HomeMy WebLinkAboutPACKET Town Board 2011-06-14Prepared 6/3/11
* Revised
TOWN of ESTES PARK
The Mission of the Town of Estes Park is to provide high -quality, reliable
services for the benefit of our citizens, visitors, and employees, while
being good stewards of public resources and natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, June 14, 2011
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 24, 2011 and Town Board Study Session Minutes
dated May 24, 2011.
2. Bills.
3. Committee Minutes.
A. Public Safety, Utilities, and Public Works, June 9, 2011.
4. Estes Valley Board of Adjustment Minutes dated May 3, 2011 (acknowledgement
only).
2. ACTION ITEMS:
1. REFERENDUM PETITION REQUESTING REPEAL OF HISTORIC
PRESERVATION ORDINANCE #09-11. Town Clerk Williamson.
2. ORDINANCE #16-11 AMENDING CHAPTER 10.16 TO ALLOW PARKING OF
RECREATIONAL VEHICLES AT STANLEY FAIRGROUNDS. Chief Kufeld.
3. CASTA/CDOT TRANSPORTATION GRANT OPPORTUNITIES . Director Zurn.
3. REPORTS.
1. CAPITAL PROJECT UPDATE. Director Zurn.
2. ECONOMIC IMPACT ANAYSIS AND MEMORANDUM OF UNDERSTANDING
WITH ELKHORN PROJECT INC. FOR RTA APPLICATION.
ADJOURN.
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
June 14, 2011 Please include in the Public Record
Public Statement on Historic Preservation
Sharry White, on Behalf of Voters for Historic Preservation
Voters for Historic Preservation are disappointed with yesterday's ruling to deny our protest
against the repeal petition. However, we thank the Town for hearing our protest and giving us
the opportunity to express our concerns. In particular, we thank Town Attorney Greg White for
providing a clear, understandable process for conducting the hearing, and Town Clerk Jackie
Williamson for conducting the hearing in a fair and professional manner. We now ask that the
Town Board take the issue of historic preservation to the voters. We are confident that most
residents will see value in historic preservation, and will vote to give their fellow -citizens the
opportunity to benefit from it.
Our protest was based on the petitioners' own public statements, which show convincingly that
they do not understand this voluntary ordinance, what it would do, or its constitutionality. To
illustrate, we have listed the "Top 5 Most Erroneous Misstatements Made About the
Ordinance," each followed by a response based on the facts. We have underlined certain
words for emphasis. Names, dates, and origins of each statement are available on request.
#5. Claim: Two petitioners state, "Under the proposed act, the home automatically is
placed in the Historical Landmark Category."
Response: There is no "automatic" designation of a home. Sections 060 (1) and (2)
of the ordinance state: "No Building or Site may receive Designation without the
consent in writing of the property Owner," and "Only the Owner... may apply for
Designation..."
#4. Claim: A petitioner states, "[the ordinance] ... provides that the owner shall preserve his
property against decay and deterioration and keep it free from structural defects.
Structure involves interior items sometimes. Welcome inside!"
Response: The implication that people may violate your constitutional right to privacy
and come inside your home to inspect it has clearly made some people afraid that their
homes will be invaded. This is completely misleading: the focus of the ordinance is
exterior only, and this is spelled out in so many words in Sections 010, 020, and 080.
1
#3. Claim: A petitioner states, "We are opposed to the ordinance as it has the potential of
interfering with our property rights as well as invading our privacy."
#2. Claim: Another petitioner states, "... the proposed ordinance is unconstitutional on its
face, and would be as applied."
Response: (To both statements):
• There is a long line of Supreme Court precedents beginning with Penn Central
Transportation Co. v. City of New York in 1978 supporting far more stringent
historic preservation ordinances than the Estes Park ordinance. We are aware of
no relevant Constitutional precedents that support the argument that this
ordinance would be unconstitutional, and any claims that it is unconstitutional
are clearly misleading.
• Such statements misrepresent the law of the land as expressed in current
constitutional precedents. Representing one's own opinion as the law of the
land, when that opinion contravenes settled law, is flat out wrong.
#1. Claim: Another petitioner states, "Values of existing homes will not go up with a
Historic District Designation. Once a buyer sees on county record that a Historic District
is involved... they will shy away from the property as these districts will have a
'perceived stigma'..."
Response: This statement is flatly contradicted by numerous research studies,
extending over several decades.
• The idea that historic districts reduce property values is blatantly untrue.
Independent researchers analyzing data from New Jersey, Texas, Indiana,
Georgia, Colorado, Maryland, North and South Dakota, Kentucky, Virginia, and
elsewhere have demonstrated that property values in local historic districts
appreciate significantly faster than the market as a whole in the vast majority of
cases and appreciate at rates equivalent to the market in the worst case. Local
historic districts enhance property values.
• The National Association of Realtors own website (www.realtor.org) reiterates
the above conclusions in an article titled "Getting a Historic Designation for Your
Neighborhood Can Boost Your Home's Value by as Much as One -Third." Enough
said.
2
These statements and many others like them have confused some of our citizens. We will
continue to challenge future misrepresentations of the ordinance, and encourage opponents of
preservation to base their arguments on facts. We look forward to debating the merits of the
new ordinance based on those facts, and hope that we have several opportunities to do so.
Voters for Historic Preservation is a coalition of citizens supporting historic preservation in Estes
Park. For more information, please e-mail Voters4HP@gmail.com.
3
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Last Dance? Denver considers eliminating downtown's all -walk "Barnes Dance"
A r. 16, 2010 4:00 am No comments ShareThis
The first tr'ffie-signal u?kh
a pedestrian "waik" corlset.esxt
was installed here by €ienry Barnes
in rg52 The resultant diagonal crossing
pattern was reminiscent of a square
dance and was colloquially, known
as "the Barnes Dance."
Barnes stated, 'The time had come
togive the pedestrian a 3o to 7ok
chance, of getting across
z. ...�.' the stir,t ,live.
Sidewalk plaque at 17th and Stout streets, the heart of downtown Denver. commemorates
the 58-year-old all -walk phase known as the Bames Dance. Inside Lane photo.
By Kevin Flynn
Inside -Lane. coin
Save the last dance for me!
Denver, the city that popularized the pedestrian -friendly all -walk diagonal -crossing Barnes Dance, is considering phasing it out of the busy
downtown grid as part of a larger evaluation of signal timing within the central business district.
Another Denver institution on the ropes? Could they leave the Barnes Dance, the cheeseburger and the ice cream soda in their native town and
instead eliminate the Denver Boot?
"We have preliminary data from our consultant and we're talking to stakeholders," said Matt Wager, director of operations for traffic engineering
services at Denver Public Works. "It's a complex discussion."
Pedestrians would still get "Walk" signals, but not the all -red diagonal crossing.
Wager said a decision is likely six months out. The "All Pedestrian Phase Study" is being done by Jacobs Engineering while a larger retiming study
of the downtown signal system, called the Downtown Denver Traffic Signal Retiming Study, is being done by Naviov Consulting Services.
"We are taking a look at signal timing downtown and are evaluating not only pedestrians but bicycles, autos and transit," Wager said. "We're always
evaluating signal timing downtown."
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Kevin Flynn's Inside Lane » Last Dance? Denver considers eliminating downtown's all-w... Page 2 of 3
In part, the retuning study is a response to RTD's anticipated introduction of four -car light rail trains along Stout and California streets. The longer
train consists — RID now operates two- and three -car consists on the Central Corridor downtown — will require more all -red clearance at cross
streets.
The so-called Barnes Dance refers to the inclusion of an all -red phase within the traffic signal cycle that stops vehicles on all approaches and allows
pedestrians to freely cross, including diagonally. It's called the Barnes Dance because it was brought to Denver by the city's visionary first traffic
engineer, Henry Barnes. He did not come up with it, but was the first to apply it in an entire downtown zone when it went live in 1952.
Henry Barnes, left, in Baltimore
with traffic signal inventor Charles
Adler, center, installing a plaque at
the 1928 location of Adier's first
signal. Photo from Signalfan.com
Barnes was among the forward -thinking leaders brought to town in 1947 by newly elected reformer Mayor Quigg Newton, who had ousted the tired
old -school regime of Ben Stapleton. Barnes was a pioneer traffic engineer whom Newton brought in from Flint, Mich. He helped spread not only the
inclusion of pedestrian movements with traffic signal timing, but also such concepts as synchronized progressive signal timing along travel corridors,
which he called the "Green Wave," actuated signals set of by a pedestrian pushing a button or the presence of a vehicle, and the fading -from -favor
use of one-way couplet streets throughout the city — think 13th and 14th avenues, Eighth and Sixth avenues, York and Josephine streets, Santa Fe
Drive and Kalamath Street.
In his autobiography, "The Man with the Red and Green Eyes," Barnes said he came up with the notion for the all -walk phase while dropping his
daughter off at school and watching her try to cross the street with her friends. People trying to cross the scree during breaks in traffic were playing
games of chicken. In a presentation in Los Angeles to a meeting of the Institute of Traffic Engineers, Barnes told them:
"As things stood now, a downtown shopper needed a four-leaf clover, a voodoo charm, and a St. Christopher's medal to make it in one piece from
one curbstone to the other. As far as I was concerned — a traffic engineer with Methodist leanings — I didn't think that the Almighty should be
bothered with problems which we, ourselves, were capable of solving. Therefore, I was going to aid and abet prayers and benedictions with a
practical scheme: Henceforth, the pedestrian — as far as Denver was concerned — was going to be blessed with a complete interval in the traffic signal
cycle all his own. First of all, there would be the usual red and green signals for vehicular traffic. Let the cars have their way, moving straight
through or making right turns. Then a red light for all vehicles while the pedestrians were given their own signal. In this interim, the street crossers
could move directly or diagonally to their objectives, having free access to all four comers while all cars waited for a change of lights."
Barnes acknowledged there were such intersections already using such a signal by the 1940s in Kansas City, Vancouver and a few other places. But
Denver was where Barnes had them installed throughout the business district, where for the most part they remain in use today.
But downtown Denver has changed.
The 1982 debut of the 16th Street Mall into the traffic flow presented signal timing issues. To accommodate the transit shuttles, 16th was converted
to two-way traffic from its former one-way function in the downtown grid. Engineers had to integrate efficient timing for RTD's shuttle business
going in both directions into a total 75-second cycle from green to green. Also, since the original Denver grid is platted on a 45-degree diagonal to
north -south -east -west, the connections to East Denver and Golden Triangle streets east of Broadway and south of Colfax Avenue present timing
issues.
Wager said Denver uses the mall shuttle movement as the starting point for setting all the other timings.
The diagonal crossing was dubbed the "Barnes Dance" after Denver Post city hall reporter John Buchanan wrote that, despite citizen and official
apprehension in advance of its introduction, the innovative all -walk phase had pedestrians "dancing in the street"
Barnes also oversaw the demise of the Denver Tramway's 1950 conversion of the city's extensive but aging streetcar lines to buses — having been
quoted as saying he had no objection to streetcars except that they ran in the street.
Barnes departed Denver a year after introducing his dance and became traffic engineer in Baltimore, where he introduced computerized signal
controls. He was hired to be New York City's traffic commissioner in 1962 by Mayor Robert Wagner. Barnes used the all -walk phase in Manhattan,
although only a few locations remain in use today.
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Kevin Flynn's Inside Lane » Last Dance? Denver considers eliminating downtown's all-w... Page 3 of 3
He died of a heart attack on the job in New York in 1968, at the age of 61.
On a personal note, my own subconscious awareness of the Barnes Dance and downtown signal timing nearly got me whacked by a car when Denver
altered signal timing with little fanfare years ago. While working at the Rocky Mountain News, I was in the habit of taking reading material with me
when walking to appointments or lunch. The timing patterns had been inculcated into my brain for years: Named streets got the green light first, then
the numbered streets, followed by the all -walk Barnes Dance.
One day, wallcing back to 400 W. Colfax from the Brown Palace, I stepped to the curb at Tremont Place and 17th Street, my nose in a book, looking
to cross west toward 16th. When the last of the traffic zoomed past me on 17th, I started out into the street still reading, confident Henry Barnes had
my back.
But I heard cars starting out from Tremont, including some making a left turn right into my path. I looked up to see a bumper coming at me, and
jumped back.
I found out Denver traffic engineers had flipped the order of the signal phases east the mall. Numbered streets now went first, named streets second.
Tagged: 16th Street Mall Barnes Dance Denver Henry Barnes, Highways, pedestrians, Regional Transportation District, RTD
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June 14, 2011
To: Honorable Mayor Bill Pinkham and the Estes Park Town Board of Trustees
From: Johanna Darden, Full -Time Resident „,
501 Mac Gregor Avenue
Estes Park, Colorado 80517
-PA;;-21-/
Re: Wildlife Volunteers, Town Projects Approval Process
I thank Mayor Pinkham and the Town Board of Trustees of Estes Park for supporting the
Estes Valley Parks and Recreation Department and the Colorado Department of Wildlife
in their effort to educate the public about our elk population. The EVPRD wildlife
volunteers who are working in the area of the Lake Estes Mathew -Reeser Bird Sanctuary
have received very positive feedback from the many people who use this area. Many elk
calves have been born in the past several weeks. Volunteers have given sound advice to
people about their location and habits in order to avoid confrontation with the elk. People
were interested and appreciated the concern shown for their safety. The new signs
reminding people that aggressive elk may be present and those prohibiting dogs, which
are considered predators by the elk, are another very positive step that has been taken to
permit people to enjoy the beauty of this area safely. I hope we can continue this very
positive effort.
I believe the process to determine what projects the Town of Estes Park supports is
flawed. I do not understand why various Town departments under the direction of our
Town administrator can choose a project before determining if the majority of Estes Park
citizens think the project necessary or desirable. Town representatives make decisions
before obtaining input of most of our citizens. For example:
1) At the suggestion of a few, a design consultant was hired by the Town to provide plans
for the renovation of Bond Park. After "Stakeholder" and "Focus" group meetings were
held, three Bond Park designs were presented to the general public for them to choose a
plan. Not all representatives at the focus groups represented the views of their
organization members, and the end result was not always what those attending the
meetings had anticipated it would be. The Estes Park Town Board meeting to approve
Phases I and III of the presented plan and use of the citizens' "Help Preserve Open
Spaces Initiative" funds did not allow public opinions to be heard before the vote was
taken. This entire process was flawed.
2) At this time the Town Board of Trustees of Estes Park will consider submitting a
proposal being put forth by the Elkhorn Project, Inc. to ask for money provided through
the Regional Tourism Act. The intention of this Act is to bring tourists to Colorado from
outside of our State. Only a government entity can submit the proposal. There have been
updates at Town Board meetings about the proposal, but at no time were citizens
permitted to voice their concerns in a Town sponsored public forum as to whether the
Town should support this project. Whether the Town of Estes Park
Estes Park Town Board Meeting of June 14, 2011 Page 2 of 3
provides any money towards this project is not the point. If the Town submits this
proposal to the Regional Tourism Authority, the Town is indicating support of the
project. I believe there is already a proposed Memorandum of Understanding between
the Town and Elkhorn Project, Inc. I do not believe a Memorandum of Understanding or
Town submission of the proposal to the Regional Tourism Authority is appropriate before
open discussion by the Estes Park citizens to determine whether citizens would like to
support this project. The Estes Park Town Board has been spending its time working out
these details before the Town citizens have had the opportunity to speak out in favor or
opposition of the Elkhorn Project, Inc. Could one surmise that the Town Administrator
and Town Board of Trustees have already set an agenda? My understanding is that the
assessed value of all the Elkhorn Lodge and associated property is $1,500,000. Could the
Town of Estes Park have not more appropriately used the "Help Preserve Open Spaces
Initiative" monies to keep that property open and still historically preserve the buildings?
Bond Park renovation is estimated to cost more than $2M for six phases. Perhaps we can
transfer the money being spent for the renovation of Bond Park from the Community
Reinvestment Fund account into the "Help Preserve Open Spaces Initiative" account.
The Elkhorn Project, Inc.'s website states, "The Elkhorn Project is designed to increase
winter tourism to Estes Park through its preservation of historic Elkhorn Lodge and its
many buildings, the development of a ski and sport adventure park, and the expansion of
cultural attractions in Estes Park with a cultural heritage museum and performing arts
center." It seems they would like the Estes Park Performing Arts Center to relocate to
the Elkhorn property.
The Town of Estes Park has committed support to SOPA if they can raise money to build
the Estes Park Performing Arts Center. At an informational meeting provided by the
Association for Responsible Development a SOPA board member was asked if he really
thought significant numbers of people would drive to Estes Park in the winter to attend
events at the performing arts center. He did not think they would, but he felt enough
money would be generated during the summer months to pay for the winter slowdown.
The video of the Estes Park Performing Arts Center shows it is to be located at the
southeast corner of the Stanley Fairgrounds and not at the Elkhorn Project, Inc., location.
There is a proposed Memorandum of Understanding with the Town and SOPA regarding
the Estes Park Performing Arts Center.
3) Another already in the works project is the proposed Wildlife Walk at the Mathew -
Reeser Bird Sanctuary near Lake Estes. People using that area have asked about the
section of fence standing in that area. The Estes Park Tree Board has already obtained
promises from the Estes Valley parks and Recreation Department for the fence to keep
the elk from the very large riparian wetlands area near the Mathew -Reeser Bird
Sanctuary. A proposal has already been submitted for more funds to create the Wildlife
Walk through the Bird Sanctuary.
Estes Park Town Board Meeting of June 14, 2011 Page 3 or 3
In short, let us have open government and address Estes Park citizens concerns about
projects before approving them.
Thank you for hearing my views. Please enter this statement into the Public Record.
Town of Estes Park, Larimer County, Colorado, May 24, 2011
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 in said Town
of Estes Park on the 24th day of May, 2011. Meeting called to order by Mayor
Pinkham.
Present:
Also Present:
William C. Pinkham, Mayor
Chuck Levine, Mayor Pro Tem
Trustees Eric Blackhurst
Mark Elrod
John Ericson
Wendy Koenig
Jerry Miller
Greg White, Town Attorney
Jacquie Halburnt, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
FINANCIAL REPORTING AWARD.
Finance Officer McFarland presented the Board with the Certificate of Achievement for
Excellence in Financial Reporting for the Comprehensive Annual Financial Report for
the fiscal year ending on December 31, 2009.
PUBLIC COMMENT.
Curt Gleaves/Elkhorn Project Inc.; (EPI) stated the deadline for RTA applications has
been movedto the end. of June 2011...,EPI. continues to work on a draft Memorandum
of Understanding between EPI and the Town for the potential project. A draft economic
impact analysis has been prepared and is under review by EPI before forwarding it to
the Town Board. The Colorado legislature has approved a change to the RTA to allow
approval of up to 2 applications per year for the next 3 years.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Elrod reviewed the items addressed at the recent Estes Valley Planning
Commission meeting. A public comment was heard during the meeting with regard to
the rental of ADUs and grandfathering of such units. The EVPC suggested the
individual express their concerns to the Town Board.
Mayor Pro Tem Levine announced the annual Tree Symposium would be held on May
25, 2011 in the Board room from 8:00 a.m. to 12:00 p.m.
Trustee Koenig stated Sister Cities plans to send students to Costa Rica are
proceeding. The Rooftop Rodeo continues to prepare for this year's rodeo and awaits
all that will participate and attend.
Trustee Miller reported the Marketing Committee met and discussed the continued
increase in downloads and electronic communication. The LMD has narrowed the field
to three for the branding consultant with the hopes of having the selected company in
place by the end of June.
TOWN ADMINISTRATOR REPORT.
Board of Trustees — May 24, 2011 — Page 2
Stated the reports portion of the agenda have been moved to the end of the agenda as
suggested by the Board at the last meeting. This is an effort to address action items
earlier during the meeting.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 10, 2011 and Town Board Study Session
Minutes dated May 10, 2011.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities and Public Works, May 12, 2011.
1. Moraine Avenue Pedestrian Improvements - Design Engineering
contract, McDowell Engineering, $33,922 — Budgeted.
4. Estes Valley Planning Commission Minutes dated April 19, 2011
(acknowledgement only).
5. Estes Valley Board of Adjustment
(acknowledgement only).
Minutes dated April 5, 2011
6. Creative Sign Design Review Board Minutes dated March 1, 2011
(acknowledgement only).
It was moved and seconded (Levine/Blackhurst) the Consent Agenda be approved,
and it passed unanimously.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action. Mayor Pinkham opened the Public Hearing for
all Action Agenda Items.
1. ACTION ITEMS.
A. ORDINANCE #15-11 Amendment to the Estes Valley Development
Code Amend sections of the EVDC to allow townhome
subdivisions in additional zoning districts and to redefine
"townhome." Director Chilcott reviewed the proposed amendments
to allow townhome subdivisions in additional zoning districts and
redefine townhome in the code. The amendments would allow free-
standing ,; and two -unit townhome subdivisions, and would allow
townhomes in the "R-1" and "R-2" zoning districts. The amendment
would clarify ownership, not the form of development; therefore, would
not affect allowed density, required landscaping, road or stormwater
standards, or wildlife habitat protection standards. Attorney White
read the ordinance. As there were no public comments, the Mayor
closed the public hearing. It was moved and seconded
(Blackhurst/Miller) to approve Ordinance #15-11, and it passed
unanimously.
ACTION ITEMS:
1. ORDINANCE #13-11 AMENDING SECTION 9.08.080 HARASSMENT.
Commander Rose reviewed the Ordinance presented to the Board on May 10,
2011, which would bring the Municipal Code in line with current language in the
Colorado Revised Statutes to address electronic communication methods.
Attorney White read the ordinance. It was moved and seconded
(Levine/Miller) to approve Ordinance #13-11, and it passed unanimously.
2. RESOLUTION #07-11 AUTHORIZATION OF THE FIRE CODE ADOPTED BY
THE FIRE DISTRICT. Fire Chief Dorman briefly reviewed a presentation
Board of Trustees — May 24, 2011 — Page 3
provided to the Town Board during a study session held on May 10, 2011,
highlighting fire codes monitor the maintenance of required building code
elements such as fire suppression devices; Estes Park continues to be one of
the larger communities without a fire code; the Park Theater Mall fire
demonstrated the community is vulnerable; the Fire District Board performed a
strategic plan and addressed the need to adopt a fire code; and the Town's
Chief Building Official has been involved in reviewing regulations and
developing local amendments to the fire code to ensure coordination and
compatibility between the building and fire code. The Fire District Board
adopted the 2009 International Fire Code on April 27, 2011. Both the Town of
Estes Park and Larimer County must approve resolutions to authorize the fire
code within the respective jurisdictions. The Larimer County Commissioners
unanimously approved a resolution on May 24, 2011 for the unincorporated
areas of Estes Park. It was moved and seconded (Levine/Miller) to approve
Resolution #07-11, and it passed unanimously.
3. REVISED 2011 ORGANIZATIONAL CHART.
Town Administrator Halburnt presented the Board with a revised 2011
organizational chart. The chart includes the formation of the Administrative
Services department responsible for all Town Clerk and Human Resource
duties. All Board appointed Commissions, Committees and Boards were
removed from the chart and placed in, a separate box to the side to provide a
clear delineation of responsibility. It was moved and seconded
(Ericson/Koenig) to approve the revised 2011 organization chart, and it
passed unanimously.
4. STAFF REPORTS:
1. SALES TAX AND 1ST QUARTER FINANCIAL UPDATE.
Finance Officer McFarland provided an overview of the 1st quarter sales tax
stating through March sales tax is ahead of budget by .6% and by 6.7% in
2010. Analysis shows that smaller categories are up while the larger
categories (retail, food and utilities) are down. The sales tax rate of change
through March is trending upward. The General fund revenues are 17.9% of
budget with 33% of the year complete. Revenues are lagging budget due to
timing and; cyclicality of sales tax receipts. Expenditures are at 38% and are
due mostly to the pay out of community service grants. The Enterprise
revenues are at 34% with expenditures under budget. Investments are in very
short term maturity horizons and are the safest option during these financial
times. This year there has been a reduction in the fee structure for the Town's
investment manager to help control costs.
2. CAPITAL PROJECT UPDATE.
Bond Park would have a final inspection on May 26thand a final punch list for
the project would be created. Final work continues on the drainage easement
and landscaping. Kevin Ash/Public Works Engineer was recognized for his
work in addressing major engineering and scheduling issues during the project.
The transportation hub has slipped schedule by 5 days because of weather
conditions; however, the June 2nd Farmers Market would have a hard surface
to conduct business.
Prospect Avenue repairs have been completed and staff would complete a
walk through prior to final acceptance.
Whereupon Mayor Pinkham adjourned the meeting 7:55 p.m.
William C. Pinkham, Mayor
Board of Trustees — May 24, 2011 — Page 4
Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado, May 24, 2011
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in
Rooms 202 & 203 in said Town of Estes Park on the 24th day of May, 2011.
Board:
Also Attending:
Absent:
Mayor Pinkham, Mayor Pro Tem Levine, Trustees
Blackhurst, Elrod, Ericson, Koenig and Miller
Deputy Town Administrator Richardson, Town Attorney
White, Finance Officer McFarland, Town Clerk Williamson
None
Mayor Pinkham called the meeting to order at 5:00 p.m.
MEET AND GREET SHERIFF JUSTIN SMITH.
Sheriff Justin Smith met briefly with the Board to introduce himself and provided a
current overview of the Larimer County Sheriffs department. He reviewed the
upcoming sunset for the sales tax collection for jails in Larimer County in 2013. The
issue of extending the sales tax may be presented to the voters at the upcoming
coordinated election in 2011. He extended an invitation to the Board to tour the county
jail facility.
GREENPLAY PRO FORMA.
Finance Officer McFarland and Chris Dropinski/Greenplay presented updated pro forma
information for the proposed Multi Purpose Event Center (MPEC) stating that additional
information was made available for review including the 2010 Estes Park Visitors Study
Year End Roll -Up Report completed by the LMD. The numbers generated by staff,
Greenplay and Guest study were shown as individual dollars spent versus a group or
family. Ms. Dropinski stated Greenplay used a conservative approach when analyzing
the project. She also stated each similar facility reviewed had different uses, and
therefore, it was difficult to compare them due to local conditions.
Discussion was heard on the need to replace the current barns at the fairgrounds and
not the overriding need for a MPEC; concern was raised on the feasibility of using the
building for public events due to health concerns after being used as stables; and the
building as proposed could be scaled back to be more functional if it were used for
events only and a separate barn was built; and Trustee Miller maintains the cost of a
simple barn structure for stables would be considerably less than staffs current
estimate. The MPEC discussion would continue during the upcoming Town Board
Budget Study Session scheduled for July 8, 2011.
1st QUARTER FINANCIAL AND SALES TAX REPORT.
Finance Officer McFarland provided an overview of the 1st quarter sales tax stating
through March sales tax is ahead of budget by .6% and by 6.7% in 2010. The Town
continues to fair well when compared to other CAST communities. The review of major
categories demonstrates a large increase for lodging due to a large credit issued from a
previous overpayment in 2010 and a lodging facility paying back due taxes in 2011.
The sales tax rate of change through March is trending upward. At this point in time,
sales tax is on target to meet budget for 2011. The General fund revenues are 17.9%
of budget with 33% of the year complete. Revenues are lagging budget due to timing
and cyclicality of sales tax receipts. Expenditures are at 38% and are due mostly to the
pay out of community service grants. The Enterprise revenues are at 34% with
expenditures under budget.
FUTURE AGENDA ITEMS.
RECORD OF PROCEEDINGS
Town Board Study Session — May 24, 2011 — Page 2
The future agenda items were reviewed for upcoming Study Sessions. Trustee Miller
requested the Town owned property discussion scheduled for June 28th be moved to
the first meeting in July to allow the Transportation Visioning Committee to present an
update to the Board on June 28th.
There being no further business, Mayor Pinkham adjourned the meeting at 6:42 p.m.
Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado, June 9, 2011
Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC
WORKS COMMITTEE of the Town of Estes Park, Larimer County,
Colorado. Meeting held in the Town Hall in said Town of Estes Park on
the 9th day of June, 2011.
Committee:
Attending:
Also Attending:
Chair Blackhurst, Trustees Ericson and Koenig
Chair Blackhurst, Trustees Ericson and Koenig
Town Administrator Halburnt, Deputy Town Administrator
Richardson, Chief Kufeld, Dir. Bergsten, Dir. Zurn, and
Deputy Town Clerk Deats
Absent: None
Chair Blackhurst called the meeting to order at 8:0
PUBLIC COMMENT.
Comments from Charley Dickey related to
and Moraine Avenue were made part of the pi
to respond to his concerns.
PUBLIC SAFETY.
AMEND CHAPTER 10.16 TO ALLO
STANLEY FAIRGROUNDS-
The recent development z
made it necessary, to regulate
Chapter 10.16 of the Municipal
vehicles (RV) on Town prop
recreation vehicles,
amendmentwould R1
periods greater than eighte
Winslow clarified that only
allow
the intersection of Elkhorn
Staff will contact Mr. Dickey
ATIONAL VEHICLES AT
Oh Hub at- the Stanley Fairgrounds has
ire new facility. Staff proposes amending
to the use and parking of recreational
overnight vehicle parking, not including
sing lot by permit only. The proposed
o be used f61 ling and sleeping purposes and parked for
18) consecutive hours at Stanley Fairgrounds. Manager
e participating in special events at the Fairgrounds
Transpo
irking at v
,ode relatin
urrently,
would be allowed to camp overn g,,in the lot and that it would be used only in overflow
situations when the number of campers exceeds the capacity of the camping area
located at the northeast corner of the fairgrounds property. Mgr. Winslow stated the
overflow situation will like+`occur only once a year, during the Hunter -Jumper event,
and that campers mps obtain a permit from Fairgrounds staff. The Committee
discussed the locati of the overnight parking spaces and concerns about proximity to
the entrance to they°°grandstands and the potential for issues with pedestrian traffic.
They recommended adding language to the ordinance to clarify that only permitted
recreational vehicles are allowed in conjunction with a special event at Stanley
Fairgrounds.
The Committee recommends approval of the ordinance to amend Chapter 10.16 of
the Municipal Code to allow parking of recreational vehicles at Stanley
Fairgrounds with the requested changes and additions, and asked that information
related to current RV parking regulations be included with the Town Board packet
materials.
UTILITIES.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Hydroplant and Research Facility Grant Application. Dir. Bergsten informed the
Committee of an application made by Colorado State University for a grant to
RECORD OF PROCEEDINGS
Public Safety/Utilities/Public Works Committee —June 9, 2011 — Page 2
construct a micro -hydroelectric power plant to serve as a research and development
facility. CSU is requesting that the Town consider commercially participating in this
project. The plant, which would be located at the base of Olympus Dam, would
generate 80 kW of electricity which could be provided to Town of Estes Park Light
and Power customers. Dir. Bergsten estimated that the initial cost to the Town to
participate in the project could be as high as $425,000. The Committee discussed
concerns related to the amount of the investment; ownership and maintenance of
the facility; and the economic feasibility of the project. Town Administrator Halburnt
acknowledged the Committee's concerns about whether the project makes financial
sense and said staff will monitor the awarding of the grant which is to take place in
September.
PUBLIC WORKS.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Capital Project Updates.
a. Transportation Hub: Dir. Zurn said that the Transportation Hub is complete
except for punchlist items. He noted that wi h` he d for the Hub coming in
lower than expected, additions to the project were; made possible. Ad
alternates included the construction ofthewbus shelter, at d additional trees
and lighting. The overlay of the existing parking lot and Manford Avenue
were accomplished by a change order to the project and available funds. He
noted that an irrigation system will be added, and as the Stanley Fairgrounds
master plan is implemented, additional -landscaping will be added in the area.
He said the contractor is currently in the process of securing materials to
complete the lighting prior to the ribbon utting on June 17`h. Town
Administrator Halburnt confirmed that staffs researching a gate to limit
access to 41h Street to be opened and closed ded.
� r
Dir. Zurn said the ribbon -cutting for the Trans,) ortation Hub is scheduled for
1:00 p.m. on,r,Friday` JLne 17 fide also noted that a project between the
Colorado Department of Transportation (CDOT), Rocky Mountain National
Park (RMNP), and the Town of Estes. Park will provide data related to the use
of the Transportation Hu Data will be gathered beginning in late June
hrough August # y`surveying users of the facility. In July, variable message
ins will, be placed in Lyons and along Highway 36 directing commuters to
facility.:'..'.
Bond Park: Phases I arid III are complete and the park was turned over to
Town for use, prior to Memorial Day weekend. Shortly thereafter the
pavers on MacGregor Avenue began to pop due to traffic load necessitating
the closure ofthe road. Dir. Zurn stated that the installation took place during
wet weather conditions and that there is high ground water in that area. A
geotechnil firm has been hired to evaluate whether the pavers were
installed according to specifications; their decision has not yet been received.
Comments about Bond Park from the community and the organizers of the
Memorial Day Art Show have been positive. Trustee Blackhurst made a
request to revisit the scope and size of the hardscape area in Phase II of the
Bond Park development prior to the budgeting process.
There being no further business, Chair Blackhurst adjourned the meeting at 8:55 a.m.
Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
May 3, 2011, 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Wayne Newsom, Members Bob McCreery, John Lynch, Chuck
Levine, and Pete Smith; Alternate Member Jeff Moreau
Attending: Chair Newsom, Members McCreery, Lynch, Levine, Smith
Also Attending: Planner Shirk, and Recording Secretary Thompson
Absent: None
Chair Newsom called the meeting to order at 9:00 a.m.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence.
1. PUBLIC COMMENT
None.
2. CONSENT
Approval of minutes of the April 5, 2011 meeting.
It was moved and seconded (McCreery/Smith) to approve the minutes as
presented and the motion passed unanimously.
3. TBD MOON TRAILWAY, LITTLE VALLEY 2ND FILING
Planner Shirk reviewed the staff report. The applicant has requested a variance to Table
4-2 "Base Density and Dimensional Standards" of the Estes Valley Development Code to
allow a front yard setback of 30-feet in lieu of the 50-foot setback required and a side yard
setback of 25-feet in lieu of the 50-foot setback required. The purpose of the variance
request was to build a new detached single-family residence. The property is zone RE —
Rural Estate. This lot is sub -sized for the zone district.
Planner Shirk stated staff finds that special circumstances exist. The lot has a triangular
building area if all setbacks are applied. The eastern portion of this triangle contains a
drainage swale. Planner Shirk stated because the nearest structure is over 100-feet
away, granting the variances would not violate the intent of the code for adequate building
separation. Planner Shirk recommended the impact on the neighborhood would be
minimal. Staff did not analyze the proposed building size with those in the nearby
neighborhood.
Planner Shirk stated the request was submitted to reviewing agency staff for
consideration and comment. No significant concerns were expressed. The closest
neighbor to the property commented in support of the variance request, and the Little
Valley Owners Association was also supportive of the request. Planner Shirk stated a
property owner downhill from the applicant's property was concerned about erosion.
Based on this, the Larimer County Engineering Department recommended an erosion
control plan be submitted with the building permit application. Another property owner
expressed concern about the amount of potential construction activity.
Staff recommends approval of the requested variance, with three recommended
conditions of approval.
Staff and Board Discussion
There was a brief discussion about the proposed driveway.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
May 3, 2011
Public Comment
Celine LeBeauNan Horn Engineering clarified that an erosion control plan would be
included with the building permit application. She stated the proposed dwelling would be
on a portion of the lot with fewer trees than other areas of the lot, which would help with
limits of disturbance.
Conditions
1. Compliance with the site plan and building design, as approved by the Board of
Adjustment.
2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide
to the Community Development Department a signed and stamped certificate that
specifically verifies that the structure complies with the approved variance, and shall
include a specific reference to the distance to property lines. Staff recommends a
surveyor set survey stakes for foundation forms to ensure compliance with the
approved variance.
3. Prior to issuance of a building permit:
a. The builder shall meet with the Light and Power Department to discuss electrical
connection.
b. A detailed grading and erosion control plan shall be approved by the Larimer
County Engineering Department.
It was moved and seconded (Lynch/Smith) to approve the variance request with the
findings and conditions recommended by staff and the motion passed
unanimously.
4. REPORTS
Planner Shirk reported the Creative Sign Design Review Board would be meeting to hear
a request for a temporary banner time extension at Claire's Restaurant due to the Bond
Park renovation.
Planner Shirk reported an item previously on the agenda was withdrawn by staff. The
request was a challenge to staff's interpretation of the EVDC 6.1.0 - Alteration of Non-
conforming Uses and Structures.
There being no further business, Chair Newsom adjourned the meeting at 9:17 a.m.
Wayne Newsom, Chair
Karen Thompson, Recording Secretary
Memo
To:
Honorable Mayor Pinkham
Board of Trustees
Town Administrator Halburnt
From: Jackie Williamson, Town Clerk
Date: June 13, 2011
RE: Referendum Petition Requesting Repeal of Historic Preservation
Ordinance #09-11
Background:
On March 25, 2011, I received a phone call from Ann Racine with regard to filing a
referendum petition. On March 29, 2011, a referendum petition was submitted
requesting the Board of Trustees repeal Ordinance 09-11 Historic Preservation. After a
second review, the first printer's proof was approved on April 4, 2011. State statute 31-
11-104 requires a petition to be signed by at least 5% of the registered electors; the
total number of signatures required was 222. On April 15, 2011 petitions were
submitted by petition proponents Connie Rae Phipps and Ann Melva Racine with a total
of 21 petitions containing 357 signatures.
A signature verification (based on the Larimer County Voter Registration Records) was
completed on May 2, 2011 and the following was determined:
• Twenty-one (21) signatures were disqualified (approximately 7.9%).
• Two -hundred forty-four (244) signatures were verified.
• Seventeen petitions were used to verify the necessary number of signatures.
• A Statement of Sufficiency was issued on May 2, 2011 to the Board of
Trustees and the petition proponents.
• On May 25, 2011 a protest to the Referendum Petition was submitted per
CRS 31-11-110 by Belva Sharron White and Robert C. Ernst.
• A protest hearing was held on June 8, 2011 and the findings of the hearing
were issued on June 13, 2011 finding the petition sufficient and establishing
the final determination of petition sufficiency.
The Board of Trustees must consider the Referendum Petition and either: (1) repeal
Ordinance 09-11 Historic Preservation, or (2) refer the issue to the registered electors of the
municipality at a regular or special election on a Tuesday, held not Tess than 60 days and
not more than 150 days after the final determination of petition sufficiency by adopting
Resolution 08-11.
If the Town Board does not repeal Ordinance 09-11 and sets the issue to a vote the
following options are available:
• Approve an IGA with the County to participate in the upcoming coordinated election on
Tuesday, November 8, 2011. The cost of the election would be approximately $7,000 —
15,000 per the Larimer County Election office. The final cost would be determined once
the county has established which entities would have issues on the coordinated ballot.
• Set the issue for a special election as noted above. The Larimer County Election Office
would not be able to conduct a mail ballot election for the Town because they are
preparing for the coordinated election in November. Therefore, the Town Clerk's Office
would conduct a mail ballot election on a Tuesday starting August 16, 2011 through
November 8, 2011 (coordinated election date). The cost to conduct the mail ballot
election in house would be approximately $9,260.
Budget:
The cost of the election would be paid from election accounts # 101-1400-414)O(--XX.
The2011 budget contains $6, 500.
Staff Recommendation:
Staff has included calendars to provide the Trustees with possible election dates. If the
Board chooses to hold a mail ballot election in house any date highlighted in yellow or
blue can be used; however, staff would recommend one of the dates highlighted in blue.
This would allow enough time to coordinate printing and mailing of the ballots, and
provide separation from the mail ballots for the coordinated election which would most
likely be mailed the week of October 17tn
Sample Motion:
Motion #1:
I move to approve/deny the repeal of Ordinance 09-11 Historic Preservation.
Motion #2 if applicable: (If the Ordinance is not repealed a second motion would be
needed to set the election date.)
I move to adopt Resolution 08-11 to set the Referendum Petition for Ordinance 09-11
for the coordinated election on November 8, 2011.
Or
I move to adopt Resolution 08-11 to set the Referendum Petition for Ordinance 09-11
for a special election on Tuesday,
RESOLUTION NO. 08-11
WHEREAS, on April 1, 2011, an Referendum Petition for Ordinance 09-11
Historic Preservation was filed with the Town Clerk and a first printer's proof was
approved on April 4, 2011; and
WHEREAS, on April 15, 2011 twenty-one petition sections were delivered to the
Town Clerk and on May 2, 2011, the Town Clerk issued a Statement of Sufficiency to
the Town Board and petition proponents finding the Referendum Petition had the
requisite number of signatures; and
WHEREAS, on May 25, 2011, a protest of the Referendum Petition was filed in
accordance with CRS 31-11-110 and a protest hearing was held on June 8, 2011; and
WHEREAS, the Town Clerk as the hearing officer found the Referendum
Petition sufficient and provided the findings of the protest hearing in writing to the
protestors and petition proponents on June 13, 2011, thereby establishing the final
determination of petition sufficiency; and
WHEREAS, the Board of Trustees have reviewed the Referendum Petition and
following said review the Board of Trustees did not repeal Ordinance 09-11; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES
OF THE TOWN OF ESTES PARK, COLORADO, as follows:
1. The Referendum Petition file on April 1, 2011 is hereby referred to the
registered electors of the Town of Estes Park, Colorado for the
or
2. The Town Board hereby designates the Town Clerk to promptly fix a
ballot title for the election and certify the ballot.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK on this day of , 2011
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
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TOWN or F S 1 ES Pr' TUK
Memo
To: Honorable Mayor Pinkham
Board of Trustees
From: Wes Kufeld, Chief of Police
Date: June 14, 2011
RE: Ordinance #16-11 Amending Chapter 10.16 to Allow Parking of
Recreational Vehicles at Stanley Fairgrounds
Background
Stanley Fair Grounds Property
Due to the recent development of the Transportation Hub at the Stanley Fairgrounds,
staff finds it necessary to regulate parking specifically recreational vehicles in that
location in order to insure the proper use of the parking facility, therefore, an ordinance
is being proposed amending Chapter 10.6 of the Municipal Code relating to the use and
parking of Recreational Vehicles on Town Property. This amendment proposes:
Section 1 Section 10.16.010 of the Municipal Code shall be amended by the addition
of Sub -section (e) to read as follows:
(e) Notwithstanding the provisions of subsections (a), (b), and (c) of this
Section, recreational vehicles may be used for living and sleeping
purposes and park for periods greater than eighteen (18) consecutive
hours by permit only and in conjunction with a Town sanctioned special
event on the following Town properties:
(1) Stanley Park Fairgrounds
This is a recommended amendment to the current ordinance relating to overnight
parking, which states; "No overnight parking or camping in any Town owned parking
lot or street unless posted or by permit only." This ordinance is enforced by the Police
Department consistently. Currently the only location allowing for overnight parking in
town limits is the CVB parking lot, (east end of lot) by permit only which does not include
recreational vehicles.
The ordinance was revised to include all of Stanley Park property. This ordinance has
been reviewed and approved by Attorney White.
Budget
No budgetary impact.
Page 1
Recommendation
I move to approve/deny Ordinance #16-11: Amending Chapter 10.16 of the Municipal
Code relating to the use of parking of recreational vehicles on Town property.
Page 2
ORDINANCE NO. 16-11
AN ORDINANCE OF THE TOWN OF ESTES PARK
AMENDING CHAPTER 10.16 OF THE MUNICIPAL CODE RELATING TO
THE USE AND PARKING OF RECREATIONAL VEHICLES ON TOWN PROPERTY
WHEREAS, the use and parking of recreational vehicles within the Town is
restricted by Chapter 10.16 of the Municipal Code; and
WHEREAS, it is necessary to allow overnight parking and expanded use of
recreational vehicles on the Stanley Park Fairgrounds in order to accommodate
participants in events on said property;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO, as follows:
Section 1. Section 10.16.010 of the Municipal Code shall be amended by the addition
of Sub -section (e) to read as follows:
(e) Notwithstanding the provisions of subsections (a), (b), and (c) of this
Section, recreational vehicles may be used for living and sleeping
purposes and park for periods greater than eighteen (18) consecutive
hours by permit only and in conjunction with a Town sanctioned special
event on the following Town property:
(1) Stanley Park Fairgrounds
Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its
adoption and publication.
INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK on this day of , 2011.
TOWN OF ESTES PARK, COLORADO
Mayor
ATTEST:
Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the day of , 2011, and
published in a newspaper of general publication in the Town of Estes Park, Colorado on
the day of , 2011
Town Clerk
Chapter 10.16
Recreational Vehicles, Travel Trailers and Tents
10.16.010 Regulations.
(a) No recreational vehicle, as the same is defined in Chapter 13 of the Estes Valley
Development Code, shall be parked on any of the streets, alleys, highways, parking lots or other
public ways of the Town in violation of any parking regulation of the Town. In no event shall any
recreational vehicle be parked on any of the streets, alleys, highways, parking lots or other public
place of the Town for a period greater than eighteen (18) consecutive hours.
(b) No recreational vehicle, as the same is defined in Chapter 13 of the Estes Valley
Development Code, shall be used for living or sleeping purposes or as a store, office or place for the
carrying on of a business, trade or profession within the Town, unless it is located in an approved or
legal nonconforming RV park pursuant to the applicable terms of the Estes Valley Development
Code.
(c) Any recreational vehicle, as the same is defined in Chapter 13 of the Estes Valley
Development Code, may be parked for a period of greater than eighteen (18) consecutive hours and
used for living or sleeping purposes in an approved or legal nonconforming RV park pursuant to the
provisions of the Estes Valley Development Code.
(d) No tent, temporary shelter, canopy or tepee, including all or any part of the supporting
framework, shall be used for living or sleeping purposes or as a store, office or place for carrying on a
business, trade or profession within the Town except as follows:
(1) As an accessory use to a residential dwelling so long as the use is temporary and does not
exceed a period of seven (7) consecutive days.
(2) As an accessory use to a commercial use so long as it is not used for living or sleeping
purposes, the use is temporary and the temporary use does not exceed thirty (30) days in any
calendar year.
(3) The use does not occur within the C-D Downtown Commercial District.
(4) As an accessory use to any Town -sponsored or approved event.
(5) As an accessory use on any Town -owned or occupied property.
(6) The use is located in an approved or legal nonconforming campground/RV park pursuant
to the applicable terms of the Estes Valley Development Code (Ord. 6-79 §2, 1979; Ord. 18-88
§1, 1988; Ord. 15-96 §1, 1996; Ord. 11-01 §3, 2001)
4
fP
Memo
To:
Honorable Mayor Pinkham
Board of Trustees
Town Administrator Halburnt
TOWN OF ESTES PARK
ENGINEERING
From: Scott A. Zurn, PE, Public Works Director
Date: June 14, 2011
RE: CASTA letter of commitment for transit center expansion at the CVB
Background:
In 2010, the Town of Estes Park was awarded grant funding by the Colorado
Department of Transportation (CDOT) Congestion Mitigation and Air Quality (CMAQ)
Funds and FASTER funds. This funding was received to construct a transit hub at the
Stanley Park Fairgrounds.
In 2010, the FTA released six Notices of Funding Availability (NOFAs) between April 13
and July 28. Many of these grants required that projects be submitted in a consolidated
application by the state. CASTA and CDOT worked with transit agencies throughout the
state to apply for these consolidated applications, but short deadlines made it difficult to
provide sufficient review and assistance to agencies.
Given recent developments in Congress on the FY2011 budget, it is highly likely that
the FTA will again be releasing a similar flood of NOFAs this year. CASTA and CDOT
have initiated a process to collect information before issuance of these NOFAs, so that
CASTA can identify and prioritize projects for each grant opportunity and submit the
most competitive package of projects possible.
This initial effort will occur in four steps:
• Step 1: Develop a comprehensive list of projects previously submitted to CDOT
for various funding opportunities including but not limited to the FTA Livability
grant, FASTER, Senate Bill 1, State of Good Repair, and TIGGER.
• Step 2: Categorize the projects by type of grant funding for which they could
qualify.
• Step 3: Contact submitting agencies to review their previous projects, obtain
information on new projects and finalize a comprehensive projects list.
• Step 4: Prioritize projects within each grant category to determine which will be
submitted as the State's top priorities.
In an effort to position the Town's next transit priority project, the Town will need to
submit a commitment letter. The priority project consists of the further expansion of a
transit center at the CVB location to serve the state highway 34 corridor. The expansion
is estimated to be an elevated structure totaling approximately 300 vehicles. The
estimated cost for this facility is $4.5 million. The Town will need to match 20% of this
budget or approximately $900,000. It is not clear depending on funding source whether
or not the land value can be part of the Town's commitment.
Attached you will find the commitment letter for reference.
Staff Recommendation:
Staff recommends that the traffic congestion mitigation project of expanding the CVB
transit center be positioned for grant funding availability by executing the letter of
commitment.
Sample Motion:
I move to approve/deny the execution of the commitment letter to CDOT and CASTA for
future consideration of grant funding for the expansion of the transit parking at CVB.
June14, 2011
Mr. Tom Mauser
Transit and Rail Division
Colorado Department of Transportation
4201 E. Arkansas Ave.
Denver, CO 80222
Re: Local Support of Transit Project
Dear Mr. Mauser:
The Town of Estes Park is interested in including Convention an itor Cter (CVB) Transit
Center in upcoming statewide consolidated grant applications for F'ansit Administration
(FTA) funding. This project is a top priority for our trail*t system and is Insistent with our
area's Regional Transportation Plan
This total cost for this project is estimated to
in FTA funding. This is 80 % of the total co'
Estes Park will be required to fund they r aini
matching funds. The Town of Estes 1$�
required match in our Fiscal Year 201 2'
We recognize the political sensitivity of re c]
recognize that failure to provide the required
funds and make it harder for
will take all necessary steps to i
Sincerely,
ill be request g $3,600,000
eke: ,Tche Town of
ocally o pt °e t`her eligible
sary budgetfactions to include the
eral co - etitive grant funds. We further
•o ticould lead to loss of the grant
�: rip Y �
uests t4receive federal funds in the future. We
ect promptly.
TOWN or ESTES PAIW
Memo
To: Honorable Mayor Pinkham
Board of Trustees
Cc: Jacquie Halburnt, Town Administrator
From: Lowell Richardson, Deputy Town Administrator/ Scott Zurn Public Works
Director
Date: June 14, 2011
RE: Capital Project Updates
Background:
Bond Park Project
Town's Project Manager: Kevin Ash
Contractor: Cornerstone Construction Estes Park
Design Firm: RG Consulting Engineering, Inc. Denver
Architect Design: Winston and Associates Wheatridge
Schedule — Due to problems with the paver system installation substantial completion was not
accomplished with this project. However, this did not affect the use of the venue for the Memorial Day
weekend special event. The opening of MacGregor Ave. to vehicle traffic is not known as of the date
of this memorandum since we are awaiting the results of soil testing completed by the geo-technical
firm (Terracon). Once the testing results are known a schedule for repairs will be completed.
Change Orders — Change Order #5 is included in this report, as approved. This was the Schwery
Easement agreement for completion of the underground storm drainage and future access for repair
and maintenance. The change order totaled $16,899 and is reflected on the financial spreadsheet
attached.
Transportation HUB Parking Lot Project
Town's Project Manager: Murray McBride
Contractor: Coulson Excavating Loveland
Design Firm: David Evans and Associates Denver
Architect: T.W. Beck Estes Park
Schedule — Staff is completing a punch list of items with the contractor as of the day of this
memorandum. Further updates will be presented during the presentation of this report.
Lighting — The contractor notified staff on June 8th that their lighting subcontractor declared
bankruptcy. They have already retained new lighting subcontractor so completion is not
impacted by this event. However, there is an issue with the lighting manufacturer and color we
need for the poles and heads of each unit. Because the color we require is not a stock color it
required the manufacturer to order special paint then apply which delayed the delivery of the
units. They will be shipped June 14th. The contractor states the poles will be installed by June
17th but he is not sure if the heads for the lights will.
Prospect Avenue Repairs
This project is complete pending a final walk through with the contractor. Staff will provide more
information during this report update.
Budget: N/A
Staff Recommendation: N/A
Sample Motion: N/A
CURRENT MAJOR CAPITAL PROJECTS
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Estes Park's Elkhorn Regional Tourism Project
The following documents are submitted for consideration by the Board of Trustees
of the Town of Estes Park at its meeting on June 14, 2011.
1. Description of the Project 'A working draft copy of Tab 2A to the RTA
Application containing a much more detailed description of the project.
2. Map of the Project The latest drawing from SE Group showing the location of
various facilities included in the project.
3. Economic Impact Analysis Highlights A summary of the key numbers from
the Economic Impact Analysis being prepared for us by Doug Kennedy Advisors.
4. Form of MOU A proposed form for the Memorandum of Understanding
between the Town and Elkhorn Project, Inc. based on discussions with'staff and the
Town Attorney.
5. Annotated Version MOU The paragraphs from the MOU grouped by topic
with explanations and background information for each topic.
The Directors of Elkhorn Project, Inc. look forward to the opportunity to discuss all
of the above with the Board of Trustees as its Meeting on Tuesday, June 14, 2011.
Working Draft for Discussion Purposes Only
Subject to Further Revision
Estes Park's Elkhorn Regional Tourism Project
Description of the Project
Summary
The Elkhorn Project is an exciting opportunity for the Estes Park community and Colorado as
a whole. The project includes the renovation and expansion of the historic Elkhorn Lodge
and the construction of a performing arts center, a museum and living history center and a ski
adventure park with year-round skiing, snowboarding and tubing. These facilities will draw
a significant number of new visitors to the area throughout the year. It will also generate
significant new revenue for local businesses as well as serve as a driver for new economic
development within Estes Park.
The Elkhorn Project is a redevelopment of a 65-acre parcel located at the western edge of
downtown Estes Park currently known as the Elkhorn Lodge. The Elkhorn Lodge is the
oldest continuously operating lodge in Colorado and has been in operation since the 1880s.
The Elkhorn Lodge was once a grand facility offering an array of lodging types as well as
guided outings into the surrounding wilderness, on -site sports and entertainment, and lavish
meals. Time has taken its toll on the facilities at the Elkhorn Lodge. It still operates as a
lodge with hotel rooms and cabins for rent, banquet and wedding facilities, horseback rentals
and chuck wagon dinners. However, the facilities are at the low end of the lodging scale and
only meet the needs of a limited population of the Estes Park tourists. As such, most visitors
to Estes Park never get the opportunity to see and experience life as it once was at the
Elkhorn Lodge. The Elkhorn Project intends to bring this family oriented, activity -driven
resort destination back to life with new amenities that appeal to the modern tourist.
At its core, the Elkhorn Project is a historical renovation of the Elkhorn Lodge and its many
buildings. The main lodge building will be upgraded to feature attractive hotel rooms, a
restaurant and banquet facility, grand lobby and a pool/spa area. A new hotel wing will be
added. The Ranch House, the original home of the founding James family and original
lodging facility, will be converted into a museum. The Coach House and cabins will be
renovated and converted into group housing and a living history village. To provide
activities for the guests, a Ski Adventure Park will be developed on the hillside behind the
main lodge building. This area will feature skiing and snowboarding (including during the
summer on an artificial surface), an alpine coaster, zip lines, and tubing runs. A long -sought
addition to the community, the Estes Park Performing Arts Center will be constructed along
the riverfront portion of the property.
Together, these attractions will create a family -friendly entertainment zone immediately
adjacent to the downtown shopping district and will appeal to a wide range of interests. This
project will enhance the tourist experience in Estes Park, will serve as a driver of tourism in
the otherwise quiet winter months, and will drive economic development within the Estes
Valley. In order to be developed, this project requires support of the Colorado Department of
Economic Development through the incremental sales tax program authorized by the
Regional Tourism Act. In an effort to design an attraction that meets the desires of a modern
tourist while preserving the historic character of the Elkhorn Lodge, the development costs of
RTA Application — Tab 2A Description of the Project
Page 1 of 15
Working Draft for Discussion Purposes Only
Subject to Further Revision
this project will exceed what could be justified solely through private investment. Past
attempts to redevelop the Elkhorn Lodge and to construct a performing arts center have
failed.
Market Opportunity
Thanks largely to its prominence as the main gateway to Rocky
Mountain National Park, Estes Park is one of Colorado's most
popular tourism destinations, drawing more than 3,000,000
visitors per year'. Approximately % of these visitors are
international or from other states and an additional
are from Colorado outside of the Northern Front Range". In
2011, Estes Park was named a Top 25 Destination in the
United States by TripAdvisor"'.
Tourism became the mainstay of the Estes Park economy in the
late 1800's as early pioneers, who came to farm and ranch,
found that providing lodging and entertainment to the summer visitors was more lucrative.
Tourism got a major boost from the arrival of F.O. Stanley in his Stanley Steamer in 1903,
the opening of the Stanley Hotel in 1909 and the construction of roads from Lyons and
Loveland permitting automotive access to increasing numbers of vacationers. The
establishment of Rocky Mountain National park in 1915 brought more than 100,000 visitors
to Estes Park in 1917' and established the area's national reputation as a summer vacation
destination.
Estes Park's remote mountain location leaves it few economic alternatives and tourism will
remain essential to the sustainability of the town's economy. The current seasonality of
Estes Park's economy is opposite that of most mountain resort communities. While most
Colorado mountain resort communities have a vibrant winter ski economy and at least a
modest summer destination economy based on hikers, bikers and nature enthusiasts, Estes
Park lacks the winter tourism attractions. Accordingly, Estes Park sees a significant decline
in economic activity during the winter months. This economic imbalance causes many
tourism -driven businesses, restaurants and lodging facilities to close for the winter months.
The resulting scarcity of year-round employment opportunities results in financial hardship
for many families, who often chose to move away from the Estes Valley to a location where
they can find year-round employment. As a year-round attraction, the Elkhorn Project will
create steady employment opportunities both on and off -site and help ensure the future health
and vitality of Estes Park as a major tourist destination.
While the Town provides an appealing array of summertime recreational amenities that
complement National Park visitation, such as climbing walls, picnic areas, hiking and water
sports, it lacks wintertime attractions. National Park visitor statistics show that over 85% of
RTA Application — Tab 2A Description of the Project
Page 2 of 15
Working Draft for Discussion Purposes Only
Subject to Further Revision
visits are in the months of May through October,' and the Town's sales tax data shows that
over 70% of the sales tax revenues are generated in this 6 month period'". The Elkhorn
Project will not only enhance Estes Park's existing tourism base during its peak summer
season, but would ignite visitation during the winter off-season, leading to a more vibrant and
sustainable year-round economy for the area. At present, a number of businesses in Estes
Park fail each year and even more close down operations during the winter months as a result
of the seasonality the Town currently experiences. As a result, residents faced with lay-offs
or reduced hours in the winter months must work multiple jobs during the summer to make
ends meet on an annual basis. More and more, residents are fording this employment
situation too stressful and are moving away. The Estes Park School District is seeing
declining enrollment and estimates that it is losing roughly 50 students per year with the
primary reason being that their families are unable to cope with the uncertainties of local
employment and that the distances are too great to commute daily to employment in the
Front Range.
Estes Park's Elkhorn Project will be located on a 65-acre parcel of property located on the
western edge of the downtown business area. The Project will be anchored by the restoration
of the Elkhorn Lodge, a historical gem of statewide importance that, in its current state, is in
disrepair and at risk. The Elkhorn Lodge is recognized as Colorado's oldest continuously
operating guest ranch and its operations are limited in scope. A central theme of the Elkhorn
Project is to celebrate the site's rich history, and the renovation of the Elkhorn Lodge is
where that begins. Renovations will retain the architecture style of the original facility and
uphold historic preservation standards, while the installation of key amenities and
improvements will cater to the needs of modern-day visitors. The restoration of the Elkhorn
Lodge is, in itself, a project of great importance to the Estes Park community.
The second prominent feature of the Elkhorn Project is the Cultural, Heritage and
Educational Center, which includes the Estes Park Performing Arts Center, a living history
village, and one or more museums and/or visual arts galleries. The Performing Arts Center, a
state of the art venue for the performing arts, is the realization of a long-standing dream for
the Estes Park community and will elevate both the quality of life for residents and the
tourism experience for visitors. The living history village will build upon the restoration of
the Elkhorn Lodge to recognize such features as Estes Park's first church, schoolhouse and
coach house. The museums and/or visual arts galleries will provide space for the display of
artifacts and exhibits on the history of Estes Park and the Elkhorn Lodge and offer local and
regional artists a chance to display and sell their work to a national audience, as well as host
exhibits from around the globe. The Estes Park Performing Arts Center, living history
village and the museums are expected to offer significant educational programs. In addition,
discussions are ongoing with the Estes Park Science Institute to locate a research and
educational facility on the Elkhorn Property that will attract professors, researches and
student groups to conduct environmental research both at the research facility and in Rocky
RTA Application — Tab 2A Description of the Project
Page 3 of 15
Working Draft for Discussion Purposes Only
Subject to Further Revision
Mountain National Park. The Elkhorn site is an ideal location for the Cultural Heritage
Educational Center due to its proximity to downtown Estes Park and its other complementary
amenities.
The third feature of the Elkhorn Project is the Ski Adventure Park that will include a family -
friendly, alpine recreation experience including a ski and snowboard slope, a snow tubing
area, a ropes course venue, a zip line, and an alpine coaster operating throughout the year.
The site will also feature a Mountain Top Restaurant offering outstanding views of Rocky
Mountain National Park to host day visitors and special events. The Ski Adventure Park will
be unique to this area and will have broad appeal to drive -up residents from Colorado's
North Front Range and elsewhere. The offering of a summer learn -to -ski opportunity will be
a unique activity for visitors from across the country that may have come to visit Rocky
Mountain National Park but who will hopefully leave as new enthusiasts to the sport anxious
to come back to "ski the Rockies" for years to come.
Collectively, the Elkhorn Project's unique amenities have the potential to become some of
Estes Park's most prominent tourism attractions and a significant driver of a more sustainable
year-round economy. The following section describes each of the project's components in
more depth, explaining how they will contribute to the economy and quality of life in Estes
Park.
Elkhorn Property Location
The Elkhorn Property (B in the map below) is located on West Elkhorn Avenue (the main
street through downtown Estes Park) roughly 1/2 mile west of the center of downtown (A in
the map below). The majority of traffic into Estes Park comes from the east (via Highway 36
from Lyons, Longmont or Boulder or via Highway 34 from Loveland or Ft. Collins).
Vehicular traffic to the site can either come through downtown on Elkhorn or via the
Wonderview Avenue bypass that is to the north of downtown.
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The property is situated on the Fall River which merges with the Big Thompson River 1/2
mile downstream from the property. Old Man Mountain, a prominent and historic rock crag,
is just to the west of the property. The western edge of the property is within 1 mile of the
boundary of the Rocky Mountain Natural Park (shaded in green in the above map).
Attempts over the past several years to acquire and develop the property have been
unsuccessful. Elkhorn Project, Inc. has a contract to purchase the 65 acre property from the
current owners with closing on the purchase scheduled to occur in March 2012. At present,
40 acres of the parcel are outside of the city limits of Estes Park and are zoned for residential
use. However, these 40 acres will be annexed shortly after the purchase and rezoned.
Several of the adjoining properties are under conservation easements with the Estes Valley
Land Trust. Elkhorn Project, Inc. is in discussions with the Estes Valley Land Trust to place
a conservation easement on the upper portion of the property on which the top of the ski lift,
the hilltop restaurant and ski runs will be located. This conservation easement would
preserve an important wildlife corridor from the National Park into downtown Estes Park
where elk and other wildlife have become popular attractions.
Elkhorn Lodge Restoration
The Elkhorn property dates back to 1877 when the first buildings were built by the James
family for a ranching business. They soon began to provide lodging to the many tourists who
were traveling to Estes Park. By 1880, they had 15 tourist rooms housing up to 40 people at a
time. As the needs of the tourists increased, and proved quite lucrative, the James family
decided to focus their efforts on expanding the lodging operations, and scaled back the
ranching. The Elkhorn Lodge accommodations expanded year over year, with more and
more cabins added and fmally the present Elkhorn Lodge building was built in 1900 with
expansions in 1907 and 1912". F.O. Stanley stayed at the Elkhorn Lodge for three months in
1903 upon his initial arrival in Estes Park. In subsequent years, he built his family home and
then in 1907 the Stanley Hotel, now a popular tourist destination itself.
Despite being listed on the national registry of historic sites, the buildings on the Elkhorn
property have in recent years narrowly avoided demolition on several occasions. In 2010,
Colorado Preservation, Inc. named the Elkhorn Lodge as one of the six most endangered
historic properties in Colorado.
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As part of the Elkhorn Project, the historic Elkhorn Lodge and
associated buildings will be renovated and restored. The main
lodge will reopen with a restaurant/bar, banquet hall, gift shop,
and 25 guest rooms. The plan includes a new wing of the
hotel, which will add 45 new hotel rooms and a large spa with
indoor/outdoor pool. Renovations will uphold the historic
architecture and design of the original buildings, while
incorporating the modern amenities that today's guests desire.
Estes Park offers many lodging alternatives but few 3-star
hotels. The renovated and expanded lodge will seek to fill this
void.
Estes Park is a popular location for weddings and the renovated
hotel will be scenically located and provide all of the lodging,
banquet and other amenities to play an preeminent place for weddings and other large social
gatherings. The inclusion of the Estes Park Performing Arts Center on the property will
make the hotel an ideal location for the lodging of persons coming to view performances as
well as the performers themselves. With the ski and other winter activities located in its
backyard, the renovated lodge should have occupancy rates in the winter seasons that far
exceed the norm in area. These advantages should enable the Elkhorn Lodge to command
above average room rates and reduced volatility of occupancy rates that create economic
challenges to other lodging properties.
Educational/Heritage/Cultural Center
Performing Arts Center
The Estes Park community has been attempting to develop a performing arts center for over
15 years. A previous non-profit organization dissolved in 2004 and left the funds that it had
raised to the Town to be used for construction of a performing arts center in the future. The
most recent effort began in 2006 by a non-profit organization known as the Supporters for
the Performing Arts, Inc. ("SOPA"), a Colorado 501(c)(3) non-profit corporation.
Performance Park offers an excellent outdoor venue for concerts and performances in the
summer months. However, summer thunder showers, the limited size of this venue and its
open access create challenges for using this venue for ticketed performances.
At present, the Town of Estes Park and SOPA have a memorandum of understanding for the
construction of the Estes Park Performing Arts Center at the Stanley Fairgrounds east of
downtown on a parcel of land adjacent to the rodeo grounds that is currently used for horse
stalls. The Applicant, SOPA, and Elkhorn Project, Inc. are exploring relocation of the Estes
Park Performing Arts Center to the Elkhorn Property site. This new site would place the
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theater on a riverside setting less than % mile east of downtown and across the street from
Performance Park.
The Estes Park Performing Arts Center is designed to become
the focus for the cultural life of the Estes Park community. By
providing a state-of-the-art performance venue to all local
performing arts groups and by presenting high quality,
nationally recognized entertainment to residents and visitors,
the Estes Park Performing Arts Center will make the arts a part
of everyday life, dramatically enhancing the quality of life for the community and broadening
the tourism experience for visitors to the Town.
Locating the Estes Park Performing Arts Center on the Elkhorn Property will compliment the
Elkhorn Lodge redevelopment by providing hotel guests with an adjacent nighttime
attraction. It will also be within a relaxing riverside walk from numerous other lodging
facilities, restaurants and the downtown shopping district.
The Applicant has previously committed $1,200,000 for infrastructure improvements,
parking, lighting, and landscaping in the construction of the facility. The Applicant's
"Theater Fund" contains approximately $450,000 that is committed to the construction of a
theater if it can be substantially completed before May 2014. The Applicant has also
previously agreed to provide $217,000 per year to fund operating deficits while the Estes
Park Performing Arts Center becomes established. SOPA has recently commenced a capital
campaign to raise $7,000,000 to fund construction and support its ongoing operations.
Elkhorn Project, Inc. has agreed to provide substantial funds necessary to construct the Estes
Park Performing Arts Center on the Elkhorn Property site but these funds, and thus the
theater relocation, will be possible only if the Applicant's RTA application is successful.
The Estes Park Performing Arts Center will include a main
performance area with 433 audience seats and state of the art
lighting, acoustics, stage equipment and sound system. It will
feature a 40' by 70' raised stage with an automated fly system
such that the facility will have the flexibility to respond to a
wide variety of performance requirements. Performances will
range from concerts, dance recitals and full stage theatrical
productions to film festivals, poetry readings and storytelling.
An addition lobby performance area with a 75-seat capacity
will also be available for smaller performances. The lobby
area will also include gallery space and concession and eating
areas.
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In addition to performances by professional groups and local performing arts organizations,
SOPA intends to offer educational programs and the Estes Park Performing Arts Center will
include teaching areas and classrooms. Participants for these educational programs and
youth camps are expected to come from throughout Colorado and the nation to participate.
Museums/Visual Arts Galleries
The area surrounding the Elkhorn Lodge and the Estes Park Performing Arts Center will
house one or more museums and visual arts galleries in a combination of newly constructed
and renovated historic buildings. It is expected that these exhibitions will focus on local
history and local artisans. Special emphasis will be given to the late 1890s and early 1900s
when developments in transportation, photography, communication and leisure activities
sparked a significant growth in tourism in the Estes Valley.
The Ranch House, the original James family home, will be renovated into a historical
museum. It will feature displays on both the history of the Town of Estes Park as well as the
history of the Elkhorn Lodge property and the James family. Many artifacts of the lodge will
be on display here in order to visually depict the early days of the lodge property.
Elkhorn Project, Inc. has had preliminary conversations with
The Stanley Museum regarding the possible relocation of their
museums in Estes Park and Kingfield Maine to a site on the
Elkhorn Property. These museums include Stanley steam cars
developed by the brothers F.E. and F.O Stanley and an
extensive exhibit on the history of black & white photography
featuring the Stanley Dry Plate Company and photographs of
the Stanleys' sister Chansonetta. The exhibit includes
photographs of Henry Wadsworth Longfellow and William
Cullen Bryant. One feature of such a museum may include a
working garage in which Stanley steam cars are repaired and
where visitors can see the inner workings of these unique
vehicles. The discussions with The Stanley Museum are still in
their preliminary stages and are described here as an example
of the nature of the museum and visual arts galleries that may
be included in the project.
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Living History Village
The Elkhorn Property includes a number of historic small cabins and outbuildings including
buildings that housed the first church in Estes Park and the first school in Estes Park. These
buildings will be renovated and expanded to create a living history village in which artisans
in period dress can demonstrate their crafts and sell their wares. While downtown Estes Park
still features buildings retaining the historical architecture of the early 1900s, the downtown
still feels like a modern shopping destination. The Living History Village at the Elkhorn
Project will transport visitors back in time when life was more rugged. Tucked against a
hillside, adjacent to the Elkhorn Lodge building, the Living History Village will be both a
museum and unique shopping and entertainment destination, featuring unique shopping (such
as the general store, art galleries, candy shops and candle shops) as well as artisans providing
exhibits of their skills, such as silversmith, baker, glass blower, hat maker, and candle maker.
Visitors will be able to take a ride in a horse-drawn wagon, grab a soda or an ice cream at the
local saloon, or hear ghost stories at the evening campfire.
The restored Elkhorn Lodge and the Living History Village will transport visitors to a unique
period of America's western history. From 1880 to 1910, Estes Park was transformed from
the home of trappers and early settlers trying to survive in a remote mountain valley with no
modern amenities, to a model of modern 20th century tourism with buses, automobile tours
and hotels and shops with running water and electricity. This was the era when conservation
an tourism combined to create our great National Parks system. Estes Park's story is a
microcosm of a much larger social change when the American people chose to preserve and
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enjoy the natural beauty of the great western landscapes while bringing modern development
to remote areas.
Visitors to the Living History Village will experience the early years of trappers, settlers,
stagecoaches and subsistence struggles with the ability to explore the food, clothing, housing,
transportation and daily activities of the early years of Estes Park. The visitor can then move
forward in time and glimpse the great changes brought by Dunraven, James, Stanley, and
others resulting in "modern" turn -of -the -century housing, accommodations and
transportation.
Education and Research Facilities
Preliminary discussions are occurring between Elkhorn Project, Inc. and the Estes Park
Science Institute for the location of a research and community outreach building, including
group housing for professors, researchers and college and school groups to conduct applied
research projects regarding the environment and the impact of climate changes on the Rocky
Mountain ecology. The institute would work with the National Park Service and local
colleges and school districts but also seeks to bring researchers and students from across the
country and internationally.
In addition, Supporters of the Performing Arts intends to offer educational programming at
the Estes Park Performing Arts Center. SOPA will offer an arts curriculum geared to local
students as well as courses and summer programs designed for students out of the area. The
group housing facility will provide reasonably priced accommodations for participants in
these programs.
The historical renovation of the Elkhorn Lodge, the museums and the living history village
are also opportunities to create educational curriculums based on the pioneer days of
Colorado. Again, these could be conducted as either day programs or overnight programs
using the group housing facility for school and youth programs from throughout the
Midwest.
Ski Adventure Park
The third component of the Elkhorn Project is the Ski Adventure Park, which is the project's
primary catalyst for new winter visitation. The Ski Adventure Park has an exciting array of
year-round activities that appeal to a wide variety of visitors and take advantage of the site's
beautiful setting and scenery and reputation as a family vacation getaway. With its focus on
affordability, learning to ski or snowboard and family fun, the Ski Adventure Park will be
unlike any other tourism attraction found in the region and is expected to generate substantial
visitation throughout the year for Estes Park.
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Colorado is world -renown for its alpine sports, and skier visitation throughout the state at
resorts of all sizes continues to rise. Over the past ten winter seasons, the Rocky Mountain
statistical region has experienced 1.3 percent average annual growth in skier visitation"'.
This is attributed in part to the state's continuous population growth, especially along the
Front Range. Focusing further on smaller -scale resorts that are closer to the Denver/Boulder
and Fort Collins/Northern Colorado metropolitan areas, the evidence of residents' growing
interest in alpine sports is even more apparent"': Eldora Mountain Resort experienced an
average increase of nearly 18 percent in skier visits between the 2000-2001 season and the
2009-2010 season. The newly created Echo Mountain near Evergreen, Colorado saw
visitation spike from approximately 3,000 skiers in its inception year of 2005-2006 to over
30,000 in 2008-2009. The Elkhorn Ski Adventure Park will share the same appeal as these
small resorts, but will have a more varied array of amenities and will be open year-round.
The size and cost of most of the other ski areas in the state can be intimidating to families or
novices and none of them offer summer skiing for beginners. The Elkhorn site is an ideal
setting to do so as the demand for these activities continue to rise along the Front Range.
There are several amenities and activities available in or nearby Estes Park that indicate that
the Ski Adventure Park will have great appeal to Estes Park visitors. Sledding and tubing is a
popular winter activity at the former Hidden Valley ski area in Rocky Mountain National
Park despite its lack of any lifts or formalized amenities. Fun City, which is located two
blocks south of the main downtown intersection on Highway 36, also provides a popular
`giant slide' and other amusement park features such as a climbing wall and a bungee
trampoline; numerous other providers of family -friendly activities such as mini -golf and
bumper boats"" The Aerial Tramway, which has carried visitors to the top of Prospect
Mountain since 1955, has over 50,000 visitors a year and operates from the end of May
through the beginning of September'. The Elkhorn Project would cater to a similar
clientele as these recreation providers, but would offer new activities that are not already
provided in Estes Park year-round.
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Ski and Snowboard Slope
The ski and snowboard slope will be a strong economic catalyst that generates much needed
visitors during the winter and shoulder seasons and offers an attractive new opportunity to
the large number of summer visitors. Skiing will be possible 365 days a year by featuring a
Snowflex® surface on a portion of the mountain. This synthetic product creates a realistic
downhill experience, especially for beginners and terrain park enthusiasts.
The Elkhorn Project will be an exciting opportunity for families and others who want an
introductory skiing or snowboarding experience that is affordable, and easy to navigate- from
travel to the area and parking, to renting equipment, and then immediately getting out on the
hill.
The lower portion of the ski and snowboard slope will cater primarily to beginners, and
feature a small slope served by a carpet conveyer lift. The beginner ski slope will be
approximately 300-350 feet in length and have a very gentle gradient. To the north of the
beginner ski slope will be the central corridor for the remainder of the ski and snowboard
slope, which will include the chairlift loading zone. To the north of the chairlift loading area
will be the snow tubing facility, which is described in more detail below.
The upper portion of the ski/snowboard slope will include a wider variety of trails
interspersed throughout the park -like setting found here. The existing site already has an
ideal gradient for beginner and intermediate trails though this area, as well as nicely -spaced,
mature ponderosa pines. Approximately seven trails will comprise the upper portion of the
ski/snowboard slope, ranging in length from a few hundred feet to up to a half -mile. A mid -
mountain loading station will allow skiers to remain at this upper portion without having to
return to the base area. The upper portion of the mountain may also accommodate a small
terrain park. Snowmaking will occur to maintain an adequate base during the winter season
on the entire slope. The installation of lifts and preparation of the slopes as well as the
operation of the ski/snowboard facilities will be conducted in accordance with the sustainable
slopes policies of the National Ski Area Association. The chairlift will be a quad -chair
attached lift with structures at both the base and top of the lift. The upper structure will be
accompanied by a Mountain Top Restaurant described below. The ski/snowboard slopes will
have 400 feet of vertical drop and feet of trails.
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Ponderosa pines on the upper portion of the ski/snowboard slope in its current condition,
showing the lack of need of any significant grading, rock removal or tree cutting in order for
the slopes to be ready for skiing and snowboarding.
Year -Round Tubing Facility
Snow tubing is an extremely popular winter activity at resorts across the country. A well -
designed, dedicated snow tubing facility (with a lift) is an amenity that has a perceived
demand in Estes Park, as demonstrated in the popularity of other similar activities nearby.
There are no other formalized tubing facilities within close driving distance (<1 hour) to the
Front Range, despite tubing's rising popularity and measurable return on investment. Similar
to the ski/snowboard slope, the tubing facility would operate both in the winter and in the
summer and have broad appeal to both residents of Colorado, and those from across the
county who are visiting Rocky Mountain National Park.
The tubing facility will have four lanes, varying from 500 to 600 feet long that will be served
by a 250 foot long carpet conveyor lift. A small building will be constructed at the bottom of
the tubing lift for tube storage.
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Zip Line and Ropes Course
Zip lines and ropes courses are also popular activities that allow recreationists to have an
exciting, up -close experience with nature, with a low risk factor. The Elkhorn site is ideal for
these, given its beautiful scenery, mature trees, and gradual slope.
A zip line will be implemented from a starting point near the Mountain Top restaurant and
chairlift unloading station. It will consist of a one-way direct route to the base of the
mountain. The route will be approximately a half -mile in length and expose views of the
surrounding alpine environment and Estes Park as much as possible. It will offer the
opportunity to experience the thrill and wonder of interacting with the forest canopy and
other natural landscape elements including boulders and rock outcrop promontories.
The ropes course will offer a more challenging recreation experience, while also exposing
recreationists to the forest canopy and amazing views of the surrounding environment.
Ropes courses are not only popular with day visitors, but are also great destinations for
corporate and school groups who are interested in retreats and team -building activities. The
nearby YMCA of the Rockies offers low and high challenge courses and a much shorter zip
line, however, they are not marketed toward the general public, nor are they within walking
distance to Town. The Elkhorn Project captures a broader range of clientele and is more
tailored to those who are looking for single -day activities.
Alpine Coaster
Alpine coasters are an emerging trend in alpine recreation that provide an exhilarating
experience for all ages. Alpine coasters are elevated roller coasters, typically above or next
to the ski run, that carry riders through the forest. Coasters are secured to a track, similar to a
bobsled, in which guests can control their speed as the cruise down the course. The alpine
coaster will be located along the northern boundary of the property. It will be integrated
within the natural vegetation as much as possible to not only bolster the ecotourism
experience, but to provide a buffer between the adventure activities and adjacent properties.
The alpine coaster will operate year-round.
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Mountain Top Restaurant
The Mountain Top Restaurant will provide a scenic dining experience for all visitors of the
Elkhorn site. It will be open year-round and feature unparalleled wrap -around views of
Rocky Mountain National Park, Roosevelt National Forest, and the Estes Valley. The
restaurant will include indoor and outdoor dining spaces, as well as a larger banquet space for
special events such as weddings, meetings, or small conferences. The location of the
Mountain Top restaurant is ideal, not only because it is at the top of the ski slope, but also
because there are few other places in Estes Park where visitors can find such outstanding
views of the landscape without being in the National Park itself. The restaurant will serve
skiers/snowboarders and guests of the Elkhorn Lodge and visitors strolling up the riverwalk
from downtown.
Retail and Other Amenities
The Ski Adventure Park will have a base building that features lift ticket booth and a fully
equipped rental shop, ski store and other retail amenities will be housed in one of the Elkhorn
Lodge's historical horse barns. Due to the focus on novice skiers and snowboarders, a far
greater than normal number of visitors will need to rent equipment or buy gloves, hats and
other accessories. In addition, the new hotel wing at the Elkhorn Lodge will feature
additional retail shops such as souvenir shops, a coffee shop or clothing shops.
' Rocky Mountain National Park Statistics: http://www.nps.gov/romo/parkmgmt/statistics.htm
" [1Nill add data and reference to LMD annual report to be issued shrtlyj
http://www.tripadvisor.com/TCDestinations-g191-cTop25-United_States.html
"Estes Park Sales Tax Revenue: http://estesnet.com/finance/salestaxrev.aspx
"Those Castles of Wood, Henry F. Pedersen, Jr., pages 63-72.
"' Colorado Ski Country USA Skier Visitation Data
°"Estes Park Convention and Visitors Bureau: http://www.estesparkcvb.com
""' http://www.estestram.com/
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Elkhorn Project Economic Impacts Highlights
The following summarizes data from the Economic Impact Analysis prepared by Doug Kennedy Associates using
the IMPLAN3 economic modelling software. As used in this analysis "Directimpact refers to the effect of dollars
by visitors to the Elkhorn Project, both on -site and in the area. "Secondary" impact refers to the effect on the
community of the re -spending of these dollars by the business and employees. The total of the Direct and
Secondary spending is what is ordinarily referred to as the economic impact of a project.
Once Full -Time Operations Commence (based on 2015)
The following summarizes data the Economic Impact in 2015, the first year in which all of the facilities of the
Elkhorn Project are expected to be in operation. The impact for subsequent years will continue and grow.
Jobs
FTEs (full-time job for a full year)
Direct Impact 265
Secondary Impact 107
Total 372
Labor Income (per year; in millions)
Direct Impact 7.6
Secondary Impact 5.0
Total 12.6
Visitors (per year)
Total Visitors to Elkhorn Project
New Visitors (destinational only)
Economic Impact (per year; in millions)
Direct Impact
Secondary Impact
Total
Sales Tax Impact (per year)
Town of Estes Park
LMD
Larimer County
Colorado (within RTA zone)
Colorado (total)
503,849 to all facilities in the project; lodge, museums, PAC and
135,061 ski adventure park
19.3
15.1
34.5
$ 687,400 this equates to 9.8% of Town receipts in 2010
$ 124,600 this equates to a 10.0% of LMD receipts in 2010
$ 148,800
$ 498,365 just under $20 million over 30 life of project
$ 674,400
During Construction Stage (2012 to 2014)
During the 3-years during which the facilities will be completed, the construction activity will also generate
economic activity.
Jobs
FTEs (average per year)
Direct Impact 88
Secondary Impact 64
Total 152
Labor Income (over 3 years; in millions)
Direct Impact 14.5
Secondary Impact 9.8
Total 24.2
Economic Impact (over 3 years; in millions)
Direct Impact $ 38.2
Secondary Impact 28.5
Total 66.7
Sales Tax Impact (over 3 years)
Town of Estes Park
Larimer County
Colorado (within RTA zone)
Colorado (total)
$ 256,000
$ 79, 800
$ 185,600
$ 409,700
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Entered into as of June 14, 2011
This Memorandum of Understanding (MOU) is being executed by the parties listed
below:
1. The Town of Estes Park, Colorado (the "Town")
2. Elkhorn Project, Inc. ("EPI")
A. Purpose
This MOU establishes and delineates the responsibilities and understandings between
the two parties regarding the preparation of an application for a regional tourism project
(the "Project") under the Colorado Regional Tourism Act (the "Application") and the
design, planning and development of Eligible Improvements (the "Facilities") pursuant to
that Project. The Project enhances the Town's position as a premier mountain resort
community and furthers the Town's guiding principles of strengthening the economic
vitality, preserving the Town's unique character and history and enhancing recreational
and cultural opportunities.
B. EPI and its Role and Responsibilities
1. Article II, Section 8 of EPI's Restated Articles of Incorporation provides in part that "In
the event of the dissolution and liquidation of [Elkhorn Project, Inc.], to the extent
allowed or permitted under applicable laws, the property and assets of the corporation
shall be, as determined by the Board of Directors, distributed to or sold and the
proceeds of such sale distributed exclusively to the Town of Estes Park Colorado or
such other organization(s) organized and operating exclusively for religious, charitable,
scientific, education, or other purposes permitted by Section 501(c)(3) of the Internal
Revenue Code, as amended, as may be designated by the Town of Estes Park,
Colorado, in each instance subject to the debts and contractual leasehold and other
obligations of the corporation." EPI agrees not to amend or alter this provision in any
manner without the consent of the Town, which consent will not be unreasonably
withheld or delayed.
2. EPI, at its sole expense, shall retain a planning and design consulting firm to assist in
the preparation of the Application to be submitted by the Town. EPI, at its sole
expense, shall retain an economic consulting firm to prepare economic impact
information to be included in the Application. EPI shall be solely responsible for
compiling this information and preparing the balance of the Application (except for the
listing of businesses required by Item 3 of the Application). EPI shall be primarily
responsible for responding to any requests from the Colorado Economic Development
Commission or the Colorado Office of Economic Development and International Trade
for the submission of additional materials or clarification of the Application. EPI shall be
primarily responsible for providing to the Third Party Analyst selected by the Colorado
Elkhorn Project Memorandum of Understanding Page 1 of 11
Office of State Planning and Budgeting with data, assumptions and other information as
may be requested. EPI's responsibilities under this Paragraph 2 shall be without any
out-of-pocket expense being incurred by the Town in connection with the preparation of
the Application.
3. EPI, at its sole expense, shall acquire the Elkhorn Lodge real property (the "Elkhorn
Property"). EPI agrees to execute and deliver to the Town any and all applications or
other documents that may be necessary in order for the Town to complete the
annexation of the 40 acre parcel known as Larimer County parcel number 35261-00-
001
4. EPI agrees to execute and deliver to the Town any and all applications or other
documents that may be necessary in order for the Town to re -zone the Elkhorn Property
in such a manner that the Project or the facilities to be constructed and operated as part
of the Project may require.
5. EPI agrees to enter into a water rights lease with the Town on the terms set forth in
Exhibit B of this MOU. EPI may sublease all or a portion of its rights and obligations
under this water rights lease to the operator of the ski/adventure park but EPI
understands and agrees that any such sublease will not relieve EPI of its obligations to
the Town under such water rights lease.
6. EPI agrees to purchase an easement from the Town with respect to use of a parcel of
undeveloped land (approximately one acre in size) known as Larimer County parcel
number 35261-09-901 on the terms set forth in Exhibit C of this MOU. EPI's rights and
obligations under this easement will be assignable by EPI to the operator of the
ski/adventure park but EPI understands and agrees that any such assignment will not
relieve EPI of its obligations to the Town under such easement.
7. Upon completion of the Project, EPI shall be solely responsible for the operation and
management of the Project. It is understood and agreed that EPI will enter into leases
and development agreements with the operators of certain facilities within the Project
delegating certain responsibilities to these operators but retaining oversight and
authority as the lessor of the properties and facilities. It is understood and agreed that
the Town shall not have any responsibility or obligation under such agreements.
C. The Town's Role and Responsibility
1. The Town agrees to assist EPI in connection with the preparation of the Application
to the extent that information needed for the Application is within control of the Town,
including without limitation, the listing of businesses required by Item 3 of the
Application. The Town will submit the Application to the Colorado Office of Economic
Development and International Trade on or before the deadline for submission (as such
may be extended). The Town, as the Applicant, will be solely responsible for the fee of
the Third Party Analyst selected by the Colorado Office of State Planning and
Budgeting. However, the Town may withdraw the Application after submission and prior
to the Application being given to the Third Party Analyst without incurring any costs
related to the Third Party Analyst.
Elkhorn Project Memorandum of Understanding Page 2 of 11
2. The Town shall request that the Colorado Economic Development Commission,
pursuant to the Regional Tourism Act, create a regional tourism authority for the
purpose of serving as the Financing Entity for the project referred to in the Application
and that the geographic boundaries of the Estes Park Tourism Authority be co-
extensive with the city limits of the Town of Estes Park as such may change during the
duration of the authority. The Town shall recommend the appointment of the five
individuals named on Exhibit A to this MOU to serve as the initial members of the
governing board of the Estes Park Tourism Authority.
3. The Town agrees to enter into an intergovernmental agreement with the Estes Park
Tourism Authority pursuant to which the Town will provide the Estes Park Tourism
Authority with accounting, legal and support services, at least during its organizational
period. Under this intergovernmental agreement, the Estes Park Tourism Authority will
reimburse the Town for the allocated cost of these services with such reimbursement
considered an Eligible Cost to be paid from incremental state sales tax revenues
received by the Estes Park Tourism Authority.
4. The Town agrees to take such actions as may be necessary or appropriate to
consider the annexation of the 40 acre parcel known as Larimer County parcel number
35261-00-001. The Town further agrees to take such actions as may be necessary or
appropriate to consider the re -zoning of the Elkhorn Property and the Town's 1-acre
parcel in such a manner as the Project or the facilities to be constructed and operated
as part of the Project may require. It is understood and agreed that such actions may
require public notice, public hearings and formal action by the Board of Trustees of the
Town and/or of the Planning Commission of the Town. The Town agrees to waive all
fees related to the annexation, re -zoning, any special use plan review, development
plan review and any other planning approvals that may be required in connection with
the Project.
5. The Town agrees to enter into a water rights lease with EPI on the terms set forth in
Exhibit B of this MOU.
6. The Town agrees to grant EPI an easement with respect to use of a parcel of
undeveloped land (approximately one acre in size) known as Larimer County parcel
number 35261-09-901 on the terms set forth in Exhibit C of this MOU.
7. If the Town's RTA Application is approved by the Colorado Economic Development
Commission, the Town agrees to meet with EPI and Supporters of the Performing Arts,
Inc. ("SOPA") to consider whether or not it may be preferable to relocate the Estes Park
Performing Arts Center to the Elkhorn Property location. The Town agrees that, if it is
ultimately decided that the Estes Park Performing Arts Center is to be relocated to the
Elkhorn Property location, all terms of the Town's existing memorandum of
understanding with SOPA, as previously amended, (the "SOPA Memorandum of
Understanding") shall remain in full force and effect and shall apply with respect to the
Estes Park Performing Arts Center on such relocated site. Without limiting the
foregoing, it is understood and agreed that the Town's obligation under Paragraph 2 of
Section C of the SOPA Memorandum of Understanding shall be interpreted as applying
to improvements necessary for the Estes Park Performing Arts Center on the relocated
site. Nothing in this MOU commits the Town, EPI or SOPA to agree to any relocation of
Elkhorn Project Memorandum of Understanding
Page 3 of 11
the Estes Park Performing Arts Center from its current planned location at the Stanley
Park Fairgrounds.
8. If the Town's RTA Application is approved by the Colorado Economic Development
Commission, the Town agrees to consider providing, at the Town's sole expense, the
site preparation, utility and infrastructure improvements in support of the Project as set
forth in Exhibit D of this MOU. It is understood and agreed that all these site
preparation, utility and infrastructure improvements are in addition to the obligations of
the Town under the SOPA Memorandum of Understanding. It is further understood and
agreed that all site preparation, utility and infrastructure improvements not set forth on
Exhibit D of this MOU or otherwise covered by the SOPA Memorandum of
Understanding, including such improvements as may be required as a condition of
approval of the Project's development plan, shall be the sole responsibility of EPI at its
sole expense.
9. If the Town's RTA Application is approved by the Colorado Economic Development
Commission, the Town agrees to consider providing the financial support of the Project
in the manner set forth in Exhibit E of this MOU.
D. Governmental Immunity
The parties agree and understand that the Town is relying on and does not waive, by
any provision of this MOU, the monetary limitations or terms (presently One Hundred
Fifty Thousand and 00/100 Dollars ($150,000) per person and Six Hundred Thousand
and 00/100 Dollars ($600,000) per occurrence) or any other rights, immunities, and
protection provided by the Colorado Governmental Immunity Act, Section 24-10-101,
C.R.S., as from time to time amended, or otherwise available to the Town or any of its
officers, agents or employees.
E. Current Year Obligations
The parties acknowledge and agree that any payments provided for by the town or
requirements for future appropriations by the Town shall constitute only currently
budgeted expenditures of the Town. The Town's obligations under this MOU are subject
to the Town's annual right to budget and appropriate the sums necessary to provide the
obligation set forth herein. No provision of this MOU shall constitute a mandatory
charge or requirement in any ensuing fiscal year beyond the then current fiscal year of
the Town. No provision of this MOU shall be construed or interpreted as creating a
multiple fiscal year direct or indirect debt or other financial obligation of the Town within
the meaning of any constitutional or statutory debt limitation. This MOU shall not directly
or indirectly obligate the Town to make any payments beyond those appropriated for the
Town's then current fiscal year.
Elkhorn Project Memorandum of Understanding
Page 4 of 11
F. Timing of Actions
The parties understand that the current timelines for Application under the RTA are as
set forth on Exhibit F. The parties shall act in such manner to by April 30, 2012
(i) execute the Water Rights Lease referred to in Paragraph 5 of both Section B and
Section C, (ii) execute the Easement referred to in Paragraph 6 of both Section B and
Section C and (iii) complete the annexation and rezoning of the ski -adventure park
portion of the Elkhorn Property. The parties understand that such a deadline is subject
to delays due to reasons beyond the control of either party but further understand that
completion of such items by such dates is important in order for summer activities to
begin in time for the 2012 summer tourism season. All other actions contemplated by
this MOU shall be completed as soon as is practicable on or after such date. If the
timelines for applications under the RTA are delayed from those set forth on Exhibit F,
the timing of actions under this MOU will be reviewed and, if necessary, revised.
G. Notices
Any notice required or permitted by this agreement will be deemed effective when
personally delivered in writing or three (3) days after notice is deposited with the U.S.
Postal Service, postage prepaid, certified, and return receipt requested, and addressed
as follows:
Elkhorn Project, Inc.
Attn: President
P O 1155
Estes. Park, CO 80517
Town of Estes Park
Attn: Town Administrator
P 0 Box 1200
Estes Park, CO 80517
Either party may change the address for notices by written notice to the other party.
Elkhorn Project, Inc.
Frank Theis, President
Town of Estes Park
William C. Pinkham, Mayor
Attest:
Jackie Williamson, Town Clerk
Elkhorn Project Memorandum of Understanding Page 5 of 11
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit A
Recommended Members of the Initial Governing Board
of the Estes Park Tourism Authority
Appointed by the Colorado Economic Development Commission
Person A Term expires April 30, 2016
Business Address
[Commercial property owner of property within the Town of Estes Park]
Additional background information
Person B Term expires April 30, 2014
Business Address
[Commercial property owner of property within the Town of Estes Park]
Additional background information
Appointed by the Town of Estes Park
William C. Pinkham
Address
Mayor of the Town of Estes Park
Additional background information
Person C
Address
[Community at -large representative]
Additional background information
Person D
Address
[Community at -large representative]
Additional background information
Term expires April 30, 2016
Term expires April 30, 2016
Term expires April 30, 2014
Elkhorn Project Memorandum of Understanding Exhibit A
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit B
Terms of Lease of Water Rights
Lessee Elkhorn Project, Inc. and its assigns
Water Rights Maximum of 40 acre-feet of the Town's Windy Gap Water each
calendar year to be drawn by Lessee from Fall River
Duration An initial term of 25 years with five 5 year options to renew
Payments Lessee shall pay the Town:
(i) An annual rent payment of $ for each year of the
Lease which payment is non-refundable and due regardless of
actual use
(ii) A usage charge of $ for each acre foot of water
used
(iii) Reimbursement of administrative costs associated with
this lease in an amount of $ upon execution of the
lease and $ for each year of the Lease which
payments are non-refundable and due regardless of actual
use
Use of Leased Water
Limitations on Use
Water supplied pursuant to Lease will be used for snowmaking
and misting of artificial sliding surface for tubing and beginner ski
hill.
The Lease will contain provisions written to ensure that the
Lessee's drawing of water from Fall River is conducted at times
and in a manner that it will not reduce stream flow to levels that
would adversely impact either wildlife or aesthetics.
Elkhorn Project Memorandum of Understanding Exhibit B
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit C
Terms of Easement
Grantee Elkhorn Project, Inc. and its assigns
Subject Property All of Larimer County Parcel No. 35261-09-901
Purchase Price $1.00 and other good and valuable consideration
Permitted Uses Grantee and its assigns may use the subject property for the
construction, development and operation of (i) a tubing hill, (ii) an
alpine coaster ride, (iii) a zip -line ride, (iv) mountain bike trails,
(v) downhill ski/snowboard runs and (vi) lifts and trails providing
access to any of the foregoing.
Ancillary Uses
Prohibited Uses
Retained Rights
Duration
Grantee and its assigns may modify the terrain, cut and remove
trees and brush and attach structures to the subject property as
necessary for the construction, development and operation of the
permitted uses. Grantee and its assigns may conduct
snowmaking operations on the subject property.
Grantee and its assigns shall not commit any waste on the subject
property, shall minimize to the extent reasonable and practicable
the modification of terrain and the cutting of live trees. Grantee
may not install on the subject property any lighting for night use of
the subject property.
Grantor retains all rights to the subject property that are not
inconsistent with and that would not adversely impact the rights
granted under the easement.
The easement shall be perpetual in duration provided, however,
that if the Grantee or the Grantee's assigns cease to use the
property for the permitted uses for a period of12 consecutive
months or more, the Grantor may give the Grantee and its assigns
written notice of intent to terminate the easement. The easement
will terminate if the Grantee or its assigns fails to use the property
for the permitted uses within 180 days of receipt of any notice of
intent to terminate the easement.
Elkhorn Project Memorandum of Understanding Exhibit C
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit D
Site Preparation, Utility and Infrastructure Improvements to be
Performed by the Town of Estes Park in Support of the Project
If the RTA application is successful, the Town of Estes Park will consider making or
funding the following improvements associated with the Elkhorn Project:
Improvement Estimated Cost
New Bridge (using old Hwy 34 Trusses) $300,000
Entrance Road and Sidewalk (150 lineal feet) $100,000
Riverwalk Connection (on site) $120,000
Fall River Restoration and Improvements $240,000
Improvements along North Bank of Fall River $90,000
Site Preparation for Parking Garage $150,000
TOTAL $1,000,000
Elkhorn Project Memorandum of Understanding
Exhibit D
Memorandum of Understanding
Between the Town of Estee Park
and Elkhorn Project, Inc.
Exhibit E
Additional Financial Support to be Provided by the Town of Estes Park
in Support of the Project
If the RTA application is successful, the Town of Estes Park will consider making a loan
to Elkhorn Project, Inc. on the following terms:
Principal Amount $7,000,000
Interest Rate $3.0% paid quarterly
Repayment Interest only for the first three years
Quarterly principal payments of $125,000
beginning in year 4
Balance repaid in full by the end of year 10
Dedicated Source
of Repayment
Other Sources
of Repayment
Use of Funds
100% of the collections by Elkhorn Project, Inc. of a
7.7% public improvement fee charged on all
transactions on the Elkhorn Property that are exempt
from sales tax. This fee is expected to generate over
$650,000 per year by 2015.
The note would be full -recourse to all other assets
and income of Elkhorn Project, Inc.
The borrowed funds would only be used for Eligible
Costs as defined in the RTA
Elkhorn Project Memorandum of Understanding
Exhibit E
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit F
Application Timelines under the Regional Tourism Act
(as of May 10, 2011)
Elkhorn Project Memorandum of Understanding Exhibit F
Memorandum of Understanding
Between the Town of Estee Park
and Elkhorn Project, Inc.
Entered into as of June 14, 2011
Drafts of a proposed Memorandum of Understanding have been circulated to the
Town Administrator and Town Attorney, comments from them have been
received and are incorporated in this latest draft.
This "annotated" version of the proposed Memorandum of Understanding groups
paragraphs of the Memorandum of Understanding by topic and offers
background information and an explanation of each grouping
Parties and Purpose Clauses
This Memorandum of Understanding (MOU) is being executed by the parties listed below:
1. The Town of Estes Park, Colorado (the "Town')
2. Elkhorn Project, Inc. ('EPI")
A. Purpose
'This MOU establishes and delineates the responsibilities and understandings between the two
parties regarding the preparation of an application for a regional tourism project (the "Project")
under the Colorado Regional Tourism Act (the "Application") and the design, planning and
development of Eligible Improvements (the "Facilities") pursuant to that Project. The Project
enhances the Town's position as a premier mountain resort community and furthers the Town's
guiding principles of strengthening the economic vitality, preserving the Town's unique character
and history and enhancing recreational and cultural opportunities.
Explanation of Provisions
1. The purpose of thisMOU is to establish the responsibilities of the Town and Elkhorn Project, Inc.
with respect to the RTA Application and the project itself.
2. The project furthers several of the guiding principles adopted by the Town Board of Trustees as
articulated in the Town's Mission Statement.
Articles of Incorporation of Elkhorn Project, Inc.
From Section B—Responsibilities of Elkhorn Project, Inc.
1. Article II, Section 8 of EPI's Restated Articles of Incorporation provides in part that "In the
event of the dissolution and liquidation of [Elkhorn Project, Inc.], to the extent allowed or
permitted under applicable laws, the property and assets of the corporation shall be, as
determined by the Board of Directors, distributed to or sold and the proceeds of such sale
distributed exclusively to the Town of Estes Park, Colorado or such other organization(s)
organized and operating exclusively for religious, charitable, scientific, education, or other
purposes permitted by Section 501(c)(3) of the Internal Revenue Code, as amended, as may be
designated by the Town of Estes Park, Colorado, in each instance subject to the debts and
contractual leasehold and other obligations of the corporation." EPI agrees not to amend or
alter this provision in any manner without the consent of the Town, which consent will not be
unreasonably withheld or delayed.
Explanation of Provisions
1. Elkhorn Project, Inc. has committed to the Town that its non-profit purpose includes benefiting
the Town upon its liquidation.
2. This is based upon the Winter Park model in which the non-profit corporation there benefits the
City of Denver.
Preparation and Submission of RTA Application
From Section B—Responsibilities of Elkhorn Project, Inc.
2. EPI, at its sole expense, shall retain a planning and design consulting firm to assist in the
preparation of the Application to be submitted by the Town. EPI, at its sole expense, shall retain
an economic consulting firm to prepare economic impact information to be included in the
Application. EPI shall be solely responsible for compiling this information and preparing the
balance of the Application (except for the listing of businesses required by Item 3 of the
Application). EPI shall be primarily responsible for responding to any requests from the
Colorado Economic Development Commission or the Colorado Office of Economic
Development and International Trade for the submission of additional materials or clarification of
the Application. EPI shall be primarily responsible for providing to the Third Party Analyst
selected by the Colorado Office of State Planning and Budgeting with data, assumptions and
other information as may be requested. EPI's responsibilities under this Paragraph 2 shall be
without any out-of-pocket expense being incurred by the Town in connection with the
preparation of the Application.
From Section C—Responsibilities of the Town
1. The Town agrees to assist EPI in connection with the preparation of the Application to the
extent that information needed for the Application is within control of the Town, including without
limitation, the listing of businesses required by Item 3 of the Application. The Town will submit
the Application to the Colorado Office of Economic Development and International Trade on or
before the deadline for submission (as such may be extended). The Town, as the Applicant, will
be solely responsible for the fee of the Third Party Analyst selected by the Colorado Office of
State Planning and Budgeting. However, the Town may withdraw the Application after
submission and prior to the Application being given to the Third Party Analyst without incurring
any costs related to the Third Party Analyst.
2. The Town shall request that the Colorado Economic Development Commission, pursuant to
the Regional Tourism Act, create a regional tourism authority for the purpose of serving as the
Financing Entity for the project referred to in the Application and that the geographic boundaries
of the Estes Park Tourism Authority be co -extensive with the city limits of the Town of Estes
Park as such may change during the duration of the authority. The Town shall recommend the
appointment of the five individuals named on Exhibit A to this MOU to serve as the initial
members of the governing board of the Estes Park Tourism Authority.
Explanation of Provisions
1. Elkhorn Project, Inc. has committed to the Town that it will prepare the bulk of RTA Application
and has already spent countless hours preparing this document.
2. Elkhorn Project, Inc. has retained SE Group to provide design and planning assistance in
connection with the preparation of the Application. All fees of SE Group will be the sole
responsibility of Elkhorn Project, Inc.
3. Elkhorn Project, Inc. has retained Doug Kennedy Advisors to prepare the economic impact
analysis to be included in the RTA Application. All fees of Doug Kennedy Advisors will be the
sole responsibility of Elkhorn Project, Inc.
4. Certain portions of the RTA Application require documentation that only the Town can provide
(e.g. a spreadsheet of businesses within the proposed tourism zone). Similarly, the names of the
persons recommended to serve as the initial governing board of the Tourism Authority (both
those to be appointed by the Colorado Economic Development Commission and those to be
appointed by the Town 's Board of Trustees) need to be identified. The Town must provide this
information.
5. There is no filing fee owed by the Town or anyone in connection with the filing of the RTA
Application.
6 The Colorado Economic Development Commission also requires that all RTA Applications be
reviewed by a Third Party Analysis selected by the state under an RFP process. As part of the
Application, the Town, as the Applicant, must commit to pay the cost of this Third Party Analysis
unless the Application is withdrawn after seeing the other applications. We have requested but
have not been provided with any estimate of the amount of this cost
7. The Regional Tourism Act and this MOU both permit the Town, in its sole discretion, to withdraw
the application on or August 9, 2011 when payment of the Third Party Analyst Fee becomes due.
This permits the Town and Elkhorn Project, Inc. to see what other applications have been
submitted and before becoming committed to even the payment of the Third Party Analyst Fee.
8. Elkhorn Project, Inc. commits to be primarily responsible for responding to any requests for
clarification or for additional information that may come from the Colorado Economic
Development Commission or from the Third Party Analyst after the RTA Application has been
submitted.
Administrative Support for the Estes Park Tourism Authority
From Section C—Responsibilities of the Town
3. The Town agrees to enter into an intergovernmental agreement with the Estes Park Tourism
Authority pursuant to which the Town will provide the Estes Park Tourism Authority with
accounting, legal and support services, at least during its organizational period. Under this
intergovernmental agreement, the Estes Park Tourism Authority will reimburse the Town for the
allocated cost of these services with such reimbursement considered an Eligible Cost to be paid
from incremental state sales tax revenues received by the Estes Park Tourism Authority.
Explanation of Provisions
1. The Tourism Authority will have a limited but ongoing need for accounting services:
a. The Tourism Authority will receive incremental state sales tax receipts from the Colorado
Department of Revenue on a monthly basis. If 2011 is selected as the base year and
facilities in the Project are complete by the summer of 2012 (as contemplate with some of
the summer facilities for the ski/adventure park), these receipts may begin to be received
as early as July, 2011.
b. The Tourism Authority will receive reimbursement requests from Elkhorn Project, Inc.
identifying Eligible Costs for which they wish to be reimbursed
c. The Tourism Authority has the financial responsibility to limit its payouts to only those
costs that qualify as Eligible Costs.
d The Tourism Authority must annually prepare and submit to the Colorado Economic
Development Commission a report showing its receipts and disbursement offunds and a
description of the status of construction of the Project's facilities. An audited statement
of the financial status of the Tourism Authority must accompany this report.
e. If the Tourism Authority issues bonds or otherwise borrows money, additional periodic
financial reporting to bond holders or lenders would likely be required.
f The need for these accounting services will likely continue for the duration of the
Tourism Authority (30 years).
g. For the Town to include the Tourism Authority in the Town's accounting .system, an
additional module for the accounting package would need to be purchased at an
approximate cost of $ according to Town staff.
h. The cost of accounting staff preparing financial reports for the Tourism Authority and
otherwise providing accounting services should be comparable to the cost of accounting
services provided by the Town to the Local Marketing District during its initial years of
existence (For reference, reimbursed costs for LMD administrative support came to less
than $50, 000, of which accounting staff support was a component).
2. The Tourism Authority should have a very limited need for legal services:
a. Upon its creation, the governing board of the Tourism Authority should receive guidance
from legal counsel as to their legal responsibilities under the Regional Tourism Act and
Colorado law governing local government bodies.
b. If the Tourism Authority issues bonds or otherwise borrows money, legal services will
need to be obtained by the Tourism Authority.
c. The need for these legal services will likely be more significant in the initial year of the
existence of the Tourism Authority but would then be expected to decline substantially but
not entirely disappear for the duration of the Tourism Authority (30 years).
d. The cost of legal services for the Tourism Authority should be comparable to the cost of
legal services provided by the Town to the Local Marketing District during its initial
years of existence (the Town's budget included $1, 000 for legal costs of the LIVID) unless
the Tourism Authority issues bonds or otherwise borrows money in which case
significantly greater legal services will be needed.
3. The Tourism Authority will have a limited need for other administrative services:
a. The Tourism Authority will have a limited need for other administrative services such as
the preparation and circulation of meeting agendas, board packets, minutes, etc.
b. The cost of these other administrative services for the Tourism Authority should be
comparable to the cost of administrative services provided by the Town to the Local
Marketing District during its initial years of existence (less than $50, 000 (including legal
and accounting) according to Town 's budget information).
4. The IGA would provide for reimbursement to the Town of these costs by the Tourism Authority:
a. The costs of accounting, legal and administrative services would be borne by the Town
but are included within the definition of "Eligible Costs" under the RTA and thus may be
reimbursed by the Tourism Authority to the Town as the Tourism Authority receives
incremental state sales tax receipts.
b. The only financial burden to the Town that might result from this arrangement is the
existence of a receivable for the cost of such services if the Tourism Authority has not yet
collected sufficient funds from the Department of Revenue.
5. This IGA cannot be entered into until the Tourism Authority comes into existence by action of the
Colorado Economic Development Commission upon approval of the Town 's RTA Application.
The IGA can and should provide for periodic (annual or every two years) review by both the
Town and the Tourism Authority with both parties having the option to renew the IGA on its
existing terms, propose modifications to the terms of the IGA or to terminate the IGA.
Purchase, Annexation and Rezoning of the Property
From Section 8—Responsibilities of Elkhorn Project, Inc.
3. EPI, at its sole expense, shall acquire the Elkhorn Lodge real property (the "Elkhorn
Property"). EPI agrees to execute and deliver to the Town any and all applications or other
documents that may be necessary in order for the Town to complete the annexation of the 40
acre parcel known as Larimer County parcel number 35261-00-001.
4. EPI agrees to execute and deliver to the Town any and all applications or other documents
that may be necessary in order for the Town to re -zone the Elkhorn Property in such a manner
that the Project or the facilities to be constructed and operated as part of the Project may
require.
From Section C—Responsibilities of the Town
4. The Town agrees to take such actions as may be necessary or appropriate to consider the
annexation of the 40 acre parcel known as Larimer County parcel number 35261-00-001. The
Town further agrees to take such actions as may be necessary or appropriate to consider the
re -zoning of the Elkhorn Property and the Town's 1-acre parcel in such a manner as the Project
or the facilities to be constructed and operated as part of the Project may require. It is
understood and agreed that such actions may require public notice, public hearings and formal
action by the Board of Trustees of the Town and/or of the Planning Commission of the Town.
The Town agrees to waive all fees related to the annexation, re -zoning, any special use plan
review, development plan review and any other planning approvals that may be required in
connection with the Project.
Explanation of Provisions
1. The 40-acre parcel at the top of the chairlift is not currently within the city limits of the Town and
will need to be annexed.
a. Annexation papers were previously prepared but will need to be updated as part of this
process.
b. The property is contiguous to other property already within the city limits.
c. Larimer County has indicated no objection to the annexation.
d We are not aware of any basis for an objection to this annexation.
e. Annexation should not occur prior to Elkhorn Project, Inc. closing on its purchase of the
parcel which is expected to occur in March 2012.
2. The 40-acre parcel at the top of the chairlift and the Town's 1-acre parcel (discussed in greater
detail elsewhere) are both currently zoned residential and will need to be rezoned for commercial
use to enable them to be used as part of the ski/adventure park
a. We are not aware of any basis for an objection to this rezoning.
b. Rezoning should not occur prior to Elkhorn Project, Inc. closing on its purchase of the
parcel which is expected to occur in March 2012 but will need to be completed in time
for construction to begin on the summer facilities of the ski/adventure park so that they
can be opened in time for the summer 2012 season.
3. The parcel on which the Elkhorn Lodge is located will eventually need to be rezoned Downtown
Commercial in order to reduce setback requirements. This rezoning will likely be done as part of
the development plan review for this area.
4. Elkhorn Project, Inc. contemplates normal development plan review with respect to the parcel on
which the Elkhorn Lodge is located Renovation of the Elkhorn Lodge would not need to be
delayed while development plans for this area were being reviewed and construction on the new
wing of the hotel, the performing arts center (if relocated) and the heritage/cultural area are not
expected to begin until 2013 at the earliest. With construction of the summer facilities for the
ski/adventure park needing to be complete in time for the summer 2012 season, we would hope
that this portion of the development review process could be expedited
5. Elkhorn Project, Inc. is asking the Town to waive fees in connection with the annexation,
rezoning and development review. The amount of the fees is estimated by Town staff to be
approximately $ . This amount is more than offset by the tax revenues that the Town
can reasonably expect to receive arising as a direct or indirect result of the Project.
Water Rights
From Section B—Responsibilities of Elkhorn Project, Inc.
5. EPI agrees to enter into a water rights lease with the Town on the terms set forth in Exhibit B
of this MOU. EPI may sublease all or a portion of its rights and obligations under this water
rights lease to the operator of the skiadventure park but EPI understands and agrees that any
such sublease will not relieve EPI of its obligations to the Town under such water rights lease.
From Section C—Responsibilities of the Town
5. The Town agrees to enter into a water rights lease with EPI on the terms set forth in Exhibit B
of this MOU.
Exhibit B
Terms of Lease of Water Rights
Lessee Elkhorn Project, Inc. and its assigns
Water Rights Maximum of 40 acre-feet of the Town's Windy Gap Water each
calendar year to be drawn by Lessee from Fall River
Duration An initial term of 25 years with five 5 year options to renew
Payments Lessee shall pay the Town:
(i) An annual rent payment of $ for each year of the
Lease which payment is non-refundable and due regardless of
actual use
(ii) A usage charge of $ for each acre foot of water
used
(iii) Reimbursement of administrative costs associated with
this lease in an amount of $ upon execution of the
lease and $ for each year of the Lease which
payments are non-refundable and due regardless of actual
use
Use of Leased Water
Limitations on Use
Water supplied pursuant to Lease will be used for snowmaking
and misting of artificial sliding surface for tubing and beginner ski
hill.
The Lease will contain provisions written to ensure that the
Lessee's drawing of water from Fall River is conducted at times
and in a manner that it will not reduce stream flow to levels that
would adversely impact either wildlife or aesthetics.
Explanation of Provisions
1. Snowmaking is estimated by SE Group to require an annual total of 31.5 acre feet ofwater. This
is up slightly from our earlier estimate of 30.7 acre feet. Usage would occur primarily in the
months of October through January. Much of this water would be returned to the river when the
snow melted off in April and May.
2. The Snowflex® summer skiing and tubing surface includes a misting of the surface but includes a_
recycling system which reclaims 70% of the water used Due to evaporation and water loss, an
additional 3.6 acre feet ofwater is estimated to be needed.
3. The difference between the sum of the 31.5 acre feet of water needed for snowmaking and the 3.6
acre feet of water needed for the Snowflex® surface and the 40 acre feet sought under the lease is
to give the operator of the ski/adventure park additional leeway
4. In no month will the usage by the ski/adventure park operator amount to more than 2% of the
average water flow in Fall River. The lease will also contain a provision that prohibits the
ski/adventure park operator from drawing water if the flow in Fall River is less than an amount
deemed necessary to preserve the quality and aesthetics of the river. (See the charts that follow
this section]
5. The Water Rights Lease will include an annual lease payment, an additional charge for water
actually used and reimbursement of the Town 's administrative expenses in connection with the
lease. All of these would be at negotiated at market rate. EPI is not requesting any preferential
treatment with regard to water rights.
Pecent of Fall River Water Flow Used
of flow used
Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec
Months
Fall River Water Usage
Water Use
In Stream Flow
Months
Easement on I Acre Parcel owned by the Town
From Section B—Responsibilities of Elkhorn Project, Inc.
6. EPI agrees to purchase an easement from the Town with respect to use of a parcel of
undeveloped land (approximately one acre in size) known as Larimer County parcel number
35261-09-901 on the terms set forth in Exhibit C of this MOU. EPI's rights and obligations under
this easement will be assignable by EPI to the operator of the ski/adventure park but EPI
understands and agrees that any such assignment will not relieve EPI of its obligations to the
Town under such easement.
From Section C—Responsibilities of the Town
6. The Town agrees to grant EPI an easement with respect to use of a parcel of undeveloped
land (approximately one acre in size) known as Larimer County parcel number 35261-09-901 on
the terms set forth in Exhibit C of this MOU.
Exhibit C
Terms of Easement
Grantee Elkhorn Project, Inc. and its assigns
Subject Property All of Larimer County Parcel No. 35261-09-901
Purchase Price $1.00 and other good and valuable consideration
Permitted Uses Grantee and its assigns may use the subject property for the
construction, development and operation of (i) a tubing hill, (ii) an
alpine coaster ride, (iii) a zip -line ride, (iv) mountain bike trails,
(v) downhill ski/snowboard runs and (vi) lifts and trails providing
access to any of the foregoing.
Ancillary Uses
Prohibited Uses
Grantee and its assigns may modify the terrain, cut and remove
trees and brush and attach structures to the subject property as
necessary for the construction, development and operation of the
permitted uses. Grantee and its assigns may conduct
snowmaking operations on the subject property.
Grantee and its assigns shall not commit any waste on the subject
property, shall minimize to the extent reasonable and practicable
the modification of terrain and the cutting of live trees. Grantee
may not install on the subject property any lighting for night use of
the subject property.
Explanation of Provisions
1. We understand that the Town received this one acre parcel from the developer of the Elkhorn
Club Estates subdivision in . Since that time, the Town has not made any use of this
property and, at times, may not have even been aware that it was owned by the Town.
2. According to Town staff, there are no restrictions on the Town 's use of the property.
3. The ski/adventure park operator will need to use a portion of this parcel for (i) the top of the
tubing run, (it) the chairlift, (iii) ski/snowboaiding trails and (iv) a portion of the alpine coaster
ride.
Possible Relocation of the PerforminjArts Center
From Section C—Responsibilities of the Town
7. If the Town's RTA Application is approved by the Colorado Economic Development
Commission, the Town agrees to meet with EPI and Supporters of the Performing Arts, Inc.
("SOPA") to consider whether or not it may be preferable to relocate the Estes Park Performing
Arts Center to the Elkhorn Property location. The Town agrees that, if it is ultimately decided
that the Estes Park Performing Arts Center is to be relocated to the Elkhorn Property location,
all terms of the Town's existing memorandum of understanding with SOPA, as previously
amended, (the "SOPA Memorandum of Understanding") shall remain in full force and effect and
shall apply with respect to the Estes Park Performing Arts Center on such relocated site.
Without limiting the foregoing, it is understood and agreed that the Town's obligation under
Paragraph 2 of Section C of the SOPA Memorandum of Understanding shall be interpreted as
applying to improvements necessary for the Estes Park Performing Arts Center on the relocated
site. Nothing in this MOU commits the Town, EPI or SOPA to agree to any relocation of the
Estes Park Performing Arts Center from its current planned location at the Stanley Park
Fairgrounds.
Explanation of Provisions
1. Including the Performing Arts Center should enhance the chances of success for the RTA
application as well as adding a facility that would compliment the lodging facility on the Elkhorn
Property. RTA funds, if the application is successful, would help fund construction and allow
SOPA to build a larger endowment to support its operations.
2. Relocation of the Performing Arts Center to the Elkhorn Property site probably is only possible if
the RTA application is successful and we will not know that until March 2012.
3. Between now and March 2012,
a. The Town will need to consider how it will replace the horse barns if the Performing Arts
Center is kept at the Stanley Fairgrounds site and what, nonetheless, needs to be done to
address the deteriorating condition of the horse barns if the Performing Arts Center were
to be relocated to the Elkhorn Property site.
b. The Town and SOPA need to address their respective responsibilities for the
construction, maintenance and operational management of the Performing Arts Center if
it is built on the Stanley Fairgrounds site.
c. SOPA and the Elkhorn Project, Inc. need to address their respective responsibilities for
the construction, maintenance and operation of the Performing Arts Center if it is built
on the Elkhorn Property site and what if any design changes may need to be made to the
building for that site and what if any design changes may need to be made to the Elkhorn
Project development plan to ensure adequate parking for the Performing Arts Center.
d. The Town, SOPA and Elkhorn Project, Inc. should review the traffic impact of relocating
the Performing Arts Center to the Elkhorn Property site.
4. There is no need for a final decision at this time with respect to the ultimate site of the
Performing Arts Center. Indeed, it is better that this decision be deferred until after we know
whether or not the RTA application is successful and until the other issues relating to both
locations can be more fully explored.
5. This paragraph in the MOU only commits the Town to exploring the possibility of relocation of
the Performing Arts Center and commits the Town to meeting and making a decision with SOPA
and Elkhorn Project, Inc. as soon as a decision is made on the awarding of the RTA.
6. A memorandum jointly written by a member of the Board of Directors of SOPA and a member of
the Board ofDirectors of Elkhorn Project, Inc., in their individual capacities, to inform their
respective boards and the Board of Trustees on the issues involved in and the timing of any
decision with regard to the final location of the Estes Park Performing Arts Center is attached at
the end of this document.
7. The above language contemplates that if the Town, SOPA and Elkhorn Project, Inc. ultimately
decide to relocate the Performing Arts Center to the Elkhorn Property site, $1,200, 000 currently
estimated as the cost of the site improvements that the Town has committed to make in connection
with the Performing Arts Center be transferred and used for site improvements necessary at the
Elkhorn Property site.
a. This language in no way commits the Town or any of the others to any decision on
relocation.
b. This is based on the premise that those expenses would no longer need to be incurred by
the Town at the fairgrounds site. To the extent that this premise is not correct ( i.e. that
the $1, 200, 000 includes the cost of work that will need to be done at the Stanley
Fairgrounds site even if the Performing Arts Center is relocated (e.g. perhaps the
demolition cost of the horse barns), perhaps not all of the $1, 200, 000 should be
transferred.
c. Elkhorn Project, Inc. would be willing to cap the Town's financial commitment for site
improvements at the current estimate of $1, 200, 000. The MOU between the Town and
SOPA does not contain any such cap and the Town 's obligation may be greater if those
costs at the Stanley Fairgrounds site continue to escalate.
Utility and Infrastructure Improvements Provided by the Town
From Section C—Responsibilities of the Town
8. If the Town's RTA Application is approved by the Colorado Economic Development
Commission, the Town agrees to consider providing, at the Town's sole expense, the site
preparation, utility and infrastructure improvements in support of the Project as set forth in
Exhibit D of this MOU. It is understood and agreed that all these site preparation, utility and
infrastructure improvements are in addition to the obligations of the Town under the SOPA
Memorandum of Understanding. It is further understood and agreed that all site preparation,
utility and infrastructure improvements not set forth on Exhibit D of this MOU or otherwise
covered by the SOPA Memorandum of Understanding, including such improvements as may be
required as a condition of approval of the Project's development plan, shall be the sole
responsibility of EPI at its sole expense.
Exhibit D
Site Preparation, Utility and Infrastructure Improvements to be
Performed by the Town of Estes Park in Support of the Project
If the RTA application is successful, the Town of Estes Park will consider making or
funding the following improvements associated with the Elkhorn Project:
Improvement Estimated Cost
New Bridge (using old Hwy 34 Trusses) $300,000
Entrance Road and Sidewalk (150 lineal feet) $100,000
Riverwalk Connection (on site) $120,000
Fall River Restoration and Improvements $240,000
Improvements along North Bank of Fall River $90,000
Site Preparation for Parking Garage $150,000
TOTAL $1,000,000
Explanation of Provisions
1. Elkhorn Project, Inc. is requesting that the Town provide the infrastructure improvements set
forth on Exhibit D as a portion of its contribution to the Elkhorn Project.
2. We believe that the Town can do this work more cheaply than Elkhorn Project, Inc. could hire
contractors to perform this work The Town is in a better position to work with other
governmental authorities with interests in the right-of-way to Elkhorn Avenue and with interests
in the restoration of the Fall River riverbanks.
3. The fact that the Town Board is supportive of the Elkhorn Project is critical to attracting the
private operators that will provide more than 50% of the costs of the project. It is only logical
that the Colorado Economic Development Commission in making its awards will note the level of
support and enthusiasm for a project from both the local community and the governing body.
4. The financial support from the Town will probably be viewed as a measurement of whether the
words of support are hollow or sincere.
5. However, see the protective language included elsewhere in the MOU. This paragraph does not
commit the Town to ANY expenditure. It does not even commit the Town to any expenditure if
the Town's RTA application is successful.
Bridle Loan Provided by the Town
9. If the Town's RTA Application is approved by the Colorado Economic Development
Commission, the Town agrees to consider providing the financial support of the Project in the
manner set forth in Exhibit E of this MOU.
Exhibit E
Additional Financial Support to be Provided by the Town of Estes Park
in Support of the Project
If the RTA application is successful, the Town of Estes Park will consider making a loan
to Elkhorn Project, Inc. on the following terms:
Principal Amount $7,000,000
Interest Rate $3.0% paid quarterly
Repayment Interest only for the first three years
Quarterly principal payments of $125,000
beginning in year 4
Balance repaid in full by the end of year 10
Dedicated Source
of Repayment
Other Sources
of Repayment
100% of the collections by Elkhorn Project, Inc. of a
7.7% public improvement fee charged on all
transactions on the Elkhorn Property that are exempt
from sales tax. This fee is expected to generate over
$650,000 per year by 2015.
The note would be full -recourse to all other assets
and income of Elkhorn Project, Inc.
Use of Funds The borrowed funds would only be used for Eligible
Costs as defined in the RTA
Explanation of Provisions
1. Exhibit E contemplates a loan of $7,000,000 to the Elkhorn Project, Inc. bearing interest at a rate
of 3% and to be fully repaid within 10 years. The loan would be secured by a pledge of the PIF
receipts from the projected (based upon the Economic Impact analysis these should total
approximately $24, 000, 000 over 30 years).
2. Unlike expenditures on the project, a loan would not have an impact on the budget and thus
would not require cuts in other expenditures. It would instead shift assets from unrestricted cash
to a long-term note receivable. In fact, the proposed loan would positively impact the budget
because the interest on the loan at 3% exceeds the current rate of return on these funds of 0.13%.
On a $ 7, 000, 000 loan balance, this would result in $210, 000 of additional revenue.
3. As ofMarch 31, 2011, the Town had in excess of $20,000,000 in unrestricted cash reserves.
Because of limitations on what these reserves can be invested in, most of these funds are held
with ColoTrust which pays the Town 0.13% on these funds. This return is less than the rate of
inflation.
4. We are not aware of there being any legal limitations on the ability of the Town to loan out these
cash reserves. Although much of the cash reserve is in funds other than the general fund, the
Town in the past has lent monies from these other funds (i. e. loan to the Housing Authority which
was made in 2006, bears interest at a rate of only 0.38% and, while mostly repaid, was recently
extended until June 2013.
Onroin,( Financial Responsibility for the Project
From Section B—Responsibilities of Elkhorn Project, Inc.
7. Upon completion of the Project, EPI shall be solely responsible for the operation and
management of the Project. It is understood and agreed that EPI will enter into leases and
development agreements with the operators of certain facilities within the Project delegating
certain responsibilities to these operators but retaining oversight and authority as the lessor of
the properties and facilities. It is understood and agreed that the Town shall not have any
responsibility or obligation under such agreements.
Explanation of Provisions
1. The Town will not have any ongoing commitments or financial responsibility for the project.
Those duties will be the responsibility of Elkhorn Project, Inc.
2. If it is ultimately decided to relocate the Performing Arts Center to the Elkhorn Property site, the
Town will be relieved of the responsibility for the construction, maintenance or operation of that
facility.
Timing of Actions
F. Timing of Actions
The parties shall act in such manner to by April 30, 2012 (i) execute the Water Rights Lease
referred to in Paragraph 5 of both Section B and Section C, (ii) execute the Easement referred
to in Paragraph 6 of both Section B and Section C and (iii) complete the annexation and
rezoning of the ski -adventure park portion of the Elkhorn Property. The parties understand that
such a deadline is subject to delays due to reasons beyond the control of either party but further
understand that completion of such items by such dates is important in order for summer
activities to begin in time for the 2012 summer tourism season. All other actions contemplated
by this MOU shall be completed as soon as is practicable on or after such date.
Explanation of Provisions
1. Between submittal of the RTA Application and the decision by the Colorado Economic
Development Commission on whether or not it is successful, the MOU does not anticipate
entering into contracts or formal actions. This will permit the parties to make their final
decisions in the context of knowing whether or not there will be RTA funding. Preliminary
planning work will continue during this time.
2. If the RTA Application is awarded it is important both for the Town and for Elkhorn Project, Inc.
that work, particularly with respect to the ski/adventure park facilities, commence as quickly as
possible in order for those facilities to begin generating revenue and tax receipts during the
summer 2012 tourist season
Other Provisions
D. Governmental Immunity
The parties agree and understand that the Town is relying on and does not waive, by any
provision of this MOU, the monetary limitations or terms (presently One Hundred Fifty Thousand
and 00/100 Dollars ($150,000) per person and Six Hundred Thousand and 00/100 Dollars
($600,000) per occurrence) or any other rights, immunities, and protection provided by the
Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time
amended, or otherwise available to the Town or any of its officers, agents or employees.
E. Current Year Obligations
The parties acknowledge and agree that any payments provided for by the town or
requirements for future appropriations by the Town shall constitute only currently budgeted
expenditures of the Town. The Town's obligations under this MOU are subject to the Town's
annual right to budget and appropriate the sums necessary to provide the obligation set forth
herein. No provision of this MOU shall constitute a mandatory charge or requirement in any
ensuing fiscal year beyond the then current fiscal year of the Town. No provision of this MOU
shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other
financial obligation of the Town within the meaning of any constitutional or statutory debt
limitation. This MOU shall not directly or indirectly obligate the Town to make any payments
beyond those appropriated for the Town's then current fiscal year.
G. Notices
Any notice required or permitted by this agreement will be deemed effective when personally
delivered in writing or three (3) days after notice is deposited with the U.S. Postal Service,
postage prepaid, certified, and return receipt requested, and addressed as follows:
Elkhorn Project, Inc.
Attn: President
P01155
Estes. Park, CO 80517
Town of Estes Park
Attn: Town Administrator
P 0 Box 1200
Estes Park, CO 80517
Either party may change the address for notices by written notice to the other party.
Explanation of Provisions
1. These are standard provisions substantially the same as provisions of other contracts entered into
by the Town.
2. The language of Section E makes clear that the Town's financial commitment is subject to the
budgeting process and that, until such further action is taken, there is no financial obligation.
The sole exception to this is with respect to the undertaking for the Third Party Analyst fees.
Memorandum
to the Town of Estes Park,
the Board of Supporters of the Performing Arts, Inc.
and the Board of Elkhorn Project, Inc.
May 25, 2011
A. Commitment to Existing MOU between the Town and SOPA
• The Trustees of the Town Board on April 26, 2011 reaffirmed the Town's commitment to
the construction of a performing arts center by extending the terms of the FOSH
agreement. The importance of this vote of confidence to SOPA's fundraising efforts
cannot be overstated.
• SOPA is confident in its business plan and in its ability to successfully raise funds
sufficient for construction to be commenced by September 2012 with a completion date
of December 2013.
• SOPA and Elkhorn Project, Inc. have had extensive discussions to explore the possibility
of locating the performing arts center on the Elkhorn site. While this possible relocation
offers many advantages and raises new concerns (each addressed in this memo), no
one wants these discussions to in any manner be construed as reflecting a lack of
commitment by SOPA to the construction of the performing arts center at the Stanley
Fairgrounds site.
• Any relocation of the performing arts center to the Elkhorn site probably can only occur if
the Town's RTA application is approved bt the CCCCCCCCCCCCC. Inclusion of the
performing arts center as a facility to be constructed under the Town's RTA application
should enhance the appeal and likelihood of having the application approved. However,
no one will have any assurance of that approval until at least March 2012.
• The commitment of the FOSH funds to the construction of the performing arts center
requires only that the project is deemed feasible by May 2012 and substantially
completed construction by May 2015 and are not dependent upon the site selected.
• The Town, SOPA and Elkhorn Project, Inc. should continue to discuss the possible
relocation of the performing arts center to the Elkhorn site and should include the
performing arts center as part of the Town's RTA application but, in doing so, will
unrelentingly continue to move forward on the existing MOU with the performing arts
center located on the Stanley Fairgrounds site.
B. Action Items/Next Steps
• A final decision on whether or not to relocate the performing arts center from the Stanley
Fairgrounds site to the Elkhorn site does not need to be made at this time and should
not be made until after the Colorado Economic Development Commission decides
whether or not to approve the Town's RTA application.
• The Town's RTA application should include the performing arts center and should refer
to the parties considering a relocation of the facility to the Elkhorn site. SOPA's
fundraising materials should refer to the possibility of a relocation of the performing arts
center to the Elkhorn site if SOPA feels that doing so will enhance its fundraising efforts.
Elkhorn Project, Inc. may refer to the possibility of a relocation of the performing arts
center to the Elkhorn site in its communications with potential hotel operators if it feels
that doing so will enhance its efforts to find a stronger hotel operator without
unreasonably building up expectations.
• The Town should confirm that the MOU between the Town and SOPA, including the
Town's undertaking to provide an operating subsidy and to fund site improvement costs
will be honored if the Town, SOPA and Elkhorn Project, Inc. ultimately decide to relocate
the performing arts center to the Elkhorn site. However, it should be clearly stated that
this confirmation does not constitute a decision on whether or not the facility should be
relocated.
• SOPA and Elkhorn Project, Inc. should finalize and enter into a letter of intent
addressing a possible relocation of the performing arts center to the Elkhorn site without
committing either party to a final decision regarding such a relocation.
• During the next 9 months:
o the Town and SOPA need to refine their understanding as to each party's
obligations and financial responsibilities for the construction, maintenance and
operational management of the performing arts center if it is kept at the Stanley
Fairgrounds site;
o SOPA will need to review its operating budget to determine the effect, if any, of
SOPA's financial obligations for the building (i) in Tight of the refinement of
SOPA's agreement with the Town if it is kept at the Stanley Fairgrounds site and
(ii) in Tight of the terms negotiated with Elkhorn Project, Inc. if it relocated;
o the Town should consider whether it is feasible or cost effective to refurbish the
horse barns at their current location if the performing arts center was relocated to
the Elkhorn site;
o SOPA and Elkhorn Project, Inc. must review the plans for the Elkhorn site to
determine whether adequate parking will be available for all events;
o Elkhorn Project, Inc. and the Town may want to review the traffic impact of
relocating the performing arts center at the Elkhorn site, may want to commission
a traffic impact study and may want to review at least preliminary estimates of
any traffic improvements and explore possible sources of funding for such
improvements.
• The Town, SOPA and Elkhorn Project, Inc. should do everything possible so that they
will be in a position to (i) meet immediately after the Colorado Economic Development
Commission makes a decision on the Town's RTA application and (ii) reach a final
decision on whether or not to relocate the performing arts center to the Elkhorn site
within 45 days after the Commission's decision. A decision to relocate will require all
three parties agreeing that such is desirable.
• Until a final decision is made, each of the parties should in public statements adhere to
the position that the three parties are considering a possible relocation, are still
committed to building the performing arts center at the Stanley Fairgrounds site if it is not
relocated, and that no final decision will be made until approximately April 2012.
This Memorandum was jointly prepared by Stan Black, a board member of SOPA and Curt
Gleaves, a board member of Elkhorn Project, Inc. We submit this to the Town and to the
boards of directors of the two organizations to aid in their consideration of the issues discussed.
We would welcome further dialogue regarding these issues.
TOWN or FATES PARI
Memo
To:
Honorable Mayor Pinkham
Board of Trustees
Town Administrator Halburnt
From: Gregory A. White, Town Attorney
Reuben Bergsten, Utilities Director
Jeff Boles, Water Superintendent
Date: June 9, 2011
RE: Memorandum of Understanding — Elkhorn Project — Water Lease
This is a brief summary of the terms and conditions to Exhibit B — Terms of Lease of
Water Rights to the proposed Memorandum of Understanding between Elkhorn Project
Inc. in the Town of Estes Park. The payments set forth in Exhibit B were determined as
follows:
(i)
The market value for Windy Gap water, from the information available to
the Town, is the cost to an entity of the Windy Gap water at the date of
sale and the assumption of all outstanding debt obligations for all Windy
Gap water transferred. As of June, 2011, the approximate cost to the
Town of its Windy Gap water per acre-foot is $8,300. The $33,323.76
payment per year for 20 years is the amortization of the $332,000 at 8%
(40 acre-feet of water times $8,300).
(ii) Currently, the delivery charge of each acre-foot of Windy Gap water is
approximately $120. This amount varies each year due to fluctuation in
energy costs for pumping, carriage charges, and the volume of water
through the Adams Tunnel.
(iii) An annual administrative cost of $5,000.00 reimburses the Town for all
necessary administrative costs in administering this Lease Agreement.
(iv) Currently, there is an assessment charge of $30.00 per acre-foot of Windy
Gap water owned by each Participant in the Windy Gap Project. This
assessment is reviewed annually by the Municipal Subdistrict and is used
to provide for operation and reserve costs for the Windy Gap Project. It is
anticipated that this annual assessment may increase in future years.
(v) The water revenue bonds issued by the Municipal Subdistrict for the
construction of the Windy Gap Project are payable through 2017. $210.00
is the approximate sum per acre-foot for the Town of Estes Park's
obligation to the Municipal Subdistrict to pay its portion of the bond
payments on a per acre-foot basis. This obligation will no longer exist at
the end of 2017.
Page 2
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Entered into as of May , 2011
This Memorandum of Understanding (MOU) is being executed by the parties listed
below:
1. The Town of Estes Park, Colorado (the "Town")
2. Elkhorn Project, Inc. ("EPI")
A. Purpose
This MOU establishes and delineates the responsibilities and understandings between
the two parties regarding the preparation of an application for a regional tourism project
(the "Project") under the Colorado Regional Tourism Act (the "Application") and the
design, planning and development of Eligible Improvements (the "Facilities") pursuant to
that Project. The Project enhances the Town's position as a premier mountain resort
community and furthers the Town's guiding principles of strengthening the economic
vitality, preserving the Town's unique character and history and enhancing recreational
and cultural opportunities.
B. EPI and its Role and Responsibilities
1. Article II, Section 8 of EPI's Restated Articles of Incorporation provides in part that "In
the event of the dissolution and liquidation of [Elkhorn Project, Inc.], to the extent
allowed or permitted under applicable laws, the property and assets of the corporation
shall be, as determined by the Board of Directors, distributed to or sold and the
proceeds of such sale distributed exclusively to the Town of Estes Park Colorado or
such other organization(s) organized and operating exclusively for religious, charitable,
scientific, education, or other purposes permitted by Section 501(c)(3) of the Internal
Revenue Code, as amended, as may be designated by the Town of Estes Park,
Colorado, in each instance subject to the debts and contractual leasehold and other
obligations of the corporation." EPI agrees not to amend or alter this provision in any
manner without the consent of the Town, which consent will not be unreasonably
withheld or delayed. The Town shall not be obligated to accept any property and/or
assets of EPI upon dissolution.
2. EPI, at its sole expense, shall retain a planning and design consulting firm to assist in
the preparation of the Application to be submitted by the Town. EPI, at its sole
expense, shall retain an economic consulting firm to prepare economic impact
information to be included in the Application. EPI shall be solely responsible for
compiling this information and preparing the balance of the Application (except for the
listing of businesses required by Item 3 of the Application). EPI shall be primarily
responsible for responding to any requests from the Colorado Economic Development
Commission or the Colorado Office of Economic Development and International Trade
Elkhorn Project Memorandum of Understanding Page 1 of 12
for the submission of additional materials or clarification of the Application. EPI shall be
primarily responsible for providing to the Third Party Analyst selected by the Colorado
Office of State Planning and Budgeting with data, assumptions and other information as
may be requested. EPI's responsibilities under this Paragraph 2 shall be without any
out-of-pocket expense being incurred by the Town in connection with the preparation of
the Application.
3. EPI, at its sole expense, shall acquire the Elkhorn Lodge real property (the "Elkhorn
Property"). EPI agrees to execute and deliver to the Town any and all applications or
other documents that may be necessary in order for the Town to complete consider the
annexation of the 40 acre parcel known as Larimer County parcel number 35261-00-
001
4. EPI agrees to execute and deliver to the Town any and all applications or other
documents that may be necessary in order for the Town to rc zoncconsider re -zoning
the Elkhorn Property in such a manner that as the Project or the facilities to be
constructed and operated as part of the Project may require.
5. EPI agrees to enter into a water rights lease with the Town on the terms set forth in
Exhibit B of this MOU. EPI's may sublease all or a portion of its rights and obligations
under this water rights lease to the operator of the ski/adventure park but EPI
understands and agrees that any such sublease will not relieve EPI of its obligations to
the Town under such water rights lease.
6. EPI agrees to purchase an cascmcntlease from the Town with respect to use of a the
parcel of undeveloped land (approximately one acre in size) known as Larimer County
parcel number 35261-09-901on the terms set forth in Exhibit C of this MOU. EPI's
rights and obligations under this casement lease will be assignable by EPI to the
operator of the ski/adventure park but EPI understands and agrees that any such
assignment will not relieve EPI of its obligations to the Town under such
cascmcntlease.
7. Upon completion of the Project, EPI shall be solely responsible for the operation and
management of the Project. It is understood and agreed that EPI will enter into leases
and development agreements with the operators of certain facilities within the Project
delegating certain responsibilities to these operators but retaining oversight and
authority as the lessor of the properties and facilities. It is understood and agreed that
the Town shall not have any responsibility or obligation under such agreements.
C. The Town's Role and Responsibility
1. The Town agrees to assist EPI in connection with the preparation and review of the
Application to the extent that information needed for the Application is within control of
the Town, including without limitation, the listing of businesses required by Item 3 of the
Application. The Town will submit the Application to the Colorado Office of Economic
Development and International Trade on or before the deadline for submission (as such
Elkhorn Project Memorandum of Understanding Page 2 of 12
may be extended). The Town, as the Applicant, will be solely responsible for the fee of
the Third Party Analyst selected by the Colorado Office of State Planning and
Budgeting. However, the Town may, in its sole discretion, withdraw the Application
after submission and prior to the Application being given to the Third Party Analyst
without incurring any costs related to the Third Party Analyst.
2. The Town shall request that the Colorado Economic Development Commission,
pursuant to the Regional Tourism Act, create a regional tourism authority for the
purpose of serving as the Financing Entity for the project referred to in the Application
and that the geographic boundaries of the Estes Park Tourism Authority be co-
extensive with the eity-Town limits of the Town of Estes Parkas such may change
during the duration of the authority. The Town shall recommend the appointment of the
five individuals named on Exhibit A to this MOU to serve as the initial members of the
governing board of the Estes Park Tourism Authority.
3. The Town agrees to enter into an intergovernmental agreement with the Estes Park
Tourism Authority pursuant to which the Town will provide the Estes Park Tourism
Authority with accounting, legal and support services, at least during its organizational
period. Under this intergovernmental agreement, the Estes Park Tourism Authority will
reimburse the Town for the allocated cost of these services with such reimbursement
considered an Eligible Cost to be paid from incremental state sales tax revenues
received by the Estes Park Tourism Authority.
4. The Town agrees to take such actions as may be necessary or appropriate to
consider the annexation of the 40 acre parcel known as Larimer County parcel number
35261-00-001. The Town further agrees to take such actions as may be necessary or
appropriate to consider the re -zoning of the Elkhorn Property and the Town's 1-acre
parcel in such a manner as the Project or the facilities to be constructed and operated
as part of the Project may require. It is understood and agreed that such actions may
require public notice, public hearings and formal action by the Board of Trustees of the
Town and/or of the Planning Commission of the Town. The Town agrees to waive all
fees related to the annexation, re -zoning, any special use plan review, development
plan review and any other planning approvals that may be required in connection with
the Project.
5. The Town agrees to enter into a water rights lease with EPI on the terms set forth in
Exhibit B of this MOU.
6. The Town agrees to grant EPI an easement with respect to use of a parcel of
undeveloped land (approximately one acre in size) known as Larimer County parcel
number 35261-09-901 on the terms set forth in Exhibit C of this MOU.
7. If the Town's Application is approved by the Colorado Economic Development
Commission, the Town agrees to meet with EPI and Supporters of the Performing Arts,
Inc. ("SOPA") to consider whether or not it may be preferable to relocate the Estes Park
Performing Arts Center to the Elkhorn Property location. The Town agrees that, if it is
ultimately decided that the Estes Park Performing Arts Center is to be relocated to the
Elkhorn Project Memorandum of Understanding
Page 3 of 12
Elkhorn Property location, all terms of the Town's existing memorandum of
understanding with SOPA, as previously amended, (the "SOPA Memorandum of
Understanding") shall remain in full force and effect and shall apply with respect to the
Estes Park Performing Arts Center on such relocated site. Without limiting the
foregoing, it is understood and agreed that the Town's obligation under Paragraph 2 of
Section C of the SOPA Memorandum of Understanding shall be interpreted as applying
to improvements necessary for the Estes Park Performing Arts Center on the relocated
site. Nothing in this MOU commits the Town, EPI or SOPA to agree to any relocation of
the Estes Park Performing Arts Center from its current planned location at the Stanley
Park Fairgrounds.
8. If the Town's Application is approved by the Colorado Economic Development
Commission, the Town agrees to consider providing, at the Town's sole expense, the
site preparation, utility and infrastructure improvements in support of the Project as set
forth in Exhibit D of this MOU. It is understood and agreed that all these site
preparation, utility and infrastructure improvements are in addition to the obligations of
the Town under the SOPA Memorandum of Understanding. It is further understood and
agreed that all site preparation, utility and infrastructure improvements not set forth on
Exhibit D of this MOU or otherwise covered by the SOPA Memorandum of
Understanding, including such improvements as may be required as a condition of
approval of the Project's development plan, shall be the sole responsibility of EPI at its
sole expense.
9. If the Town's Application is approved by the Colorado Economic Development
Commission, the Town agrees to consider providing the financial support of the Project
in the manner set forth in Exhibit E of this MOU.
D. Governmental Immunity
The parties agree and understand that the Town is relying on and does not waive, by
any provision of this MOU, the monetary limitations or terms (presently One Hundred
Fifty Thousand and 00/100 Dollars ($150,000) per person and Six Hundred Thousand
and 00/100 Dollars ($600,000) per occurrence) or any other rights, immunities, and
protection provided by the Colorado Governmental Immunity Act, Section 24-10-101,
C.R.S., as from time to time amended, or otherwise available to the Town or any of its
officers, agents or employees.
E. Current Year Obligations
The parties acknowledge and agree that any payments provided for by the town or
requirements for future appropriations by the Town shall constitute only currently
budgeted expenditures of the Town. The Town's obligations under this MOU are subject
to the Town's annual right to budget and appropriate the sums necessary to provide the
obligation set forth herein. No provision of this MOU shall constitute a mandatory
charge or requirement in any ensuing fiscal year beyond the then current fiscal year of
Elkhorn Project Memorandum of Understanding Page 4 of 12
the Town. No provision of this MOU shall be construed or interpreted as creating a
multiple fiscal year direct or indirect debt or other financial obligation of the Town within
the meaning of any constitutional or statutory debt limitation. This MOU shall not directly
or indirectly obligate the Town to make any payments beyond those appropriated for the
Town's then current fiscal year.
F. Timing of Actions
The parties understand that the current timelines for Application under the RTA are as
set forth on Exhibit F. The parties shall act in such manner to by April 30, 2012
(i) execute the Water Rights Lease referred to in Paragraph 5 of both Section B
Section C, (ii) execute the Easement referred to in Paragraph 6 of both Section B and
Section C and (iii) complete the annexation and rezoning of the ski -adventure park
portion of the Elkhorn Property. The parties understand that such a deadline is subject
to delays due to reasons beyond the control of either party but further understand that
completion of such items by such dates is important in order for summer activities to
begin in time for the 2012 summer tourism season. All other actions contemplated by
this MOU shall be completed as soon as is practicable on or after such date. If the
timelines for applications under the RTA are delayed from those set forth on Exhibit F,
the timing of actions under this MOU will be reviewed and, if necessary, revised.
G. Notices
Any notice required or permitted by this agreement will be deemed effective when
personally delivered in writing or three (3) days after notice is deposited with the U.S.
Postal Service, postage prepaid, certified, and return receipt requested, and addressed
as follows:
Elkhorn Project, Inc.
Attn: President
P01155
Estes. Park, CO 80517
Town of Estes Park
Attn: Town Administrator
P 0 Box 1200
Estes Park, CO 80517
Either party may change the address for notices by written notice to the other party.
Elkhorn Project, Inc.
Frank Theis, President
Town of Estes Park
William C. Pinkham, Mayor
Attest:
Jackie Williamson, Town Clerk
Elkhorn Project Memorandum of Understanding
Page 5 of 12
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit A
Recommended Members of the Initial Governing Board
of the Estes Park Tourism Authority
Appointed by the Colorado Economic Development Commission
Person A Term expires April 30, 2016
Business Address
[Commercial property owner of property within the Town of Estes Park]
Additional background information
Person B Term expires April 30, 2014
Business Address
[Commercial property owner of property within the Town of Estes Park]
Additional background information
Appointed by the Town of Estes Park
William C. Pinkham
Address
Mayor of the Town of Estes Park
Additional background information
Person C
Address
[Community at -large representative]
Additional background information
Person D
Address
[Community at -large representative]
Additional background information
Term expires April 30, 2016
Term expires April 30, 2016
Term expires April 30, 2014
Elkhorn Project Memorandum of Understanding Exhibit A
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit B
Terms of Lease of Water Rights
Lessee Elkhorn Project, Inc. and its assigns
Water Rights Maximum of 40 acre-feet of the Town's Windy Gap Water each
calendar year to be drawn by Lessee from Fall River
Duration An initial term of 25 20 years with five 5 year options to renew
Payments Lessee shall pay the Town:
(i) An annual rent payment of $ $33,323.76 for each
year of the Lease which payment is non-refundable and due
regardless of actual use
(ii) A usage charge of $ $120.00 per year for each
acre foot of water uscd ordered
(iii) Reimbursement of administrative costs associated with
this lease in an amount of $ $5,000.00 upon
execution of the lease and $ $5,000.00 for each year
of the Lease which payments are non-refundable and due
regardless of actual use
(iv) An assessment charge of $30.00 per acre-foot
(v) A charge of $210.00 per acre-foot for the years 2013-2017
which is nonrefundable and due regardless of use
Use of Leased Water Water supplied pursuant to Lease will be used for snowmaking
and misting of artificial sliding surface for tubing and beginner ski
hill.
Limitations on Use The Lease will contain provisions written to ensure that the
Lessee's drawing of water from Fall River is conducted at times
and in a manner that it will not reduce stream flow to levels that
would adversely impact either wildlife or aesthetics.
Option to Renew The Option to Renew shall contain a provision that the terms and
conditions of the Lease shall be renegotiated between the parties
to reflect the then current value of Windy Gap water, cost of usage
of Windy Gap water, and any other relevant factors with regard to
the delivery and use of Windy Gap water pursuant to the Town's
agreements with the Municipal Subdistrict, Northern Colorado
Water Conservancy District.
Elkhorn Project Memorandum of Understanding Exhibit B
Adjustments
The payments set forth set forth in sub -sections (ii) and (iv) shall
be adjusted yearly to reflect the actual cost to the Town of delivery
of an acre-foot of Windy Gap water and the yearly assessment to
•the Town for ownership of Windy Gap water. The amounts
currently set forth in sub -section (ii) and (iv) are the current
charges associated with the ownership, use and delivery of Windy
Gap water to the Town.
Elkhorn Project Memorandum of Understanding Exhibit B
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit C
Terms of EascmcntLease
Grantee Elkhorn Project, Inc. and its assigns
Subject Property All of Larimer County Parcel No. 35261-09-901
Purchase PriccLease Payment $1.00 and other good and valuable consideration
per year
Permitted Uses Grantee Lessee and its assigns may use the subject property for
the construction, development and operation of (i) a tubing hill, (ii)
an alpine coaster ride, (iii) a zip -line ride, (iv) mountain bike trails,
(v) downhill ski/snowboard runs and (vi) lifts and trails providing
access to any of the foregoing.
Ancillary Uses Grantcc Lessee and its assigns may modify the terrain, cut and
remove trees and brush and attach structures to the subject
property as necessary for the construction, development and
operation of the permitted uses. Grantcc Lessee and its assigns
may conduct snowmaking operations on the subject property.
Prohibited Uses Grantcc Lessee and its assigns shall not commit any waste on the
subject property, shall minimize to the extent reasonable and
practicable the modification of terrain and the cutting of live trees.
Grantee may not install on the subject property any lighting for
night use of the subject property.
Retained Rights Grantor retains all rights to the subject property that arc not
inconsistent with and that would not adversely impact thc rights
granted under thc ascmcnt.
DurationLease Term
The ascmcnt Lease shall be perpetual in duration providcd20
years with 5 year options to renew., however, that if If the Grantcc
Lessee or the Grantce'sits assigns cease to use the property for
the permittcd uses for a period of12 consecutive months or more,
the Lease shall terminate
assigns written noticc of intent to terminate the casement. The
casement will tcrminatc if thc Grantcc or its assigns fails to use
thc property for the permittcd uscs within 180 days of receipt of
any noticc of intcnt to terminate thc casement.
Elkhorn Project Memorandum of Understanding
Exhibit C
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit D
Site Preparation, Utility and Infrastructure Improvements to be
Performed by the Town of Estes Park in Support of the Project
If the RTA application is successful, the Town of Estes Park will consider making
or funding the some or all of the following improvements associated with the
Elkhorn Project. The Town would coordinate these projects with the Colorado
Department of Transportation and the Corp of Engineers as necessary.
Improvement Projects
Construction of a New Bridge (using old Hwy 34 Trusses)
Entrance Road and Sidewalk (150 lineal feet)
Riverwalk Connection (on site)
Fall River Restoration and Improvements
Improvements along North Bank of Fall River
Site Preparation for Parking Garage
Maximum Aggregate Expenditure by the Town $1,000,000
Memorandum of Understanding
Between the Town of Estee Park
and Elkhorn Project, Inc.
Exhibit E
Additional Financial Support to be Provided by the Town of Estes Park
in Support of the Project
(to be negotiated]
Elkhorn Project Memorandum of Understanding Exhibit E
Memorandum of Understanding
Between the Town of Estes Park
and Elkhorn Project, Inc.
Exhibit F
Application Timelines under the Regional Tourism Act
(as of May 10, 2011)
(Updated Timeline (April 14, 2011) from State will be added here)
Elkhorn Project Memorandum of Understanding Exhibit F
Regional Tourism Act
Updated Timeline
April 14, 2011
Timeline for Application Submission and Review*
Deadline Dates
Thursday, June 30, 2011
Thursday, July 14, 2011
Thursday, July 21, 2011
Action Item
Local Government submits complete application to OEDIT
Applicants notified by OEDIT of any missing or incomplete
items
Tuesday, August 2, 2011
Tuesday, August 9, 2011
Friday, November 4, 2011
Monday, November 21, 2011
Thursday, December 20, 2011
Tuesday, December 27, 2011
Tuesday, January 10, 2012
Thursday, February 9, 2012
Thursday, March 1, 2012
Thursday, March 1, 2012
Applicants submits all missing or incomplete items to OEDIT
Final application review concluded by OEDIT and payment
requested (certified check/cashiers check) from Applicant for
Third Party Analyst
Payment due from Applicant and forwarded to theThird Party
Analyst along with the application.
Third Party Analyst completes independent analysis and
copy of report is forwarded to Applicant
If deemed necessary, Applicant submits an independent
analysis revision request to OSPB
Third Party Analyst completes revision of independent
analysis and copy of final report is forwarded to Applicant
upon receipt of payment for revision
Applicant submits final report from Third Party Analyst to
OEDIT to finalize application
OEDIT Director reviews application and forwards to Local
Communities for comments
Final comments due back from Local Communities
EDC public hearing meeting to review Regional Tourism
Project applications
EDC public hearing meeting to approve/deny Regional
Tourism Project applications
*Dates subject to change as necessary. The timing of the application review by the Third Party Analyst
may extend beyond two months, dependent on the quantity of applications received by OEDIT.
All Applicants must submit one original (with original signatures), one hard copy and
one electronic copy of the application and the final report from the Third Party Analyst
by 5:00 p.m. on or before the corresponding deadline dates. Applicants shall not
knowingly submit an incomplete application.
A Second Cycle may be offered if two Projects are not selected during the First Cycle
review. All timelines/deadlines are subject to change throughout this process at the
discretion of the EDC.