HomeMy WebLinkAboutPACKET Town Board 2025-01-28The 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, January 28, 2025
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.
POLICY GOVERNANCE MONITORING REPORT - POLICY 3.3. Board Policy 2.3
established reporting requirements for the Town Administrator under Policy
Governance. Policy 3.3 is reported on quarterly (January, April, July, October).
CONSENT AGENDA:
1. Bills - https://dms.estes.org/WebLink/browse.aspx?id=253208.
2.Town Board Meeting and Study Session Minutes dated January 14, 2025.
3.Estes Park Planning Commission Minutes dated November 19, 2024
acknowledgement only).
Prepared 2025-01-28
Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4. Resolution 08-25 Contract with Everest Mechanical Estes Park LLC for On-Call
Plumbing Services in 2025.
5. Appointment of Reuben Bergsten to the Platte River Power Authority Board of
Directors for a 3- year term commencing January 1, 2025 and expiring December 31,
2027.
6. Acceptance of Town Administrator Policy Governance Monitoring Report.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Ingram and Public
Affairs Officer Patterson.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. ORDINANCE 01-25, ZONING MAP AMENDMENT FOR 860 SOUTH SAINT
VRAIN AVENUE, CHARLES SANTAGATI, OWNER/APPLICANT. Senior
Planner Hornbeck.
To rezone 860 South Saint Vrain Avenue from E (Estate) to RM (Multifamily
Residential).
ACTION ITEMS:
1. RESOLUTION 09-25 SUPPORTING THE ESTES PARK SALUD FOUNDATION AND
SALUD FAMILY HEALTH’S FUNDRAISING EFFORTS TO AVOID CLOSURE OF
THE ESTES PARK SALUD FAMILY HEALTH CENTER. Deputy Town Administrator
Damweber.
To consider support for the continued operation of the clinic through advocacy and
encouragement of financial donations from individuals and contributions from other
levels of government.
ADJOURN.
Town Administrator’s OfficeMemo
To: Honorable Mayor Hall
Board of Trustees
From: Town Administrator Machalek
Date: January 28, 2025
RE: Policy Governance Monitoring Report – Policy 3.3
Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board. In January of each year the
Town Administrator is required to report on Policies 3.3 (Financial Planning and
Budgeting).
Policy 3.3 states:
With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government.”
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
Policy 3.3: With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal
integrity of Town government. Accordingly, the Town Administrator shall not allow
budgeting which:
3.3.1: Deviates from statutory requirements.
Status: Compliance
Interpretation: I interpret this to mean that our budgeting practices and policies
comply with all requirements contained in the Colorado Revised Statutes that are
applicable to statutory towns.
Compliance with the policy will be achieved when: There are no deviations in
our practices or policies from what is required by State Statute.
Evidence:
1. The annual independent audit
2. Annual Comprehensive Financial Report (ACFR)
3. All policies are reviewed for legal compliance by the Town Attorney
4. No State-issued non-compliance notifications to the Town of Estes Park
regarding our budgetary obligations under State Statute.
Report: I report compliance.
3.3.2: Deviates materially from Board-stated priorities in its allocation among
competing budgetary needs.
Status: Compliance
Interpretation: I interpret this to mean that the annual budget adopted by the
Board of Trustees represents the officially adopted priorities of the Board. This
includes any budget amendments approved by the Town Board throughout the
year and any specific spending authorizations approved by the Town Board. I
interpret “materially deviate” to mean any change in spending priority that results
in a resource diversion away from any Board objective, goal, or outcome that is
substantial enough to hinder the achievement of the objective, goal, or outcome. I
do not interpret minor deviations resulting from changing circumstances,
community demands, and/or unforeseen circumstances outside of the Town’s
control as material deviations.
Compliance with the policy will be achieved when: Budget spending does not
materially deviate from the levels approved in the adopted budget.
Evidence:
1. The 2025 adopted budget was prepared based on the Board’s Strategic
Plan.
2. Any substantial budget changes have been presented to the Board for
review and approval as budget amendments.
3. HTE budget reports for each department are available on request.
Report: I report compliance.
3.3.3: Contains inadequate information to enable credible projection of revenues
and expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
Status: Compliance
Interpretation: I interpret this to mean that the Town Administrator’s
recommended budget must be based on credible data and the best available
information concerning the local economy and other factors that may impact the
Town’s revenues and expenses. In addition, the budget is to be structured to
separate capital expenditures from operational costs. All revenue projections will
be based on the professional judgement of the Town’s Finance Director.
Compliance with the policy will be achieved when:
Operational revenue projections are clear and projected and actual
revenues are within a 10% margin of error, barring any catastrophic
events.
The budget presented to the Board for adoption is in a format that
separates revenues, expenses, and capital expenditures.
Critical assumptions used in preparing the budget are clearly articulated to
the Board during budget review sessions.
Evidence:
1. Operational revenue projections for 2024 are currently within a 10%
margin of error.
2. The 2025 adopted budget is presented in a format that separates revenues,
expenditures, and capital.
3. Critical assumptions used in preparing the budget were discussed with the
Board during budget review sessions as well as during budget amendment
discussions.
Report: I report compliance.
3.3.4: Plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are otherwise
available.
Status: Compliance
Interpretation: I interpret this to mean that the proposed budget must be
balanced. This includes expenditures for the year not exceeding the revenues
received from all sources. Exceptions are Board-approved use of fund balances,
and use of funds that have been accumulated over a period of time, with the
approval of the Board, with the intent of saving funds to pay for a specific project
or capital expense.
Compliance with the policy will be achieved when: The proposed budget meets
the above criteria, inclusive of any board approved spending of fund balance or
specific reserve funds.
Evidence:
1. The adopted budget demonstrates that I have not allowed budgeting which
plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are
otherwise available.
Report: I report compliance.
3.3.5: Reduces fund balances or reserves in any fund to a level below that
established by the Board of Town Trustees by adopted policy.
Status: Compliance
Interpretation: I interpret this to mean that fund balance reserves must be
calculated at every budget amendment, and that the General Fund reserve shall
not drop below 25% unless otherwise authorized by the Board. If the Board
approves and adopts a budget that plans for reducing the fund balance below the
25% level, I interpret this as being authorized by the Board.
Compliance with the policy will be achieved when:
The latest budget amendment shows a General-Fund fund balance of 25%
or greater, unless otherwise approved by the Board.
The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise approved by the Board.
Evidence:
1. 2024 Budget Amendment #6 anticipates a 30.3% General-Fund fund
balance at the end of 2024.
2. The 2025 adopted budget anticipates a 25.3% General-Fund fund balance
at the end of 2025.
Report: I report compliance.
3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to
significant shortfalls within the Town’s budget.
Status: Compliance
Interpretation: I interpret this to mean that I must prepare a budget that
maintains a fund balance of 25% or more in the General Fund and adequate fund
balances in all enterprise funds, including the required TABOR reserve and the
current cash reserves as defined in Board Policy 670 – Cash and Investment
Reserve and Contingency.
Compliance with the policy will be achieved when:
The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise authorized by the
Board.
The current cash reserves meet the criteria defined in Board Policy 670 –
Cash and Investment Reserve and Contingency.
Evidence:
1. The 2023 ACFR shows an 80.4% General-Fund fund balance at the end of
2023.
2. 2024 Budget Amendment #6 anticipates a 30.3% General-Fund fund
balance at the end of 2024.
3. The 2025 adopted budget anticipates a 25.3% General-Fund fund balance
at the end of 2025.
4. Current cash and investment reserves are reported to the Board on a
monthly basis, as required by Board Policy 670.
5. The Town’s budget contingency plan is established in Policy 670 (Section
3.b).
Report: I report compliance.
3.3.7: Fails to provide for an annual audit.
Status: Compliance
Interpretation: I interpret this to mean that I must ensure that the Town
completes an independent audit annually. Further, that audit report should result
in an unqualified and unmodified opinion from the Board’s auditors.
Compliance with the policy will be achieved when: The annual audit is
complete and presented to the Town Board.
Evidence:
1. The 2023 Audit has been completed and the ACFR prepared and
submitted to the State of Colorado with an unqualified and unmodified
opinion from the Board’s auditors.
2. The 2023 Audit has been delivered to the Audit Committee and Town
Board.
3. The 2024 Audit is underway.
Report: I report compliance.
3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current
or future bond ratings of the Town.
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that will
negatively impact the Town’s bond rating. This includes maintaining adequate
fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios
for all revenue bonds associated with the Town’s enterprise funds.
Compliance with the policy will be achieved when:
I am in compliance with 3.3.5.
Required bond coverage ratios are met.
Evidence:
1. The 2023 ACFR shows an 80.4% General-Fund fund balance at the end of
2023.
2. 2024 Budget Amendment #6 anticipates a 30.3% General-Fund fund
balance at the end of 2024.
3. Our current (December 31, 2024) estimated bond-coverage ratio for Power
and Communications (245%) exceeds the required ratio of 125%.
4. Our current (December 31, 2024) estimated bond-coverage ratio for Water
478%) exceeds the required ratio of 110%.
Report: I report compliance.
3.3.9: Results in new positions to staffing levels without specific approval of the
Town Board. The Town Administrator may approve positions funded by
grants, which would not impose additional costs to the Town in addition to
the grant funds, and any temporary positions for which existing budgeted
funds are allocated.
Status: Compliance
Interpretation: I interpret this to mean that I cannot allow any new positions or
expansion of any part-time positions to be advertised or filled without prior Board
approval. I may allow new positions or partial positions funded by grants or
temporary positions for which existing budgeted funds are allocated without prior
approval of the Board. I may also allow reductions in staffing without Board
approval.
Compliance with the policy will be achieved when: No new positions or
expansion of any part-time positions are approved and/or hired without approval
of the Board, with the exceptions noted above.
Evidence:
1. All positions are indicated in the adopted and proposed budgets and no
unapproved positions have been created.
Report: I report compliance.
Town of Estes Park, Larimer County, Colorado, January 14, 2025
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 14th day of January, 2025.
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 7:07 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Younglund/Hazelton) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
Robert Johnson/Town resident, Steve and Carol Thomas/Town resident, Chris
Fisherkeller/Town resident, Audem Nelson/Town resident, Nataliya Pleshkova/Town
resident, Rutt Miller/Town resident, Jenny Forester/Town resident, Linda Bensey/Town
resident, Melissa Wood/County resident, Jennifer Bass/Town resident, and Wayne
Park/County resident, members of an ad-hoc coalition, presented information on a draft
resolution in support of immigration similar to Resolution 10-18 adopted by the Town
Board in 2018. The group shared the history of immigration within the United States over
the years including the Declaration of Human Rights; reviewed the rights provided within
the US constitution to all people including immigrants; the increased risk of mass arrest
and deportation within the upcoming months and its impacts on our community;
immigrants are a vital segment of the US through the work they perform, taxes they pay
97 billion in taxes, $23 billion in Social Security and $6 billion in Medicare), and positive
contributions to society; commented on the number of undocumented members of the
Estes Park community; removing undocumented family members would have a negative
impact on the families that already live in constant fear of being arrested or deported; a
reduction of immigrants within the community would negatively impact the school district
by decreasing enrollment; a reduction in the workforce would negatively impact the
community which depends on tourism; and requested the Board adopt the following: 1)
renew the call for action for immigration reform to the Colorado and National delegations
of Resolution 10-18; 2) ensure equal access for support services; 3) support the laws that
preserve the rights of all people in Estes Park; 4) apply the laws to defend immigrants
within our community; and 5) adjust and create local policies to keep immigrant families
together.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: invited the public to the
upcoming Colorado Open Meetings and Records Workshop; 2nd annual First Peoples
Festival to take place to celebrate their culture; Behavioral Health Council has provided
grants to local entities including the Harmony Foundation, School District and Crossroads;
Sister Cities would send seven students and three teachers on an exchange to
Monteverde, Costa Rica during spring break in March; Restorative Justice to host a
DR
AFT
Board of Trustees – January 14, 2025 – Page 2
deliberative engagement series jointly with the Library; Visit Estes Park approved their
2025 budget; the search for the next CEO would continue with preliminary interviews;
encourage residents to participate in the Citizen Information Academy; and commented
the first individuals have been moved into the Housing Authority’s newly acquired
workforce housing at Fall River Village.
TOWN ADMINISTRATOR REPORT.
None.
CONSENT AGENDA:
1. Bills.
2. Town Board Meeting and Study Session Minutes dated December 10, 2024.
3. Transportation Advisory Board Minutes dated October 16, 2024 (acknowledgement
only).
4. Board of Adjustment Minutes dated December 3, 2024 (acknowledgement only).
5. Resolution 01-25 Public Posting Area Designation.
It was moved and seconded (Cenac/Igel) to approve the Consent Agenda with the
removal of Consent Item 5, and it passed unanimously.
Consent Item #5 - Resolution 01-25 Public Posting Area Designation. The proposed
resolution designates, as required by Colorado Revised Statute, where public postings
of Town meetings would occur. As outlined in the proposed resolution, the Town posts
all notices of public meetings on the Town’s website. HB 19-1087 revised the statute to
allow posting of public meetings on municipal websites in lieu of posting in a physical
location. Town Clerk Williamson noted the Town began posting on the Town’s website
in 2020 and has done so for the past four years with no comments or complaints received
regarding the postings. Board discussion followed on the posting requirements, including
whether or not posting the notices phsyically in Town Hall in addition to posting on the
website should be considered. After further discussion it was moved and seconded
Hazelton/Younglund) to approve the Consent Agenda Item 5 - Resolution 01-25
Public Positing Area Designation as presented, and it passed with Trustees Brown
and Igel voting “No”.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. SALUD FOUNDATION’S COMMUNITY HEALTH CENTERS UPDATE. Executive
Director Santisteven provided an overview of the services provided by Salud to the
underserved within the Estes Park community. He stated Salud and other safety net
providers are facing significant financial challenges that may impact rural sites such
as Estes Park, and even face the closing of the facility. Issues impacting the financial
stability of these clinics include the impact of inflation, the static support at the federal
level of 15% funding with no adjustment for inflationary costs, the Medicaid unwind
from COVID-19, and currently operating at a $1 million deficit per month. He stated
his intent was to educate at the local, state, and federal level to assist in addressing
the issue and prevent the clinics from being closed due to a lack of adequate funding.
He requested support and advocacy from the Board at the state and federal level to
inform them of how important the clinics are in supporting the health and wellbeing of
the community members. Doug Frisbee/Estes Park Foundation stated the foundation
has been working with Salud to keep the clinic open through fundraising efforts. He
noted Estes Park has been the only community asked to raise the funds necessary to
address the $1 million operating deficit. Trustee Lancaster stated support for a Town
resolution to support the ongoing funding of Salud and other medical and mental
health facilities. Staff would prepare a resolution for the Board’s consideration at the
January 28, 2025 meeting.
DR
AFT
Board of Trustees – January 14, 2025 – Page 3
LIQUOR ITEMS:
1. RESOLUTION 02-25 TRANSFER OF A HOTEL & RESTAURANT LIQUOR
LICENSE FROM BLACK CANYON CATERING INC. DBA DELLA TERRA
MOUNTAIN CHATEAU TO Z GOLF FOOD & BEVERAGE SERVICES, LLC DBA
DELLA TERRA MOUNTAIN CHATEAU, 3501 FALL RIVER DRIVE, ESTES PARK,
CO 80517. Mayor Hall opened the public hearing and Town Clerk Williamson
presented Resolution 02-25 for the transfer of a Hotel & Restaurant liquor license. She
reviewed the application for the transfer of ownership, stating all paperwork and fees
had been submitted and a temporary permit was issued December 2, 2024, which
authorizes the Transferee to continue the sale of alcohol while the transfer application
was pending. Brandon Sandberg/Attorney with Dill and Dill presented the application
along with Taylor Wright/Liquor Manager for Estes Park Wedgewood licenses. The
applicant was aware of the Training for Intervention Procedures (TIPS) requirement,
and stated all staff handling the sales of alcohol would be TIPS trained. Mayor Hall
closed the public hearing and it was moved and seconded (Hazelton/Younglund) to
approve Resolution 02-25 to transfer a Hotel & Restaurant license held by Black
Canyon Catering Inc. dba Della Terra Mountain Chateau to Z Golf Food &
Beverage Services, LLC dba Della Terra Mountain Chateau located at 3501 Fall
River Road, Estes Park, and it passed unanimously.
2. RESOLUTION 03-25 TRANSFER OF A LODGING AND ENTERTAINMENT
LIQUOR LICENSE FROM BLACK CANYON CATERING INC. DBA DELLA TERRA
EVENTS TO Z GOLF & BEVERAGE SERVICES, LLC DBA DELLA TERRA BY
WEDGEWOOD WEDDINGS, 3501 FALL RIVER DRIVE, ESTES PARK, CO 80517.
Mayor Hall opened the public hearing and Town Clerk Williamson presented
Resolution 03-25 for the transfer of a Lodging and Entertainment Liquor License
noting the state has recently revised the liquor code to create two separate licenses
from this category as either a Lodging license or an Entertainment license. If
approved, the applicant has applied for an Entertainment license moving forward. She
reviewed the application for the transfer of ownership, stating all paperwork and fees
had been submitted and a temporary permit was issued December 2, 2024, which
authorizes the Transferee to continue the sale of alcohol while the transfer application
was pending. The applicants were available to answer any additional questions.
Mayor Hall closed the public hearing and it was moved and seconded
Younglund/Hazelton) to approve Resolution 03-25 to transfer a Lodging and
Entertainment license held by Black Canyon Catering Inc. dba Della Terra
Events to Z Golf Food & Beverage Services, LLC dba Della Terra by Wedgewood
Weddings located at 3501 Fall River Road, Estes Park, and it passed
unanimously, and it passed unanimously.
ACTION ITEMS:
1. RESOLUTION 04-25 PROFESSIONAL SERVICES CONTRACT WITH DESIGN
WORKSHOP INC. FOR AN UPDATE TO THE ESTES PARK DEVELOPMENT
CODE. Director Careccia stated a request for proposals was issued on July 31, 2024
to identify a qualified consultant to assist the Town with updating the Estes Park
Development Code adopted in 2000 and amended over the years. He stated the
Development Code requires an update to bring it into contemporary standards,
incorparte modern best practices and efficiencies, ensure consistent language, and
bring it into alignment with the Estes Forward Comprehensive Plan adopted in 2022.
Three consultants were interviewed and evaluated by staff with Design Workshop as
the selected firm due to their team’s experience, project history, and scope of services.
A proposed contract has been negotiated with a not to exceed amount of $300,000
and a project timeline of completion of December 31, 2026. After further conversation,
it was moved and seconded (Hazelton/Younglund) to approve Resolution 04-25,
and it passed unanimously.
2. RESOLUTION 05-25 6E FUNDING EXPENDITURE TO BOYS AND GIRLS CLUB
OF LARIMER COUNTY IN ESTES PARK. Housing and Childcare Manager Bangs
reaffirmed the annual Workforce Housing and Childcare Funding Plan prioritizes out-
of-school programming for the allocation of 6E funds. The Boys and Girls Club of
DR
AFT
Board of Trustees – January 14, 2025 – Page 4
Larimer County received funding in 2023 in the amount of $75,000 and used the funds
to invest in competitive pay, comprehensive benefits, and staff training to recruit and
retain quality staff in the Estes Valley which resulted in serving 80 individual Estes
Park youth during the 23-24 school year. The current request from the organization
would fund the 24-25 school year in the amount of $80,000. This request was deferred
due to the purchase of a childcare facility in 2024 that lead to a need to consider this
request once additional funds were received to cover the cost of the grant.
Alison Hines/Boys and Girls Club of Larimer County CEO provided an overview of the
organization and stated the additional funding increased enrollment from 40 in 2023
to 79 in 2024. The additional funding also enabled the Club to expand program care
to include school out days, increase attendance by 50%, and expand academic
support through CO-AAP grant for STEM and math tutoring in coordination with the
Estes Park School District.
After further conversation, it was moved and seconded (Cenac/Hazelton) to
approve Resolution 05-25, and it passed unanimously.
3. RESOLUTION 06-25 6E FUNDING EXPENDITURE TO THE ESTES PARK
ELEMENTARY SCHOOL R-3. Housing and Childcare Manager Bangs presented an
application from the Estes Park Elementary School to fund the Project Launch
program which has been funded by the RISE grant to provide care and learning to
over 70 students over the past four years. The grant has ended, however, the
community and parents have depended on the program for high-quality care and
programming. The request would fund the program for 16 full days of programming
to approximately 80 children, ranging from kindergarten to fifth grade. Students in the
program qualify for free or reduced lunch, are English Language Learners, or are
below grade level in reading. The request of $55,000 would fund the 2025 summer
programming costs.
Erin Miller/Estes Park Elementary School Principal provided an overview of the Project
Launch program that has been offered for free to families in the community for the
past four years. Priority has been given to children aged four to eight, as they face
the greatest challenges in securing summer care. The progam utilizes certified
teachers and High School P-TEACH program participants to assist students in
preparing for the upcoming school year. The grant would fund the program and
increase enrollment. The program focuses on reading each summer based on pre-
post assessment which has decreased the “summer-slide”.
It was moved and seconded (Cenac/Hazelton) to approve Resolution 06-25, and
it passed unanimously.
4. RESOLUTION 07-25 PROFESSIONAL SERVICES CONTRACT WITH THE CAR
PARK FOR MANAGEMENT OF THE TOWN’S PUBLIC PARKING FACILITIES.
Manager Klein stated Public Works solicited request for proposals from well-qualified
professional parking management firms with six firms responding. The selection
committee consisting of representatives from the Estes Park Chamber Commerce,
Estes Park Visitor Center, Estes Park Police Department, Transportation Advisory
Board, and the Public Works Department selected The Car Park as the second lowest
bid and under the 2025 budgeted amount.
Board comments and questions have been summarized: stated a review of The Car
Park’s performance has not been provided and should be added to the process in the
future; requested a full review of the other proposals before moving forward; and the
selection committee had representation from the community evaluating the proposals
which strengthens the recommendation.
It was moved and seconded (Younglund/Lancaster) to approve Resolution 07-25,
and it passed with Trustee Igel voting “No” and Mayor Hall and Trustee Brown voting
to “Abstain”.
DR
AFT
Board of Trustees – January 14, 2025 – Page 5
It was moved and seconded (Brown/Lancaster) to extend the meeting past 10:00
p.m., and it passed with Mayor Pro Tem Cenac voting to “Abstain”.
REPORTS AND DISCUSSION ITEMS:
1. ANNEXATION REFERRAL – OLYMPUS LODGE/SPRINGHILL SUITES. Senior
Planner Hornbeck stated the referral was brought forward to receive direction from the
Town Board to determine if the property should be annexed, if the requested zoning
would be acceptable to reference in the annexation agreement, and the manner of
required roadway improvements. A brief history of the property was provided outlining
it contains 3.2 acres of county property zoned Accommodations/ Highway Corridor
and currently operates as the Olympus Lodge, and if annexed the proposed zoning
requested would be A – Accommodations. The applicant has also submitted a
development plan application for the subject property which proposes the demolition
of the Olympus Lodge and the construction of a new Springhill Suites hotel with onsite
employee dormitory housing. The applicant has indicated interest in pursuing a
Planned Unit Development (PUD) overlay to facilitate development. In accordance
with the Town’s PUD standards, a demonstration of public benefit would be required.
An annexation agreement can recognize the applicant’s (petitioner’s) intended zoning
and can condition annexation on the rezoning. The development of the property would
trigger improvements to the intersection of Big Thompson Avenue and Mall Road.
Public Works staff have indicated that a roundabout would be the preferred
improvement and required by the Development Code. The Town may require property
owners to meet higher development standards or take additional steps to mitigate
development impacts as part of the conditions of annexation such as requiring the
developer to improve the intersection with a roundabout. The Board may direct staff
to pursue other options regarding the intersection improvements. The construction of
a roundabout at this location has been estimated at $4.5 million. The new hotel would
increase sales tax revenues to the Town that could be used to reimburse the
developer on an annual basis for a defined timeframe to assist with offsetting a portion
of the roundabout construction costs.
Todd Wright/Olympus Lodge owner stated CDOT completed a study that indicated
that onsite improvements would provide minimal traffic impact and recommended the
intersection should be signalized with or without the development. Annexation was
initiated in order to receive Town water. The proposed development would increase
sales tax, provide the Water Department with water tap fees of approximately $1.5
million, and allow the connection of two dead-end water lines to be connected.
Chris Combs/Applicant state his family have had an option to purchase the property
and develop it into a Springhills Suite hotel since August 2022. He and his family has
worked to develop a project that would suit Estes Park and have hired an architect
that has developed other properties in National Park communities. He stated the
traffic from the new hotel and employee housing would not significantly impact the
current traffic at the intersection, and the requirement of a roundabout would render
the project unfeasible. The sole impact of the roundabout has been left to the
developer who does not have the authority to use tools such as eminent domain to
acquire land for public improvements.
Board comments and questions were heard and summarized: questioned if a signal
would be feasible for the development; it may be appropriate to have an impact fee
for the development to assist with the cost of the signaling; questioned why the
Development Code requires a roundabout versus a traffic signal; questioned what
opportunities exist from the Town or CDOT to assist with the cost of the construction
of the roundabout; questioned how the land would be purchased by the developer to
facilitate the construction of the roundabout; would a roundabout not also cause the
same impacts with stacking as a traffic signal; would a sales tax increment be an
option; has a right in and right out only option been considered; could this project be
a public private partnership; and questioned if the Town would have eminent domain
authority in the county.
DR
AFT
Board of Trustees – January 14, 2025 – Page 6
Director Muhonen outlined the Development Code requirements for a development to
meet adequate public improvements, including traffic movement. The traffic impact
study provided by the applicant indicated the side traffic generated by the
development would impact the operations of the intersection, which would require a
signal or a roundabout. CDOT has indicated an access permit would not be issued
until improvements to the intersection has been addressed. Staff reviewed the need
from improvements from a safety perspective and determined a roundabout would be
the preferred alternative as well as the long-term cost to the taxpayers due to lower
maintenance costs. He further outlined there are additional concerns with a traffic
signal such as significant earthmoving to create stacking lanes for the light cycling,
widening of the intersection, and right-of-way acquisition may be required. The costs
of these improvements are unknown at this time.
Town Administrator Machalek stated concern with the taxpayers of the Town of Estes
Park funding improvements to a roadway along a state highway and a county road.
The county has confirmed there are no planned improvements to the intersection
planned. CDOT uses accident data to term improvements to dangerous intersections
and only two accidents have occurred in the past few years at this intersection.
Town Attorney Kramer commented that municipalities that enter into agreements that
utilize sales tax reimbursement, buy backs, cost sharing, or other financing
mechanisms have policies that outline how they are addressed.
Board consensus was to have Town Attorney Kramer and the applicant discuss
potential options for the road improvements and associated costs and bring back for
further conversation with the Board.
Whereupon Mayor Hall adjourned the meeting at 11:08 p.m.
Gary Hall, Mayor
Jackie Williamson, Town ClerkDR
AFT
Town of Estes Park, Larimer County, Colorado January 14, 2025
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 14th day of January, 2025.
Board: Mayor Hall, Mayor Pro Tem Cenac, Trustees Brown,
Hazelton, Igel, Lancaster, and Younglund
Attending: All
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Attorney Kramer, Director Fetherston, Police
Chief Stewart, Deputy Town Clerk Beers
Absent: None
Mayor Hall called the meeting to order at 5:15 p.m.
LAW ENFORCEMENT EVENT SECURITY MEMORANDUM OF UNDERSTANING
MOU). Police Chief Stewart provided a presentation on the Estes Park Police
Department (EPPD) participation in northern Colorado event security with the Larimer
County Sherriff’s Office (LCSO). He stated the EPPD continue to explore ways to
remain competitive in the northern Colorado law enforcement employment market and
the department has standardized procedures, training, and practices to be consistent
with other public safety partners. Northern Colorado hosts a variety of special events
which can require multi-jurisdictional coverage to ensure public safety. Estes Park
events often require support from neighboring agencies to handle the increased
visitation and safety needs. Upon completion of The Ranch events complex, LCSO
recognized the need to build a more formal staffing arrangement for county-wide special
event security. Police Chief Stewart reviewed local benefits in Larimer County security
participation including: Exposure to various Incident Action Plans and regional public
safety philosophies for different types of special events; increased experience base for
officers; build a sense of department pride; relationship building and strengthening; and
opportunity to breakdown “siloed” or stagnate planning and response across agencies.
Unlike previous years, this MOU would not be specific to LCSO, would not require
annual review, includes officer and supervisor pay rates negotiated with LCSO, and
incorporates consideration of the EPPD’s average overtime rate, FICA, Medicare,
employer and employee retirement rates. Staff requested direction on the Board’s
interest in a multi-year MOU to provide security for events in northern Colorado.
Board discussion ensued and has been summarized: Whether staff have an
understanding of the composition of additional MOU’s with other jurisdictions and any
coordinating discussions; how the department would ensure all staff benefit from
participation in event security; the importance of maintaining adequate staffing in Estes
Park while officers are participating in event security; how staff would manage a local
emergency with officers participating in event security; the evaluation process to make
sure the multi-year engagement provides value and stays within the scope; and
department costs for assistance from other agencies. The Board supported staff drafting
a law enforcement event security MOU to be considered at a future meeting.
POLICE DEPARTMENT FACILITY UPDATE.
Staff provided an update on the status of the strategic goal to start design efforts and
potential land acquisition for a new Police Department (PD) building. The 2022 Facilities
Master Plan identified the current PD offices located in Town Hall as inadequate and
jeopardizes the ability to respond to emergencies as well as keep offices, staff and
residents safe. Chief Stewart reviewed inadequacies of the current space including:
Pedestrian and vehicular safety concerns while responding to events especially during
DR
AFT
Town Board Study Session – January 14, 2025 – Page 2
the high visitation seasons; downtown parking for various PD equipment and offsite
storage; records management limitations; repurposing space to meet staffing needs and
no available room for growth; space limitations for proper evidence processing, arrest
processing, and interview requirements; difficulties in creating a cohesive department
and team when operations are spread across a building in different areas; and lack of a
multi-purpose use room for training, roll call, and Emergency Operations Center (EOC)
integration. He spoke regarding the value of a secure, controlled entry way for
transferring individuals while maintaining controlled access and having a secure and
integrated evidence facility. Director Fetherson stated in the spring of 2024 following
Board direction at a study session staff pursued securing a long-term lease with the
Bureau of Reclamation (BOR) for property adjacent to the Dannels Fire Station at 901
North Saint Vrain Avenue. Due to challenges anticipated in securing the lease, the
focus shifted to evaluating other potential locations including those centrally located
along Big Thompson Avenue, both east and west of North Saint Vrain Avenue, and in
the vicinity of South Saint Vrain Avenue. A pre-design assessment would help identify
the most suitable properties. The Town has begun the pre-design study aimed at
identifying space needs and evaluate potential sites utilizing the following key steps:
space needs analysis, bubble adjacency diagrams for up to five sites, conceptual floor
and site plans, and initial cost projections. Project Manager Pastor stated site visits
would be conducted in February with more information provided to the Board and public
when available. Director Fetherston reviewed funding and general financing concepts
and options and construction timelines with an anticipated occupation in 2029 or 2030,
and the communication plan. Improvements to the current PD office space may be
forthcoming to meet current needs. Board discussion ensued on the limitations for
utilizing the BOR property. The Board requested clarification on the project timeline,
anticipated results of the assessment, and how long the assessment would remain
relevant. Staff would provide additional information on the assessment when available.
FUTURE STUDY SESSION AGENDA ITEMS.
The Board was in support of scheduling an Estes Non-Profit Network Update to occur at
a regular meeting rather than during a study session. It was requested and determined
to schedule the Big Horn Parking Structure Construction Funding on February 11, 2025,
2025 Public Works 1A Sales Tax Update on February 25, 2025, and Policy 842 Parking
Permits Revisions on March 25, 2025.
COMMENTS & QUESTIONS.
Trustee Igel spoke regarding the need for public input and the value of an objective
outside review of Town processes due to the speed at which some high-impact projects
have moved through the approval process. He suggested coordinating with Deputy
Town Administrator Damweber to provide a constructive perspective on how processes
and projects are brought before the Board for consideration. After staff clarification on
the content of the discussion, Trustee Igel requested Board interest in a study session
to review the processes on how projects are brought forward and approved by the
Board. Board discussion ensued and has been summarized: The need to identify the
scope of the discussion for clear staff direction; strategic planning and budget review
processes; and the importance to focus on the role of the Board and limiting
involvement on internal processes which are overseen by the Town Administrator. Staff
would schedule a review the Town’s process for approving high-impact projects at a
future study session.
It was requested and determined to add a re-evaluation of the Downtown Parking
Management Plan and a proposed resolution supporting immigrants to a future study
session.
There being no further business, Mayor Hall adjourned the meeting at 6:44 p.m.
Bunny Victoria Beers, Deputy Town Clerk
DR
AFT
Town of Estes Park, Larimer County, Colorado, November 19, 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 Arterburn, Pawson, Mulhern, Robbins, Senior
Planner Hornbeck, Town Attorney Dan Kramer, Recording
Secretary Karin Swanlund, Town Board Liaison Frank
Lancaster
Absent: Cooper
Vice Chair Arterburn called the meeting to order at 1:30 p.m. There were approximately
15 people in attendance.
INTRODUCTIONS
AGENDA APPROVAL
It was moved and seconded (Robbins/Mulhern) to approve the agenda. The motion
passed 4-0.
CONSENT AGENDA APPROVAL
It was moved and seconded (Pawson/Robbins) to approve the consent agenda. The
motion passed 4-0.
PUBLIC COMMENT: none
ACTION ITEM Rezone 860 S Saint Vrain Ave Senior Planner Hornbeck
The applicant requests to rezone the subject parcel from E (Estate) to RM (Multi-Family
Residential). A conceptual site plan and building elevations depict ten two-story
townhome units, each approximately 1,830 square feet. Each lot includes exterior open
space and a deck or patio, with sizes ranging from approximately 3,300 square feet to
4,000 square feet.
Vehicular access would be provided from Community Drive, with emergency-only
access from South Saint Vrain Avenue. Each unit has a two-car garage and one guest
parking space. Landscape buffers and open land are depicted around the perimeter of
the property.
The development would utilize the workforce housing density bonus allowed by EPDC
Section 11.4 to increase the number of units permitted from seven to ten. This is an
increase of 43%, less than the full bonus density of 100% (i.e., 15 units). As such, six of
the units will be deed-restricted for 50 years to be sold or rented only to qualified
members of the Estes Valley workforce. The other four units would not be subject to the
deed restriction.
The application was submitted to all applicable reviewing agency staff for consideration
and comment. No comments indicated an inability to provide adequate services and
facilities.
Staff recommended that the Planning Commission forward to the Town Board a
recommendation of approval of the proposed Zoning Map Amendment.
Commission Discussion: statements summarized as follows:
There is no mixed-use district at this time. Workforce housing requires at least one
occupant to work in the Estes Valley; this does not have to be the owner. RM zoning
Planning Commission – November 19, 2024 – Page 2
allows for an increase in unit numbers. Property to the south is deed restricted as open
space and can't be developed. A multimodal trail on Highway 7 and Community Drive and
a seasonal bus stop are nearby. Using Highway 7 as emergency access only is a result
of comments from CDOT and concerns heard from neighbors. A road with a lower volume
and speed is preferable to a state highway for access. The market rate will be comparable
to 100-125 AMI. The cost risk is on the developer if the market doesn't match the cost. A
minor variance on the south side of the property will be requested for patios. Fencing
must meet the town code requirements if proposed and is not allowed to block the
migration of wildlife.
Applicant Steve Lane, Basis Architecture, spoke on the history of the zoning districts. The
year 2000 city-wide rezoning did not plan for any new multi-family zoning. RM zoning was
only applied to multi-family buildings that were already in existence. New multi-family
zoning must be done through a rezoning request. Affordability comes from density, and
density makes sense in the main corridors of the town. This proposal is significantly less
dense and less impactful than what the Comprehensive Plan allows.
Public Comment:
Those speaking in opposition: Kristen Fields, David Sendros, Jed Eide, Susan
d'Antemont, Kristine Poppitz, Christi Washington, Rebecca Urquhart, Hanna Fields, and
John Guffey with the following concerns: elk crossing, density, adverse traffic conditions,
continuity of existing neighborhoods, too costly for workforce housing, spot zoning, and
no change of conditions.
Discussion:
Mixed-use is a guide suggested by the Comprehensive Plan. The vision for that corridor
does not include single-family homes per se. Pawson noted an error on the Future Land
Use Map, calling out the lot to the south. That should be colored green for open space,
not red for mixed-use. Skipping over two other zone districts (R and R1) should be
considered.
Attorney Kramer reminded the Commission that the Planning Commission's job is to
ensure that the proposal meets the review criteria and follows the development code.
Robbins stated that he believes this application meets those requirements. Mulhern
spoke on using the guiding principles of the Comprehensive Plan. He also quoted figures
from the Colorado Department of Wildlife regarding the number of elk that have to be
harvested every year due to overpopulation.
It was moved and seconded (Arterburn/Pawson) to forward a recommendation of
denial to the Town Board of Trustees of the Zoning Map Amendment application
because it does not meet the Change in Conditions nor the needs of the impact to
the elk. The motion was tied, 2-2, with Mulhern and Robbins voting no, resulting
in a failed motion.
Arterburn motioned to defer the item to the next meeting, but it was not seconded.
It was moved and seconded (Robbins/Mulhern) to forward a report of the split vote
to the Town Board, which passed 3-1, with Arterburn voting no.
DISCUSSION:
Due to time circumstances, Town Clerk Williamson was unable to give her discussion
on Vacation Home processes. This may be done at a later meeting date.
A consultant has been selected for the Development Code rewrite, and the Town Board
must approve the contract.
Planning Commission – November 19, 2024 – Page 3
There being no further business, Vice Chair Arterburn adjourned the meeting at 3:35
p.m.
Vice Chair David Arterburn
Karin Swanlund, Recording Secretary
INTERNAL SERVICESMemo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Paul J. Fetherston, Internal Services Director
Date: January 28, 2025
RE: Resolution 08-25 Contract with Everest Mechanical Estes Park LLC for
On-Call Plumbing Services in 2025
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 contractors to provide
professional plumbing services on an on-call, as needed basis. The awarded
contractors will enter into a one-year contract with optional one-year renewals for up to
four additional years.
Present Situation:
Currently, the Town does not have any professional plumbing contractors under
contract. As a result, when plumbing needs arise that are beyond the capacity or
capability of Facilities Maintenance staff, the Town must work to secure interested
vendors to provide services. This process can cause delays in response.
In an effort to maximize time and resources relative to plumbing needs – preventative
maintenance and repair – the Town issued a Request for Proposals (RFP) for on-call
plumbing services on October 23, 2024. Two proposals were submitted by the
November 20, 2024 deadline. The second vendor contacted the Town to indicate its
desire to no longer participate in the process. Following a review of the proposals and
interaction with the contractors that submitted the proposals, staff is recommending
entering into an on-call plumbing service contract with the following:
Everest Mechanical Estes Park LLC
Proposal:
To consider authorizing the Mayor to sign a contract for on-call plumbing services.
Advantages:
Priority Service: During a plumbing emergency, the Town has access to immediate
services thereby minimizing wait times and potential damage.
Expertise, Experience and Equipment: Professional plumbers have (a) a depth of
knowledge and experience ensuring issues are diagnosed and resolved efficiently;
and (b) access to advanced tools and high-quality materials ensuring precise and
durable repairs.
Safety: Handling plumbing systems involves risk. Professional plumbers can
ensure that work is done safely and in compliance with code.
Resource Allocation: Having professional plumbers on call allows limited facilities
staff resources to be allocated appropriately and beneficially.
Disadvantages:
Cost: Since prices are fixed through an on-call contract, prices could be higher.
Conversely, stable and fixed prices could be an advantage.
Action Recommended:
Staff recommends Town Board approval of the On-Call Plumbing Services contract with
Everest Mechanical Estes Park LLC.
Finance/Resource Impact:
The costs for on-call plumbing services would be processed through the Facilities
repairs and maintenance account or applicable project account, where applicable –
absent an emergency that the account could not support or assignment of the costs to a
Department of project.
Level of Public Interest
There is public interest in the Town repairing and maintaining its facility infrastructure
through professional services in a timely manner.
Sample Motion:
I move to approve/ deny adoption of Resolution 08-25.
Attachments:
1.Resolution 08-25
2.LINK Town of Estes On-Call Plumbing Services Request for Proposals
3.LINK Everest Mechanical On-Call Plumbing Proposal
4.Everest Mechanical On-Call Plumbing Services Contract
RESOLUTION 08-25
APPROVING CONTRACTS FOR ON-CALL PLUMBING SERVICES
WHEREAS, the Town of Estes Park (Town) issued a Request for Proposals (RFP) for on-
call plumbing services in October 2024 for purposes of contracting with one or more vendors for
on-call plumbing services; and
WHEREAS, the RFP requires the contractor(s) to provide plumbing services on an on-call
as-needed basis at Town facilities and properties as directed by the Town through a work order
process; and
WHEREAS, through its RFP process, the Town selected one firm to provide on-call
plumbing services as needed; and
WHEREAS, the nature of the services provided through this RFP are either (a) budgeted
within the building repair and maintenance accounts within the facilities division; or (b) 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, a contract has been negotiated with the awarded vendor based on the Town’s
RFP process; and
WHEREAS, the Town Board of Trustees wishes to enter into a contract with this firm to
facilitate on-call plumbing 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 on-call plumbing services
contract with Everest Mechanical Estes Park LLC in substantially the form now before the Board.
If, in any fiscal year, the amount to be spent under any such contract will exceed the staff
spending authority under 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 day of January, 2025.
TOWN OF ESTES PARK
Gary Hall, Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Page | 1
RFP – On-Call Plumbing Services
REQUEST FOR PROPOSALS
On-Call Plumbing Services
Wednesday, October 23, 2024
Proposals due by 2:00 PM MDT
November 20, 2024
ATTACHMENT 2
Page | 2
RFP – On-Call Plumbing Services
PROJECT SUMMARY AND PURPOSE
1. The Town of Estes Park (Town) seeks proposals from Service Providers to provide the Town
with professional Plumbing Services (Services) on an on-call, as-needed basis. The awarded
contractor(s) will enter into a one year contract with optional one-year renewal for up to four
additional years. The Town reserves the right to award multiple Service Providers.
The Town’s objective through this Request for Proposals (RFP) is to establish a list of Service
Providers, at the sole discretion of the Town, eligible to provide as-needed on-call Plumbing
Services for various projects to be determined. For any contract(s) awarded as a result of this
RFP, no minimum or maximum number of projects assigned to selected Consultants can be
guaranteed by the Town. The contract will be administered by the Internal Services
Department; however the scope of work may not be limited to one Division or Department.
More details are provided in the Scope of Services Section.
PROPOSAL SCHEDULE
The following is the schedule for Proposers:
Request for Proposals (RFP) Advertisement Wednesday, October 23, 2024
Deadline for Questions (5:00 PM MDT) November 6, 2024
Final Addenda Issued November 12, 2024
Proposals Due (2:00 PM MDT) November 20, 2024
Proposal Evaluation, Interviews and Fee Negotiation November 21, 2024 – December 5,
2024
Contract Preparation and Execution December 6, 2024 – December 19,
2024
Notice of Award/ Declination (Anticipated) December 20, 2024
I.INTRODUCTION
Page | 3
RFP – On-Call Plumbing Services
PROPOSAL DOCUMENTS
Request for Proposals document can be obtained through Rocky Mountain Purchasing (BidNet)
www.rockymountainbidsystem.com or found on the Town’s Website
https://estespark.colorado.gov/rfp).
The Town of Estes Park, Colorado will receive sealed Proposals for On-Call Plumbing Services until
Wednesday, November 20, 2024.
Proposals may be submitted via one of the following methods:
1. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System
www.rockymountainbidsystem.com); or
2. Email in electronic format (PDF) only to Rober Schumaker (rschumaker@estes.org). It is the
Proposer’s responsibility to clearly identify in the email subject line “RFP for ON-CALL
PLUMBING SERVICES”;
Late Proposals will not be accepted or considered.
The Request for Proposal Documents are available on www.rockymountainbidsystem.com as
well as on the Town’s website at www.estes.org/rfp. Interested proposers are responsible for
verifying receipt of all applicable documentation, including any associated addenda. The Town of
Estes Park cannot guarantee accurate information obtained from sources other than BidNet.
WRITTEN QUESTIONS
Prospective proposers may submit written inquiries concerning the requirements of this RFP to
the Project Manager via BidNet or e- mail before the Deadline for Questions listed above.
Proposers are reminded that any changes to the RFP will be by written addenda only and
nothing stated verbally shall change or qualify in any way any of the provisions in the RFP and
shall not be binding on the Town.
PROPOSER COMMUNICATIONS & REQUESTS
All correspondence, communications, and contact regarding this RFP shall be with the Town
representative identified as follows:
Robert Schumaker, Facilities Supervisor / Project Manager
Facilities Division, Internal Services Department
Town of Estes Park
170 MacGregor Avenue, Room 100
Estes Park, CO 80517 Phone: 970-577-3957
Email: rschumaker@estes.org
Prospective Service Providers/ individuals and their representatives shall not make any contact
or communicate with any members of the Town, other than the Project Manager, regarding any
aspect of this RFP.
Page | 4
RFP – On-Call Plumbing Services
At any time during this procurement up to the time specified in “Proposal Schedule,” prospective
Service Providers/ individuals may submit a request for a clarification or interpretation of any
aspect or requirement of the RFP. All questions and subsequent answers will be included in
addendum documentation.
If it should appear to a prospective service provider that the scope under the contract, or any of the
matters relating thereto, is not sufficiently described or explained in the RFP or contract
documents, or that any conflict or discrepancy exists between different parts thereof or with any
Federal, State, or local law, ordinance, rule, regulation, or other standard or requirement, then the
proposers shall submit a written request for clarification to the Town within the time period specified
above.
ADDENDA TO RFP
The Town reserves the right to amend the RFP at any time. Any amendments to or interpretations
of the RFP shall be described in written addenda. The Town shall post addenda for prospective
consultants to access through BidNet and on the Town’s website. It is the responsibility of
prospective Service Providers to access all addenda. All addenda issued shall become part of the
RFP.
If the Town determines that the addenda may require significant changes in the preparation of
proposals, the deadline for submitting the proposals may be postponed by the number of days that
the Town determines will allow proposers sufficient time to revise their proposals. Any new due
date shall be included in the addenda.
PROJECT DESCRIPTION
The Town invites submittal of proposals from Service Providers interested in providing
Professional On-Call Plumbing Services. The Town is anticipating contracting annually with two
2) or more consultants renewable for a total of up to 5-years with services secured through work
order(s) assignments. Work order(s) for each project will take into account the scope of service,
work schedule, and fee proposal submitted to the Town.
SCOPE OF SERVICES
A. General Scope of Services: The scope of services for specific projects will be determined
at the time when the Town solicits work order proposals. The Town’s usage of the on-call
services is on an as-needed basis so that if the demand is not there, then the services will not
be requested. For each on-call service request, the Service Provider and the Town will agree
upon a specific scope of work and cost for that project through a work order process. The
Town has the right to retain other Service Providers at its sole discretion when the Town
believes there will be an economic or other significant advantage in doing so. No minimum
amount of work is guaranteed under these agreements. Compensation will be based on time
and material with a not-to-exceed limit agreed upon by both the Service Provider and Town
before work begins based on the mutually agreed work order.
II.PROJECT OVERVIEW, SCOPE OF SERVICES
Page | 5
RFP – On-Call Plumbing Services
B. Description of Services: The Service Provider shall provide all labor, management,
supervision, materials, parts, equipment, and transportation necessary to complete
maintenance, repair, modifications, drain/ pipe cleaning and clearing, or installation services
of plumbing and related systems.
Services are to be provided on an ‘on-call, as-needed’ basis in Town owned facilities
including but not limited to:
Town Hall Police Department (in Town Hall)
Power and Communications – Dekker
Building
Trailblazer Broadband/ Power &
Communications building (Woodstock
Drive)
Water Division Fleet Services
Streets Services Estes Park Museum
Parks Division Estes Park Visitor Center
Estes Park Events Complex Off Site Storage Facilities
All Town-owned public restroom facilities
Service Provider shall be able to provide, at a minimum, the following services on an on-call,
as needed basis, including all labor, materials, and necessary equipment:
Installation, maintenance, or repair of plumbing, including supply, drain, and vent piping,
pipe appurtenances such as valves and backflow preventers, toilet and shower fixtures,
dishwashers, garbage disposals, water heaters, drinking fountains, etc.;
Drain clearing (snaking); and
Drain clearing (jetting).
Service Provider shall be required to remove and dispose of all waste from the Work site.
Handling and disposal of all waste (to include hazardous material and/or waste) shall be
conducted by the Service Provider according to all most recent federal, state, and local health and
environmental regulations.
C. Urgent\Emergency Situations. In the event of an urgent or emergency situation related to the
general welfare and safety of the Town, Service Provider shall respond as reasonably as soon as
possible when requested by the Town. The Town shall determine, in its sole discretion, when
a situation is urgent or an emergency (an “Urgent\Emergency Situation”). When the Town’s
Representative determines what work is required, the Service Provider will respond and be
ready and available for work at the time the call for service is received. The Service Provider shall
coordinate directly with the Town’s Representative and perform all of the duties and
responsibilities the requested work requires during the term of this Agreement. Service Provider
agrees to follow the Town’s Representative’s directives as to what Work shall be performed.
D. Emergency Response Time. Service Provider shall be available to perform any and all
services on a twenty-four (24) hour a day, seven (7) day a week basis. For Emergency
Response, Service Provider shall be on-site and ready to provide services no later than two (2)
Page | 6
RFP – On-Call Plumbing Services
hours after the call is placed by the Town’s Representative requesting an emergency response.
Failure to reasonably comply with this maximum response time may result in the termination of
this Agreement. Emergency Response situations are classified as such by the Town’s
representative at the Town’s sole discretion.
E. Emergency Equipment Requirements. Service Provider shall provide all equipment, whether
owned or rented, necessary to perform the Work.
F. Work Authorization Procedure. There are generally five (5) types of situations under
which the Town may assign Work under this Agreement:
1. Emergency Work that requires mobilization as soon as possible after notification is given to
the Service Provider. Emergency is defined as a situation that is a threat to the public health
or welfare.
2. Expedited, but non-emergency, non-scheduled Work that the Town desires to expedite due to
a benefit to the Town, such as mitigating negative financial impact, which requires response
by the Service Provider as soon as possible, but no later than within two (2) Calendar Days
maximum, after notification is given to the Service Provider.
3. Non-emergency, non-scheduled Work that requires response by the Service Provider as
negotiated in the schedule development phase of the Work.
4. Scheduled Work, such as for routine maintenance to be performed at pre- determined
intervals as mutually agreed upon by the Parties.
5. Competitive Solicitation. In consideration of Service Provider’s prequalified status, Service
Provider may be requested to submit a sealed bid for a Work Assignment in response to a
formal or informal solicitation issued by the Town.
G. Assignment of Scope of Work.
Non-Emergency Work. Except in the case of Urgent\Emergency Work, which there is no time to
develop a Scope of Work (SOW) before the Work begins, or the scheduled Work has a
predetermined SOW, the Town will develop a specific SOW for each given Work Assignment
before the assigned Work begins. The SOW may include written description of the Work,
sketches, drawings, and/or technical specifications.
Emergency Work. The SOW of Emergency Work shall be to take whatever means are
necessary to stabilize the situation to eliminate the emergency condition. The Town, in
consultation with the Service Provider, shall determine what steps are necessary to stabilize in
an emergency situation. Further remedial Work following stabilization of the emergency will
then be handled on either an expedited basis or non-emergency basis. Thereafter, the Scope
of Scheduled Work will be defined in the Work Assignment.
Before the Work begins, the Town and the Service Provider will review the Scope of Work of each
Work Assignment to ensure the role of each Party is defined and understood. Each SOW will
address the physical features of the Work Assignment, the timeframe for completion of the Work,
any necessary phasing, and whether the Work requires obtaining a permit (such as building
permit, NPDES, traffic control, etc.) or not. At a minimum, the SOW will include a written
Page | 7
RFP – On-Call Plumbing Services
description of the Work to be done, and when appropriate, shall include any required sketch or
engineering drawings.
H. Performance Bonds
For any scope of work with an estimated cost of $50,000 or more, the Service Provider must
provide a performance bond and a payment bond. These bonds must be issued by a surety
company authorized to do business in Colorado and must be in an amount equal to 100% of
the contract price. The bonds shall guarantee the faithful performance of the contract and the
payment of all obligations arising thereunder.
The Service Provider shall submit proof of bonding capacity with their cost proposal for each
scope of work with an estimated cost of $50,000 or more. Failure to provide the required bonds
within ten (10) days of the Town’s acceptance of the scope of work cost proposal from the
Service Provider may result in the forfeiture of the scope of work.
I. Invoices. Charges shall comply with Exhibit 4, Schedule of Charges. For any Services
required by the Town in or on Town owned property, or in or on non-Town owned property
which the Town is responsible to pay, Service Provider shall provide a detailed Invoice. Invoices
may be on the Service Provider’s standard form.
Documentation of the costs acceptable to the Town as defined in Exhibit 4 shall be attached to
each of Service Provider’s invoices.
All Invoices shall at a minimum include the following:
The Town’s Purchase Order Number;
Dates and times of Services performed;
Location of the Services performed;
The name of the Town Representative who authorized each Work Assignment;
An itemized list of all Services performed;
J. Submission of Invoices. Invoices, including all documentation, may be emailed to Robert
Schumaker, Facilities Supervisor. Alternatively, a hard copy may be mailed to the attention of
Robert Schumaker.
The Town reserves the right to request any additional backup information deemed necessary
to substantiate the Service Provider’s (or it’s Subcontractors’) invoiced costs prior to release of
payment for the invoiced services.
K. Compliance with Federal, State and Local Regulations, Rules and Standards. All Work
shall be conducted according to all most recent federal, state, and local regulations. Service
Provider is responsible for obtaining any necessary permits and licenses required to perform
Work. All employees and/or subcontractors of the Service Provider shall be trained and
adequately qualified and/or certified to efficiently, effectively, and lawfully execute the
services being rendered.
Page | 8
RFP – On-Call Plumbing Services
USE OF SUBCONSULTANTS
The Service Provider shall indicate in the proposal any on-call work intended to be performed by
subconsultants or persons outside of their firm. The Service Provider shall name the
subconsultants, if known at the time of proposal submittal. Subconsultants shall be bound to meet
the same quality standards and schedules. They will also provide the same level of documentation
as described in Section III below.
AWARD OF CONTRACT
A formal contract will be awarded to the responsive and responsible proposing consultant whose
proposal, conforming to the RFP and according to the selection factors, which the Town considers
to be most advantageous to the Town’s interests. If chosen, the Service Provider will enter into
an agreement with the Town via Exhibit 5, Professional Services Contract. The executed contract
will include billing rates that the selected Service Provider will be expected to maintain throughout
the first year of the contract. For the subsequent years in which the contract is renewed, the Town
will consider renegotiation of the billing rates prior to the start of the contract year. Invoicing shall
be based on the Service Provider’s hourly rate schedule provided in the proposal. The successful
consultant shall acquire a Town Business License prior to signing the contract. A Town Business
License can be obtained through the Town Clerk’s Office at
https://www.colorado.gov/pacific/townofestespark/businesslicensing.
MATERIAL OWNERSHIP
All material submitted regarding this RFP becomes the property of the Town and will only be
returned to the Service Provider at the Town’s option. The Town has the right to use any or all ideas
presented in reply to this RFP. Disqualification of proposer does not eliminate this right.
RESPONSIBILITY
The selected Service Provider will be required to assume responsibility for all services offered in
the proposal whether or not they possess them within their organization. The selected Service
Provider will be the sole point of contact with regard to contractual matters, including payment of
any and all charges resulting from the contract.
PROPOSAL VALIDITY
The proposer agrees to be bound by its proposal for a period of one-hundred and twenty (120)
days from the deadline to submit proposals pursuant to this RFP, during which time the Town
may request clarification or correction of the proposal for the purpose of evaluation. Amendments
or clarifications shall not affect the remainder of the proposal, but only that portion so amended
or clarified.
TERM OF CONTRACT
The term of the contract resulting from this RFP is anticipated to be one-year with up to four one-
year renewals thereafter (for a contract period not to exceed a total of five years). The Town will
Page | 9
RFP – On-Call Plumbing Services
generate the Professional Services Contract (Exhibit 5) in accordance with Town policy.
ORGANIZATION OF THE SUBMISSION
All proposals shall include the following information:
1) Company Profile: A brief overview of the service provider, including its history, size, and experience
in plumbing services, particularly with municipalities or similar clients. The letter should be limited
to two pages.
2) Personnel and Subcontractors Listing: A completed Exhibit 2, Service Provider’s
Personnel and Subcontractors Listing, showing all key personnel and subcontractors that are
likely to be assigned to perform Services under the Agreement.
3) Schedule of Charges: The proposed Exhibit 4, Schedule of Charges, containing the billable
hourly rates for all personnel proposed for assignment to the Project team, and hourly rates
for owned equipment proposed for use on the Project. Any fees such as mobilization or
minimum charges” should be itemized. Proposing Service Providers can and should
include standardized price sheets if available. Note that expense categories not identified in
the Schedule of Charges will not be reimbursed separately, but are assumed to be included
in the billable hourly rates or the percent markup, whichever is applicable. Reimbursable
expenses are reimbursed at cost. The proposed Schedule of Charges will be the sole basis
of payment for the successful Service Provider.
4) Work Experience
A summary of at least three recent projects similar in scope to this RFP, including client
references with contact information.
5) Reference Authorization and Release Form: An executed Exhibit 3 Reference
Authorization and Release Form.
6) Availability: Provide a representative availability and confirm in writing that the Service
Provider will meet the response times outlined for this on-call service.
7) Bonding: Proof of adequate bonding capacity for projects with an estimated cost of $50,000
or more.
8) Licenses: Evidence of applicable state and local plumbing licenses and certifications.
Submittal of a Proposal shall be taken as prima facie evidence that the Proposer has full
knowledge of the scope, nature, quality, and quantity of the Services to be performed, and the
detailed requirements and conditions under which the Services is to be performed.
PROPOSAL SUBMISSION
All proposals must be to the Project Manager by 2:00 PM (MDT) on Wednesday, November 20,
2024. Proposals must be submitted through one of the following means:
A. ‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System
www.rockymountainbidsystem.com); or
B. Email to Robert Schumaker, Facilities Supervisor/ Project Manager (rschumaker@estes.org)
Subject line: RFP – On-Call Plumbing Services
III.PROPOSAL AND INFORMATION
Page | 10
RFP – On-Call Plumbing Services
LATE PROPOSALS WILL NOT BE ACCEPTED OR CONSIDERED.
PROPRIETARY INFORMATION
All information included in any proposal that is of a proprietary nature must be clearly marked as
such. The Town shall be held harmless from any claims arising from the release of proprietary
information not clearly designated as such by the proposing Service Provider. In general, it is not
acceptable to the Town to mark information other than financial data as proprietary without the
written authorization from the Internal Services Director. Failure to adhere to this restriction could
result in rejection of the entire proposal. The Town has the right to use any or all ideas presented
in reply to this RFP. Disqualification of the proposer does not eliminate this right.
REJECTION OF PROPOSAL
The Town reserves the right to cancel this Request for Proposal; reject any Proposal, in whole or
in part; to modify the Scope of Services to be done as mandated by budgetary requirements; and
to waive informalities or irregularities in the Proposals received, when it is in the Town's best
interest to do so. The total cost of proposal preparation, submission, and any travel or
accommodations resulting from invitation to interview shall be covered by the Service Provider.
USE OF SUBCONSULTANTS
The Service Provider shall indicate in the proposal any work intended to be performed by
subcontractors or persons outside of the Service Provider (e.g., partnering Service Providers,
consultants, etc.). The Service Provider shall name the partner Service Providers, if known, at the
time of proposal submittal. Partners and subcontractors shall be bound to meeting the same
quality standards and schedules as the proposing Service Provider. They will also provide the
same level of documentation (insurance & professional and business licenses).
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The Town, in accordance with Title VI of the Civil Rights Act of 1964, and Title 49, Code of Federal
Regulations (CFR), Department of Transportation (DOT), Part 21, for nondiscrimination in
federally-assisted programs, notifies all bidders and proposers that it will affirmatively ensure that,
in any contract entered into for this solicitation, disadvantaged business enterprises will be
afforded full opportunity to participate in the solicitation process and will not be discriminated
against on the grounds of race, color, or national origin. There is no DBE requirement for this
project, however DBE participation is strongly encouraged.
INSURANCE REQUIREMENTS
Insurance Certificates are not required with the proposal but shall be provided by the selected
Service Provider with the signed Professional Services Contract. The Town must approve the
successful Service Provider’s(s) insurance prior to execution of the agreement by the Town. The
successful Service Provider(s) shall also acquire a Town Business License prior to signing the
agreement, at their own expense.
PROPOSAL REVIEW, EVALUATION, & SELECTION PROCESS
Service Providers shall submit a comprehensive, but concise, RFP submittal. Failure of the Service
Provider to provide any information requested in this RFP may result in disqualification of the
Page | 11
RFP – On-Call Plumbing Services
submitted proposal.
Submittal Review: The Review Committee shall evaluate and rank proposal submittals based
on alignment with the RFP requirements, Submittal Format, and Review Criteria. Interviews may
be scheduled at the Town’s discretion; however the Town reserves the right to select a Service
Provider(s) based on the proposals only.
Interview of Finalists: At the Town’s option, the field will be narrowed to the top responsive
Service Providers, and they will be invited to interview with the review committee, in a to-be-defined
format. The finalists will have approximately one week to prepare their presentation for the
committee.
SELECTION CRITERIA
The objective of the Review Committee will be to evaluate proposals against the criteria set forth
here-in:
SELECTION CRITERIA Point Value
Experience and Qualifications: The Service Provider’s relevant experience in
providing on-call plumbing services, particularly in municipal or governmental
settings.
30 points
Value and Cost: Competitiveness, value and transparency related to labor rates
and fees.
30 points
Response Time and Availability: Ability to respond quickly to emergency service
requests
25 points
Compliance with RFP Requirements: Completeness and accuracy of the
proposal in meeting all outlined submission requirements.
15 points
Total Points 100 points
Based on the point system, the proposals will be ranked in order of the Service Provider’s
perceived ability to perform the work. The top-rated proposals MAY result in interviews, and after
interviews, points may be recomputed.
GENERAL REQUIREMENTS
The successful Service Provider(s) shall:
Have experience in all professional services requested in this RFP.
Have current required professional licenses and credentials as required.
Enter into a contract with the Town to provide On-Call Plumbing services.
Provide proof of and maintain insurance coverage for the duration of the contract period
as outlined in the Town’s Professional Services Agreement
Provide performance bonds for any scope of work with an estimated cost of $50,000 or more.
Operate as an independent contractor and will not be considered employee(s) of the Town.
Be paid on actual invoices as work is completed.
Page | 12
RFP – On-Call Plumbing Services
TOWN REPRESENTATIVES
The Town’s representative on this project will be Robert Schumaker, Facilities Supervisor/ Project
Manager, of the Internal Services Department. All progress meetings, project review, field
meetings, day-to- day work, and project related contact will be coordinated through the Project
Manager or his designee.
PROTEST PROCEDURES
Any person adversely affected by this solicitation shall file with the Town Clerk, Town of Estes
Park, P.O. Box 1200, Estes Park, CO 80517 a Notice of Protest, in writing, at least five (5) calendar
days prior to the date on which proposals are to be received. Protests will be considered and
responded to in writing prior to the proposal due date of Wednesday, November 20, 2024. If the
protest is sustained, the proposal due date may be delayed, and an addendum be issued to modify
the due date or cancel the solicitation. If the protest is denied, the proposal due date is upheld,
and submissions will be required as originally scheduled.
Any person adversely affected by a decision in connection with this solicitation shall file a Formal
Written Protest, in writing, within five (5) calendar days of receipt of the decision with the Town’s
Project Manager.
The formal written protest shall state with particularity the facts and law upon which the protest is
based.
Protesters may not challenge the evaluation criteria or the relative weight of the evaluation criteria
or the formula for making an award determination.
Upon receipt of a formal written protest that has been filed in a timely manner, the Project Manager
shall stop the proposal solicitation process or the award process until the subject of the protest is
resolved by mutual agreement or by final action of the Town’s Board of Trustees.
The Project Manager shall provide an opportunity to resolve the protest by mutual agreement
between the parties within seven (7) working days of receipt of a formal written protest. If the protest
is not resolved by mutual agreement within seven (7) working days, the Project Manager and/or
the protestor shall refer the protest to: Town Administrator, Town of Estes Park, P.O. Box 1200,
Estes Park, CO 80517.
The Town’s Board of Trustees will review the protest and the Project Manager’s decision, and
either concur or reverse the decision at the next possible regular meeting of the Town Board.
TOWN OF ESTES PARK
Robert Schumaker
Facilities Supervisor/ Project Manager
Town of Estes Park
Internal Services Department
970-577-39
rschumaker@estes.org
Page | 13
RFP – On-Call Plumbing Services
EXHIBIT 1
TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT
No employee, elected or appointed official of the Town of Estes Park, or any such
person’s spouse or dependent child has an existing or pending, direct or indirect,
financial, ownership or personal interest in the proposing Service Provider of this Request
for Proposal, except as follows:
I/we hereby agree to all instructions, terms and conditions, and specifications contained
herein. I/we acknowledge receipt of the following Addenda:
Proposing Service Provider Name
Address
Telephone Number
Email
Submitted By (Signature)
Printed Name
Title
Date
Attest
Signature
Printed Name
IV. EXHIBITS
EXHIBIT 2
SERVICE PROVIDER’S KEY PERSONNEL AND SUBCONSULTANT LISTING
KEY PERSONNEL:
NAME Role/ Job Title
SUBCONTRACTOR LISTING:
Company Name Trade or Specialty
Add lines as needed.
Illegal Aliens:
The Contractor certifies that the Contractor shall comply with the provision of CRS 8-17.5-
101, et seq. The Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract or enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this contract.
The Contractor represents, warrants, and agrees that it:
i. Has verified that it does not employ any illegal aliens, through participation in the Basic
Pilot Employment Verification Program administered by the Social Security
Administration and the Department of Homeland Security, or
ii. Otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The
Contractor shall comply with all reasonable requests made in the course of an
investigation by the Colorado Department of Labor and Employment. If the Contractor
fails to comply with any requirement of this provision or CRS 8-17.5-101, et seq., the
Town may terminate this contract for breach of contract, and the Contractor shall be
liable for actual and consequential damages to the Town.
If the Contractor obtains actual knowledge that a subcontractor performing work under
this contract knowingly employs or contracts with an illegal alien, the Contractor shall:
i. Notify the subcontractor and the Town within three days that the Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
ii. terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to sub-paragraph (a.) above, the subcontractor does not stop
employing or contracting with the illegal alien, unless the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
EXHIBIT 3 TOWN OF ESTES PARK
REFERENCE AUTHORIZATION AND RELEASE FORM
To:
A Corporation
By: , A Partnership whose address is
Proposer)
An Individual
Proposer hereby authorizes Town to perform such investigation of proposer as the
Town deems necessary to establish the qualifications, responsibility and financial
ability of proposer. By its signature hereon, proposer authorizes owner to obtain
reference information concerning proposer and releases the party providing such
information named above and the Town from any and all liability to proposer as a
result of any such reference information provided.
Proposer further waives any right to receive copies of reference information provided
to the Town. An executed copy of this Reference Authorization and Release Form
may be used with the same effectiveness as an original.
By
Print Name
Title
Date _________________________________
EXHIBIT 4
SCHEDULE OF CHARGES
The Town of Estes Park seeks proposals from qualified Service Providers to provide as-needed,
on- call Plumbing Services for various projects to be determined. The contract will be
administered by the Internal Services Department; however the scope of work may not be
limited to one Division or Department. Interested Service Providers will provide a proposal as
described in the On-Call Plumbing Services RFP and provide their rates for labor and
equipment usage, as provided below. Any and all labor and rate charges not provided below but
that may apply shall also be included.
DEFINITIONS:
Journeyman Plumber” An individual who has completed a certified Plumbing
apprenticeship.
Plumbers Apprentice” An individual who is currently attending a certified apprenticeship.
Laborer”(Plumbers Helper) An individual that assists Journeymen and Apprentices
BID SCHEDULE
RATES FOR LABOR AND EQUIPMENT USAGE
per hour of actual working time, unless otherwise noted)
Labor Rates (including all surcharges):
Plumbing projects during Regular Business Hours: 8:00 A.M. to 5:00 P.M. Monday–Friday;
Excluding Town Holidays
Per Hour
Supervisor
Journeyman Plumber
Plumbing Apprentice
Laborers (Plumbers Helper including Traffic Control Workers)
INCLUDES TRAVEL
Labor Rates (including all surcharges):
Plumbing projects during EMERGENCY HOURS: 5:00 P.M. to 8:00 A.M. Monday–Friday,
Saturday and Sunday; Including Town Holidays
Per Hour
Supervisor
Journeyman Plumber
Plumbing Apprentice
Laborers (Plumbers Helper including Traffic Control Workers)
INCLUDES TRAVEL
Additional Items:
1. Are there any surcharges such as fuel, disposables, etc.? Please list.
2. What is your minimum callout time that you bill for emergency and non-emergency?
Equipment:
Please provide a list of the items of equipment that your firm owns that might be necessary for
the kinds of services described in the Scope of Services.
Equipment Type Billable Rate/ Time Period
EXHIBIT 5 TOWN OF ESTES PARK
SERVICES CONTRACT (example)
TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Enter Contractor Name] (Contractor), a [Enter Contractor's legal entity, e.g. Colorado
Corporation], whose address is [Enter Contractor's address, including street, city, state & zip],
make this Contract this __________ day of ____________________, 2023, at the Town of Estes
Park, Colorado, considering the following facts and circumstances:
1. RECITALS:
1.1 Town desires to use the services of Contractor outlined in Contractor’s Proposal; and;
1.2 Contractor 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 Pages
2.5 The following Special Conditions of the Contract, if any:
Document Title Pages
2.6 Notice of Award;
2.7 Request for Proposals, containing [Enter number of pages in RFP] pages, dated [Enter
date of RFP];
2.8 Contractor’s Proposal, containing [Enter number of pages in proposal] pages, dated
Enter proposal date]; and
2.9 Insurance Certificates.
List here any other documents forming part of the Contract, note this list can vary]
3. SCOPE OF SERVICES: Contractor 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 Contractor shall begin
services under this Contract upon receiving Town’s notice to proceed. Contractor shall
timely perform its Services, according to the Performance Schedule [Enter how Performance
Schedule is referenced, either as Contract Document (incorporated into) or Exhibit (attached
to), with language to this effect " attached to and incorporated into this Contract or as
otherwise directed by Town."].
5. PRICE: The Town will pay Contractor for the performance of this Contract, not to exceed
Enter price], as the Price for the total Services performed as stipulated in Contractor’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 CONTRACTOR: The Contractor 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 Contractor 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 Contractor 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
Contractor under the following conditions:
7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Contractor 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. 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.
9. 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:
Enter name, title, & address of Town's
authorized rep]
CONTRACTOR:
Enter name, title & address of Contractor 's
authorized rep]
10. COMPLIANCE WITH LAW: Contractor 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. Contractor shall protect and indemnify Town against any claim or
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 Contractor follows the safety regulations issued by OSHA.
11. PERMITS AND LICENSES: The Contractor 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 to have a business license which can be obtained from the Town Clerk’s Office.
12. PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor 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.
13. INSURANCE: Contractor 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, Contractor shall maintain such coverages for the
insurance listed in Paragraphs [13.1], 13.3 and 13.4 for two additional years. For any claims-
made policy, Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
13.1 [if Professional Liability is not necessary, delete section and renumber the remaining
sections under insurance] Professional Liability for at least $1,000,000.
13.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000. Contractor shall
require any subcontractor hired by the Contractor to carry Workers’ Compensation
and Employer’s Liability coverage.
13.3 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.
13.4 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 Contractor’s owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
13.5 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
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 Contractor.
13.6 Contractor shall, upon request, provide Town a certified copy of each required policy.
13.7 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor 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: [INSERT TITLE OF DEPARTMENT CONTACT]
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 Contractor 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 Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall
provide appropriate declarations and evidence of coverage.
13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor 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.
13.10 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.
13.11 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 Services 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.
13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
14. INDEMNIFICATION:
14.1 Contractor 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 Contractor, anyone directly or indirectly
employed by it, or anyone for whose acts Contractor may be liable.
14.2 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.
14.3 As part of this indemnity obligation, the Contractor 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.
15. INDEPENDENT CONTRACTOR: Contractor 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 Contractor. Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is an
employee or agent of the Town in any capacity. Contractor’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Contractor is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Contractor 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;
subject the terms of this Agreement, Town and Contractor may each contract with other
parties.
16. 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.
17. 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.
18. NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries under
this Contract. Any person besides Town or Contractor receiving services or benefits under
this Agreement is an incidental beneficiary only.
19. 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 Contractor’s 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.
20. WAIVER: No waiver of any breach or default under this Agreement shall waive any other or
later breach or default.
21. TERM: This Contract shall commence on [Fill in the date contract begins, which can be "its
effective date", a specific date, or "the date specified in a forthcoming Notice to Proceed",
and press F11 to continue], and shall continue through [Fill in the date contract ends, press
F11 to continue] with the option of [Fill in the number of renewals, press F11 to continue]
additional renewals, on an annual basis, upon agreement of both parties.
22. TERMINATION:
22.1 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.
22.2 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 Contractor
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
22.3 If either party so terminates, the Contractor 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.
23. SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor 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
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will.
24. 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.
25. SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
26. 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.
27. AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document, the
signatories represent that they have actual authority to enter this Contract for the respective
parties.
28. INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
29. 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.
CONTRACTOR
By:
Date
Title: _______________________________
State of )
ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
2023, by ______________________________, as
of ______________________________, Contractor. (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:
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 , 2023.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 3
TOWN OF ESTES PARK, COLORADO SERVICES CONTRACT
ON-CALL PROFESSIONAL PLUMBING SERVICES
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Everest Mechanical Estes Park LLC (Contractor), a Colorado limited liability company, whose
address is 1201 C Graves Avenue, Estes Park, Colorado 80517 make this Contract this
day of ____________________, 2025, at the Town of Estes Park, Colorado,
considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Contractor outlined in Contractor’s Proposal; and;
1.2 Contractor 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 Pages
2.5 The following Special Conditions of the Contract, if any:
Document Title Pages
2.6 Notice of Award;
2.7 Request for Proposals, containing 28 pages, dated October 23, 2024;
except that the text on pages 14 and 15 is hereby stricken;
2.8 Requests for services on an as-needed basis, as described in section 5;
ATTACHMENT 4
Town of Estes Park Services Contract -- Page 2 of 10
2.9 Contractor’s Proposal, containing 13 pages, dated November 19, 2024; except that the
text below the table on page 4 is hereby stricken; and
2.10 Insurance Certificates.
3 SCOPE OF SERVICES: Contractor 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 Contractor shall begin
services under this Contract upon receiving Town’s notice to proceed. Contractor shall
timely perform its Services, according to the Performance Schedule.
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 CONTRACTOR: The Contractor shall bill its charges to the
Town periodically, but no more frequently than once a week. 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 Contractor 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 Contractor 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
Contractor under the following conditions:
7.1 Contractor fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Contractor is in default of any of its obligations under this Contract or any of the
Contract Documents.
Town of Estes Park Services Contract -- Page 3 of 10
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 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.
9 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 J. Fetherston, Internal Services Director
170 MacGregor Avenue
Estes Park, CO 80517
CONTRACTOR:
Everest Mechanical Estes Park, LLC
Seth Saurabh, Chief Operating Officer
1201 C Graves Avenue
Estes Park, CO 80517
10 COMPLIANCE WITH LAW: Contractor 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. Contractor shall protect and indemnify Town against any claim or
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 Contractor follows the safety regulations issued by OSHA.
11 PERMITS AND LICENSES: The Contractor 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 to have a business license which can be obtained from the Town Clerk’s Office.
12 PATENTED DEVICES, MATERIALS AND PROCESSES: The Contractor 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.
Town of Estes Park Services Contract -- Page 4 of 10
13 INSURANCE: Contractor 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, Contractor shall maintain such coverages for the
insurance listed in Paragraphs 13.1, 13.3 and 13.4 for two additional years. For any claims-
made policy, Contractor shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
13.1 Professional Liability for at least $1,000,000.
13.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000. Contractor shall
require any subcontractor hired by the Contractor to carry Workers’ Compensation
and Employer’s Liability coverage.
13.3 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.
13.4 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 Contractor’s owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
13.5 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
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 Contractor.
13.6 Contractor shall, upon request, provide Town a certified copy of each required policy.
13.7 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Contractor 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 J. Fetherston, Internal Services Director
Town of Estes Park Services Contract -- Page 5 of 10
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 Contractor 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 Contractor, its
officers, employees, agents, subcontractors, or business invitees. They shall be written
as primary policies not contributing to and not in excess of coverage the Town may
carry.
13.8 If Contractor is self-insured under the laws of the State of Colorado, Contractor shall
provide appropriate declarations and evidence of coverage.
13.9 Contractor shall not cancel, change, or fail to renew required insurance coverages.
Contractor 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.
13.10 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.
13.11 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 Services 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.
13.12 Contractor shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
14 INDEMNIFICATION:
14.1 Contractor 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
Town of Estes Park Services Contract -- Page 6 of 10
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 Contractor, anyone directly or indirectly
employed by it, or anyone for whose acts Contractor may be liable.
14.2 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.
14.3 As part of this indemnity obligation, the Contractor 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.
15 INDEPENDENT CONTRACTOR: Contractor 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 Contractor. Contractor shall exercise no
supervision over any employee or official of Town. Contractor shall not represent that it is
an employee or agent of the Town in any capacity. Contractor’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Contractor is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Contractor 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;
subject the terms of this Agreement, Town and Contractor may each contract with other
parties.
16 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.
17 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.
18 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Contractor receiving services or benefits
under this Agreement is an incidental beneficiary only.
19 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
Town of Estes Park Services Contract -- Page 7 of 10
may expose Town to liability or loss, Town may bar any person (including Contractor’s 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.
20 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
21 TERM: This Contract shall commence on the date specified in a forthcoming Notice to
Proceed, and shall continue through December 31, 2025 with the option of four additional
renewals, on an annual basis, upon agreement of both parties.
22 TERMINATION:
22.1 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.
22.2 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 Contractor
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Contractor for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
22.3 If either party so terminates, the Contractor 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.
23 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Contractor hereunder. Town may effect suspension by
giving the Contractor written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Contractor 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
Contractor, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Contractor may terminate this Contract at
will.
24 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.
25 SUBCONTRACTING: Except subcontractor clearly identified and accepted in the
Contractor's Proposal, Contractor may employ subcontractors to perform the Services only
Town of Estes Park Services Contract -- Page 8 of 10
with Town's express prior written approval. Contractor is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subcontractors.
26 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.
27 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Contractor. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
28 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
29 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 Services Contract -- Page 9 of 10
CONTRACTOR
By:
Date
Title: _______________________________
State of )
ss
County of )
The foregoing instrument was acknowledged before me this __________ day of
2025, by ______________________________, as
of ______________________________, Contractor. (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 Services Contract -- Page 10 of 10
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 , 2025.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
TOWN CLERKMemo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: January 28, 2025
RE: Appointment of Reuben Bergsten to the Platte River Power Authority
Board of Directors for a 3-year term commencing January 1, 2025 and
expiring December 31, 2027.
Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER - Appointment
QUASI-JUDICIAL YES NO
Objective:
To appoint a member to the Platte River Power Authority (PRPA) Board of Directors as
outlined in the Organic Contract.
Present Situation:
The Organic Contract with the three (3) PRPA municipalities, Fort Collins, Longmont
and Loveland, outlines the PRPA Board of Directors shall consist of eight (8) members
from the four (4) municipalities to include the mayor of each community and an
additional Board member. At the December 10, 2019 meeting, PRPA Resolution 07-19
was acknowledged by the Town Board which provided nonbinding guidance to the
PRPA municipalities to consider appointing a member from their individual communities
with the experience and expertise in a relevant field to enhance the quality of the
decision making on the Board of Directors. In addition, the Town Board appointed
Reuben Bergsten/Utilities Director to a term beginning January 1, 2020 and expiring
December 31, 2024. Director Bergsten has been a member of the PRPA Board of
Directors since 2011.
Proposal:
Staff requests the Town Board consider the reappointment of Director Bergsten to the
PRPA Board of Directors as the Town’s technical expert as well as a consistent
presence on the Board between mayoral terms. The requested appointment is for three
3) years rather than four (4) as the previous appointment was inadvertently brought
forward and approved for five (5) years. This will allow the Town appointment to get
back in line with the Organic Contract which outlines four (4) year terms and ensure
there are not multiple vacancies on the PRPA Board on any given year. If approved,
Mayor Hall will sign a Certificate of Appointment to confirm the appoint for PRPA and
the other PRPA communities.
Advantages:
The reappointment of Director Bergsten provides a continuity of knowledge and
understanding of PRPA as the mayoral appointment changes with each municipal
election.
Ensures the Town is in alignment with the appointment requirements of the Organic
Contract.
Disadvantages:
The PRPA Board of Directors will meet and take action without the full
representation of the Town.
Action Recommended:
Staff recommends the appointment of Director Bergsten to the PRPA Board of
Directors.
Finance/Resource Impact:
None
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial the appointment of Reuben Bergsten/Utilities Director to
the Platte River Power Authority Board of Directors from January 1, 2025 through
December 31, 2027.
Attachments:
1. Organic Contract Pages 5-7
ATTACHMENT 1
Rocky Mountain National Park Updates
Rocky Mountain National Park
Fuels Mitigation and Fire Recovery
Prescribed Burns & Pile Burns
Infrastructure Recovery from 2020 fires
Housing Updates
CRD Housing
Housing Request
Transponders
Fall River Entrance
Moraine Park Campground
Rocky Mountain National Park
Fuels Mitigation Projects
Prescribed Burns
Rocky Mountain National Park
Pile Burns
Cameron
Peak and
East
Troublesome
Fires 2020
Rocky Mountain National Park
Fire Recovery Efforts
Most trails have reopened
Exotic plant
monitoring/treatments on
burned trails & suppression
areas
Monitoring of fish,
amphibians, and critical
habitat in burned areas
Infrastructure rebuilt
Rocky Mountain National Park
Active vegetation recovery is limited to areas that will not recover naturally due to
other stressors
Exotic plant survey and treatment of nearly 170 miles of trail, road corridor, and
fireline operations since 2021. Post fire wetland planting (2021 to 2024) totaled 10,306
plants, predominantly willow.
In 2023 and 2024, planted 3810 limber pine seedlings grown from seed collected at
the park near Mirror Lake, near Fern Lake, and on Steep Mountain.
Amphibians - Wood frogs found in Kawuneeche Valley in 2022, 2023, and 2024.
There was a decrease in fish populations in the burn area initially, but those numbers
in most places are on an upward trajectory. Still some places (Fern Creek below Fern
Lake) are not recovering as well.
Rocky Mountain National Park
Natural Recovery
Tonahutu Spur/South Tonahutu Trail intersection
2022 2023 2024
Rocky Mountain National Park
Fire Recovery – Grand Lake Entrance
Rocky Mountain National Park
CRD Housing Replacement
Rocky Mountain National Park
CRD Housing
Rocky Mountain National Park
Completed housing needs assessment
Received approval for approximately $70
million for critical housing needs
Ongoing construction for over $5 million
worth of housing projects
East Side Housing Update
Rocky Mountain National Park
Transponders
A transponder is a small, credit card-sized
device that must be attached to a vehicle’s
window.
Volu ntary automated transponders gate at
Beaver Meadows Entrance, Fall River
Entrance and soon to be Grand Lake
Entrance.
Transponders sold February through early
June work fine.
The second batch of transponders we
received had software issues that we have
been working to resolve with their software
engineers.
Rocky Mountain National Park
Fall River Entrance Construction
Rocky Mountain National Park
Moraine Park Campground and HQ Utilities Project
Improve visitor
experience and
accessibility
Replace/rehab water,
electric and wastewater
systems
Rocky Mountain National Park
Moraine Park Campground and HQ Utilities Project
Rocky Mountain National Park
Kawuneeche Valley Restoration Collaborative
Search and Rescue support
Education and Interpretation staff
Trails projects
Stock support
Junior Ranger Program
Conservation Corps
Publications
And more ….
Deep Gratitude …
WWW.RMCONSERVANCY.ORG
Questions?
COMMUNITY DEVELOPMENT
Memo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Paul Hornbeck, Senior Planner
Date: January 28, 2025
RE: Ordinance 01-25 Rezoning 860 South Saint Vrain from E (Estate) to RM
Multifamily Residential), Charles Santagati Owner/Applicant
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing to consider an application for a proposed Zoning Map
Amendment (rezoning) from E (Estate) to RM (Multi-Family Residential), review the
application for compliance with the Estes Park Development Code (EPDC), and
approve, deny, or continue the application.
Present Situation:
860 South Saint Vrain Avenue is a 0.98 acre site currently zoned E (Estate), containing
a single residence built in 1935. The site is relatively flat and outside all mapped hazard
areas (flood, fire, and geologic). The site is located within an important wildlife habitat
area per the 1996 Comprehensive Plan. The Plan mapped the site within a high use
area for Elk. The site is just outside an area mapped as a high use area for deer, which
runs from Rocky Mountain National Park to South Saint Vrain Avenue. As an area
within an important habitat area, EPDC restrictions on fencing and non-native
landscaping will apply to any future subdivision and development.
Potential vehicular access to the site is available from both South Saint Vrain Avenue
and Community Drive. Both streets include existing bicycle and pedestrian facilities,
with a shared-use paths on the east side of each street. Seasonal transit service is
available on The Peak silver route along South Saint Vrain Avenue.
UPDATED BY STAFF 2025-01-24
2
Vicinity Map
The surrounding land use, zoning, and Future Land Use designation are depicted in
Table 1 below. The Town owns the open space south of the subject property and is
subject to a deed restriction that prohibits development.
The property was first platted in 1925 as Lot 18 of the Bonnie Brae Park Subdivision.
Zoning was established on the property in 1948 through Ordinance 115 which
established all property in the Bonnie Brae Addition as R-1 Residential, which allowed
one-family and two-family dwellings. The R-1 zoning, later renamed R-S, and the
allowed uses remained essentially unchanged until the Town-wide rezoning in 2000. At
that time, it was down-zoned like many properties in Estes Park, to a less intense
zoning of Estate, which allows single-family homes but does not allow two-family
homes. The approach to the Town-wide rezoning appears to generally have been to
zone properties based on their current use and not on potential future use.
Co
m
m
u
n
i
t
y
D
r
Subject
Property
S.
S
a
i
n
t
V
r
a
i
n
A
v
e
Morgan St
Brodie Ave
Lexington Ln
3
Zoning
Table 1: Zoning and Land Use Summary
COMPREHENSIVE PLAN FUTURE LAND
USE DESIGNATION
ZONING USES
SUBJECT
PARCEL
Mixed-Use Centers and Corridors E (Estate) Single Family
Residential
NORTH Mixed-Use Centers and Corridors E (Estate) Single Family
Residential
SOUTH Mixed-Use Centers and Corridors RM (Multi-Family
Residential)
Open Space
EAST Public/Semi-Public CO (Commercial Outlying Golf Course
WEST Mixed-Use Centers and Corridors R (Single-Family
Residential)/ R-2 (Two-
Family Residential)
Single and
Two Family
Residential
Proposal:
The applicant requests to rezone the subject parcel from E (Estate) to RM (Multi-Family
Residential). A conceptual site plan (Attachment 5) and building elevations (Attachment
6) depict ten two-story townhome units, each approximately 1,830 square feet in size.
Each lot includes some exterior open space and deck or patio, with lot sizes ranging
E
R
A
Subject
Property
RM
CO
RM
RM
R-1R-2
Co
m
m
u
n
i
t
y
D
r
S.
S
a
i
n
t
V
r
a
i
n
A
v
e
Morgan St
Brodie Ave
Lexington Ln
E
E
4
from approximately 3,300 square feet to 4,000 square feet. The building's finish
materials proposed include cedar/ fiber cement lap, vertical, and board & batten siding,
asphalt composition shingle roofs, and metal accent roofs.
Vehicular access would be provided from Community Drive, with emergency-only
access from South Saint Vrain Avenue. Each unit has a two-car garage and one guest
parking space. Landscape buffers and open land is depicted around the perimeter of
the property.
The development would utilize the workforce housing density bonus allowed by EPDC
Section 11.4 to increase the number of units allowed from seven units to ten units. This
is an increase of 43%, less than the full bonus density of 100% (i.e. 15 units). As such,
six of the units will be deed restricted for 50 years to be sold or rented only to qualified
members of the Estes Valley workforce. The other four units would not be subject to the
deed restriction.
Advantages:
The application complies with the relevant standards and criteria set forth below and
with other applicable provisions of the EPDC. In accordance with Section 3.3D
Standards for Review” of the EPDC, all applications for rezoning shall demonstrate
compliance with the following standards and criteria:
1. The amendment is necessary to address changes in conditions in the areas
affected.
Staff Discussion: Determining compliance with this review criteria can be challenging
due to its lack of specificity. For example, what timeframe should be used for evaluating
changes? What is the area affected? What type or degree of changes warrant an
amendment (rezoning)?
One interpretation of the timeframe for evaluating changes in conditions could be the
time since single-family zoning was established on the subject property, which occurred
in 1948 as outlined above. Most, if not all, multifamily development in the vicinity has
occurred since that time, as detailed below. A more conservative interpretation might be
that the timeframe should be the most recent change to zoning of the property, which
occurred with the Town-wide rezoning in 2000 that changed the zoning from R-S to E,
thereby disallowing two-family homes. There have been changes in the vicinity since
that time, although they are less widespread than changes since 1948.
The area affected could mean the immediate vicinity of the property, such as abutting
properties, properties within ¼ mile, or ½ mile, etc. Or it could mean the entire Town of
Estes Park or even the whole Estes Valley. Housing challenges are relevant at all three
geographies. A single development across town would not likely be considered the area
affected; however, the cumulative effect of development trends in the community should
be considered.
5
What is a significant enough change in conditions to warrant a rezoning? The area has
completely changed in character since single family zoning was established in 1948.
Change since the 2000 rezoning is more incremental but still includes significant
development such as the Prospector Apartments. Housing challenges existed in 2000
but have become more significant since that time.
In consideration of these challenges, staff has identified the following as changes in
conditions to the areas affected:
Change in Comprehensive Plan
The Estes Forward Comprehensive Plan (Comp Plan) was adopted in 2022 by Town
Board to guide the day-to-day and long-range decisions that affect Estes Park. The new
Plan changed the future land use designation of the property from Estate (E) to Mixed
Use Centers & Corridors. The Future Land Use Plan is described in the Comp Plan as
follows:
The Future Land Use Plan conveys the patterns and priorities of conservation,
development, economic vitality, neighborhood character, and the preservation
of natural, agricultural, and rural landscapes. It serves as a starting point for
conversations about regional initiatives and development proposals by illustrating
the interrelationship between seemingly separate and uncoordinated land use
activities. The framework also enhances predictability for residents and
developers about the desired character of each area. It is a guide for decision-
makers as they consider how proposed development can help or harm our
desired future, and where and how the community will grow or not grow.
A change in future land use designation from Estate (E) to Mixed Use Centers &
Corridors is significant. The former was envisioned in the 1996 Plan to allow for single-
family residential on minimum ½ acre lots. The later is envisioned in the 2022 Plan to
allow “Mixed-Use developments with upper-story residential, office, institutional,
commercial, entertainment and medium-high density accommodations such as hotels,
motels, short-term rental attached units.” The Estes Park Development Code does not
have a mixed-use zoning district (other than CD (Commercial Downtown)), meaning the
Plan’s vision cannot be implemented under the current code. As such, development
must be either residential or commercial. Given the mostly residential character of the
area, with commercial uses clustered further north on South Saint Vrain Avenue, the
proposed townhome use is consistent with the intent of Comp Plan and Future Land
Use Map to allow higher intensity uses in the corridor.
6
1996 Future Land Use Map
Subject Property:
Estate (E)
7
2022 Future Land Use Map
Subject Property:
Mixed Use Centers
Corridors
8
Neighborhood Changes
Development from both decades ago and more recently has changed conditions in area
and in the general vicinity of the proposed rezoning, including:
Eagle View Condos built in the early 1980s (South Saint Vrain Avenue
north of Golf Course Road)
Eagles Landing Condos built in the mid-1980s through mid-1990s
southeast of South Saint Vrain Avenue and Lexington Lane)
Trailridge Apartments built in the early 1990s (South Saint Vrain Avenue &
Community Drive)
Mountain Golf Villas Condos built in the early to mid-1990s (Community
Drive & Matthew Circle)
Elkridge Condos built from 1998-2000.
Prospector Apartments opened in 2024 (South Saint Vrain Drive &
Lexington Lane)
Housing Need Changes
The challenges associated with housing in Estes Park are well documented in the 2023
Housing Needs Assessment but go back decades. The first housing study appears to
have been conducted in 1990 in recognition of these challenges. Subsequently the
Estes Park Housing Authority was formed in 1993. By January, 2000, the median sales
price of a house in Estes Park was approximately $190,000 1 ($355,000 in real terms
when adjusted for inflation). However, by November, 2024, that number had ballooned
to $692,000 2. That represents nearly a 100% increase in 24 years or an annualized
increase of 4%. A significant portion of that increase occurred from March 2020 to
September 2022, with a 50% increase.
While housing costs have dramatically increased, median household income has grown
at a much slower pace. In 1997 the Larimer County median household income was
44,0003 ($85,000 in real terms when adjusted for inflation). Median household income
in 2023 was $91,000 4. This 7% increase represents an annualized increase of 0.25%.
In other words, the median sales price of a home has grown approximately 16 times
that of the growth of median household income. Renters are especially challenged to
find attainable housing. In 2010 41% of renters were cost burdened, which rose to 63%
1 Root Policy Research. Estes Valley Housing Needs Assessment & Strategic Plan, 2023.
2 Realtor.com
3 US Census Bureau
4 Ibid
9
in 20205. Households paying more than 30% of their gross income toward housing
costs are considered cost burdened.
Lack of RM Zoned Buildable Lots
There are 5,911 parcels in Estes Park. Of those, 1,718 are zoned RM. This does not
mean there are 1,718 housing units in the RM zone as many of those parcels are
common areas owned by an HOA, drainage facilities, open space, etc. However, of
those 1,718 parcels, only four appear undeveloped and unencumbered by easements
or other restrictions preventing potential future development. Recent development such
as Peak View Apartments and Prospector Apartments have reduced the inventory of
buildable lots zoned RM. Other property annexed since 2000 and zoned RM have been
developed such as the Wildfire development and Good Samaritan.
Staff Finding: The proposed rezoning is necessary to address changes in conditions in
the areas affected, as outlined above.
2. The Development Plan, which the proposed amendment to this Code would
allow, is compatible and consistent with the policies and intent of the
Comprehensive Plan and with existing growth and development patterns in
the Estes Valley.
Staff Discussion: Staff has waived the requirement for a Development Plan with
the rezoning in-lieu of a conceptual site plan since a Development Plan and
Subdivision Plat will be required should be the rezoning be approved. This
requirement is waived per 3.3.B.1 of the Estes Park Development Code:
All applications seeking to amend this Code to allow a change from one
1) zone district to a different zone district or seeking to amend this Code
by changing the permitted uses in any zone district shall be accompanied
by a development plan. Staff may waive this requirement if it finds that the
projected size, complexity, anticipated impacts, or other factors associated
with the proposed development or subdivision clearly justify such waiver.”
Staff recommends as a condition of rezoning approval that the Development Plan
and Subdivision Plat applications are in general conformance with the conceptual
site plan to ensure consistency between applications. There has been precedent
in recent years with rezoning applications in Estes Park being processed and
approved by the Town Board of Trustees that were not accompanied by a
Development Plan, including 507 Grand Estates Drive, Lot 2 of Castle Ridge
Minor Subdivision, and The Town-owned “Fish Hatchery” project.
The Comp Plan has nine Guiding Principles for the Estes Valley. Relevant
principles include:
5 Root Policy Research. Estes Valley Housing Needs Assessment & Strategic Plan, 2023.
10
Balanced and managed growth that enhances quality of life, preserves
local character, conserves natural resources and wildlife habitat.
Housing opportunities sufficient to support a multigenerational, year-round
community.
Connected community linked locally and regionally by multi-modal
transportation options.
Relevant Goals and Policies from the Comp Plan are listed below, followed by
staff analysis:
GOAL NE1: Maintain Estes Valley’s scenic character and viewsheds into
and within the Valley and Rocky Mountain National Park.
Policy NE 1.2: The Town and County ensure that new development
minimizes the impacts to visual quality within the Valley, including
viewsheds of the mountains and protection of dark skies.
Staff Analysis: Scenic character will be protected by adhering to required
landscaping requirements and dark sky lighting standards, and impact on
viewsheds will be minimized by adhering to maximum building height
limits. Additional building height is not a part of this rezoning request.
GOAL NE3: Protect wildlife and enhance biodiversity and ecosystems.
NE 3.1 The Town protects existing native wildlife habitat and vegetation
communities by minimizing disturbance outside of the building envelope
and limiting fragmentation, except as required for wildfire protection.
NE 3.5 The Town and County work with landowners to prevent the
introduction, establishment, and spread of invasive species and eradicate
and control populations of established invasive species.
Staff Analysis: Impacts to wildlife will be limited by restrictions on fencing
and non-native landscaping and the presence of the Town-owned open
space south of the subject property and golf course to the east. As such,
the recognized east-west wildlife corridor in this area will be maintained.
GOAL BE1: Maximize public investment and the efficient delivery of public
services by strategically directing growth toward areas of existing
infrastructure, while recognizing necessary housing solutions will require
creative strategies with Environmental Justice as a foundational principle.
11
BE 1.1 The Town and County prioritize redevelopment and infill in areas
with existing transportation networks and available water/sewer
infrastructure.
BE 1.2 The Town and County ensure that new development minimizes the
impacts to visual quality within the Valley, including viewsheds of the
mountains and protection of dark skies.
BE 1.4 The Town encourages new development and redevelopment that
prioritizes active transportation such as walking, biking, public transit, and
ride-sharing in a pedestrian-scale environment.
Staff Analysis: This infill site is well served by existing infrastructure and
has good access to multimodal transportation options.
GOAL BE2: Promote protection of the environment by ensuring that
development is in harmony with its setting and provides equal and
meaningful opportunity to participate in the decision-making process to
achieve a healthy environment.
BE 2.1 The Town and County require that development preserve water
quality, ecological systems, and the natural features through sensitive site
design and minimal disturbance.
Staff Analysis: There is an inherent tension in meeting housing goals and
environmental preservation. New housing, no matter the density, will
always involve some disturbance to the natural environment. As is the
case here, redeveloping an existing infill site at a higher intensity can
reduce these impacts compared to developing an undisturbed greenfield
site. The site does not contain sensitive environmental areas such as
wetlands, riparian areas, steep slopes, or habitat of threatened or
endangered species. As mentioned above, the site is in a high use area
for Elk and limitations on fencing and non-native landscaping apply. The
Town-owned open space to the south also helps mitigate impacts to elk
habitat and movement as it will be preserved in perpetuity, providing a link
between the golf course and areas around Prospect Mountain. Water
quality can be addressed by on-site stormwater treatment, although the
EPDC does not require this.
GOAL BE3: Encourage a balanced mix of uses that meets the diverse
needs of residents, businesses, and visitors.
BE 3.1 The Town and County implement the Future Land Use Categories to
allow a variety of compatible land uses with higher intensity and density
uses concentrated within the Estes Park town limits.
12
BE 3.2 The Town and County provide appropriate transition between
varying intensity of uses and scales of development to minimize impacts
between adjacent developments.
Staff Analysis: Townhomes, especially workforce units, are needed to
serve residents. Compatibility and transition between uses is largely
mitigated by the site’s location with only one immediate neighbor. The site
has roads on two sides and Town-owned open space to the south. The
applicant has attempted to minimize impacts to the single-family home to
the north by shifting the development as far south as possible, providing a
ten-foot-wide landscape buffer, with three to four evergreen trees per lot,
plus shrubs, and moderate building height (25’).
The applicant conducted a shadow study to determine the impacts of the
proposed development on the home to the north, as seen in Attachment 6.
The study indicates shadows would be cast on the property to the north,
but not the house itself, during the winter.
GOAL BE 5: Coordinate and integrate land use and transportation
objectives.
BE 5.1 The Town and County coordinate land use and development
decisions with the capacity of the transportation system and plans for
future transportation improvements.
BE 5.2 The Town emphasizes efforts to reduce regional vehicle miles
traveled by supporting land use patterns and site designs that promote
active modes of transportation, including walking, biking, and public
transit.
Staff Analysis: The proposed development has been reviewed by CDOT
and Public Works. The transportation system has adequate capacity to
support the proposed development. The Traffic Study indicates the
proposed use will generate “very low” traffic (less than 6 peak hour trips)
and “will not create negative impact on the public roadway system.” The
location of this development as infill with good multimodal connections will
facilitate active modes of transportation.
GOAL H1: Ensure new housing meets the needs of the workforce and
families.
H 1.1 The Town and County encourage stable, long-term rental
opportunities.
H 1.2 The Town enables opportunities that give the workforce, families, and
fixed-income individuals a path to homeownership.
13
Staff Analysis: Increasing the housing supply, especially deed restricted
workforce units, can help meet the needs of the workforce.
GOAL H2: Create new housing opportunities.
T H 2.2 The Town allows infill and redevelopment that provides more
housing with a focus to increase workforce and affordable options for all
income levels.
T H 2.3 The Town uses development bonuses and other tools to incentivize
deed-restricted affordable workforce housing.
Staff Analysis: The proposed rezoning will create new housing
opportunities by allowing redevelopment of the site, with a focus on
workforce housing.
The proposed development would be compatible and consistent with existing
growth and development patterns in the Estes Valley and the more immediate
vicinity. The surrounding area is predominately residential, with a range of
densities and development types (single family, townhomes, apartments, etc.)
The proposed density of 11 dwelling units per acre falls in the middle of the range
of densities that exist in the surrounding area. Density of the surrounding area
ranges from 2.5 dwelling units per acre for the neighborhood just west of South
Saint Vrain to 18 dwelling units per acre at the Eagles Landing Condos to the
south. Additional densities can be seen in the map below.
Staff Finding: The proposed rezoning is compatible and consistent with the
policies and intent of Estes Forward Comprehensive Plan, as well as existing
growth and development patterns nearby and throughout the area.
14
Surrounding Density
3. The Town, County or other relevant service providers shall have the ability
to provide adequate services and facilities that might be required if the
application were approved.
Staff Finding: No comments from service or utility providers expressed opposition
to the rezoning or an inability to provide adequate services and facilities.
Disadvantages:
As outlined below, numerous public comments have been received expressing
concerns about increased traffic and congestion, impacts on wildlife, aesthetic
concerns, and quality of life. However, staff’s analysis is that the proposal meets the
15
applicable review criteria of EPDC Section 3.3. Additionally, the proposal mitigates
some of the concerns expressed by the neighborhood through the following:
limiting the buildings to two stories in height rather than three
limiting the development to 10 units rather than the 15 which would be
allowed under full use of the workforce housing density bonus
addressing safety concerns by providing vehicular access from
Community Drive, a street with lower traffic volumes and speeds, rather
than South Saint Vrain Avenue
prohibiting cut-through traffic from South Saint Vrain Avenue to
Community Drive
providing 10 guest parking spaces for a total of 30 spaces, which exceeds
the minimum of 20 spaces, to avoid parking impact to the neighborhood
ensuring shadows will not be cast on the neighboring house
providing landscape buffers around the perimeter of the property
restricting fencing and non-native plants to address wildlife impacts
By conditioning the rezoning approval on general conformance with the conceptual site
plan, consistency with the items above will be required with the Subdivision Plat and
Development Plan.
Level of Public Interest:
High. A neighborhood and community meeting regarding the rezoning project was held
on-site on April 10, 2024. A summary of the meeting is enclosed.
In accordance with the notice requirements in the EPDC, notice of this Town Board
hearing was published in the Estes Park Trail-Gazette, on January 10, 2025. Notice was
mailed to all required adjacent property owners on January 8, 2025. A sign was posted
on the property by the applicant.
Extensive public comments have been received on this request and can be viewed at
estes.org/currentapplications. Comments are summarized as follows:
1. Increased Traffic and Congestion: Many commentors believe that adding 10
units will significantly increase traffic on Community Drive and South Saint Vrain
Avenue.
2. Impact on Wildlife: Several comments mention that the area is a crucial
migration route for elk and deer and that the proposed development would
disrupt these routes, potentially leading to more wildlife-vehicle collisions and
negatively affecting the local ecosystem.
3. Aesthetic Concerns: Some comments argue that the development would ruin
the natural beauty and open space that Estes Park is known for. They fear that
16
the new buildings would be unsightly and not in harmony with the existing single-
family homes.
4. Housing Affordability: There is skepticism about the affordability of the
proposed units, with some comments that similar developments have resulted in
high rents that are not affordable for the local workforce. They argue that the
proposed units would not meet the actual housing needs of Estes Park workers.
5. Quality of Life: Some view the proposal as incompatible with the current
character of the neighborhood. Some comments mentioned concern about losing
sunlight, privacy, and the overall peaceful environment.
6. Need for Workforce Housing. Some commentors expressed support for the
project as it will help fill the need for workforce housing in the community.
Seven individuals spoke in opposition to the proposal at the Planning Commission
hearing, expressing concerns similar to those outlined above.
Recommendation:
Staff recommended Planning Commission forward to Town Board a recommendation of
approval of the proposed Zoning Map Amendment. With four members present at their
November 19th, 2024 meeting, Planning Commission was unable to achieve a majority
vote to forward a recommendation of approval or denial. The Commission instead
forwarded to Town Board a neutral recommendation due to a split vote.
Staff recommends Town Board approve the Ordinance approving the proposed Zoning
Map Amendment.
Sample Motions for the Zoning Map Amendment:
1. I move to approve Ordinance 01-25.
2. I move to continue Ordinance 01-25 to the next regularly scheduled meeting,
finding that … [state reasons for continuing].
3. I move to deny the rezoning application, finding that … [state reasons for denial].
Attachments:
1. Ordinance 01-25
2. Application
3. Statement of Intent
4. Rezoning Map
5. Conceptual Site Plan
6. Conceptual Building Elevations
7. Neighborhood Meeting Summary
8. Traffic Memo
ORDINANCE 01-25
AN ORDINANCE REZONING 860 SOUTH SAINT VRAIN AVENUE FROM E
ESTATE) TO RM (MULTIFAMILY RESIDENTIAL)
WHEREAS, the property addressed 860 South Saint Vrain Avenue and legally
described as Lot 18, Bonnie Brae Addition to the Town of Estes Park is currently zoned
E (Estate); and
WHEREAS, the property owner Charles Santagati has applied for the subject
property, to be rezoned to RM (Multifamily Residential); and
WHEREAS, the Estes Park Planning Commission forwarded to the Town Board
of Trustees a neutral recommendation due to a split vote; and
WHEREAS, the application for rezoning meets the criteria for an Official Zoning
Map amendment as listed in section 3.3 of the Estes Park Development Code.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Board finds this Official Zoning Map amendment necessary to
address changes in conditions in the areas affected;
Section 2: The Board finds the conceptual site plan, depicted on Exhibit A, which
this Official Zoning Map amendment would allow, is compatible and consistent with the
policies and intent of the Comprehensive Plan and with existing growth and development
patterns in the Estes Valley;
Section 3: The Board finds the Town, County and other relevant service
providers have the ability to provide adequate services and facilities that might be
required with approval of this Official Zoning Map amendment;
Section 4: The application for rezoning is hereby approved conditioned upon
any subsequent development being generally consistent with the conceptual
development plan depicted on Exhibit A; and
Section 5: This Ordinance shall take effect and be enforced thirty (30) days
after its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this day of , 2025.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the day of , 2025 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
2025, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ATTACHMENT 1
Exhibit A
Exhibit A
Revised 2023-08-01 ks
Condominium Map
Preliminary Map
Final Map
Pre-App
Development Plan
Special Review
Preliminary Subdivision Plat
Final Subdivision Plat
Minor Subdivision Plat
Amended Plat
Project Description
Lot Size Area of Disturbance in Acres
Proposed Land Use
Town Well None
Town Well None
Existing Sanitary Sewer Service EPSD UTSD Septic None
Proposed Sanitary Sewer Service EPSD UTSD Septic
Is a sewer lift station required?Yes No
Existing Gas Service Other None
Existing Zoning Proposed Zoning
Yes No
Name of Primary Contact Person
Complete Mailing Address
Primary Contact Person is Owner Applicant Consultant/Engineer
Existing Land Use
Existing Water Service
Attachments
Proposed Water Service
No
Site Access (if not on public street)
Are there wetlands on the site? Yes
Site staking must be completed as required/requested by Planner.
Complete?
Please review the Estes Park Development Code Appendix B for additional submittal requirements, which
may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report,
wildfire hazard mitigation report, wetlands report, and/or other additional information.
Project Address
Parcel ID #
Legal Description
General Information
Boundary Line Adjustment
ROW or Easement Vacation
Street Name Change Time
Rezoning Petition
Annexation Request
Extension
Other: Please specify
Project Name
Supplemental Map
ESTES PARK PLANNING DEPARTMENT
APPLICATION
Type of Application
Submittal Date:
Site Information
Application fee
Statement of intent
2 copies (folded) of plat or plan
11" X 17" reduced copy of plat or plan
Xcel
Primary Contact Information
Community Development Department Phone: (970) 577-3721 Fax: (970) 586-0249 www.estes.org/CommunityDevelopment
Town of Estes Park P.O. Box 1200 170 MacGregor Avenue Estes Park, CO 80517
Other (specify)
Other (specify)
Digital Copies of plats/plans in TIFF or PDF format emailed to
planning@estes.org
PLEASE CHECK ONLY ONE BOX
Sign Purchase ($10)
St. Vrain Townhomes
Townhome Development for Workforce Housing
860 South St. Vrain
Lot 18 Bonnie Brae Add, Estes Park
2530406018
41,029 sq ft (.94 acres)<1 acre
Single Family Home with detached shed
RM - Multi Family Residential w/ Workforce density increase
E-Estate RM- Multi-Family
Steve Lane - Bas1s Architecture P.C.
1692 Big Thompson Ave, #100 Estes Park, CO 80517
3/20/2024
4
4
DocuSign Envelope ID: BF209C33-D327-4D55-A4F9-07C497500CEF ATTACHMENT 2
Revised 2020.04.23 ks
Consultant/Engineer
PLEASE PRINT:
PLEASE PRINT:
Date
DateApplicant
Record Owner
Applicant
Fax
Names:
Email
Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews,
Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final
Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface
estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application
for development and meet the statutory requirements.
Phone
Cell Phone
Mailing Address
Applicant
Fax
Phone
Email
Contact Information
Phone
Cell Phone
Cell Phone
Mailing Address
Mailing Address
Record Owner(s)
Email
Signatures:
Fax
I hereby certify that the provisions of Section 24-65.5-103 CRS have been met.
MINERAL RIGHT CERTIFICATION
APPLICATION FEES
For development within the Estes Park Town limits See the fee schedule included in
your application packet or view the fee schedule online at
www.estes.org/planningforms
All requests for refunds must be made in writing. All fees are due at the time of submittal.
Record Owner
Charles Santagati
1191 Graves Ave, Estes Park, CO 80517
970-586-1685
glaciercreekinc@gmail.com
Charles Santagati
1191 Graves Ave, Estes Park, CO 80517
970-586-1685
glaciercreekinc@gmail.com
Bas1s Architecture P.C.
1692 Big Thompson Ave Suite 100
970-586-9140
steve@bas1s.com
Charles Santagati
Charles Santagati
DocuSign Envelope ID: BF209C33-D327-4D55-A4F9-07C497500CEF
3/20/2024
3/20/2024
Revised 2020.04.23 ks
PLEASE PRINT:
PLEASE PRINT:
Date
Date
APPLICANT CERTIFICATION
I understand that this proposal may be delayed in processing by a month or more if the information provided is
incomplete, inaccurate, or submitted after the deadline date.
I understand that acceptance of this application by the Town of Estes Park for filing and receipt of the application fee by
the Town does not necessarily mean that the application is complete under the applicable requirements of the EPDC.
http://www.estes.org/DevCode
Record Owner
Applicant
Signatures:
I grant permission for Town of Estes Park Employees and Planning Commissioners with proper identification access to
my property during the review of this application.
I acknowledge that I have received the Estes Park Development Review Application Schedule and that failure to meet
the deadlines shown on said schedule may result in my application or the approval of my application becoming null and
void. I understand that full fees will be charged for the resubmittal of an application that has become null and void.
I understand that a resubmittal fee will be charged if my application is incomplete.
The Community Development Department will notify the applicant in writing of the date on which the application is
determined to be complete.
Record Owner
Applicant
I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing the application I am acting with the knowledge and consent of the owners of the property.
Names:
In submitting the application materials and signing this application agreement, I acknowledge and agree that the
application is subject to the applicable processing and public hearing requirements set forth in the Estes Park
Development Code (EPDC).
I acknowledge that I have obtained or have access to the EPDC, and that, prior to filing this application, I have had the
opportunity to consult the relevant provisions governing the processing of and decision on the application.
The Estes Park Development Code is available online at:
DocuSign Envelope ID: BF209C33-D327-4D55-A4F9-07C497500CEF
3/20/2024
CHARLES SANTAGATI
CHARLES SANTAGATI
3/20/2024
860 S. St Vrain Ave
Townhome-Workforce Housing Re-Zoning
Statement of Intent
March 20, 2024
Revised October 22, 2024
Project Location
The proposed project is located at 860 S. St Vrain Avenue in Estes Park. The property legal description is
Lot 18, Bonnie Brae Subdivision, totaling 0.98 acres: parcel number 2530406018. The current zoning is E-
Estate. The property is currently developed with a one-story single family structure. This proposal is to re-
zone the property to RM – Residential Multi-family.
Owner
The property is owned by Charles Santagati. Centennial Lending is a lienholder on the property.
Project Description
The owner is seeking to re-zone the property to RM Residential Multi-family in order to provide additional
much needed housing in Estes Park, particularly for-sale housing units for full-time community members.
The proposal would be to re-plat the property to allow for ten (10) 3-bedroom townhome units, of which
six (6) units would permanently deed restricted as workforce housing. Note that the full 200% density
bonus that is permitted in 11.4 of the EVDC is not being requested as, on this property, that would result
in an end product that would not be appropriate for this site given the townhome design.
Multi-family zoning is directly adjacent to the south and is common in this area. The proximity to the
school district, hospital and commercial areas to the north, along with the connection with the St Vrain
multi-use trail makes this an excellent candidate for multi-family.
ATTACHMENT 3
Review Criteria
Per Section 3.3.D there are three main criteria for reviewing zoning map amendments
1. The amendment is necessary to address changes in conditions in the areas affected:
The primary condition change is the overarching need to supply affordable housing in the
Estes Valley. This map amendment is consistent with surrounding zoning development.
2. It is compatible and consistent with the intent of the Comprehensive Plan and with existing
growth and development patterns in the Estes Valley
The updated Comprehensive Plan indicates this area as a mixed use corridor, the zoning for
which does not currently exist in the EVDC. Since this property is on the southern edge of the
areas indicated as mixed use. It is much more likely for mixed use projects to be developed
in the more commercial areas of the Hwy 7 corridor.
This proposal is consistent with growth/development patterns involving the incentivization
of affordable housing in core areas.
3. Service providers have the ability to provide adequate services.
All required services are either directly adjacent to the property or can be
provided/extended easily.
Site Access and Parking
Access to the property is currently from South St Vrain Ave on the west, but will shift to Community Drive
on the east. A new private drive, designed to Estes Park street standards, would bisect the site, however
the South St Vrain (Hwy 7) access would be limited to Emergency Vehicle Only. This is a change from the
original submission made a result of neighborhood feedback concerned about the use of the new private
drive as a ‘shortcut’ between Hwy 7 and Community.
Per 7.11.D off-street parking requirements two parking spaces per unit are required. These are provided
in two-car garages attached to each unit. Additionally, one site space is provided per unit.
Pedestrian/Bike Access
The project is well connected via the St Vrain multi-use trail.
Infrastructure/Utilities
Utility service is provided via service lines from existing utility mains adjacent to the project site.
Electrical and water service is provided by the Town of Estes Park. Fire suppression would be
provided in the new buildings, served from the existing water line in S St Vrain Avenue.
Sanitary sewer services are provided by Upper Thompson Sanitation. As noted in the pre-
application a main extension will be required from the south.
Gas is provided by Xcel energy.
Stormwater + Drainage
Historically, stormwater runoff drains toward the east and into Community Drive. Per Public works initial
comments, curb and gutter will be required along both streets. Detension is not likely to be required,
however a water quality/infiltration pond will be provided at the southeast corner of the property. Full
drainage design, reporting and details would be provided with the full development plan submittal.
Traffic
A traffic memo has been prepared as part of the application and indicates no adverse impact to adjacent
streets.
Fire Protection
A fire hydrant exists at the west edge of the property along S St Vrain Ave. It will require a minor
relocation to accommodate the private street entry. All buildings will be provided with fire suppression
NFPA 13D systems). Hwy 7/South St Vrain access point will be improved and maintained to allow
emergency vehicles access to the site per the International Fire Code.
Lighting
Lighting will be limited to building entries and balconies and will be dark sky compliant. There is no site
lighting anticipated.
Landscaping
Landscaping buffers would be required along both streets and the north line (a district boundary) per
Section 7.5. Existing landscaping in these buffer areas would be scheduled to be protected. A detailed
landscaping plan would be provided in a full development plan submittal.
Neighborhood Meeting
A neighborhood meeting was held on April 10, 2024. Minutes of the meeting have been provided.
Schedule
Upon approval of the re-zoning, a full development plan submittal will be prepared for application to the
Planning Department.
Hazards
There are no mapped hazards on this property, nor are there any wetlands or floodplain areas.
Variances/Waviers
As a result of comments from staff during the review, the entire proposed development was pushed south
on the property, in order to provide a larger buffer for the property to the north. A variance to the
allowable setback encroachment for on-grade patios per EPDC 1.6.d.1.b(4) to allow the southern units to
maintain a 10’ patio is being requested. The requested is an increase of 25% - from 3’ (30% of 10’) to 3’-9”
which can be granted by the Planning Commission.
The applicant does also request that the requirement to submit a full development plan package be
waived as part of a re-zoning request, due to the significant time and financial resources required to
commit to an uncertain result. If the re-zoning request is approved, the application would then prepare a
full development plan for review by staff.
Respectfully submitted,
Steve Lane, AIA
BAS1S Architecture PC
6
6
W
9
U
D
L
Q
V
W
H
V
3
D
U
N
2
6 6 FRP
L
J
7
K
R
P
S
V
R
Q
Y
H
6
X
L
W
H
V
W
H
V
3
D
U
N
2
6KHHW 7LWOH6KHHW 7LWOH
RQLQJ LVWULFWV
O
D
F
L
H
U
U
H
H
N
6W
9
U
D
L
Q
H
Y
H
O
R
S
P
H
Q
W
6KHHW 1R
5H]RQLQJ
5HTXHVW
DWH
VVXH
UFKLWHFWXUH 3
6,6
5
7
7
8
5
3
RQLQJ LVWULFWV
ATTACHMENT 4
6 6 FRP
6KHHW 1R
6KHHW 7LWOH
DWH
UFKLWHFWXUH 3
VVXH
6,6
5H]RQLQJ 0DS
5H]RQLQJ 5HTXHVW
O
D
F
L
H
U
U
H
H
N
6
6
W
9
U
D
L
Q
V
W
H
V
3
D
U
N
2
6W
9
U
D
L
Q
H
Y
H
O
R
S
P
H
Q
W
V
W
H
V
3
D
U
N
R
OR
U
D
G
R
LJ
7K
R
P
S
V
R
Q
Y
H
6
X
LWH
5
7
7
8
5
3
27 29(5$*(
VT IW
5
6,'(
6(
7%$&.
H 5(5$17
6+,)7 287 2)
1(:5,9(
8(67
3$5.,1*
7<3 2)
3$7,2 6/$%7<3
352326('8,/',1*
22735,17 7<3
H 20081,7<3$7+
H 2 75,&72 5(029('
H 3('(67$/
H 32/(Z
75$16)250(5
127(17(51$/6(7%$&.6
2 127 33/<3(5
1(:85%
877(5
1(:85%
877(5
1(:66 0$,1
7(16,21
127(7 5$'(3$7,26
1&52$&+0$;2)
6(7%$&.3(5 3'&G E
1&5($6(72 72
2002'$7(5(48(67 72
6+,)7 8,/',1*6 6287+
3(59,286 3$7,2 25
7<3 2)
5*(1&<66
1($5 7(Z
12;2;
7$%/(85%7 5(
66 3$,17 5('
Z 7(77(5,1*
3$5.,1*5(1(
35,9$7(5,9(:$<
27 29(5$*(
VT IW
27 29(5$*(
VTIW
27 29(5$*(
VTIW/
27 29(5$*(
VTIW
27
VT IW
27
VT IW /27
VT IW
27
VT IW
27
VT IW /
27
VT IW /
27
VT IW /
27
VT IW
27
VT IW
27
VT IW
57(5,$/
6(7%$&.
27 29(5$*(
VTIW
27 29(5$*(
VTIW /27 29(5$*(
VTIW/27 29(5$*(
VTIW /27 29(5$*(
VTIW
6
6
1
1
675,&7 281'5<1'6&$3(8))(5
9(5*5((1 75((6 6+58%6 3(5 7
9(5*5((16 6+58%6 7+,6 1(
57(
5,$/
1'
6&$
3(
8))(
5
75((
6
7
6+
58%
7
75((
6
6+
58%
6
7+,
6
1(
121
57(
5,$/
1'
6&$
3(
8))(
5
75((
6
7
6+
58%
7
75((
6
6+
58%
6
7+,
6
1(
6
67
95
1
9(
2
0
0
8
1
7
5
1(:3
7(5 6(59,&(1(:6
6(59,&(
7%'
1(:6'5
6$1 6(59,&(
1(:
85,('
32:(
5
20
6(
59,&(
27 211,(5$(
2:1(5 72:1 2)67(6 3$5.
21,1*50
27 813/$77('75
7 27 27 2)6'
3/$7 211,(5$(
6 67 95$,1
2:1(5 11$+6
9,'6(1'526
21,1*67$7(
287/27
287/27
15H]RQLQJ 0DS
5(=21,1*21&(37 6,7(3/$1
6 6$,17 95$,1 9(
2:1(5
5 5((.1&
5/(6 6$17$*$7,
5$9(6 9(
67(6 3$5.2
2168/7$17
6 6 5&+,7(&785(
7+203621 9(67(
67(6 3$5.2
21,1*1)250$7,21
68%-(&7 3523(57<21,1*67$7(
352326('21,1*50 25.)25&(
352326('50
8,/',1*6(7%$&.6 57(5,$/52$'6,'(
6&5,37,21
27 211,(5$(7,21 72 7+(72:1 2)67(6 3$5.
62 12:1 7+(675((7 1'180%(5 6
6 6$,17 95$,1 9(18(67(6 3$5.2
67$7,67,&$/1)250$7,21
5266 352-(&7 5($VI
352-(&7 5($1 22'3/$,1 1
1(7 352-(&7 5($VI
727$/23(1 63$&(287/276 6)
9*27 6/23(
67,1*5(6,'(17,$/6)6)72 5(029('
352326('1(:5(6,'(17,$/6)
81,76 6)6)
16,7<8/$7,21
81,76 QR GHHG UHVWULFWLRQ
VI 1'5($5(4
81,76 ZRUNIRUFH U GHHG UHVWULFWLRQ
VI 1'5($5(4
VI 1'5($5(4 VI
3$5.,1*5$*(63$&(6 81,7
8(67 63$&(81,7
727$/
72 3529,'('
87,/,7,(6
7(5 72:1 2)67(6 3$5.
72:1 2)67(6 3$5.
6$1,7$5<833(5 7+203621 6$1,7$7,21 675,&7
6
1(,*+%25+22'67$1'$5'6
1&,1*72 81,)250 1 33($5$1&(81/(66 33529('1 25'$1&(
7+3'&
7 785(6 72 5.6.<5$7('7+8//872))02817('1
8//872))326,7,21
0$,/9(5<5(48,5(0(176 72 225',1$7('7+3267 2)),&(
ATTACHMENT 5
6 6 FRP
6KHHW 1R
6KHHW 7LWOH
DWH
UFKLWHFWXUH 3
VVXH
6,6
OHYDWLRQV
5H]RQLQJ 5HTXHVW
O
D
F
L
H
U
U
H
H
N
6
6
W
9
U
D
L
Q
V
W
H
V
3
D
U
N
2
6W
9
U
D
L
Q
H
Y
H
O
R
S
P
H
Q
W
V
W
H
V
3
D
U
N
R
OR
U
D
G
R
LJ
7K
R
P
S
V
R
Q
Y
H
6
X
LWH
5
7
7
8
5
3
5,'*(
9*5$'(
7 2
9*522)7
8
1
7
81(QRRQ
GHJ
0$5&+6(37 QRRQ
GHJ
0%(5 QRRQ
GHJ
26(67 251(5
2)6 67 95$,1
1RUWK OHYDWLRQ
6RXWK OHYDWLRQ
DVW OHYDWLRQ
HVW OHYDWLRQ
9$7,21 127(6
OO H[WHULRU OLJKWLQJ WR EH DUN 6N\UDWHG
5RRIV VSKDOW FRPSRVLWLRQ VKLQJOH PDLQ URRIV Z
PHWDO DFFHQW URRIV
6LGLQJ HGDU LEHU HPHQW ODS YHUWLFDO DQG
ERDUG EDWWHQ SDWWHUQV PL[
3RVLWLYH UDLQDJH DZD\IURP EXLOGLQJV WR IROORZ
KLVWRULFDO VLWH GUDLQDJH
LOGILUH 0LWLJDWLRQ GHIHQVLYH VSDFH DURXQG
EXLOGLQJV
ATTACHMENT 6
860 S St Vrain - Neighborhood Meeting Notes
A public meeting regarding the rezone application for 860 S St. Vrain was held on Wednesday, April 10th, at
5:00 pm on-site. Twenty-four citizens signed in attendance. The following is a summary of the discussion:
1. Concerns were raised about wildlife corridors. Citizens questioned the impact of the development on
elk movements. There were worries about the use of the open space to the south by new tenants and its
effect on local wildlife. There was mention of a research study by a university on the open space lot. Paul
Brown suggested it was about cheatgrass, although details were unclear.
2. A citizen expressed concerns that as many as twenty tourist vehicles park on Community Drive and
view elk on the golf course and questioned the potential increased traffic and how it might affect the area.
3. A citizen expressed concern that tourists would use the new street serving the proposed development
and made suggestions for traffic calming measures like signs and speed bumps.
4. Questions were raised about the height of the buildings. The response was they would be two-story,
similar to the existing Trail Ridge apartments located at the SW corner of Community Drive and Hwy 7.
5. Concerns were voiced about pedestrian safety, particularly for children walking to school. The
response was that sidewalks and existing routes, such as the existing Hwy 7 bike path adjacent to the
property, could be used.
6. A citizen stated that two newly built single family dwellings on Hwy 7 “f----- ruined the neighborhood”
7. There were questions about the possibility of obtaining a density bonus for "workforce housing" and
discussions about the affordability of such homes for local workers. Clarification was requested on whether
the project qualified for tax credits; the response being that it was classified as "workforce" in the EPDC.
8. A citizen criticized a nearby large-scale development, and believes it a mistake partly because the
cheapest unit is $1,600 a month which the citizen believes is not affordable. The response was there is a need
for housing in the area and mentioned the ongoing construction of 93 units elsewhere and the estimated need
is approximately 2000 units.
9. Questions were asked about the timeline for the project and the next steps. The response was that the
project was currently under review and the timeframe would depend on the duration of the rezone and
development review processes, and that the next step would involve review by the town board.
10.A citizen asked if there would be stormwater management. The response was stormwater
management would be engineered based on site demands.
ATTACHMENT 7
This document, together with the concepts and recommendations presented herein, as an instrument of service, is intended only for the
specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization from
Kellar Engineering LLC shall be without liability to Kellar Engineering LLC.
Glacier Creek St. Vrain Development
860 S. St. Vrain Avenue, Estes Park, CO
Traffic Memo
KE Job #2024-027
Prepared for:
Glacier Creek Construction Inc.
1191 Graves Ave.
Estes Park, CO 80517
Prepared by:
skellar@kellarengineering.com
970.219.1602 phone
October 22, 2024
Sean K. Kellar, PE, PTOE
ATTACHMENT 8
Glacier Creek St. Vrain - Traffic Memo -Page 2
1.0 Introduction
The purpose of this Traffic Memo is to evaluate the proposed traffic generated by the
proposed Glacier Creek St. Vrain Development project located at 860 S. St. Vrain
Avenue in Estes Park, CO.
2.0 Proposed Development
This Traffic Memo is for the proposed Glacier Creek St. Vrain Development project
located at 860 S. St. Vrain Avenue in Estes Park, CO. The proposed project consists of
10 multi-family (low rise) dwelling units. See Figure 1: Vicinity Map and Figure 2: Site
Plan.
3.0 Trip Generation
Site generated traffic estimates are determined through a process known as trip
generation. Rates and equations are applied to the proposed land use to estimate traffic
generated by the development during a specific time interval. The acknowledged source
for trip generation rates is the Trip Generation Report published by the Institute of
Transportation Engineers (ITE). ITE has established trip generation rates in nationwide
studies of similar land uses. Per the ITE, the proposed project is anticipated to generate
approximately 67 daily trips, 4 AM total peak hour trips, and 5 PM total peak hour trips.
See Table 1: Trip Generation.
Glacier Creek St. Vrain - Traffic Memo -Page 3
Figure 1: Vicinity Map
r
Glacier Creek St. Vrain - Traffic Memo -Page 4
Figure 2: Site Plan (For reference only. Provided by Architect. See Architectural Drawings for more information)
Glacier Creek St. Vrain - Traffic Memo -Page 5
Table 1: Trip Generation (ITE Trip Generation, 11th Edition)
ITE
Code Land Use Average Daily Trips AM Peak Hour Trips PM Peak Hour Trips
Size Rate Total Rate % In In % Out Out Total Rate % In In % Out Out Total
220 Multifamily (Low-Rise) 10 DU 6.74 67 0.40 24% 1 76% 3 4 0.51 63% 3 37% 2 5
Total 67 1 3 4 3 2 5
DU = Dwelling Units
Glacier Creek St. Vrain - Traffic Memo -Page 6
Figure 3: Trip Distribution
Glacier Creek St. Vrain - Traffic Memo -Page 7
Figure 4: Site Generated Traffic
Glacier Creek St. Vrain - Traffic Memo -Page 8
4.0 Findings
Based upon the review of the project’s trip generation and access, it can be determined that the
proposed use is feasible. The site access, proposed land use, and size is appropriate from a traffic
engineering perspective. The project’s site generated traffic is very low (less than 6 peak hour
trips) and the project will not create a negative traffic impact upon the public roadway system. See
Table 1: Trip Generation.
The Highway 7 access point (site access #1) will be designated for emergency vehicle access only
with no public or private vehicular access. Additionally, the auxiliary lane analysis for the study
intersections were conducted using CDOT State Highway Access Code (SHAC). Based upon the
SHAC for NR-B roadways, a left-turn lane with storage length plus taper length is required at an
intersection with a projected peak hour ingress turning volume greater than 25 vph, and a right-turn
deceleration lane with storage length plus taper length is required at an intersection with a
projected peak hour ingress turning volume greater than 50 vph.
Based upon the projected traffic of the development, the State Highway Access Code (SHAC),
additional auxiliary lanes are not required for the project.
Glacier Creek St. Vrain - Traffic Memo -Page 9
APPENDIX:
Glacier Creek St. Vrain - Traffic Memo -Page 10
TIS Base Assumptions (TIS Scoping) Form
Glacier Creek St. Vrain - Traffic Memo -Page 11
Aerial Image
Sean Kellar, PE, PTOE
Principal Engineer
Education
B.S., Civil Engineering, Arizona State
University – Tempe, AZ
Registration
Colorado, Professional Engineer (PE)
Wyoming, Professional Engineer (PE)
Idaho, Professional Engineer (PE)
Arizona, Professional Engineer (PE)
Kansas, Professional Engineer (PE)
Missouri, Professional Engineer (PE)
Professional Traffic Operations Engineer
PTOE)
Professional Memberships
Institute of Transportation Engineers
ITE)
Industry Tenure
25 Years
Sean’s wide range of
expertise includes:
transportation plan-
ning, traffic modeling
roadway design, bike
and pedestrian facili-
ties, traffic impact
studies, traffic signal
warrant analysis, parking studies, corridor planning
and access management. Sean’s experience in both the
private and public sectors; passion for safety and ex-
cellence; and strong communication and collaboration
skills can bring great value to any project. Prior to
starting Kellar Engineering, Sean was employed at the
Missouri Department of Transportation (MoDOT) as
the District Traffic Engineer for the Kansas City
District. Sean also worked for the City of Loveland,
CO for over 10 years as a Senior Civil Engineer
supervising a division of transportation/traffic
engineers. While at the City of Loveland, Sean
managed several capital improvement projects,
presented several projects to the City Council and
Planning Commission in public hearings, and managed
the revisions to the City’s Street Standards. Sean is
also proficient in Highway Capacity Software,
Synchro, PT Vissim, Rodel, GIS, and AutoCAD.
WORK EXPERIENCE:
Kellar Engineering, Principal Engineer/President – January 2016 – Present
Missouri Department of Transportation, District Traffic Engineer, Kansas City District – June
2015 – January 2016
City of Loveland, Colorado, Senior Civil Engineer, Public Works Department – February 2005 –
June 2015
Kirkham Michael Consulting Engineers, Project Manager - February 2004 – February 2005
Dibble and Associates Consulting Engineers, Project Engineer – August 1999 – February 2004
Town Clerk <townclerk@estes.org>
Re: Comments re: Ordinance 01-25 Rezoning of 860 S. St Vrain
1 message
Kirby Hazelton <khazelton@estes.org>Thu, Jan 23, 2025 at 9:50 PM
To: Jeff Robbins <jrobbins2003@gmail.com>
Cc: Town Clerk <TownClerk@estes.org>
Hi Jeff,
Thank you for your comments. Because of the nature of the application process as governed by state law (as you
know), I cannot engage with you on this quasi-judicial issue until it reaches me through the official process. I am
copying Town staff so your comments can be included in the record for this agenda item.
Again, thank you for your input and for your contributions to our community.
Warmly,
Kirby
Kirby Nelson-Hazelton
Town of Estes Park Trustee
khazelton@estes.org
On Thu, Jan 23, 2025 at 2:41 PM Jeff Robbins <jrobbins2003@gmail.com> wrote:
Dear Honorable Mayor and Trustees,
As a planning commissioner and a concerned citizen, I am writing to express my opinion on the proposed change of
zoning for the subject line named upcoming ordinance 01-25 for your consideration.
In my assessment, this proposal aligns with all three benchmarks for approving the rezoning to RM:
1. The Town, County, or other relevant service providers have the capacity to provide adequate services and facilities that
may be required if the application were approved. After consultation with these service providers, there have been no objections
to this proposed rezoning.
2. The development plan, which the proposed amendment to this code would permit, is compatible and consistent with the
policies and intent of the Comprehensive Plan and with existing growth and development patterns in the Estes Valley. The
Comprehensive Plan adopted by the Town Board in 2022 explicitly permits this change. The existing property is located in a
designated “future land use” area (RM) that allows for multi-family residential development. Furthermore, the existing growth and
development patterns in the area, particularly within a quarter-mile radius along both St. Vrain and Community Drive,
predominantly consist of multifamily units. This trend towards multifamily housing emerged in the 1980s and is consistent with the
policies and intent of the Estes Forward Comprehensive Plan.
3. The amendment is necessary to address changes in the affected area. While this benchmark may be more subjective in
nature, it acknowledges the evolving circumstances in the vicinity.
Specifically, the following changes have occurred:
a. The immediate area surrounding the property has experienced significant multifamily development.
b. The Comprehensive Plan adopted by the Town Board in 2022 officially acknowledged the urgent need for (affordable,
attainable, and workforce) housing. The significant transformations our town has undergone over the past three to four decades
of which I have been a resident for 25 years) have made the necessity for attainable housing abundantly evident to anyone who
cares to observe.
When I relocated to this town in 2000, concerns regarding our aging population and the inadequate housing supply
for our local workforce were prevalent topics of discussion. Move forward twenty-five years to today, these concerns
have only intensified, albeit to a more alarming extent. Our town is experiencing a rapid decline, with an average
citizen age exceeding 60 (In 2000, I believe it was 52). As a resident over 60 myself, I am deeply concerned about the
lack of essential personnel, such as health and wellness, maintenance, and law enforcement services, to adequately
care for our citizens and maintain the town’s infrastructure.
While I commend the Town Board and certain private developers for taking substantial steps in recent years to
address these issues, I urge you to include this request for rezoning (01-25) in your accomplishments in this area. We
require more initiatives of this nature from private businesspeople and developers, not to mention encouragement of
same from our town leaders.
Sincerely,
Jeff Robbins
441 Chiquita Lane
Estes Park, CO 80517
PUBLIC COMMENT RECEIVED ON 1/24/2025
Board of Trustees Public Comment
Name: Frank Theis
Stance on Item: For
Agenda Item Title: Ordinance 01-25.
Public Comment:
I support the rezoning of the property at 860 S. St. Vrain for a Townhome development. Putting it in
context, the property is located between the golf course, a dedicated open space owned by the Town, the
State Highway, and a single-family home. It is just north of a large area of apartments and townhomes and
just south of the main commercial corridor. Replacing the existing old single-family house with nice quality
townhomes will not hurt the property value of the single-family house abutting the property. The property is
an attractive location for working people, close to the business district, hospital, schools, and community
center. Chuck Santagati has lived in Estes Park for over thirty years, employed numerous people, raised
his kids here, and built many successful, high-quality projects. If the rezoning is approved and the project
gets built by Glacier Creek, it will be a nice addition to the housing stock in Estes Park. Frank Theis Estes
Park resident and business owner
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.
860 S St. Vrain Town Board Letter
I am strongly opposed to the proposed rezoning of the .98-acre property at 860 S St. Vrain.
There are many compelling reasons to oppose this rezoning, but the fact that the proposal is in
violation of two mandatory requirements our Development Code should stop this development in
its tracks.
1.“The rezoning is necessary to address Changes in Conditions in the area aected.” It is
obvious to any objective observer that there are no changes in condition that justify the
rezoning. The sta report goes through a long discussion that avoids addressing the plain
language of the statute. The sta report change in conditions “justification” statements do
not address true changes in the area. Citing 30 to 40 year old projects as a change of
condition for this current rezoning is absurd. Talking about the entire town’s lack of
aordable housing misses in two ways: one cannot contend that “changes in conditions in
the Area aected” encompasses the entire town, if so, the code provision is meaningless.
Second, the sta discussion consistently uses the lack of “aordable” housing as a change
in conditions. The shortage of aordable housing is nothing new in Estes Park, and
700,000+ housing units are not aordable housing, so why is “aordable” being used in
their discussion?
2.The sta also misses the mark on the second requirement: that the rezoning is in
conformance with the comprehensive plan. The comprehensive plan designates this area
as “mixed use centers and corridors” which this proposed develop does not meet.
In general, the sta report to justify meeting this requirement is poorly argued, using
contorted logic to justify that this application conforms to the comprehensive plan.
Jed Eide
607 Longs Drive, Estes Park
PUBLIC COMMENT RECEIVED ON 1/24/2025
PUBLIC COMMENT RECEIVED ON 1/26/2025
Board of Trustees Public Comment
Name: Karen Randinitis
Stance on Item: For
Agenda Item Title: Ordinance 01-25.
Public Comment:
See attached
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.
Public Comment 860 S St Vrain.pdf 36.95KB
25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting.
I have lived in Estes Park over 20 years and I am writing to strongly support the rezoning of 860
S St Vrain to RM. I would much rather see 10 units built in this location than the alternative if not
passed which most likely would be one giant multi-million dollar home. The developer took the
concerns expressed from the public meetings and has noted steps to mitigation. To address a
few, residents always seem concerned about increased traffic, even after traffic studies have
been conducted. They said the same thing regarding Peak View Apartments and The Prospector
Apartments. I travel Highway 7 daily and I have yet to notice an increase in traffic due to these
builds. Our wildlife continue to find a way to navigate our community with more people and
infrastructure. The adjacent open space offers a natural ROW for deer and elk to make their way
to the golf course. Regarding affordability, lest we forget about the 6E supported workforce rental
assistance program. This is a current initiative and by the time these are built and occupied there
might be other supplemental programs in place like down payment assistance programs. And
finally, I applaud a private developer for addressing our workforce housing crisis. According to the
2023 Housing Needs Assessment (page 66, Figure III-27), 1,903 homes are needed to
accomplish a community goal of home ownership by 2030. This is one style to get the valley
there. This can't all rest on the Estes Park Housing Authority. Both the private and public sector
need to work towards this large goal, one build or redevelopment at a time to help one community
member at a time. In making your decision, remember you have an address and a stable place to
call home…your vote of support will allow others to have the same opportunity.
ATTACHMENT COMMENTS ARE BELOW
PUBLIC COMMENT RECEIVED ON 1/26/2025
Board of Trustees Public Comment
Name: Hannah Fields
Stance on Item: Against
Agenda Item Title: General Public Comment.
Public Comment:
860 S. Saint Vrain rezoning application does not meet 2 of 3 criteria and must be denied! Criteria 1 not
met:There are no changes in condition in the area affected. Workforce housing should be near goods,
services, employers, and there have been no changes to bring these things to this neighborhood to justify
workforce housing here. Criteria 2 focuses on compatibility and consistency is also not met, 18,000 ft.² of
living space and a private road and 20 garage spaces and 10 parking spaces on 0.98 acres is completely
incompatible with surrounding properties and makes absolutely no attempt to transition. This violates every
comprehensive plan provision to ensure compatibility, and also violates comprehensive plan provisions to
reduce automobile, dependency and enhance multimodal transportation. The proposal doesn’t even offer a
simple walking path for the residence to safely access units by any means other than a vehicle. You must
deny!
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 1/26/2025
Board of Trustees Public Comment
Name: David Sendros Dib
Stance on Item: Against
Agenda Item Title: General Public Comment.
Public Comment:
860 S. Saint Vrain application to rezone to RM does not meet criteria and any application not meeting all 3
criteria must be denied. 1st criteria: the change must be necessary to address changes in condition in the
area affected. Generalized housing need in Estes Park does satisfy change in the area affected. There are
no employers, goods, or services in this area that would justify increased housing, especially workforce
housing. 2nd criteria: this proposal is not compatible or consistent with existing growth and development
patterns or the comprehensive plan. These 10 large condos on a tiny lot less than 1 acre with a private
road has no compatibility or transition from surrounding single-family homes and open spaces. Also not
compatible with comprehensive plan Policy BE 5.3 to reduce automobile, dependency, contribute to
connectivity of surrounding neighborhood and multi model transportation. It’s designed to only be accessed
by car. You must deny this application.
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>
Fwd: re-zoning application on 860 S. Saint Vrain Ave Estes Park, CO
Karin Swanlund <kswanlund@estes.org>Mon, Jan 27, 2025 at 8:03 AM
To: Town Clerk <TownClerk@estes.org>
Karin Swanlund
Administrative Assistant | Community Development
Town of Estes Park | 170 MacGregor Ave, Estes Park, CO 80517
970.577.3721 | www.estes.org
Forwarded message ---------
From: 'Cheri McClain' via Planning Forward <planforward@estes.org>
Date: Sun, Jan 26, 2025 at 6:50 PM
Subject: re-zoning application on 860 S. Saint Vrain Ave Estes Park, CO
To: <planning@estes.org>
I am completely against the proposed re-zoning of the ~.92 acres at 860 S. Saint Vrain Ave. this is too small of a lot for
that many units.
1509 Juniper Drive Cheri McClain
How many of us when staring down the giants in life have the courage not only to pray for deliverance but also praise God in
assurance of victory?” -Mark Hart
Town Clerk <townclerk@estes.org>
Rezoning of 860 S Saint Vrain Avenue
1 message
Chris Harris <chris.harris51@outlook.com>Sun, Jan 26, 2025 at 3:05 PM
To: "townclerk@estes.org" <townclerk@estes.org>
Cc: "phornbeck@estes.org" <phornbeck@estes.org>, Chris Harris <chris.harris51@outlook.com>, Cynthia Harris
cynharris2@comcast.net>
I tried to use the Town Board form online to give these comments, but I did not see this agenda item on the
drop -down.
I have attached my thoughts to this email.
My wife and I vote a resounding NO.
Chris Harris
Chris Harris
chris.harris51@outlook.com
615-351-7227
Colorado Rezoning Response.pdf
22K
My family has owned our house on Bailey Lane since 1949. I began
coming to EP in 1954. My wife and I are now the sole owners (third
generation). My wife and I are not entitled to vote in EP, but please be
assured that for the past 75 years our family has paid property taxes,
as well as year-round water, sewer, electricity and other normal
expenses . We have supported local businesses/restaurants and
charities for many years. My wife constantly volunteers at the Guild.
We CARE about EP!
We are permanent residents of Brentwood, Tennessee, a suburb of
Nashville. I am now 73 years old, and retired from the practice of law.
I used to dream of the day that I could retire and spend the summers
in EP. The Estes Park I knew and loved seems to be in jeopardy
because of matters such as this proposed project.
At 1 acre; 10 units; 3 BRs each, assuming 2 people per bedroom this
means that 60 people and their vehicles could be situated on the
property. That is untenable.
The development of other projects in the area already has taken its
toll. The wildlife at our house display aggressiveness and hostility that
did not exist before. If the wildlife no longer come to EP, it will create
a major problem to the local businesses. Tourism is the backbone of
Estes Park, and wildlife attracts tourists.
Hwy 7 is a major entrance corridor to EP. If developments such as the
one in question aren’t stopped, Highway 7 will be nothing more than
an extended housing project. Not a good first impression.
I urge you to vote NO to this rezoning.
ATTACHMENT COMMENTS ARE BELOW
Town Clerk <townclerk@estes.org>
Fwd: Opposition to 860 S. St. Vrain
1 message
Karin Swanlund <kswanlund@estes.org>Mon, Jan 27, 2025 at 2:34 PM
To: Town Clerk <TownClerk@estes.org>
Karin Swanlund
Administrative Assistant | Community Development
Town of Estes Park | 170 MacGregor Ave, Estes Park, CO 80517
970.577.3721 | www.estes.org
Forwarded message ---------
From: Kristine L Poppitz <kjpoppitz@msn.com>
Date: Mon, Jan 27, 2025 at 2:28 PM
Subject: Opposition to 860 S. St. Vrain
To: Community Devleopment <planning@estes.org>
TO: Town Board of Trustees, planning@estes.org
RE: re-zoning applica on on 860 S. Saint Vrain Ave Estes Park, CO.
I am completely against the proposed re-zoning of the ~.94 acres at 860 S. Saint Vrain Ave.
It does not sa sfy two(2) of the three(3) requirements of our Estes Park Development Code and it is not compa ble
with the neighborhood or the comprehensive plan.
First of all, it, in no way sa sfies the need to show changes in condi ons in the areas affected. Ci ng 30-year-old
projects does not work. Lack of affordable housing, in general, also does not apply.
The comprehensive plan speaks to mixed use centers and corridors. Doesn’t adhere to this.
This applica on is a huge “ask” to re-zone and is not even close to being appropriate or in compliance with the Estes
Park Development Code.
James Poppitz
Full me Estes Park Resident
PUBLIC COMMENT RECEIVED ON 1/27/2025
Board of Trustees Public Comment
Name: James Poppitz
Stance on Item: Against
Agenda Item Title: Ordinance 01-25.
Public Comment:
TO: Town Board of Trustees RE: re-zoning application on 860 S. Saint Vrain Ave Estes Park, CO. I am
completely against the proposed re-zoning of the ~.94 acres at 860 S. Saint Vrain Ave. It does not satisfy
two(2) of the three(3) requirements of our Estes Park Development Code and it is not compatible with the
neighborhood or the comprehensive plan. First of all, it, in no way satisfies the need to show changes in
conditions in the areas affected. Citing 30-year-old projects does not work. Lack of affordable housing, in
general, also does not apply. The comprehensive plan speaks to mixed use centers and corridors. Doesn’t
adhere to this. This application is a huge “ask” to re-zone and is not even close to being appropriate or in
compliance with the Estes Park Development Code. James Poppitz Full time Estes Park Resident
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>
Letter Opposing the Re-Zoning of 860 S. St. Vrain Ave.
1 message
Marybeth Schuh <marybeth.schuh@gmail.com>Mon, Jan 27, 2025 at 3:51 PM
To: ghall@estes.org, mcenac@estes.org, bbrown@estes.org, khazelton@estes.org, migel@estes.org, franklancaster@estes.org,
cyounglund@estes.org
Cc: townclerk@estes.org
January 27, 2025
Dear Town of Estes Park Board members:
As a resident of Estes Park, I am writing in OPPOSITION to the re-zoning of the property at 860 S. St. Vrain Ave.
In my reasoning, I would like to echo the comments made by Karl & Karen Kasch in their letter to the Planning Commission dated
November 15, 2024.
Additionally, I would stress that this property sold for approximately $469,000. Arguably already an “affordable” home. In the listing for
this property, the real estate agent marketed it to “first time home buyers”, not to developers, given its zoning as “Estate”. This property
could have sold for much more, had it not been for the current Estate zoning, which limits the number of units that can be built.
Developers know this, and will continue this tactic of buying Estate properties, and then pursuing a zoning change to build as many
units as possible, not for the benefit of the current neighborhood, not for the benefit of affordability, but to maximize their own profits.
Developers also know that they can use the magic words of “affordable” or “workforce” housing in order to bolster their case. I support
affordable housing, but would rather the Town Board approach this issue with a more comprehensive plan, as this piece-meal
approach of rezoning estate properties led by developers does not serve the town or the goal of affordability well.
Also, as many others have noted, this property is utilized regularly by a large number of elk on their route to and from the golf course.
There would be a significant impact to these animals’ ability to cross Hwy 7 if this project were to move forward. It's also typical to see
many tourists in this area to view the elk.
Thank you for your consideration.
Respectfully,
Marybeth Schuh
PUBLIC COMMENT RECEIVED ON 1/27/2025
Board of Trustees Public Comment
Name: Marybeth Schuh
Stance on Item: Against
Agenda Item Title: Ordinance 01-25.
Public Comment:
Please see the attached letter expressing my opposition to the proposed re-zoning of 860 S. St. Vrain Ave.
Earlier today, I emailed this letter to the board, before finding this link to submit public comment. Just want
to make sure my comments land in the right place prior to tomorrow's meeting on this subject. Thank you,
Marybeth Schuh
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.
Letter to Estes Park 860 S St Vrain.pdf 71.93KB
25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting.
January 27, 2025
Dear Town of Estes Park Board members:
As a resident of Estes Park, I am writfng inOPPOSITION to the re-zoning of the property at 860
S. St. Vrain Ave.
In my reasoning, I would like to echo the comments made by Karl & Karen Kasch in their letter
to the Planning Commission dated November 15, 2024.
Additfonally, I would stress that this property sold for approximately $469,000. Arguably already
an “affordable” home. In the listfng for this property, the real estate agent marketed it to “first
tfme home buyers”, not to developers, given its zoning as “Estate”. This property could have
sold for much more, had it not been for the current Estate zoning , which limits the number of
units that can be built. Developers know this, and will contfnue this tact ofbuying Estate
propertfes, and then pursuing a zoning change to build as many units as possible, not for the
benefit of the current neighborhood, not for the benefit of affordability, but to maximize their
own profits. Developers also know that they can use the magic words of “affordable” or
workforce” housing in order to bolster their case. I support affordable housing, but would
rather the Town Board approach this issue with a more comprehensive plan, as this piece -meal
approach of rezoning estate propertfes led by developers does not serve the town or the goal of
affordability well.
Also, this property is utflized regularly bya large number of elk on their route to and from the
golf course. There would be significant impact to these animals’ ability to cross Hwy7 if this
project were to move forward.
Thank you for your consideratfon.
Respectiully,
Marybeth Schuh
PUBLIC COMMENT RECEIVED ON 1/28/2025
Board of Trustees Public Comment
Name: Larry Wilmer Bader
Stance on Item: Against
Agenda Item Title: General Public Comment.
Public Comment:
Opposition to Re-zoning 860 S. St. Vrain Avenue (Hwy 7 and Community Drive) Is the board obligated to
go thru this time-consuming process for every rezoning request regardless of merit? Community drive
quickly became close to my heart thru my commute to and from the community garden where I maintain a
plot. Community Drive is a top attraction for visitors and residence alike, who come to Estes Park to view
the Elk Herds as they gather on the golf course below. It saddens me to think of the loss and damage done
if this rezoning request was to be approved. There’s not much room to get around in this already
constricted space, which makes it a poor site selection for the contractors proposed ambitions. The high-
density housing projects, proposed and already completed, are quickly making a mockery of the peak-to-
peak scenic byway signs posted along the St Vrain, Hwy 7 corridor, as you pass thru town. O give me a
home where the Elk Herds roam. Thank you, Larry Bader 540 Devon Dr
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's Office
More than the required signatures needed are enclosed and are delivered pursuant to C.R.S.
with regards to the upcoming Town Board hearing/meeting for 860 S. St. Vrain Avenue Estes
Park, CO.
Thank you.
r;^,'\r'.'fr''.'."^;int%.''.h:^^!•—.
E^_
JAN 2 7 2025
-UML
//^
We, the undersigned, do hereby protest any re-zoning of the property at 860 S. St. Vrain Ave Estes Park, CO 80517
PRINTED NAME ADDRESS CRY STATE ZIP ^ SlpNATURE
s-Wna^ ^e/Us
\)(^\({ Se^dw y}<
860 &c^<w<\^^
^Q Wi^WM/^
^0)^051^
^rWT
(V^l^ ML^\^ SMW CX:^r^V^^Co
^ ! /'
^i/iH' //I
/^' ^-^r\)6Hi ib'7 /^O^ c"=s%f ^tA: C^<^^
^
^•M xj</i v-Nk_[' ^vn C?SY\ S Qo^,-d ^Wn ^'^ .t^. (^C 3-S\CVc:'^Ub^ ?c^A
^'M
~^
iVv'W\^G\\rY\?r^.^A\J^A &s^A;%^w /ar^^r ^?C^TJ^//^ ^^5/<r/?// Vow
>%,E°"gi:;!t—@'i£fg°-i8
^y'.-L-^E ^ &™!
i AM 9. 7 9n?ti
^J(Ji»?^^'aafcti
We, the undersigned, do hereby protest any re-zoning of the property at 860 S. St. Vrain Ave Estes Park, CO 80517
PRINTED NAME ADDRESS CITY, STATE ZIP ^"~7 SIGNATURE
^<J& (fJd^ft^^^^t^\]^-^<6e& a>^'7
.0^n>a^e—
JAN 2 7 2025
•er
DEPT NAME HEREMemo
To: Honorable Mayor Hall
Board of Trustees
Through: Town Administrator Machalek
From: Jason Damweber, Deputy Town Administrator
Date: January 28, 2025
RE: Resolution 09-25 Supporting the Estes Park Salud Foundation and Salud
Family Health’s Fundraising Efforts to Avoid Closure of the Estes Park
Salud Family Health Center
Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT X RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Consider a Resolution in support of the Salud Foundation and Salud Family Health’s
fundraising efforts to avoid closure of the Estes Park Salud Family Health Center.
Present Situation:
At the January 14 Town Board meeting, the Town Board received an update on the
financial status of the Salud Family Health Center (Salud) located in Estes Park from
Salud Family Health's Executive Director John Santisteven. Director Santisteven shared
that the situation currently faced by the Estes Park Center is dire, noting a projected $1
million operating shortfall that may result in the need to close the clinic as of May 31.
The Estes Park Salud Foundation has expressed a commitment to raise $1 million
annually to support the operations of the Estes Park Center in order to keep the Center
open. At the conclusion of the presentation, the Town Board directed staff to prepare a
resolution indicating support for the continued operation of the Estes Park clinic through
advocacy and encouragement of financial donations from individuals and contributions
from other levels of government.
Proposal:
That the Town Board consider the attached Resolution in support of the Estes Park
Salud Foundation and Salud Family Health’s fundraising efforts to avoid closure of the
Estes Park Salud Family Health Center.
Advantages:
Indicating support for the Estes Park Salud Foundation and Salud Family Health’s
fundraising efforts may help influence/encourage individuals and organizational decision
makers, including those at other levels of government, to consider providing financial
support to avoid closure of the Estes Park Family Health Center.
Disadvantages:
None noted.
Action Recommended:
Approve the attached Resolution
Finance/Resource Impact:
Not applicable
Level of Public Interest
High
Sample Motion:
I move for the approval/denial of Resolution 09-25
Attachments:
1. Resolution 09-25
RESOLUTION 09-25
A RESOLUTION IN SUPPORT OF THE ESTES PARK SALUD
FOUNDATION AND SALUD FAMILY HEALTH’S FUNDRAINING
EFFORTS TO AVOID CLOSURE OF THE ESTES PARK SALUD FAMILY
HEALTH CENTER
WHEREAS, Salud Family Health is a Federally Qualified Health Center (FQHC),
501(c)(3) nonprofit, operating 13 clinic locations, administrative and training site, and a
mobile unit; and
WHEREAS, Salud Family Health provides medical, dental, pharmacy and
behavioral health care services to residents of the Estes Valley; and
WHEREAS, Salud Family Health focuses on low-income, medically underserved
populations as well as the migrant and seasonal population; and
WHEREAS, Salud Family Health accepts Medicaid, Medicare, CHP+, and most
private insurance plans, offering a sliding fee scale based on family size and income, and
has a firm commitment to provide care to all community members regardless of finances,
insurance coverage, or ability to pay; and
WHEREAS, the Estes Park Salud Family Health Center sees over 2,100 patients
per year through more than 6,500 visits; and
WHEREAS, the Estes Park Salud Family Health Center is facing a
funding crisis due in large part to significant cuts in eligibility for Medicaid beneficiaries;
and
WHEREAS, according to Doug Frisbie, the President of the Estes Park Salud
Foundation, flat Congressional funding for the past 12 years coupled with increases in
health care costs—including salaries, equipment, and general inflation—have strained
the clinic’s budget; and
WHEREAS, according to John Santistevan, the President and CEO of Salud
Family Health, if a solution is not found for a projected $1 million operating shortfall, the
Estes Park clinic may close on May 31; and
WHEREAS, the Estes Park Center is one of the smallest of the Salud clinics which
operates with just one and a half medical providers, one behavioral health specialist, one
dentist, and one hygienist, in addition to support staff, and cannot cut staff and still operate
because there would be no one left to provide services; and
WHEREAS, because of the financial situation facing all of the Salud Family Health
Centers due to the Medicaid disenrollment, the larger clinics are not able to divert funds
to help the Estes Park Center as they have in years past.
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
In order to preserve and safeguard the critically important health care services
provided to the Estes Valley community by the Estes Park Salud Family Health Center,
the Town Board encourages those who are able to provide financial support, including
individuals and decision-makers at other levels of government, to do so by making a
donation or otherwise providing funding to the Estes Park Salud Foundation.
DATED this day of , 2025.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Town Clerk <townclerk@estes.org>
PRIVATE HIghlights of Mayor activities since Jan 14 board meeting.
1 message
Gary Hall <ghall@estes.org>Tue, Jan 28, 2025 at 10:33 PM
To: Town Clerk <townclerk@estes.org>, Gary Hall <ghall@estes.org>
Can put in Jan 28 board minutes.
Mayor’s Summit in Denver at CML
Attendance at Larimer County Sheriff annual awards
Met with Eagle Rock admin for update
Attended First Peoples Festival both days
Met with RMNP Superintendent
Met with head of CO Office of New Americans
Toured Fall River Village events center
Citizen & resident discussions about multiple topics
Wrote to state and federal senators and representatives about Salud plight
Met with YMCA Sustainability Director Amy Wolf
Attended LWV forum with YMCA Sustainability Director Amy Wolf
VEP first round of interviews (seven candidates)
BHPC bimonthly meeting, Longview
Virtually attended Larimer County swearing in
Gary M. Hall
Mayor of the Town of Estes Park
Office phone: 970-577-3706
Email: ghall@estes.org