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HomeMy WebLinkAboutPACKET Town Board 2024-11-26The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 26, 2024 7:00 p.m. ACCESSING MEETING TRANSLATIONS (Accediendo a las Traducciones de la Reunión) To access written translation during the meeting, please scan the QR Code or click this link for up to 48 other languages (Para acceder a la traducción durante la reunión, par favor escanee el código QR o haga clic en el enlace para hasta 48 idiomas más): https://attend.wordly.ai/join/UOFH-5928 Choose Language and Click Attend (Seleccione su lenguaje y haga clic en asistir) Use a headset on your phone for audio or read the transcript can assist those having difficulty hearing (Use un auricular en su teléfono para audio o lea la transcripción puede ayudar a aquellos que tienen dificultades para escuchar). The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available or use the link above to access audio or read the transcript. ADVANCED 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. 1. 2025 TOWN BOARD MEETING DATE CHANGE. Consider rescheduling the November 11, 2025 regular Study Session and Town Board Meeting to Wednesday, November 12, 2025 due to the Veterans Day holiday. CONSENT AGENDA: 1. Bills. 2. Town Board Meeting and Study Session Minutes dated November 12, 2024. 3. Estes Park Planning Commission Minutes dated October 15, 2024 (acknowledgment only). Prepared 2024-11-15 *Revised NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 4. Resolution 83-24 Contracts for Debris Removal and Hauling Services with: •Ceres Environmental Services, Inc. •DRC Emergency Services, LLC 5. Resolution 84-24 Amendment to Donation Agreement with the Estes Park Museum Friends & Foundation, Inc. (EPMFF) for Staffing. 6. Resolution 85-24 Setting the Public Hearing for a New Hotel & Restaurant Liquor License Application for Antlers Tavern LLC DBA Antlers Tavern, 145 E. Elkhorn Avenue, Estes Park, Colorado. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1.ACTION ITEMS: A. RESOLUTION 86-24 242 VIRGINIA SUBDIVISION FINAL PLAT, 242 VIRGINIA DRIVE, CD INVESTMENTS, LLC, OWNER/APPLICANT. Planner Hornbeck. To subdivide a 0.75 acre property into a six lot residential subdivision. ACTION ITEMS: 1.ORDINANCE 17-24 AMENDING CHAPTERS 3 AND 9 AND APPENDIX B OF THE ESTES PARK DEVELOPMENT CODE PERTAINING TO PLANNED UNIT DEVELOPMENT (PUD) AND VARIANCES. Planner Hornbeck. To consider revisions to address inconsistency between the Comprehensive Plan and Development Code regarding Mixed-Use Centers and Corridors, and to eliminate density variances for accommodation uses in-lieu of PUD. 2.ORDINANCE 18-24 AMENDING CHAPTER 8.06 OF THE ESTES PARK MUNICIPAL CODE REGARDING MAXIMUM PERMISSIBLE NOISE LEVELS. Town Administrator Machalek. To consider an update to the Town’s Noise Ordinance. 3.6E FUNDING REQUEST FOR THE EVICS FAMILY RESOURCE CENTER. Manager Bangs. To consider the expenditure of 6E funds toward the funding amount that EVICS Family Resource Center distributed in tuition assistance awards from January through April 2024. 4.2025 STRATEGIC PLAN ADOPTION. Town Administrator Machalek. To consider adoption of the 2025 Town Board Strategic Plan. ADJOURN. Town of Estes Park, Larimer County, Colorado, November 12, 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 12th day of November, 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 Jackie Williamson, Town Clerk Absent: None Mayor Hall called the meeting to order at 7:08 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Hazelton/Younglund) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. John Guffey/Town resident commented on Ordinance 17-24 to modify the planned unit development (PUD) regulations and requested the Board vote “No” on commercial expansion. Becky Robbins/Town resident reviewed suggestions from the Estes Valley Short-Term Rental Alliance regarding hosted short-term rental including adopting the Larimer County definition, a separate category, allow multiple parties, no cap, eliminate the workforce housing regulatory linkage fee, the flexibility to rent a room, and the ability to rent when and how the homeowner choses. Liz Mulhern/Town resident thanked the Board for the hosted short-term rental discussion and their willingness to work with the homeowners. Fritz Sampson/Town resident reviewed his letter included as public comment. He questioned why the Board passed Ordinance 11-24 regarding bed and breakfasts if they were not going to allow it to take effect and determine its impact before making additional changes. TRUSTEE COMMENTS. Board comments were heard and have been summarized: attended the Veteran’s Day memorial celebration to honor those that served our country; thanked staff for the Cleave Street construction update meeting; attended the retirement of Chris Bieker and Ron Duell who served the community at Upper Thompson Sanitation for decades; the Regional Opioid Abatement Council continues to work on 2025 commitments and allocate funding from additional judgements; Visit Estes Park announced Rachel Oppermann as the new Marketing Director and Papae Litchfield as Communications Manager; the Estes Valley Library partnered with Restorative Justice during the month of October for Conflict Resolution month with the screening of Undivide Us; encouraged citizens to become election judges by contacting the Larimer County Elections Office; the Economic Development Workforce Council adopted their operating plan; noted Restorative Justice provided mediation with Coffee on the Rocks and the neighboring condominium to DR A F T Board of Trustees – November 12, 2024 – Page 2 address noise issues; and encouraged residents to complete two surveys from the Transportation Advisory Board that address the transit development plan and multimodal plan. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek commented on a recent issue with a Trustee inadvertently removing themselves from the group email account trustees@estes.org which emails all trustees. He noted the Trustee was readded to the email group once it was determined. CONSENT AGENDA: 1. Bills. 2. Town Board Budget Study Session Minutes dated October 9, 2024 and Town Board Meeting and Study Session Minutes dated October 22, 2024. 3. Transportation Advisory Board Minutes dated September 18, 2024 (acknowledgment only) It was moved and seconded (Igel/Younglund) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1. PUBLIC HEARING – 2025 PROPOSED BUDGET. Mayor Hall reopened the public hearing. Director Hudson stated this is the second meeting to review the 2025 operating budget and 2025 capital improvement plan. He noted that an additional $6,000 was added to fund the Arts District for a total of $21,000 in 2025. He restated the proposed budget presented for 2025 would meet the 25% reserve policy of the Board with a total budget of $92 million. Town Administrator stated the Town would not run at a deficit in 2025, rather fund balance would be spent to complete projects. After further comments, the Mayor closed the public hearing. It was moved and seconded (Younglund/Cenac) to approve the Highway User’s Trust Fund for expenditures for striping, snow plowing, traffic signs, street lights, and other related road and street costs as proposed for 2025, and it passed unanimously. It was moved and seconded (Hazelton/Brown) to approve Resolutions 80-24 to set the mill levy, 81-24 to adopt the 2025 budget, and 82-24 to appropriate sums of money for 2025, and it passed unanimously. It was moved and seconded (Younglund/Hazelton) to approve the Capital Improvements Plan for 2025-2029, and it passed unanimously. 2. LETTER OF INTENT TO PARTICIPATE IN LARIMER COUNTY'S HAZARD MITIGATION PLAN UPDATE. Town Administrator Machalek stated the Federal Emergency Management Agency (FEMA) and the Federal Disaster Mitigation Act of 2000 require a Hazard Mitigation Plan (HMP) for a jurisdiction to qualify for Federal Hazard Mitigation grant funds. The Town participated in Larimer County’s 2021 update to the Larimer County Hazard Mitigation Plan, which expires in 2025. Larimer County has informed the Town that they are slated to be awarded grant funding by FEMA to update the current multi-jurisdictional HMP. An updated HMP would ensure eligibility for FEMA Hazard Mitigation Assistance grant programs for each participating jurisdiction/entity. The County must provide the Colorado Division of Homeland Security and Emergency Management (DHSEM) with formal notice from all jurisdictions/entities that intend to participate in this multi-jurisdictional plan in order to receive the grant funds. Staff has prepared a letter of intent to participate for the Board’s consideration and if approved would formally secure the Town’s participation in the new HMP, thus securing the Town’s eligibilty for future FEMA Hazard Mitigation Assistance grants. It was moved and seconded (Younglund/Lancaster) to approve the Letter of Intent to Participate and authorize the Mayor to sign the letter, and it passed unanimously. DR A F T Board of Trustees – November 12, 2024 – Page 3 REPORTS AND DISCUSSION ITEMS: 1. NOISE ORDINANCE. Town Administrator Machalek presented a draft ordinance for review and discussion with the Board. The proposed draft would include the following updates: the addition of a decibel-based noise limit that varies by zone and measured from the boundary of any receiving property (except public right-of-way); elimination of the expanded hours for outdoor amplified sound on Friday and Saturday nights; a change in the approval authority for nighttime construction noise from the Town Engineer to the Board of Trustees; and the addition of a provision for escalating fines for successive violations. While the idea of a broader variance/exemption process was discussed conceptually with the Board in previous meetings, staff does not recommend adding a general variance process at this time due to pending legal uncertainties and the complexity of administering a general variance permit process. Decibel-based enforcement would require an investment in both decibel meters and training. Staff estimates that a new type-2 decibel meter costs between $2,000 and $3,000. The main resource impact associated with a decibel-based standard would consist of training enforcement personnel on how to measure sound and testify to it, as well as the time spent enforcing. Based on information from the City and County of Denver, staff would expect at least a week of training on enforcement alone. Craig Williams/River Rock HOA President commented on the neighboring business which added a wedding venue creating a noise issue during evening hours throughout the summer months. The HOA would request a definable limit such as decibels that could be enforced by the Police Department. John Guffey/Town resident stated the draft ordinance does not address the noise from vehicles, motorcycles and loud mufflers. He stated concern with the noise ordinance not being enforced. Town Board comments and questions have been summarized: stated the difficulty in enforcing vehicle noise and why the reasonable noise standard would be included in an ordinance; the majority of the Board commented on the need to measure the decibels from the receiving property based on the sending property decibel level standards; requested the ordinance include an exception for trash collection to begin at 6 am in the CD Commercial Downtown zoning district; concerned with changing environmental conditions that may increase the distance and direction sound travels; commercial properties should not be penalized for the level of decibels allowed by the ordinance; Board consensus was to allow the higher decibel levels on Friday and Saturdays to 11 pm rather than 10 pm; stated the proposed lower decibel limits would impact commercial activities; questioned if proposed changes would apply to events already scheduled; Mayor Pro Tem Cenac stated her support for maintaining the reasonable noise standard; Trustee Hazelton and Younglund commented on the need for higher decibels; and the Board has heard concerns previously on the issue of enforcement as it relates to decibel levels. Staff would bring forward the proposed noise ordinance for the Board’s consideration at the November 26, 2024 Board meeting. Whereupon Mayor Hall adjourned the meeting at 9:20 p.m. Gary Hall, Mayor Jackie Williamson, Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado November 12, 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 12th day of November, 2024. Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Attending: Mayor Hall, Trustees Brown, Hazelton, Igel, Lancaster, and Younglund Also Attending: Town Administrator Machalek, Town Attorney Kramer, and Recording Secretary Richards Absent: None Mayor Hall called the meeting to order at 4:45 p.m. ANNEXATION OVERVIEW. Director Careccia provided an overview of the Town annexation process stating that Colorado Revised State Statutes (CRS) provide annexation authority to the town and that state annexation procedures are followed to incorporate areas into town limits and service areas. He noted that requests to annex property are initiated by the property owner by petition, required 1/6th of the property boundary be adjacent with the town boundary, and would ultimately require Board approval of incorporation. Board direction was requested on the level of interest in annexing unincorporated areas; what areas should and should not be considered; should unincorporated enclaves and peninsulas be pursued; should municipal services continue to be offered without a strict requirement to annex and should a designated Growth Boundary be identified where future annexations are encouraged. Advantages of developing a town annexation policy included support toward the 2024 Estes Forward Comprehensive Plan and greater consistency with the disadvantage of the amount of staff time needed to prepare. Board discussion has been summarized: request for information on how other municipalities are integrating with their county’s annexation processes; whether this process could be combined with the upcoming Building Code revisions; questioned the value in developing a policy; what may be the financial gain or loss in annexing residential versus commercial property; support for development of a policy to provide consistency for all parties involved and control of future development to town standards; request for staff to identify enclaves, peninsulas, areas eligible for annexation; and additional information on flagpole annexation. Director Careccia stated that working with Larimer County on an annexation policy could begin in early 2025 and that staff would prefer to develop the policy concurrently with the Building Code revision process without delaying either timeline. UTILITY RATES FOR SERVICE AREAS OUTSIDE OF TOWN. Director Bergsten requested Board direction on whether to pursue approval of differential electric utility rates for service areas outside of town limits and compared the necessary procedures to adjust water and electricity rates based on service area. He explained that a court case had established that different water utility rates could be charged inside and outside of town limits without justification, however different electric utility rates would require detailed justification and be subject to review and approval by the Public Utilities Commission (PUC). The process of developing differential rates would include the cost, administratively heavy nature of researching comparable rates, and justifying the proposed rates. Board consensus was to not pursue differential electric rates due to the cost and associated coordination with the PUC. DR A F T Town Board Study Session – November 12, 2024 – Page 2 HOSTED SHORT-TERM RENTALS. Mayor Hall polled the Board on whether to hear public comment as part of the discussion; Board consensus was to not hear public comment. Town Clerk Williamson provided a summary of where the conversation left off at the August 27, 2024 study session. Board direction was requested on remaining items including what does it mean to be hosted; the definition of “resident” in relation to hosted short term rentals; which of three options to pursue and how to address bed and breakfasts (B&B) licensed prior to Ordinance 11-24. She presented three options for consideration: Option 1: Separate Hosted Vacation Home Category which would allow occupation of a portion of the home by the “resident” while another portion is rented nightly to one party; Option 2: Remove Prohibition on Residency through the removal of current language in the Estes Park Municipal Code that does not allow the “owners” to occupy their home while it is being rented; or Option 3: No Change, maintaining the current definition and requiring owners to not occupy a vacation home while it is being rented. Option 1 would all long-term housing for the “resident”, and therefore, potentially reduce the neighborhood impacts. The workforce housing regulatory linkage fee would not apply with this option. Conversely this option may incentive homeowners to identify as hosted based on the current residential cap and a reduction in fees. Staff indicated this option would be difficult to enforce and verify the “resident” was present during rental of a portion the home. Option 2 would be supported due to its simplicity, use of the current cap, no new category or fee changes, the property could by hosted or unhosted throughout the year, and no additional enforcement needed. Staff noted the hosted use may encourage non-permitted uses such as duplexes in single-family zoning districts. Option 3 would directly impact current B&B owners which must come into compliance with Ordinance 11-24 by January 2, 2026 or cease operation. If the Board were to permit hosted short-term rental use and currently license B&Bs are convert, regulatory items for consideration included the requirement of a life safety inspection, compliance inspection, and the new licenses would not be transferrable in the future. A significant consideration would be the need to exceed the residential cap to allow current B&Bs to change license types, thereby limiting movement on the current vacation home waitlist. Board discussion ensued and has been summarized: Support for Option 1 included the utilization of two housing spaces, presence of an onsite resident and reducing community impact while providing an income source for the homeowners; support for Option 2 included its simplicity and equally addressing the issue; support for Option 3 would allow time for previous revisions to the B&B regulations to settle; what challenges exist from the enforcement perspective; support for maintaining current cap for simplicity and maintenance of community voice; support for continuing application of the workforce housing regulatory linkage fee because the homeowner could alternatively choose to rent long term; importance of hearing from staff on enforcement challenges; consideration for grandfathering B&Bs in operation above the current cap limit; how would eligibility for a B&B to convert to a hosted short-term rental be determined; importance of not implementing an option without evidence of its enforceability or budget to support increased efforts; and acknowledgement of the option to long term rent for B&Bs not wishing to come into compliance. Attorney Kramer offered cap adjustment options including permanently inflating the cap or inflating only by the number of existing B&B licenses wishing to become hosted. Town Clerk Williamson clarified that long term rentals of 30+ consecutive nights are not regulated by the Town. She asked if community meetings were desired by the Board prior to a decision being made. After further conversation, it was determined to bring back an additional conversation at a study session to address Board comments. FUTURE STUDY SESSION AGENDA ITEMS. Mayor Hall requested an additional item at a future meeting to consider $38,000 in additional funding to EVICS. Town Administrator Machalek proposed hosted short-term DR A F T Town Board Study Session – November 12, 2024 – Page 3 rentals, Stanley Park Master Plan and Performing Arts Center, financing for a new Police Department facility, and House Bill 1175 as future study session topics. Hearing no opposition, all topics would come forward. COMMENTS & QUESTIONS. None. There being no further business, Mayor Hall adjourned the meeting at 6:40 p.m. Rachel Richards, Recording Secretary DR A F T Town of Estes Park, Larimer County, Colorado, October 15, 2024 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting was held in said Town of Estes Park on October 15, 2024. Commission: Chair Charles Cooper, Vice Chair David Arterburn, Dick Mulhern, Chris Pawson, Jeff Robbins Attending: Commissioners Cooper, Arterburn, Pawson, Mulhern, Robbins, Senior Planner Hornbeck, Recording Secretary Karin Swanlund, Community Development Director Steve Careccia Absent: None Chair Cooper called the meeting to order at 1:30 p.m. INTRODUCTIONS AGENDA APPROVAL It was moved and seconded (Arterburn/Robbins) to approve the agenda. The motion passed 5-0. CONSENT AGENDA APPROVAL It was moved and seconded (Robbins/Mulhern) to approve the consent agenda. The motion passed 5-0. PUBLIC COMMENT: none ACTION ITEM 1. Large Vacation Home 1850 Fall River Road #5 Senior Planner Hornbeck Planner Hornbeck reviewed the staff report. The owners recently purchased the property and are seeking approval to operate it as a Large Vacation Home. The property has three bedrooms currently. Per Code (Secs 5.1.B.2.a and 5.1.B.2.b), occupancy of a Vacation Home is limited to two persons per bedroom plus two additional persons, all within the overall limitation of 8 people for a standard Vacation Home or more than 8 people for a Large Vacation Home. The applicants propose to remodel the home, within its existing footprint, to add a fourth bedroom. This would be accomplished by dividing a large existing bedroom into two smaller bedrooms. In this case, the four bedrooms would allow a maximum of 10 occupants. Staff recommended approval of the request. Owners of the other four units on the property submitted letters of approval. DISCUSSION: The items discussed were the distance of the lot line to the river, guests vs. overnight guests, parking on the street vs. property, and why a Life Safety Inspection was not needed. The background of large vacation homes was also discussed. Pawson expressed concerns that approving this request could result in a “free-for-all” of new applications. Arterburn noted that Codes are written for situations like this, and public hearings give the applicant a way forward. Applicants Gary and Sally Meyers were present for questions. They thanked the Commission for their consideration and explained the buying process for the property. It was moved and seconded (Arterburn/Robbins) to approve the Large Vacation Home application as presented, subject to the following: Planning Commission – October 15, 2024 – Page 2 1. Occupancy is limited to 10 vacation home occupants per stay. 2. The Planning Commission finds that this Large Vacation Home’s location on a lot of less than one acre and building setback of less than 25 feet are offset by adequate screening and/or buffering measures currently in place. 3. Applicant shall obtain a building permit prior to construction of the fourth bedroom. A certificate of occupancy or completion shall be obtained before using the fourth bedroom or operation as Large Vacation Home. 4. Applicant shall update the Town business license and associated fees prior to operation as a Large Vacation Home, including a new in-home posting with updated occupancy and maximum number of parked cars allowed. 5. Applicant shall set up a site visit with the Sewer District and be subject to System Development Fee prior to operation as Large Vacation Home. The motion passed 4-1, with Pawson voting against. DISCUSSION: Director Careccia discussed the request to change the day and time of the Planning Commission meetings. The bylaws state that the meetings shall be on third Tuesdays at 1:30 p.m. To make this change, an action item would be brought to the Planning Commission to be adopted, then to the Town Board for a final decision. Finding new members due to time constraints has not been an issue; however, the former Chair resigned due to work conflicts. The Chair or Community Development Director could change the day on an ad hoc basis. It was noted that this should be the exception, not the rule. Arterburn favored keeping the day and time as is, and Robbins and Mulhern agreed. Therefore, it was decided not to pursue a change. Director Careccia reviewed the Development Code update. Five staff members held three consultant interviews. Evaluations are in progress, and a decision is expected by the end of the week. The Commission requested information on the Wildlife Corridor Map Survey be presented at the next meeting. There being no further business, Chair Cooper adjourned the meeting at 2:20 p.m. _________________________________ Chair Chuck Cooper Karin Swanlund, Recording Secretary INTERNAL SERVICES Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Paul J. Fetherston, Internal Services Director Kevin McEachern, Fleet Specialist Date: November 26, 2024 RE: Resolution 83-24 Contracts for Debris Removal and Hauling Services with Multiple Vendors (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To provide the Town of Estes Park (Town) with a list of on-call vendors to assist in debris removal and hauling services to deal with a storm, disaster, or other event(s) that affect the Town. Vendors will be under contract for a period of up to five (5) years to provide reasonable, cost-effective and lawful disposal of debris from affected Town roads, facilities, public rights-of-way (ROW), waterways, bridges, and any public or private property as directed by the Town. Present Situation: In 2019, the Town piggybacked off a similar Larimer County (County) Request for Proposals (RFP) and contracted with vendors to provide similar debris removal and hauling services for a period that ends on November 30, 2024. In an effort to address the expiring contracts, the County issued an RFP for debris removal and hauling services in March 2024 for purposes of contracting with one or more vendors for debris removal and hauling services to deal with a storm, disaster, or other event(s) that affects the County and municipalities within the County as a part of its emergency management service responsibilities to municipalities within the County. The RFP included language enabling the Town to enter into an agreement with the awarded vendor(s) utilizing the Town’s purchasing and contracting process. Through its RFP process, the County selected two firms to comprise a pool of vendors to provide debris removal & hauling services to deal with storm, disasters and other event(s). Contracts have been negotiated with the two vendors awarded through the County RFP process. Proposal: To consider authorizing the Mayor to sign the two respective contracts to ensure the continuity of the availability of debris removal and hauling services to deal with a storm, disaster, or other event(s) affecting the Town effective December 1, 2024. Advantages: •Rapid Response: Services should be available in a timely manner following an event, minimizing the time needed to mobilize resources that may be scarce in the moment. •Expertise and Equipment: Vendors have access to specialized equipment that may not be available in a timely manner to the Town otherwise. •Scalability: The Town can scale up or down the level of service based on the severity of the event, ensuring flexibility in response. •Administrative Ease: Pre-negotiated contracts (a) simplify the procurement process during emergencies, allowing for quicker deployment of services. Disadvantages: •None identified. Action Recommended: Staff recommends Town Board approval of the debris removal and hauling services with Ceres Environmental Services, Inc. and DRC Emergency Services, respectively. Finance/Resource Impact: The emergency nature of the services provided through these contracts are typically not budgeted or planned. As a result, budget adjustments or identifying funds available locally or through state or federal sources available during significant storms or events may be required. Level of Public Interest There is public interest in the Town being prepared to provide appropriate debris removal and hauling services from Town roads, facilities, public rights-of-way (ROW), waterways, bridges and public property. Sample Motion: I move to approve/ deny adoption of Resolution 83-24. Attachments: 1.Resolution 83-24 2.Debris Removal & Hauling Services Contract with Ceres Environmental Services Inc. 3.Debris Removal & Hauling Services Contract with DRC Emergency Services RESOLUTION 83-24 APPROVING CONTRACTS FOR DEBRIS REMOVAL & HAULING SERVICES IN THE EVENT OF A STORM OR DISASTER WHEREAS, Larimer County (County) issued a Request for Proposals (RFP) for debris removal & hauling services in March 2024 for purposes of contracting with one or more vendors for debris removal and hauling services to deal with a storm, disaster, or other event(s) that affects the County and municipalities within it as a part of its emergency management service responsibilities to municipalities within the County; and WHEREAS, the County RFP included language enabling the Town of Estes Park (Town) to enter into a cooperative agreement with the awarded vendor(s) utilizing the Town’s purchasing and contracting process; and WHEREAS, the RFP requires the contractor(s) to provide reasonable, cost-effective, efficient removal and lawful disposal of debris from affected County and Town roads, facilities, public rights-of-way (ROW), waterways, bridges, and any public or private property as directed by the County or Town, respectively; and WHEREAS, through its RFP process, the County selected two firms to comprise a pool of vendors to provide debris removal & hauling services to deal with storm, disasters and other event(s) affecting the County; and WHEREAS, the emergency nature of the services provided through this RFP are typically not budgeted or planned, resulting in the potential that the individual and aggregate costs for these services may exceed staff spending authority under the current policy; and WHEREAS, contracts have been negotiated with the two awarded vendors based on the County RFP process; and WHEREAS, the Town Board of Trustees wishes to enter into contracts with these firms to facilitate debris removal & hauling services as needed. 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 debris removal & hauling services contracts with Ceres Environmental Services, Inc.; and DRC Emergency Services; in substantially the form now before the Board. If, in any fiscal year, the amount to be spent under either contract will exceed the staff spending authority under the Town policies, Town Board approval shall be required for exceeding expenditures under that contract. The approval will authorize further expenditures, not to exceed an amount specified by the Town Board for that contract year. DATED this 26th day of November, 2024. TOWN OF ESTES PARK Gary Hall, Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 PROFESSIONAL SERVICES CONTRACT Debris Removal & Hauling Services with Ceres The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Ceres Environmental Services, Inc. (Contractor), a Florida foreign corporation, whose address is 4080 Plaza Goldorado Circle, Ste. 100, Camerson Park, CA 95682, make this Contract this __________ day of ____________________, 2024, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and 1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Page(s) 2 March 11, 2024 4 1 March 11, 2024 6 2.5 The following Special Conditions of the Contract, if any: Document Title Page(s) 2.6 Notice of Award; 2.7 Request for Proposals, containing 13 pages, dated February 21, 2024; ATTACHMENT 2 Town of Estes Park Professional Services Contract --Page 2 of 12 2.8 Consultant's Proposal, containing 100 pages, dated March 26, 2024; and 2.9 Insurance Certificates. 3 SCOPE OF SERVICES: Consultant shall provide professional services related to debris management when requested by the Town. The Town shall provide the Consultant with a Request for Services, and the Consultant may accept or deny the Request for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated cost for the services based on the Consultant’s rate sheet listed in the Consultant’s Proposal. Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, according to the Performance Schedule incorporated into this Contract or as otherwise directed by Town. 5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed basis documented by email or other written correspondence between the Town and Consultant for each individual assignment under this contract, and the not-to-exceed billing rates provided by Consultant, as described in the Consultant’s Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. Town of Estes Park Professional Services Contract --Page 3 of 12 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and free from any material errors, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows, or reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. Town of Estes Park Professional Services Contract --Page 4 of 12 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 The Consultant will keep record copies of all work product items delivered to the Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or Town of Estes Park Professional Services Contract --Page 5 of 12 information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other intellectual property developed, used or modified in performing Services under this Contract are not exclusive, but joint rights, freely exercisable by either the Town or the Consultant. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Paul Fetherston 170 MacGregor Ave. P.O. Box 1200 Estes Park, CO 80517 pfetherston@estes.org 970-577-3598 CONSULTANT: Tia Laurie 4080 Plaza Goldorado Circle, Ste. 100 Camerson Park, CA 95682 tia.laurie@ceresenv.com 800-281-4424 14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or Town of Estes Park Professional Services Contract --Page 6 of 12 liability arising from or based on the violations of any such law, ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. 15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability/Errors and Omissions for at least $1,000,000. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary Town of Estes Park Professional Services Contract --Page 7 of 12 insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Paul Fetherston With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. Town of Estes Park Professional Services Contract --Page 8 of 12 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; Town of Estes Park Professional Services Contract --Page 9 of 12 subject the terms of this Agreement, Town and Consultant may each contract with other parties. 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on December 1, 2024, and shall continue through November 30, 2025 with the option of four (4) additional renewals, on an annual basis, upon agreement of both parties. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. Town of Estes Park Professional Services Contract --Page 10 of 12 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town. Signature pages follow. Town of Estes Park Professional Services Contract --Page 11 of 12 CONSULTANT By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2024, by ______________________________, as _____________________________ of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Town of Estes Park Professional Services Contract --Page 12 of 12 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2024. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney PROFESSIONAL SERVICES CONTRACT Debris Removal & Hauling Services with DRC The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and DRC Emergency Services, LLC (Consultant or Contractor), an Alabama foreign limited liability company, whose address is 111 Veterans Boulevard, Ste. 401, Metairie, LA 70005, make this Contract this __________ day of ____________________, 2024, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and 1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms and conditions stated in this Contract. 2 CONTRACT: This Agreement is a Contract, representing the entire and integrated agreement between the parties and supersedes any prior negotiations, written or oral representations and agreements. The Agreement incorporates the following Contract Documents. In resolving inconsistencies between two or more of the Contract Documents, they shall take precedence in the order enumerated, with the first listed Contract Document having highest precedence. The Contract Documents, except for amendments executed after execution of this Contract, are: 2.1 Change Orders; 2.2 Notice to Proceed; 2.3 This Contract; 2.4 The following Addenda, if any: Number Date Page(s) 2 March 11, 2024 4 1 March 11, 2024 6 2.5 The following Special Conditions of the Contract, if any: Document Title Page(s) 2.6 Notice of Award; 2.7 Request for Proposals, containing 13 pages, dated February 21, 2024; ATTACHMENT 3 Town of Estes Park Professional Services Contract --Page 2 of 12 2.8 Consultant's Proposal, containing 72 pages, dated March 26, 2024; and 2.9 Insurance Certificates. 3 SCOPE OF SERVICES: Consultant shall provide professional services related to debris management when requested by the Town. The Town shall provide the Consultant with a Request for Services, and the Consultant may accept or deny the Request for Services. If the Consultant accepts, the Consultant shall provide the Town an estimated cost for the services based on the Consultant’s rate sheet listed in the Consultant’s Proposal. Consultant shall provide and furnish at its own cost and expense all materials, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to provide its Services in strict accordance with the conditions and prices stated in the Contract Documents. 4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin services under this Contract upon receiving Town’s notice to proceed. Consultant shall timely perform its Services, according to the Performance Schedule incorporated into this Contract or as otherwise directed by Town. 5 PRICE: The Town will pay Consultant for the performance of this Contract, on an as-needed basis documented by email or other written correspondence between the Town and Consultant for each individual assignment under this contract, and the not-to-exceed billing rates provided by Consultant, as described in the Consultant’s Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other financial obligation. Each request for service shall incur a concurrent debt for that request only. All financial obligations of the Town under this Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. 6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the Town periodically, but no more frequently than once a month. Each bill shall contain a statement of the time the primary employees spent on the Services since the previous bill, a brief description of the Services provided by each such employee, and an itemization of direct expenses. The Town will pay each such bill which it finds to be in accordance with this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds any part of a bill does not conform to this Contract, or claims the right to withhold payment of any part of a bill, it will promptly notify Consultant of the question, nonconformity or reasons for withholding. 7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any of its obligations under this Contract. Notwithstanding any other terms of this Contract, Town may withhold any payment (whether a progress payment or final payment) to Consultant under the following conditions: 7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants furnished or performed by others to perform Services. Town of Estes Park Professional Services Contract --Page 3 of 12 7.2 Consultant is in default of any of its obligations under this Contract or any of the Contract Documents. 7.3 Any part of such payment is attributable to Services not conforming to this Contract. (Town will pay for any part attributable to conforming Services). 7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid will not be sufficient to complete the Services according to this Contract. 8 CONSULTANT'S DUTIES: 8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to perform the Services. Consultant accepts the relationship of trust and confidence established between it and the Town by this Contract. Consultant will use its best efforts, skill, judgment, and abilities. Consultant will further the interests of Town according to Town’s requirements and procedures, according to high professional standards. 8.2 Consultant has and will undertake no obligations, commitments, or impediments of any kind that will limit or prevent its performance of the Services, loyally, according to the Town's best interests. In case of any conflict between interests of Town and any other entity, Consultant shall fully and immediately disclose the issue to Town and, without Town's express approval, shall take no action contrary to Town's interests. 8.3 Consultant’s Services under this Contract shall be of at least the standard and quality prevailing among recognized professionals of expert knowledge and skill engaged in the Consultant's same profession under the same or similar circumstances. 8.4 Consultant's work, including drawings and other tangible work products provided to Town, will be accurate and free from any material errors, and will conform to the requirements of this Contract. Town approval of defective drawings or other work shall not diminish or release Consultant's duties, since Town ultimately relies upon Consultant's skill and knowledge. 8.5 The Contract Documents determine whether the Consultant's Scope of Services includes detailed independent verification of data prepared or supplied by Town. Consultant will, nevertheless, call to Town's attention anything in any drawings, plans, sketches, instructions, information, requirements, procedures, or other data supplied to Consultant (by the Town or any other party) that Consultant knows, or reasonably should know, is unsuitable, improper, or inaccurate for Consultant's purposes. 8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town requires. Town will give reasonable notice of any such meetings, so Consultant may attend. 8.7 As applicable state and federal laws may require, Consultant will assign only persons duly licensed and registered to do work under this Contract. Town of Estes Park Professional Services Contract --Page 4 of 12 8.8 Consultant shall furnish efficient business administration and superintendence and perform the Services in the most efficient and economical manner consistent with the best interests of Town. 8.9 Consultant shall keep its books and records for Services and any reimbursable expenses according to recognized accounting principles and practices, consistently applied. Consultant shall make them available for the Town's inspection at all reasonable times. Consultant shall keep such books and records for at least three (3) years after completion of the Services. 9 TOWN'S DUTIES: 9.1 Town will provide full information to the Consultant on the Town's requirements in a timely manner. 9.2 Town will assist the Consultant by providing such pertinent information available to Town, including maps, studies, reports, tests, surveys and other data, as Consultant specifically requests. 9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other documents presented by the Consultant to Town for decisions. Town will obtain the advice of other consultants, as the Town thinks appropriate. Town will give decisions to the Consultant in writing within a reasonable time. 9.4 Town will appoint a person to act as Town's representative on this Agreement. This person will have authority to issue instruction, receive information, interpret and define the Town's policies and decisions on the Consultant’s Services. 9.5 Town will give prompt written notice to the Consultant when the Town notices any development that affects the scope or timing of the Services. 10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion of this Agreement and lacks control of the future use of Consultant's work. Except for deficiencies in Consultant’s performance under this Agreement, future use and interpretation of Consultant’s work is at the risk of Town or other users. 10.1 The Consultant will keep record copies of all work product items delivered to the Town. 11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings, specifications, computations, sketches, test data, survey results, renderings, models, and other materials peculiar to the Services of Consultant or Consultant’s subconsultants under this Contract are property of Town, for its exclusive use and re-use at any time without further compensation and without any restrictions. Consultant shall treat all such material and information as confidential, and Consultant shall neither use any such material or information or copies on other work nor disclose such material or information to any other party without Town's prior written approval. Upon completion of Services, or at such other Town of Estes Park Professional Services Contract --Page 5 of 12 time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set of all such materials. For copyright ownership under the Federal Copyright Act, Consultant conveys to Town and waives all rights, title and interest to all such materials in written, electronic or other form, prepared under this Contract. Town shall have worldwide reprint and reproduction rights in all forms and in all media, free of any claims by the Consultant or its subconsultants and subcontractors. The Town's rights, granted above, in drawing details, designs and specifications that are Consultant's standard documents for similar projects, and in Consultant’s databases, computer software and other intellectual property developed, used or modified in performing Services under this Contract are not exclusive, but joint rights, freely exercisable by either the Town or the Consultant. All design documents, including drawings, specifications, and computer software prepared by Consultant according to this Contract comprise Consultant's design for a specific Project. Neither party intends or represents them as suitable for reuse, by Town or others, as designs for extension of that same Project or for any other project. Any such reuse without prior written verification or adaptation by Consultant for the specific purpose intended will be at user's sole risk and without liability or legal exposure to Consultant. Except as required for performance under this Contract, Consultant's verification or adaptation of design documents will entitle Consultant to additional compensation at such rates as the Consultant may agree. 12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. 13 SERVICE OF NOTICES: The parties may give each other required notices in person or by first class mail or by email to their authorized representatives (or their successors) at the addresses listed below: TOWN OF ESTES PARK: Paul Fetherston 170 MacGregor Ave. P.O. Box 1200 Estes Park, CO 80517 pfetherston@estes.org 970-577-3598 CONSULTANT: Kristy Fuentes 111 Veterans Boulevard, Ste. 401 Metairie, LA 70005 kfuentes@drcusa.com 888-721-4372 14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance with applicable federal, state, and municipal laws, rules, statutes, charter provisions, ordinances, and regulations (including sections of the Occupational Safety and Health Administration [OSHA] regulations, latest revised edition, providing for job safety and health protection for workers) and all orders and decrees of bodies or tribunals applicable to work under this Contract. Consultant shall protect and indemnify Town against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, Town of Estes Park Professional Services Contract --Page 6 of 12 or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to ensure that Consultant follows the safety regulations issued by OSHA. 15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all charges, files, and taxes and give all notices necessary and incidental to the lawful prosecution of its Services. Anyone conducting business in the Town of Estes Park is required a business license which can be obtained from the Town Clerk’s Office. 16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and save harmless the Town from all claims for infringement, by reason of fee use of any patented design, device, material, process, or trademark or copyright and shall indemnify the Town for any costs, expenses, and damages, including court costs and attorney fees, incurred by reason of actual or alleged infringement during the prosecution or after completion of Services. 17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through the term of this Contract the minimum insurance coverages listed below, with forms and insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims- made policy, Consultant shall include the necessary retroactive dates and extended reporting periods to maintain continuous coverage. 17.1 Professional Liability/Errors and Omissions for at least $1,000,000. 17.2 Workers' Compensation according to the Workers' Compensation Act of the State of Colorado and Employer's Liability with limits of at least $500,000. 17.3 General liability, including contractual liability, of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorney's fees and defense cost. Coverage shall include bodily injury, property damage, personal injury, and contractual liability. 17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and property damage coverage of at least $1,000,000 per each occurrence plus an additional amount adequate to pay related attorneys' fees and defense costs, for each of Consultant's owned, hired or non-owned vehicles assigned to or used in performance of this Contract. 17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any plans, drawings, field notes, or other similar data related to the services covered by this Contract in case of their loss or destruction. 17.6 The required general liability and comprehensive automobile liability policies shall contain endorsements to include Town and its officers and employees as additional insureds. The required professional liability and workers’ compensation policies or coverages shall not contain endorsements including the Town, its officers or employees as additional insureds. Every policy required above shall be primary Town of Estes Park Professional Services Contract --Page 7 of 12 insurance. Any insurance or self-insurance benefits carried by Town, its officers, or its employees, shall be in excess and not contributory to that provided by Consultant. 17.7 Consultant shall, upon request, provide Town a certified copy of each required policy. 17.8 As evidence of the insurance coverages required by this Contract, before beginning work under this Contract, Consultant shall furnish certificates of insurance certifying that at least the minimum coverages required here are in effect and specifying the liability coverages (except for professional liability) are written on an occurrence form to: Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Attention: Paul Fetherston With the exception of professional liability and workers’ compensation, policy or policies providing insurance as required will defend and include the Town, its Board, officers, agents and employees as additional insureds on a primary basis for work performed under or incidental to this Contract. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. The policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. General liability and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. These policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of acts or omissions of the Consultant, its officers, employees, agents, sub-consultants, or business invitees. They shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall provide appropriate declarations and evidence of coverage. 17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages. Consultant shall notify Town's designated person responsible for risk management of any reduction or exhaustion of aggregate limits, which Town may deem to be a breach of this Contract. 17.11 The Town relies on, and does not waive or intend to waive, by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to the parties, their officers, or their employees. Town of Estes Park Professional Services Contract --Page 8 of 12 17.12 If any insurance required here is to be issued or renewed on a claims-made form as opposed to the occurrence form, the retroactive date for coverage will be no later than the commencement date of the project and will state that in the event of cancellation or nonrenewal, the discovery period for insurance claims (tail coverage) will be at least 72 months. 17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or replaced by another policy without prior approval by Town. 18 INDEMNIFICATION: 18.1 Consultant and its agents, principals, officers, partners, employees, and subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold harmless the Town, its officers, employees, and agents ("Indemnitees") from all claims, damages, losses, liens, causes of actions, suits, judgments, and expenses (including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any third party arising out of, caused by, or resulting from any Services under this Contract if such Liabilities are: (1) attributable to bodily injury, personal injury, sickness, disease, or death of any person, or to the injury or destruction of any tangible property (including resulting loss of use or consequential damages) and (2) caused, in whole or in part, by any error, omission or negligent act of the Consultant, anyone directly or indirectly employed by it, or anyone for whose acts Consultant may be liable. 18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered by this Agreement, each such Indemnitor shall be jointly and severally liable to the Indemnitees for indemnification and the Indemnitors may settle ultimate responsibility among themselves for the loss and expense of any such indemnification by separate proceedings and without jeopardy to any Indemnitee. This Agreement shall not eliminate or reduce any other right to indemnification or other remedy the Town, or any of the Indemnitees may have by law. 18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for any time the Town Attorney's Office and other counsel to the Town reasonably spend on such claims or actions at the rates generally prevailing among private practitioners in the Town of Estes Park for similar services. This obligation to indemnify the Town shall survive the termination or expiration of this Agreement. 19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this Agreement as an independent contractor, and not as an agent or employee of Town. No employee or official of Town shall supervise Consultant. Consultant shall exercise no supervision over any employee or official of Town. Consultant shall not represent that it is an employee or agent of the Town in any capacity. Consultant’s officers, employees and agents are not entitled to Workers' Compensation benefits from the Town, and Consultant is obligated to pay federal and state income tax on money earned under this Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense, supply all buildings, equipment and materials, machinery, tools, superintendence, personnel, insurance and other accessories and Services necessary. This Agreement is not exclusive; Town of Estes Park Professional Services Contract --Page 9 of 12 subject the terms of this Agreement, Town and Consultant may each contract with other parties. 20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this Agreement shall construe its terms as to their fair meaning, and not for or against any party based upon any attribution to either party. 21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of this Contract. 22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under this Contract. Any person besides Town or Consultant receiving services or benefits under this Agreement is an incidental beneficiary only. 23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or may expose Town to liability or loss, Town may bar any person (including Consultant's and subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall not require any employee's discharge from employment, but shall merely prohibit the employee's presence at Town’s work sites. Such a bar shall not warrant an increase in contract time or Price. 24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other or later breach or default. 25 TERM: This Contract shall commence on December 1, 2024, and shall continue through November 30, 2025 with the option of four (4) additional renewals, on an annual basis, upon agreement of both parties. 26 TERMINATION: 26.1 In addition to any other available remedies, either party may terminate this Contract if the other party fails to cure a specified default within seven (7) days of receiving written notice of the default. The notice shall specify each such material breach, in reasonable detail. 26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its own convenience. The Town may effect such termination by giving Consultant written Notice of Termination specifying the extent and effective date of termination. In case of termination, for convenience, Town shall pay Consultant for work satisfactorily completed, to the date of termination. The Town shall determine the portion of work completed. 26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all drawings, computer programs, computer input and output, analysis, plans, photographic images, tests, maps, surveys and writer’s materials of any kind generated in the performance of its Services under this Contract up to and including the date of termination. Town of Estes Park Professional Services Contract --Page 10 of 12 27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by giving the Consultant written notice one (1) day in advance of the suspension date. Upon receipt of such notices the Consultant shall cease their work as efficiently as possible, to keep total charges to a minimum. The Town must specifically authorize any work performed during suspension. Since suspension and subsequent reactivation may inconvenience the Consultant, Town will endeavor to provide advance notice and minimize its use. After a suspension has been in effect for thirty days, the Consultant may terminate this Contract at will. 28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights or delegate its duties under this Contract without the express written approval of the other. 29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the Contractor's Proposal, Consultant may employ subconsultants to perform the Services only with Town's express prior written approval. Consultant is solely responsible for any compensation, insurance, and all clerical detail involved in employment of subconsultants. 30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern enforcement and interpretation of this Contract. Venue and jurisdiction for any court action filed regarding this agreement shall be only in Larimer County, Colorado. 31 AUTHORITY: This instrument forms a contract only when executed in writing by duly authorized representatives of Town and Consultant. By their signatures on this document, the signatories represent that they have actual authority to enter this Contract for the respective parties. 32 INTEGRATION: There are no other agreements on the same subject than expressly stated or incorporated in this Contract. 33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable remedy the Town may be entitled to for a breach of this Contract, if the Town terminates this Contract, in whole or in part, due to Contractor’s breach of any provision of this Contract, Contractor shall be liable for actual and consequential damages to the Town. Signature pages follow. Town of Estes Park Professional Services Contract --Page 11 of 12 CONSULTANT By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2024, by ______________________________, as _____________________________ of ______________________________, Consultant. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official Seal. My Commission expires . Notary Public Town of Estes Park Professional Services Contract --Page 12 of 12 TOWN OF ESTES PARK: By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2024. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney ESTES PARK MUSEUM Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Derek Fortini, Estes Park Museum Director Date: November 26, 2024 RE: Resolution 84-24 Amendment to Donation Agreement with the Estes Park Museum Friends & Foundation, Inc. (EPMFF) for Staffing (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT x RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: To revise the Estes Park Museum Friends & Foundation, Inc. (EPMFF) payment timeline in the Donation Agreement for Staffing. Present Situation: The EPMFF and Town have a current agreement for payments covering 75% of salaries for two 12-month contract positions. The first payment in July 2024 has been received by the Town. In reviewing the end of year 2024 budget and 2025 budget with ERP Project Manager (Interim-Finance Director) Hudson, he has recommended revising the payment days for ease of tracking for both organizations. Proposal: The original agreement calls for three payments up to $86,000 from the EPMFF. The exact cost will need to be calculated at the end of the contracts that will end in May 2025. The proposal is to revise the second payment, due November 1, 2024 (already passed) to January 31, 2025. The change to this date will give the Town allotted time to figure out the exact billing for the salaries and close out the 2024 calendar year. The third payment, due March 1, 2025, is proposed to change to June 30, 2025. This change will give the Town allotted time to calculate the remaining balance of the position salaries having ended in May 2025 so that the final payment will cover any remaining balance. Once the agreement is revised, Estes Park Museum Director will initiate a discussion with Finance to provide the appropriate invoices to the EPMFF to be paid according to the agreed upon dates. Advantages: •Financial tracking from the Town will be more exact and align to their current budget schedule •Financial tracking from the EPMFF will be more exact and align to their current budget schedule •The third and final payment will occur after the completion of the contract creating an opportunity to calculate an exact remaining balance satisfying the agreement obligation •Technically, the second payment has been missed (considering the recommendation and time it takes to revise this agreement) - revising it will put both organizations back on track to execute the agreement on better agreed terms Disadvantages: •None Action Recommended: Motion to approve the Amended Donation Agreement for Staffing. Level of Public Interest Very low. Sample Motion: I move to approve/deny the Amended Donation Agreement for Staffing between the Town and the Estes Park Museum Friends & Foundation, Inc. Attachments: 1. Resolution 84-24 2.Existing Agreement dated April 12, 2024 3.Amended Agreement RESOLUTION 84-24 A RESOLUTION APPROVING AN AMENDMENT TO THE DONATION AGREEMENT BETWEEN THE TOWN OF ESTES PARK, ACTING THROUGH ITS MUSEUM DIVISION, AND THE ESTES PARK MUSEUM FRIENDS & FOUNDATION, INC. WHEREAS, the Town Board wishes to amend the donation agreement dated April 12, 2024 and referenced in the title of this resolution for the purpose of changing the second payment date from November 1, 2024 to January 31, 2025, and the final payment date from March 1, 2025 to June 30, 2025. 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 amendment to the donation agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this 26th day of November, 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 ATTACHMENT 2 AMENDMENT TO DONATION AGREEMENT This AMENDMENT TO DONATION AGREEMENT (“Amendment”) is made and entered into the 26th day of November, 2024, by and between: The Town of Estes Park (“Town”), a municipal corporation, acting through its Estes Park Museum Division (“Museum”), which includes the Estes Park Museum (and outbuildings), Estes Park Museum Annex, Historic Fall River Hydro plant, and the Birch Cabin and Ruins at the Knoll-Willows Centennial Open Space AND The Estes Park Museum Friends & Foundation, Inc. (“Friends”), a Colorado non-profit corporation. RECITALS A.The Town and the Friends entered into a Donation Agreement dated April 12, 2024 (“Agreement”), for the Friends to donate up to $86,000 to the Museum to help fund two limited-term positions, a Museum Collections Assistant and a Museum Visitor Coordinator. B.The parties desire to amend the Agreement to modify the due dates for payments from the Friends to the Town. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Section 1 of the Agreement is hereby amended to read as follows: The Friends shall pay the Town $86,000, in three equal payments respectively by July 1, 2024; January 31, 2025; and June 30, 2025. 2. All other provisions of the Agreement shall remain in full force and effect. Sections 5 through 11 of the Agreement shall apply equally to this Amendment as though fully set forth herein. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year written above. (signatures on following page) ATTACHMENT 3 ESTES PARK MUSEUM FRIENDS & FOUNDATION, INC. By_________________________ President TOWN OF ESTES PARK By___________________________ Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney RESOLUTION 85-24 SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR ANTLERS TAVERN LLC DBA ANTLERS TAVERN BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New HOTEL & RESTAURANT Liquor License, filed by ANTLERS TAVERN LLC DBA ANTLERS TAVERN, 145 E. Elkhorn Avenue, Units 300-304, Estes Park, Colorado, is November 4, 2024. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, December 10, 2024, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.25 miles, as measured from the center of the applicant's property. DATED this 26th day of November, 2024 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney       COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Paul Hornbeck, Senior Planner Date: November 26, 2024 RE: Resolution 86-24 Regarding 242 Virginia Final Subdivision Plat, CD Investments, LLC, Owner/Applicant (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider a proposed Final Subdivision Plat, review the application for compliance with the Estes Park Development Code (EPDC), and approve, deny, or continue the application. Present Situation: The property at 242 Virginia Drive, approximately ¼ mile south of West Wonderview Drive, consists of three parcels totaling 0.75 acres in size and is zoned RM (Multifamily Residential). There was previously a home on the property that was demolished circa 2016. The site slopes down gently from north to south dropping approximately eight feet from the high point down to Virginia Drive. The property is outside all mapped hazard areas (flood, fire, and geologic). The surrounding land use, zoning, and Future Land Use designation are depicted in Table 1 below. Planning Commission reviewed the preliminary plat on July 16, 2024 and forwarded a recommendation of approval to Town Board, with conditions. Town Board approved the preliminary plat via Resolution 72-24 on August 27, 2024, with conditions. The final plat is consistent with the preliminary plat application and satisfies all conditions. Table 1: Zoning and Land Use Summary Future Land Use Designation Zoning Uses Subject Parcel Mixed Residential Neighborhood RM (Multifamily Residential) Single Family Residential North Mixed Residential Neighborhood RM (Multifamily Residential) Single Family Residential South Mixed Residential Neighborhood RM (Multifamily Residential) Single Family Residential East Mixed Residential Neighborhood RM (Multifamily Residential) Single Family Residential West Mixed Residential Neighborhood RM (Multifamily Residential) Various Residential (Single-Family, Duplex, and Triplex) Vicinity Map Zoning Map Proposal: The proposed subdivision would create six residential townhome lots. Per EPDC § 3.8, a Development Plan (Attachment 5) is required for the actual townhome buildings and is subject to staff review, while the subdivision is subject to Town Board review. At this writing, staff has completed three rounds of review of the Development Plan, with minor corrections remaining prior to approval. Advantages: The final plat was referred out for agency comments and there are no outstanding issues with the final plat. This proposal is consistent with the standards of the EPDC, specifically: Section 3.9 “Subdivisions” and Chapter 10 “Subdivision Standards”: 1.Comprehensive Plan. The subject property is designated Mixed Residential Neighborhood in the Estes Forward Comprehensive Plan's Future Land Use Map. This category "accommodates high density mixed residential development that facilitates the coexistence of townhomes, condos and multi-family complexes." The proposed subdivision is consistent with the surrounding area and with the recommendations of the Estes Forward Comprehensive Plan. 2.Lots. The proposed subdivision includes six lots which range in size from approximately 1,500 to 2,100 square feet. EPDC § 10.5.7.c states: Minimum Lot Size. Townhome projects shall comply with the minimum lot size for the underlying zoning district; however, each individual townhome unit may be constructed on a smaller lot, subject to approval of the Decision-Making Body. RM W Wonderview Dr CD RM CO The parcel’s RM zoning has a minimum lot size of 5,400 square feet and the project has an overall area of 32,582 square feet, meaning the minimum lot size requirement is met (6 x 5,400 = 32,400). 3.Open Space Area. EPDC § 4.3.D.1 requires residential subdivisions containing five or more lots to set aside a percentage of the gross land area for open areas. The proposed subdivision has 23% set aside for open/landscaped area, which exceeds the minimum requirements of 15%. 4.Streets, Access, and Right-of-Way. All six lots will be served by a private internal drive accessed from Virginia Drive. An additional emergency access will be provided through a connection to Willowstone Drive to the north via an existing access easement, with bollards prohibiting through traffic. The applicant will be responsible for installing curb, gutter, and sidewalk along the property’s frontage on Virginia Drive. In order to comply with EPDC Section 4.3.D.3, which requires pedestrian linkages, the applicant has agreed to construct an off-site sidewalk on the south side of Virginia Drive. The sidewalk will be constructed opposite the proposed development and extend approximately 150 feet east where the existing sidewalk terminates. 5.Grading. Compliance with EPDC Section 7.2 – Grading and Site Disturbance Standards – was confirmed through review of the final grading plans/construction plans. Retaining walls are proposed along much of the eastern property line and around Lot 1 and 2. Retaining walls will have a maximum height of three and one-half (3 ½) feet and consist of rock or boulders. 6.Geologic and Wildfire Hazard Areas. There are no Geologic or Wildfire Hazard areas within this subdivision area. 7.Fire Protection. The Estes Valley Fire Protection District has reviewed this proposal and has no unresolved comments. Specific requirements apply to building permit applications. 8.Utilities. The Town of Estes Park will provide water and electric service to the six proposed lots. Sanitary sewer will be provided by Estes Park Sanitation District. These utility providers have indicated there are no outstanding issues. 9.Stormwater Drainage. A final drainage study was submitted and reviewed by Public Works with no objection to the study. A detention pond is proposed on the southwest portion of the site. The majority of stormwater will be discharged into Virginia Drive, which drains to a storm sewer inlet approximately 400 feet to the south. A small amount of stormwater will sheet flow to adjacent properties at a rate not to exceed historic drainage patterns. 10. Landscaping. Proposed landscaping complies with EPDC Section 7.3. There are no existing significant trees on the site that warrant protection. Disadvantages: None identified. Action Recommended: Staff recommends Town Board approve the Final Subdivision Plat according to the following findings of fact: 1.The Final Plat is generally consistent with the goals and policies set forth in the Estes Forward Comprehensive Plan. 2.The Final Plat complies with applicable standards set forth in the Estes Park Development Code. 3.Adequate public facilities are either currently available to serve the proposed project or will be installed by the applicant. 4.The Final Plat has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were raised by any review agency. Finance/Resource Impact: Little or none. Level of Public Interest: There appears to be a moderate level of interest in this project. In accordance with the notice requirements in the EPDC, notice of this hearing was published in the Estes Park Trail-Gazette, on November 8, 2024. Notification was mailed to all required adjacent property owners on November 8, 2024. A neighborhood meeting was held November 14, 2023 in accordance with the requirements of EPDC. The applicant’s summary of the meeting is enclosed (Attachment 7). Points of discussion included building heights, that the units would likely be sold rather than rented, positive feedback on building architecture, and that the development would not be fenced around the perimeter. No public comments on the Final Plat have been received at this writing. Public comment on the Preliminary Plat, including at the Planning Commission and Town Board public hearings, included comments about the density, building height, stormwater drainage, and impacts to wildlife. As outlined above, proposed density and stormwater drainage comply with EPDC requirements. The proposed density of six units on three quarters (¾) of an acre equates to eight units per acre, consistent with the maximum allowed density in the RM zone district and consistent with the adjacent development to the north. A drainage report has been prepared by the applicant’s engineer, certifying the drainage design complies with applicable standards and that drainage patterns will be generally consistent with existing runoff. Public Works has reviewed the drainage report with no adverse findings. Building height and wildlife issues are typically considered in the review of a Development Plan and not the Subdivision. As mentioned, the Development Plan is under review by staff, and both issues are being addressed to ensure compliance with EPDC. Proposed building heights are 28.5 feet for buildings A & B and 30 feet for building C, measured in accordance with EPDC § 1.9.E. The RM zone district permits a maximum building height of 30 feet. The property is within a mapped “important wildlife habitat area” which means there are limitations on fencing to accommodate wildlife movement. EPDC § 7.8.G.1 limits fences in such areas to either a maximum height of 42” or, if greater than 42”, gaps of at least six feet are required. Staff is working with the applicant to ensure these requirements are met on the Development Plan. Any additional public comments submitted will be posted to: www.estes.org/currentapplications. Sample Motion: 1.I move that the Town Board of Trustees approve Resolution 86-24. 2.I move that the Town Board of Trustees deny the application finding that … [state reasons for denying]. 3.I move to continue the application to the next regularly scheduled meeting, finding that … [state reasons for continuing]. Attachments: 1. Resolution No. 86-24 2.Application 3.Statement of Intent 4. Final Subdivision Plat 5.Draft Construction Plans 6.Draft Development Plan 7.Neighborhood Meeting Summary RESOLUTION 86-24 A RESOLUTION APPROVING THE 242 VIRGINIA SUBDIVISION FINAL PLAT WHEREAS, an application for the 242 Virginia Subdivision Final Plat was filed by CD Investments, LLC. (Owner/Applicant, 242 Virginia Drive); and WHEREAS, the 242 Virginia Subdivision Preliminary Plat proposes subdivision of a 0.748 acre property to create six (6) lots in RM (Multi-family Residential) Zoning District; and WHEREAS, a public hearing was held before the Estes Park Panning Commission on July 16, 2024, at the conclusion of which the Planning Commission voted to recommend approval of the Preliminary Subdivision Plat to the Estes Park Board of Trustees, with conditions; and WHEREAS, a public hearing was held before the Estes Park Board of Trustees on August 27, 2024, at the conclusion of which the Board of Trustees voted to approve the Preliminary Subdivision Plat, with the following conditions of approval: 1.All staff and outside agency comments shall be addressed on the final subdivision plat to the satisfaction of the Community Development Director, including: a.A homeowner’s association shall own and maintain Outlot A; b.A private access and emergency access easement covering the private drive shall be dedicated on the Final Plat; and c.All comments from the Public Works review dated July 5, 2024. 2.Fully engineered plans for the off-site sidewalk with curb and gutter shall be reviewed and approved by the Town prior to issuance of the first building permit. The sidewalk shall be completed prior to the issuance of the first certificate of occupancy. WHEREAS, the applicant has complied with the Conditions of Approval above; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on November 26, 2024 and at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board of Trustees has reviewed and taken administrative notice of the testimony, application, evidence, and documents submitted at the hearing; and WHEREAS, the Board of Trustees finds the applicant has complied with the applicable requirements of the Estes Park Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The 242 Virginia Subdivision Final Plat is hereby approved, with the following findings: Findings 1.The Final Plat is generally consistent with the goals and policies set forth in the Estes Forward Comprehensive Plan. 2.The Final Plat complies with applicable standards set forth in the Estes Park Development Code. 3.Adequate public facilities are either currently available to serve the proposed project or will be installed by the applicant. 4.The Final Plat has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were raised by any review agency. ATTACHMENT 1 DATED this 26th day of November, 2024. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 2 1 CD Investments, LLC 7302 Rozena Drive Longmont, Colorado 80503 (303) 884-1021 October 9, 2024 Mr. Paul Hornbeck Community Development & Planning Department Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Statement of Intent - Resubmittal of Development Plan and Final Plat – for 242 Virginia Drive Dear Paul: This letter represents a Statement of Intent and accompanies a resubmittal for an accompanying Final Plat and a Development Plan proposing six townhome dwelling units on the above captioned site. A general description of the development along with compliance to the Estes Park Development Code (EPDC) is included below. Please refer to the Development Plan and Final Plat submitted herewith for specific details regarding the proposed project. Property Information: Existing Conditions 32,582 total square feet residential site (.748 acres), presently comprised of 3 separate parcels all zoned RM. The site has relatively gentle grades all less than 6% maximum slope throughout. Project Description The proposed development is located at 242 Virginia Drive. The property was formerly the site of a single-family home with several detached garage/storage buildings all of which have been demolished. The project will consist of three paired home, residential buildings equating to six townhomes. The specific property details are show below: Unit Description Finished Square Footage Attached Garage Lot # Lot Size 101 2 bedrooms/2.5 baths 1,276 sf 2 cars 1 1,473 sf 102 2 bedrooms/2.5 baths 1,332 sf 2 cars 2 1,779 sf 103 3 bedrooms/3.5 baths 1,869 sf 2 cars 3 1,920 sf 104 3 bedrooms/3.5 baths 1,875 sf 2 cars 4 2,102 sf 105 3 bedrooms/3.5 baths 1,869 sf 2 cars 5 2,087 sf 106 3 bedrooms/3.5 baths 1,875 sf 2 cars 6 1,877 sf Total Units 6 10,096 sf 12 cars 11,238 sf A detached, covered and fully enclosed (bear proof) dumpster facility is also presented in the Development Plan. Six additional, undesignated, surface parking spaces shall be provided onsite one of which is a designated handicap space. In total, there will be 18 parking spaces for the 6 townhomes contemplated to be built. ATTACHMENT 3 2 A Homeowner’s Association will be created to manage the common areas of the property. The access is contemplated to be from Virginia Drive. A 20’ wide private drive is contemplated to extend through the site with an emergency egress (closed to the general public) extending into the existing Willowstone subdivision to the immediate north. The Willowstone HOA has provided this emergency access extension onto their property and it has been recorded with Larimer County. A recorded copy of the easement has been previously submitted. Compliance with General Development and Development Standards Zoning District Standards: The proposed development of 6 townhomes is a permitted, use by right in this RM zoning district. The RM zoning district code provides for density of 8 homes per acre. The subject property is 32,582 square feet in size which is .748 acres. The proposed 6 townhomes conforms to the RM density standard. Setbacks are 25’ from the front street (Virginia Drive) and 10’ from all of the sides and rear in accordance with the RM zoning standards. The building height proposed will comply with the EPDC maximum allowable height of 30’. The proposed lot coverage does not exceed the standards set in the EPDC. The proposed development complies with the applicable RM zoning district standards for access, parking and adequate public facilities. Grading/Slope Protection Standards: The development has been designed to relate to the gently sloping grades of the site. The maximum grades across the site do not exceed 6% with much of the existing grades with less slope. Several retaining walls are presented in the development plan to accommodate the undesignated/guest parking area and the internal drive. None of the walls are planned to exceed 3’6” in height. The grades proposed for the internal drive are generally 2-3% in slope. All grading and slope protection standards are met in the accompanying Development Plan. Tree/Vegetation Protection: The subject property is largely devoid of landscape vegetation other than natural grass. There is only a single evergreen tree and just a few bushes scattered on the site. The tree is proposed to be removed along with some of the bushes. The proposed landscape plan exceeds the requirements for plantings as set forth in the EPDC for bushes and trees and Open Space. Public Trails/Open Space: A new public sidewalk is planned for the 60’ +/- of lot frontage adjacent to the site on Virginia Drive. The developer is also committing to install approximately 90’ of new sidewalk on the opposite side of Virginia Drive across from the site in a good faith effort to improve the interconnect ability of the site and the neighborhood to the downtown. Landscaping and Buffers: The proposed landscape plan is provided with the Development Plan. Please refer to the landscape plan for specific details. 3 Wetlands and Stream Corridor Protections: No wetlands exist on the subject property and it is not located withing any special flood hazard area. Geologic Special Flood and Wildfire Hazard Areas: This section of the EPDC is not applicable to the proposed development. Wildlife Habitat Protection Areas: This section of the EPDC is not applicable to the proposed development. Exterior Lighting: Light fixtures will be provided at all doorways. Fixtures will be fully compliant with dark sky requirements. All exterior lighting will comply with EPDC requirements. Operational Performance Standards: An enclosed, bear-proof dumpster is planned to be located on the site. Off-Street Parking and Loading: The required parking for the proposed 6 townhomes is stipulated in the EPDC to be 2 spaces per home. Therefore, the property needs 12 spaces which is provided in the “tuck under” garages attached to each townhome. Additionally, an ADA space is contemplated along with 5 undesignated, guest parking spaces. In total, 18 parking spaces will be provided per the development plan which exceeds the EPDC requirements. Adequate Public Facilities: The subject property is serviced by the following utilities: Electric – Town of Estes Park Water – Town of Estes Park Water service proposed will provide domestic and fire protection with fully sprinklered residential building service. A new 2” shared (fire and domestic) water service line will be provided through the site with individual lateral lines to each home. An existing fire hydrant located in the adjacent Willowstone subdivision and one in Virginia Drive have been determined by the Estes Park Fire Department to be sufficiently close to serve the site. Sewer – Estes Park Sanitation District Natural Gas – Xcel Energy Communications/Broadband – TDS/Century Link or Trailblazer Broadband Storm Drainage Concerns about drainage have been addressed and met by the developer. On onsite detention pond 4 coupled with a curb and gutter system extending through the site from north to south will capture and contain the bulk of the run-off that currently occurs. Building C at the north end of the site has been specifically designed to direct practically all the gutters and downspouts toward the south and into the curb and gutter system that moves the drainage to the detention pond at the far south end of the site. Additionally, approximately 30’ of curb and gutter will be added by the developer to the north side of Virginia Drive and immediately east of the subject property to improve storm water discharge and sheet water normally diverted to that side of Virginia Drive. Access Applicant proposes access to/from Virginia Drive with the internal drive lane planned to be 20’ in width. A continuous fire lane is provided per the sketch site plan. Note that the connecting easement with the Willowstone HOA has been formally completed and recorded. Outdoor Storage Areas: Air conditioning equipment servicing the homes will be located on grade outside each home. No other outdoor storage is proposed. Final Plat: We are requesting that this plan be reviewed as a townhome plan where individual lots will be established for each residence. The existing three parcels will be consolidated forming an Outlot A and 6 new townhome lots. The Final Plat has been submitted designating each of the six townhome lots and the easements on the site. Lots Sizes/Coverage: The table is provided detailing each lot size and the overall coverage which conforms to the open space requirements in the EPDC. Homeowners Association: 242 Virginia Homeowners Association shall be created to manage the common area elements of the proposed 6 attached townhomes. A draft Declaration of Covenants, Conditions and Restrictions proposed to govern the association has been submitted. Summary: The proposed project complies with all of the codes and development standards set forth by the Town of Estes Park in Sections 3, 7 and 10. The six townhomes anticipated in the plan are generally targeted toward the “missing middle” component of housing in the community by providing a wider range of new housing stock at a similar scale with the single-family housing that exists in the core downtown area but with higher density translating into an efficient use of the RM zoned land. Best Regards, Charles Bailey Manager 242 VIRGINIA SUBDIVISION SITUATE IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M. CERTIFICATE OF OWNERSHIP AND DBDICATION Knaw all me:n by lhme p-ooenr,, that 1M undonigned, being owner(•) of: ~~ Ap<fflonoftho�eo1¼<:(tho�t¼ofSo<ti 01124,Tmm,hip5tionh,Rmgo73Woot oftho6thPrinc;p.!Moridion,C<MUy ofl.vimor, s«ite ofCokndo, mcnpartiC\lluly douril>ed u follow•: Beginnine;atapom:l70.00foe1Eut oilheSoulh¼ccrnoroi1aidSecti01124,MidpoittabobeingthommtScuhoutorlyconutoflhe Con<l<uinium Mop<lW<nierview Villqo C<llllkninium>, Unit 2 po:rthopi.ttbcnof...,.,.dodFcbrumy 27. 200:l II Reception No. 2008001\542; ThmceNanb.70.00fHtalO<JSMidmaotSowuriyEuterlylinoofMidWandon-iewVilllgoCandcminiumatoanqlepoim; ThmceEut65.00fHtalqthemmtN<rlhorlySolllwrlylineofaaidWcodeni.,.Villl&•Conclomiitiuma; Thon<:elavq\uidWoodorviewVilbi!;•Cm<bniniunu.&>,-i,7UOOfeet; ThmceWea16S.OOfo«tothePoimcLBtginni,ig, C<MUy<>fl.•imllf,:bto<lfCokndo. J>arcelTwo A t:'aetoflmd in lheSwdtwoot ¼ of the S<>ldu,ut '/4 of Section 2-4, Townohip S N<rii,Ralgc 73 Wost oflhel'i!hl'rincipal Moridian, County of Larimer, SW. oiColcndo, being more particularly deoaibedu followt Comm<ncing111tho�¼�ofSocti<Jn24, Townohip 5N<rii,Rar,go 73w.,.� wh,,ncetho.so.diout�of11idSM1ioo24 1-rsN90"00'00"B wirhallbearing.orelotivethereto: Tlw=S90"00'00''E adiotor=of239.9\ f�to aO<lffla"o{thoplatforEPCOCcndomiruumJrOC<JrdodN<:n'...,ber29, 200501 Recoptior,No. 2005-0l00770of!ho Larimore� Clotkmd8-:rder, Midpoint being lhoTruoPo:irll.ofBesimm,g; Th=:e�thoproportylinoof,aid EPCOC<>ndcminim11,N00"0:5'23"'1la disim-of69.76feet; ThmceS89"29'23'WadutmceofS.14feet; Tlw=SOO"OS'23'Wadiatanoo of69.76feet; Thmce1''90"00'00"E a diatm>o<L5.14 feetto!heTruoPoimofBegimina, Cwrny<Ll.arim"",St.:,,UCokndo. P"""'lTh:-eo; Commmcmga11poia.lSSfeetWeot<LlheNcl1l:,.-tccmorofLot l,BlocklO,Town<Ll!at•patY,C<'lnyofLarimct,State of Col<ndoll<><Xll'<li.�to thoSoc<iridAm=iodPlot!henof;thonceSwdi200feet.!hen<:<,ButlOOfeet;thonceNor1h200feet;1h-...weot \OOfeetto thoPlace<LBegitmina C....uy<LLerim"",Sta:,,UCol<ndo P..,,.lFwr. Alllhotportian ofLot2,Block\0,To,mof&taPmk,�ofLll'imer,State ofColondo,portioularlydnoribodufoUaw1 Bogirum,gotapoia.9Sf�otW .. ,md2oofee18<>,dh<L thoNortbweot�ofLot l,Block\O,town of&teoPmk,th......W .. t60 fHt,thencoSoutbobN.l\8fHttolheNc111:,.lidoofVirginiaDm•thm::eScuheuterly alqthoNcrth1ide ofMidDrivetoapoim whencetoPointofBogimwgbeanN<rii,.thonceN«th\30feetto thoP!.ce ofBogiwir,g.C<Mllyofl.wim,s,St.toUCol"'11do cont1inmg 32,S82,quarefeet or0.7◄8 acremoreorlaa1 m.ve hy lhMC pn,Hnll cawedlheumeto be1urveyed 1111d oubdividedto be known u 2◄2 VIROINIA S\JBDMSION mddoberehy dedi.,...c,d.,.,,,..-,toondbpJ,licuH tbo ... emnufacthoW>talllllim>Mm.autonon<:<o<Lutililiea ond facdnina«•f•ciliti .. u.,-e laid0U1and deaignatodonthi1plat.witnoa1 ourhandsmd oala thi a __ a.,o< _____ »_ Owner.CDimeotmenb,U.C BY: Cbu-lo• Bailoy All: Meager NOTARIAL CERTIFICATE STATE OF COLORADO) COUXl"Y OF LARIMER) Tbeforegoing imtrummtwu acknowlede;edbefore meby ____ _ -----"'- Willl•1myHondowlOffiei.lSeal Notary Public Myo<llllmio,ionoxpira: ___ . ,, _______ _ Wi1neumyhandmd1eal thit_doyof_�,o­ NOTAR1AL CERTIFICATE ST ATE OFCOLORADO) COIDITY OF LARIMER) Tbeforegoillg imtrummtwu acknowledf:odbefae meby ____ _ -----"' Willlos1myH andondOffiei.lSeal Notary Public My canmiooimexpira: ___ . ATTOR."IEY'S CERTIFICATION: _____ thlo._doyof _____ thlo,_dayof =-=tifyL'iolallp<n"'11 «<niti..hlvilgreoordinterost intholandtobeaubdi-t-idodh..-o1ignodthodedicotian ...... _______ _ Registratia,No.: ______ _ TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO TOWNENOINEllR'SCBRTIFICAIB �edbylheTown Brf;inoer of!heTown<LF.atellPm<,Colondothia _day<L ____ � T"""Brgino<." BO ARD OFTRUSTI!l!SCERTIFICATB �,md�bylhoBoard<'iTN>tooooflhoT"""of&taPmk,Col<ndoan thi a _doyof -----"-· \. OudotA will be awnedmdmaiminodbythoHuno ChmonANoeiatim{242 Virgini.Rosidmcea� 2.!\pp"<'o,'ol ofthloPlmcna1<111v<lltediropenyriglw.pum,arf.to!\rticle68ofTille2◄,C.R.S,u 1111mdocl ZONINONOTB Tho...ti,.�ioinZ"""R-M.Multi-F""'ily Bi\SISOFB&".RINOSANDLINEALUNITDEFINITION AJl<llllillc tho moot•<>W>lrly Wtot line of242 VirginiaSIM-,ilim,.m<11111Dmtod uthawnanthit dniwing, u bearingN«th 00"3◄'''"Baat,beiJ,s•Orid�ofthoCol<ndo&.t.Plano.N..tliZmo.Nor1hAmoric.nDotuml983/20\l,•di>t.nceof 119.28fHtlllldwitbtll otberbearins•cantainedbofeillmativ•tbonto, Tbelinwdimemianauconlainedhere:in,iubea<Mlupanlhe"U.S.Sln<>yF-•. NOTICE A�toCol<ndolaw youmU>t0"'1lffl...,,.,"")'l,walllotianbea<Ml"l""'llll)'doffflinlhio""1V-:YWi1hinthreey..,..tt.,-you fimdiaeovortudtdefec'I. In no event may ""Y aotim bea<Mlupan "")' defect in lhio oun<>ybe ccmmencedmore thmtenyan fromlhe datooftho«ruli<>Wanoll<>\fflli=<n{l�IO!iC.R .S.2012) TITLE COMMITMENT NOTE p..,alJinformlllimrog�-omOW.rigbt>of-wayand tilleof..,;ord,,Mojostic�U.C roliod upanTillo Commitmm.NumbcOOS00974-20l•T21-BS,datedNcntllllberl,2023,upnpal"fllbyFidotityNotianolTitloto dtlinooto!he ::--:.!u:r� Tbia,.....--,dooowtca,.,tituto•titl•._-<hbyMojo,tio5ur<oying,U.Ctodotomi.iDoownenhipa SURVEYOR'S CERTIFICATE 1. Sto>mPuh,adulylicca,edlllll<l,.....-"Y'l"in 1hesi.noofCol<ndo,do ha-oby«utify1hatthio242VIllGINIASUBDMSJON trulymdeorrOCliyropro10d&tbe rHW!lofa11n-,madebymeortndormydirootltlpffl'ilian DRAFT SIO'lenParb· OnBtholfofM ajutic So.neying, U.C Cokndo Licenoed Profeuianal Land Sln<>ya #383◄8 fOUNOff>RUIAR w/ 1.!'>" AC LS 29415 FOUND�REBAR S89'25'05.E 70.14' x�W/ 1S AC LS 29415 =-= i�� 0""8<­<EAFUC I - LINE TABLE LINE BEARING LENGTH LI 589U'46"E 28.20' L2 l5811W42"EI 1M6' u lsoe'$9·�·wl :s.OJ· CURVE TABLE CUR\IE LENGTH RADIUS DELTA 0-IORO CH BE.ARING 29,04" JI.OIJ" �-40•22• 27.99° N62"19'J.t"W LEGEND 0 CAI.CULA.TEDPOSITIOH CD!mostmOd&,LLC ��.=.�: L<q,m<n,COIIQ:'103 Sun-eyer. MajuticS..-.eying.U.C C/Qs,..,,..f'w.PLS lll\DiamODdVolloyDme,Suite\04 REVISED LOT LINE$ REDUNES =��80,SO 5•9-2' 9-30-24 1 ATTACHMENT 4 LEGEND OF SYMBOLS EllSlll!ll WA1ER INFORMATION ..,. ""' •-----e---SANITARY SEWER �ss---EL[CTRIC �E1Dl,&----c GAS ri,a""-1!.. __ ,,_ ��;:�:E ..,.,_,, ;.u '7 � STORM DRAIN -- _,____.__ CONTOURS (1') FLOW DIRECTION ___,......_, ASPHALT c==:J CONCRElE c====] SPILL CURB & GUTTER LEGAL DESCRIPTION Pa,�clon, !3 Ill A portion of the Soull1wcs1 'I. oflhc Soul�¼ ofs«1ion 24, To"mhip S N011h, Rangc 73 West oftllc 6�, Principal M<:ridia11, Co,uny ofLarimcr,StalcofColonldo,IllOl'Cparticularlydcscribcd1sfoUowi lkginningat1point l?0.OOfcetEurofthtSouth¼cornttofsaidSec1iool4.58id pointalsob<ingtbe mos1Sooth.,a'1crlyromttoftbe i=�'M� Map ofWoodC'fView Village CO!ldominimns, Unit 2 J)Cl"tbe plat tbttcof=<><<led February 27_ 2008 at Receptioo No llmocc Nonh 70.00 fo,1 a!o,13 uid ,rmt so .. thcrly Eall<:rly !i11c ofs.aid Wond<:Jvir:w Village Condominiums !O 1n angle point: Tb<n<e Ea>! 65.00 fm along the uio>I Northerly Soothaly line of said Woodcrvicw Village Coodominiums; Thence kaVW,. said Woodcrvicw Village Condominiums, Sou1h 70.00 fed; Thence WeS! 6S.00 f .. t to !ho Point oflk�g. County of Larimer, State ofColoodo A tract of land in 1bc SoU1hwr<1 \/, oftbr So111bcas1 ¼ ofStttion 24. Township S North. R,.ngr 73 Wcs1 oftbc 6th PriD<ipal Meridian Countyofl.ari111CT,State ofColorado,bcing morcparri.ularlydcscribcdasfoUows: COU11I1COCing at tho Sooth¼ com..-ofStttioo 24, Township S Nonh. Rani• 73 Wo<t, wbcoc:o !ho Solllbcast corner of said Stt1ioo 24 bcanN90'00'00"E withallbcaringsrc!alivc1herc10 TbonceS90"00'00"E1di<1a nceof239.9Jf .. 1101coruor oftbe pla1for EPCOCoodominimnsrecordedNovembcr 29,200Sat Rcccp1ionNo.200S--OI00770ofthcLarimcrCoun1yCkrtllldRcconlcr,saidpointbcing1beT1UCl'ointoflk�g: :g::-� �':.g29���f0';�d1��. Coodom.inimns. NOO"OS'B''E a distanco of69.76 foot: TbonceS00"05'23"W1dist10COof69.76foot· ThrncrN90"00'00-'E adist.au,crof5.l4f .. cto tbeTrurPoint of&gioning. Counryofl.arimrr.StoteofColorado Parccllbm: Cor1u11cocing a11 poilll 155 foot West oftll<: NonhwcSI comer of Lot 1, Block 10. Town of Estes pa,t. Coru,ty ofUri,ocr, Sta1c of Colorado accordioi to the Sttood Amcuded Plat 1bercor: tbmce South 200 foot. tbcuco Ea,1 100 foot: thcuco Nonh 200 fffi: 1bmco west 1oor .. 11othePl.acoofBeiinning CountyofLarimer,StatcofColorado ParcclFoor All thatportioo of Lot 2. Block io, TownofEstc< Park, County of Larimer, Stole of Colorado. particulllfly dcscri\>cdas follows· Roginning ar a poiot95 fffi Wcstand.200 f<dSoulhoftbcNonI1w«1cooirrofLot l, Block 10, (()WllofEstcsPatt. thcnccWest60 f«1. thrnce South 100\u 118 fed 1othe Nonh side of Virginia Driv,: thCD.o S001bcas1crly 1loog the North side of said Drive w I poim wheoce to Point ofBcginniilg bears Nonh, thcr,ce Nortb U0 fm 10 Ute Place ofBegiru,ing. Coomly ofurimer. Stale of Colorado eoota�32.582squarcfcct or0.748acrcmon:orloss SURVEY NOTES �������/20!1 COI...CRAOO STATE Pl..N'IE COOROtlATE SYSTEM SCAL.EFAC1'0R1.000-l01641(0.f�2) �AI.FUS SOLUllON(NA',0!13',ERTICALOAllJM) L���\sTEs 242 VIRGINIA FINAL PLAT/CIVIL CONSTRUCTION PLANS , ! ' WElkMrnf,..ve LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 24 T5N, R73W OF THE 6TH P.M., ESTES PARK, LARIMER COUNTY, COLORADO W WCJ,1D[RVl[W AVE ,!!l:. r HWY 34 < i _.._..,. I. �, VICINITY MAP SCALE: 1" = 300' PROJECT CONTACTS OWNER: ICDINIJES'IMEN TSUC QiAAL.£S BAILEY 7J02 ROZEN AORIVE LONGMON T.CO 50:;clJ J00.884.1021 SURVEYOR: jMA,E"STIC SUR'vO'ING. UC r;;.mrN PARKS, P.LS. �11!11 ClAMOND VAU.EYDR,f104 NDSOR, CO 80550 O.BJJ.5698 LANDSCAPE ARCHITECT: 'RALDESIGN SQUTICY<IS.INC. SONOI.DHAM 9COC.TORIVE �f�8050J ARCHITECT: l ��LAN E,AIA 2007 100 YEARPARTYCOJRT LONGMON T, CO 80504 JOJ.648.J740 CML ENGINEER: 1!2CON SULTAN TS,INC. TROY W. CAMPBELL. P.E. 16911 POTTS PLACE MEAD.CO 80542 970.217.9146 PRELIMINARY '® NOT FOR CONSTRUCTION 1 11/19/2024 Know whit's below. Sheet List Table Sheet Number Sheet Title 1 COVER SHEET 2 NOTES SHEET Call before you dig. 3 EXISTING CONDITIONS & DEMOLITION PLAN 4 HORIZONTAL CONTROL PLAN 5 UTILITY PLAN 6 GRADING PLAN 7 DRAINAGE PLAN 8 SEDIMENT & EROSION CONTROL PLAN 9 DETAIL SHEET 1 10 DETAIL SHEET 2 11 DETAIL SHEET 3 NOTES AU.REOOREO IIIPRO'oOIENTS SHM..l.BECOIIPI.ETED ORGUARAHTEEO PRtOR TOTHE ISSUANCECf"A CERWICA.TE or OCCUPANCY, THE oY,N£R SliAl..l. BE REOUREO TO PRO�DE FOR HAM)ICAP ACCESSIBILITY IN ACCalOANCE "111TH THE A.0.A AIClU,B,C. APPROVAi. Cf" THIS DEYcl.OPll€NT Pt.AN CREATES A 'o'ESTED RICI-ff PI.RSUANT TO ARTICLE 66 CF llTLE 24, C.R.S.,ASANENOEO. i2 Consultants. Inc. 16911 Potts Place Mead. Colorado 970.217.9148 <fl z :3 �8 0. z �� 0 •o �� u �8 ::, g� <fl �0 z >-w<> 0 w �� u w ow � I $� (/) �s u a: w>i i': w �� :3 �� 0. {.) ow � $� �� �� :$ �I z �lo a �� � g� � I I � � " €) -- c,,.,,.,nic -nic °"'' N�BER19,2024 �Ml.1101-1 0-ltp,Jit_CV SHEET C-1 1 � 11 ATTACHMENT 5 ATTACHMENT 6 CD Investments, LLC 7302 Rozena Drive Longmont, Colorado 80503 (303) 884-1021 December 5, 2023 Paul Hornbeck, Planner Town of Estes Park Planning Department 170 MacGregor Avenue Estes Park, CO 80517 RE: Neighborhood meeting summary, November 14, 2023 Dear Paul: On November 14, 2023 at 5:30 a Neighborhood Meeting was held at the Estes Park Town Library in the Hansen Room. Approximately 25 neighbors were in attendance. I represented the property owner, CD Investments LLC. I am the managing member of CD Investments LLC and left contact information to all those present. I presented a total of six schematic level drawings including a conceptual site plan a survey of the site from when I acquired the site in 2015 and four elevations of the two building types contemplated for development on the site. It was represented that all of the buildings shall conform to the 30’ height restrictions as well as the setbacks and that the project is contemplated to exceed the parking requirements stipulated in the Estes Park code and that the density is in conformance with RM zoning which is eight homes per acre. Questions were fielded about the proposed intention of the buildings; i.e. whether they are for sale or for rent? I explained that the intention was to plat them as condominiums and sell them. The overall intent is to provide new housing close to the downtown for the “missing middle” of the market. Some neighbors lamented the three story height proposed on the site but it was explained that buildings will all meet the 30’ height restriction in the code and that the adjacent Willowstone subdivision has three story homes in their community. There were multiple neighbors who expressed compliments on the quality and appearance of the proposed buildings. There was a question about fencing or gating the community and I represented that we would not be fencing the perimeter nor including any gates and that the proposed fire lane would not allow traffic to move through the site but would still allow pedestrian ingress/egress through the neighborhood which was seemingly fine. The meeting lasted about an hour and concluded with several requests for copies of the presentation materials which I have provided. Best Regards, Charles Bailey Managing Member ATTACHMENT 7 242 Virginia Drive Building A/B Building C November 26, 2024 Landscape Plan 1 2 APPLICANT PRESENTATION - PRESENTED AT 2024-11-26 TOWN BOARD MEETING Unit Mix Civil Engineer Plan 3 4 Building C South/West Elevations Building C North/East Elevations 5 6 Existing Topography Final Plat 7 8 Community Development Town Board November 25, 2024 242 Virginia Final Subdivision Plat (242 Virginia Drive) Charles Bailey (Owner/Applicant) Presented by Paul Hornbeck, Senior Planner Vicinity Map of Subject Area 1 2 PLANNING PRESENTATION - PRESENTED AT 2024-11-26 TOWN BOARD MEETING Zoning Map W Wonderview Dr CD RM RM CO USESZONINGFUTURELANDUSEDESIGNATION Single Family Residential RM (Multifamily Residential)Mixed Residential NeighborhoodSUBJECT PARCEL Single Family ResidentialRM (Multifamily Residential)Mixed Residential NeighborhoodNORTH Single Family ResidentialRM (Multifamily Residential)Mixed Residential NeighborhoodSOUTH Various Residential (Single-Family, Duplex, and Triplex) RM (Multifamily Residential)Mixed Residential NeighborhoodEAST Single Family ResidentialRM (Multifamily Residential)Mixed Residential NeighborhoodWEST Final Subdivision Plat 3 4 Final Subdivision Plat Existing Conditions 5 6 Development Plan Utility Plan 7 8 Grading Plan Drainage Plan 9 10 Annotated Drainage Plan Landscape Plan 11 12 Building Elevations Building Elevations 13 14 Advantages/ Disadvantages Advantages • The final plat was referred out for agency comments and there are no outstanding issues with the final plat. • This proposal is consistent with the standards of the EPDC, specifically: Section 3.9 “Subdivisions” and Chapter 10 “Subdivision Standards” Disadvantages • None Identified Review Criteria (1 of 4) Relationship to Comprehensive Plan • Designated “Mixed Residential Neighborhood” in the Estes Forward Comprehensive Plan Future Land Use Map: • High density mixed residential development • Townhomes, condos, multi-family complexes Lots • 1,500 to 2,100 s.f. • Minimum lot size requirement is met (6 x 5,400 = 32,400). 15 16 Review Criteria (2 of 4) Open Space • 23% provided exceeds minimum Streets, Access, and ROW • Private internal drive accessed from Virginia Dr • Emergency access from Willowstone Dr • Curb, gutter sidewalk required along Virginia • Offsite sidewalk along Virginia Dr to connect to existing sidewalk Review Criteria (3 of 4) Grading • Complies with EPDC • Rock/boulder retaining walls with maximum height of 3.5’ Geologic and Wildfire Hazards • Outside mapped Geologic and Wildfire Hazard areas Fire Protection • EVFPD reviewed this proposal and has no unresolved comments. Specific requirements apply to building permit applications. 17 18 Review Criteria (4 of 4) Utilities • EP Water and electric • EPSD sewer Stormwater • Drainage Study • Detention pond on s.w. portion of site drains to Virginia • Small amount of sheet flow to adjacent properties Landscaping • No existing significant trees • Proposed landscaping complies with EPDC Public Notice & Comments 1. Notice of the this meeting was published in the Estes Park Trail- Gazette, on November 8, 2024. 2. Notification was mailed to all required adjacent property owners on November 8, 2024. 3. Sign posted on property by applicant. 4. Neighborhood meeting – November 14, 2023 a. building heights b. units likely sold rather than rented c. positive feedback on building architecture d. development would not be fenced around the perimeter 5. Neighbor inquiries - density, building height, and drainage 19 20 Action Recommended Staff recommends Town Board approve the Final Subdivision Plat according to the following findings of fact: 1. The Final Plat is generally consistent with the goals and policies set forth in the Estes Forward Comprehensive Plan. 2. The Final Plat complies with applicable standards set forth in the Estes Park Development Code. 3. Adequate public facilities are either currently available to serve the proposed project or will be installed by the applicant. 4. The Final Plat has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were raised by any review agency. Sample Motions 1. I move that the Town Board of Trustees approve Resolution No. 86-24. 2. I move that the Town Board of Trustees deny the application finding that … [state reasons for denying]. 3. I move to continue the application to the next regularly scheduled meeting, finding that … [state reasons for continuing]. 21 22 PUBLIC COMMENT RECEIVED ON 11/26/2024  Board of Trustees Public Comment Name: Kristine L. Poppitz Stance on Item: Against Agenda Item Title: Resolution 86-24 Public Comment: Hello Mayor and Trustees, Thank you for reading this. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 242 Virginia Dr.pdf 122.38KB 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. This plea is made to you first by stating the beginning lines of trustee office responsibility. “To further its accountability to the residents and taxpayers of the Town of Estes Park, the Board of Trustees adheres to the following principles of governance. The Board derives its authority from, and is accountable to, the “owners” of the Town – the residents and taxpayers of the Town – seeing its task as a servant leader to and for them.” The second plea is one of perspective of viewing this project from the outside in. So far, almost all discussion has understandably been viewing this project from the inside out… addressing compliance with all building codes. The great majority of the neighborhood, and many Citizens, is simply not in favor. Why? The concerns are legitimate realities of the permanent adverse effects on the properties. With such majority disapproval shouldn’t this be a major factor in whether or not this project is good for the Community? Shouldn’t progress be made with a more equitable perspective for all concerned rather than only a few? Views of the major mountains would be permanently lost by many owners with these tallest buildings on the highest ground in the area. There will be greatly increased noise and light pollution from six family units in three three-story buildings where there used to be one person in a single floor house. Ask any Realtor of the significance of premium property value with great views. Many homeowners will face actual loss of property value. There is aesthetic value of not only mountain views but also the permanent loss of sunrises or sunsets over the mountain There would be actual increase in heating costs in winter months due to the lack of direct sunlight either in the early morning or late afternoon. There would be actual decreased lack of ice and snow melt off our existing roads and driveways due to lack of direct sunlight at least an hour in the morning or afternoon. Water concerns have been raised and only somewhat addressed. Any failure of these concerns would likely cause flooding to contiguous properties north and east. Then, as one person in town government deemed, the town is liable for damages. The issue of wildlife herds that cross this area frequently all year seems to be brushed off as not important. Why are fewer speaking up anymore? Many sense it is of no use since the real concerns seem to have been deemed mostly irrelevant. What is the harm in reconsidering all these facts? Envision how close proposed structures, as high as 30’ telephone poles are, will be to existing homes. PUBLIC COMMENT ON 86-24 POPPITZ ATTACHMENT The Board derives its authority from, and is accountable to, the “owners” of the Town – the Citizens, the Residents and the taxpayers of the Town – seeing its task as a servant leader to and for them.” We as residents and tax payers desperately reach out to as our only defense against our real permanent losses without any gains. Thank you. PUBLIC COMMENT ON RESOLUTION 86-24 RECEIVED BY 4:30 P.M. Dear Trustees, In reference to the project at 242 Virginia Drive, this plea is made to you first by stating the beginning lines of trustee office responsibility. "To further its accountability to the residents and taxpayers of the Town of Estes Park, the Board of Trustees adheres to the following principles of governance: Ownership: The Board derives its authority from, and is accountable to, the "owners" of the Town-the residents and taxpayers of the Town - seeing its task as a servant leader to and for them." The second plea is one of perspective of viewing this project from the outside in. So far, almost all discussion has understandably been viewing this project from the inside out... addressing compliance with all building codes. While that process seeks to cross the "t's" and dot the "i's" the perspective of the neighborhood owners seems to have been counted as not nearly as important or only collateral damage in pursuit of progress. You have already read the letter signed by all 17 owners of the Wonderview Village town home owners that express total disapproval of this project. You have heard similar disapproval from others adjacent property owners either in writing or in person. The great majority of the neighborhood is simply not in favor. Why? The concerns are real... not manufactured but legitimate realities of the permanent adverse effects th'\s project has on our properties. When such real financial losses in property value, increased heating costs combined with esthetic values lost by many more home owners against this project rather than in favor of it, should this be more of a major factor in whether or not this project is good for the community? Shouldn't progress be made with a more equitable perspective for all concerned rather than only a few? -What are these concerns? -Views of the major mountains would be permanently lost by many owners. Peace and privacy... noise and light pollution from the six family units in three three-story buildings very close to houses where there used to be one person in a single floor house and a garage with only a grass and dirt driveway. Ask any realtor of the significance of property value with great views and a decent amount of space between buildings that protects peace and privacy. Many homeowners will face actual loss of property value. That is a serious concern. -Esthetic value of not only the permanent loss of great mountain views by all surrounding existing houses, but also the permanent loss to all the same owners of sunrises or sunsets over the mountains and replaced with views of the tallest buildings on the highest ground in the area. -There would be actual increase in heating costs in winter months due to the lack of direct sunlight either in the early morning or late afternoon. There would be actual decreased lack of ice and snow melt off our existing roads and driveways due to lack of direct sunlight at least an hour in the morning or afternoon. There are other concerns. -With initial estimations by the developer that each of the six units will cost 750K, that cannot be considered work force or low income housing. So it doesn't meet the town's need for such construction... who will live here? -The water concerns have been raised and somewhat addressed. Yet, calculations about impervious coverage and open space along with proposed drainage remain questionable to the neighborhood as we see how the former home existed, how the present land slopes and is the highest ground in the area. Even with house gutters, road curbs, retention walls and storm drains... to move all that water from the road and building C to the south instead of north and east, it must go uphill a good four feet toward the proposed collection pond. We have not adequately heard how this will be accomplished as a full drainage would have to be dug at least that four feet deep for a very long length until it would begin to flow downward. Otherwise how does water flow uphill? It also begs other questions. First, during initial construction who ascertains the full completion of all the curbs, retention walls and storm drain with at least a four foot drop to move the water southward before house construction is begun? Second, who is responsible to make sure all these improvements are kept clear at all times from winter snows and ice buildup along with spring/summer/fall debris like dirt, dust, pine needles, pine cones, mud from erosion of the dirt filled retention walls and possible trash blowing thru? Any failure of either or both concerns would likely cause flooding to contiguous properties to the north and east. And then, who is liable for damages? -One person in the town government deems any failure of the drainage system would make the town liable for damage and loss to others. There is another person in the town government who has misgivings about the project's diversion of water, drastic increase of impervious coverage, and low amount of quality open space. The former planning commissioner and engineers also shared concerns that the narrow land is not naturally suitable for multifamily units, even if they meet codes, without adversely affecting the neighborhood. One other person, a close relative of one of the trustees advised havingindependentwater engineer experts independently hired to justify the real concerns by many of the neighboring homeowners. However, we don't have the funds to hire such advice. -The issue of wildlife, mainly deer and elk herds that cross this area frequently all year (sometimes groups over one hundred at a time in late spring and early autumn) seems to be brushed off as not important. There are already several contiguous fences with lowered openings for wildlife to pass that will be almost totally blocked by how building C and road would take up nearly all square feet of open space on the north end. While wildlife tends to adapt to change, are we not in some way responsible for continuing to limit their long term patterns through our open space community areas that pose new problems on streets going forward? Why are fewer of us speaking up anymore? Many have given up by sensing it is of no use since our real concerns seem to have been deemed mostly irrelevant in the big picture by past voting. With this perspective from the outside in, it is deeply hoped that each trustee at the very least come in person to that area three blocks from here and walk thru the surrounding homes to gain a real view that maps don't provide. Picture how close these proposed structures will be to existing houses and as high as the telephone poles in the area that were measured when this project was first proposed several years ago. What is the harm in not approving this project until all of you have another chance to reconsider all these facts by visiting the actual area in person? It would be a positive sign to people who live here that each of you is truly concerned about t Page 1 of 2 (The project as proposed could not even begin without the attained emergency access easement thru Wonderview Village. While that easement was signed, it contained no mention of the large scope of multi-family units mostly on the central and north portions of the project right next many houses in that village. Had it disclosed any such plans, it would not have been signed in the first place.) Page 2 of 2 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Paul Hornbeck, Senior Planner Date: November 26, 2024 RE: Ordinance 17-24 Amending Sections 3.4. 3.6, 9.1 and Appendix B of the Estes Park Development Code Pertaining to Planned Unit Developments and Variances PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider an ordinance amending the Estes Park Development Code pertaining to Planned Unit Developments and Variances. Present Situation: At the October 22, 2024 meeting of the Town Board of Trustees, the Board continued consideration of Ordinance 17-24 with direction to staff on desired changes to the ordinance. For further background on the proposal, please refer to action item #4 from that meeting packet. The following changes to the ordinance have been made since the previous proposal: •The previous iteration of the ordinance would have allowed modifications to the maximum building height allowed by the underlying zoning, up to a maximum height of 42 feet. That has been changed to only allow modifications for buildings providing attainable/workforce housing units and with a lowered a maximum height of 38 feet. Eligible projects may utilize the attainable/workforce height bonus in accordance with Development Code Section 4.3.D.6, a bonus currently only available for properties zoned RM (Multifamily Residential). The option for the Community Development Director or Decision Maker to require a shadow study, line of sight analysis, and similar studies remains. For reference, all zone districts in Town currently have a maximum height of 30 feet except for 42 feet in CD (Commercial Downtown). •Compatibility section was updated to include parking and noise. •A combined preliminary/final PUD process is only available to smaller projects (10 or fewer dwelling units or 5 acres or smaller in size). Language relating to processes for preliminary and final PUD plans is therefore reintroduced to the ordinance. Proposal: The enclosed ordinance can be summarized as making the following changes: •Eliminates preliminary/final PUD process for small projects (under 5 acres or 10 or fewer dwelling units) in-lieu of a single application; •Allows PUDs in any non-residential zone rather than only the CO zone; •Reduces minimum size to 2 acres rather than 3 acres or property of any size with 5 or more units; •Reduces minimum open space requirements for smaller properties using tiered system; •Allows modifications of building heights up to 38’ for workforce/attainable housing units; •Allows modification of parking requirements with supporting parking study; •Prohibits variances for density of accommodations uses in-lieu of PUD process; •Adds standards for compatibility; •Requires public benefits as condition of approval of PUDs; •Other minor modifications and clarifications; and •Updates application submittal standards to reflect the above changes. Advantages: •Provides an interim fix for the disconnect between the Comprehensive Plan’s vision for Mixed Use Centers and Corridors and the Development Code’s lack of zoning to implement that vision. •Will allow more properties to be eligible for PUD overlay, providing greater opportunity for innovative designs, which could help address workforce housing needs. •Gives Town Board authority to consider increased density for qualifying accommodation uses rather than relying on the Board of Adjustment. Disadvantages: •Making more properties eligible for PUD could increase the number of applications for PUDs (currently minimal), which typically require more staff time to review and to administer after approval. However, with strong review criteria that encourage only projects with community benefits, this could be limited. •PUDs, like any discretionary approval process, can potentially provide the appearance of unfair and arbitrary decision making. However, the ordinance includes standards for review to minimize this risk. Action Recommended: Planning Commission forwarded a recommendation of approval to the Town Board, consistent with staff’s recommendation. Finance/Resource Impact: None Level of Public Interest Two individuals provided public comment at the Planning Commission hearing. Comments included the need to pay attention to the natural environment and not only the human environment. Another comment opposed removing the two-step process (preliminary, final) used for PUD approval. The current proposal retains the two-step process for larger scale PUDs (greater than 10 units or 5 acres). Numerous public comments were received prior to and at the Town Board hearing on October 22, 2024. A number of comments opposed the height allowance of 42 feet. Other concerns raised included the overdevelopment of Estes Park, the need to protect views, and the need to define and enforce community benefits. One individual referenced a petition opposing rezoning, which is not proposed with this ordinance. Other comments were in support of the ordinance, citing the need to creatively address housing needs. Sample Motion: I move that the Town Board of Trustees approve Ordinance 17-24. I move that the Town Board of Trustees deny Ordinance 17-24. I move to continue Ordinance 17-24 to the next regularly scheduled meeting, finding that [state reasons for continuance]. Attachments: 1. Ordinance 17-24 ORDINANCE NO. 17-24 AMENDING CHAPTERS 3 AND 9 AND APPENDIX B OF THE ESTES PARK DEVELOPMENT CODE REGARDING PLANNED UNIT DEVELOPMENTS WHEREAS, on September 17, 2024, the Estes Park Planning Commission conducted a public hearing on a proposed text amendment to Estes Park Development Code chapters 3 and 9, and Appendix B, pertaining to planned unit developments (PUD) and variances; and WHEREAS, the Planning Commission recommended approval of the text amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Park Development Code section 3.3.D and has determined that it is in the best interest of the Town that the amendment to the Estes Park Development Code, as set forth on Exhibit A, be approved; and WHEREAS, said amendment to the Estes Park Development Code is set forth on Exhibit A, attached hereto and incorporated herein by this reference: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Sections 3.4 and 3.6, Chapter 9, and Appendix B of the Estes Park Development Code are hereby amended by the addition of underlined material and deletion of stricken material, as set forth on Exhibit A. Section 2: In Exhibit A of this ordinance, ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. 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 26th day of November, 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 26th day of November, 2024 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the 29th day of November, 2024, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 - Provided by staff 2024-11-25 reflecting minor title and body updates for clarity ORDINANCE NO. 17-24 AMENDING SECTIONS 3.4. 3.6, 9.1 AND APPENDIX B OF THE ESTES PARK DEVELOPMENT CODE REGARDING PLANNED UNIT DEVELOPMENTS WHEREAS, on September 17, 2024, the Estes Park Planning Commission conducted a public hearing on a proposed text amendment to Estes Park Development Code sections 3.4, 3.6, 9.1, and Appendix B, pertaining to planned unit developments (PUD) and variances; and WHEREAS, the Planning Commission recommended approval of the text amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Park Development Code section 3.3.D and has determined that it is in the best interest of the Town that the amendment to the Estes Park Development Code, as set forth on Exhibit A, be approved; and WHEREAS, said amendment to the Estes Park Development Code is set forth on Exhibit A, attached hereto and incorporated herein by this reference: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Sections 3.4, 3.6, 9.1, and Appendix B of the Estes Park Development Code are hereby amended by the addition of underlined material and deletion of stricken material, as set forth on Exhibit A. Section 2: In Exhibit A of this ordinance, ellipses indicate material not reproduced as the Board intends to leave that material in effect as it now reads. 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 26th day of November, 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 26th day of November, 2024 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the 29th day of November, 2024, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 §3.4 Planned Unit Developments A.Applicability. Planned Unit Developments may be approved in any zoning district in which this Code expressly permits such projects (See Chapter 9), subject to the standards set forth in this Code and the approval procedures set forth in this Section. B.Consolidation with Subdivision Approval. Where applicable, the Applicant shall may consolidate an application for Preliminary PUD Plan approval with an application for preliminary subdivision plan approval, and shall may consolidate an application for Final PUD Plan approval with an application for final subdivision plat approval. Such consolidated application shall be submitted in a form that satisfies both the planned unit development requirements of this Code and the provisions, including submittal requirements, governing subdivisions. C.Procedures for Approval of a PUD Plan. 1.General. The PUD is first approved in preliminary form and then approved in final form, except for eligible applications as described below which may be approved in a combined preliminary/final form. Approval of preliminary and final Planned Unit Development plans shall follow the same procedures as approval of preliminary and final subdivision plats. See §3.9 below for the subdivision approval process. 2.Procedure for Approval of Preliminary PUD Plan. Applications for preliminary PUD plan shall follow the standard development approval process set forth in section 3.2. 3.Procedure for Approval of Final PUD Plans. Applications for final PUD plan approval shall follow the standard development approval process set forth in section 3.2, except that Step 4 (EPPC Review and Action) shall not apply. 4.Procedure for Approval of Combined Preliminary/Final PUD Plans. Applications for projects smaller than five acres in size or which contain ten (10) or fewer dwelling units are eligible for a combined preliminary/final PUD plan. Applications for a combined preliminary/final PUD plan approval shall be considered a Final PUD Plan and shall follow the standard development approval process set forth in section 3.2, including Step 4. D.Standards for Review. All applications for Planned Unit Developments shall demonstrate compliance with the requirements and review standards set forth below and in Chapter 9, "Planned Unit Developments," and with all other applicable provisions of this Code. An application for approval of a a Preliminary PUD Plan, together with submitted plans and reports, shall be reviewed for conformance with the following standards: 1.Preliminary PUDs. An application for approval of a Preliminary PUD Plan, together with submitted plans and reports, shall be reviewed for conformance with the following standards: 1.1.The PUD shall be consistent with and implement the planning goals, policies and objectives as contained in this Code and in the Comprehensive Plan; 2.2.Adverse impacts on adjacent properties, including but not limited to traffic, noise and visual impacts, shall be mitigated to the maximum extent feasible; 3.3.The PUD shall be integrated with adjacent development through street connections, sidewalks, trails and similar features; 4.4. Except as provided in Chapter 9 below, all district, development and subdivision standards set forth in Chapters 4 (Zoning Districts), 7 (General Development Standards) and 10 (Subdivision Standards) shall be met; and 5.5. As allowed in Chapter 9 below, certain standards may be modified or varied upon a finding that the proposed PUD incorporates creative site design such that it represents an improvement in quality over what could have been accomplished through strict application of the otherwise applicable district or EXHIBIT A development standards, including but not limited to improvements in open space provision and access; environmental protection; tree/vegetation preservation; efficient provision of streets, roads and other utilities and services; or choice of living and housing environments. 6. The PUD shall provide public benefits that are advantageous to the surrounding neighborhood or the public in general to a greater extent than could have been accomplished through strict application of the otherwise applicable district or development standards. Public benefits of the proposed PUD may include: a. Mixed-use development that implements elements of the Comprehensive Plan not otherwise possible under this Development Code; b. Significant preservation of existing environmental features through site design techniques such as cluster development; c. Innovative approaches to mitigate the risks of natural hazards such as wildfire and floods; d. Protection of natural ecosystems, conservation of natural resources and wildlife habitat, and mitigation and adaptation to a changing climate; e. Historic preservation of private or public structures, places, or landscapes; f. Adaptive reuse, renovation, or redevelopment of existing buildings; g. Enhanced building design above that required by the Code and/or the use of green building and sustainable development techniques, including Leadership in Energy and Environmental Design (LEED) or LEED-equivalent certification of structures. h. Provision of Attainable, Workforce, or Employee Housing or other housing solutions that support the Housing element of the Comprehensive Plan; i. Multimodal transportation improvements that create a safer, more comfortable environment for users of all ages and abilities; or j. Other public benefits which the Town Board finds substantially advance the goals and other policies and objectives of the Comprehensive Plan. 2. Standards for Review for a Final PUD Plan. A Final PUD Plan application, together with all submitted plans and reports, shall be reviewed to determine their compliance with the approved preliminary PUD plan, including all recommended conditions. E. Effect of Approvals. 1. Effect of Approval of a Preliminary PUD Plan. a. The provisions set forth in §3.9.F below applicable to a preliminary subdivision plan shall apply to a preliminary PUD plan. Within twelve (12) months from the date of the final approval of a preliminary PUD plan, the developer shall submit an application for final PUD plan. If the final PUD plan is not submitted within this twelve (12) month time period, the approval shall automatically lapse and be null and void. b. During the period in which an approved preliminary PUD plan is effective, no subsequent change or amendment to this Code or any other governing ordinance or plan shall be applied to affect adversely the right of the Applicant to proceed with any aspect of the approved development in accordance with the terms of such preliminary PUD plan approval. 22. Effect of Approval of a Final PUD Plan and Combined Preliminary/Final PUD Plan. The provisions set forth in §3.9.F below applicable to a final subdivision plat shall apply to a final PUD plan. An approved final PUD plan shall be recorded as the final subdivision plat, as per §3.9.F below. Within one hundred eighty (180) days from the date of the Board's action on the final PUD plan or combined preliminary/final PUD plan, the Applicant shall make all required revisions, if any (see section 3.2.E above), and shall submit the PUD plan to the Town for recording. If the PUD plan is not submitted for recording within this one hundred eighty-day time period, the approval shall automatically lapse and be null and void. § 3.6 Variances A. Applicability. The BOA shall hear requests for variances where it is alleged that the provisions of this Code inflict unnecessary hardship and practical difficulties upon the Applicant. B. Procedure for Approval of Variances. Applications for approval of variances shall follow the standard development approval process set forth in §3.2 of this Chapter, except for the following modifications: 1. Step 2: Application Timing. Applications for variances shall be submitted to Staff a minimum of forty- two (42) days prior to a regularly scheduled meeting of the BOA. Staff shall have the discretion to shorten submittal timeframes. 2. Step 4: Review and Action by the BOA. The staff report on an application for a variance shall be forwarded to the BOA. The BOA shall review the application, staff report and public meeting testimony and take final action by either approving, approving with conditions or denying such application. The BOA's decision on the application shall be final. C. Standards for Review. All applications for variances shall demonstrate compliance with the standards and criteria set forth below: 1. Special circumstances or conditions exist (e.g., exceptional topographic conditions, narrowness, shallowness or the shape of the property) that are not common to other areas or buildings similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code or the Comprehensive Plan. 2. In determining "practical difficulty," the BOA shall consider the following factors: a. Whether there can be any beneficial use of the property without the variance; b. Whether the variance is substantial; c. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance; d. Whether the variance would adversely affect the delivery of public services such as water and sewer; e. Whether the Applicant purchased the property with knowledge of the requirement; and f. Whether the Applicant's predicament can be mitigated through some method other than a variance. 3. No variance shall be granted if the submitted conditions or circumstances affecting the Applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations. 4. No variance shall be granted reducing the size of lots contained in an existing or proposed subdivision if it will result in an increase in the number of lots beyond the number otherwise permitted for the total subdivision, pursuant to the applicable zone district regulations. 5. No variance shall be granted increasing the number of accommodation units beyond the number otherwise permitted. relief. 56. If authorized, a variance shall represent the least deviation from the regulations that will afford 67. Under no circumstances shall the BOA grant a variance to allow a use not permitted, or a use expressly or by implication prohibited under the terms of this Code for the zone district containing the property for which the variance is sought. 78. In granting such variances, the BOA may require such conditions as will, in its independent judgment, secure substantially the objectives of the standard so varied or modified. D. Lapse. Failure of an Applicant to apply for a building permit and commence construction or action with regard to the variance approval within one (1) year of receiving approval of the variance shall automatically render the decision of the BOA null and void. However, variances associated with an approved development plan or special review application shall become null and void upon the lapse or expiration of the approval of the development plan or special review. CHAPTER 9. PLANNED UNIT DEVELOPMENTS § 9.1 PURPOSES In order that the public health, safety and general welfare may be furthered in an era of increasing urbanization, commercial and industrial development, and growing demand for housing of all types and design, this Chapter applies the Planned Unit Development Act of 1972 and is designed to encourage planned unit developments (PUDs) in the Estes Valley Park for the following purposes: A. To encourage innovations in residential and commercial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to such buildings; B. To encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes; C. To provide a process that can relate the type, design and layout of residential and commercial development to the particular site, thereby encouraging the preservation of the site's natural characteristics, and to encourage integrated planning in order to achieve the purposes of this Chapter; D. To provide for well-located, commercial sites and well-designed residential developments while minimizing the impact on roads, streets and other transportation facilities; E. To conserve the value of the land; and. F. To provide for the development of planned mixed-use commercial and residential developments and promote developments with a mix of commercial and residential uses, including but not limited to attainable, workforce, and employee housing, that provide services and employment opportunities in close proximity to residents of the district. § 9.2 APPLICABILITY AND TYPES OF PUDS ALLOWEDELIGIBILITY A. PUDs Overlay Allowed in all Non-Residential Zone the CO Districts Only. Application for a planned unit development may be made for land located in the CO Outlying Commercial any non-residential Zoning District. A PUD may shall be established by overlaying a PUD development plan over the existing CO zoning district. All PUDs shall be reviewed and approved in accordance with the standards set forth in this Chapter and the procedures set forth in Chapter 3 of this Code. B. Types of PUDs Allowed. A Mixed-Use Planned Unit Development (PUD-M) shall be the only permitted PUD overlay in the CO zoning district. B. Minimum Size. A PUD must include either at least two (2) acres or five (5) or more dwelling units. § 9.3 PUD STANDARDS-M, PLANNED MIXED-USE DISTRICT The PUD-M, Planned Mixed-Use District, is created to provide for the development of planned mixed-use commercial and residential developments. It is intended to promote developments with a balanced mix of commercial and residential uses that provide services and employment opportunities in close proximity to residents of the district. The PUD-M, Planned Mixed-Use District, may be permitted as an overlay only in the CO Outlying Commercial District. Within a PUD-M District, the following standards shall be applied and uses and densities may be permitted subject to the approval of the Decision-Making Body, depending on the location of the proposed PUD. A. All requirements set forth in this Code otherwise applicable to the area of land proposed for a PUD shall govern unless authorized for modification in this section and explicitly approved in the PUD. The following shall apply: 1. Permitted Uses. Permitted uses may be modified from the underlying zone district Within a PUD-M district, the following uses may be permitted subject to the approval of the Decision- Making Body to allow the following: a. Uses permitted by-right or by special review in the underlying zoning district; b. Residential uses; or c. Accommodation uses; . and d. Other uses which are compatible, as defined herein (see section 9.3.B below), with other uses within the PUD District and the surrounding areaB. Minimum Parcel Size. The minimum parcel size of a mixed-use PUD shall be three (3) acres. 2. Number of Units Allowed/Density. a. 1. Residential Uses in a Mixed-Use PUD. The maximum number of residential units allowed (density) shall not be modified by the PUD and shall be determined by applying the maximum permitted net density allowed in the RM Multi-Family Residential Zoning District (see §4.3.C.5 above). A PUD is eligible for the Attainable/Workforce Housing Density Bonus subject to the provisions of §11.4. b. 2. Accommodation Uses in a Mixed-Use PUD. The maximum number of accommodation units allowed shall be determined by applying the minimum developable land area per accommodations unit requirement allowed in the A Accommodations/Highway Corridor Zoning District (see §4.4.C above). Any accommodations unit that is less than or equal to eight hundred (800) square feet in size shall be considered a guest unit, regardless of kitchen configuration, for purposes of density calculations of a commercial accommodations use in a Mixed-Use PUD. The number of accommodation units permitted may be modified subject to approval of the Decision-Making Body subject toand the following:. i. Accommodations use shall be consistent with the Comprehensive Plan, and ii. Shall be compatible, as defined herein (see section 9.3.B below), with the surrounding area. c. Land Area Requirements Not Cumulative. The density allowances set forth in this Section are not cumulative, but shall be calculated independently for each residential and/or accommodations use proposed in a mixed-use PUD. Each independently calculated land area shall be deducted from the total land area available for development to determine the permitted density on a site. 3. Setbacks and Lot Coverage. Setbacks and lot coverage may be modified from the underlying zone district subject to approval of the Decision-Making Body and the following: a. Setbacks from lot lines abutting a property outside the PUD shall comply with the underlying zone district.; b. Setbacks and lot coverage shall be compatible, as defined herein (see section 9.3.B below), with the surrounding area.; and c. Setbacks shall be consistent with the built form of the applicable Comprehensive Plan Future Land Use Category. 4. Building Height. Maximum building height shall not be modified by the PUD and shall be determined by applying the underlying zone district standards except that attainable housing units and workforce housing units shall be eligible for a height bonus subject to approval of the Decision-Making Body and the following: a. Buildings containing attainable housing units and/or workforce housing nits in all underlying zone districts shall be eligible for a height bonus up to a maximum building height of thirty-eight (38) feet subject to the requirements of §4.3.D.5 and §4.3.D.6; b. The Community Development Director or Decision-Making Body may require a shadow study, line-of-sight analysis, or similar studies to ensure impacts to surrounding properties are minimized from any building utilizing the building height bonus; and c. Building height shall be compatible, as defined herein (see section 9.3.B below), with the surrounding area; and 5. Off-Street Parking and Loading. Off-street parking and loading standards shall not be modified except that the minimum parking requirement may be modified from the underlying zone district subject to approval of the Decision-Making Body and the following: a. Any proposed off-street parking alternatives shall be reviewed in accordance with §7.11(G); and b. A parking study prepared in accordance with section 7.11(E) shall support any modifications to parking requirements. B. 1. D. Applicable Development Standards. 2. 1. Yard, Bulk and Dimensional Requirements. Yard, bulk and dimensional requirements set forth in Chapter 4, including but not limited to minimum lot area, shall not apply to interior lots or building sites within a PUD-M that do not abut land uses located outside the PUD-M development parcel. 3. 2. All Other Zoning Requirements. All other zoning development and design standards shall apply to all PUD-M's unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to §3.6, "Variances." 4. 3. Subdivision Regulations. The requirements of Chapter 10, "Subdivision Standards," shall apply to all PUD-M's unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to §3.6, "Variances." 5. 6. 4. Private Open Areas. a. At a minimum, a PUD-M development shall set aside thirty percent (30%) of the a percentage of the site's total gross area for open areas including, open space, active or passive recreational amenities, plazas, courtyards, rooftop patios, sitting areas and other similar public-accessible spaces as follows: i. 10% open area for sites less than one acre in size; ii. 15% open area for sites one acre to two acres in size; and iii. 20% open area for sites greater than two acres in size. a.b. At its discretion, the Decision-Making Body may require additional or approve a smaller amount of private open areas or public trail dedications based on a review of the following factors: i.The Comprehensive Plan; ii.Unique drainage, topographic, vegetation or other such physical conditions; iii.Type and density of development; iv.Overall need for open space and recreational facilities.; or iv.v. Quality, usability, and/or public accessibility of open areas proposed. c.All open areas or trails provided in a PUD shall be owned and maintained as common (private) open areas by the developer, owner of the property or an organization established for the ownership and maintenance of common open areas, unless the Board accepts public dedication of the open areas. d.Open areas or trails dedicated for public use shall comply with all applicable dedication requirements set forth in §7.4 of this Code. 6.7. Subdivision Regulations. The requirements of Chapter 10, "Subdivision Standards," shall apply to all PUD unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to §3.6, "Variances." 7.8. All Other Zoning Requirements. All other zoning development and design standards shall apply to all PUD's unless otherwise specifically exempted, modified or varied pursuant to this Chapter or to §3.6, "Variances." B.Compatibility. For the purposes of this section, compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Compatibility does not necessarily mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in coexisting with existing development. Compatibility can be achieved through a variety of methods, including: 1.Building design, including size, height, bulk, mass, scale, materials and colors; 2.Minimizing infringement on the privacy of adjoining land uses through screening, window locations, or building placement.; 3.Using landscaping to help mitigate the physical, visual and environmental impacts created by development; or 4.Operational standards such as: a.hours of operation and deliveries; b.location on a site of activities, such as trash receptacles and loading zones, that generate potential adverse impacts on adjacent uses; c.light intensity and hours of full illumination; d.limits on noise; and e.parking and transportation demand management. APPENDIX B. SUBMITTAL REQUIREMENTS  …  VI.PLANNED UNIT DEVELOPMENTS—SUBMITTAL REQUIREMENTS A.Preliminary PUD Applications—Submittal Requirements. 1.A complete application form provided by the Staff. 2.All applicable fees as set forth in the adopted Schedule of Fees. 3.All requirements for a "preliminary subdivision plat" as set forth in Section II.C above, unless waived or modified by the Staff. 4.Neighborhood and community meeting record. 5.Architectural elevations for all structures in a proposed PUD. 6.A written statement of all zoning and subdivision standards that are proposed to be modified or varied in the PUD development, including how such modification or waiver would satisfy the criteria set forth in §3.4.D.1.e of this Code. 7.A written statement of how the proposed PUD meets the standards for review of PUD applications, as set forth in §3.4 of this Code. 8.Any other information deemed necessary by the Staff to make a fully informed and deliberate decision on the application. B.Final PUD Applications—Submittal Requirements. 1.A complete application form provided by the Staff. 2.All applicable fees as set forth in the adopted Schedule of Fees. 3.An approved Preliminary PUD Plan. 34.All requirements for a "final subdivision plat" Code Amendments (Rezoning) as set forth in Section V II.D above and Development Plans as set forth in Section III above, unless waived or modified by the Staff. 45.Neighborhood and community meeting record. 56. A written statement of how the Final PUD Plan meets the standards for review, as set forth in §3.4 of this Code. 6.A written statement of all standards that are proposed to be modified or varied in the PUD development, including how such modification or waiver would satisfy the criteria set forth in  §3.4.D.1.e of this Code. 7.Architectural elevations for all structures in a proposed PUD, unless deferred to a subsequent Development Plan by the Decision‐Making Body. 8.Any other information deemed necessary by the Staff to make a fully informed and deliberate decision on the application.   Community Development Town Board November 26, 2024 Planned Unit Development (PUD) Development Code Text Amendment Presented by Paul Hornbeck, Senior Planner • 6/25/24 Town Board Study Session - Staff presented a high-level concept regarding amending the Development Code. Town Board supportive of concept. • 7/16/24 Planning Commission Study Session - staff presented draft code language. • 9/17/24 Planning Commission – recommendation to TB on revised code language (main revisions - building height and private open areas) • 10/22/24 Town Board – continued with direction to staff on revisions Present Situation 1 2 PRESENTED AT 2024-11-26 TOWN BOARD MEETING Changed maximum height to 38’ and only for workforce housing Compatibility section was updated to include parking and noise Added preliminary and final PUD back to process for larger projects. Combined preliminary/final PUD process is available projects with 10 or fewer dwelling units or 5 acres or smaller in size Updated Ordinance EPDC §9.1 – PUD Purpose: encourage innovative design more efficient use of open space more efficient use of land and of public services encourage preservation of natural characteristics minimize impacts on roads, streets, and other transportation facilities conserve the value of the land PUD Purpose 3 4 Comprehensive Plan Comprehensive Plan 5 6 Future Land Use Map The Town’s PUD code is largely intended to facilitate mixed use develop as it is today, however a few stipulations make it difficult if not impossible to be used on most parcels in Town. The primary issues are: Permitted only on properties with CO (Outlying Commercial) zoning (a small portion of parcels in Town) Minimum parcel size of 3 acres (most parcels in Town are smaller) Minimum 30% open space (exceeds other zone districts and is difficult to meet in infill development) PUD Limitations 7 8 • Amendment would include more stringent review criteria. • Ensure PUDs are only used when they provide a clear community benefit and not simply as a workaround to standard code requirements. • Allows decision-making body to look holistically at a project to consider its overall benefits and only approve projects meeting those criteria. Review Standards • Currently, a proposed accommodations use can seek higher density through a Variance. • EPDC §3.6 prohibits Variances that increase residential density but apparent oversight with no similar prohibition for accommodations. • Amendment would eliminate Variance option in-lieu of allowing a Planned Unit Development to potentially increase accommodations density. • Board of Adjustment decides variances but Town Board appears to be better equipped to make decisions on density based on recommendations from Planning Commission. • Changing the process to a PUD would require applicants to demonstrate the project provides exceptional community benefits, such as the provision of workforce housing, superior architectural design, and/or enhanced environmental stewardship. PUD & Accommodation Density 9 10 Eliminates preliminary/final PUD process for small projects (under 5 acres or 10 or fewer dwelling units) in-lieu of a single application; Allows PUDs in any non-residential zone rather than only the CO zone; Reduces minimum size to 2 acres rather than 3 acres or property of any size with 5 or more units; Reduces minimum open space requirements for smaller properties using tiered system; Allows modifications of building heights up to 38’ for workforce/attainable housing units; Allows modification of parking requirements with supporting parking study; Prohibits variances for density of accommodations uses in-lieu of PUD process; Adds standards for compatibility; Requires public benefits as condition of approval of PUDs; Other minor modifications and clarifications; and Updates application submittal standards to reflect the above changes. Proposal The PUD shall provide public benefits that are advantageous to the surrounding neighborhood or the public in general to a greater extent than could have been accomplished through strict application of the otherwise applicable district or development standards. Public benefits of the proposed PUD may include: a. Mixed-use development that implements elements of the Comprehensive Plan not otherwise possible under this Development Code; b. Significant preservation of existing environmental features through site design techniques such as cluster development; c. Innovative approaches to mitigate the risks of natural hazards such as wildfire and floods; d. Protection of natural ecosystems, conservation of natural resources and wildlife habitat, and mitigation and adaptation to a changing climate; e. Historic preservation of private or public structures, places, or landscapes; f. Adaptive reuse, renovation, or redevelopment of existing buildings; g. Enhanced building design above that required by the Code and/or the use of green building and sustainable development techniques, including Leadership in Energy and Environmental Design (LEED) or LEED-equivalent certification of structures; Public Benefits 11 12 h. Provision of Attainable, Workforce, or Employee Housing or other housing solutions that support the Housing element of the Comprehensive Plan; i. Multimodal transportation improvements that create a safer, more comfortable environment for users of all ages and abilities; or j. Other public benefits which the Town Board finds substantially advance the goals and other policies and objectives of the Comprehensive Plan. Public Benefits Building Height Building Height. Maximum building height shall not be modified by the PUD and shall be determined by applying the underlying zone district standards except that attainable housing units and workforce housing units shall be eligible for a height bonus subject to approval of the Decision-Making Body and the following: a. Buildings containing attainable housing units and/or workforce housing nits in all underlying zone districts shall be eligible for a height bonus up to a maximum building height of thirty-eight (38) feet subject to the requirements of §4.3.D.5 and §4.3.D.6; b. The Community Development Director or Decision- Making Body may require a shadow study, line-of- sight analysis, or similar studies to ensure impacts to surrounding properties are minimized from any building utilizing the building height bonus; and c. Building height shall be compatible, as defined herein (see section 9.3.B below), with the surrounding area 13 14 Build Height Measurement 3rd Story Residential 8-9’ 2nd tory Residential 8- 9’ 1st Story Commercial 12-14’ Mechanical/Structural 2’ Mechanical/Structural 1’ Roof 6’ Mean Roof Height Mean Finished Grade Highest Point Elevation Lowest Point Elevation Top Plate Highest Point of Roof Height of Building Compatibility Compatibility. For the purposes of this Chapter, compatibility shall mean the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other in harmony. Compatibility does not necessarily mean "the same as." Rather, compatibility refers to the sensitivity of development proposals in coexisting with existing development. Compatibility can be achieved through a variety of methods, including: 1. Building design, including size, height, bulk, mass, scale, materials and colors; 2. Minimizing infringement on the privacy of adjoining land uses through screening, window locations, or building placement.; 3. Using landscaping to help mitigate the physical, visual and environmental impacts created by development; and 4. Operational standards such as: a. hours of operation and deliveries; b. location on a site of activities, such as trash receptacles and loading zones, that generate potential adverse impacts on adjacent uses; and c. light intensity and hours of full illumination. 15 16 Build Height Examples 3rd Story Residential 8-9’ 2nd Story Residential 8- 9’ 1st Story Commercial 12-14’ Mechanical/Structural 2’ Mechanical/Structural 1’ Roof 6-8’ 34-40’ to roof midpoint Build Height Examples 17 18 Provides an interim fix for the disconnect between the Comp Plan’s vision for Mixed Use Centers and Corridors and the Development Code’s lack of zoning to implement that vision. Will allow more properties to be eligible for PUD overlay, providing greater opportunity for innovative designs, which could help address workforce housing needs. Gives Town Board authority to consider increased density for qualifying accommodation uses rather than relying on the Board of Adjustment. Advantages Making more properties eligible for PUD could increase the number of applications for PUDs (currently minimal), which typically require more staff time to review and to administer after approval. However, with strong review criteria that encourage only projects with exceptional community benefits, this could be limited. Discretionary approval process of PUDs can provide appearance of unfair and arbitrary decision making. However, an ordinance with sufficient guidance through the establishment of desired community benefits and approval standards can minimize this risk. Disadvantages 19 20 Planning Commission forwarded a recommendation of approval to the Town Board, consistent with staff’s recommendation. Sample Motion: I move that the Town Board approve the ordinance. I move to that the Town Board deny the ordinance, finding that [state reasons for denial]. I move to continue this item to the next regularly scheduled meeting [state reasons for continuing]. Recommendation & Sample Motion 21 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees From: Town Administrator Machalek Date: November 26, 2024 RE: Ordinance 18-24 Amending Chapter 8.06 of the Estes Park Municipal Code Regarding Maximum Permissible Noise Levels (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _____________ QUASI-JUDICIAL YES NO Objective: Town Board consideration of an update to the Town’s noise ordinance. Present Situation: Over the past year, the Town has received feedback from members of the public expressing concerns with the current noise ordinance. Specific concerns include the lack of a quantitative decibel standard, the ability of the Town Engineer to issue permits for overnight construction work (instead of the Town Board), and the lack of enforcement of the unreasonable noise standard. In response to these concerns, the Town Board asked staff to explore options for making changes to the Town’s existing noise regulations. At the June 11, 2024 Study Session, the Board indicated continued support for a hybrid approach to noise enforcement, utilizing both an unreasonable noise standard and a decibel-based standard. The Board also supported moving the responsibility for approving permits for overnight construction work to the Town Board. There was no consensus at that meeting as to whether the Town’s own events should be subject to the provisions of the new ordinance, or whether they would continue to be exempted under the code. The Board continued discussion of an updated noise ordinance at the September 24, 2024 Study Session. The Board confirmed a desire to continue forward with an update to the Town’s noise regulations, and proceeded to have a wide-ranging conversation about the various components of an update. There appeared to be a slight preference from the Board for decibel limits that fall somewhere between the existing state limits and the Town’s prior decibel limits (2016). After further conversations with the Board on October 22 and November 12, 2024, staff has prepared Ordinance 18-24 for Board consideration. Proposal: The proposal includes: •The addition of a decibel-based noise limit that varies by zone and is measured from the boundary of any receiving property (except public right-of-way). When noise travels between zoning districts, the applicable volume limit is the one for the zone in which the noise originates; •The addition of an exception for waste pickup in the Downtown Commercial zoning district between 6 a.m. and 10 p.m.; •A change in the approval authority for nighttime construction noise from the Town Engineer to the Board of Trustees; and •The addition of a provision for escalating fines for successive violations. Action Recommended: Staff recommends approval of Ordinance 18-24. Finance/Resource Impact: Decibel-based enforcement would require an investment in both decibel meters and training. Staff estimates that a new type-2 decibel meter costs between $2,000 and $3,000. The main resource impact associated with a decibel-based standard is training enforcement personnel on how to measure sound and testify to it, as well as the time spent enforcing. Based on information from the City and County of Denver, staff would expect at least a week of training on enforcement alone. Level of Public Interest High. Sample Motion: I move to approve/deny Ordinance 18-24. Attachments: 1. Ordinance 18-24 2.Decibel Level Comparison Chart ORDINANCE NO. 18-24 AN ORDINANCE AMENDING CHAPTER 8.06 OF THE ESTES PARK MUNICIPAL CODE REGARDING MAXIMUM PERMISSIBLE NOISE LEVELS 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: Chapter 8.06 of the Estes Park Municipal Code is hereby amended, by adding underlined material and deleting stricken material, as set forth on Exhibit A. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this 26th day of November, 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 26th day of November, 2024 and published by title in a newspaper of general circulation in the Town of Estes Park, Colorado, on the 29th day of November, 2024, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 Title 8 - Health, Sanitation and Nuisances Chapter 8.06 Noises Chapter 8.06 Noises 8.06.010 Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Amplified outdoor sound means sound modified or amplified by the use of sound equipment on any premises not fully enclosed by permanent walls and a roof. Domestic power equipment means any power equipment rated five (5) horsepower or less used for home or building repair or grounds maintenance, including but not limited to lawn mowers, garden tools, snow blowers and chain saws. Muffler means an apparatus consisting of a series of chambers or baffle plates designated for the purpose of transmitting gases while reducing sound emanating from such apparatus. Sound equipment means a loudspeaker, public address system, amplification system, or other sound producing device. Unreasonable noise shall mean any excessive or unusually loud noise or sound with intensity or duration that disturbs the peace, health, comfort, repose or quiet of a reasonable person of normal sensitivities. Vehicle means any machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides to transport persons or property or pull machinery and includes, without limitation, automobile, airplane, truck, trailer, motorcycle, motor scooter, tractor, buggy and wagon. 8.06.020 Noise prohibited. (a) No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises owned or possessed by such person or under such person's control. For purposes of this Section, Law Enforcement or Code Enforcement personnel are empowered to make a prima facie determination as to whether a noise is unreasonable. (b) In determining whether noise is unreasonable, the following may be considered: (1) The time of day; (2) The size of any gathering of persons creating or contributing to the noise; (3) The presence or absence of sound equipment; and (4) Any other factors tending to show the magnitude and/or disruptive effect of the noise. (c) With regard to vehicles, the determination of unreasonable noise, in addition to the previously stated factors shall include, but not be limited to: (1) The continuous or repeated sounding of any horn, alarm or signal device of a vehicle, except where an actual emergency or danger exists. For the purposes of this subsection, "continuous" shall mean continuing for an unnecessary or unreasonable period of time. EXHIBIT A (2) The operation of any vehicle in a manner which causes unreasonable noise as a result of unnecessary rapid acceleration, deceleration, revving the engine or tire squeal. (d) A noise may be unreasonable and a violation of this section may occur in addition to a violation of section 8.06.025, below, or even if there is no violation of section 8.06.025. The two sections are independent and penalties for their violation shall be cumulative. 8.06.025 Maximum permissible noise levels. (a) No person shall make, continue or cause to be made or continued any noise, and no person shall knowingly permit noise upon any premises owned or possessed by such person or under such person's control, in excess of the following volume limits, as measured in locations as described below, established for the following time periods and zoning districts: Zone 7:00 a.m. to 10:00 pm 10:00 p.m. to next 7:00 a.m. Residential RE, E-1, E, R, R-1, R-2, RM 60 dB(A) 55 dB(A) Commercial A, A-1, CO, CD, O 65 dB(A) 60 dBA) Industrial I-1, CH 80 dB(A) 75 dB(A) (b) Noise shall be in violation of this section if it exceeds the above limits within or at the boundary of a property other than the property at which the noise originates, excluding public right-of-way. (c) When noise travels between zones, the applicable volume limit is the one for the zone in which the noise originates. 8.06.030 Restrictions on amplified outdoor sound. It shall be unlawful for any person to make, cause to be made or to permit amplified outdoor sound upon any premises possessed or controlled by such person where such sound occurs between the hours of 10:00 p.m., through 10:00 a.m., of the next day except that on Friday and Saturday nights amplified outdoor sound is permitted until 11:00 p.m. Amplified outdoor sound is also subject to the prohibitions set forth in section 8.06.020 and 8.06.025. 8.06.040 Exceptions. The prohibitions set forth in this chapter Subsection 8.06.020(1) shall not apply to sound from: (1) Any bell or chime from any building, clock, school or church; (2) Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm system used in case of fire, collision, civil defense, police activity or other imminent danger; (3) Aircraft which are operated in accordance with federal laws or regulations; (4) Town authorized or sponsored events including, but not limited to, parades, fireworks displays, concerts, and events at Stanley Park, Bond Park, or Performance Park; (5) Any domestic power equipment, except as provided within this subsection, operated upon any residential, commercial, industrial or public place between 7:00 a.m. and 9:00 p.m.; (6) Any construction, maintenance, or repair activities between 7:00 a.m. and 9:00 p.m., or at other times as may be authorized under section 8.06.045; (7) Activities directly connected with the abatement of an emergency; (8)Noise from sSnow blowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal; (9)Noise generated from gGolf course maintenance equipment; (10) Waste pickup in the Downtown Commercial zoning district between 6 a.m and 10 p.m . 8.06.045 Nighttime construction noise in the right-of-way. The prohibitions set forth in sections 8.06.020 and 8.06.025 shall not apply to sound from any construction, maintenance, or repair activities at any time on public right-of-way, if the Town Engineer Board of Trustees specifically approves the sound occurring between 9:00 p.m. and 7:00 a.m., in which case the approval shall be noted on the permit issued under chapter 12.08 for the work in the right-of-way. In determining whether to approve such sound, the Town Engineer Board shall consider: (1) Whether the cumulative detrimental impacts to the public, including roadway users and adjacent property owners, would be lesser with nighttime construction or, if applicable, with delayed completion of daytime construction; and (2) Whether the nighttime work will comply, as required, with all the Town's restrictions on exterior lighting, including those applicable to new development under chapter 7.9 of the development code, as shown on a work zone illumination plan. The permittee must notify the Estes Park Police Department, and the owners and occupants of all properties located within one thousand (1,000) feet of the work occurring between 9:00 p.m. and 7:00 a.m., of the activities and associated sound. Notice shall be given in the manner identified in the permit, which may include written notice and attempting personal contact at the properties. Notice must be given at least forty-eight (48) hours prior to the commencement of the work, and the Town Engineer's approval of the sound shall not be effective until forty-eight (48) hours after all such notice is given or attempted as specified. 8.06.050 Exhaust, mufflers. No person shall discharge the exhaust of any steam engine, internal combustion engine, air compressor equipment, motor boat, or other power device which is not equipped with a properly maintained exhaust system with a muffler or a spark arrestor. It is unlawful for any person to operate a muffler or exhaust using a cutout, bypass or other similar device. 8.06.060 Violation. A violation of this chapter shall be punishable under the general penalty of chapter 1.20. The municipal court shall establish a schedule of escalating fines for successive violations. LeveLs of Noise In decibels (dB) PaiNfuL & DaNgerous Use hearing protection or avoid 140 Fireworks‚ Gun shots‚ Custom car stereos (at full volume)‚ 130 Jackhammers‚ Ambulances‚ uNcomfortabLe Dangerous over 30 seconds 120 Jet planes (during take off)‚ very LouD Dangerous over 30 minutes 110 Concerts (any genre of music)‚ Car horns‚ Sporting events‚ 100 Snowmobiles‚ MP3 players (at full volume)‚ 90 Lawnmowers‚ Power tools‚ Blenders‚ Hair dryers‚ Over 85 dB for extended periods can cause permanent hearing loss. LouD 80 Alarm clocks‚ 70 Traffic‚ Vacuums‚ moDerate 60 Normal conversation‚ Dishwashers‚ 50 Moderate rainfall‚ soft 40 Quiet library‚ 30 Whisper‚ faiNt 20 Leaves rustling‚ OctOber is NatiONal audiOlOgy awareNess MONth aNd NatiONal PrOtect yOur heariNg MONth American Academy of Audiology | 11730 Plaza America Drive, Suite 300, Reston, VA 20190 | 800-AAA-2336 | www.HowsYourHearing.org ©2009 American Academy of Audiology. All rights reserved. ATTACHMENT 2 Town Clerk <townclerk@estes.org> Fwd: Noise Ordinance 1 message Travis Machalek <tmachalek@estes.org>Thu, Nov 14, 2024 at 8:34 AM To: Town Clerk <TownClerk@estes.org> Citizen comment for the record. TM Travis Machalek, ICMA-CM Town Administrator Town of Estes Park, CO 970-577-3705 ---------- Forwarded message --------- From: Cynthia Fleischer <fleischercynthia@yahoo.com> Date: Wed, Nov 13, 2024 at 10:02 AM Subject: Re: Noise Ordinance To: Travis Machalek <tmachalek@estes.org> Good morning Travis- Hope you are well. Please forward this comment for entry to record- and to the Town Board members. RE proposed noise ordinance: I am in favor of. "Crotch Rockets" [sorry do not know if there is a more delicate reference to] and muffler- less vehicles cause harm to the hearing impaired [protected Federal class]- who are harmed by high decibel sound. Our neighborhood is routinely treated to muffler- less trucks and some cars on a regular and disturbing basis! Wildlife is scared away! Hearing "abled" have been given special class status- over those that are harmed by excessive and illegal noise violations- which LE cannot police! Respectfully, Sent from my iPhone PUBLIC COMMENT RECEIVED BY THE TOWN CLERK'S OFFICE BY 3:00PM ON 2024-11-20 PUBLIC COMMENT RECEIVED ON 11/19/2024  Board of Trustees Public Comment Name: Jenna MacGregor Stance on Item: Against Agenda Item Title: General Public Comment. Public Comment: I want to speak out against changing the noise ordinance I have worked in Estes Park my entire life during the summers and now the last 11 years year round. Estes park is a tourist town. We need to be able to make noise even at night in the business district. If people want complete quiet neighborhoods there are those areas in estes that are almost completely silent. The town of Estes should be able to run business and draw people to the business area with outside noise. That is how it should be. There needs to be an area where we can have singing outside and bands playing & not just those sponsored by the town. Businesses should be able to draw more nightlife & be a town where we truly can be the fun people are looking for. People hike all day long and want to dance and listen to music at night. Estes Park is perfect for this 6 months a year and we need to have the ability in the business district to continue to be able to have the noise of entertainment for our visitors outside. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Town Clerk <townclerk@estes.org> Noise Ordinance Public Comment Ingrid Bush <ingrid@thebarrel.beer>Wed, Nov 20, 2024 at 11:06 AM To: townclerk@estes.org Trustees of Estes Park, I am writing to express my concerns regarding the proposed noise ordinance currently under consideration by the Town of Estes Park. While I fully understand the intention to improve the quality of life for residents by addressing excessive noise, I believe that the proposed regulations may have unintended consequences and could be overly restrictive in certain areas. My primary concerns are as follows: 1.Impact on Local Businesses: Many businesses, particularly those in the entertainment and hospitality sectors, rely on music, outdoor events, and other activities that generate noise. The ordinance, as proposed, could severely limit their ability to operate and thrive, potentially harming the local economy and reducing the vibrancy of our community. 2.Vague Definitions and Enforcement Issues: The ordinance appears to include vague or broad definitions of what constitutes “unreasonable” noise. Without clearer guidelines, there is a risk of inconsistent enforcement and subjective interpretation, leading to confusion among both residents and businesses about what is permissible. 3.Unnecessary Burden on Residents: While noise pollution can be disruptive, I believe the proposed ordinance may disproportionately affect residents who engage in common activities such as gardening, home improvement projects, or social gatherings. These are typical activities that may generate noise but are part of normal daily life. The proposed limits could unnecessarily restrict these activities, creating frustration among those who do not cause any significant disturbance. 4.The Costs Might Outweigh the Benefits: Enforcing a proposed noise ordinance and maintaining the necessary equipment can indeed be costly for several reasons: 1.Personnel Costs: Enforcement requires dedicated staff such as noise inspectors, police officers, or other Town employees. They need to be trained, equipped, and compensated for their time, which adds up over time. 2.Monitoring Equipment: To accurately measure noise levels, the Town will need to invest in specialized equipment like decibel meters, sound level sensors, and perhaps even cameras to monitor noise violations. These devices require maintenance, calibration, and occasional upgrades to remain effective. 3.Administrative Costs: Enforcing the ordinance will require resources for filing complaints, processing violations, conducting hearings, and issuing fines. This can involve additional administrative staff and overhead costs for maintaining records and ensuring proper documentation. 4.Public Awareness and Education: To reduce the number of violations and ensure compliance, the Town may need to invest in public education campaigns. These could include outreach programs, workshops, advertisements, or informational materials to help residents and businesses understand the new rules and avoid violations. 5.Legal and Court Costs: If individuals or businesses contest noise violations, the Town may need to invest in legal resources, including staff or external legal representation, and pay court fees for hearings or appeals related to the ordinance. 6.Ongoing Maintenance: The equipment, whether it’s sensors, decibel meters, or other technology, will need to be serviced regularly to ensure its accuracy. Additionally, if the system relies on a central data platform or network, software updates, IT infrastructure, and data storage would add to costs. In conclusion, while I support the idea of maintaining a peaceful and quiet environment, I believe the proposed noise ordinance in its current form could have negative implications for the local economy, residents, and businesses. I urge the Board of Trustees to reconsider the ordinance, taking into account the concerns addressed in this letter. Thank you for your time and consideration of my concerns. I look forward to hearing more about how the council plans to address these issues. Sincerely, Ingrid Bush Owner The Barrel, LLC Have a Great Day! Ingrid Bush Website Facebook Instagram Please note that I check emails between 8:00am – 11am PUBLIC COMMENT RECEIVED ON 11/20/2024  Board of Trustees Public Comment Name: Lauren Molle Stance on Item: Against Agenda Item Title: General Public Comment. Public Comment: Against stricter noise ordinance File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 11/25/2024  Board of Trustees Public Comment Name: Daniel Sewell Stance on Item: Against Agenda Item Title: Ordinance 18-24 Public Comment: Seems like the town would have a difficult time enforcing this, in the downtown corridor especially, when many of the events are sponsored by the town and staffed by the same security detail… if passed this would effect private run businesses and likely not effect other sponsored activities that have similar decibels… the current system is effective. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 11/25/2024  Board of Trustees Public Comment Name: George Desjardins Stance on Item: For Agenda Item Title: Ordinance 18-24 Public Comment: While I support live music. The volume has gotten out of control. I live on the North side of Elkhorn Ave. on Bighorn Dr. There are times that even with windows shut and doors closed, even in summer. The volume still will be loud enough at night to keep one from sleeping. There are several venues that are the bigger issue, but the main offender is Full Throttle. They seem to have no regard for the volume at all. I feel 60 decibel may be low for live music, but it far exceeds that number right now on a regular basis. There was a suggestion by a local business owner that if residents want "quiet" they should move away from the downtown business district rather than enforce a noise ordinance. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. PUBLIC COMMENT RECEIVED ON 11/25/2024  Board of Trustees Public Comment Name: Jason Craig Lenz Stance on Item: Against Agenda Item Title: Ordinance 18-24 Public Comment: Comments in the attached pdf. Thank you for your time reading and service to the town. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. O1824JLenz.pdf 63.01KB 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. JASON LENZ 646 Aspen Ave Estes Park, CO 970 -308-9857 jasonlenzmusic@gmail.com November 25, 2024 Estes Park Board of Trustees, I am a Estes Park Citizen and Musician that performs in Estes Park, CO at multiple venues inside and outside. I realize that my sound carries through the mountain, and I am cautious with my performing volume effecting other businesses and homes. I am against the decibel level regarding Ordinance 18-24. As I type this comment about Ordinance 18-24, I have the Decibel X application on my iPhone recording the decibel level of my quiet house that I rent. The roommate and two dogs downstairs are currently inaudible. My dog and cat near the table are sleeping in a sun beam on a couch. THE DECIBEL X APPLICATION IS HOVERING BETWEEN 31 AND 62 DECIBELS. Ordinance 18-24 should NOT be updated with 60 decibels of noise in residential zones between 7 am and 10 pm. That decibel level is far too low. Permission of up to 110 decibels allows music to be played at a natural volume. Permission of up to 110 allows my PUBLIC COMMENT - LENZ ATTACHMENT neighbor to practice their violin. Permission of up to 110 decibels allows my other neighbor's daughter to sing for her upcoming musical. PLEASE UPDATE ORDINANCE 18-24 WITH REASONABLE DECIBEL LEVELS FOR ESTES PARK CITIZENS TO EXERCISE THEIR AMERICAN FREEDOM. I finally have moved outside, onto my front porch, to see what the Decibel X application is reading. THE DECIBEL X APPLICATION IS HOVERING BETWEEN 46 AND 84 DECIBELS. The wind and birds were above 60 decibels. I cannot call the authorities and complain. Sixty Decibels is such a quiet level of sound and should not be the maximum level in Ordinance 18-24. I’m curious to who and why chose 60 decibels was the number to go into this Ordinance. Did someone lookup other mountain town ordinances and find the correct number for our Ordinance 18-24? That would be my first line of research. Then, it needs to be put to a town vote. Estes Park citizens should be the ones to decide on Ordinance 18-24 wording. Sincerely, Jason Lenz Start date Item Title Stance Name Comments_for_the_Board_of_Trustees_File_Upload 11/26/2024 11:58 AM Ordinance 18-24 Against Lindsay McFarland Current Town code meets and exceeds sound standards. 11/26/2024 11:47 AM Ordinance 18-24 Against Vanessa Jesik I am against changing the current noise ordinance. I think it would detract from the experiences of locals and tourists alike to limit the ability of local establishments to host outdoor events. 11/26/2024 11:35 AM Ordinance 18-24 Against Ann Mills See attached file.Comment Regarding Noise Ordinance.pdf 11/26/2024 11:30 AM Ordinance 18-24 Against Buster Jesik In the summer having the opportunity to gather for live music is one of the things that the community looks forward to the most. It would be a shame to lose out on the memories. The current noise ordnance is more than adequate. 11/26/2024 11:28 AM Ordinance 18-24 Against Michael Best It’s one of the reasons why we come to Estes Park from the Springs every year. Tourist dollars will go somewhere else and Estes Park will go into decline. Sad shame. 11/26/2024 11:25 AM Ordinance 18-24 Against Ava McDonald Estes is a TOWN not one big retirement home. Let people live a little! You’ve got to have a real sense of entitlement to want to take away live music from an entire community. 11/26/2024 11:20 AM Ordinance 18-24 Against Jennifer Comstock I would strongly encourage the Board of Trustees to be sure any new/revised noise ordinance makes clear provisions for live music at our local dining/drinking/entertainment establishments. Live music is a huge part of the fabric of our community. It draws in locals and visitors alike, encouraging people both to get out and to stay longer/spend more at our businesses. It is a particular draw in the winter months, encouraging our local population to visit local businesses during live performances and open mics. It contributes to our experience and reputation as a creative, artist-friendly community. Please do not pass any sort or noise ordinance that would limit the ability of our small business owners to allow local musicians to ply their craft, earn a living, and entertain locals and visitors alike. 11/26/2024 11:11 AM Ordinance 18-24 Against Ashley Silva This noise ordinance could negatively impact local businesses in our community as we LOVE live music! Overly restrictive regulations could deter events or tourism that contribute to our local economy. Noise is a natural part of our vibrant community, and restricting it too heavily could dampen the cultural character of our area. Enforcing a noise ordinance could burden law enforcement or create opportunities for arbitrary enforcement, which might lead to disputes or perceived unfairness. I would argue that noise ordinances infringes on individual freedoms or property rights, especially if it places limits on activities like hosting gatherings at private residences. Bottom line, Estes Park residents LOVE the freedoms we have now in regards to this ordinance and our current noise ordinance is absolutely ideal! PUBLIC COMMENT RECEIVED BY NOON ON 2024-11-26 11/26/2024 10:27 AM Ordinance 18-24 Against Max Miller Hello, I am a year-round resident of Estes Park and would like to express my objection to Ordinance 18-24 as it is currently proposed. I understand and sympathize with those who have concerns regarding noise levels here in Estes. However, the effect this ordinance could have on local working musicians and supporting businesses needs to be considered. Visitors and, most importantly, the working local population come out to support local live music throughout the warm months. For many of us, these live events are one of the few things in town that create a sense of community - something that belongs to us. Estes Park should be finding ways to highlight our local performing artists, not push them out with an ordinance of arbitrarily low decibel tolerances during early hours. As the Board continues to look at this problem, I ask that they consider alternative mitigations to noise issues in town. 11/26/2024 10:21 AM Ordinance 18-24 Against Michele Loudermilk Live music outdoors at small businesses around Estes is delightful for residents and visitors alike, and draws customers to businesses hosting live music events. When considering changes to the noise ordinance, please do so in a way that preserves this great local tradition. I would be heartbroken if there was no more live music outdoors at Lumpy Ridge (both locations), Avant Garde, Trailborn, and so many others around town. 11/26/2024 10:12 AM Ordinance 18-24 Against Jennifer Holmes This will make it so that the wonderful musicians of Estes Park won’t be able to perform outdoors. This is a great asset to our community and wouldn’t want to see it become illegal. 11/26/2024 9:49 AM Ordinance 18-24 Against Andrew Tuszynski Estes Park Board of Trustees, I am an Estes Park Resident & musician in Estes Park. I host both an open mic at a venue in Estes Park & perform my own sets at a handful of venues in town. The 60 decibel maximum ordinance is far too low. In my discussions with business owners in town, this ordinance would kill the music/performance arts in Estes Park as some business owners have expressed the possibility of canceling any music performances if this ordnance were to go through. As a town that thrives on tourism & the small businesses in the area, music helps with that. Hosting an open mic I can confidently say that the music in town brings people both inside and outside the community to these businesses. It builds our economy and strengthens our community by bringing people together. If this ordinance passes it will kill the music in town, hurt small businesses, and hurt community events. Please do not update the decibel limit to 60 decibels and reconsider this ordinance. Thank you, 11/26/2024 9:45 AM Ordinance 18-24 Against Jonathan Pickett I am a professional musician and 22 year resident of Estes Park, Colorado. I play at many venues in Estes Park indoors and outdoors. The proposed 60 dB limit is unrealistic and will shut down most/all of the outdoor music in town. If that happens, you have caused the loss of revenue for musicians, the venue/restaurant, the parking revenue and you will be taking away “things to do” for our ever increasing flow of tourists and locals. I’m trying but failing to figure out the logic behind this proposal. Most of the loud noise in this town comes from the town of Estes itself and its events. Cannon fire and very loud outdoor bands at the Highlands Festival, Live music in Bond Park for events like Pumpkins and Pilsners, Elk Fest, Catch the Glow Parade etc. Live music far exceeding 60 dB happens regularly for Tues Night Live put on by the rec district. Yet small business owners hosting events with live music at a reasonable level will pay the price. Please, don’t pass this. Thank you Jon 11/26/2024 6:54 AM Ordinance 18-24 Against Jim Bromberg The ordinance 18-24 shows a real lack of understanding of decibels by the town board. 60 decibels between the hours of 7am and 10pm is completely unreasonable for residential areas. A vacuum cleaner runs at 80 decibels, so we can't vacuum anymore? A chainsaw runs at about 125 decibels so we can't do fire mitigation around our homes anymore? Please reconsider what you are trying to do with this noise ordinance. We all still need to live our lives in thus town and those decisions shouldn't be made by a bunch of uninformed people that we accidentally voted on to a board. 11/26/2024 6:54 AM Ordinance 18-24 Against Michelle A D'Arcy Music makes so many people happy in Estes Park. Please do not take away something that just a few may not like when thousands of people come to EP each year to enjoy to include enjoying good music outside. 11/25/2024 7:07 PM Ordinance 18-24 Against Elia King I have been a resident of Estes Park for over a decade. I am also a performing musician. While I support our town doing everything possible to protect the residents who call this place home, I also would prefer for my neighbors to resolve their differences, not by calling the police when they are irritated by one another, but by having conversations face to face. I would prefer not to be part of any overly litigious, overly regulated community. I don’t believe another ordinance will keep our neighborhoods quieter, but I do believe it will enable bad behavior between otherwise civil neighbors. Please do not move forward with this unnecessary piece of legislation. 11/25/2024 4:50 PM Ordinance 18-24 Against Edward Leo Mahoney This ordinance order is wrong. 11/25/2024 4:37 PM Ordinance 18-24 Against Concerned Estes Park resident and musician. As a local musician who enjoys performing live in Estes Park, I would urge you to vote no on this ordinance. A noise ordinance that is decibel-based is largely unenforceable. Too many exterior factors (wind, car traffic, construction noise, anything that creates noise in nature) can influence the final decibel result. This is, therefore, in my humble opinion, an unfair prosecutorial tactic aimed at stopping live music. Would you vote to put a noise ordinance on church bells ringing after a Sunday worship service? What if a baby is crying too loud, will you charge the parents for not keeping their infant quiet enough? I can't imagine an officer of the law holding a decibel device in an infant's face is a good image for the town. This is a constitutional overreach and will negatively affect businesses in Estes Park. As a town driven by a tourist economy, this is a bad idea and could hurt our economy in the long run. Vote No. 11/25/2024 3:51 PM Ordinance 18-24 Against Dylan Picard 60db is too low of a cap! Dozens of local businesses in town thrive on local music. 11/25/2024 2:18 PM Ordinance 18-24 Against Daniel Sewell Seems like the town would have a difficult time enforcing this, in the downtown corridor especially, when many of the events are sponsored by the town and staffed by the same security detail… if passed this would effect private run businesses and likely not effect other sponsored activities that have similar decibels… the current system is effective. 11/25/2024 1:56 PM Ordinance 18-24 For George Desjardins While I support live music. The volume has gotten out of control. I live on the North side of Elkhorn Ave. on Bighorn Dr. There are times that even with windows shut and doors closed, even in summer. The volume still will be loud enough at night to keep one from sleeping. There are several venues that are the bigger issue, but the main offender is Full Throttle. They seem to have no regard for the volume at all. I feel 60 decibel may be low for live music, but it far exceeds that number right now on a regular basis. There was a suggestion by a local business owner that if residents want "quiet" they should move away from the downtown business district rather than enforce a noise ordinance. 11/26/2024 11:05 AM Ordinance 18-24 Against Ian Spencer This town already has a very limited amount of live music, and support for local musicians. We also already have a very reasonable cutoff time for live music in terms of time of day. I think limiting it even more will hurt our small music community, and only make it harder to regulate because the police will have to start splitting hairs and walking around with decibal meters and giving more priority to the few people that will complain about music no matter what time of day, or how loud the volume. Estes park needs to support artists and musicians more, and not feed in to the people who complain about anything and everything. We don’t need more regulation that will only harm small businesses and local musicians. 11/26/2024 10:58 AM Ordinance 18-24 Against Colton Hall Our community needs live music and more opportunities to gather and have fun together! 11/26/2024 10:57 AM Ordinance 18-24 Against Hayden webster Live music is crucial to our towns economy and culture. I can understand how many residents around say - performance park- would appreciate quiet hours system. Which I believe to already be in place. Bottom line for me: estes park is evolving. We get that many of our long term and older residents may miss how "things use to be" but we are growing younger and almost all the businesses on main Street and beyond benefit from the increased traffic that many live events provide. We aren't some historic mining town. This is the foothills of RMNP and it deserves the lively and affluent culture that live music helps to bring in for our tourists and residents. 11/26/2024 10:56 AM Ordinance 18-24 Against Luis Fernando Ayala It would be very unfair for such a beautiful town to not be allowed to have live music! 11/26/2024 10:50 AM Ordinance 18-24 Against Joel Loudermilk Please don't impact outdoor music with this change. My wife and I -- along with many other residents and visitors -- enjoy live music at many different businesses in Estes Park. When the weather is suitable, it's great to be able to enjoy that outdoors. I'd hate for the noise ordinance to restrict business owners' ability to have musicians perform outside. 11/26/2024 10:48 AM Ordinance 18-24 Against Julian Garrett Don't ruin the town by taking away outdoor music from local musicians who make a living entertaining the community. Just be a normal town please. 11/26/2024 10:33 AM Ordinance 18-24 Against Angela Sands Please do not limit our music events even more. They are a staple of our community and increases the attraction of Estes for tourists and neighbors alike. Music adds to our town and brings an energy and livelihood that benefits us as a whole. Please support local musicians and provide more opportunities to expand our cultural depth, not less. 11/26/2024 10:32 AM Ordinance 18-24 Against Barb David If you pass this Ordinance, you will "kill" live outdoor music - Estes is known for their live outdoor music. November 26th, 2024 Estes Park Board of Trustees, I’m writing to you as one of many Estes Park resident musicians who performs in town at various indoor and outdoor venues. I have concerns about the proposed update to Ordinance 18-24 and its highly restrictive standard of 60 decibels of noise in residential areas between 10pm and 7am. Live outdoor music is a crucial component of the arts, music, and tourism scene that Estes Park has worked so hard to create. Musicians that play at these venues, myself included, are conscious of the hour, location, and volume of our music, and intentionally manage noise levels accordingly. While I do think that noise ordinances can be beneficial to communities, in this case both the decibel limit and the hours of enforcement are too restrictive. As I sit typing at my computer in a silent office, a decibel measurement app on my phone (placed next to me on the desk) is recording 42-55 decibels simply from the sound of my keyboard. A normal conversation ranges from 60-70 decibels, a refrigerator produces 55 decibels, and a vacuum cleaner runs around 70 decibels. It is not realistic to set 60 decibel restrictions within town residential areas when road construction, vehicle traffic, visitor conversations, and winter winds will all regularly exceed that level. I would propose that either the decibel level restrictions are increased to 110 decibels (natural volume of music or someone playing an instrument), or the hours of enforcement are narrowed to 12am-7am. This would accommodate live music and tourist activity in town, while also providing some protections to residents who live near these areas. Please reconsider Ordinance 18-24 and the harm it does to our small arts community. A change with this much impact to those living and working in this community should be decided by Estes Park resident vote rather than a board decision. Sincerely, Ann Mills PUBLIC COMMENT ON 18-24 MILLS ATTACHMENT Town Clerk <townclerk@estes.org> Noise Ordinance 1 message Lance Benham <lanny1172@gmail.com>Mon, Nov 25, 2024 at 9:00 PM To: townclerk@estes.org Mayor and Town Trustees, I strongly support allowing residences quiet times throughout the week, not impacted by loud music from bands. The town’s ambience is very much in jeopardy because the town allows bands to perform directly adjacent to residences. A PRIME example is the Black Canyon Wedding Venue which effectively destroys the neighborhood ambience whenever events are held there. Locales that produce loud music should NOT be located directly adjacent to hotels, apartments, private residences, etc. Such venues should ALWAYS have a generous buffer zone between themselves and residences. I love good music and appreciate what then town does to foster performances at Bond Park … but allowing the Town to be a SOUND Haven after 5:00 PM is an atrocity. Lance and Linda Benham 341 Homesteader Lane PUBLIC COMMENT RECEIVED ON 11/26/2024  Board of Trustees Public Comment Name: Christine Ochoa Stance on Item: Against Agenda Item Title: General Public Comment. Public Comment: I attend as many live music events as I can here in Estes Park, and I believe that the current limit of 10pm is the best way to go on any outdoor events, music in particular. I don’t think homeowners should have a problem with 10pm. I don’t think that music and events have a good way yo monitor noise levels, ie decibels. Live music and events bring in a ton of revenue, from both local patrons and tourists visiting Estes Park. If these events are restricted more than they currently are, this stream of revenue could be reduced substantially! We could see great events currently happening fade away because of new restrictions. There are already enough measures in place to rein in excessive noise. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Noise Levels from Trustee Frank Lancaster proposed Lyons Severance Fort Collins Loveland Longmont Boulder Residential day 60 85 55 55 55 55 night 55 65 50 50 50 50 day 65 85 60 60 60 65 65 commercial night 60 65 55 65 55 55 60 day 80 85 70 80 75 75 80 industrial nite 75 65 65 75 70 75 75 nite 10:00 PM 9:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM morning 7:00 AM 9:00 AM 7:00 AM 7:00 AM 7:00 AM 7:00 AM 7:00 AM 11 on weekends 9 on weekends November 25, 2024- Noise Ordinance 2024 Dear Town Board, I am Jenna MacGregor I live at 136 Moraine Ave in the Downtown Business District of Estes Park. I am against many points in the new Noise Ordinance. As a business owner it is hard enough for us to operate, we do not need to be so limited with very low decibel levels and early time restraints making operating more difficult to earn the business necessary to operate and thrive here in Estes. In a tourist town, we need to be providing the things our visitors desires. Even our town plan calls for more outdoor activity that is why people come to Estes. Outdoor activity comes with outdoor noise. We want people to be in town spending their money with Estes Park businesses instead of in staying in their lodging establishments or leaving Estes early to other towns where they can enjoy nighttime entertainment. We don't want to lose this sector of revenue due to a strict ordinance. Maybe we need to adjust and adapt to what is in place? I have adapted by wearing noise canceling headphones or put in ear plugs to avoid hearing the new crosswalk that was installed in August of 2024 just outside my window. But growth to a community is necessary, and business growth is need for business owners to stay here and thrive. 11 pm weekends and 10pm weekdays is sufficient for people to still get 8 hours of sleep I know that as a business we should only be able to emit a certain level of noise and we want to be friends with our neighbors, I cannot control what is heard elsewhere and I should only be expected to control the level that is emitted from my property. I know that often you can hear something louder in a different area based upon how soundwaves work. In the Historic Park Theatre—the auditorium is a perfect sound box with a domed roof, and you will hear the sound louder in the center of the theater and around the edges. Traffic inside of a car average is 80-85 decibel level. A motorcycle is 95, A Train horn is 100, a nightclub average is 105-1 10.. The semi-trucks roaring through town during the Loop development and repaying in the RMNPthedecibellevelswereover 110 in my apartment. But Construction and municipality are exempt to any noise levels or complaints. This is a problem in itself... Why is the town/ exempt? The decibel levels you are trying to implement asking for are too low for us to stay within them and provide entertainment or hold an event on our private or commercial properties. The new proposed noise ordinance would force me to unfairly compete in earning business against local government and government held venues. It is not fair for a business would have to stay under the decibel levels while the city and town festivals and locations have no limit. Why should the city be allowed to hold a loud concert at the fairgrounds or performance park, but the Slab, Stanley Hotel, or Full Throttle cannot. This would also limit the entertainment that will be able to be hired by local businesses to play outside as well and artists would have difficulty getting PUBLIC COMMENT DISTRIBUTED AT 2024-11-26 TOWN BOARD MEETING enough entertainment dates. If someone wanted to have a nice wedding on their private property, the residential decibel level would surlily stop a party. It is special celebrations like this that should occur in our beautiful community. Reasonable- what is reasonable? Maybe that is what needs to be defined? A business holding a wedding, downtown beer garden luring people downtown to shop listen to music and drink outside. This all sounds reasonable to me. When I lived on the north side of Lake Estes at the now Estes Park Resort area, I could hear every word from the fairground's speakers during a horse show, or rodeo. And during the Scottish festival you can hear the bagpipes perfectly at the marina. Noise should be measured from where it is emitted not received. The current noise ordinance was established in 2018 that is not very long ago and a huge change to this noise ordinance is not necessary. Maybe we need to adjust, adapt and compromise. Local businesses need to have the ability to have outdoor entertainment and not unfairly compete with our town government. Maybe you need to define reasonable and who wilt determine what is reasonable. Please remember that 11 pm is not that late on a Friday and Saturday night especially to a bride on her special day or a band who starts at 8pm because in July it is light out till at least 9. Make it easier for the businesses to be the place where people choose to book their events, don't make it harder. / - /-- Respectfully Submitted, . , . /' ''/' / Jenna MacGregor/ estesciiiemas@gmall.com/303-618-6398 The Slab, & The Historic Park Theatre /EP Downtown Business District Owner & Resident Town of Estes Park SIGN-IN SHEET FOR PUBLIC COMMENT Individuals wishing to be heard during Public Comment proceedings are encouraged to be prepared and will generally be limited to ( 3 ) minutes in order to allow everyone the opportunity to be heard. Public Comments are expected to be constructive. Written comments are welcome and should be given to the Town Clerk staff prior to the start of the meeting. Town Board Meeting November 26, 2024 ACTION ITEM #2: ORDINANCE 18-24 AMENDJNG CHAPTER 8.06 OF THE ESTES PARK MUNICIPAL CODE REGARDING MAXIMUM PERMISSIBLE NOISE LEVELS. NAME (PLEASE PRINT) / J^/) Rich ^ 7^W[ 1<^/Q/(P ^ ^•1^ nla.c^L-f 4-^r7^-iT^:::£]^N:£^^ ^_ /" ',..-^ /YD^UA..JaXX ^^ 6^ff~€^ ~T~ 8 9 10 11 12 13 14 STREET ADDRESS ^^0-^ U-t^ C-'r- ,'(^^U^Ct' ^^ 3S^\^L^^^-? fP /5fc »Y..(^^ ;A-^<f:. LUL.d'A ^•^A^ kSr^W^V^^ftJ~~^- 5''^-<v\T<^\o^-L^^-—- ^'L7/ C-h^ptv, J <-. . ^(.^2 F-FOR A-AGAINST //^n<)/4t- /^cy/"A^. /•ky.n^t £-^«+U4U</ .^rp^T" • t<J\ 'x:'\\v^ Cl\C^\.^ ^\^-~ —r ADMINISTRATION Memo To: Honorable Mayor Hall Board of Trustees Through: Town Administrator Machalek From: Carlie Bangs, Housing & Childcare Manager Date: November 26, 2024 RE: 6E Funding Request for the EVICS Family Resource Center (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Expenditure QUASI-JUDICIAL YES NO Objective: Consider the expenditure of 6E funds to cover the funding amount that the EVICS Family Resource Center (EVICS) distributed in tuition assistance awards from January through April 2024, a portion of which EVICS reported came from their reserves. According to EVICS, this amount was $38,260. Present Situation: The EVICS Childcare Scholarship program was developed in 2006 and provides temporary childcare and preschool tuition assistance to Estes Park families who demonstrate financial need and for whom other funding sources are not available. Applicants of the EVICS Childcare Scholarship program are first reviewed to see if they may qualify for the Colorado Childcare Assistance Program (CCAP). EVICS received $100,000 for tuition assistance in 2023, with $50,000 going directly to scholarship awards. In December 2023, staff requested a report on the 2023 distribution of 6E funds so we had a better understanding of how the funds were used prior to awarding additional funding. The report was received by the Town on February 25, 2024. Earlier in the month, due to budget constraints, the Larimer County Department of Human Services implemented an immediate enrollment freeze for the Colorado Childcare Assistance Program (CCAP). Due to the uncertainty of funding assistance throughout the county, a hold on the distribution of 6E funds for tuition assistance was put in place. Early Childhood Council of Larimer County and United Way of Larimer County discussed with the Town and EVICS the usability funds and fundraising efforts for Larimer County to step in during the freeze, but ultimately neither countywide organization was in a place to step in. Between January and April, as these conversations occurred, EVICS continued to distribute awards and process applications, dipping into their reserves to provide essential support and financial consistency for families and childcare providers. The Town and EVICS collaborated on financial projections for the upcoming year and began preparing their application for 6E Funding, taking into account the CCAP funding freeze and planning for reimbursement of funds in 2024. On May 28, 2024, the Town Board reviewed the application for 2024 funding (attached), in which EVICS requested $200,000 to cover the anticipated tuition assistance awards. The total projected distribution for the year was $213,950. EVICS planned to use a grant of $15,000 secured to cover the remaining balance. The Town Board awarded EVICS $150,000 for tuition assistance, to be granted in two installments. The second installment of $75,000 was recently granted in October. The Town Board’s decision to provide $150,000 included a discussion to consider granting an additional $50,000 at a later date to help cover the funds distributed from January through April, thus replenishing the reserve funds they used while awaiting 6E funding. Staff is bringing the question whether to replenish the amount EVICS used from its reserves to fund tuition assistance at the Mayor's request at the last Town Board meeting. EVICS has distributed $130,000 in assistance this year through September to local families. Of that, $57,000 in 6E funds have served families that would have been eligible for CCAP. Proposal: Consider the request to reimburse EVICS for funds distributed for tuition assistance during the months of January through April from their reserves in the amount of $38,260. The total 2024 distribution of 6E funds to EVICS for tuition assistance would equal $188,260. Advantages: • Funding assistance that directly impacts families and childcare providers in the Estes Valley. Disadvantages: • 6E expenditures affect the availability of funds for other grant distribution at the end of the year. Action Recommended: Approval of the 6E Expenditure to EVICS Family Resource Center Finance/Resource Impact: $38,260 expenditure from 6E Workforce Housing and Childcare Lodging Tax 270-1948- 419.29-75 Level of Public Interest Moderate. Sample Motion: I move for the approval/denial of the 6E Expenditure to EVICS Family Resource Center. Attachments: 1.Financial Summary 2.EVICS 2023 Tuition Assistance Report 3.EVICS Mid-year 2024 Tuition Assistance Report 4.2024 EVICS Childcare Funding Application 5.Addendum to 2024 EVICS Childcare Funding Application Month 2024 Award 2024 # Families 2023 Award 2023 # Families 1- January $12,504.05 26 $4,969.55 9 2- February $14,219.50 27 $6,279.55 10 3- March $11,240.15 27 $7,691.55 11 4- April $13,965.20 27 $7,788.45 15 5- May $12,584.75 27 $10,916.45 18 6- June $13,108.91 22 $11,266.10 19 7- July $17,295.78 26 $10,203.60 19 8- August $18,971.78 36 $13,907.10 22 9- September $15,978.56 27 $8,906.05 15 10- October $9,367.05 16 11- November $9,059.05 18 12- December $10,728.15 23 ATTACHMENT 1 In 2023, EVICS Family Resource Center experienced a year of significant growth in services and support for our families in the Estes Valley. Staying true to our mission of supporting family prosperity in the Estes Valley focus was set on strategic planning and setting actionable goals that fortified our services and reaffirmed our organizational values. With the easing of pandemic restrictions in 2023, we expanded our programming to meet the community's eagerness for engagement and adaptability to ongoing changes. In collaboration with the Town of Estes Park and 6E funding, we enhanced our Tuition Assistance program, providing increased financial support to working families seeking quality childcare. With a total spend of $111,000 in Tuition Assistance it is clear we saw an increased need for monetary assistance to secure childcare in the Estes Community. The EVICS Tuition Assistance program, guided by qualifications and principles akin to CCAP and LCCF, adopts a personalized approach, reflecting our commitment to comprehensive family services. Understanding the dual need for affordability and quality in childcare, EVICS remains dedicated to helping Estes Park families navigate these challenges and ensure the success of their children. Our engagement with community partners, stakeholders, donors, board members, and the families we serve reinforced EVICS as a cornerstone of trust within the Estes Valley. Our dedication to inclusivity, support, and connection has further cemented EVICS as a trusted partner and advocate for children and families. 6E IMPACT REPORT 2023 EVICS Tuition Assistance 970-586-3055 EVICS EXECUTIVE SUMMARY EVICS.org ATTACHMENT 2 In July 2023, EVICS Family Resource Center submitted a request to the Town of Estes Park for $100,000 in support, divided equally between supplementing tuition assistance for local families and funding a Tuition Assistance Navigator position. With the town's approval, priority was given to direct tuition assistance, addressing the increased demand evidenced by the $55,000 already distributed by EVICS at the time of the application. This need was further amplified by the educational efforts and promotion of the Tuition Assistance Program, particularly following the 6E approval and outreach to the workforce and Spanish-speaking community. The application process for EVICS Tuition Assistance serves as an interim solution while families are supported in qualifying for other programs like CCAP and LCCF. However, in 2023, challenges such as legal issues, documentation barriers, and seasonal employment fluctuations led to a high rate of CCAP application denials. The Tuition Assistance Navigator played a crucial role in assisting families with these hurdles, ensuring they had the necessary support and documentation to reapply when circumstances allowed. With the additional 6E funds, EVICS was able to maintain assistance for families ineligible for other funding sources, demonstrating the program's adaptability and commitment to the community's needs. EVICS Tuition Assistance Funding Summary $750,000 Hoping to help 123-456-7890hello@reallygreatsite.com FINANCIAL SUMMARY 6E IMPACT REPORT 2023 EVICS Tuition Assistance $750,000 Hoping to help 123-456-7890hello@reallygreatsite.com FINANCIAL SUMMARY 6E IMPACT REPORT 2023 EVICS Tuition Assistance See Data in Tuition Assistance 2023 PDF attached Points to note: Mountaintop Childcare serves largest number of families with Tuition Assistance support. EVICS and Mountaintop work closely to complete follow up and follow through to help support registered families on applying for additional tuition support. A decline in dollars spent in September as we saw UPK begin. Due to the required holding of UPK space at preschools a drop in enrollment was experienced. Now that the UPK program has ongoing availability and enrollment we are able to get families signed up at the time their child is elibible by age and enrollment. 970-586-3055 QUICK STATISTICS DETAILS $111K Families supported 36 Tuition Assistance support given 2023 Tuition Assistance Total $ distributed to to providers for families in TA program Families approved through EVICS Application process to receive TA support $50K in 6E funds approved 7/2023 for extension of TA support through EVICS Support was able to be increased to more families in 2023 over any other year Significant increase in need over 2021 and 2022. 23 Families receiving TA support Current families endrolled in TA With additional 6E funds EVICS was able to increase support to local families 10 Families on TA program 1/2023 compared to 23 12/2023 12 Families applied but declined TA Families applied but did not qualify for Tuition Assistion support from EVICS Families put on follow up rotation to reapply. Income was too great at time of application to qualify for the program 57 Tuition Applications received Application collected and processed for TA support Word of mouth and community connections have increased trust in EVICS Applications increased by almost 2x because of outreach for TA program OUTCOME 6E IMPACT REPORT 2023 EVICS Tuition Assistance EVICS.org Hoping to help 123-456-7890hello@reallygreatsite.com CHALLENGES AND INSIGHTS GAINED Cost of Living: Expanding tuition assistance in Estes Park faces the challenge of incorporating the high cost of living into eligibility assessments. The Family Advocacy Coalition (FAC) has highlighted affordability as a critical obstacle for families, with childcare costs being a prominent example. The EVICS program is vital for families affected by seasonal employment fluctuations, which often disqualify them from other forms of support. Currently, there is no established method to factor in living expenses, business ownership, or personal debts. Applicant income is verified by obtaining 30 days of current pay stubs or the like and using the Federal Poverty Calculator with the gross income to determine eligibility and parent copay amounts. This process requires significant management and follow up to ensure EVICS is gaining a fair and accurate picture of the family’s total income. Collaborative efforts with partner organizations are underway to understand how other debts and expenses are considered in similar programs. The key takeaway is the necessity of developing a system that acknowledges the unique costs associated with mountain community living which significantly impact family budgets. Seasonality: With the known challenges of seasonal employment and income fluctuations capturing an accurate income for those in the service industry required continuous ‘pulling’ of income verification. The EVICS tuition assistance program is crucial for families to maintain employment amidst seasonal work and fluctuating incomes. Other Tuition Assistance sources: CCCAP: CCAP eligibility and application process presents significant challenges for many of our families that are enrolled in Tuition Assistance. Factors include seasonal employment, legal issues that disqualify families (i.e. separation/divorce in process, custody disputes, adoptions, guardianship, etc.), parental citizenship and documentation (CCAP does not allow for undocumented parents/guardians to apply, nor those that are in the citizenship process. Another barrier, is that if you are a citizen who is sponsoring a family member in the citizenship process it is advised to not receive state, federal or county assistance). EVICS currently has 23 families receiving tuition assistance only 10 of these current families are eligible for CCAP. 6 of these families were in the application process when the Larimer County CCAP Freeze took place. 4 were still in the first months of their EVICS Tuition Assistance Award and eligibility is unknown. Our families that have been approved for CCAP in Larimer County have reported alarmingly high parent copays compared to what they are currently approved for with EVICS. One family seeing an increase of $500 of what they are currently paying. In some circumstances, EVICS agreed to help CCAP recipients with the gap coverage to offset the cost. 6E IMPACT REPORT 2023 EVICS Tuition Assistance 6E IMPACT REPORT MONTH AND YEAR Tuition Assistance 2023 Hoping to help 123-456-7890hello@reallygreatsite.com CHALLENGES AND INSIGHTS GAINED CONTINUED CCAP reports to assist families that fall below 185% of the Federal Poverty Level and under 85% of the state median income. At EVICS our Tuition Assistance recipients for 2023 all fall under 65% of Average Median Income (AMI). While 97% of 2023 recipients are 165% land below the Federal Poverty Level (FPL). Despite all recipient families falling below 65% of the Average Median Income and 97% below 165% of the Federal Poverty Level, complexities in eligibility criteria prevent many from qualifying for additional funding through the CCAP program. LCCF: The Larimer County Childcare Fund (LCCF) intended to expand eligibility but fell short in supporting local Estes Valley families, with issues in application follow-up and rapid expenditure of funds. Our office guided families to apply for LCCF to at least be placed on their waitlist. Currently only 1 family receives any funding from LCCF, they were extended from 2022. 2 Estes Park families are on the LCCF waiting list. Other families that EVICS has assisted with LCCF applications have not reported any communication or notification of movement on the waitlist orm aid availability. UPK: Universal Pre-Kindergarten was implemented with immense challenges and was ultimately underfunded for some of the intended programming, such as coverage for eligible 3 year-olds. UPK also replaced and altered the funding format for preschool slots. The payment system to providers was confusing. This complicated the landscape of childcare and made fragile the availability of slots and planning by providers. We work closely with providers approved for UPK funding to find places for these children (4-5 years old) to attend the UPK programs. A challenge has been that some parents have declined UPK due to only being approved for ½ day UPK at 1 location and needing to find care for the other half of the day. Transportation between two childcare facilities is unavailable and has led to keeping the child at the original provider. EVICS tracks UPK spaces at Mountaintop Childcare, and the YMCA program and continuously encourages parents to enroll. Eligibility for Estes Valley Working Families: EVICS had to turn away 12-15 families who were applying for Tuition Assistance support because they qualified just at or over 185% of the FPL. Thus requiring they have pay a parent copay of 13-15% of their monthly income. In many cases this amount would be equal to or exceed the cost of childcare they were receiving. In follow up with these families it was learned that some were able to put together childcare with adjusted parent schedules, favors from neighbors or friends, or some chose to have a parent leave or alter employment to be home for their children. Hoping to help 123-456-7890hello@reallygreatsite.com CHALLENGES AND INSIGHTS GAINED CONTINUED It’s New!: The new 6E funding presents a challenge due to its novelty and the ongoing development of related procedures, policies, and allocations. Ensuring that the funding's goals align with actual needs of our working families requires diligent monitoring and follow-up. The T.A. Navigator role is key in maintaining close connections with families, understanding their needs, and assessing the impact of support on their wellbeing and participation. This role also facilitates communication with the Housing and Childcare Manager, highlighting issues such as the increased parent fee for CCAP-approved families, and how the 6E funding can bridge affordability gaps, thereby contributing to sustainable tuition assistance. Establishing clear direction and securing consistent funding are crucial for the strategic growth and expansion of EVICS's tuition assistance services. Consistent funding ensures the ability to meet family needs and adapt to the evolving childcare landscape, while the T.A. Navigator's data monitoring informs the program's impact and guides future planning for efficient fund utilization and leveraging additional support. 6E IMPACT REPORT 2023 EVICS Tuition Assistance Hoping to help 123-456-7890hello@reallygreatsite.com In short, the future goal of the EVICS Tuition Assistance program should be to ensure that affordability of childcare for our local workforce is never a barrier. The EVICS Tuition Assistance program is committed to a future that ensures that childcare affordability is never an obstacle for the local workforce. With the strategic use of 6E allocation funding, the program aims to expand tuition assistance, anticipating an increase in demand as the community grows and other funding sources are halted. The T.A. Navigator's role in tracking data is crucial for guiding the program's future and ensuring funds are used effectively. Efforts to streamline and create efficiency in the application and and the eligibility process are ongoing, with the aim to serve more families without compromising the program's success. Past challenges have underscored the importance of reliable funding to support families through various crises, allowing the program to pivot and fill gaps in affordability when necessary. EVICS Family Resource Centerwould love to see: Increased eligibility for families seeking tuition assistance at our local level that is ongoing and consistent To be able to serve those working families that are right along the threshold of tuition assistance eligibility and are expending 15% of their income To see providers being able to bill a state average cost of care to families without worry of losing business For providers to be able to bill for spaces held for the child versus on attendance to create a more consistent income Increased infant and toddler spots in facilities and home care A renewed interest in the childcare profession here locally because it is a well compensated and supported field Thank you! Please direct any inquiries or questions about this report to: Garett Faillaci - Tuition Assistance Navigator garrett@evics.org 970-586-3055 6E IMPACT REPORT MONTH AND YEAR Tuition Assistance 2023 THE FUTURE! ATTACHMENT 3 ATTACHMENT 4 Estes Valley Investment in Childhood Success PO Box 3373 Estes Park, CO 80517 Estes Valley Investment in Childhood Success: Enclosed is the organization's 2022 Exempt Organization return. Specific filing instructions are as follows. FORM 990 RETURN: This return has qualified for electronic filing. After you have reviewed the return for completeness and accuracy, please sign, date and return Form 8879-TE to our office. We will transmit the return electronically to the IRS and no further action is required. Return Form 8879-TE to us by November 15, 2023. Kind regards, MUELLER PYE & ASSOCIATES CPA LLC OMB No. 1545-0047 Form For calendar year 2022, or fiscal year beginning , 2022, and ending , 20 Department of the Treasury Internal Revenue Service Signature of officer or person subject to tax 202521 12-16-22 EIN or SSN Enter five numbers, butdo not enter all zerosERO firm name Do not enter all zeros Do not send to the IRS. Keep for your records. Go to www.irs.gov/Form8879TE for the latest information. 1a, 2a, 3a, 4a, 5a, 6a, 7a, 8a, 9a, 10a 1b, 2b, 3b, 4b, 5b, 6b, 7b, 8b, 9b,10b, Do not 1a 2a 3a 4a 5a 6a 7a 8a 9a 10a Form 990 Form 990-EZ Form 1120-POL b Total revenue, 1b 2b 3b 4b 5b 6b 7b 8b 9b 10b b Total revenue, b Total tax Form 990-PF Form 8868 b Tax based on investment income b Balance due Form 990-T b Total tax Form 4720 b Total tax Form 5227 b FMV of assets at end of tax year Form 5330 b Tax due Form 8038-CP b Amount of credit payment requested (a) (b)(c) PIN: check one box only ERO's EFIN/PIN. Pub. 4163, For Privacy Act and Paperwork Reduction Act Notice, see instructions. e-file Name of filer Name and title of officer or person subject to tax ~~~~ ~~~~~~~~~~~~~~~~~~~~ Date ERO's signature Date Form (2022) Check the box for the return for which you are using this Form 8879-TE and enter the applicable amount, if any, from the return. Form 8038-CP and Form 5330 filers may enter dollars and cents. For all other forms, enter whole dollars only. If you check the box on line or below, and the amount on that line for the return being filed with this form was blank, then leave line or whichever is applicable, blank (do not enter -0-). But, if you entered -0- on the return, then enter -0- on the applicable line below. complete more than one line in Part I. check here check here check here ~~~if any (Form 990, Part VIII, column (A), line 12)~~~~~~ ~if any (Form 990-EZ, line 9)~~~~~~~~~~~~~~~ (Form 1120-POL, line 22)~~~~~~~~~~~~~~~~~~~ check here check here ~(Form 990-PF, Part V, line 5) ~~(Form 8868, line 3c) check here ~~(Form 990-T, Part III, line 4)~~~~~~~~~~~~~~~~~~ check here ~~(Form 4720, Part III, line 1)~ check here ~~ (Form 5227, Item D) check here ~~ (Form 5330, Part II, line 19) check here (Form 8038-CP, Part III, line 22) Under penalties of perjury, I declare that I am an officer of the above entity or I am a person subject to tax with respect to (name of entity), (EIN)and that I have examined a copy of the 2022 electronic return and accompanying schedules and statements, and, to the best of my knowledge and belief, they are true, correct, andcomplete. I further declare that the amount in Part I above is the amount shown on the copy of the electronic return. I consent to allow myintermediate service provider, transmitter, or electronic return originator (ERO) to send the return to the IRS and to receive from the IRS anacknowledgement of receipt or reason for rejection of the transmission, the reason for any delay in processing the return or refund, and the dateof any refund. If applicable, I authorize the U.S. Treasury and its designated Financial Agent to initiate an electronic funds withdrawal (direct debit)entry to the financial institution account indicated in the tax preparation software for payment of the federal taxes owed on this return, and thefinancial institution to debit the entry to this account. To revoke a payment, I must contact the U.S. Treasury Financial Agent at 1-888-353-4537 nolater than 2 business days prior to the payment (settlement) date. I also authorize the financial institutions involved in the processing of the electronicpayment of taxes to receive confidential information necessary to answer inquiries and resolve issues related to the payment. I have selected apersonal identification number (PIN) as my signature for the electronic return and, if applicable, the consent to electronic funds withdrawal. I authorize to enter my PIN as my signature on the tax year 2022 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I also authorize the aforementioned ERO to enter my PIN on the return's disclosure consent screen. As an officer or person subject to tax with respect to the entity, I will enter my PIN as my signature on the tax year 2022 electronically filed return. If I have indicated within this return that a copy of the return is being filed with a state agency(ies) regulating charities as part of the IRS Fed/State program, I will enter my PIN on the return's disclosure consent screen. Enter your six-digit electronic filing identification number (EFIN) followed by your five-digit self-selected PIN. I certify that the above numeric entry is my PIN, which is my signature on the 2022 electronically filed return indicated above. I confirm that I am submitting this return in accordance with the requirements of Modernized e-File (MeF) Information for Authorized IRS Providers for Business Returns. LHA Part I Type of Return and Return Information Part II Declaration and Signature Authorization of Officer or Person Subject to Tax Part III Certification and Authentication ERO Must Retain This Form - See Instructions Do Not Submit This Form to the IRS Unless Requested To Do So 8879-TE IRS e-file Signature Authorizationfor a Tax Exempt Entity8879-TE 2022                            ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 288,302.X X MUELLER PYE & ASSOCIATES CPA LLC 12345 EXECUTIVE DIRECTOR 84555882077 08/23/23 LAURIE A DALE MARSHALL PAUL MUELLER X Check if self-employed Department of the TreasuryInternal Revenue Service Check ifapplicable: Addresschange Namechange Initialreturn Finalreturn/termin-ated Gross receipts $ Amendedreturn Applica-tionpending Are all subordinates included? 232001 12-13-22 OMB No. 1545-0047 Beginning of Current Year Paid Preparer Use Only Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) Do not enter social security numbers on this form as it may be made public.Open to Public InspectionGo to www.irs.gov/Form990 for instructions and the latest information. A For the 2022 calendar year, or tax year beginning and ending B C D Employer identification number E G H(a) H(b) H(c) F Yes No Yes No I J K Website: L M 1 2 3 4 5 6 7 3 4 5 6 7a 7b a b Ac t i v i t i e s & G o v e r n a n c e Prior Year Current Year 8 9 10 11 12 13 14 15 16 17 18 19 Re v e n u e a bEx p e n s e s End of Year 20 21 22 Sign Here Yes No For Paperwork Reduction Act Notice, see the separate instructions. (or P.O. box if mail is not delivered to street address)Room/suite )501(c)(3)501(c) ((insert no.)4947(a)(1) or 527 Corporation Trust Association OtherForm of organization:Year of formation:State of legal domicile: Ne t A s s e t s o r Fu n d B a l a n c e s Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. Signature of officer Date Type or print name and title Date PTINPrint/Type preparer's name Preparer's signature Firm's name Firm's EIN Firm's address Phone no. Form Name of organization Doing business as Number and street Telephone number City or town, state or province, country, and ZIP or foreign postal code Is this a group return for subordinates?Name and address of principal officer:~~ If "No," attach a list. See instructions Group exemption number Tax-exempt status: Briefly describe the organization's mission or most significant activities: Check this box if the organization discontinued its operations or disposed of more than 25% of its net assets. Number of voting members of the governing body (Part VI, line 1a) Number of independent voting members of the governing body (Part VI, line 1b) Total number of individuals employed in calendar year 2022 (Part V, line 2a) ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~ Total number of volunteers (estimate if necessary) Total unrelated business revenue from Part VIII, column (C), line 12 Net unrelated business taxable income from Form 990-T, Part I, line 11 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~  Contributions and grants (Part VIII, line 1h)~~~~~~~~~~~~~~~~~~~~~ Program service revenue (Part VIII, line 2g)~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~Investment income (Part VIII, column (A), lines 3, 4, and 7d) Other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9c, 10c, and 11e)~~~~~~~~ Total revenue - add lines 8 through 11 (must equal Part VIII, column (A), line 12) Grants and similar amounts paid (Part IX, column (A), lines 1-3) Benefits paid to or for members (Part IX, column (A), line 4) Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10) ~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~ Professional fundraising fees (Part IX, column (A), line 11e) Total fundraising expenses (Part IX, column (D), line 25) ~~~~~~~~~~~~~~ Other expenses (Part IX, column (A), lines 11a-11d, 11f-24e) Total expenses. Add lines 13-17 (must equal Part IX, column (A), line 25) Revenue less expenses. Subtract line 18 from line 12 ~~~~~~~~~~~~~ ~~~~~~~  Total assets (Part X, line 16) Total liabilities (Part X, line 26) Net assets or fund balances. Subtract line 21 from line 20 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~  May the IRS discuss this return with the preparer shown above? See instructions  LHA Form (2022) Part I Summary Signature BlockPart II 990 Return of Organization Exempt From Income Tax990 2022                                   ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 970-586-3055PO BOX 3373 288,302. ESTES PARK, CO 80517 XLAURIE DALE MARSHALL EVICS WWW.EVICS.ORG X 2000 CO TO PROVIDE SERVICES TO 10 10 9 0 0. 0. 285,866. 1,175. 1,261. 0. 269,478.288,302. 0. 0. 200,210. 0. 5,309. 143,256. 346,427.343,466. -76,949.-55,164. 315,107.252,987. 1,175.1,129. 313,932.251,858. LAURIE DALE MARSHALL, EXECUTIVE DIRECTOR P00004177PAUL F MUELLER 26-3325369MUELLER PYE & ASSOCIATES CPA LLC 2802 MADISON SQUARE DRIVE #120 LOVELAND, CO 80538 970-667-1070 X 1182 GRAVES AVE UNIT A, ESTES PARK, CO 8051 STRENGTHEN & SUPPORT CHILDREN & FAMILIES IN THE EARLY YEARS OF LIFE. X 269,282. 0. 196. 0. 0. 0. 196,873. 0. 149,554. PAUL F MUELLER 08/23/23 Code:Expenses $including grants of $Revenue $ Code:Expenses $including grants of $Revenue $ Code:Expenses $including grants of $Revenue $ Expenses $including grants of $Revenue $ 232002 12-13-22 1 2 3 4 Yes No Yes No 4a 4b 4c 4d 4e Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part III  Briefly describe the organization's mission: Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990-EZ? If "Yes," describe these new services on Schedule O. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization cease conducting, or make significant changes in how it conducts, any program services? If "Yes," describe these changes on Schedule O. ~~~~~~ Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses. Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others, the total expenses, and revenue, if any, for each program service reported. () ()() () ()() () ()() Other program services (Describe on Schedule O.) ()() Total program service expenses Form (2022) 2 Statement of Program Service AccomplishmentsPart III 990         TO PROVIDE SERVICES TO STRENGTHEN AND SUPPORT CHILDREN AND FAMILIES IN X X THE EARLY YEARS OF LIFE. 231,576.112,110.45,721. (HOUSEHOLDS) - 13 FAMILIES ACCOMPLISHED DEVELOPMENT GOALS - 213 ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 FAMILY STRENGTHENIG PROGRAM AXXOMPLISHMENTS: 47 ACTIVE INTAKES DIFFERENT SERVICES PROVIDED (INDIVIDUAL OR FAMILY) - INCLUSIVE OF WEEKLY & MONTHLY PLAYGROUPS, PROGRAMS, CLASSES; SPECIALPROGRAMS, EVICS SERVED 750 PEOPLE OF THE ESTES VALLEY IN 2022. 49,749.27,022.1,980. CHILDCARE TUITION ASSISTANCE: MORE THAN $44,000 IN TUITION ASSISTANCE ENGLISH AS A SECOND LANGUAGE: STARTED WITH 1 TEACHER AND 8 STUDENTS - GROWN TO 6 VOLUNTEER TEACHERS, OVER 75 ATTENDEES, 3 LEVELS OF CLASSES PLUS TUTORING GROUPS - LARGE WAITLIST - ADDITIONAL LANGUAGES (RUSSIAN & UKRAINIAN) - 7 PROVIDERS REGISTERED - 37 FAMILIES APPLIED FOR TUITION ASSISTANCE - SUPPORTED APPLICATIONS FOR CCAP AND LCCF THE FAMILY DEVELOPMENT PROGRAM FOCUSES ON FAMILIES OR INDIVIDUALS ESTABLISHING A PARTNERSHIP WITH A TRAINED FAMILY ADVOCATE TO SET GOALS USING A STRENGTHS-BASED FAMILY-CENTERED APPROACH TO IMPROVE HEALTH AND WELL-BEING. 281,325. 232003 12-13-22 Yes No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 6 7 8 9 10 Section 501(c)(3) organizations. a b c d e f a b 11a 11b 11c 11d 11e 11f 12a 12b 13 14a 14b 15 16 17 18 19 20a 20b 21 a b 20 21 a b If "Yes," complete Schedule A Schedule B, Schedule of Contributors If "Yes," complete Schedule C, Part I If "Yes," complete Schedule C, Part II If "Yes," complete Schedule C, Part III If "Yes," complete Schedule D, Part I If "Yes," complete Schedule D, Part II If "Yes," complete Schedule D, Part III If "Yes," complete Schedule D, Part IV If "Yes," complete Schedule D, Part V If "Yes," complete Schedule D, Part VI If "Yes," complete Schedule D, Part VII If "Yes," complete Schedule D, Part VIII If "Yes," complete Schedule D, Part IX If "Yes," complete Schedule D, Part X If "Yes," complete Schedule D, Part X If "Yes," complete Schedule D, Parts XI and XII If "Yes," and if the organization answered "No" to line 12a, then completing Schedule D, Parts XI and XII is optional If "Yes," complete Schedule E If "Yes," complete Schedule F, Parts I and IV If "Yes," complete Schedule F, Parts II and IV If "Yes," complete Schedule F, Parts III and IV If "Yes," complete Schedule G, Part I. If "Yes," complete Schedule G, Part II If "Yes," complete Schedule G, Part III If "Yes," complete Schedule H If "Yes," complete Schedule I, Parts I and II Form 990 (2022)Page Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Is the organization required to complete ? See instructions Did the organization engage in direct or indirect political campaign activities on behalf of or in opposition to candidates for public office? ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization engage in lobbying activities, or have a section 501(h) election in effect during the tax year? Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or similar amounts as defined in Rev. Proc. 98-19? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures? Did the organization maintain collections of works of art, historical treasures, or other similar assets? ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report an amount in Part X, line 21, for escrow or custodial account liability, serve as a custodian for amounts not listed in Part X; or provide credit counseling, debt management, credit repair, or debt negotiation services? Did the organization, directly or through a related organization, hold assets in donor-restricted endowments or in quasi endowments? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization's answer to any of the following questions is "Yes," then complete Schedule D, Parts VI, VII, VIII, IX, or X, as applicable. Did the organization report an amount for land, buildings, and equipment in Part X, line 10? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report an amount for investments - other securities in Part X, line 12, that is 5% or more of its total assets reported in Part X, line 16? Did the organization report an amount for investments - program related in Part X, line 13, that is 5% or more of its total assets reported in Part X, line 16? ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report an amount for other assets in Part X, line 15, that is 5% or more of its total assets reported in Part X, line 16? Did the organization report an amount for other liabilities in Part X, line 25? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses the organization's liability for uncertain tax positions under FIN 48 (ASC 740)? Did the organization obtain separate, independent audited financial statements for the tax year? ~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Was the organization included in consolidated, independent audited financial statements for the tax year? ~~~~~ Is the organization a school described in section 170(b)(1)(A)(ii)? Did the organization maintain an office, employees, or agents outside of the United States? ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~ Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States, or aggregate foreign investments valued at $100,000 or more? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or for any foreign organization? Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX, column (A), lines 6 and 11e? See instructions ~~~~~~~~~~~~~~~~~~~~ Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII, lines 1c and 8a? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report more than $15,000 of gross income from gaming activities on Part VIII, line 9a? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization operate one or more hospital facilities? ~~~~~~~~~~~~~~~~~ If "Yes" to line 20a, did the organization attach a copy of its audited financial statements to this return?~~~~~~~~~~ Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government on Part IX, column (A), line 1? ~~~~~~~~~~~~~~ Form (2022) 3 Part IV Checklist of Required Schedules 990 X X X X X X X X X X X X X X X X X X X X X X X X X X X X ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 232004 12-13-22 Yes No 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 22 23 24a 24b 24c 24d 25a 25b 26 27 28a 28b 28c 29 30 31 32 33 34 35a 35b 36 37 38 a b c d a b Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations. a b c a b Section 501(c)(3) organizations. Note: Yes No 1 a b c 1a 1b 1c (continued) If "Yes," complete Schedule I, Parts I and III If "Yes," complete Schedule J If "Yes," answer lines 24b through 24d and complete Schedule K. If "No," go to line 25a If "Yes," complete Schedule L, Part I If "Yes," complete Schedule L, Part I If "Yes," complete Schedule L, Part II If "Yes," complete Schedule L, Part III If "Yes," complete Schedule L, Part IV If "Yes," complete Schedule L, Part IV If "Yes," complete Schedule L, Part IV If "Yes," complete Schedule M If "Yes," complete Schedule M If "Yes," complete Schedule N, Part I If "Yes," complete Schedule N, Part II If "Yes," complete Schedule R, Part I If "Yes," complete Schedule R, Part II, III, or IV, and Part V, line 1 If "Yes," complete Schedule R, Part V, line 2 If "Yes," complete Schedule R, Part V, line 2 If "Yes," complete Schedule R, Part VI Form 990 (2022)Page Did the organization report more than $5,000 of grants or other assistance to or for domestic individuals on Part IX, column (A), line 2? ~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization answer "Yes" to Part VII, Section A, line 3, 4, or 5, about compensation of the organization's current and former officers, directors, trustees, key employees, and highest compensated employees? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception? Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? Did the organization act as an "on behalf of" issuer for bonds outstanding at any time during the year? ~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ Did the organization engage in an excess benefit transaction with a disqualified person during the year? Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization's prior Forms 990 or 990-EZ? ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization report any amount on Part X, line 5 or 22, for receivables from or payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons?~~~~~~~~~~~~~ Did the organization provide a grant or other assistance to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity (including an employee thereof) or family member of any of these persons? ~~~ Was the organization a party to a business transaction with one of the following parties (see the Schedule L, Part IV, instructions for applicable filing thresholds, conditions, and exceptions): A current or former officer, director, trustee, key employee, creator or founder, or substantial contributor? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ A family member of any individual described in line 28a? A 35% controlled entity of one or more individuals and/or organizations described in line 28a or 28b? ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization receive more than $25,000 in non-cash contributions? Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? ~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization liquidate, terminate, or dissolve and cease operations? Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? ~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301.7701-3? Was the organization related to any tax-exempt or taxable entity? ~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have a controlled entity within the meaning of section 512(b)(13)? If "Yes" to line 35a, did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)? ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ Did the organization make any transfers to an exempt non-charitable related organization? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? ~~~~~~~~ Did the organization complete Schedule O and provide explanations on Schedule O for Part VI, lines 11b and 19? All Form 990 filers are required to complete Schedule O  Check if Schedule O contains a response or note to any line in this Part V  Enter the number reported in box 3 of Form 1096. Enter -0- if not applicable ~~~~~~~~~~~ Enter the number of Forms W-2G included on line 1a. Enter -0- if not applicable ~~~~~~~~~~ Did the organization comply with backup withholding rules for reportable payments to vendors and reportable gaming (gambling) winnings to prize winners? Form (2022) 4 Part IV Checklist of Required Schedules Part V Statements Regarding Other IRS Filings and Tax Compliance 990   X X X X X X X X X X X X ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 1 0 X X X X X X X X 232005 12-13-22 Yes No 2 3 4 5 6 7 a b 2a 2b 3a 3b 4a 5a 5b 5c 6a 6b 7a 7b 7c 7e 7f 7g 7h 8 9a 9b a b a b a b c a b Organizations that may receive deductible contributions under section 170(c). a b c d e f g h 7d 8 9 10 11 12 13 14 15 16 17 Sponsoring organizations maintaining donor advised funds. Sponsoring organizations maintaining donor advised funds. a b Section 501(c)(7) organizations. a b 10a 10b Section 501(c)(12) organizations. a b 11a 11b a b Section 4947(a)(1) non-exempt charitable trusts. 12a 12b Section 501(c)(29) qualified nonprofit health insurance issuers. Note: a b c a b 13a 13b 13c 14a 14b 15 16 17 Section 501(c)(21) organizations. ~~~~~~~~~~~~~~~~~~~ (continued) If "No" to line 3b, provide an explanation on Schedule O If "No," provide an explanation on Schedule O Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods and services provided to the payor? Form (2022) Form 990 (2022)Page Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements, filed for the calendar year ending with or within the year covered by this return ~~~~~~~~~~ If at least one is reported on line 2a, did the organization file all required federal employment tax returns?~~~~~~~~~~ Did the organization have unrelated business gross income of $1,000 or more during the year? If "Yes," has it filed a Form 990-T for this year? ~~~~~~~~~~~~~~ ~~~~~~~~~~ At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a financial account in a foreign country (such as a bank account, securities account, or other financial account)?~~~~~~~ If "Yes," enter the name of the foreign country See instructions for filing requirements for FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR). Was the organization a party to a prohibited tax shelter transaction at any time during the tax year? Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? ~~~~~~~~~~~~ ~~~~~~~~~ If "Yes" to line 5a or 5b, did the organization file Form 8886-T?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization solicit any contributions that were not tax deductible as charitable contributions? If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? ~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," did the organization notify the donor of the value of the goods or services provided? Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282? ~~~~~~~~~~~~~~~  If "Yes," indicate the number of Forms 8282 filed during the year Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? ~~~~~~~~~~~~~~~~ ~~~~~~~ ~~~~~~~~~Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required? If the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a Form 1098-C? ~ Did a donor advised fund maintained by the sponsoring organization have excess business holdings at any time during the year?~~~~~~~~~~~~~~~~~~~ Did the sponsoring organization make any taxable distributions under section 4966? Did the sponsoring organization make a distribution to a donor, donor advisor, or related person? ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Enter: Initiation fees and capital contributions included on Part VIII, line 12 Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facilities ~~~~~~~~~~~~~~~ ~~~~~~ Enter: Gross income from members or shareholders Gross income from other sources. (Do not net amounts due or paid to other sources against amounts due or received from them.) ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Is the organization filing Form 990 in lieu of Form 1041? If "Yes," enter the amount of tax-exempt interest received or accrued during the year  Is the organization licensed to issue qualified health plans in more than one state? See the instructions for additional information the organization must report on Schedule O. ~~~~~~~~~~~~~~~~~~~~~ Enter the amount of reserves the organization is required to maintain by the states in which the organization is licensed to issue qualified health plans Enter the amount of reserves on hand ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization receive any payments for indoor tanning services during the tax year? If "Yes," has it filed a Form 720 to report these payments? ~~~~~~~~~~~~~~~~ ~~~~~~~~~ Is the organization subject to the section 4960 tax on payment(s) of more than $1,000,000 in remuneration or excess parachute payment(s) during the year? If "Yes," see the instructions and file Form 4720, Schedule N. Is the organization an educational institution subject to the section 4968 excise tax on net investment income? If "Yes," complete Form 4720, Schedule O. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ Did the trust, or any disqualified or other person engage in any activities that would result in the imposition of an excise tax under section 4951, 4952 or 4953? If "Yes," complete Form 6069. 5 Part V Statements Regarding Other IRS Filings and Tax Compliance 990 X X X X X X X X X X 9 ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 X 232006 12-13-22 Yes No 1a 1b 1 2 3 4 5 6 7 8 9 a b 2 3 4 5 6 7a 7b 8a 8b 9 a b a b Yes No 10 11 a b 10a 10b 11a 12a 12b 12c 13 14 15a 15b 16a 16b a b 12a b c 13 14 15 a b 16a b 17 18 19 20 For each "Yes" response to lines 2 through 7b below, and for a "No" response to line 8a, 8b, or 10b below, describe the circumstances, processes, or changes on Schedule O. See instructions. If "Yes," provide the names and addresses on Schedule O (This Section B requests information about policies not required by the Internal Revenue Code.) If "No," go to line 13 If "Yes," describe on Schedule O how this was done (explain on Schedule O) If there are material differences in voting rights among members of the governing body, or if the governing body delegated broad authority to an executive committee or similar committee, explain on Schedule O. Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts? Form (2022) Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part VI  Enter the number of voting members of the governing body at the end of the tax year Enter the number of voting members included on line 1a, above, who are independent ~~~~~~ ~~~~~~ Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers, directors, trustees, or key employees to a management company or other person?~~~~~~~~~~~~~~~ Did the organization make any significant changes to its governing documents since the prior Form 990 was filed? Did the organization become aware during the year of a significant diversion of the organization's assets? Did the organization have members or stockholders? ~~~~~ ~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the governing body? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The governing body? Each committee with authority to act on behalf of the governing body? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the organization's mailing address?  Did the organization have local chapters, branches, or affiliates? If "Yes," did the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form? Describe on Schedule O the process, if any, used by the organization to review this Form 990. Did the organization have a written conflict of interest policy? ~~~~~~~~~~~~~~~~~~~~~ ~~~~~~ Did the organization regularly and consistently monitor and enforce compliance with the policy? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization have a written whistleblower policy? Did the organization have a written document retention and destruction policy? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ Did the process for determining compensation of the following persons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? The organization's CEO, Executive Director, or top management official Other officers or key employees of the organization If "Yes" to line 15a or 15b, describe the process on Schedule O. See instructions. ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization's exempt status with respect to such arrangements? List the states with which a copy of this Form 990 is required to be filed Section 6104 requires an organization to make its Forms 1023 (1024 or 1024-A, if applicable), 990, and 990-T (section 501(c)(3)s only) available for public inspection. Indicate how you made these available. Check all that apply. Own website Another's website Upon request Other Describe on Schedule O whether (and if so, how) the organization made its governing documents, conflict of interest policy, and financial statements available to the public during the tax year. State the name, address, and telephone number of the person who possesses the organization's books and records 6 Part VI Governance, Management, and Disclosure. Section A. Governing Body and Management Section B. Policies Section C. Disclosure 990        10 10 X X X X X X X X X X X X X X X X X X X X EVICS - 970.856.3055 1182 GRAVES AVE UNIT A, ESTES PARK, CO 80517 NONE ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 X X In d i v i d u a l t r u s t e e o r d i r e c t o r In s t i t u t i o n a l t r u s t e e Of f i c e r Ke y e m p l o y e e Hi g h e s t c o m p e n s a t e d em p l o y e e Fo r m e r (do not check more than one box, unless person is both an officer and a director/trustee) 232007 12-13-22 current Section A.Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees 1a current current former former directors or trustees (A)(B)(C)(D)(E)(F) Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part VII  Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization's tax year. ¥ List all of the organization's officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation. Enter -0- in columns (D), (E), and (F) if no compensation was paid. ¥ List all of the organization's key employees, if any. See the instructions for definition of "key employee." ¥ List the organization's five highest compensated employees (other than an officer, director, trustee, or key employee) who received reportable compensation (box 5 of Form W-2, box 6 of Form 1099-MISC, and/or box 1 of Form 1099-NEC) of more than $100,000 from the organization and any related organizations. ¥ List all of the organization's officers, key employees, and highest compensated employees who received more than $100,000 ofreportable compensation from the organization and any related organizations. ¥ List all of the organization's that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations. See the instructions for the order in which to list the persons above. Check this box if neither the organization nor any related organization compensated any current officer, director, or trustee. PositionName and title Average hours per week (list any hours for related organizations below line) Reportable compensation from the organization (W-2/1099-MISC/ 1099-NEC) Reportable compensation from related organizations (W-2/1099-MISC/ 1099-NEC) Estimated amount of other compensation from the organization and related organizations Form (2022) 7 Part VII Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors 990     (1) JAN BOATMAN CHAIR (2) ERIN MILLER (3) ANASTACIA GALLOWAY REED (4) LESTA JOHNSON (5) CHRISTINA KRAFT (6) JEFF MABRY (7) KYLE PATTERSON (8) KATHLEEN HURSH (9) PATRICIA ROUNTREE (10) JANE STUART (11) HEATHER BLANCO SCHOOL DIST REP DIRECTOR DIRECTOR TREASURER DIRECTOR DIRECTOR DIRECTOR DIRECTOR SECRETARY EX-OFFICIO 5.00 1.00 1.00 1.00 3.00 1.00 1.00 1.00 1.00 3.00 1.00 X X X X X X X X X X X X X X 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 Fo r m e r In d i v i d u a l t r u s t e e o r d i r e c t o r In s t i t u t i o n a l t r u s t e e Of f i c e r Hi g h e s t c o m p e n s a t e d em p l o y e e Ke y e m p l o y e e (do not check more than one box, unless person is both an officer and a director/trustee) 232008 12-13-22 Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees (B)(C)(A)(D)(E)(F) 1 b c d Subtotal Total from continuation sheets to Part VII, Section A Total (add lines 1b and 1c) 2 Yes No 3 4 5 former 3 4 5 Section B. Independent Contractors 1 (A)(B)(C) 2 (continued) If "Yes," complete Schedule J for such individual If "Yes," complete Schedule J for such individual If "Yes," complete Schedule J for such person Page Form 990 (2022) PositionAverage hours per week (list any hours for related organizations below line) Name and title Reportable compensation from the organization (W-2/1099-MISC/ 1099-NEC) Reportable compensation from related organizations (W-2/1099-MISC/ 1099-NEC) Estimated amount of other compensation from the organization and related organizations ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~ Total number of individuals (including but not limited to those listed above) who received more than $100,000 of reportable compensation from the organization Did the organization list any officer, director, trustee, key employee, or highest compensated employee on line 1a? ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ For any individual listed on line 1a, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? ~~~~~~~~~~~~~ Did any person listed on line 1a receive or accrue compensation from any unrelated organization or individual for services rendered to the organization?  Complete this table for your five highest compensated independent contractors that received more than $100,000 of compensation from the organization. Report compensation for the calendar year ending with or within the organization's tax year. Name and business address Description of services Compensation Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 of compensation from the organization Form (2022) 8 Part VII 990 0.0.0. 0.0.0. 0 0 NONE 0.0.0. ESTES VALLEY INVESTMENT IN CHILDHOOD SUC X X X 84-1552138 Noncash contributions included in lines 1a-1f 232009 12-13-22 Business Code Business Code Total revenue. (A)(B)(C)(D) 1 a b c d e f 1 1 1 1 1 1 1 a b c d e f ggCo n t r i b u t i o n s , G i f t s , G r a n t s an d O t h e r S i m i l a r A m o u n t s h Total. a b c d e f g 2 Pr o g r a m S e r v i c e Re v e n u e Total. 3 4 5 6 a b c d 6a 6b 6c 7 a 7a 7b 7c b c d a b c 8 8a 8b 9 a b c 9a 9b 10 a b c 10a 10b Ot h e r R e v e n u e 11 a b c d e Mi s c e l l a n e o u s Re v e n u e Total. 12 Revenue excluded from tax undersections 512 - 514 All other contributions, gifts, grants, and similar amounts not included above Gross amount from sales of assets other than inventory cost or other basis and sales expenses Gross income from fundraising events See instructions Form (2022) Page Form 990 (2022) Check if Schedule O contains a response or note to any line in this Part VIII  Total revenue Related or exempt function revenue Unrelated business revenue Federated campaigns Membership dues ~~~~~ ~~~~~~~ Fundraising events Related organizations ~~~~~~~ ~~~~~ Government grants (contributions) ~ $ Add lines 1a-1f  All other program service revenue ~~~~~ Add lines 2a-2f  Investment income (including dividends, interest, and other similar amounts) Income from investment of tax-exempt bond proceeds ~~~~~~~~~~~~~~~~~~ Royalties  (i) Real (ii) Personal Gross rents Less: rental expenses Rental income or (loss) Net rental income or (loss) ~~~~~ ~  (i) Securities (ii) Other Less: Gain or (loss) ~~~ ~~~~~ Net gain or (loss) (not including $of contributions reported on line 1c). See Part IV, line 18 ~~~~~~~~~~~~ Less: direct expenses ~~~~~~~~ Net income or (loss) from fundraising events  Gross income from gaming activities. See Part IV, line 19 ~~~~~~~~~~~~ Less: direct expenses Net income or (loss) from gaming activities ~~~~~~~~  Gross sales of inventory, less returns and allowances ~~~~~~~~~~~~ Less: cost of goods sold Net income or (loss) from sales of inventory ~~~~~~~  All other revenue ~~~~~~~~~~~~~ Add lines 11a-11d   9 Part VIII Statement of Revenue 990   10,487. 30,000. 245,379. 285,866. 1,175. 1,175. 288,302.2,436.0.0. ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 864.864. 397. 0. 397. 397.397. 1,175. if following SOP 98-2 (ASC 958-720) 232010 12-13-22 Total functional expenses. Joint costs. (A)(B)(C)(D) 1 2 3 4 5 6 7 8 9 10 11 a b c d e f g 12 13 14 15 16 17 18 19 20 21 22 23 24 a b c d e 25 26 Section 501(c)(3) and 501(c)(4) organizations must complete all columns. All other organizations must complete column (A). Grants and other assistance to domestic organizations and domestic governments. See Part IV, line 21 Compensation not included above to disqualified persons (as defined under section 4958(f)(1)) and persons described in section 4958(c)(3)(B) Pension plan accruals and contributions (include section 401(k) and 403(b) employer contributions) Professional fundraising services. See Part IV, line 17 (If line 11g amount exceeds 10% of line 25, column (A), amount, list line 11g expenses on Sch O.) Other expenses. Itemize expenses not covered above. (List miscellaneous expenses on line 24e. Ifline 24e amount exceeds 10% of line 25, column (A),amount, list line 24e expenses on Schedule O.) Add lines 1 through 24e Complete this line only if the organization reported in column (B) joint costs from a combined educational campaign and fundraising solicitation. Check here Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part IX  Total expenses Program serviceexpenses Management andgeneral expenses Fundraisingexpenses ~ Grants and other assistance to domestic individuals. See Part IV, line 22 ~~~~~~~ Grants and other assistance to foreign organizations, foreign governments, and foreign individuals. See Part IV, lines 15 and 16 ~~~ Benefits paid to or for members ~~~~~~~ Compensation of current officers, directors, trustees, and key employees ~~~~~~~~ ~~~ Other salaries and wages ~~~~~~~~~~ Other employee benefits ~~~~~~~~~~ Payroll taxes ~~~~~~~~~~~~~~~~ Fees for services (nonemployees): Management Legal Accounting Lobbying ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ Investment management fees Other. ~~~~~~~~ Advertising and promotion Office expenses Information technology Royalties ~~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ Occupancy ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~Travel Payments of travel or entertainment expenses for any federal, state, or local public officials ~ Conferences, conventions, and meetings ~~ Interest Payments to affiliates ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~ Depreciation, depletion, and amortization Insurance ~~ ~~~~~~~~~~~~~~~~~ All other expenses Form (2022) Do not include amounts reported on lines 6b, 7b, 8b, 9b, and 10b of Part VIII. 10 Statement of Functional ExpensesPart IX 990     65,609. 119,423. 15,178. 1,556. 3,154. 7,012. 28,932. 327. 1,315. 40,936. 16,093. 8,838. 7,860. 27,233. 343,466. 53,262.9,754.2,593. 119,423. 14,234.746.198. 1,556. 3,154. 292.6,720. 22,010.6,922. 21.306. 1,315. 40,936. 12,738.3,355. 8,838. 7,860. 9,571.15,144.2,518. 281,325.56,832.5,309. CHILD CARE PROGRAM MATERIALS FRCA MEMBERSHIP OFFICE CLEANING FEES ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 232011 12-13-22 (A)(B) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 2 3 4 5 6 7 8 9 10c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a b 10a 10b As s e t s Total assets. Li a b i l i t i e s Total liabilities. Organizations that follow FASB ASC 958, check here and complete lines 27, 28, 32, and 33. 27 28 Organizations that do not follow FASB ASC 958, check here and complete lines 29 through 33. 29 30 31 32 33 Ne t A s s e t s o r F u n d B a l a n c e s Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part X  Beginning of year End of year Cash - non-interest-bearing Savings and temporary cash investments Pledges and grants receivable, net ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~ Accounts receivable, net ~~~~~~~~~~~~~~~~~~~~~~~~~~ Loans and other receivables from any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons ~~~~~~~~~ Loans and other receivables from other disqualified persons (as defined under section 4958(f)(1)), and persons described in section 4958(c)(3)(B)~~ Notes and loans receivable, net Inventories for sale or use Prepaid expenses and deferred charges ~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ Land, buildings, and equipment: cost or other basis. Complete Part VI of Schedule D Less: accumulated depreciation ~~~ ~~~~~~ Investments - publicly traded securities Investments - other securities. See Part IV, line 11 Investments - program-related. See Part IV, line 11 Intangible assets ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Other assets. See Part IV, line 11 ~~~~~~~~~~~~~~~~~~~~~~ Add lines 1 through 15 (must equal line 33) Accounts payable and accrued expenses Grants payable Deferred revenue ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Tax-exempt bond liabilities Escrow or custodial account liability. Complete Part IV of Schedule D ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~ Loans and other payables to any current or former officer, director, trustee, key employee, creator or founder, substantial contributor, or 35% controlled entity or family member of any of these persons ~~~~~~~~~ Secured mortgages and notes payable to unrelated third parties ~~~~~~ Unsecured notes and loans payable to unrelated third parties ~~~~~~~~ Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17-24). Complete Part X of Schedule D ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines 17 through 25  Net assets without donor restrictions Net assets with donor restrictions ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ Capital stock or trust principal, or current funds Paid-in or capital surplus, or land, building, or equipment fund Retained earnings, endowment, accumulated income, or other funds ~~~~~~~~~~~~~~~ ~~~~~~~~ ~~~~ Total net assets or fund balances ~~~~~~~~~~~~~~~~~~~~~~ Total liabilities and net assets/fund balances  Form (2022) 11 Balance SheetPart X 990       238,197.137,669. 38,293. 300.300. 315,107.252,987. 76,610.76,725. 1,129. 1,175. 1,175.1,129. X 253,932.191,453. 60,000.60,000. 313,932.251,858. 315,107.252,987. 84-1552138ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 232012 12-13-22 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 Yes No 1 2 3 a b c 2a 2b 2c a b 3a 3b Form 990 (2022)Page Check if Schedule O contains a response or note to any line in this Part XI  Total revenue (must equal Part VIII, column (A), line 12) Total expenses (must equal Part IX, column (A), line 25) Revenue less expenses. Subtract line 2 from line 1 Net assets or fund balances at beginning of year (must equal Part X, line 32, column (A)) ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~ Net unrealized gains (losses) on investments Donated services and use of facilities Investment expenses Prior period adjustments ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Other changes in net assets or fund balances (explain on Schedule O) Net assets or fund balances at end of year. Combine lines 3 through 9 (must equal Part X, line 32, column (B)) ~~~~~~~~~~~~~~~~~~  Check if Schedule O contains a response or note to any line in this Part XII  Accounting method used to prepare the Form 990:Cash Accrual Other If the organization changed its method of accounting from a prior year or checked "Other," explain on Schedule O. Were the organization's financial statements compiled or reviewed by an independent accountant?~~~~~~~~~~~~ If "Yes," check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both: Separate basis Consolidated basis Both consolidated and separate basis Were the organization's financial statements audited by an independent accountant?~~~~~~~~~~~~~~~~~~~ If "Yes," check a box below to indicate whether the financial statements for the year were audited on a separate basis, consolidated basis, or both: Separate basis Consolidated basis Both consolidated and separate basis If "Yes" to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant?~~~~~~~~~~~~~~~ If the organization changed either its oversight process or selection process during the tax year, explain on Schedule O. As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Uniform Guidance, 2 C.F.R. Part 200, Subpart F?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes," did the organization undergo the required audit or audits? If the organization did not undergo the required audit or audits, explain why on Schedule O and describe any steps taken to undergo such audits  Form (2022) 12 Part XI Reconciliation of Net Assets Part XII Financial Statements and Reporting 990                 ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 288,302. 343,466. -55,164. 313,932. 0. 251,858. -6,910. X X X X (iv) Is the organization listedin your governing document? OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232021 12-09-22 (i)(iii)(v)(vi)(ii) Name of supported organization Type of organization (described on lines 1-10 above (see instructions)) Amount of monetary support (see instructions) Amount of other support (see instructions) EIN (Form 990)Complete if the organization is a section 501(c)(3) organization or a section 4947(a)(1) nonexempt charitable trust. Attach to Form 990 or Form 990-EZ. Go to www.irs.gov/Form990 for instructions and the latest information. Open to Public Inspection Name of the organization Employer identification number 1 2 3 4 5 6 7 8 9 10 11 12 section 170(b)(1)(A)(i). section 170(b)(1)(A)(ii). section 170(b)(1)(A)(iii). section 170(b)(1)(A)(iii). section 170(b)(1)(A)(iv). section 170(b)(1)(A)(v). section 170(b)(1)(A)(vi). section 170(b)(1)(A)(vi). section 170(b)(1)(A)(ix) section 509(a)(2). section 509(a)(4). section 509(a)(1)section 509(a)(2)section 509(a)(3). a b c d e f g Type I. You must complete Part IV, Sections A and B. Type II. You must complete Part IV, Sections A and C. Type III functionally integrated. You must complete Part IV, Sections A, D, and E. Type III non-functionally integrated. You must complete Part IV, Sections A and D, and Part V. Yes No Total For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.Schedule A (Form 990) 2022 (All organizations must complete this part.) See instructions. The organization is not a private foundation because it is: (For lines 1 through 12, check only one box.) A church, convention of churches, or association of churches described in A school described in (Attach Schedule E (Form 990).) A hospital or a cooperative hospital service organization described in A medical research organization operated in conjunction with a hospital described in Enter the hospital's name, city, and state: An organization operated for the benefit of a college or university owned or operated by a governmental unit described in (Complete Part II.) A federal, state, or local government or governmental unit described in An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in (Complete Part II.) A community trust described in (Complete Part II.) An agricultural research organization described in operated in conjunction with a land-grant college or university or a non-land-grant college of agriculture (see instructions). Enter the name, city, and state of the college or university: An organization that normally receives (1) more than 33 1/3% of its support from contributions, membership fees, and gross receipts from activities related to its exempt functions, subject to certain exceptions; and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975. See (Complete Part III.) An organization organized and operated exclusively to test for public safety. See An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described in or . See Check the box on lines 12a through 12d that describes the type of supporting organization and complete lines 12e, 12f, and 12g. A supporting organization operated, supervised, or controlled by its supported organization(s), typically by giving the supported organization(s) the power to regularly appoint or elect a majority of the directors or trustees of the supporting organization. A supporting organization supervised or controlled in connection with its supported organization(s), by having control or management of the supporting organization vested in the same persons that control or manage the supported organization(s). A supporting organization operated in connection with, and functionally integrated with, its supported organization(s) (see instructions). A supporting organization operated in connection with its supported organization(s) that is not functionally integrated. The organization generally must satisfy a distribution requirement and an attentiveness requirement (see instructions). Check this box if the organization received a written determination from the IRS that it is a Type I, Type II, Type III functionally integrated, or Type III non-functionally integrated supporting organization. Enter the number of supported organizations ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Provide the following information about the supported organization(s). LHA SCHEDULE A Part I Reason for Public Charity Status. Public Charity Status and Public Support 2022                                   X 84-1552138ESTES VALLEY INVESTMENT IN CHILDHOOD SUC Subtract line 5 from line 4. 232022 12-09-22 Calendar year (or fiscal year beginning in) Calendar year (or fiscal year beginning in) 2 (a) (b) (c) (d) (e) (f) 1 2 3 4 5 Total. 6 Public support. (a) (b) (c) (d) (e) (f) 7 8 9 10 11 12 13 Total support. 12 First 5 years. stop here 14 15 14 15 16 17 18 a b a b 33 1/3% support test - 2022. stop here. 33 1/3% support test - 2021. stop here. 10% -facts-and-circumstances test - 2022. stop here. 10% -facts-and-circumstances test - 2021. stop here. Private foundation. Schedule A (Form 990) 2022 Add lines 7 through 10 Schedule A (Form 990) 2022 Page (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III. If the organization fails to qualify under the tests listed below, please complete Part III.) 2018 2019 2020 2021 2022 Total Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.")~~ Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf ~~~~ The value of services or facilities furnished by a governmental unit to the organization without charge ~ Add lines 1 through 3 ~~~ The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f)~~~~~~~~~~~~ 2018 2019 2020 2021 2022 Total Amounts from line 4 ~~~~~~~ Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources ~ Net income from unrelated business activities, whether or not the business is regularly carried on ~ Other income. Do not include gain or loss from the sale of capital assets (Explain in Part VI.)~~~~ Gross receipts from related activities, etc. (see instructions)~~~~~~~~~~~~~~~~~~~~~~~ If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and  ~~~~~~~~~~~Public support percentage for 2022 (line 6, column (f), divided by line 11, column (f)) Public support percentage from 2021 Schedule A, Part II, line 14 % %~~~~~~~~~~~~~~~~~~~~~ If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box and The organization qualifies as a publicly supported organization ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this box and The organization qualifies as a publicly supported organization ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization did not check a box on line 13, 16a, or 16b, and line 14 is 10% or more, and if the organization meets the facts-and-circumstances test, check this box and Explain in Part VI how the organization meets the facts-and-circumstances test. The organization qualifies as a publicly supported organization ~~~~~~~~~~~~~~~~~ If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 15 is 10% or more, and if the organization meets the facts-and-circumstances test, check this box and Explain in Part VI how the organization meets the facts-and-circumstances test. The organization qualifies as a publicly supported organization ~~~~~~~~~~~ If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see instructions  Part II Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) Section A. Public Support Section B. Total Support Section C. Computation of Public Support Percentage             207,889. 207,889. 262,867. 262,867. 461,943.269,281.285,866.1487846. 461,943.269,281.285,866.1487846. 1487846. 207,889.262,867.461,943.269,281.285,866.1487846. 773.640.196.2,039.3,648. 1491494. 99.76 99.88 X ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 (Subtract line 7c from line 6.) Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year (Add lines 9, 10c, 11, and 12.) 232023 12-09-22 Calendar year (or fiscal year beginning in) Calendar year (or fiscal year beginning in) Total support. 3 (a) (b) (c) (d) (e) (f) 1 2 3 4 5 6 7 Total. a b c 8 Public support. (a) (b) (c) (d) (e) (f) 9 10 a b c 11 12 13 14 First 5 years. stop here 15 16 15 16 17 18 19 20 2022 2021 17 18 a b 33 1/3% support tests - 2022. stop here. 33 1/3% support tests - 2021. stop here. Private foundation. Schedule A (Form 990) 2022 Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975 Schedule A (Form 990) 2022 Page (Complete only if you checked the box on line 10 of Part I or if the organization failed to qualify under Part II. If the organization fails to qualify under the tests listed below, please complete Part II.) 2018 2019 2020 2021 2022 Total Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.")~~ Gross receipts from admissions, merchandise sold or services per- formed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose Gross receipts from activities that are not an unrelated trade or bus- iness under section 513 ~~~~~ Tax revenues levied for the organ- ization's benefit and either paid to or expended on its behalf ~~~~ The value of services or facilities furnished by a governmental unit to the organization without charge ~ ~~~ Add lines 1 through 5 Amounts included on lines 1, 2, and 3 received from disqualified persons ~~~~~~ Add lines 7a and 7b ~~~~~~~ 2018 2019 2020 2021 2022 Total Amounts from line 6 ~~~~~~~ Gross income from interest, dividends, payments received on securities loans, rents, royalties, and income from similar sources ~ ~~~~ Add lines 10a and 10b ~~~~~~ Net income from unrelated businessactivities not included on line 10b, whether or not the business is regularly carried on ~~~~~~~ Other income. Do not include gainor loss from the sale of capital assets (Explain in Part VI.)~~~~ If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and  Public support percentage for 2022 (line 8, column (f), divided by line 13, column (f)) Public support percentage from 2021 Schedule A, Part III, line 15 ~~~~~~~~~~~% % Investment income percentage for (line 10c, column (f), divided by line 13, column (f)) Investment income percentage from Schedule A, Part III, line 17 ~~~~~~~~% %~~~~~~~~~~~~~~~~~~ If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and The organization qualifies as a publicly supported organization ~~~~~~~~~~~~ If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3%, and line 18 is not more than 33 1/3%, check this box and The organization qualifies as a publicly supported organization ~~~~~~ If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions  Part III Support Schedule for Organizations Described in Section 509(a)(2) Section A. Public Support Section B. Total Support Section C. Computation of Public Support Percentage Section D. Computation of Investment Income Percentage         ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 232024 12-09-22 4 Yes No 1 2 3 4 5 6 7 8 9 10 Part VI 1 2 3a 3b 3c 4a 4b 4c 5a 5b 5c 6 7 8 9a 9b 9c 10a 10b Part VI a b c a b c a b c a b c a b Part VI Part VI Part VI Part VI Part VI, Type I or Type II only. Substitutions only. Part VI. Part VI. Part VI. Part VI. Schedule A (Form 990) 2022 If "No," describe in how the supported organizations are designated. If designated by class or purpose, describe the designation. If historic and continuing relationship, explain. If "Yes," explain in how the organization determined that the supported organization was described in section 509(a)(1) or (2). If "Yes," answer lines 3b and 3c below. If "Yes," describe in when and how the organization made the determination. If "Yes," explain in what controls the organization put in place to ensure such use. If "Yes," and if you checked box 12a or 12b in Part I, answer lines 4b and 4c below. If "Yes," describe in how the organization had such control and discretion despite being controlled or supervised by or in connection with its supported organizations. If "Yes," explain in what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(B) purposes. If "Yes," answer lines 5b and 5c below (if applicable). Also, provide detail in including (i) the names and EIN numbers of the supported organizations added, substituted, or removed; (ii) the reasons for each such action; (iii) the authority under the organization's organizing document authorizing such action; and (iv) how the action was accomplished (such as by amendment to the organizing document). If "Yes," provide detail in If "Yes," complete Part I of Schedule L (Form 990). If "Yes," complete Part I of Schedule L (Form 990). If "Yes," provide detail in If "Yes," provide detail in If "Yes," provide detail in If "Yes," answer line 10b below. (Use Schedule C, Form 4720, to determine whether the organization had excess business holdings.) Schedule A (Form 990) 2022 Page (Complete only if you checked a box on line 12 of Part I. If you checked box 12a, Part I, complete Sections A and B. If you checked box 12b, Part I, complete Sections A and C. If you checked box 12c, Part I, complete Sections A, D, and E. If you checked box 12d, Part I, complete Sections A and D, and complete Part V.) Are all of the organization's supported organizations listed by name in the organization's governing documents? Did the organization have any supported organization that does not have an IRS determination of status under section 509(a)(1) or (2)? Did the organization have a supported organization described in section 501(c)(4), (5), or (6)? Did the organization confirm that each supported organization qualified under section 501(c)(4), (5), or (6) and satisfied the public support tests under section 509(a)(2)? Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2)(B) purposes? Was any supported organization not organized in the United States ("foreign supported organization")? Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign supported organization? Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3) and 509(a)(1) or (2)? Did the organization add, substitute, or remove any supported organizations during the tax year? Was any added or substituted supported organization part of a class already designated in the organization's organizing document? Was the substitution the result of an event beyond the organization's control? Did the organization provide support (whether in the form of grants or the provision of services or facilities) to anyone other than (i) its supported organizations, (ii) individuals that are part of the charitable class benefited by one or more of its supported organizations, or (iii) other supporting organizations that also support or benefit one or more of the filing organization's supported organizations? Did the organization provide a grant, loan, compensation, or other similar payment to a substantial contributor (as defined in section 4958(c)(3)(C)), a family member of a substantial contributor, or a 35% controlled entity with regard to a substantial contributor? Did the organization make a loan to a disqualified person (as defined in section 4958) not described on line 7? Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons, as defined in section 4946 (other than foundation managers and organizations described in section 509(a)(1) or (2))? Did one or more disqualified persons (as defined on line 9a) hold a controlling interest in any entity in which the supporting organization had an interest? Did a disqualified person (as defined on line 9a) have an ownership interest in, or derive any personal benefit from, assets in which the supporting organization also had an interest? Was the organization subject to the excess business holdings rules of section 4943 because of section 4943(f) (regarding certain Type II supporting organizations, and all Type III non-functionally integrated supporting organizations)? Did the organization have any excess business holdings in the tax year? Part IV Supporting Organizations Section A. All Supporting Organizations ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 232025 12-09-22 5 Yes No 11 a b c 11a 11b 11cPart VI. Yes No 1 2 Part VI 1 2 Part VI Yes No 1 Part VI 1 Yes No 1 2 3 1 2 3 Part VI Part VI 1 2 3 (see instructions). a b c line 2 line 3 Part VI Answer lines 2a and 2b below.Yes No a b a b Part VI identify those supported organizations and explain 2a 2b 3a 3b Part VI Answer lines 3a and 3b below. Part VI. Part VI Schedule A (Form 990) 2022 If "Yes" to line 11a, 11b, or 11c, provide detail in If "No," describe in how the supported organization(s) effectively operated, supervised, or controlled the organization's activities. If the organization had more than one supported organization, describe how the powers to appoint and/or remove officers, directors, or trustees were allocated among the supported organizations and what conditions or restrictions, if any, applied to such powers during the tax year. If "Yes," explain in how providing such benefit carried out the purposes of the supported organization(s) that operated, supervised, or controlled the supporting organization. If "No," describe in how control or management of the supporting organization was vested in the same persons that controlled or managed the supported organization(s). If "No," explain in how the organization maintained a close and continuous working relationship with the supported organization(s). If "Yes," describe in the role the organization's supported organizations played in this regard. Check the box next to the method that the organization used to satisfy the Integral Part Test during the year Complete below. Complete below. Describe in how you supported a governmental entity (see instructions). If "Yes," then in how these activities directly furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined that these activities constituted substantially all of its activities. If "Yes," explain in the reasons for the organization's position that its supported organization(s) would have engaged in these activities but for the organization's involvement. If "Yes" or "No" provide details in If "Yes," describe in the role played by the organization in this regard. Schedule A (Form 990) 2022 Page Has the organization accepted a gift or contribution from any of the following persons? A person who directly or indirectly controls, either alone or together with persons described on lines 11b and 11c below, the governing body of a supported organization? A family member of a person described on line 11a above? A 35% controlled entity of a person described on line 11a or 11b above? Did the governing body, members of the governing body, officers acting in their official capacity, or membership of one or more supported organizations have the power to regularly appoint or elect at least a majority of the organization's officers, directors, or trustees at all times during the tax year? Did the organization operate for the benefit of any supported organization other than the supported organization(s) that operated, supervised, or controlled the supporting organization? Were a majority of the organization's directors or trustees during the tax year also a majority of the directors or trustees of each of the organization's supported organization(s)? Did the organization provide to each of its supported organizations, by the last day of the fifth month of the organization's tax year, (i) a written notice describing the type and amount of support provided during the prior tax year, (ii) a copy of the Form 990 that was most recently filed as of the date of notification, and (iii) copies of the organization's governing documents in effect on the date of notification, to the extent not previously provided? Were any of the organization's officers, directors, or trustees either (i) appointed or elected by the supported organization(s) or (ii) serving on the governing body of a supported organization? By reason of the relationship described on line 2, above, did the organization's supported organizations have a significant voice in the organization's investment policies and in directing the use of the organization's income or assets at all times during the tax year? The organization satisfied the Activities Test. The organization is the parent of each of its supported organizations. The organization supported a governmental entity. Activities Test. Did substantially all of the organization's activities during the tax year directly further the exempt purposes of the supported organization(s) to which the organization was responsive? Did the activities described on line 2a, above, constitute activities that, but for the organization's involvement, one or more of the organization's supported organization(s) would have been engaged in? Parent of Supported Organizations. Did the organization have the power to regularly appoint or elect a majority of the officers, directors, or trustees of each of the supported organizations? Did the organization exercise a substantial degree of direction over the policies, programs, and activities of each of its supported organizations? (continued)Part IV Supporting Organizations Section B. Type I Supporting Organizations Section C. Type II Supporting Organizations Section D. All Type III Supporting Organizations Section E. Type III Functionally Integrated Supporting Organizations       ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 232026 12-09-22 6 1 Part VI See instructions. Section A - Adjusted Net Income 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8Adjusted Net Income Section B - Minimum Asset Amount 1 2 3 4 5 6 7 8 a b c d e 1a 1b 1c 1d 2 3 4 5 6 7 8 Total Discount Part VI Minimum Asset Amount Section C - Distributable Amount 1 2 3 4 5 6 7 1 2 3 4 5 6 Distributable Amount. Schedule A (Form 990) 2022 explain in explain in detail in Schedule A (Form 990) 2022 Page Check here if the organization satisfied the Integral Part Test as a qualifying trust on Nov. 20, 1970 (). All other Type III non-functionally integrated supporting organizations must complete Sections A through E. (B) Current Year (optional)(A) Prior Year Net short-term capital gain Recoveries of prior-year distributions Other gross income (see instructions) Add lines 1 through 3. Depreciation and depletion Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) Other expenses (see instructions) (subtract lines 5, 6, and 7 from line 4) (B) Current Year (optional)(A) Prior Year Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): Average monthly value of securities Average monthly cash balances Fair market value of other non-exempt-use assets (add lines 1a, 1b, and 1c) claimed for blockage or other factors ( ): Acquisition indebtedness applicable to non-exempt-use assets Subtract line 2 from line 1d. Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, see instructions). Net value of non-exempt-use assets (subtract line 4 from line 3) Multiply line 5 by 0.035. Recoveries of prior-year distributions (add line 7 to line 6) Current Year Adjusted net income for prior year (from Section A, line 8, column A) Enter 0.85 of line 1. Minimum asset amount for prior year (from Section B, line 8, column A) Enter greater of line 2 or line 3. Income tax imposed in prior year Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions). Check here if the current year is the organization's first as a non-functionally integrated Type III supporting organization (see instructions). Part V Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations     ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 232027 12-09-22 7 Section D - Distributions Current Year 1 2 3 4 5 6 7 8 9 10 1 2 3 4 5 6 7 8 9 10 Part VI Part VI Total annual distributions. Part VI (i) Excess Distributions (ii) Underdistributions Pre-2022 (iii) Distributable Amount for 2022Section E - Distribution Allocations 1 2 3 4 5 6 7 8 Part VI a b c d e f g h i j Total a b c Part VI. Part VI Excess distributions carryover to 2023. a b c d e Schedule A (Form 990) 2022 provide details in describe in provide details in explain in explain in explain in Schedule A (Form 990) 2022 Page Amounts paid to supported organizations to accomplish exempt purposes Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity Administrative expenses paid to accomplish exempt purposes of supported organizations Amounts paid to acquire exempt-use assets Qualified set-aside amounts (prior IRS approval required - ) Other distributions ( ). See instructions. Add lines 1 through 6. Distributions to attentive supported organizations to which the organization is responsive ( ). See instructions. Distributable amount for 2022 from Section C, line 6 Line 8 amount divided by line 9 amount (see instructions) Distributable amount for 2022 from Section C, line 6 Underdistributions, if any, for years prior to 2022 (reason- able cause required - ). See instructions. Excess distributions carryover, if any, to 2022 From 2017 From 2018 From 2019 From 2020 From 2021 of lines 3a through 3e Applied to underdistributions of prior years Applied to 2022 distributable amount Carryover from 2017 not applied (see instructions) Remainder. Subtract lines 3g, 3h, and 3i from line 3f. Distributions for 2022 from Section D, line 7:$ Applied to underdistributions of prior years Applied to 2022 distributable amount Remainder. Subtract lines 4a and 4b from line 4. Remaining underdistributions for years prior to 2022, if any. Subtract lines 3g and 4a from line 2. For result greater than zero, See instructions. Remaining underdistributions for 2022. Subtract lines 3h and 4b from line 1. For result greater than zero, . See instructions. Add lines 3j and 4c. Breakdown of line 7: Excess from 2018 Excess from 2019 Excess from 2020 Excess from 2021 Excess from 2022 (continued) Part V Type III Non-Functionally Integrated 509(a)(3) Supporting Organizations ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 232028 12-09-22 8 Schedule A (Form 990) 2022 Schedule A (Form 990) 2022 Page Provide the explanations required by Part II, line 10; Part II, line 17a or 17b; Part III, line 12; Part IV, Section A, lines 1, 2, 3b, 3c, 4b, 4c, 5a, 6, 9a, 9b, 9c, 11a, 11b, and 11c; Part IV, Section B, lines 1 and 2; Part IV, Section C, line 1; Part IV, Section D, lines 2 and 3; Part IV, Section E, lines 1c, 2a, 2b, 3a, and 3b; Part V, line 1; Part V, Section B, line 1e; Part V, Section D, lines 5, 6, and 8; and Part V, Section E, lines 2, 5, and 6. Also complete this part for any additional information. (See instructions.) Part VI Supplemental Information. INTEREST INCOME 2019 AMOUNT: $ 773. 2020 AMOUNT: $ 640. 2021 AMOUNT: $ 196. 2022 AMOUNT: $ 864. OTHER INCOME 2022 AMOUNT: $ 1,175. ESTES VALLEY INVESTMENT IN CHILDHOOD SUC SCHEDULE A, PART II, LINE 10, EXPLANATION FOR OTHER INCOME: 84-1552138 Department of the Treasury Internal Revenue Service 232051 09-01-22 OMB No. 1545-0047 Held at the End of the Tax Year Complete if the organization answered "Yes" on Form 990,Part IV, line 6, 7, 8, 9, 10, 11a, 11b, 11c, 11d, 11e, 11f, 12a, or 12b. Attach to Form 990.Go to www.irs.gov/Form990 for instructions and the latest information. (Form 990) Open to PublicInspection Name of the organization Employer identification number (a) (b) 1 2 3 4 5 6 Yes No Yes No 1 2 3 4 5 6 7 8 9 a b c d 2a 2b 2c 2d Yes No Yes No 1 2 a b (i) (ii) a b For Paperwork Reduction Act Notice, see the Instructions for Form 990.Schedule D (Form 990) 2022 Complete if the organization answered "Yes" on Form 990, Part IV, line 6. Donor advised funds Funds and other accounts Total number at end of year Aggregate value of contributions to (during year) Aggregate value of grants from (during year) Aggregate value at end of year ~~~~~~~~~~~~~~~ ~~~~ ~~~~~~ ~~~~~~~~~~~~~ Did the organization inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization's property, subject to the organization's exclusive legal control?~~~~~~~~~~~~~~~~~~ Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit? Complete if the organization answered "Yes" on Form 990, Part IV, line 7. Purpose(s) of conservation easements held by the organization (check all that apply). Preservation of land for public use (for example, recreation or education) Protection of natural habitat Preservation of open space Preservation of a historically important land area Preservation of a certified historic structure Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year. Total number of conservation easements Total acreage restricted by conservation easements ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Number of conservation easements on a certified historic structure included in (a) Number of conservation easements included in (c) acquired after July 25,2006, and not on a historic structure listed in the National Register ~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax year Number of states where property subject to conservation easement is located Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and enforcement of the conservation easements it holds?~~~~~~~~~~~~~~~~~~~~~~~~~ Staff and volunteer hours devoted to monitoring, inspecting, handling of violations, and enforcing conservation easements during the year Amount of expenses incurred in monitoring, inspecting, handling of violations, and enforcing conservation easements during the year Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(B)(i) and section 170(h)(4)(B)(ii)?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ In Part XIII, describe how the organization reports conservation easements in its revenue and expense statement and balance sheet, and include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements. Complete if the organization answered "Yes" on Form 990, Part IV, line 8. If the organization elected, as permitted under FASB ASC 958, not to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide in Part XIII the text of the footnote to its financial statements that describes these items. If the organization elected, as permitted under FASB ASC 958, to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items: Revenue included on Form 990, Part VIII, line 1 Assets included in Form 990, Part X ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$ $~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under FASB ASC 958 relating to these items: Revenue included on Form 990, Part VIII, line 1 Assets included in Form 990, Part X ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$ $ LHA Part I Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Part II Conservation Easements. Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets. SCHEDULE D Supplemental Financial Statements 2022                     ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 232052 09-01-22 3 4 5 a b c d e Yes No 1 2 a b c d e f a b Yes No 1c 1d 1e 1f Yes No (a) (b) (c) (d) (e) 1 2 3 4 a b c d e f g a b c a b Yes No (i) (ii) 3a(i) 3a(ii) 3b (a) (b) (c) (d) 1a b c d e Total. Schedule D (Form 990) 2022 (continued) (Column (d) must equal Form 990, Part X, column (B), line 10c.) Two years back Three years back Four years back Schedule D (Form 990) 2022 Page Using the organization's acquisition, accession, and other records, check any of the following that make significant use of its collection items (check all that apply): Public exhibition Scholarly research Preservation for future generations Loan or exchange program Other Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part XIII. During the year, did the organization solicit or receive donations of art, historical treasures, or other similar assets to be sold to raise funds rather than to be maintained as part of the organization's collection? Complete if the organization answered "Yes" on Form 990, Part IV, line 9, or reported an amount on Form 990, Part X, line 21. Is the organization an agent, trustee, custodian or other intermediary for contributions or other assets not included on Form 990, Part X? If "Yes," explain the arrangement in Part XIII and complete the following table: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Amount Beginning balance Additions during the year Distributions during the year Ending balance ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Did the organization include an amount on Form 990, Part X, line 21, for escrow or custodial account liability? If "Yes," explain the arrangement in Part XIII. Check here if the explanation has been provided on Part XIII ~~~~~  Complete if the organization answered "Yes" on Form 990, Part IV, line 10. Current year Prior year Beginning of year balance Contributions Net investment earnings, gains, and losses Grants or scholarships ~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~ Other expenditures for facilities and programs Administrative expenses End of year balance ~~~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~~ Provide the estimated percentage of the current year end balance (line 1g, column (a)) held as: Board designated or quasi-endowment Permanent endowment Term endowment The percentages on lines 2a, 2b, and 2c should equal 100%. % % % Are there endowment funds not in the possession of the organization that are held and administered for the organization by: Unrelated organizations Related organizations ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ If "Yes" on line 3a(ii), are the related organizations listed as required on Schedule R? Describe in Part XIII the intended uses of the organization's endowment funds. ~~~~~~~~~~~~~~~~~~~~ Complete if the organization answered "Yes" on Form 990, Part IV, line 11a. See Form 990, Part X, line 10. Description of property Cost or other basis (investment) Cost or other basis (other) Accumulated depreciation Book value Land Buildings Leasehold improvements ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~ Equipment Other ~~~~~~~~~~~~~~~~~  Add lines 1a through 1e.  2 Part III Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets Part IV Escrow and Custodial Arrangements. Part V Endowment Funds. Part VI Land, Buildings, and Equipment.                    0. 37,888. 1,009. 38,293. X X 604. 0. ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 0. 0.0. 0.0. 0. 0. 0. (including name of security) 232053 09-01-22 Total. Total. (a) (b) (c) (1) (2) (3) (a) (b) (c) (1) (2) (3) (4) (5) (6) (7) (8) (9) (a) (b) (1) (2) (3) (4) (5) (6) (7) (8) (9) Total. (a) (b) 1. Total. 2. Schedule D (Form 990) 2022 (Column (b) must equal Form 990, Part X, col. (B) line 15.) (Column (b) must equal Form 990, Part X, col. (B) line 25.) Description of security or category (Col. (b) must equal Form 990, Part X, col. (B) line 12.) (Col. (b) must equal Form 990, Part X, col. (B) line 13.) Schedule D (Form 990) 2022 Page Complete if the organization answered "Yes" on Form 990, Part IV, line 11b. See Form 990, Part X, line 12. Book value Method of valuation: Cost or end-of-year market value Financial derivatives Closely held equity interests Other ~~~~~~~~~~~~~~~ ~~~~~~~~~~~ (A) (B) (C) (D) (E) (F) (G) (H) Complete if the organization answered "Yes" on Form 990, Part IV, line 11c. See Form 990, Part X, line 13. Description of investment Book value Method of valuation: Cost or end-of-year market value Complete if the organization answered "Yes" on Form 990, Part IV, line 11d. See Form 990, Part X, line 15. Description Book value  Complete if the organization answered "Yes" on Form 990, Part IV, line 11e or 11f. See Form 990, Part X, line 25. Description of liability Book value (1) (2) (3) (4) (5) (6) (7) (8) (9) Federal income taxes  Liability for uncertain tax positions. In Part XIII, provide the text of the footnote to the organization's financial statements that reports the organization's liability for uncertain tax positions under FASB ASC 740. Check here if the text of the footnote has been provided in Part XIII  3 Part VII Investments - Other Securities. Part VIII Investments - Program Related. Part IX Other Assets. Part X Other Liabilities.   ESTES VALLEY INVESTMENT IN CHILDHOOD SUC EVICS ENDOWMENT FUND - SISTER FUND EVICS ENDOWMENT FUND 84-1552138 26,081. 12,212. 38,293. END-OF-YEAR MARKET VALUE END-OF-YEAR MARKET VALUE 232054 09-01-22 1 2 3 4 5 1 a b c d e 2a 2b 2c 2d 2a 2d 2e 32e 1 a b c 4a 4b 4a 4b 3 4c. 4c 5 1 2 3 4 5 1 a b c d e 2a 2b 2c 2d 2a 2d 2e 1 2e 3 a b c 4a 4b 4a 4b 3 4c. 4c 5 Schedule D (Form 990) 2022 (This must equal Form 990, Part I, line 12.) (This must equal Form 990, Part I, line 18.) Schedule D (Form 990) 2022 Page Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. Total revenue, gains, and other support per audited financial statements Amounts included on line 1 but not on Form 990, Part VIII, line 12: ~~~~~~~~~~~~~~~~~~~ Net unrealized gains (losses) on investments Donated services and use of facilities Recoveries of prior year grants Other (Describe in Part XIII.) ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines through ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Subtract line from line ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Amounts included on Form 990, Part VIII, line 12, but not on line 1: Investment expenses not included on Form 990, Part VIII, line 7b Other (Describe in Part XIII.) ~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines and Total revenue. Add lines and ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~  Complete if the organization answered "Yes" on Form 990, Part IV, line 12a. Total expenses and losses per audited financial statements Amounts included on line 1 but not on Form 990, Part IX, line 25: ~~~~~~~~~~~~~~~~~~~~~~~~~~ Donated services and use of facilities Prior year adjustments Other losses Other (Describe in Part XIII.) ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines through Subtract line from line ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Amounts included on Form 990, Part IX, line 25, but not on line 1: Investment expenses not included on Form 990, Part VIII, line 7b Other (Describe in Part XIII.) ~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ Add lines and Total expenses. Add lines and ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~  Provide the descriptions required for Part II, lines 3, 5, and 9; Part III, lines 1a and 4; Part IV, lines 1b and 2b; Part V, line 4; Part X, line 2; Part XI, lines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional information. 4 Part XI Reconciliation of Revenue per Audited Financial Statements With Revenue per Return. Part XII Reconciliation of Expenses per Audited Financial Statements With Expenses per Return. Part XIII Supplemental Information. ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 OMB No. 1545-0047 Department of the Treasury Internal Revenue Service 232211 10-28-22 Complete to provide information for responses to specific questions onForm 990 or 990-EZ or to provide any additional information. Attach to Form 990 or Form 990-EZ.Go to www.irs.gov/Form990 for the latest information. Open to Public Inspection Employer identification number For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.Schedule O (Form 990) 2022 Name of the organization LHA (Form 990) SCHEDULE O Supplemental Information to Form 990 or 990-EZ 2022 FORM 990, PART VI, SECTION B, LINE 11B: THE ANNUAL 990 IS PROVIDED TO BOARD MEMBERS FOR REVIEW PRIOR TO FILING. FORM 990, PART VI, SECTION C, LINE 19: UPON REQUEST, THE ORGANIZATION MAKES AVAILABLE ITS GOVERNING DOCUMENTS, POLICIES AND FINANCIAL STATEMENTS TO THE PUBLIC. ESTES VALLEY INVESTMENT IN CHILDHOOD SUC 84-1552138 Addendum to Childcare Funding Application 2024 Dollar Amount Requested: $200,000.00 #4 How funds will be used: EVICS is requesting $200,000 to fund Tuition Assistance for the fiscal year 2024 as follows: # months Span Approx #Children Avg Cost/month Total 5 Jan – May 27 $550 $74,250 3 Jun – Aug 38 $550 $62,700 4 Sept – Dec 35 $550 $77,000 The total anticipated spending is $213,950. EVICS has obtained a grant in the amount of $15,000 which will cover the amount over $200,000. EVICS anticipates an increase in the number of children needing Tuition Assistance for the balance of 2024 even after families have been directed to apply for CCAP and LCCF. CCAP is currently frozen and there are no indications that it will be opened by the end of the year. EVICS currently has 9 children on the waitlist and there are 5 children known to be receiving funding from UPK, which will stop during the summer months, but they will need assistance for childcare. In the fall some children will move to UPK which will decrease the number, but a new childcare center is scheduled to open in August creating more available childcare spots. In addition, it is hoped that this Tuition Assistance program will be able to expand to cover some applications that are not being covered by LCCF. No new 6E funds will be used to support an EVICS staff position. EVICS will provide a report of the 1st 6 months of the year to the town staff by July 31, 2024 and will provide a full year report to the town staff by January 31, 2025. ATTACHMENT 5 TOWN ADMINISTRATOR’S OFFICE Memo To: Honorable Mayor Hall Board of Trustees From: Town Administrator Machalek Date: November 26, 2024 RE: 2025 Strategic Plan Adoption (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER: _Strategic Plan_ QUASI-JUDICIAL YES NO Objective: Town Board consideration of adoption of the 2025 Strategic Plan. Present Situation: The Town Board held two strategic planning sessions on May 31 and June 18. The first session included an introduction to strategic planning for 2025 and focused on the Town’s mission, vision, outcome areas, and strategic policy statements. The second session was dedicated to developing and finalizing a set of goals and objectives. Based on those two sessions, the Board adopted the 2025 Provisional Strategic Plan on June 25, 2024. This plan guided Town departments in the development of the budget for 2025. The proposed final 2025 Strategic Plan (attached for Board consideration) includes numerous edits based on resource allocation decisions and ongoing discussions. Proposal: The proposed 2025 Strategic Plan is attached. Suggested edits are indicated in red. Substantial changes are listed below with a brief explanation: •Exceptional Community Services o Clarify the scope of the sign replacement project in Objective 7.A.1. •Governmental Services and Internal Support o Eliminate Objective 7.C.1 (decision package for this Objective not funded). •Outstanding Guest Services o Eliminate Objective 2.C.1 (decision package for this Objective not funded). •Public Safety, Health, and Environment o Eliminate Objective 1.1 (the Board decided not to further pursue arborist licensing earlier this year). o Reword Objective 2.G.3 (Larimer County has secured a state grant that will support the Town’s creation of a Climate Action Plan for Estes Park). •Transportation o Eliminate Objective 1.C.1 (decision package for this Objective not funded). o Eliminate Objective 2.A.5 (Engineering staff are concerned that the other Street Improvement Program commitments for 2025 will consume the available funds and staff capacity, and recommend delaying this project to 2026). o Eliminate Objective 5.A.2 (duplicate objective to 5.A.1). •Utility Infrastructure o Clarify Objective 1.B.1 (the purpose of this objective is to provide an enforcement process for customers who do not comply with water administrative regulations). Advantages: •Guides the allocation of the Town’s resources and provides direction to staff. •Comprehensive process to review and record the priorities of the Town Board. Disadvantages: •The strategic planning process, like the budget creation process, necessarily leaves some important initiatives un-resourced. Action Recommended: Staff recommends approval of the 2025 Strategic Plan. Finance/Resource Impact: N/A Level of Public Interest Medium Sample Motion: I move for the approval/denial of the 2025 Strategic Plan as presented. Attachments: 1.2025 Strategic Plan – Redlined 2.2025 Strategic Plan – Clean FINAL (11/26/2024) KEY OUTCOME AREA (Alphabetical order) STRATEGIC POLICY STATEMENTS GOALS (MULTI-YEAR)OBJECTIVES (ONE-YEAR) 1. We support a wide range of housing opportunities with a particular focus on workforce and attainable housing. 1.A. Plan for and utilize 6E funds to achieve Workforce and Attainable Housing goals in partnership with the Estes Park Housing Authority and other strategic partners. 2.A.1 - Increase utilization of "Access Granted" program for senior community that will allow participants to share home access codes and emergency contract information so that first responders will not have to damage anything if they need to do an emergency welfare check. 1.B. Incentivize private development of workforce and attainable housing. 4.A.1 - Track progress towards metrics of success established for childcare in 2024. 2. We support the needs of our senior community. 2.A. Develop a needs assessment and strategic plan to meet the needs of the senior community in Estes Park. 5.A.1 - Develop a master plan for Town Parks and Open Space, in cooperation with the Recreation District and Estes Valley Land Trust. Include chapters on water-conscious landscaping and pocket parks. 4.A. Plan for and utilize 6E funds to address childcare issues consistent with the Childcare Needs Assessment and Strategic Plan.6.1 - Formalize an annexation policy with Larimer County. (2024 CARRYOVER) 3. We support the needs of families in our community. 5.A. Implement the recommendations of the 2025 Parks & Open Space Master Plan. 6.A.1 - Continue rewriting the Estes Park Development Code with participation from elected/appointed officials, stakeholders, and residents. (Multi-Year Objective) 5.B. Overhaul outdated and aging landscaping in Children's Park, Riverwalk, and Wiest Park by 2026. 7.A.1 - Replace ADA non-compliant signs in Town Hall. buildings that are open to the general public. 4. We support a wide range of childcare opportunities with a particular focus on infants and toddlers. 5.C. Implement the 2019 Stanley Park Complex Master Plan projects at the Events Complex.7.B.1 - Develop a digital accessibility transition plan as required by state law. 5.D. Maintain a high level of arena footing for horse shows and rodeos at the Events Complex. 7.B.2 - Promote utilization of "Reachwell" app for non-English speaking community alerts (NoCo Alerts & EP Alerts). 5. We expand and improve the durability, functionality, and efficiency of open space and public park infrastructure. 6.A. Complete a full rewrite of the Estes Park Development Code to align with the new Comprehensive Plan.9.A.1 - Complete Museum Annex addition. 6.B. Collaborate with community stakeholders to update our adopted transportation, drainage, and parking design standards and construction policies in the Development Code by 2026. 6. We have an up-to-date Comprehensive Plan and Development Code that reflect the will of the community.7.A. Implement the 2023 ADA Transition Plan. Exceptional Community Services - Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community. Town of Estes Park 2025 Strategic Plan Vision: The Town of Estes Park will be an ever more vibrant and welcoming mountain community. Mission: The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our residents, guests, and employees, while being good stewards of public resources and our natural setting. THERE IS NO RANK-ORDERING OR PRIORITIZATION IN THIS PLAN. ALL NUMERICAL DESIGNATIONS ARE FOR REFERENCE PURPOSES ONLY. For the purposes of Strategic Policy Statements, "We" refers to the Town organization, led by the Town Board of Trustees. ATTACHMENT 1 7.B. Continuously implement organizational processes and services to improve the accessibility of public information in all formats, with a particular focus on the needs of individuals with disabilities and those with limited English proficiency. 7. We are committed to improving community accessibility for residents and guests from diverse cultures, and residents and guests with disabilities. 8. We enact policies that support all demographic segments of the community. 9. We value the Estes Park Museum's work to preserve, share, and respect the unique history of Estes Park, and incorporate that history into our decision-making processes. 10. We support public art and creative endeavors. 1. We maintain a well-trained and educated Town Staff. 1.A. Update and actively work on Human Resources Strategic Plan Action Items annually. 1.A.1 - Implement 2024 Organizational Culture Action Plan. 2.A. Complete a review of the Town employee benefit package to ensure the Town remains competitive and aligned with other municipalities. 1.A.2 - Revise Employee Success & Development Form and Process for 2025 based on feedback received in 2024. 2. We attract and retain high-quality staff by being an employer of choice, including offering highly competitive benefits and wages, and encouraging work-life balance. 3.A. Ensure adequate grant writing capacity as the current grant resources shift in time allocation. 2.A.1 - Propose and implement approved recommendations from the Town employee benefit package review conducted in 2024. 3.B. Ensure adequate resourcing to meet the current and future preventative facilities maintenance needs for Town buildings and parcels. 4.A.1 - Investigate translation of the volunteer form into other languages to solicit a diverse applicant pool. 3. We match service levels with the resources available to deliver them. 4.A. Explore options to improve the Town's ability to ensure diverse membership representation on Boards and Commissions. 7.B.1 - Implement new Human Resources Information System/Payroll. 5.A. Conduct a community survey biennially in odd years to measure our performance and community preferences. 7.B.2 - Add process improvement goals to the Employee Success and Development program to reinforce the value. 4. We strive to ensure that the membership of our Boards and Commissions reflects the diversity of the community. 5.B. Evaluate inclusivity of Town community engagement processes. 7.B.3 - File all new employee records electronically starting in 2025. 7.A. Implement a Town performance management system including appropriate measures. 7.B.4 - Evaluate the development of a searchable public GIS portal to enhance access to available property records. 5. We strive to gain meaningful input and participation from all community members. 7.B. Develop an organizational culture that encourages continuous process improvement. 7.C.1 - Digitize Community Development Planning and Zoning records. 7.C. Digitize Town records within Laserfiche. 7.C.12 - Continue evaluation of permanent Financial records for digitization. Governmental Services and Internal Support - We provide high-quality support for all municipal services. 6. We prioritize and support a culture of customer service throughout the organization. 9.A. Minimize risk of becoming a victim of cybersecurity threats. 9.A.1 - Replace Town firewalls and associated software for increased web protection. 10.A. Continually evaluate the functionality of our website to ensure it serves the needs of our customers. 9.A.2 - Implement additional security measures to better protect the Town against cyber threats. 7. We support a culture of continuous improvement in our internal processes and service delivery. 11.A. Evaluate the service condition, safety, functionality, accessibility, and land-use restrictions of our 32 public buildings using a data-driven approach and document the outcomes in our LUCITY asset management system. 11.A.1 - Complete building repair life cycle audits for Town Hall and the Visitor Center. 11.B. Upgrade the quality, function, and safety of the Town's public restrooms. 11.B.1 - Remodel the public restrooms in Town Hall. 8. We operate with transparency, maintaining open communication with all community members and proactively making Town information available to the public. 11.C. Pursue energy conservation projects that improve the efficiency of our buildings. 11.C.1 - Replace florescent lighting with LED lights in the Street Shop. 11.D. Establish a timeline and funding strategy to implement the Facilities Master Plan recommendations. Start with the relocation of the Police Department out of Town Hall. 11.D.1 - Start design efforts and pursue land acquisition necessary to relocate the Police Department out of Town Hall. (2024 CARRYOVER) 9. We monitor for, and protect against, cybersecurity threats. 11.E. Work with the Fire District to investigate and evaluate strategies to use Town-owned buildings and Town projects to demonstrate wildfire mitigation techniques for facilities. 11.F. Plan to meet the space needs of the Facilities Division. 10. We maintain a robust, transparent, accessible, and user- friendly public-facing website. 11. We ensure that our facilities are well-maintained and meet the needs of Town Departments and the community. 1. We value broad collaboration in providing outstanding guest services. 2.A. Develop events that attract guests to Town in the winter and shoulder seasons as well as mid-week events. 2.A.1 - Develop a guiding philosophy for events that includes consideration of impact on businesses and the community. 2.B. Continue to develop and attract diverse events and audiences. 2.B.1 - Add Breakaway Roping as a women's competitive event at the Rooftop Rodeo. 2. We provide and support high-quality events that attract guests to the Town. 2.C. Continue to support events through creativity, innovation, and technology. 2.C.1 - Offer a better guest experience in the Event Center by upgrading the audio/visual equipment. 3.A. Work with public- and private-sector entities to encourage additional town destination opportunities for guests, including the Museum, particularly in case visitation limits in the National Park or elsewhere remain a factor. 2.C.12 - Utilize Laserfiche to automate event processes such as event orders, vendor inquiries and forms, and check request forms. Outstanding Guest Services - We are a preferred Colorado mountain destination providing an exceptional guest experience. 3. We strive to balance the impacts of visitation with the needs and quality of life of our residents and our key outcome areas. 4.A. Continue to monitor and adjust marketing focus to events that are branded to and successful in Estes Park. 4.1 - Evaluate and implement better tracking metrics for the Town's outdoor festivals. 5.A. Implement the Visitor Services Strategic Plan. 5.1 - Ensure the availability of an Official Visitor Guide mailing program. 4. We balance data-driven decisions with community values when serving our guests and residents using up-to-date and relevant data. 5.B. Visitor Services will work with Visit Estes Park and the Rocky Mountain Conservancy on developing and implementing ways to help educate and entertain guests at the Visitor Center. 5.B.1 - Collaborate with the Rocky Mountain Conservancy to provide on-site education opportunities at the Estes Park Visitor Center. 5.C. Continue to implement a Guest Services (Service Elevated) annual training for volunteers in the Visitor Center. 5.B.2 - Explore interactive exhibit for the Estes Park Visitor Center. 5. We contribute to an exceptional guest experience through a high-quality Visitor Services Division. 6. We work to ensure that Estes Park is a sustainable tourism destination. 1. We are committed to safeguarding the lives and property of the people we serve. 1.A. Evaluate and meet the sworn officer, dispatch, and support services staffing needs of the Police Department.1.1 - Explore arborist licensing program based on direction from Town Board. 1.B. Integrate security camera systems in Town Hall, Visitor Center, Events Complex, and Museum. 2.C.1 - Explore the feasibility of solar panels and battery storage on the proposed new Police Department building. 2. We support environmental stewardship and sustainability through our policies and actions. 1.C. Evaluate pandemic response plan. 2.G.1 - Evaluate the feasibility of plug-in hybrid vehicles for use in the Police Department. 2.A. Continue to incorporate the Environmental Sustainability Task Force recommendations into Town operations. 2.G.2 - Replace hedge trimmers, leaf blowers, and line trimmers powered with internal combustion engines with battery operated tools to comply with state standards for municipal governments. 3. We are committed to fairness and support for victims of crime and disasters. 2.B. Modify codes and regulations to support alternative and distributed energy. 2.G.3 - Evaluate the creation of a Partner with Larimer County to utilize grant funds to develop a Climate Action Plan specific to Estes Park. 2.C. Encourage solar energy options for new and established homes and businesses, including Town Buildings. 2.H.1 - Collaborate with Drive Clean Colorado to accelerate equitable adoption of clean transportation options. 4. We value the importance of maintaining a local emergency communication center to serve the Estes Valley. 2.D. Support beneficial electrification of buildings by encouraging the replacement of fossil-fuel appliances with cleaner electric alternatives. 5.1 - Increase interagency operability by collaborating with public safety partners on radio channel sharing authorizations. 2.E. The Events and Visitor Services Department will reduce the environmental impacts of Town events. 7.A.1 - Acquire dual-band radios for Police Department supervisors to assure emergency communications during critical incidents and disasters. 5. We strive to enhance the safety of emergency responders. 2.F. Support the County-wide Wasteshed Plan and will remain active partners with Larimer County in its implementation. Public Safety, Health, and Environment - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. 2.G. Establish the Town's role in environmental stewardship and sustainable practices. 6. We believe in and support restorative practices as a way to build and repair relationships, as well as increase understanding about the impact of crime in the Estes Park Community. 2.H. Continue work with Larimer County on Climate Smart Future Ready initiative. 7.A. Work collaboratively with the Estes Valley Fire Protection District to build an Emergency Management function that is focused on resilience, planning for emergencies, responding to emergencies, and recovering from emergencies. 7. We train and prepare to fully and immediately respond to community emergencies. 8. We are proactive in our approach to wildfire planning and mitigation in response to elevated fire risks in the Estes Valley and the surrounding area. 9. We recognize the importance of behavioral health in our community and work with local and regional partners to improve mental health safety, treatment, and awareness. 1. We foster an inclusive, robust, and sustainable economy based on a triple-bottom-line model, considering economic, social, and environmental impacts and benefits. 2.A. Improve and streamline the Development Review process. 2.A.1 - Implement a new software module from SAFEbuilt to allow electronic submittal of development applications and automated workflow processing. 4.A. Implement the Downtown Plan. 2. We create and sustain a favorable business climate. 5.A. Conduct corridor studies for the corridors called out in the Comprehensive Plan. 6.A. Work with the Economic Development and Workforce Council to build capacity for small business owners to address employee housing needs. 3. We support a diverse economy, attracting and serving a broad range of current and potential stakeholders. 4. We recognize the importance of a vibrant, attractive, and economically viable downtown. 5. We support investment and revitalization in all of the Town's commercial areas. 6. We support economic and workforce development efforts led by other organizations. Robust Economy - We have a diverse, healthy, year-round economy. 7. We recognize the benefits of shopping locally and will actively support our local businesses and the local economy. 1. We maintain up-to-date financial policies, tools, and controls that reflect the financial philosophy of the Board. 1.A. Replace the current accounting system with a modern Enterprise Resource Planning (ERP) system by 2025. 1.A.1 - Complete the implementation of the Enterprise Resource Planning (ERP) system by the end of 2025. 1.B. Develop a set of general budget policies to help guide budget development in the future. This should include consideration of reserve policies, use of one time funding, budgeting approach to vacancies, etc. 1.B.1 - Finalize a set of general budget policies to help guide budget development in the future. 2. We make data-driven financial decisions. 3. We will consider the most effective financing strategy for large capital projects on a case-by-case basis, ensuring that each financing package is appropriately tailored to the project under consideration. 1. We value the development and maintenance of a sustainable, accessible, and efficient multimodal transportation network. 1.A. Upgrade and maintain our public trail network to comply with adopted safety and disability standards utilizing directed sales tax funding approved through 2034. 1.A.1 - Complete Phase 1 (design) of the US34 and SH7 trail reconstruction projects. 1.B. Evaluate the possibility of adopting impact fees and fee- in-lieu mechanisms to assist in funding multimodal transportation improvements.1.C.1 - Construct/Install Downtown Wayfinding Signage Phase 2. 2. We will maintain a high-quality network of streets for our community.1.C. Implement the Wayfinding Signage Program. 2.A.1 - Complete the rehabilitation of West Elkhorn Avenue from Moraine Avenue to Far View Drive. (2024 CARRYOVER) 2.A. Street rehabilitation efforts will result in an average Pavement Condition Index of 80 or greater for the Town street network by 2034. 2.A.2 - Complete the reconstruction of Matthew Circle. 3. We will address traffic congestion and improve traffic and pedestrian safety throughout the Town. 3.A. Collaborate with Federal and State partners to mitigate traffic congestion with multimodal solutions throughout the Town. 2.A.3 - Complete the reconstruction of Steamer Parkway 3.B. Develop funding strategies for the design, environmental clearance, and construction of the Moraine Avenue Multimodal Improvements. 2.A.4 - Complete the Cleave Street Improvements Project. (2024 CARRYOVER) 4. We effectively communicate with residents and guests about the Town's parking and transportation options. 3.C. Explore the potential for year-round local and regional transit service. 2.A.5 - Complete the reconstruction of 2nd Street and provide ADA compliant pedestrian facilities following the water main and service installation project. (2024 CARRYOVER) 3.D. Implement the Multimodal Transportation Plan. 3.A.1 - Begin evaluating traffic flow and business impacts upon completion of the Downtown Estes Loop. Town Financial Health - We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. Transportation - We have safe, efficient, and well-maintained multimodal transportation systems for pedestrians, cyclists, motorists, and transit riders. 5. We consider strategic, data-driven investments in technology that promote the financial and environmental sustainability of the Town's parking and transportation assets. 3.E. Fund, commission, and implement a corridor study to deliver multimodal transportation improvements on US 34 between Wonderview Avenue and Steamer Drive.3.C.1 - Seek funding and create an implementation timeline for the year-one recommendations from the Transit Development Plan. (2024 CARRYOVER) 5.A. Implement the Downtown Parking Management Plan in a manner that delivers parking services as a self-sustaining program by 2030. 3.C.2 - Collaborate with RTD and the newly created GoNoCo34 Transportation Management Organization to enhance regional transit connectivity options. 6. We identify and leverage local, regional, and national partnerships that strengthen and extend the Town's parking and transportation system. 6.A. Work with CDOT and other partners to evaluate additional regional transit options along US34 and US36. 3.D.1 - Select specific recommendations from the 2045 Multimodal Transportation Plan for budgeting and implementation in 2026. (2024 CARRYOVER) 8.A. Implement the priorities in the Estes Valley Master Trails Plan. 3.E.1 - Seek grant funding for a corridor study that identifies needed multimodal transportation improvements on US34 (Big Thompson Avenue) between Wonderview Avenue and Steamer Drive. 7. We consider the potential impacts of technology changes, including electric and autonomous vehicles and repurposing of parking structures, in all transportation planning. 8.B. Obtain funding to design and build a functionally connected bike and pedestrian facility network within one mile of Estes Park public schools. 5.A.1 - Identify funding and construct a 3-level parking structure at the Big Horn parking lot. (Multi-year Objective) 8.C. Complete the Fall River Trail using available trail expansion funds, open space funds, and grant funding. 5.A.2 - Evaluate funding options needed to cover the annual debt service for a 3- level parking structure at the Big Horn parking lot (including expansion of paid parking lots and/or rates ). 8. We will develop and maintain sidewalk and trail connectivity in the Estes Valley in partnership with other entities. 5.A.23 - Evaluate the pros and cons of beginning to plan for implementation of Phase 4 of the Downtown Parking Management Plan prior to implementing Phase 3. 8.B.1 - Design the Community Drive Multi-Use Trail (east side of Community Drive between Manford Avenue and US36). If funded through a Safe Routes to School (SRTS) or other grant funding source, advertise for construction in Q4 2025. 8.C.1 Complete design of the Fall River Trail Final Segment and advertise for construction to commence in Q4 2025. 1. We ensure high-quality, reliable, and redundant water service. 1.A. Ensure at least one water treatment plant can reliably operate year-round. 1.A.1 - Use the Water Master Plan results to generate options for achieving reliable year-round operation of at least one water treatment plant. 1.B. Improve water accountability by decreasing per capita treated water demand through loss reduction. 1.B.1 - Develop an enforcement penalty process for customers who do not comply with water administrative regulations. 2. We ensure high-quality, reliable, and sustainable electric distribution service.1.C. Increase the resiliency of the water distribution system. 1.C.1 - Initiate construction of the Mall Road Looping project. 2.C. Use funding from the 1% Sales Tax to help reduce the risk of high-voltage power lines igniting a wildfire. 2.C.1 - Develop a schedule and prioritization of projects to maximize the use of 1A our funds in the areas west of town with the highest wildfire risk. Utility Infrastructure - We have reliable, efficient, and up-to-date utility infrastructure serving our community and customers. 3. We encourage and support renewable energy sources and storage. 3.A. Increase/enhance renewable energy sources and storage by collaborating with PRPA and the other Owner Communities to support PRPA's transition plan to minimize carbon-producing energy. 4.B.2 - Complete at least one stormwater CIP project from the list included in the Stormwater Drainage System Maintenance Policy. 3.B. Establish planning and policy guidance to direct Town investment in zero emission fleet vehicles, equipment, and infrastructure. 5.B.1 - Establish a process to verify applicant-provided information that would determine these applicants as eligible for participation in a low-cost Trailblazer program 4. We are proactive in our approach to mitigating flood risks. 4.A. Continue implementing the Stormwater Master Plan. 4.B. Upgrade and maintain our stormwater collection system to reduce the risk of flooding and damage to public and private property. 5. We ensure access to high-speed, high-quality, reliable Trailblazer Broadband service. 4.C. Pursue flood mitigation initiatives to reduce flood risk and increase public safety. 4.D. Pursue grant funding for private and/ or public flood mitigation and stormwater projects. 6. We partner with the three other owner communities to advance Platte River Power Authority towards our goal of a 100% noncarbon energy mix. 4.E. Implement a Stormwater Program for Estes Park that funds the administration, operation, maintenance, and capital expansion of stormwater infrastructure over a 30 year or greater time period. 4.F. Explore the Community Rating System (CRS) program as a way to minimize flood insurance costs to the community. 5.A. Accumulate net positive revenues and apply for grants to fund capital expansion of the fiber-optic infrastructure. 5.B. Build an affordable internet connection program. 6.A. Advocate for collaboration and consolidation of common modernization platforms between the three owner communities and PRPA to support financial sustainability of PRPA's carbon-to-renewable transition plan. FINAL (11/26/2024) KEY OUTCOME AREA (Alphabetical order) STRATEGIC POLICY STATEMENTS GOALS (MULTI-YEAR)OBJECTIVES (ONE-YEAR) 1. We support a wide range of housing opportunities with a particular focus on workforce and attainable housing. 1.A. Plan for and utilize 6E funds to achieve Workforce and Attainable Housing goals in partnership with the Estes Park Housing Authority and other strategic partners. 2.A.1 - Increase utilization of "Access Granted" program for senior community that will allow participants to share home access codes and emergency contract information so that first responders will not have to damage anything if they need to do an emergency welfare check. 1.B. Incentivize private development of workforce and attainable housing. 4.A.1 - Track progress towards metrics of success established for childcare in 2024. 2. We support the needs of our senior community. 2.A. Develop a needs assessment and strategic plan to meet the needs of the senior community in Estes Park. 5.A.1 - Develop a master plan for Town Parks and Open Space, in cooperation with the Recreation District and Estes Valley Land Trust. Include chapters on water-conscious landscaping and pocket parks. 4.A. Plan for and utilize 6E funds to address childcare issues consistent with the Childcare Needs Assessment and Strategic Plan.6.1 - Formalize an annexation policy with Larimer County. (2024 CARRYOVER) 3. We support the needs of families in our community. 5.A. Implement the recommendations of the 2025 Parks & Open Space Master Plan. 6.A.1 - Continue rewriting the Estes Park Development Code with participation from elected/appointed officials, stakeholders, and residents. (Multi-Year Objective) 5.B. Overhaul outdated and aging landscaping in Children's Park, Riverwalk, and Wiest Park by 2026.7.A.1 - Replace ADA non-compliant signs in Town Hall. 4. We support a wide range of childcare opportunities with a particular focus on infants and toddlers. 5.C. Implement the 2019 Stanley Park Complex Master Plan projects at the Events Complex.7.B.1 - Develop a digital accessibility transition plan as required by state law. 5.D. Maintain a high level of arena footing for horse shows and rodeos at the Events Complex. 7.B.2 - Promote utilization of "Reachwell" app for non-English speaking community alerts (NoCo Alerts & EP Alerts). 5. We expand and improve the durability, functionality, and efficiency of open space and public park infrastructure. 6.A. Complete a full rewrite of the Estes Park Development Code to align with the new Comprehensive Plan.9.A.1 - Complete Museum Annex addition. 6.B. Collaborate with community stakeholders to update our adopted transportation, drainage, and parking design standards and construction policies in the Development Code by 2026. 6. We have an up-to-date Comprehensive Plan and Development Code that reflect the will of the community. 7.A. Implement the 2023 ADA Transition Plan. Town of Estes Park 2025 Strategic Plan Vision: The Town of Estes Park will be an ever more vibrant and welcoming mountain community. Mission: The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our residents, guests, and employees, while being good stewards of public resources and our natural setting. THERE IS NO RANK-ORDERING OR PRIORITIZATION IN THIS PLAN. ALL NUMERICAL DESIGNATIONS ARE FOR REFERENCE PURPOSES ONLY. For the purposes of Strategic Policy Statements, "We" refers to the Town organization, led by the Town Board of Trustees. Exceptional Community Services - Estes Park is an exceptionally vibrant, diverse, inclusive, and active mountain community in which to live, work, and play, with housing available for all segments in our community. ATTACHMENT 2 7.B. Continuously implement organizational processes and services to improve the accessibility of public information in all formats, with a particular focus on the needs of individuals with disabilities and those with limited English proficiency. 7. We are committed to improving community accessibility for residents and guests from diverse cultures, and residents and guests with disabilities. 8. We enact policies that support all demographic segments of the community. 9. We value the Estes Park Museum's work to preserve, share, and respect the unique history of Estes Park, and incorporate that history into our decision-making processes. 10. We support public art and creative endeavors. 1. We maintain a well-trained and educated Town Staff. 1.A. Update and actively work on Human Resources Strategic Plan Action Items annually.1.A.1 - Implement 2024 Organizational Culture Action Plan. 2.A. Complete a review of the Town employee benefit package to ensure the Town remains competitive and aligned with other municipalities. 1.A.2 - Revise Employee Success & Development Form and Process for 2025 based on feedback received in 2024. 2. We attract and retain high-quality staff by being an employer of choice, including offering highly competitive benefits and wages, and encouraging work-life balance. 3.A. Ensure adequate grant writing capacity as the current grant resources shift in time allocation. 2.A.1 - Propose and implement approved recommendations from the Town employee benefit package review conducted in 2024. 3.B. Ensure adequate resourcing to meet the current and future preventative facilities maintenance needs for Town buildings and parcels. 4.A.1 - Investigate translation of the volunteer form into other languages to solicit a diverse applicant pool. 3. We match service levels with the resources available to deliver them. 4.A. Explore options to improve the Town's ability to ensure diverse membership representation on Boards and Commissions.7.B.1 - Implement new Human Resources Information System/Payroll. 5.A. Conduct a community survey biennially in odd years to measure our performance and community preferences. 7.B.2 - Add process improvement goals to the Employee Success and Development program to reinforce the value. 4. We strive to ensure that the membership of our Boards and Commissions reflects the diversity of the community. 5.B. Evaluate inclusivity of Town community engagement processes.7.B.3 - File all new employee records electronically starting in 2025. 7.A. Implement a Town performance management system including appropriate measures. 7.B.4 - Evaluate the development of a searchable public GIS portal to enhance access to available property records. 5. We strive to gain meaningful input and participation from all community members. 7.B. Develop an organizational culture that encourages continuous process improvement.7.C.1 - Continue evaluation of permanent Financial records for digitization. 7.C. Digitize Town records within Laserfiche. 9.A.1 - Replace Town firewalls and associated software for increased web protection. Governmental Services and Internal Support - We provide high-quality support for all municipal services. 6. We prioritize and support a culture of customer service throughout the organization. 9.A. Minimize risk of becoming a victim of cybersecurity threats. 9.A.2 - Implement additional security measures to better protect the Town against cyber threats. 10.A. Continually evaluate the functionality of our website to ensure it serves the needs of our customers. 11.A.1 - Complete building life cycle audits for Town Hall and the Visitor Center. 7. We support a culture of continuous improvement in our internal processes and service delivery. 11.A. Evaluate the service condition, safety, functionality, accessibility, and land-use restrictions of our 32 public buildings using a data-driven approach and document the outcomes in our LUCITY asset management system. 11.B.1 - Remodel the public restrooms in Town Hall. 11.B. Upgrade the quality, function, and safety of the Town's public restrooms. 11.C.1 - Replace florescent lighting with LED lights in the Street Shop. 8. We operate with transparency, maintaining open communication with all community members and proactively making Town information available to the public. 11.C. Pursue energy conservation projects that improve the efficiency of our buildings. 11.D.1 - Start design efforts and pursue land acquisition necessary to relocate the Police Department out of Town Hall. (2024 CARRYOVER) 11.D. Establish a timeline and funding strategy to implement the Facilities Master Plan recommendations. Start with the relocation of the Police Department out of Town Hall. 9. We monitor for, and protect against, cybersecurity threats. 11.E. Work with the Fire District to investigate and evaluate strategies to use Town-owned buildings and Town projects to demonstrate wildfire mitigation techniques for facilities. 11.F. Plan to meet the space needs of the Facilities Division. 10. We maintain a robust, transparent, accessible, and user- friendly public-facing website. 11. We ensure that our facilities are well-maintained and meet the needs of Town Departments and the community. 1. We value broad collaboration in providing outstanding guest services. 2.A. Develop events that attract guests to Town in the winter and shoulder seasons as well as mid-week events. 2.A.1 - Develop a guiding philosophy for events that includes consideration of impact on businesses and the community. 2.B. Continue to develop and attract diverse events and audiences. 2.B.1 - Add Breakaway Roping as a women's competitive event at the Rooftop Rodeo. 2. We provide and support high-quality events that attract guests to the Town. 2.C. Continue to support events through creativity, innovation, and technology. 2.C.1 - Utilize Laserfiche to automate event processes such as event orders, vendor inquiries and forms, and check request forms. 3.A. Work with public- and private-sector entities to encourage additional town destination opportunities for guests, including the Museum, particularly in case visitation limits in the National Park or elsewhere remain a factor. 4.1 - Evaluate and implement better tracking metrics for the Town's outdoor festivals. Outstanding Guest Services - We are a preferred Colorado mountain destination providing an exceptional guest experience. 3. We strive to balance the impacts of visitation with the needs and quality of life of our residents and our key outcome areas. 4.A. Continue to monitor and adjust marketing focus to events that are branded to and successful in Estes Park. 5.1 - Ensure the availability of an Official Visitor Guide mailing program. 5.A. Implement the Visitor Services Strategic Plan. 5.B.1 - Collaborate with the Rocky Mountain Conservancy to provide on-site education opportunities at the Estes Park Visitor Center. 4. We balance data-driven decisions with community values when serving our guests and residents using up-to-date and relevant data. 5.B. Visitor Services will work with Visit Estes Park and the Rocky Mountain Conservancy on developing and implementing ways to help educate and entertain guests at the Visitor Center. 5.B.2 - Explore interactive exhibit for the Estes Park Visitor Center. 5.C. Continue to implement a Guest Services (Service Elevated) annual training for volunteers in the Visitor Center. 5. We contribute to an exceptional guest experience through a high-quality Visitor Services Division. 6. We work to ensure that Estes Park is a sustainable tourism destination. 1. We are committed to safeguarding the lives and property of the people we serve. 1.A. Evaluate and meet the sworn officer, dispatch, and support services staffing needs of the Police Department. 2.C.1 - Explore the feasibility of solar panels and battery storage on the proposed new Police Department building. 1.B. Integrate security camera systems in Town Hall, Visitor Center, Events Complex, and Museum. 2.G.1 - Evaluate the feasibility of plug-in hybrid vehicles for use in the Police Department. 2. We support environmental stewardship and sustainability through our policies and actions. 1.C. Evaluate pandemic response plan. 2.G.2 - Replace hedge trimmers, leaf blowers, and line trimmers powered with internal combustion engines with battery operated tools to comply with state standards for municipal governments. 2.A. Continue to incorporate the Environmental Sustainability Task Force recommendations into Town operations. 2.G.3 - Partner with Larimer County to utilize grant funds to develop a Climate Action Plan specific to Estes Park. 3. We are committed to fairness and support for victims of crime and disasters. 2.B. Modify codes and regulations to support alternative and distributed energy. 2.H.1 - Collaborate with Drive Clean Colorado to accelerate equitable adoption of clean transportation options. 2.C. Encourage solar energy options for new and established homes and businesses, including Town Buildings. 5.1 - Increase interagency operability by collaborating with public safety partners on radio channel sharing authorizations. 4. We value the importance of maintaining a local emergency communication center to serve the Estes Valley. 2.D. Support beneficial electrification of buildings by encouraging the replacement of fossil-fuel appliances with cleaner electric alternatives. 7.A.1 - Acquire dual-band radios for Police Department supervisors to assure emergency communications during critical incidents and disasters. 2.E. The Events and Visitor Services Department will reduce the environmental impacts of Town events. 5. We strive to enhance the safety of emergency responders. 2.F. Support the County-wide Wasteshed Plan and will remain active partners with Larimer County in its implementation. Public Safety, Health, and Environment - Estes Park is a safe place to live, work, and visit within our extraordinary natural environment. 2.G. Establish the Town's role in environmental stewardship and sustainable practices. 6. We believe in and support restorative practices as a way to build and repair relationships, as well as increase understanding about the impact of crime in the Estes Park Community. 2.H. Continue work with Larimer County on Climate Smart Future Ready initiative. 7.A. Work collaboratively with the Estes Valley Fire Protection District to build an Emergency Management function that is focused on resilience, planning for emergencies, responding to emergencies, and recovering from emergencies. 7. We train and prepare to fully and immediately respond to community emergencies. 8. We are proactive in our approach to wildfire planning and mitigation in response to elevated fire risks in the Estes Valley and the surrounding area. 9. We recognize the importance of behavioral health in our community and work with local and regional partners to improve mental health safety, treatment, and awareness. 1. We foster an inclusive, robust, and sustainable economy based on a triple-bottom-line model, considering economic, social, and environmental impacts and benefits. 2.A. Improve and streamline the Development Review process. 2.A.1 - Implement a new software module from SAFEbuilt to allow electronic submittal of development applications and automated workflow processing. 4.A. Implement the Downtown Plan. 2. We create and sustain a favorable business climate. 5.A. Conduct corridor studies for the corridors called out in the Comprehensive Plan. 6.A. Work with the Economic Development and Workforce Council to build capacity for small business owners to address employee housing needs. 3. We support a diverse economy, attracting and serving a broad range of current and potential stakeholders. 4. We recognize the importance of a vibrant, attractive, and economically viable downtown. 5. We support investment and revitalization in all of the Town's commercial areas. 6. We support economic and workforce development efforts led by other organizations. Robust Economy - We have a diverse, healthy, year-round economy. 7. We recognize the benefits of shopping locally and will actively support our local businesses and the local economy. 1. We maintain up-to-date financial policies, tools, and controls that reflect the financial philosophy of the Board. 1.A. Replace the current accounting system with a modern Enterprise Resource Planning (ERP) system by 2025. 1.A.1 - Complete the implementation of the Enterprise Resource Planning (ERP) system by the end of 2025. 1.B. Develop a set of general budget policies to help guide budget development in the future. This should include consideration of reserve policies, use of one time funding, budgeting approach to vacancies, etc. 1.B.1 - Finalize a set of general budget policies to help guide budget development in the future. 2. We make data-driven financial decisions. 3. We will consider the most effective financing strategy for large capital projects on a case-by-case basis, ensuring that each financing package is appropriately tailored to the project under consideration. 1. We value the development and maintenance of a sustainable, accessible, and efficient multimodal transportation network. 1.A. Upgrade and maintain our public trail network to comply with adopted safety and disability standards utilizing directed sales tax funding approved through 2034. 1.A.1 - Complete Phase 1 (design) of the US34 and SH7 trail reconstruction projects. 1.B. Evaluate the possibility of adopting impact fees and fee- in-lieu mechanisms to assist in funding multimodal transportation improvements. 2.A.1 - Complete the rehabilitation of West Elkhorn Avenue from Moraine Avenue to Far View Drive. (2024 CARRYOVER) 2. We will maintain a high-quality network of streets for our community.1.C. Implement the Wayfinding Signage Program. 2.A.2 - Complete the reconstruction of Matthew Circle. 2.A. Street rehabilitation efforts will result in an average Pavement Condition Index of 80 or greater for the Town street network by 2034. 2.A.3 - Complete the reconstruction of Steamer Parkway 3. We will address traffic congestion and improve traffic and pedestrian safety throughout the Town. 3.A. Collaborate with Federal and State partners to mitigate traffic congestion with multimodal solutions throughout the Town. 2.A.4 - Complete the Cleave Street Improvements Project. (2024 CARRYOVER) 3.B. Develop funding strategies for the design, environmental clearance, and construction of the Moraine Avenue Multimodal Improvements. 3.A.1 - Begin evaluating traffic flow and business impacts upon completion of the Downtown Estes Loop. 4. We effectively communicate with residents and guests about the Town's parking and transportation options. 3.C. Explore the potential for year-round local and regional transit service. 3.C.1 - Seek funding and create an implementation timeline for the year-one recommendations from the Transit Development Plan. (2024 CARRYOVER) Town Financial Health - We will maintain a strong and sustainable financial condition, balancing expenditures with available revenues, including adequate cash reserves for future needs and unanticipated emergencies. Transportation - We have safe, efficient, and well-maintained multimodal transportation systems for pedestrians, cyclists, motorists, and transit riders. 3.D. Implement the Multimodal Transportation Plan. 3.C.2 - Collaborate with RTD and the newly created GoNoCo34 Transportation Management Organization to enhance regional transit connectivity options. 5. We consider strategic, data-driven investments in technology that promote the financial and environmental sustainability of the Town's parking and transportation assets. 3.E. Fund, commission, and implement a corridor study to deliver multimodal transportation improvements on US 34 between Wonderview Avenue and Steamer Drive. 3.D.1 - Select specific recommendations from the 2045 Multimodal Transportation Plan for budgeting and implementation in 2026. (2024 CARRYOVER) 5.A. Implement the Downtown Parking Management Plan in a manner that delivers parking services as a self-sustaining program by 2030. 3.E.1 - Seek grant funding for a corridor study that identifies needed multimodal transportation improvements on US34 (Big Thompson Avenue) between Wonderview Avenue and Steamer Drive. 6. We identify and leverage local, regional, and national partnerships that strengthen and extend the Town's parking and transportation system. 6.A. Work with CDOT and other partners to evaluate additional regional transit options along US34 and US36. 5.A.1 - Identify funding and construct a 3-level parking structure at the Big Horn parking lot. (Multi-year Objective) 8.A. Implement the priorities in the Estes Valley Master Trails Plan. 5.A.2 - Evaluate the pros and cons of beginning to plan for implementation of Phase 4 of the Downtown Parking Management Plan prior to implementing Phase 3. 7. We consider the potential impacts of technology changes, including electric and autonomous vehicles and repurposing of parking structures, in all transportation planning. 8.B. Obtain funding to design and build a functionally connected bike and pedestrian facility network within one mile of Estes Park public schools. 8.B.1 - Design the Community Drive Multi-Use Trail (east side of Community Drive between Manford Avenue and US36). If funded through a Safe Routes to School (SRTS) or other grant funding source, advertise for construction in Q4 2025. 8.C. Complete the Fall River Trail using available trail expansion funds, open space funds, and grant funding. 8.C.1 Complete design of the Fall River Trail Final Segment and advertise for construction to commence in Q4 2025. 8. We will develop and maintain sidewalk and trail connectivity in the Estes Valley in partnership with other entities. 1. We ensure high-quality, reliable, and redundant water service. 1.A. Ensure at least one water treatment plant can reliably operate year-round. 1.A.1 - Use the Water Master Plan results to generate options for achieving reliable year-round operation of at least one water treatment plant. 1.B. Improve water accountability by decreasing per capita treated water demand through loss reduction. 1.B.1 - Develop an enforcement process for customers who do not comply with water administrative regulations. 2. We ensure high-quality, reliable, and sustainable electric distribution service.1.C. Increase the resiliency of the water distribution system. 1.C.1 - Initiate construction of the Mall Road Looping project. 2.C. Use funding from the 1% Sales Tax to help reduce the risk of high-voltage power lines igniting a wildfire. 2.C.1 - Develop a schedule and prioritization of projects to maximize the use of 1A funds in the areas west of town with the highest wildfire risk. Utility Infrastructure - We have reliable, efficient, and up-to-date utility infrastructure serving our community and customers. 3. We encourage and support renewable energy sources and storage. 3.A. Increase/enhance renewable energy sources and storage by collaborating with PRPA and the other Owner Communities to support PRPA's transition plan to minimize carbon-producing energy. 4.B.2 - Complete at least one stormwater CIP project from the list included in the Stormwater Drainage System Maintenance Policy. 3.B. Establish planning and policy guidance to direct Town investment in zero emission fleet vehicles, equipment, and infrastructure. 5.B.1 - Establish a process to verify applicant-provided information that would determine these applicants as eligible for participation in a low-cost Trailblazer program 4. We are proactive in our approach to mitigating flood risks.4.A. Continue implementing the Stormwater Master Plan. 4.B. Upgrade and maintain our stormwater collection system to reduce the risk of flooding and damage to public and private property. 5. We ensure access to high-speed, high-quality, reliable Trailblazer Broadband service. 4.C. Pursue flood mitigation initiatives to reduce flood risk and increase public safety. 4.D. Pursue grant funding for private and/ or public flood mitigation and stormwater projects. 6. We partner with the three other owner communities to advance Platte River Power Authority towards our goal of a 100% noncarbon energy mix. 4.E. Implement a Stormwater Program for Estes Park that funds the administration, operation, maintenance, and capital expansion of stormwater infrastructure over a 30 year or greater time period. 4.F. Explore the Community Rating System (CRS) program as a way to minimize flood insurance costs to the community. 5.A. Accumulate net positive revenues and apply for grants to fund capital expansion of the fiber-optic infrastructure. 5.B. Build an affordable internet connection program. 6.A. Advocate for collaboration and consolidation of common modernization platforms between the three owner communities and PRPA to support financial sustainability of PRPA's carbon-to-renewable transition plan.