HomeMy WebLinkAboutPACKET Town Board 2023-08-08The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, August 8, 2023
7:00 p.m.
ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments
will be provided to the Board for consideration during the agenda item and added to the final packet.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated July 25, 2023 and Town Board Study Session Minutes
dated July 25, 2023.
3.Transportation Advisory Board Minutes dated June 21, 2023 (acknowledgment only).
4.Decline to Exercise Right of First Refusal to Purchase Windy Gap Water Units.
5.Appointments to the Estes Park Planning Commission of David Shirk for a term
expiring March 31, 2024, and Charles Cooper for a term beginning August 16, 2023
and expiring March 31, 2028.
6.Appointment of Bill Brown to the Estes Park Housing Authority to complete the term of
Carissa Streib expiring April 30, 2028.
7.Resolution 69-23 Setting the Public Hearing for a New Hotel & Restaurant Liquor
License Application for Twisted Griffin Pub & Restaurant DBA Twisted Griffin Pub &
Restaurant, 247 W. Elkhorn Avenue, Estes Park, Colorado.
ACTION ITEMS:
1.RESOLUTION 70-23 FIFTH AMENDED INTERGOVERNMENTAL AGREEMENT
FOR THE ESTABLISHMENT OF THE LARIMER EMERGENCY TELEPHONE
AUTHORITY (LETA). Chief Hayes.
The amendment would expand LETA’s jurisdiction to include Jackson County.
ADJOURN.
Prepared 07-28-2023
*Revised
Town of Estes Park, Larimer County, Colorado, July 25, 2023
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of
Estes Park on the 25th day of July, 2023.
Present: Wendy Koenig, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Kirby Hazelton
Frank Lancaster
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Bunny Victoria Beers, Deputy Town Clerk
Absent: None
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
PROCLAMATION – ESTES RECYCLES DAY.
The Mayor read a proclamation recognizing August 12, 2023 as Estes Recycles Day.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Younglund) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
John Guffey/Town citizen voiced speeding and speed limit concerns throughout the Estes
Valley. He stated Estes Park should take a leadership stance on public safety by
evaluating and adjusting speed limits.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: The Restorative Justice (RJ)
Golf for Justice Tournament would take place on July 28, 2023 and held a pre-retreat
session to identify strategic planning objectives based on RJ principles such as
relationship building, foundational engagement and building connections; a Regional
Elected Officials meeting was held in June where regional transportation, elections and
other issues facing communities were discussed; the Police Auxiliary met to discuss their
list of commitments and the Board commended their volunteer efforts which support the
community, festivals and provide school safety; Ole International Kitchen held a ribbon
cutting and was congratulated on their recent opening; Sisters Cities would elect Sean
Jurgens to their Board at their next regular meeting and their tax exempt status has been
reinstated; Estes Park Planning Commission vacancy interviews were conducted and
appointment recommendations would be forthcoming; the Estes Valley Watershed
Coalition worked on a bank stabilization project off Fish Creek with volunteers from the
Flatiron Construction; Trustees Martchink and Lancaster would bring forward contract
revisions for Town Administrator Machalek for Board consideration at a future meeting;
Larimer County Board of County Commissioners conducted a strategic planning
prioritizing exercise for community topics where water was a priority; and a ribbon cutting
was held for Mountain Waffle food truck.
TOWN ADMINISTRATOR REPORT.
Deputy Town Administrator Damweber was granted the International City and County
Management Association’s Credentialed Manager designation status.
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Board of Trustees – July 25, 2023 – Page 2
Town Administrator Machalek presented his policy governance report for policies 3.3,
3.12, and 3.13 and reported compliance in all areas. He stated compliance interpretation
3.3.3 contained redundancies where the margin of error for projections had been
streamlined to improve the accuracy of revenue projects to include a 10% margin of error
on projected operating revenues barring any catastrophic issues. Trustee Lancaster
recommended updates to 3.3.5 and 3.3.6 related to the reflection of unencumbered funds.
Staff would review the fund balance provided to the Board and would provide clarification
in the report.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated July 11, 2023, and Study Session Minutes dated July
11, 2023.
3. Estes Park Planning Commission Minutes dated June 20, 2023 (acknowledgment
only).
4. Letter of Support for a Grant Application to the Colorado Department of
Transportation for the Cleave Street Project.
5. Resolution 63-23 Contract with GEI Consultants, Inc., to Complete a Grant-Funded
Scoping Project for Capacity Improvement on the Big Thompson River and Fall
River - $136,875 - Budgeted.
6. Resolution 64-23 Contract with Kimley-Horn for the Multimodal Transportation
Plan and Transit Development Plan - $293,930 - Budgeted.
7. Resolution 65-23 Intergovernmental Agreement with Northern Colorado
Governmental Entities and Emergency Management Services for Disaster-
Emergency Mutual Aid and Disaster-Emergency Funding Assistance.
8. Resolution 66-23 Larimer County Office of Emergency Management Reunification
Plan.
9. Acceptance of Town Administrator Policy Governance Monitoring Report.
It was moved and seconded (Cenac/Younglund) to approve the Consent Agenda with
the removal of Item #2, and it passed with unanimously.
It was moved and seconded (Hazelton/Cenac) to approve Consent Agenda Item #2,
and it passed with Trustee Lancaster abstaining.
PLANNING COMMISSION
1. ACTION ITEMS:
A. RESOLUTION 67-23 PRELIMINARY PLAT, KRAEMER/TALYOR
TOWNHOME SUBDIVISION, 1069 MORGAN STREET, KRAEMER/TAYLOR
OWNERS/APPLICANTS. The Mayor opened the public hearing and Planner
Washam stated the preliminary and final subdivision plat would create two lots
in an R-2 (Two-Family Residential) zoning district. She stated the property
contains 0.77 acres containing a duplex constructed in 1985. The
owner/applicant requests approval of the application to formally create two
separate townhome lots out of the existing duplex historically used as two
separate lots for many years. No new development was proposed. The
application was found in compliance with the Estes Park Development Code
standards (Section 10.5.H). Staff recommended approval of the preliminary
subdivision plat. The Mayor closed the public hearing was and it was moved
and seconded (Martchink/MacAlpine) to approve Resolution 67-23, and it
passed unanimously.
B. RESOLUTION 68-23 FINAL PLAT, KRAEMER/TALYOR TOWNHOME
SUBDIVISION, 1069 MORGAN STREET, KRAEMER/TAYLOR
OWNERS/APPLICANTS. The Mayor opened the public hearing. Staff
recommended approval of the resolution to create two lots on the 0.77 acre
property separating an existing duplex into two townhome lots with no new
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Board of Trustees – July 25, 2023 – Page 3
development planned. There being no discussion the Mayor closed the public
hearing. It was moved and seconded (Hazelton/Martchink) to approve
Resolution 68-23, and it passed unanimously.
ACTION ITEMS:
1. REVISED POLICY 101 – BOARD OF TRUSTEES DIVISION OF
RESPONSIBILITIES. At the July 11, 2023 study session, the Board directed staff
to bring forward a liaison appointment to the Estes Park Housing Authority Board
(EPHA) of Commissioners for consideration. The appointment would be through
April 2024 when the new Board is seated and a new appointment would be
determined. Staff requested Board direction on the appointment of a liaison to the
EPHA Board of Commissioners. It was moved and seconded
(Hazelton/Martchink) to appoint Trustee Lancaster as the liaison to the EPHA
Board, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 7:47 p.m.
Wendy Koenig, Mayor
Bunny Victoria Beers, Deputy Town Clerk
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Town of Estes Park, Larimer County, Colorado July 25, 2023
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 25th day of July, 2023.
Board: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton,
Lancaster, MacAlpine, Martchink, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton,
Lancaster, MacAlpine, Martchink, and Younglund
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Town Attorney Kramer, and Recording
Secretary Disney
Absent: None
Mayor Koenig called the meeting to order at 5:40 p.m.
KAHUNA MEMORIAL LAND REQUEST.
Supervisor Berg presented the Kahuna Memorial Land request for an educational
memorial to a bull elk known as ‘Kahuna’ on the Town owned land between Virginia
Drive and Elkhorn Avenue. The Kahuna Memorial Project team provided further
information on the request and proposal. They highlighted the formation of the team,
stakeholders, objectives and benefits of the project, timeline, funding, sculpture concept,
community engagement, and the safety awareness education plan. The Board
discussed language translation of education materials, the current use of the requested
land, impacts for moving the utility boxes, a touring/rotating art program, adding
education pieces to other elk sculptures in Town instead of adding an additional elk
sculpture, adding additional smaller sculptures of other wildlife with education materials,
additional tools for interpreting wildlife safety for the public, ownership and maintenance
of the final project, and integration of the safety awareness education plan for other
Town owned sculptures.
TOWN-OWNED PARCEL ON DRY GULCH.
Deputy Town Administrator Damweber requested the Town Board’s interest in
assessing development potential of Town owned land located off Dry Gulch Road. He
provided history of proposed developments at the site, the zoning and size of the
property, identified housing needs, previous challenges associated with the site, and the
Comprehensive Plan’s Future Land Use Map designation of the area as Natural
Resource Conservation & Parks. The Board discussed site access, structure options,
costs of developing this property versus the Fish Hatchery project, the unconfirmed
labeling of the land as “open space” on previous maps, costs of doing a feasibility
analysis for development potential, discussion of the current Future Land Use Map
designation, community engagement of any future developments of the land, previous
prioritizations of Town owned property, land swaps with private owners, and use of the
land for Town facilities in addition to housing. The Board directed staff to begin the
process of assessing the development potential of the land.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
Trustee Lancaster requested and it was determined to add a review of the prioritization
of Town owned properties to a future study session.
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Town Board Study Session – July 25, 2023 – Page 2
There being no further business, Mayor Koenig adjourned the meeting at 6:38 p.m.
Kimberly Disney, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, June 21, 2023
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 21st day of June,
2023.
Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Javier Bernal,
Jessica Ferko, Ann Finley, Larry Gamble, Linda Hanick, Mark Igel, and
Gordon Slack; Trustee Patrick Martchink; Staff Liaison Greg Muhonen
Attending: Chair Morris; Vice-Chair Ekeren; Members Gamble, Hanick, and Slack;
Trustee Martchink; Director Muhonen; Manager Solesbee; Recording
Secretary McDonald
Absent: Member Bernal, Member Ferko, Member Finley, Member Igel
Chair Morris called the meeting to order at 12:10 p.m.
PUBLIC COMMENT
None.
TRUSTEE LIAISON UPDATE
Trustee Martchink did not have official updates, but reported that he had been questioned
by the Larimer County Sheriff’s Office about the operational specifications of the stoplight
placed on US 36 for the Community Drive Roundabout construction project.
APPROVAL OF MINUTES DATED MAY 17, 2023
It was moved and seconded (Slack/Hanick) to approve the May 17, 2023, minutes
with a minor amendment, and the motion passed unanimously.
MOBILITY SERVICES UPDATE
Manager Solesbee reported that the May 26 opening weekend of the 2023 paid parking
season was the smoothest on record. Weekly parking data will be regularly posted on the
website; early numbers indicate trending slightly lower than previous years in free and
paid lots, and slightly higher in the parking structure. Lots are full on the weekend, with
most at 85% on weekdays; the average parking time is two hours. Feedback from locals
on the paid parking utility mailer has been extensive and positive. While the team
prepares for July 4 business, the parking structure banner is being produced and the
Farmer’s Market reorganization is working very well.
The Peak’s 2023 Transit Schedule for the daily Red Route began on May 26; the Gold,
Silver, Brown, and Blue Routes will run daily July 1-September 4, then weekends only
through October 1. The brand name change from Estes Transit to The Peak will be
announced soon in the annual transit schedule news release. Bustang’s weekend service
Transportation Advisory Board – June 21, 2023 – Page 2
started strong on May 27. Thanks to funding from the Colorado Association of Transit
Agencies (CASTA) and Department of Energy (DOE) through the Zero Fare for Better Air
initiative, trolley service hours increased (now 7:30 a.m. to 9:30 p.m.) and CASTA’s free
marketing support will feature news releases and radio spots in English and Spanish.
Both electric trolleys (EV 1 & 2) are running 13 hours on new batteries (compared to 4-5
hours with the previous batteries), and the trolleys and rented shuttles will soon receive
their animal-themed wraps. Redesigned stop signs and transit brochures will be featured
in English and Spanish.
The selection committee for the Multimodal Transportation Plan (MTP) and Transit
Development Plan (TDP) interviewed three firms before selecting the Kimley-Horn and
Nelson\Nygaard team, whose well-prepared proposal was focused on funding sources
and research into similar communities like Sedona and Moab. Staff will seek contract
approval from the Town Board in July, after which work would begin on the TDP.
The trolley barn project is awaiting the CDOT grant agreement before the bid process can
begin, and progress is being made on the request for proposal for the Big Horn Parking
Structure design.
ENGINEERING UPDATE
Director Muhonen advised that annual striping is underway, and concrete work is
upcoming for new and existing trail sections.
Fall River Trail Extension (FRT) work has included flatwork and backfilling; planning of
improvements for access to Ponderosa Lodge; wood fencing on the back side of the trail;
and installation of bridge, guard, and pedestrian rails.
The final designs for Cleave Street Improvements (CSI) are now posted on the website
project page. Although two easements were denied, the resulting design adaptation
should not prolong the project.
Wayfinding installation is underway for the Downtown Wayfinding Program (DWP). Some
signage requires corrections to design or placement.
For the Downtown Estes Loop (DEL) project, curb, gutter, and sidewalk has been poured
along the west side of West Riverside Drive, and earthwork continues for the new
retaining wall north of Fun City. Traffic patterns are being planned; Riverside Drive will
soon reopen for one-way, eastbound flow. The Ivy Bridge, Crags Drive, and Moraine
Avenue should open by the end of June. Flatiron Constructors, Inc. (FCI) proposed
reconstructing the Post Office parking lot and wall this summer; given the necessity of
this project, the TAB discussed at length before recommending that it begin in August or
be delayed until May or summer 2024, depending on rainfall factors.
Per Mountain Constructors, Inc. (MCI), flooding issues at the project site for the US
36/Community Drive Roundabout (CDRBT) have delayed the scheduled reopening of this
intersection. To accommodate the July 5-10 Rooftop Rodeo, MCI will prep US 36 for two-
Transportation Advisory Board – June 21, 2023 – Page 3
way traffic; additionally, the temporary traffic signal will allow longer green time in the
eastbound lane.
Director Muhonen briefed the TAB on the June 13 Town Board Study Session for 1%
Sales Tax Renewal Components and Stormwater Considerations. The Town Board
affirmed the staff’s proposal to direct 46% to street maintenance; 28% to stormwater
planning; 17% to trails maintenance; and 9% to wildfire mitigation.
Discussion points for all projects included the need for trail maintenance in the Scott
Ponds area, for which Recording Secretary McDonald will place a work order; ideas for
managing the recurring speed problems with e-bikes of all classifications on Town-owned
and other area trails; and pedestrian safety concerns in relation to crosswalk
specifications and designated locations. It was agreed that TAB members would
undertake fact-finding about e-bike management needs in the community, and that
Manager Solesbee would send a “connecting email” to Code Enforcement for monitoring
of particularly vulnerable areas like Fisherman’s Nook.
ADMINISTRATIVE UPDATE
None.
OTHER BUSINESS
None.
There being no further business, Chair Morris adjourned the meeting at 1:44 p.m.
/s/Lani McDonald, Recording Secretary
UTILITIES DEPARTMENTS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Water Supervisor Northcutt, Acting Superintendent Wesley,
Director Bergsten
Date: August 8, 2023
RE: Decline to Exercise Right of First Refusal to Purchase Windy Gap Water
Units
(Mark all that apply)
☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☐ CONTRACT/AGREEMENT ☐ RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES X NO
Objective:
Staff’s objective is to support Platte River Power Authority’s (PRPA’s) public sale of
water rights to help lower wholesale electric rate pressures.
Present Situation:
PRPA is selling “unfirmed”, i.e., no storage/reservoir to hold it, Windy Gap water units.
The Town of Estes Park has a Right Of First Refusal (ROFR) to purchase these water
units at market value, a minimum of $3.8 million for each unit of 100 acre-feet.
The Town’s water portfolio does not require additional water rights. The Town’s existing
portfolio includes enough water for the ultimate build-out, which is restricted by
geography, National Forest, and the National Park. The Town’s water portfolio is
complex and detailed in section one of our 2015 Comprehensive Water Master Plan.
Proposal:
Staff proposes the Town Board direct staff to decline to exercise its ROFR to purchase
PRPA’s unfirmed Windy Gap water Units.
Advantages:
● Allows PRPA publicly RFP for sale water rights without the ROFR limitation,
which could deter buyers from participating.
● Wholesale electric rate pressure will be lowered because the proceeds from the
sale will offset PRPA expenditures.
● Allows the growing front range municipalities an opportunity to secure water
rights for future needs
Disadvantages:
● None
Action Recommended:
Direct staff to decline to exercise the ROFR
Finance/Resource Impact:
N/A.
Level of Public Interest
Low
Sample Motion:
This item is on consent. If pulled from consent:
I move for the approval/denial of directing staff to decline our ROFR to purchase
Windy Gap water units from PRPA
Attachments:
1. Right Of First Refusal Agreement
2. 2015 Water Master Plan Section 1, Water Rights
ATTACHMENT 1
Town of Estes Park Page 7
Comprehensive Water Master Plan
SECTION 1: WATER RIGHTS - SUMMARY OF CURRENT PORTFOLIO AND
CONSIDERATIONS ASSOCIATED WITH POTENTIAL CHANGES TO
WATER SYSTEM
1. INTRODUCTION
The focus of this Comprehensive Water Master Plan is long term operational reliability, quality and
efficiency. Changes to the water system were evaluated that allow the town to divert water from the Big
Thompson River for treatment at either Glacier Creek Water Treatment Plant (GCWTP) or Mary’s Lake
Water Treatment Plant (MLWTP). In support of this evaluation, FEI was asked to review the Town’s
water rights portfolio and consider what adjustments may be required to operate new point(s) of diversion
from the Big Thompson River.
2. WATER RIGHTS PORTFOLIO SUMMARY
The Town’s water rights portfolio as of the date of this report includes a combination of contractual and
direct flow water rights. These water rights are used through GCWTP and MLWTP to supply the Town’s
water service area. Figure 1 presents a map showing the general location of the main components of the
Town’s raw water system and decreed points of diversion of the Town’s water rights.
The Town’s water rights are listed as follows, and detailed further within this report:
Bureau of Reclamation Contract – 500 acre-feet (AF);
Colorado Big Thompson Allotment – 1,217 units (1,217 AF);
Windy Gap Allotment – 3 units (300 AF);
Glacier Creek Pipeline – 2 cubic feet per second (cfs);
Estes Park Town Company Pipeline and Estes Park Water Company Pipeline – 2 cfs total
Estes Park Fall River Cascade Diversion – 1.55 cfs.
2.1. Bureau of Reclamation Contract (“Bureau Water”)
The base of the Town’s water supply is 500 AF of water derived through a contract with the United
States Department of the Interior’s Bureau of Reclamation (“Bureau”). This water is referred to as
the “Bureau Water”. The details of this water supply, including the history, terms and conditions of
the current contract, and potential risks are summarized below.
ATTACHMENT 2
Town of Estes Park Page 8
Comprehensive Water Master Plan
This page was left blank intentionally
Date: 2/3/2015 File: DiversionPoints.mxd
TOWN OF ESTES PARKWATER MASTER PLAN
DIVERSION LOCATIONS AND WATER RIGHTS
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This product is for referencepurposes only and is not tobe construed as a legaldocument or surveyinstrument.
Annual Amount Daily Limit (mgd)
Annual Estimated Firm Yield1
Daily Estimated Firm Yield Point of Use
500 AF 500 AF Marys Lake WTP4
1,217 AF No daily mgd limit 608.5 AF2 No daily limit Marys Lake WTP4
3 Units (300 AF)No daily mgd limit 150 AF3 No daily limit Marys Lake WTP4
2 cfs 1,448 AF 1.29 m gd Glacier Creek WTP5
2 cfs 1,448 AF 1.29 m gd Glacier Creek WTP5
1.55 cfs 1,122 AF 1.0 m gd Fall River6
1.
2.3.
4.
5.
6.
Note: 2014 treatment was 1,628 AF, 2034 projection is 2,348 AF
M ust be moved through Water Court.
Water Right Summary Table
Estes Park Cascade Diversion
Annual volume and maximum day volume requirements must be met. Limitations exist on these rights which reduce the yield.608.5 is based on a 50% quota.Requires "Integrated Operations" in Windy Gap Carriage contract, aka "In lieu program" (40 year contract signed 19 December 2014).Annual firm water at Marys WTP is 1,285 AF which is not enough to supply the Town, i.e. Marys WTP needs additional water to be reliable all year.M ax daily available water at Glacier WTP is 2.4 mgd, short of future demand, i.e. Glacier WTP needs additional water & expanded capacity to be reliable all year.
Water Right Name
Bureau of Reclamation ContractColorado Big Thompson Allotment
Windy Gap Allotment
Glacier Creek Pipeline
Estes Park Town Company Pipeline and Estes Park Water Company Pipeline
Loveland, CO | 970-667-0501www.invisiongis.com
Town of Estes Park Page 10
Comprehensive Water Master Plan
2.1.1 Bureau Water - Current Contract Terms and Conditions
The 1994 amendatory contract supersedes and replaces the 1939 agreement, and provides for the
following terms and conditions:
The contract provides for annual water supply of 500 AF from November 1 through
October 31, for 25 years after the execution of the contract (until 2019);
The Town has the option to renew the contract for an additional term of 25 years
(taking the contract out until 2044) by written request to the Bureau two years prior to
the 2019 expiration (written request due in 2017);
Prior to renewal, all terms and conditions can be renegotiated, excluding the 500 AF
amount, which is not negotiable;
The water is to be delivered and measured at either the Estes Powerplant penstocks or
the Mary’s Lake Powerplant Gatehouse;
A power interference fee will be assessed to the Town based on where the water is
delivered, to compensate for reduced flows through the Bureau’s power plants; and
After the second 25-year period (in 2044), a new contract would need to be negotiated
with the Bureau. At this point there is no guarantee of a 500 AF supply going forward.
The Bureau Water supply is one-time use water that was previously challenged by the Town (and
upheld by the court). Return flows resulting from the one-time use of this supply cannot be
captured for re-use by the town. A summary of the pros, cons, annual yield, and location of
delivery of the Bureau Water is presented in Table 4.
Table 4. Bureau Water Summary of Key Information
Pros Cons
500 AF/year (through 2044).
Not subject to CBT quota.
Low cost.
System already in place for direct
delivery to MLWTP.
Contract renews in 2019 & 2044.
No guarantee of 500 AF yield with 2044 contract
renewal.
Single use water.
Based on current infrastructure, location of delivery
limited to MLWTP.
ANNUAL YIELD: 500 AF/year (Nov 1 – Oct 31)
LOCATION OF DELIVERY: To be delivered and measured at the Estes Powerplant penstocks or the
Mary’s Lake Powerplant Gatehouse
2.2. Colorado Big-Thompson Project Allotment
The Town currently possesses a contract with Northern Colorado Water Conservancy District
(“Northern Water”) for 1,217 units in the CBT Project. The CBT Project, originally constructed by
the Bureau and managed by Northern Water, collects water from the upper Colorado River basin on
the west slope of the continental divide, and delivers it across the divide to the highly populated areas
of Colorado on the east slope. Eighty (80) percent of CBT Project water comes from snowmelt, and a
complex system of reservoirs, pumping plants, tunnels, pipelines, and power plants helps convey the
Town of Estes Park Page 11
Comprehensive Water Master Plan
water across the continental divide. A figure showing the components of the CBT Project is
presented in Figure 1. The Division 5 water rights associated with the CBT Project are listed below
in Table 5.
Table 5. Division 5 Colorado-Big Thompson Project Water Rights
Decree Structure Source Appropriation
Date Amount
CA2782
CBT Alva B Adams
Tunnel
North Fork
Colorado River 8/1/1935 550 cfs
CBT Granby Pump Canal North Fork
Colorado River 8/1/1935 1,100 cfs
CBT Willow Creek Feeder Willow Creek 8/1/1935 400 cfs
CBT Granby Reservoir North Fork
Colorado River 8/1/1935 543,758 AF
CBT Shadow Mtn Grand L North Fork
Colorado River 8/1/1935 19,669 AF
CBT Willow Creek
Reservoir Willow Creek 8/1/1935 10,553 AF
The CBT Project was designed to deliver 310,000 AF to its allottees on an annual basis, and there are
310,000 units of CBT Project water that are contracted by various irrigation, municipal, and industrial
users on the east side of the continental divide. Annually, Northern Water determines the CBT
“quota,” which is the percentage of the maximum allotment unit-holders can expect to receive that
year. If the full 310,000 AF of yield is expected, that corresponds to a 100 percent quota and each
stakeholder will receive 1 AF per unit of CBT Project Water. If the quota is 60 percent, only 186,000
AF of yield is expected, and stakeholders will receive 0.6 AF per unit of CBT Project Water.
When the CBT Project was first realized, irrigators made up the vast majority of the stakeholders.
For this reason, the annual quota was determined in April so that the yield was as certain as possible
for the upcoming irrigation season. With more and more municipal and industrial entities obtaining
units of CBT Project Water, in 2002 Northern Water saw fit to issue a conservative initial quota in
November that would allow non-irrigation season users to better predict their CBT yield for the year.
If additional water is to become available after the initial quota, a supplemental quota is offer ed in
April, and if the quota requires further adjustment, an additional supplemental quota can be applied
after that as well. For example, in 2008 the November quota was 60%, the April quota was 10%, and
there was another supplemental quota in July for 10%, making for a total yearly quota of 80%.
Based on the Town’s ownership of 1,217 units of CBT Project Water, this ownership could
theoretically amount to 1,217 AF/yr but a 100% yearly quota has only occurred 10 times dating back
to the beginning of the project in 1957. The average quota over the lifetime of the project has been
74% and the lowest quota was 50% and occurred in 1983, 1990, 1996, 1998 and 2003. Based on this
information, it would be reasonable to expect the Town’s interest in CBT Project Water to be worth
between 608.5-1,217 AF/yr.
CBT Project Water is considered one-time use water. Return flows resulting from the one-time use of
this supply cannot be captured for re-use by the town. A summary of the pros, cons, annual yield, and
location of delivery of the CBT Project Water is presented in Table 6.
Town of Estes Park Page 12
Comprehensive Water Master Plan
Table 6. 1,217 CBT Project Units Summary of Key Information
Pros Cons
Senior water rights.
Low cost.
Excess water can be rented and/ or transferred.
System already in place for direct delivery to
MLWTP.
Annual yield is variable.
Single use water.
Based on current infrastructure, location
of delivery limited to MLWTP.
ANNUAL YIELD: 608.5 – 1,217 AF/year (Nov 1 – Oct 31)
LOCATION OF DELIVERY: Currently delivered and measured at Mary’s Lake Powerplant Gatehouse
2.3. Windy Gap Project Allotment
The Town was one of the original participants in the Windy Gap Project, and currently possesses 3
units with a maximum yield of 300 AF. The Windy Gap Project consists of a diversion dam on the
Colorado River, a 445 AF reservoir, pumping plant, and six-mile pipeline to Lake Granby. Windy
Gap water is stored in Lake Granby before it is delivered to water users via the CBT distribution
system. The Division 5 water rights associated with the Windy Gap project are listed below in Table
7.
Table 7. Division 5 Windy Gap Project Water Rights
Decree Structure Source Appropriation
Date Amount
CA1768 Windy Gap Pump PL Canal Colorado River 6/22/1967 300 cfs
(conditional)
W-4001 Windy Gap Pump PL Canal Colorado River 7/9/1976 100 cfs
(conditional)
80CW108 Windy Gap Pump PL Canal Colorado River 4/30/1980 200 cfs
(conditional
89CW0298 Windy Gap Pump PL Canal Colorado River -- 600 cfs
(absolute)
CA1768 Windy Gap Reservoir Colorado River 6/22/1967 1,546.14 AF
(conditional)
88CW169 Windy Gap Reservoir Colorado River -- 445.00 AF
(absolute)
The Windy Gap Project was designed to deliver an average of 48,000 AF/yr to participants, but if
Lake Granby is full, Windy Gap water is the first to spill from the reservoir. This can lead to Windy
Gap supplies being unreliable during wet years or any other time when Lake Granby is approaching
full capacity. The existing Windy Gap Reservoir was not intended for water storage, but acts as a
forebay for water before it is pumped to Lake Granby. The permits and legal decrees for the project
permit it to divert a maximum of 90,000 AF/yr, and Northern Water is attempting to firm up Windy
Gap supplies with the proposed Windy Gap Firming Project, which would include the proposed
90,000 AF Chimney Hollow Reservoir that is exclusively for storing Windy Gap Project water.
There are a total of 480 units of Windy Gap water. Each unit corresponds to 100 AF of potential
yield. The Town owns 3 units, or 300 AF maximum yield, of the total. At the present time, the
supply of Windy Gap is not firm. The Town’s interest in Windy Gap is presently worth 300 AF on an
annual basis. Until Chimney Hollow Reservoir is built there is potential a potential reduction in the
300 AF.
Town of Estes Park Page 13
Comprehensive Water Master Plan
Windy Gap water is considered reusable. Provided the Town can maintain dominion and control of
return flows, those return flows can be utilized by the Town for other decreed uses. The return flows
are at the two sewer district plant discharges. A summary of the pros, cons, annual yield, and location
of delivery of the Windy Gap water is presented in Table 8.
Table 8. 3 Units Windy Gap Summary of Key Information
Pros Cons
Senior water rights.
Fully consumable source.
Excess water can be rented and/ or transferred.
System already in place for direct delivery to
MLWTP.
Annual yield is variable.
Based on current infrastructure, location
of delivery limited to MLWTP.
High cost.
ANNUAL YIELD: 0* – 300 AF/year (Nov 1 – Oct 31)
* When the carriage contract for Integrated Operations is finalized, the firm yield of the Windy Gap source of water
will increase to approximately 150 AF/YR.
LOCATION OF DELIVERY: Currently delivered and measured at Mary’s Lake Powerplant Gatehouse
2.4. Glacier Creek Pipeline Direct Flow Right
A water right for the Glacier Creek Pipeline was adjudicated on November 14, 1939 in Civil Action
No. 10077. Water rights for Estes Park Town Company Pipeline and Estes Park Water Company
Pipeline Extension were also decreed in this general adjudication.
In CA 10077, the Town of Estes Park was awarded a conditional water right for the Glacier Creek
Pipeline in the amount of 2 cfs for domestic and irrigation purposes. The appropriation date for the
Glacier Creek Pipeline water right is May 20, 1925. It is our understanding that the Glacier Creek
Pipeline conditional water right was made absolute on April 15, 1942. A summary of the decree
information for the Glacier Creek Pipeline direct flow water right is presented in Table 8.
Relative to other water rights in the South Platte Basin, the water right for Glacier Creek Pipeline is
relatively junior. To maximize the use of this water right as a source of water for the Town of Estes
Park, the Glacier Creek Pipeline water right was included in the Town of Estes Park Augmentation
Plan, decreed in Case 97CW0126. The details of this augmentation plan are described in further
detail below.
2.5. Estes Park Cascade Diversion Direct Flow Right
Case No. 90CW206 appropriated an absolute water right for the Estes Park Cascade Diversion
priority, as well as a 3.45 cfs conditional water right for an enlargement. Diligence for the 3.45 cfs
conditional water right was established in Case No. 98CW244. No diligence was filed subsequent to
Case No. 98CW244 and it is our understanding that this conditional water right has been abandoned.
The source of water for the Estes Park Cascade Diversion is Fall River. The absolute water right in
the amount of 1.55 cfs has an adjudication date of December 31, 1990 and an appropriation date of
December 31, 1959. The decreed uses for the Estes Park Cascade Diversion water right are all
municipal uses, including irrigation of golf courses and parks and other lands served by the Town’s
municipal water system, firefighting, domestic, commercial, industrial and piscatorial. A summary of
the decree information for the Estes Park Cascade Diversion direct flow water right is presented in
Table 8.
Town of Estes Park Page 14
Comprehensive Water Master Plan
Relative to other water rights in the South Platte Basin, the water right for Estes Park Cascade
Diversion is very junior. The Estes Park Cascade Diversion is included as an “exchange to point” in
the Town of Estes Park Augmentation Plan, decreed in Case 97CW0126. The details of this
augmentation plan are described in further detail below. Based on our review of the publically
available information related to Estes Park Cascade Diversion, it does not appear that an alternate
point of diversion has been decreed for this water right.
2.6. Estes Park Town Company Pipeline and Estes Park Water Company Pipeline Extension
Direct Flow Rights
The Estes Park Town Company Pipeline was originally decreed for irrigation and domestic use in the
amount of 2.00 cfs in Civil Action No. 10077; having an adjudication date of November 14, 1939 and
an appropriation date of September 25, 1905. The source of water for the original adjudication of the
Estes Park Town Company Pipeline was Black Canyon Creek, a tributary of the Big Thompson
River.
The Estes Park Water Company Pipeline Extension was originally decreed for irrigation and domestic
use in the amount of 1.73 cfs in Civil Action No. 10077; having an adjudication date of November 14,
1939 and an appropriation date of November 9, 1911. The source of water for the original
adjudication of the Estes Park Town Company Pipeline was Black Canyon Creek, a tributary of the
Big Thompson River.
A summary of the original decree information for Estes Park Town Company Pipeline and Estes Park
Water Company Pipeline Extension direct flow water rights is presented in Table 9.
The Town of Estes Park Augmentation Plan, decreed in Case 97CW0126, included a change of water
rights for the Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline
Extension water rights. The changes decreed for these water rights in Case 97CW0126 included a
change in point of diversion to the Glacier Creek Pipeline on Glacier Creek and a reduction in the
total amount of diversion under the two rights to be limited to 2.00 cfs. The use of these water rights
in the Town of Estes Park Augmentation Plan is further described below.
Table 9. Decree Information for Park Direct Flow Water Rights
Name WDID Source Adjudication
Date
Appropriation
Date Decreed Use Amount
Glacier
Creek
Pipeline
0400648 Glacier
Creek 11/14/1939 5/20/1925 Domestic, Irrigation 2.0 cfs
Estes Park
Cascade
Diversion
0400700 Fall
River 12/31/1959 12/31/1959
“Municipal purposes,
including irrigation of
golf courses and parks
and other lands served
by the Town’s
municipal water
system, firefighting,
domestic, commercial,
industrial and
piscatorial”.
1.55 cfs
Estes Park
Town 0400564
Black
Canyon
Creek
11/14/1939 9/25/1905
Domestic, irrigation,
and “manufacturing and
mechanical uses
2.0 cfsa/
Town of Estes Park Page 15
Comprehensive Water Master Plan
Name WDID Source Adjudication
Date
Appropriation
Date Decreed Use Amount
Company
Pipeline
ordinarily made of a
municipal water
supply”
Estes Park
Water
Company
Pipeline
Extension
0400661
Black
Canyon
Creek
11/14/1939 11/9/1911
Domestic, irrigation,
and “manufacturing and
mechanical uses
ordinarily made of a
municipal water
supply”
1.73 cfsa/
a/ Per Case No. 97CW0126, the total diversion amount under these two rights is limited to 2.00 cfs.
3. AUGMENTATION PLAN - CASE NO. 97CW0126
The direct flow water rights owned by the Town of Estes Park are junior relative to downstream water
rights on the South Platte River. As such, these water rights alone do not provide a reliable municipal
supply. In 1997, the Town of Estes Park filed an application in Water Court for an augmentation plan that
would allow the Town to continue taking delivery of its direct flow water rights even when being curtailed
by downstream senior water rights in Division 1.
The Town of Estes Park Augmentation Plan, decreed in Case No. 97CW0126, allows for three separate
claims. Together, these three claims allow for the Town to divert native water out -of-priority for municipal
use and replace any depletions so that downstream water rights are not injured. The three components
included in Case No. 97CW0126 are:
A change of water rights for Estes Park Town Company Pipeline and the Estes Park Water
Company Pipeline Extension,
A plan for augmentation, and
A conditional right of substitution and exchange.
The water district identifier used by the State Engineer’s Office to track the Town of Estes Park
Augmentation Plan is 0407000.
As described above, the change of water rights for Estes Park Town Company Pipeline and the Estes Park
Water Company Pipeline Extension included a change in point of diversion to the Glacier Creek Pipeline
on Glacier Creek and a reduction in the total amount of diversion under the two rights to be limited to 2.00
cfs. The decree in Case No. 97CW0126 includes a number of terms and conditions relating to this change
of water right, including but not limited to:
The total amount of diversion of the water rights will not exceed 2.00 cfs,
The in-priority diversion of the two water rights will be made exclusively at the Glacier Creek point
of diversion and not at the original points of diversion, and
Diversion of the water rights at the Glacier Creek point of diversion is to be limited to the amount
of water physically available in priority at the original points of diversion.
The plan for augmentation decreed in Case No. 97CW0126 is the crux of the Town’s municipal water
supply operations; the plan allows for diversions of native water through the Town’s water system at times
Town of Estes Park Page 16
Comprehensive Water Master Plan
when those diversions would otherwise be out of priority. The source of augmentation water for the Town’s
Augmentation Plan is the Town’s Windy Gap Project water. There are some specific aspects of the
augmentation plan worth noting:
When the direct flow water rights are diverted out-of-priority, the amount of water the Town must
replace is calculated as the product of the out-of-priority diversion and the monthly depletion factor
shown in Table 9.
Table 10. Depletion Factors Decreed in the Town's Augmentation Plan
Month Depletion Factor Month Depletion Factor
Jan 6% Jul 13%
Feb 6% Aug 11%
Mar 6% Sep 10%
Apr 7% Oct 8%
May 12% Nov 6%
Jun 17% Dec 6%
When diverting out-of-priority, the Town is required to maintain accounting showing the daily
diversion and replacement requirements. At the end of each month the Town is to transfer an
amount of Windy Gap water equal to the out-of-priority depletion for the past month. However,
during the period of June 1st through September 30th of each year, at the request of the Water
Commissioner, the Town shall transfer the amount of Windy Gap water equal to the daily out-of-
priority depletion on a daily basis.
On average, the depletion factor for the Town’s replacement requirement is 9%; meaning, for every
1 AF diverted out-of-priority, the Town must use 0.09 AF of Windy Gap water to satisfy the
replacement requirements. Applying the same logic, an allocation of 200 AF of Windy Gap water
would allow for the out-of-priority diversion of approximately 2,222 AF.
Whenever the calling water right is decreed to the Foothills Conduit, the Town must provide
replacement water from sources that deliver to the Big Thompson River upstream of the diversion
point for the Foothills Conduit;
The third component of Case No. 97CW0126 is the exchange. The exchange exists so that Windy Gap
Project water delivered at either of the two points described above can be exchanged for diversions taking
place at the Town’s intakes. The exchange was decreed as a conditional water right at a maximum rate of
6.2 cfs with an appropriation date of March 31, 1997. The exchange from points include the Estes Park
Sanitation District Wastewater Treatment Plant outfall and the Upper Thompson Sanitation District outfall.
The exchange to points are the Estes Water Park Systems Intakes (any of the diversion points identified
above).
4. TOWN LEASES TO OTHER WATER USERS
In considering the supply of water that the Town of Estes Park has available to meet its municipal demand
it is important to consider the commitments that the Town has made to supply water to other entities. The
Town currently leases a portion of its water supplies to other water users. Because the source of supply for
these commitments is Windy Gap water, and Windy Gap water is fully consumable, these leases can be
satisfied by direct delivery of Windy Gap water or second use of the Windy Gap supply. Second use of the
Windy Gap supply is the return flow component of Windy Gap water delivered through the Town’s
municipal water supply system. A summary of these leases is provided below in Table 11.
Town of Estes Park Page 17
Comprehensive Water Master Plan
Table 11. Town Leases of Water Supplies to Other Users
Entity Source Amount Expiration Date Terms
Cheley Colorado
Camps, Inc. Windy Gap
Project 8 AF December 31, 2032
Released monthly from Lake
Estes or by exchange at MLWTP
May - Oct
Continental Water
Bank, Inc. Windy Gap
Project 8 AF September 27,
2025
Released by exchange in May
Requires coordination w/
NCWCD
Glacier View
Water System,
Inc.
Windy Gap
Project 1 AF December 2, 2023
Released by exchange in May
Requires coordination w/
NCWCD
Mary’s Lake
Campground Well Windy Gap
Project 1 AF September 27,
2031
Released monthly from Lake
Estes or by exchange at MLWTP
May – Oct
5. HISTORY OF WATER USE
For the purpose of administering the Town’s augmentation plan in Case 97CW0126, an accounting form
was prepared. Among other things, this accounting form tracks the amount of water delivered to the water
treatment plants for treatment and the amount of Bureau Water, Windy Gap water, and CBT water used by
the Town.
Table 11 and Figure 2 below present the annual amount of water delivered for treatment at the two water
treatment plants in the Town of Estes Park, MLWTP and GCWTP. The ramp up between 2004 and 2006
is likely the delayed response of water demand increasing following the 2002 drought. Since 2006, the
demand for water and therefore the amount of water delivered to the Town’s treatment plants has ranged
from 1,500 AF/year to 1,646 AF/year.
Table 12. Delivery of Water to MLWTP and GCWTP
Irrigation
Year
Water Delivered to
MLWTP
(AF)
Water Delivered to
GCWTP
(AF)
Total Water Delivered
to WTPs
(AF)
2004 749.3 706.5 1,455.8
2005 592.4 992.7 1,585.1
2006 653.4 1,015.6 1,669.0
2007 617.9 1,031.5 1,649.4
2008 626.0 992.9 1,618.9
2009 235.1 1,272.7 1,507.8
2010 816.3 792.3 1,608.6
2011 1,130.4 493.1 1,623.6
2012 649.2 996.8 1,646.0
2013 806.6 772.9 1,579.5
2014 802.7 830.7 1,633.4
Town of Estes Park Page 18
Comprehensive Water Master Plan
Figure 2. Estes Park Annual WTP Delivery
Table 13 and Figure 3 below present the annual use of Bureau Water, Windy Gap water, and CBT sources.
With the exception of 2009, when the MLWTP was offline for construction, the Town relies upon the
Bureau Water as the main source of supply at MLWTP
Table 13. Annual Use of Bureau Water, Windy Gap Water, and CBT Water
Irrigation
Year
Bureau Water
(AF)
Windy Gap Water
(AF)
CBT Sources
(AF)
Sum of Bureau Water,
Windy Gap, and CBT
(AF)
2004 500.2 90.7 159.9 750.8
2005 488.0 108.1 22.4 618.5
2006 500.1 163.9 38.0 702.0
2007 500.0 123.2 22.1 645.3
2008 500.3 126.4 27.5 654.2
2009 162.2 128.2 0.0 290.4
2010 500.1 92.4 223.1 815.6
2011 499.1 30.9 549.7 1,079.6
2012 500.0 84.3 104.0 688.3
2013 499.8 90.8 254.4 845.0
2014 499.9 69.4 232.9 802.3
Average 468.2 100.8 148.5 717.5
Town of Estes Park Page 19
Comprehensive Water Master Plan
Figure 3. Annual Use of Bureau Water, Windy Gap Water, and CBT Water
As described above, in an average year the Bureau Water, Windy Gap water, and CBT water could yield
approximately 1,552 AF (assumes 500 AF for Bureau Water, 200 AF for Windy Gap, and 852 AF for CBT
supply). This number represents the average annual amount of water that could be available for treatment
at MLWTP. Between 2004 and 2013, the average annual amount of water treated at the MLWTP was 717.5
AF/year. Based on the average annual supply of the Bureau Water, Windy Gap water, and CBT water,
there could be as much as an additional 835 AF or water available for treatment at MLWTP. This analysis
does not consider the treatment capacity of MLWTP or available capacity in the distribution system served
by MLWTP.
6. CONSIDERATIONS FOR FUTURE USE
To address future water demands in Estes Valley, the Town is considering construction of a new point of
delivery off the Big Thompson River. The purposes of the new point of delivery would be to provide
redundancy in the system and allow for sources traditionally treated at GCWTP to be able to be treated at
MLWTP, and vis-versa, for sources traditionally treated at MLWTP to be able to be treated at GCWTP.
Based on our review of the Town’s water rights, the following is a list of items that should be further
considered as part of the investigation into this change.
According to the November 23, 1994 Amendatory Contract, it appears that the Bureau Water is to
be delivered and measured at either the Estes Powerplant penstocks or the Mary’s Lake
Powerplant Gatehouse. Other than delivering and measuring at either of these points, there do
not appear to be any limits on the place of treatment for the water. It is our recommendation that
the Town obtain a legal opinion as to if the Bureau Water can be treated at GCWTP if it is first
measured at one of the two delivery points.
If Bureau Water can be treated at GCWTP, two mechanisms to get the water to a new point of
delivery would be exchange or trade. Based on our review of the decree entered in Case
97CW0126, it is not clear if the Bureau Water or the CBT water can be used in the exchange
decreed in 97CW0126. If these sources of water cannot be used in the existing exchange, a new
water court case could be filed that would allow for the exchange of Bureau Water and CBT
water up to the Glacier Creek pipeline diversion or a new point of diversion off Big Thompson
Town of Estes Park Page 20
Comprehensive Water Master Plan
River. In the alternative, the Town, in connection with NCWCD, may be able to structure a trade
whereby NCWCD would make water available to the Town in Glacier Creek or Big Thompson
Creek upstream of the future point of diversion and the Town would then make water available to
NCWCD in Lake Estes. Provided NCWCD has a source of water it can reliably make available
to the Town upstream of the Town’s point of diversion, such a trade may be able to operate
without a water court proceeding.
The locations of the new points of delivery off the Big Thompson River currently being
considered are within the exchange reach conditionally decreed in Case 97CW0126. In
reviewing the final decree in this case, it is not clear if water can be diverted be exchange at point
that is in between the decreed exchange-to and exchange-from point. It is our recommendation
that the Town obtain a legal opinion on this matter.
Based on our review of the final decree in Case 97CW0126, it appears that the exchange utilized
by the Town was decreed as conditional and never made absolute. Based on accounting reviewed
in support of this analysis, it appears that the exchange has been operating since at least 2009. It
is our recommendation that the Town obtain a legal opinion as to the status of the exchange.
Prior to filing any water court application for a new alternate point of diversion for the Town’s
existing portfolio of water rights, a legal opinion should be obtained concerning the potential for
re-quantification of the water rights and the impact such re-quantification could have on the
Town’s existing decreed augmentation plan.
Town of Estes Park Page 21
Comprehensive Water Master Plan
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TOWN CLERK’S OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: August 8, 2023
RE: Appointments to the Estes Park Planning Commission of David Shirk for a
term expiring March 31, 2024, and Charles Cooper for a term beginning
August 16, 2023 and expiring March 31, 2028.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment
QUASI-JUDICIAL YES NO
Objective:
To consider the appointments recommended by the interview committee for the Estes
Park Planning Commission.
Present Situation:
The Town Clerk’s Office advertised for the vacant positions on the Estes Park Planning
Commission. Three applications were received and the interview committee, consisting
of Trustees Hazelton and MacAlpine, conducted interviews on July 24, 2023.
Proposal:
The interview committee recommends the appointment of David Shirk to complete the
term of Joe Elkins expiring March 31, 2024, and the appointment of Charles Cooper to
complete the term of Howard Hanson beginning August 16, 2023 and expiring March
31, 2028.
David worked as a Planner for the Town of Estes Park from 2000 to 2015 and is
currently an Adjunct Professor in Sustainable Planning and Urban Design at the
University of Colorado. He was a member of the Estes Park Comprehensive Plan
Advisory Committee.
Charles is a retired Health Care Administrator with a Pharmacy background, working on
non-profit health systems. He was also a member of the Estes Park Comprehensive
Plan Advisory Committee.
Advantages:
Filling the positions would complete the five-member commission.
Disadvantages:
If the appointments are not made, the positions would remain vacant until additional
applications are received, and interviews conducted.
Action Recommended:
Appoint David Shirk to a term expiring March 31, 2024 and Charles Cooper to a term
beginning August 16, 2023 and expiring March 31, 2028.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointments to the Estes Park Planning Commission of
David Shirk for a term expiring March 31, 2024, and Charles Cooper for a term
beginning August 16, 2023 and expiring March 31, 2028.
Attachments:
None.
RESOLUTION 69-23
SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT LIQUOR
LICENSE APPLICATION FOR TWISTED GRIFFIN PUB & RESTAURANT DBA TWISTED
GRIFFIN PUB & RESTAURANT
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New HOTEL & RESTAURANT Liquor
License, filed by TWISTED GRIFFIN PUB & RESTAURANT DBA TWISTED GRIFFIN
PUB & RESTAURANT, 247 W. Elkhorn Avenue, Estes Park, Colorado, is July 21, 2023.
It is hereby ordered that a public hearing on said application shall be held in the
Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, August 22,
2023, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said
application and hearing shall be the area included within a radius of 3.25 miles, as
measured from the center of the applicant's property.
DATED this day of , 2023
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM
Town Attorney
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Dave Hayes, Police Chief
Date: August 8, 2023
RE: Resolution 70-23: Approving the Fifth Amended Intergovernmental
Agreement for the Establishment of the Larimer Emergency Telephone
Authority
(Mark all that apply)
☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☒CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES ☒ NO
Objective:
The Town of Estes Park (EP) and the Larimer Emergency Telephone Authority
(LETA) desire to amend the Fourth Amended Intergovernmental Agreement of the
Larimer Emergency Telephone Authority.
This Amendment will allow LETA’s jurisdiction to include Jackson County on the
terms and conditions set forth in the proposed Fifth Amended IGA and to add
Jackson County as a thirty-first signatory to LETA’s IGA.
Present Situation:
Jackson County currently has their own emergency telephone authority and would like
to join LETA for Operational and mutual-aid reasons. Jackson County is a county
adjacent to Larimer County.
Proposal:
To enter into this agreement.
Advantages:
This Fourth Amended Agreement expands LETA’s jurisdiction to include Jackson
County on the terms and conditions set further in the proposed Fifth Amended IGA.
And to provide on-going mutual aid.
Disadvantages:
Currently, no negatives.
Action Recommended:
Staff recommends approval of Resolution 70-23.
Finance/Resource Impact:
No impacts
Level of Public Interest
Staff believes that this topic is of moderate interest to the members of the community.
Motion:
I move to approve Resolution 70-23.
Attachments:
1. Resolution 70-23
2.Fifth Amended Intergovernmental Agreement of Larimer Emergency Telephone
Authority
RESOLUTION 70-23
A RESOLUTION APPROVING THE FIFTH AMENDED INTERGOVERNMENTAL
AGREEMENT FOR THE ESTABLISHMENT OF THE LARIMER EMERGENCY
TELEPHONE AUTHORITY
WHEREAS, the Town of Estes Park is one of thirty signatories to the Fourth
Amended Intergovernmental Agreement (“IGA”) of the Larimer Emergency Telephone
Authority (“LETA”) establishing LETA as a separate legal entity for the purpose of
providing emergency telephone service and emergency notification service;
WHEREAS, the Fourth Amended IGA of LETA states that the IGA may be
amended upon an affirmative vote of three-quarters (3/4) of the signatories; and
WHEREAS, the Board of Trustees desires to amend the Fourth Amended IGA of
LETA to expand LETA’s jurisdiction to include Jackson County and to add Jackson
County as a signatory to the IGA.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the amended
intergovernmental agreement referenced in the title of this resolution in substantially the
form now before the Board.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
1
FIFTH AMENDED INTERGOVERNMENTAL AGREEMENT
FOR THE ESTABLISHMENT OF
LARIMER EMERGENCY TELEPHONE AUTHORITY
This Fifth Amended Intergovernmental Agreement (“ Agreement”) is entered into effective
November 1, 2023, by and between the following political subdivisions and public entities of the
State of Colorado, which are referred to herein collectively as “Parties” and are referred to herein
individually by name or as “Party.”
Counties (2) /Cities (2) /Towns (6)
County of Larimer
County of Jackson
City of Fort Collins
City of Loveland
Town of Berthoud
Town of Estes Park
Town of Johnstown
Town of Timnath
Town of Wellington
Town of Windsor
Hospital/Health Services Districts (3)
Health District of Northern Larimer
County
Park Hospital District
Thompson Valley Health Services
District
State (1)
Colorado State University
Fire Authorities (2)
Loveland Fire Rescue Authority
Poudre Fire Authority
Fire Protection Districts (15)
Allenspark Fire Protection District
Berthoud Fire Protection District
Crystal Lakes Fire Protection District
Estes Valley Fire Protection District
Front Range Fire Rescue Fire Protection District
f/k/a Johnstown Fire Protection District)
Glacier View Fire Protection District
Livermore Fire Protection District
Loveland Rural Fire Protection District
Lyons Fire Protection District
Pinewood Springs Fire Protection District
Poudre Canyon Fire Protection District
Poudre Valley Fire Protection District
Red Feather Lakes Fire Protection District
Wellington Fire Protection District
Windsor-Severance Fire Protection District
WHEREAS, on or about November 14, 1990, multiple political subdivisions entered into
an “Intergovernmental Agreement concerning the implementation of an E-911 Emergency
Telephone Service” (“the IGA”) to form a separate legal entity to serve as a governing body to
provide emergency telephone service and to establish, collect, and disperse the emergency
telephone charge in Larimer County, and they named the new entity Larimer Emergency
Telephone Authority (“LETA”);
WHEREAS, the IGA was thereafter amended four times effective July 7, 1999, April 5,
2002, July 21, 2009, and November 1, 2021, with the November 1, 2021 amendment being
known as the “Fourth Amended IGA”;
WHEREAS, in Larimer County, there are also three volunteer fire departments organized
as nonprofit corporations under Colorado law, which are not signatories to the IGA: Glen Haven
Area Volunteer Fire Department, Rist Canyon Volunteer Fire Department, and Volunteer Fire
Department of Big Elk.
ATTACHMENT 2
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WHEREAS, in April of 2023, the Jackson County Sheriff’s Office reached out to LETA
for advice and counsel on matters related to emergency telephone service and emergency
notification service within Jackson County, Colorado;
WHEREAS, after some initial exploratory conversations and subsequent due diligence,
the Jackson County Board of County Commissioners made a formal request that LETA’s
jurisdiction be expanded to include Jackson County and that Jackson County become an
additional signatory to LETA’s IGA;
WHEREAS, subject to an affirmative vote of three-quarters (3/4) of the thirty (30)
signatories to the Fourth Amended IGA, the Parties desire to update the IGA, as amended, to
reflect the expansion of LETA’s jurisdiction to include Jackson County and the addition of
Jackson County as a signatory to LETA’s IGA;
WHEREAS, the Parties are authorized by Colorado statute (Title 29, Article 11, Part 1) to
enter into a contract to establish a separate legal entity that serves as a governing body for the
purpose of providing emergency telephone service and to establish and collect an emergency
telephone charge in the jurisdiction;
WHEREAS, the Colorado Constitution (Article XIV, Section 18) and Colorado statutes
Title 29, Article 1, Part 2) permit and encourage governments to make the most efficient and
effective use of their powers and responsibilities by cooperating and contracting with each other;
and
WHEREAS, C.R.S. § 29-1-203 authorizes government, as defined in C.R.S. § 29-1-202,
to cooperate or contract with one another to provide any function, service, or facility lawfully
authorized to each of the cooperating or contracting units if:
1.such cooperation or contracts are authorized by each party thereto with the approval of
its legislative body or other authority having the power to so approve; and
2.any such contract shall set forth fully the purposes, powers, rights, obligations, and the
responsibilities, financial and otherwise, of the contracting parties and may provide for
the joint exercise of the function, service, or facility, including the establishment of a
separate legal entity to do so.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the Parties agree as follows:
I. PREAMBLE
The Parties agree that the recitals set forth above are true and correct and those recitals are
hereby incorporated into the body of this Agreement.
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II. SUPERSEDING PRIOR AGREEMENTS
The Parties agree that this Agreement shall supersede the IGA dated November 14, 1990,
the amendments thereto dated July 7, 1999, April 5, 2002, July 29, 2009, and the Fourth Amended
IGA.
III. DEFINITIONS
As used herein:
A.The definitions for the following terms shall be the same as set forth in C.R.S. § 29-11-
101, as may be amended: “emergency telephone charge,” “911 access connection,” “911 call,”
911 surcharge,” “emergency notification service” “emergency service provider,” “public
agency,” “public safety answering point” (“PSAP”), which is interchangeable with emergency
communications center (“ECC”), “service supplier,” and “service user.”
B. “Agreement” means this Fifth Amended Intergovernmental Agreement for the
Establishment of Larimer Emergency Telephone Authority;
C.“Board” means the Board of Directors described in Section V in which the powers of the
Governing Body are vested.
D.“Bylaws” means the bylaws of the Governing Body as described in Section V(7).
E.“Emergency telephone service” means the receipt and processing of 911 calls by the PSAP
for the purpose of providing responses from emergency service providers, and may include
providing 911 call-related applications, services, programs, and systems.
F. “Governing Body” means Larimer Emergency Telephone Authority, per the definition set
forth in C.R.S. § 29-11-101(16), as may be amended.
G.“Governing Body's jurisdiction” means within the combined geographic boundaries of
Larimer County and Jackson County, per the definition set forth in C.R.S. § 29-11-101(17), as
may be amended. The Governing Body's jurisdiction differs from the Governing Body’s
emergency telephone service area.
H.“Governing Body’s emergency telephone service area” means the collective boundaries of
the emergency service providers that are used by the PSAPs for call routing and emergency
response.
I.“Parties” means the signatories hereto, but, in the future, will not include any Party after
the effective date of such Party’s withdrawal in accordance with Section X, and will include any
new signatory admitted to this Agreement by the Board in accordance with Section VI(2)(q).
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J.“Proportional basis” as used in Section X(3) means a percentage determined by the
following formula: the number of 911 access connections within each boundary of the Identified
Political Subdivisions divided by the total number of 911 access connections in Larimer County.
The Board shall determine the data to use for this calculation based on the Board’s determination
of the most reliable source(s) and representative timeframes. For the purpose of this definition
only: (1) “Identified Political Subdivisions” means Larimer County and each city and town that is
a Party, and excludes Jackson County, and (2) the boundary of Larimer County means within the
unincorporated areas of the County. If, at the time of the calculation, Larimer County, a city, or a
town is not a Party, then the Board shall establish the formula to allocate its percentage among the
Identified Political Subdivisions who are Parties.
IV. ESTABLISHMENT OF
LARIMER EMERGENCY TELEPHONE AUTHORITY
The Parties establish the separate legal entity and Governing Body known as Larimer
Emergency Telephone Authority (“LETA”). The Governing Body may have also been referred to
in prior intergovernmental agreements as the Larimer County Emergency Telephone Authority,
which is hereby corrected. The Governing Body is created as a nonprofit, public entity established
pursuant to C.R.S. §§ 29-1-203 and 29-11-102(1)(b), as may be amended. The Parties intend that
the Governing Body be formed under the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101 through 120, as may be amended, and meet the Act’s definition of a “public entity.” The
Parties further intend that the Governing Body meet the definition of a “nonprofit organization”
under C.R.S. § 13-21-115.5, as may be amended (the Volunteer Service Act), C.R.S. § 13-21-
115.7, as amended, and C.R.S. § 13-21-116, as may be amended.
The Governing Body is an independent legal entity, separate and distinct from the Parties.
No debt, liability, or obligation of the Governing Body shall extend to or be an obligation of a
Party, unless agreed to in writing.
The Governing Body is responsible for the installation, administration, management,
operation, maintenance, upgrade, and enhancement of emergency telephone service and
emergency notification service in the Governing Body’s jurisdiction. The Parties will provide
reasonable assistance and cooperation to the Governing Body as it carries out the functions,
services, and facilities described in this Agreement for the Parties.
The Parties believe that governing bodies created pursuant to Part 1 of Title 29, Article 11,
including the Governing Body, are not subject to the revenue and spending limitations imposed by
Article X, Section 20 of the Colorado Constitution ("Amendment 1"), and, to the extent that
Amendment 1 may be deemed to apply to governing bodies, the Governing Body created hereby
shall operate as an enterprise within the meaning of Amendment 1 and shall thereby be exempt
from all revenue and spending limitations imposed by said Amendment.
The Governing Body is formed in conformity with C.R.S. § 29-1-203.5. The provisions of
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C.R.S. § 29-1-203.5 apply to the Governing Body.
A Party whose boundaries include portions of Larimer County and another county may be
signatories on another intergovernmental agreement related to emergency telephone service and
emergency notification service in such other county.
V. THE BOARD OF DIRECTORS
1.Board. The business and affairs of the Governing Body shall be managed by a Board of
Directors consisting of eight (8) directors, each serving without compensation. The Board shall
have the power to perform all acts necessary, to fulfill the purposes for which the Governing Body
was established, whether express or implied.
2.Qualifications of Directors. Each director shall be either (a) a resident of Larimer County,
or (b) an elected official in or full-time employee of a Party with an established scope of
responsibility and delegated authority to make and implement policy-making or management-level
decisions for the Party.
3.Appointment to the Board. Each director shall be appointed as follows:
a.The Larimer County Board of County Commissioners shall choose one (1)
individual who meets the qualifications to serve as the director to represent Larimer County. The
Larimer County Board of County Commissioners may determine the method for appointment from
time to time and shall give to the Governing Body notice of any change in its method for
appointment.
b.The Jackson County Board of County Commissioners appoints the Jackson County
Sheriff, or the Sheriff’s designee who meets the qualifications to serve as the director, to represent
Jackson County.
c.The City of Fort Collins appoints the City Manager or the City Manager’s designee
as its one (1) individual who meets the qualifications to serve as the director to represent the City
of Fort Collins. The City Council of the City of Fort Collins may change its method for
appointment from time to time and shall give to the Governing Body notice of any change in its
method for appointment.
d.The City Council of the City of Loveland shall choose one (1) individual who meets
the qualifications to serve as the director to represent the City of Loveland. The City Council of
the City of Loveland may determine the method for appointment from time to time and shall give
to the Governing Body notice of any change in its method for appointment.
e.The Town of Estes Park appoints the Town Administrator or the Town
Administrator’s designee as its one (1) individual who meets the qualifications to serve as the
director to represent the Town of Estes Park. The Board of Trustees of the Town of Estes Park
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may change its method for appointment from time to time and shall give to the Governing Body
notice of any change in its method for appointment.
f.The Board as then-comprised at the time of the appointment shall solicit nominees,
nominate individually or as a slate, and appoint three (3) additional qualified directors as follows:
1.A director to represent the Parties that are fire districts and fire authorities;
2.A director to represent the Parties that are hospital and health services districts; and
3.A director to represent the Parties that are Colorado State University and towns not
otherwise represented on the Board, with preference given to a Party with a PSAP.
4.Term and Removal. Directors shall serve a term of two (2) calendar years. There is no
prohibition on consecutive terms or on the number of terms. A director may be removed if
permitted by and pursuant to the procedures set forth in the Bylaws.
5.Voting and Quorum. Each director shall have one (1) vote. No proxy voting shall be
permitted. A quorum of the Board shall consist of four (4) directors, except that, should there be
four (4) or more vacancies at any time, then during that time, a quorum shall consist of three (3)
directors. No official action may be taken by the Board on any matter unless a quorum is present.
The affirmative vote of a majority of the Board shall be required for the Board to take action.
6.Vacancy. Any vacancy occurring as a result of a director’s resignation, removal, death,
disqualification, or any other reason shall be filled for the balance of that director’s unfinished
term in accordance with the applicable provision of the appointment process set forth in Section
V(3).
7.Bylaws. The Board has promulgated Bylaws detailing all governance matters it deems
necessary, including but not limited to: the scheduling and conduct of Board meetings, voting,
and director removal; establishment and responsibilities of officer positions, their terms, and the
filling of any vacancies; the establishment and responsibilities of committees; and Governing Body
operating and fiscal procedures. Such Bylaws may be amended by the Board in accordance with
the procedures set forth therein. In the event of a conflict, direct or indirect, between a provision
in the Bylaws and this Agreement, this Agreement shall control.
VI. POWERS OF THE GOVERNING BODY
1.Plenary Powers. The Governing Body may carry out all purposes of this Agreement and
may exercise all powers related thereto, including all incidental, implied, expressed, or such other
powers as necessary, except as expressly limited in this Agreement. The Governing Body shall
not have the power to levy taxes or the power of eminent domain.
2.Enumerated Powers. Without in any way limiting the plenary powers set forth in
subsection (1) above, the Governing Body is specifically authorized to undertake all actions for
the installation, administration, management, operation, maintenance, upgrade, and enhancement
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of emergency telephone service and emergency notification service within the Governing Body's
jurisdiction that the Governing Body believes are necessary and appropriate and consistent with
applicable law, including but not limited to:
a.imposing, collecting, and auditing all charges and surcharges in the Governing
Body’s jurisdiction as set forth in Part 1 of Title 29, Article 11, as may be amended, and expending
such funds as authorized by statute and this Agreement.
b.owning, operating, maintaining, leasing (as Lessor or Lessee), selling, or otherwise
disposing of any legal or equitable interest in real and personal property.
c.adopting budgets, maintaining bank accounts, and investing funds.
d.carrying over funds which have not been used in a given fiscal year to the following
fiscal year.
e.negotiating, entering into, amending (if necessary), and performing contracts.
f.adopting, reviewing, and amending the Bylaws and passing resolutions not in
conflict with this Agreement.
g.adopting, reviewing on an annual basis, and amending (if necessary) the Governing
Body’s intergovernmental agreements other than this Agreement, as well as policies, protocols,
procedures, or rules and regulations (collectively, "Policies") related to the provision of emergency
telephone service and emergency notification service within the Governing Body's jurisdiction on
subjects including but not limited to:
o Human Resources
o cost sharing
o street naming
o pictometry
o geographic information systems (GIS)
o Master Street Address Guide (MSAG)
o 911 Call Flow/Routing
o use of the backup PSAP
o 911 network
o fiber optic cable (leasing and owning)
o customer-premises equipment (CPE) and other equipment
o computer aided dispatch (CAD) system
o Combined Regional Information Systems Project (CRISP)
o insurance for PSAP equipment owned by the Governing Body and located
at a facility owned by a Party
o emergency alert systems (selection and use)
o complex emergency events
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o records retention and compliance with applicable law
o training, accreditation, and certification
o Emergency Medical Dispatch (EMD)
o call boxes
o finances and investments
In the event of a conflict, direct or indirect, between a provision the Policies and this Agreement,
this Agreement shall control.
h.determining who is authorized to send emergency alerts and the circumstances
under which they may be sent.
i.adopting a policy regarding street naming after collaboration with the Parties in
whose jurisdiction the street is located.
j.adopting systems (software, hardware, and protocols) for Emergency Medical
Dispatch (EMD).
k.conducting joint, partnership, cooperative, or other operations with other
individuals and entities.
l.employing agents, accountants, attorneys, engineers, consultants, and other
advisors.
m.incurring and paying debts, liabilities, or obligations, including borrowing and
executing documents incidental thereto.
n.issuing bonds, notes, or other obligations payable from the revenues derived or to
be derived from the revenue of the Governing Body as permitted by applicable law.
o.suing and being sued in its own name.
p.receiving contributions, gifts, bequests, grants, cash, equipment, or services from
the Parties or any other public or private individual or entity.
q.after a formal Resolution of the Board, admitting a new signatory to this Agreement
who becomes a Party without formal amendment of this Agreement, so long as each new signatory
qualifies under C.R.S. §§ 29-1-202 and 203, has the approval of its legislative body or other
authority having the power to so approve, and signs a document memorializing its admission.
r.participating in committees, groups, and organizations at the federal, state, and local
level whose work relates to emergency telephone service and emergency notification service,
including laws, regulations, and rules related thereto.
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s.any other act which the Governing Body believes is reasonably necessary for the
exercise of its powers and the performance of its obligations under this Agreement.
VII. BOOKS AND RECORDS
The Governing Body shall keep accurate and correct books of account on a modified
accrual basis, showing in detail the capital costs, costs of services, installation, maintenance and
operating costs, and the financial transactions of the Governing Body. The Governing Body's
books of account shall also correctly show any and all revenues, fund balances, costs, or charges,
as well as all funds received by and all funds expended by the Governing Body. The Governing
Body's books and records shall be open to inspection during normal business hours upon
reasonable notice by a Party, its attorneys, accountants, or agents. The books and records of the
Governing Body shall also be made available to the public in accordance with the provisions of
Colorado’s Open Records Act, as may be amended.
The Governing Body shall cause an annual audit to be conducted by an independent
Certified Public Accountant licensed to practice in the State of Colorado. The Governing Body
shall comply with the Colorado Local Government Audit Law, C.R.S. § 29-1-601 through 608, as
may be amended. The Governing Body shall comply with all other applicable federal and state
financial reporting requirements.
The Governing Body shall maintain an asset inventory list for any and all real and
personal property acquired by the Governing Body in whole or in part.
On and after the effective date of this Agreement, Jackson County will promptly deliver,
transfer, and assign to the Governing Body:
1.the entire balance of funds it holds for purposes of providing emergency telephone
service and emergency notification service in Jackson County, but no less than
55,000.00;
2.the entire balance of any funds it receives or has received from the state or federal
government or grants for purposes of improving emergency telephone service and
emergency notification service in Jackson County, but no less than $70,000.00;
3.all rights, title, and interest to all charges and surcharges due Jackson County for
emergency telephone service under Colorado statute (Title 29, Article 11, Part 1) and
deliver the same to the Governing Body, and Jackson County will execute all
documents necessary for carriers and the Public Utilities Commission to deliver
directly to the Governing Body all such charges and surcharges in the future; and
4.unencumbered title to any PSAP equipment or other assets owned by Jackson County
that would assist the Governing Body in its administration and/or operation
emergency telephone service and emergency notification service. Jackson County
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shall execute any documents reasonably necessary to effectuate the transfer of title.
Similar to Agreements with the Governing Body’s other PSAPs, Jackson County agrees to
a) insure the Governing Body’s equipment located in a PSAP in Jackson County, and (b) provide
proof of insurance promptly upon the Governing Body’s written request.
The Governing Body will not become a successor to or assignee of any contracts currently
in place for purposes of providing emergency telephone service and emergency notification
service in Jackson County, with the exception of the current tariff in place for the provision of
basic emergency service in Colorado.
VIII. REPORTS TO PARTIES
On an annual basis, the Governing Body shall submit a comprehensive annual report to the
Parties summarizing the activities of the Governing Body during the preceding year and make
available information concerning the finances of the Governing Body.
IX. DURATION OF AGREEMENT
The Agreement and the Governing Body shall have perpetual existence as permitted by
C.R.S. § 29-1-203(1), as may be amended, unless sooner terminated in accordance with this
Agreement.
X. WITHDRAWAL, TERMINATION, AND DISSOLUTION
1.Withdrawal. Any Party may withdraw from this Agreement by providing notice to each
other Party and to the Governing Body. The withdrawal shall not be effective until at least one
calendar year after the last notice is delivered.
2.Termination by Mutual Agreement of the Parties. Upon a three quarters (3/4) majority
vote of all then-Parties, this Agreement shall be terminated and the Governing Body dissolved so
long as, at the time of the vote, at least three quarters (3/4) of the Parties have also agreed in writing
as to one or more entities who will succeed the Governing Body and undertake all actions for the
continued installation, administration, management, operation, maintenance, upgrade, and
enhancement of emergency telephone service and emergency notification service within the
Governing Body's jurisdiction. The effective date of termination shall be December 31st in the
calendar year ending no less than six months after the three quarters (3/4) majority vote for
termination.
3.Dissolution of Governing Body. Upon the termination of this Agreement pursuant to
subsection (2) above, the Board and the Parties shall take such actions necessary to finalize and
conclude the Governing Body's operations, effect the orderly dissolution of the Governing Body,
and transition emergency telephone service and emergency notification service to the entity or
entities who will succeed the Governing Body, at the discretion of the Board. All assets of the
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Governing Body located within Larimer County shall be distributed on a proportional basis
pursuant to Section III(J) either in-kind or after liquidation, at the discretion of the Board, except
for any assets that the Board determines should be distributed to the entity or entities who will
succeed the Governing Body. For purposes of this Agreement, all cash, bank, and investment
accounts of LETA are deemed to be located within Larimer County. All assets of the Governing
Body located within Jackson County shall be distributed to Jackson County either in-kind or after
liquidation, at the discretion of the Board, except for any assets that the Board determines should
be distributed to the entity or entities who will succeed the Governing Body. The Board shall be
responsible for inventorying the assets of the Governing Body, distributing or liquidating any
assets as appropriate, concluding the affairs of the Governing Body, and transitioning emergency
telephone service and emergency notification service to the entity or entities who will succeed the
Governing Body. Subject to the exercise of the Board’s discretion, a Party which has previously
made a contribution toward the purchase of a jointly owned asset may receive full ownership of
the asset upon termination; however, the Party must account to the Governing Body for the amount
that the Governing Body contributed toward purchase of the asset upon distribution of the other
assets of the Governing Body. The Parties’ rights related to distribution of assets shall survive
termination of this Agreement.
XI. LIABILITY OF THE BOARD OF DIRECTORS, OFFICERS,
AND EMPLOYEES OF THE GOVERNING BODY
The Governing Body and its directors, officers, and employees shall be immune from suit
and civil liability as provided by applicable law because the Governing Body is a nonprofit, public
entity and political subdivision of the State of Colorado established pursuant to C.R.S. §§ 29-1-
203 and 29-11-102(1)(b), as amended; the Governing Body is a public entity under the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101 through 120, as amended; and the Governing
Body is a “nonprofit organization” under C.R.S. § 13-21-115.5, as amended (the Volunteer Service
Act), C.R.S. § 13-21-115.7, as amended, and C.R.S. § 13-21-116, as amended.
In addition, the Governing Body shall purchase insurance for the Governing Body and its
Board, officers and employees which insurance will provide reasonable coverage against any
claims, suit or proceeding arising out of or relating to any act or omission under this Agreement.
XII. AMENDMENTS
This Agreement may be amended upon the affirmative vote of three-quarters (3/4) of the
then-Parties to this Agreement.
XIII. NOTICE
Notice to a Party is given by delivering a writing to its current address as listed by the
Department of Local Affairs. The Notice shall be addressed as follows: (a) to the Board of County
Commissioners in the case of Larimer County and Jackson County, (b) to the Board and its Chief
Executive Officer in the case of a special district, a fire authority, or the Governing Body, (c) to
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the City Council in the case of cities, and (d) to the Town Board, Town Council, or Board of
Trustees in the case of Towns. A courtesy copy shall also be delivered to the attorneys for Larimer
County, Jackson County, cities, and towns. Failure to deliver courtesy copies to the attorneys shall
not invalidate a notice otherwise properly delivered as provided in this Agreement. Notice to a
director is given by delivering a writing addressed to the director to the Governing Body’s current
address. Notice shall be effective upon receipt if hand-delivered or three (3) days after mailing if
sent by first-class or certified U.S. mail.
XIV. SEVERABILITY
In the event any provision of this Agreement is determined to be illegal or invalid for any
reason, all other provisions of this Agreement shall remain in full force and effect unless and until
otherwise determined by a Court of competent jurisdiction. The illegality of any provision of this
Agreement shall in no way affect the legality and enforceability of any other provision of this
Agreement.
XV. SUCCESSORS AND THIRD PARTIES
This Agreement shall be binding upon and shall inure to the benefit of the successors of
the Parties. This Agreement is not intended to, and does not, inure to the benefit of non-Parties to
this Agreement.
XVI. ASSIGNMENT AND DELEGATION
No Party shall assign any of the rights nor delegate any of the duties created by this
Agreement without the written approval of three-quarters (3/4) of the other then-Parties to this
Agreement.
XVII. COUNTERPARTS
This Agreement may be executed by original, scanned, or digital counterpart signatures
and shall have the same force and effect as if all signatures appeared on the same original.
IN WITNESS WHEREOF, the Parties have caused their representatives to affix their
respective signatures hereto.
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COUNTY OF LARIMER
STATE OF COLORADO
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
William Ressue, County Attorney
Date:
COUNTY OF JACKSON
STATE OF COLORADO
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Thomas Sharp
Date:
ALLENSPARK FIRE PROTECTION
DISTRICT
By:
Jill Allington, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
CITY OF FORT COLLINS, COLORADO
By:
Jeni Arndt, Mayor
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
BERTHOUD FIRE PROTECTION
DISTRICT
By:
Dan Hershman, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
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CITY OF LOVELAND, COLORADO
By:
Jacki Marsh, Mayor
ATTEST:
APPROVED AS TO FORM (if applicable):
Laurie Stirman
Date:
CRYSTAL LAKES FIRE PROTECTION
DISTRICT
By:
Jody Sandquist, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
TOWN OF BERTHOUD, COLORADO
By:
William Karspeck, Mayor
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
ESTES VALLEY FIRE PROTECTION
DISTRICT
By:
Jon Hodde, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
TOWN OF ESTES PARK, COLORADO
By:
Wendy Koenig-Schuett, Mayor
ATTEST:
APPROVED AS TO FORM (if applicable):
Dan Kramer
Date:
FRONT RANGE FIRE RESCUE FIRE
PROTECTION DISTRICT
By:
Darrin Rutt, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date: 8-1-2023
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TOWN OF JOHNSTOWN, COLORADO
By:
Gary Lebsack, Mayor
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
GLACIER VIEW FIRE PROTECTION
DISTRICT
By:
David Burk, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
TOWN OF TIMNATH, COLORADO
By:
Mark Soukup, Mayor
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
LIVERMORE FIRE PROTECTION
DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
TOWN OF WELLINGTON, COLORADO
By:
Tory Whanau, Mayor
ATTEST:
APPROVED AS TO FORM (if applicable):
Dan Sapienza
Date:
LOVELAND RURAL FIRE PROTECTION
DISTRICT
By:
Jeff Swanty, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
16
TOWN OF WINDSOR, COLORADO
By:
Rosa Reynoza, Mayor
ATTEST:
Karen Frawley, Town Clerk
APPROVED AS TO FORM (if applicable):
Date:
LYONS FIRE PROTECTION DISTRICT
By:
Paul Davidovich, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
HEALTH DISTRICT OF NORTHERN
LARIMER COUNTY
By:
Molly Gutilla, Board President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
PINEWOOD SPRINGS FIRE
PROTECTION DISTRICT
By:
Michael Graham, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
PARK HOSPITAL DISTRICT
By:
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
POUDRE CANYON FIRE PROTECTION
DISTRICT
By:
Pat Conway, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
17
THOMPSON VALLEY HEALTH
SERVICES DISTRICT
By:
Tom Blomquist, Chair
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
POUDRE VALLEY FIRE PROTECTION
DISTRICT
By:
Derek Bergsten, Chief
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
THE BOARD OF GOVERNORS OF THE
COLORADO STATE UNIVERSITY
SYSTEM ACTING BY AND THROUGH
COLORADO STATE UNIVERSITY
By:
Brendan Hanlon, VPUO
APPROVED AS TO FORM (if applicable):
Linda Schutjer, Senior Legal Counsel
Date:
RED FEATHER LAKES FIRE
PROTECTION DISTRICT
By:
Dan Defibaugh, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
LOVELAND FIRE RESCUE
AUTHORITY
By:
Jeff Swanty, Board Chair
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
WELLINGTON FIRE PROTECTION
DISTRICT
By:
David Pierson, Vice President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
18
POUDRE FIRE AUTHORITY
By:
David Pusey, Chair
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
WINDSOR-SEVERANCE FIRE
PROTECTION DISTRICT
By:
Andrew Rosen, President
ATTEST:
APPROVED AS TO FORM (if applicable):
Date:
PUBLIC COMMENT RECEIVED ON 8/8/2023
Board of Trustees Public Comment
Name: Thomas Richard kaszynski
Stance on Item: Against
Agenda Item Title: General Public Comment.
Public Comment:
I’m in opposition to granting Frank Theis ANY kind of type of rezoning for his property at 685 peak view
drive. There hasn’t been any change of conditions. Everyone who bought and built homes in this
neighborhood knew that some day there would be an additional one home per acre. Everyone is fine with
that. There isn’t any need in tearing up yet another nice neighborhood Tom kaszynski 610 Devon Drive
Estes park
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