HomeMy WebLinkAboutPACKET Town Board 2024-07-09The 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.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, July 9, 2024
7:00 p.m.
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ADVANCE PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the form found at https://dms.estes.org/forms/TownBoardPublicComment.
The form must be submitted by 12:00 p.m. the day of the meeting in order to be provided to the Town
Board prior to the meeting. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1.Bills - https://dms.estes.org/WebLink/Browse.aspx?id=253208.
2.Town Board Meeting and Study Session Minutes dated June 25, 2024.
3.Board of Adjustment minutes dated June 4, 2024 (acknowledgment only).
4.Transportation Advisory Board Minutes dated April 17 and May 15, 2024
(acknowledgment only).
5.Resolution 58-24 Revised Policy 842 Parking Permits.
Prepared 2024-06-28
*Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
6. Resolution 59-24 IGA with CDOT for Zero Emissions Fleet Transition Grant.
7. Resolution 60-24 Grant Agreement with the Colorado Association of Transit Agencies
for 2024 Ozone Season Transit Grant Program Funds.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. BASE FUNDING REPORT - VIA MOBILITY SERVICES. Manager Avery.
2. LARIMER COUNTY EXTENSION PROGRAMMING PRIORITIES. County
Commissioner Stephens and Larimer County Extension Director Weiner.
To present an overview of Extension programming and solicit feedback from the Board
on what type of programming would be of most value.
3. PLATTE RIVER POWER AUTHORITY INTEGRATED RESOURCE PLAN (IRP)
PROCESS UPDATE. PRPA CEO Frisbie and COO Singam Setti.
Review the IRP - a comprehensive, long-term strategy that efficiently meets projected
energy demand through a balanced integration of supply- and demand-side resources.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE 09-24, ZONING MAP AMENDMENT FOR 540 AND 550 WEST
ELKHORN AVENUE, ELKHORN PLAZA ASSOCIATION, OWNER/JOE COOP,
VAN HORN ENGINEERING, APPLICANT. Senior Planner Hornbeck.
To rezone 540 and 550 West Elkhorn Avenue from RM (Multi-family Residential)
to CO (Outlying Commercial).
ACTION ITEMS:
1. ORDINANCE 11-24 AMENDING SECTION 5.20.110 OF THE ESTES PARK
MUNICIPAL CODE REGARDING BED AND BREAKFAST INN. Town Clerk
Williamson & Town Attorney Kramer.
To clarify definition and provide additional operating requirements for bed and
breakfast inns.
REPORTS AND DISCUSSION ITEMS:
1. PROPOSED ELECTRIC RATE INCREASE. Director Bergsten.
To discuss the upcoming proposed electric rate increase for 2024 in advance of the
public hearings.
ADJOURN.
Town of Estes Park, Larimer County, Colorado, June 25, 2024
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of
Estes Park on the 25th day of June, 2024.
Present: Gary Hall, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Bill Brown
Kirby Hazelton
Mark Igel
Frank Lancaster
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: None
Mayor Hall called the meeting to order at 7:00 p.m. and all desiring to do so recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Younglund/Hazelton) to approve the Agenda with the
Report and Discussion (Outside Entities) Item 2 moved to Report and Discussion
Item 5, and it passed unanimously.
PUBLIC COMMENTS.
Steve Nagl/Town citizen spoke regarding the use of the parking lot by the Post Office,
specifically the number of spots which have been consistently blocked off or used by
marked Post Office vehicles and unmarked employee vehicles. He suggested vehicles
be moved to different lots, such as the Events Complex, when not in use.
John Meissner/Town citizen spoke regarding the Study Session discussion on
unprovoked elk attacks and suggested financial support be given to victims of the attacks.
He also encouraged support of the Taffy Shop voted the #1 candy shop in the country by
USA Today
Jackie Williamson/Town Clerk introduced Howard Bartlett, who would be considered as
the Assistant Municipal Judge through Consent Agenda Item 4. He provided his
professional background and spoke on his interest in serving the community.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: Mayor Hall and Trustees
Younglund and Lancaster attended the Annual Colorado Municipal League (CML)
Conference which held sessions on legislative changes, civility, school grant opportunities
for vaping issues, and congratulations was given to Attorney Kramer who was elected to
the CML Executive Board; the Trustee Talk would be held with discussion on construction
and the Strategic Plan; the Rooftop Rodeo would be held July 6 through July 10, 2024
with a new parade route beginning and ending at the Estes Park Fairgrounds; Mayor
Coffee Chats would begin in the late summer/early fall held at alternating times from the
Mayor’s attendance at Trustee Talks; Visit Estes Park would meet to discuss a potential
skijoring event, the construction marketing campaign, and the “Thank You” street
campaign; congratulations was given to the Taffy Shop for being voted the #1 candy store
in the country by USA Today.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek provided an update on the construction grant program
application which has received 41 applications for the direct grant and 26 applications for
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Board of Trustees – June 25, 2024 – Page 2
the marketing grant. He also congratulated the Estes Park Museum on their new
temporary exhibit titled “One of a Kind: Art from the Estes Park Museum.”
CONSENT AGENDA:
1. Bills.
2. Town Board and Study Session Minutes dated June 11, 2024.
3. Appointment to the Estes Park Housing Authority Board of Commissioners of
James Jameson to complete a term expiring April 30, 2028.
4. Resolution 55-24 Contract with Howard Bartlett for Assistant Municipal Judge
Services through April 28, 2026.
It was moved and seconded (Hazelton/Cenac) to approve the Consent Agenda, and
no vote was taken as the substitute motion passed.
The Board discussed whether it was necessary to have the Town Board Minutes
approved by a separate vote if a Town Board Member was absent for a meeting. A
substitute motion was made (Hazelton/Cenac) to approve the Consent Agenda with
the removal of Consent Agenda Item 2, and it passed unanimously.
It was moved and seconded (Hazelton/Cenac) to approve Consent Agenda Item 2,
and it passed with Trustee Lancaster abstaining.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. OVERVIEW OF VISIT ESTES PARK (VEP) 2023 ANNUAL REPORT AND
VISITOR INTERCEPT SURVEY. VEP CEO Franker presented the 2023 Annual
Report and Visitor Intercept Survey. She stated the Town had 4.1 million visitors
in 2023 and highlighted the length of visitor stays, public relations efforts, Lodging
Tax receipts of $9.3 million, and construction campaign components. The Board
discussed the previous Annual Visitor’s Guide and the Vacationland Visitor’s
Guide, the costs of producing a printed guide, opportunities for visitation
forecasting and the benefits, VEP’s organizational structure, sales tax revenues
created from special events specifically Frozen Dead Guy Days, and the average
spending of visitors per day/night. It was determined the Visitor Intercept Survey
would be presented at a future meeting.
2. 2023 BASE FUNDING REPORT – ESTES VALLEY INVESTMENT IN
CHILDHOOD SUCCESS (EVICS) FAMILY RESOURCE CENTER. EVICS Board
Member Reed reported on the funding for EVICS Family Resource Center. She
highlighted the mission, values, and goals of the Center, the Family Pathway
Framework consisting of general services, center services, and family
development, and how their work dovetails with the Town of Estes Park Strategic
Plan. The Board discussed the ways EVICS provides support to the community.
3. ECONOMIC DEVELOPMENT AND WORKFORCE COUNCIL UPDATE.
President DePasquale and Chair Kraft provided an update on the council’s work
since merging with the Chamber. They highlighted history of the merger, the
importance of economic development, current activities including a hospitality
training program and mini-classes, and receipt of the Office of Economic
Development and International Trade grant to support local marketing efforts. The
Board discussed the council’s workforce housing education efforts, and the
number of graduates of the Business Accelerator Services of Estes program. The
Board requested future updates contain a progress report of the current initiatives.
4. FALL RIVER VILLAGE FUNDING DISCUSSION. Estes Park Housing Authority
Executive Director Moulton presented the potential purchase and use of Fall River
Village for workforce housing. The Colorado Housing and Finance Authority
(CHAFA) was pursuing the purchase of the property in April 2024 with EPHA as a
managing partner. CHAFA has since decided against the purchase. It was
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Board of Trustees – June 25, 2024 – Page 3
suggested the EPHA and the Town could purchase Fall River Village, an existing
90-home development, for $35 million with an estimated replacement cost of $46.5
million. Director Moulton provided financing options using the Town’s credit rating,
Certificates of Participation (COP), the Workforce Housing Linkage Fee, the
property acting as collateral, rent subsidies, dept buy-down, and potential funding
from State Proposition 123. He highlighted the 2023 housing needs assessment,
area median income (AMI) breakdown for one and two person households, and
the units. The Board discussed impacts of CoPs on the Town’s future borrowing
capacity, potential of the project, funding sources of the Town, the impact of the
project, other anticipated 6E Fund needs, 6E Fund cashflows, likelihood of
Proposition 123 funding and its components, identified uses of the Workforce
Housing Regulatory Linkage Fee, the reasons for CHAFA withdrawing from the
purchase, annual appropriations clauses required for CoPs, occupancy rates of
EPHA properties, back-up assurances should Town emergencies arise, the
number of waitlist applicants that would fit the proposed rent needs, AMI
restrictions of the project, and operation of some units as short term rentals. It was
determined for EPHA and Town staff to continue research on the potential
purchase and provide further information to the Town Board at a future meeting.
It was moved and seconded (Hazelton/Younglund) to extend the meeting past 10:00
p.m., and it passed unanimously with Mayor Pro Tem Cenac and Trustee Igel voting “No.”
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE 09-24, ZONING MAP AMENDMENT FOR 540 AND 550 WEST
ELKHORN AVENUE, ELKHORN PLAZA ASSOCIATION, OWNER/JOE
COOP, VAN HORN ENGINEERING, APPLICANT. The applicant requested
the public hearing be continued to a future meeting. Planner Hornbeck stated
no objection. It was moved and seconded (Hazelton/Cenac) to continue
Ordinance 09-24 to July 9, 2024, and it passed unanimously.
ACTION ITEMS:
1. ORDINANCE 10-24 AMENDING MUNICIPAL CODE TITLE 12 RELOCATION
UNDERGROUND OF OVERHEAD ELECTRICITY AND COMMUNICATIONS
FACILITIES. Mayor Hall opened the public hearing and Director Bergsten,
Attorney Kramer, and Special Counsel Dittman presented the Ordinance to
require overhead utility lines be relocated underground during redevelopment
projects. As the undergrounding of overhead utilities has not been previously
mandated, Staff has encountered delays and lack of urgency with investor-owned
utilities to underground these lines. The Board discussed what similar
communities do regarding the undergrounding of utilities, frequency of the Town
is undergrounding overhead lines, and responsibilities to maintain Town vacated
poles. Mayor Hall closed the public hearing and it was moved and seconded
(Brown/Younglund) to approve Ordinance 10-24, and it passed unanimously.
2. RESOLUTION 56-24 SMALL CELL FACILITIES MASTER LICENSE
AGREEMENT WITH CELLCO PARTNERSHIP DBA VERIZON WIRELESS.
Attorney Kramer and Special Counsel Dittman presented a resolution for a license
agreement with Cellco Partnership dba Verizon Wireless to allow small cell
wireless telecommunications facilities, as required by federal and state law. The
facilities consist of small antennas and equipment which would be incorporated
as part of streetlight poles. The Estes Park Municipal Code Chapter 14 requires
the installation of small cell facilities be governed by a licensing agreement with
each individual provider. Should the agreement be approved, staff adoption of
further technical design criteria would follow. It was moved and seconded
(Lancaster/Cenac) to approve Resolution 56-24, and it passed unanimously.
3. RESOLUTION 57-24 SETTING THE PUBLIC HEARING DATES OF JULY 23,
2024 AND AUGUST 13, 2024 FOR ELECTRIC RATE INCREASES. Director
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Board of Trustees – June 25, 2024 – Page 4
Bergsten presented the resolution to set the public hearing for electric rate
increases for July 23, 2024 and August 13, 2024. The Town performs a financial
rate study every three years to ensure utility revenues and expenditures remain
balanced. As presented to the Board at the March 12, 2024 Study Session, due
to unprecedented increases in operations, staff proposes an overall rate increase
of 5.0% starting October 2024. He highlighted the rate study process and
distribution of utilities. It was moved and seconded (Younglund/Hazelton) to
approve Resolution 57-24, and it passed unanimously.
4. 2025 PROVISIONAL STRATEGIC PLAN. The Town Board held Strategic
Planning Sessions on May 31, 2024 and June 18, 2024. Adoption of the 2025
Provisional Strategic Plan would provide staff with a formally-adopted document
to inform and guide development of the 2025 proposed budget, and track and
report changes to the Strategic Plan during the budget process. Edits in red reflect
areas where the Board requested staff draft language for clarification. The Final
2025 Strategic Plan would be presented for adoption in conjunction with the 2025
Budget. The Board discussed striking “2024 Carryover” from Utility Infrastructure
Objective 4.B.2 and directed staff to reword Public Safety, Health, and
Environment Objective 1.1 to “Explore arborist licensing program based on
direction from Town Board.” It was moved and seconded (Younglund/Hazelton)
to approve the 2025 Provisional Strategic Plan, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. 6E ANNUAL FINANCIAL REPORT. Manager Bangs presented the Annual
Financial Report for the expenditures of 6E funds for workforce housing and
childcare. She highlighted the history of 6E funds, 2023 revenues totaling $5.3
million with $625,000 to childcare and $4.75 million to workforce housing, the
annual timeline, breakdown of fund distributions for both childcare and workforce
housing, and provided a workforce housing 6E cash flow summary. The Board
discussed feedback from entities who received funds and the difference between
the workforce grant and workforce subsidy.
2. ESTES VALLEY CHILDCARE NEEDS ASSESSMENT AND STRATEGIC PLAN-
FINAL REPORT. Manager Bangs, Sarah Hughes, Groundswell for Good, LLC,
and Beth Melton, Melton Strategic Solutions presented the final Estes Valley
Childcare Needs Assessment and Strategic Plan for use of 6E Funds to support
access to childcare for the local workforce. The needs assessment identified the
declining youth population, changes in childcare supply, childcare capacity for
different age ranges, estimates for additional childcare slots for different age
ranges, provider experiences and struggles, and two projected demand scenarios
including the continuation of recent population trends and investments in workforce
housing which could affect the need for childcare. The Strategic Plan highlighted
the vision, values, success metrics, and goals for childcare which consist of
1)Retaining existing staff and recruit new staff and providers, 2)Increase and
maintain facility capacity, 3)Support the retention of new and existing providers
through financial sustainability while maintaining affordability for families, and
4)Increase childcare capacity in areas of highest need. The Board discussed the
interest of childcare providers in opening new childcare facilities, barriers of
opening new facilities, and the cost benefits of the assessment.
Whereupon Mayor Hall adjourned the meeting at 11:35 p.m.
Gary Hall, Mayor
Kimberly Disney, Recording Secretary
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Town of Estes Park, Larimer County, Colorado June 25, 2024
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 25th day of June, 2024.
Board: Mayor Hall, Trustees Brown, Cenac, Hazelton, Igel,
Lancaster, and Younglund
Attending: Mayor Hall, Trustees Brown, Cenac, Hazelton, Igel,
Lancaster, and Younglund
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Town Attorney Kramer, and Recording
Secretary Richards
Absent: None
Mayor Hall called the meeting to order at 5:15 p.m.
UPDATE ON NEW LOCATION FOR POLICE DEPARTMENT.
Project Manager Pastor presented updates and requested direction on the land
acquisition for the Police Department relocation.Cost, criteria and rankings of five
privately owned locations identified in 2023 were considered previously. Staff had
discussed the possibility of a multijurisdictional emergency response facility adjacent to
Dannels Fire Station with the Police Department, Estes Valley Fire Protection District,
and local medical services on property owned by the Bureau of Reclamation (BoR).
Advantages to this location included: no cost for land acquisition or permitting;
centralized location to other Town and entity facilities;and shared training facility for
emergency response teams.Staff held initial discussions with BoR to acquire
permission to utilize BoR land through a Special Use Permit,establish timelines,and
identify constraints and expectations.Staff recommended moving forward with the
pursual of this option.Board discussion was heard and has been summarized:support
in continuing discussions with BoR; concern for lack of timeline;and questioned if
additional options were being considered.The Board stated support for the no cost land
acquisition option, however, they requested more information on the considerations of
utilizing BoR land versus privately owned options.
PLANNED UNIT DEVELOPMENT CODE CHANGE.
Staff requested Board direction on pursuing amendments to the Estes Park
Development Code regarding Planned Unit Developments (PUD), a land use tool that
can provide flexibility from standard zone district requirements. Senior Planner
Hornbeck presented an overview of the current situation and proposed changes, citing
challenges accommodating recent development proposals and inconsistencies between
the Development Code and Estes Forward Comprehensive Plan. He stated the full
Development Code would undergo updates throughout 2024-2026, with the most recent
major update occurring in 2000. Amendments to the PUD would provide an interim
solution to address the disconnect between the Development Code and the
Comprehensive Plan, increase the number of eligible properties, provide opportunity for
innovative designs, ability to address workforce housing, and provide the Board the
authority to consider increased density. Conversely, the Town could see an increase in
PUD applications which require additional staff time to review and may appear unfair
and arbitrary due to the discretionary approval process. Board discussion was heard
and has been summarized: associated cost; flexibility in Community Development; what
additional zoning districts would be included; concerns raised on the scope of the
project prior to the Development Code rewrite; encouraged staff to pursue amendments
compatible with the rewrite of the Development Code; and support for not inhibiting
business development. Staff stated only commercial districts are under consideration
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Town Board Study Session – June 25, 2024 – Page 2
and PUD amendments would potentially be adopted into updated Development Code.
Board consensus was to move forward with draft code amendments as outlined by staff.
NEXT STEPS FOR THE TOWN-OWNED PARCEL AT ELM ROAD AND MORAINE
AVENUE.At the February 27, 2024 Study Session, staff presented options for the town-
owned parcel at Elm Road and Moraine Avenue including: take no action, sale of
property to fund a strategic goal, lease the property, or issue a Request for Expressions
of Interest (RFEI) with the Board indicating interest in the latter. Deputy Town
Administrator Damweber presented an overview of the RFEI in which applicants
provided their proposed use, community benefit,and portion of land sought and on what
terms.Staff requested Board direction on procedure for moving forward with five active
applicants.Board discussion ensued and has been summarized: Cost impact to take no
action;environmental assessment status;move forward with current proposal pool or
design a new appeal for community-based responses; importance of incumbent’s
community fit; potential for mixed use structure; need for traffic study; hearing feedback
from neighboring citizens;and if sold, designate proceeds for specific project. Board
indicated interest in commercial over residential use due to location and lot size and
indicated staff to pursue interest in interim lease to neighboring Hogback Distillery for
parking; requesting presentations from two remaining commercial use applicants;and
produce cost estimates of infrastructure improvements completed by the Town to guide
future of property and increase value.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
The Sister Cities Board would travel to Monteverde, Costa Rica in July to meet with
staff, citizens, and tour facilities. Trustee Younglund would be attending as liaison and
requested that staff and Board provide questions in advance of trip.
FUTURE STUDY SESSION AGENDA ITEMS.
The Board requested an overview of the current wildlife safety protocols to determine if
more action may be necessary by the Town to increase public safety and prevent
reputational damage.The Board discussed options including outreach by the Division of
Wildlife,the Police Auxiliary,the Watershed Coalition,options for increasing awareness
and interactive educational tools.
Trustee Lancaster requested staff investigate the potential use of animal traps
erroneously placed by citizens on town-owned land adjacent to Carriage Hills
subdivision which would be prohibited.
There being no further business,Mayor Hall adjourned the meeting at 6:43 p.m.
Rachel Richards, Recording Secretary
Town of Estes Park, Larimer County, Colorado, June 4, 2024
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. The meeting was held in the Town of
Estes Park on June 4, 2024.
Board: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman
Attending: Chair Moreau, Member Holtzman, Planner I Kara Washam, Senior Planner
Hornbeck, Director Steve Careccia, Town Board Liaison Bill Brown, Recording Secretary
Karin Swanlund
Absent: Newsom
Chair Moreau called the meeting to order at 9:00 a.m.
APPROVAL OF AGENDA
It was moved and seconded (Holtzman/Moreau) to approve the agenda. The motion
passed 2-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Holtzman/Moreau) to approve the Consent
Agenda. The motion passed 2-0.
PUBLIC COMMENT: none
.
VARIANCE REQUEST 261 W Riverside Dr. Planner Washam
It was moved and seconded (Holtzman/Moreau) to continue this item to a date
uncertain at the applicant's request. The motion passed 2-0.
VARIANCE REQUEST 2365 Big Thompson Ave Senior Planner Hornbeck
Planner Hornbeck reviewed the staff report. The applicant has requested a variance
from EPDC § 7.2.B.6 to allow retaining wall heights up to 23 feet in lieu of the maximum
of 6 feet. Rather than allowing retaining walls in excess of 6 feet in height, the EPDC
requires a system of terraced walls, each limited to a maximum of 6 feet in height with a
landscaped terrace with a minimum horizontal width of 5 feet between walls. The
applicant investigated using such a terraced system that would comply with the EPDC
requirements but found it not feasible given the slope and size of the property.
Also requested was a variance from EPDC § 7.2.B.2 to allow the original, natural grade
to be lowered by up to 25 feet rather than the maximum of 10 feet. The grade is
proposed to be lowered significantly in the northwest portion of the site to create a flat
building site. Staff recommended approval of the variance.
Discussion:
Chair Moreau questioned why such an extreme variance (approximately 250% and
400%) was being recommended for approval. A 14-foot grade is normal for Estes Park.
Projects are regularly built on grade, not on flat land. Developers work with the local
topography, and this request does not match the Estes Park environment. He asked if
tiering the building could be an option. It was confirmed that the excavated dirt would not
be taken to the Water Division property on Fish Creek.
Jodi Newton, hotel representative for the applicant, 2 Combs Enterprise, reviewed the
history behind acquiring the property. The retaining walls are tucked into the slope to
avoid site-line issues with the neighbors to the north. Numerous layouts were attempted
to fit the 30-foot building height, resulting in this proposal.
Jim Nugent, Thomas Construction, confirmed a 17-foot cut from the existing grade in the
back of the parking lot. ADA requirements would comply with slopes in the parking lot.
The north and south parking lots will be at different elevations (approximately 8-foot drop).
The wall closest to Big Thompson Ave will be a maximum of 10 feet. Due to the building
design, there is no ability to terrace.
Board of Adjustment, June 4, 2024 – Page 2
Public Comment:
Diane Perry, 2384 Bellvue Dr, does not want a retaining wall abutting her property.
It was moved and seconded (Moreau/Holtzman) to continue the variance to a date
uncertain. The motion passed 2-0.
REPORTS:
The Request for Proposal (RFP) for the Development Code Rewrite will be published
soon.
There being no further business, Chair Moreau adjourned the meeting at 9:50 a.m.
Jeff Moreau, Chair
Karin Swanlund, Recording Secretary
Town of Estes Park, Larimer County, Colorado, April 17, 2024
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 17th day of April,
2024.
Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Jessica Ferko,
Larry Gamble, Linda Hanick, and Mark Igel; Trustee Patrick Martchink; Staff
Liaison Greg Muhonen
Attending: Chair Morris; Vice-Chair Ekeren; Members Gamble, Hanick, and Igel;
Trustee Martchink; Director Muhonen; Engineer Bailey; Manager Klein;
Manager Pastor; Recording Secretary McDonald; Paul Hornbeck,
Community Development; Joan Hooper, Public Attendee; William Oster,
Public Attendee
Absent: Member Ferko
Chair Morris called the meeting to order at 12:06 p.m.
PUBLIC COMMENT
Chair Morris read the two Public Comment Forms submitted by Joan Hooper (Resident,
Public Attendee) regarding pedestrian safety concerns in construction zones and
downtown traffic congestion from private vehicles. Discussion points included the need
to accommodate downtown parking, particularly for eastbound drivers; the standard
practice for construction contracts to address pedestrian accommodations; and the
confusion caused by temporary crosswalks, which could be alleviated by adequate
signage and staffing at crosswalks and intersections. Director Muhonen will continue to
work with the Downtown Estes Loop (DEL) contractor, Flatiron Construction (FCI), to
address pedestrian safety concerns related to DEL construction.
TRUSTEE LIAISON UPDATE
With Trustee Martchink’s term expiring, he and TAB members exchanged mutual
appreciation for his service as Trustee Liaison.
APPROVAL OF MINUTES DATED FEBRUARY 21, 2024
It was moved and seconded (Gamble/Hanick) to approve the February 21, 2024,
minutes with a minor amendment, and it passed unanimously.
PARKING & TRANSIT UPDATES
Manager Klein reported that planning continues for the launch of the paid parking and
transit season that runs May 24-October 20, 2024. The reduced operational budget for
transit will require some schedule modifications for the Gold and Silver Routes. The
Brown Route will stop at the newly reopened Estes Park Aerial Tram; the Gold Route will
Transportation Advisory Board – April 17, 2024 – Page 2
now stop at the Stanley Home Museum and Education Center. Manager Klein will be
meeting with the YMCA of the Rockies to discuss their transit service needs.
The Car Park’s (TCP) new parking permit portal—updated for users nationwide and
focused on monthly parking options—is still being refined to accommodate the Town’s
seasonal parking permit needs. TCP also conducted a massive purge of duplicate
registrations, primarily for the Town’s Local Permit holders.
Bustang to Estes will continue to offer its Saturday and Sunday service on US 36 for $15
per rider for the duration of the 2024 paid parking and transit season. Promotional
materials will be accessible at the Estes Park Visitor Center, and the service will be further
marketed on radio and in print throughout the region.
The US 34 Transportation Management Organization (TMO) continues to develop and
has been named GoNoCo. Board membership will feature 15 directors representing local
agencies (9), the private sector (5), and the Colorado Department of Transportation
(CDOT; 1), with Manager Klein representing the Town.
The Electric Trolley Facility project will be discussed at a meeting later today. The Peak
will offer Special Event service for the April 20 Bigfoot Days Festival. Manager Klein will
present on the Town’s electric vehicle (EV) trolleys and EV charger program at the
Community Roundtable on Sustainability event to be hosted at the Estes Valley
Community Center on April 22.
Discussion points included how hotels and local attractions can promote The Peak to their
customers; parking kiosk relocations and the plan to place an additional kiosk in 2025;
and the value of TAB member presence at the April 10 DEL Public Meeting.
ENGINEERING UPDATES
Engineer Bailey reported great progress on utility relocations in recent days for the Cleave
Street Improvements (CSI) project. The Town’s Power & Communications team can now
begin its work on April 23. Reclaimed asphalt pavement should be placed by June 30,
allowing a clean pause for the project through early fall.
Three bids for the Graves Avenue–Safe Routes to School (SRTS) project all came in over
budget. Thanks to the “yes” vote to continue the 1A sales tax through 2034, Public Works
staff is working with Finance on a budget amendment to ensure, with Town Board
approval, that Town funds will cover construction of both sides of Graves Avenue. With
construction starting in early June, the project should be completed before school
resumes in August. There was brief discussion about the need for pedestrian crossing
signage at business driveway access points.
The Steering Committee for the 2045 Master Transportation Plan and 2030
Transportation Development Plan (MTP-TDP) will meet soon, with a public outreach
meeting to follow. Kimley-Horn continues to report activity on the online map and transit
survey tools.
Transportation Advisory Board – April 17, 2024 – Page 3
The Visitor Center Parking Lot Redesign project is moving forward, with Kimley-Horn
developing design alternatives for the TAB to discuss in May. Discussion points included
the project’s goals of ensuring a functional, safe space for both transit and pedestrian
activity; options for EV charging and micromobility; the recommendation that several
concepts for the parking lot design be offered; and the ongoing problem of safely crossing
US 34, for which options could be developed in the 2045 MTP.
ADMINISTRATIVE UPDATES
Director Muhonen summarized suggested revisions to the TAB bylaws regarding the
meeting schedule and number of members; any changes would require Town Board
approval. Discussion points included the possible language change from “regular” to
“convened” meetings; the benefits of a consistent meeting time and frequency; how the
TAB can preserve its value and commitment to being the “voice of the people,” which
helps to attract new members; the possibility of meeting together at any time as a public
group, which need not be defined by bylaws; and whether a minimum or maximum
member count should be established. Trustee Martchink advised that many of these
details had recently been discussed by the Town Board. It was agreed that any change
to the bylaws resulting from this discussion would be made by Director Muhonen and
submitted directly to the Town Board for approval.
Director Muhonen reminded the TAB that the current and future transportation spending
decisions made by Public Works staff are guided by the Town’s Strategic Plan, Capital
Improvement Program, and budget; therefore, relevant excerpts of these documents and
the Master Trails Plan were provided in the current packet for the TAB to review and
discuss. Priorities could be established by staff for TAB endorsement, or TAB members
could recommend to staff what the community considers priority. It was agreed that TAB
members would bring their written recommendations to the May meeting, so that staff
could incorporate their input into the Public Works funding request in June. There was
brief discussion about factors that influence the Town’s annual pavement condition index
(PCI).
Manager Pastor was introduced as the new Public Works Project Manager, and he briefly
explained the Big Horn Parking Structure ideas to be discussed at the May 14 Town Board
Study Session. Discussion points included expanding the structure with two additional
levels with different access points; the Estes Park Housing Authority’s (EPHA) interest in
developing the fourth level for elevator-access housing; and the opportunity to expand
downtown living as envisioned in the 2018 Downtown Plan.
TAB members were encouraged to sign up for the DEL project email updates and access
the public meeting recordings using the project website link in the agenda. Director
Muhonen will talk with Flatiron Construction (FCI) about maintaining a project completion
percentage on the project website.
TAB members were also encouraged to sign up for the CDOT US 34/36 Overlay Project
email updates using the project website link on the agenda.
Transportation Advisory Board – April 17, 2024 – Page 4
Director Muhonen congratulated Manager Klein on his selection as the Town’s new
Parking & Transit Manager, effective March 24.
UPDATE ON PAST PUBLIC COMMENT
See Public Comment item above.
OTHER BUSINESS
Member Hanick updated the TAB on her discussion with the Estes Park Newcomers Club
(EPNC) regarding a volunteer crossing guard program for kids crossing Colorado
Highway 7 (CO 7). She was advised that the EPNC volunteer coordinator position is
transitioning, but that the group affirmed interest in coordinating this pilot program.
There being no further business, Chair Morris adjourned the meeting at 1:53 p.m.
/s/Lani McDonald, Recording Secretary
Town of Estes Park, Larimer County, Colorado, May 15, 2024
Minutes of a Regular meeting of the TRANSPORTATION ADVISORY
BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held
in the Municipal Building in said Town of Estes Park on the 15th day of May,
2024.
Board: Chair Belle Morris; Members Jessica Ferko, Larry Gamble, and Linda
Hanick; Trustee Mark Igel; Staff Liaison Greg Muhonen
Attending: Member Hanick; Trustee Igel; Director Muhonen; Engineer Bailey; Manager
Klein; Engineer Waters; Manager Pastor; Recording Secretary McDonald;
Anthony Pratt, Presenter (Kimley-Horn); Kristen Ekeren, Public Attendee,
Joan Hooper, Public Attendee
Absent: Chair Morris, Member Ferko, Member Gamble
Due to the absence of chair and a lack of quorum, the Transportation Advisory Board
meeting adjourned at 12:16 p.m. Guest/Consultant Anthony Pratt of Kimley-Horn was
invited by the attendees to share his originally scheduled presentation on the Visitor
Center Parking Lot Redesign and the 2045 Multimodal Transportation Plan & Transit
Development Plan.
/s/Lani McDonald, Recording Secretary
PUBLIC WORKS Memo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Dana Klein, CCP, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: July 9, 2024
RE: Resolution 58-24 Revised Policy 842 Parking Permits
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek Town Board approval of proposed updates to Public Works
Policy 842 Parking Permits.
Present Situation:
On June 28, 2022, the Town Board approved Resolution 53-22, which amended
Resolution 81-21 Establishing 2022 Seasonal Paid Parking and Parking Permit Fees
for the purpose of piloting a new permit type (Express Pass) for the 2022 paid parking
season. Although stakeholder feedback was still being gathered for the Express Pass
when that Town Board packet item was submitted, the permit description was officially
added to Policy 842 Parking Permits; however, the Express Pass was never officially
advertised or sold as a parking permit option.
On May 9, 2023, the Town Board adopted Ordinance 05-23, Amending Chapter 10.06
of the Estes Park Municipal Code on Paid Parking to extend the free, daily time limit
for residents (Local Permit) from 60 minutes to 120 minutes; however, Public Works
staff missed the opportunity to officially update Policy 842 Parking Permits following
adoption of this ordinance. On May 3, 2024, to ensure that the policy reflected the
correct permit title of Local 120 Minutes Free for the 2024 paid parking season, staff
coordinated with the Town Clerk’s office to add a temporary editor’s note until this
packet could be fully prepared for Town Board approval.
Proposal:
Public Works staff seek Town Board approval of the following revisions to Policy 842
Parking Permit:
1. Edit the official title of the resident permit from Local 60 Minutes Free to Local
120 Minutes Free.
2. Omit the Daily Permit: Express Pass option.
A red-lined version of the updated policy is attached.
Advantages:
• As the guiding reference document for staff assisting customers with parking
permit registration and questions, Policy 842 Parking Permits must reflect
accurate information.
• The public will have access to the official version of Policy 842 Parking Permits on
the Town’s website and when registering for parking permits.
Disadvantages:
• The Daily Permit: Express Pass option has been in the official policy since June
2022, and questions could arise following its removal; however, the permit has
never been advertised or sold as a parking permit option.
Action Recommended:
Public Works staff recommend that the Town Board approve the proposed updates to
Public Works Policy 842 Parking Permits.
Finance/Resource Impact:
None.
Level of Public Interest
Public Works staff expect low public interest in these particular revisions to Policy 842
Parking Permits.
Sample Motion
I move for the approval/denial of Resolution 58-24.
Attachments:
1. Resolution 58-24
2. Ordinance 05-23
3. Policy 842 Parking Permits revised July 2024
RESOLUTION 58-24
AMENDING 2024 SEASONAL PAID PARKING AND PARKING PERMIT FEES
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted Chapter
10.06 of the Municipal Code, authorizing the implementation of seasonal parking fees by
resolution; and
WHEREAS, section 10.06.040 provides for permits in lieu of paid parking,
governed by rules and regulations to be approved by the Town Board; and
WHEREAS, section 10.04.040 allows for overnight parking where authorized by a
Town-issued parking permit; and
WHEREAS, Resolution 17-24 set the parking permit fees for 2024 and updated
Public Works Policy 842 regarding parking permits; and
WHEREAS, further updates are necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
1.The Express Pass daily parking permit is eliminated, and associated fees set for
the permit are void.
2.The Board hereby updates Policy 842, adopting the revisions now before the
Board.
3.This resolution shall be in full force and effect upon its passage and approval.
4.The Board repeals all resolutions or parts of resolutions in conflict with this
resolution, but only to the extent of such inconsistency.
DATED this 9th day of July, 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
ATTACHMENT 2
Document Title Policy 842 Parking Permits 05/03/2024
Revisions: 4 Town of Estes Park, Public Works Page 1 of 7
Effective Period: Until Superseded
Review Schedule: Annually
Effective Date: March 12, 2024
References: EP Municipal Code Title 10 Vehicles & Traffic
PUBLIC WORKS
842
Parking Permits
1) PURPOSE
The Town of Estes Park provides several options for permits that confer special parking
privileges to those who live, work and/or own a business in the downtown area (as
defined by the Town of Estes Park’s Commercial Downtown (CD) zoning district).
2) POLICY
As described in section 10.04.040 of the Estes Park Municipal Code, no person shall
park a vehicle in any Town-owned parking area overnight or longer than 18 hours
except where authorized by one of the permits described in this policy (Parking Permits)
or Revocable Encroachment Permit issued by the Town’s Public Works Department (or
designated representative or contractor). Furthermore, fees are required to park in
several Town parking spaces, except where an individual holds a permit in lieu of paid
parking under section 10.06.040. Violating vehicles will be subject to a parking citation
or removal of the vehicle pursuant to Colorado statutes.
3) PERMIT TYPES
The rules and regulations of each specific permit type are detailed below. Section 4
then provides general rules for all permit types.
a. Overnight Permit: Downtown Resident
i. Eligibility:
(1)This permit type is only available to those who can demonstrate proof of
residency in the downtown core, as defined by the Town of Estes Park’s
Commercial Downtown (CD) zoning district.
ii. Rules & Regulations:
(1)Permits are valid for an entire calendar year.
(2)Each permit must be registered to a specific license plate.
(3)Permits are valid only in one assigned parking area (lot), on a first-come, first-
served basis.
(4)Permits are not valid in time-limited or reserved spaces.
(5)There are no time restrictions for this permit; permit holders are allowed
access to their assigned parking area 24 hours per day, seven (7) days per
week.
ATTACHMENT 3
Document Title Policy 842 Parking Permits 05/03/2024
Revisions: 4 Town of Estes Park, Public Works Page 2 of 7
b. Overnight Permit: Downtown Rental Unit / Commercial Lodging
i. Eligibility:
(1) This permit type is only available to those who own, operate or manage a
licensed rental unit/hotel room/lodging property in the downtown core, as
defined by the Town of Estes Park’s Commercial Downtown (CD) zoning
district.
ii. Rules & Regulations:
(1) Permits are valid for an entire calendar year.
(2) A valid hangtag issued by the Town must always be displayed on the
vehicle’s rearview mirror.
(3) Permits are valid only in one assigned parking area (lot). This assignment will
be indicated on the permit.
(4) Permits are not valid in time-limited or reserved spaces.
(5) There are no time restrictions for this permit; permit holders are allowed
access to their assigned parking lot/area 24 hours per day, seven (7) days
per week.
(6) A $20 replacement fee will apply for lost or damaged hangtags.
c. Overnight Permit: General Use
i. Eligibility: General use overnight parking is only allowed in the following
circumstances:
(1) An individual is taking the Hiker Shuttle into Rocky Mountain National Park to
camp overnight in the park;
(2) An individual is participating in an extended hike in the Estes Park Valley
(either on their own or as part of a commercially-run tour) and does not have
a private location for their vehicle to park overnight;
(3) An individual has an extraordinary/emergency need for overnight parking
(e.g., vehicle is broken down). In this instance, the reason must be deemed
appropriate by Parking & Transit Division staff; or
(4) An individual is staying with a local lodging establishment and/or staying at a
licensed vacation rental (e.g., VRBO, Airbnb) and the main lodging location
does not have sufficient parking to accommodate all guests.
ii. Rules & Regulations:
(1) Not valid for use on a recreational vehicle as defined by Chapter 13 of the
Estes Park Development Code.
(2) Permit holders may not sleep in their vehicle at any time.
(3) Valid for up to seven (7) nights.
(4) Must be registered to a specific license plate. Vehicles that take up multiple
spaces (e.g., truck pulling a trailer) will be required to pay per vehicle, per
night, for each occupied space.
(5) Must be purchased at the time of parking.
(6) Only valid in the designated area of the Events Complex Park-n-Ride lot
(1125 Rooftop Way) as indicated on the following map:
Document Title Policy 842 Parking Permits 05/03/2024
Revisions: 4 Town of Estes Park, Public Works Page 3 of 7
d. Overnight Permit: Temporary Guest Permit
i. Eligibility:
(1) This permit is available to those who are guests of a valid Downtown
Resident Permit holder.
(2) The Downtown Resident Permit holder must apply for the Temporary Guest
Pass on behalf of their guests.
ii. Rules & Regulations:
(1) Not valid for use on a recreational vehicle as defined by Chapter 13 of the
Estes Park Development Code.
(2) Permit holders may not sleep in their vehicle at any time.
(3) Valid for up to seven (7) nights.
(4) Must be registered to a specific license plate. A valid hangtag issued by the
Town must always be displayed on the vehicle’s rearview mirror.
(5) Permits are valid only in one assigned parking area (lot). This assignment will
be indicated on the permit.
(6) Permits are not valid in time-limited or reserved spaces. There are no time
restrictions for this permit; permit holders are allowed access to their assigned
parking lot/area 24 hours per day, seven (7) days per week.
e. Employee Permit: Convenience Permit
i. Eligibility:
(1) Anyone who works in the downtown core is eligible to purchase this permit.
(2) Applicant must provide proof of employment or that they conduct business in
the downtown core, as defined by the Town of Estes Park’s Commercial
Downtown (CD) zoning district.
Document Title Policy 842 Parking Permits 05/03/2024
Revisions: 4 Town of Estes Park, Public Works Page 4 of 7
*
ii. Rules & Regulations:
(1)Permits are valid in any seasonal paid parking area.
(2)Permits are valid for an entire annual paid parking season.
(3)Permits are not valid in time-limited or reserved spaces.
(4)Permit is not valid for overnight parking.
(5)Only valid for non-marked personal vehicles (marked commercial vehicles are
not eligible for this permit).
(6)Each permit must be registered to a specific license plate.
(7)There is no limit to the number of vehicles that can share one permit;
however, permit holders who use a shared permit will be responsible for
managing the shared use of their permits. The Town is not responsible for
shared permit holders who receive a citation for attempting to use the same
permit on more than one vehicle at one time.
f. Business Permit: Commercial Loading
i. Eligibility:
(1)Anyone who works or conducts business in the downtown core (as defined by
the Town of Estes Park’s Commercial Downtown (CD) zoning district) is
eligible to purchase this permit.
(2)Applicant must provide proof of employment or that they conduct business in
the downtown core.
(3)Subject to proof of current business license.
ii. Rules & Regulations:
(1)Only valid for marked commercial or business vehicles (not for use on
unmarked personal vehicles).
(2)Permits are valid only in assigned parking areas (lots) and are available on a
first-come, first-served basis.
(3)Vehicles displaying this permit must be actively loading or unloading people
and/or goods.
(4)Each permit must be registered to a specific license plate or plates, in the
case of a shared permit.
(5)There is no limit to the number of vehicles that can share one permit;
however, permit holders who use a shared permit will be responsible for
managing the shared use of their permits. The Town is not responsible for
shared permit holders who receive a citation for attempting to use the same
permit on more than one vehicle at one time.
(6)Parking shall be permitted between the hours of 5 p.m. and 10 a.m. One
space per permit; multiple vehicles sharing a single permit may not park
overnight at the same time.
g. Local 120 Minutes Free
i. Eligibility:
(1)Anyone who resides within the Estes Park R3 School District.
(2)Applicant must provide proof of residency.
Document Title Policy 842 Parking Permits 05/03/2024
Revisions: 4 Town of Estes Park, Public Works Page 5 of 7
ii. Rules & Regulations:
(1) Permits are valid in any seasonal paid parking area, for up to 60 minutes of
free parking per day.
(2) Permits are valid for an entire annual paid parking season.
(3) Permits are not valid in time-limited or reserved spaces.
(4) Permit is not valid for overnight parking.
(5) Only valid for non-marked personal vehicles (marked commercial vehicles are
not eligible for this permit).
(6) Each permit must be registered to a specific license plate.
h. Volunteer Permit
i. Eligibility:
(1) This permit is available to any business, organization or governmental entity
offering uncompensated employment or volunteer opportunities in the
downtown core (as defined by the Town of Estes Park’s Commercial
Downtown (CD) zoning district).
(2) Applicant must provide proof that those who will be receiving a volunteer
permit are not being compensated, financially or otherwise.
ii. Rules and Regulations:
(1) Applicant must provide a specific time frame during which the permit(s) will be
active.
(2) This permit type can only be used while the vehicle’s driver is actively
volunteering without compensation. The permit is not valid while the vehicle’s
driver is conducting personal business.
(3) Permits are issued as physical hangtags for temporary display in a
volunteer’s vehicle.
(4) The hangtag must be clearly visible in the dash of the vehicle.
(5) During the time that the permit is active, it is the organization’s sole
responsibility to distribute, manage and account for all permits, and ensure
they are being used appropriately.
(6) A $20 replacement fee will apply for lost or damaged hangtags.
i. Daily Permit: Express Pass
i. Eligibility:
(1) This permit type is available to anyone who would like to park in one of the
Town’s eight paid parking areas during the annual paid parking season, in
order to conduct personal business in the downtown core.
ii. Rules & Regulations:
(1) This permit type must be purchased in advance prior to arriving in the parking
area of one’s choice. The Town’s Parking and Transit Manager may
determine how far in advance the purchase must occur for the permit to be
available, consistent with the requirements integrated into the platform or
other method for the purchase of the permit.
(2) This permit type is valid for one, two or three full days of parking during
posted paid parking hours.
(3) Permits are not valid in time-limited or reserved spaces.
Document Title Policy 842 Parking Permits 05/03/2024
Revisions: 4 Town of Estes Park, Public Works Page 6 of 7
(4)Permit is not valid for overnight parking.
(5) Purchasing this permit does not guarantee that a parking space will be
available nor does it guarantee that a parking space will be available in a
preferred parking area. Public parking is first-come, first-served in all parking
areas regardless of permit type or status.
(6)Each permit must be registered to a specific license plate.
(7)Only valid for non-marked personal vehicles (marked commercial vehicles are
not eligible for this permit).
(8)There will be no refunds for “unused” parking.
4) GENERAL RULES
The following rules are generally applicable to all of the permit types listed above.
Permit holders will be asked to review and agree via signature to the following terms
prior to receiving any Parking Permit.
a.Permits have no cash value and are non-transferable.
b.Permit holders must be parked legally in a designated public parking area (e.g., no
double-parking, parking in reserved areas, or parking in areas designated “No
Parking”). Permits are not valid in spaces for persons with disabilities, in fire lanes,
or in spaces marked “Reserved” for other uses (e.g., Police, Library).
c.Permit holder must move their vehicle within 24 hours for parking lot maintenance
(e.g., striping, sweeping, cleaning, snow removal). Written notice will be provided to
permit holders by email at least 24 hours in advance. If the vehicle has not been
moved after 24 hours of notice, the vehicle will be removed from the parking area at
the owner’s expense pursuant to Colorado statutes.
d.Permits are valid only for designated purposes as described in this Policy. Vehicles
are not exempt from paying hourly fees for paid parking when vehicles are parked
out of compliance with the rules and regulations of this Policy, and such
noncompliant parking is subject to enforcement under the Estes Park Municipal
Code.
e.Any permit holder who does not abide by this Policy will risk loss of their permit.
Upon first violation of the stated Rules and Regulations for their permit type, the
permit owner will receive a written warning by email and USPS mail. A second
violation will result in suspension of the permit for 30 days with the opportunity to
appeal. Appeals must be submitted in writing to The Car Park, PO Box 2285, Estes
Park, CO 80517, or in person at 363 East Elkhorn Ave, Suite 208. A third violation
could result in an additional suspension of the permit of up to 180 days with similar
opportunity to appeal, as well as immediate revocation of one’s ability to purchase
any additional parking permit for one year. The Parking and Transit Manager or
designee is authorized to make determinations on such warnings, suspensions, and
revocations, in their reasonable discretion. The hearing officer for any appeal shall
be designated by the Town Administrator. Notice of suspension of permit shall be
given with no less than ten (10) days’ opportunity to appeal, in the form and manner
specified by the Parking and Transit Manager, unless, in the Parking and Transit
Manager’s determination, the circumstances amount to an emergency and
immediate suspension is warranted.
Document Title Policy 842 Parking Permits 05/03/2024
Revisions: 4 Town of Estes Park, Public Works Page 7 of 7
f. The Town of Estes Park assumes no responsibility or liability for all risks, losses,
costs, and damages incurred during use of the Town-owned parking facilities.
g. Inoperable or abandoned vehicles are subject to towing at the owner’s expense
pursuant to Colorado statutes.
h. Any vehicle parked in violation of these stated regulations may be removed at the
owner’s expense pursuant to Colorado statutes.
i. The Town reserves the right to limit the sale and distribution of any permit at the
Town’s sole discretion.
j. In the event of a conflict, the Estes Park Municipal Code controls over any provisions
of this Policy.
5) COST OF PERMITS
a. The Parking and Transit Manager shall propose parking rates for the upcoming
season to the Town Board by March 15 of each year.
b. Full payment must be made prior to receiving the permit.
Approved:
Gary Hall, Mayor
_____________
Date
* Editor’s Note: This policy was updated on May 3, 2024 to reflect amendments approved
by Ordinance 05-23 on May 9, 2023.
PUBLIC WORKS Memo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Paul Fetherston, Internal Services Director
Laura Blevins, Grants Specialist
Date: July 9, 2024
RE: Resolution 59-24 Intergovernmental Agreement with CDOT for Zero
Emissions Fleet Transition Plan
(Mark all that apply)
☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☐CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER
QUASI-JUDICIAL ☐ YES ☒ NO
Objective:
Adoption of Resolution 59-24, which approves an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) for the Zero Emissions Fleet
Transition Plan.
Present Situation:
The Town of Estes Park (Town) currently has a fleet that consists of approximately 110
vehicles – of which a number are currently powered by gasoline, electricity, and hybrid.
The energy sources for the Town’s current fleet presents an opportunity to analyze
ways to maximize fuel efficiency and minimize emissions.
Proposal:
The Town’s 2024 Strategic Plan identifies the following initiative within the Infrastructure
Section – ‘We have reliable, efficient, and up-to-date infrastructure serving our
community and customers’:
Complete a Zero-Emission Fleet Transition Plan
In support of this initiative – and in an effort to assist the Town in making informed
decisions in moving towards a zero based emission vehicle fleet - the Town submitted
an application through the Colorado Department of Transportation (CDOT) Planning
Grant Program (Grant) for the completion of a Zero-Emissions (ZEV) Transition Plan
(Plan). The Grant application, which was recently approved, provides the Town with
funding to retain a qualified third-party consultant to develop a Plan intended to assist
Town staff and stakeholders in making informed decisions related to a transition plan.
The third-party consultant would work to provide a deliverable that includes (a) current
state assessment; (b) a process to determine a desired future state appropriate for the
Town; (c) an engagement process that includes elected officials, citizen advisory board
members, and Town staff; and (d) a finalized Plan that encompasses priorities,
timelines, estimated financial costs and savings, guidance on code, planning, land use
impacts, utility coordination, and identification of key partners and opportunities.
The Grant award anticipates a total project budget as outlined below:
State OIM ZEV Grant Funds $36,000
Town Local Fund Match $4,000
Total Project Budget $40,000
The projected timeline is for completion of the significant milestones be complete by late
2025 into 2026.
Advantages:
●Moves forward the Complete a Zero-Emission Fleet Transition Plan initiative
within the Infrastructure section of the 2024 Strategic Plan.
●Enables the Town to leverage State grant funds to (a) achieve one of the
initiatives identified in the 2024 Strategic Plan; and (b) complete an important
long-term planning process that will provide a Plan that identifies steps to realize
long term benefits for the Town organization and community.
●Places the Town in the position to identify and implement a Plan to realize
energy efficiencies and minimize emissions.
Disadvantages:
Requires a local match by the Town in the amount of $4,000 and corresponding staff
time in managing the project.
Action Recommended:
Staff recommend approval of Resolution 59-24.
Finance/Resource Impact:
$4,000 local match which will be funded by the Fleet Division Professional Services/
Consulting - Other Account.
Level of Public Interest
Public interest in this item is low.
Sample Motion:
I move to approve/deny Resolution 59-24.
Attachments:
1. Resolution 59-24
2.FY 2024 IGA CDOT Zero Emissions Fleet Transition Plan
a.Certification of Local Funds
b.Grant Application
c.Draft Grant IGA (will be updated)
RESOLUTION 59-24
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR A ZERO EMISSIONS FLEET
TRANSITION PLAN
WHEREAS, the Town Board desires to enter into the intergovernmental
agreement referenced in the title of this resolution for the purpose of receiving FY 2024
grant funding for a Zero Emissions Fleet Transition Plan for the Town of Estes Park.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this 9th day of July, 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
ATTACHMENT 2
CDOT Zero-Emission Vehicle (ZEV) Transition
Planning Grant Application
Please review the questions below and answer each one to the best of your ability. Please submit the completed
application form in PDF format and any and all supporting documentation (i.e. adopted plans, studies, data analyses,
or other relevant documents) to Michael King at michael.king@state.co.us. .
Please note that the attachment of planning documents is not a substitution for answering the questions. Please
respond in full to each and refer to specific sections of the written attachments as appropriate.
For questions that do not apply to your application, please write “N/A”, rather than leaving it blank. You will need to
respond to every question in order to proceed, even if it is simply a response of N/A.
Section A: Grant Request Summary
1. Request Amount:$32,000
2. Match Amount:$8,000
3. Total Project Amount:$40,000
*Note: the anticipated maximum grant amount is $45,000 and the anticipated minimum match percentage is
10%. Requests outside of these ranges will be considered under special circumstances - please reach out to
Michael King (michael.king@state.co.us) to discuss your specific situation prior to submission.
Section B: Transit Agency Details
1. Transit Agency Name:Estes Transit (Town of Estes Park)
2. Agency Contact Name:Vanessa Solesbee, CAPP, CCTM
3. Agency Contact Email:vsolesbee@estes.org
4. Counties of Operation:Larimer
5. Number of Employees:2 FTEs (Town staff); contracted operator employees 44 part-time drivers and 15
full-time and 3 part-time managers, cleaning staff and maintenance personnel/mechanics.
6. Current Fleet Size:Two (2) with one (1) on order; anticipated delivery Nov. 2022.
1
7. Current Fleet Breakdown by Vehicle Size and Fuel Type:
● Owned: 2019 Double K, Inc. (Hometown Trolley), Villager (Trolleybus), 30’, Battery-Electric
● Owned: 2004 Double K, Inc. (Hometown Trolley), Villager (Workhorse), 30’, Gasoline
● Owned: 2022 Double K, Inc. (Hometown Trolley), Villager (Trolleybus), 30’, Battery-Electric (on order)
● Annual Leases:Five (5) cutaway buses; three 15’ and two 24’.
8. Approximate Annual Budget:
● 2021:$744,684
● Proposed 2022:$700,291
Section C: Planning Project Description
1. Describe your proposed planning effort in as much detail as possible, including the purpose, goals,
timeline (conception to completion), and anticipated use once completed.
The purpose of this project is to explore the feasibility, cost, challenges and opportunities associated with a
transition to zero emission transit vehicles for the Town of Estes Park. The nature of the project is part feasibility
study, part financial assessment, part roadmap creation and part SWOT (Strength, Weaknesses, Opportunities
and Threats) Analysis. It is also an opportunity for Town staff, elected officials and advisory board members to do a
deep dive into the very real operational considerations that come along with a transition away from traditional fuels.
The Town of Estes Park feels that it is the right time to invest in a Zero Emission Fleet Transition Plan. As stated in
the State of Colorado’s Transit Zero Emission Roadmap (November 2021), the Town “recognizes that the transit
sector faces unique challenges and opportunities in transitioning to Zero Emission Vehicles (ZEVs) and
installing/constructing the charging and fueling infrastructure necessary to support them.”
The Town will be implementing its second battery-electric trolley replica vehicle in late 2022 and the Town Board of
Trustees recently identified the need to “explore funding partnership opportunities for creation of a plan to convert
the Town fleet to low or zero emission fuels” as part of their 2023 Strategic Plan (Reference number 6.A.2).
For the Town to proceed with additional transit electrification efforts, a plan needs to be in place providing
information on priorities, facility and infrastructure needs, costs, and a timeframe for initiation and implementation.
This plan will be supported with data that has been collected over the years of transit services and additional data
collected during plan development.
The following provides a high-level overview of proposed project timing and is based on the assumption of a Q1
2023 award notification from CDOT. All milestones are subject to change pending award notice and grant
agreement timing:
● Notice of Award: TBD, estimating Q1 2023
● Issue RFP for consultant: Q1/Q2 2023
● Selection of consultant and notice to proceed: Q2/Q3 2023
● Plan development Q3/Q4 2023
● Plan adoption: Q1 2024
● Final reporting and reimbursement request: Q2 2024
The Town views a ZEV Fleet Transition Plan as a feasibility and deployment roadmap that will help define actions
and costs that would be needed to maximize battery electric vehicle usage for the Estes Transit services and
facilities. The proposed project will complement and supplement other plans recently adopted by the Town Board
of Trustees that reference climate change and reducing greenhouse gasses: the Electric Vehicle Infrastructure and
Readiness Plan and the Environmental Sustainability Task Force Report. Based on modeling, simulation, data,
studies and/or other methods of research and inquiry, this plan will provide information for the Town of Estes Park
to reasonably proceed with ZEVs for its transit services.
2. If this project is an update or supplement to an existing ZEV Transition Plan, please
explain how it will differ from the existing document and add value to your fleet transition
efforts. If this is a new planning effort, enter N/A.
N/A
3. Identify which of the following elements of fleet transition planning you intend to
address through this planning effort (check all that apply):
✅Fleet transition targets and timelines
✅Assessment of current and future vehicle capabilities, including target vehicle specs that may trigger the start of
the fleet transition
✅Consideration of potential facility renovations and electrical supply infrastructure upgrades necessary to
support the charging of vehicles
✅Route analyses of anticipated initial ZEV deployments
✅Financial assessment of budgetary impacts and required resources
✅Consideration of workforce training and development needs
✅Analysis of potential air quality, health, and economic benefits of ZEVs
✅Specific impacts to environmental justice (EJ) and/or disproportionately impacted (DI)
communities
✅Coordination with utility partners, property managers, local governments, partner agencies,
and other key stakeholders
✅Public engagement elements to support the other transition elements
⬜ Others (please list)
4. What specific barriers and challenges do you expect will need to be overcome
to successfully complete this planning project?
The most immediate barrier or challenge to completing the project is identifying funding for the Plan within the
Town's very competitive annual budgeting process. However, as the Town has learned over the past few years
with implementation of its first electrified transit vehicle, the real challenge will be in Plan implementation.
A range of challenges have been identified with the implementation of the first electric trolley:
The sobering difference between vendor-defined performance and field performance;
● Cold weather impact on battery life and reliability;
● Specialized maintenance and storage needs;
● Learning curve for operators and ongoing concerns/anxiety about range and performance;
● Resource limitations of a small, rural community; and
● Growing infrastructure and facility needs.
Even with the range of real (and perceived) challenges with ZEV fleet transition, the Town is committed to
proceeding with development of a Plan to help guide future investment in a more thoughtful and organized way.
This project is a vital next step in helping Town staff, elected officials and the community feel more confident in
pursuing a transition to zero emission vehicles, and to proactively identify and prepare for the challenges that lie
ahead.
5. Describe the project plan, including tasks to be completed, milestones,
estimated completion dates, and anticipated project deliverables in as much detail
as is currently available.
The Town anticipates that this process will include: an existing conditions assessment; identification of
barriers/challenges to the transition; and a robust priority-setting exercise with Town staff, citizen advisory board
members and elected officials; provide guidance on code, planning, land use impacts, and utility coordination; and
identify key partners.
The plan will be focused on the opportunities, challenges, and barriers to implementation, as well as the timing and
feasibility of transitioning the Town of Estes Park’s transit fleet to zero emission vehicles.
Anticipated Plan tasks include:
● Obtaining funds for plan development
● Development of a Request for Proposal for qualified consulting services
● Existing conditions assessment
● Coordination with the municipal utility
● Review of current code and land use policy, including integration with the Town's Comp Plan Update (due
to be delivered in WInter 2022)
● Identification of barriers to ZEV transition and adoption, both real and perceived
● Operational considerations
● Equity and accessibility
● Budgeting and financial viability
● Community appetite and risk assessment
● Creation of a Draft Plan
● Presentation and delivery of the Final Plan and Implementation Matrix
● Plan adoption
● Budgeting for Implementation
● Plan implementation
The Town anticipates the following deliverables and outcomes from this planning process:
● Define a long-term fleet management plan;
● Address the availability of current and future resources to meet costs for the transition and implementation
to ZEVs;
● Consider policy and legislation impacting relevant technologies;
● Define social equity and accessibility implications;
● Evaluate existing and future facilities and their relationship to the transition;
● Coordination and partnership-building with the municipal utility (Estes Park Power & Communications),
Platte River Power Authority and/or other potential alternative fuel providers; and,
● Define the impact of the transition on the local workforce by identifying skill gaps, training needs, and
retraining needs of the existing workers of the applicant to operate and maintain zero-emission vehicles
and related infrastructure and avoid displacement of the existing workforce.
This planning effort would support recommendations found in two previously drafted and adopted plans: the Town
of Estes Park Electric Vehicle Infrastructure and Readiness Plan and the Estes Park Environmental Sustainability
Task Force Report. The plan would also support key one-year objectives outlined in the Town’s 2023 Strategic
Plan.
The Town has demonstrated its commitment to supporting a ZEV future through its investment in electrified trolley
buses, public EV charging stations (Level II and III) as well as internal planning efforts. With local, State and
Federal direction, mandates and goals related to the ZEV transition, Town staff are ready to conduct this important
planning process.
6. Describe how the results of the projects will be used and by whom, including the
project implementation strategy.
The results of this planning effort will be used by Town staff, the Town's citizen Transportation Advisory Board and
elected officials to help guide project (plan) implementation. The results of this planning effort will lay the
foundation for a robust and meaningful conversation about the feasibility of transitioning the Town's transit fleet to
alternative, zero-emission fuels. The importance of this conversation cannot be overstated for a Town like Estes
Park. While we are technically a small, rural mountain Town, our location as the eastern gateway to Rocky
Mountain National Park and our pristine natural setting have positioned us as an attractive, bustling summer
vacation spot for millions of annual visitors.
Our limited roadway network combined with our popularity and lack of private transportation or TNC (transportation
network company) options position Estes Transit as a top provider of transportation services for many guests and
seasonal employees. A ZEV Fleet Transition Plan would allow the Town to set a clear and shared vision for the
future of clean(er) fuels in the large transit vehicles that serve our valley. The plan will also allow the Town to
regain eligibility for FTA funding to purchase additional zero emission transit vehicles rather than continue to lease
gasoline or diesel vehicles each year.
7.Do you collect demographic data about ridership? If so, what specific data do you collect, i.e. what
populations does your transit service primarily serve?
Historically, the Town has not consistently collected demographic data for transit riders. However, the Town is
about to kick-off a transit branding project and one of the defined consultant tasks includes conducting a short
survey to “define riders and target audiences including underserved and culturally diverse communities”.
According to 2021 population estimates by the US Census Bureau, Estes Park is 88% Caucasian (not Hispanic)
and 11% Hispanic with less than one percent reporting two or more races. The Town did conduct an intercept
survey of riders during the 2021-2022 Winter/Spring Trolley Service (November 2021 - May 2022) which indicated
that around 8% of our riders are local (vs. visitors).
8. How will you ensure that the ZEV planning process engages riders from a variety of geographic
communities, economic backgrounds, and ethnicities?
As mentioned in the response to #7, Town is about to kick-off a transit branding project and one of the defined
consultant tasks includes conducting a short survey to “define riders and target audiences including underserved
and culturally diverse communities”. This effort will supplement other efforts to engage with riders from all
backgrounds and circumstances via an organization-wide Diversity, Equity and Inclusion (DEI) process that is
being led by the Town’s Executive Leadership Team. This effort was kicked off in 2021 and included intensive,
consultant-led training and one of the action items includes monthly documentation of DEI efforts across all
departments and some divisions (including Estes Transit).
This DEI effort has laid the foundation for more inclusive outreach efforts - an example of which was a project
information session developed by the Town’s Engineering Dept., which was held onsite within the impacted
neighborhood and included culturally-appropriate music, dancing, food and interpretation services. The attendance
for this event was really strong and the proposed ZEV planning process will learn from this success when defining
preferred outreach strategies.
9. Because the entire fleet won’t become electric all at once, decisions will be made about which routes
are electrified first and thus, which populations will experience benefits first. How will you ensure that the
benefits of your fleet transition are distributed equitably, and what data will you collect in the process?
Public engagement will be an important part of the ZEV planning process. The Town will use its existing DEI
framework to ensure strategic and creative outreach processes that seek to identify and engage current and
potential future transit riders in the Estes Valley. The public process for this planning effort will help inform and
complement a route analysis effort that will consider a variety of factors, including traffic patterns, land use, labor
shed, and key commercial corridors, just to name a few.
10. Describe your readiness to solicit proposals from consultants to complete this project, if awarded. Do
you anticipate the need for any technical assistance from CDOT to do so?
The Town has robust experience in developing and managing consultant solicitations. In preparation for this grant
application, we proactively reached out to other Colorado communities similar to Estes Park who have recently
completed ZEV Fleet Transition Plans. We have a good resource library of Request for Proposal (RFP) samples
and have requested scope suggestions from the consultant who prepared our Electric Vehicle Infrastructure and
Readiness Plan in 2021.
Beyond our technical capacity and expertise in managing soitications of this type, the Town recently invested in
several new members of the Mobility Services team, bringing the Full-Time Employees (FTE) available to work on
this planning effort from one to three. The Public Works Department has identified this project as a priority for the
Mobility Services Manager in 2023.
11. Are you confident that you can complete the project within the targeted 12 month
period following contract execution? If not, what special circumstances require you to
take longer than 12 months (while still completing the project within the required 24
month period)?
Yes
Section D: Financial Need & Readiness
1.Please provide a detailed project budget below. Be as specific and accurate as possible in connecting
the key elements of the project to specific dollar amounts and timelines.
Federal/State Share (Up to 80%)$32,000
Local Share (Min of 20%)$8,000
Total Cost $40,000
While we do not know the specific cost per task and deliverable of this proposed ZEV Fleet Transition Plan, our
project budget was developed by soliciting information from other Colorado-based transit agencies who have
recently conducted this type of planning effort. It has also been based on our specific needs, size of fleet and our
seasonal service fluctuations. All of the requested grant funding would go towards consulting services.
See attachment 009
2. Please identify the source of your match funding and whether it is confirmed or
dependent on another funding request. If your match funds are not yet secured, what
steps will be required to do so?
Town of Estes Park General Funds, for the local (20%) match.
3. Is the proposed project completely dependent on grant funding? If not, how will
you proceed if you do not receive this award?
If not awarded, developing a ZEV Fleet Transition Plan will likely be delayed until Town funds can be budgeted.
Each year, transit has to compete with a variety of other high-priority departments and divisions like public safety,
streets, utilities and community development in order to carve out budget commitments. Projects and priorities
above and beyond existing operating budgets have to compete across the Town organization and are ranked by
each department director, the Finance Director, Town Administrator and Town Board of Trustees.
Please submit completed applications and relevant supporting documentation to Michael
King at michael.king@state.co.us.
Contract Number: 24-HTR-ZL-00234/491003514
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STATE OF COLORADO GRANT AGREEMENT
COVER PAGE
State Agency
Department of Transportation
Agreement Number/PO Number
24-HTR-ZL-00234/491003514
Grantee
TOWN OF ESTES PARK
Agreement Performance Beginning Date
The Effective Date
Initial Agreement Expiration Date
December 31, 2025 Grant Agreement Amount
2023 OIM ZEV Funds Maximum Amount Fund Expenditure End Date
December 31, 2025 State Fiscal Year
Local Funds
Total for all State Fiscal Years
$36,000.00
$4,000.00
$36,000.00
Agreement Authority
Authority to enter into this Agreement exists in
CRS §§43-1-106, 43-1-110, 43-1-117, 43-2-
101(4)(c), 43-4-811(2), SB21-260.
Agreement Purpose
The Zero-Emission Vehicle (ZEV) Transition Planning grant was established to assist in the development of
agency plans, studies, and analyses to prepare for and accelerate the deployment of zero -emission transit
vehicles and support the infrastructure, facilities, training, and organizational investments necessary to make
such deployments successful.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Agreement:
1.Exhibit A, Statement of Work and Budget.
2.Exhibit B, Sample Option Letter.
3. Exhibit C, Title VI-Civil Rights.
In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such
conflict or inconsistency shall be resolved by reference to the documents in the following o rder of priority:
1.Exhibit C, Title VI-Civil Rights.
2.Colorado Special Provisions in §17 of the main body of this Agreement.
3.The provisions of the other sections of the main body of this Agreement.
4.Exhibit A, Statement of Work and Budget.
5. Executed Option Letters (if any).
Principal Representatives
For the State:
Moira Moon
Division of Transit and Rail
2829 W. Howard Pl.
Denver, CO 80204
moira.moon@state.co.us
For Grantee:
Vanessa Solesbee
TOWN OF ESTES PARK
PO BOX 1200
ESTES PARK, CO 80517-1200
vsolesbee@estes.org
DocuSign Envelope ID: E32CCB84-31B3-43D9-8103-0CC9E46B2E50
Contract Number: 24-HTR-ZL-00234/491003514
Page 2 of 24
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this
Agreement and to bind the Party authorizing such signature.
GRANTEE
TOWN OF ESTES Park
__________________________________________
By: Wendy Koenig, Mayor
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
__________________________________________
By: Keith Stefanik, P.E., Chief Engineer
Date: _________________________
GRANTEE
TOWN OF ESTES Park
__________________________________________
__________________________________________
By: Dan Kramer, Town Attorney
Date: _________________________
GRANTEE
TOWN OF ESTES Park
__________________________________________
__________________________________________
By: Jackie Williamson, Town Clerk
Date: _________________________
In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State
Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Department of Transportation
Effective Date:_____________________
DocuSign Envelope ID: E32CCB84-31B3-43D9-8103-0CC9E46B2E50
Contract Number: 24-HTR-ZL-00234/491003514
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TABLE OF CONTENTS
1.PARTIES................................................................................................................................................. 3
2.TERM AND EFFECTIVE DATE .......................................................................................................... 3
3.DEFINITIONS ........................................................................................................................................ 4
4.STATEMENT OF WORK ...................................................................................................................... 6
5.PAYMENTS TO GRANTEE ................................................................................................................. 6
6.REPORTING - NOTIFICATION ........................................................................................................... 7
7.GRANTEE RECORDS ........................................................................................................................... 8
8.CONFIDENTIAL INFORMATION - STATE RECORDS .................................................................... 9
9.CONFLICTS OF INTEREST ............................................................................................................... 10
10.INSURANCE ........................................................................................................................................ 10
11.BREACH OF AGREEMENT ............................................................................................................... 12
12.REMEDIES ........................................................................................................................................... 12
13.DISPUTE RESOLUTION .................................................................................................................... 13
14.NOTICES and REPRESENTATIVES .................................................................................................. 13
15.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ...................................................... 14
16.GENERAL PROVISIONS .................................................................................................................... 14
17.COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ..................................... 16
1.PARTIES
This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the
“Grantee”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page
for this Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement.
2.TERM AND EFFECTIVE DATE
A.Effective Date
This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be
expended by the Fund Expenditure End Date shown on the Cover Page for this Agreement. The State shall
not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to
pay Grantee for any Work performed or expense incurred before the Effective Date, except as described in
§5.D, or after the Fund Expenditure End Date. If the Work will be performed in multiple phases , the period
of performance start and end date of each phase is detailed under the Project Schedule in Exhibit A.
B.Initial Term
The Parties’ respective performances under this Agreement shall commence on the Agreement Performance
Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement
Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated
or further extended in accordance with the terms of this Agreement.
C.Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this Agreement beyond the
Initial Term for a period, or for successive periods, of one year or less at the same rates and under the same
terms specified in this Agreement (each such period an “Extension Term”). In order to exercise this option,
the State shall provide written notice to Grantee in a form substantially equivalent to Sample Option Letter
attached to this Agreement.
D.End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at
its discretion, upon written notice to Grantee in a form substantially equivalent to the Sample Option Letter
attached to this Agreement, may unilaterally extend such Initial Term or Extension Term for a period not to
exceed two months (an “End of Term Extension”), regardless of whether additional Extension Terms are
available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect
during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution
of a replacement Agreement or modification extending the total term of this Agreement .
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Contract Number: 24-HTR-ZL-00234/491003514
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E.Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as determined
by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the
State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this
Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for
convenience. This subsection shall not apply to a termination of this Agreement by the State for Breach of
Agreement by Grantee, which shall be governed by §12.A.i.
i.Method and Content
The State shall notify Grantee of such termination in accordance with §14. The notice shall specify the
effective date of the termination and whether it affects all or a portion of this Agreement, and shall
include, to the extent practicable, the public interest justification for the termination.
ii.Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to the
rights and obligations set forth in §12.A.i.a.
iii.Payments
If the State terminates this Agreement in the public interest, the State shall pay Grantee an amount equal
to the percentage of the total reimbursement payable under this Agreement that corresponds to the
percentage of Work satisfactorily completed and accepted, as determined by the State, less payments
previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State,
the State may reimburse Grantee for a portion of actual out -of-pocket expenses, not otherwise
reimbursed under this Agreement, incurred by Grantee which are directly attributable to the uncompleted
portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall not exceed
the Grant Maximum Amount payable to Grantee hereunder.
F.Grantee’s Termination Under State Requirements
Grantee may request termination of this Grant by sending notice to the State, which includes the reasons for
the termination and the effective date of the termination. If this Grant is terminated in this manner, then
Grantee shall return any advanced payments made for work that will not be performed prior to the effective
date of the termination.
3.DEFINITIONS
The following terms shall be construed and interpreted as follows:
A.“Agreement” means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
B.“Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with
this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under
any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a
receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30
days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or
suspended under §24-109-105, C.R.S., at any time during the term of this Agreement, then such debarment
or suspension shall constitute a breach.
C.“Budget” means the budget for the Work described in Exhibit A.
D.“Business Day” means any day other than Saturday, Sunday, or a legal holiday as listed in §24 -11-101(1),
C.R.S.
E.“CORA” means the Colorado Open Records Act, §§24 -72-200.1, et seq., C.R.S.
F.“Deliverable” means the outcome to be achieved or output to be provided, in the form of a tangible or
intangible Good or Service that is produced as a result of Grantee’s Work that is intended to be delivered by
Grantee.
G.“Effective Date” means the date on which this Agreement is approved and signed by the Colorado State
Controller or designee, as shown on the Signature Page for this Agreement.
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Contract Number: 24-HTR-ZL-00234/491003514
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H. “End of Term Extension” means the time period defined in §2.D.
I. “Exhibits” means the exhibits and attachments included with this Agreement as shown on the Cover Page
for this Agreement.
J. “Extension Term” means the time period defined in §2.C.
K. “Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this
Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection
with the Services.
L. “Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made
available for payment by the State under this Agreement.
M. “Grant Maximum Amount” means an amount equal to the total of Grant Funds for this Agreement.
N. “Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the
unauthorized access, loss, disclosure, modification, disruption, or de struction of any communications or
information resources of the State, which are included as part of the Work, as described in §§24-37.5-401, et
seq., C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State
system or State Records regardless of where such information is located; (ii) unwanted disruption or denial
of service; (iii) the unauthorized use of a State system for the processing or storage of data; or (iv) changes
to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction,
or consent.
O. “Initial Term” means the time period defined in §2.B.
P. “Matching Funds” (Local Funds) means the funds provided by Grantee as a match required to receive the
Grant Funds.
Q. “Party” means the State or Grantee, and “Parties” means both the State and Grantee.
R. “PII” means personally identifiable information including, without limitation, any information maintained
by the State about an individual that can be used to distinguish or trace an individual’s identity, such as name,
social security number, date and place of birth, mother‘s maiden name, or biometric records. PII includes,
but is not limited to, all information defined as personally identifiable information in §§24-72-501 and 24-
73-101, C.R.S.
S. “Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include
any services to be rendered by Grantee in connection with the Goods.
T. “State Confidential Information” means any and all State Records not subject to disclosure under CORA.
State Confidential Information shall include, but is not limited to PII, and State personnel records not subject
to disclosure under CORA. State Confidential Information shall not include i nformation or data concerning
individuals that is not deemed confidential but nevertheless belongs to the State, which has been
communicated, furnished, or disclosed by the State to Grantee which (i) is subject to disclosure pursuant to
CORA; (ii) is already known to Grantee without restrictions at the time of its disclosure to Grantee; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by Grantee to the State; (iv)
is disclosed to Grantee, without confidentiality obligations, by a third party who has the right to disclose such
information; or (v) was independently developed without reliance on any State Confidential Information.
U. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-
30-202(13)(a), C.R.S.
V. “State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June
30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal
Year ending in that calendar year.
W. “State Records” means any and all State data, information, and records, regardless of physical form.
X. “Subcontractor” means any third party engaged by Grantee to aid in performance of the Work.
“Subcontractor” also includes sub-grantees of Grant Funds.
Y. “Work” means the Goods delivered and Services performed pursuant to this Agreement.
Z. “Work Product” means the tangible and intangible results of the Work, whether finished or unfinished,
including drafts. Work Product includes, but is not limited to, documents, text, software (including source
code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives,
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Contract Number: 24-HTR-ZL-00234/491003514
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pictures, drawings, designs, models, surveys, maps, material s, ideas, concepts, know-how, information, and
any other results of the Work. “Work Product” does not include any material that was developed prior to the
Effective Date that is used, without modification, in the performance of the Work.
Any other term used in this Agreement that is defined elsewhere in this Agreement or in an Exhibit shall be
construed and interpreted as defined in that section.
4. STATEMENT OF WORK
Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit
A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of
any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO GRANTEE
A. Grant Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay
Grantee any amount under this Agreement that exceeds the Grant Maximum Amount for that State Fiscal
Year shown on the Cover Page of this Agreement as “FASTER Funds Maximum Amount”.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Grantee in the amounts and in accordance with the conditions set forth in Exhibit
A.
b. Grantee shall initiate payment requests by invoice to the State, in a form and manner approved by
the State.
c. Any advance payment allowed under this Agreement, shall comply with State Fiscal Rules and be
made in accordance with the provisions of this Agreement and its Exhibits. Eligibility and
submission for advance payment is subject to State approval and must include approved
documentation in the form and manner set forth and approved by the State.
d. The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long
as the amount invoiced correctly represents Work completed by Grantee and previously accepted
by the State during the term that the invoice covers. If the State determines that the amount of any
invoice is not correct, then Grantee shall make all changes necessary to correct that invoice.
e. The acceptance of an invoice shall not constitute acceptance of any Work performed or Deliverables
provided under this Agreement.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear int erest
on the unpaid balance beginning on the 45th day at the rate of 1% per month, as required by §24 -30-
202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts
that the State disputes in writing. Grantee shall invoice the State separately for accrued interest on
delinquent amounts, and the invoice shall reference the delinquent payment, the number of days’ interest
to be paid and the interest rate.
iii. Payment Disputes
If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the
State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the
payment or notification of the determination or calculation of the payment by the State. The State will
review the information presented by Grantee and may make changes to its determination based on this
review. The calculation, determination or payment amount that results from the State’s review shall not
be subject to additional dispute under this subsection. No payment subject to a dispute under this
subsection shall be due until after the State has concluded its review, and the State shall not pay any
interest on any amount during the period it is subject to dispute under this subsec tion.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the current State Fiscal
Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and
continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special
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Provisions). If federal funds or funds from any other non -State funds constitute all or some of the Grant
Funds, the State’s obligation to pay Grantee shall be contingent upon such non-State funding continuing
to be made available for payment. Payments to be made pursuant to this Agreement shall be made only
from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining
of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become
unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in
whole or in part, without incurring further liability. The State shall, however, remain obligated to pay
for Services and Goods that are delivered and accepted prior to the effective date of notice of termination,
and this termination shall otherwise be treated as if this Agreement were terminated in the public interest
as described in §2.E.
C. Matching Funds
Grantee shall provide Matching Funds as provided in §5.A and Exhibit A. Grantee shall have raised the full
amount of Matching Funds prior to the Effective Date and shall report to the State regarding the status of
such funds upon request. Grantee’s obligation to pay all or any part of any Matching Funds, whether direct
or contingent, only extends to funds duly and lawfully appropriated for the purposes of this Agreement by
the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee
represents to the State that the amount designated “Grantee’s Matching Funds” in Exhibit A has been legally
appropriated for the purposes of this Agreement by its authorized representatives and paid i nto its treasury
or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments
in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. If
Grantee is a public entity, Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes
or penalties of any nature, except as required by Grantee’s laws or policies .
D. Reimbursement of Grantee Costs
i. Any costs incurred by Grantee prior to the Effective Date shall not be reimbursed.
ii. The State shall reimburse Grantee’s allowable costs, not exceeding the Grant Maximum Amount shown
on the Cover Page of this Agreement and on Exhibit A for all allowable costs described in this
Agreement and shown in Exhibit A, except that Grantee may adjust the amounts between each line item
of Exhibit A without formal modification to this Agreement as long as the Grantee provides notice to
the State of the change, the change does not modify the Grant Maximum Amount of this Agreement or
the Grant Maximum Amount for any State Fiscal Year, and the change does not modify any requirements
of the Work.
iii. The State shall only reimburse allowable costs described in this Agreement and shown in the Budget if
those costs are:
a. Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and
b. Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by
Grantee that reduce the cost actually incurred.)
iv. Grantee’s costs for Work performed after the Fund Expenditure End Date shown on the Signature and
Cover Page for this Agreement, or after any phase performance period end date for a respective phase
of the Work, shall not be reimbursable. Grantee shall initiate any payment request by submitting invoices
to the State in the form and manner set forth and approved by the State .
E. Close-Out
Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Cover
Page for this Agreement. To complete close-out, Grantee shall submit to the State all Deliverables (including
documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice. The State
will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the
State as substantially complete.
6. REPORTING - NOTIFICATION
A. Quarterly Reports
In addition to any reports required pursuant to any other Exhibit, for any Agreement having a term longer
than three months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for
each specified performance measure and standard in this Agreement. Such progress report shall be in
accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted
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to the State not later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Grantee is served with a pleading or other docu ment in connection with an action before a court or other
administrative decision making body, and such pleading or document relates to this Agreement or may affect
Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within 10 days after being
served, notify the State of such action and deliver copies of such pleading or document to the State’s Principal
Representative identified on the Cover Page for this Agreement.
C. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than 45 calendar days
after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised
by the State, containing an evaluation and review of Grantee’s pe rformance and the final status of Grantee’s
obligations hereunder.
D. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of State criminal law
involving fraud, bribery, or gratuity violations potentiall y affecting the Federal Award. The State may impose
any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include,
without limitation, suspension or debarment.
7. GRANTEE RECORDS
A. Maintenance
Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of
all records, documents, communications, notes and other written materials, electronic media files, and
communications, pertaining in any manner to the Work and the delivery of Services (including, but not
limited to, the operation of programs) or Goods hereunder (collectively, the “Grantee Records”). Grantee
shall maintain such records for a period of three years following the date of submission to the State of the
final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission
of each quarterly or annual report, respectively (the “Record Retention Period”). If any litigation, claim, or
audit related to this Award starts before expiration of the Record Retention Period, the Record Retention
Period shall extend until all litigation, claims, or audit findings have been resolved and final action taken by
the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit,
oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period
shall be extended. For records for real property and equipment, the Record Retention Period shall extend
three years following final disposition of such property.
B. Inspection
Grantee shall permit the State and any other duly authorized agent of the State to audit, inspect, examine,
excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make
Grantee Records available during normal business hours at Grantee’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from the State, unless
the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the
State.
C. Monitoring
The State and any other duly authorized agent of the State, in its discretion, may monitor Grantee’s
performance of its obligations under this Agreement using procedures as determined by the State. The State
shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time
during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not
unduly interfere with Grantee’s performance of the Work.
D. Final Audit Report
Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s
records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a
third party.
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8. CONFIDENTIAL INFORMATION - STATE RECORDS
A. Confidentiality
Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless
those State Records are publicly available. Grantee shall not, without prior written approval of the State, use,
publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except
as otherwise stated in this Agreement, permitted by law or approved in writing by the State. Grantee shall
provide for the security of all State Confidential Information in accordance with all applicable laws, rules,
policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State
Records to the State’s Principal Representative identified on the Cover Page of this Agreement .
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as n ecessary to
perform the Work, but shall restrict access to State Confidential Information to those agents, employees,
assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee
shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing
nondisclosure provisions at least as protective as those in this Agreement, and that the nondisclosure
provisions are in force at all times the agent, employee, assign or Subcontractor has acce ss to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State
upon execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable
laws and regulations only in facilities located within the United States, and shall maintain a secure
environment that ensures confidentiality of all State Confidential Information. Grantee shall provide the State
with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring
access and use of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or
destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is
prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants
it will guarantee the confidentiality of, and cease to use, such State Confidential Information .
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, Grantee shall notify the State immediately and cooperate with the
State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the
State. Unless Grantee can establish that Grantee, and its agents, employees, and Subcontractors are not the
cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may
have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring
a similar type of Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no additional cost to the
State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make
all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted
time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee
shall reimburse the State for the reasonable costs thereof. The State may, in its sole discretion and at
Grantee’s sole expense, require Grantee to engage the services of an independent, qualified, State-approved
third party to conduct a security audit. Grantee shall provide the State with the results of such audit and
evidence of Grantee’s planned remediation in response to any negative findings .
E. Data Protection and Handling
Grantee shall ensure that all State Records and Work Product in the possession of Grantee or any
Subcontractors are protected and handled in accordance with the requirements of this Agreement, including
the requirements of any Exhibits hereto, at all times. As used in this section, the protections afforded Work
Product only apply to Work Product that requires confidential treatment.
F. Safeguarding PII
If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide
for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State
non-disclosure requirements, use of appropriate technology, security practices, computer access security,
data access security, data storage encryption, data transmission encryption, security inspectio ns, and audits.
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Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S., and shall maintain
security procedures and practices consistent with §§24 -73-101, et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way
with the full performance of the obligations of Grantee under this Agreement. Such a conflict of interest
would arise when a Grantee or Subcontractor’s employee, officer or agent were to offer or provide any
tangible personal benefit to an employee of the State, or any member of his or her immediate family or his
or her partner, related to the award of, entry into or management or oversight of this Agreement.
B. Apparent Conflicts of Interest
Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall
be harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any
practices, activities or relationships that reasonably appear to be in conflict with the full performance of
Grantee’s obligations under this Agreement.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the
appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the
relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow
the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement.
D. Grantee acknowledges that all State employees are subject to the ethical principles described in §24-18-105,
C.R.S. Grantee further acknowledges that State employees may be subject to the requirements of
§24-18-105, C.R.S., with regard to this Agreement. For the avoidance of doubt, an actual or apparent conflict
of interest shall exist if Grantee employs or contracts with any State employee, any former State employee
within six months following such employee’s termination of employment with the State, or any immediate
family member of such current or former State employee. Grantee shall provide a disclosure statement as
described in §9.C. no later than ten days following entry into a contractual or employment relationship as
described in this section. Failure to timely submit a disclosure statement shall constitute a Breach of
Agreement. Grantee may also be subject to such penalties as are allowed by law.
10. INSURANCE
Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as
specified in this section at all times during the term of this Agreement. All insurance policies required by this
Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by
the State.
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering
all Grantee or Subcontractor employees acting within the course and scope of their employment .
B. General Liability
Commercial general liability insurance covering premises operations, fire damage, independent contractors,
products and completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 general aggregate;
iii. $1,000,000 products and completed operations aggregate; and
iv. $50,000 any 1 fire.
C. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non -owned autos) with a
minimum limit of $1,000,000 each accident combined single limit .
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D. Protected Information
Liability insurance covering all loss of State Confidential Information, such as PII, PHI, PCI, Tax
Information, and CJI, and claims based on alleged violations of privacy rights through improper use or
disclosure of protected information with minimum limits as foll ows:
i. $1,000,000 each occurrence; and
ii. $2,000,000 general aggregate.
E. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any negligent act with
minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
F. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
i. $1,000,000 each occurrence; and
ii. $1,000,000 general aggregate.
G. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of Grantee and
Subcontractors.
H. Primacy of Coverage
Coverage required of Grantee and each Subcontractor shall be primary over any insurance or self -insurance
program carried by Grantee or the State.
I. Cancellation
All insurance policies shall include provisions preventing cancellation or non -renewal, except for
cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee
shall forward such notice to the State in accordance with §14 within 7 days of Grantee’s receipt of such
notice.
J. Subrogation Waiver
All insurance policies secured or maintained by Grantee or its Subcontractors in relation to this Agreement
shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise
against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and
volunteers.
K. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24 -10-101,
et seq., C.R.S. (the “GIA”), Grantee shall maintain, in lieu of the liability insurance requirements stated
above, at all times during the term of this Agreement such liability insurance, by commercial policy or self -
insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the
meaning of the GIA, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this
Grantee, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA.
L. Certificates
For each insurance plan provided by Grantee under this Agreement, Grantee shall provide to the State
certificates evidencing Grantee’s insurance coverage required in this Agreement prior to the Effective Date.
Grantee shall provide to the State certificates evidencing Subcontractor insurance coverage required under
this Agreement prior to the Effective Date, except that, if Grantee’s subcontract is not in effect as of the
Effective Date, Grantee shall provide to the State certificates showing Subcontractor insurance coverage
required under this Agreement within seven Business Days following Grantee’s execution of the subcontract.
No later than 15 days before the expiration date of Grantee’s or any Subcontractor’s coverage, Grantee shall
deliver to the State certificates of insurance evidencing renewals of coverage. At any other time during the
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term of this Agreement, upon request by the State, Grantee shall, within seven Business Days following the
request by the State, supply to the State evidence satisfactory to the State of compliance with the provisions
of this section.
11. BREACH OF AGREEMENT
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement
to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the
delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party.
Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide
notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any
other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debarred
or suspended under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period
and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of
the date that the debarment or suspension takes effect.
12. REMEDIES
A. State’s Remedies
If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State,
following the notice and cure period set forth in §11, shall have all of the remedies listed in this section in
addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the
remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach of Agreement
In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of
this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if
any.
a. Obligations and Rights
To the extent specified in any termination notice, Grantee shall not incur further obligations or
render further performance past the effective date of such notice, and shall terminate outstanding
orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State
all Work not cancelled by the termination notice, and may incur obligations as necessary to do so
within this Agreement’s terms. At the request of the State, Grantee shall assign to the State all of
Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon
termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
property in the possession of Grantee but in which the State has an interest. At the State’s request,
Grantee shall return materials owned by the State in Grantee’s possession at the time of any
termination. Grantee shall deliver all completed Work Product and all Work Product that was in the
process of completion to the State at the State’s request.
b. Payments
Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work
received as of the date of termination. If, after termination by the State, the State agrees that Grantee
was not in breach or that Grantee’s action or inaction was excusable, such termination shall be
treated as a termination in the public interest, and the rights and obligations of the Parties shall b e
as if this Agreement had been terminated in the public interest under §2.E.
c. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for
any damages sustained by the State in connection with any breach by Grantee, and the State may
withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as
the exact amount of damages due to the State from Grantee is determined. The State may withhold
any amount that may be due Grantee as the State deems necessary to protect the State against loss
including, without limitation, loss as a result of outstanding liens and excess costs incurred by the
State in procuring from third parties replacement Work as cover .
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
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a. Suspend Performance
Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective
action as specified by the State without entitling Grantee to an adjustment in price or cost or an
adjustment in the performance schedule. Grantee shall promptly cease performing Work and
incurring costs in accordance with the State’s directive, and the State shall not be liable for costs
incurred by Grantee after the suspension of performance.
b. Withhold Payment
Withhold payment to Grantee until Grantee corrects its Work.
c. Deny Payment
Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be
performed or if they were performed are reasonably of no value to the State; provided, that any
denial of payment shall be equal to the value of the obligations not performed .
d. Removal
Demand immediate removal of any of Grantee’s employees, agents, or Subcontractors from the
Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise
unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary
to the public interest or the State’s best interest.
e. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is likely to
infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee
shall, as approved by the State (i) secure that right to use such Work for the State and Grantee; (ii)
replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing;
or, (iii) remove any infringing Work and refund the amount paid for such Work to the State.
B. Grantee’s Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following
the notice and cure period in §11 and the dispute resolution process in §13 shall have all remedies available
at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement
which cannot be resolved by the designated Agreement representatives shall be referred in writing to a senior
departmental management staff member designated by the State and a senior manager designated by Grantee
for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Grantee shall
submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency
named on the Cover Page of this Agreement as described in §24 -101-301(30), C.R.S., for resolution
following the same resolution of controversies process as described in §§24 -106-109, and 24-109-101.1
through 24-109-505, C.R.S., (collectively, the “Resolution Statutes”), except that if Grantee wishes to
challenge any decision rendered by the Pro curement Official, Grantee’s challenge shall be an appeal to the
executive director of the Department of Personnel and Administration, or their delegate, in the same manner
as described in the Resolution Statutes before Grantee pursues any further action. Except as otherwise stated
in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time
limitations regardless of whether the Colorado Procurement Code applies to this Agreement .
14. NOTICES and REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party’s principal representative at the address set forth on the Cover Page for this
Agreement or (C) as an email with read receipt requested to the principal representative at the email address, if
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any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the
email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to
such Party’s principal representative at the address set forth on the Cover Page for thi s Agreement. Either Party
may change its principal representative or principal representative contact information, or may designate specific
other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice
submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise
provided in this Agreement, notices shall be effective upon delivery of the written notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications,
assignments, and other documents, and shall render all other reasonable assistance requested by the State, to
enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the
Work Product. The Parties intend the Work Product to be works made for hire. Grantee assigns to the State
and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law
or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product
and all works based on, derived from, or incorporating the Work Product .
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, all State Records, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes, studies, data,
images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas,
concepts, know-how, and information provided by or on behalf of the State to Grantee are the exclusive
property of the State (collectively, “State Materials”). Grantee shall not use, willingly allow, cause or permit
Work Product or State Materials to be used for any purpose other than the performance of Grantee’s
obligations in this Agreement without the prior written consent of the State. Upon termination of this
Agreement for any reason, Grantee shall provide all Work Product and State Materials to the State in a form
and manner as directed by the State.
C. Exclusive Property of Grantee
Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or
licensed to Grantee including, but not limited to, all pre-existing software, licensed products, associated
source code, machine code, text images, audio and/or video, and third -party materials, delivered by Grantee
under this Agreement, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively,
“Grantee Property”). Grantee Property shall be licensed to the State as set forth in this Agreement or a State
approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the
applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the
applicable open source license agreement.
16. GENERAL PROVISIONS
A. Assignment
Grantee’s rights and obligations under this Agreement are personal and may not be transferred or assigned
without the prior, written consent of the State. Any attempt at assignment or transfer without such consent
shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be
subject to the provisions of this Agreement.
B. Subcontracts
Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this
Agreement without providing notice to the State. The State may reject any such Subcontractor, and Grantee
shall terminate any subcontract that is rejected by the State and shall not allow any Subcontractor to perform
any work after that Subcontractor’s subcontract has been rejected by the State. Grantee shall submit to the
State a copy of each such subgrant or subcontract upon request by the State. All subgrants and subcontracts
entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be
subject to all provisions of this Agreement.
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C. Binding Effect
Except as otherwise provided in §16.A., all provisions of this Agreement, including the benefits and burdens,
shall extend to and be binding upon the Parties’ respective successors and assigns .
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement and the
performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions. All references in this Agreement to sections (whet her spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,
exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted .
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed
to be an original, but all of which, taken together, shall constitute one and the same agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties related to the
Work, and all prior representations and understandings related to the Work, oral or written, are merged into
this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not
have any force or effect whatsoever, unless embodied herein .
H. Digital Signatures
If any signatory signs this Agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under
the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system
through which that signatory signed shall be incorporated into this Agreement by reference.
I. Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective
if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with
applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other
than Agreement amendments, shall conform to the policies issued by the Colorado State Controller .
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority
shall be interpreted to refer to such authority then current, as may have been changed or amended since the
Effective Date of this Agreement.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in
any terms, conditions, or agreements appearing on Grantee’s or a Subcontractor’s website or any provision
incorporated into any click-through or online agreements related to the Work unless that provision is
specifically referenced in this Agreement.
L. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under this Agreement in accordance with the intent
of this Agreement.
M. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this
Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other
Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal
Excise Tax Exemption Certificate of Registry No. 84 -730123K) and from State and local government sales
and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number
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98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of
whether any political subdivision of the State imposes such taxes on Grantee. Gra ntee shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to
have in place in connection with this Agreement.
O. Third Party Beneficiaries
Except for the Parties’ respective successors and assigns described in §16.A., this Agreement does not and is
not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement
of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not
create any rights for such third parties.
P. Waiver
A Party’s failure or delay in exercising any right, power, or privile ge under this Agreement, whether explicit
or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right,
power, or privilege preclude any other or further exercise of such right, power, or privilege .
Q. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and standards
required under §24-106-107, C.R.S., if any, are subject to public release through the CORA.
R. Standard and Manner of Performance
Grantee shall perform its obligations under this Agreement in accordance with the highest standards of care,
skill and diligence in Grantee’s industry, trade, or profession.
S. Licenses, Permits, and Other Authorizations.
i. Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required
to perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
Subcontractor, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
ii. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado,
shall obtain prior to the Effective Date and maintain at all times during the term of this Agreement, at
its sole expense, a certificate of authority to transact business in the State of Colorado and designate a
registered agent in Colorado to accept service of process.
T. Federal Provisions
Grantee shall comply with all applicable requirements of Exhibit C at all times during the term of this
Agreement.
17. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all agreements except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or designee. If
this Agreement is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), C.R.S., then
this Agreement shall not be valid until it has been approved by the State’s Chief Information Officer o r
designee..
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for
that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled
and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the
Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management
statutes, §§24-30-1501, et seq., C.R.S. No term or condition of this Agreement shall be construed or
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interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State.
Grantee shall not have authorization, express or implied, to bind the State to any agreement, liability o r
understanding, except as expressly set forth herein. Grantee and its employees and agents are not entitled
to unemployment insurance or workers compensation benefits through the State and the State shall
not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Grantee
shall pay when due all applicable employment taxes and income taxes and local head taxes incurred
pursuant to this Agreement. Grantee shall (i) provide and keep in force workers’ compensation and
unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof
when requested by the State, and (iii) be solely responsible for its acts and those of its employees and
agents.
E. COMPLIANCE WITH LAW.
Grantee shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter
established, including, without limitation, laws applicable to discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be nul l and void. All suits or actions related to this
Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the
City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Agreement that requires the State to indemnify or hold Grantee harmless; requires
the State to agree to binding arbitration; limits Grantee’s liability for damages resulting from death, bodily
injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio.
Nothing in this Agreement shall be construed as a waiver of any provision of §24 -106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Agreement shall not be used for the acquisition, opera tion, or
maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.
Grantee hereby certifies and warrants that, during the term of this Agreement and any extensions, Grantee
has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Grantee is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Agreement, including, wit hout limitation, immediate termination
of this Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507,
C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this Agreement. Grantee has no interest and shall not
acquire any interest, direct or indirect, that would conflic t in any manner or degree with the performance of
Grantee’s services and Grantee shall not employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller
may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:
(i) unpaid child support debts or child support arrearages; (ii) unpaid balan ces of tax, accrued interest, or
other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division
of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation
Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action.
The State may also recover, at the State’s discretion, payments made to Grantee in error for any reason,
including, but not limited to, overpayments or improper payments, and unexpended or excess funds received
by Grantee by deduction from subsequent payments under this Agreement, deduction from any payment due
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under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate
method for collecting debts owed to the State.
K. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory
services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Grantee certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement and will
confirm the employment eligibility of all employees who are newly hired for employment in the United States
to perform work under this Agreement, through participation in the E-Verify Program or the State verification
program established pursuant to §8-17.5-102(5)(c), C.R.S., Grantee shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement or enter into a contract with a Subcontractor that
fails to certify to Grantee that the Subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement. Grantee (i) shall not use E-Verify Program or the program procedures
of the Colorado Department of Labor and Employment (“Department Program”) to un dertake pre-
employment screening of job applicants while this Agreement is being performed, (ii) shall notify the
Subcontractor and the contracting State agency or institution of higher education within three days if Grantee
has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under
this Agreement, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting
with the illegal alien within three days of receiving the notice, and (iv) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado
Department of Labor and Employment. If Grantee participates in the Department program, Grantee shall
deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written,
notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Grantee fails to comply with any
requirement of this provision or §§8 -17.5-101, et seq., C.R.S., the contracting State agency, institution of
higher education or political subdivision may terminate this Agreement for breach and , if so terminated,
Grantee shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S.
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of
perjury that Grantee (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law,
(ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of
identification required by §24-76.5-103, C.R.S., prior to the Effective Date of this Agreement.
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EXHIBIT A, STATEMENT OF WORK AND BUDGET
Project Description 2023-OIM ZEV: Estes Park Zero Emission Fleet Transition Plan
Project End Date December 31, 2025
Subrecipient Estes Park, Town of UEID # KNMKSMB6JNW5
Contact Name Vanessa Solesbee Vendor # 2000306
Address PO Box 1200
Estes Park, CO 80517-1200
Phone # (970) 577-3957
Email vsolesbee@estes.org Indirect Rate N/A
WBS* 26052.10.50 ALI 44.24.00
Total Project Budget $40,000.00
State OIM ZEV Funds (at 90% or less) $36,000.00
Local Funds (at 10% or more) $4,000.00
Total Project Amount Encumbered via this Grant Agreement $36,000.00
*The WBS numbers may be replaced without changing the amount of the grant at CDOT’s discretion.
A. Project Description
Town of Estes Park shall use 2023 OIM ZEV Funds, along with local matching funds, to undertake the 2023-OIM
ZEV: Estes Park Zero Emission Fleet Transition Plan project. The project will support the goals of the Statewide
Transit Plan.
Town of Estes Park will retain a qualified firm (vendor) to develop a thoughtful and comprehensive Zero Emission
Fleet Transition Plan to assist Town staff and other stakeholders to make informed decisions related to the transition
to zero emission transit vehicles. The plan will include an existing conditions assessment; identify
barriers/challenges to zero-emission vehicle (ZEV) transition; conduct a robust priority-setting exercise with Town
staff, citizen advisory board members, and elected officials; provide guidance on code, planning, land use impacts,
and utility coordination; and identify key partners. The project deliverable will be a finalized plan.
B. Performance Standards
1. Project Milestones
Milestone Description Original Estimated
Completion Date
Submit Procurement Concurrence Request (PCR) to CDOT Project Manager
for Approval
3/15/2024
Submit Procurement Authorization (PA) and solicitation docs CDOT Project
Manager for Approval
4/15/2024
Submit Reimbursement Request in COTRAMS 8/15/2024
Submit Progress Reports to CDOT PM 8/15/2024
Take Delivery of (First) Project Property 2/15/2025
Take Delivery of and Accept All Project Property 3/15/2025
Submit Final Reimbursement Request in COTRAMS 4/15/2025
IMPORTANT NOTE: All milestones in this Statement of Work (except for the final reimbursement request)
must be completed no later than the expiration date of this Grant Agreement: December 31, 2025.
2. Performance will be reviewed throughout the duration of this Grant Agreement. Town of Estes
Park shall report to the CDOT Project Manager whenever one or more of the following occurs:
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a. Budget or schedule changes;
b. Scheduled milestone or completion dates are not met;
c. Identification of problem areas and how the problems will be resolved; and/or
d. Expected impacts and the efforts to recover from delays.
3. Town of Estes Park must comply and submit all reimbursements and relevant project documents
substantiating project completion as a condition of project closeout.
C. Project Budget
1. The Total Project Budget is $40,000.00. CDOT will pay no more than 90% of the eligible, actual
project costs, up to the maximum amount of $36,000.00. CDOT will retain any remaining balance
of the state share of OIM ZEV Funds. Town of Estes Park shall be solely responsible for all costs
incurred in the project in excess of the amount paid by CDOT from OIM ZEV Funds for the state
share of eligible, actual costs. For CDOT accounting purposes, the OIM ZEV Funds of $36,000.00
will be encumbered for this Grant Agreement.
2. No refund or reduction of the amount of Town of Estes Park’s share to be provided for the project
will be allowed unless there is at the same time a refund or reduction of the state share of a
proportionate amount.
3. Town of Estes Park may use eligible federal or state funds for the Local Funds share. Town of
Estes Park’s share, together with the State OIM ZEV Funds share, must be enough to ensure
payment of the Total Project Budget.
4. Per the terms of this Grant Agreement, CDOT shall have no obligation to provide state funds for
use on this project. CDOT will administer OIM ZEV Funds for this project under the terms of this
Grant Agreement, provided that the state share of OIM ZEV Funds to be administered by CDOT
are made available and remain available. Town of Estes Park shall initiate and prosecute to
completion all actions necessary to enable Town of Estes Park to provide its share of the Total
Project Budget at or prior to the time that such funds are needed to meet the Total Project Budget.
D. Procurement
Procurement will comply with state procurement procedures and the DTR Quick Procurement Guide. In addition to
the state requirements outlined below, state and FTA procedures (where applicable) must be followed and will be
outlined prior to purchase.
1. The first step in the procurement process will be to obtain an Independent Cost Estimate (ICE).
2. The second step will be to obtain Procurement Concurrence Request (PCR) approval from the
CDOT Project Manager through COTRAMS.
3. The third step, and prior to entering into a purchasing agreement or contract with the selected
vendor, will be to obtain Purchase Authorization (PA) approval from the CDOT Project Manager
through COTRAMS.
E. Reimbursement Eligibility
Requests for reimbursement for eligible project costs will be paid to Town of Estes Park upon submission of a
complete reimbursement packet in COTRAMS for those eligible costs incurred during the Grant Agreement
effective dates.
Accepted reimbursement packets will include the following completed documents:
Invoice
Proof of Payment
Independent Cost Estimate (ICE) (with the first reimbursement request)
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Procurement Concurrence Request (PCR) (with the first reimbursement request)
Purchase Authorization (PA) (with the first reimbursement request)
Project progress report/statement (with periodic/monthly reimbursement requests)
Project deliverable(s) (with the last reimbursement request)
Town of Estes Park must submit the final invoice within sixty (60) calendar days of December 31, 2025, and submit
a Grant Closeout and Liquidation (GCL) Form in COTRAMS within fifteen (15) calendar days of issuance of the
final reimbursement payment.
F. Restrictions on Lobbying
Town of Estes Park is certifying that it complies with 2 CFR 200.450 by entering into this Subaward Agreement.
G. Special Conditions
1. Town of Estes Park will comply with all requirements imposed by CDOT on Town of Estes Park
so that the state award is used in accordance with state statutes, regulations, and the terms and
conditions of the state award.
2. Town of Estes Park must permit CDOT and their auditors to have access to Town of Estes Park’s
records and financial statements as necessary, with reasonable advance notice.
3. Except as provided in this Grant Agreement, Town of Estes Park shall not be reimbursed for any
purchase, issued purchase order, or leased capital equipment prior to the execution of this Grant
Agreement.
4. Town of Estes Park agrees to work cooperatively with CDOT to market and/or publicize this
project as requested by CDOT. Such efforts may include ribbon cuttings, news articles, photos,
and/or other media to be attended/responded to/supplied by Town of Estes Park, as appropriate.
5. Town of Estes Park shall ensure that it does not exclude from participation in, deny the benefits of,
or subject to discrimination any person in the United States on the ground of race, color, national
origin, sex, age or disability in accordance with Title VI of the Civil Rights Act of 1964.
6. Town of Estes Park shall seek to ensure non-discrimination in its programs and activities by
developing and maintaining a Title VI Program in accordance with the “Requirements for FTA
Subrecipients” in CDOT’s Title VI Program Plan and Federal Transit Administration Circular
4702.1B, “Title VI Requirements and Guidelines for FTA Recipients.” The Party shall also
facilitate FTA’s compliance with Executive Order 12898 and DOT Order 5610.2(a) by
incorporating the principles of environmental justice in planning, project development and public
outreach in accordance with FTA Circular 4703.1 “Environmental Justice Policy Guidance for
Federal Transit Administration Recipients.”
7. Town of Estes Park will provide transportation services to persons with disabilities, in accordance
with Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq.
8. Town of Estes Park shall develop and maintain an ADA Program in accordance with 28 CFR Part
35, Nondiscrimination on the Basis of Disability in State and Local Government Services, FTA
Circular 4710.1, and any additional requirements established by CDOT for FTA subrecipients.
9. Town of Estes Park shall ensure that it will comply with the Americans with Disabilities Act,
Section 504 of the Rehabilitation Act, FTA guidance, and any other federal, state, and/or local
laws, rules and/or regulations. In any contract utilizing federal funds, land, or other federal aid,
Town of Estes Park shall require its subrecipients and/or contractors to provide a statement of
written assurance that they will comply with Section 504 and not discriminate on the basis of
disability.
10. Town of Estes Park shall agree to produce and maintain documentation that supports compliance
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with the Americans with Disabilities Act to CDOT upon request.
11. Town of Estes Park shall include nondiscrimination language and the Disadvantaged Business
Enterprise (DBE) assurance in all contracts and solicitations in accordance with DBE regulations,
49 CFR Part 26, and CDOT’s DBE program.
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EXHIBIT B, SAMPLE OPTION LETTER
State Agency
Department of Transportation
Option Letter Number
Insert the Option Number (e.g. "1" for the first
option)
Grantee
Insert Grantee's Full Legal Name, including "Inc.",
"LLC", etc...
Original Agreement Number
Insert CMS number or Other Contract Number of the
Original Contract
Current Grant Agreement Amount
FASTER Funds Maximum Amount
Initial Term
Option Agreement Number
Insert CMS number or Other Contract Number of
this Option
State Fiscal Year 20xx $0.00
Extension Terms Agreement Performance Beginning Date
The later of the Effective Date or Month, Day, Year State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00
State Fiscal Year 20xx $0.00 Current Agreement Expiration Date
Month, Day, Year State Fiscal Year 20xx $0.00
Local Funds $0.00
Total for All State Fiscal Years $0.00
1. OPTIONS:
A. Option to extend for an Extension Term or End of Term Extension.
2. REQUIRED PROVISIONS:
A. For use with Option 1(A): In accordance with Section(s) 2.B/2.C of the Original Agreement referenced
above, the State hereby exercises its option for an additional term/end of term extension, beginning Insert
start date and ending on the current agreement expiration date shown above, at the rates stated in the
Original Agreement, as amended.
B. For use with all Option 1(A): The Grant Agreement Amount table on the Agreement’s Cover Page is
hereby deleted and replaced with the Current Grant Agreement Amount table shown above.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or , whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Transportation
Shoshana M. Lew, Executive Director
By: ________________________________________
Keith Steganik, PE, Chief Engineer
Date: ________________________________
In accordance with §24-30-202, C.R.S., this Option
Letter is not valid until signed and dated below by
the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:_______________________________________
Department of Transportation
Option Letter Effective Date:__________________
DocuSign Envelope ID: E32CCB84-31B3-43D9-8103-0CC9E46B2E50
Contract Number: 24-HTR-ZL-00234/491003514
Page 24 of 24
EXHIBIT C, TITLE VI – CIVIL RIGHTS
Nondiscrimination Requirements
The Parties shall not exclude from participation in, deny the benefits of, or subject to discrimination
any person in the United States on the ground of race, color, national origin, sex, age or disability.
During the performance of this Agreement, the Grantee, for itself, its assignees and successors in
interest (hereinafter referred to as the “Grantee”) agrees as follows:
(1) Compliance with Regulations: The Grantee shall comply with the Regulation relative to
nondiscrimination in federally-assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the “Regulations”), which are herein
incorporated by reference and made a part of this Agreement.
(2) Nondiscrimination: The Grantee, with regard to the Work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, national origin, or sex in
the selection and retention of subgrantees, including procurements of materials and leases
of equipment. The Grantee shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the Agreement covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for Subgrantees, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the Grantee for Work to
be performed under a subcontract, including procurements of materials or leases of
equipment, each potential subgrantee or supplier shall be notified by the Grantee of the
Grantee's obligations under this Agreement and the Regulations relative to
nondiscrimination on the grounds of race, color, national origin or sex.
(4) Information and Reports: The Grantee shall provide all information and reports required
by the Regulations or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be
determined by the Colorado Department of Transportation to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any information
required of a Grantee is in the exclusive possession of another who fails or refuses to
furnish this information the Grantee shall so certify to the Colorado Department of
Transportation as appropriate, and shall set forth what efforts it has made to obtain the
information.
(5) Sanctions for Noncompliance: In the event of the Grantee's noncompliance with the
nondiscrimination provisions of this Agreement, the Colorado Department of
Transportation shall impose such contract sanctions as it may determine to be appropriate,
including, but not limited to:
(a) withholding of payments to the Grantee under the Agreement until the Grantee
complies, and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.
(6) Incorporation of Provisions: The Grantee shall include the provisions of paragraphs (1)
through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The Grantee shall take such action with respect to any subcontract or procurement as the Colorado
Department of Transportation may direct as a means of enforcing such provisions including
sanctions for non-compliance; provided, however, that, in the event a Grantee becomes involved in,
or is threatened with, litigation with a subgrantee or supplier as a result of such direction, the Grantee
may request the Colorado Department of Transportation to enter into such litigation to protect the
interests of the Colorado Department of Transportation.
DocuSign Envelope ID: E32CCB84-31B3-43D9-8103-0CC9E46B2E50
PUBLIC WORKS Memo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Dana G. Klein, CPP, CCTM, Parking & Transit Manager
Greg Muhonen, PE, Public Works Director
Date: July 9, 2024
RE: Resolution 60-24 Grant Agreement with the Colorado Association of
Transit Agencies for 2024 Ozone Season Transit Grant Program Funds
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works (PW) staff seek Town Board approval of a grant agreement with the
Colorado Association of Transit Agencies (CASTA) for 2024 Ozone Season Transit
Grant (OSTG) Program Funds.
Present Situation:
On June 21, the Town was awarded $42,629.50 in 2024 OSTG program funds. The
OSTG program was created by the Colorado Energy Office, and the funds awarded to
the Town will be passed though CASTA. In line with one of the OSTG program’s stated
goals, the Town will use the grant funds to offer additional free transit service on The
Peak’s Gold and Silver Routes for a minimum of 30 days during the 2024 ozone season
(June-August).
Proposal:
PW staff recommend approval of the grant agreement with CASTA as presented. The
2024 OSTG program funds will be used to offer two additional hours of daily, free transit
service on the Gold and Silver Routes from July 1 through August 31, 2024.
Advantages:
•Supports the Colorado Department of Energy’s 2024 ozone reduction efforts by
offering additional free transit service during the ozone season;
•Supplements the Town’s General Fund allocation for administration and
operation of Estes Transit in 2024.
Disadvantages:
•Applying for and receiving grant funding is accompanied by additional
administrative burdens; however, Town staff have recent experience managing a
federal grant of this type.
Action Recommended:
PW staff recommend Town Board approval of Resolution 60-24.
Finance/Resource Impact:
Current Impact: The State contribution, passed through CASTA, is $42,629.50 with no
($0) local match required.
Future Ongoing or One-Time Impacts: None anticipated at this time.
Level of Public Interest
Public interest in this item is likely to be low.
Sample Motion:
I move for the approval/denial of Resolution 60-24.
Attachments:
1. Resolution 60-24 CASTA 2024 IGA for Ozone Grant
2.CASTA 2024 Ozone Grant Agreement
RESOLUTION 60-24
APPROVING AN AGREEMENT WITH THE COLORADO ASSOCIATION OF TRANSIT
AGENCIES FOR 2024 OZONE SEASON TRANSIT GRANT PROGRAM FUNDS
WHEREAS, the Town Board desired to enter the agreement referenced in the
title of this resolution for the purpose of accepting State of Colorado Department of
Energy 2024 Ozone Season Transit Grant Program Funds; and,
WHEREAS, the program funds are passed through the Colorado Association of
Transit Agencies; and,
WHEREAS, the program funds will be used to offer two hours of expanded free
daily transit service hours on the Town’s Silver and Gold Routes during the ozone
season of July 1 through August 31, 2024.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the agreement
referenced in the title of this resolution in substantially the form now before the Board.
DATED this 9th day of July, 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Ozone Season Transit Grant Award Letter and Agreement
June 21, 2024
Laura Blevins
170 MacGregor Ave
Estes Park, Colorado 80517
Grant Number: 1086
Dear Laura,
Congratulations, Town of Estes Park, hereafter known as subgrantee, has been awarded a grant
through the Ozone Season Transit Grant Program in the amount of $42,629.50 to be used toward
providing Free Transit during Ozone Season. The Grantee is providing $0.00 in matching funds for
the project.
This Award Letter and Agreement, hereafter known as Agreement, outlines the terms and
conditions of accepting the grant. Please read the Agreement carefully, sign, and return no later than
June 28th, 2024.
Upon signing this Agreement, Grantee agrees to the following terms:
●Subgrantee will notify CASTA if there is any change in your ability to execute the terms of the
grant;
●Subgrantee attests that it is committed to providing the new or expanded free services for at
least thirty (30) days during the ozone season for the period of July 1, 2024 to August 31, 2024.
●Subgrantee will be held to the policies and procedure set forth in the 5.7 OZONE SEASON
TRANSIT GRANT PROGRAM
●Grantee will utilize the grant funds for the purposes submitted in the grant application
(attached) and only for activities that meet the Eligible Use of Grants Section 2 of CASTA
Operating Procedure 5.7 OZONE SEASON TRANSIT GRANT PROGRAM and Colorado Revised
Statutes Section 24-38.5-113 Ozone season transit grant program.
Congratulations again on receiving this grant. We look forward to working with you during this
Ozone Season.
Sincerely,
Authorized Signature of Grantor: __________________________________________________________
CASTA Executive Director
Date: June 21, 2024
Authorized Signature of Grantee: __________________________________________________________
Agency Official
Date__________________
Attachments:
●Operating Procedure 5.7 OZONE SEASON TRANSIT GRANT PROGRAM
●Subgrantee Reimbursement Request Uniform Guidance
●Subgrantee Application
ATTACHMENT 2
TOWN OF ESTES PARK
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
TOWN BOARD MEETING
July 9, 2024
Reports & Discussion Item #1 Base Funding Report
–Via Mobility Services.
No packet material has been provided for
this item.
2023
ANNUALREPORT
LARIMEREXTENSION.ORG
A Partnership Between Colorado State University & Larimer County
2023 STAFF
DirectorExtension Professor of HorticultureFamily & Consumer Sciences Extension SpecialistRetail Food Safety Program CoordinatorBusiness Operations Manager4-H Livestock & Shooting Sports Extension SpecialistMarketing & Communications SpecialistCommunity Development Coordinator4-H Program Coordinator (STEM/Juntos)4-H Program CoordinatorAgriculture & Natural Resources Extension Specialist4-H Extension SpecialistCommunity Engagement Extension Specialist4-H Administrative SpecialistAdministrative SpecialistLarimer County Farmers' Market Program CoordinatorExtension Professor of Health & WellnessFNEP Peer Educator
200+Educational Events
7,000 Educational Contacts Financial literacyprogramming offered withcommunity partners.
Expanded work in localfood & food systems.
More resources for localfarmers & ranchers.
NEW PROGRAMSCOMING IN 2024:
I am honored to have joined Larimer County Extension - we truly
make a difference in people’s lives & in the community. We
provide education on topics ranging from agriculture to health
to youth development because our work is responsive to a wide
range of community needs. What binds our work together is
that we empower people with practical knowledge from
Colorado State University and trusted partners. The end result is
that Larimer County is better equipped to address challenges &
achieve community goals. I hope you can see that in this report
& that you’ll consider joining one of our many offerings in the
near future.
LETTER FROM OUR NEW DIRECTOR
Cary WeinerAlison O'ConnorAmber WebbAnalecia VasquezAndy WeaklandBailey SchillingCari BrownCheryl NobleDiana Castro GonzalezDiane KernJessica CallenRachel WildmanLisa AuerPam HeeneyPaula PetroffRachel WildmanChrista TimmermanYutziri Reyes Dominguez
Cary Weiner
REDUCING FOOD-BORNE ILLNESS · PROVIDING FOOD SAFETY EDUCATION
2023 National Competitions
Family Consumer Science Team
Competed at the National Lifesmarts Championship
Competed at the National Western Roundup
Shooting Sports
4 members competed at the 4-H Nationals
Shooting Sports Competition
Livestock Quiz Bowl Team
Participated in the National 4-H
Livestock Quiz Bowl Contest
Fashion Revue
2 members competed at the
National Western Roundup
FOOD SAFETY
288
Participants in RetailFood Safety Classes
Rachel's love for 4-H is contagious; she grew up in Larimer County 4-H. Aftergraduating from Colorado State University, Rachel accepted a position as theLarimer County Farmers' Market Coordinator. In August of 2023, she moved rolesto serve as our 4-H Extension Specialist.
New 4-H Extension Specialist: Rachel Wildman
11 GraduatesJuntos 4-H PilotProgram
1,400+ ExhibitsAt the LarimerCounty Fair
4-H YOUTH DEVELOPMENT
858Members 316Volunteers
700+Workshops& Events
GROWING LEADERSHIP & LIFE SKILLS · GRADUATING WITH OPTIONS
For over 100 years, Larimer County 4-H has supported our youth. Learn
more, see available projects, or sign up at Larimer4h.org.
26Clubs
40+ProjectsSupported
45
Retail FoodSafety Classes
71+
Establishments Attended aRetail Food Safety Class
Our Certified Food Protection Manager & Food Safety Works classes
provide much needed training to retail food employees. Often, we are
the only option for in-person classes in Northern Colorado. Classes
are open to the general public & schedules are available on our
website.
84
Participants Utilized SpanishInterpretation
608
Food SafetyQuestions Answered
682
Participants in FoodPreservation Classes
Food Safety in the Home
Food Safety Training
310
Individuals Served
$32,043
to Local Growers
2,050
Bags Distributed
SUPPORTING LOCAL FOOD BY CONNECTING LOCAL FARMERS & SHOPPERS
VISIT US IN 2024:May 18 - October 269am - 1pm200 W. Oak StreetLarimerCountyFM.org
Welcome Christa Timmerman, Extension Professor of Health & Wellness
Christa has over 10 years of experience working in health education & public health.
She is passionate about community engagement & is excited to support our mission.
HEALTH & WELL-BEING
Update: Farmers Market & Food Systems Coordinator
In 2023, we expanded the Farmers‘ Market Coordinator
Position to include “Food Systems“. New responsibilities will
include coordinating trainings for local food producers.
$461,071
Gross Sales of Fresh ProduceFrom 20 Produce Vendors
67,468
CustomersNot Including Children
80
Average VendorsPer Market
LARIMER COUNTY FARMERS’ MARKET
PROVIDING RESOURCES TO OLDER ADULTS FOR GREATER
HEALTH & WELL-BEING
REDUCING HOUSEHOLD EXPOSURE TO RADON
50% of homes in Larimer County have unsafe levels
of radon. In 2023, we received a grant from the
Colorado Department of Health & Environment to
conduct an awareness campaign in January 2024.
$1.74 MILLION
Gross Sales in 2023
Supported Food Program Spending
WIC: $1,890 SNAP: $25,202 Double Up Food Bucks: $19,680
Providing fresh produce
to low-income older
adults from local farmers.
6,636
Visits to Larimerseniors.org
1,156
Outreach materials distributed
New Program: Advance Care Planning
In April 2023, we started offering Advance Care
Planning resources at no cost. Our staff can give community
presentations, answer questions, or notarize documents.
Learn more at Larimer.gov/ACP.
Learn more at
Larimer.gov/MarketDays
Welcome Jessica Callen, Agriculture & Natural Resource Specialist
Inside Right Flap
Have a Yard or Garden Question?
AG & NATURAL RESOURCES
1,827 Hours
of Continuing Education
Contact the Master Gardeners
Master Gardener Volunteers
5,638
Volunteer Hours
128
Volunteers
$179,288
in Value to Larimer County
Answer Yard & Garden Questions · Participate in Projects · Share Knowledge
11 Site Visits
Email Questions:Larimermg@gmail.com
Find Office Hours: Larimer.gov/CMG
Call970.498.6000
At the Larimer County Farmers’Market & Other Community Events
YARD & GARDEN
SUPPORTING HEALTHY YARD & GARDEN MANAGEMENT
SUPPORTING LOCAL FARMS, RANCHES, & NATURAL RESOURCES ON PRIVATE LANDS
19
HOA & LawncheckAssessments
382
“Ask Extension”Questions Answered
868
Questions AnsweredVia Direct Phone/Email
110
Presentations
4,951 lbs
Produce DonatedThrough Grow & Give
A total of 15 sweet pepper
varieties were tested from 2022 - 2023 to
see what grows well in Northern Colorado.
Scan the QR code to see the results
Larimer County Master Gardener Sweet Pepper Trials
50 Native Plant Master Students 41Native Plant Volunteer Hours
Jessica Callen joined Larimer County Extension in June of 2023, after completing
her Masters in Soil & Crop Science. Jessica is passionate about soil health & grew
up on a small farm in Oregon. During her first few months, Jessica spent time
visiting with stakeholders in the community to learn more about the short & long-
term needs of the community.
fb.com/larimercountyextension
@larimer_county_extension
tinyurl.com/LarimerExtensionYouTube
Bridging the gap between local residents & decision-makers.
Making sure that programs & policies reflect multiple community voices.
Supporting local decision-makers by bringing diverse community voices to the table.
970.498.6000 CSUExtension@Larimer.org
1525 Blue Spruce Drive, Fort Collins, CO 80524
10 ClassesOffered in English & Spanish
46 Hoursof Consultation Services Provided to Local Partners
CONNECT WITH US
32 Graduates16 Youth & 16 Adults
Colorado State University Extension is an equal opportunity
provider. | Colorado State University does not discriminate
on the basis of disability & is committed to providing
reasonable accommodations. | CSU’s Office of Engagement
& Extension ensures meaningful access & equal
opportunities to participate to individuals whose first
language is not English. Col.st/ll0t3
Colorado State University Extension es un proveedor que ofrece
igualdad de oportunidades. | Colorado State University no
discrimina por motivos de discapacidad y se compromete a
proporcionar adaptaciones razonables. | Office of Engagement &
Extension de CSU garantiza acceso significativo e igualdad de
oportunidades para participar a las personas quienes su primer
idioma no es el inglés. Col.st/ll0t3
LarimerExtension.org
COMMUNITY DEVELOPMENT
Register for workshops · Find Fact Sheets · Contact our staff
INCREASING CIVIC PARTICIPATION
Family Leadership Training Institute (FLTI)
Aging Mastery
11 ClassesOffered in Spanish 9 Graduates
8 Club Meetingsfor Alumni
Informing & supporting older adults as they take steps to improve their lives &
engage with their communities. Offered with Fuerza Latina.
7/3/2024
1
2024 Integrated Resource Plan
2024 IRP timeline and
engagement
Jason Frisbie, general manager
and chief executive officer
1
2
7/3/2024
2
IRP introduction
An IRP is a planning process that integrates customer
demand and resources with utility resources to provide
reliable, economical and environmentally desirable electricity
to customers
18-month planning process including external studies with
nine vendors
Plans for the next 10-20 years
IRP assists with preparing for industry changes including:
Technological progress
Consumer preferences
Regulatory mandates
The Western Area Power Administration requires:
Platte River to file an IRP at least every five years
(Platte River filed its last IRP in 2020)
A short-term action plan and an annual follow up on
plan execution
Community engagement
IRP timeline
June July Aug Sept Oct Nov Dec Jan Feb Mar April May June
Community
engagement
Resource
planning
Ongoing public engagement in collaboration with owner communities
IRP modeling
Portfolio development
Review results
Board
presentation
IRP document developmentReliability assessment with
renewables and DER integrationPre-IRP studies
Load forecasting
Other inputs,
assumptions
City council
meetings
2023 2024
Community
engagement
meeting
July Aug
Community
engagement
meeting
City council meetings
Community
listening
session
IRP document
approval and
submission
3
4
7/3/2024
3
Between June 2023-August 2024, 36 unique
engagement events reaching hundreds of people
across our service region
Four events in Estes Park including
presentations to the Sierra Club and Noon
Rotary
Dedicated IRP microsite with Q&A repository, IRP
studies and IRP updates
Dedicated email address for people to submit
questions and from which people received answers
and updates
Public education and media
Community engagement recap
Final community presentation
Topic: Results of our IRP
When: July 17, 6-8 p.m.
Where: Platte River Energy
Engagement Center, 2000 E.
Horsetooth Road, Fort Collins
5
6
7/3/2024
4
2024 IRP results
Raj Singam Setti, chief operating officer, innovation
and sustainable resource integration
Addressing customer needs for today and beyond
Platte River is leading the clean energy transition
Reliability
Environmental
responsibility
Financial
sustainability
Add
renewables
Continue to add even
more sources of
reliable, renewable
energy
Monitor
Monitor emerging
technologies for
inclusion in future
planning
7
8
7/3/2024
5
IRP challenge
Create a transition plan to retire 431 MW of coal, currently providing over half of the low-cost energy and reliable
capacity. Replace this with low or no-carbon energy and capacity within six years.
Replace more than 2
million MWh of energy
and equivalent
capacity
Focus mostly on energy –
but capacity or reliability is
also critical
Solar Battery
storage
Wind VPP
Energy vs. capacity in resource planning
Energy planning
Most people are familiar with energy –
this is a MWh that is produced or
purchased to supply customers.
Energy planning is where we can
really make an impact on emissions.
Capacity planning
Utilities must maintain sufficient generation resources to cover
peak load plus a reserve margin, known as the Planning
Reserve Margin (PRM) requirement.
Certain resources are better suited for supplying capacity.
Wind and solar are not dispatchable (utilities can’t control
when they are on).
Battery energy storage, thermal, and virtual power plant are
dispatchable.
A resource can be built for its capacity value and run little to
supply energy.
It is there when the system really needs it!
9
10
7/3/2024
6
IRP process overview
Core IRP modeling and evaluationExternal Studies
Renewable Resource Costs
Distributed Energy Resources
Load Forecast
Power and Commodity Price Forecast
Extreme weather and Dark calm analysis
Reliability – PRM and Effective Load Carrying Capability (ELCC analysis)
Emerging technologies screening
Dispatchable capacity requirements
All Renewable RFP issued
Research Institute – National Renewable
Energy Lab (NREL) & Electric Power
Research Institute (EPRI)
Building electrification
Assess Electric Vehicle (EV) and
Distributed Generation (DG) impacts
Load shapes
Base, high and low scenarios
IRP model peak and energy demand
Portfolio Development Reliability Testing
Objective lowest cost
and CO2
Constraint : must
meet PRM
Resource portfolio testing with
o Dark Calms
o Extreme weather
o Wind & solar profiles
WAPA Filing
Clean Energy Plan
IRP 2024 Filings
Plexos Model
Model Parameters and
Constraints
Existing Resources
When, how much
and what technology?
Major planning assumption - load
11
12
7/3/2024
7
Renewable Purchase Power Agreement (PPA)
$M
W
h
$/
k
W
-
m
o
n
t
h
System reliability
With increasing
retirements and
dependence on
solar/wind/storage
resources, both
distributed and
utility-scale,
planning paradigm
is evolving to
assure operational
reliability
Reliable system
Resource
adequacy
Transmission
security
Reliable system
Resource
adequacy
Transmission
security
Essential reliability
services
13
14
7/3/2024
8
Resource reliability attributes and services
Inertial response
Primary freq. response
Regulation res.
Spinning reserves
Non spin/replace res.
Ramping reserves
Voltage support
Black start
Energy
Firm capacityEnergy and capacity
Freq. responsive
reserves
Operating
reserves
OtherEs
s
e
n
t
i
a
l
r
e
l
i
a
b
i
l
i
t
y
s
e
r
v
i
c
e
s
Service category mS S DayMinHr Month Year
Frequency Response Obligation (FRO) is divided
by Balancing Authority in proportion to demand
Buffer forecasted and
unexpected operational
variability
Market
based
Virtual Power Plant capacity
Virtual Power Plant
Utility systems
Virtual power plant
Customers
Customer role:
Adopt DERs like storage, electric vehicles and smart devices
Enroll and participate in the VPP
Platte River and owner community role:
Invest in new systems, e.g.,
DER management systems
Advanced distribution management systems
Data management systems
Invest in VPP programs
Customer engagement and support
Incentives for participation
Operate the VPP to achieve system benefits
15
16
7/3/2024
9
Thermal capacity
Thermal
capacity
Capacity
Resource
Diversity
Proven
Technology
Ancillary
Services
Future green
hydrogen and
renewable natural
gas (RNG)
Firm Solar
and wind
intermittency
Summary of five portfolios
20352030CostTotal resource addition in 20 years, MWs
Portfolio
CO2 tons
x000
CO2 tons
x000
NPV, $
billion
Total
renewable
+ storage
Distributed
Storage
Distributed
SolarThermalLDES4-Hr
StorageWindSolar
104126$5.344,8051233370102850885600No new carbon
36127$3.373,155123337801101100885600Minimal carbon
54196$2.782,555123337160160400985550Carbon-imposed cost
74241$2.772,180123337200160275885600Optimal new carbon
98329$2.762,380123337280110175985450Additional new carbon
*All five portfolios include existing frame combustion turbine units at Rawhide
17
18
7/3/2024
10
Comparative portfolio costs
Comparative CO2 emissions and % reduction vs. 2005
19
20
7/3/2024
11
Recommended portfolio – Optimal New Carbon
Consistent with RDP goals, maintains optionality for the future, and equitable access for all citizens
Total203020292028202720262025
-431-280-74-77Coal (MW)
300150150New Solar (MW)
52Existing Solar (MW)
46060200200New Wind (MW)
231Existing Wind (MW)
70Hydro (MW)
17575502525Storage 4-hr (MW)
1010Storage Long Duration (MW)
109141521222116Solar DER (MW)
37787753Storage DER (MW)
200200Thermal (MW)
388Existing CTs (MW)
Transition: generation assets 2018 to 2030
Generation
Coal is retired
Noncarbon
expands from
24% to 85%
Natural gas
generation less
than 10%
Noncarbon and lower carbon emitting natural gas replacing coal
*Projections are subject to change
21
22
7/3/2024
12
Current projections
6.3% 2025 – 2029
5.3% 2030 – 2031
2.1% 2032 – 2034
60.2% cumulative 2025 – 2034
Prior projections (May 2023)
5.0% 2025 – 2030
2.5% 2031 – 2033
44.6% cumulative 2025 – 2034
Increased sustained rate pressure
Wholesale power supply costs
0%
10%
20%
30%
40%
50%
60%
70%
-
20
40
60
80
100
120
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034
Cu
m
u
l
a
t
i
v
e
i
n
c
r
e
a
s
e
$/
M
W
h
Current Prior Current total Prior total*Projections are subject to change
Next steps
Finalize the IRP document with board input
Continue public engagement in the next few months
IRP approval in July and then file with Western Area Power Administration (WAPA)
Continue the plan execution on multiple fronts:
New resource additions: renewables, storage and dispatchable
DER, DERMS and VPP implementation
Public engagement and education
Continue planning for just transition at Rawhide
Start 2028 IRP planning
23
24
7/3/2024
13
Q&A
25
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 09-24, ZONING MAP AMENDMENT FOR 540 AND
550 WEST ELKHORN AVENUE, ELKHORN PLAZA ASSOCIATION, OWNER/JOE
COOP, VAN HORN ENGINEERING, 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.
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.
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Paul Hornbeck, Senior Planner
Date: July 9, 2024
RE: Ordinance 09-24, Zoning Map Amendment of 540 and 550 West Elkhorn
Avenue, Elkhorn Plaza Association, Owner/ Joe Coop, Van Horn
Engineering, 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 Zoning Map
Amendment (rezoning) from RM (Multi-Family Residential) to CO (Outlying
Commercial), review the application for compliance with the Estes Park Development
Code (EPDC), and approve, deny, or continue the item.
Present Situation:
540 and 550 West Elkhorn Avenue is a 0.84 acre site that is currently zoned RM (Multi-
Family Residential), and contains fifteen residential condominium units in two buildings.
An application has been submitted by the owner’s association on behalf of the individual
owners to rezone the property.
According to County Assessor records, the buildings were constructed as
condominiums in 1968 and 1970. As of April 1, 2024, four of the units are licensed by
the Town of Estes Park as Vacation Rentals. Historically, the property was commercially
zoned, with zoning maps from 1974 depicting the property as C-2 Restricted
Commercial and 1989 as C-O Outlying Commercial. In 2000 the property was rezoned
from C-O to R-M as a part of the larger valley-wide update to land use regulations and
the zoning map. At that time, the Town of Estes Park Board of Trustees and Larimer
County Board of County Commissioners approved a new Official Zoning Map and Estes
Valley Development Code which replaced and amended the existing Code and Map.
There is no record as to why this particular property was rezoned at that time, but one
possible explanation is that commercial zoning did not match the residential use of the
property. The zoning of a property should be consistent with the existing uses onsite
whenever a zoning change is considered.
Vicinity Map
Zoning
Subject
Property
E-1
CO
A
Subject
Property
Zoned RM
RM
CO
W. Elkhorn Ave
Table 1: Zoning and Land Use Summary
COMPREHENSIVE
PLAN
ZONING USES
SUBJECT
PARCEL
Downtown RM (Multi-Family
Residential)
Residential
NORTH Downtown A (Accommodations) Accommodations/
Undeveloped
SOUTH Downtown A (Accommodations) Accessory Use to
Accommodations
EAST Downtown A (Accommodations) Undeveloped
WEST Downtown A (Accommodations) Accommodations
Proposal:
The applicant has requested to rezone 540 and 550 West Elkhorn Avenue from RM
(Multi-Family Residential) to CO (Outlying Commercial). The statement of intent
(Attachment #3) indicates the rezoning is being driven by a desire to combine the
subject parcels and the parcel to the north into a single parcel to be consistent with the
property’s condominium declarations. All three parcels are owned by the Elkhorn Plaza
Owner’s Association but have different zoning, with the northern parcel zoned CO and
the southern parcels zoned RM. Combining the three parcels without some form of
rezoning would result in split zoning (i.e. a parcel with more than one zone district). The
Estes Park Development Code (EPDC) discourages, but does not prohibit, split zoning,
and best practice is to avoid split zoning due to the complications it can cause.
The statement of intent indicates other rationale for the rezoning, including:
• Making future redevelopment more viable (no redevelopment is planned at this
time)
• Lack of awareness of the owners of the 2000 rezoning and a desire to return to
the previous zoning
• Consistency with neighboring lots
• Ability to rent the units as vacation rentals without regard to the residential cap
and waitlist
All applications for text or Official Zoning Map Amendments shall be reviewed by the
Planning Commission and Town Board for compliance with the relevant standards and
criteria set forth below and with other applicable provisions of the EPDC. That the parcel
was previously zoned differently does not change the analysis required under the EPDC
to rezone it again at this time. In accordance with Section 3.3D “Standards for Review”
of the EPDC, all applications for rezoning shall demonstrate compliance with the
standards and criteria below and other applicable provisions of the EPDC:
1. The amendment is necessary to address changes in conditions in the areas
affected.
Staff Discussion: There have been changes in conditions since the current
zoning was established in 2000. Changes include development of Fall River
Village to the northeast, impacts of the 2013 Flood, redevelopment of the Elkhorn
Lodge, and conversion of the property to the north to an accommodations use
(Maxwell Inn). More broadly, changes in conditions include decreasing housing
affordability in the area and adoption of a new Comprehensive Plan (2022).
Staff Finding: While there have been changes in conditions in the area, they are
not substantial enough or of a nature that makes rezoning necessary to address
the changes. The property has historically been used for residential purposes
and will likely continue to be used as such in the future.
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: Since no new development is currently proposed, staff has
waived the development plan requirement per Section 3.3.B.1 of the Estes Park
Development Code:
“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.”
While no new development is planned, the rezoning can still be reviewed for
compatibility and consistency with the policies and intent of the Comprehensive
Plan and with existing growth and development patterns in the Estes Valley.
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 Plan goes on to state:
To achieve the multigenerational, year-round community envisioned in
Estes Valley, the workforce needs stable, affordable housing options and
a housing market that will allow diverse young families to grow into the
community. 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. This Housing element establishes goals and
policies to create housing opportunities. By investing in housing to meet
the needs of the workforce and families there will be more housing
choices for the entire community including seasonal workers and those
seeking to age in Estes.
Furthermore, the Plan recommends the following action:
H 1.F: Continue limit to short-term rental of residential units, within the
limits of the Town’s authority, and consider reducing the number of short-
term rentals to encourage more long-term rental units for housing.
In addition to housing policies, the Comprehensive Plan encourages
implementation of the Downtown Plan, as stated in the following action:
BE 3.D: Continue implementation of the Estes Park Downtown Plan by
integrating the recommendations for each Character Area into land use
policy and the Development Code.
The rezoning could indirectly support the following components of the Downtown
Plan:
• Character Area 1 Key Objective of promoting redevelopment along river
edges and Elkhorn Avenue.
• Community Character Principle of using land efficiently by promoting a
moderate increase in density and intensity of development
Staff Finding: The proposed rezoning is not fully compatible and consistent with
the policies and intent of the Estes Forward Comprehensive Plan. In particular,
the proposal is not consistent with the housing policies and intent.
Municipal Code Section 5.20.110(b) caps the number of vacation rentals allowed
in residential zones to 322 licenses in effect at any given time. Rezoning the
subject property from RM to CO would allow the owners of the eleven dwelling
units not currently licensed as vacation rentals to apply for licenses to be
converted to vacation rentals. Additionally, the four existing licenses would no
longer count against the cap of 322, meaning four other dwelling units in town
would become eligible to be converted to vacation rentals.
The Vacation Home Rental Fee Study prepared by Root Policy Research and
presented to the Board of Trustees on 2022 attempted to quantify the impact of
vacation rentals on the local housing market. It found that the continued
operation of vacation rentals has a detrimental impact on the availability of
workforce housing within the Town:
Every 100 STRs in Estes Park leads to a loss of 3-9 rental units and 4-9
ownership units that would otherwise be occupied by local residents (total
resident housing loss of 7-18 units). In addition, every 100 STRs in Estes
Park result in an $11 increase in monthly rent of resident units and a
$6,500 increase in home prices.
Not every vacation rental is a lost opportunity for workforce housing but the study
shows there’s an overall negative impact by vacation rentals on housing
affordability.
While not compatible and consistent with the Comprehensive Plan housing
policies, the rezoning is consistent with the Comprehensive Plan intent of
implementing the Downtown Plan, particularly the Downtown Plan objective of
promoting redevelopment along river edges and Elkhorn Avenue and the
principle of using land efficiently by promoting a moderate increase in density
and intensity of development. No redevelopment is proposed at this time but
conversion of units to vacation rentals could be considered an increase in
intensity.
Similarly, the rezoning would be compatible and consistent with existing growth
and development patterns in the Estes Valley and surrounding neighborhood.
The corridor is largely accommodations uses which, should the subject units be
converted to vacation rentals, would be a compatible and consistent use.
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.
Staff Finding: The property is developed with existing residential and vacation
home uses and is currently served by utilities. No comments in opposition to the
rezoning were received and no comments indicated an inability to provide
adequate services and facilities from service or utility providers.
Other applicable provisions of the EPDC
• EPDC § 4.4.B addresses permitted uses in Table 4-4. Multi-family dwellings are
not permitted in the requested CO zone district, meaning the dwellings would be
a non-conforming use. As such, additions or alterations to the structures may
become impossible as EPDC § 6.4 prohibits expansion of non-conforming uses.
Advantages:
• Avoids creating a split zoned property if the subject parcels are combined.
• If dwelling units are converted to vacation rentals, such a use is compatible and
consistent with existing growth and development patterns in the surrounding
neighborhood.
• Consistent with the Comprehensive Plan intent of implementing the Estes Park
Downtown Plan.
Disadvantages:
• Does not meet EPDC § 3.3.D.1 review criteria regarding changes in conditions in
the area.
• Does not meet EPDC § 3.3.D.2 review criteria regarding compatibility and
consistency with the housing policies and intent in the Estes Forward
Comprehensive Plan.
• Does not meet EPDC § 3.3.D.2 review criteria regarding compatibility and
constituency with the housing policies and intent in the Estes Forward
Comprehensive Plan.
• Does not comply with EPDC § 4.4.B - Table 4-4 - Permitted Uses: Nonresidential
Zoning Districts and would create a non-conforming use.
Action Recommended:
At their May 21, 2024 meeting Planning Commission forwarded to Town Board a
recommendation of denial consistent with staff’s recommendation of denial of the
proposed Zoning Map Amendment, including the following findings of fact:
1. The Planning Commission is the Recommending Body for the Zoning Map
Amendment.
2. The Town of Estes Park Board of Trustees is the Decision-Making Body for the
Zoning Map Amendment.
3. The application does not comply with EPDC § 3.3.D.1. There have been changes in
conditions in the area, but they are not substantial enough or of a nature that makes
rezoning necessary to address the changes.
4. The application does not comply with EPDC § 3.3.D.2. The proposed rezoning is not
compatible and consistent with the housing policies and intent in the Estes Forward
Comprehensive Plan.
5. The application complies with EPDC § 3.3.D.3. The application has been submitted
to all applicable reviewing agency staff for consideration and comment. No
comments indicated an inability to provide adequate services and facilities.
6. The application does not comply with EPDC § 4.4.B - Table 4-4 - Permitted Uses:
Nonresidential Zoning Districts and would create a non-conforming use.
Level of Public Interest
Public interest in this item appears to be low.
A neighborhood and community meeting regarding the rezoning project was held in the
at US Bank on April 12, 2024. Two owners attended but no neighbors or anyone else
with concerns/questions attended. No public comments have been received about the
rezoning.
In accordance with the notice requirements in the EPDC, notice of the Town Board
meeting was published in the Estes Park Trail-Gazette, on June 7, 2024. Notice was
mailed to all required adjacent property owners on June 5, 2024.
Any public comments received will be posted to:
https://estespark.colorado.gov/currentapplications
Sample Motion:
1.I move that the Town Board of Trustees approve Ordinance 09-24.
2.I move that the Town Board of Trustees deny Ordinance 09-24 based on the
findings of fact recommended by staff and Planning Commission.
3.I move to continue the application to the next regularly scheduled meeting,
finding that … [state reasons for continuing].
Attachments:
1. Ordinance 09-24
2.Application
3.Statement of Intent
ORDINANCE 09-24
AN ORDINANCE REZONING 540 and 550 WEST ELKHORN AVENUE FROM RM
(MULTIFAMILY RESIDENTIAL) TO CO (OUTLYING COMMERCIAL)
WHEREAS, the properties addressed 540 and 550 West Elkhorn Avenue, legally
described on Exhibit A, are currently zoned RM (Multifamily Residential); and
WHEREAS, the property owner’s association (Elkhorn Plaza Association) has
requested the property be rezoned to CO (Outlying Commercial); and
WHEREAS, the Estes Park Planning Commission has recommended denial of the
rezoning as proposed; and
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 meets all review
criteria in the Development Code.
Section 2: The application for rezoning is hereby approved.
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 9th day of July, 2024.
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 9th day of July, 2024 and published by title in a newspaper of
general circulation in the Town of Estes Park, Colorado, on the 12th day of July,
2024, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Exhibit A
ATTACHMENT 2
Page 1 of 2
STATEMENT OF INTENT
REZONING REQUEST
THE ELKHORN PLAZA ASSOCIATION
Being a portion of the Northeast Quarter of Section 26, and the Northwest
Quarter of Section 25,
Township 5 North, Range 73 West of the 6th P.M.,
Town of Estes Park,
Larimer County, Colorado.
January 26, 2024
Revised May 13, 2024
PROJECT LOCATION:
540 and 550 West Elkhorn Avenue
OWNER:
Elkhorn Plaza Association
PROJECT DESCRIPTION FOR THE ELKHORN PLAZA ASSOCIATION:
This rezoning request came about from a series of revelations that occurred when the Elkhorn Plaza
Association decided it was time to rebuild their decks. The decks are over 50 years old now and in need of
replacement. The condominiums were built in 1968 and 1970. The decks are a little small by current
standards, so the owners would like to rebuild the decks a little bigger, ten feet wide, as opposed to replacing
them at 5’-4” – 6’ as they are now. Unfortunately the current decks are already in violation of the 10’ rear yard
setback and the 30’ Fall River setback. Any expansion will require a variance to both setbacks. The variance
application is in process simultaneously with this rezoning application.
In order to enlarge the decks, an amended condominium map will need to be prepared to accommodate for the
increase in the Limited Common Elements for each unit. The initial condominium property was one of the
first ones in the Estes Park area, condominiumized in 1968 and 1970, and it was set up a little differently than
they typically are now. Each building was condominiumized on its own lot, each with different names,
however the condominium declarations were prepared as one association, which isn’t standard. The owners
would like to update the condominium maps by combining the lots into one lot to be consistent with the
declarations. This would include the separate vacant lot the association acquired in 1971. That separate lot is
triangular shaped, mostly in floodplain and is located to the north of the buildings along the Fall River. The
advantage they see is that if the buildings are redeveloped in the future, the property will be more conforming
to modern approaches as to size and can accommodate a larger development without the constraints of the
current property lines. The lot consolidation will also eliminate the need for setback variances to the rear lot
lines in the variance request. This lot consolidation process would be done through the amended condominium
map process if the rezoning is approved and once they are built. Ironically, the setbacks will increase from 10’
to 15’ if this rezoning request is approved, so the lot consolidation would be even more appropriate since they
would need a larger variance in the CO zone.
The final revelation was made when it was noted that the vacant lot is zoned CO and the two condominium
lots are zoned RM. The lot consolidation would thus create a split zoned property. This isn’t illegal, but it
isn’t appropriate. This is why we are requesting the rezone. The vacant lot has been owned by the association
since 1971, but the rezoning process in 2000 did not take into account common ownership and rezoned the
condominium properties from CO to RM, but did not rezone the vacant lot. They basically spot zoned only the
ATTACHMENT 3
Page 2 of 2
condominiums lots in 2000. Several of the current owners were owners in 2000 and do not recall the change in
zoning. They feel this was not right since they were essentially downzoned without their notification. The
HOA as a group would like their zone to go back to what it was prior to the 2000 rezoning effort. The CO
zone would be more consistent with the neighboring lots which are all CO as well. It would make the property
more amenable to redevelopment. It would also enable the properties to more easily be rented nightly since
this is in an accommodations corridor and they are within walking distance of town and provide their own
parking. Five of the units are already nightly rentals and this would make the nightly rental conforming as to
zone. One concern with the rezone to CO is that it would make the residential units a non-conforming use. It
essentially would make them legal non-conforming. However the five units that are already vacation rentals
would be legal since it is a permitted use in the CO zone.
Standards for Review:
1.The amendment is necessary to address changes in conditions in the areas affected; This rezoning
request is appropriate in order to combine the lots to avoid a split zoned lot. The lots were all zoned
C-O in 1999 but the town changed it, as mentioned earlier, with the 2000 Rezoning and Code effort.
As stated above the owners would like their old zone back that was changed without their knowledge.
It also reflects the use of the property since several of the owners rent them as nightly rentals and
several would also like to rent nightly. This property is ideal for nightly rental because it is close to
town and nightly rentals would subsequently be a legal use in the C-O zone. The Maxwell Inn and the
Elkhorn Lodge are their immediate neighbors and they are zoned for nightly rentals, so this use fits in
the neighborhood.
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; This is consistent with the Comprehensive plan to have high
density close to town and walkability for tourists. Otherwise, nothing is really changing with this
rezoning request.
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. All utilities are
currently serving the property.
Thank you for your consideration of this proposal.
Sincerely,
Joseph W Coop,
Van Horn Engineering
7/10/2024
1
Community Development
Town Board Meeting
July 9, 2024
Elkhorn Plaza Condos Rezoning
(540 & 550 W. Elkhorn Ave)
Joe Coop, Van Horn Engineering
(Applicant’s Representative)
Presented by Paul Hornbeck, Senior Planner
Vicinity Map of Subject Area
W. Elkhorn Ave
N
Subject
Properties
1
2
7/10/2024
2
Zoning Map
A
N
E-1
CO
A
RM
CO
Subject
Properties
Zoned RM
Adjacent
HOA
Property
Zoned CO
Site Photos
3
4
7/10/2024
3
Site Photos
Site Plan
N
5
6
7/10/2024
4
Site Plan
Review Criteria
1. The amendment is necessary to address changes in conditions in the
areas affected.
Staff Discussion: There have been changes in conditions since the current zoning
was established in 2000. Changes include development of Fall River Village to
the northeast, impacts of the 2013 Flood, redevelopment of the Elkhorn Lodge,
and conversion of the property to the north to an accommodations use
(Maxwell Inn). More broadly, changes in conditions include decreasing housing
affordability in the area and adoption of a new Comprehensive Plan (2022).
Staff Finding: While there have been changes in conditions in the area, they are
not substantial enough or of a nature that makes rezoning necessary to
address the changes. The property has historically been used for residential
purposes and will likely continue to be used as such in the future.
7
8
7/10/2024
5
Review Criteria (cont.)
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:
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 Plan goes on to state:
To achieve the multigenerational, year-round community envisioned in Estes
Valley, the workforce needs stable, affordable housing options and a housing
market that will allow diverse young families to grow into the community.
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. This Housing element establishes goals and policies to create
housing opportunities. By investing in housing to meet the needs of the
workforce and families there will be more housing choices for the entire
community including seasonal workers and those seeking to age in Estes.
Review Criteria (cont.)
The Plan recommends the following action:
H 1.F: Continue limit to short-term rental of residential units, within the limits
of the Town’s authority, and consider reducing the number of short-term
rentals to encourage more long-term rental units for housing.
Comprehensive Plan encourages implementation of the Downtown Plan, as
stated in the following action:
BE 3.D: Continue implementation of the Estes Park Downtown Plan by
integrating the recommendations for each Character Area into land use
policy and the Development Code.
The rezoning could indirectly support the following Downtown Plan components:
Character Area 1 Key Objective of promoting redevelopment along river edges and
Elkhorn Avenue.
Community Character Principle of using land efficiently by promoting a moderate
increase in density and intensity of development
9
10
7/10/2024
6
Review Criteria (cont.)
Staff Finding: The proposed rezoning is not fully compatible and consistent with
the policies and intent of the Estes Forward Comprehensive Plan. In particular,
the proposal is not consistent with the housing policies and intent.
• Municipal Code §5.20.110(b) – vacation rental cap of 322 licenses in
residential zones
• The Vacation Home Rental Fee Study prepared by Root Policy Research
and presented to the Board of Trustees on 2022 :
–Every 100 STRs in Estes Park leads to a loss of 3-9 rental units and 4-9
–ownership units that would otherwise be occupied by local residents
(total
–resident housing loss of 7-18 units). In addition, every 100 STRs in
Estes
–Park result in an $11 increase in monthly rent of resident units and a
$6,500 increase in home prices.
• Rezoning is consistent with Downtown Plan and with existing growth &
development.
Review Criteria (cont.)
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.
Staff Finding: The property is developed with existing residential uses and is
currently served by utilities. No comments in opposition to the rezoning were
received and no comments indicated an inability to provide adequate services and
facilities from service or utility providers.
Other applicable provisions of the EPDC
EPDC §4.4.B addresses permitted uses in Table 4-4. Multi-family dwellings are
not permitted in the requested CO zone district, meaning the dwellings would
be a non-conforming use. As such, additions or alterations to the structures may
become impossible as EPDC §6.4 prohibits expansion of non-conforming uses.
11
12
7/10/2024
7
Advantages
Avoids creating a split zoned property if the subject parcels are combined.
If dwelling units are converted to vacation rentals, such a use is compatible and
consistent with existing growth and development patterns in the surrounding
neighborhood.
Consistent with the Comprehensive Plan intent of implementing the Estes Park
Downtown Plan.
Disadvantages
Does not meet EPDC §3.3.D.1 review criteria regarding changes in conditions
in the area.
Does not meet EPDC §3.3.D.2 review criteria regarding compatibility and
consistency with the housing policies and intent in the Estes Forward
Comprehensive Plan.
Does not meet EPDC §3.3.D.2 review criteria regarding compatibility and
constituency with the housing policies and intent in the Estes Forward
Comprehensive Plan.
Does not comply with EPDC §4.4.B - Table 4-4 - Permitted Uses:
Nonresidential Zoning Districts and would create a non-conforming use.
13
14
7/10/2024
8
Action Recommended
At their May 21, 2024 meeting Planning Commission forwarded to Town Board a
recommendation of denial consistent with staff’s recommendation of denial of the
proposed Zoning Map Amendment, including the following findings of fact:
1. The Planning Commission is the Recommending Body for the Zoning Map
Amendment.
2. The Town of Estes Park Board of Trustees is the Decision-Making Body for
the Zoning Map Amendment.
3. The application does not comply with EPDC §3.3.D.1. There have been
changes in conditions in the area, but they are not substantial enough or of a
nature that makes rezoning necessary to address the changes.
4. The application does not comply with EPDC §3.3.D.2. The proposed rezoning
is not compatible and consistent with the housing policies and intent in the
Estes Forward Comprehensive Plan.
5. The application complies with EPDC §3.3.D.3. The application has been
submitted to all applicable reviewing agency staff for consideration and
comment. No comments indicated an inability to provide adequate services
and facilities.
6. The application does not comply with EPDC §4.4.B - Table 4-4 - Permitted
Uses: Nonresidential Zoning Districts and would create a non-conforming use.
Public Notice & Comment
1. Notice of the this meeting was
published in the Estes Park Trail-
Gazette, on June 7, 2024.
2. Notification was mailed to all
required adjacent property owners
on June 5, 2024.
3. Sign posted on property by
applicant
4. Neighborhood meeting – April 12,
2024
5. Staff has received no inquiries or
opposition.
15
16
7/10/2024
9
Sample Motions
1. I move that the Town Board of Trustees approve Ordinance No. 09-24.
2. I move that the Town Board of Trustees deny the application based on the
findings of fact recommended by staff and Planning Commission.
3. I move to continue the application to the next regularly scheduled meeting,
finding that … [state reasons for continuing].
17
Elkhorn Plaza Condominium Rezoning
Request
•The Elkhorn Plaza Condominiums were built in 1968 and
1970. Building A was built first and Building B was
second.
•They were built before comprehensive zoning was done
in town as well as any setback requirements.
•The main reason we are requesting this rezone is
because the current zoning of the properties are not the
same. There are three lots that are owned by the
Homeowners association and they are two different
zones.
•The owners would like to combine the lots into one for
two main reasons. Primarily, the setbacks cause a
problem with the decks, landings and stairs. We’d like to
avoid any encroachments on the property lines, even
though they own the land.
•Second reason is because it really should be one
property. It is under one Homeowners Association so it
should be one property as well.
•The best scenario for this is to have one zone on the
property. Split zoning is not illegal, but it is also not
appropriate.
Pre ‐2000 Zoning Map
•Before 2000, this property was zoned
Commercial Outlying since it was adjacent
to the Elkhorn Lodge and was along the
main highway corridor.
•It had been zoned that since at least 1974
as Paul pointed out in his presentation.
•At the time the Town deemed it
appropriate that the property should be a
commercial use property.
•Many of them bought this property as a
vacation home and put their units in the
rental pools with various rental agencies
in town. Historically this was pretty
common in the days before AirB&B and
VRBO. It was perfectly legal and common
to do, not only for this property but many
other properties in and around town.
•Additionally, any redevelopment of this
property would likely be more of a
commercial component considering it’s
proximity to the Elkhorn Lodge, a CO zone
property.
•They would simply like to go back to that
CO zoning.
2024 Zoning Map •In 2000, when the Town did a Comprehensive Rezoning
they changed the zone of this property from the C‐O to
Residential Multi‐Family. They spot zoned this property
and put it in the middle of CO zoning. It is surrounded.
•This was done without notification of the owners. The
owners who still own now don’t recall ever getting a
notification of the zoning change.
•I personally can attest to that because I did not get one
either for my lot on the south side of town. I was
working here at Van Horn Engineering at the time, so I
knew it was happening, but nevertheless, I didn’t get a
notification.
•Currently only two of the units are lived in year round.
The rest of the units are either Short Term Rentals or
summer vacation homes, which could be better used as
occasional nightly rentals.
•Since this property is close to town, provides it’s own
parking and next to another commercial property that
happens to be nightly rentals, it is an appropriate use of
this property and consistent with the neighborhood.
•The owners had been doing this for years, however now
they can’t without getting on a waiting list which will
likely take years.
•Essentially, they would like their zoning back to be able
to do what these properties traditionally did. To be able
to do what they feel was taken away from them.
Elkhorn Plaza Condominium
Rezoning Request
•To address the three conditions of requesting a rezone, I’d
like to initially say that it shouldn’t have changed in the first
place. The town did change this properties zoning without
the owners input or knowledge.
•Regarding item 1 for a rezone, there have been changes in
the area. To say they are not substantial is not accurate. I’ll
just list the primary one, which is the redevelopment of the
Elkhorn Lodge. This property is so closely intertwined with
the Lodge that it should be a commercial property. If there
were to ever be a redevelopment of this site, CO would be
the appropriate use.
•Regarding compatibility with the Comprehensive Plan, this
case is arguably consistent with the comprehensive plan. The
comprehensive plan is a vague and very subjective
document. It can be used for any manor of arguments you
wish. The main corridors should be commercial properties
and the fact this is close to town, surrounded by commercial,
and a close walk for any tourists who do come to town, this is
ideally a commercial use. The town is making the case that
4%‐9% of properties will become nightly rentals if given the
chance, according to their recent housing study. That equates
to losing only one more of these properties to nightly rentals.
Considering many of the owners don’t rent regularly and are
never here, there won’t be a significant loss. Several of them
have expressed to me they likely will not enter the nightly
rental pool anyway.
•Regarding adequate services, the property is currently
serviced with upgraded utilities all around. There is sufficient
electric, water and sewer and fire suppression now.
Elkhorn Plaza Condominium Rezoning Request
•To summarize, I’d like to just mention three things.
•One: I think we can all agree that this parcel is surrounded by Commercial Outlying. It was
CO before 2000, it should be CO, and the owners would like to have it back as CO.
•Two: The Comprehensive Plan is a subjective and vague document. The planners are
hanging their hat on one item of the guiding principles to deny this request. In fact this
property can also fit in several other categories of the guiding principles and the
Comprehensive Plan. Namely, providing a year round diversified economy. Currently most of
these properties are used for only a few weeks out of the year. Allowing some of the owners
to rent nightly would provide more use, income and tax to the community.
•Three: We originally approached the planning department about rezoning this property
months ago. Paul Hornbeck offered to help the owners rezone the property and just go
through the process. Subsequently, we scheduled a pre‐application and at that meeting the
planning department agreed to help us rezone the property back to CO. Paul Hornbeck and
Kara Washam were at that meeting. We moved ahead with this process, thinking we had
support from the planning department. This change of course caught us off guard and the
process has been time consuming and expensive for the owners. We expected support from
Planning but understand now that their persepective has changed. We ask for the Town
Board’s support and acknowledge their authority to approve this rezone application.
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on ACTION ITEM #1
ORDINANCE 11-24 AMENDING SECTION 5.20.110 OF THE ESTES PARK
MUNICIPAL CODE REGARDING BED AND BREAKFAST INN.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the item.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT.
Review the staff report.
3. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
item. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the item.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8.DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9.VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
TOWN CLERK Memo
To: Honorable Mayor Hall
Board of Trustees
Through Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: July 9, 2024
RE: Ordinance 11-24 Amending Section 5.20.110 of the Estes Park Municipal
Code Regarding Bed and Breakfast Inn
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Consider amendments to the bed & breakfast regulations to align their operations with
the Colorado statutory definition and the regulations of the Larimer County Assessors,
and to clearly differentiate them from vacation homes.
Present Situation:
The Town Board approved Ordinance 06-23 at their May 23, 2023 meeting placing a
moratorium on new bed & breakfast licenses for 6 months to provide staff time to
develop amendments to the current regulations. Staff presented an ordinance outlining
proposed regulation amendments at the November 14, 2023 meeting, and the Board
requested staff provide further clarification/review of the drafted code amendments
regarding innkeeper residency, food safety & service, kitchen use, and grandfathering.
Ordinance 12-23 was approved by the Board at their November 28, 2023 meeting to
extend the moratorium for an additional 6 months expiring May 23, 2024. An additional
report was presented to the Board on April 9, 2024 related to grandfathering options.
The Board requested the item be addressed by the newly seated Board, therefore, an
additional three-month moratorium expiring August 23, 2024 was approved with
Ordinance 08-24. A study session was held with the Board on May 28, 2024 and staff
was provided direction to move forward with an ordinance for the Board’s consideration
at an upcoming meeting to align the Town’s definition with the state and county, require
innkeepers to reside in the same unit as the B&B, require innkeeper interaction with
guests, innkeeper must be available within 30 minute response time, offer breakfast, no
transferability of new licenses, drawing outlying areas used by the guest, require life
safety inspection, define the rental of sleeping areas, and outlining a grace period for
currently licensed B&Bs to come into compliance with the new regulations by January 1,
2026.
Proposal:
The attached proposed ordinance would amend the Municipal code to address the items
outlined above, more specifically, define the local representative for a bed and breakfast
as the “innkeeper”; the innkeeper could be the homeowner of record or an onsite
manager required to be reside on the property and be onsite while the property has
guests; the innkeeper could be up to three different individuals; the innkeeper(s) must
demonstrate residence for at least nine months of the year; the innkeeper must be
available to interact with the guests and be available in the event of an emergency;
require a floor plan to distinguish between guest spaces, innkeeper spaces, and
common areas; and a fully cooked prepared breakfast must be offered daily for each
night’s stay and be clearly outlined in the advertisement or listing for the bed and
breakfast. The proposed ordinance requires all new applications filed after May 23, 2023
to adhere to the regulations outlined in the proposed ordinance. Current licenses would
have until January 1, 2026 to adhere to the new regulations.
The proposed ordinance also contains some minor cleanup of language such as the
definition of local representative, new building code reference for life safety inspection
requirement, and other small typos or clarifications.
Advantages:
•Align the Town codes with the statutory definition and the Larimer County Assessor.
•Clearly outline the regulations for the operation of a bed & breakfast for staff, owners
and neighbors.
•Differentiate a bed and breakfast from a vacation home.
•Provide current operations a grace period to come into compliance with the new
regulations.
Disadvantages:
•Current businesses would need to change operations to meet the new code
requirements.
•Additional application requirements would be required.
•Fewer bed & breakfast applications may be received.
Action Recommended:
Approve Ordinance 11-24.
Finance/Resource Impact:
None.
Level of Public Interest.
Low.
Sample Motion:
I move to approve/deny the Ordinance 11-24.
Attachments
1. Ordinance 11-24
2.Amendments
ORDINANCE NO. 11-24
AN ORDINANCE AMENDING SECTION 5.20.110 OF THE ESTES PARK
MUNICIPAL CODE REGARDING BED AND BREAKFAST INNS
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Section 5.20.110 of the Estes Park Municipal Code is hereby
amended, by adding underlined material and deleting stricken material, as set forth on
Exhibit A. Ellipses indicate material not reproduced as the Board intends to leave that
material in effect as it now reads.
Section 2: Ordinance 08-24 is hereby repealed.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this 9th day of July, 2024.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the 9th day of July, 2024 and published in a newspaper of general
circulation in the Town of Estes Park, Colorado, on the 12th day of July, 2024, all as
required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Exhibit A
5.20.110 Additional provisions for vacation homes and bed and breakfast inns.
(a) Business license application requirements.
. . .
(2)Local representative. Local representatives shall be designated as follows:
. . .
b. Bed and breakfast inns. The application for a business license for any bed and breakfast inn shall
designate the resident owner or on-site manager (collectively, an “innkeeper” for the purposes of
this section) residing on the premises who can be contacted and is on the property twenty-four
(24) hours per day when the bed and breakfast is in operation, regarding any violation of the
provisions of this Section. The person set forth on the applicationinnkeeper shall be the
representative of the owner for immediate violation resolution purposes with regard to the bed
and breakfast inn.
. . .
(8)Life safety inspection.
a.Requirement. To be issued a license, a vacation home or bed and breakfast inn must first
undergo and pass a life safety inspection or other required building inspection, as applicable, and
receive a certificate of occupancy that allows for such use, such as described in Section 14.12.025
080 of this Code, section R33227 of the International Residential Code as amended.
. . .
e.Bed and breakfast inn life safety inspections. To be issued a license, a bed and breakfast inn must
first undergo and pass a life safety inspection as described for vacation homes and for large
vacation homes in Section 14.12.080 of this Code, section R332 of the International Residential
Code as amended. That section hereby applies to bed and breakfast inns equally as it does to
vacation homes and large vacation homes, and a bed and breakfast inn must similarly be issued a
certificate of occupancy allowing for such bed and breakfast inn use. This subparagraph (e) shall
apply to all bed and breakfast inns first licensed after May 23, 2023. It shall also apply to all bed
and breakfast inns, including those previously licensed, effective January 1, 2026. When this
subparagraph applies, subparagraphs (b)-(d) of this section (8) shall also apply.
. . .
(d)Renewal.
(1)Business licenses for vacation homes in residential zoning districts that are deemed active as of
December 31 in any given year shall have priority for renewal in the following calendar year over any
new applications for business licenses for vacation homes in residential zoning districts, provided a
renewal for said active registration license is received and deemed complete and proper, all required
inspections passed, and fees paid by January 31 of the renewal calendar year.
. . .
(e) Operating requirements.
. . .
(7)Occupancy for bed and breakfast inns.
ATTACHMENT 2
a. Maximum occupancy—Eight-and-under occupants. The maximum allowable occupancy shall be
limited by a maximum of two (2) guests per bedroom plus two (2) guests. The maximum
allowable occupancy for an individual bed and breakfast inn shall be eight (8) occupants.
b. Maximum oOccupancy—Nine-and-over occupants. A residential structure with four (4) or more
sleeping rooms may be permitted as a bed and breakfast inn if granted zoning approval by special
review in accordance with the S2 procedure described in the Estes Park Development Code. The
maximum occupancy in a nine-and-over occupant bed and breakfast inn shall be as specified in
the special review approval granted by the Town Board; provided that occupancy shall be limited
to a maximum of two (2) individuals per sleeping room plus two (2) individuals per bed and
breakfast inn.
c. One (1) bedroom must be assigned to the resident owner or on-site manager innkeeper and
therefore not added to the maximum occupancy calculations in paragraphs (7)a. and (7)b. above.
(8) Number of parties.
a. Vacation homes in residential zone districts as those districts are defined in Subsection (b) above
shall be rented, leased or furnished to no more than one (1) party at a time, occupying the
vacation home as a single group. Owners of the vacation home shall not occupy the vacation
home while a party is present. All occupants shall be registered by name on or before the time of
the party's initial occupancy. The name registry shall be maintained by the property owner, local
representative or manager, and shall be made available to the Town or any other appropriate
regulatory entity upon request.
. . .
(14) In the CD Downtown Commercial zoning district, vacation homes and bed and breakfast inns shall not
be located on the ground floor of a building fronting on Elkhorn Avenue.
. . .
(16) Meal service. Bed and breakfast inns may provide meal service to registered overnight guests.
(17) The owner of a bed and breakfast inn, or the on-site manager employed by the owner, must reside on
the premises at all times when the bed and breakfast inn is in operation.
(16) Additional operating requirements for bed and breakfast inns.
a. The innkeeper of a bed and breakfast inn must reside on the premises when the bed and
breakfast inn is in operation.
b. The innkeeper must actually reside on the bed and breakfast inn premises at least nine months
of the year.
c. To reside on the premises for the purposes of this paragraph (16) means to reside in the same
dwelling unit, as defined in the Estes Park Development Code, as the bed and breakfast inn.
The innkeeper must not reside in a space that qualifies as a dwelling unit distinguishable from
the dwelling unit constituting the bed and breakfast inn.
d. The innkeeper must be readily accessible in person to guests at all reasonable times; must
regularly interact in person with all guests; and must be available to guests immediately or
within thirty minutes, in person, in case of emergency.
e. The innkeeper must offer all guests of the bed and breakfast inn a fresh-cooked breakfast
prepared on site for each night of the guest’s occupancy, at no charge other than the fee for
the lodging accommodations. The meal shall be noted as included with the fee in all
advertisements and listings for the lodging.
f. Any new application or application for renewal for a bed and breakfast inn may include up to
three individuals who collectively shall satisfy the obligations of the innkeeper under this
section; provided however, that if more than one individual is designated, (i) the application
shall provide a single set of contact information, in the form required by the Town Clerk, which
shall immediately reach whichever individual is acting as the innkeeper at that time, and (ii)
the application shall include a schedule of when each individual is planned to act as the
innkeeper over the license year and subsequent renewal period. Any such application
information may be amended during the license year, with repayment of the business license
fee as a reprocessing fee.
g. Multiple parties. Bed and breakfast inns are intended to be rented out room-by-room, to
multiple parties. One sleeping room of a bed and breakfast inn must be occupied by the
innkeeper and not guests. A bed and breakfast inn with more than two sleeping rooms must
advertise and rent the premises on a per-sleeping-room basis, with no prohibition or
discouragement of multiple parties lodging at the same time within the bed and breakfast inn,
and no discount or other enticement for renting more than one room.
h. The application for a bed and breakfast inn must include a drawing, in the form required by
the Town Clerk, displaying the areas of the property (i) utilized by the guests exclusively,
except as needed for cleaning, (ii) utilized exclusively by the innkeeper, and (iii) utilized by
both as common areas. Operation of the bed and breakfast inn shall adhere to this
representation.
i. The requirements of paragraph (16) shall apply to all bed and breakfast inns first licensed after
May 23, 2023. They shall apply to all bed and breakfast inns, including those previously
licensed, effective January 1, 2026.
. . .
7/10/2024
1
Bed & Breakfast Inn
Code Amendments
Town Board of Trustees
July 9, 2024
Goals
Consider proposed Ordinance 11-24 Regarding Bed & Breakfast
Regulations
Differentiate a bed & breakfast from a vacation home
Align Town definition and regulations with Larimer County Assessor
and State Statute definition
Clearly outline regulations
1
2
7/10/2024
2
Innkeeper to
reside in same
unit as B&B
Interactive
Innkeeper
30-min response
time
Offer Breakfast
Drawing
Required
Life Safety
Inspection
Multiple Parties
Room-by-room
rental
Grace Period for
current Licenses
Jan 1, 2026
Proposed Amended Regulations
Proposed Amendments
Proposed CodeProposed Regulations
The innkeeper must actually reside on the bed and breakfast inn
premises at least nine months of the year.
Innkeeper to reside in same
unit as B&B
The innkeeper must be readily accessible in person to guests at all
reasonable times; must regularly interact in person with all guests;
and must be available to guests immediately or within thirty
minutes, in person, in case of emergency
Interactive Innkeeper 30-
min response time
The innkeeper must offer all guests of the bed and breakfast inn a
fresh-cooked breakfast prepared on site for each night of the
guest’s occupancy, at no charge other than the fee for the lodging
accommodations.
Offer Breakfast
To be issued a license, a bed and breakfast inn must first undergo
and pass a life safety inspection as described for vacation homes
and for large vacation homes in Section 14.12.080 of this Code,
section R332 of the International Residential Code as amended…
Life Safety Inspection
3
4
7/10/2024
3
Municipal Code Revisions
Code AmendmentProposed Amendment
Bed and breakfast inns are intended to be rented out room-by-
room, to multiple parties. One sleeping room of a bed and
breakfast inn must be occupied by the innkeeper and not guests.
A bed and breakfast inn with more than two sleeping rooms must
advertise and rent the premises on a per-sleeping-room basis…
Multiple Parties
Room-by-room rental
The application for a bed and breakfast inn must include a
drawing, in the form required by the Town Clerk, displaying the
areas of the property (i) utilized by the guests exclusively,
except as needed for cleaning, (ii) utilized exclusively by the
innkeeper, and (iii) utilized by both as common areas. Operation
of the bed and breakfast inn shall adhere to this representation.
Drawing Required
The requirements of paragraph (16) shall apply to all bed and
breakfast inns first licensed after May 23, 2023. They shall apply
to all bed and breakfast inns, including those previously licensed,
effective January 1, 2026.
Grace Period for Current
Licenses
Jan 1, 2026
Public Comment
No comments received by noon deadline.
5
6
7/10/2024
4
Board Discussion/Direction &
Questions
7
Town Clerk <townclerk@estes.org>
board agenda and communication
Cindy Kingswood <CKingswood@eph.org>Tue, Jul 9, 2024 at 3:43 PM
To: "Townclerk@estes.org" <Townclerk@estes.org>, "hall@estes.org" <hall@estes.org>
I was just made aware of the agenda for the board meeting tonight and my first question is why could the few of us who
currently have an AirBNB license not have been told ahead of time about this. It seems the board talks about
transparency but in reality they would rather that those who are most affected by decisions not know about things until it
is almost too late to get our input.
Unfortunately I am unable to make it to the meeting tonight but I would ask that you consider grandfathering in
those of us who have been operating a BNB without any ill effects to our community to continue to operate as we have
been. We have remodeled and set up our house to be able to accommodate our guests with their own kitchenette. This
gives them the ability to fix their own simple meals as they wish according to their dietary needs and the ability to eat their
breakfast at their own convenience. If I have to be available to fix a hot meal for my guests it would mean that I will also
have to quit my 43 plus year job as a nurse at our local hospital to accommodate this unnecessary requirement. It is our
goal to provide lodging for guests here in our tourist town and to make their stay as welcoming as possible. We have
never been asked by our guests to provide a meal for them and we remain committed to providing them a great
experience in Estes Par. I ask you to please consider us the hosts and also our guests as you make a decision on more
regulations which are not needed. Thank you for giving this your attention.
Cindy Kingswood
UTILITIES Report
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Reuben Bergsten, Utilities Director and Joe Lockhart, Line Superintendent
Date: July 9, 2024
RE: Proposed Electric Rate Increase
Objective:
To maintain financial health and electric infrastructure reliability, we are proposing an
increase in electric rates in our public forum to gather feedback from our customers.
Present Situation:
The 2019 study did not contemplate many of these increased costs.
Despite the challenges, we are proactively seeking cost control opportunities. We work
to secure grants, realign resources for greater effectiveness, and collaborate with other
utilities on shared services. These efforts ensure efficient financial management, putting
downward pressure on rates.
At the March 12th, 2024, study session, staff presented financial rate study results with
a proposed 5% increase. Three late spring weather events delayed our completion of
the cost-of-service portion of the rate study.
While a rate increase may seem unwelcome, investing in our future is vital.
Proposal:
We are proposing an overall rate increase of 5.0% starting in October 2024.
Electric rates for 2025 and 2026 will be brought forward in early 2025 when the full cost-
of-service analysis has been completed.
Advantages:
•Maintain adequate financial health to operate the enterprise
•Meet our bond covenant obligations
•Fund projects required to improve reliability, quality and safety of our system
Disadvantages:
Higher cost of electricity; however, our Town strives to provide high-quality, reliable
electricity while being good stewards of our natural surroundings
Action Recommended:
Staff recommends the Board continue asking questions and consider the proposed rate
increase at the next two board meetings.
Finance/Resource Impact:
If approved, the revenues are expected to increase by 5%
Level of Public Interest
High, increases in utility rates will touch every Power and Communications customer
Attachments:
None.
7/9/2024
1
Proposed Electric Rate Increases
Proposed Electric Rate IncreasesMarch
Deep Snow
1
2
7/9/2024
2
Proposed Electric Rate Increases
April
Heavy wet
Snow
Proposed Electric Rate Increases
April
Heavy wet
Snow
3
4
7/9/2024
3
Proposed Electric Rate Increases
April
Heavy
Snow
Proposed Electric Rate Increases
Early May Wind Event
5
6
7/9/2024
4
Proposed Electric Rate Increases
Early May Wind Event
Proposed Electric Rate Increases
Early
May
Wind
Event
7
8
7/9/2024
5
Rate Pressures
Upward Rate Pressure
AND
Downward Rate Pressure
Our work to reduce costs
Rate Pressures
Upward Rate Pressures:
New ERP software & Utility Billing Software
This is our EXISTING
1980s ERP & Utility
Billing Software
9
10
7/9/2024
6
Rate Pressures
Upward Rate Pressures:
MODERNIZATION: Virtual Power Plant integration with PRPA
Rate Pressures
Upward Rate Pressures:
MODERNIZATION: Virtual Power Plant integration with PRPA
ADMS (Advanced Distribution Management System)
DERMS (Distributed Energy Resources Management System)
MDMS (Meter Data Management System)
AMI (Advanced Metering Infrastructure) integration w/PRPA
EMS (Energy Management System)
OMS (Outage Management System)
11
12
7/9/2024
7
Rate Pressures
Upward Rate Pressures:
Inflation
Rate Pressures
Upward Rate Pressures:
Inflation & supply chain
Bucket trucks
long lead time 50% higher price
2016 model, $185,158; Today $275,121 (24 month lead time)
Inventory Long Lead Times – Ties up $$ which can’t be used to meet 90 day O&M and Debt
service coverage.
Transformers
2020 $6,355, 150 KVA; 2022 $21,527
Price increase reduces funds used to meet 90 day O&M and Debt service coverage.
13
14
7/9/2024
8
Rate Pressures
Downward Rate Pressures:
Grants
Rate Pressures
Downward Rate Pressures:
Grants
Awarded:
•$785,937, Wildfire Mitigation, Congressionally Directed
Spending-FEMA
•$350,000, PRPA/Estes Park Storage and Microgrid Project
•~$250,000 annually Wildfire Mitigation from the
1% Renewal Tax ($2.5M over ten years)
Applied:
•Grid Hardening for Small and Rural Communities
15
16
7/9/2024
9
Rate Pressures
Downward Rate Pressures: Re-organization
Rate Pressures
Downward Rate Pressures:
Re-organization
Journey Lineworkers do line work, Equipment Operators operate heavy
equipment
Tree trimming outsourced
Temporary staffing, contracted and outsourced
Capital Construction in-house
3x lower, 2022 Bid to underground Saddleback Lane area
Partnerships
Outsourcing
PRPA Efficiency Works
PRPA substation maintenance
Cost Share Software
Louisville, asset management software
Potential future with PRPA and the PRPA sister cities
17
18
7/9/2024
10
Rate Pressures
Downward Rate Pressures (continued):
Smart Meters
Formerly five meter readers every day. Now One meter reader for one
day. Reduces labor costs and the associated vehicle miles traveled.
A reduction in staff hours associated with customer outage calls,
improved communication customer outage, reduced.
Rate Pressures
Downward Rate Pressures:
Re-organization
Capital Construction in-house
Outsourcing
Cost Sharing Partnerships
Smart Meters
Upward Rate Pressures:
New ERP software
New billing software
Distribution System
Modernization
Inflation & supply chain
SUMMARY
19
20