HomeMy WebLinkAboutPACKET Town Board 2022-05-10The 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
Tuesday, May 10, 2022
7:00 p.m.
In Person Meeting – Mayor, Trustees, Staff and Public
ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Tuesday, May 10, 2022. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING
Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar
which will be moderated by the Town Clerk’s Office. 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.
CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040
ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION - ARBOR DAY.
PROCLAMATION - KIDS TO PARKS DAY.
ESTES RECYCLES DAY POSTER CONTEST AWARDS.
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 April 26, 2022 and Town Board Special Study Session
Minutes dated April 21, 2022.
3.Estes Park Planning Commission Minutes dated March 15, 2022 (acknowledgment
only).
Prepared 04-29-2022
*Revised
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4.Parks Advisory Board Minutes dated March 17, 2022 (acknowledgment only).
5.Transportation Advisory Board Minutes dated March 16, 2022 and March 24, 2022
(acknowledgment only).
6.Deaccessioning AIPP Art Donation.
7.Resolution 36-22 Amendments to the Memorandum of Understanding with Estes Park
Western Heritage, Inc.
8. Resolution 37-22 Contract for US 36 and Community Drive Roundabout with
Cornerstone Engineering and Surveying, $167,984 – Budgeted.
9.Resolution 38-22 Intergovernmental Agreement for 2022 Elkstang Bustang Service
with CDOT.
10. Resolution 39-22 Contract for Housing Needs Assessment and Strategic Plan with
Root Policy Research.
11. 2022 Merit Increase of 2% for Town Administrator Machalek per Employment
Agreement.
LIQUOR ITEMS:
1.RESOLUTION 40-22 NEW OPTIONAL PREMISE LIQUOR LICENSE APPLICATION
FOR ESTES VALLEY RECREATION AND PARK DISTRICT DBA ESTES PARK
GOLF COURSE, 1482 GOLF COURSE ROAD, ESTES PARK, COLORADO. Town
Clerk Williamson.
To consider a new optional premise liquor license application and to consider the
needs and desires of the neighborhood.
ACTION ITEMS:
1.ORDINANCE 03-22 AMENDING CHAPTER 17.66 OF THE ESTES PARK
MUNICIPAL CODE REGARDING NEON-STYLE SIGNS. Planner Bergeron.
Recommended changes would place reasonable restrictions on neon-style signs while
permitting the ongoing use.
2.ORDINANCE 05-22 VACATING A PORTION OF THE WEST RIVERSIDE DRIVE
RIGHT-OF-WAY. Director Muhonen.
Vacation of excess street right-of-way for the Downtown Estes Loop.
3.LODGING TAX EXPLORATION TASK FORCE TOWN BOARD LIAISON
APPOINTMENTS. Town Administrator Machalek.
Consideration of the appointment of two members of the Town Board to serve as
liaisons to the Lodging Tax Exploration Task Force.
4.INTERVIEW COMMITTEE FOR THE PARKS ADVISORY BOARD. Town Clerk
Williamson
5.INTERVIEW COMMITTEE FOR THE TRANSPORTATION ADVISORY BOARD.
Town Clerk Williamson.
REPORTS AND DISCUSSION ITEMS:
1.2022 REGULAR MUNICIPAL ELECTION REPORT. Town Clerk Williamson.
To provide the Town Board and the public an overview of the latest election, including
costs, ballot details, use of the new drop box, turnout, etc.
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REQUEST TO ENTER EXECUTIVE SESSION:
For the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24-
6-402(4}(e), C.RS. – Fish Hatchery Negotiation Update.
ADJOURN.
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Town of Estes Park, Larimer County, Colorado, April 26, 2022
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall and Virtually in
said Town of Estes Park on the 26th day of April, 2022.
Present: Wendy Koenig, Mayor
Patrick Martchink, Mayor Pro Tem
Trustees Carlie Bangs
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
Kimberly Disney, Recording Secretary
Absent: Trustee Marie Cenac
Mayor Koenig called the meeting to order at 7:00 p.m.
PROCLAMATION – PUBLIC SERVICE RECOGNITION WEEK.
Mayor Koenig read a proclamation recognizing public service members.
AGENDA APPROVAL.
It was moved and seconded (Webermeier/Martchink) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
Jean Lindholm/Town citizen requested an individual standing committee be created
which focused on environmental sustainability to preserve the pristine community. She
stated the Town was behind other similar communities with regard to environmental
issues.
TRUSTEE COMMENTS.
Trustee comments have been summarized: Recognized Trustee Bangs for her time on
the Board of Trustees and thanked her for her service. The Transportation Advisory
Board meeting was held April 20, 2022. The Policy Auxiliary Board met April 22, 2022
and welcomed the new Sergeant. The Citizen Police Academy was currently being held
and would end May 12, 2022. The next Visit Estes Park Board meeting would be held
April 30, 2022 and applications were being accepted for the Lodging Tax Exploration
Task Force. The Colorado Municipal League conference would be held in Breckenridge
on June 21, 2022 through June 24, 2022 and Board members were encouraged to
attend. The next Platte River Power Authority Board meeting would be held April 28,
2022. The Larimer County Behavioral Health Policy Council would meet May 2, 2022.
The Comprehensive Plan Advisory Committee met April 14, 2022 and the upcoming
community engagement Choices Workshop would be held May 12, 2022. The Estes
Park Planning Commission met April 18, 2022, one development plan was approved
and an annual review was held on the Stanley Home Museum.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek presented the 2022 Organization Plan as required by
Board Policy 1.13 or 3.13 and following the certification of results of each biennial
election. He recognized Trustee Bangs and retiring Police Chief Wes Kufeld for their
years of service with the Town.
1.CONSENT AGENDA:
1.Bills.
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Board of Trustees – April 26, 2022 – Page 2
2.Town Board Minutes dated April 12, 2022 and Town Board Study Session
Minutes dated April 12, 2022.
3.Comprehensive Plan Advisory Committee Minutes dated March 10, 2022
(acknowledgment only).
4.Change Order for a Contract Extension for the 2022 Chip & Crack Seal Program
with Vance Brothers, Inc., for $147,491 – Budgeted.
5.Change Order for a Contract Extension for the 2022 Overlay & Patching Program
with Coulson Excavating Co., Inc., for $614,637 – Budgeted.
6. Change Order and Contract Agreement for Graves Ave Improvements with
Sanderson Stewart, $17,150 – Budgeted.
7. Resolution 33-22 Setting the Public Hearing for a New Optional Premise Liquor
License Application for Estes Valley Recreation and Park District dba Estes Park
Golf Course, 1482 Golf Course Road, Estes Park, Colorado for May 10, 2022.
8.Resolution 34-22 Application for Grant Funding from the Colorado Department of
Local Affairs for Broadband Initiative Planning and Implementation.
9.Appointment of Julie Daley to the Estes Park Housing Authority for a five-year
term beginning May 1, 2022 and expiring April 30, 2027.
It was moved and seconded (Younglund/Bangs) to approve the Consent
Agenda, and it passed unanimously.
PLANNING COMMISSION ITEMS:
1.ACTION ITEMS:
A. RESOLUTION 35-22 GOLDEN LEAF MINOR SUBDIVISION, 325 AND
327 JAMES STREET, MARK AND RENAE ADELMANN,
OWNER/APPLICANT, VAN HORN ENGINEERING, APPLICANT’S
REPRESENTATIVE. Mayor Koenig opened the public hearing. Planner
Woeber stated presented Resolution 35-22 to approve the minor
subdivision of a 4.44-acre lot into three separate lots consisting of 1.13
acres, 1.83 acres, and 1.47 acres respectfully. Both water and sewer
improvements would be required as part of the subdivision. The Estes
Park Planning Commission recommended approval of the Resolution.
Tom Bergman, of Van Horn Engineering was available for questions. The
Board discussed access to lot 3 from West Elkhorn Avenue, staff efforts,
and the Estes Park Planning Commission review.
John Meissner/Town citizen questioned if the manner of lot division was
due to existing structures, and existing access to those structures.
Jean Lindholm/Town citizen questioned if there were any environmentally
sustainable additions to the lots.
Mayor Koenig closed the public hearing and it was moved and seconded
(Martchink/Bangs) to approve Resolution 35-22, and it passed
unanimously.
ACKNOWLEDGEMENT OF TRUSTEE BANGS. Mayor Koenig read a Resolution of
Respect for Trustee Bangs and Town Administrator Machalek acknowledged Trustee
Bangs and thanked her for her service to the community.
Mayor Koenig called a break at 7:41 p.m. and the meeting was reconvened at 8:00 p.m.
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Board of Trustees – April 26, 2022 – Page 3
SWEARING-IN CEREMONY FOR NEWLY-ELECTED TRUSTEES. Judge Thrower
conducted a swearing-in ceremony for newly-elected Trustees Marie Cenac, Kirby
Hazelton, and Scott Webermeier.
ACTION ITEMS:
1.APPOINT MAYOR PRO TEM. It was moved and seconded
(Younglund/Martchink) to approve the appointment of Trustee Webermeier
as Mayor Pro Tem, and the motion passed unanimously.
2.TOWN BOARD POLICY 101 – BOARD ASSIGNMENTS. Policy Governance
101 Board Appointments outline the appointments to a number of Boards,
Commissions and Task Forces. The following were considered by the Board for
formal approval and appointment:
Board, Commission or Task Force Liaison Staff Liaison Type of
Committee
Estes Park Planning Commission Trustee MacAlpine Jessica Garner Advisory/
Decision
Making
Estes Park Board of Adjustment Trustee MacAlpine Jessica Garner Decision
Making
Western Heritage Inc Trustee Cenac n/a Outside
Estes Park Museum Friends and
Foundation Inc.
n/a Derek Fortini Outside
Police Auxiliary Trustee Younglund Wes Kufeld Working
Group
Parks Advisory Board Trustee Younglund Brian Berg Advisory
Transportation Advisory Board Trustee Martchink Greg Muhonen Advisory
Estes Valley Restorative Justice Trustee Hazelton Denise Lord Working
Group
Estes Park Board of Appeals Trustee Hazelton Jessica Garner Advisory/Deci
sion Making
Sister Cities Trustee MacAlpine n/a Working
Group
Family Advisory Board Trustee Younglund Jason Damweber Advisory
Comprehensive Plan Advisory Committee Trustee MacAlpine Jessica Garner Advisory
Committee or Board Appointed
Member(s)
Staff Liaison Type of
Committee
Audit Committee Mayor Koenig
Mayor Pro Tem
Webermeier
Trustee Hazelton
Travis Machalek
Duane Hudson
Advisory
Colorado Association of Ski Towns
(CAST)
Voting Designee –
Trustee Cenac
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 Hazelton &
TA Machalek
n/a Outside
Larimer County Solid Waste Policy Council Mayor Koenig
expires 11/30/2022
n/a Outside
Local Marketing District (Visit Estes Park) Trustee Webermeier
Alt Designee Trustee
Cenac
n/a Outside
Regional Transportation Infrastructure
Funding Task Force
Trustee Martchink n/a Outside
Larimer County Behavioral Health Policy
Council
Mayor Koenig n/a Outside
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Board of Trustees – April 26, 2022 – Page 4
It was moved and seconded (Younglund/Hazelton) to approve the revisions
to Policy 101 Board of Trustees Division of Responsibilities, and it passed
unanimously.
3.STAFF ASSIGNMENTS. Town Clerk Williamson presented the staff
appointments and noted a minor change on the Assistant Municipal Judge
position. Judge Ablao has stepped down from the role and staff would bring
forward a new appointment for Assistant Municipal Judge in the future. It was
moved and seconded (Webermeier/MacAlpine) to approve the appointments
of Jackie Williamson as Town Clerk, Duane Hudson as Town
Treasurer/Town Clerk Pro Tem, Dan Kramer as Town Attorney, David
Thrower as the Municipal Judge and Travis Machalek as the Town
Administrator, and it passed unanimously.
4.ORDINANCE 04-22 AMENDING SECTION 2.24.030 OF THE ESTES PARK
MUNICIPAL CODE ON TOWN OFFICER COMPENSATION AND RENEWING
THE AGREEMENT WITH THE MUNICIPAL JUDGE. Mayor Koenig opened the
public hearing. Town Clerk Williamson presented Ordinance 04-22 which would
update code language to clearly outline how officers of the Town would be
compensated and approve a new agreement with the Municipal Judge. The
agreement for Judge Thrower would begin on April 26, 2022 and terminate on
April 23, 2024 with all other conditions remaining the same with the following
exceptions: inclusion of Judge Thrower as the Liquor License Authority for show
cause and other liquor matters and an increase in monthly rate. Mayor Koenig
closed the public hearing and it was moved and seconded
(Younglund/Webermeier) to approve Ordinance 04-22, and it passed
unanimously.
Whereupon Mayor Koenig adjourned the meeting at 8:20 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary DR
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Town of Estes Park, Larimer County, Colorado April 21, 2022
Minutes of a Special Study Session meeting of the TOWN BOARD of the
Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall
in Rooms 202/203 in said Town of Estes Park on the 21st day of April 2022.
Town Board: Mayor Koenig, Mayor Pro Tem Martchink, Trustees Bangs,
Cenac, MacAlpine, Youngland and Webermeier
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer, Deputy Town Clerk
Beers, Trustee Elect Hazelton and Estes Chamber of
Commerce Board Members
Absent: Mayor Pro Tem Martchink, Trustees Bangs, Cenac and
MacAlpine
INTRODUCTIONS AND INFORMAL DISCUSSION.
The Board of Trustees and Estes Chamber of Commerce held an informal luncheon.
Introductions were made for attending members.
Luncheon adjourned at 1:30 p.m.
Bunny Victoria Beers, Deputy Town Clerk
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Town of Estes Park, Larimer County, Colorado, March 15, 2022
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 15 day of March
2022.
Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson, Janene
Centurione.
Attending: Chair Comstock, Vice-Chair Heiser, Commissioner
Centurione, Commissioner Elkins, Commissioner Hanson,
Director Jessica Garner, Senior Planner Jeff Woeber, Planner
II Alex Bergeron, Planning Technician LJ Baur, Recording
Secretary Karin Swanlund, Town Attorney Dan Kramer, Town
Board Liaison Barbara MacAlpine
Also Attending: Mike Scholl, Matt Ashby, Ayres Associates consultants
Absent: None
Chair Comstock called the meeting to order at 1:30 p.m.
AGENDA APPROVAL
It was moved and seconded (Heiser/Elkins) to approve the agenda. The motion
passed 5-0.
PUBLIC COMMENT none
CONSENT AGENDA APPROVAL
It was moved and seconded (Hanson/Heiser) to approve the consent agenda. The
motion passed 5-0.
ACTION ITEMS
1.Golden Leaf Minor Subdivision Senior Planner Woeber
Planner Woeber reviewed the staff report for the Golden Leaf Minor Subdivision. The
4.44± acre site is within the E-1 (Estate) Zone District. Currently, there are two
residences on the property. The proposed subdivision creates an additional single-
family lot for a single-family home. Staff recommended approval of the Minor
Subdivision with one condition of approval:
A.Prior to recordation of the Golden Leaf Minor Subdivision, the owner/applicant
shall guarantee installation of public improvements for water and sewer
infrastructure per recommendation of the Town Utilities Department and the Estes
Park Sanitation District. This may involve installing the improvements or submitting
an improvement agreement, subject to review and approval by Community
Development.
Owner Mark Adelmann thanked the Commission and the Staff for working with him
over the past months.
It was moved and seconded (Heiser/Hanson) to recommend that the Town Board
approve the Golden Leaf Minor Subdivision with findings and condition of approval
recommended by Staff. The motion passed 5-0.
DISCUSSION ITEMS
1.Missing Middle Mike Scholl, Ayers Associates
At the November 11, 2021, Planning Commission meeting, Staff presented Missing
Middle housing types and discussed potential changes to the Zoning Code to facilitate
denser development. The discussion was a follow-up to a previous discussion on the
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Planning Commission – March 15, 2022 – Page 2
proposed RM-2 Zoning District. This incentive-based system allows building at higher
densities and reduces regulatory burdens such as parking requirements in exchange
for some affordable components.
While the Planning Commission indicated a general desire to allow for greater
densities, it was clear that a more nuanced approach was needed to ensure
compatibility with existing residential neighborhoods and the town overall.
As a result of the feedback from the Commission, Staff was provided direction to
explore the concept of the Missing Middle. The Missing Middle refers to medium-
density (gentle density) housing types that can be more easily integrated into single-
family residential neighborhoods while providing much-needed housing options. The
Planning Commission informally signaled that they would be favorable to considering
this approach.
Staff will start building online modules to be viewed on EngageEstes.org, followed by
a staff workshop to review the existing code and create a draft amendment.
Staff will also begin planning community engagement sessions in conjunction with the
Comprehensive Plan process to share ideas and gather input.
Director Garner noted that this concept is about expanding choices, not dictating
terms. It provides variety and options for a framework in the future.
2.CPAW (Community Planning Assistance for Wildfire) Planner II Bergeron
This analysis of recommendations provided by the CPAW team is based on their
review of the Estes Park Development Code and related documents. The review lens
focused solely on strengthening wildfire mitigation and reducing wildfire risk. As such,
recommendations should be reviewed and considered with other community priorities
and competing interests.
The recommendations supplement additional CPAW products and tools to increase
understanding, support, and action around community wildfire risk mitigation.
Some key recommendations and concurrence for updating the Development Code to
reduce wildfire risk are:
•Update Zoning Standards
•Update the Subdivision Standards
•Enhance mapping of Wildfire Hazard Areas
•Educational Materials
•Enhanced setbacks and consideration of other-dimensional aspects
•Fire hazard in campgrounds and short-term rentals
Landscaping standards could be one of the urgent Codes to rewrite prior to the
Comprehensive Plan adoption.
3.Discussion on Virtual vs. In-Person meetings
Discussion included the potential need for police presence and public participation.
Commissioners preferred hybrid meetings.
4.Comprehensive Plan Update
The Committee had two joint meetings with the Estes Valley Planning Advisory
Committee, discussing Community Choices. Policy development is the next step
in the Plan rewrite.
There being no further business, Chair Comstock adjourned the meeting at 4:05 p.m.
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Planning Commission – March 15, 2022 – Page 3
_______________________________
Matt Comstock, Chair
Karin Swanlund, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, March 17, 2022
Minutes of a Regular meeting of the PARKS ADVISORY BOARD of the
Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal
Building in said Town of Estes Park on the 17th day of March, 2022.
Board: Chair Elliot; Vice-Chair Poggenpohl; Members Berry, Nelson-
Hazelton, Papineau, and Wilcocks
Attending: Vice-Chair Poggenpohl; Members Berry, Nelson-Hazelton,
Papineau, and Wilcocks; Trustee Cenac; Supervisor Berg;
and Recording Secretary McDonald
Absent: Chair Elliot
Vice-Chair Poggenpohl called the meeting to order at 8:34 a.m.
PUBLIC COMMENT
None.
TRUSTEE LIAISON UPDATES
Trustee Cenac reported that the Town Board supports the concept of an Arts Master Plan
(AMP) but requires a development cost analysis before considering its inclusion in the
2023 Strategic Plan. Vice-Chair Poggenpohl and Member Wilcocks would present their
AMP work later in this meeting. Trustee Cenac also noted the Town Board’s
considerations of workforce housing and encouraged voter participation on April 5.
APPROVAL OF MINUTES DATED FEBRUARY 17, 2022
It was moved and seconded (Papineau/Nelson-Hazelton) to approve the February 17,
2022, meeting minutes, and the motion passed. Member Berry abstained due to
absence from the February meeting.
ARBOR DAY DISCUSSION
Supervisor Berg presented the Town of Estes Park’s anniversary certificate as a 25-year
member of Tree City USA. The 300 trees to be given away on April 30 will be blue spruces
purchased from Nebraska City’s Arbor Day Farm. It was agreed that the care
specifications for this particular tree be provided to the giveaway customers as a QR
code, printed instructions, education on the Parks website page, or a combination of the
three resources. Member Nelson-Hazelton offered to create a QR code. Supervisor Berg
will draft the care specifications and consult the Town PIO regarding QR code planning
and website feature criteria.
CONSENT AGENDA ITEMS FOR TOWN BOARD MARCH 8, 2022
Supervisor Berg reported that the Town Board approved the PAB’s Art in Public Places
(AIPP) policy updates, which reflected engineering input from Director Muhonen, as well
as the applications for 2022 yarn bombing and the Women’s Monument Project sculpture
of Eleanor Hondius. Member Wilcocks advised that the Estes Valley Library (EVL) will
display the Hondius sculpture inside. To be eligible for outside display, the sculpture’s
placement must be approved by the PAB and the Town Board since the Parks department
would be responsible for planning and managing its maintenance.
2022 INITIATIVES PLANNING
Vice-Chair Poggenpohl and Supervisor Berg, on behalf of Chair Elliot, requested that
members review the priorities identified through the PAB 2022 Initiatives planning
exercise. Chair Elliot is working on the Tree City USA designation, Arbor Day celebration,
and AMP outreach. Member Papineau suggested that the initiative document be revised
as follows: Under the Community Environmental/Wetlands Education, edit the bullet item
beneath ELSA Invasive Plant Management to “Support ELSA’s development and
distribution of the Identification and Management Guide.”
ARTS MASTER PLAN UPDATES
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Parks Advisory Board – March 17, 2022 – Page 2
Vice-Chair Poggenpohl and Member Wilcocks explained their continued research into the
financial and other components of developing an AMP. They emphasized that an AMP is
focused on overall goals but does not presume to set detailed plans for reaching those
goals, and that grant applications require a documented AMP exist regardless of whether
the document will be reviewed during the process. Grants for AMPs are given to
municipalities and typically award $5-15k. The cost range for hiring an outside consultant
is $20-60k. Support and enthusiasm for an AMP from all local arts organizations and
artists—as well as from the EVL, Visit Estes Park, and Estes Chamber of Commerce—is
presently strong enough that the AMP development and future arts activity management
could be primarily volunteer-driven. Sample and template AMPs, and the planning
approaches of other communities, have been reviewed.
Discussion points included the inevitable responsibilities required of Town staff for grant
applications and other administrative tasks, even with extensive volunteer involvement;
the potentially inefficient use of volunteer time and energy without ongoing guidance from
the Town Board about what is and isn’t possible; the benefit of having artists involved in
the process without the formation of a formal committee; the history of relations between
the Town Board and the arts community; and how an arts program could be marketed
and managed.
It was agreed that Vice-Chair Poggenpohl and Member Wilcocks would continue their
research areas and prepare an initial AMP draft or outline for the PAB to review and
discuss at the May 19 meeting, for ultimate submission to the Town Board.
PARKS UPDATE
Supervisor Berg advised that excavation has begun for the climbing boulder and picnic
shelters at the Big Thompson Recreation and Picnic Area. Planning is underway for the
placement of plants, signs, and kiosks. The grant for the Thumb Open Space is closed
out. June opening is planned for both areas. Several seasonal Parks workers are
returning, and high school students are encouraged to apply; Member Nelson-Hazelton
will suggest to the soccer team. Mrs. Walsh’s Garden Committee will resume construction
projects in 2023 and is planning outreach for programs and garden events.
OTHER BUSINESS
Vice-Chair Poggenpohl reported that he will prioritize the AMP project before retiring from
the PAB in December. He also observed that local wildfire mitigation groups are
separately discussing their mitigation efforts. Member Wilcocks reported that he fields
many questions about the Town’s use of sales tax funds.
There being no further business, Vice-Chair Poggenpohl adjourned the meeting at 9:35
a.m.
/s/Lani McDonald, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, March 16, 2022
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 16th day of
March, 2022.
Board: Chair Morris; Vice-Chair Ekeren; Members Bernal, Finley,
Gamble, Hanick, Moulton, Slack, and Street
Attending: Chair Morris; Members Finley, Gamble, Hanick, Moulton,
Slack, and Street; Managers Hook and Solesbee; Trustee
Bangs; and Recording Secretary McDonald. Also attending
were Presenters Matt Eisenberg (The Car Park), Mark Igel
(The Taffy Shop), and Jamie Palmesano (Brownfield’s); and
Public Attendees Donna Carlson (Estes Chamber of
Commerce), Rebecca Gelsinger (Visit Estes Park), and
Stephen Phillips (The Car Park)
Absent: Vice-Chair Ekeren; Member Bernal; Director Muhonen
Chair Morris called the meeting to order at 12:04 p.m.
PUBLIC COMMENT
None.
TRUSTEE LIAISON UPDATE
Trustee Bangs reported no new updates, but confirmed that her seat on the Town Board
of Trustees is open for the April 5 election.
APPROVAL OF MINUTES DATED FEBRUARY 16, 2022
It was moved and seconded (Slack/Street) to approve the February 16, 2022, meeting
minutes with minor amendments, and the motion passed unanimously.
DOWNTOWN BUSINESS OWNERS ON PARKING DOWNTOWN
Chair Morris and Manager Solesbee introduced Mark Igel (owner, The Taffy Shop) and
Jamie Palmesano (manager, Brownfield’s), who also recently presented their
perspectives on downtown parking to the Downtown Parking Task Force (DPTF).
Presentation points included the presenters’ brief personal histories and professional
journeys as operators of businesses in downtown Estes Park; their sense of stewardship
and privilege to speak on behalf of their customers and all loyal visitors; the importance
of respecting the overall demographics and behavior of visitors and residents as it relates
to parking needs; and maintaining an environment of friendly, unified service. Discussion
points focused on the purpose of paid parking funds; how to adapt parking policies that
invite a sense of ownership and community; improvements to signage, education, and
other communications about parking choices downtown; how to balance the paid parking
program’s ultimate purpose and goals with the overall resources of the average visitor
and those who require accommodations; the impact of COVID-19 on trolley and shuttle
use; and the visual impression made when parking policies are being enforced. It was
agreed that paid parking is expected in most communities, but that the unique, magical
qualities of Estes Park, and the stress of the global pandemic on all people since 2020,
should be factors in all discussions regarding parking policies and implementation.
Manager Solesbee advised that ongoing, open conversation among all stakeholders will
help ensure that incremental changes can be made and meaningful compromises can be
reached.
ENGINEERING & ADMINISTRATION UPDATES
On behalf of Director Muhonen, Manager Hook advised that additional funding of $1.26
million has been secured for the Community Drive & Highway 36 Roundabout.
Revitalizing Main Streets (RMS) grant funds for the multimodal trail along Community
Drive remains under review by CDOT. The final design has been restarted with the intent
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Transportation Advisory Board – March 16, 2022 – Page 2
to acquire a summer bid and commence construction in the fall. The RMS grant for
Stanley Park is still being reviewed by CDOT. Applications for the Multimodal
Transportation and Mitigation Options Fund (MMOF) are due in June for a September
decision. Public Works recommends that the Town apply for two applications: $200k for
the Multimodal Transportation Plan, and $2 million to construct another phase of the Fall
River Trail; if awarded, both projects could see work in 2023.
To keep the meeting on schedule, it was agreed that Manager Hook reserve the Fall River
Trail Extension plan for presentation at a special TAB meeting to be coordinated and held
the week of March 21.
PARKING & TRANSIT UPDATES
Manager Solesbee introduced Presenter Eisenberg to walk through the 2022 Paid
Parking Program updates. The presentation commenced with a summary list of program
priorities generated by feedback from the 2021 season and refined during winter meetings
with individual stakeholders and the DPTF, and segued into specific recommendations
for 2022. Discussion points focused on the feasibility of managing a first-hour-free policy,
the expansion of parking permit options, and the adjustment of paid parking daily hours.
Next steps include clearly defining the use of parking revenues; collaborating with the
Estes Chamber of Commerce and Visit Estes Park to improve communications and
education regarding downtown parking; program enforcement strategies; public-private
partnership opportunities; and improving the overall service and parking experience for
downtown visitors and employees. Public Works will present to the Town Board an
amendment regarding operational hours, bulk permit discounts, and setting rates for the
Multi-Day Pass.
The presentation and new signage files would be provided to TAB members following the
meeting. Further feedback on these items is invited in preparation for the April 12 Town
Board Study Session.
DISCUSSION: 2023 TAB INTERESTS & PLANNING
To keep the meeting on schedule, Chair Morris did not introduce discussion on this topic.
OTHER BUSINESS
It was agreed that a Doodle Poll be conducted to coordinate the TAB special meeting on
the Fall River Trail Extension plans.
Manager Solesbee thanked outgoing Members Street and Moulton for their service on
the TAB. She also thanked The Car Park’s Matt Eisenberg and Bekah Gatchel, who are
leaving for new professional opportunities.
There being no further business, Chair Morris adjourned the meeting at 2:07pm.
/s/Lani McDonald, Recording Secretary
Page 18
Town of Estes Park, Larimer County, Colorado, March 24, 2022
Minutes of a Special meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 24th day of
March, 2022.
Board: Chair Morris; Vice-Chair Ekeren; Members Bernal, Finley,
Gamble, Hanick, and Slack
Attending: Chair Morris; Vice-Chair Ekeren; Members Finley, Gamble,
and Slack; Managers Barr and Hook; and Recording
Secretary McDonald
Absent: Member Bernal, Member Hanick
Chair Morris called the meeting to order at 2:02 p.m.
PUBLIC COMMENT
None.
PRESENTATION OF THE FALL RIVER TRAIL EXTENSION PLANS
Manager Barr presented select pages of the 90 percent design plans for the Fall River
Trail Extension project, with Manager Hook co-facilitating. This phase of the project
includes a one-half mile section of the trail beginning at the trail ends barricade along Fall
River Road near Sleepy Hollow Court. The trail will be on the south side of Fall River
Road within CDOT right of way. The construction timeline is planned to coincide with the
Rocky Mountain National Park (RMNP) Rehabilitation of the Fall River Entrance Station,
which will be limiting and discouraging visitor use of the Fall River Entrance from
approximately July 2022 through spring 2023.
Presentation points included the details and measurements of the trail and retaining walls,
particularly near the Fall River; use of guard rail or bridge rail and pedestrian railing on
certain sections; placement of benches and bike racks; bus pull-off areas; ROW factors;
and strategies for maintenance tasks such as snow removal.
The 100 percent design plans are expected within a few weeks, and staff is currently
pursuing new grant opportunities. Bid amounts will impact certain aspects of the plans,
and limits of construction.
Manager Hook advised that the complete plans are available upon request.
OTHER BUSINESS
None.
There being no further business, Chair Morris adjourned the meeting at 2:29pm.
/s/Lani McDonald, Recording Secretary
Page 19
Page 20
PUBLIC WORKS DEPT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Brian Berg, Parks Supervisor
Greg Muhonen, Public Works Director
Date: May 10, 2022
RE: Deaccessioning of AIPP Art Donation
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION X OTHER______________
QUASI-JUDICIAL YES X NO
Objective:
Deaccessioning the bronze sculpture of “Eleanor Hondius with a Bike” from the Town’s
artwork inventory and donating it to the Estes Valley Library (EVL) for display.
Present Situation:
This sculpture was purchased by the Women’s Monument Committee from an artist
entry to the Women’s Monument Project, and donated to the Town in March 2022. The
artwork, by runner-up artists Sutton Betti and Daniel Glanz, is a miniature mockup that
measures approximately 18 inches tall and is situated on a base measuring 3 x 3
inches. The Town would like to donate the sculpture to the EVL for public display and
enjoyment, but the library’s display rules state that it must own any piece of art it places
for display. The citizen Parks Advisory Board supports the deaccessioning of this art
from the Town’s collection and donating it to the EVL.
Proposal:
Currently the sculpture is in storage at the EVL, which has committed to taking
ownership and displaying the sculpture.
Advantages:
•Adding this sculpture to the EVL artwork collection will allow it to be displayed for
the public to enjoy.
Disadvantages:
•The Town will no longer have ownership of this piece of art.
Page 21
Action Recommended:
Public Works staff recommend deaccessioning this piece of art and donating it to the
Estes Valley Library.
Finance/Resource Impact:
Budget Impact: No budget impact.
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of the deaccessioning of the bronze sculpture of
“Eleanor Hondius with a Bike” and donating it to the Estes Valley Library.
Attachments:
1.Art in Public Places (AIPP) Guidelines, De-accessioning a Work of Art, Pages 18-
20
Page 22
D.Provide a copy of the artist's resume or biography; information about the
artist's significance; and digital images showing a sampling of the artist's work.
E.Provide information about the artwork's provenance, exhibition history, and a
current estimate of value. Include a letter of authenticity from the artist, if possible.
F.Provide a conservation assessment describing the condition of the work of art, along
with a maintenance plan. The plan should include an explanation of the expected life
span of the work of art while placed in a public environment, stipulating the type of
environment (interior/exterior) in which the work of art may be placed. The plan should
also discuss whether the work of art may be prone to vandalism and how the effects of
any vandalism may be mitigated; it should be authored by a qualified conservator or the
artist.
G.The P AB may request additional information.
H.The P AB is unlikely to consider any donation that requires immediate or extensive
maintenance.
Review Considerations
In reviewing a potential donation, the P AB typically considers the information requested
above, as well as aesthetic quality (including craftsmanship), compatibility with the Town's
existing public art collection, and budget (i.e., maintenance requirements and installation
costs). The PAB may also consider other factors contained in its acquisition guidelines.
Public Disclosure
Information about regular P AB meeting dates, rooms and times may be obtained by contacting
the Town Clerk. Special meetings may be called from time-to-time as needed. Information
regarding PAB meetings is posted in Town Hall and meetings, in accordance with Town
regulations, are open to the public. Notices about PAB agendas and minutes are provided to the
Trail Gazette and Estes Park News newspapers to facilitate public input. Generally, a legal
notice, including a photograph of a proposed work of art donation or acquisition is placed in the
newspaper to allow citizen comment. Feedback received shall be provided to the PAB prior to
the second and final reading at a Town Board meeting regarding the proposed installation.
Under special circumstances, the second reading may be waived.
DE-ACCESSIONING A WORK OF ART
De-accessioning is a procedure for withdrawing a work of art from the Town of Estes Park's
public collection. The PAB is responsible for recommending to the Town Board whether any
Page 18
Attachment 1
Page 23
piece(s) should be de-accessioned. De-accessioning occurs only for good reason, in the PAB's
discretion.
Basis for De-Accessioning
The P AB may de-accession an artwork for one or more or the following reasons.
A.The work of art endangers public safety.
B.The work of art has been determined to be in unsatisfactory condition.
C.The work of art lacks a suitable display site.
D.The condition or security of the work of art cannot be reasonably guaranteed where
located.
E.The work of art is attached to a structure slated for destruction, remodeling or repair
(so that it is not practical to keep it).
F.The work of art is or has become incompatible with the rest of the collection.
G.The Town wishes to replace the work of art with a piece of more significance by the
same artist.
H.The work of art requires excessive maintenance or it has faults of design
or workmanship.
I.The work of art is found to be fraudulent or not authentic.
J.The Town cannot properly care for or store the work of art.
K.For any other reason articulated by the PAB, in its discretion.
Process/Disposition
The PAB will review the works of art in the Town's collection at least once every five years to
determine whether any piece(s) should be de-accessioned. In addition, the Town reserves the
right to de-accession a work of art at any time deemed appropriate by the P AB.
De-accessioning may only be considered during a monthly or a special meeting of the P AB. A
majority of P AB members in a quorum must approve de-accessioning for two consecutive
votes. After the first vote, a public announcement of the plan to de-accession must be made to
permit public input prior to the second vote. Following the second vote, and upon approval of
the Town Board, the work of art shall be officially de-accessioned from the Town collection.
The P AB may consider the following options for disposition of a de-accessioned artwork.
----------------Page 19 Page 24
A.Return to the artist;
B.Sale or trade;
C.Destruction ( which shall be reserved for works deteriorated or damaged beyond
reasonably-priced repair);
D.Donation; or
E.Any option deemed appropriate by the P AB.
MAINTENANCE GUIDELINES FOR WORKS OF ART
The goal of the AIPP Maintenance Policy is to properly maintain the Town's collection of
publicly owned works of art to ensure Estes Park citizens' long-term enjoyment of the
collection. The AIPP Maintenance guidelines spell out the documentation, preservation, and
maintenance processes that will support that goal. The AIPP Maintenance guidelines will be
implemented on a piec e-specific basis that recognizes the value of each work of art in the
collection.
Process
A.Documentation. Initial documentation will be provided at the time an artist/donor
submits a work of art for consideration, prior to a piece being accepted into the Town
collection. A standardized form, comple ted by the artist/donor, will be used for this
purpose. The PAB, appropriate Town departments (Public Works Parks Division and/or
Light & Power Division), outside contractors, service people and experts may be asked
to review this documentation. Documentation will reside in the records of the curatorial
support services provider and their representative to the P AB will be responsible for
creating, keeping and periodically updating the documentation. The P AB will use the
projected cost of maintenance as one consideration in its final determination of
acceptance and placement. Although documentation and mainte nance recommendations
alone will not be used to specifically exclude artwork from the Town collection, the
recommendation may play a role in that final determination. The AIPP reserve fund may
be used to pay for acquiring critical, missing documentation not obtained at the time of
acquisition of a work of art.
B.Maintenance documentation. When a work of art is accepted into the Town collection,
minimum, "benchmark" level maintenance and a maintenance schedule will be
established for it. The documentation will include a standard for regular maintenance
----------------Page20 Page 25
Page 26
EVENTS & VISITOR
SERVICES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Rob Hinkle, Events and Visitor Services Director
Date: April 26, 2022
RE: Resolution 36-22 Amendment to Memorandum of Understanding with
Estes Park Western Heritage, Inc.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a small change in Memorandum of Understanding (MOU) between the
Town of Estes Park and Estes Park Western Heritage, Inc. to operate the Rooftop
Rodeo. The change clarifies that the reporting required in Section 1.13 will include an
in-person report from the Chair, Treasurer and CPA/bookkeeper.
Present Situation:
No current problems or barriers.
Proposal:
A small change in the MOU. The change clarifies that the reporting required in Section
1.13 will include an in-person report from the Chair, Treasurer and CPA/bookkeeper
Advantages:
To have everyone present who works directly with the financials of Estes Park Western
Heritage, Inc.
Disadvantages:
None
Action Recommended:
Approval of the MOU between the Town of Estes Park and Estes Park Western
Heritage, Inc.
Finance/Resource Impact:
None
Page 27
Level of Public Interest
Low Level of Interest
Sample Motion:
I move for the approval of Resolution 36-22
Attachments:
1.Resolution 36-22
2.Memorandum of Understanding Regarding Management of the Estes Park
Rodeo
Page 28
RESOLUTION 36-22
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
ESTES PARK AND ESTES PARK WESTERN HERITAGE INC. REGARDING
MANAGEMENT OF THE ESTES PARK RODEO
WHEREAS, the Town Board approved by resolution a memorandum of
understanding referenced in the title of this resolution on October 12, 2021; and
WHEREAS, the parties wish to revise Estes Park Western Heritage’s annual
reporting requirements in section 1.13; and
WHEREAS, the Town Board wishes to update this agreement for the for the
purpose of continued operation and management of the Estes Park Rooftop Rodeo.
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 , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 29
MEMORANDUM OF UNDERSTANDING
REGARDING MANAGEMENT OF THE ESTES PARK RODEO
This Memorandum of Understanding Regarding Management of the Estes Park
Rodeo (“Agreement”) is made and entered into by and between THE TOWN OF ESTES
PARK (“Town”), a Colorado municipal corporation, and ESTES PARK WESTERN
HERITAGE, Inc. (“WH”), a Colorado non-profit corporation.
RECITALS
A.The mission of the Town is to provide reliable, high-value services for the benefit of its
citizens, visitors, and employees, while being good stewards of public resources and its
natural setting.
B.The mission of WH is to promote the western culture and preserve the western heritage
of the Estes Valley by producing and supporting activities for the education and enjoyment of
its residents and visitors.
C.Each year, the Town produces a rodeo (“Rodeo”), sanctioned by the Professional
Rodeo Cowboys Association (PRCA), known as Estes Park Rodeo as well as the Rooftop
Rodeo and registered as PRCA rodeo 316.
D.The Town and WH desire for WH to assist the Town in management of the Rodeo.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the parties hereto agree as follows:
SECTION 1. DUTIES AND RESPONSIBILITIES OF THE TOWN OF ESTES PARK
1.01 The Town shall maintain and operate the physical facility known as the Town of
Estes Park Events Complex at Stanley Park (“Facility”).
1.02 The Town shall provide the following support for WH:
a.Use of an office and office support, and supplies as specific to Rodeo; and
b. Funding for an annual appreciation and awards event for volunteers of the
Rodeo.
1.03 The Town shall have financial and management responsibility for the following
elements of the Rodeo:
a.The Rodeo itself;
b. Rodeo Pre-Show;
Attachment 2
Page 30
c.Supporting WH in scoreboard set up and teardown;
d. Providing an ambulance service;
e.Providing police security as needed;
f.Providing a veterinarian;
g. Providing contestant purse money, as approved by Town Board, required
by PRCA to host the Rodeo;
h. Paying for all contract personnel and their lodging needed to produce the
Rodeo in accordance with its agreement with the stock contractor, except as
noted in section 2.09; and
i.Marketing and advertising to the general public.
1.04 The Town shall be responsible for negotiating contracts, with the exception of
sponsorship agreements, for the Rodeo. The Town shall consult with WH prior to
choosing a stock contractor(s). This consultation is to allow both parties to
understand the stock contractor’s needs for the Rodeo, and allow the parties to
determine how those needs fit within their individual scope of duties. The Town shall
select the contractor pursuant to its contracting policies.
1.05 The Town shall maintain ownership of the Rodeo.
a.WH will hold the PRCA committee membership position starting in 2016 and
will pay PRCA dues and application fee currently totaling $1,300.
b. The Town owns the Rooftop Rodeo Parade and will pay for its
associated insurance requirements. WH will help plan and produce the
Parade.
1.06 The Town shall receive the following revenues:
a.Ticket sales (not to include Behind the Chutes Tours);
b.Vendor fees; and
c.Convenience fees from internet sales of Rodeo admission tickets.
1.07 The Town reserves the right to utilize WH equipment, except for exempt items as
described in the Attachment hereto. Exempt items will be determined by WH. If
any equipment item is damaged by the Town, it shall be repaired or replaced by the
Town.
1.08 The Town Events and Visitor Services Director (Director) and the WH Board will
meet annually in concert with the Town’s budgeting process to identify WH and
Town needs. Unanticipated expenditures will be reviewed on a case-by-case basis.
1.09 Two delegates of the Town shall be ex officio members of WH and may
participate in membership and board meetings of WH: the Director, and a Town
Board member designated by the Town Board as the Town Board Liaison to WH.
1.10 The Town shall be the owner of items and capital improvement projects funded
through its budget.
Page 31
1.11 The Director shall outline capital improvement projects and other appropriate needs
of financial assistance from the WH Board. Capital improvement projects shall be
defined as projects with a value over $5,000 and over 1 year of useful life. The
majority of funding requests by the Director to WH will be made once a year. The
Town is responsible for any related project management.
1.12 All duties and responsibilities of the Town set forth in this Agreement are subject to
the budgetary process of the Town including appropriations of sufficient funds to
perform the duties and responsibilities set forth herein and the administration of the
Facility by the Town Administrator or their designee.
1.13 The Town shall have the right to review WH documents and financial records
promptly upon request. WH shall prepare minutes of its meetings, as required by law,
and shall transmit them to the Town promptly upon request. By December 1 of each
year, WH shall also submit a detailed annual report to the Town on WH’s finances,
documenting in particular, with supporting narrative in person from the Chair,
Treasurer, and CPA/Bookkeeper, as well as in writing, (a) WH’s certification that all
WH’s financial records are accurate, (b) that all bookkeeping conforms to generally
accepted accounting standards, and (c) that WH has complied fully with all its
bylaws; and noting any deviations.
1.14 All sponsorship agreements must be approved in writing by the Town prior to
execution by WH to assure all PRCA policies for sponsorships are followed and to
verify the Town is not being committed to exclusive or long-term agreements or
agreements not appropriate for the Town. WH shall promptly send a copy of all such
executed agreements to the Director.
1.15 The Town shall supply all event tickets needed for sponsorships at no charge to WH.
Any such sponsorship tickets must be approved by the Town in writing. WH shall
supply all other items and benefits included in sponsorship packages at no cost to the
Town.
SECTION 2. DUTIES AND RESPONSIBLITIES OF WH
2.01 WH seeks to further its mission and the mission of the Town by providing funds for
capital improvements, including maintenance of such improvements as appropriate,
and other appropriate needs of the Facility. For projects it funds, WH shall participate
in front-end planning which may include determining the objective, defining the
project and identifying funding sources.
2.02 WH shall participate with the Events and Visitor Services staff in strategic planning
for the Facility.
2.03 WH shall be financially responsible for sponsoring and producing the following
events associated with the Rodeo:
a.Specialty Nights at Rodeo;
Page 32
b. Mutton Bustin’;
c.Hospitality Tent (including equipment);
d. Behind the Chutes Tours; and
e. Calf Catch.
WH shall obtain all required permits and licenses arising from its responsibilities,
including but not limited to Special Events Permits and a Special Events Liquor
License for the sale of alcohol. All volunteers at these events associated with the
Rodeo must be under the direction, supervision, and control of the Town and its
employees.
2.04 All events conducted by WH at the Facility must be approved by the Town.
2.05 WH shall provide the following financial support for the Rodeo:
a.Full contracting responsibilities and payment to rodeo announcer Andy Seiler.
b. Behind the Chutes Tours; responsible for all related expenses.
c.Rental of the scoreboard.
d. Assistance with funding of equipment related to Rodeo (both anticipated and
unanticipated costs).
e.Development and production of rack cards and posters.
f.Radios, safety vests, and other equipment that may be needed by WH
volunteer security team. The role of the team is to primarily staff the various
gate entries into the east side of the Facility. WH will engage security to
ensure that only PRCA card holders are allowed through back gate (off
Community Drive), and that no members of the general public or ticket
holders are allowed entry through the east Midway gate.
2.06 WH shall be responsible for providing the following documents to the Town
when requested:
a.Exempt equipment list;
b.A list of all events; and
c.Sponsorship agreements with all sponsors.
2.07 WH shall be responsible for and fund the Royalty Program:
a. WH shall create and maintain a Royalty Handbook which covers all duties,
responsibilities, policies and procedures of the Royalty Program.
b. Town will provide the use of Facility for Royalty functions including the
annual Royalty Clinic and Tryouts.
2.08 WH shall be entitled to collect all of the following Rodeo-generated revenues:
a. Merchandise sales;
b. Sponsorships;
c.Behind the Chute Tours; and
d.Alcohol beverage sales.
Page 33
2.09 WH shall be responsible to seek lodging for the following individuals during rodeo
week as necessary: stock contractor staff, announcer, scoreboard operator, stock
contractor, veterinarian, PRCA judges, PRCA photographer, and other contract
personnel as required. WH will endeavor to fund this lodging through sponsorships.
In the event that WH cannot secure funding for the lodging, the Town will pay for
the lodging.
2.10 WH shall assist in preparing the Facility for the Rodeo as requested and directed by
the Town or its representative. This includes, but is not limited to, arena preparation
(except for the actual ground/arena material), and setup and tear-down of the chutes,
fence, pens, hospitality area, arena signs and scoreboard.
2.11 WH shall be responsible for its website and all material thereon, including any other
form of electronic or social media, advertising, or other written material produced on
behalf of or by WH. Due to the fact that WH is primarily associated with the Town
and uses Town facilities, WH agrees that the Town shall be entitled to request removal
of any inappropriate or misrepresentative content from its website, social media, or
any other printed material involving the Town, the Rodeo, or any other Town
sponsored and supervised events. WH shall remove all such material upon request by
the Town. The Town hereby disclaims any responsibility for or ownership of the WH
website, social media content, or other material produced by or on behalf of WH.
2.12 WH shall be responsible for providing copies of the Town’s adopted Volunteer
Manual to all of its volunteers and reviewing the Volunteer Manual with all of its
volunteers at least once each year. WH agrees that its volunteers shall follow the
requirements and obligations of the Town’s adopted Volunteer Manual when
volunteering for all Town sponsored and supervised events as listed in this
Agreement.
2.13 WH will not engage in any activity that competes with the Estes Park Rodeo.
SECTION 3. TERM OF AGREEMENT
3.01 This Agreement shall commence on its effective date, and will be reviewed on an
annual basis by both parties. This Agreement shall continue in effect for each ensuing
year unless terminated by either of the parties in accordance with Section 4 below.
SECTION 4. TERMINATION
4.01 Either party may terminate this Agreement by providing written notice to the other
party on or before February 1 of any year with the termination to be effective on such
February 1.
SECTION 5. INVALID PROVISION
5.01 Should any part of this Agreement be declared invalid by a court of law, such
Page 34
decision shall not affect the validity of any remaining portion which shall remain in
full force and effect as if the invalid portion was never a part of this Agreement when
it was executed. Should the severance of any part of this Agreement materially affect
any other rights or obligations of the parties hereunder, the parties hereto will
negotiate in good faith to amend this Agreement in a manner satisfactory to the
parties. Failing agreement on such amendment, either party may by notice in writing
terminate this Agreement under the provisions of this Agreement relating to
termination.
SECTION 6. INSURANCE AND LIABILITY
6.01 (a) The Town shall provide its Volunteer Accident Medical Plan coverage to WH
members when they are volunteers of the Town at the Rodeo, and are actually under
the immediate and direct care, custody, control, supervision, and direction of Town
employees. To be included in this coverage, volunteers must also, prior to the
beginning of the individual’s volunteer activity, be included on a roster of volunteers
that WH provides to the Town and must have provided the Town a complete
registration form, including any liability waiver or release required by the Town, in
the form and manner required by the Town. This coverage shall not extend beyond
the days the Rodeo itself is underway as well as the two days immediately preceding
the Rodeo, when volunteers are needed for preparation. WH must not allow any
individual to volunteer at the Rodeo who does not meet these qualifications for the
Town’s Volunteer Accident Medical Plan coverage.
(b) WH understands and agrees that all other events are WH events. These include,
but are not limited to, PBR and the Barrel Racing Series. WH shall provide its own
medical insurance to its officers, contractors, employees, and volunteers for such
other events. WH’s volunteers are not volunteers of the Town for these events.
(c) Except as covered by the Town-provided medical plan as described above, WH
shall indemnify and save harmless the Town, and its agents and employees, from any
damages or claims by WH’s officers, contractors, employees, and volunteers
(including any individuals it allows to volunteer at the Rodeo), arising out of or
relating to WH’s activities under this Agreement, and is solely responsible for all
such liability. For all WH events using Town facilities, WH agrees to insure said
events to the satisfaction of the Town and to provide Certificates of Insurance to the
Town prior to the events pursuant to Town policies. WH shall also provide proof of
Directors and Officers liability coverage promptly upon request.
SECTION 7. INDEMNIFICATION
7.01 WH agrees to indemnify and hold harmless the Town from any claims, loss, damage
and/or injury caused or allegedly caused by the negligent act or omission of WH its
volunteers, employees, members, officers, contractors, or agents. Said indemnification
shall include all reasonable attorney’s fees and costs incurred by the Town resulting
Page 35
from said claim, loss or damage.
SECTION 8. COLORADO GOVERNMENTAL IMMUNITY ACT
8.01 The parties hereto understand and agree that the Town and its officers, employees,
volunteers, and agents are relying on, and do not waive or intend to waive by any
provision of this Agreement, the monetary limitations or any other rights, immunities,
and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-
10-101 et seq., as from time-to-time amended, or otherwise available by any other
provision of law.
SECTION 9. GENERAL PROVISIONS
9.01 Assignment. Neither party to the Agreement shall, directly or indirectly, assign or
purport to assign this Agreement or any of its rights or obligations in whole or in part
to any third party without the prior written consent of the other party.
9.02 No Waiver. The failure of either party to enforce at any time any of the provisions or
rights, or to exercise any elections provided, shall in no way be considered to be a
waiver of such provisions, rights or elections or in any way affect the validity of the
Agreement. The failure to exercise by either party any of its rights herein or any of its
elections under the terms or conditions herein contained shall not preclude or
prejudice it from exercising the same or any other right it may have under this
Agreement, irrespective of any previous action or proceeding taken by it hereunder.
9.03 Complete Agreement. This Agreement is the complete Agreement of the parties; may
be amended or modified only in writing; and supersedes, cancels and terminates any
and all prior agreements or understandings of the parties, whether written or oral,
concerning the subject matter hereof.
9.04 Choice of Law. This Agreement shall be governed by and construed and interpreted
according to the laws of the State of Colorado. It shall be binding upon and inure to
the benefit of the successors of the Town and WH.
9.05 Counterparts. This agreement may be executed and delivered (including by facsimile
or email transmission) in one or more counterparts, all of which shall be considered
one and the same agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other parties,
it being understood that all parties need not sign the same counterpart.
9.06 Effective Date. This agreement is effective upon all parties hereto executing the same.
9.07 Notice. When any of the parties desire to give notice to the other, such notice must be
in writing sent by US Mail, postage prepaid, addressed to the party for whom it is
intended at the place last specified; the place for giving notice shall remain such until
Page 36
it is changed by written notice in compliance with the provisions of the paragraph. For
the present, the parties designate the following as the respective places for giving
notices:
To WH: ESTES PARK WESTERN HERITAGE, INC.
P.O. Box 1852
Estes Park, Colorado 80517
To Town: TOWN OF ESTES PARK
P.O. Box 1200
Estes Park, Colorado 80517
Attn: Town Administrator
SECTION 10. AUTHORITY
10.01 Each person signing this Agreement on behalf of either party individually warrants
that they have full legal power to execute this agreement on behalf of the party for
whom they are signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement
this day of , 2022.
Signature page to follow.
Page 37
ESTES PARK WESTERN HERITAGE, INC.
By
Mark Purdy
Chairman of the Board
Date:
TOWN OF ESTES PARK
By:
Wendy Koenig
Mayor
Date:
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 38
Attachment
Items WH owns that would not be available to Town are items that are used for the rodeo
hospitality tent. These items consist of item used to store, serve and prepare food.
Examples would be coolers, utensils, tables, serving pans, freezer, and other associated
items.
Two boxes of six seats –Box 43 and 45 - will be reserved for VIPs, visiting rodeo committees,
Town management, etc. The Town controls these tickets and may assign these seats without
charge. WH may request assignment to specified individuals.
Page 39
Page 40
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Greg Muhonen, Public Works Director
Date: May 10, 2022
RE: Resolution 37-22 Contract for US 36 and Community Drive Roundabout
with Cornerstone Engineering and Surveying, $167,984 - Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff is requesting the Town Board approve this contract with Cornerstone
Engineering and Surveying, Inc. (“Cornerstone”) for continued work on the US 36 and
Community Drive Roundabout project.
Present Situation:
This project has been on hold due to a shortfall in construction funding. Additional
funding has been promised from CDOT. Cornerstone has nearly completed the design
and engineering for the roundabout and staff would like to retain Cornerstone to
complete the bid documents and provide construction observation & reporting services.
The prior contract with Cornerstone expired December 31, 2021, and Attorney Kramer
advised staff to produce a new contact for the continued work on this project. This new
contract was approved by the Town Board in February 2022. The consultant declined
to accept the new contract terms, and the attached revised contract was negotiated.
Proposal:
Staff proposes approval of this professional services contract with Cornerstone for the
roundabout project. This new contract reflects an increase in cost of future construction
observation and reporting services previously estimated in 2018.
Advantages:
•Approving this contract will ensure continuity and expedient progress toward bidding
and building this project which is now fully funded.
Page 41
•Continuing work with Cornerstone provides project efficiency because of their past
work, knowledge, and experience on this project.
Disadvantages:
•Allowing this contract to expire reopened negotiations on contract terms and costs;
however, retaining the original design team yields the benefits described above.
•Construction work brings temporary disruption to roadway users; however, the
proposed improvements will improve the safety and convenience for thousands of
motorists who use this intersection each day.
Action Recommended:
Staff recommends approving Resolution 37-22.
Finance/Resource Impact:
Budget account number: 204-5400-544.35-51
Fund name: Streets, COMMDR
Project name: US Highway 36 and Community Drive Roundabout
Contract amount: $30,409 for design completion and $137,575 for construction
management
2021 Amended Project Budget will be carried over to 2022
Future impacts.
•A maintenance agreement may be needed with CDOT. The Town’s maintenance
responsibility includes: landscaping and irrigating the central island and area
surrounding the roundabout; railing over the underpass; underpass structural
elements, and all infrastructure elements on Community Drive.
Level of Public Interest
Interest in this contract is low. Interest in the project is moderate for the school, Events
Complex, and fairground users.
Sample Motion:
I move to approve/deny Resolution 37-22.
Attachments:
1.Resolution 37-22
2.Contract
3.Statement of Work
4.Prior Contract executed February 28, 2018, includes Change Orders 1-4
Page 42
RESOLUTION 37-22
APPROVING A PROFESSIONAL SERVICES CONTRACT
WITH CORNERSTONE ENGINEERING AND SURVEYING, INC.
FOR THE US 36 AND COMMUNITY DRIVE ROUNDABOUT
WHEREAS, the Town of Estes Park entered into a Contract with Cornerstone
Engineering and Surveying, Inc. on February 28, 2018 for design, engineering and
construction management services for the US 36 and Community Drive Roundabout
project; and
WHEREAS, project implementation has been delayed due to lack of funding,
leading to that Contract expiring on December 31, 2021; and
WHEREAS, the Town Board desires to enter into a new Contract with
Cornerstone Engineering and Surveying, Inc. to retain their services in order to continue
the work for the project in the event that funding is obtained.
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 professional services
contract referenced in the title of this resolution in substantially the form now before the
Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 43
_______,g,____� -
TOWN OF ESTES P.AR.K_
PROFESSIONAL SERVICES CONTRACT
Design, Engineering and Construction Phase Observation and Reporting for
US 36 and Community Drive Roundabout
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Cornerstone Engineering and Surveying, Inc. (Consultant), a Colorado Corporation, whose
address is 1692 Big Thompson A venue, Suite 200, Estes Park, Colorado 80517, make this
Contract this _____ day of _________ , 2022, at the Town of Estes Park,
Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Whereas, Town has previously contracted with Consultant on February 28, 2018
("Prior Contract") following a competitive bidding process to provide services
outlined in its Proposal for a traffic calming project at the intersection of Community
Drive and US 36; and
1.2 Whereas, the Town and Consultant extended that Prior Contract until December 31,
2021 through change orders, due to project delays attributed to lack of funding; and
1.3 Whereas, the scope of this project has expanded through change orders to include
additional design, engineering and construction phase observation and reporting
services for the construction of a roundabout at the US 36/ Community Drive
intersection; and
1.4 Whereas, Town desires to use the Services of Consultant outlined in the Explanation
of Statement of Work, Consultant's Proposal, the Prior Contract and subsequent
change orders; and
1.5 Consultant has agreed to provide these Services, on the terms and conditions stated in
this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 This Contract;
Attachment 2
Page 44
2.2 Notice to Proceed;
2.3 Explanation of Statement of Work, containing 1 page, dated May 2, 2022;
2.4 Change Orders 1 - 4 from the Prior Contract;
2.5 Professional Services Contract with Cornerstone Engineering and Surveying, Inc.,
dated February 28, 2018 (Prior Contract);
2.6 The following Addenda, if any:
Number Date Page(s)
2. 7 The following Special Conditions of the Contract, if any:
Document Title Page(s)
2.8 Request for Proposals, containing 23 pages, dated January 15, 2018;
2.9 Consultant's Proposal, containing 50 pages, dated February 1, 2018; and
2.10 Insurance Certificates.
3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin
services under this Contract after May 15, 2022 and receiving Town's notice to proceed.
Consultant shall timely perform its Services, as directed by the Town.
5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed
$30,409.00, as the Price for the completion of the Design Documents and Construction
Bidding Services performed as stipulated in the Contract Documents. Construction Phase
Observation and Reporting is $137,575.00 per the attached cost breakdown. This Contract
does not create a multiple fiscal year direct or indirect debt or other financial obligation.
Each request for service shall incur a concurrent debt for that request only. All financial
obligations of the Town under this Contract are contingent upon appropriation, budgeting,
and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
Town of Estes Park Professional Services Contract --Page 2 of 14 Page 45
reasons for withholding, that sufficiently specifies and explains issues to allow the
Consultant to fully understand the reasons the Town is withholding payment.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant's special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town's requirements and procedures, according to high professional
standards, all to the extent consistent with the applicable professional standard of
care. No warranty or guarantee is included or intended in this Agreement or
instruments of its services.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant's Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of knowledge and skill engaged in the
Consultant's same profession under the same or similar circumstances, to the extent
consistent with the applicable professional standard of care.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract to the extent consistent with the applicable professional
standard of care. Town approval of defective drawings or other work shall not
Town of Estes Park Professional Services Contract --Page 3 of 14 Page 46
diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 Consultant will call to Town's attention anything in any drawings, plans, sketches,
instructions, information, requirements, procedures, or other data supplied to
Consultant (by the Town or any other party) that Consultant knows, or reasonably
should know, is unsuitable, improper, or inaccurate for Consultant's purposes. The
Consultant is, however, entitled to rely on the accuracy of information supplied to
Consultant by or through the Town.
8.6 Consultant shall attend such meetings on the work as the Town requests. Town will
give reasonable notice of any such meetings, so Consultant may attend.
8. 7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests. The Consultant is entitled to rely on the accuracy of the
pertinent information supplied by or through the Town to the Consultant.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant's Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
Town of Estes Park Professional Services Contract --Page 4 of 14 Page 47
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant's performance under this Agreement, future use and interpretation
of Consultant's work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town for a period of three (3) years.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials as identified to the Services of Consultant or Consultant's subconsultants
under this Contract are property of Town, for its exclusive use and re-use at any time
without further compensation and without any restrictions contingent upon full payment by
Town to Consultant for services performed by Consultant. Consultant shall treat all such
material and information as confidential, and Consultant shall neither use any such material
or information or copies on other work nor disclose such material or information to any
other party without Town's prior written approval. Upon completion of Services, or at such
other time as the Town requires within a period of three (3) years after the expiration of this
Contract, Consultant shall deliver to the Town a complete, reproducible set of all such
materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to
Town and waives all rights, title and interest to all such materials in written, electronic or
other form, prepared under this Contract, following full payment to the Consultant for
services performed. Town shall have worldwide reprint and reproduction rights in all forms
and in all media, free of any claims by the Consultant or its subconsultants and
subcontractors. The Town's rights, granted above, in drawing details, designs and
specifications that are Consultant's standard documents for similar projects, and in
Consultant's databases, computer software and other intellectual property developed, used or
modified in performing Services under this Contract are not exclusive, but joint rights, freely
exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order. Town shall issue no Change Order or other form of order or directive
requiring additional compensable work that will cause the Price to exceed the amount
approved.
Town of Estes Park Professional Services Contract --Page 5 of 14 Page 48
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives ( or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Greg Muhonen
Public Works Director
PO Box 1200
Estes Park CO 80517
CONSULTANT:
Mike Todd, Owner
Cornerstone Engineering & Surveying, Inc.
1692 Big Thompson A venue, Suite 200
Estes Park CO 8051 7
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk's Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17 .1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $2,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
Town of Estes Park Professional Services Contract --Page 6 of 14 Page 49
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers' compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages ( except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor A venue
PO Box 1200
Estes Park, CO 80517
Attention: Public Works Department
With the exception of professional liability and workers' compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder's
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
Town of Estes Park Professional Services Contract --Page 7 of 14 Page 50
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17 .10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17 .11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act,§ 24-10-101 et�-, C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17 .12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 24 months.
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
17.14 Consultant's liability under this Agreement shall be limited to the available insurance
required under this Agreement, and both Town and Consultant expressly waive any
right to bring claims against individuals working for the Town or Consultant; all
claims under this Agreement shall only be brought against the Town's or Consultant's
respective government or corporate entities.
18 INDEMNIFICATION:
18.1 Subject to the extent, limit and coverage of Consultant's applicable insurance
specified in this Agreement, Consultant and its agents, principals, officers, partners,
employees, and subcontractors ("Indemnitors") shall and do agree to indemnify,
protect, and hold harmless the Town, its officers, employees, and agents
("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits,
judgments, and expenses (including attorneys' fees), to the extent caused, by any
error, omission or negligent act of the Consultant, anyone directly or indirectly
employed by it, or anyone for whose acts Consultant may be liable; or attributable to
bodily injury, personal injury, sickness, disease, or death of any person, or to the
injury or destruction of any tangible property to the extent caused by the error,
omission or negligent act of the Consultant or anyone directly or indirectly employed
by it, or anyone for whose acts Consultant may be liable. Consultant owes no
indemnity obligation to Town for the Town's own errors, omissions, or negligent acts
Town of Estes Park Professional Services Contract --Page 8 of 14 Page 51
or for the errors, omissions, or negligent acts of any third parties for which Consultant
has no legal responsibility.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, then to the extent consistent with Colorado law, each such
Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification
and the Indemnitors may settle ultimate responsibility among themselves for the loss
and expense of any such indemnification by separate proceedings and without
jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other
right to indemnification or other remedy the Town, or any of the Indemnitees may
have by law.
18.3 As part of this indemnity obligation and to the extent consistent with the preceding
clauses in this Indemnification Section 18, the Consultant shall compensate the Town
for any time the Town Attorney's Office and other counsel to the Town reasonably
spend on such claims or actions at the rates generally prevailing among private
practitioners in the Town of Estes Park for similar services. This obligation to
indemnify the Town shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant's officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and may be of assistance in interpreting this Contract but shall not by themselves be
determinative.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN'S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants' and subcontractors' employees) from the Town's work sites. Such a bar shall
Town of Estes Park Professional Services Contract --Page 9 of 14 Page 52
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town's work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 W AIYER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on a date specified in a forthcoming Notice to
Proceed, and shall continue through December 31, 2022.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town in good faith shall
determine the portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer's materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination, following full payment by Town to Consultant for work
performed by Consultant up to termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultants clearly identified and accepted in the Contract
Documents, Consultant may employ subconsultants to perform the Services only with
Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
Town of Estes Park Professional Services Contract --Page 10 of 14 Page 53
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 DISPUTE RESOLUTION: In the event of any claims, disputes, and other matters in
controversy between the Town and Consultant arising out of or in connection with the
contract or the services or work contemplated herein; the parties agree to first make a good
faith effort to resolve the dispute informally. Negotiations shall take place between the
designated representatives listed in Section 13. If the parties are unable to resolve the
dispute through negotiation within 45 days, then either party may give written notice within
10 days thereafter that it elects to proceed with non-binding mediation pursuant to the
commercial mediation rules of the American Arbitration Association or as otherwise agreed
by the parties. In the event that mediation is not invoked by the parties or that the mediation
is unsuccessful in resolving the dispute, then either party may submit the controversy to a
court of competent jurisdiction. The foregoing is a condition precedent to the filing of any
action other than an action for injunctive relief or if a Statute of Limitations may expire.
Each party shall be responsible for its own costs and expenses including attorneys' fees and
court costs incurred in the course of any mediation. The fees of the mediator and any filing
fees shall be shared equally by the parties.
33 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
34 EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor shall not
knowingly employ or contract with a worker without authorization to perform work under
this Contract. Contractor shall not knowingly contract with a subcontractor that (a)
knowingly employs or contracts with a worker without authorization to perform work under
this Contract or (b) fails to certify to the Contractor that the subcontractor will not
knowingly employ or contract with a worker without authorization to perform work under
this Contract.
35 VERIFICATION REGARDING WORKERS WITHOUT AUTHORIZATION: Contractor
has confirmed the employment eligibility of all employees newly hired for employment to
perform work under this Contract through participation in either the E-verify program
administered jointly by the United States Department of Homeland Security and the Social
Security Administration or the employment verification program of the Colorado
Department of Labor & Employment.
36 LIMITATION REGARDING E-VERIFY PROGRAM: Contractor shall not use either E
verify or Colorado Department of Labor & Employment program procedures to undertake
Town a/Estes Park Professional Services Contract --Page 11 of 14 Page 54
pre-employment screening of job applicants while performing this Contract.
37 DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Contractor obtains actual
knowledge that a subcontractor performing work under this Contract knowingly employs or
contracts with a worker without authorization, the Contractor shall, unless the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with a worker without authorization:
(a)notify the subcontractor and the Town within three (3) days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with a worker
without authorization; and
(b)terminate the subcontract with the subcontractor if, within three days of receiving
notice that the Contractor has actual knowledge that the subcontractor is employing or
contracting with a worker without authorization, the subcontractor does not stop
employing or contracting with the worker without authorization.
38 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation pursuant to C.R.S. 8-17.5-102 (5).
39 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor's breach of any provision of this
Contract, Contractor shall be liable for actual damages to the Town.
40.MUTUAL W AIYER OF CONSEQUENTIAL DAMAGES: Town and Consultant
expressly waive any claim for incidental, indirect, or consequential damages of whatever nature
or kind.
(Signature pages follow.)
Town a/Estes Park Professional Services Contract --Page 12 of 14 Page 55
::NSULT;,Zl/"
Cornerstone Engineering & Surveying, Inc.
Title: Principal
State of Colora.do
County of Wtl t'\i'\el'"" ) ss
)
05/03/2022
Date
The foregoing instrument was acknowledged before me by M lG ha.e ( IO dd
as fb k'\G'.1 1}:;i Il
a Colorado corporation, on behalf of the corporation, thisd'rd day of_M�<AjC%,j-------' 2022.
Witness my hand and official Seal.
My Commission expires 0 · fO · 2 O 2 4
SUZANNE S. JURGENS Nctarv Public S·;;;;;0 vf Colorado
. ; ;,;:,;;;:y JD# ioo.:14032383 !: ti,, C:,,rr1missior1 ::�µit.is 0�H 0-2024
Tow11 of Estes Park Professional Services Contract --Page 13 of 14
Page 56
Town of Estes Park Professional Services Contract --Page 13 of 13
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
APPROVED AS TO FORM:
Town Attorney
Page 57
Explanation of Statement of Work
May 2, 2022
Cornerstone Engineering and Surveying, Inc. Contract
For US 36 and Community Drive Roundabout
The services covered under the new professional services contract will include the remaining
work under the original expired contract with change orders between the Town of Estes Park and
Cornerstone Engineering and Surveying, Inc. (“ Original Contract”).
The original contract between the Town of Estes Park and Cornerstone Engineering and
Surveying, Inc. for the US 36 and Community Drive Intersection was executed on February 28,
2018, in the amount of $50,000. The original scope of work was for the engineering design of
two auxiliary turn lanes for left and right turning traffic on US 36 entering Community Drive.
Through a community engagement process and based on engineering professional judgement,
the scope changed to a roundabout intersection design (Change Order 1: Additional Design
Services). Change Order 1 also included Additional Construction Observation and Reporting
Services for the construction phase. Change Order 2 was for a no cost time extension. Change
Order 3 supported an illumination plan and completing environmental impact assessments.
Change Order 4 supported additional environmental evaluations.
Work completed to date includes approximately 95% of the design engineering for the
roundabout with environmental task. The scope of work to be completed for the new contract
includes finalizing the construction documents for bidding, conducting the construction bidding
process, finalizing environmental requirements and performing Construction Phase Observation
and Reporting for the Town of Estes Park.
The full amount of the original contract with change orders was $332,065. A total amount of
$200,706 has been spent to-date, leaving $131,359 to the previous contract budget. $30,409.00
remains for the completion of the Design Documents and Construction Bidding Services to be
performed as stipulated in the Contract Documents.
The construction observation fee that was proposed in Change Order 1, January 2019 was for
$80,950 + $20,000 for material testing ($100,950). Due to increase in the scope and time of the
construction phase, the consultant requesting that the budget be increased to $137,575.00 for the
Construction Observation and Project Closeout (not including any material testing). Proposed fee
is about ~4.8% of the previous estimated construction cost not including an increase for current
inflation.
The Total Remaining Fee:
Finalize Construction Documents and Construction Bidding Services = $ 30,409.00
Construction Phase Observation and Project Closeout = $137,575.00
Total Fee = $167,984.00
Attachment 3
Page 58
PROFESSIONAL SERVICES CONTRACT
This Contract is entered into thi�th day of February 1 2018, by and between the
Town of Estes Park, Colorado ("Town") and Cornerstone Engineering and
Surveying, Inc. ("Consultant").
Whereas, the parties desire to contract with one another to complete the following
project: US 36 & Community Drive Turn Lane.
Now, therefore, in consideration of the mutual covenants and agreements contained
herein, the parties agree as follows:
1.Services.
a.The Consultant shall perform the services set forth in Exhibit A (the Proposal
submitted by the consultant), attached hereto and incorporated herein by
reference ("Services"). The Town reserves the right to remove any of the
Services from Exhibit A upon written notice to Contractor. In the event of any
conflict between this Contract and Exhibit A, the provisions of this Contract
shall prevail.
b.No material change to the Services, including any additional compensation,
shall be effective or paid unless authorized by written amendment to this
Contract executed by the Town. If Consultant proceeds without such written
authorization, then Consultant shall be deemed to have waived any claim for
additional compensation, including a claim based on the theory of unjust
enrichment, quantum merit or implied contract. Except as expressly
provided herein, no agent, employee, or representative of the Town is
authorized to modify any term of this Agreement, either directly or implied by
a course of action.
2.Price. The Town shall pay the Consultant a sum not to exceed $50,000 . The Town
shall make payment within thirty days of receipt and approval of monthly invoices,
which shall identify the specific Services performed for which payment is requested.
3.Term. This Contract shall be effective from March 5, 2018, through
December 31, 2018 . This Contract may be extended or renewed by written agreement
of the parties.
4.Appropriation. To the extent this Contract constitutes a multiple fiscal year debt
or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the
Town's annual budgeting process and Article X, Section 20 of the Colorado Constitution. The
Town shall have no obligation to continue this Contract in any fiscal year in which no such
appropriation is made.
5.Independent Contractor. The parties agree that the Consultant is an independent
Contractor and is not an employee of the Town. The Consultant is not entitled to workers'
compensation benefits from the Town and is obligated to pay federal and state income
tax on any money earned pursuant to this Contract.
Attachment 4
Page 59
6.Insurance Requirements.
a.Policies. The Consultant and its subconsultants, if any, shall procure and
keep in force during the duration of this Contract the following insurance
policies and shall provide the Town with a certificate of insurance evidencing
upon execution of this Contract:
i.Comprehensive general liability insurance insuring the Consultant
and naming the Town as an additional insured with minimum
combined single limits of $1,000,000 each occurrence and
$1,000,000 aggregate. The policy shall be applicable to all premises
and operations. The policy shall include coverage for bodily injury,
broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee
acts), blanket contractual, independent contractors, products, and
completed operations. The policy shall contain a severability of
interests provision.
ii.Comprehensive automobile liability insurance insuring the
Consultant and naming the Town as an additional insured against
any liability for personal injury, bodily injury, or death arising out of
the use of motor vehicles and covering operations on or off the site of
all motor vehicles controlled by the Consultant which are used in
connection with this Contract, whether the motor vehicles are owned,
non-owned, or hired, with a combined single limit of at least
$1,000,000.
iii.Professional liability insurance insuring the Consultant against any
professional liability with a limit of at least $1,000,000 per claim and
annual aggregate. (Note: this policy shall only be required if the
Consultant is an architect, engineer, surveyor, appraiser, physician,
attorney, accountant, or other licensed professional.)
iv.Workers' compensation insurance and all other insurance required
by any applicable law. (Note: if under Colorado law the Consultant is
not required to carry workers' compensation insurance, the
Consultant shall execute a Certificate of Exemption and Waiver,
attached hereto as Exhibit B and incorporated herein by reference.)
b.Requirements. Required insurance policies shall be with companies
qualified to do business in Colorado with a general policyholder's financial
rating acceptable to the Town. Said policies shall not be cancelable or
subject to reduction in coverage limits or other modification except after thirty
days prior written notice to the Town. The Consultant shall identify whether
the type of coverage is "occurrence" or "claims made." If the type of
coverage is "claims made," which at renewal the Consultant changes to
"occurrence," the Consultant shall carry a six-month tail. Comprehensive
Page 60
general and automobile policies shall be for the mutual and joint benefit and
protection of the Consultant and the Town. Such policies shall provide that
the Town, although named as an additional insured, shall nevertheless be
entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of negligence of the Contractor,
its officers, employees, agents, subconsultants, or business invitees. Such
policies shall be written as primary policies not contributing to and not in
excess of coverage the Town may carry.
7.Indemnification. The Consultant agrees to indemnify and hold harmless the Town,
its officers, employees, and agents from and against all liability, claims, and
demands on account of any injury, loss, or damage, including court costs and
attorneys' fees, arising out of or connected with the Services, if such injury, loss, or
damage, or any portion thereof, is caused by, or claimed to be caused by, the
negligent act, omission, or other fault of the Consultant or any subconsultant of the
Consultant, or any officer, employee, or agent of the Consultant or any
subconsultant, or any other person for whom the Consultant is responsible. The
Consultant's indemnification obligation shall not be construed to extend to any
injury, loss, or damage to the extent caused by the act, omission, or other fault of
the Town. This paragraph shall survive the termination or expiration of this Contract.
8.Professional Responsibility.
a.Consultant hereby warrants that it is qualified to perform the Services, holds
all professional licenses required by law to perform the Services, and has all
requisite corporate authority to enter into this Contract.
b.The Services shall be performed by Consultant in accordance with generally
accepted professional practices and the level of competency presently
maintained by other practicing professional firms performing the same or
similar type of work in the Denver metro area. The Services shall be done in
compliance with applicable federal, state, and local laws, ordinances, rules
and regulations.
c.Consultant shall be responsible for the professional quality, technical
accuracy, timely completion, and the coordination of all designs, drawings,
specifications, reports, and other services furnished by Consultant under this
Agreement. Consultant shall, without additional compensation, correct or
resolve any errors or deficiencies in its designs, drawings, specifications,
reports, and other services, which fall below the standard of professional
practice, and reimburse the Town for costs caused by errors and omissions
which fall below the standard of professional practice.
d.Approval by the Town of drawings, designs, specifications, reports, and
incidental work or materials furnished hereunder shall not in any way relieve
Consultant of responsibility for technical adequacy of its services. Neither
the Town's review, approval, or acceptance of, nor payment for, any of the
Page 61
Consultant's services shall be construed to operate as a waiver of any rights
under this Contract or of any cause of action arising out of the performance
of this Contract.
e.Consultant hereby agrees that Consultant, including but not limited to, any
employee, principal, shareholder, or affiliate of Consultant shall not have a
financial relationship with or an ownership interest in any person and/or
entity which entity and/or person shall be the recipient of any contract or
work for the services provided by Consultant pursuant to the terms and
conditions of this Contract. Consultant understands and agrees that the
purpose of this provision is to prevent any information created as a result of
Consultant's services herein being used by any person and/or entity in the
preparation of any bid or performance of any work for the Town.
f.Because the Town has hired Consultant for its professional expertise,
Consultant agrees not to employ subcontractors to perform more than
twenty percent (20 %) of the work required under the Scope of Services.
Upon execution of this Contract, Consultant shall furnish to the Town a list of
proposed subcontractors, and Consultant shall not employ a subcontractor
to whose employment the Town reasonably objects. All contracts between
Consultant and subcontractors shall conform to this Contract including, but
not limited to, Section 10.
9.Governmental Immunity Act. No term or condition of this Contract shall be
construed or interpreted as a waiver, express or implied, of any of the notices,
requirements, immunities, rights, benefits, protections, limitations of liability, and
other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et
seq. and under any other applicable law.
10.Compliance with Applicable Laws.
a.Generally. The Consultant shall comply with all applicable federal, state,
and local laws, including the ordinances, resolutions, rules, and regulations
of the Town. The Consultant shall solely be responsible for payment of all
applicable taxes and for obtaining and keeping in force all applicable permits
and approvals.
b.C.R.S. Article 17.5. Title 8. The Consultant hereby certifies that, as of the
date of this Contract, it does not knowingly employ or contract with an illegal
alien who will perform work under this Contract and that the Consultant will
participate in the e-verify program or Colorado Department of Labor and
Employment ("Department") program as defined in C.R.S. § 8-17.5-101 in
order to confirm the employment eligibility of all employees who are newly
hired for employment to perform work under this Contract. The Consultant
shall not knowingly employ or contract with an illegal alien to perform work
under this Contract or enter into a contract with a subconsultant that fails to
certify to the Consultant that the subconsultant shall not knowingly employ or
Page 62
contract with an illegal alien to perform work under this Contract. The
Consultant certifies that it has confirmed the employment eligibility of all
employees who are newly hired for employment to perform work under this
Contract through participation in either the e-verify program or the
Department program. The Consultant is prohibited from using either the e
verify program or the Department program procedures to undertake pre
employment screening of job applicants while this Contract is being
performed. If the Consultant obtains actual knowledge that a subconsultant
performing work under this Contract knowingly employs or contracts with an
illegal alien, the Consultant shall be required to: (i) notify the subconsultant
and Town within three days that Consultant has actual knowledge that the
subconsultant is employing or contracting with an illegal alien; and (ii)
terminate the subcontract with the subconsultant if within three days of
receiving the notice required pursuant to this subparagraph the
subconsultant does not stop employing or contracting with the illegal alien;
except that Consultant shall not terminate the contract with the
subconsultant if during such three days the subconsultant provides
information to establish that the subconsultant has not knowingly employed
or contracted with an illegal alien. The Consultant shall comply with any
reasonable request by the Department made in the course of an
investigation that it is undertaking pursuant to the authority established in
C.R.S. Article 17.5, Title 8. If the Consultant violates this paragraph, the
Town may terminate this Contract for default in accordance with
"Termination," below. If this Contract is so terminated, the Consultant shall
be liable for actual and consequential damages to the Town. (Note: this
paragraph shall not apply to contracts: (i) for Services involving the delivery
of a specific end product (other than reports that are merely incidental to the
performance of said work); or (ii) for information technology services and/or
products.)
11.Termination.
a.a. Without Cause. Either party may terminate this Contract without cause
upon thirty days prior written notice to the other. The Town shall be liable to
pay the Consultant for Services performed as of the effective date of
termination, but shall not be liable to the Consultant for anticipated profits.
b.For Default. Each and every term and condition hereof shall be deemed to
be a material element of this Contract. In the event either party fails to
perform according to the terms of this Contract, such party may be declared
in default. If the defaulting party does not cure said breach within ten days of
written notice thereof, the non-defaulting party may terminate this Contract
immediately upon written notice of termination to the other. In the event of
termination of this Contract pursuant to this Section, the non-defaulting party
shall be entitled to recover all damages caused by said default. In the event
that Consultant is in default, the Town may withhold payment to the
Consultant for the purposes of setoff until such time as the amount of
damages is determined.
Page 63
12.Notices. Written notices shall be directed as follows and shall be deemed received
when hand-delivered or emailed, or three days after being sent by certified mail,
return receipt requested:
To the Town:
Kelly Stallworth, El
Town of Estes Park
170 MacGregor Avenue
Estes Park, CO 80517
Email: kstallworth@estes.org
13.Special Provisions.
To the Consultant:
Contact: J{kk �JJ I P.£.
Company: Com.U:, L,.c, ff•-if""t, _.J �wr::>I -Z::.-c.
Address : /ttt;_ gj -C-ho.-rS:,-1\ Av� £,c,·k i-«:>
�s� P-�, Co �0517
The Contract work shall be completed according to the schedule delivered in
Section 2.0 Schedule of Activities of the "Request for Proposal Consulting
Services Dry Gulch Roadway Improvements" unless otherwise modified in writing
with a subsequent Amendment to this Contract.
14.Time of the Essence. Time is of the essence in performance of the Services and is
a significant and material term of this Contract.
15.Entire Agreement. This Contract contains the entire agreement of the parties
relating to the subject matter hereof and, except as provided herein, may not be
modified or amended except by written agreement of the parties. In the event a
court of competent jurisdiction holds any provision of this Contract invalid or
unenforceable, such holding shall not invalidate or render unenforceable any other
provision of this Contract.
16.Assignment. The Consultant shall not assign this Contract without the Town's prior
written consent.
17.Governing Law. This Contract shall be governed by the laws of the State of
Colorado, and venue shall be in the County of Larimer, State of Colorado.
18.Instruments of Service. Drawings, models, specifications, research, reports,
studies, data, photographs and other documents, including those in electronic form,
prepared by Consultant and its subconsultants in the performance of obligations
under this Contract are Instruments of Service for use solely with respect to the
project identified in this Contract. Consultant and its subconsultants shall be
deemed the authors and owners of their respective Instruments of Service and shall
retain all common law, statutory and other reserved rights, including copyrights;
except that, upon execution of this Contract, the Consultant grants to the Town a
Page 64
non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the
Consultant's Instruments of Service solely in connection with the above-referenced
project, including the project's further development by the Town and others retained
by the Town for such purposes. The Consultant shall obtain similar licenses from its
subconsultants consistent with this Contract. Consultant shall, during the term of
this Contract provide the Town with copies of all Instruments of Service prepared by
Consultant or its subconsultants contemporaneous with such preparation, and shall
provide them in electronic format or any other format requested by the Town.
19.Attorney's Fees and Costs. In the event it becomes necessary for either party to
bring any action to enforce any provision of this Contract or to recover any damages
from the other party as a result of the breach of this Contract, including, but not
limited to, defective work, and the party that prevails in such litigation, the other
party shall pay the prevailing party its reasonable attorney's fees and costs as
determined by the court.
20.Electronic Signature. This Contract may be executed by electronic signature in
accordance with C.R.S. § 24-71.3-101 et seq.
Page 65
,,
Signed by the parties on the date written above.
ATTEST:
Town of Estes P�ado �
By:��
Title: "To ct> �' o ,-,Ar, ):y:\'I oe
Consultant , j/ ,
By J.f La
Title: Principal Cornerstone Engineering & Surveying, Inc.
STATE OF (\, \ o..aA-J" )
L . ) ss. COUNTYOF .A-J2.,\vn'V2-)
The foregoing instrument was acknowledged before me thisll�ay of f:i):)«.u.AJ2.7a
20 _lZ_ by v'YL l, J\,,tz k::::1:;J 1 (Insert name of individual signing on behalf of the Consultant)
��al signature SEAL
TAMMY A. OEBAISE
NOTARY PUBLIC STATE OF COLORADO
NOTARY ID 20054004278 MY COMMISSION EXPIRES MARCH 10, 2021
Page 66
CONTRACT CHANGE ORDER NO.
4/4/2019 Submitted by Greg Muhonen Contractor Address Cornerstone Engineering & Surveying, Inc 1692 Big Thompson Ave, Suite 200 Project name US 36 & Community Drive Project# _C_O_M _MD_R _____________ _ City State Zip Estes Park, CO 80517
Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed.
1 Reason for change (narrative) A Town has decided to complete the preliminary and final design for a roundabout at the intersection ofUS36 & Community DriveB Extended contract time to complete the addi tional services
2a Description of change (narrative) A Preliminary/final design and constTuction management services as outlined in the fee proposal dated January 28, 2019 and attached hereto.B Additional contract time is added to complete the expanded scope of work in partnership MTJ Engineering .
. ,, __ • .. CONTRACT UNIT CURRENT ORDER 2h NO. TEM NO ITEM DESCRIPTION QTY UNIT COST A
B
Additional Design Services (see attached proposal) Additional field insnection services ( per proposal)Time Extension
COSTS Original contract amount Change in contract costs previous change order/s # Change in contract costs this change orderAdjusted contract amount Percent change to contract costs (informational only)
TIME Original contract time Change in contract time previous change order/s # Change in contract time this change orderAdjusted contract time Original contract expiration date 30% design plans (FIR) completion date 90% design plans (FOR) completion date Final design completion date Final contract expiration date
0 LS $ OLS
APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto.
TOWN OF ESTES PARK
-ITEM COST QTY $ -1I
A
-------
B
CHANGE ORDERAMT $ 159,380.00$ 100,950.00
$ 50,000.00
$ 260,330.00$ 310,330.00%
NA
12/31/2018 7/30/2019 10/30/2019 12/30/2019 6/30/2020
ADJUSTED ITEM COST$ 159,380.00$ 100,950.00 $ 260,330.00
calendar days calendar days calendar days calendar daysdate date datedatedate
� ... i <-Appy Project Manager Date
co7ffzl;
Contractor signature 5-Apr-19 Date
-
(2/13/2019)
,.q-17' Date
Date l;--r--1? Date
L\\a\\.,
Michael Todd, P.E., Principal Contractor title
TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000DIRECTOR $50,000 TOWN ADMINISTRATOR $100,000 Copies to: project file, Finance Dept, Town Clerk
U:\Engineering\PROJECT FILES\Ballot I A Prnjcct•\2018 Project,12018 Brodie Ave\02 FinancialIDrexel, Barrell Co
file name: DB Change Order I (2019) Page 67
January 28, 2019
David Hook
Engineering Manager
Public Work Dept.
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
RE: Community Drive and US 36 Roundabout Design Fees:
Dear Dave:
Cornerstone Engineering & Surveying, Inc. (CES) appreciates the opportunity to submit the updated
design fees for the proposed roundabout at the intersection of Highway US 36 and Community Drive.
The original scope was for the design of a left turn lane for west bound and a right turn lane for east
bound US Highway 36 onto Community Drive. Current task completed for the proposed turn lanes
include:
•Review of traffic study prepared by Delich Associates.
•Develop concept designs for presentation at public meetings
•Develop preliminary construction cost estimates
•Meet with CDOT to discuss CDOT review and permitting
Following the concept development for the turn lane, The Town of Estes Park expressed interest in
evaluating the implementation of a roundabout at the US 36 and Community Drive intersection. The
Town engaged MTJ Roundabout Engineering to evaluate the application of the roundabout.
CES has completed $25,585.00 from the original contract agreement. Of the original scope work
completed CES feels that $13,225.00 is applicable to the roundabout design with the remaining work
having to be recreated.
Preliminary construction estimate for the roundabout with contingency is approximately $2.1 million, not
including the electrical utility relocation.
The proposal design fees including construction bidding are $159,380.00. (~ 7.6% of construction cost)
Please see the attached breakdown of cost.
Page 68
Community Drive, Estes Park, Colorado Page 2 of 2
Proposed Cost Does Not Include:
•NEPA Study
•Permitting with the Bureau of Reclamation
•Fees for MTJ Design work
•Electrical Utility relocate design
The proposal for construction related services was developed based on an onsite construction inspector
5.5 hours a day with a 4 month (80 working day) construction period.
The proposed fees for construction related services are $80,950.00.
Proposed Cost for Construction Related Services does not include Material Testing.
The Material Testing is estimated at approximately $20,000.00.
Please let me know if you have any questions or would like to discuss the proposed cost.
Sincerely,
Cornerstone Engineering & Surveying, Inc.
Michael S. Todd, P.E.
Principal
Page 69
CONTRACT CHANGE ORDER NO. 2
Date 6/29/2020 Contractor Cornerstone Engineering & Surveying, Inc
Submitted by David Hook Address 1692 Big Thompson Ave, Suite 200
Project name US 36 & Community Drive City State Zip Estes Park, CO 80517
Project #COMMDR
Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed.
1 Reason for change (narrative)
A
2a Description of change (narrative)
A The contract expiration date is revised from June 30, 2020 to June 30, 2021
2b NO.ITEM NO.ITEM DESCRIPTION
CURRENT
CONTRACT
QTY UNIT UNIT COST
CURRENT
ITEM COST
CHANGE
ORDER
QTY
CHANGE
ORDER AMT
ADJUSTED
ITEM COST
A Time Extension 0 -$ -$0 -$ -$
COSTS Original contract amount 50,000.00$
Change in contract costs previous change order/s #260,330.00$
Change in contract costs this change order A -$
Adjusted contract amount 310,330.00$
Percent change to contract costs (informational only)%
TIME Original contract time N/A calendar days
Change in contract time previous change order/s #calendar days
Change in contract time this change order calendar days
Adjusted contract time calendar days
Original contract expiration date 12/31/2018 date
30% design plans (FIR) completion date Complete date
90% design plans (FOR) completion date 10/31/2020 date
Final design completion date 12/31/2020 date
Final contract expiration date A 6/30/2021 date
APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto.
TOWN OF ESTES PARK CONTRACTOR
Approved by Project Manager Date Contractor signature Date
Approved by Engineering Manager Date Contractor title
Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS
ENGINEERING MGR $30,000
DIRECTOR $50,000
Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000
Copies to: project file, Finance Dept, Town Clerk
Contract expiration date needed extened. Transition from prelimiary design to final design has been put on hold for a number of reasons during late 2019 and early 2020,
including: resolving ROW and Environmental Clearance issuses that arose during the FIR process, the project budget not being fully funded for construction, other PW
projects with higher priorities, and the coronavirus pandemic.
Page 1
Principal
6/28/2020
Michael Todd, Mich l ToToToToToTodd
6-29-2020
Page 70
CONTRACT CHANGE ORDER NO. 3
Date 10/8/2020 Contractor Cornerstone Engineering & Surveying, Inc
Submitted by Christy Crosser Address 1692 Big Thompson Ave, Suite 200
Project name US 36 & Community Drive Roundabout City State Zip Estes Park, CO 80517
Project #COMMDR
Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed.
1 Reason for change (narrative)
A
B This project requires a wetlands delineation, which was not included in the original contract for design.
2a Description of change (narrative)
A This change order add funds to support the illumination plan as subcontract work to Cornerstone Engineering.
B This change order add funds to support wetland delineation as subcontract work to Cornerstone Engineering.
2b NO.ITEM NO.ITEM DESCRIPTION
CURRENT
CONTRACT
QTY UNIT UNIT COST
CURRENT
ITEM COST
CHANGE
ORDER
QTY
CHANGE
ORDER AMT
ADJUSTED
ITEM COST
A Subcontract illumination plan 1 LS 9,000.00$ -$ 1 9,000.00$ 9,000.00$
B Subcontract wetland delineation 1 LS 800.00$ -$ 1 800.00$ 800.00$
COSTS Original contract amount 50,000.00$
Change in contract costs previous change order/s #260,330.00$
Change in contract costs this change order A 9,800.00$
Adjusted contract amount 320,130.00$
Percent change to contract costs (informational only)%
TIME Original contract time N/A calendar days
Change in contract time previous change order/s #calendar days
Change in contract time this change order calendar days
Adjusted contract time calendar days
Original contract expiration date 12/31/2018 date
30% design plans (FIR) completion date Complete date
90% design plans (FOR) completion date 10/31/2020 date
Final design completion date 12/31/2020 date
Final contract expiration date A 6/30/2021 date
APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto.
TOWN OF ESTES PARK CONTRACTOR
Approved by Project Manager Date Contractor signature Date
Approved by Engineering Manager Date Contractor title
Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS
ENGINEERING MGR $30,000
DIRECTOR $50,000
Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000
Copies to: project file, Finance Dept, Town Clerk
This project requires an illumination plan, which was not included in the original contract for design.
Page 1
Principal
10/8/2020
r signature
TRACTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTOCTORRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR
NA
NA
NA
10/12/2020
Page 71
CONTRACT CHANGE ORDER NO. 4
Date 6/15/2021 Contractor Cornerstone Engineering & Surveying, Inc
Submitted by Christy Crosser Address 1692 Big Thompson Ave, Suite 200
Project name US 36 & Community Drive Roundabout City State Zip Estes Park, CO 80517
Project #COMMDR
Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed.
1 Reason for change (narrative)
A
B
2a Description of change (narrative)
A This change extends the contract expiration date.
B This change order add funds to support work in the area of Environmental and Historic Preservation to complete final design.
2b NO.ITEM NO.ITEM DESCRIPTION
CURRENT
CONTRACT
QTY UNIT UNIT COST
CURRENT
ITEM COST
CHANGE
ORDER
QTY
CHANGE
ORDER AMT
ADJUSTED
ITEM COST
A Extend contract expiration date 1 LS -$ -$ -$ -$
B-1 4(f) and 6(f) requirements LS 1 7,735.00$ 7,645.00$
B-2 Stanley Park Use Agreement research LS 1 3,240.00$ 3,240.00$
B-3 SHPO Submittal documentation & research LS 1 960.00$ 960.00$
COSTS Original contract amount 50,000.00$
Change in contract costs previous change order/s #270,130.00$
Change in contract costs this change order 11,935.00$
Adjusted contract amount 332,065.00$
Percent change to contract costs (informational only)%
TIME Original contract time N/A calendar days
Change in contract time previous change order/s #calendar days
Change in contract time this change order calendar days
Adjusted contract time calendar days
Original contract expiration date 12/31/2018 date
30% design plans (FIR) completion date Complete date
90% design plans (FOR) completion date 10/31/2020 date
Final design completion date 12/31/2020 date
Final contract expiration date 12/31/2021 date
APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto.
TOWN OF ESTES PARK CONTRACTOR
Approved by Project Manager Date Contractor signature Date
Approved by Engineering Manager Date Contractor title
Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS
ENGINEERING MGR $30,000
DIRECTOR $50,000
Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000
Copies to: project file, Finance Dept, Town Clerk
Contract expiration date needed extended as construction funding consideration are pending.
Additional scope required for final design including 4(f) and 6(f) compliance; Stanley Park Use Agreement research; and SHPO Submittal documentation and research.
Page 1
6/17/21
Michael Todd, Principal
6-18-21
Page 72
Hourly Rate $120 $95 $95 $90 $150 $85 $65
Item No. Description Pr
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A Data Acquisition
A1 Data Acquisition Project Research $0 $5,090 $5,090
A2 Field Survey & Base Map Development $0 $8,505 $8,505
A3 Geotechnical Investigation & Report $0 $8,761 $8,761
A4 Meeting w/ Town & Stakeholders $0 $2,920 $2,920
A5 Meeting / CDOT $0 $2,250 $2,250
4(f) & 6(f) Compliance $0 $4,415 $4,415 $4,415.00
Stanley Park Use Agreement Research $0 $3,240 $3,240 $3,240.00
SHPO Submital Documentation, Research $0 $960 $960 $960.00
SUBTOTAL 0 0 0 0 0 0 0 0 $0 $36,141 $36,141 $8,615.00
C Engineering Design 90% Complete
C1 Design and Plans Preparation 5 30 $3,450 19,775$ $23,225
C2 Retaining Wall Design 2 10 5 $1,615 2,005$ $3,620
C3 Box Culvert Extention Design $0
C4 Submit Plans for Utility Company Review & Comment $0 285$ $285
C5 Construction Documents & Technical Specs 2 2 4 4 $1,030 4,720$ $5,750
C6 Project Cost Estimates & Tabulation Quantities 2 2 $430 3,230$ $3,660
C7 Right-of-way/ Property Boundaries $0 2,020$ $2,020
C8 Project Permitting (CSRTS)$0 2,745$ $2,745
C9 Design Review Meeting 15 15 $3,225 4,300$ $7,525
C10
Plan Modification Per Design Review & Meeting
Documentation $0 6,445$ $6,445
C11 Preparation for Public Meetings $0 $0
C12 Public Meeting $0 $0
4(f) & 6(f) Compliance $0 3,320$ $3,320 $3,230.00
C/O 3 Roundabout Illumination Design $0 2,800$ $2,800 $2,800.00
C/O 3 Wetlands Deliniation $0 800$ $800 $800.00
SUBTOTAL 26 59 0 9 4 $9,750 52,445$ $62,195 $3,600.00 $3,230.00
$3,120 $5,605 $0 $0 $0 $765 $260 $0 $11,845.00TOTAL
2019 CIVIL ENGINEERING DESIGN
US 36 AND COMMUNITY DRIV ROUNDABOUT
CORNERSTONE ENGINEERING & SURVEYING, INC.
Date: 05/27/20214(f) & 6(f) Compliance Additional Work
Page 73
Page 74
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: May 10, 2022
RE: Resolution 38-22 An Intergovernmental Agreement with CDOT for 2022
Elkstang Bustang Service
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Town Board approval of an Intergovernmental Agreement (IGA) with the Colorado
Department of Transportation (CDOT) for 2022 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. 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.
While plans for 2020 service were put on hold by the COVID-19 pandemic, service resumed
in 2021 and expanded to include a stop in the Town of Lyons. In 2021, Bustang provided
weekend-only service from July 3 through October 3. Total ridership for the 2021 summer
was 1,222.
Proposal:
Public Works recommends that the Town Board approve the IGA with CDOT for 2022
Elkstang Bustang service and accept the Local Agency Commitments detailed on Pgs. 3-4
of the attached IGA. Highlights from the Local Agency Commitments are included here:
1 Source: RideBustang.com
Page 75
•Provide permission and a dedicated location for Elkstang Bustang to drop off and
pick up its passengers at the Estes Park Visitors Center;
•Provide for daily Elkstang Bustang bus storage on service dates.
•Market the 2022 Elkstang Bustang commuter services for destination ridership and
for reverse ridership;
•Create a link to CDOT's Elkstang Bustang 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 through October 2, 2022.
Elkstang Bustang will operate on Saturdays, Sundays and national holidays (including July
4 and Labor Day, observed on September 5) beginning on Saturday, May 28, 2022 and
concluding service on Sunday, October 2, 2022. 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 with a stop at the Town of Lyons Park &
Ride. 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:
Approval of Resolution 38-22.
Finance/Resource Impact:
There is no identified impact to the Town budget. CDOT intends to pay for Elkstang
Bustang services with fare-box revenue (ticket sales) and state funds through SB 09-108
(FASTER).
Level of Public Interest
The level of public interest is low to moderate.
Sample Motion:
I move for the approval/denial of Resolution 38-22.
Attachments:
1.Resolution 38-22
2.IGA with CDOT for 2022 Elkstang Bustang Service
Page 76
RESOLUTION 38-22
APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR 2022
ELKSTANG BUSTANG SERVICE
WHEREAS, the Town desires to support CDOT’s state goals to improve safety,
mobility, access, and rural connectivity to transit services; and
WHEREAS, CDOT will provide funding for all aspects of 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,
each with a stop at the Town of Lyons Park & Ride; and
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
2022 Elkstang Bustang service.
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 , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 77
Routing #: 22-HAA-XC-00076
OLA #: 311002766
Page 1 of 13
(Operations)
HQ DIVISION OF TRANSIT AND RAIL
ELKSTANG BUSTANG SERVICE
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made this day of
2022, 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 (the “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 Section 1 & 2;
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; and
7.The State and Local Agency have the resources to perform the Elkstang services as
described in this Intergovernmental Agreement.
Attachment 2
Page 78
Routing #: 22-HAA-XC-00076
OLA #: 311002766
Page 2 of 13
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
CDOT will operate Elkstang commuter services on Saturdays and Sundays from
May 28, 2022, through October 2, 2022, and the following holidays: Memorial Day,
observed May 30, 2022; Independence Day July 4, 2022; and Labor Day, observed
September 5, 2022. During 2022, the days of operation will be: May 28, 29, 30;
June 4, 5, 11, 12, 18, 19, 25, 26; July 2, 3, 4, 9, 10, 16, 17, 23, 24, 30, 31; August
6, 7, 13, 14, 20, 21, 27, 28; September 3, 4, 5, 10, 11, 17, 18, 24, 25; and October 1,
2. Totaling to forty-one (41) days of commuter transit service in 2022. CDOT
reserves the right to add or reduce service days as business and public health require.
CDOT will operate, through contractor Ace Express Coaches, LLC (“Ace”),
Elkstang commuter services for two round trips each day of operation, both
originating from the Denver Union Station in downtown Denver, CO, making stops
in Westminster, Boulder, and Lyons, traveling to stops in the Town and the National
Park, returning along the same route, and ending at Denver Union Station.
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 41 days of Elkstang
commuter services in 2022 is $147,600. The maximum fare-box revenue estimated to
be collected for Elkstang commuter services in 2022 is $29,520.00. CDOT will be
responsible for selling tickets and collecting fares for riders on the Elkstang 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, the Town of
Estes Park, and the National Park for residents, tourists, and
employees;
b. Connect Elkstang to the Estes Park Free Shuttle transit route in the Town of
Estes Park and to the National Park’s Bear Lake & Moraine Park trail shuttles
originating from the National Park’s Park & Ride facility;
c.Connect Elkstang to the Regional Transportation District’s (“RTD”)
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, US36, SH7 and local roads;
f.Decrease passenger vehicle emissions;
g.Decrease number of vehicles needing to park within the Town and the National
Park;
h. Provide for increased visitation to the Town and the National Park; and
i.Provide for economic development.
Page 79
Routing #: 22-HAA-XC-00076
OLA #: 311002766
Page 3 of 13
Section 2. CDOT Commitments
CDOT, at its own expense, will 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. CDOT will provide a driver through a contract with Ace.
CDOT will operate, through contractor Ace, Elkstang commuter services for two
round trips each day of operation, both 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 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 stop at the
Town of Estes Park Visitor's Center located at 500 Big Thompson Avenue, Estes Park,
CO, and arrive at the National Park’s Park and Ride facility at the intersection of Bear
Lake Road and Glacier Basin before returning along the route.
CDOT will also:
•Provide Elkstang bus and driver operations;
•Create digital ticketing through a Bustang mobile /smart phone application and
through a CDOT Bustang website;
•Implement public communications and marketing strategies on CDOT's
website, LinkedIn, 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 to operate Elkstang transit services. Ace 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
Page 80
Routing #: 22-HAA-XC-00076
OLA #: 311002766
Page 4 of 13
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.
•Market the 2022 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 September 3, 2022,
through October 2, 2022; 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 2022 Elkstang transit program and continuing through
the duration thereof;
Provide Bustang passenger parking at the Estes Park Visitor Center Parking Garage
and post the 2022 Elkstang transit service bus schedule information at the Estes Park
Visitors Center prior to the 2022 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, 2022, 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 Director of the
Page 81
Routing #: 22-HAA-XC-00076
OLA #: 311002766
Page 5 of 13
Division of Transit and Rail, CDOT HQ, 2829 West Howard Place, 4th Floor, Denver,
Colorado 80204, (303) 757-9008, amber.blake@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.
If to State: If to the Local Agency:
Michael Timlin Branch Mgr. Vanessa Solesbee, Parking & Transit 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
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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
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/her 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
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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
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.
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
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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.
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
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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
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.
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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:
TOWN OF ESTES PARK Jared S. Polis, GOVERNOR
By:_________________________
Title:________________________
Date:________________________
LOCAL AGENCY:
(A Local Agency attestation or approval, if required.)
By:_________________________
Title:________________________
Date:________________________
LOCAL AGENCY:
(A Local Agency attestation or approval, if required.)
By:
Title: Town Attorney
Date: April 28, 2022
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MAPS OF PARKING AREAS:
Estes Park Visitors Center, Town of Estes Park, Colorado:
RTD US 36 and Sheridan Boulevard Park and Ride, Westminster, Colorado:
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RTD Denver Union Station, Denver, Colorado:
Elkstang 2021 US 36 and Table Mesa Station:
Green = westbound, Blue = eastbound
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Lyons Park and Ride:
Depicted by white dot at 4th Avenue and Broadway
RMNP – Park & Ride Facility:
Page 90
Town Administrator’s Office Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber
Date: May 10, 2022
RE: Resolution 39-22 - Contract for Housing Needs Assessment and Strategic
Plan with Root Policy Research
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approve contract with Root Policy Research to conduct a Housing Needs Assessment
and prepare a Housing Strategic Plan.
Present Situation:
The last Housing Needs Assessment for the Estes Valley was conducted in 2016 and
the information is now outdated. An updated Housing Needs Assessment will provide
useful information on housing needs and how they have changed since the previous
assessment was completed. A Strategic Plan will help guide the community in its effort
to continue to meet housing needs. This project is in collaboration with the Estes Park
Housing Authority (EPHA) and will be coordinated with the Comprehensive Plan
process.
The Town conducted a competitive request for proposals (RFP) process and received
three proposals. A review team evaluated the proposals based on the criteria presented
in the RFP and determined that Root Policy Research, based out of Denver, was the
best suited to partner with the Town on the project. The other two proposals, which
were also impressive in their own right, were submitted by Ayres & Associates (based
out of Fort Collins) and Urban Partners (based out of Philadelphia).
Proposal:
Town staff proposes that the Town Board award a contract to Root Policy Research
through the attached resolution.
Advantages:
•Awarding the contract to Root Policy Research supports the review committee’s
recommendation to the Board.
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•The proposal submitted by Root Policy Research demonstrates their ability to meet
the needs of the Town with respect to a new Housing Needs Assessment and
Strategic Plan.
•The contract will meet the Department of Local Affairs grant requirement supporting
this project.
Disadvantages:
•None.
Action Recommended:
Staff recommends approval of Resolution 39-22.
Finance/Resource Impact:
Budget account number: 101-1945-419.22-98
Fund name: 22HSN
Project name: Estes Park Housing Needs Assessment and Strategic Plan
Contract amount: $72,990 ($51,000 from DOLA Grant; $21,990 in Town Matching
Funds)
Level of Public Interest
Moderate
Sample Motion:
I move for the approval/denial of Resolution 39-22
Attachments:
1.Resolution
2.Contract
3.Contract Documents (RFP, Addenda, Consultant Proposal)
Page 92
RESOLUTION 39-22
APPROVING A PROFESSIONAL SERVICES CONTRACT
WITH ROOT POLICY RESEARCH FOR A HOUSING NEEDS ASSESSMENT AND
STRATEGIC PLAN
WHEREAS, the need for housing for local employees has been recognized as an
issue for decades; and
WHEREAS, housing needs assessments have been periodically conducted by
the Town and Estes Park Housing Authority since the 1990s with the last iteration
completed in 2016; and
WHEREAS, the data and information yielded from the 2016 housing needs
assessment is now outdated and new, updated information is desired in order to help
local decisionmakers better understand housing needs; and
WHEREAS, in addition to understanding needs, it would be beneficial to have
housing experts assist in the development of a strategic plan to address the identified
needs; and
WHEREAS, a request for proposals (RFP) was issued by the Town in March
2022 to identify a firm to conduct a new housing needs assessment and develop a
strategic plan; and
WHEREAS, of the three proposals received in response to the RFP, an
evaluation committee recommended awarding a contract to Root Policy Research; and
WHEREAS, the Town of Estes Park desires to enter into a contract with Root
Policy Research to conduct a Housing Needs Assessment and Housing Strategic Plan.
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 professional services
contract referenced in the title of this resolution in substantially the form now before the
Board.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 93
_______,g,____� -
TOWN OF ESTES PARK_
PROFESSIONAL SERVICES CONTRACT
Estes Park Housing Needs Assessment and Housing Strategic Plan
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Root
Policy Research (Consultant or Contractor), a Colorado Corporation, whose address is 6740 East
Colfax A venue, Denver, Colorado 80220 make this Contract this _____ day of
_________ , 2022, at the Town of Estes Park, Colorado, considering the following
facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and
1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Name Da�
RFP-Attachment A March 3, 2022
Page(s)
1
2.5 Request for Proposals (RFP), containing 20 pages, dated March 3, 2022;
2.6 Consultant's Cost Proposal, containing 1 page, dated April 1, 2022;
2. 7 Consultant's Proposal, containing 30 pages, dated April 1, 2022; and
Attachment 2
Page 94
2.8 Insurance Certificates.
3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin
services under this Contract upon receiving Town's notice to proceed. Consultant shall
timely perform its Services, according to the Performance Schedule, as outlined in the
Consultant's Proposal in accordance with expectations outlined in the RFP.
5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed
$72,990, as the Price for the total Services performed as stipulated in Consultant's Proposal.
This Contract does not create a multiple fiscal year direct or indirect debt or other financial
obligation. Each request for service shall incur a concurrent debt for that request only. All
financial obligations of the Town under this Contract are contingent upon appropriation,
budgeting, and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULT ANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
Town ofEstes Park Professional Services Contract --Page 2 of 13 Page 95
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant's special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town's requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant's Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings and other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend.
8. 7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
Town ofEstes Park Professional Services Contract --Page 3 of 13 Page 96
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for feedback, input, edits and
decisions. Town will obtain the advice of other consultants, as the Town thinks
appropriate. Town will give decisions to the Consultant in writing within a reasonable
time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant's Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant's performance under this Agreement, future use and interpretation
of Consultant's work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant's subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
Town ofEstes Park Professional Services Contract --Page 4 of 13 Page 97
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant's databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings specifications and computer software prepared by
Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order. Town shall issue no Change Order or other form of order or directive
requiring additional compensable work that will cause the Price to exceed the amount
approved.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives ( or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Jason Damweber
Assistant Town Administrator
170 MacGregor A venue
PO Box 1200
Estes Park, CO 80517
CONSULTANT:
Mollie Fitzpatrick
Managing Director, Root Policy Research
6740 East Colfax Avenue
Denver, CO 80220
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
Town ofEstes Park Professional Services Contract --Page 5 of 13 Page 98
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk's Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17 .1, 1 7 .3 and 17.4 for two additional years. For any claims
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17 .1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17 .3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers' compensation policies or
coverages shall not contain endorsements including the Town, its officers or
Town ofEstes Park Professional Services Contract --Page 6 of 13 Page 99
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages ( except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor A venue
PO Box 1200
Estes Park, CO 80517
Attention: Jason Damweber
With the exception of professional liability and workers' compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder's
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17 .10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17 .11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act,§ 24-10-101 et §.sill., C.R.S.,
Town ofEstes Park Professional Services Contract --Page 7 of 13 Page 100
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys' fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: ( 1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant's officers, employees and
Town ofEstes Park Professional Services Contract --Page 8 of 13 Page 101
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN'S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants' and subcontractors' employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town's work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 W AIYER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2022, or upon receipt of all required deliverables as outlined in the RFP if
prior to December 31, 2022.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
Town ofEstes Park Professional Services Contract --Page 9 of 13 Page 102
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer's materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor shall not
knowingly employ or contract with a worker without authorization to perform work under
this Contract. Contractor shall not knowingly contract with a subcontractor that (a)
knowingly employs or contracts with a worker without authorization to perform work under
this Contract or (b) fails to certify to the Contractor that the subcontractor will not
knowingly employ or contract with a worker without authorization to perform work under
this Contract.
Town of Estes Park Professional Services Contract --Page 10 of 13 Page 103
34 VERIFICATION REGARDING WORKERS WITHOUT AUTHORIZATION: Contractor
has confirmed the employment eligibility of all employees newly hired for employment to
perform work under this Contract through participation in either the E-verify program
administered jointly by the United States Department of Homeland Security and the Social
Security Administration or the employment verification program of the Colorado
Department of Labor & Employment.
35 LIMITATION REGARDING E-VERIFY PROGRAM: Contractor shall not use either E
verify or Colorado Department of Labor & Employment program procedures to undertake
pre-employment screening of job applicants while performing this Contract.
36 DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Contractor obtains actual
knowledge that a subcontractor performing work under this Contract knowingly employs or
contracts with a worker without authorization, the Contractor shall, unless the subcontractor
provides information to establish that the subcontractor has not knowingly employed or
contracted with a worker without authorization:
(a)notify the subcontractor and the Town within three (3) days that the Contractor has
actual knowledge that the subcontractor is employing or contracting with a worker
without authorization; and
(b)terminate the subcontract with the subcontractor if, within three days of receiving
notice that the Contractor has actual knowledge that the subcontractor is employing or
contracting with a worker without authorization, the subcontractor does not stop
employing or contracting with the worker without authorization.
37 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation pursuant to C.R.S. 8-17.5-102 (5).
38 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor's breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
Town of Estes Park Professional Services Contract --Page 11 of 13 Page 104
CONSULTANT
State of Co lo [O\.Q 0
Countyof QfY\\/{r
) ) ss )
The foregoing instrument was acknowledged before me by Ho\\\ e £it:z:e;rt:rie'4-, as
J.dC\V\Q�-, n0 D y--e_cto( of (2.cot-R> � \ C\{ P..es1arc�' a Colorado
corporation, on behalf of the corporation, this-� day of A::Pr \ l , 2022.
Witness my hand and official Seal.
My Commission expire s _ __._I ,'-+-, +-l e .... ·'-j/f-,....,,-Z-(J_Z)_s_,c_ __
SILVIA FERNANDA RAMIREZ OLMOS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031307
MY COMMISSION EXPIRES 11/18/2025
S l \Vi a r?am t r-ez. Notary Public
Town of Es/es Park Professional Services Contract --Page· 12 of 13
Page 105
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 __________ � 2022.
Witness my hand and official Seal.
My Commission expires _________ _
Notary Public
APPROVED AS TO FORM:
Town Attorney
Town of Estes Park Professional Services Contract --Page 13 of 13 Page 106
Estes Park Housing Needs Assessment & Strategic Plan RFP 1
REQUEST FOR PROPOSALS
Estes Park Housing Needs Assessment & Strategic Plan
March 3, 2022
Peak View Apartments, Estes Park Housing Authority
Proposals due by 2:00 pm Mountain Time, Thursday April 1, 2022
Town of Estes Park
Estes Park, Colorado
Supported with a grant from the Colorado Department of Local Affairs for Innovative Housing
Planning Grant Program (IHOP PLN003)
Attachment 3
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Estes Park Housing Needs Assessment & Strategic Plan RFP 2
Contents
INTRODUCTION AND INFORMATION .................................................................................... 4 GENERAL INFORMATION ............................................................................................................................................... 4 COMMUNITY INFORMATION ........................................................................................................................................ 6
INSTRUCTIONS ............................................................................................................................ 7 INQUIRIES AND CORRECTIONS ................................................................................................................................... 7 SUBMITTAL INFORMATION .......................................................................................................................................... 7 LATE PROPOSALS ............................................................................................................................................................... 7 CONFIDENTIAL MATERIAL ............................................................................................................................................ 8 DEFINITION CONTEXT ..................................................................................................................................................... 8 CONDITIONS OF PROPOSAL SUBMITTAL ................................................................................................................ 8 PROPOSED SCHEDULE ..................................................................................................................................................... 9 PRE-PROPOSAL MEETING .............................................................................................................................................. 9
PROPOSAL INFORMATION REQUESTED ............................................................................... 9 RESPONSE TO THE RFP ................................................................................................................................................... 9 COST INFORMATION....................................................................................................................................................... 10 MANDATORY REQUIREMENTS .................................................................................................................................. 10
SCOPE OF SERVICES ................................................................................................................ 10 REQUIRED COMPONENTS ............................................................................................................................................ 10 APPLICATION OF FINDINGS ........................................................................................................................................ 11 SPECIFICATIONS ............................................................................................................................................................... 11 HOUSING NEEDS ASSESSMENT .................................................................................................................................. 11 Demographic Data ....................................................................................................................................................... 11 Economic Conditions .................................................................................................................................................. 12 Housing Stock and Trends ....................................................................................................................................... 12 Homeownership Market ........................................................................................................................................... 12 Rental Housing Market .............................................................................................................................................. 12 Special Populations ..................................................................................................................................................... 12 Gap Analysis ................................................................................................................................................................... 13 Barriers Analysis .......................................................................................................................................................... 13 STRATEGIC PLAN ............................................................................................................................................................. 13 PROCESS ............................................................................................................................................................................... 13 DATA, INFORMATION AND MATERIALS ................................................................................................................ 14 PUBLIC OUTREACH ......................................................................................................................................................... 14
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Estes Park Housing Needs Assessment & Strategic Plan RFP 3
CRITERIA AND EVALUATION ............................................................................................... 15
RESOURCES ............................................................................................................................... 17
Attachments .................................................................................................................................. 18
Exhibits ......................................................................................................................................... 18
Page 109
Estes Park Housing Needs Assessment & Strategic Plan RFP 4
INTRODUCTION AND INFORMATION
GENERAL INFORMATION
The Town of Estes Park (Town) is seeking a qualified Consultant through this Request for
Proposals (RFP) to design, implement, and complete a Housing Needs Assessment and produce
a Housing Strategic Plan. The last Housing Needs Assessment was conducted in 2016. The
Town is the recipient of a Department of Local Affairs (DOLA) planning grant and is conducting
this project in partnership with the Estes Park Housing Authority (EPHA) with their housing
knowledge and expertise.
1. Project Purpose
b.Attract a professional services consultant through a solicitation that is open and
competitive for affirmative steps to include minority and women owned businesses.
c. The consultant shall provide an analysis of the current needs for housing options
primarily of current and future community households, reported incrementally as to the
Area Median Income (AMI) in Larimer County in Colorado. This shall include both
year-round and seasonal needs, as well as needs of diverse individuals, families and
communities.
d. The consultant shall develop a set of recommendations to bridge identified gaps.
e.The consultant shall produce a Strategic Plan to share with the community, elected
and appointed officials, developers, and others interested in the housing market and
needs.
2.Project Objectives
a.Define the gap between the current housing options, and the number and type of
housing needed by households in the community.
b.Outline future trends and forecast housing needs based on available information and
data.
c.Develop a set of recommendations and strategies to guide future decisions regarding
removal of regulatory barriers, resource allocation, and local policy and programmatic
changes, implementation of which strategies will result in bridging those current and
future gaps identified in this needs assessment. Note: The Town is conducting a
Comprehensive Plan to continue through 2022. The selected Consultant will work with
the Community Development Department and their consultant coordinating housing
needs assessment effort to avoid duplication of work. Following the Comp Plan will be
development and land use code update.
d.Recommend procedures for data review for continuous updates.
3.Grant Information and requirements
The grant awarded to the Town is funding from HB21-1271 Innovative Housing Planning
Grant Program. Grant requirements include following:
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Estes Park Housing Needs Assessment & Strategic Plan RFP 5
• The Strategic Plan shall align with the Town’s Comprehensive Plan, even as it is
being developed.
• The Consultant shall present final document of the Housing Needs Assessment
and Housing Strategic Plan to the Town.
• The Consultant shall recommend land use code and/or zoning text amendment
language.
• Town Staff shall report on which housing strategies were proposed in the
application, exploration on the strategies being addressed during the needs
assessment, and which strategies were adopted with links to code sections (at least
one strategy must be adopted). See list of DOLA strategies attached (A).
• The Consultant shall describe the community input process and its inclusiveness
effort to address equity.
• The Town Staff shall describe how the needs assessment results and plan has
informed policy decision or approach; and include lessons learned.
The Town is required to submit regular progress reports to DOLA. It is expected that the
Consultant will present monthly progress reports as requested by the Town. Payment
requests will include an invoice that sufficiently details completed tasks, consultant names,
hours and rates.
4.Geographical Information
The geographical target area is the Estes Park R-3 School district which includes the Town
limits and surrounding unincorporated Larimer County and a portion of unincorporated
Boulder County, Allenspark. There are several “communities” within this area including:
Allenspark, Big Elk Meadows, Drake, Glen Haven, Pinewood Springs and Pole Hill. In
some instances, it might be important to segregate data, i.e., Town limits or unincorporated
Larimer and Boulder Counties.
5.Estes Park Housing Definitions
For this Request for Proposals (RFP) the terms used for attainable and workforce housing are
defined by the Municipal Code, § 11.4
[C]"Attainable" and "Workforce" Defined. For purposes of this Code and Chapter, "attainable housing units" and
"workforce housing units" shall mean the following:
[1]Renter-Occupied Attainable Housing Units.
[a] Housing units that are attainable to households earning one hundred fifty percent (150%) of the Larimer County
Area Median Income or below, adjusted for household size.
[b] To qualify as attainable units, housing costs (i.e., rent and utility expenses) must not exceed thirty percent
(30%) of the maximum income for an imputed household size based on one hundred fifty percent (150%) of the
Larimer County Area Median Income.1 The imputed household size is equal to one and one-half (1.5) times the
number of bedrooms in the unit. For example, rent on a two-bedroom unit would be equal to thirty percent (30%)
1 The Town Board may consider increasing this to 175% within the next couple of years.
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Estes Park Housing Needs Assessment & Strategic Plan RFP 6
of the monthly income limit of a three-person family; for a three-bedroom unit the rent should not exceed thirty
percent (30%) of the monthly income of a four-and-one-half-person family—the midpoint of the range of a four-
and five-person family.
[c] If the property owner does not pay all utility expenses, then a utility allowance, computed by the Estes Park
Housing Authority, must be subtracted from the housing cost to determine the maximum rent.
(Ord. 2-02 #9)
[2]Owner-Occupied Attainable Housing Units.
[a] Housing units that are attainable to households earning one hundred fifty percent (150%) of the Larimer County
Area Median Income or below, adjusted for household size.
[b] To qualify as attainable units, housing costs must not exceed forty percent (40%) of the one-hundred-fifty-
percent Larimer County Area Median Income, adjusted for household size.
(Ord. 2-02 #9)
[3]Larimer County Area Median Income, Defined. The Larimer County Area Median Income is the current
applicable area median income for Larimer County published by the U.S. Department of Housing and Urban
Development.
(Ord. 2-02 §9)
[4]Workforce Housing. Housing units shall be eligible for the Maximum Permitted Density Bonus (Sec. 11.4.D) if at
least one (1) resident in each housing unit annually submits an affidavit, including a copy of a W-2 form, to the
Town certifying that the resident is employed within the Estes Park School District R-3 Boundary Map.
(Ord. 2-02 §9; Ord. 28-16, § 1; Ord. 30-17 , § 1(Exh.))
COMMUNITY INFORMATION
The Town of Estes Park is located 70 miles northwest of Denver, at the eastern entrance to
Rocky Mountain National Park (RMNP). It is accessible from the east by U.S. Highways 34 and
36; and Colorado Highway 7 from the south. Estes Park is located in a mountain valley and is
considered a destination community with an economy that is largely dependent on tourism.
The 2020 Census data indicates the Town’s permanent resident population at 5,904.
The Estes Valley population is approximately 11,000. The community includes several special
districts including Fire, Hospital, Library, Recreation, Sanitation, Schools and Marketing
District.
Estes Park is the primary gateway community to RMNP. In 2020, RMNP was the fourth most
visited national park in the country even with the pandemic and two major wildfires which
impacted RMNP and the Estes Valley. The Estes Valley hosts millions of visitors each year and
the tourist “season” now extends from early spring into late fall and includes busy weekends
throughout the winter. RMNP has documented 4.5 million visitors and 80 percent enter through
the two main east entrances through Estes Park. However, Visit Estes Park, the local marketing
district has data indicating that a significant number of visitors do not go into RMNP rather Estes
Park is their destination.
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Estes Park Housing Needs Assessment & Strategic Plan RFP 7
INSTRUCTIONS
INQUIRIES AND CORRECTIONS
If a Consultant submitting a proposal finds discrepancies in or omission from this RFP, or should
require additional clarification, a written request for interpretation will be made by written
addendum and will become part of the RFP and Consultant Contract. The Town will not be
responsible for the accuracy of any VERBAL or ORAL EXPLANATIONS,
INTERPRETATIONS, or REPRESENTATIONS. All inquiries shall be made in writing and all
responses will be provided in writing as an addendum. To be given consideration, inquiries must
be received according to the Proposed Schedule in this RFP.
All addenda will be available on the Rocky Mountain E-Purchasing System (BidNet)
(www.rockymountainbidsystem.com) and EPHA’s website at www.esteshousing.org. The Town
cannot guarantee accurate information obtained from sources other than the Rocky Mountain E-
Purchasing System and EPHA website.
It shall be the responsibility of each proposing Consultant to verify that all addenda have been
received prior to submitting proposals, and to acknowledge the addenda in the space provided on
Exhibit 1 Acceptance of Conditions Statement, which shall be submitted with their proposal.
All inquiries relating to this RFP shall be addressed in writing via email message to:
Jason Damweber
Town of Estes Park
jdamweber@estes.org
SUBMITTAL INFORMATION
All proposals must be received according to the Proposed Schedule presented in this RFP.
Proposals must be submitted electronically through one of the following means: email to Jason
Damweber, jdamweber@estes.org or submitted to Rocky Mountain e-Purchasing (BidNet).
Rocky Mountain e-Purchasing offers both “free” and “paying” registration options that allow for
full access of documents and for electronic submission of proposals. Please note that “free”
registration may take up to 24 hours to process. Please plan accordingly.
https://www.bidnetdirect.com/colorado
No paper copies of proposals will be accepted.
LATE PROPOSALS
Late proposals will not be accepted. Any proposals received after the submission deadline will
not be opened.
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Estes Park Housing Needs Assessment & Strategic Plan RFP 8
CONFIDENTIAL MATERIAL
All materials submitted in response to this RFP shall ultimately become public record and shall
be subject to inspection after contract award. “Proprietary or Confidential Information” is
defined as any information that is not generally known to competitors and which provides a
competitive advantage. Unrestricted disclosure of proprietary information places it in the public
domain. Only submittal information clearly identified with the words “Confidential Disclosure”
and uploaded as a separate document shall establish a confidential, proprietary relationship. Any
material to be treated as confidential or proprietary in nature must include a justification for the
request. The request shall be reviewed and either approved or denied by the Town. If denied, the
proposer shall have the opportunity to withdraw its entire proposal, or to remove the confidential
or proprietary restrictions. Neither cost nor pricing information nor the total proposal shall be
considered confidential or proprietary.
DEFINITION CONTEXT
Unless otherwise specified in this document, all words shall have a common meaning unless the
context in which they are used clearly requires a different meaning. Words in the singular
number include the plural, and in the plural include the singular.
CONDITIONS OF PROPOSAL SUBMITTAL
1. The proposal must be signed by a duly authorized official of the proposing Consultant
submitting the proposal.
2. No proposal will be accepted from any person, Consultant or corporation that is in arrears
for any obligation to the Town and EPHA, or that otherwise may be deemed irresponsible
or unresponsive by the Town and EPHA staff or Boards.
3. Only one proposal will be accepted from any one person, Consultant or corporation.
4. The Town reserves the right to reject any and all proposals or any part thereof. The right
is reserved to waive any formalities or informalities contained in any proposal, and to
award a contract to the most responsive and responsible proposing Consultant as deemed
in the best interest of the Town and supporting organization providing financial
assistance to this project.
5. All proposals shall be prepared in a comprehensive manner as to content, but no necessity
exists for expensive or promotional materials. An electronic version of the proposal is
required.
6. All costs incurred in the preparation of this proposal shall be borne solely by the
proposing Consultant.
7. The Town reserves the right to negotiate final terms with the selected proposer that may
vary from those contained in the RFP and addenda.
8. The Town reserves the right to request and contact a client list from the proposer, for the
purpose of determining potential conflicts of interest. This list shall be considered
proprietary.
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Estes Park Housing Needs Assessment & Strategic Plan RFP 9
PROPOSED SCHEDULE
Request for Proposals Open, Advertisement March 3, 2022
Optional pre-proposal meeting, 2:00 pm Mountain Time (virtual
meeting using Google Meet, see connection information below) March 17, 2022
Final questions due, 2:00 pm Mountain Time March 22, 2022
Final addenda released March 24, 2022
Proposals due, 2:00 pm Mountain Time (electronic format) April 1, 2022
Proposal evaluation and negotiation (estimated time frame) April 4 – 11, 2022
Consultant selection recommendation (consultant notification and
prepare recommendation for Town Board) (estimated time frame) April 13, 2022
Anticipated contract execution, following Town Board approval
(May 10, 2022) May 11, 2022
Anticipated project start date no later than: June 1, 2022
Anticipated project completion date, final Plan accepted by the
Town and EPHA Boards November 22, 2022
PRE-PROPOSAL MEETING
The optional pre-proposal meeting will be held VIRTUALLY on Google Meet platform per the
Proposed Schedule. Consultants wishing to participate in this meeting can connect via this
information:
Meeting ID: meet.google.com/byj-dzse-hjc
Phone number: 413-327-2362
PIN: 287 674 441#
Participants are required to provide their name, firm, phone number and email address to
participate in this meeting which can be submitted to Jason Damweber, jdamweber@estes.org, or
included in the chat during the meeting.
PROPOSAL INFORMATION REQUESTED
RESPONSE TO THE RFP
The proposer shall address each item of the following sections and meet the mandatory
requirements.
1. Cover letter with pertinent information regarding proposer.
2.Brief summary of the proposal, an executive summary.
3. Statement of understanding.
4. Proposed approach that addresses the Scope of Services.
5.Qualifications and experience in similar and relevant projects.
6. Organizational chart of the project team, including any subconsultants.
7. Brief biographical sketches or resumes and other information substantiating the
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Estes Park Housing Needs Assessment & Strategic Plan RFP 10
qualifications, expertise, and experience of the project team.
8. Name of person who will act as primary contact person for the Consultant’s work,
including primary phone number and email contact information.
9.Preliminary project schedule that outlines project tasks.
10.References, with a list of at least three clients for whom the Consultant has performed
similar services in the past three years, with an explanation of those services and contact
information.
11. A brief statement of compliance with conditions presented in this RFP.
12. Completed Exhibits 1 and 2.
COST INFORMATION
Compensation, fee schedule, detailed costs, and proposed budget: The Consultant’s proposed
costs shall be submitted as a separate document, clearly labeled and identified as COST
PROPOSAL. Cost and price should not be addressed in the body of the proposal. Costs will not
be scored in the evaluation rather this is a qualification-based proposal. The estimated budget for
this project shall not exceed $73,000.
MANDATORY REQUIREMENTS
Personnel: The successful proposer must be capable of providing adequate, knowledgeable
personnel to fulfill the requirements of the proposed contract.
Capability and capacity: The successful proposer must be financially capable and solvent in
fulfilling the requirements of the proposed contract. The Town reserves the right to request
financial statements from the proposer. The Consultant must be a legal entity and have the
management and technical expertise to successfully complete the project.
Registered on SAM.gov. The System for Award Management (SAM.gov) is an official website of
the U.S. Government for registering to do business with the federal government. Registration is
free. This site provides information on businesses that are suspended or disbarred from doing
business with the federal government or work with federal funds. https://sam.gov/content/entity-
registration
Town Business License. Selected Consultant will be required to obtain a Town Business License,
www.estes.org/businesslicensing
SCOPE OF SERVICES
REQUIRED COMPONENTS
The Housing Needs Assessment shall include a demographic and economic framework; housing
inventory; analysis of housing market conditions for both rental and homeownership; housing for
special needs populations, seasonal workers, seniors, and the chronically homeless; housing
stock in terms of location, type, and quality; gaps between identified housing need and housing
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Estes Park Housing Needs Assessment & Strategic Plan RFP 11
supply; and other data as indicators. An important part of this project is to consider strategies that
support housing development. This could be ordinances, land use codes, policies or other means.
Addressing barriers is an expected part of the DOLA grant and the list of strategies is attached
(A).
Each element should include information for the Estes Valley (community) and Estes Park
(municipality), and by census tract wherever possible. The Strategic Plan shall consist of the
information and data from the Needs Assessment, and policy and practice recommendations for
near-term and long-term strategies for meeting housing needs. These recommendations shall be
specific and focus on implementation by the Town, EPHA and partner organizations.
APPLICATION OF FINDINGS
The desired outcome of the Housing Needs Assessment and Housing Strategic Plan is to provide
data and analysis that will be used to:
•Learn about funding resources.
•Identify trends in the local housing market and gaps between need and supply.
•Provide specific recommendations for implementing strategies to address near-term and
long-term housing needs.
SPECIFICATIONS
The final scope of services will be the result of negotiations between the Town, EPHA and the
selected Consultant as to how to best meet the goals for this project. The Housing Needs
Assessment and Housing Strategic Plan should include, but are not limited to, analysis of the
following. Should one or more of this data be considered by the Consultant as irrelevant or
superfluous to assessing housing needs or developing related strategies, please indicate this in the
response.
HOUSING NEEDS ASSESSMENT
Demographic Data
a.Population: age, ethnicity and race, special needs, educational attainment and/or other
attributes.
b. Households: size, income, employment, tenure, cost burden, single parents, changes in
income associated with COVID-19 pandemic, and/or other pertinent information.
c.Income, including source of households with a breakdown of renters and owners earning
<30% of the AMI (very low income); 30% to 50% of the AMI (low income) 51% to 80%
of the AMI (moderate income), 81% to 120% of AMI (middle income). There is
discussion to extend this AMI to 121% to 175%.
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Estes Park Housing Needs Assessment & Strategic Plan RFP 12
Economic Conditions
a.Commuting patterns, current transit services and plans, people with no means of
transportation. The Town operates the local transit service.
b. Labor force, unemployment, employment trends, seasonal employment, single- and
double-income households.
c.Employers and sectors, projected job growth.
d. Wage trends, earnings, relative cost of living.
e.Impact of housing on recruiting and retaining employees.
Housing Stock and Trends
a.Housing stock by age, condition, type, density, tenure, accessibility, and location.
b. Cost of construction by housing type.
c.Overcrowding, habitability including and especially for service industry and seasonal
workers. Housing qualifications: average 30 hours per week year-round.
d. Units with incomplete plumbing and/or kitchen; year-round heat, water and other utilities
or amenities.
e.Building permits.
f.Household access to reliable and affordable internet service.
Homeownership Market
a.Geographic dispersion of sales by price point.
b. Payment delinquency and foreclosure.
c. Rate of federal mortgage loans and loan applications.
d.Homeownership rates and vacancy rates.
e. Home prices, values, sales, and inventory.
Rental Housing Market
a.Geographic dispersion of rents by price point.
b. Payment delinquency and eviction.
c.Utility cost burden and utilities included in rent.
d.Rates of rental assistance and rental assistance applications.
e. Rental tenancy rates, vacancy rates, and median rent.
f.Availability of deed-restricted affordable housing and rental assistance and waiting lists
for rental assistance.
g. Proportion of landlords accepting Housing Choice (“Section 8”) Voucher.
h.Impacts of COVID-19 on renter’s cost burden.
Special Populations
a.Service industry and seasonal workers.
b. Housing with supportive services for disabled and other populations.
c.Homelessness and availability of transitional housing.
d. Rate of housing assistance, TANF, and welfare receipt.
e.Senior housing.
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Estes Park Housing Needs Assessment & Strategic Plan RFP 13
Gap Analysis
a. Demand forecast.
b. Perceived needs for housing rehabilitation.
c. Need-supply gap by household income, housing type, sub-geography, and tenure.
d. Forecast of costs to close gaps in housing stock by 2040.
Barriers Analysis
a.Strategies list from DOLA, Attachment A.
b. Regulatory provisions in the Zoning and Development Code and Building Code that have
a direct impact on housing costs.
c.Market forces impeding housing supply.
d. Analysis of supply market, including costs for land, construction, utilities, and permitting
fees, with geographical analysis.
e.Households experiencing cost-burden and condition problems.
f.Fair housing complaints.
STRATEGIC PLAN
Recommendations: See list of strategies from DOLA planning grant program, Attachment A;
and consider the following:
a.Impact of housing on the economy.
b. Local, state, and federal and non-governmental funding sources.
c.Numerical targets.
d. Recommendations for regulatory changes.
e. Scalable strategies to address need-supply gaps.
f.Strategies for public and private sector including EPHA, Town, developers, employers
and others.
g. Tools and strategies to promote workforce, affordable and attainable housing for very
low-, low-, moderate-income households, and for middle-income housing.
h. Tools and strategies to reduce non-rent cost burdens such as utility and commute costs.
i.Increase resiliency from shocks and stressors.
j.Propose options for the Town, EPHA and the community to stay current with housing
needs and opportunities.
k.Other strategies pertinent to the scope of this request and based on experience.
PROCESS
a.Coordinate with EPHA and Town (and Comprehensive Plan effort) to produce a project
process outline (or work plan) and timeline.
b.Facilitate a project kick-off meeting with stakeholders.
c. Organize and facilitate stakeholder meetings.
d. Present public outreach process and materials to stakeholders.
e.Conduct public outreach.
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Estes Park Housing Needs Assessment & Strategic Plan RFP 14
f.Compile data and information, analyze and organize for the Strategic Plan.
g.Draft the Strategic Plan to be reviewed by stakeholders.
h. Present information and draft Plan to the EPHA and Town Boards.
i.Produce final Strategic Plan for Board acceptance.
DATA, INFORMATION AND MATERIALS
The Strategic Plan and other documents shall be of a quality that is suitable for public
distribution, describing the nature of the project, research performed, findings, conclusions, and
recommendations. As appropriate, the Consultant will provide Geographic Information Systems
(GIS) based products to be included as part of the document and analysis, as well as quality
graphical representations of findings.
Data, reports, presentations, materials, documents shall be provided to EPHA and the Town in
readable and usable formats such as Microsoft Office software (Word, Excel, PowerPoint, etc.),
PDF and other software as appropriate. All items shall be provided in digital format and some
requests may include a minimal number of paper copies.
All proposals become the property of the Town and EPHA upon receipt and shall only be
returned to the proposer at the Town’s option. Selection or rejection of the proposal shall not
affect this right. The Town and EPHA shall have the right to use ideas or adaptations of the ideas
contained in any proposal received in response to this RFP, subject to limitations outlined in the
entitled II. D. CONFIDENTIAL MATERIAL. Disqualification of a proposal does not eliminate
this right.
PUBLIC OUTREACH
The public outreach strategy is critical to the success of this project. The Town’s Public
Information Officer will be engaged in this effort, reviewing and approving the schedule and
materials. The design will include broad participation by a wide and representative interest with
respect to demographics, including community and business members, elected and appointed
officials, and others, as identified.
The public engagement process could include traditional and innovative approaches such as the
use of polling questions, topic-specific groups (public deliberation or community conversations),
a project website, factsheets, online interactive platform, surveys, interviews, use of the existing
social media accounts such as Facebook and Twitter, local newspapers, etc.
The selected Consultant will have strong facilitation skills with respect to public engagement and
demonstrated experience engaging traditionally harder to reach populations including those with
English as their second language, and individuals and families with limited income and who
work multiple jobs. Public engagement must be in compliance with any public health orders in
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Estes Park Housing Needs Assessment & Strategic Plan RFP 15
place at the time. Flexibility will be important along with back up plans for in-person and virtual
meeting options.
Results from the public outreach effort will be made available to the public; and EPHA will
assist in the disbursement of information.
CRITERIA AND EVALUATION
An evaluation team shall review all responses and select the proposal that best demonstrates the
capability in all aspects to perform the scope of services, and possess the integrity and reliability
that will ensure good faith performance. The Town reserves the right to include members of the
community on the proposal review team. These individuals will serve in an advisory capacity as
the Town is the responsible party to the funding source for this project.
Only respondents who meet the qualification criteria will be considered. Therefore, it is
imperative that the submitted proposal clearly indicates the Consultant’s ability to provide the
services described herein.
Evaluation table on the next page
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Estes Park Housing Needs Assessment & Strategic Plan RFP 16
CRITERIA STANDARD POINTS
Capability &
Capacity
Has the Consultant provided sufficient information proving their
available means to perform the required scope?
Has the Consultant provided information to meet insurance and
other requirements?
Does the Consultant provide information on their financial,
technical, management and legal qualifications?
Does the Consultant have the resources to successfully complete this
project?
30
Scope
Understanding
& Approach
Does the Consultant demonstrate a clear understanding of the
purpose, intent and scope of this project?
How well does the proposal describe an approach and
implementation?
Does the proposal include an effective approach to ensure the
maximum feasible level of public engagement?
Does the approach include traditional and innovative elements for
public outreach?
Is the public outreach approach unique for this community?
How well does the proposal convey a basic understanding of
planning issues and diverse interests that might be relevant to Estes
Park?
How will the Consultant incorporate their effort with the Town’s
Comprehensive Plan process?
25
Experience &
Qualifications
What is the Consultant’s proven proficiency in the successful
completion of similar projects?
Do the Consultant’s proposed key staff members have the necessary
qualifications for this project?
Does the Consultant’s proposed key staff members have the
experience, background, understanding, and project management
experience to effectively administer and complete this project?
25
Availability &
Schedule
Are proposed project staff available for the duration of this project?
Does the proposal include a schedule to complete tasks?
10
Proposal
Adequacy
Responsive to
the RFP
Is the proposal comprehensive, inclusive and conforms to the RFP?
Is the proposal professionally presented?
10
Cost Cost is not scored as this is a qualification-based RFP. The project
budget has been established. Submit costs separately.
0
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Estes Park Housing Needs Assessment & Strategic Plan RFP 17
RESOURCES
There are many resources that will be important for the development of the Housing Strategic
Plan. These include but not limited to the following:
1. 2016 Estes Park Area Housing Needs Assessment:
https://www.colorado.gov/pacific/sites/default/files/atoms/files/Final%202016%20HNA
%20Report.pdf
2. 2021 Comprehensive Planning, https://estespark.colorado.gov/comprehensiveplan
3. Current Town of Estes Park Comprehensive Plan, 1996
https://estes.org/comprehensiveplan
4. Development projects. Please see list on the Community Development Department
webpage: https://estespark.colorado.gov/currentapplications
5. Estes Valley Economic Development Strategy, 2015, Avalanche Consulting
https://www.estesparkedc.com/estes-park-edc-research-papers
6.Estes Valley Land Trust Open Space Plan, https://evlandtrust.org/wp-
content/uploads/2021/03/Estes-Valley-Open-Space-Plan_Final.pdf
7. Housing and Childcare Task Force, https://estespark.colorado.gov/chtf
8.https://library.municode.com/co/larimer_county/codes/code_of_ordinances?nodeId=PTII
LAUSCO
9. Land Use Codes https://library.municode.com/CO/estes_valley/codes/development_code
10. Larimer County Comprehensive Plan, 2019:
https://www.larimer.org/sites/default/files/uploads/2019/larimercountycomprehensivepla
n2019_vol1_0.pdf (www.larimer.org/planning/documents)
11. Town Annual Strategic Goals and Objectives, 2022, Town Board of Trustees,
https://estes.org/strategicplan
Stakeholders includes businesses and services
Board of Realtors
Estes Park Health (hospital)
Estes Park School District includes K-12 grades
Rocky Mountain National Park
Stanley Hotel
Estes Park Economic Development Corporation
Visit Estes Park
Estes Chamber of Commerce
Several Town Advisory Boards
And many others
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Estes Park Housing Needs Assessment & Strategic Plan RFP 18
Attachments
A-DOLA Housing Planning Grant Strategies
Exhibits
1-Acceptance of Conditions Statement
2-Reference Authorization and Release Form
3-Town Professional Services Contract
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Estes Park Housing Needs Assessment & Strategic Plan RFP 19
EXHIBIT 1 TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT
No employee, elected or appointed official of the Town of Estes Park, or any such person’s
spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or
personal interest in the proposing Consultant of this Request for Proposal, except as follows:
I/we hereby agree to all instructions, terms and conditions, and specifications contained herein:
I/we acknowledge receipt of the following Addenda:
Proposing Consultant
Address
Telephone Number
Submitted by (signature)
Printed Name
Title
Date
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Estes Park Housing Needs Assessment & Strategic Plan RFP 20
EXHIBIT 2 TOWN OF ESTES PARK
REFERENCE AUTHORIZATION AND RELEASE FORM
To:
A Corporation
By: , A
Partnership whose address is
(Proposer) An Individual
Proposer hereby authorizes Town to perform such investigation of proposer as the
Town deems necessary to establish the qualifications, responsibility and financial
ability of proposer. By its signature hereon, proposer authorizes owner to obtain
reference information concerning proposer and releases the party providing such
information named above and the Town from any and all liability to proposer as a
result of any such reference information provided.
Proposer further waives any right to receive copies of reference information
provided to the Town. An executed copy of this Reference Authorization and Release
Form may be used with the same effectiveness as an original.
By:
Print Name:
Title:
Date:
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RFP - Attachment A
Project Strategies
Estes Park Housing Needs Assessment and Strategic Plan Grant Application
Project Strategies Select which qualifying strategies your community plans to pursue.
None
Use of vacant publicly owned real property within the local government for the development
of affordable housing.
Creation of a program to subsidize or otherwise reduce local development review or fees,
including but not limited to building permit fees, planning waivers, and water and sewer tap
fees, for affordable housing development
Creation of an expedited development review process for affordable housing aimed at
households the annual income of which is at or below 120% of the area median income of
households of that size in the county in which the housing is located
Creation of an expedited development review process for acquiring or repurposing
underutilized commercial property that can be rezoned to include affordable housing units,
including the preservation of existing affordable housing units
Establishment of a density bonus program to increase the construction of units that meet
critical housing needs in the local community
With respect to water utility charges, the creation of processes to promote the use of sub-
metering of utility charges for affordable housing projects and the creation of expertise in
water utility matters dedicated to affordable housing projects
X With respect to infrastructure, the creation of a dedicated funding source to subsidize
infrastructure costs and associated fees related to publicly owned water, sanitary sewer, storm
sewers, and roadways infrastructure
Granting duplexes, triplexes, or other appropriate multi-family housing options as a use by
right in single-family residential zoning districts
X Classification of a proposed affordable housing development as a use by right when it meets
the building density and design standards of a given zoning district
X Authorizing accessory dwelling units as a use by right on parcels in single family zoning
districts that meet the safety and infrastructure capacity considerations of local governments
Allowing planned unit developments with integrated affordable housing units
X Allowing the development of small square footage residential unit sizes
Lessened minimum parking requirements for new affordable housing developments
X Creation of a land donation, land acquisition, or land banking program
X Additional policy or regulatory tools that provide novel, creative, or innovative incentives to
affordable housing development
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Root Policy Research
6740 E Colfax Ave, Denver, CO 80220
www.rootpolicy.com
970.880.1415
PREPARED FOR: CREATED
Town of Estes Park 04/01/2022
Town of Estes Park
Housing Needs
Assessment &
Strategic Plan
Page 128
6740 EAST COLFAX AVE, DENVER, CO 80220| 970.880.1415 | WWW.ROOTPOLICY.COM
April 1, 2022
Town of Estes Park
Estes Park, Colorado
submitted electronically to: Jason Damweber jdamweber@estes.org
Re: Request for Proposals—Estes Park Housing Needs Assessment &
Strategic Plan
Dear Selection Committee:
Root Policy Research (Root) is pleased to submit this proposal to the Town of Estes Park to
complete a Housing Needs Assessment and Strategic Plan. This cover letter serves as both an
introduction and executive summary and satisfies submission requirements #1 and #2.
Root is a women-owned business based in Denver, Colorado with more than 20 years
conducting housing market studies nationwide. Root Policy Research’s team has a proven track
record of managing complex housing studies, with a focus on innovative approaches to address
needs. A cornerstone of our work is our ability to analyze needs within different jurisdictions
and submarkets—and to craft strategies unique to varying typologies within a region or market
area.
Root Policy Research (Root) is proposing as the prime contractor in partnership with OPS
Strategies Williford LLC and as subconsultants, both of whom have specific expertise in resort
community housing dynamics. OPS is also on the consultant team for the ongoing Estes Park
Comprehensive Plan and will bring a shared understanding to both projects.
As discussed in our proposal, we believe we are the optimal team for this study—and are very
interested in being selected for this work—for several reasons:
For more than 20 years we have been involved at various levels with local policies
associated with housing; rezonings and density bonuses; public investments and the impact
on neighborhoods; housing challenges of the lowest income and most vulnerable residents;
and housing and community development programs. As such, we would approach this work
with a high level of knowledge about existing programs, policies, and challenges.
Our institutional knowledge of housing policy—what works, what is risky, how outcomes
vary—is deep. We are not new to this increasingly complex industry.
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PAGE 2
Our team has considerable experience with all facets of this work with extensive experience
in similarly-sized, peer communities, grappling with the unique challenges of workforce
housing in resort communities.
Our firm’s small size and strategic subcontractor partnerships mean we have a unique
ability to manage our overhead, workload, and management. We can commit to adequately
staffing this project.
We believe in this project for its ability to expand affordability, accommodate change, and
promote equitable development.
We have great respect for public sector and housing authority staff and would be pleased to
be a partner in this effort.
Thank you for the opportunity to propose on this very important project. We hope to have the
opportunity to work for you.
Sincerely,
Mollie Fitzpatrick Heidi Aggeler
Managing Director Managing Director
mollie@rootpolicy.com heidi@rootpolicy.com
970-880-1415 ext. 101 970-880-1415 ext. 102
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1
PROPOSED SCOPE OF SERVICES
This section of the proposal satisfies submission requirements #3 and #4.
PROJECT UNDERSTANDING
Root Policy Research understands the desire the Town of Estes Park, Colorado to complete a well-
researched and data-driven Housing Needs Assessment that will provide baseline data on housing
needs as it relates to economic development and a clear, actionable Housing Strategic Plan to
address the unique housing needs of the Estes Valley.
This study will acknowledge and build upon recent, related efforts including:
The last Housing Needs Assessment conducted in 2016; and
The current Comprehensive Plan. We will work with the Community Development Department
and their consultant in an effort to avoid duplication of work. As noted in the cover letter, OPS is
a subconsultant on this proposal and is currently working on demographic and housing related
components of the Comprehensive Plan, which provides ideal synergy between the two projects.
Broadly speaking the study will result in the development of a housing needs assessment and
actionable strategy for the Town of Estes Park, including a user-friendly, easily comprehendible, and
graphic heavy assessment paired with a summary brochure or poster—which highlights study
findings, goals, and objectives.
SCOPE OF WORK
Immediately after the notice to proceed, the Root Policy Research team would hold a virtual (Zoom
or Teams) meeting with project management staff. At this meeting we would:
Review the scope of work stated in the RFP and how the proposed approach aims to accomplish
each task;
Refine the proposed Scope of Work as needed;
Discuss existing research to inform the study and the types of data privately and publicly
available for the analysis—e.g., permit data, assessor’s data;
Develop a list of stakeholders who should be engaged in the study and the form and timing of
engagement; and
Discuss methods to promote the resident survey.
Task I. Background Analysis, Inventory and Evaluation of Existing Conditions
In this task, the consulting team would provide an inventory of existing conditions in the Estes Valley
region and a review and summary of pertinent background information. The region will include the
Town limits and surrounding unincorporated Larimer County and a portion of unincorporated
Boulder County, Allenspark. There are several “communities” within this area including: Allenspark,
Big Elk Meadows, Drake, Glen Haven, Pinewood Springs and Pole Hill. Where pertinent, the
consultant team will segregate data, i.e., Town limits or unincorporated Larimer and Boulder
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2
Counties. The analysis would include an analysis of historical and current data to establish the
existing conditions and a summary of existing research that impacts the study and provides relevant
background information.
Existing plans and documents and Comprehensive Plan Coordination. Root would examine
the last Housing Needs Assessment conducted in 2016 and coordinate with the Community
Development Department and their Comprehensive Plan consultant to avoid duplication of
work. In addition, the consultant team will coordinate to review the Land Use Code to identify
current policies and attitudes toward housing needs and any potential barriers to addressing
housing needs.
Demographic and Census data: population
trends and forecasts. Using Census and ACS
data, Root would analyze recent trends in
population, growth, race/ethnicity, household
and family types, age, tenure, and other key
demographic indicators. Root would utilize
forecasts from the State Demography Office to
provide the projections of population. This
analysis would include key characteristics of
households by tenure and will be presented
along with a breakdown of renters and owners
by area median income (AMI).
Economic factors. Using the Colorado
Department of Labor data and other relevant
sources, Root would analyze housing needs
through an economic lens. This analysis would
include key economic factors such as wages and
household income, access to reliable and
affordable internet service, jobs and
employment forecasts, seasonality of jobs, and
commuting patterns.
Housing stock and trends. This analysis would include an overview of the local housing stock
by age, condition, type, density, tenure, accessibility, and location. Analysis of overcrowding,
and habitability with emphasis on service industry and seasonal workers. Analyze trends in
building permits and trends in costs of construction.
Homeownership market. Using Larimer County assessor data, we would analyze the
geographic dispersion of recent home sales by price point and using mortgage data we will
analyze mortgage loans and loan applications. Larimer County data will be used to analyze
foreclosure activity in Estes Valley. Using ACS data and State Demography Office data we will
analyze trends in homeownership rates, vacancy rates, home prices, values, and inventory.
Rental housing market. Using data on recent listings on apartment sites, including Craigslist,
in addition to Census data we will analyze the geographic dispersion of rents by price point,
vacancy rates, and median rent. In coordination with Estes Park Housing Authority (EPHA) we
will analyze the availability of deed-restricted affordable housing and rental assistance and
waiting lists for rental assistance, and the proportion of landlords accepting Housing Choice
(“Section 8”) Voucher. Using data from the Colorado Judicial Branch we will analyze trends in
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3
evictions. We will rely on common data sources as well as community engagement to assess
the impacts of COVID-19 on renter’s cost burden.
Special populations. This analysis would include trends in needs, affordability, and availability
of housing (i.e., transitional housing, housing with supportive services, etc.) for service industry
and seasonal workers, senior residents, residents experiencing homelessness, and residents
with disabilities.
Housing needs, including gaps and barriers analysis. Housing needs would be shown
separately for workforce not currently being served by the market, very low income and special
populations (e.g., persons with fixed incomes), senior populations (e.g., assisted living, life-care,
retirees, and aging in place), persons with disabilities, Veterans, migrant workforce, and
individuals needing transitional and/or supportive housing (e.g., existing justice system, foster
care, or homelessness). Root uses a proprietary model that estimates the supportive service
needs of subpopulations for Consolidated Plans. Using this model, we would provide estimates
to stakeholders who work closely with subpopulations in our focus groups and “vet” our
estimates. For solutions, we would draw on best practices for housing unique population types,
including use of new, emergency vouchers funded by HUD; applicant screening and tenant
selection policies; and forthcoming and new HUD tools.1
Root Policy Research would identify mismatches (i.e., gaps) in the rental and for-sale markets,
including:
How many renters are paying more than they can afford for rent? How many owners
are paying more than they can afford to service the debt on their homes?
How many rental subsidies/units are needed to alleviate this housing cost burden?
How much do renters need to earn before they have a reasonable choice of homes
to buy? What are the characteristics of those affordable homes?
Where can residents working in various industries afford to rent? To buy?
Root would also use a proprietary housing gaps model to quantify mismatches in supply and
demand of rental and for-sale housing at different income levels and price points. We would adjust
the gaps to account for the seasonally of employment and high rate of vacation homes and short
term rentals in the region. We will use these baseline estimates to forecast costs to close gaps in
housing stock by 2040.
A barriers analysis will be conducted to identify regulatory provisions in the Zoning and
Development Code and Building Code that have a direct impact on housing costs, as well as market
forces impeding housing supply, including costs for land, construction, utilities, and permitting fees.
Identifying barriers will be the first step in aligning the Housing Strategic Plan with the strategies list
provided by DOLA.
Deliverable: Existing Conditions and Housing Needs sections of the report in Word format. This
deliverable would include a summary of findings for each section.
1 https://www.hud.gov/sites/dfiles/PA/documents/SOHUD_reentry_housing_letter.pdf
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4
Task II. Public Participation and Outreach
This task initiates the involvement of EPHA, the Town Council, Community Development Department
and other agencies and Town staff to ensure their participation in the preparation and
implementation of the Strategy. The development and implementation of the plan would be
grounded in data analysis and would rely on meaningful engagement of community members, the
development community, business leaders, neighborhood trustees, and various stakeholders to
craft direction for the overarching vision of how to address housing needs in Estes Valley.
One of Root Policy Research’s core strengths is comprehensive and creative community engagement
related to housing choice, preferences, and vision. To engage the community of Estes Valley in the
vision, goals, and strategy development—as well as to identify barriers in housing choice—we
propose the following:
1)Key stakeholder discussions (12) with local lending institutions, developers, affordable housing
representatives, government, businesses, and non-government organizations to identify the
issues facing Estes Valley and its housing needs.
2)Facilitated meetings with the EPHA, Community Development Department, and Town
Council (up to 6, virtual and in-person) to inform the development of vision and goals as well
as prioritize proposed strategies to address identified needs. We have budgeted for a total of
three in-person visits for such meetings.
3)A resident survey focusing on housing needs and solutions. The intent of the survey could be
to generate additional ideas and concerns individuals may not feel comfortable discussing in a
public forum. Surveys would be available in English and Spanish online through a link to
SurveyMonkey and Root would provide a printable PDF for additional distribution by the town
and its partners. Similar surveys designed by Root Policy Research have elicited resident
perspectives on:
Definition of community culture and how it relates to housing;
Desire of residents to age in place or transition to other housing options;
Concerns about residential growth and density and what this means for
neighborhoods;
Opportunities to increase quality of life or economic outcomes of residents.
Desires for housing types to accommodate residents’ life cycles, including seniors
who want to age in place or downsize and Millennials who desire to buy; and
How those housing types relate to (or fail to accommodate) desired outcomes in
housing affordability and suitability.
For each of the engagement strategies above, Root Policy Research would prepare draft discussion
guides (or surveys) for the town’s review prior to execution.
Root would also incorporate findings related to housing needs and solutions from the
Comprehensive Plan outreach process.
Deliverable: Community Engagement section of the written report in Word format. This deliverable
would include a summary of findings and figures presented in the report.
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Task III. Strategy Development and Research
In this task, the consulting team would provide guidance to the Town of Estes Park in finding
solutions to address the results of Tasks I and II. Root would answer the following questions through
this organizational strategy evaluation and research.
What options are available to address the housing needs in the study area? A review of
resources available for affordable housing creation and other housing needs. The review would
include an evaluation of existing financial resources, the types of properties that have been
funded and/or created by the town, and how funds have been used to expand housing
opportunity (Self Help Housing, rental assistance, Low Income Housing Tax Credits, USDA
514/516 Farm Labor, USDA 515 Rental Housing).
What are the regulatory barriers to production of affordable housing opportunities? An
analysis of regulatory barriers to affordable housing development including administrative,
land use, and zoning policies. This would include a best practice review of zoning strategies that
allow the market to meet emerging market demands and incentivize developments that meet
community goals and preferences.
What administrative, land use, and zoning policies should be changed? The team would
evaluate and prioritize the regulatory barriers identified for the study area based on the
housing needs identified in Tasks I and II. This analysis would help position the Town of Estes
Park to seek state funding to further examine and refine their land use code.
What potential solutions are there for policy makers, non-profit organizations and the
private sector (including residents, potential residents and developers) to consider to
address identified housing needs and problems? A review of community and stakeholder
engagement and proposed solutions collected throughout the course of the project. Potential
solutions will be presented for consideration in addressing identified housing needs and
problems.
How do strategies from DOLA’s planning grant program promote workforce, affordable
and attainable housing for very low-, low-, moderate-income households, and for middle-
income housing? An analysis of how such strategies can be scalable to meet the unique needs
of the region, including calibration of numerical targets for Estes Valley.
Deliverable: Strategy Evaluation section of the written report in Word format which summarizes the
evaluation of the presented strategies. This deliverable would include a summary of findings and an
excel file with data and figures presented in the report.
Task IV. Implementation Strategies
Based on the analysis conducted in Tasks I through III, the consulting team would advise the town
on ways to implement draft recommendations evaluated in task III to address current and future
housing needs. Strategies would be crafted carefully—and ensure that the actions taken are
meaningful, have a lasting impact, and result in outcomes that lead to change. Our
recommendations would include options for financing, physical improvements, regulatory and other
relevant implementation tools including land use policies and zoning alternatives.
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Root would focus on methods for implementation of selected strategies evaluated in Task III
including:
Strategies for the creation and implementation of housing programs and development
properties to meet the gaps identified in Task I;
Identification of potential revenue funding sources for operational subsidies for housing
programs and revenue stream to produce units to meet area’s unmet housing needs. This does
not include modeling or strategic evaluation of these potential sources.
Deliverable: Implementation Plan section of the written report in Word format. This deliverable
would include a summary of findings. This section of the report will be presented in both narrative
and graphic form to facilitate understanding and guide future development decisions.
Task V. Formulation of the Final Assessment
Root will provide a report which will be the synthesis of efforts and research into providing the town
with a workable, sound document, fine-tuned to the town’s needs and abilities to implement those
needs. We will develop a draft Estes Valley Housing Needs Assessment report and executive
summary for review by EPHA, the Town, and the public. After review, the consulting team would
meet to discuss modifications to finalize the report. We understand that the findings of the draft and
final study would be presented at public meetings. As identified in Task II Public Participation and
Outreach, Root has budgeted for up to 6 total virtual or in person meetings with EPHA, Community
Development Department and relevant Town staff, and Town Board.
Deliverable: The final product will be an electronic, searchable PDF document that is user-friendly
and easily accessible to a variety of audiences including the citizens and business community in
Estes Valley. Root will minimize technical terminology and use graphics and maps to enhance the
readability and ease-of-use of the Assessment. This deliverable would include an accessible
executive summary, brochure or poster (condensing the findings, goals, and objectives of the
Assessment), and a written report.
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STATEMENT OF QUALIFICATIONS
This section of the proposal satisfies submission requirement #5.
Root Policy Research (Root) is proposing as the prime contractor in partnership with OPS Strategies
Williford LLC and as subconsultants, both of whom have specific expertise in resort community
housing dynamics.
Root Policy Research is a women-owned consulting firm specializing in policy, economic, and
community research and planning. We work with government, nonprofit, and private sector
organizations to solve complex community challenges.
Root Policy Research was founded in 2018 by two partners at BBC Research & Consulting (BBC),
Heidi Aggeler and Mollie Fitzpatrick. Heidi joined BBC in 1998 and, during her 20 tenure at the firm,
expanded BBC’s housing division into a nationally recognized fair housing consulting practice. Mollie
has led the development of the data- and impact-modeling areas of the practice, in addition to
expanding the firm’s policy focus into the areas of childcare, education, neighborhood-level equity,
and economic mobility.
WHAT WE DO
Housing Market Studies
Strategic Plans for Housing and Community
Development
Assessments of Fair Housing/Analyses of
Impediments to Fair Housing Choice
Economic Mobility Studies
EXPERIENCE
Years of Housing Market research = 19
Years of Fair Housing planning = 17
Years of Consolidated Plan experience = 28
Years of Economic Equity Research = 11
Organize. Plan. Study. OPS Strategies, a single-person LLC, assists communities, organizations,
and landowners with strategic organization, planning, and study. OPS Strategies has worked with
counties, towns, school districts, non-profits, and landowners to identify strategic solutions that fit
community values, trends, and needs. Principal, Alex Norton, brings award-winning experience in
comprehensive planning and public engagement as well as years of experience in affordable
housing, trend analysis, growth management, and conservation development. As part of Alex's track
record of success in finding affordable housing solutions, he was the project manager and lead
author of the Jackson/Teton County Housing Action Plan. In addition to housing policy, he has
worked on housing needs assessments in resort communities in Idaho, Colorado, Nevada, and
California. He has written housing mitigation requirements. And, he has done strategic planning for
affordable housing developers.
Williford LLC. Willa Williford has turned a successful career in housing and community development
into a consulting practice that works to create and maintain economically vibrant communities.
Willa’s experience includes housing development, finance, asset management and operations in the
public and private sectors. Willa is passionate about helping communities balance values such as
environmental sustainability, design excellence, and social diversity, equity, and inclusion. In 2016,
Willa launched Williford LLC to assist private developers, non-profits, and local governments in
understanding their housing needs and implementing solutions.
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GEOGRAPHIC REACH
HOUSING MARKET STUDIES COMMUNITY ENGAGEMENT FAIR HOUSING ANALYSIS
California: Mammoth Lakes
Colorado: Aurora, Boulder,
Denver Idaho: Coeur d’Alene
Kansas: Lawrence New Mexico
Santa Fe North Dakota: Grand
Forks South Carolina: Columbia
Tennessee: Nashville Texas:
Austin Travis County Utah: Salt
Lake City
California: Bishop – Economic
Development Strategy
Colorado: Denver’s Strategic
Plan for Homelessness;
Colorado Civic Rights Division
Survey New Mexico: Las Cruces
Homeless Survey
California: Sacramento, San
Mateo County Colorado:
Aurora; Denver; Boulder
Maryland: Baltimore Missouri:
Kansas City Nevada: Las Vegas,
Reno Tennessee: Memphis
Texas: Austin, Houston
Washington: Snohomish
County, Vancouver
HUD CONSOLIDATED
PLANS
ECONOMIC AND SOCIAL
IMPACT ANALYSIS
RESIDENTIAL MARKET
RESEARCH
Arizona: Yuma California:
Sacramento, Santa Barbara, San
Diego Colorado: Boulder,
Denver, Lakewood, Jefferson
County Idaho: Pocatello, Nampa
Indiana: State of Indiana New
Mexico: Las Cruces, Santa Fe
Nevada: North Las Vegas North
Dakota: Grand Forks Oregon:
Washington County/Portland
Texas: McKinney, Carrollton
Colorado: Child Care -
Breckenridge, Telluride; Army
Post Expansion - Fort Carson;
Language Access - Westminster;
Social Sustainability- Fort Collins
Colorado and New York:
Neighborhood Economic
Potential, Seedco, Denver and
NYC Utah: State of Utah;
Economic Impact—Emily Griffith
Opportunity School CDFI Impact
Arizona: Phoenix, Scottsdale
California: Los Angeles, San
Diego Colorado: Colorado
Housing and Finance Agency,
State of Colorado; Aurora,
Denver, Eagle, Longmont,
Minnesota: Minneapolis
Oregon: Portland Washington:
Seattle Wisconsin: Madison
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RELEVANT EXPERIENCE
ROOT POLICY RESEARCH EXPERIENCE
Root Policy Research has a wealth of experience with all aspects of housing studies, including
housing market analyses, mortgage lending studies, fair housing analyses, strategic housing plans,
and Consolidated Plans for Housing & Community Development. We also excel at resident and
stakeholder engagement, data collection, and in-depth analysis. Finally, we bring decades of
experience translating study findings into actionable and effective recommendations.
We conduct customized research to identify our clients’ most pressing needs for housing,
community development, and community services. These studies result in data-driven strategic
plans that do more than simply “make a dent” or comply with federal requirements. Our research
helps communities make a difference.
Our experience conducting housing studies and policy strategies is demonstrated through
summaries of similar projects we’ve completed. The selected projects included below focus on
studies with a similar scope or geographic framework as the Estes Valley, Colorado Housing Needs
Assessment.
LAWRENCE, KANSAS HOUSING MARKET ANALYSIS
DATE: 2017-2018 TYPE: HOUSING MARKET ANALYSIS
During 2018, the Root project team worked with the City of Lawrence, Kansas on a comprehensive
housing market study to identify housing needs in the city and to inform the allocation of the city’s
new Affordable Housing Trust Fund. This study is a critical policy document as it serves as a housing
needs assessment for the City and stakeholders providing an analysis of household affordability
throughout all population segments of the community. The study highlights expected demographic
trends, future demands for housing, regulations, and obstacles preventing the market from
effectively responding to this demand, and an inventory of the assets and programs currently
available to help the community address these challenges. The study approach included two
presentations with the City’s newly established housing committee, charged with recommending
approaches to allocate the City’s new housing trust fund. We also developed a “housing needs
dashboard” and “roadmap” to guide staff and committee in implementation and measuring success.
FORT COLLINS, COLORADO HOUSING STRATEGY
DATE: 2020-2021 TYPE: HOUSING STRATEGY
Root lead the development of the City of Fort Collins, Colorado’s Housing Strategic Plan, which
includes a policy toolkit as well as prioritized actions for the city over the next five years.
Development of the plan included a great deal of collaboration with city staff, boards and
commissions, City Council and other stakeholders, all of which was facilitated by the Root team. Plan
development occurred during meeting-restrictions related to the COVID pandemic, so Root used a
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number of online meeting tools to facilitate participation and foster collaboration. Root is currently
working with the City on implementation planning, policy analysis, and outcome tracking through a
public-facing dashboard.
ARVADA, COLORADO HOUSING STRATEGY
DATE: 2019-2020 TYPE: HOUSING STRATEGY
Root completed a comprehensive market study and housing strategy for the City of Arvada in early
2020. The study included a detailed demographic and housing profile along with spatial analysis of
development patterns. Key findings identified a shortage of affordable rental units and entry-level
ownership opportunities as well as a need for increased product diversity to accommodate
emerging preference trends among
resident cohorts. The study also used
community survey results to quantify
residents’ appetite for varying levels of
density and “missing middle” product
types in their neighborhoods and the city
overall.
As part of the housing strategy, Root
created a toolkit of policy options that
were both effective in addressing
identified needs but also feasible, given
the city’s financial resources and political
landscape. The toolkit outlined pros and
cons of each option along with best
practices for implementation. Root
further evaluated the relative cost and
impact of the top recommendations for
City Council consideration (see figure at
right).
ESTES PARK VACATION HOME FEE STUDY
DATE: 2022 TYPE: HOUSING POLICY STUDY
In 2022, Root conducted an impact analysis of short term rentals in Estes Park. The primary
objective of the study was quantifying the relationship between the operation of homes in the Town
as short-term rentals (STRs) and the cost and availability of workforce housing, but the study also
included an overview of the historical housing market and economic trends in the town (to provide
context for the impact analysis. The study is founded on a rigorous methodology, which supported
an STR fee based on the identified nexus.
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TRAVIS COUNTY TEXAS, TEXAS HOUSING NEEDS ANALYSIS
DATE: 2019 TYPE: HOUSING NEEDS STUDY
In 2019, Root conducted a housing needs analysis for both the City of Austin and Travis County. This
countywide study evaluated affordability needs, market trends, and rental gaps at multiple
geographic levels including countywide, county excluding Austin (anchor city), and by ZIP code. A key
component to understanding the geographic complexity of the county was development of a ZIP
code level housing needs dashboard which identified characteristics of each ZIP (e.g.,
incorporated/unincorporated, population trends, socioeconomics) and illustrated housing cost
trends and affordability gaps. An excerpt of that model is shown below.
WESTMINSTER, COLORADO HOUSING STRATEGY
DATE: 2017-2018 TYPE: HOUSING STRATEGY
We first prepared a housing needs assessment and, following this plan, were hired to facilitate the
development of a strategic housing plan for this city. Westminster is a suburban community located
between Denver and Boulder; both of these areas are undergoing affordability challenges that
spillover to all of their surrounding communities. The needs assessment was a data-driven project
that included demographic and housing profiles, a gaps analysis, identification of housing needs,
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and recommendations. Data were presented in a highly visual format with dashboard-style
infographics for different population groups.
The strategic planning process brought together residents, housing developers (private and
nonprofit), advocates for the homeless and low-income workers, City leaders, City finance staff, City
planners, employers, and economic development officials. The committee met each month to
consider a menu of options to address housing needs. The study culminated in a housing plan that
was approved by City Council.
FORT COLLINS SUSTAINABILITY GAPS ANALYSIS
DATE: 2014 AND 2020 TYPE: HOUSING AND HUMAN
SERVICES RESEARCH
Under the umbrella of BBC Research & Consulting, Root Principals lead the development of Fort
Collins Sustainability Gaps Analysis in 2014. The study defined the characteristics of a socially
sustainable City and helped Fort Collins develop strategies to achieve this vision, focusing on
reducing poverty and increasing access to services, health care, amenities, education, and job
opportunities for all residents. Mollie Fitzpatrick and Heidi Aggeler, the two founders of Root Policy
Research were the lead project managers and analysts on the 2014 Gaps Analysis.
In 2019, Root Policy Research was contracted to update the gaps analysis across the following social
impact areas: housing, homelessness, manufactured housing communities, poverty, health
and wellness, at-risk youth and education, childcare, diversity and equity, and special
populations. In addition to quantifying needs in each issue area, Root evaluated the city’s current
resources and service delivery system to identify opportunities for additional investment.
GRAND VALLEY HOUSING NEEDS ASSESSMENT
DATE: 2021 TYPE: HOUSING ANALYSIS, STRATEGY
Root Policy completed a two-phase project to identify and quantify housing needs across the Grand
Valley. The study addresses demographic and economic conditions, housing trends and housing
gaps among special interest populations, as well analysis of barriers to housing supply. For this
study Root used an array of data sources and community engagement to analyze market conditions
and the impacts of the COVID-19 pandemic on Grand Valley’s housing market. The Grand Valley is
experiencing the tightest housing market in decades due to the continued diversification of its
economic base and transformation as a recreation and outdoor hub.
Strategy development focused specifically on the City of Grand Junction and included a toolkit of
strategies tailored to Grand Junction’s housing needs and resources as well as facilitated strategy
sessions with City Council over a series of work sessions. The process resulted in an adopted
Housing Strategic Plan and funding allocations to support implementation.
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DENVER HOUSING RESEARCH AND POLICY STUDIES
DATE: VARIOUS TYPE: HOUSING RESEARCH
Since 2003, our team has provided research and analytical support to a variety of housing research
efforts undertaken by the city’s economic development planning, and housing offices. We have
identified housing gaps in supply and demand within Denver’s rental and for-sale markets; provided
research to support the deliberations of several housing advisory committees; conducted a
comprehensive analysis of fair housing barriers that included a survey of 5,000 residents and
focus groups with 350 low- and moderate-income and special needs residents; and conducted
several HUD-required Consolidated Plans.
As part of the development of policy recommendations in the city’s housing plan, we are currently
assisting the city with an evaluation of the costs and benefits, including potential legal challenges, of
a resident preference policy to stem displacement and a density bonus incentive to produce
affordable housing through private market development.
BOULDER MIDDLE MARKET HOUSING STUDY
DATE: 2015 TYPE: HOUSING RESEARCH
For the City of Boulder, we examined trends in the
affordability of attached housing products relative
to single family detached units. In addition to a
comprehensive analysis of historical sales
records, we conducted in‐person interviews with
developers of attached housing products—both
rental and for sale—to understand the key
challenges of building affordable housing in
Boulder. We also created pro formas to measure
development costs of various attached products
now and in 15 years (see figure at right). This study
also involved a forecast of the product types that
would no longer be affordable to moderate
income households if price increases continue, as
well as an analysis of the city’s downpayment
assistance policy to determine if increasing the
amount would expand options for purchase.
“Heidi—I really enjoyed our work together, and deeply
appreciated your mastery of the data and ability to
explain it in such an accessible, objective manner.
Hope our paths cross again!” –David Driskell,
Planning Director, City of Boulder
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LARIMER COUNTY AFFORDABLE HOUSING NEEDS ASSESSMENT
DATE: 2020-2021 TYPE: HOUSING MARKET STUDY
Root Policy completed the first Affordable Housing Needs Assessment for Larimer County in
response to the County-wide Strategic Plan to reduce housing cost burden and promote quality of
life in a variety of residential contexts. The analysis included demographic and economic profiles as
well as rental and ownership market trends, needs of special population groups, and development
trends across the county. The study included analysis for the entire county but focused
recommendations on needs unique to unincorporated areas of the county.
ESTES VALLEY CHILDCARE NEEDS ASSESSMENT
DATE: 2017 TYPE: CHILDCARE AND EDUCATION
Ms. Fitzpatrick managed this study for the
Estes Valley Economic Development
Corporation. The study quantified current
and future childcare demand and
incorporated the results of comprehensive
community and employer survey effort. The
needs assessment accounted for a variety
of scenarios regarding workforce housing
and childcare investments. The project was
the first of its kind for the Estes Valley and
incorporated education and outreach as
part of the process, in addition to
presentation of findings to stakeholder
groups and Town Council.
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OPS STRATEGIES EXPERIENCE
Estes Park, CO Comprehensive Plan (ongoing)
Project: Update the Comprehensive Plan for Estes Park and the Estes Valley.
Role: Housing specialist, responsible for engaging stakeholders, data collection and analysis,
drafting, and presentation of housing section of Plan.
Teton Region, WY/ID Housing Needs Assessment & Nexus Study (2022)
Project: Housing needs assessment for Teton County, WY, Teton County, ID and northern
Lincoln County, WY. Nexus study to support housing mitigation requirements for Teton
County, WY.
Role: Data analysist, responsible for housing, jobs, and demographics data collection and
analysis, and review of nexus study methodology and calculations.
Washoe Tahoe, Nevada Housing Needs Assessment (2021)
Project: Housing needs assessment for the portion of Washoe County, NV along the north
shore of Lake Tahoe, including Incline Village.
Role: Data analysist, responsible for housing, jobs, and demographics data collection and
analysis, survey analysis, and review of presentation.
Community Development Partners Strategic Plan (2021)
Project: Five-year strategic plan for Community Development Partners, a B-Corp housing
developer.
Role: Co-facilitator and author, responsible for team interviews, designing and facilitating
strategic planning workshops, identifying success metrics from goals, and drafting,
presenting and finalizing plan.
Driggs, ID Comprehensive Plan (2020)
Project: Update the Comprehensive Plan for City of Driggs Idaho.
Role: Housing specialist, responsible for analysis of existing housing data and policy to
inform housing goals, policies, and strategies.
South Lake Tahoe Region, CA/NV Housing Needs Assessment (2019)
Project: Analysis of demographic and housing trends to identify the current housing needs in
the South Lake Tahoe Region that covers two states and includes the special jurisdiction of
the Tahoe Regional Planning Association. The analysis informs a regional housing action
plan.
Role: Data analyst, responsible for research and analysis of Federal and State data on
population, households, employment, and housing units.
Cripple Creek/Victor, CO Housing Needs and Opportunities (2019)
Project: Supply and demand analysis of housing in the small towns of Cripple Creek and
Victor, CO, to inform the towns’ establishment of policies and strategies around providing
housing opportunities for local employees.
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Role: Data analyst, responsible for research and analysis of Federal and State data on
population, households, employment, and housing units.
Jackson/Teton County, WY Affordable Housing Requirements (2018)
Project: Update the requirements in the Jackson/Teton County Land Development
Regulations regarding the amount of affordable workforce housing required when new
development occurs. Design a process that allows the community to understand the
technical and policy implications of alternative approaches so that the adoption of the
updated requirements has community buy-in.
Project Website: www.jacksontetonplan.com/161/Housing-Requirements
Role: Project Manager, responsible for designing the public outreach process, facilitating
adoption, and maintaining overall project quality and scope.
Role: Lead Author responsible for incorporating public, technical, and legal advice into the
adopted regulations.
Town of Jackson, WY Zoning Update (2016, 2018)
Project: Update the zoning for the Town of Jackson to implement the Comprehensive Plan
adopted in 2012 – first, the commercial zoning in the downtown lodging core, second, the
residential and highway commercial zoning throughout the rest of the Town.
Project Websites:
o www.jacksontetonplan.com/189/District-2-Lodging-Overlay-LDRs
o www.jacksontetonplan.com/179/Town-Zoning
Role: Contributor to public outreach process design and facilitation, analyst of impacts on
development potential, and reviewer of content., author of the Workforce Housing Incentive
Program.
Jackson/Teton County, WY Housing Action Plan (2015)
Project: Create an implementation plan for meeting the Jackson/Teton County community’s
housing goals that included a restructuring of the local Housing Authority. Utilize the data in
the 8 housing studies completed between 2007 and 2015, but overcome the analysis
paralysis to identify an actionable path forward.
Project Website: www.jacksontetonplan.com/202/Housing-Action-Plan
Role: Project Manager responsible for managing data analysis, public outreach, consultants,
policy analysis, and maintaining overall project quality and scope.
Role: Lead Author responsible for incorporating public, technical, and legal advice into the
adopted Plan.
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WILLIFORD, LLC STRATEGIC PLAN EXPERIENCE
Boulder County Regional Housing Plan
Williford LLC managed the successful creation of a regional housing strategy for Boulder County. We
led and supported a diverse stakeholder team of 15 housing professionals to create the County’s
first-ever cooperative strategy on affordable housing goals. The plan envisions boldly addressing the
local housing crisis by tripling the amount of affordable housing created and preserved over the
next 15 years. Boulder County includes nine jurisdictions, ranging from small mountain communities
to rapidly growing communities in the eastern plains, as well as the City of Boulder, which is a major
employment center, destination, and high-cost community. Over the course of a year, the group
conducted more than 30 presentations to gather feedback, hosted a summit for elected officials,
and refined the plan through numerous iterations. The plan has now been adopted by seven of the
nine jurisdictions within the region.
Eagle County School District Housing Action Plan 2020
Like many school districts and public sector employers in amenity rich/high housing cost areas,
Eagle County School District has faced serious challenges recruiting and retaining teachers and staff.
Our team helped the district understand employees’ housing needs and identify the priorities and
due diligence harness District owned land and other resources to creating housing for employees.
Whitefish Strategic Housing Plan
Williford LLC collaborated on creating an in-depth toolkit of housing solutions and provided
facilitation and technical assistance to the Chamber of Commerce and a group of 20 stakeholders to
create the first housing plan for Whitefish Montana. We supported the effort by providing analysis of
options and best-practice history from other communities. The team prioritized the available tools,
tailored them to the local conditions, and identified roles, responsibilities, and a timeline of action
steps.
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KEY PERSONNEL
This section of the proposal satisfies submission requirements #6, #7, and #8.
PRIMARY CONTACT. Mollie Fitzpatrick will act as the project director for this proposal and can
be reached on the firm’s phone number 970-880-1415 and through mollie@rootpolicy.com.
PROPOSED PROJECT TEAM. The consultant team proposed for the project draws on the
capacity and skills of each team member and subconsultant to provide maximum benefit for the
Town of Estes Park and the project as a whole.
Root Policy Research will serve as the prime contractor. Root’s Managing Director, Mollie
Fitzpatrick will serve as the primary project manager and contact. Root staff will support the
project through data analysis, engagement, and strategy development.
OPS Strategies will also provide data analysis, drawing on their current work as part of the
Estes Park Comprehensive Plan consultant team. OPS will also contribute to strategy
development, particularly related to land use planning.
Williford LLC will serve as a strategic advisor to support strategy development and
recommendations to address housing needs.
Resumes for Root staff as well as OPS and Williford principals follow.
Mollie Fitzpatrick, Root Policy Research, Managing Director
Mollie co-founded Root Policy Research in 2018 after serving as a Director at BBC Research &
Consulting and has over 10 years of experience in housing and community development. She
specializes in housing market and social impact studies that help clients understand their housing
and community development challenges, assess their community needs, and strategize meaningful
policy actions to improve their communities. Mollie serves on Denver’s Anti-Displacement Policy
Network working group and has developed housing and social equity model for numerous
communities throughout the country.
Profile of similar projects
Boulder Missing Middle Housing Study. Mollie examined housing demand and gaps in
provision of housing for Boulder’s middle-income residents, earning between 80 and 120
percent of the Area Median Income (AMI). This study identified the types of housing products
that are most affordable to middle income households and forecasted affordability of these
types under several price appreciation scenarios. This research helped city staff and City Council
establish new goals and development requirements for middle market products.
San Marcos Housing Needs Assessment. Mollie recently completed a housing needs
assessment for the City of San Marcos, which has experienced growing housing affordability
challenges related regional growth and housing shortages coupled with market disruption from
Texas State University. The study included a community and economic profile along with an
extensive housing and affordability assessment, monthly calls with the client, and several
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presentations and facilitated discussions with the task force assembled to develop
recommendations for addressing housing needs.
City and County of Denver Investment Impact (Equity) Model. Mollie developed the City’s
neighborhood dashboard to measure diversity of households and housing types and differences
in housing costs for every neighborhood in Denver and recently developed a modeling tool
designed to characterize displacement vulnerability of specific public investments and identify
tailored solutions to mitigate involuntary displacement.
Education:
M.A., Economics, University of Colorado Denver, 2010
B.S., Recreation, Park and Tourism Sciences, Texas A&M University, 2003
Heidi Aggeler, Root Policy Research, Managing Director
Heidi Aggeler started her research and consulting career as an economic analyst at the Federal
Reserve and an auditor for the Federal Deposit Insurance Corporation (FDIC). She joined her former
firm BBC Research & Consulting in 1999, became a partner in 2002, a Managing Director in 2006,
and started Root Policy Research in 2018. Heidi has been managing housing research projects since
1999, and has overseen completion of more than 50 housing market studies. Heidi is also frequently
hired to assist communities with strategic plans to achieve housing balance. Heidi is a current
member of the Denver Planning Board.
Profile of similar projects
Boulder County, Colorado Strategic Plan Facilitation. Heidi was recently asked to facilitate a
strategic planning process with city/county staff and housing authorities in Boulder County to
develop joint housing solutions. She facilitated discussions in two workshop sessions, which
provided the foundation for the first county-wide, collaborative housing plan.
City of Westminster Housing Strategy. This six month process brought together city
department representatives from economic development/housing, code enforcement, public
safety, legal, and finance; local advocates; and representatives from the residential development
field, to consider a wide variety of potential strategies to increase housing affordability and
housing choice. The committee met monthly and together produced recommendations that
were adopted by City Council and became the basis for the housing department’s five-year
workplan.
Las Cruces, New Mexico Housing Needs Strategic Plan and Best Practices Analysis. Heidi
assisted the City of Las Cruces’ Ad Hoc Committee on Affordable Housing develop
recommendations for better addressing the city’s housing needs. The study involved a
comprehensive analysis of best practices in other communities covering housing trust funds,
inclusionary zoning, shared equity models, land trusts, land banking, and zoning reforms.
Education:
M.P.A., Policy Analysis, Humphrey Institute, University of Minnesota, 1997
B.A., Accounting, University of Utah, 1992
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20
Avilia Bueno, Root Policy Research, Associate
Avilia Bueno is an economist, specializing in labor and community development. Prior to joining
Root Policy, she held a number of positions at the University of Colorado Boulder, varying from
teaching Microeconomics to working with the College of Arts and Science on research projects.
Originally from the mountainous desert of El Paso/Ciudad Juárez, Avilia is fluent in Spanish and
enjoys analyzing complex relationships with the help of data. She also worked for the Federal
Reserve Bank of Dallas as a Senior Research Analyst, conducting research on the U.S.-Mexico border
economy. She is a Ph.D. candidate in Economics at the University of Colorado: Boulder.
Education:
M.A., Economics, University of Colorado: Boulder, 2017
M.S., Economics, University of Texas: El Paso, 2013
B.B.A., Economics and Marketing, University of Texas: El Paso, 2010
Julia Jones, Root Policy Research, Associate
Julia is an AICP Certified Planner and multi-faceted analyst with data modeling, data analysis, GIS,
and graphic design skills. She brings a keen sense of understanding to the technical and underlying
issues that permeate affordable housing policy and implementation. With a background in planning,
Julia brings a unique perspective to her areas of interest which include housing policy, equitable
community development, fair housing issues, and the intersection of land use planning and housing
affordability.
Education:
Bachelor of Urban Planning, University of Cincinnati, 2017
Frankie Lewington, Root Policy Research, Research Associate
Frankie Lewington is a research analyst with policy analysis, GIS, coalition management, and
graphic design skills. He has over five years of experience at the local and regional government
levels in regional policy, community engagement, and strategic communications. Prior to
joining Root Policy, he worked at Metro, greater Portland’s metropolitan planning organization,
on several housing, land use, and transportation projects and programs. He also managed a
multi-stakeholder coalition focused on catalyzing development of small-format housing options
throughout the state of Oregon. Frankie has a Certificate in Tribal Relations from Portland State
University.
Education:
Master of Urban Planning, University of Illinois at Urbana-Champaign, 2021
B.S., Planning, Public Policy and Management, University of Oregon, 2013
Page 150
21
Willa Williford
Willa Williford has turned a successful career in housing and community development into a consulting
practice that works to create and maintain economically vibrant communities. Willa’s experience includes
housing development, finance, asset management and operations in the public and private sectors. Willa
is passionate about helping communities balance values such as environmental sustainability, design
excellence, and social diversity, equity, and inclusion. In 2016, Willa launched Williford LLC to assist
private developers, non-profits, and local governments in understanding their housing needs and
implementing solutions.
PROFESSIONAL EXPERIENCE
Principal, Founder 2016 - Present
Williford LLC Crested Butte, Colorado
Consultant with a focus on housing market analysis, planning, development, and policy solutions. Recent
projects include:
Housing Needs Assessments Housing Strategic Plans Development of Housing
Mammoth Lakes, CA Avon, CO Anthracite Place, Crested Butte
Whitefish, MT Boulder Housing Partners, CO Paradise Park, Crested Butte
Gunnison Valley, CO Pagosa Housing Partners, CO Lazy K Ranch, Gunnison
Eagle River Valley, CO Mammoth Lakes Housing Inc, CA Hot Springs Blvd, Pagosa Springs
Grand County, CO Town of Minturn, CO Sunshine Peaks, Montrose
South Lake Tahoe, CA Grand County Housing Authority, CO Maxfield Heights, Rifle
Sterling/Logan County, CO Lake County Build a Generation, CO Garden Walk, Gunnison
Alamosa, CO Whitefish Chamber of Commerce, MT Whetstone, Gunnison County
San Luis Valley, CO Gunnison Regional Valley HA, CO 6th and Butte, Crested Butte
Craig, CO South Lake Tahoe, CA Residences at Delta, Delta
Greater Teton, WY and ID Housing Resources of Western
Colorado, CO
Hinsdale County/Forest Service
Collaboration, Lake City
Hayden, CO Clear Creek County, CO Lupine Luna, San Luis
Fraser Valley, CO City of Alamosa, CO Brown Ranch, Steamboat Springs
Montrose, CO Anvil Mountain, Silverton
San Luis Valley, CO
Housing Director 2012 – 2016
Boulder County Boulder, Colorado
Responsible for strategic planning, housing operations, and development of new affordable housing,
including managing a team of 68 employees and an annual budget of $20 million. Accomplishments
included: growing the inventory of affordable housing by 500 units, purchasing 23 acres of land for future
development, disposing of non-performing assets, refinancing and repositioning 320 units, and cultivating
sustainable program revenue sources.
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22
Director of Asset Management and Portfolio Operations 2008 – 2012
Boulder Housing Partners Boulder, Colorado
Responsible for operations and asset management of a 1,000-unit affordable housing portfolio and
leadership of a team of 30 employees.
Business Development Associate 2005 – 2008
US Bank - Community Development Corp Denver, Colorado
Responsible for business development and analysis of proposed Low Income Housing Tax Credit (LIHTC)
investments in markets across the western United States. Closed over $100 million in successful
transactions.
Housing Development Planner 2001 - 2005
Boulder Housing Partners Boulder, Colorado
Responsible for acquisition and development of affordable and workforce housing to be owned and
managed by the local Housing Authority. Developments included public private partnerships, mixed use,
rentals, and homeownership.
EDUCATION
Master of Urban and Regional Planning, December 2005
University of Colorado, Denver, Colorado
Bachelor of Arts, Political Science, May 2000
Reed College, Portland, Oregon
COMMUNITY INVOLVEMENT
Willa has served numerous professional and community organizations with her time, including:
* Colorado Housing and Finance Authority, Technical Review Group member
* City of Boulder Planning Board, board member
* Housing Colorado, volunteer, various committees
* Colorado Chapter - American Planning Association, writing contributor
* Mountain Plains Chapter – National Association of Housing and Redevelopment Officials
* Historic Boulder, board member
* Safehouse Progressive Alliance for Nonviolence, board member and volunteer
* I Have a Dream Foundation, Boulder County, volunteer
* Crested Butte Land Trust, committee memebr
* Stepping Stones Children’s Center, board member and volunteer
* Black Lives Matter Community Coalition, board member and volunteer
Page 152
23
Page 153
24
PROJECT SCHEDULE
This section of the proposal satisfies submission requirement #9.
A detailed schedule by task in shown in the following figure. At project initiation, we would refine the
schedule to best accommodate town staff’s needs.
CLIENT REFERENCES
This section of the proposal satisfies submission requirement #10. Reference contact info is below: project
descriptions are included in the “Relevant Experience” section.
TAMRA ALLEN
COMMUNITY
DEVELOPMENT DIRECTOR
CITY OF GRAND JUNCTION, CO
Phone: (970) 256-4023
Email: tamraa@gjcity.org
MEAGHAN OVERTON
HOUSING MANAGER
CITY OF FORT COLLINS, CO
Phone: (970) 416-2283
Email: moverton@fcgov.com
JACKIE WILLIAMSON
TOWN CLERK
TOWN OF ESTES PARK, CO
Phone: (970) 577-4771
Email: jwilliamson@estes.org
Task 2: Public participation and outreach
Key stakeholder discussions
Facilitated meetings
Resident survey
Task 3: Strategy Development and Research l
Task 4: Implementation strategies
Task 5: Formulations of the final assessment
Draft Report
Final Report
Presentations
Deliverable
Meeting
Task 1: Background analysis, inventory, and
evaluation of existing conditions
Task 2022
June July August Oct NovSept
Page 154
25
COMPLIANCE STATEMENT &
COMPLETED EXHIBITS
This section of the proposal satisfies submission requirement #11 and #12.
Root understands the conditions and requirements presented in the RFP and acknowledges receipt
of all addenda. As requested, completed copies of Exhibits 1 and 2 are included with our proposal
(on the following pages).
Page 155
Estes Park Housing Needs Assessment & Strategic Plan RFP 19
EXHIBIT 1 TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT
No employee, elected or appointed official of the Town of Estes Park, or any such person’s
spouse or dependent child has an existing or pending, direct or indirect, financial, ownership or
personal interest in the proposing Consultant of this Request for Proposal, except as follows:
I/we hereby agree to all instructions, terms and conditions, and specifications contained herein:
I/we acknowledge receipt of the following Addenda:
Proposing Consultant
Address
Telephone Number
Submitted by (signature)
Printed Name
Title
Date
Addendum I
Root Policy Research
6740 East Colfax Avenue, Denver, CO 80220
970-880-1415
Mollie Fitzpatrick
Managing Director
04/01/2022
Page 156
Estes Park Housing Needs Assessment & Strategic Plan RFP 20
EXHIBIT 2 TOWN OF ESTES PARK
REFERENCE AUTHORIZATION AND RELEASE FORM
To:
A Corporation
By: , A
Partnership whose address is
(Proposer) An Individual
Proposer hereby authorizes Town to perform such investigation of proposer as the
Town deems necessary to establish the qualifications, responsibility and financial
ability of proposer. By its signature hereon, proposer authorizes owner to obtain
reference information concerning proposer and releases the party providing such
information named above and the Town from any and all liability to proposer as a
result of any such reference information provided.
Proposer further waives any right to receive copies of reference information
provided to the Town. An executed copy of this Reference Authorization and Release
Form may be used with the same effectiveness as an original.
By:
Print Name:
Title:
Date:
Town of Estes Park
Root Policy Research
6740 East Colfax Avenue, Denver, CO 80220
Root Policy Research - Mollie Fitzpatrick
Mollie Fitzpatrick
Managing Director
04/01/2022
Page 157
Page 158
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 10, 2022
RE: 2022 Merit Increase of 2% for Town Administrator Machalek per
Employment Agreement
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Merit Increase
QUASI-JUDICIAL YES NO
Objective:
To consider a merit increase for Town Administrator Machalek per his employment
contract with the Town.
Present Situation:
The Town Board conducted an annual evaluation of Town Administrator Machalek’s
performance during an executive session held on March 22, 2022. Section 17
Performance Evaluations of the employment agreement outlines that as part of the
evaluation, the Town Board may approve a merit pay increase to the employee’s annual
base salary not to exceed the percentage of merit pay increase available to all Town
employees.
The Town Board, as part of the annual budget adoption, approved a 2% merit pool for
all employees. Employee performance is reviewed annually on the employee’s
anniversary date and based on the review a merit increase, if available, is determined
and added to the employee’s pay rate/salary.
Proposal:
The Town Board may consider approving a 2% increase to the base pay for Town
Administrator Machalek that would go into effect on the payroll following his anniversary
date of April 20, 2022.
Advantages:
The merit increase would be consistent with the employee’s agreement.
Page 159
Disadvantages:
The employee would not be afforded a merit increase and would fall behind in
compensation in comparison to the other employees of the Town.
Action Recommended:
To approve the 2% merit increase for Town Administrator Machalek.
Finance/Resource Impact:
Low.
Level of Public Interest
Outline the known or perceived interest by the public, i.e., high interest, item initiated by
contact from the public or groups, etc.
Sample Motion:
I move to approve a 2% merit increase for Town Administrator Machalek.
Attachments:
None.
Page 160
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 10, 2022
RE: Resolution 40-22 New Optional Premise Liquor License Application for
Estes Valley Recreation and Park District dba Estes Park Golf Course,
1482 Golf Course Road, Estes Park, Colorado
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Approval of a new Optional Premise Liquor License Application filed by Estes Valley
Recreation and Park District dba Estes Park Golf Course.
Present Situation:
An application for a new Optional Premise liquor license was received by the Town
Clerk’s office on April 8, 2022. All necessary paperwork and fees were submitted;
please see the attached Procedure for Hearing on Application – New Liquor License for
additional information. The applicant is aware of the Town Board’s Training for
Intervention Procedures (TIPS) requirement and has completed the training for the
management staff. The golf course has been included as an optional premise to the
current Hotel and Restaurant liquor license issued for the Hanger Restaurant. A
Modification of Premise for the current license has been submitted with the new
Optional Premise license to permanently remove the optional premise from the existing
license.
Proposal:
To present the application for the Town Board’s review and consideration for a new
Optional Premise liquor license. The approval would allow the Estes Valley Recreation
and Park District to operate the golf cart service on the golf course under a separate
and distinct liquor license. The current managers of the Hanger would continue to
provide restaurant services only under the current license.
Advantages:
Approval of the license provides the business owner with the opportunity to operate a
liquor-licensed establishment in the Town of Estes Park.
Page 161
Disadvantages:
The owner is denied a business opportunity to serve alcohol to patrons.
Action Recommended:
Approval of the new Optional Premise Liquor license at 1482 Golf Course Road, Estes
Park, Colorado, filed by Estes Valley Recreation and Park District dba Estes Park Golf
Course.
Finance/Resource Impact:
The fee paid to the Town of Estes Park for a new Optional Premise Liquor license is
$1319. The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for an Optional Premise Liquor license is $869.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny Resolution 40-22.
Attachments:
1. Resolution 40-22
2.Procedure for Hearing
3.Application
4.Individual History
5.Police Report
Page 162
RESOLUTION 40-22
A RESOLUTION PERMITTING A NEW OPTIONAL PREMISE
LIQUOR LICENSE APPLICATION FOR ESTES VALLEY RECREATION AND PARK
DISTRICT DBA ESTES PARK GOLF COURSE
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 May 10, 2022 for a
New Optional Premise Liquor License, filed by Estes Valley Recreation and Park District
dba Estes Park Golf Course, 1482 Golf Course Road, Estes Park, Colorado; and
WHEREAS, § 44-3-301(2)(a), C.R.S. requires the licensing authority to 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 new Optional Premise Liquor License, filed by Estes Valley Recreation and Park
District dba Estes Park Golf Course, 1482 Golf Course Road, Estes Park, Colorado is
hereby approved.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 163
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
Valley Recreation and Park District dba Estes Park Golf Course for a new
Optional Premise Liquor License located at 1482 Golf Course Road, Estes Park,
Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2.TOWN CLERK. Will present the application and confirm the following:
The application was filed April 8, 2022.
At a meeting of the Board of Trustees on April 26, 2022, the public hearing was
set for 7:00 p.m. on Tuesday, May 10, 2022.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 5.0 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as an Association or Other.
The property is zoned CO – Commercial Outlying which allows this
type of business as a permitted use.
The notice of hearing was published on April 29, 2022 .
Attachment 2
Page 164
2
The premises was posted on April 28, 2022 .
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled Scheduled * X 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:
I move that Resolution XX-22 be approved/denied for a new Optional Premise liquor
license for Estes Valley Recreation and Park District dba Estes Park Golf Course,
Estes Park, Colorado.
Page 165
DR 8404 (12/29/21)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
(303) 205-2300
Colorado Liquor
Retail License Application □New License 181 New-Concurrent D Transfer of Ownership 0 State Property Only □ Master file
•All answers must be printed in black ink or typewritten
•Applicant must check the appropriate box(es)
•Applicant should obtain a copy of the Colorado Liquor and Beer Code: SBG.Colorado.gov/Liquor
1.Applicant is applying as a/an 0 Individual □Limited Liability Company � Association or Other D Corporation □ Partnership (includes Limited Liability and Husband and Wife Partnerships)
2.Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation
Estes Valley Recreation and Park District
2a. Trade Name of Establishment (DBA) I State Sales Tax Number
Estes Park Golf Course (970)586-8146
3.Address of Premises (specify exact location of premises, include suite/unit numbers)
1482 Golf Course Road
City County State ZIP Code
Estes Park Larimer co 80517
4.Mailing Address (Number and Street)City or Town State ZIP Code
PO Box 1379 Estes Park co 80517
5.Email Address
info@evrpd.com
6. If the premises currently has a liquor or beer license, you must answer the following questions
Present Trade Name of Establishment (DBA) I Present Stale License Number I Present Class of License Present Expiration Date
Section A Nonrefundable Appllcatlon Fees* Section B (Cont.) Liquor License Fees*
D Application Fee for New Llcense ............................................ $1,100.00 D Liquor-Licensed Drugstore (County) .................................................. $312.50
� Application Fee for New License w/Concurrent Review ............ $1,200.00 D Lodging & Entertainment -L&E (City) ................................................. $500.00 D Application Fee for Transfer ................................................... $1, 100.00 D Lodging & Entertainment-L&E (County) ........................................... $500.00
Section B Liquor License Fees* D Manager Registration -H & R ................................................................ $75.00
0 Add Optional Premises to H & R ......... $100.00 X Total D Manager Registration -Tavern ............................................................... $75.00 D Manager Registration -Lodging & Entertainment.. .............................. $75.00 D Add Related Facility to Resort Complex$75.00 X Total D Manager Registration -Campus Liquor Complex ............................... $75.00 0 Add Sidewalk Service Area .................................................................... $75.00 � Optional Premises License (City) ......................................................... $500.00 D Arts License (City) ................................................................................ $308.75 D Optional Premises License (County) ................................................... $500.00 D Arts License (County) .......................................................................... $308.75 D Racetrack License (City) ....................................................................... $500.00 D Beer and Wine License (City) .............................................................. $351.25 D Racetrack License (County) ................................................................. $500.00 D Beer and Wine License (County) ........................................................ $436.25 D Resort Complex License (City) ............................................................. $500.00 D Brew Pub License (City) .................................................................... $750.00 D Resort Complex License (County) ....................................................... $500.00 D Brew Pub License (County) ................................................................. $750.00 D Related Facility-Campus Liquor Complex (City) .............................. $160.00 D Campus Liquor Complex (City) ........................................................... $500.00 D Related Facility-Campus Liquor Complex (County) ........................ $160.00 D Campus Liquor Complex (County) ..................................................... $500.00 D Related Facility-Campus Liquor Complex (State) ............................ $160.00 D Campus Liquor Complex (State) ......................................................... $500.00 D Retail Gaming Tavern License (City) ................................................... $500.00 D Club License (City) ............................................................................... $308.75 D Retail Gaming Tavern License (County) .............................................. $500.00 D Club License (County) ........................................................................ $308.75 D Retail Liquor Store License-Additional (City) ...................................... $227.50 D Distillery Pub License (City) ................................................................. $750.00 D Retail Liquor Store License-Additional (County) ................................ $312.50 D Distillery Pub License (County) ........................................................... $750.00 D Retail Liquor Store (City) ....................................................................... $227.50 D Hotel and Restaurant License (City) ................................................... $500.00 D Retail Liquor Store (County) ................................................................. $312.50 D Hotel and Restaurant License (County) ............................................ $500.00 D Tavern License (City) .......................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (City) ................. $600.00 D Tavern License (County) .................................................................... $500.00 D Hotel and Restaurant License w/one opt premises (County) ............ $600.00 D Vintners Restaurant License (City) ...................................................... $750.00 D Liquor-Licensed Drugstore (City) ....................................................... $227.50 D Vintners Restaurant License (County) ................................................. $750.00
*Note that the Division will not accept cash
Questions? Visit: SBG.Colorado.gov/Liquorfor more information
Do not write in this space -For Department of Revenue use only
Liability Information
License Account Number I Liability Date !License Issued Through (Expiration Date) Total
$
Attachment 3
Page 166
DR 8404 (12129/21)Application Documents Checklist and Worksheet
Instructions:This checklist should be utilized to assist applicants with filing all required documents for licensure.
All documents must be properly signed and correspond with the name of the applicant exactly.All documents must be typed
or legibly printed.Upon final State approval the license will be mailed to the local licensing authority.Application fees are
nonrefundable.Questions?Visit:SBG.Colorado.gov/Liquor for more information
Items submitted,please check all appropriate boxes completed or documents submitted
Applicant information
El A.ApplicanULicensee identified
Fl B.State sales tax license number listed or applied for at time of application
C.License type or other transaction identified
D.Return originals to local authority (additional items may be required by the local licensing authority)
El E.All sections of the application need to be completed
El F.Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Re
tail License Application
II.Diagram of the premises
E A.No larger than 8 112”X 11’
B.Dimensions included (does not have to be to scale).Exterior areas should show type of control (fences,
walls,entry/exit points,etc.)
El C.Separate diagram for each floor (if multiple levels)
El D.Kitchen -identified it Hotel and Restaurant
E.Bold/Outlined Licensed Premises
Ill.Proof of property possession (One Year Needed)
El A.Deed in name of the applicant (or)(matching question #2)date stamped /filed with County Clerk
El B.Lease in the name of the applicant (or)(matching question #2)
El C.Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant
D.Other agreement if not deed or lease.(matching question #2)
IV.Background information (DR 8404-I)and financial documents
El A.Complete DR 8404-I for each principal (individuals with more than 10%ownership,officers,directors,
partners,members)
El B.Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor.
Do not complete fingerprint cards prior to submitting your application.
The Vendors are as follows:
IdentoGO —https://uenroll.identogo.corn!Phone: 844-539-5539 (toll-free)
Colorado Fingerprinting —httpi/www.coloradofingerp tinting.corn
Appointment Scheduling Website:hftp:/!www coloradofingerp tinting.corn/cabs!
Phone:720-292-2722 Toll Free:833-224-2227
Details about the vendors and fingerprinting
in Colorado can be found on CBIs website here:
https:llcbi.colorado.gov/sections/biometdc-identification-and-records-unit/employrnent-and-backg round-checks
El C.Purchase agreement,stock transfer agreement,and/or authorization to transfer license
El D.List of all notes and loans (Copies to also be attached)
V.Sole proprietorlhusband and wife partnership (if applicable)
El A.FormDR4679
El B.Copy of State issued Driver’s License or Colorado Identification Card for each applicant
VI.Corporate applicant information (if applicable)
El A.Certificate of Incorporation
E1 B.Certificate of Good Standing
El C.Certificate of Authorization if foreign corporation (out of state applicants only)
VII.Partnership applicant information (if applicable)
El A.Partnership Agreement (general or limited).
El B.Certificate of Good Standing
VIII.Limited Liability Company applicant information (if applicable)
El A.Copy of articles of organization
El B.Certificate of Good Standing
El C.Copy of Operating Agreement (if applicable)
El D.Certificate of Authority if foreign LLC (out of state applicants only)
IX.Manager registration for Hotel and Restaurant,Tavern,Lodging &Entertainment,and Campus Liquor
Complex licenses when included with this applicationllA.$75.Oofee
El B.Individual History Record (DR 8404-I)
El C.If owner is managing,no fee required
2
Page 167
DR 8404 (12/29/21)
Name Type of License Account Number
7.Is the applicant (including any of the partners if a partnership;members or managers if a limited liability company;or officers,
Yes No
stockholders or directors if a corporation)or managers under the age of twenty-one years?
8.Has the applicant (including any of the partners if a partnership;members or managers if a limited liability company;or officers,
stockholders or directors if a corporation)or managers ever (in Colorado or any other state):
a.Been denied an alcohol beverage license?
b.Had an alcohol beverage license suspended or revoked?
c.Had interest in another entity that had an alcohol beverage license suspended or revoked?
If you answered yes to 8a,b or c,explain in detail on a separate sheet.
9.Has a liquor license application (same license class),that was located within 500 feet of the proposed premises,been denied within the fl
preceding two years?If ‘yes,explain in detail.
____________________________________________________________________________
10.Are the premises to be licensed within 500 feet,of any public or private school that meets compulsory education requirements of
Colorado law,or the principal campus of any college,university or seminary?or
Waiver by local ordinance?
Other:
____________________
11. Is your Liquor Licensed Drugstore (LLDS)or Retail Liquor Store (RLS)within 1500 feet of another retail liquor license for off-premises
sales in a jurisdiction with a population of greater than (>)10,0000?NOTE:The distance shall be determined by a radius measurement
that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door-L Fi
way of the Licensed LLDS/RLS.
12.Is your Liquor Licensed Drugstore (LLDS)or Retail Liquor Store (RLS)within 3000 feet of another retail liquor license for off-premises
sales in a jurisdiction with a population of less than (<)10,0000?NOTE:The distance shall be determined by a radius measurement
that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal
doorway of the Licensed LLDS/RLS.
13 a.For additional Retail Liquor Store only.Was your Retail Liquor Store License issued on or before January 1,2016?
13 b.Are you a Colorado resident?
14.Has a liquor or beer license ever been issued to the applicant (including any of the partners,if a partnership;members or manager if a
Limited Liability Company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any
current financial interest in said business including any loans to or from a licensee.
15.Does the applicant,as listed on line 2 of this application,have legal possession of the premises by ownership,lease or other
arrangement?
Ownership Lease 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
Town of Estes Park
b.Is a percentage of alcohol sales included as compensation to the landlord?If yes, complete question 16.
c.Attach a diagram that designates the area to be licensed in black bold outline (including dimensions)which shows the bars,brewery,walls,
partitions,entrances,exits and
what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2”X 11”.
16.Who,besides the owners listed in this application (including persons,firms,partnerships,corporations,limited liability companies)will loan orgive 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 or SSN Interest/Percentage
N/A
Last Name First Name Date of Birth FEIN or SSN Interest/Percentage
Estes Valley Recreation &Park District IIQ
Attach copies of all notes and security instruments and any written agreement or details of any oral agreement,by which any person (including
partnerships,corporations,limited liability companies,etc.)will share in the profit or gross proceeds of this establishment,and any agreement
relating to the business which is contingent or conditional in any way by volume,profit,sales,giving of advice or consultation.
17.Optional Premises or Hotel and Restaurant Licenses with Optional Premises:
Has a local ordinance or resolution authorizing optional premises been adopted?
I1 D
Number of additional Optional Premise areas requested.(See license fee chart)I
18.For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4),include a diagram of the service area and documentation received from
the local governing body authorizing use of the sidewalk.Documentation may include but is not limited to a statement of use,permit,easement,or
other legal permissions.
19.Liquor Licensed Drugstore (LLDS)applicants,answer the following:
a.Is there a pharmacy,licensed by the Colorado Board of Pharmacy, located within the applicant’s LLDS premise?E D
If “yes”a copy of license must be attached.
3
Page 168
DR 8404 (12/29/21)
Name I Type of License Account Number
20.Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No
a. Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? □□
b.Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the □ □ object of a patriotic or fraternal organization or society, but not for pecuniary gain?
c.How long has the club been incorporated?
d.Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? □ □
21.Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer the following:□ □ a.Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached)
22.Campus Liquor Complex applicants answer the following:
a.Is the applicant an institution of higher education?□ □
b. Is the applicant a person who contracts with the institution of higher education to provide food services?□ □ If "yes" please provide a copy of the contract with the Instituti on of higher education to provide food services.
23.For all on-premises applicants.
a.Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an
Individual History Record
-DR 8404-1 and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details.
b. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application
-DR 8000 and fingerprints.
Last Name of Manager I First Name of Manager
Looan Austin
24.Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Yes No
Colorado? If yes, provide name, type of license and account number.□�
25.Related Facility -Campus Liquor Complex applicants answer the following:□ □
a.Is the related facility located within the boundaries of the Campus Liquor Complex?
If yes, please provide a map of the geographical location within the Campus Liquor Complex.
If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex.
b.Designated Manager for Related Facility-Campus Liquor Complex
Last Name of Manager I First Name of Manager
26.Tax Information.Yes No
a.Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the
payment of any state or local taxes, penalties, or interest related to a business?
b.Has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any □ �other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section
44-3-503, C.R.S.?., ..
27.If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners,
and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more In the
applicant. All persons listed below must also attach form DR 8404-1 (Individual History Record), and make an appointment with an approved
State Vendor through their website. See application checklist, Section IV, for details.
Name Home Address, City & State DOB Position %Owned
Scott Dorman 1335 Kinnikinnic Ct, Estes Park CO Board President 0
Name Home Address, City & State DOB Position %Owned
Stanley C. Gengler 1120 Fairway Club Ln, Estes Park, CO Vice President 0
Name Home Address, City & State DOB Position %Owned
August Holmquist 650 Whispering Pines, Estes Park, CO Board Treasurer 0
Name Home Address, City & State DOB Position %Owned
Sarah Metz 2635 Sunrise Ct, Estes Park, CO Board Secretary 0
Name Home Address, City & State DOB Position %Owned
Heather Gooch 1557 Dunraven Glade, Glen Haven.CO At-Large 0
-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.
4
Page 169
DR 8404 (12/29/21)
Name Type of License Account Number
Oath Of Applicant
I declare under penalty of perjury in the second degree that this application and all attachments are twe,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 Printed Name and Title Datef%__%1O Tom Carosello,Executive Director 4/7/2022
Report and Approval of Local Licensing Authority (City/County)
Date application filed with local authority Date of local authority hearing (for new license applicants;cannot be less than 30 days from date of application)
‘RE?1L-
The Local Licensing Authority Hereby Affirms that each person required to file D 8404-I (Individual History Record)or a DR 8000 (Manager Permit)has
been:
E Fingerprinted
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)
Date of inspection or anticipated date
_______________________
Will conduct inspection upon approval of state licensing authority
Is the Liquor Licensed Drugstore fLLDS)or Retail Liquor Store fRLS)within 1,500 feet of another retail liquor license for off-Yes No
premises sales in a jurisdiction with a population of>10,0000?fl D
Is the Liquor Licensed Dmgstore(LLDS)or Retail Liquor Store (RLS)within 3,000 feet of another retail liquor license for off-
premises sales in a jurisdiction with a population of <10,0000?
NOTE:The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises
for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS.
E Does the Liquor-Licensed Drugstore (LLDS)have at least twenty percent (20%)of the applicant’s gross annual income derived
from the sale of food,during the prior twelve (12)month period?
The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory.We do
report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants,and will comply
with the provisions of Title 44,Article 4 or 3,CR3.,and Liquor Rules.Therefore,this application is approved.
Local Licensing Authority for Telephone Number E Town,City
ü County
Signature Print Title Date
Signature Print Title Date
5
Page 170
DR 8495 (07/23/19)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
Tax Check Authorization, Waiver,
and Request to Release Information
I, Tom Carosella, Executive Director am signing this Ta x Check Authorization, Waiver and Request to Release
Information (hereinafter "Waiver'') on behalf of Estes Valley Recreation & Park District (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 Colora do 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)
Estes Valley Recreation & Park District dba Estes Park Golf Course
Address
660 Community Drive
City
Estes Park
I Social Security Numcation Number
I State
co IZip
Home Phone Number
(970)481-1354
!Business/Work Phone Number · (970)586-8191
Printed name of person signing on behalf of the ApplicanULicensee
Tom Carosella, Executive Director
Applicant/Licensee's Signature (Signature authori�e disclosure of confidgntial tax information)
V v'W'-('; ---1_1'-
·Privacy Act Statement
!Date signed
04/07/2022
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 uses§ 552a (note).
Page 171
/ESIES VALLEY
Recreation &Park District
District Administration Office
660 Community Drive,P.O.Box 1379,Estes Park,Colorado 80517
WWW.EVRPD.COM
Estes Valley Recreation and Park District -Estes Park Golf Course
Colorado Liquor Retail License Application
Response to Question #14 (Form DR 8404)
Has a liquor or beer license ever been issued to the applicant (including any of the partners,if a
partnership;members or manager if a Limited Liability Company;or officers,stockholders or
directors if a corporation)?If yes,identify the name of the business and list any current financial
interest in said business including any loans to or from a licensee.
Yes.
Liquor License Number:4707896
Expiration:July 12,2022
License Type:Hotel &Restaurant!Optional (City)
Issued to:Estes Valley Rec &Park District;Smokin Daves LLC
dba Hangar Restaurant at Estes Park Golf Course
1480 Golf Course Road,Estes Park,CO 80517-7403
Liquor License Number:0320312-001
Expiration:March 6,2022 (in process of renewal)
License Type:Fermented Malt Beverage,on premises (City)
Issued to:Estes Valley Rec &Park District
dba Lake Estes Golf Course
690 Big Thompson Avenue,Estes Park,CO 80517
Page 172
-
All
This building
included
other area around
Page 173
0 ‘
-
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1
)
0
0C
wC
Page 174
DR 8404-I (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 Cellular Number
Estes Valley Recreation and Park District 970-586-8652 970-672-7676
2.Your Full Name (last,first,middle)3.List any other names you have used
Dorman,Scott,Aaron
4.Mailing address (if different from residence)Email Addr ss
cott@EVRPD.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 1335 Kinnikinnic Ct Estes Park,CO 1/01/1997 Present
Previous -
6.List all employment within the last five years.Include any self-employment.(Attach separate sheet if necessary)
Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To
Retired 7/2/2016 Present
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
8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money,
furniture,fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)Yes .‘No
9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you
applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes ‘No
Page 175
DR 8404·1 (03120/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes l&JNobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes !BJ Nodeferred sentence? (If yes, explain in detail.)
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 reouired in ouestion #13 is solelv for identification ourooses.
I I13 c. Place of Birth Troy, NY d. U.S. Citizen �Yes 0Noe.If Naturali zed, state where f.When g. Name of District Courth. Naturalization Certificate Number i.Date of Certification j. lfanAlien, Give Alien's Registration Card Numberlk.Permanent Residence Card NumberI.Height I m. Weight In.Hair Color o. Eye Color173 5
• 911 brown/grey Blue 1P-GenderMale I q. Do you have a current Driver's License/ID? If so, give number and state. � Yes D No # state Colorado 14.Financial Information.a. Total purchase ��A or investment being made by the applying entity, corporation, partnership, limited liability company, other.$b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ N/A•If corporate Investment only please skip to and complete section (d)** Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)Type: Cash, Services or Equipment Account Type Bank Name
N/A N/A N/A
Amount
N/A
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
N/A N/A N/A N/A N/A
e.Loan Information (Attach copies of all notes or loans)Name of Lender Address Term Security Amount
N/A N/A N/A N/A N/A
Oath of Applicant I declar.e under oenaltv of =riurv that this annlication and all attachments are true correct and comolete to the best of mv knowledoe. ��nature � I Print Signature . /Ji eL-u...., ( L�'-'-Scott Aaron Dorman ITitle Board President �ate /29/2022
Page 176
DR 8404-I (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 Cellular Number
Estes Valley Recreation and Park District 970-213-7283
2.Your Full Name (last,first,middle)3. List any other names you have used
Gengler,_Stanley_C
4.Mailing address (if different from residence)Email Address
stan@evrpd.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
1120 Fairway Club Lane Estes Park,CO 80517 1
Previous
6.List all employment within the last five years.Include any self-employment.(Attach separate sheet if necessary)
Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To
Retired ‘7_o)\?‘-
7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or Ioaneo money,
furniture,fixtures,eciuipment or inventory to any licensee?(If yes,answer in detail.)‘‘Yes No
Name of Relative
NA
Relationship to You Position Held Name of Licensee
For Estes Valley Recreation and Park District
9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you
applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes ‘‘No
Page 177
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes �Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes �Nodeferred sentence? (If yes, explain in detail.)
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 personalinformation reauired in auestion #13 is solelv for identification purposes. 13a. Date of Birth b. Social Security Number c. Place of Birth �Yes □No it KS e.state where f.When g.Name of District Court
I Bello ,
I d. U.S. Citizen
h. Naturali zation Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number I k. Permanent Residence Card Number
I.Height Im. Weight In. Hair Color6'2" 225 white o.Eye Color
blue IP· Gender Male I q. � Do Yes you D have No a # curree/ID? If State so, give number CO and state.
14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation , partnership, limited liability company, other.$ NA
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ NA
* If corporate investment only please skip to and complete section (d)•• Section b should reflect the total of sections c and e
c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
NA
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
NA
e.Loan Information (Attach copies of all notes or loans)Name of Lender Address Term Security Amount
NA
Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of mv knowledae.Aut){;/ �ignare/j /1 , 'L,, - n� --I .'-' �.i k 0
I PS Signature t, I I Title
f t'.l-N /e4 , (;,e,,,.J 4 -e_ e. J J Board Member I Date 04/05/22 Page 178
DR 8404-I (03/20/1 9)
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 Cellular Number
Estes Valley Recreation and Park District 970-586-3606
2.Your Full Name (last,first,middle)3. List any other names you have used
Holmquist,August C Holmquist,Jack
4.Mailing address (if different from residence)Email Address
jack@evrpd.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 .
-650 Whispering Pines Estes Park,CO 80517 Je’i’S
Previous
6.List all employment within the last five years.Include any self-employment.(Attach separate sheet if necessary)
Name of Employer or Business Address (Street,Number,City,State,Zip)Position Held From To
Retired 3 pcct-
7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money,
furniture, fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)Yes .‘No
Name of Relative Relationship to You Position Held Name of Licensee
9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you
applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes No
Page 179
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes �Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.}
11. Are you currently under probation (supervised or unsupervised}, parole, or completing the requirements of a □Yes �Nodeferred sentence? (If yes, explain in detail.}
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 reauired in auestion #13 is solelv for identification ourooses. 13a. Date of Birth I b. Socia l Security Number c. Place of Birth I �Yes 0NoOmaha, NE d.U.S. Citizen e .If Naturalized, state where f. When g. Name of District Court
h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card NumberI k.Permanent Residence Card Number
I. Height Im. Weight In. Ha ir Color5'11"168 white o.Eye Colorblue IP·Gender male Iq.Do you have a current Driver's License/ID? If so, give number and state. �Yes 0No # CO14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$ N/Ab.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ N/A•If corporate invesbnent only please skip to and complete section (d)-Section b should reflect the total of sections c and ec.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed}Type: Cash, Services or Equipment Account Type Bank Name Amount N/A
d.Provide details of the corporate investment described in 14 (a}. You must account for all of the sources of this investment. (Attach aseparate sheet if needed}Type: Cash, Services or Equipment Loans Account Type Bank Name AmountN/A
e.Loan Information (Attach copies of all notes or loans}Name of Lender Address Term Security Amount N/A
Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of mv knowledae. Au��-)L.1,.nhw.11-I vv Ir ' , , I Print Signature /4, I Title
/µtat( s 'r C:, I L,t,ef]t.ds 7' Board Member I Date 03/31/22 Page 180
DR 8404-I (0312011
COLORADO DEPI TUENT OF REVENUE
Liquor Enforcement DMsion
(303)205-2300
Individual History Record
To be complete I by the following persons,as applicable:sole proprietors;general partners regardless of percentage ownership,and
limited partner owning 10%or mote of the partnership;all principal officers of a corporation,all directors of a corporatioe ,and any
stockholder of corporation owning 10%or more of the outstanding stock;managing members or officers of a limited hal ility company,
and members lining 10%or more of the company;and any intended registered manager of Hotel and Restaurant,Tave n and
Lodging and E tertainment class of retail license
Notice:This i dividual history record requires information that is necessary for the licensing investigation or inquiry.All uestions
must be answ red in their entirety or the license application may be delayed or denied.If a question is not applicable,p1 ase indicate
so by N!A”.A iy deliberate misrepresentation or material omission may jeopardize the license application.(Plea e attach a
separate shee if necessary to enable you to answer questions
completely)
1.Name of Bust ess Home Phone Number Cellular Number I
s4es ç2Qc P—15irt Ci--frl4’O0
2.Your Full Narre (fast,first,middle)3.List any other names you have use
M €1-z 5o.vaJ-t Ferl+vl 5oA’oh tA.Q*z,5ttfC 1W1
4.MaIling addres (If different from residence)Email Address
I s&evrpd.Co
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 Co’--s1e lrk1 ?5floçz-f-e Fz k,C.c’5t7 4J.oL3 (4°’’
6.List all emp’oyment 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
PJ&J JOfYS fQ:u&!P Pcfr ‘1.202’-çre
51f S LV fe,H-h i-t t j o-1
7.List tTie 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
8.Have you ‘er applied for,held, or had an interest in a Colorado
Liquor or Beer License,or loanea money,
furniture,fi tures,equipment or inventory to any licensee?(It yes,answer in detail.)Tes No
4oted r 5i1t bcii/tU
9.Have you ver received a violation notice,suspension,or revocation for a liquor law violation,or have you
applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)L Yes No
Page 181
DR 8404-1 (03/20/1 ) 10.Have you 1 �ver been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □ Yes @1Jobail for an• offense in criminal or military court or do you have any charges oending? (If ves, explain in detail.)
11.Are you cu rrently under probation (supervised or unsupervised), parole, or completing the requirements of a □ Yes ctNodeferred SE ntence? (If ves, explain in detail.)
12.Have you wer had any professional license suspended, revoked, or denied? (If yes, explain in detail.)□ Yes �o
Personal and Financial Information Unless otheM se provided by law, the personal information required in question #13 will be treated as confidential. The :>ersonal information re 1uired in auestion #13 is solelv for identification ourooses. 13a.c. Place of Birth I [�es 0No of Bir1 curity Number
F/01-ida.., k.C:-A d.U.S. Citizene.If Naturalrz.ed,
h.Naturalization
I.Height Im. V\ 'I'll" JO' 14.Financial I a. Total p
b.List thtnotes,
*lfco1 ** Sectl
c.Provide det;
state where
Certificate Number
ight In. Hair Color'* R/t>N!J11formation.
f. When g. Name of District Court
i. Date of Certification j. If an Allen, Give Alien's Registration Card Number k. Permanent Residenc
o. Eye Color
_l:JJ,u.Ip. Gender li!Mt'.1 . .'A I� Yes you □have No a # current D If so
�rchase price oynvestrnent being made by the applying entity, corporation, partnership, limited liability co
Al 'A, total amount of the personal investment , made by the person listed on question #2, in this busi7,ss inc cans, cash, services or equipment, operating capital, stock purchases or fees paid. $ Ai a . porate Investment only please skip to and complete section (d) on b should reflect the total of sections c and e
ils of the personal investment described in 14b. You must account for all of the sources of this investmen1 (Attach a se parate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name A)/ A
d.Provide det �ils of the corporate investment described in 14 (a). You must account for all of the sources of this invest" separate_ sh eet if needed)Type: Cash Services or Equipment Loans Account Type Bank Name
Nl4.
e. Loan lnfom ation (Attach copies of all notes or loans)1\1:Jme of Lender Address Term Security
NIA
Oath of Applicant I declare unde r oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of Aut':ld Sig� j!tUre m.;A I Print Signature J.,,{p_,tz_ �� A.Ir ,,I,, ,({a,,y11,,1t tW-d �cre�t11 '-"
le Card Number
ier and state. ,:;,d c::,
:npany, other.
µding any
Amount
ent. (Attach a
Amount
Amount
nv knowledae. 1�121/�,.
Page 182
DR 8404-I (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 Cellular Number
Estes Valley Recreation and Parke District 970-203-5458
2.Your Full Name (last,first,middle)3.List any other names you have used
Gooch,Heather Marie Heather Marie Bradley
4.Mailing address (if different from residence)Email Address
PC Box 201 Glen Haven,CO 80532 heatherg@evrpd.com
Street and Number City,State,Zip From To
Current
1557 Dunraven Glade Road Glen Haven,CC 80532 2016 Present
Previous
455 Skyline Drive Estes Park,CC 80517 2072 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
Estes Park School District 1605 Brodie Ave Estes Park,CO 80517 Exec.Asst.2015 Present
7.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
8.Have you ever applied for,held,or had an interest in a Colorado Liquor or Beer License,or loaned money,
furniture,fixtures,equipment or inventory to any licensee?(If yes,answer indetaH.)Yes No
Name of Relative Relationship to You Position Held Name of Licensee
9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you
applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)Yes ‘‘No
5.List current residence address.Include any previous addresses within the last five years.(Attach separate sheet if necessary)
Page 183
DR 8404-1 (03/20/19) 10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes I&) Nobail for any offense in criminal or military court or do you have any charges pending? {If yes, explain in detail.)
11. Are you currently under probation {supervised or unsupervised), parole, or completing the requirements of a □Yes I&) Nodeferred sentence? {If yes, explain in detail.)
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 personalInformation reoulred in auestion #1 3 is solelv for identification ourooses. 13a. Date of Birth b. Social Security Number c. Place of Birth I d. U.S. Citizen �Yes □No
1 I Bradford, Pennsylvania e.If Naturalized, state where f. When g. Name of District Court
h. Natural ization Certificate Number I. Date of Certification j. If an Affen, Give Alien's Registration Card Number I k. Permanent Residence Card Number
I. Height ,m. Wei ght r· Hair Color5' 4" 170 Red o. Eye Color Green IP· GenderFema le I q. � Do Yes you D have No a # currenID? If State so, give number Colorado and state.
14.Financial Information.a.Total purchase price or investment being made by the applying entity, corporation, partnership, limited liablllty company, other.$ N/A
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ NIA
• If corporate investment only please skip to and complete section (d)** Section b should reflect the total of sections c and e
c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.{Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount
NIA
d.Provide details of the corporate investment described in 14 {a). You must account for all of the sources of this investment. {Attach aseparate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
NIA
e.Loan Information {Attach copies of all notes or loans)Name of Lender Address Term Security Amount
NIA
Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true correct and comolete to the best of mv kn owledae.
�ed Signature �. 11.._ ,t;.J1'u�..,.
I Print Signature HeatherGooch 'Title Board Member 'Dale 3/29/22
Page 184
DR 8404-I (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 dass 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 Cellular Number
Estes Park 18-Hole Golf Course 970-586-8146 970-443-7694
2.Your Full Name (last,first,middle)3.List any other names you have used
Austin Taylor Logan
4.Mailing address (if different from residence)Email Address
austingolfestes.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
1050 S Saint Vram Aye,El Estes Park,CO 80517 09/01/22
Previous
2087 Eagle Cliff Road Estes Park,CO 80517 05/31/20 08/30/22
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
Estes Valley Recreation and Park Dis 660 Community Dr,Estes Park,CO 8051 Golf Manager 03/01/20
Estes Valley Recreation and Park Dis 660 Community Dr,Estes Park,CO 8051 sst.Golf ManagE 01101/14 02/28/20
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,
Nfurniture,fixtures,equipment or inventory to any licensee?(If yes,answer in detail.)Yes o
9.Have you ever received a violation notice,suspension,or revocation for a liquor law violation,or have you
applied for or been denied a liquor or beer license anywhere in the United States?(If yes,explain in detail.)‘‘es ..No
Page 185
DR 8404-1 (03/20/19)
10.Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited □Yes �Nobail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.)
11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a □Yes �Nodeferred sentence? (If yes, explain in detail.)
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 reauired in Question #13 is solelv for identification pumnses. 13a. Date of Birth I b. Social Security Number C. Place of Birth I d.U.S. Citizen �Yes ONoEstes Park, CO e. If Naturalized, state where f.When g.Name of District Court
h. Naturalization Certificate Number I.Date of Certification j. If an Alien, Give Alien's Registration Card Number I k.Permanent Residence Card Number
I.Height I m.Weight I n.Hair Color5-10 200 Brown
o.Eye ColorBrown IP·Gender Male I q. Do you have a cuse/ID? If so, give number and state. � Yes D No
# 14.Financial Information.
a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other.$0
b.List the total amount of the personal investment , made by the person listed on question #2, in this business including anynotes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ 0
*If corporate investment only please skip to and complete section (d)** Section b should reflect the total of sections c and e
c.Provide details of the personal investment described in 14b. You must account for all of the sources of this investment.(Attach a separate sheet if needed)
Type: Cash, Services or Equipment Account Type Bank Name Amount
d.Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach aseparate sheet if needed)
Type: Cash, Services or Equipment Loans Account Type Bank Name Amount
e.Loan Information (Attach copies of all notes or loans)
Name of Lender Address Term Security Amount
Oath of Applicant I declare under oenaltv of oeriurv that this annlication and all attachments are true. correct and comolete to the best of mv knowledae. Authorized Slg�l�� ¼MIi,\,\ I Print ?\nature
, .1�1'lJ ( ,llfyA,,J I 11t1(,01. f rfiAPr'N Aftr,a. l�J;tii.Page 186
_a_ __ _ TOWN OF ESTES P�
April 27 2022
Jackie Williamson, Town Clerk
Town of Estes Park
Estes Park, CO 8051 7
RE: EVRPD dba Estes Park Golf Course
Dear Ms. Williamson:
Gooch, Heather
Metz, Sarah
Dorman, Scott A
Gengler, Stanley C
Holmquist, August C
Logan, Austin T
A check of the Estes Park Police Department local records on the above business
and individuals was conducted. The system reports date back to possibly
October of 2004 or more recently when our system upgraded in December 2020.
Unfortunately, there is limited information in the update. There are no criminal
reports naming any individuals where they are the suspect. There are no reports
involving the business in the past year.
Sincerely
���
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 4
Page 187
Page 188
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 03-22 AMENDING CHAPTER 17.66 OF THE ESTES PARK MUNICIPAL
CODE REGARDING NEON-STYLE SIGNS
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 189
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 190
Community Development Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Alex Bergeron, Planner II
Date: May 10, 2022
RE: Ordinance 03-22 Amending Chapter 17.66 of the Estes Park Municipal Code
Regarding Neon-Style Signs
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The Town Board will conduct a public hearing and consider a proposed text amendment
to the Town of Estes Park Sign Code (“Sign Code”), contained in Chapter 17.66 of the
Municipal Code of the Town of Estes Park (“Municipal Code”). The Town Board is the
exclusive public hearing review and decision-making body for the proposed code
amendment.
Present Situation:
Staff has received complaints regarding recently-installed neon-style lighting, which is
allowed per the Sign Code, though it has resulted in an unusual amount of nighttime
illumination near Bond Park. Specifically, neon-style signs displaying a commercial
message can be used as “window signs” and be exempt from permit requirements
when no more than 25% of a window is used for signage; a regulation which has proven
to be imprecise due to a variety of window styles and configurations. In addition, neon-
style signs containing messages deemed to be “non-commercial” in nature, such as
“open” or “vacancy,” for example, are exempt from permit requirements at this time.
Staff is proposing changes to the Sign Code, as described in the “Proposal” section
below.
Proposal:
The proposed text amendments to the Sign Code include the following changes, which
are intended to place reasonable restrictions on neon-style signs in a manner which
permits their ongoing use in recognition of their utility and historical & cultural
significance:
•Restrict neon-style signs to non-residential zone districts
Page 191
•Remove the exemptions for neon-style signs and how they relate to window
signs
•Limit the number of neon-style signs to two per business, which includes any
type of commercial notification (i.e., “Open/Closed”, “Vacancy/No Vacancy”)
•Ensure that the sign display area of neon-style signs is included in the overall
allotment of sign display area for a business and restrict the extent that total
signage may be comprised of neon-style signs (i.e., neon signs may comprise no
more than 25% of total sign display area)
•Clarify the relationship between neon-style signs and Electronic Message
Centers, and separate EMC regulations from neon-style regulations, which are
currently described together in the exemption language
•Clean up minor grammatical errors unrelated to neon-style signs and clarify a
regulation on free-standing signs
Staff finds that the handling of the proposed code amendment is consistent with
Municipal Code Chapter 1.04.110 (Amendments): “Any additions or amendments to this
Code shall be adopted as ordinances under applicable provisions of the state law, and
when passed in such form as to indicate the intention to make the same a part hereof,
shall be deemed to be incorporated in this Code so that reference to it as the "Municipal
Code of the Town of Estes Park" shall be understood as including such additions or
amendments.”
Advantages:
•Reasonable restrictions on the quantity and extent of neon-style signs may aid in
the preservation of the sense of place and dark nighttime ambience Estes Park is
known for.
•The proposed restrictions on neon-style signs are congruent with the signage
allowed in resort communities in Colorado and other gateway communities more
generally (see Attachment 3: “Literature Review”).
Disadvantages:
•Current conditions would cause some businesses to have signs which are not
legally conforming. Because some of these signs were installed without a permit,
being exempt from permit requirements and review by Town Staff, it may be
difficult to determine the extent of legal non-conformance for some signs.
Action Recommended:
Staff recommends Approval of the code amendment.
Finance/Resource Impact:
None identified.
Page 192
Level of Public Interest
Moderate. Approximately five people have submitted verbal comments to the
Community Development Department, which is in addition to two business tenants in
the vicinity of Bond Park who have met with the Community Development Director on
the matter. Any written public comments received are being delivered to the Town
Board for consideration.
Sample Motion:
I move that the Town Board APPROVE Ordinance 03-22.
I move to deny Ordinance 03-22.
I move to continue Ordinance 03-22 to the next regularly scheduled meeting.
Attachments:
1.Ordinance 03-22
2.Exhibit A: Proposed Amendment to Code Text
3.Literature Review
Page 193
ORDINANCE NO. 03-22
AN ORDINANCE AMENDING CHAPTER 17.66 OF THE ESTES PARK MUNICIPAL
CODE REGARDING NEON-STYLE SIGNS
WHEREAS, chapter 17.66 of the Estes Park Municipal Code (the Sign Code) sets
forth regulations providing for uniform control of signs within the Town; and
WHEREAS, minimizing the adverse effects of signs on nearby public and private
property is a key component of the Sign Code regulations; and
WHEREAS, complaints have been received by the Town regarding the
appearance and quantity of neon-style signs currently present and permitted to be
present in the CD (Commercial-Downtown) zone district; and
WHEREAS, the Board of Trustees of the Town of Estes Park has determined that
it is in the best interest of the Town to amend certain sections of the Municipal Code of
the Town of Estes Park, Colorado related to signage, as set forth on Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Chapter 17.66 of the Municipal Code of the Town of Estes Park is
hereby amended, by adding underlined material and deleting stricken material, as set
forth on Exhibit A. Ellipses indicate material not reproduced as the Board intends to leave
that material in effect as it now reads.
Section 2: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this day of _______________, 2022.
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 , 2022 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day
of , 2022, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 194
Chapter 17.66 - Signs
. . .
17.66.050 - Exempt signs.
The following signs may be erected without a sign permit. . . .
(12)Neon-style signs that do not display a commercial message (e.g., "open");
(13)Neon-style signs displaying a commercial message, provided that such sign:
a.Is eight (8) square feet or less,
b.Is located and displayed interior to a building, such as behind window glass, and
c.Shall comply with the frequency, duration, and operational standards for on-premises EMCs
(Section 17.66110(h));
(124)Incidental signs;
(135)Gravestones or grave markers;
(146)Nameplates in residential districts;
(157)Pennants and festoons;
(168)Yard signs that do not exceed thirty-two (32) square feet in sign display area and seven (7)
feet in sign height, provided they are not located in any public right-of-way;,
(179)Product dispensers and point of purchase displays;
(1820) Signs on property being offered for sale or lease, provided that the sign:
a.Is an on-premises sign;
b.Does not exceed the following sign display area measurements: nine (9) square feet
for residentially zoned property, or thirty-two (32) square feet for non-residentially
zoned property; and
c.Is not artificially illuminated;
(1921) Traffic control signs, whether on public or private property (e.g., parking-lot stop signs),
provided they conform to the standards of the Manual of Uniform Traffic Control Devices
(MUTCD), and provided they do not contain any commercial message or logo;
(202)Vehicle signs on properly licensed vehicles used to transport persons or property;
(213)Sign not legible from a public right-of-way, with "not legible" defined as: Less than one (1)
inch height for the largest letter or graphic element on the sign, measured vertically, for every
twenty-five (25) feet of distance from the nearest point in the right-of-way to the nearest letter
or graphic element in the sign;
(224)Temporary window signs;
(235)Messages and graphics transmitted and displayed that are primarily intended for interior
view within a building, and only incidentally visible from outside;
(246)Window signs that cumulatively constitute less than twenty-five percent (25%) of the
window area, excluding neon-style signs;
(257)Signs that are held or carried by person(s) at all times when visible from a public right-of-
way.
. . .
17.66.110 - Sign regulations in non-residential zoning districts (A, CD, CO, CH, O I-1).
. . .
(b)Total sign display area per lot or business: Frontage on two (2) or more streets.
. . .
(2)The principal street frontage as defined herein shall be allocated two hundred fifty
(250) square feet of total sign display area,
. . .
(c)Freestanding signs.
(1)One (1) freestanding sign shall be permitted per property, irrespective of the number
of individual businesses or tenants on said property. For purposes of this subsection, the
term "property" shall refer to a single functional developmental site with common
circulation and off-street parking (if present), irrespective of the number of recorded
lots, parcels, deeds, or similar instruments comprising said property.
Attachment 2
Page 195
. . .
(6)Exception: Freestanding signs on corner lots.
a.A property with a corner location (i.e., with frontage at the point of
intersection of two (2) public streets) may elect to combine its front and side
street sign allocation into a single corner sign with a total of one hundred eighty
(180) square feet of sign display area, measured in accordance with the "sign
display area (multi-faced)" definition herein, provided:
1.The sign is a two-faced sign, oriented diagonally so as to be equally
visible from both streets;
2.The sign is set back at least five (5) feet from the nearest right-of-way;
and
3.The sign does not obstruct the vision of traffic from any direction.
. . .
(f)On-premises directional signs.
. . .
(2)Any individual on-premises directional sign shall not exceed six (6) square feet of sign
display area.
. . .
(h)Neon-style signs.
(1) Neon-style signs shall be counted toward, and may comprise no more than twenty-
five percent (25%) of, the total sign display area.
(2)Any neon-style sign shall not exceed eight (8) square feet in sign display area.
(3)No more than two neon-style signs shall be allowed per business.
(4)Neon-style signs shall remain static with no additional effects (including, but not
limited to, fading, flashing, blinking, twinkling, waving, and rumbling).
(5) Neon-style signs are only permitted in non-residential zone districts.
(ih) On-premises electronic message centers (EMCs): Number and type of signs permitted.
. . .
Page 196
Literature Review - Neon-style Signs: Analysis of Sign Codes in Relevant Municipalities
Relevant code language (in quotes) retrieved in March 2022. Bolded text represents staff thoughts.
1.Longmont, Colorado:
a.“Window signs are allowed and are exempt from the sign permit requirement, provided
window signage does not cover more than 25 percent of a window opening or 50
percent of any one window panel if a window opening contains multiple window
panels.” (15.06.020.D/Signs Exempt from Permit Requirement/Window Signs) Consider
updating language to better define extent of a window, if ultimately appropriate.
b.“Neon or LED lighting not within the lettering or logo of a sign shall be subject to section
15.06.040, General Sign Regulations, and section 15.05.140, Outdoor Lighting.”
(15.06.030.D/Prohibited Signs/Neon or LED Lighting Signs) Does not appear that it is
banned due to other requirements on lighting (#c, below).
i.General Sign Regulations are quite broad indeed, and outdoor lighting not
quite applicable.
c.“Exposed neon and exposed LED lighting on any portion of a building or structure except
within the lettering or logo on a freestanding or wall sign, is subject to the provisions of
section 15.05.140, outdoor lighting. Exposed neon and exposed LED lighting is
prohibited on signs within or adjacent to and facing a residential zoning district unless
otherwise exempted in this chapter.” (15.06.040.I/General Sign Regulations/Sign
Illumination) Consider prohibiting signs on lots in or adjacent to residential zone
districts.
2.Loveland, Colorado:
a.“1. Small Signs. Up to two signs, tablets, nameplates, or plaques per frontage, per
premises, provided that no individual sign face exceeds two square feet…6. Window
Signs. Window signs.” (18.04.08.04.B/Exempt signs) There is no expansion on or
apparent definition of “window sign,” suggesting all are exempt. “Neon” does not
appear in sign code, and is only referenced elsewhere in the municipal code in
reference to architectural accent lighting.
3.Grand Lake, Colorado:
a.“Window” means an opening in the wall or door(s) of a building to let in light along with
the frame and panes of glass that fill it. “Window sign” means a sign installed on the
inside or outside of a window and intended to be viewed from the outside.” (6-2-
5/Definitions)
b.“Interior window signs. (Exempt)” (6-2-9(B)/Signs permitted in all districts). Appears to
state that all window signs are exempt without limitation (introduction to section
states no permits are required for exempt signs). However, worded a bit
funny…interior windows? Must mean inward facing side of window.
c.“A property may have a single, noncommercial temporary sign up to six square feet in
area…(Exempt).” (6-2-9(N)/Signs permitted in all districts) Any property may have one
moderately sized non-commercial sign, and it appears (though it is not clear) that this
is in addition to all other signs.
d.Question the acceptability of using this sign code for reference, because prohibition
on “words…of an obscene, indecent or immoral character” could have First
Amendment complications. Really not a very good reference.
Attachment 3
Page 197
4.Golden, Colorado:
a.Neon signs require an electrical permit. Only reference in the Code which uses the
term “neon” relates to their “exposed linear lamps” being prohibited for use as
outdoor lighting
b.“Illumination. Illuminated signs shall be designed to avoid glare or concentration of
illumination and to direct light away from residential properties and away from the
vision of pedestrians and motorists. Illumination may be internal to the sign through
translucent material or by floodlighting of the sign from a concealed light source.
Lighting must use downcast and fully-shielded fixtures to help alleviate light trespass
across property lines, as well as glare.” (18.32.060(c)/Design and Construction
requirements). Supports notion that brighter signs are acceptable in commercial
districts when facing away from residential areas.
5.Breckenridge, Colorado:
a.“Internally lit signs placed on the exterior of a building, or within five feet (5') of a
window of a building.” (9-15-11.I./Prohibited Signs). Appears that neon signs in
windows are not welcome in this community. 9-15-18.C. (Lighting standards) confirms
this in the context of “internally lit signs.” A limited ‘street view review’ in Google
Maps did not reveal any lit window signs (of course, the shots are taken during the
day).
b.“Window Signs: In addition to the signage allowed by Section B, each business in a
commercial use property may display a maximum of four (4) window signs, whether
such signs are temporary (not paper) or permanent. The total area of all allowed
window signs, both temporary and permanent, shall not exceed five (5) square feet in
area.” (9-15-15.D/Signs On Commercial Properties/Window Signs) Indicates that
window signs are allowed in addition to building-size-related allowable display area.
Additional signage is further allowed in some cases, but it may not be lit.
6.Crested Butte, Colorado:
a.“Each business may have one (1) open/closed sign not to exceed two (2) square feet, for
which no permit is required” (16-18-20(2)a/General Limitations) and “Each business
may have one (1) business hours sign, not to exceed two (2) square feet, for which no
permit is required. (“” b””) One “Open” and one business hours sign allowed.
b.“The color or format of a sign shall not resemble or conflict with traffic signs or signals,
nor shall the color or consistency of any sign or lights be luminous, neon,
phosphorescent or other illuminated gas tube lighting, or create undue visual distraction
or glare to motor vehicle traffic or passers-by.” (16.18.20(4)/General Limitations Neon
appears to be prohibited.
7.Lake Placid, New York:
(For an out-of-Colorado perspective from a resort gateway to a large protected area, that being
Adirondack Park.)
a.“Signs that employ reflective or luminous materials or finishes in their construction or
graphics” (6.3.2.D/Prohibited Signs) and “Signs that employ florescent materials or
finishes as a substantial portion of their construction or graphics” (“” E””).
b.“Internal illumination shall be permitted only as white or off-white graphics on an
opaque dark colored background or as white or off-white halo lighting, except that brief
informational messages (i.e. vacancy/no vacancy, open, office) including neon or an
Page 198
internally-illuminated panel with dark colored graphics on light colored, white or off-
white backgrounds shall be allowed as a permitted sign or portion of a permitted sign.
The neon or internally-illuminated portion of a sign shall not exceed two square feet.
One such sign shall be permitted per each public street frontage and such signs shall be
counted as part of the total permitted sign area. Any neon or internally-illuminated sign
shall be turned off during non-business hours” (6.4.4.D/Lighting) Limits neon to one
small sign per frontage and counts towards the total.
Review Conclusion:
•Communities on the plains are more liberal with their allowances
•Brighter signs may be ok just in downtown and heavy commercial areas, except that mountain
resort communities seem to prefer very limited or no neon
•Window signs are generally permissible
Page 199
5/11/2022
Estes Park Town Board of Trustees
May 10, 2022
Ordinance 03-22
Amendment to Estes Park Sign Code
Neon-style Signs
Presented by Alex Bergeron, Planner II
Background
Staff has received complaints regarding recently-installed
neon-style lighting, which is allowed per the Sign Code.
• Specifically, neon-style signs displaying a commercial message can be
used as “window signs” and be exempt from permit requirements when
no more than 25% of a window is used for signage.
• Also, neon-style signs containing messages deemed to be “non-
commercial” in nature, such as “open” or “vacancy,” for example, are
exempt from permit requirements at this time.
• As currently written, the Sign Code allows a relatively excessive
amount neon-style lighting, which is atypical for our mountain resort
setting.
Page 200
5/11/2022
Proposal
Staff is proposing the following changes to the Estes Park Sign
Code (Municipal Code Chapter 17.66):
• Restrict neon-style signs to non-residential zone districts
• Remove the exemptions for neon-style signs and how they relate to
window signs
• Limit the number of neon-style signs to two per business, which
includes any type of commercial notification (i.e., “Open/Closed”,
“Vacancy/No Vacancy”)
• Ensure that the sign display area of neon-style signs is included in the
overall allotment of sign display area for a business and restrict the
extent that total signage may be comprised of neon-style signs (i.e.,
neon signs may comprise no more than 25% of total sign display area)
Proposal
Staff is proposing the following changes to the Estes Park Sign
Code (Municipal Code Chapter 17.66) (Cont…):
• Clarify the relationship between neon-style signs and Electronic
Message Centers, and separate EMC regulations from neon-style
regulations, which are currently described together in the exemption
language
• Clean up minor grammatical errors unrelated to neon-style signs and
clarify a regulation on free-standing signs
• Staff finds that the handling of the proposed code amendment is
consistent with Municipal Code Chapter 1.04.110
(Amendments).
Page 201
5/11/2022
Advantages
Advantages
• Reasonable restrictions on the quantity and extent of neon-style signs
may aid in the preservation of the sense of place and dark nighttime
ambience Estes Park is known for.
• The proposed restrictions on neon-style signs are congruent with the
signage allowed in resort communities in Colorado and other gateway
communities more generally.
• Public input suggests the proposed changes are desired by the
community.
Disadvantages
Disadvantages
• Current conditions would cause some businesses to have signs which
are not legally conforming. Because some of these signs were installed
without a permit, being exempt from permit requirements and review by
Town Staff, it may be difficult to determine the extent of legal non-
conformance for some signs.
•Note that Chapter 17.66.071 (Historical or culturally significant signs)
provides the Town Board the ability to permit signs that have historical
or cultural significance to the Town but do not conform to the provisions
of the Estes Park Sign Code.
Page 202
5/11/2022
Recommendation
• Staff recommends APPROVAL of the Code Amendment.
Page 203
Page 204
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 2.
ORDINANCE 05-22 VACATING A PORTION OF THE WEST RIVERSIDE DRIVE
RIGHT-OF-WAY.
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 205
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 206
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Greg Muhonen, PE, Public Works Director
Date: May 10, 2022
RE: Ordinance 05-22 Vacating a Portion of the West Riverside Drive Right-of-
way
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The proposed right-of-way (ROW) vacation facilitates roadway alignment modifications
needed for the proposed roundabout construction at the intersection of W Riverside
Drive, Crags Drive, and Moraine Avenue.
Present Situation:
The planning, design, and right-of-way acquisition process for the Downtown Estes
Loop (DEL) has been underway since 2013. The proposed project includes a new
roundabout at the intersection of W Riverside Drive, Crags Drive, and Moraine Avenue
to safely manage the traffic flow for the proposed one-way couplet. The project is a
partnership effort between the Town, the Colorado Department of Transportation
(CDOT), and the Central Federal Land Highway Division of the Federal Highway
Administration (CFL).
Historically, motorists have enjoyed uncontrolled access to the large paved parking lot
at Picadilly Square (Picadilly) where parking spaces are situated both on private
property and the adjacent public street rights of way. The existing intersection of Crags
Drive and Moraine Avenue is awkward and confusing for motorists to navigate due the
severe skewed alignment and the nearby disruption of W Riverside Drive where it
intersects Crags Drive.
The project design effort identified the need for additional right-of-way from the parking
lot at Picadilly Square and an opportunity to deliver to the Picadilly Square Owners
Association a portion of excess right-of-way no longer needed for the realignment of W
Page 207
2
Riverside Drive. All right-of-way and easement acquisitions must be obtained before
the project can proceed to construction bidding.
Proposal:
The Town proposes to vacate 768 SF of W Riverside Avenue (Parcel No. RW-9) for
incorporation into the adjacent land owned by Piccadilly to partially offset the loss of
1117 SF of the Picadilly parking lot (Parcel No. RW-11) as shown in the drawing
attached to the proposed Ordinance. The right-of-way acquisition process for this
project is being administered by CDOT under the oversight of CFL and in cooperation
with the Town. CDOT has verbally committed to conveying the RW-11 parcel to the
Town upon conclusion of the project construction. This, among many other project
commitments, will be formalized in a future Intergovernmental Agreement between the
Town and CDOT.
Advantages:
•The proposed ROW vacation provides land area to restore parking stalls at
Piccadilly repurposed for proposed roadway and sidewalk improvements.
•The project construction will deliver orderly, defined access to Piccadilly at a
location safely separated from the proposed intersection improvements.
•The vacation action facilitates acquisition of land area needed from Piccadilly for
the proposed multimodal trail improvements along the Piccadilly frontage of W
Riverside Drive.
•This ROW vacation and subsequent construction of the DEL supports a number
of the Town Board Strategic Plan Policy Statements, including: 1. “We will
continue to reduce traffic congestion and improve traffic safety throughout the
Town.” 2. “We will continue to develop connectivity of trails in the Estes Valley in
partnership with other entities, implementing the priorities in the Estes Valley
Master Trails Plan.”
Disadvantages:
The proposed ROW vacation conveys a public land resource to private ownership;
however, a utility easement is reserved within the vacated parcel RW-9 and this
remnant ROW area will have minimal public value after completion of the DEL.
Action Recommended:
Staff recommends that the Town Board approve Ordinance xx-22 as shown and
described on the Attachment.
Finance/Resource Impact:
The proposed ROW vacation delivers a financial benefit to the taxpaying funders of the
DEL by reducing the acquisition costs of Parcel No RW-11 in the amount of $6,912.
Page 208
3
Level of Public Interest
The level of public interest in the DEL was high several years ago and is expected to be
low regarding this proposed ROW vacation.
Sample Motions:
I move that the Town Board of Trustees approve/deny Ordinance 05-22.
Attachments:
1.Ordinance 05-22
2.Map & Legal Description of Parcel RW-9
Page 209
ORDINANCE 05-22
AN ORDINANCE CONDITIONALLY APPROVING THE VACATION OF A PORTION
OF THE WEST RIVERSIDE DRIVE RIGHT-OF-WAY
WHEREAS, the Town requested grant funding and project management support
from the Central Federal Lands Highway Division of the Federal Highway Administration
(CFL) and the Colorado Department of Transportation (CDOT) for the design and
construction of the Downtown Estes Loop (Loop); and
WHEREAS, construction of the Loop is contingent upon CDOT’s acquisition of a
parcel of land (encompassing 1,117 square feet and identified as RW-11) for road right-
of-way purposes from Picadilly Square Owners Association (Picadilly), which is the
present owner of the adjacent property described as Larimer County Assessor Parcel
Number 99005765; and
WHEREAS, Picadilly’s conveyance of RW-11 is contingent upon the Town’s
transfer of a certain portion of the West Riverside Drive (encompassing 768 square feet
and identified as RW-9) to CDOT; and
WHEREAS, this Vacation Ordinance is the appropriate method to accomplish the
transfer of this portion of the West Riverside Drive right-of-way; and
WHEREAS, approval of this Ordinance is contingent upon CDOT and Picadilly
applying compensatory credit in the amount of $6,912 for receipt of RW-9 toward CDOT’s
purchase of RW-11 in the amount of $10,053; and
WHEREAS, the Board of Trustees has determined that it is in the best interest of
the Town to permanently vacate portions of West Riverside Drive right-of-way as more
fully set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Board of Trustees hereby approves the vacation of a portion of
the West Riverside Drive Right-of-Way depicted as RW-9 on Exhibit A, attached hereto
and incorporated herein by reference, subject to the reservation described in Section 2
as well as satisfaction of the following condition within one year of the date of passage of
this Ordinance:
A.CDOT must confirm in writing that it has acquired possession of RW-11
as depicted on Exhibit A and intends to transfer title to this parcel to the
Town upon completion of the Loop project.
After the Town of Estes Park Community Development Director certifies
satisfaction of the foregoing requirement, the Town Administrator or designee shall record
this Ordinance and the Director’s certification with the County Clerk and Recorder.
Section 2: The Town hereby reserves the vacated portion of the West Riverside
Drive right-of-way as a blanket utility easement for the use of any existing and future utility
facilities or infrastructure, including but not limited to sewer, gas, water, electricity,
telephone, telecommunications, fiber optic, and stormwater drainage facilities.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication by title.
Attachment 1
Page 210
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado, this day of , 2022.
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 , 2022 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the ________
day of _________, 2022, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 211
EXHIBIT "A" CENTRAL FEDERAL LANDS PROJECT NUMBER: CO FLAP US36(1) CDOT PROJECT NUMBER: STA R400-330 PARCEL NUMBER: RW-9 Rev. COOT PROJECT CODE: 20298 DATE: August 20, 2021 DESCRIPTION
A tract or parcel ofland No. RW-9 Rev. of the Central Federal Lands Project No. CO FLAP US36(1) and Department of Transportation, State of Colorado Project No. STA R400-330 containing 768 sq. ft. (0.018 acres), more or less, in the East Half of Section 25, Township 5 North, Range 73 West, of the 6th Principal Meridian, in Larimer County, State of Colorado, said tract or parcel being more particularly described as follows:
Commencing at a point on the southeasterly right of way line ofW. Riverside Dr. (November 2019), whence the Center Quarter Comer of said Section 25 (being a 3-1/2" brass cap stamped: "PLS 6499 T5N R73W + SEC 25 1987"), bears N. 80 °34'43" W., a distance of 100.92 feet, said point also being the TRUE POINT OF BEGINNING;
1.Thence N. 22 °06'58 11 E., a distance of 15.53 feet;
2.Thence on the arc of a curve to the right, a radius of 53.00 feet, a central angle of26°46'4211 , a distance of 24.77 feet, (a chord bearing N. 35 °30'19 11 E., a distanceof 24.55 feet);
3.Thence N. 48 °53'4011 E., a distance of 49.80 feet to a point on said southeasterlyright of way line of W. Riverside Dr.;
4.Thence along said southeasterly right of way line of W. Riverside Dr., on the arcof a curve to the right, a radius of 115.00 feet, a central angle of 32°18'2011 , adistance of 64.84 feet, (having a chord bearing S. 36 °43'0111 W., a distance of63.99 feet) to a point ofreverse curve;
5.Thence continuing along said southeasterly right of way line of W. RiversideDr., on the arc of a curve to the left, a radius of 340.00 feet, a central angle of4°13'0011 , a distance of 25.02 feet, (a chord bearing S. 50 °45'4311 W., a distance of 25.02 feet), more or less, to the TRUE POINT OF BEGINNING.
The above described parcel contains 768 sq. ft. (0.018 acres), more or less.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of S.89 °39'13" E. (a distance of2,627.88 feet), from the Center Quarter Comer of Section 25(being monumented with a 3-1/2" brass cap stamped: "PLS 6499 T5N R73W + SEC 25 1987")and at the Quarter Comer common to Sections 25 and 30 (being monumented with a 5/8" rebarwith no cap) both of which being located in Township 5 North, Range 73 West, Sixth PrincipalMeridian, Larimer County, Colorado, as obtained from a Global Positioning S em (GPS)survey based on the Colorado High Accuracy Reference Network (CHA O LICf,
� ••;"{A°/· .<f-<" Prepared by: � �-..�-� Stan Vermilyea P.L.S. 25381 For and on the behalf of AECOM 7595 Technology Way, Ste 200 Denver CO 8023 7
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Attachment 2
Page 212
Colorado Deportment of Transportation
Q l'ti;,,. 10601 West 10th Street � Greeley, CO 80634
Sheet Revisions Sheet Revisions Sheet Revisions A �r.QiAJI I Dote I Oescriotion I Initials Date I Oescriotion I Initials Dote I Oescrintion I Initials �\.,' fFI I 08/20/21 IREVISEO RW-9, NAME CHANGE RW-11, I I I I I COOT Pro ·eel Number: ST A R400-330 I ITE-11, TE-11A I AECOM 1 1 1 1 7595 Technology Way, Ste 200 COOT Pro 'eel Location: US34 & US36 FLAP Estes Park Cou lets ., Phone: 970-350-2161
Region 4 Right-of-Woy PAH
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Page 213
Page 214
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: May 10, 2022
RE: Lodging Tax Exploration Task Force Town Board Liaison Appointments
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _____________
QUASI-JUDICIAL YES NO
Objective:
To appoint two Town Board members as liaisons to the Lodging Tax Exploration Task
Force.
Present Situation:
Larimer County, Visit Estes Park (VEP), and the Town of Estes Park have worked
together to develop a process to evaluate placing a measure on the November 2022
ballot that would increase the lodging tax to fund investments in workforce housing
and/or childcare. The process involves the creation of a community-based Lodging Tax
Exploration Task Force that will:
•Provide an organizational framework to ensure effective communication and
coordination among representatives of Larimer County, the Town of Estes Park,
the Local Marketing District, lodging partners, workforce housing and childcare
advocates and other local leaders in the district;
•Serve as a vehicle for the collection and exchange of information and expertise
and representation of the interests of the residents and businesses inside the
Estes Park Local Marketing District boundaries;
•Provide a forum to identify, discuss, study and collectively endorse solutions to
regional workforce housing and childcare initiatives for consideration by the
Board of County Commissioners, Town Board, and VEP Board of Directors; and
•Present recommendations to VEP Board members, Town Board, and the Board
of County Commissioners for consideration.
In addition to 11 voting members, the Task Force is intended to have five (5) Board
Liaisons (one from the Board of County Commissioners, two from the VEP Board of
Directors, and two from the Town Board). These Board Liaisons are intended to serve
as a two-way communication channel between their respective Boards and the Task
Force.
Page 215
Proposal:
Appoint two members of the Town Board as Board Liaisons to the Lodging Tax
Exploration Task Force. The appointed Board Liaisons should be able to commit to
attending a weekly virtual Task Force meeting beginning in May and continuing for 6 – 8
weeks. Meetings will take place from 12:00 pm – 2:00 pm each Wednesday.
Per Policy 102 (Town Committees), the role of Board Liaisons in the context of this Task
Force will be to:
•Serve as the primary two-way communication channel between the Town Board
and the Task Force; and
•Serve as the primary Town Board contact with the Task Force.
Action Recommended:
Appoint two members of the Town Board as liaisons to the Lodging Tax Exploration
Task Force.
Finance/Resource Impact:
None.
Level of Public Interest
Medium
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________
as the Town Board liaisons to the Lodging Tax Exploration Task Force.
Attachments:
None.
Page 216
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 10, 2022
RE: Interview Committee for the Parks Advisory Board
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Committee
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for vacancies on the Parks
Advisory Board.
Present Situation:
The Parks Advisory Board consists of seven members and the Board currently has two
vacancies. The Town Clerk’s Office has advertised the openings and has received three
applications as of the date of this memo.
Proposal:
Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the
Town Board. Therefore, two members of the Board would interview all interested
applicants for the board positions.
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 217
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to
the Parks Advisory Board interview committee.
Attachments:
None.
Page 218
TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: May 10, 2022
RE: Interview Committee for the Transportation Advisory Board
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Committee
QUASI-JUDICIAL YES NO
Objective:
To appoint Town Board members to the interview committee for vacancies on the
Transportation Advisory Board.
Present Situation:
The Transportation Advisory Board consists of nine members and the Board currently
has three vacancies. The Town Clerk’s Office has advertised the openings and has
received four applications as of the date of this memo.
Proposal:
Policy 101 Section 6 states all applicants for Town Committees/Boards are to be
interviewed by the Town Board, or its designee. Any designee will be appointed by the
Town Board. Therefore, two members of the Board would interview all interested
applicants for the board positions.
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 219
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Trustees __________ and ___________ to
the Transportation Advisory Board interview committee.
Attachments:
None.
Page 220
2022 Regular Municipal Election Report
May 10, 2022
Candidates
To elect three Trustee positions as provided by C.R.S.
31-1-101 (1 O)(a)
•Trustee Carlie Bangs -Did not run for Re-Election
•Trustee Marie Cenac -Candidate for Re-Election
•Trustee Scott Webermeier -Candidate for Re-Election
Page 221
Ballot Questions & Ballot Issue
•Question 1 -Publish ordinances in a newspaper of general
circulation by title only.
•Question 2 -Not publish proceedings relating to pay ment of
bills and statements concerning all contracts awarded and
rebated.
•Ballot Issue 3A -Authorized to collect, retain, and spend or
reserve all revenues received from all lawful sources
without any other condition or limitation (Fully DeBrucing)
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Page 222
Ballots Issued
Total number of ballots Issued including absentee and
replacement ballots:
o 4,423 Ballots (UOCAVA, Mail Ballots & Reissued)
Total number of ballots cast in the election:
0 1998
Total number of ballots were spoiled/reissued to voters during
the election process
0 31
Town Hall Ballot Drop-Off Box
New 24-hour ballot drop-off box was utilized.
Minimal inquiries regarding the drop-off box at Brodie
(signage/BOX NOT IN USE).
Total number of ballots received via the drop-off box:
0 1621
o 81 °/o of ballots received at Town Hall drop-off box
Page 223
Judges & Process
Pursuant to Section 31-10-401, C.R.S., the Town Clerk
through the authority of the Board appointed election
judges.
8 Election Judges
3 Clerk Staff as Election Judges
Duties:
•Ballot Intake
•Signature Verification
•Ballot Removal
•Counting -Using Dominion Computers and Software
Official Results -Ballots Cast
Total# of Ballots Delivered to the Town Clerk's Office -2008
Total# of Ballots Requiring Signature Verification Letters
Total# of Signatures Verified
Total# of Ballots Statutorily Rejected (envelop empty)
13
4
1
Total# of Ballots Cast = 1998
Total Registered Voters = 4,398
Percentage Turnout 46%
Additional Ballot Details
•7 Ballots were received after Election Day
•8 Ballots were received incomplete
Page 224
Official Results -Candidates
FOR TRUSTEE: Total Votes Cast
*Scott Webermeier 1137
Karen Randinitis 684
John "29" Meissner 259
*Kirby Nelson-Hazelton 1228
*Marie J. Cenac 1153
Kevin Benes 559
*Elected to 4 year Terms -Sworn in on April 26, 2022
Official Results -Ballot Question 1
"Shall the Town of Estes Park, Colorado, be authorized to publish
ordinances in a newspaper of general circulation by title only rather than
publishing each ordinance in full in accordance with Section 31-16-105
C. R.S., and provide full text on the Town's records portal?"
Page 225
Official Results -Ballot Question 2
"Shall the Town of Estes Park, Colorado, not publish proceedings relating to
payment of bills and statements concerning all contracts awarded and
rebated allowed in accordance with Section 31-20-202(1.5) C.R.S., and
provide such on the Town's records portal?"
Official Results -Ballot Issue 3A
"WITHOUT INCREASING ANY TAX RATE OR IMPOSING ANY NEW TAX AND IN ORDER FOR THE TOWN TO CONTINUE
TO PROVIDE SERVICES AND PUBLIC FACILITIES AND AMENITIES TO ITS CITIZENS, INCLUDING WITHOUT
LIMITATION POLICE OPERATIONS, 911 COMMUNICATIONS, EMERGENCY MANAGEMENT, OTHER GOVERNMENTAL
SERVICES, AND FOR ANY OTHER LAWFUL PURPOSES, SHALL THE TOWN OF ESTES PARK BE AUTHORIZED TO
COLLECT, RETAIN, AND SPEND OR RESERVE ALL REVENUES IT RECEIVES FROM ALL LAWFUL SOURCES
INCLUDING WITHOUT LIMITATION PROPERTY AND SALES TAXES, WITHOUT ANY OTHER CONDITION OR
LIMITATION, AS A VOTER-APPROVED REVENUE CHANGE UNDER ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION AND UNDER SECTION 29-1-302(2)(b) OF THE COLORADO REVISED STATUTES AND ANY OTHER
APPLICABLE LAW, AND REMOVE ANY LIMITATIONS IMPOSED BY THE NOVEMBER 7, 2000 BALLOT INITIATIVE
MEASURE 2A, BEGINNING IN FISCAL YEAR 2022, PROVIDED THAT THE TOWN'S TAX RATES SHALL NOT BE
INCREASED WITHOUT FURTHER VOTER APPROVAL?"
Page 226
Election Costs
Larimer County Cost
Equipment Rental
Drop-off Box ($250 1x set up fee/$200 per election)
Dominion Voting Systems Inc
Equipment Rental / Shipping / Election Set-up I Training / Support
Runbeck Election Services
Paper Production / Set-up I Mail Ballots & UOCAVA (Ballot, envelope, secrecy sleeve/instructions, return envelope) / TABOR
Notice / Freight
Election Judges
Compensation
Catering
Miscellaneous
USPS Postage for 4,328 Mail Ballots & TABOR Notice
Election Banner (Instructions for Brodie Ave Drop-off box)
$90
$450
$14,338
$14,253
$2,341
$319
$946
$48
Cost = $32,785
Page 227
Page 228