HomeMy WebLinkAboutPACKET Town Board 2023-09-26The 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, September 26, 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.
1.POLICY GOVERNANCE MONITORING REPORT - POLICY 3.8.
Board Policy 2.3 establishing reporting requirements for the Town Administrator under
Policy Governance. Policy 3.8 is reported on each September.
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated September 12, 2023 and Town Board Study Session
Minutes dated September 12, 2023.
3.Letter of Support for a Grant Application to the Colorado Parks and Wildlife Non-
Motorized Trails Grant Program for Colorado 7 Trail Construction.
4.Letter of Support for a Grant Application to the Colorado Parks and Wildlife Non-
Motorized Trails Grant Program for Fall River Trail Planning.
5.Acceptance of Town Administrator Policy Governance Monitoring Report.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1.PLATTE RIVER POWER AUTHORITY 2024 INTEGRATED RESOURCE PLAN (IRP)
REPORT. PRPA General Manager Frisbee and Transition and Integration Officer
Singam Setti.
Prepared 09-15-2023
*Revised
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1.CONSENT ITEMS:
A.REQUEST FOR WITHDRAWAL, RESOLUTION 74-23, 1700 BRODIE AVENUE
PRESBYTERIAN CHURCH AMENDED PLAT, 1700 BRODIE AVENUE,
MICHAEL MOON, APPLICANT, PRESBYTERIAN COMMUNITY CHURCH OF
THE ROCKIES. Planner Washam.
The applicant is withdrawing the 1700 Brodie Avenue Presbyterian Church
Amended Plat application.
2.ACTION ITEMS:
A. ORDINANCE 08-23 REZONING 1.78 ACRES AT 685 PEAK VIEW DRIVE FROM
E-1 (ESTATE) TO E(ESTATE), CMS PLANNING & DEVELOPMENT, INC.,
FRANK THEIS, OWNER/APPLICANT. Planner Washam.
To rezone 1.78 acres of the 7.62-acre at Lot 1, Dannels Addition from E-1 (Estate)
to E (Estate), with a minimum lot area requirement of ½ acre, to create three (3)
additional lots at approximately ½ acre each.
B. RESOLUTION 82-23, COYOTE RUN SUBDIVISION PRELIMINARY PLAT, CMS
PLANNING & DEVELOPMENT, INC., FRANK THEIS, OWNER/APPLICANT.
Planner Washam.
To subdivide a 7.62-acre property into a four (4)-lot single-family residential
subdivision named Coyote Run Subdivision.
ACTION ITEMS:
1.RESOLUTION 83-23 CONTRACT TO PURCHASE VACANT LAND FOR RAW
WATER REDUNDANCY TO MARYS LAKE WATER TREATMENT PLANT. Director
Bergsten and Manager Wesley.
Purchase a vacant lot to construct a future raw water pump station.
2.RESOLUTION 84-23 MEMORANDUM OF UNDERSTANDING (MOU) WITH ESTES
PARK LOCAL MARKETING DISTRICT REGARDING HOLIDAY LIGHTS AND
DISPLAYS. Town Administrator Machalek.
To consider a MOU for the design and installation of the Town's holiday lights and
displays.
3.RESOLUTION 85-23 AMENDED INTERGOVERNMENTAL AGREEMENT (IGA)
WITH LARIMER COUNTY FOR RESIDENTIAL RECYCLING CENTER AT ESTES
PARK SOLID WASTE TRANSFER STATION. Town Administration Machalek.
Extension of the IGA for the operation of the Residential Recycling Center.
4.RESOLUTION 86-23 AMEND THE 2023 ANNUAL WORKFORCE HOUSING AND
CHILDCARE FUNDING PLAN FOR LODGING TAX (6E) FUNDS. Deputy Town
Administrator Damweber.
Consider amendments to the proposed 2023 fund to provide more funding for property
acquisition and out-of-school programming.
ADJOURN.
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Town Administrator’s Office Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: September 26, 2023
RE: Policy Governance Monitoring Report – Policy 3.8
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board.
Reporting on Policy 3.8 – Compensation and Benefits is required in September of each
year.
Policy 3.8 states:
“With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall not
cause or allow jeopardy to fiscal integrity.”
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
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Policy 3.8: With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall not cause or
allow jeopardy to fiscal integrity of the Town. Accordingly, pertaining to paid workers, he
or she may not:
3.8.1: Change his or her own compensation and benefits
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that would
result in a personal financial benefit, including modifying my benefits, leave
provisions, or compensation in any way that is not defined in my employment
agreement or specifically approved by the Town Board.
Compliance with the policy will be achieved when: All of my compensation
and benefits remain as approved by the Board through either my employment
agreement or by specific action of the Town Board.
Evidence:
1.The adopted budget and Annual Comprehensive Financial Report
document that I have not taken any action to change my own
compensation or benefits.
Report: I report compliance.
3.8.2: Promise or imply permanent or guaranteed employment
Status: Compliance
Interpretation: I interpret this to mean that I cannot make any statements to
current or potential employees that they can be assured of guaranteed employment
with the Town of Estes Park.
Compliance with the policy will be achieved when: I did not make any
comments, verbally or in writing to any employee that can be construed as
implying permanent or guaranteed employment.
Evidence:
1.Since this is a requirement NOT to do something, the evidence would be
for non-compliance (a substantiated allegation that such a promise or
implication was made). No such allegations have been raised with myself,
Human Resources, or with the Town Board.
Report: I report compliance
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3.8.3: Establish current compensation and benefits which deviate materially for the
regional or professional market for the skills employed
Status: Compliance
Interpretation: I interpret this to mean we regularly compare our compensation
and benefits to the regional market. That market has been defined in Policy 301 as
adopted by the Board. The specifics of the market comparison process are defined
in Policy 301.
Compliance with the policy will be achieved when: I ensure we fully comply
the procedures and steps outlined in the Board adopted Policy 301 regarding
Classification and Compensation
Evidence:
1.The compensation study, as prepared by the Town Compensation
Consultant under the supervision of Human Resources staff.
2.Published Compensation schedules and Classification plan which is
congruent with the results of the annual Compensation Study.
3.Specifics of the compensation model and most recent study are available
for inspection upon request.
Report: I report compliance.
3.8.4: Establish deferred or long-term compensation and benefits, without approval
of the Town Board.
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that would
create or change any deferred or other long-term compensation for any employees
without specific Board approval.
Compliance with the policy will be achieved when: There have been no
changes to anyone’s deferred or other long-term compensation or benefits without
Board approval.
Evidence:
1.The adopted budget and the Annual Comprehensive Financial Report
document that I have not taken any action to change any long-term
compensation or benefits without the prior approval of the Board.
Report: I report compliance.
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Town of Estes Park, Larimer County, Colorado, September 12, 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 12th day of September, 2023.
Present: Wendy Koenig, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Kirby Hazelton
Frank Lancaster
Barbara MacAlpine
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Bunny Victoria Beers, Deputy Town Clerk
Absent: Patrick Martchink
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
PROCLAMATION – 10 YEAR ANNIVERSARY OF THE 2013 FLOOD.
The Mayor read a proclamation recognizing a decade of progress since the 2013 flood.
AGENDA APPROVAL.
It was moved and seconded (Cenac/MacAlpine) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: Staff were commended on
the design of the wayfinding signage developed in 2023. The 10-year anniversary of the
2013 Flood took place in Glen Haven. Visit Estes Park Board met to discuss the 2024
Operating Plan, Catch the Glow event and holiday lighting and presented the July Visitors
Intercept Survey. The August Trustee Talk session included 15 members of the public in
attendance with discussion on patrolling and law enforcement in the Estes Valley and
community impacts on climate change. The Sister Cities Board would hold their first
membership meeting since 2019 and the public were encouraged to attend. The 47th
Annual Longs Peak Scottish-Irish Highland Festival was held and included a tribute to Dr.
James Arthur Durward founder of the festival and active local who passed away in May
2023; and a women’s world record for the sheaf toss was set at the festival. The Colorado
Association of Ski Town’s held their meeting at a completely zero carbon building and
topics included CIRSA liability changes related to police incidents over recent years, the
Colorado Tourism Office, Destination Stewardship strategy aimed to provide input on
visitor stewardship in Colorado, and WE-cycle a bikeshare program for e-bikes with solar
panels for charging in the Roaring Fork Valley. The Estes Park Police Department was
commended for taking over transportation services no longer being handled by Estes
Park Health for patients who require mental health or abuse related holds to locations
outside of the Estes Valley. The Economic Development Corporation continues
evaluating their Business Accelerator Services of Estes (BASE) Program for
improvements. Restorative Justice would host a Community BBQ celebrating their 20th
year anniversary and the public was encouraged to attend. The Estes Chorale would be
fundraising to perform at Carnegie Hall during the 2024 Memorial Day weekend.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek stated the Town would collect feedback on the 1% sales
tax renewal and would review comments in advance of the regular municipal election.
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Board of Trustees – September 12, 2023 – Page 2
CONSENT AGENDA:
1.Bills.
2.Town Board Minutes dated August 22, 2023, and Town Board Study Session
Minutes dated August 22, 2023.
3.Audit Committee Minutes dated August 28, 2023.
4.Transportation Advisory Board Minutes dated July 19, 2023 (acknowledgment
only).
5.Catch the Glow in the Park Permit Application for Use of Bond Park.
6.Estes Valley Public Library District Board Appointments: Cynthia Morriss
completing Peter Johnson’s term expiring December 31, 2024, and Marlys Polson
and John Kirtland for four (4) year terms beginning January 1, 2024 and ending
December 31, 2027.
7.Resolution 79-23 Authorizing the Town Administrator to Approve a Contract for the
Thunder Mountain Storage Tank Repairs for up to $250,000, Not Budgeted.
8.Resolution 80-23 2023 Memorandum of Understanding between the Estes Park
Museum and the Estes Park Museum Friends & Foundation, Inc., to define roles
and responsibilities.
It was moved and seconded (Hazelton/Cenac) to approve the Consent Agenda with
the removal of Item #6, and it passed unanimously.
It was moved and seconded (Younglund/MacAlpine) to approve Consent Agenda
Item #6, and it passed with Trustee Hazelton abstaining.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1.SHAPING THE FUTURE OF PUBLIC HEALTH IN LARIMER COUNTY. Public
Health Director Gonzales provided an overview of health strategies to meet the
changing needs of the community and efforts to provide everyone in Larimer
County the opportunity for a healthy life. Highlights included: introducing Public
Health 3.0 The Power of Partnership; Health Strategists and how to leverage the
Larimer County Department of Health and Environment (LCDHE); and solutions
for today’s health related challenges. Director Gonzales stated the LCDHE
intention to build stronger connections with civic and community leaders,
sharpened focus on proactive solutions, and develop better outcomes for
historically underserved community and families, bridge-builders among diverse
stakeholders and partners. He reviewed LCDHE Programs including the Strategic
Planning and Health Equity Initiatives, Public Health Planning and Partnership,
Youth engagement program, Clinical Services; Parent, Child, and Family Health,
proper nutrition for families with children with special needs, Environmental Health;
Communicable Disease (monitor over 100 preventable diseases, to stop outbreak
or minimize clusters), Emergency Preparedness and Response, Safe Sleep
Campaign, Health, Well-Being, and Resilience Data Dashboard, and the
Community Health Assessment. He highlighted TAC 212 Youth Center and the
partnerships to create and fund a center for youth. He stated LCDHE intentions to
continue to partner with the Town of Estes Park to ensure Estes Park is a thriving
community. Trustee Lancaster requested LCDHE input and their role to help
improve J-1 housing throughout the community.
ACTION ITEMS:
1.RESOLUTION 81-23 SUPPLEMENTAL BUDGET APPROPRIATIONS #5 TO
THE 2023 BUDGET. Director Hudson stated the resolution would appropriate Fall
River Trail grant funding, Cleave Street redevelopment, remove the Glacier Creek
Water Treatment upgrade project, budgeting use of childcare funding to help fund
a study, removal of the United States Department of Agriculture (USDA) loan and
grant package project for the Glacier Creek Water Treatment Plant improvement
project which staff would be reevaluating. Trustee MacAlpine stated concern for
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Board of Trustees – September 12, 2023 – Page 3
negative impacts to future grant funding if staff declines the USDA funding. Director
Bergsten spoke regarding the relationship between the Town and the USDA and
did not foresee any negative impacts to removing the loan and grant package from
the USDA. It was moved and seconded (Hazelton/Younglund) to approve
Resolution 81-23, and it passed unanimously.
2.ACCEPT DELIVERY OF THE AUDITED FINANCIAL STATEMENTS FOR THE
YEAR ENDING DECEMBER 31, 2022. Director Hudson stated the report was
reviewed at the August 28, 2023 Audit Committee meeting. Haynie & Company
issued an unmodified opinion or “clean” option. There were no disagreements with
management about matters individually or in the aggregate. Standard audit
adjustments were provided for pension and other post-employment benefit
(OPEB) amounts on the financial statements and a $64,000 adjustment was made
to Power & Communication capital assets which were not considered material or
a control deficiency. He provided a thorough overview of the packaging of the
report including a review of the 10-year statistical data. There being no further
discussion, it was moved and seconded (MacAlpine/Younglund) to accept the
delivery of the Audited Financial Statements for the year ending December
31, 2022, and it passed unanimously.
3.APPOINTMENT OF HAYNIE & COMPANY TO PERFORM THE AUDIT OF THE
ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING DECEMBER 31,
2023. Director Hudson recommended the appointment of Haynie & Company to
perform the 2023 audit. If approved, this would be the fourth year of a five-year
engagement with Haynie & Company. He stated the company does a good job
performing the audit and maintaining an open line of communication. There being
no further discussion, it was moved and seconded (Younglund/Cenac) to
appoint Haynie & Company to perform the audit of the Annual Financial
Report for the year ending December 31, 2023, and it passed unanimously.
4.CHANGE ORDER AND SECOND CONTRACT AMENDMENT FOR CLEAVE
STREET IMPROVEMENTS WITH KIMLEY-HORN AND ASSOCIATES.
Engineer Bailey requested Board approval for two funding increases on the Cleave
Street Improvements project. The $162,099 in funds would expand the scope for
final design, utility coordination and construction, including the cost of
undergrounding the overhead electric infrastructure. He spoke regarding the
complexities of the project and anticipated improvements would begin in
December 2023 or January 2024. Trustee MacAlpine questioned whether staff
anticipates future funding needs to complete the project. Engineer Bailey stated
the complexity of the project requires strategic rolling closures and staff would work
diligently to provide adequate outreach to the affected business owners and
residents. Trustee Hazelton commended staff for regularly referencing the
Downtown Plan throughout the project which was comprised of a significant
amount of community input from workshops and outreach. It was moved and
seconded (Hazelton/MacAlpine) to approve the Change Order and Second
Contract Amendment for Cleave Street Improvements with Kimley-Horn and
Associates, and it passed unanimously.
Whereupon Mayor Koenig adjourned the meeting at 8:51 p.m.
Wendy Koenig, Mayor
Bunny Victoria Beers, Deputy Town Clerk
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Town of Estes Park, Larimer County, Colorado September 12, 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 12th day of September, 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, and Younglund
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Town Attorney Kramer, and Recording Secretary
Disney
Absent: Trustee Martchink.
Mayor Koenig called the meeting to order at 5:15 p.m.
DISTRIBUTED ENERGY RESOURCES STRATEGY OVERVIEW.
Advanced Metering Infrastructure (AMI) Coordinator Clark and Paul Davis of Platte River
Power Authority (PRPA) provided an overview of the distributed energy resources (DER)
strategy. DERs were explained as devices deployed on the electric distribution system or
customer premises that can be used to provide value to all customers through the electric
system optimization. They highlighted the vision and guiding principles of the strategy, virtual
power plants and how they support decarbonized electric systems, data and
communications, current status of projects, and next steps. The Board discussed the effect of
extreme temperatures on DERs, device automation, the DER procurement timeline, updates
to information for the public, and the increased need for storage.
BED & BREAKFAST CODE UPDATE.
Town Clerk Williamson provided an update on the Bed & Breakfast (B&B) code and provided
an overview of staff concerns regarding B&B licensing, the temporary moratorium on new
applications, increased interests in B&Bs, and goals for any code amendments. She
highlighted what distinguishes a B&B from a Vacation Home, whether B&Bs should be
subject to a cap, grandfathering of current B&B licenses, examples of different types of B&B
operations, and sections of the code which would need changes. The Board discussed sales
tax remittance and collection, transferability of B&B licenses, current number of licensed
B&Bs, the ability of a potential homeowner to finance a property by operating a B&B, qualities
of grandfathering properties, the definition of a kitchen facility, how currently licensed B&Bs
operate, additional inspections which might be necessary for B&Bs, and defining what a meal
means. The Board directed staff to bring forward a drafted ordinance for a future Town Board
meeting addressing meal requirements, owner/on-site manager full-time residency within the
B&B, limiting kitchen facilities, owner/on-site manager interaction with guests, and a
grandfathering grace period.
OVERVIEW OF TOWN-OWNED PARCELS.
Deputy Town Administrator Damweber provided an overview of Town-owned parcels and
provided a GIS map showing Town owned properties. The Board discussed the number of
small Town-owned parcels, the 2018 Farm Bill which allows for 100-year leases of forest land
for housing, infrastructure implications of Town owned parcels, the Facilities Master Plan, and
staff recommendations for de-acquisition of properties.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
None.
FUTURE STUDY SESSION AGENDA ITEMS.
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Town Board Study Session – September 12, 2023 – Page 2
Trustee MacAlpine requested, and it was determined to add an overview of Growing Water
Smart to items approved unscheduled. Town Administrator Machalek requested, and it was
determined to, schedule: the Community Wildfire Defense Grant for October 10, 2023;
Codifying Town Board Compensation Changes for October 24, 2023; 179 Stanley Circle
Check-In and Next Steps for November 14, 2023; a Joint Study Session with the Estes Park
Housing Authority regarding the Fish Hatchery for a meeting in October, 2023. Additionally, it
was determined to cancel the Distributed Energy Resources Integration Planning Overview
on November 14, 2023 as this would be presented at the Town Board Meeting on September
26, 2023
There being no further business, Mayor Koenig adjourned the meeting at 6:48 p.m.
Kimberly Disney, Recording Secretary
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PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeff Bailey, PE, Town Engineer
Greg Muhonen, PE, Public Works Director
Date: September 26, 2023
RE: Letter of Support for a Grant Application to the Colorado Parks and Wildlife
Non-Motorized Trails Grant Program for Colorado 7 Trail Construction
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Letter of Support
QUASI-JUDICIAL YES NO
Objective:
Brief the Town Board and obtain authorization for the Mayor to sign a letter of support
for an application to the Colorado Parks and Wildlife (CPW) Non-Motorized Trails Grant
Program for trail construction improvements on Colorado Highway 7 (CO 7).
Present Situation:
Public Works staff will be requesting funding for construction of trail modifications to
resolve significant ADA noncompliance issues in front of 720 and 760 South Saint Vrain
Avenue (CO 7). The grant request will be for $250,000.
Public Works staff became aware of the ADA compliance issues during the summer of
2022 and completed an initial conceptual design that proposes replacing approximately
400 feet of the existing detached asphalt surfaced trail on the east side of CO 7
between Morgan Street and Saxon Court with an 8-foot-wide concrete trail attached to
new curb and gutter.
There is concern about how the project will impact the shared driveway access to the
Peak-to-Peak Lodge at 760 South Saint Vrain Avenue and the private residence at 720
South Saint Vrain Avenue. The current driveway access into the lodge and adjacent
residence is the general cause of the ADA non-compliance (both running grade and
cross-slope issues), as the detached trail crosses over the shared driveway area.
Proposal:
Public Works staff seek Town Board support for this application to the CPW Non-
Motorized Trails Grant Program to fund the CO 7 trail construction modifications.
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Advantages:
•Supporting this grant application will provide the opportunity to receive
additional funds to help complete the needed improvements to the CO 7 trail.
•Staff have good experience managing this type of grant funding, including an
understanding of the use and reporting requirements of these funds.
•If awarded, the project will bring this portion of the trail into ADA compliance and
provide residents and visitors a safer non-motorized trail instead of traveling on
the state highway.
Disadvantages:
The local cost share is 25% of the total grant request which is $62,500. The Town has
sufficient resources to budget for this required local grant match and staff will, if
awarded, follow proper appropriation processes to obligate the necessary funds.
Action Recommended:
Public Works staff recommend that the Town Board authorize the Mayor to sign the
attached letter of support for the CPW Non-Motorized Trails Grant Program application
for the CO 7 trail improvements.
Finance/Resource Impact:
The local cost share is 25% of the total grant request which is $62,500. Trail
maintenance work is not a permitted use of either 1A Street Maintenance or Trail
Expansion funds. Public Works staff propose the local match funds be provided from
the Community Reinvestment Fund (204)
Future Ongoing Impacts: Future ongoing expenditures for State Hwy 7 trail project will
be the continued maintenance of the improvements by Public Works Parks and Street
staff.
Future One-Time Impacts: This item is not expected to significantly impact other future
one-time costs.
Finance Director Hudson will provide a letter to accompany this grant application, which
will state that the Town has sufficient resources to budget for the required local grant
match and will follow proper appropriation processes to obligate the funds.
Level of Public Interest
Public interest is expected to be generally low, but locally moderate.
Sample Motion:
I move to approve/deny the attached letter of support for the CPW Non-Motorized Trails
Grant Program for CO 7 trail improvements.
Attachments:
1.Town Board Letter of Support for CPW-NMT Grant for CO 7 Trail
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Board of Trustees 970-577-4777
wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
September 26, 2023
Colorado Parks and Wildlife Non-Motorized
Construction Grants Review Committee
Pam O’Malley
Non-Motorized Grants Administrator
RE: Letter of Support for CPW-NMT Construction Grant
Dear Ms. O’Malley:
On behalf of the Town of Estes Park’s Board of Trustees, please accept this letter in support of
the Town’s application for the Colorado Parks and Wildlife Non-Motorized Trails Construction
Grant.
At a Town Board meeting on September 26, 2023, the Board authorized me, as Mayor, to
sign this support letter, and the Town acknowledges that a 25% local cost share is required, if
awarded.
The goal is to resolve considerable Americans with Disabilities Act (ADA) compliance issues
along this trail in the area of 720 and 760 South Saint Vrain Avenue (CO 7/SH 7) in Estes Park.
Your grant would help our Town to successfully resolve these ADA compliance issues and make
this trail accessible and enjoyable for people of all abilities.
The Town Board expresses its gratitude to CPW for the opportunity to pursue additional
financial assistance to complete this worthwhile project. Serving millions of people each year
and ensuring that residents and visitors alike have access to non-motorized trails, are goals
that the Town Board takes seriously. Favorable consideration of this application would be
greatly appreciated.
Sincerely,
Wendy Koenig
Mayor, Town of Estes Park
cc: Jeff Bailey, Town Engineer, Town of Estes Park
Attachment 1
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PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeff Bailey, PE, Town Engineer
Greg Muhonen, PE, Public Works Director
Date: September 26, 2023
RE: Letter of Support for a Grant Application to the Colorado Parks and Wildlife
Non-Motorized Trails Grant Program for Fall River Trail Planning
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Letter of Support
QUASI-JUDICIAL YES NO
Objective:
Brief the Town Board and obtain authorization for the Mayor to sign a letter of support
for an application to the Colorado Parks and Wildlife (CPW) Non-Motorized Trails Grant
Program for the revised final design of the final phase of Fall River Trail (FRT).
Present Situation:
Public Works staff are preparing for the revised final design and construction of the
final phase of the FRT project. The FRT plans were initially completed in June 2017;
however, over time, changes in site conditions and lessons-learned during construction
of previous FRT sections have necessitated revisions to those final plans. We are
asking CPW for a grant in the amount of $45,000, which will be roughly one-third of the
estimated cost to complete the revisions to the final construction plans.
Proposal:
Public Works staff seek Town Board support for this application to the CPW Non-
Motorized Trails Grant Program to fund the Fall River Trail final planning phase.
Advantages:
•Supporting this grant application will provide the opportunity to be awarded
additional funds to help reduce the Town’s overall monetary contribution to the
final design.
•Staff have good experience managing this type of grant funding, including an
understanding of the use and reporting requirements of these funds.
•Completing final design in 2024 allows the project to be shovel-ready when the
already-committed construction grant funding (TAP and MMOF) becomes
available in Fiscal Year 2025.
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Disadvantages:
•Due to the grant requirements, Public Works staff are only able to request a
maximum of $45,000 for the final design.
•CPW requires the Colorado Department of Transportation (CDOT) to issue a
commitment of support for public use of the right-of-way for at least 25 years.
This CDOT commitment has been challenging to acquire in the past.
Action Recommended:
Public Works staff recommend that the Town Board authorize the Mayor to sign the
attached letter of support for the CPW Non-Motorized Trails Grant Program for FRT
planning.
Finance/Resource Impact:
The local cost share is 25% of the grant request, or $11,250. The Public Works staff
have successfully acquired grant funding for this final phase as follows:
Multimodal Transportation and Mitigation Options Fund (MMOF): $1,438,577
MMOF local match: $ 479,519
Transportation Alternatives Program (TAP): $2,300,000
TAP local match: $ 575,000
Total: $4,793,096
Public Works staff propose to utilize funds from the 1ASales Tax Trail Expansion Fund
(244)for the local match for this application.
Future Ongoing Impacts: Future ongoing expenditures for the maintenance of the FRT.
Future One-Time Impacts: This item is not expected to significantly impact other future
one-time costs.
Public Works staff anticipate that the final blend of grant and local funding will be
accommodated within the components of the Fall River Trail project line item.
Finance Director Hudson will provide a letter to accompany this grant application, which
will state that the Town has sufficient resources to budget for the required local grant
match and will follow proper appropriation processes to obligate the funds.
Level of Public Interest
Public interest is expected to be low at this time.
Sample Motion:
I move to approve/deny the attached letter of support for the CPW Non-Motorized Trails
Grant Program for FRT planning.
Attachments:
1.Town Board Letter of Support for CPW-NMT Grant for FRT Planning
Page 18
Board of Trustees 970-577-4777
wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
September 26, 2023
Colorado Parks and Wildlife Non-Motorized
Planning Grants Review Committee
Pam O’Malley
Non-Motorized Grants Administrator
RE: Letter of Support for CPW-NMT Planning Grant
Dear Ms. O’Malley:
On behalf of the Town of Estes Park’s Board of Trustees, please accept this letter in support of
the Town’s application to the Colorado Parks and Wildlife Non-Motorized Planning Grant.
At a Town Board meeting on September 25, 2023, the Board authorized me, as Mayor, to
sign this support letter, and the Town acknowledges that a 25% local cost share is required, if
awarded.
The Fall River Trail project has been identified as a top priority project in many of our planning
efforts, including our Master Trails Plan and the Strategic Plan for trails in the Town of Estes
Park. We are at the final phase of design and construction, with about .08 miles left to complete
this 2.5-mile trail that connects the Town of Estes Park to Rocky Mountain National Park
(RMNP). We have recently secured funding from MMOF and TAP grant funds for the
construction of this final phase. The Fall River Trail plans were completed in June 2017;
however, over time, changes in the site conditions have necessitated revision of the plans. This
grant, if awarded, would help to cover costs to complete the final design revisions.
Estes Park, a community of only 6,000 full-time residents, hosts millions of people each year
who visit our historic village and our neighbor, RMNP, the fifth most-visited national park in
our country in 2021. As a small, rural town whose occupancy increases exponentially over the
course of several months, we rely on assistance from Federal and State funding sources to
accommodate visitors, seasonal workers, and residents alike.
The Town Board expresses its gratitude to CPW for the opportunity to pursue additional
financial assistance to complete this worthwhile project. Serving millions of people each
Attachment 1
Page 19
Board of Trustees 970-577-4777
wkoenig@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
guest season in Estes Park is a responsibility that the Board takes seriously. As stewards of
this premier national and global destination, we welcome this partnership to improve our
non-motorized trails for residents and guests as a place to live, work, or visit. Favorable
consideration of this application would be greatly appreciated.
Sincerely,
Wendy Koenig
Mayor, Town of Estes Park
cc: Jeff Bailey, Town Engineer, Town of Estes Park
Page 20
9/20/2023
Resource planning update
Sept. 26, 2023
Agenda
•Introduction | Reuben Bergsten
•About Platte River Power Authority | Jason Frisbie
•2024 Integrated Resource Plan | Raj Singam Setti
1
2
Page 21
9/20/2023
About Platte River
Jason Frisbie, general manager and CEO
Regional identity and philosophy
3
4
Page 22
9/20/2023
About Platte River Power Authority
Platte River Power Authority is a not-for-profit, community-owned public power utility
that generates and delivers safe, reliable, environmentally responsible and financially
sustainable energy and services to Estes Park, Fort Collins, Longmont and Loveland,
Colorado, for delivery to their utility customers.
At a glance
Headquarters
Fort Collins, Colorado
General manager/CEO
Jason Frisbie
2023 projected deliveries of
energy to owner communities
3,301,376 MWh (~33% renewable)
Employees
297
Peak demand
707 MW on July 28, 2021
2023 projected deliveries of energy
5,174,234 MWh
Began operations
1973
Transmission system
Equipment in 27 substations, 263 miles of
wholly owned and operated high-voltage lines
and 522 miles of high-voltage lines jointly
owned with other utilities.
Resource Diversification Policy
Purpose
To provide guidance for resource planning, portfolio
diversification and carbon reduction.
Goal
To support owner community clean energy goals, we will
proactively work towards a 100% noncarbon resource mix by
2030 while maintaining our foundational pillars of providing
reliable, environmentally responsible and financially
sustainable energy and services.
Passed by Platte River’s Board of Directors in 2018
\
•Transmission and distribution infrastructure
investment must be increased
•Transmission and distribution delivery systems
must be more fully integrated
•Improved distributed generation resource
performance
•Technology and capabilities of grid management
systems must advance and improve
•Advanced capabilities and use of active end user
management systems
•Generation, transmission and distribution rate
structures must facilitate systems integration
•Battery storage performance must mature and
the costs must decline
•Utilization of storage solutions to include thermal,
heat, water and end user available storage
•An organized regional market must exist with
Platte River as an active participant
Accomplished
In progress
Awaiting technology
5
6
Page 23
9/20/2023
Foundational pillars
Platte River is committed to decarbonizing our resource portfolio without
compromising our three pillars:
•Reliability
•Environmental responsibility
•Financial sustainability
Progress since 2018
The 2024 IRP builds on the 2020
IRP and resource planning and
modeling that occurred in 2021
and 2022
•225 MW of Roundhouse wind
•Announcement to decommission coal resources
•Developed a distributed energy resources strategy
•Filed 2020 IRP
•22 MW Rawhide Prairie Solar with 2 MWh battery
•150 MW Black Hollow Solar power purchase
agreement
•Additional solar and energy storage RFPs
•Filed Clean Energy Plan with the state of Colorado,
which requires all electric utilities to achieve 80%
carbon reduction by 2030
•Entry into Southwest Power Pool Western Energy
Imbalance Service market
7
8
Page 24
9/20/2023
33.3% noncarbon resources
2023 budget system total2018 system total
61.8%15.0%
11.8%
8.2%
1.6%1.6%
Coal Wind Hydropower Solar Other purchases Natural gas
56.8%
22.7%
8.4%
7.4%
2.5%2.2%
Includes renewable energy credit
allocations to carbon resources
Due to drought conditions, not all
hydropower may be considered
noncarbon
24.8% noncarbon resources
Progress on adding renewable generation
0
500
1000
1500
2000
2500
2018 2019 2020 2021 2022 2023 2024
Th
o
u
s
a
n
d
s
o
f
M
W
h
Annual renewable energy generation
Hydro Wind Solar
317
1,407 Over 1 million
MWh of
renewables added
since 2018
9
10
Page 25
9/20/2023
Currently planned renewable supplies
33.3% noncarbon resources
2023 budget system total 2030 projected system total
88.4% noncarbon resources
Renewable resources Dispatchable resources (includes purchases)
Includes renewable energy credit
allocations to carbon resources
Due to drought conditions, not all
hydropower may be considered
noncarbon
33.3%
66.7%
88.4%
11.6%
11
12
Page 26
9/20/2023
2024 Integrated Resource Plan
Raj Singam Setti, chief transition and integration officer
What is an IRP
•An IRP is a planning process which integrates customer demand and distributed energy
resources (DERs) with utility resources to provide reliable, economical and environmentally
desirable electricity to customers
•Typically developed for the next 10-20 years and updated every few years
•IRP assists with preparing for industry changes including:
•Technological progress
•Consumer preferences
•Regulatory mandates
•Required by Western Area Power Administration (WAPA) every five years
•WAPA requires a short-term action plan and an annual follow up on plan execution
•Last IRP was submitted in 2020
13
14
Page 27
9/20/2023
IRP modeling process
•Load forecast
•DER potential
•Power price forecast
•Resource cost forecast
•Extreme weather models
•Renewable profiles
Input assumptions Portfolio development Reliability testing
•Resource mix
•Renewable
•New technology
•Least cost
•Carbon reduction
•Reserve margins
•Portfolio testing with
•Dark calms (low
supply)
•Extreme weather
(high demand)
•Different
wind/solar profiles
Plexos model
•Extreme weather modeling
•Load forecast, customer load
contributions/flexibility
•Market prices, volatility and
congestion
•Required reserve margin and ELCC
•Beneficial electrification
assessment
External consulting studies
•Emerging technology screening
•Cost curves
•Time to maturity
•Dispatchable technology evaluation
•High flexibility
•Low carbon
•Proven technology
•Distributed energy resource
assessment
•Customer adoption rate
•Usage profiles
Complex modeling of an uncertain future Technology evaluation
15
16
Page 28
9/20/2023
Resource planning studies
Summary
StatusAdvisorStudy
CompletedACESExtreme weather event and dark calm analysis
CompletedAstrape consultingPlanning reserve margin requirements and effective load carrying capability
CompletedApex AnalyticsBuilding electrification forecast
Draft reportDunskyDER potential study
CompletedACESPrice volatility, congestion, and curtailment
Expected by Q3B&V consultingEmerging technologies review. Assess state of the art and future cost/availability of
dispatchable technologies, hydrogen, ammonia, energy storage and carbon capture
Expected by Q3B&V consultingDispatchable technology selection. Techno-economic assessment of available
options and recommendation of the best fit
17
18
Page 29
9/20/2023
Extreme weather events and dark
calms
Extreme weather events summary
Heat waves:
Cold waves:
•4-8 heat and cold waves lasting
about a week experienced every
year
•Noticeable increase in frequency,
duration and intensity of heat
waves
•Noticeable decrease in
frequency, duration and intensity
of cold waves
Heat Wave Summary – West Region
168 hours144 hours120 hours96 hours72 Hours48 Hours
0.0430.0210.040.090.020.47Events per year
Cold Wave Summary – West Region
336312288264240216192168144120967248Number of
Hours
00000000.080.170.40.91.74.9Events per
year
Cold Wave Summary – Colorado Region
264240216192168144120967248Number of
Hours
00000.040.020.170.30.92.36Events per
year
19
20
Page 30
9/20/2023
Dark calm events
summary
Reliability during dark calms (DC) and extreme
weather events (EWE)
•This is DC experienced during winter storm Uri in 2021. We scaled
up the load and generation to 2031.
•The only way to supply noncarbon energy during DC is to rely:
•Long duration energy storage (LDES), that once charged
will last many days
•Traditional generation burning noncarbon fuel like hydrogen
•Currently available 4-hour Li Ion battery will not be sufficient. Even
if we build 3000 MW (cost $4.5 billion), that will not be sufficient.
•Based on our analysis, we will need about 13,000 MW of 4-hour
storage – which is not practical
•Can the market help? Maybe, but we cannot plan on it.
•Usually severe weather patterns cover large areas. Most
likely, all the neighboring utilities will be having similar
shortages as we saw during Uri
•Even if we can find power, it will be very expensive. Our
quick analysis showed it will cost almost 40% of our annual
power supply cost. This was observed for many small
utilities after Uri.
•During winter severe weather, there are challenges of getting fuel
as well, which means on-site storage will be required
A 3 GW battery will last a day. 10 GW battery will cover this DC but we
would need 13 GW to cover an expected DC lasting up to 5 days.
21
22
Page 31
9/20/2023
Planning reserve margin (PRM) and
effective load carrying capability
(ELCC) study
Planning reserve margin (PRM) requirement
•Each utility must carry a spare
capacity. Market can help in
emergencies but does not
guarantee
•Historically, PRM was 15% but with
the addition of intermittent
renewables it is going up
•Independent assessment from
external advisors suggested we will
need 20-25%
•WECC study recommends 22-25%
for our area
•Texas increased the requirement
from 13% to 18%
Renewable generation, DERs and 4-hour battery storage can provide PRM but, their
ELCC drops significantly as you add more resources, due to intermittency and
energy limitations. Long duration energy storage (when developed) or traditional
thermal generation are better suited to provide PRM. A 100 MW wind or solar can
only 5-10 MW of PRM, while 100 MW of LDES or thermal generation can provide 90
MW of firm capacity.
PRM
23
24
Page 32
9/20/2023
Modeling basis
•Assessed regional PRM for one outage in 10 years or
annual Loss of Load Expectation (LOLE) of .1
•Ran 63,000 simulations (42 years of historical weather X
five load forecast errors X 300 outage patterns)
WACM
CSU
PSCO
BHCPRPA
AZ
SPS
(SPP)
PACE
PNM
350/350
350/350350/350
210/210
350/350
1000/0
0/420
400/300
100/100
844/0
200/200
400 /400
650/0
300/300
Assumed market
region
Conventional resources ~8,900 MW
Storage and renewable resources
867Battery storage
1,820Distributed solar
670DR
301PSH
3,880Solar
6,280Wind
2030 resource mix
Modeling year 2030. Assumed a regional
market to realize diversity benefits.
Results are somewhat in line
with proposed PRM
requirements for our region.
https://www.wecc.org/Reliability/2022%20Western%20Assessment%20of%20Resource%20Adequacy.pdf
2030 PRM curve
Study recommends a PRM of 19.9% which includes a diversity benefit of 2.2%
25
26
Page 33
9/20/2023
Building electrification
Key findings
•Space heating has the
biggest impact,
especially after 2030
•Partial electrification of
heat with gas back up
improves load factor
•Full electrification
causes significant
impact on winter peak
Included in PRPA forecastPercent of 2040 fossil fuel
GHG emissionsEnd useSector
Yes51.8%Space heatingResidential
Yes12.5%Water heatingResidential
Yes1.7%CookingResidential
No0.9%Lawn and gardenResidential
No0.5%Clothes DryerResidential
Yes23.6%Space HeatingCommercial
Yes4.7%CookingCommercial
Yes2.9%Water HeatingCommercial
No0.8%Fork LiftsCommercial
No0.6%Lawn and GardenCommercial
Components of electrification load
27
28
Page 34
9/20/2023
-
200
400
600
800
1,000
1,200
2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046
MW
Low Mid Hi
High case assumes
all-electric new
homes required in
2030
Building electrification winter peak projection
•Platte River may
become winter
peaking sometime
after 2040
•Winter peaking
starts roughly 5-7
years after all
electric new
building code goes
into effect
High
DER potential study
29
30
Page 35
9/20/2023
DER potential study scope
•Technologies: transportation electrification, distributed generation + storage and
demand response
•Scenarios: three market potential scenarios that consider market/technology factors and
program/utility levers (incentives, rates, policy, etc.)
•Sectors: residential single family, residential multi-family, small commercial, large
commercial
•Outputs: technology adoption (number of units), annual energy impacts (MWh), hourly
demand impacts (MW), program metrics (budgets)
Transportation electrification unmitigated energy and demand
summer medium growth
31
32
Page 36
9/20/2023
Behind the meter solar potential
Medium + medium Net Energy Metering blended
Behind the meter storage potential
Medium + medium Net Energy Metering blended
33
34
Page 37
9/20/2023
Market price volatility
Locational marginal
price (LMP) forecast
030 Base case assumptions (20 locations)
500 MW wind at Rail Tie site in WY
1800 MW of Wind connecting to Gateway South in Western WY
3000 MW of Wind connecting to Colorado Power Pathway
500 MW of wind near Casper WY
500 MW of solar near Craig CO
2000 MW of Utility Scale Solar in the Denver-Pueblo Area
1000 MW of distributed solar in Denver-Pueblo Area
200 MW of peaking generation at Cheyenne Energy Station
1300 MW of peaking generation in Denver area
500 MW of batteries in Denver area
Retirement of all coal Units in CO
35
36
Page 38
9/20/2023
LMP forecast - 2030
-5
5
15
25
35
45
55
65
75
85
95
105 Average of Rawhide (BC)
Average of Rawhide (S3)
New dispatchable capacity
37
38
Page 39
9/20/2023
Virtual power plant –
integration
Information needed from the
owner communities
•Data is fuel for VPP
•Meter Data - AMI
•Distributed generation and DER
availability/capability/derates
•Demand response status by
program
•EV/devices aggregated status
Building electrification
Electric vehicles
Demand response
Distributed generation
Virtual power plant
Long duration storage
39
40
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9/20/2023
Dispatchable thermal capacity
Recommend the most suitable dispatchable technology to provide 170-240 MW
by 2028 to complement renewable generation after coal retirement
Followed a multi track process
Internal team
•Resource planning
•Portfolio strategy
•Operation
•Engineering
•Transmission
•Environmental
•Permitting
Vendor engagement
•GE
•Mitsubishi
•Mitsubishi Aero
•Siemens
•Wartsila
•Pro Energy
Site visits
•Cheyenne
•Drake
•Pueblo
•Meetings with utilities
B&V process
•Screening
•Operational
characteristics
•LCOE
•Operational flexibility
•Reliability
•Fuel versatility
•Emissions
•Constructability
•Market performance
Decision matrix
•More weights to the
attributes related to three
pillars
•Multiple sub-categories
•Qualitative and
quantitative attributes
evaluated
Dispatchable
thermal capacity
Weighting Qualification
0.30Reliability
0.25Emissions
0.20Costs
0.10Operational Flexibility
0.05Fuel Versatility
0.05Constructability
0.05Market Performance
1.0Total weighted score
Decision matrix
41
42
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9/20/2023
Stay informed
Stay informed
•Join us for the Nov. 2 community engagement meeting
•Visit prpa.org/2024IRP
Submit additional questions and request community presentations
•2024IRP@prpa.org
Questions
43
44
Page 42
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Kara Washam, Planner I
Date: September 26, 2023
RE: Request for Withdrawal, Resolution 74-23, 1700 Brodie Avenue
Presbyterian Church Amended Plat, 1700 Brodie Avenue, Michael Moon,
Applicant, Presbyterian Community Church of the Rockies
Staff requests that the application for the 1700 Brodie Avenue Presbyterian Church
Amended Plat be withdrawn by request of the owner/applicant. See attached letter.
Page 43
Kara Washam <kwasham@estes.org>
1700 Brodie Ave Presbyterian Church- Withdrawal
2 messages
Kara Washam <kwasham@estes.org>Tue, Sep 5, 2023 at 10:56 AM
To: mgmoon@aol.com
Cc: Jacob Gruver <jacobg@vanhornengineering.com>, Planning commdev <planning@estes.org>
Mr. Moon,
Please reply back to this email to confirm that you wish to withdraw the 1700 Brodie Ave Presbyterian Church Amended
Plat project from the Town Board schedule.
This project is currently scheduled to be heard at the Town Board Public Hearing on September 26, 2023. Upon
confirmation of the withdrawal I will notify the Town Clerk's office.
Thank you,
--
Kara Washam, Planner
Community Development Department
Town of Estes Park
170 MacGregor Ave.
Estes Park, CO 80517
970-577-3729 (Office)
kwasham@estes.org
mgmoon@aol.com <mgmoon@aol.com>Tue, Sep 5, 2023 at 11:05 AM
To: Kara Washam <kwasham@estes.org>
Cc: Jacob Gruver <jacobg@vanhornengineering.com>, Planning commdev <planning@estes.org>
Per our phone conversation this morning, yes pull it from the schedule until we can get more clarity from Lonnie.
Mike
[Quoted text hidden]
Attachment 1
Page 44
1
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1.MAYOR.
The next order of business will be the public hearing on PLANNING COMMISSION
ACTION ITEM 1.A. ORDINANCE 08-23 REZONING 1.78 ACRES AT 685 PEAK VIEW
DRIVE FROM E-1(ESTATE) TO E(ESTATE), CMS PLANNING & DEVELOPMENT,
INC., FRANK THEIS, OWNER/APPLICANT.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2.STAFF REPORT .
Review the staff report.
Review any conditions for approval not in the staff report.
3.APPLICANT.
The applicant makes their presentation.
4.PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5.REBUTTAL.
The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
Page 45
2
6.MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
application.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7.SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8.DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9.VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
Page 46
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Kara Washam, Planner I
Date: September 26, 2023
RE: Ordinance 08-23 Rezoning 1.78 Acres at 685 Peak View Drive from E-
1(Estate) to E(Estate), CMS Planning & Development, Inc., Frank Theis,
Owner/Applicant
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing to consider an application for a “Zoning Map Amendment”
(Rezoning) of 1.78 acres of a 7.62-acre parcel from E-1 (Estate) to E (Estate), review
the application for compliance with the Estes Park Development Code (EPDC), and
approve, deny, or continue the item.
Present Situation:
The subject property is 7.62 acres in size, described as a portion of Lot 1 of Dannels
Addition to the Town of Estes Park, filed in 1954. It is currently zoned E-1 (Estate), and
contains one single family residence, constructed in 1965. The Applicant purchased the
property in late 2022.
Proposal:
The Applicant is seeking approval of the 685 Peak View Drive Zoning Map Amendment
application, to rezone 1.78 acres of the 7.62-acre parcel from E-1 (Estate) to E (Estate),
with a minimum lot area requirement of ½ acre, to create three (3) additional lots at
approximately ½ acre each. The remaining 5.83 acres, to be known as Lot 4, contains
one single family residence and is not included in the proposed rezoning request. The
proposed subdivision application, known as Coyote Run Subdivision (previously known
as Coyote Ridge Subdivision), was submitted for concurrent review with this application
and is contingent upon approval of the rezoning request (Attachment 3). Access to the
Page 47
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been replicated. A
record is created for each Trustee email received.
proposed 1.78-acre parcel will be from Peak View Drive, and the existing single-family
home on the remaining 5.83-acre parcel will continue to utilize the driveway from Peak
View Drive, east of the proposed new access point.
Location and Context:
The subject property is located west of the intersection of Peak View Drive and Devon
Drive, approximately ¼ mile west of South Saint Vrain Avenue (State Highway 7).
Adjacent parcels are residentially zoned and exhibit a range of densities. The parcels to
the west of the subject property, known as the Prospect Mountain PUD, are zoned R
(Residential), which requires ½ acre minimum lot sizes. Of note, 13 (34%) of the 38
adjacent lots zoned R are less than the required ½ acre minimum lot size and are
nonconforming. In addition, the four (4) parcels directly north of the subject property are
nonconforming in lot size. These parcels within the Koral Heights Subdivision, are in
unincorporated Larimer County and zoned EV E1 Estate, requiring 1-acre minimum lot
sizes. (Attachment 4). The proposed rezoning of 1.78 acres from E-1 to E will create a
transition between the higher density development pattern to the west and the larger lot
sizes east and south of the subject property.
Vicinity Map
Page 48
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been replicated. A
record is created for each Trustee email received.
Zoning Map
Table 1: Zoning and Land Use Summary
COMPREHENSIVE PLAN ZONING USES
SUBJECT PARCEL Suburban Estate E-1 (Estate)Residential
NORTH Suburban Estate Unincorporated Larimer County Residential
SOUTH Suburban Estate E-1 (Estate)Residential
EAST Suburban Estate E-1 (Estate)Residential
WEST Neighborhood Village R (Residential) Residential
Project Analysis:
The proposed rezoning would allow the Applicant to move forward with development of
the 1.78-acre portion of the property at a density higher than the existing zoning. If the
rezoning request is approved, a subdivision application is required. The Applicant
submitted an application for a preliminary subdivision plat, which contains details of lot
sizes, access, drainage, water, wastewater, electric, etc. The Planning Commission and
Town Board of Trustees each have a role to review and render a decision for the
Page 49
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been replicated. A
record is created for each Trustee email received.
concurrent preliminary plat and subsequent final plat subdivision applications, which
require public hearings.
Review Criteria
All applications for text or Official Zoning Map Amendments shall be reviewed by the
EPPC and Town Board for compliance with the relevant standards and criteria set forth
below and with other applicable provisions of this Code. In accordance with Section
3.3.D. “Standards for Review” of the EPDC, all applications for rezoning shall
demonstrate compliance with the applicable standards and criteria:
1.The amendment is necessary to address changes in conditions in the areas
affected.
Staff Discussion: One documented condition that exists in the Estes Park area is
a shortage of undeveloped and smaller lots to facilitate additional housing
development. Undeveloped, residentially-zoned property is nearly nonexistent.
The Estes Valley Housing Needs Assessment & Strategic Plan (HNA) prepared
for the Town of Estes Park and the Estes Park Housing Authority (EPHA) and
finalized in early 2023, provides several examples of the shortage of all types of
housing and need for housing type diversity throughout Estes Park and the Estes
Valley. The HNA provides data and evidence-based recommendations and
guidance to the Town Board and Housing Authority, based on exploration and
analysis of housing issues and needs throughout Estes Park and the wider Estes
Valley. The 2023 HNA, which updates the 2016 HNA, recommends collaboration
with EPHA and the broader community and provides resources and information
for decision makers on relevant housing issues. Some key points and examples
in the HNA that illustrate a change in conditions are as follows:
A Priority Action to “Increase Housing Supply.” (Strategic Plan, p. 7)
A key finding under Section III’s Housing Profile & Affordability Analysis
states “The pace of housing unit growth in the past decade is the slowest
since the 1960s. The number of units built since 2010 is only 42% of the
average number of units built per decade in the 70s, 80s, 90s, and 00s.”
(Section III, p. 1)
Another key finding within Section III’s Housing Profile and Affordability
Analysis determined that, “2,720 units will be needed by 2030 to address
the current shortage of workforce housing and forecasted employment
demand.” (Section III, p. 1). Figure III-22 (below) illustrates the current
housing need and how needs have grown since 2016 (the 2016 HNA
identified a 1,530-unit housing need). The lack of housing construction
and decreasing affordability of housing have exacerbated the existing
shortage of units – the “catch up” need. At the same time, retirement of
current employees coupled with projected job growth continue to forecast
additional need.” (Section III, p. 19)
Page 50
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been replicated. A
record is created for each Trustee email received.
Under Section IV, Community Engagement Findings, stakeholders noted
“infrastructure costs and land availability as barriers to attainable housing
development and encouraged the Town to pursue public-private
partnerships for affordable and workforce development (e.g., incentives,
subsidies, etc. for affordable production).” (Section IV, p. 3)
Figure IV-8 illustrates the following data from respondents regarding
housing availability, and notes that two-thirds of renters and half of in-
Page 51
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been replicated. A
record is created for each Trustee email received.
commuters in Estes Valley said it was” very difficult” to find housing that
meets their needs:
A Stakeholder Perspective on Housing Supply notes that “The greatest
housing need in Estes is increasing the Valley’s inventory of reasonably
priced housing. Stakeholders believe that housing inventory has
progressively worsened in the past five years and many perceive
affordable housing in the Estes Valley as nearly impossible for year-round
residents and families to attain.” (Section IV, p. 21)
Stakeholders identified land limitations as barriers to residential
development, which “slowed housing production and made it more difficult
to identify affordable housing solutions.” (Section IV, p. 23)
The above excerpts from the HNA all point to the need to add additional
development and housing options in Estes Park, which is an ongoing change in
conditions that have steadily worsened for prospective homeowners over the
recent decades in Estes Park and the Estes Valley. Rezoning the subject
property to provide additional single-family lots less than one acre in size can be
one small step to alleviate the housing shortage.
Development decades ago, and more recent residential development changed
conditions in areas directly adjacent and in the general vicinity of the proposed
rezoning. The Prospect Mountain PUD Subdivision, directly west of the subject
property, was approved in the early 1980’s and created small lot sizes, many
under ½ acre in size. The Peak View Apartments, constructed in 2020, is a
Housing Authority development located approximately ⅓ mile east of the subject
property, and contains 26 multi-family units on approximately 4 acres. The
Prospector Apartments development, currently under construction for 94
workforce multi-family units on approximately 5.7 acres, are located
approximately ½ mile northeast of the subject property.
Staff Finding: The proposed rezoning is necessary to address changes in
conditions in the areas affected.
2.The Development Plan, which the proposed amendment to this Code would
allow, is compatible and consistent with the policies and intent of the
Comprehensive Plan and with existing growth and development patterns in
the Estes Valley.
Staff Discussion: Staff has waived the development plan requirement per Section
3.3.B.1 of the Estes Park Development Code:
Page 52
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been replicated. A
record is created for each Trustee email received.
“All applications seeking to amend this Code to allow a change from one
(1) zone district to a different zone district or seeking to amend this Code
by changing the permitted uses in any zone district shall be accompanied
by a development plan. This requirement may be waived by Staff if it finds
that the projected size, complexity, anticipated impacts, or other factors
associated with the proposed development or subdivision clearly justify
such waiver.”
The Applicant intends to create single family residential lots, as indicated on the
preliminary plat. This type of development does not trigger a requirement for a
Development Plan under criteria within Section 3.8 of the EPDC. The preliminary
plat application for the proposed subdivision has some overlap with Development
Plan submittal requirements, including a drainage plan, provisions for utilities,
and a traffic impact analysis.
There has been precedent in recent years with rezoning applications in Estes
Park being processed and approved by the Town Board of Trustees that were
not accompanied by a Development Plan, as noted in the three examples below:
507 Grand Estates Drive. This 0.95-acre property was rezoned from CO
(Outlying Commercial) to RM (Multi-Family Residential) in February 2017.
It is now the location of Grand Estates Apartments.
Lot 2 of Castle Ridge Minor Subdivision was rezoned from RE (Rural
Estate) to RM (Multi-Family Residential) in November 2018. This 6.996-
acre property is located just west of the intersection of Fall River Road and
West Elkhorn Avenue. The property was then acquired by the EPHA, who
is currently processing subdivision and development plan applications
proposing the development of 30 townhomes. Note, a significant portion
of this property is not developable due to slopes and rock outcroppings.
The Town-owned “Fish Hatchery” project, located near the intersection of
Fall River Road and Fish Hatchery Road rezoned 21.8 acres from A-1
(Accommodations) to RM (Multi-Family Residential) in order to move
forward with a workforce housing project in October, 2022.
The Future Land Use map within the Estes Forward Comprehensive Plan (Plan)
categorizes the subject property as “Suburban Estate.” The Plan’s
recommendations for appropriate land uses in Suburban Estate include “Single
family residential subdivisions with low to medium density,” as well as “Single
family homes with accessory dwelling units.” Suburban Estate “…typically
consists of medium sized single-family homes on lots that are at least a quarter-
acre in size.” (p. 67). The lot sizes of the proposed subdivision plat are all well
over a quarter-acre in size.
Page 53
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been replicated. A
record is created for each Trustee email received.
A Suburban Estate recommendation in the Plan notes “New homes should be
appropriately scaled for compatibility with existing neighborhood character” (p.
67). This can be accomplished with the applicant’s proposal. Staff notes that
other than the lower-density single-family development in this area of Estes Park,
there is an established subdivision (Prospect Mountain PUD/Subdivision) directly
west of the subject property that consists of numerous lots ¼ acre and smaller in
size. This was done through a Planned Unit Development (PUD) and
subdivision, prior to the adoption of the Estes Valley Development Code in 2000.
It is currently zoned R (Single-Family Residential). See Attachment 4, which
provides the lot area of lots surrounding the subject property. The proposed
rezoning/development and density of the proposed project is consistent with the
existing character and density of this adjacent area, as well as the pattern of
higher-density housing development that was initiated over 20 years ago.
The Comprehensive Plan has nine Guiding Principles for the Estes Valley,
including “Housing opportunities sufficient to support a multigenerational, year-
round community.” (p. 7)
The Housing section in Chapter 2, notes, in part, “Demand for housing in Estes
Valley has outpaced supply for years leading to decreasing affordability,
overcrowding of the few housing options that are available, increasing reliance
on commuters to fill jobs, and jobs going unfilled.” Goal No. H1 in that section is
to “Ensure new housing meets the needs of the workforce and families.” The
higher density proposed by the rezoning can help to accomplish this. Goal No.
H2 in this section is to “Create new housing opportunities.” Goal No. H 2.2
recommends “The Town allows infill and redevelopment that provides for more
housing with a focus to increase workforce and affordable options for all income
levels.” (p. 36 and 37)
Further, Appendix B, Existing Conditions Snapshots notes at the time that the
median family income in the Estes Valley was $84,400 and the 12-month rolling
median sales price for single-family homes and condos has each risen almost
30% annually since 2016 (Page 21). The workforce in Estes Park needs a
feasible path towards stable housing, and smaller lots with smaller footprints for
developments can help reduce costs.
Staff Finding: The proposed rezoning is compatible and consistent with the
policies and intent of Estes Forward Comprehensive Plan, and is consistent with
existing growth and development patterns nearby and throughout the area.
3.The Town, County or other relevant service providers shall have the ability
to provide adequate services and facilities that might be required if the
application were approved.
Page 54
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been replicated. A
record is created for each Trustee email received.
Staff Finding: Service and utility providers have reviewed the rezoning application
and indicated they are able to provide adequate services to this site.
Review Agency Comments:
The 685 Peak View Drive Zoning Map Amendment application was referred out to all
applicable review agencies for comment. Agency comments received identified no
issues or concerns with the rezoning. Specific recommendations were for the
subdivision and development that may follow a rezoning approval.
Public Comments:
A neighborhood and community meeting regarding the rezoning project was held in the
Estes Park Library, 335 East Elkhorn Avenue on July 3, 2023. The meeting was well
attended. There was significant opposition voiced by attendees at the meeting.
Numerous comments have been submitted. All comments are posted to:
https://drive.google.com/file/d/10wduGydEe2PtnQxkTTS93rj64j7Np4Y6/view
Staff Findings:
Based on the foregoing, staff finds:
1. The Estes Park Planning Commission is the Recommending Body for the 685 Peak
View Drive Zoning Map Amendment.
2.The Town of Estes Park Board of Trustees is the Decision-Making Body for the 685
Peak View Drive Zoning Map Amendment.
3.The Estes Park Planning Commission voted to recommend approval of the 685
Peak View Drive Zoning Map Amendment at the regular public hearing held on
August 15, 2023.
4.Adequate public/private facilities are currently available to serve the subject
property.
5.This request has been submitted to all applicable reviewing agency staff for
consideration and comment.
6. The 685 Peak View Drive Zoning Map Amendment application complies with
applicable standards set forth in the EPDC.
Advantages:
This proposal is consistent with the standards of the EPDC, specifically: Section 3.3.D.
“Standards of Review” for Code Amendments. Approval of the 685 Peak View Drive
Zoning Map Amendment would allow the Applicant to move forward with development
of the 1.78-acre portion of the property at a density higher than the existing zoning
allows, resulting in an increase in housing stock for the Estes Valley.
Disadvantages:
Approval of the 685 Peak View Drive Zoning Map Amendment would increase the
density of the existing neighborhood.
Page 55
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been replicated. A
record is created for each Trustee email received.
Action Recommended:
Staff recommends approval of Ordinance 08-23.
Finance/Resource Impact:
Little or none.
Level of Public Interest
High. The Community Development Department has received numerous written public
comments or inquiries.
Sample Motion:
I move that the Town Board of Trustees approve Ordinance 08-23.
I move that the Town Board of Trustees deny Ordinance 08-23, finding that [state
findings for denial].
I move to continue Ordinance 08-23 to the next regularly scheduled meeting, finding
that [state reasons for continuance].
Attachments:
1. Ordinance 08-23
2. Application
3.Statement of Intent
4.Preliminary Subdivision Plat
5. Map Depicting Density in Area of Subject Property
6.Links to Public Comments*
Page 56
ORDINANCE 08-23
AN ORDINANCE REZONING 1.78 ACRES AT 685 PEAK VIEW DRIVE
FROM E-1 (ESTATE) TO E (ESTATE)
WHEREAS, a property 7.62 acres in size, legally described as Lot 1, Dannels
Addition, Estes Park, CO, as described on Exhibit A, is currently zoned E-1 (Estate); and
WHEREAS, the property owner (CMS Planning & Development, Inc.) has applied
for 1.78 acres of the subject property, legally described on Exhibit B, be rezoned to E
(Estate); and
WHEREAS, the Estes Park Planning Commission has recommended approval of
the rezoning as proposed; and
WHEREAS, the application for rezoning meets the criteria for an Official Zoning
Map amendment as listed in section 3.3 of the Estes Park Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Board finds this Official Zoning Map amendment necessary to
address changes in conditions in the areas affected, and finds it meets all other review
criteria in the Development Code.
Section 2: The application for rezoning is hereby approved. The 1.78 acres of the
7.62-acre parcel at 685 Peak View Drive, as described on Exhibit B, is hereby rezoned E
(Estate); and
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the day of , 2023 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2023, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 57
LOT 1, DANNELS ADDITION TO THE TOWN OF ESTES PARK, COLORADO,
ACCORDING TO THE PLAT FILED NOVEMBER 30, 1954, LYING NORTH OF THE
U.S. GOVERNMENT ROAD AS DESCRIBED IN SAID PLAT AND A ONE FOOT STRIP
OF LAND ALONG THE SOUTH BOUNDARY OF KORAL HEIGHTS SUBDIVISION
LOCATED IN LOTS 2 AND 3 OF SECTION 31, TOWNSHIP 5 NORTH, RANGE 72
WEST, LARIMER COUNTY, COLORADO, BEING THE STRIP LOCATED BETWEEN
THE SOUTH BOUNDARY OF THE SUBDIVISION AND THE SOUTH RIGHT OF WAY
OF DEVON DRIVE STREET EXTENDING EAST FROM THE SOUTHWEST CORNER
OF THE SUBDIVISION TO THE JUNCTION OF DEVON DRIVE AND JUNIPER
STREET, ALL IN ACCORDANCE WITH THE PLAT OF RECORD, KORAL HEIGHTS
SUBDIVISION, COUNTY OF LARIMER, STATE OF COLORADO.
Also known by street and number as: 685 Peak View Dr., Estes Park, CO 80517
Page 58
Page 59
Attachment 2
Page 60
Page 61
Page 62
__________________________________________________________________________________________________________________
CMS PLANNING & DEVELOPMENT P.O. BOX 416 ESTES PARK, COLORADO 80517 (970) 231-6200
STATEMENT OF INTENT
Rezoning of 685 Peak View Drive in Estes Park, Colorado
CMS Planning & Development, Inc. - Applicant
Prepared on 6/24/23
The subject property is 7.62 acres located between on the north side of Peak View Drive,
approximately 1/3 mile west of South Saint Vrain (Highway 7) in Estes Park, Colorado. It is
currently zoned E-1, which allows 1-acre minimum single-family residential lots. The
Applicant is proposing to rezone approximately 1.75 acres on the west end of the property
to E, which allows ½-acre minimum single-family residential lots.
Concept Plan
To subdivide the rezoned portion of the property into three single-family lots, including
.23-acres on the east side of the new lots in an access easement for a private road. This
private road, which will be built to public road standards, provides access onto Peak View
Drive.
Preliminary Plat
A Preliminary Plat for the proposed subdivision is being submitted to the Planning
Commission concurrent with this rezoning. It will include a drainage plan and a traffic
analysis for the proposed development.
Standards For Review
As per the Estes Park Development Code section 3.3.D, the following are required for a
rezoning:
1)The rezoning is necessary to address changes in conditions in the areas affected.
The increased need for housing combined with the lack of available land for such
development, has created a significant change in the land use needs compared to
when the property was originally zoned.
2)The concept plan for the subdivision of the property is compatible and consistent
with the policies and intent of the Comprehensive Plan. In the Comprehensive Plan,
sections H2.D, H2.E, H2.I, and H2.J of the Implementation Plan recommend actions
by the Town to encourage higher-density housing development.
3)The Town, and other relevant service providers, have the ability to provide adequate
services required if the application is approved.
Attachment 3
Page 63
Attachment 4
Page 64
Koral Heights
Subdivision
Prospect Mountain
PUD/Subdivision
Peak View
Subdivision
Majestic Pines
Subdivision
SUBJECT PROPERTY
P E A K V I E W D R
S S AIN T V R AIN A VE
J
U
N
I
P
E
R
D
R
DEVON DR
ACACIA DR
LONGS DR
T
W
I
N
D
R
PR
OSP
E
C
T
MOUNTAIN RD
S
U
N
N
Y
MEADL
N
DEKKER CI R
C UR R Y D R
D AR C Y D R
ME E K E R D R
HIGH
ACR
ES
D
R
1.82
1.33
1.681.19
0.48
0.54
1.26
0.340.66 0.350.5667
1.18
0.57
0.7
1
1.28
0.61 1.68
0.48 0.24 0.220.260.24
14.43
3.44
4.11 1.171.01
0.51
0.64
0.88 0.840.51 0.250.42
0.9041
10.950.911.64 0.932.22 0.84
1.002778
1.79
0.5829
0.73
7.62
0.69
0.75
0.69
0.98
0.64 0.73
0.76 0.64
0.22
0.740.5
0.7
0.71 0.71
0.88 0.840.82
0.5
0.75181.03
0.3
1.68
1.03
0.95
1.19
1.37
0.67
0.65
0.5667
0.16 0.5
0.090.22
0.54
1.31.25
0.67 1.28
0.5897
1.37
0.67
0.540.59
1.01
1.16
0.5
1.04
0.46
1.45
0.37
1.19
0.53
1.06
0.579
1.25
1.28 1.32
1.065
0.29
0.66
1.03
1.37
0.67
0.41
0.94 0.95
1.76
0.61
0.220.18
0.65
2.78
1.05
0.58 0.42
0.1
0.09
0.5 0.39
This draft document was prepared for internal use by the
Town of Estes Park, CO. The Town makes no claim as to
the accuracy or completeness of the data contained hereon.
For illustrative purposes only.0 100 200
Feet
1 in = 190 ft±Town of Estes Park
Community Development Lot Area
Acreage Shown Per Town GIS
Attachment 5
Page 65
*Public Comments may be duplicated due to the volume and manner of submittal
**Public Comments were retrieved from the Public Trustee Email and have been
replicated. A record is created for each Trustee email received.
TOWN BOARD MEETING
September 26, 2023
Planning Commission Action Item 1.A
Ordinance 08-23.
Public Comment**
Comments submitted to the Clerk’s Office by:
09-20-2023 09-22-2023 09-26-2023
**Comments submitted to the Town Board by:
09-19-2023 09-22-2023 09-26-2023
Comments submitted for the Estes Park Planning Commission
Meeting on 08-15-2023.
Comments made during previous Town Board meetings.
Town Board Minutes
06-13-2023
07-11-2023
Town Board Meeting Videos
06-13-2023
07-11-2023
Page 66
10/3/2023
Community Development
1069 Moan St.
Town Board Meeting
September 26, 2023
Zoning Map Amendment
Application to Rezone 1.78 Acres
From E-1 to E Zoning District
685 Peak View Drive
Frank Theis, CMS Planning & Development, Inc
(Owner/Applicant)
Presented by Kara Washam, Planner I
Vicinity Map of Subject Area
685 Peak View Dr.
1
2
Page 67
10/3/2023
Zoning Map
Existing Conditions (Aerial)
Existing SF Dwelling
3
4
Page 68
10/3/2023
Existing Conditions (Front)
Surrounding Context
5
6
Page 69
10/3/2023
Key Points
• Property is 7.62 acres and currently zoned E-1
(Estate).
• Legally described as Lot 1, Dannels Addition.
• One existing single family residence (built in
1965).
• Applicant purchased the property in late 2022.
• Proposed subdivision application (Coyote Run
Subdivision Preliminary Plat), was submitted for
concurrent review and is contingent upon
approval of the rezoning request.
Preliminary Subdivision Plat
7
8
Page 70
10/3/2023
Proposal
The Applicant requests the Board of Trustees
review the 685 Peak View Drive Zoning Map
Amendment application, to rezone 1.78 acres of
the 7.62-acre parcel from E-1 (Estate) to E
(Estate).
• Create 3 additional lots, approx. ½ acre each (Lots 1-3).
• Remaining 5.83 acres is not included in this rezoning
request (Lot 4).
Staff seeks approval of the proposed 685 Peak
View Drive Zoning Map Amendment.
Review Criteria
Per the Estes Park Development Code, an
application for a Zoning Map Amendment shall be
reviewed for compliance with relevant standards and
criteria:
1. The amendment is necessary to address changes in
conditions in the areas affected.
2. The Development Plan, which the proposed amendment to
this Code would allow, is compatible and consistent with the
policies and intent of the Comprehensive Plan and with
existing growth and development patterns in the Estes Valley.
3. The Town, County or other relevant service providers shall
have the ability to provide adequate services and facilities
that might be required if the application were approved.
9
10
Page 71
10/3/2023
Review Criteria (Cont’d)
1. Changes in conditions in the areas affected.
– Housing Needs Assessment & Strategic Plan and
Estes Forward Comprehensive Plan was used to
evaluate changes in conditions in areas affected:
• Shortage of undeveloped and smaller lots to facilitate
additional housing development. Need to add additional
development and housing options (diversity of all types of
housing inventory), which is an ongoing change in
conditions that has steadily worsened for prospective
homeowners over the recent decades in Estes Park and the
Estes Valley.
• Land availability identified as major barrier- undeveloped,
residentially-zoned property is nearly nonexistent.
Review Criteria (Cont’d)
2. The proposed rezoning is compatible and
consistent with the policies and intent of Estes
Forward Comprehensive Plan, and is consistent
with existing growth and development patterns
nearby and throughout the area.
– Development Plan requirement was waived in lieu of Preliminary
Subdivision Plat (Submitted), per Section 3.3.B.1 of the EPDC.
– The Future Land Use map categorizes the subject property as
“Suburban Estate.” Recommendations (pg. 67) include:
• SF residential subdivisions with low to medium density.
• SF homes with accessory dwelling units (ADU).
• New homes should be appropriately scaled for compatibility with
existing neighborhood character.
• Medium sized SF homes on lots that are at least ¼ acre in size.
11
12
Page 72
10/3/2023
Review Criteria (Cont’d)
3. Service and utility providers have reviewed the
rezoning application and indicated they are able to
provide adequate services to this site.
Staff Findings
• Board of Trustees is the Decision-Making Body for the
685 Peak View Drive Zoning Map Amendment.
• The Estes Park Planning Commission voted to
recommend approval of the 685 Peak View Drive
Zoning Map Amendment at the regular public hearing
held on August 15, 2023.
• Request has been submitted to all applicable
reviewing agency staff for review.
• The 685 Peak View Drive Zoning Map Amendment
application complies with applicable standards set
forth in the EPDC.
13
14
Page 73
10/3/2023
Action Recommended
Staff recommends approval of the 685 Peak
View Drive Zoning Map Amendment
Sample Motion:
•I move that the Town Board of Trustees approve
Ordinance 08-23.
•I move that the Town Board of Trustees deny
Ordinance 08-23, finding that [state findings for denial].
•I move to continue the 685 Peak View Drive Zoning
Map Amendment to the next regularly scheduled
meeting. [State reasons for continuance].
15
Page 74
9/26/2023
Coyote Ridge Subdivision
685 Peak View Drive
Previous Concept Plan
1
2
Applicant Presentation
Page 75
9/26/2023
Current Concept Plan
Context Map
3
4
Page 76
9/26/2023
5
Page 77
Page 78
Page 79
Page 80
Page 81
Page 82
1
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1.MAYOR.
The next order of business will be the public hearing on PLANNING COMMISSION
ACTION ITEM 1.B. RESOLUTION 82-23 COYOTE RUN SUBDIVISION
PRELIMINARY PLAT, CMS PLANNING & DEVELOPMENT, INC., FRANK THEIS,
OWNER/APPLICANT.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2.STAFF REPORT .
Review the staff report.
Review any conditions for approval not in the staff report.
3.APPLICANT.
The applicant makes their presentation.
4.PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5.REBUTTAL.
The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
Page 83
2
6.MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
application.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7.SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8.DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9.VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
Page 84
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Kara Washam, Planner I
Date: September 26, 2023
RE: Resolution 82-23 Coyote Run Subdivision Preliminary Plat, CMS Planning
& Development, Inc., Frank Theis, Owner/Applicant
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing to consider an application for a proposed subdivision preliminary
plat to create four (4) lots in E-1 (Estate) and E (Estate) Residential Zoning Districts,
review the application for compliance with the Estes Park Development Code (EPDC),
and approve, deny, or continue the item.
Present Situation:
The subject property is 7.62 acres in size, described as a portion of Lot 1 of Dannels
Addition to the Town of Estes Park, filed in 1954. It is currently zoned E-1 (Estate), and
contains one single family residence, constructed in 1965. The Applicant purchased the
property in late 2022.
Proposal:
The Applicant proposes a four (4)-lot subdivision named Coyote Run Subdivision
(previously named Coyote Ridge Subdivision) for single-family residential use. Lots One
(1) through Three (3) will be approximately ½ acre each. Lot Four (4) will be approximately
5.83 acres and contains one existing single-family residence. The proposed rezoning
application, known as 685 Peak View Drive Zoning Map Amendment, has been submitted
for concurrent review with this subdivision application. The rezoning application proposes
rezoning 1.78 acres of the 7.62-acre parcel from E-1 (Estate) to E (Estate), which has a
minimum lot area requirement of ½ acre.
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Access to the proposed 1.78-acre parcel will be from Peak View Drive, and the existing
single-family home on the remaining 5.83-acre parcel will continue to utilize the driveway
from Peak View Drive, east of the proposed new access point.
Location and Context:
The subject property is located west of the intersection of Peak View Drive and Devon
Drive, approximately ¼ mile west of South Saint Vrain Avenue (State Highway 7).
Vicinity Map
Zoning Map
Page 86
Table 1: Zoning and Land Use Summary
COMPREHENSIVE PLAN ZONING USES
SUBJECT PARCEL Suburban Estate E-1 (Estate)Residential
NORTH Suburban Estate Unincorporated Larimer County Residential
SOUTH Suburban Estate E-1 (Estate)Residential
EAST Suburban Estate E-1 (Estate)Residential
WEST Neighborhood Village R (Residential) Residential
Project Analysis
Review Criteria:
Per the EPDC, Chapter 3 Review Procedures and Standards, Section 3.9.C.1., General,
"Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved,
and second, a final subdivision plat is approved and recorded."
Section 3.2 requires the Planning Commission review the preliminary plat and make a
recommendation to the Town Board, who is the final decision-making body. The final plat
is reviewed by the Town Board only.
All applications for subdivisions shall be reviewed by the EPPC and Town Board for
compliance with the relevant standards and criteria set forth below and with other
applicable provisions of this Code. In accordance with § 3.9.E. “Standards for Review” of
the EPDC, all subdivision applications shall demonstrate compliance with the standards
and criteria set forth in Chapter 10, "Subdivision Standards," and all other applicable
provisions of this Code.
Depending upon the project's complexity, this section may be a brief summary of the
standards of review or may involve a more detailed analysis of the criteria based on issues
relevant to any particular project.
A.Lots. The proposed Coyote Ridge Subdivision is a subdivision of Lot 1, Dannels
Addition. The four-lot subdivision includes three (3) lots approximately ½ acre each
with proposed zoning of E (Estate) and one (1) lot approximately 5.83-acres, zoned
E-1 (Estate). With approval of the concurrently reviewed 685 Peak View Rezoning
application, all lots meet applicable minimum zoning standards for the E (Estate)
and E-1 (Estate) Zoning Districts.
B.General. No subdivision application shall be approved unless it complies with all
of the following standards and criteria:
1.Relationship to Comprehensive Plan. The subject property is designated as
Suburban Estate in the Estes Forward Comprehensive Plan's Future Land Use
Map. This category " is intended for low to medium density single family residential
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development.” The Built Form of this category “typically consists of medium-sized
single-family homes on lots that are at least a quarter-acre in size… new homes
should be appropriately scaled for compatibility with existing neighborhood
character.” The proposed subdivision is consistent with the surrounding area and
with the recommendations of the Estes Forward Comprehensive Plan.
2.Geologic and Wildfire Hazard Areas. There are no Geologic or Wildlife Hazard
areas identified within this subdivision area.
3.Off-Site Utilities and Services.
a.Water. The Town of Estes Park will provide water service to the four
proposed lots. Town Utilities/Water has stated they can provide water with
service lines using existing mains in this area and has "no objection" to the
preliminary plat application.
b.Fire Protection. The Estes Valley Fire Protection District has reviewed this
proposal and has “no objection” to the preliminary plat application. Specific
requirements will apply to building permit applications.
c.Electric. Power and Communications has no objections to the proposed
zoning request.
d.Sanitary Sewer. The Upper Thompson Sanitation District (UTSD) provides
sewer services to the area. UTSD has no comments regarding the
preliminary plat application, and will make comments upon receiving and
reviewing a full set of drawings pertaining to the sanitary sewer.
e.Stormwater Drainage. The Applicant submitted a Preliminary Grading,
Drainage, Utility, and Erosion Control Plan and a Preliminary Drainage
Report. Public Works finds the submittal requirements substantially met,
and notes an erosion control plan sheet shall be required with the
construction plans for the subdivision.
4.Plans for Remainder Parcel(s).
Lot Four (4) of the proposed Coyote Ridge Subdivision contains one existing
single-family residence. No additional development is proposed at this time.
5.Orientation of Land Uses.
The proposed four (4) lot subdivision will be for residential use. The three (3)
smaller lots are situated on the western portion of the proposed subdivision, which
will create a buffer between the higher density residential development west of the
subdivision and the lower density of the adjacent areas.
6.Improvements.
All improvements required by the Code shall have been installed or the installation
of such improvements has been guaranteed with the provisions of this chapter. All
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improvements must be completely installed, upgraded or a guarantee filed with the
Staff prior to the approval of the final plat (EPDC Section 10.5.K.1.)
7.Reserved Strips Prohibited.
All rights-of-way shall be platted to the property line. However, there is no
dedication of public right-of-way associated with this subdivision plat.
A.Compliance With Zoning Requirements.
1.Grading and Site Disturbance. Limits of Disturbance. Section 10.5.B.2 of the
EPDC requires that limits of disturbance (LOD) be established with the subdivision
of land. With existing easements, proposed easements, and setback
requirements, the building area of each of the four (4) lots is limited to a specific
location. This establishes limits of disturbance for the subdivision.
2.Phasing Schedule
The construction of infrastructure (road & utilities) for the subdivision will begin
immediately upon Final Plat filing. The construction of houses will begin after
building permits are issued.
3.Open Space Area. The EPDC Section 4.3.D. requires residential subdivisions
containing five (5) or more lots to set aside a percentage of the gross land area for
open areas. The subdivision application proposes four (4) lots and is not subject
to this requirement.
4.Vegetation Protection. Subdivision design shall retain existing vegetation,
especially trees that provide natural screening and slope stability. Existing trees to
remain are shown on the preliminary plat.
5.Streets and Access. The proposed private road (Longs Drive) will provide access
to the three (3) newly created 1/2 acre lots. The road will include a 45-foot-wide
access easement and will be built to public road standards with curb and gutter. A
five-foot sidewalk will be built along the east side of the private road. The road shall
be dedicated to the public as part of future development plans on the original
parcel. The single-family home on Lot Four (4) will continue to use the driveway
that already serves the residence.
Review Agency Comments:
The preliminary plat application was referred out to all applicable review agencies for
comment. Agency comments were received by Staff, which have been addressed with
the revised plat submittal (attached). There are no outstanding issues.
Public Comments:
A neighborhood and community meeting regarding the rezoning and preliminary plat
project was held in the Estes Park Library, 335 East Elkhorn Avenue on July 3, 2023. The
meeting was well attended. There was significant opposition voiced by attendees at the
meeting. Numerous comments have been submitted. All comments are posted to:
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https://drive.google.com/file/d/10wduGydEe2PtnQxkTTS93rj64j7Np4Y6/view
Staff Findings:
Based on the foregoing, staff finds:
1. The Estes Park Planning Commission is the Recommending Body for the preliminary
plat.
2.The Town of Estes Park Board of Trustees is the Decision-Making Body for the
preliminary plat. Town Board approval of a Final Plat is also necessary to subdivide
the property.
3.The Estes Park Planning Commission voted to recommend approval of the preliminary
plat at the regular public hearing held on August 15, 2023 with the following conditions:
a.Provide grading for a temporary turn-around.
b.Update the stormwater plan to reflect grading.
c. Revise the stormwater plan with type R catch basins.
d.Verify downstream outflow ditches have adequate capacity.
e. Dedicate 25’ trail easement along the entire frontage of Peak View,
including lots 1 and 4.
4.The Applicant submitted revised plans and documents to address the conditions of
approval recommended by the Planning Commission. The revised plans and
documents were referred out to all applicable review agencies for comment. Staff finds
the revised submittal to be satisfactory and in compliance with the requirements of the
EPDC.
5.Adequate public/private facilities are currently available to serve the subject property.
6.This request has been submitted to all applicable reviewing agency staff for
consideration and comment.
7. The Coyote Run Subdivision Preliminary Plat application complies with applicable
standards set forth in the EPDC.
8.Approval of the Coyote Run Subdivision Preliminary Plat is contingent on approval of
the 685 Peak View Drive Zoning Map Amendment (rezoning).
Advantages:
This proposal is consistent with the standards of the EPDC, specifically: Section 3.9
“Subdivisions” and Chapter 10 “Subdivision Standards.” Approval of the Coyote Run
Subdivision Preliminary Plat would allow the Applicant to move forward with development
of a 4-lot residential subdivision, resulting in an increase in housing stock for the Estes
Valley.
Disadvantages:
None known.
Action Recommended:
Staff recommends approval of Resolution 82-23.
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Finance/Resource Impact:
Little or none.
Level of Public Interest
High. The Community Development Department has received numerous written public
comments or inquiries.
Sample Motion:
I move that the Town Board of Trustees approve Resolution 82-23.
I move that the Town Board of Trustees deny Resolution 82-23, finding that [state findings
for denial].
I move to continue Resolution 82-23 to the next regularly scheduled meeting, finding that
[state reasons for continuance].
Attachments:
1.Resolution 82-23
2. Application
3.Statement of Intent
4.Preliminary Subdivision Plat
5.Preliminary Drainage Report
6.Preliminary Grading, Drainage, Utility, Erosion Control Plan
7.Preliminary Road Plan
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RESOLUTION 82-23
A RESOLUTION APPROVING THE COYOTE RUN SUBDIVISION PRELIMINARY
PLAT
WHEREAS, an application for the Coyote Run Subdivision Preliminary Plat was
filed by CMS Planning & Development, Inc. (Owner/Applicant, 685 Peak View Drive);
and
WHEREAS, 1.78 acres of the subject 7.62-acre property is zoned E (Estate) and
the remaining 5.83 acres of the subject 7.62-acre property is zoned E-1 (Estate); and
WHEREAS, the Coyote Run Subdivision Preliminary Plat proposes a subdivision
to create four (4) lots in E-1 (Estate) and E (Estate) Residential Zoning Districts; and
WHEREAS, a public hearing, preceded by proper public notice, was held by the
Board of Trustees on September 26, 2023 and at said hearing all those who desired to
be heard were heard and their testimony recorded; and
WHEREAS, the Board of Trustees finds the applicant has complied with the
applicable requirements of the Estes Park Development Code; and
WHEREAS, approval of this resolution for the Coyote Run Subdivision
Preliminary Plat is contingent on approval of Ordinance 08-23, rezoning 1.78 acres of
the subject property from E-1 (Estate) to E (Estate).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Coyote Run Subdivision Preliminary Plat is hereby approved, effective upon
the effective date of Ordinance 08-23.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
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Attachment 2
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Page 94
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__________________________________________________________________________________________________________________
CMS PLANNING & DEVELOPMENT P.O. BOX 416 ESTES PARK, COLORADO 80517 (970) 231-6200
STATEMENT OF INTENT
Preliminary Plat of Coyote Ridge Subdivision in Estes Park, Colorado
CMS Planning & Development, Inc. - Applicant
Prepared on 6/26/23
The subject property is 7.62 acres located at 685 Peak View Drive, on the north side of
Peak View Drive and approximately 1/3 mile west of South Saint Vrain (Highway 7) in
Estes Park, Colorado. It is currently zoned E-1, which allows 1-acre minimum single-family
residential lots. The Applicant is proposing to rezone approximately 1.8 acres on the west
end of the property to E, which allows ½-acre minimum single-family residential lots, and
subdivide it into three ½-acre lots.
Access
All three of the new single-family lots access onto a private road in a 45 foot-wide access
easement. This private road, which will be built to public road standards with curb &
gutter and a five-foot wide sidewalk, provides access onto Peak View Drive across from
Longs Drive. A preliminary traffic analysis, as required by the Town Engineer, is included
with this application.
Drainage
A Drainage Plan for the proposed subdivision is included with this application.
Utilities
Underground electric and water mains will be extended to the new subdivision from
locations near the intersection of Devon Drive and Darcy to the subject property. The
water main will loop to a connection across Peak View on Longs Drive. A new fire hydrant
will be installed on the new private road. A sewer main will extended along Peak View
Drive from the west to the subject property.
Phasing Schedule
The construction of infrastructure (road & utilities) for the subdivision will begin
immediately upon Final Plat filing. The construction of houses will begin as soon as
building permits can be issued.
Standards For Review
This Preliminary Plat meets all the requirements outlined in the Estes Park Development
Code Chapters 3 and 10.
Attachment 3
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Attachment 4
Page 97
Attachment 5
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2
The intent of this report is to follow the Preliminary Drainage Report requirements of the
Larimer County Stormwater Design Standards. While Larimer County is in the process of
updating the Stormwater Design Standards (2023), this historic (2005) format is used here.
1. Existing Conditions, on and off site:
This preliminary drainage narrative of storm-water drainage on, over and across Lot 1 of the
Dannels Addition to the Town of Estes Park, aka 685 Peak View Drive includes a description of
both existing and proposed drainage for the proposed 5 lot Subdivision being submitted on 6-21-
23.This preliminary drainage narrative/report is intended to estimate existing and potential
storm run-off considerations and is not a final drainage narrative/report. It is to identify potential
run-off issues that might be associated with future development in the proposed subdivision.
Only the western portion of the parcel is proposed for division, so it is the only area with
drainage impacts addressed here. Included within the narrative is a Basin Map and an overall
qualitative drainage analysis including a description and map of the existing site with existing
drainage and the proposed development’s impact on on-site drainage.
2. Nearby Irrigation or Stormwater Facilities:
There are no irrigation facilities, nor man made stormwater facilities near the subject site. The
proposed development will have no effect on the hazard rating of any reservoirs in the area.
3. Peak flows entering and leaving the development:
The attached Basin Map shows that the origin of site generated flows is adjacent to or within the
subject parcel. Devin Drive cuts off the upstream basin and water is directed down the north side
of Devin Drive. There are eroded paths along that route, however, this proposed development
does not impact or have any influence on that area of Devin Drive or above it in grade. There
are no offsite concentrated flows through the proposed subdivision. Calculations are included for
minor and major, undeveloped and developed out flow from the basin. The evaluation point of
these calculated flows is the culvert inlet on the northern side of Peak View and west side of
Twin Drive. There is an 18” culvert there that passes water under Peak View. Given the inlet of
said culvert is silted in, for this analysis, a length of 40’ was assumed and a slope of 2% was also
assumed. The Town has cleared the inlet of this culvert recently, however at present, it is silted
in and not identifiable in the field. Although outflow from this area eventually makes it to Fish
Creek, the flow path all the way down to Fish Creek was not traced out completely for this
preliminary report.
4. Drainage Plan
The attached Grading and Drainage Plan shows a road in the south western area of the subject
property. This road will bisect and change the sheet flow regime (NW to SE) that exists across
the property. Outfall from the road and curb-gutter will be directed to a beaver slide and/or catch
basin that will outlet to the existing ditch on the northern side of Peak View Avenue (the historic
flow path). Contouring shown is from field surveying. Curb and gutter is proposed on both
sides of the proposed road. Finish floor elevations for the proposed structures will be determined
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3
at building permit and will be based on site specific considerations and structure locations. The
site is currently developed with one building and some impervious surfaces around that building
(single family home) and it also includes a gravel driveway off of Peak View Avenue.
According to County records, the home was constructed in 1965. The existing structure and
driveway is not proposed to be changed with this subdivision. As shown, four additional lots are
proposed along the west edge of the existing 7 Acre parcel. The proposed lots meet the
minimum lot size for E Estate zoning with 15% open space (at least 18,731 s.f. or 0.43 Acres
each). Each of the four lots are assumed to contain approximately 3,000 s.f. of impervious area
and the proposed access road to serve the lots contains approximately 8,000 s.f. of asphalt or
concrete area. The overland drainage down to the proposed road will not change, and the
proposed road will collect the drainage and direct it to the intersection of Peak View Drive which
will outfall the collected drainage to the existing shallow road-side ditch along Peak View which
serves as a water quality feature described later in a final report with capacities.
Two important resultant calculation parameters are included in this report as follows:
Historic outfall at above mentioned culvert entrance:
10 Year undeveloped Q = 1.70 c.f.s.,
50 Year undeveloped Q = 7.32 c.f.s.,
100 Year undeveloped Q = 10.96 c.f.s.
and,
10 Year developed Q = 2.73 c.f.s.,
50 Year developed Q = 9.36 c.f.s.,
100 Year developed Q = 13.63 c.f.s.
Downstream of the project are two outfall ditches. One west of Longs Drive and one
near/adjacent to Twin Drive. Both outfall ditches carry water from the site and have capacity for
the small increase in flow that will be generated from the four new lots and access road and turn
around as described in the submittal. Both pipes are semi silted in at present. The western pipe
will see an insignificant or no increase in flow from the development, however, the eastern pipe
will see about 1.03 c.f.s. increase in the 10 year storm and 2.67 c.f.s. of increase in the 100 year
storm. The capacity of the eastern pipe (11.21 c.f.s.) is well above the 10 and 50 year storm flow
capacity predictions. The eastern pipe outfall does not show significant erosion and is grass
lined with varying ditch capacities (depths) for the off-site run down to Highway 7. See
spreadsheet calculations at the end of this report. Further development of Lot 5 (likely in the
future) is anticipated to require detention and water quality features to be designed.
5. Preliminary Calculations
The attached calculations are for only one sub-basin, as shown on the Basin Map included.
These calculations are provided relative to the impact of construction of the proposed road and
four residences. This Basin outfall is anticipated to increase about 20% in the 100 year storm
given the proposed impervious coverage and outfall route/regime changes. Capacities will be
provided for curb, gutter, inlet(s) and ditches with the Final Drainage Report. The preliminary
calculations included show that the site (past and future) is able to adequately handle flows
between the 50 and 100 year storm frequency over the upstream basin.
6. Soil Reports
NRCS soil type D has been used for this analysis, no specific soils testing has been undertaken.
Based on work in the area, there are no anticipated complications due to subsurface drainage.
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Attachment 6
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Attachment 7
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Page 104
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Reuben Bergsten, Utilities Director
Jacqueline Wesley, P.E., Acting Water Superintendent
Date: September 26, 2023
RE: Resolution 83-23 Contract to Purchase Vacant Land for Raw Water
Redundancy to Marys Lake Water Treatment Plant (MLWTP), Not
Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The objective is to increase the reliability of future raw water supply by constructing a
new raw water source from the Big Thompson River.
Present Situation:
The 2015 Water Master Plan identified the need for a redundant and reliable water
supply at our water treatment plants so that one or both can operate year-round. The
Town Board included this need in their 2023 Strategic Initiatives. Currently, the MLWTP
relies on the raw water from the Alva B Adams tunnel. Every year, we have to shut
down the Marys Plant when the Bureau of Reclamation takes the tunnel out of service
or when algae blooms create untreatable taste and odor issues.
The preliminary engineering work, Attachment 2, diverts water from the Big Thompson
at Marys Lake Road and routes the raw water pipeline up Marys Lake Road. Land is
required to build raw water pump stations along the pipeline route.
A vacant lot is for sale along Marys Lake Road, parcel #3535400012, legally described
by the County Assessor as:
BEG PT ON WRLY LN SE WH BEARS N 2 4' E 321.93 FT FROM S 1/4
COR 35-5-73, N 2 4' E 643.86 FT, N 89 45' 30 E 259.19 FT, S 20 1' W
71.14 FT, TH ALG ARC 282.25 FT RAD CUR L, 241.47 FT, L/C S 4 29'
30" E 234.17 FT, S 29 E 391;
This lot is outlined on page two of attachment two and is an excellent location to build a
raw water pump station.
Page 105
Proposal:
Staff recommends purchasing the vacant lot to construct a future raw water pump
station. We recommend reallocating $400,000 from the canceled Glacier Storage Tank
baffling project (GCTANK). The Glacier Storage Tank baffling project ($1,000,000) is no
longer needed because Acting Water Superintendent Wesley and Water Supervisor
Northcutt successfully worked with the Colorado Department of Public Health and
Environment to establish a seasonal compliance point.
Advantages:
Owning this land will give us the ability to build a pump station, which is a big advantage
in achieving the Town's strategic goal of raw water supply redundancy.
Disadvantages:
The cost of this lot is high, but real estate prices tend to increase over time, so this
purchase is a good investment.
Action Recommended:
Staff recommends the Town Board approve the purchase of this land.
Finance/Resource Impact:
$400,000 reallocated from the canceled Glacier Storage Tank (GCTANK) project.
Level of Public Interest
Low
Sample Motion:
I move for the approval of Resolution 83-23
Attachments:
1.Resolution 83-23
2.Contract to Buy and Sell Real Estate
3.Marys Raw Water Conceptual Design, Alternative 2
4.Marys Redundant Raw Water Concept Design
Page 106
RESOLUTION 83-23
A RESOLUTION APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE
WITH MARY MCVICAR, HELEN MCVICAR, AND BRUCE LAMONT, FOR THE
PURCHASE OF VACANT LAND ON MARYS LAKE ROAD FOR RAW WATER
REDUNDANCY TO MARYS LAKE WATER TREATMENT PLANT
WHEREAS, the Town of Estes Park 2015 Water Master Plan identified the need
for a redundant raw water source to the Marys Lake Water Treatment Plant; and
WHEREAS, the Strategic Goals of the Town Board of Trustees include
increasing raw water supply security and redundancy by obtaining new raw water from
the Big Thompson River; and
WHEREAS, land is required to construct pump stations to push Big Thompson
water to the Marys Lake Water Treatment Plant; and
WHEREAS, for sale is a vacant lot which can be used to construct a pump
station; and
WHEREAS, said vacant lot is legally described by the County Assessor as:
BEG PT ON WRLY LN SE WH BEARS N 2 4' E 321.93 FT FROM S 1/4
COR 35-5-73, N 2 4' E 643.86 FT, N 89 45' 30 E 259.19 FT, S 20 1' W
71.14 FT, TH ALG ARC 282.25 FT RAD CUR L, 241.47 FT, L/C S 4 29'
30" E 234.17 FT, S 29 E 391; and
WHEREAS, the Town desires to purchase the property, acting by and
through the Town’s Water Activity Enterprise.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. The Board approves and authorizes the Mayor to sign the agreement
referenced in the title of this resolution in substantially the form now before the Board.
The Board authorizes the Town Administrator or his designee to approve all further
documents and ancillary agreements as may be necessary to complete the purchase
and sale.
Section 2. The Board repeals all resolutions or parts of resolutions in conflict
with this resolution, but only to the extent of such inconsistency.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 107
CONTRACT TO BUY AND SELL REAL ESTATE
PARCEL NO. 3535400012 ON MARY’S LAKE ROAD
1 SELLER DEFINED. As used in this Contract, the term, Seller, includes, jointly and
severally, every person named below as a Seller. Singular references to Seller include the plural
and plural references to Sellers include each individual Seller. Seller includes Mary Mcvicar,
Helen Mcvicar, and Bruce Lamont.
2 PURCHASE AND SALE. Subject to the following provisions, the Town of Estes Park,
Colorado, a municipal corporation, acting on behalf of its Water Activity Enterprise (Purchaser),
agrees to buy, and Seller agrees to sell, the Property on the terms and conditions stated in this
Contract.
3 RECEIPT & PROPERTY. Seller named below has received or shall receive from
Purchaser $5000, in the form of a Town of Estes Park check, which the Town’s selected Title
Insurance Company shall hold in an interest-bearing escrow or trustee account, as earnest money
and part payment for the following described real estate in the County of Larimer (Property), to
wit:
Parcel number 3535400012, Colorado, to wit: BEG PT ON WRLY LN SE WH BEARS
N 2 4' E 321.93 FT FROM S 1/4 COR 35-5-73, N 2 4' E 643.86 FT, N 89 45' 30 E
259.19 FT, S 20 1' W 71.14 FT, TH ALG ARC 282.25 FT RAD CUR L, 241.47 FT, L/C
S 4 29' 30" E 234.17 FT, S 29 E 391
together with all easements and rights of way appurtenant to the Property, and all improvements
on the Property.
4 PRICE. The purchase price shall be $340.000.00 (including the $5,000.00 earnest money
described above), payable as follows: The earnest money as part payment as described
above, and the balance to be paid by Town of Estes Park check at closing.
4.1 The price includes payment for the following personal property: None
to be conveyed by bill of sale at time of closing in their present condition, free and clear
of all personal property taxes, liens and encumbrances, except: None
5 CLOSING. The parties shall close this Contract on November 17, 2023, or another date
to which the parties may agree. Purchaser shall set the hour and place of closing. Closing agent
shall place the earnest money and part payment in an interest-bearing escrow or trustee account
and shall pay the interest to Seller. Except as otherwise agreed, the Purchaser shall pay any
Attachment 2
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2
closing or escrow costs or fees, including costs of drafting the deed of conveyance, documentary
stamps and recordation.
6 TITLE INSURANCE. At least twenty (20) days before closing, Purchaser shall secure,
from a title insurer of Purchaser's choosing and at Purchaser's sole expense (including any
necessary surveying expenses), a current ALTA owner's title insurance commitment for the
Property, copies of all instruments and documents identified as creating insurance exceptions
Title Documents), and a current Treasurer's Certificate of Taxes due on the Property. The title
insurer shall commit to delete from the policy its standard printed insurance exceptions
concerning interests or claims not of record; easements or encumbrances not of record;
unpatented mining claims, reservations or exceptions; liens for labor, service, or materials not of
record; details reflected by a survey and inspection of the Property; and defects or encumbrances
created or appearing of record after the title insurance commitment. Purchaser shall give Seller
written notice of unmerchantable title or of any other unsatisfactory title condition shown by any
new, revised or updated title insurance commitment or Title Documents within 10 days after
receiving the title insurance commitment and any referenced Title Document, or by the closing
date.
6.1 RIGHT TO CURE. If Purchaser gives notice of unmerchantable title or any other
unsatisfactory title condition as provided above, Purchaser, at Purchaser's sole option,
may either terminate this Contract or require Seller to use reasonable efforts to correct
said unsatisfactory title condition(s) before the closing date. If Seller, after notice that
Purchaser requires it, fails to cure unsatisfactory title condition(s) by the closing date, this
Contract shall terminate, unless Seller receives Purchaser's written notice, by the closing
date, that Purchaser waives its objection, and elects to close this Contract. If Purchaser
terminates this Contract under this paragraph, Seller and closing agent shall promptly
refund all amounts paid by Purchaser toward the Purchase price, and the parties shall
have no further obligation or liability to each other. Purchaser may, at its sole option and
its sole expense, either purchase or decline the title insurance under this paragraph.
7 TITLE AND EXCEPTIONS. Except as stated in this Contract, Title shall be good and
merchantable in Seller. Subject to Purchaser's payment or tender, as above provided, and
Purchaser's compliance with the other terms of this Contract, Seller shall execute and deliver to
Purchaser a good and sufficient general warranty deed, in a form acceptable to the Purchaser by
the closing date, conveying the Property free and clear of all taxes and liens (including liens for
special improvements installed as of the date of Purchaser's signature on this Contract, whether
assessed or not) and other encumbrances, but subject to applicable building and zoning
regulations.
8 ENCUMBRANCES. Closing agent may use the proceeds of this transaction or any other
of Seller’s funds to remove any encumbrance not permitted by this Contract at closing.
However, if the total obligations secured by liens or encumbrances exceed the purchase price,
then this Contract, at the election of Purchaser, shall become void and of no effect. Such election
Page 109
3
shall release each party from their respective obligations to buy and sell, and Seller and closing
agent shall return to Purchaser all payments and other things of value given under this Contract.
9 CLOSING ADJUSTMENTS. The closing agent shall apportion general taxes for the
year of closing (based on the most recent levy and the most recent assessment) to date of
delivery of deed. Closing agent shall deduct from Seller's funds, and pay to the County Treasurer
under C.R.S. 39-3-132, Seller's prorated share, based on the prior year's taxes. The proration
shall be a final settlement of taxes. Purchaser shall be responsible for any sales and use tax that
may accrue because of this transaction.
10 POSSESSION. Purchaser shall take possession of the Property upon closing.
11 DEFAULT. Time is of the essence. If any note or check given as earnest money or any
other payment due under this Contract is not paid, honored or tendered when due, or if any party
fails to perform any other obligation under this Contract, the parties shall have the following
remedies:
11.1 IF PURCHASER DEFAULTS, then Purchaser shall forfeit to Seller all payments
and things of value given under this Contract, including interest accrued on the escrowed
earnest money and part payment, and both parties shall then be released from all further
obligations under this Contract. Such payments and things of value forfeited are
LIQUIDATED DAMAGES and not a penalty and, except as this Contract otherwise
expressly states, are Seller’s SOLE AND ONLY REMEDY for the Purchaser's failure to
perform under this Contract. Seller expressly WAIVES THE REMEDIES OF SPECIFIC
PERFORMANCE AND ADDITIONAL DAMAGES.
11.2 IF SELLER DEFAULTS, Purchaser may, in its sole discretion: (1) treat this
Contract as terminated, in which case Seller and closing agent shall return all payments
and things of value given hereunder (including interest accrued on the escrowed earnest
money and part payment) to Purchaser, and Purchaser may pursue and recover such
damages as may be proper; (2) treat this Contract as in full force and effect, in which case
Purchaser shall have the right to specific performance or damages, or both; or (3) begin
eminent domain proceedings and claim full credit against any just compensation award
for any payments or things of value given under this Contract. If the Purchaser pursues
eminent domain, this Contract shall conclusively establish good faith negotiations
between the parties, and Purchaser's inability to obtain the Property through such good
faith negotiations. The entire just compensation for taking the subject property, including
any damages to any remainder of Seller’s property, shall be the purchase price in this
Contract and, upon deposit of that price, Purchaser shall have immediate possession of
the property.
12 SELLER’S WARRANTIES. Except as this Contract otherwise expressly states, Seller
represents and warrants, as of Seller’s signature, and as of the closing date, that the following are
true and correct:
Page 110
4
12.1 AUTHORITY. Seller has the full right, power and authority to transfer and
convey the Property, as provided in this Contract, and to carry out Seller’s obligations
under this Contract and Seller, if not a natural person, is a corporation, partnership,
limited partnership, limited liability company or other entity validly existing and in good
standing under the laws of the State of Colorado, and that Seller’s signature below is fully
authorized and binding upon Seller;
12.2 CONTRACT NOT PROHIBITED. Neither the execution of this Contract nor its
consummation constitutes, or will result in, any breach of any of the terms, conditions or
provisions of, or is a default under, any indenture, charter, bylaw, mortgage, loan
agreement, lien, lease, license, judgment, decree, order, instrument or other verbal or
written agreement, covenant or restriction to which Seller is a party or is subject or to
which the Property is subject;
12.3 TITLE. Seller has good and merchantable title to the Property and all the assets,
properties, rights and interests pertaining to the Property, free and clear of all liens and
encumbrances, except as provided herein, and there exist no restrictions on the right of
Seller to transfer the Property and to convey good title to Purchaser according to this
Contract;
12.4 DOCUMENTS. Every document, schedule, item and other information Seller has
delivered or will deliver or make available to the Purchaser for inspection under this
Contract will be true, accurate and correct;
12.5 NO SPECIAL ASSESSMENTS. No special assessments now burden or
encumber the Property and Seller knows of no special assessments currently proposed for
the Property;
12.6 NO LEASES. Except as provided in this Contract, no leases, tenancies or rental
agreements cover any part of the Property, or Seller will lawfully terminate any such
arrangements before the closing date provided in this Contract;
12.7 NO EASEMENTS. Seller has not granted or created, and has no knowledge of
any third parties who may have the right to claim or assert any easement, right-of-way or
claim of possession not shown of record, whether by grant, prescription, adverse
possession or otherwise, as to any part of the Property;
12.8 NO LITIGATION. There is no litigation pending (or to Seller’s knowledge
threatened) against or concerning any part of the Property; nor does Seller know of or
have reasonable grounds to know of any basis for any such action;
Page 111
5
12.9 NO CONDEMNATION. Seller has no knowledge of any pending or threatened
condemnation or eminent domain proceeding concerning any part of the Property, except
by Purchaser;
12.10 NO VIOLATIONS OF LAW. Seller has received no notice of, and to the best of
Seller’s knowledge, there are no violations of any laws, orders, regulations or
requirements of any governmental authority affecting any part of the Property;
12.11 NO COVENANT VIOLATIONS. Seller has received no notice of default or
breach under any covenant, condition, restriction, right-of-way or easement affecting any
portion of the Property; no such default or breach now exists or will exist on the date of
closing; and no event has occurred and is continuing which, with or without notice or the
passage of time, will constitute such a default or breach.
13 POLLUTION. Seller warrants as follows:
13.1 NO LANDFILL. No part of the Property has ever been used as a land fill, and no
materials have ever been stored or deposited upon the Property that would, under any
applicable governmental law or regulation require treatment of the Property or removal of
materials from the Property before use of the Property for any otherwise lawful purpose;
13.2 NO POLLUTION. (i) the Property is not contaminated with any hazardous
substance; (ii) Seller has not caused and will not cause, and to the best of Seller’s
knowledge, there has never occurred, the release of any hazardous substance on the
Property; (iii) the Property is not subject to any federal, state or local “superfund” lien,
proceedings, claim, liability or action, or the threat or likelihood thereof, for the cleanup,
removal, or remediation of any such hazardous substance; (iv) there is no asbestos on the
Property, the Property complies with the requirements of the Occupational Health and
Safety Administration of the U.S. Department of Labor (OSHA) asbestos standards, and
Seller will, at least twenty days before closing, provide Purchaser all records the OSHA
asbestos standards (29 C.F.R. Parts 1910, 1915, and 1926) require; (v) there is no
underground storage tank on the Property; (vi) by acquiring the Property, Purchaser will
not incur or be subject to any “superfund’ liability for the cleanup, removal or
remediation of any hazardous substance from the Property or any liability, cost, or
expense for the removal of any asbestos or underground storage tank from the Property.
The terms “hazardous substance”, “release” and “removal” shall have the same meaning
and definitions as in 42 U.S.C. Section 9601; provided, however, that the term
hazardous substance” as used herein also shall include “hazardous waste”, as defined in
42 U.S.C. Section 6903 and “Petroleum”, as defined in 42 U.S.C. 6991. The term
superfund” means the Comprehensive Environment Response, Compensation and
Liability Act, as amended, 42 U.S.C. Section 9601, et seq., as amended, and any similar
state statute or local ordinance applicable to the Property, and all rules and regulations
promulgated, administered or enforced by any governmental agency or authority. The
Page 112
6
term “underground storage tank” shall have the same meaning and definitions as in 42
U.S.C. section 6991.
14 INDEMNIFICATION. Seller will indemnify, defend, and hold Purchaser harmless from
and against all claims, demands, liabilities, damages, suits, actions, judgments, fines, penalties,
losses and expenses (including, without limitation, attorney fees) arising or resulting (directly or
indirectly) from the untruth or inaccuracy of any representations or warranties or the breach of
any covenants or warranties.
15 CASUALTY. In case of substantial damage to the Property by fire, flood or casualty
between the date of this Contract and the date of closing, Purchaser may declare this Contract
void and of no further force or effect; and the parties to this Contract shall be released from all
obligations under this Contract; and Seller and closing agent shall refund to Purchaser the full
amount paid to Seller.
16 TERMINATION. Besides all other rights and remedies of the Purchaser and Seller, as
stated in this Contract, Purchaser shall have the right to terminate this Contract, if any
representations or warranties of Seller stated in this Contract are not true and correct as of the
closing date.
17 REAL ESTATE COMMISSION. Purchaser shall incur no real estate commission due
upon closing, or as a condition of closing.
18 PROPERTY TO REMAIN UNENCUMBERED. Seller will not, while this Contract is
effective, encumber or burden any part of the Property.
19 CONTRACT TO SURVIVE CLOSING. Except such of the terms, conditions, covenants
and agreements under this Contract which are, by their very nature, fully and completely
performed upon the closing of the purchase and sale, all of the terms, conditions, representations,
warranties, covenants and agreements stated in this Contract shall survive the closing and shall
continue, after closing, to be binding upon and inure to the benefit of the parties, their heirs,
successors and assigns.
20 ADDITIONAL DOCUMENTS. The parties agree to execute any additional documents
necessary to carry out the purposes of this Contract, consistent with its terms, including but not
limited to assignments of all rents and royalties under any existing mineral or other leases. In
addition, for any lease permitted under this Contract, Seller will furnish Purchaser, before
closing, with estoppel certificates from each tenant, verifying the terms of the lease, that the lease
is in good standing, and that neither party to the lease is in default.
21 GOVERNING LAW. The law of the State of Colorado shall govern interpretation,
construction and enforcement of this Contract. Venue shall lie only in Larimer County,
Colorado.
Page 113
7
22 CONSTRUCTION. In this Contract, words of the masculine gender include the feminine
and neuter gender and words of the neuter gender refer to any gender. Words in the singular
include the plural and vice versa. This Contract shall be construed according to its fair meaning,
as if prepared by both parties, and not in favor of or against either party. This document and any
other documents incorporated by reference contain the entire understanding and agreement
between the parties. There are no other terms, conditions, promises, understandings, statements
or representations, expressed or implied, concerning the subject of this Contract unless stated in
writing and signed by both parties.
23 INSPECTION. The Purchaser or any person Purchaser designates may make inspections
of the physical condition of the Property and the improvements, at Purchaser’s expense. Such
inspections may include, but are not limited to, inspections for appraisal and compliance with
environmental protection, pollution or land use laws, ordinances, rules, and regulations and for
the disposal or existence, in or on the Property, of any pollution or hazardous substance. Such
inspections may include reasonable sub-surface boring and excavation. If Purchaser gives
written notice of unsatisfactory condition of the physical condition of the Property and any
improvements, as determined in Purchaser’s sole discretion, by five days before closing, Seller
shall either cure such conditions, or this Contract shall then terminate. Upon such termination,
Seller and closing agent shall return to Purchaser all payments and things of value received
hereunder by Seller, including interest accrued on the escrowed earnest money and part payment.
Purchaser is responsible and shall pay for any physical damage to the Property and the
improvements as a result of such inspections.
24 APPRAISAL. Purchaser shall have the sole option and election to terminate this
Contract if the purchase price exceeds the Property’s valuation, as determined by an appraiser
engaged by Purchaser. This Contract shall terminate if Purchaser causes Seller to receive written
notice of termination and either a copy of such appraisal or a written statement from the
appraiser confirming valuation less than the purchase price by the closing date. In case of
termination under this paragraph, Seller and any closing agent shall promptly return to Purchaser
all payments and things of value given under this Contract.
25 SUBDIVISION. Purchaser shall seek and obtain, before closing, any subdivision
exemptions or other government approvals necessary for legal conveyance, according to this
Contract and shall record the approved subdivision plat or other approval documents according
to law. Seller shall, at no additional expense to Seller, cooperate with the Purchaser in securing
such approvals, including, without limitation, timely signing all applications, submittals, maps,
plats, deeds or other documents requiring Seller’s signature. Purchaser may, at its sole option,
postpone the closing date specified above up to one hundred and eighty days after the date of the
last signature to this Contract, to obtain any such necessary exemptions or approvals. If it has
not secured necessary exemptions or approvals within that time, Purchaser may either terminate
this Contract, or institute eminent domain for the Property and obtain a court order, claiming a
credit against any compensation award for any payments or things of value given under this
Contract.
Page 114
8
26 SELLER’S WARRANTIES SUBJECT TO PURCHASER’S ACTIONS. Seller’s
warranties are subject to any encumbrances, restrictions, and rights to possession or exceptions
to title created by Purchaser.
27 COUNTERPARTS. This Contract may be executed in counterparts, which together
constitute one instrument.
28 ADDITIONAL PROVISIONS.
28.1 Earnest money stated in Section 3 above will be delivered within 3 business days
following the signing of this Contract by all parties.
Dated this day of 2023.
TOWN OF ESTES PARK, COLORADO, ACTING ON BEHALF OF ITS WATER ACTIVITY
ENTERPRISE.
MAYOR
ATTEST:
TOWN CLERK
APPROVED AS TO FORM:
TOWN ATTORNEY
Page 115
9
SELLER
Mary Mcvicar, Seller
Seller's mailing address:
ACKNOWLEDGMENT
State of )
ss:
County of )
The foregoing instrument was acknowledged before me this ______ day of
2023 by .
Name of person acknowledged, i.e. signing agreement)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 116
10
Helen Mcvicar, Seller
Seller's mailing address:
ACKNOWLEDGMENT
State of )
ss:
County of )
The foregoing instrument was acknowledged before me this ______ day of
2023 by .
Name of person acknowledged, i.e. signing agreement)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 117
11
Bruce Lamont, Seller
Seller's mailing address:
ACKNOWLEDGMENT
State of )
ss:
County of )
The foregoing instrument was acknowledged before me this ______ day of
2023 by .
Name of person acknowledged, i.e. signing agreement)
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 118
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JOB NUMBER:
PRINTED: 04/07/2015
DESIGNED BY: RB/JB
DRAWN BY: REN
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Page 119
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Page 121
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MEMORANDUM
Date: April 9, 2014
To: Reuben Bergsten, Estes Park Utilities Director
Jeff Boles, Estes Park Water Superintendent
From: Rebecca Norton, InVision GIS, LLC
CC: Jill Fischer, InVision GIS LLC
Re: Marys Raw Water Conceptual Design ‐ DRAFT
Introduction
The purpose of this memorandum is to summarize the conceptual design assumptions
associated with two raw water pipeline alternative alignments for the Town of Estes Park
(Town). The included plan and profile drawings consist of the two different raw water
alignment options. In order to assist with pipe sizing and future conceptual evaluations, the
following design assumptions were made based on discussions with Town staff and the
executive summary of the Town of Estes Park Draft Final Comprehensive Water Master Plan
(Master Plan Summary) dated December 19, 2014.
Existing Facilities & Water Rights
The Town has two water treatment plants, Glacier Creek Water Treatment Plant (GCWTP) and
Marys Lake Water Treatment Plant (MLWTP), neither of which operates for the entire year. As
shown in the attached Diversion Locations and Water Rights Map (Diversion Map), GCWTP is
located along Glacier Creek inside the YMCA property. MLWTP is located near Marys Lake next
to the CBT system line. GCWTP is an older, conventional treatment facility while the MLWTP is
a newer facility that utilizes membrane technology. Each facility has different strengths and
weaknesses, requiring the use of both plants throughout the year to serve the Town’s water
demands. Table 1 below summarizes the water rights, time of operation as well as strengths
and weaknesses for each facility.
Attachment 4
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Table 1 – Summary of Water Treatment Plant Characteristics
Glacier Creek WTP Marys Lake WTP
Plant Capacity Plant Capacity
3 MGD 4 MGD
Time of Operation Times of Operation
April to October January to April
July to December
Total Water Rights Total Water Rights
Annual Est. Firm Yield =
Daily Limit =
2,896 AF
2.59 MGD
Annual Est. Firm Yield =
Daily Limit =
1,258.5 AF
None for CBT & Windy
Gap Allotments
Strengths Weaknesses Strengths Weaknesses
▪Lower maintenance
costs for filters
▪High turbidity spring
runoff
▪High precipitation
watershed runoff
events
▪Low alkalinity
▪Low temperature
▪Need more pre‐
treatment capacity
▪Defensible space
▪Plant ingress/egress
for wildfires and
chemical delivery
▪Need backwash pond
▪Need utility services
▪New membrane
technology
▪Fewer daily
restrictions on water
rights
▪Seasonal algae blooms
▪Adams tunnel
maintenance shut
downs
▪Need more sewer taps
▪Need pre‐treatment
Water Demands for 2014 & 2034
According to Table 3 of the Master Plan Summary, the projected 2034 average potable water
demand ranges from 2.5 to 2.7 MGD and the projected peak demand ranges from 4.4 MGD to
4.7 MGD. Approximately 2,348 AF per year of raw water will be required to meet the projected
2034 demands. The Master Plan Summary did not state the 2014 average daily demand or the
peak demand. However, based on the population numbers for 2014 and 2034 and the water
usage rates used for the 2034 average daily and peak demands, the 2014 average daily demand
is estimated to be around 2.2 MGD and the peak demand around 3.5 MGD. As shown on the
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Diversion Map, 1,628 AF of raw water was treated in 2014. Table 2 below summarizes the
water demands for 2014 and 2034.
Table 2 – Water Demand Summary
2014 2034
Average Demand 2.2 MGD* 2.5 to 2.7 MGD
Peak Demand 3.5 MGD* 4.4 to 4.7 MGD
Annual Raw Water Demand 1,628 AF 2,348 AF
*Note: The actual average and peak demands for 2014 were not available in the Executive Summary
of the Master Plan. The values shown were estimated based on data available.
Neither water facility has enough water rights to serve the entire Town by itself. The 2014 raw
water requirement exceeds the annual estimated firm yield available at MLWTP. Although
GCWTP has enough annual firm yield to meet the 2014 and 2034 raw water requirements, it
cannot meet the peak demands due to the daily limitations of the water rights in the vicinity of
GCWTP. Even the estimated 2014 peak demand exceeds the daily limit available at GCWTP.
Design Basis
The Master Plan Summary states that a total plant capacity of 5.0 MGD will be able to supply
the Town’s peak demands in 2034. The two water treatment plants have a combined capacity
of 7.0 MGD. The current needs of the water system require each plant to operate during
different times of the year with both plants operating simultaneously during the summer
months to meet the peak season water demands. Town staff is concerned about the rising
costs of maintaining two separates plants, especially with respect to regulatory upgrade
requirements. The Town also has additional costs associated with shutting down and starting
up each plant according to its season of operation. However, the Town is very fortunate to
have the ability to treat water in two locations, especially considering the increased risk of
natural disasters due to the Town’s mountain location. Even with the added security of having
two water treatment plants, the Town is interested in investigating projects that will condense
the water treatment to one location. As shown in Table 1 above, MLWTP is the preferred
facility for the single plant operation scenario because it is a newer, larger facility and it is more
easily accessible than the GCWTP facility.
For the purposes of this analysis, two pump station and pipeline options are under
consideration. Both options move the raw water available at the GCWTP facility to the MLWTP
facility. The first alignment option begins at “Potential Intake Location 1” on the Diversion Map
and ends at MLWTP. The second alignment option begins at “Potential Intake Location 2” on
the Diversion Map and also ends at MLWTP. Due to the daily limit restrictions on the water
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rights associated with GCWTP, the pipeline is sized according to the total daily limit of 2.59
MGD which converts to approximately 4.0 cfs. Although the water rights are constrained by the
daily limit, the Town may need to pump more of the daily flow during certain times of the day
than others. Therefore, the pipeline analysis considers flow rates as high as 6 cfs.
Conceptual Design
Conceptual plan and profile drawings are included for the two alignment options. For each
alignment, a plan set was developed with aerial photography and a second plan set was
developed with topographic relief shading and soil types from the US Geological Survey Natural
Resources Conservation Service SURRGO data. Both alignments extend through very rocky soils
which will affect project costs. Table 3 below summarizes the statistics for the two pipeline
alignments.
Table 3 – Alignment Statistics
Alternate 1 Alternate 2
Total 3D Pipe Length 13,264 ft 8,305 ft
Starting Station (Elevation) 0+00 (7789.0 ft) 0+00 (7624.8 ft)
Ending Station (Elevation) 12+516 (8236.3 ft) 81+48 (8236.3 ft)
High Point Station (Elevation) 67+25 (8707.7 ft) 81+48 (8236.3 ft)
Alternate 1
System curves were developed for each alignment. For Alternate 1, the topography peaks near
the middle of the alignment. After the high point, the Alternate 1 pipeline generally slopes
downhill to the MLWTP location. Therefore, the system curve was developed from the
beginning of the alignment to the high point. For the peak flow rate of 6 cfs, a minimum
pressure of 20 psi was conservatively targeted at the high point in order to prevent cavitation.
The Alternate 1 system curve calculations are attached as Table A1. The analysis shows that for
a pipe diameter of 14 inches, a discharge pressure of 443 psi will be required at the pump
station. The 14‐inch diameter pipeline keeps velocities under 6 feet per second for the 6 cfs
discharge assumption.
Alternate 1 has several design challenges. The discharge pressure required for a single pump
station to pump water over the top of the saddle exceeds 400 psi. Although a steel pipe can be
designed to withstand such a high pressure, it will be more difficult to find fittings and valves
that are rated for such high operating pressures. Therefore, this alignment will likely require
two pump stations operating in series. The first station will be located near the intake location
at Glacier Creek and a second station will be necessary approximately halfway up the saddle.
Consequently, as the pipeline conveys water down the other side of the saddle, pressures will
still be high. Later stages of design must consider the need for a back pressure valve to prevent
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the downhill water from separating from the uphill water. Pressure reducing valves may also
be necessary on the downhill side.
Alternate 2
The topography for Alternate 2 consists of a steady incline from the intake location in the Big
Thompson River all the way up to the MLWTP location. The system curve therefore considers
the entire pipeline length. The alignment terminates into an existing raw water line near
MLWTP and a minimum pressure of 20 psi is assumed for the connection at the end of the line.
As shown in attached Table A2, the resulting required pump station discharge pressure for 6 cfs
is 313 psi. Most municipal water valves and fittings are only available up to an operating
pressure of 250 psi. If the specialty valves and fittings are not available, two pump stations in
series will be required like the Alternate 1 alignment.
Although the total length of Alternate 2 is much shorter than Alternate 1, other issues may be
more complicated. Easement acquisition will be much more challenging because the pipeline
not only crosses more properties, the properties are smaller and the easement impact is much
greater. There may also be complications with taking the water rights associated with GCWTP
at a location much further downstream.
Summary
The Town currently operates two water treatment plants at various times throughout the year
to serve the Town’s water demands. There are a myriad of issues that require the operation of
both plants; however, the Town is investigating the feasibility of closing one of the treatment
plants to reduce operating costs. This memorandum analyzes two different pipeline options
that may allow the Town to condense the water treatment to the Marys Lake Water Treatment
Plant location. Alternate 1 is a longer and more challenging design, but Alternate 2 impacts
more property owners and may cause complications with the Town’s water rights.
Attachments
Diversion Map
Alternate 1 – Marys Raw Water Plan & Profiles w/ Aerial Photography
Alternate 1 – Marys Raw Water Plan & Profiles w/ Soils and Topographic Relief
Alternate 2 – Marys Raw Water Plan & Profiles w/ Aerial Photography
Alternate 2 – Marys Raw Water Plan & Profiles w/ Soils and Topographic Relief
Alternate 1 – System Curve Calculations
Alternate 2 – System Curve Calculations
Page 126
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: September 26, 2023
RE: Resolution 84-23 Memorandum of Understanding with Estes Park Local
Marketing District Regarding Holiday Lights and Displays
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _____________
QUASI-JUDICIAL YES NO
Objective:
Town Board consideration of a memorandum of understanding (MOU) with Visit Estes
Park regarding holiday lights and displays.
Present Situation:
The Power and Communication’s Division has traditionally been responsible for
overseeing the design and installation of the Town’s holiday lights and displays. Visit
Estes Park (VEP) has expressed interest in assuming the responsibility for the design
and installation of these decorative elements in exchange for the funding that the Town
currently spends on this activity (and future consideration of additional compensation, if
necessary, due to increases in the cost of design and installation of the holiday lights
and displays).
Proposal:
The proposed MOU assigns VEP the responsibility for the design and installation of the
downtown lights, tree lights, rebar trees, and the Town’s holiday-themed display scenes.
In exchange, the Town would pay VEP $100,000 on an annual basis (these funds are
currently budgeted). The Town and VEP would meet annually to review the MOU and
discuss any additional compensation that may be necessary due to increases to the
cost of designing and installing the decorations. The Town would continue to own and
store the rebar trees and the holiday-themed display scenes.
Advantages:
•VEP is investing more time and funding into the holiday season. VEP’s
management of the design and installation of the Town’s holiday lights and
displays would better allow them to maintain design consistency and deliver a
quality product and experience.
Page 127
•VEP management of the design and installation of the holiday decorations would
allow the current Power and Communications staff who dedicate time to this
effort to focus on the priorities of the Power and Communications Division.
Disadvantages:
•Funds spent on holiday decorations are not available for other Town priorities.
Action Recommended:
Staff recommends approval of the resolution.
Finance/Resource Impact:
This MOU does not change the Town’s financial contribution to the holiday lights and
displays. Any future increase in the amount paid to VEP for holiday lighting and displays
would come from the General Fund.
Level of Public Interest
Medium
Sample Motion:
I move to approve/deny Resolution 84-23.
Attachments:
1. Resolution 84-23
2.Memorandum of Understanding Between the Town of Estes Park and the Estes
Park Local Marketing District Regarding Holiday Lights and Displays
Page 128
RESOLUTION 84-23
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF
ESTES PARK AND THE ESTES PARK LOCAL MARKETING DISTRICT REGARDING
HOLIDAY LIGHTS AND DISPLAYS
WHEREAS, the Town Board wishes to enter the agreement referenced in the
title of this resolution for the purpose of providing for the design and installation of holiday
lights and displays.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves the memorandum of understanding referenced in the title of
this resolution and authorizes the Mayor to sign the agreement 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
Page 129
1
MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK
AND THE ESTES PARK LOCAL MARKETING DISTRICT REGARDING HOLIDAY
LIGHTS AND DISPLAYS
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is effective this __ day of
____________, 2023, by and between the ESTES PARK LOCAL MARKETING
DISTRICT (“LMD”) and the TOWN OF ESTES PARK (“Town”), a Colorado municipal
corporation (collectively, “Parties”).
BACKGROUND
A.The Town has historically maintained and operated a set of holiday lights
and displays including downtown lights, tree lights, tree-shaped decorative
lighting displays made of rebar (“rebar trees”), and holiday-themed scene
displays (“Holiday Scenes”) (collectively, “Decorations”).
B.The Parties desire the LMD to take over management and annual
installation of these displays. The Town intends to pay the LMD for a portion
of the associated expense, in the amount of $100,000 for the 2023 holiday
season and adjusted annually thereafter by mutual agreement of the Town
and LMD.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS AND
MUTUAL PROMISES CONTAINED HEREIN, THE TOWN AND THE LMD AGREE AS
FOLLOWS:
1.The Town will continue to own and store the rebar trees and Holiday Scenes. The
LMD shall procure downtown lights and tree lights, annually install all Decorations,
and ensure they are installed and kept in a clean and safe manner and maintained
as needed until the LMD annually removes them. The LMD shall pay all associated
costs of these activities, excepting the cost of electricity and the testing and
maintenance of electrical outlets, which will be paid by the Town.
2.Should any rebar trees be damaged beyond simple maintenance, the Town will be
responsible for rebuilding them.
3.The Town shall annually pay the LMD for its expenses in managing the design and
installation of the Decorations. The annual payment amount is set initially at
$100,000 for 2023. These funds shall be due by September 30 annually, except
Attachment 2
Page 130
2
that the Town may pay in monthly or quarterly installments if requested by the
LMD.
4.Each year, before placing any Decorations on Town property or right-of-way, the
LMD shall consult with the Parks Division of the Town regarding placement and
layout of the Decorations and receive approval for the year’s installation plan from
the Parks Supervisor or other designee of the Town Administrator. The LMD shall
comply with applicable building codes, the Americans with Disabilities Act, and all
other federal, state, and local laws, regulations, and ordinances pertaining to the
LMD’s use of the property. The Town may revoke permission to use Town property
in any given year for good cause, in the reasonable determination of the Town,
and upon reasonable notice. In the case of any such revocation, the Town agrees
to pay half of the costs incurred by the LMD related to the cancellation of any
contracts or services for the management or installation of that year’s Decorations,
up to the amount due for that year’s Decorations under Paragraph 3.
5.To the extent permitted by law, the LMD shall indemnify and hold harmless Town,
its officers, employees, and agents from and against all liability, claims, and
demands on account of any injury, loss, or damage caused by the LMD’s actions
under this MOU. The LMD shall, at its sole cost and expense, repair or replace
any improvements owned by Town or others that are damaged as a result of the
LMD’s actions under this MOU. The LMD shall carry for its activities under this
MOU such insurance as required by the Town, acting by and through the Town
Administrator, and shall provide copies of its insurance policies promptly upon
request.
6.The financial obligations of the Town and LMD under this MOU shall be contingent
on annual budgeting, appropriation, and specific availability of funds. Nothing in
this MOU constitutes a debt, a direct or indirect multiple fiscal year financial
obligation, a pledge of credit, or a payment guarantee by either party.
7.Any notice required or permitted by this MOU will be deemed effective when
personally delivered in writing or three (3) days after notice is deposited with the
U.S. Postal Service, postage prepaid, certified, and return receipt requested, and
addressed as follows:
Estes Park Local Marketing District Town of Estes Park
Attn: Chief Executive Officer Attn: Town Administrator
PO Box 4426 P O Box 1200
Page 131
3
Estes Park, CO 80517 Estes Park, CO 80517
8. Term. The term of this MOU is one year, with automatic one-year renewals
commencing on the anniversary hereof, except that either party may terminate the
MOU by notifying the other of its intent to terminate with sixty days prior written
notice before the start of the next renewal term. Upon termination, the LMD shall
return all Decorations or their like-kind replacements to the Town. VEP and the
Town will meet annually at least ninety days before the anniversary date hereof to
review this MOU. This annual meeting shall include a good-faith discussion of an
increase to the annual payment from the Town to the LMD when necessitated by
increases to the cost of designing and installing the Decorations.
9.Entire Agreement. This MOU embodies the entire agreement of the Parties.
There are no promises, terms, conditions, or obligations other than those
contained herein, and this MOU supersedes all previous communications,
representations, or agreements, either verbal or written, between the Parties. This
MOU may not be modified or amended except by written agreement of the parties.
10. Governmental Immunity. The Parties understand and agree that each party is
relying on and does not waive, by any provision of this MOU, the monetary
limitations, terms or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to
time amended, or otherwise available to the Parties or any of their officers, agents
or employees.
11. Performance at LMD’s Expense. The LMD shall supply all ancillary personnel,
buildings, equipment and materials at LMD’s sole expense. LMD is permitted to
contract for any of the services contemplated herein, at its sole discretion and
expense.
12. Provisions Construed as to Fair Meaning. Any tribunal enforcing this MOU shall
construe it as to its fair meaning, and not for or against any party based on
attribution to either party of the language in question.
13. Compliance with Ordinances and Regulations. The LMD shall perform all
obligations under this MOU in strict compliance with all applicable federal, state,
and local laws, rules, statutes, ordinances, and regulations.
14. Waiver. No waiver of any breach or default under this MOU shall be a waiver of
any other breach or default.
15. Severability. Invalidation of any specific provisions of this MOU shall not affect the
validity of any other provision of this MOU.
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4
16. Counterpart Signatures. This MOU shall become effective only when the Town
receives one or more copies duly signed by all parties. Parties may sign separate
duplicates of this MOU. So long as all parties sign, the signed duplicates shall
constitute one MOU, and the MOU shall be effective as to all parties.
ESTES PARK LOCAL MARKETING DISTRICT TOWN OF ESTES PARK
By: ____________________________ By: _________________
Mayor
ATTEST:
_____________________
Town Clerk
APPROVED AS TO FORM:
_____________________
Town Attorney
Page 133
Page 134
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: September 26, 2023
RE: Resolution 85-23 Amended Intergovernmental Agreement with Larimer
County for Residential Recycling Center at Estes Park Solid Waste
Transfer Station
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: _____________
QUASI-JUDICIAL YES NO
Objective:
Town Board consideration of an extension of the Town’s agreement with Larimer
County regarding the operation of the Residential Recycling Center.
Present Situation:
The current Intergovernmental Agreement (IGA) between the Town and the County for
the Residential Recycling Facility was approved on October 9, 2018 for a five (5)-year
term. The IGA states that the Town will provide an adequate site for the Recycling
Facility, and the County will operate the facility. The IGA is set to expire on October 9,
2023. The County has expressed a desire to renew the IGA for a five (5)-year term and
bring the expiration date in line with the expiration date for the agreement regarding the
operation of the transfer station.
Proposal:
The current proposal is to extend the term of the agreement for another five years and
align the expiration date with the expiration date of the agreement for the transfer
station. All other terms of the agreement would remain the same.
Advantages:
•Enables continued residential recycling services for the Estes Valley.
Disadvantages:
•Land used for the Residential Recycling Center is unavailable for other uses.
Action Recommended:
Staff recommends approval of the resolution.
Finance/Resource Impact:
Page 135
The only resource impact is the opportunity cost of using Town-owned land for the
Residential Recycling Center.
Level of Public Interest
Medium
Sample Motion:
I move to approve/deny Resolution 85-23.
Attachments:
1. Resolution 85-23
2.Amendment 1
3.Current IGA for Residential Recycling at Estes Park Solid Waste Transfer Station
Page 136
RESOLUTION 85 -23
APPROVING THE AMENDMENT TO THE INTERGOVERMNETAL AGREEMENT WITH
LARIMER COUNTY FOR THE PURPOSES OF THE RESIDENTIAL RECYCLING
CENTER AT THE ESTES PARK SOLID WASTE TRANSFER STATION
WHEREAS, the Town Board wishes to enter the agreement referenced in the
title of this resolution for the purpose of authorizing Larimer County to use Town-owned
land to operate a Residential Recycling Center.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves the amendment to the intergovernmental agreement
referenced in the title of this resolution and authorizes the Mayor to sign the agreement
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
Page 137
Page 1 of 1
AMENDMENT #1
TO INTERGOVERNMENTAL AGREEMENT
(Residential Recycling at Estes Park Solid Waste Transfer Station)
THIS AMENDMENT is made and entered into by and between the Board of County Commissioners of
Larimer County, Colorado, 200 West Oak Street, Fort Collins, Colorado 80521 (hereinafter “County”)
and the Town of Estes Park, Colorado (hereinafter “Town”)
WHEREAS, County and Town entered into an Intergovernmental Agreement for Residential Recycling
at Estes Park Solid Waste Transfer Station (hereinafter “Agreement”), effective as of October 9, 2018;
and
WHEREAS, the original term of the Agreement was from October 9, 2018, through October 8, 2023;
and
WHEREAS, pursuant to the provisions of the Agreement the parties may mutually agree to extend the
term of the Agreement for up to five (5) additional years; and
WHEREAS, County and Town desire to amend the Agreement to extend the term and otherwise desire
all terms and conditions to remain as set forth in the Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, County and Town agree as follows:
1.The term of the Agreement is hereby extended through December 31, 2025.
2.All other provisions in the Agreement shall remain in full force and effect.
AGREED TO AND ACCEPTED AS STATED ABOVE:
Board of County Commissioners of Larimer County Town of Estes Park, Colorado
By:_______________________________________ By:________________________________________
Lorenda Volker
County Manager
Wendy Koenig
Mayor
Date:_____________________________________ Date:_______________________________________
APPROVED AS TO FORM:
____________________________________________
Town Attorney
Attachment 2
Page 138
Attachment 3
Page 139
Page 140
Page 141
Page 142
Page 143
Page 144
TOWN ADMINISTRATOR’S
OFFICE Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Deputy Town Administrator
Scott Moulton, Estes Park Housing Authority Executive Director
Date: September 26, 2023
RE: Resolution 86-23 Amend the 2023 Annual Workforce Housing and
Childcare Funding Plan for Lodging Tax (6E) Funds
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Consider amendments to the proposed 2023 Annual Workforce Housing and Childcare
Funding Plan for Lodging Tax (6E) Funds.
Present Situation:
At its February 28, 2023 meeting, the Town Board approved an Amendment to the
existing Intergovernmental Agreement (IGA) with Larimer County pertaining to the Estes
Park Local Marketing District. The Amendment stipulated the process for how
agreement will be reached on an annual basis between the Town and County regarding
the allocation of revenues received through the Lodging Tax Extension, particularly the
breakdown between workforce housing and childcare. At the same meeting, the Town
Board also approved the 2023 Funding Plan which was subsequently approved by the
Board of County Commissioners.
The approved 2023 Funding Plan states: “For 2023 and in out years, funds may need to
be shifted during the year depending on opportunities that present themselves in either
category (e.g. for property acquisition if something becomes available on the market)
and/or needs that arise that Workforce Housing and Childcare Lodging Tax funds could
address.” As it happens, this situation has recently arisen in both the Workforce
Housing and Childcare categories. More specifically, at least two opportunities for
property acquisition have resulted in the need to shift funds in the Workforce Housing
section, and out-of-school programming needs are slightly greater than we initially
anticipated. In light of these circumstances, staff proposes the following amendments to
the 2023 Funding Plan:
Page 145
As also acknowledged in the 2023 Funding Plan, this year – the first year we are
receiving 6E funds – is largely a “building year.” We still fully intend to create and
administer programs to assist with homeownership, rental assistance, and deed
restriction purchases, but to date have not yet had the staffing or bandwidth to do so.
Further, as of the drafting of this memorandum, we have received only about $2 million
of the $5.375 million we anticipate receiving this year (by way of reminder, the Town
receives remittances two-three months in arrears). At the same time, property
acquisition opportunities have arisen that, if acted upon, would allow the Town in
partnership with the Estes Park Housing Authority to build, redevelop and/or preserve at
least 75 workforce and/or attainable housing units in the community. While details about
these opportunities are not ready to be made public, we want to ensure that the funds
are available and approved for such purchases.
Regarding Childcare, we have not yet received applications or seen the need for capital
expenditures. As such, we do not believe there are any negative consequences of
shifting funds from the capital subcategory to out-of-school programming.
Proposal:
Staff proposes that the Town Board approve the amendments to the proposed 2023
Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds. The next
step would be to seek approval from the Board of County Commissioners. The
amendments would be effective upon the Town’s receipt of confirmation from the
County that the Board of County Commissioners have approved it as well.
Advantages:
•Land-banking is one of the high priority strategies outlined in the 2023 Housing
Needs Assessment and Strategic Plan. Approval of the proposed amendments to
the 2023 Funding Plan will enable the Town, in partnership with the Estes Park
Housing Authority, to take advantage of current and anticipated property acquisition
opportunities.
Original Funding Plan 2023-
Workforce Housing
Approved
Budget
Proposed Budget
Reallocation
Property Acquisition $1,500,000.00 $3,000,000.00
Cash Buyer Program/Rental Assistance $1,500,000.00 $200,000.00
Predevelopment Work $900,000.00 $900,000.00
Deed Restriction Purchase Program $500,000.00 $300,000.00
Staffing/Capacity Building $350,000.00 $350,000.00
Total $4,750,000.00 $4,750,000.00
Original Funding Plan 2023-
Childcare
Approved
Budget
Proposed Budget
Reallocation
Addressing Workforce Challenges $250,000.00 $250,000.00
Capital and Facility $200,000.00 $100,000.00
Tuition Assistance $100,000.00 $100,000.00
Out-of-School $75,000.00 $175,000.00
Total $625,000.00 $625,000.00
Page 146
•Out-of-School Programming is a critical component of childcare locally, especially for
after school care. Currently, there is no after school care option for children under
the age of six. We hope to work with partners to address this gap using 6E funding.
Disadvantages:
•None.
Action Recommended:
Staff recommends approval of the proposed amendments to the 2023 Annual
Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds.
Finance/Resource Impact:
•Workforce Housing: More funding will be made available for property acquisition;
less available for the proposed cash buyer/rental assistance and deed restriction
purchase programs.
•Childcare: More funding will be made available for Out of-
Level of Public Interest
High
Sample Motion:
I move for the approval/denial of Resolution 86-23.
Attachments:
1. Resolution 86-23
2. Approved 2023 Annual Workforce and Childcare Funding Plan for Lodging Tax
(6E) Funds
Page 147
RESOLUTION 86-23
APPROVING AN AMENDMENT TO THE 2023 ANNUAL WORKFORCE HOUSING
AND CHILDCARE FUNDING PLAN FOR LODGING TAX (6E) FUNDS
WHEREAS, the Town and County signed an Intergovernmental Agreement for the
formation and function of the Estes Park Local Marketing District (“District”) in August,
2008, and such agreement was amended by the Parties via written agreements dated
September 19, 2017 and January 1, 2019 (collectively the “IGA”);
WHEREAS, at the November 8, 2022, general election, the voters of the District
approved an additional 3.5% lodging tax to be used in furtherance of affordable workforce
housing and childcare services, with such additional tax revenue to be administered by
the Town;
WHEREAS, the Town and County amended the IGA effective January 1, 2023, to
incorporate provisions applicable to the additional tax and otherwise update the terms of
the IGA;
WHEREAS, the Town and County thereafter separately approved the 2023 Annual
Workforce Housing and Childcare Funding Plan for Lodging Tax (6E) Funds, as
prescribed in the amended IGA;
WHEREAS, the 2023 Annual Workforce Housing and Childcare Funding Plan for
Lodging Tax (6E) Funds states, “funds may need to be shifted during the year depending
on opportunities that present themselves in either category (e.g. for property acquisition
if something becomes available on the market)”;
WHEREAS, opportunities for property acquisition have arisen that necessitate
amendments to the 2023 Funding Plan;
WHEREAS, the specific amendments required are to the two tables on pages 4
and 5, respectively, of the 2023 Funding Plan, with the Proposed Budget Reallocation
replacing the prior-approved estimated budget for each table as follows:
AND WHEREAS, the dollar amounts on pages 5-7 of the 2023 Funding Plan must
be amended as well to conform to the above table for Childcare.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves the amendments to the 2023 Annual Workforce Housing and
Childcare Funding Plan for Lodging Tax (6E) Funds as described above, subject to
approval of the same by Larimer County in accordance with all its applicable procedures.
Original Funding Plan 2023-
Workforce Housing
Approved
Budget
Proposed Budget
Reallocation
Property Acquisition $1,500,000.00 $3,000,000.00
Cash Buyer Program/Rental Assistance $1,500,000.00 $200,000.00
Predevelopment Work $900,000.00 $900,000.00
Deed Restriction Purchase Program $500,000.00 $300,000.00
Staffing/Capacity Building $350,000.00 $350,000.00
Total $4,750,000.00 $4,750,000.00
Original Funding Plan 2023-
Childcare
Approved
Budget
Proposed Budget
Reallocation
Addressing Workforce Challenges $250,000.00 $250,000.00
Capital and Facility $200,000.00 $100,000.00
Tuition Assistance $100,000.00 $100,000.00
Out-of-School $75,000.00 $175,000.00
Total $625,000.00 $625,000.00
Attachment 1
Page 148
Upon mutual approval the amendments shall control, including for the purposes of the
Memorandum of Understanding Between the Town of Estes Park and the Estes Park
Housing Authority Regarding Use of Revenues Generated from Lodging Taxes Levied by
the Estes Park Local Marketing District for Workforce Housing, approved by the Board of
Trustees on July 11, 2023.
DATED this day of , 2023.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 149
Town of Estes Park
2023 Annual Workforce and Childcare Funding Plan for Lodging Tax (6E) Funds
Purpose
The purpose of this document is to outline how Workforce and Childcare Lodging Tax funds (6E) passed through to the Town will be
allocated between workforce housing and childcare in 2023, how funding is planned to be further broken down for particular
purposes within each category, and how the funds will be administered. It also outlines a proposed process for how such decisions
will be made and by whom for expenditures in 2024 (and beyond). The plans/processes differ by necessity because of the timing of
the passage of the measure and the desire to have a structure for expending funds in place for 2023 in short order.
Overview
In November 2022, residents of the Visit Estes Park Local Marketing District approved Ballot Issue 6E, increasing the total lodging tax
rate from 2% to 5.5%. Ninety percent of the new revenue must be used to address workforce housing and childcare issues in the
Estes Valley. Prior to the election, a high-level framework was created that outlines how funding could be used to address these
issues and how the funds might be administered if the measure passed. Regarding the latter, the Board of Visit Estes Park
determined prior to the election that it would prefer to serve as a “pass-through” of the funds, ultimately relying on the Town of
Estes Park, in coordination with Larimer County, to decide how best to administer them.
In 2023 the budgeted revenues from the Workforce Housing and Childcare Lodging Tax that would be passed along from Visit Estes
Park for workforce housing and childcare total $5,379,305. The Town would begin receiving funds in March of 2023.
The Town will also be contributing additional funding from its own budget in 2023 to enable us to begin addressing workforce
housing and childcare issues as soon as possible: approximately $1,635,000 for workforce housing and $100,000 for childcare. While
these funds will be used for the same purposes as the revenues received from the Workforce Housing and Childcare Lodging Tax,
they are not included in this plan because, as strictly Town funds, they are not subject to the same process outlined herein.
Attachment 2
Page 150
2023 Funding Plan
The first year 6E funds are collected, 2023, should largely be considered a “building year” as we (mainly the Town and County) work
to get all the necessary decisions made and agreements drafted, negotiated, and executed. This includes an overarching
Intergovernmental Agreement with Larimer County whereby the Town and County agree on the process for decision-making moving
forward, as well as professional service agreements with partners/contractors that will be providing services related to the creation
of workforce housing and provision of childcare services. There are also many new or updated policy decisions that need to be made
which will inform program development, eligibility requirements, etc. We expect that several new positions will need to be created
to develop and carry out programs, whether within the Town or the Estes Park Housing Authority. Additionally, consideration will
need to be given to how the dedicated revenue stream can be leveraged to finance large projects and/or purchases related to
workforce housing (such as bonding, etc.).
Funding Allocations
For budgeting and planning purposes, the 2023 budget allocations from the Workforce Housing and Childcare Lodging Tax would be
approximately1:
●Workforce Housing: $4,750,000
●Childcare: $625,000
Again, these dollar figures are approximations contingent on a number of factors including actual collections. The timing of
collections will impact how much can be spent and at what point in the year, especially for 2023. For 2023 and in out years, funds
may need to be shifted during the year depending on opportunities that present themselves in either category (e.g. for property
acquisition if something becomes available on the market) and/or needs that arise that Workforce Housing and Childcare Lodging
Tax funds could address. Additionally, a portion of the funds will be used to create a new position within the Town responsible for
coordination and oversight of the funding, partnerships, programs, and processes needed to ensure 6E funds are spent
appropriately and as intended. We expect that funds from each allocation pools will be used to cover the costs of the position.
1 The Town’s 2023 budget also includes $900,000 in Town Workforce Housing Reserve Funds, $735,000 in Short Term Rental Linkage Fee funds, and $100,000
in Childcare Reserve Funds.
Page 151
Decision Making
In general, funding decisions will be made based on evaluation of need in the community and consideration of maximizing the
impact of Workforce Housing and Childcare Lodging Tax funds. All funding decisions will be made in accordance with the
Intergovernmental Agreement between Larimer County and the Town of Estes Park and the adopted Annual Operating Plan
(including this plan for 2023).
With respect to spending decisions made by the Town, new Workforce Housing and Childcare funding policies that dictate eligibility
for awards and how they can be used will be adopted by the Town Board. These policies will be informed by the Town’s existing
finance policy, which limits administrative purchasing authority to $100,000 or less, as well as existing Workforce Housing and
Childcare funding guidelines. New fund accounts will be established within the Town budget for Workforce Housing and Childcare,
with sub-accounts in each category designated for particular purposes, as practical. The Town will also enter into agreements with
partners, where funds may be transferred for particular purposes, including for administrative costs associated with program
management. In such cases, the agreements will specify authority with respect to spending. (For example, an agreement with the
Estes Park Housing Authority may authorize a transfer of $500,000 to the Housing Authority to be used to purchase a certain
number or type of deed restrictions. The agreement would dictate the extent to which EPHA has authority to make purchasing
decisions vis-à-vis the Town.)
It is important to note that the Estes Park Housing Authority, which will be a key partner on the workforce housing side, was created
by the Town and is a formal governmental entity. EPHA’s Board Members are appointed by the Town Board, and it is subject to the
same auditing requirements as other public entities in Colorado.
Page 152
Workforce Housing
The Estes Park Housing Authority (EPHA) exists to create and facilitate housing opportunities in the Estes Valley. They currently have
staff and programs in place to begin utilizing Workforce Housing and Childcare Lodging Tax funds to address workforce housing
challenges in the immediate term. They are also poised to add staff in order to create and administer new programs using the new
funds. To that end, the Town intends to enter into an agreement with EPHA whereby funding would be provided in exchange for
administration and management of the various programs outlined below.2 The agreement, which will need to be considered and
approved by the Town Board, would dictate the extent to which EPHA has authority to make purchasing decisions vis-à-vis the
Town. All expenditures by EPHA will be subject to regular audits.
It is important to note that the estimated budgets in each category are approximations and are subject to change based on
opportunities that arise, and that all of the funds may not be spent in 2023.
Details on each strategy can be found in the framework document developed prior to the election. The specifics will be informed by
the new Housing Needs Assessment and Strategic Plan, which was transmitted to the Town and EPHA in January 2023.
Purpose of Funds Estimated Budget
Property Acquisition Reserve (Land-banking, financing, etc.) $1,500,000
Cash Buyer Program/Rental Assistance $1,500,000
Predevelopment work for property already in real estate portfolio $900,000
Deed Restriction Purchase Program $500,000
Staffing/Capacity Building at EPHA (Up to 3 FTEs and associated overhead) $350,000
Total $4,750,000
2 Consistent with the Estes Valley Housing Needs Assessment and Strategic Plan, which was presented to the Town Board on January 24, 2023.
Page 153
Childcare
There are four areas where Workforce Housing and Childcare Lodging Tax funds, along with the Town’s direct contribution, will be
used to address the varied challenges faced by families in need of childcare and providers struggling to start a business and stay
open. They are listed below along with a brief description of how funds would be administered and breakdown of budget allocation
for each subcategory.
It is important to note that the estimated budgets in each category are approximations and are subject to change based on
opportunities that arise, and that all funds may not be spent in 2023.
Funding decisions will be made based on evaluation of need in the community and consideration of maximizing the impact of
Workforce Housing and Childcare Lodging Tax funds. Decisions will be made consistent with the Town’s adopted Childcare Funding
Guidelines.
Details on each strategy can be found in the framework document developed prior to the election.
Purpose of Funds Estimated Budget
Addressing Workforce Challenges $250,000
Facilities/Capital $200,000
Tuition Assistance/Scholarships $100,000
Out-of-School Programming $75,000
Total $625,000
●Addressing Workforce Challenges: $250,000
o Requests for funding to address workforce challenges would be made either through an application process
administered by the Town or through direct subsidies to childcare providers based on the number of filled full-time
or part-time childcare slots. Regarding a direct subsidy approach, while the subsidy amount per slot would need to be
determined, we expect that a higher dollar amount would be provided for slots for infants and toddlers and that
subsidies would be prorated for part-time slots. The advantage of a direct subsidy approach is that it would enable
each provider to determine how funds could best be leveraged to address workforce issues based on their
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circumstances/challenges. By accepting funds, whether through an application process or subsidy, providers would
be required to demonstrate how the funds would/are being used to address workforce challenges. The Town would
dictate these requirements, likely to include a minimum salary or wages for staff and a minimum number of spaces
provided. Requirements would formally be agreed to by the providers.
o With respect to workforce challenges, 6E funds would be used to:
▪To help bridge the gap between what providers can afford to pay staff and what is deemed (when a
program is developed) to be a reasonable, living wage.
▪Provide recruitment bonuses.
▪Help pay or offset costs for benefits such as healthcare and paid leave.
▪Provide assistance with costs associated with licensing and/or staff training.
▪Provide assistance with costs associated with housing staff.
▪Provide assistance with costs associated with transportation needs of staff and/or children.
●Facilities/Capital: $200,000
o Requests for funding for facilities/capital-related expenditures would be made using an application process
administered by the Town. Depending on the size of the request, award decisions may be made administratively or
by the Town Board. The Town could also decide to directly purchase property to be used for childcare or provide
subsidies to providers where there is a known need. Recipients of funds would be required to spend the funds within
a year of receipt and must offer services for a minimum period of time (still TBD).
o Funds in this subcategory could be used to:
▪Purchase land or existing building(s) to be used for childcare and offer to provider at affordable rate.
▪Provide financial assistance to childcare providers wishing to purchase a facility for childcare, whether as a
direct subsidy or through a low interest loan.
▪Provide rental assistance for providers.
▪Provide funding for capital improvements to existing facilities needed in order to open or to maintain or
increase capacity.
●Tuition Assistance/Scholarships: $100,000
o According to EVICS Family Resource Center, which currently administers the tuition assistance program for families in
the Estes Valley in coordination with Larimer County, the current need for tuition assistance/scholarships (based on
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existing eligibility requirements) is approximately $75,000 per year. Funds in this subcategory will be used to provide
needed tuition assistance/scholarships for eligible families. Because EVICS has an existing program that also leverages
tuition assistance funds from the County, funds will be provided directly to EVICS to create a tuition assistance
“pool.” Unused funds, if any, will be carried forward to future years. A portion of the funds – approximately $25,000
– would be provided to EVICS through a professional services agreement to help offset costs of administering the
program.
●Out-of-School Programming: $75,000
o After and/or before school care, care for children on other out-of-school days (like Teacher Professional
Development days), and summertime programs are extremely important to many families in the Estes Valley
workforce. Funds in this subcategory will be provided as subsidies through an application process by individuals or
entities that provide out-of-school care based on the number of filled slots. Providers would be required to explain in
their applications how the funds will be used.
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Process for Development of 2024 Annual Workforce and Childcare Funding Plan for
Lodging Tax (6E) Funds (and beyond)
The graphic below outlines the high-level steps in the process for development of the 2024 Funding Plan and for future years. The
process will be revisited annually in coordination with Larimer County. Changes to the process can be made at any time based on
mutual agreement of the Town and County.
Summer Town Board engages in Strategic Planning Process which will inform development of 2024 budget.
Aug
Town staff works with Visit Estes Park to determine projected revenues for upcoming year; develops report on current
year expenditures.
Town staff develops recommended budget for Workforce and Childcare Lodging Tax funds (in coordination with County
staff) to be included in proposed VEP Annual Operating Plan.
Town Board considers recommended budget for Workforce and Childcare Lodging Tax funds; once approved by Town
Board, sent to Larimer County for feedback.
Sept Larimer County/Town/VEP Boards consider VEP operating plan, including recommended Workforce and Childcare
Lodging Tax Plan budget.
Oct-Dec
Town files proposed Funding Plan by November 1.
Town Board adopts Town budget, including budget for Workforce and Childcare Lodging Tax funds.
County approves or requests changes to Funding Plan by December 1.
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Page 158
GENERAL PUBLIC COMMENT RECEIVED BY NOON ON 9/26/2023
Board of Trustees Public Comment
Name: Marina Connors
Stance on Item: For
Agenda Item Title: General Public Comment.
Public Comment:
I am writing to ask for your support to hire a Sustainability Manager. One is needed to lead to meet
mandatory and voluntary environmental programs, especially because of the significant number of visitors
here and our proximity to RMNP. I am very involved in planning Estes Recycles Day (ERD). While
planning, I researched how similar events are held in neighboring communities of Superior, Louisville and
Lafayette. All three have a sustainability managers who coordinate a similar event which also includes
collection of hazardous waste. Volunteers organize ERD. but we have not been successful in hosting a
Hazardous Waste Collection day. Soon composting will be available through the Larimer County Solid
Waste Division. A Sustainability Manager will be critical in implementing a program in Estes Park to divert
compostable waste this facility. There are just a couple of examples of tasks needed. Sincerely, Marina
Connors, EP Representative on the Larimer Co Solid Waste PAC
File Upload
Please note, all information provided in this form is considered public record and will be included as permanent record for
the item which it references.
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25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting.
Page 159
To the Trustees of Estes Park, Colorado
September 20, 2023
I have known Estes Park since my CU college days in the late 70s, and made it my permanent
home in 2013 just before the flood. I love living here and care deeply about its future as a town
that draws millions who come to see its beauty and natural wonders.
But I look around and see construction and building everywhere. I see confused elk walking in
between parked cars where greenery used to be. I want to impress upon you who lead us to put
the natural environment front and center in your thinking. Your strategic plan is masterful in
many ways and does contain threads of ecological purpose.
But we need an environmental sustainability manager who can weave those threads into the
fabric of an environmental plan that will undergird all departments’ goals and actions in Estes.
If we advertise Estes Park as a green destination or eco-friendly town, then we may attract more
like-minded people who share the same vision: young people who are looking for purpose, who
want to contribute to the greater good in the world. They need to see solar panels on public
buildings, EV charging stations, symbols in shops that demonstrate our commitment to recycling
and renewable energy, and signage that teaches and confirms their own sense of wonder.
We’re almost there. But I don't want us to lose sight of who we are and who we must be in the
future. I believe our town needs to have someone who provides an environmental conscience in
everything we do.
I have been an advocate and volunteer for environmental nonprofits in our town and in Larimer
County’s Climate Smart and Future Ready project. I am one of thousands in Colorado who want
to preserve what’s exceptional in our mountain regions. I want to provide positive
environmental experiences for our visitors and empower them and their children to learn and
wonder. I want them to recognize the ways that we in Estes Park treasure and protect the natural
world.
Most sincerely,
Celeste Fraser
1934 Bradley Ln.
Estes Park
Page 160
Memo
To: the Estes Park Two Board of Trustees
From: Donna Shavlik, Town Resident
Re: Sustainability in Estes Park
Dear Trustees:
First of all, I would like to thank you for your service on the Town Board of Trustees.
I am aware that being a member of this Board requires �me and energy, and I so
Appreciate the �me and energy that you give to the posi�on.
I am wri�ng today to express my gra�tude to you, the Town employees, and Town
residents who have contributed the produc�on of the Estes Park Strategic Plan. This plan
represents a great deal of work on the part of all who par�cipated. I was fortunate to be
part of the discussions held to involve the Community in the final prepara�ons of the
plan.
I am wri�ng now to strongly support the hiring of a Town Sustainability Manager to implement
those parts of the plan that pertain to Estes Park’s efforts to be model sustainable community.
I spent whole my career in higher educa�on, where I learned that in order to effec�vely carry
out any ins�tu�onal plan, someone with authority must be in charge of seeing the plan comes
to frui�on. The EP Plan calls for a Sustainability Manager. As I understand, so far, there has
not been approval by the Board of Trustees for the hiring of a person for this posi�on.
Unless this posi�on is approved, I fear that all the efforts toward sustainability that are clearly
stated in the Strategic Plan will not be achieved. The current employees of the Town have full
�me commitments to their current du�es, and really need someone to help them with how
their work can contribute to Estes Park’s full commitment to a sustainable environment. Unless
there is someone who’s full �me posi�on is to do be on top of the most effec�ve ways to help
the Estes Community become a Green, Sustainable, Model Community, I fear that it will not
happen.
Our whole Community—residents, visitors, government, businesses, and our special Na�onal
Park, have acri�cal investment in the future of our unique privilege of being the entrance to one
of the most spectacular places on Earth! Please consider our responsibility to do our best to
protect and care for “our ” Park, our Town and our Residents.
With respect and sincerity,
Donna Shavlik, Privileged Estes Park Resident
Page 161
Town Clerk <townclerk@estes.org>
Sustainability Manager
1 message
Bev Bachman <bbachman6@gmail.com>Fri, Sep 22, 2023 at 10:28 AM
To: townclerk@estes.org
Dear Mayor Koenig and Trustees:
It is imperative that Estes Park have a Sustainability Manager to oversee the best practices in the
town’s move toward being a sustainable community. The realities imposed by human caused
atmospheric pollution that is causing extreme weather and events require us to do things
differently and some hard decisions will be involved. To have a sustainable, thriving democratic
society of people living in harmony with the environment and each other. Isn’t that the vision that
we really want for our community? That’s going to take some hard decisions because all
proposals, decisions, and actions should align with and advance that vision. Those that don’t will
need to be adjusted to do so or be extinguished. What type of government, economic system, and
culture would be needed to attain that vision? The Sustainability Task Force laid out a plan to get
started. A Sustainability Manager is needed to keep abreast of best practices and oversee all the
interrelated parts to keep the focus on the vision. That could be a model for other communities,
and the experience of our visitors in such a model could help them to see that such a community
can happen. Plus, there are students interested in environmental sustainability who would benefit
from doing community service and/or internships with a Sustainability Manger.
Hire a Sustainability Manager asap. What, in the future when you look back at this decision, would
you regret doing or not doing and why?
Thank you for your consideration.
Bev and Wen Bachman
--
Bev Bachman
bbachman6@gmail.com
With our gifts comes the responsibility
to develop and use them
to make this world a better place,
and to help others do the same.
Go...make a difference!
Page 162
To: The Town Board of Trustees
Town of Estes Park
Good Morning,
I know that there are a number of individuals who have been asking you to
include adding a sustainability manager to staff. I would like to add my name to
the list. I think it is important to honor the hard work and dedication that so many
have put into identifying what we as a community should pursue in order to have
a sustainable future. With that in mind, we need to have a manager who has the
knowledge and responsibility to incorporate the wide definition of sustainability
into all things community wide. Please consider this as you set priorities and the
budget for 2024.
Note that Judi and I are recovering from a bout of COVID and will not be able to
attend in person.
Thanks
Kent Smith
661 Big Horn Drive
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To the Trustees of Estes Park,
I expect all of you already know my posiƟon on an ecologically oriented Sustainability Manager for the
Town. The threat posed by ignoring ecological alteraƟons is very real. Like everything else, sustainability has
more than one facet to its existence. The United NaƟons has determined that there are now 3 pillars of
sustainability: economic, social, and ecological.
Economically: The goal of the American Dream becomes harder and harder to obtain. Our adults must hold
mulƟple jobs. Our children must grow up sooner. There are no longer any guarantees. No-one knows what
calamity may befall them tomorrow. However, Estes offers mulƟple economic experts. The Town itself is in
good straits financially. Crossroads is there with a helping hand for individual needs. We have a strong
network of commercial businesses. The Library has an excellent financial acumen program. And the local
banks and financiers are local, caring individuals who are involved in the community.
Socially: People are more careless, less responsive, and less forgiving when the quesƟon of tomorrow is in
quesƟon. Across the naƟon, a trip to the movies, to a grocery store, or to school can now pose a threat to
life. The combinaƟon of heat and drought is challenging the Western United States as never before. Dreams
realized go up in smoke, literally, at a moments noƟce. The war in Ukraine seems never ending. Congress
appears willing to wait. This tenuous posiƟon, reminiscent of the 1960s unrest, tends to minimize plans for
an uncertain future. Young adults float, unsure if they should even bring children into this world. However,
Estes has proven we are Mountain Strong. In Ɵmes of real disaster, we bond together and support each
other. The EPNRC network manages to offer an astounding variety of purposeful opportuniƟes – on nearly
any subject. As a result, most everyone feels connected. We are a surprisingly friendly community, who,
more easily than most, absorb newcomers into our midst and make them our own.
Ecologically: Our planet is under siege. PlasƟc, and other hard to eliminate disposables, take up more and
more space on the planet. Our seasons are changing. Our temperatures are warming. Our water is
evaporaƟng. Our air is becoming more heavily contaminated. Disasters of various types have become a daily
occurrence. If not in our backyard, then in that of our neighbors.
The main energy resource for the Estes Valley is PRPA, according to their website sƟll 67.7% carbon-based
with no immediate changes. According to Loveland, ecological sustainability includes the pursuit of energy
efficiency, water conservaƟon, recycling, and LEED building cerƟficaƟon. Longmont offers their efforts as
“Thrive Today and Tomorrow”, supported by major volunteer efforts of the Sustainability Advisory Board
and a Sustainability CoaliƟon. Fort Collins actually structures their Sustainability Department with 3
Divisions under the Sustainability Services (and a staff of “nearly 50”). All 3 ciƟes support solar gentrificaƟon
on their websites. We fall below these compatriots in ecological preparaƟon. … … Colorado has always been
seen as “green” by the world at large. Estes has always appeared “green” to Coloradoans. But Colorado is
truly becoming a leader in the new sustainable tourism economy. We can either lead in this endeavor or we
can pursue the rest of Colorado in an effort to catch up.
In order to balance the 3 accepted pillars of sustainability, we must have at least one trained spokesperson
who concentrates on the ecological aspects of every sustainability quesƟon, lest we fail to include this
overreaching aspect of life on Earth today. Please build into your budget the capability to hire a single voice
for this third arm of sustainability.
Judi Smith 661 Big Horn Drive
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