HomeMy WebLinkAboutPACKET Town Board 2014-06-10
The Mission of the Town of Estes Park is to plan and provide reliable,
high-value services for our citizens, visitors, and employees. We take
great pride ensuring and enhancing the quality of life in our community
by being good stewards of public resources and natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, June 10, 2014
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
SWEARING IN. Wesley Reichardt/Code Enforcement Officer.
PROCLAMATION: “Bike to Work, Bike to Play Week June 21-28, 2014.”
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Study Session Minutes dated May 27, 2014 and Town Board Minutes
dated May 27, 2014.
2. Bills.
3. Committee Minutes:
A. Community Development / Community Services, May 22, 2014.
4. Estes Valley Board of Adjustment Minutes dated April 1, 2014 (acknowledgement
only).
2. REPORTS AND DISCUSSION ITEMS:
1. COMMUNITY REPORT. Commissioner Donnelly.
Prepared 06/0214
* Revised:
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
2. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Manager Zurn.
3. ACTION ITEMS:
1. AMENDMENT TO GOOD SAMARITAN ANNEXATION AGREEMENT. Attorney
White and Planner Kleisler.
2. TITLE VI POLICY. Director Williamson.
4. ADJOURN.
Town of Estes Park, Larimer County, Colorado May 27, 2014
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
Rooms 202/203 in said Town of Estes Park on the 27th day of May, 2014.
Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Town Attorney White and
Town Clerk Williamson
Absent: None
Mayor Pinkham called the meeting to order at 4:30 p.m.
TRUSTEE COMMENTS & QUESTIONS.
Trustee Norris questioned the timing of planning issues for the Falcon Ridge
development and if the Board would be considering an action item before review by the
Planning Commission. Administrator Lancaster stated the Board would be considering
an amendment to the annexation agreement approved with the original annexation in
2001 to increase the density on the lot. The amended agreement needs to be in place
prior to the Planning Commission’s review of the development.
Trustee Ericson stated contingency funds for projects should be used to address
fluctuations in material costs, unexpected changes to approved construction design or
additional time to complete work due to unforeseen circumstances such as a flood. Any
redesign of the Event Center using contingency funds should be considered by the full
Board. Board consensus was any significant scope change to a project should be
reviewed by the Board.
FUTURE STUDY SESSION AGENDA ITEMS.
Commercial property and Fish Hatchery property review would be scheduled for July
22, 2014. The Board requested a flood recovery financial update at the next study
session. Mayor Pinkham requested the addition of a discussion on the use of the Town
logo versus the Town seal and the development of a policy.
TOWN SPONSORED PUBLIC FORUMS.
Public meetings, forums, and open houses are often conducted by staff to provide the
public input on issues, to disseminate information, and to discuss potential actions.
Meetings can be initiated by either the Board or the staff depending on the nature of the
discussion.
The Board discussed the item to determine when it would be appropriate for the Board
to approve a forum prior to advertisement. After discussion, the Board agreed a forum
to receive public opinion or information would be sent to the Town Board well in
advance of the meeting be advertised. This would allow the Board to raise any
concerns they may have on holding the forum.
Further discussion was heard over Town Advisory Committees holding forums and/or
taking public comment at their meetings. It was noted that Advisory Committees should
notify the Board of a proposed forum prior to advertising to the public. Additional
concern was raised that holding forums or accepting public comment at Committee
meeting could be perceived by the public their issue is being addressed by the Town or
Town Board Study Session – May 27, 2014 – Page 2
approved by the Committee. Administrator Lancaster suggested the use of forums and
public comments should be discussed further with the Boards and Committees to
understand current practices and add specific language to their bylaws to outline the
practice.
TOWN’S ROLE IN HOUSING ISSUES.
Housing affects the local economy, workforce, local school district and the overall
demographics of the community. Prices for single family homes are higher than the
average in Colorado; however, they are competitive with other mountain destination
communities, but considerably higher than those in the valley or metro area. Availability
of long term rentals is extremely limited which makes it difficult for full-time working
residents and seasonal employees to find housing. The profitability of short term
vacation rentals provides a strong disincentive for owners and developers to provide
long term rentals. This market continues to grow and does not appear to be reaching a
saturation point. The Town’s involvement to date in housing issues has been limited to
density bonuses for qualifying developments and fee waivers in some cases,
particularly for projects of the Estes Park Housing Authority. Staff requested direction
from the Board on what role the Town should have in housing issues including housing
availability for working families and full time professionals, entry level housing for
families, low income housing, seasonal housing, long term rentals, and seasonal
rentals.
Trustee Norris summarized the Town’s efforts as it relates to housing as follows: the
Town has provided financial support to Habitat for Humanity and the Housing Authority;
Town rents housing units to employees; Town owns property that could be developed
for additional housing/affordable housing; Development Code changes could be made
by the Town as it relates to housing; fee waivers for affordable housing developments;
and a PUD process. The areas of high concern for the public tend to be workforce
housing and seasonal housing.
The Board agreed the Town should be a catalyst to bring affected groups (Lodging
Association, Restaurant Association business community, School District, Hospital)
together to discuss housing related issues. Additional data would be needed to
determine the level of need before discussing further.
Eric Blackhurst/Estes Park Housing Authority Chair reviewed the three previous housing
studies conducted in 1990, 1999 and 2008 which all demonstrate a need for additional
affordable housing in the valley ranging from 500 – 900 units over the years.
Employees are unable to find year-round housing, and therefore, are discourage from
making their homes in the valley. He stated housing directly impacts economic
development as businesses need housing for employees including full-time, temporary
and seasonal. The Housing Authority operates and owns approximately 166 rental
units and services approximately 300 families in the valley through other programs such
the Section 8. The Housing Authority does not support the middle income family of 60-
125% of the median income for the county or address seasonal housing. The Housing
Authority has identified barriers such as code issues, ADUs, market rate units and
PUDs.
Mathew Heiser/EPHA Board member stated an effective mechanism to encourage the
development of affordable housing by private developers is through incentives. For
example, developers could receive an increase in the number of market rate units when
affordable or employee units are added to a development. This mechanism would
produce at no cost to the community additional market-rate housing inventory by the
developers.
Board discussion followed and has been summarized: shuttling workers from the valley
does not help the town build a community and would only be a temporary fix; as the
Town is not land-locked in the winter employees would still live in the valley due to the
amenities of a larger community and employment opportunity for spouses; vacation
Town Board Study Session – May 27, 2014 – Page 3
homes are attractive to second homeowners that wish to use their properties and can
make a larger profit than as a long term rental; the Town needs to focus on developing
information on what exists, the needs, and not solutions at this time; the focus should be
to address seasonal housing and year-round housing for the middle income up to
125%; and creating year-round housing for economic development.
Community Development staff would develop a summary for the Board outlining issues,
trends, existing policies, and recommendations from staff on what codes are working
and not working. Administrator Lancaster stated the review of current issues, obstacles,
proposed solutions, barriers, tools that could be used to address housing needs,
statement of problem and next steps would be provided to the Board for the upcoming
Board Retreat.
There being no further business, Mayor Pinkham adjourned the meeting at 6:12 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, May 27, 2014
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 27th day of May, 2014.
Present: William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PRESENTATION.
Col Stan Cass/ CEO & Chairman of the Northern Colorado Honor Flight Board and Bill
Becker/Board member presented a plaque to Bob Brunson, Verne Mertz, and Gary
Brown for their efforts in raising funds to cover the cost of flying veterans to Washington
DC to view the war memorials.
PUBLIC COMMENTS.
Marie Steinbrecher/Town citizen thanked Community Development staff members Will
Birchfield and Alison Chilcott for their response during the recent spring runoff flooding
near the Elkhorn stables and her residence. She requested aid from the Town in
addressing the berm built along the river on the Elkhorn Lodge property causing
flooding on her property and house.
TRUSTEE COMMENTS.
Trustee Ericson stated the Transportation Advisory Committee held their monthly
meeting and discussed bike lanes in relation to the FLAP realignment and downtown
parking.
Trustee Nelson reviewed items discussed at the May meeting of the Larimer County
Open Lands Advisory Board, including a report on the open lands sales tax and the
continuation of the tax. The report outlined community support of the extension of the
tax, tax performance and projection scenarios, and use of the tax for purchase of
additional open space or management of existing properties. The distribution of the tax
to the communities may change as well with more funds being allocated to Larimer
County. A genetically pure bison heard would be introduced to Red Mountain open
space.
Trustee Phipps reviewed issues discussed at the recent Planning Commission meeting
including the new building at the Comfort Inn and the associated drainage issues,
Comprehensive Plan update continues to progress, and the continuation of the Fall
River master plan.
Trustee Norris stated the Public Safety, Utilities and Public Works Committee would
meet on Thursday, June 12, 2014 at 8:00 a.m. in the Board Room. The Bear Education
Task Force has received five sponsors for additional bear resistant/recycling cans. Visit
Board of Trustees – May 27, 2014 – Page 2
Estes Park has completed its annual report that can be accessed on their website.
Their next meeting would be held on June 17, 2014 at 2:00 p.m.
TOWN ADMINISTRATOR REPORT.
Director Chilcott provided an overview of the mitigation activities taking place to address
spring runoff along the Fall River corridor: removal of sediment in the area where
capacity was lost, addressing code compliance with properties completing work without
permits, and evaluating risks for both public and private properties. Staff continues to
evaluate both Fall River and Fish Creek corridors and develop a master plan to return
resiliency to the rivers and mitigate future risk. Staff has been successful at identifying
grant funds and would continue to identify additional funding resources.
Chief Building Official and Flood Plain Manager Birchfield reviewed the storm that
caused the flooding in September 2013 stating the storm ranged from a 5 year event to
a 5 times a 100 year event in areas such as the Fish Creek corridor. After an event of
this magnitude the flood plain maps and data must be updated. Once the Town has
new data staff would develop policy to manage risk for the Board to review and
approve. The data would be developed over time with the first data to be available in
the next four to six weeks for Fish Creek.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 13, 2014 and Town Board Study Session
Minutes dated May 13, 2014.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works, May 8, 2014:
4. Tree Board Minutes dated April 17, 2014 (acknowledgement only).
5. Renewal – Investment Advisory Agreement with Cutwater Investor Service
Corp.
6. Appointment of Trustees Nelson and Norris to the Parks Advisory Board
Interview Team.
Trustee Norris removed Consent Item 1.6 as an action item. It was moved and
seconded (Koenig/Phipps) to approve the Consent Agenda Items 1.1 – 1.5, and it
passed unanimously.
Consent Item 1.6 – It was moved and seconded (Norris/Phipps) to approve the
appointment of Trustee Norris and Trustee Holcomb to the Parks Advisory Board
interview team, and it passed unanimously.
2. REPORT AND DISCUSSION ITEMS (Outside Entities):
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Baker
stated work would begin on repairing roadways, trails and other infrastructure
throughout the park damaged by the September flood. Repairs are anticipated
to be complete along the Fall River corridor this year but could be hindered by
weather. The repairs completed to the Lily Lake spillway prior to the flood
allowed the dam to perform as designed. The Bear Lake Road has been
completed and an official ribbon cutting would be held. 2014 Park visitation is
up over last year. The Park signed a sister park partnership with Monteverde,
Costa Rica for bird migration. The Fire management division of the Park
received a reprieve from significant budget cuts and remains at current staffing
levels for the next two years. The Park received a grant to provided assistant
with the Bear Education Task Force efforts. The Park shuttle fleet has gone
Board of Trustees – May 27, 2014 – Page 3
green with the addition of hybrid busses and all other fleet vehicles retrofitted to
reduce emissions. Work continues on the multi-use trail with the environmental
assessment due by the end of the year.
Chuck Levine/Town Centennial representative and Barbara Scott/Park Event
Coordinator provided a quarterly update on the Park’s Centennial celebration.
2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or
staff for Town Board Final Action.
1. CONSENT ITEMS:
A. FINAL SUBDIVISION PLAT, Mountain River Townhomes, Tract 6,
Beaver Point 1st Addition; 650 Moraine Avenue; Dallman
Construction/Applicant.
It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda with
the Planning Commission recommendations, and it passed unanimously.
4. ACTION ITEMS:
1. RESOLUTION #12-14 TO ESTABLISH THE PARKS ADVISORY BOARD.
The resolution would establish a Parks Advisory Board replacing the Tree
Board. This new Board would expand its responsibilities to include the care
of trees in town limits, draft a tree care ordinance required by Tree City USA,
organize and support Arbor Day observance, organize and conduct
community forestry programs, review and advice the Town Board on public
art, memorials, donations, permanent installations, and locations for art, and
provide information related to invasive plants, noxious weeds and pest
control, support educational programs at the schools. The new Board would
continue to meet the requirements of Tree City USA. It was moved and
seconded (Koenig/Holcomb) to approve Resolution #12-14 to establish
the Parks Advisory Board, and it passed unanimously.
2. RESOLUTION # 13-14 INTERGOVERNMENTAL AGREEMENT BETWEEN
THE STATE OF COLORADO AND THE TOWN OF ESTES PARK FOR THE
VISITOR CENTER PARKING GARAGE FUNDING. The Town has received
grant funding of $3.2 million from the Paul Sarbanes Transit in the Parks
program for the design and construction of a parking and transit structure
located at the Visitor Center. The Town also received State funds from
Congestion Mitigation Air Quality (CMAQ) and Funding Advancement for
Surface Transportation and Economic Recovery (FASTER) grants. In order
to receive the State grant funds the Town must approve and enter into an
Intergovernmental Agreement (IGA) with the State of Colorado. Resolution
#13-14 would accept the State grant funds, allocate Town matching funds
and approve the IGA. It was moved and seconded (Norris/Phipps) to
approve Resolution #13-14 and the Intergovernmental Agreement
between the Town of Estes Park and the State of Colorado, accept
CMAQ and FASTER funds to be used for the design and construction of
the Estes Park Visitor Center Transit Parking Structure, and provide
matching Town funds, and it passed unanimously.
3. DESIGN SERVICES CONTRACT WITH RG AND ASSOCIATES LLC FOR
FLOOD REPAIR PROJECTS. Project Manager Zurn presented a consulting
agreement with RG Associates LLC to design and perform project oversight
on 28 flood damaged sites throughout Estes Park. Funding for the
improvements would be covered by FEMA and FHWA. Bids were solicited in
compliance with regulations outlined by the entities to ensure reimbursement
of costs. RG and Associates was identified by staff as the most qualified firm
to complete the work. The rates and estimated hours required to complete
the work were negotiated. After further discussion, it was moved and
Board of Trustees – May 27, 2014 – Page 4
seconded (Koenig/Holcomb) to approve a consulting agreement with RG
and Associates LLC to design and provide construction oversight of
flood related restoration damages throughout the Town of Estes Park
for a not to exceed cost of $565,365, and it passed unanimously.
4. REPORTS AND DISCUSSION ITEMS:
1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE.
The Event Center construction continues to progress with main interior finishes
being completed, including painting, drywall, overhead doors, man doors, and
glass. The delivery of the Event Center would be delayed by 14 weeks with the
addition of a second story to the silo. The architect and contractor are
proceeding with a bid to complete the second story. The Board questioned if
the addition of a second story would be the best and highest need for the
center. Trustee Ericson also questioned the use of contingency funds for the
change and stated the additional work should be approved by the Board. The
Board requested the second story addition come forward for the Board’s
consideration.
2. 1ST QUARTER SALES TAX AND FINANCIALS THROUGH APRIL.
Finance Officer McFarland reviewed the 1st quarter sales tax and financial
report stating sales tax is up 5.7% over 2013 and 16% ahead of 2014 budget.
General fund expenditures are ahead of budget due largely in part to flood
recovery efforts, including Town Hall mitigation and Fall River exigent work.
Staff continues to operate conservatively during the flood recovery and would
maintain the bulk of the Town’s investment portfolio in cash. Lodging continues
to lead all categories in sales tax revenues and is 12% ahead of 2013. Other
categories such as food, retail, construction, and utilities are also 4-7% ahead
of 2014. An overview of the current flood reimbursement status was provided,
including an estimated $5.2 million in expenses, $76,780 in reimbursements
from FEMA/State, and NRCS expenses of $1 million.
3. MANUFACTURING OF MICRO CRAFT LIQUORS UPDATE.
Planner Kleisler provided an update on the proposed amendments to the Estes
Park Development Code to allow micro-breweries, wineries or distilleries within
the Estes Valley as a principle use in appropriate zoning districts. Staff
presented three options: Option #1 – Micro allowed in CD and CO districts with
15,000 sq. ft. and taproom/tasting room or Commercial allowed in CH and I-1
with 15,000 sq. ft. limit in CH and tasting room up to 30% floor area or 1,000 sq
ft. whichever is greater; Option #2 - Micro allowed in CD and CO districts with
15,000 sq. ft., taproom/tasting room and limit production and/or off site sales in
the CD or Commercial remains the same as Option #1; and Option #3 – Allow
Micro only as listed in Option #1 and prohibit Commercial. Town Board
direction would be used to draft proposed amendments for consideration by the
Planning Commission at their regular meeting on June 17, 2014 and review by
the Town Board and County Commissioners in July.
Board discussion was heard and has been summarized: discussed number of
barrels produced versus square footage of the business in limiting size of the
facility; questioned if the Fire District would have concern over the location of
the businesses; suggested tasting size limits be included in the code language;
define each type of business, i.e. brewery, distillery, winery, etc.; Trustee
Phipps requested an additional study session on the issue prior to moving the
complicated issue forward for Planning Commission review; the item should
move forward utilizing the information already developed by other communities;
no concerns with possible odor; and would like to address possible noise from
activities such as canning.
It was moved and seconded (Phipps/Norris) to extend the meeting to no
later than 10:00 p.m., and it passed unanimously.
Board of Trustees – May 27, 2014 – Page 5
After further discussion the Board consensus was to use square footage to limit
the operations, address both commercial and micro businesses, no odor
regulations, and code language to be flexible and not overly restrictive. Staff
would produce two ordinances with one addressing conventional commercial
businesses and the other to address micro businesses.
Whereupon Mayor Pinkham adjourned the meeting at 10:06 p.m..
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, May 22, 2014
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
22nd day of May, 2014.
Committee: Chair Ericson, Trustees Holcomb and Phipps
Attending: Chair Ericson, Trustees Holcomb and Phipps
Also Attending: Town Administrator Lancaster, Directors Chilcott and
Winslow, Special Event Coordinator Jacobson, and Deputy
Town Clerk Deats
Absent: None
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
None.
COMMUNITY SERVICES DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
May Events Report –
o Coordinator Jacobson introduced the newest addition to the Special
Events staff. Jaclyn Schulte is a seasonal Special Events employee who
will be working during the summer season and cross-training in sales and
marketing, operations, and visitor services to get an introduction to the
entire “events” industry. Jaclyn is originally from Casper, Wyoming and is
a recent graduate of the University of Northern Colorado.
o Jazz Fest – Approximately 1140 people attended the event on May 17-18,
2014, which is a slight decrease from 2013. The event highlights some of
the finest musicians across the nation, with this year’s headliner being Sax
Appeal: New York Saxophone Legends. A new addition to this year’s
event was the inclusion of wine sales from Snowy Peaks Winery and
Turquoise Mesa Winery. Coordinator Jacobson noted that the Five Points
Jazz Festival in Denver takes place on the same weekend as Jazz Fest
here in Estes Park. She suggested that a discussion take place related to
possibly moving the event from May to August to be held in conjunction
with Plein Air of the Rockies and the Art Walk so as to not be in direct
competition with the Five Points Festival. She noted that next year is the
25th anniversary of Jazz Fest and may present a good time to make some
changes to the event. She also noted that if the date of Jazz Fest was
changed, another event would be scheduled and developed for the third
weekend in May timeframe. There was no data available as to how many
of the event attendees may have stayed overnight in area lodging
facilities. Director Winslow will provide an event report at the June CDCS
meeting that will include a profit and loss statement that can be used to
evaluate whether the cost of the event justifies the return from the festival.
Chair Ericson asked that future monthly Events Reports include
information about events that have taken place as well as upcoming
events.
Verbal Updates –
o Both the Wool Market and the Dressage Horse Show will be using the
new pavilion and staff is anxious to obtain reaction from participants
regarding the new facility. Operations staff has installed 800 floor mats in
preparation for the events. The May Dressage Show is an added show
this year; the second Dressage Horse Show will be held in August.
Community Development / Community Services – May 22, 2014 – Page 2
Director Winslow said that one of the participants is #1 in the United
States in dressage and her horse is #6 in the world and suggested that
PIO Rusch write a press release related to the high caliber of participants
and stock utilizing the new facilities.
o Art Market will be held in Bond Park on Memorial Day weekend.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Flood Recovery Update – Director Chilcott reported that most of the short-term work
that was planned to be finished prior to spring run-off has been completed.
These projects were primarily funded through FEMA and the Natural Resources
Conservation Services, Inc., (NRCS) and included sediment removal upstream of
downtown to protect properties at risk from localized flooding; sediment removal
in the Brook Court area of Fish Creek; and emergency watershed protection,
bank restoration, and repair in areas where homes were undermined by flood
waters. Work at exigent sites along Fall River is wrapping up, with work
continuing along Fish Creek near the Stone Bridge development and Brook
Court. Due to the sandy conditions along Fish Creek the channel continues to
move. Construction of check dams to slow the water flow are being considered
to lessen the potential for further channel migration.
Stakeholder advisory committees have been formed related to long-term and
master planning for the Fall River and Fish Creek corridors. Members include
representatives from the Downtown Business Association, Estes Valley Land
Trust (EVLT), Estes Valley Recreation and Park District (EVRPD), Upper
Thompson Sanitation District (UTSD), Larimer County Floodplain Manager, and
the Larimer County Community Development Director. In addition, staff plans to
reach out to members of local bird groups and area residents to receive input.
Meetings are scheduled to begin in June.
Staff continues to seek funding for disaster recovery and hazard mitigation
projects to protect and mitigate risk along Fall River and subsequently the
downtown core area. Information is being gathered from business owners
related to economic loss and structural damage to support grant applications.
Applications for funding are being submitted to both public and private entities.
Floodplain Manager Birchfield noted that in November 2013, the Town Board
adopted the high water mark from the September flood as the regulatory
floodplain. This more restrictive floodplain has allowed for repairs and
development to continue, causing minor increases to construction expenses
related to additional engineering and surveying work. However, the additional
expense provides reasonable assurance that work will be in compliance with
future regulations. He said the old floodplain maps previously used by FEMA
were developed in the 1970s and are no longer accurate enough to be used to
protect life and property and said it will take some time to study, evaluate, and
collect data for the development of new floodplain maps. As master planning
moves forward, information for the different drainages is compiled, and risk levels
are prioritized, staff will come forward to report to the Board and seek direction.
He added that new floodplain maps will not be adopted by FEMA and/or the
Town without public hearings, public input and discussion, and the approval of
elected officials.
Asked about the amount of time staff is spending on flood recovery and
floodplain management, Director Chilcott estimated that 80% to 90% of her time;
and 95% of Floodplain Manager Birchfield’s time, is dedicated to flood-related
matters. The remaining Community Development staff members are devoted to
the day-to-day operations of the department. Additional personnel will be added
Community Development / Community Services – May 22, 2014 – Page 3
as needed to get the job done.
Town Administrator Lancaster commended Community Development staff for
their work related to the flood, and Christy Crosser for her work on flood-related
FEMA reimbursements. He reported that to date, the Town has received
approximately $120,000 in reimbursements for the initial emergency response to
the flood. Additional funds will be reimbursed as projects are completed. He
said he is keeping a close eye on the budget and cash flow. Town Administrator
Lancaster said paving of Fish Creek Road and crossings over Fish Creek will not
be completed until infrastructure repairs are finalized. He said making temporary
repairs that will ultimately be torn out is not a good investment, and no funds are
budgeted for that purpose. He said the infrastructure repairs along Fish Creek
are scheduled to be completed by late 2015, with permanent road repairs to
follow. He said residents need to be patient while repair work continues and is
completed. Repairs and repaving of Community Drive will be handled at the
federal level, however, the road will be maintained and graded in the meantime.
Asked about plans for removing sediment and debris from Lake Estes and the
Fish Creek arm, Town Administrator Lancaster said that is under the Bureau of
Reclamation’s (BOR) purview and that the BOR has stated that there are no
plans for work in that area as it does not affect their operations. He said that
upon direction from the full Town Board a letter could be sent to the BOR to
request that this area be cleaned up as it is not aesthetically pleasing and poses
a risk for the growth of noxious weeds.
The Committee requested that Director Chilcott provide a flood update to the full
Board at the upcoming Town Board meeting. The update will be included with
the Town Administrator’s Report.
Verbal Updates –
o Falcon Ridge – the Estes Park Housing Authority has requested a fee
waiver for building permit and development fees for a proposed attainable
housing project on Lot 4, Good Samaritan Subdivision. The fee waiver
request is tentatively scheduled to come before the CDCS Committee on
June 26th, and the Town Board on July 22nd. An annexation agreement
exists for this property that describes the maximum allowed density.
Although the proposed development has similar density, a revision of this
agreement may be necessary related to the number of allowed units.
o Estes Park Medical Center – a fee waiver request may be coming forward
for the proposed north parking structure.
o Craft Wine, Beer, Spirits – a report on this topic is scheduled for the Town
Board meeting on May 27, 2014, at which time the Board may provide
feedback and direction to staff. The topic is scheduled to be discussed by
the EVPC at their June meeting and move forward to the Town Board in
July. Trustee Phipps suggested that a Town Board Study Session be held
on the topic. Staff recommended that a joint meeting of the EVPC and the
Town Board be scheduled to discuss changes to the Estes Valley
Development Code related to the manufacturing of craft liquors and any
ramifications that might occur from the adoption of these changes. The
Committee also proposed scheduling a special study session to discuss
attainable housing, depending upon the outcome of the discussion
regarding the Town’s role in housing at the Town Board Study Session
scheduled for May 27, 2014.
There being no further business, Chair Ericson adjourned the meeting at 9:15 a.m.
Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS
Regular Meeting of the Estes Valley Board of Adjustment
April 1, 2014 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair John Lynch, Vice-Chair Jeff Moreau, Members Bob McCreery,
Wayne Newsom, and Pete Smith; Alternate Member Chris Christian
Attending: Chair Lynch, Members McCreery, Moreau and Newsom
Also Attending: Senior Planner Shirk, Planner Kleisler, Recording Secretary Thompson
Absent: Member Smith
Member Lynch called the meeting to order at 9:00 a.m. There was a quorum in
attendance. He introduced the Board members and staff.
The following minutes reflect the order of the agenda and not necessarily the chronological
sequence. There were three people in attendance.
1. PUBLIC COMMENT
None.
2. CONSENT
Approval of minutes of the February 4, 2014 meeting.
It was moved and seconded (McCreery/Newsom) to approve the Consent Agenda as
presented and the motion passed 3-0, with one absent and Moreau not voting.
3. TRACT 61A OF THE AMENDED PLAT OF TRACTS 59, 61, 62 & 63, FALL RIVER
ADDITION, 1350 Fall River Road
Planner Kleisler reviewed the staff report. The applicant is Nick Kane, owner of Nicky’s
Restaurant. The request is for variances from the following: 1) EVDC Section 6.3.C.2
which requires a variance for extensions of nonconforming structures; and 2) EVDC
Section 7.6.E.1.a(2)(b) which requires all buildings and accessory structures be set back
thirty (30) feet from the annual high-water mark of river corridors or, if not readily
discernible, from the defined bank of the river. The applicant requests to complete
structural repairs and raise the existing deck which was damaged in the September, 2013
flood.
Planner Kleisler stated the applicant applied for a building permit to repair and raise the
deck. Raising the deck would bring it level with an existing adjacent bridge and make it
level with other existing deck areas. The applicant has been working with the Division of
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
April 1, 2014
Building Safety for permits and necessary floodplain documentation. The applicant
requests to extend the deck slightly on the northeast corner to make it easier to raise it by
the proposed fourteen (14) inches.
Planner Kleisler stated the application was routed to affected agencies and adjacent
property owners. No significant concerns relating to public services were expressed. The
deck is located within the regulatory floodplain, with one pier located in Fall River. Staff
determined the essential character of the neighborhood would not be substantially altered
with the approval of this variance, and the variance was not substantial. Raising the deck
would provide greater clearance during high water. He stated the applicant has worked
with the Town’s Chief Building Official/Floodplain Manager to ensure compliance with
floodplain regulations. Planner Kleisler stated the deck could be repaired within one year
of the event, according to the nonconforming guidelines. However, the variance is
required due to the river setback regulations. Floodplain Manager Will Birchfield has
approved a temporary floodplain permit for the work, dependent on the variance approval.
Public Comment
Thomas Beck/applicant representative stated they are trying to repair the existing deck.
The existing deck, being lower than the bridge, caught a lot of debris and caused
backflow into the parking lot and adjacent properties downstream. The existing railing
would be replaced to meet current building codes. He stated the small expansion is a
matter of convenience for construction, so all the joists would be the same size. The
original deck was built after the Lawn Lake Flood in 1982. This was prior to the river
setback requirement of thirty feet, which was adopted in 2000.
Warren Clinton/Town resident stated he owns property immediately west of Nicky’s. Mr.
Clinton stated there is a sewer line extending above the river that also caught a lot of
flood debris. Several large trees cleared the sewer line and the bottom of the deck, but
one was caught under the deck. He was supportive of the variance request.
Will Birchfield, Chief building Official and Town Floodplain Manager stated staff supported
raising the deck, and it would be a definite improvement.
Member and Staff Discussion
Planner Kleisler stated staff recommended approval of the two variance requests with
conditions listed below.
Conditions
1. Compliance with the approved site plan; and
2. Note the high water marks from the 2013 flood on the building permit submittal for the
deck remodel.
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
April 1, 2014
It was moved and seconded (Newsom/Moreau) to approve the variance requests
with the findings and conditions recommended by staff and the motion passed
unanimously with one absent.
4. REPORTS
a. Planner Kleisler reported there will be a meeting in May to review variance requests
for a residence at 1337 Clara Drive, and the Estes Park Transit Facility & Parking
Structure.
b. Planner Kleisler introduced Wesley Reichardt, the new full-time code compliance
officer. Mr. Reichardt is a long-time Estes Park resident and looks forward to the new
position.
c. Member McCreery reported his term on the Board expires June 30, 2014, and he will
not be seeking reappointment. He has served on the Board for several years and it
has been a rewarding experience.
There being no other business before Board, the meeting was adjourned at 9:23 a.m.
___________________________________
John Lynch, Chair
__________________________________
Karen Thompson, Recording Secretary
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE Special Projects Manager
Date: June 10, 2014
RE: Event Center & Pavilion Construction Update
Objective:
To update the Town Board and public on the progress of the MPEC and Pavilion project
at the Stanley Fairgrounds.
Present Situation:
The MPEC main floor area is nearing completion and was utilized for the wool market
event. A special thanks to all the agencies including The Fire District and the State
Electrical Inspectors that worked with Dohn Construction and the Town to utilize the
main floor area that is not quite complete. Main bathrooms are receiving final finishes
this week like tile floors and soon final toilet partitions. A final determination on the silo
structure has been recommended. It has been decided by the design team and Town
staff that raising the silo approximately 4 feet would result in a better aesthetic and a
much more durable roofing situation as the agriculture silo roof interacts with the
standing seam metal roof deck. Town staff is working with community development
Department to determine what approvals are necessary to raise the silo height. Ongoing
items such as painting, drywall, overhead doors, man doors and glass are work items
underway and being completed.
Exterior flatwork is nearing completion and the Pavilion landscaping is wrapping up
around the project. Landscaping improvements will begin soon at the MPEC.
Again as mentioned before the Public Works Parks Division is designing and installing
the landscaping in-house.
The delivery date for occupancy of the MPEC main event space has occurred and the
additional height and addition of the second floor in the Silo is expected to add 14
weeks to the completion of the office areas.
Budget:
Community Reinvestment Fund - $5,682,050. The project remains within budget.
Level of Public Interest
This project has a very high level of public interest.
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Phil Kleisler, Planner I/Code Compliance Officer
Date: June 10, 2014
RE: Amendment to Good Samaritan Annexation Agreement
Objective:
Consideration of a request by the Housing Authority to amend an Annexation
Agreement between the Town of Estes Park and The Evangelical Lutheran Good
Samaritan Society.
Present Situation:
The Estes Park Town Board of Trustees unanimously approved the Good Samaritan
Annexation Agreement (“Agreement”), annexation, rezoning and preliminary plat on
October 23, 2001. The subdivision has been built out with the exception of Lot 4. The
original Annexation Agreement limited the combined density on Lots 3 and 4 to 92 units
(10 units per acre). This request is to amend the Agreement to allow for a combined
density of 110 units, the maximum allowed when utilizing the Estes Valley Development
Code Attainable Housing Density Bonus (or 12 units per acre).
This request is part of a larger development application package, which includes:
1. Development Plan: Development of 66 attainable housing units on Lot 4. The
Estes Valley Planning Commission is the Decision-making body for the
development plan and is scheduled to review it at their June 17, 2014 meeting;
2. Subdivision: Subdivision of Lot 4 into two lots, which will represent two separate
phases of the project. The Town Board is the Decision-making body for this
component of the application. The Board will review this subdivision, along with
the Planning Commission’s recommendation, at the July 22, 2014 meeting;
3. Fee Waiver Request: The applicant, the Housing Authority, has requested a fee
waiver for application fees. The Town Board of the Decision-making body for this
request. The Board will consider this request, along with the Community
Services/Community Development Committee’s recommendation, at the July 22,
2014 meeting.
4. Annexation Agreement: The Town Board will consider an amendment to the
Density Limitations
Section 27(g)(3) of the Agreement allows for a maximum development of 92 multi-family
units on Lots 3 and 4. Forty-four (44) multi-family units have been constructed on Lot 3
as the Talons Points Project by the Housing Authority (12 units per acre).
Lot 4 was established as 5.473 acres, which would allow for a maximum of 44 units.
The 2001 development plan approved with the Annexation Agreement proposed 44
units. According to the Estes Park Housing Authority, the project was tabled due to a
downturn in the economy. Since this time the need for attainable housing in the Estes
Valley has continued to rise.
The Housing Authority would like to utilize the Estes Valley Development Code
Attainable Housing Density Bonus (§11.4), which will bring the density on Lot 4 from the
original 44 units to the now proposed 66 units (or 12 units per acre).
Vesting Period
Section 28(c) of the Agreement states that “Development shall be completed on each of
Lots 1, 2, 3, and 4 within 10 years of the effective date (the “Vesting Period”)”. Section
27(g) of the Agreement further states that the Town may rezone any undeveloped
properties to RE-1 Rural Estate after ten (10) years. The Town has not exercised that
right to rezone any properties, leaving the current zoning of Lots 3 and 4 as RM Multi-
family. This request is to extend the vesting period for to fifteen (15) years from the
date of this amendment.
Proposal:
The Town Attorney has provided an amendment to the Annexation Agreement for Town
Board consideration. The amendment will allow:
A maximum of 66 attainable housing units on Lot 4, which is the density
proposed by the Falcon Ridge Development Plan; and
Extend the Vesting Period to allow for both phases of the Falcon Ridge
Development Plan.
Advantages:
Allows for development on Lot 4 to utilize the Attainable Housing Density Bonus.
The intent of the Estes Valley Development Code Attainable Housing Density
Bonus is to create an incentive to provide a variety of attainable housing for
persons living and/or working in the Estes Valley.
Disadvantages:
Increases the density beyond what was originally contemplated.
Action Recommended:
Consideration of the proposed First Amendment to Annexation Agreement.
Budget:
Legal and publication fees are minimal.
Level of Public Interest:
As of June 5, 2014, staff has received one written public comment opposed to the
proposed amendment (attached).
Sample Motion:
I move for the approval/denial of the proposed First Amendment to Annexation
Agreement.
Attachments:
1. First Amendment to Annexation Agreement
2. Annexation Agreement dated October 23, 2001
3. Good Samaritan Land Uses
4. Public Comment
FIRST AMENDMENT TO ANNEXATION AGREEMENT
THIS AGREEMENT is effective the day of _______________ 2014,
by and between the Estes Park Housing Authority, a Colorado housing authority,
hereinafter referred to as the “Housing Authority” and the Town of Estes Park, a
municipal corporation of the State of Colorado, hereinafter referred to as the “Town”.
WITNESSETH:
WHEREAS, the Evangelical Lutheran Good Samaritan Society and the Town
entered into an Annexation Agreement effective the 23rd day of October, 2001,
hereinafter referred to as the “Annexation Agreement”; and
WHEREAS, the Annexation Agreement addressed development of the property
subject to the Annexation Agreement including development of Lot 3 and Lot 4 of the
Good Samaritan Subdivision Plat, hereinafter referred to as “Lot 3 and/or Lot 4”; and
WHEREAS, following the effective date of the Annexation Agreement, the
Housing Authority purchased Lot 3 and Lot 4 from the Evangelical Lutheran Good
Samaritan Society; and
WHEREAS, the Housing Authority developed its Talons Pointe Project on Lot 3;
and
WHEREAS, the Housing Authority is in the process of designing and, if
approved, financing and constructing a multi-family attainable housing project on Lot 4
known as Falcon Ridge; and
WHEREAS, Section 27 of the Annexation Agreement limits development on Lot
3 and Lot 4 to a total of 92 multi-family attainable housing units; and
WHEREAS, the Housing Authority’s Talons Pointe Project on Lot 3 has 44 multi-
family attainable housing units; and
WHEREAS, the Housing Authority has determined in order to develop and
finance a multi-family attainable housing project on Lot 4, it is necessary to have a
density of 66 multi-family attainable units; and
WHEREAS, the Housing Authority has filed land use applications for its Falcon
Ridge Project with the Town’s Community Development Department for a multi-family
attainable housing project totaling 66 multi-family attainable housing units on Lot 4; and
2
WHEREAS, in order for the Housing Authority to design, finance, construct, and
operate the proposed Falcon Ridge Project on Lot 4, it is necessary to amend Section
27(g)(3) of the Annexation Agreement; and
WHERAS, Section 27(h) and Section 28(c) of the Annexation Agreement
provide a timeline for development of Lot 4 and established a ten year vesting period for
development of Lot 4; and
WHEREAS, it is necessary to amend Section 28(c) of the Annexation Agreement
to allow development of the Falcon Ridge Project on Lot 4 as proposed by the Housing
Authority; and
WHEREAS, pursuant to the applicable provisions of the Estes Valley
Development Code, sixty-six (66) multi-family attainable housing units plus associated
facilities may be constructed on Lot 4; and
WHEREAS, the Housing Authority has the legal authority to enter into this First
Amendment to the Annexation Agreement relating to Lot 3 and Lot 4 pursuant to the
applicable provisions of the Annexation Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES, IT IS
AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Section 27(g)(3) of the Annexation Agreement shall be amended to read
as follows:
(3) Lot 4. Sixty-six (66) multi-family attainable housing units including a
clubhouse and other appurtenant structures shall be allowed on Lot 4.
2. Section 28(c) of the Annexation Agreement shall be amended to read as
follows:
(c) Development on Lot 4 shall be completed within fifteen (15) years of
the effective date of this First Amendment to Annexation Agreement (the
vesting period).
3. All of the other terms and conditions of the Annexation Agreement not
amended herein shall remain in full force and effect.
3
ESTES PARKHOUSING AUTHORITY
By: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing FIRST AMENDMENT TO ANNEXATION AGREEMENT was acknowledged
before me this ______ day of ______________, 2014, by ______________________,
Estes Park Housing Authority, a Colorado housing authority.
Witness my hand and official seal.
(S E A L)
_______________________________
Notary Public
My Commission expires: _____________________
4
TOWN OF ESTES PARK
By: _______________________________
Bill Pinkham, Mayor
ATTEST:
By: _____________________________
Town Clerk
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing FIRST AMENDMENT TO ANNEXATION AGREEMENT was acknowledged
before me this _____ day of _________, 2014, by Bill Pinkham, as Mayor of the Town
of Estes Park, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
(S E A L)
_________________________________
Notary Public
My Commission expires: _____________________
Falcon Ridge History•In 2001 the EPHA purchased Lots 3 and4 from the Good Samaritan •In 2002 the EPHA developed Lot 3, Talons Pointe, 44 units•A preliminary Development plan for Lot 4 in 2002 was for 48 Homeownership units. •Placeholder•Due to the economic downturn this plan for Lot 4 was shelved
Falcon Ridge History•In October 2012 the EPHA participated in a Design Charrette•It was indicated that the property would allow for 66 affordable units utilizing the ‘density bonus’ •The 2 phase concept was developed•By late 2013 it was obvious that the timing was right for a Rental project
Falcon Ridge•We began the development process in late 2013 to build 45 Rental Units•The additional 21 units are reserved for future needs•Tax Credits•CDBG‐DR funding•To date the EPHA has spent $145,338 on predevelopment expenses
Need•The need for rental housing is huge •Vacation Rentals, lack of any new rentals, flooding issues•On the day of the flooding in 2013 there was not a single vacancy in any of the EPHA’s units•Market Study
Annexation Amendment•What we are asking for in density is whatis allowed by the current development code
..ANNEXATIONAGREEMENTTHISAGREEMENTiseffectivethec3ayOf2’_tL&t.)2001,byandbetweenTheEvangelicalLutheranGoodSamaritanSociety,aNorthDakotanon-profitcorporation,hereinafterreferredtoas“Owner,”andtheTownofEstesPark,amunicipalcorporationoftheStateofColorado,hereinafterreferredtoas“theTown”.WITNESSETH:WHEREAS,theTownhasreceivedapetitionforannexationofthepropertymoreparticularlydescribedonExhibitA,whichisattachedhereto,incorporatedherein,andmadeaparthereof(suchpropertyishereafterreferredtoas“theProperty”);andWHEREAS,theOwnerhasrequestedzoningfortheProperty,moreparticularlydescribedonExhibit“B”,whichisattachedheretoandincorporatedherein;andWHEREAS,theOwnerhassubmittedaPreliminaryPlatwhichwasapprovedbytheEstesValleyPlanningCommissiononOctober16,2001;andWHEREAS,theEstesValleyPlanningCommissionhasapprovedtheDevelopmentPlanforLotIofthePropertywhichisincorporatedhereinbythisreference;andWHEREAS,itistothemutualbenefitofthepartiesheretotoenterintothisagreementregardingtheannexationanddevelopmentofthePropertyintheTownandothermattersassetforthherein;andWHEREAS,OwneracknowledgesthePropertyissubjecttoallordinances,resolutions,andotherregulationsoftheTown,astheymaybeamendedfromtimetotime;andWHEREAS,Owneracknowledgesthattheneedforconveyancesanddedicationofcertainproperty,including,butnotlimitedto,propertyforrights-of-waysandeasementstotheTownascontemplatedinthisAgreement,aredirectlyrelatedtoandgeneratedbydevelopmentintendedtooccurwithintheProperty;andWHEREAS,partoftheconsiderationfortheannexationofthePropertyintotheTownistheexecutionandapprovalofthisAnnexationAgreementbytheparties.NOW,THEREFORE,INCONSIDERATIONOFTHEABOVEPREMISESANDTHECOVENANTSASHEREINAFTERSETFORTH,ITISAGREEDBYANDBETWEENTHEPARTIESASFOLLOWS:1.IncorporationofRecitals.ThePartiesconfirmandincorporatethe
.foregoingrecitalsintothisAgreement.2.Purpose.ThepurposeofthisAgreementistosetforththetermsandrequirementsoftheannexationanddevelopmentofthePropertyintheTown.Exceptasexpresslyprovidedforhereintothecontrary,alltermsandrequirementshereinareinadditiontoallrequirementscontainedintheEstesValleyDevelopmentCode,theEstesValleyComprehensivePlanandtheMunicipalAnnexationActof1965,asamended,C.R.S.,Section31-12-101,etseq.3.ZoningandLandUse.ThepartiesrecognizethatitistheintentanddesireofOwnertodevelopthePropertygenerallyconsistentwiththezoningandlandusessetforthinParagraph12below,andthatthegrantingofsuchzoningbytheTownisamaterialconsiderationoftheOwner’sagreementtoannexthePropertytotheTown.4.MunicipalServices.TheTownagreestomakeavailabletothePropertyalloftheusualmunicipalservicesprovidedbytheTowninaccordancewiththeordinancesandpoliciesoftheTown.TheservicesprovidedbytheTowninclude,butarenotlimitedto,policeprotection,water,electricity,andfireprotection.OwneracknowledgesthatTownservicesdonotinclude,wastewaterserviceswhichareprovidedbytheUpperThompsonSanitationDistrict.5.PublicImprovements.RequiredpublicimprovementsshallbedesignedandconstructedtoTownstandardsbyOwnerandatOwner’sexpense.OwnerfurtheragreestoprovidefinancialguaranteesforconstructionofallrequiredimprovementsassetforthineachphaseofthedevelopmentandtodedicatetotheTownanyoralloftheimprovementsasrequiredbyTownordinances.6.StreetsandArterialRoads.On-siteandrequiredoff-sitestreetsinthepublicright-of-wayshallbedesignedandconstructedtoTownstandardsbyOwneratOwner’sexpense.7.LandDedication.Thededicationorreservationofprivateopenspace,publiceasementsforutilities,rights-of-wayforstreetsandotherpublicwaysshallbebysubdivisionplatorappropriateinstrumentofconveyanceacceptabletotheTown.SuchdedicationsshalloccuratthesubdivisionofthePropertyunlesstheTownspecifiesanothertime.TheTownandtheOwneragreethatsuchdedicationsaredirectlyrelatedtoandgeneratedbythedevelopmentintendedtooccurwithinthePropertyandthatnotakingtherebywilloccurrequiringanycompensation.8.WaterandWasteWaterUtilities.On-siteandrequiredoff-sitewaterandwastewatermainsandappurtenancesshallbeconstructedtoTownandSanitationDistrictstandardsbyOwneratOwner’sexpense.9.ZoningandLandUse.Itisintendedbybothpartiesthatthefullarea,2
..exclusiveofdedicatedprivateopenspace,willbezonedanddevelopedgenerallyasdescribedinExhibit“B”attachedheretoandincorporatedherein.10.ConformitywithLaws.Owneragreesthatthedesign,improvement,construction,development,anduseofthePropertyshallbeinconformancewithallapplicablelawsandordinancesandthatOwnershallcomplywithallTownordinances,resolutionsandregulationsincluding,butnotlimitedto,ordinances,resolutionsandregulationspertainingtoannexation,subdivision,zoning,stormdrainage,utilities,accesstoTownstreetsandfloodcontrol,unlessspecificprovisionsofthisAgreementprovideotherwise.11.NoRepealofLaws.NothingcontainedinthisAgreementshallconstituteorbeinterpretedasarepealoftheTown’sordinancesorresolutions,orasawaiveroftheTown’slegislative,governmental,orpolicepowerstopromoteandprotectthehealth,safety,andwelfareoftheTownanditsinhabitants,norshallthisAgreementprohibittheenactmentorincreasebytheTownofanytaxorfee.12.Disconnection.IntheeventthattheTown,eitherbyTownBoardactionorinactionorbyinitiativeorreferendum,takesanyactioncontrarytotheDeveloper’svestedpropertyrights,asdescribedinParagraph34,Owner,initssolediscretion,shallhavetheoptiontodisconnectthePropertyfromtheTown.Insuchevent,Townagreestoactingoodfaithtoaccomplishsuchdisconnectionasexpeditiouslyaspossible.IntheeventofanydisconnectionaspermittedinthisParagraph,thefollowingshallapply:(a)Individualdevelopmentprojects(i.e.forwhichfinalplatsorplanshavebeenapproved)withinthePropertywhichhavebeenbuiltupto25%ofanticipatedfinalbuildoutshallnotbeincludedinanydisconnectionoftheProperty;(b)IntheeventofanactionbytheTownwhichwouldgiverisetothedisconnectionremedysetforthherein,theOwnershallgivetheTownatleastsixty(60)dayswrittennoticeofsuchdefaultandtheirintentiontoseekdisconnection,andtheTownshallhavearighttodoanyactwhichwouldremoveorterminatetheOwner’srighttodisconnectthePropertypursuanttotheprovisionsofthisparagraphduringtheabovestatedsixty(60)dayperiod13.Severability.ThePartiesagreethatifanypart,term,portion,orprovisionofthisAgreementisheldbyacourtofcompetentjurisdictiontobeillegalorinconflictwithanylawoftheStateofColoradooranyfederallaw,thevalidityoftheremainingparts,terms,portions,orprovisionsshallnotbeaffected,andtherightsandobligationsofthepartiesshallbeconstruedandenforcedasiftheAgreementdidnotcontaintheparticularpart,term,portion,orprovisionheldtobeinvalid.14.Owners’Association/Covenants.Ownermayorganizeaunitowners’associationorassociationsifappropriateforgivenparcelsand/orunittypesforthe3
..developmentofthePropertyincludingownershipofprivateopenspaceand/oroutlotslocatedontheProperty.Ifso,Ownershallformtheassociation(s)pursuanttotheColoradoCommonInterestOwnershipAct(“Act”),C.R.S.Section38-33.3-101,etseq.TheOwnershallalsoexecuteandrecordcovenantsandinstrumentsofconveyancewhichcomplywiththeActandwhichadequatelyprovideforcontinuousownership,operation,maintenance,repairandreplacementofcommonelementsofthedevelopmentincluding,butnotlimitedto,anyprivateroads,privatecommonareas,privateopenspace,outlots,andprivatefacilities,IfanyportionofthePropertyiscondominiumized,theOwnershallobtainTownsubdivisionapprovalpursuanttotheapplicableprovisionsoftheEstesValleyDevelopmentCode.15.FutureCooperation.ThePartiesagreethattheywillcooperatewithoneanotherinaccomplishingtheterms,conditions,andprovisionsoftheAgreementandwillexecutesuchadditionaldocumentsasnecessarytoeffectuatethesame.16.NoJointVentureorPartnership/NoAssumptionofLiability.NothingcontainedinthisAgreementisintendedtocreateapartnershiporjointventurebetweentheTownandtheOwnerandanyimplicationtothecontraryisherebyexpresslydisavowed.ItisunderstoodandagreedthatthisAgreementdoesnotprovideforthejointexercisebythePartiesofanyactivity,functionorservice,nordoesitcreateajointenterprise,nordoesitconstituteanyPartyheretoasanagentoftheotherPartyheretoforanypurposewhatsoever.ExceptasspecificallyotherwiseprovidedinthisAgreement,noPartyshallinanywayassumeanyoftheliabilityoftheotherPartyforanyactorobligationoftheotherParty.17.Amendment.ThisAgreementmaybeamendedonlybymutualagreementoftheTownandOwner.Suchamendmentsshallbeinwriting,shallbecovenantsrunningwiththeland,andshallbebindinguponallpersonsorentitieshavinganinterestinthePropertysubjecttotheamendmentunlessotherwisespecifiedintheamendment.18.EntireAgreement.ThisAgreementembodiestheentireagreementoftheParties.Therearenopromises,terms,conditions,orobligationsotherthanthosecontainedherein,andthisAgreementsupersedesallpreviouscommunications,representations,oragreements,eitherverbalorwritten,betweentheParties.19.Owner.AsusedinthisAgreement,theterm“Owner”shallincludeanyofthetransferees,successors,orassignsofOwner,andallsuchPartiesshallhavetherighttoenforcethisAgreement,andshallbesubjecttothetermsofthisAgreementasiftheyweretheoriginalpartiesthereto.IntheeventofatransferofalloranyportionoftheProperty,thetransferringOwnershallberelievedofanyandallobligationsunderthisAgreementwhichariseafterthedateofsuchtransferwithrespecttothetransferredProperty,providedthatthetransfereeassumesinwritingallsuchobligations.SaidwrittenassumptionsofallobligationandreleaseofliabilityshallbeeffectiveonlyuponreceiptandwrittenapprovalbytheTown.4
..20.AmendmentstoLaw.AsusedinthisAgreement,unlessotherwisespecificallyprovidedherein,anyreferencetoanyprovisionofanyTownordinance,resolution,regulation,orpolicyisintendedtorefertoanysubsequentamendmentsorrevisionstosuchordinance,resolution,regulations,orpolicy,andthePartiesagreesuchamendmentsorrevisionshallbebindinguponOwner.Notwithstandingtheabove,intheeventthatanyprovisionofthisAgreementisambiguousandneedstobeinterpretedbyreferencingotherdocuments,theTownordinances,resolutions,regulations,orpoliciesineffectupontheeffectivedateofthisAgreementshallcontrolastoanyambiguityorinterpretationofthetermsandconditionsofthisAgreement.21.BindingEffect.ThisAgreementshallbebindinguponandinuretothebenefitofthePartiesheretoandthetransferees,successors,andassignshereof,andshallconstitutecovenantsrunningwiththeland.ThisAgreementshallberecordedwiththeCountyClerkandRecorderofLarimerCounty,Colorado,atOwner’sexpense.Subjecttotheconditionsprecedentherein,thisAgreementmaybeenforcedinanycourtofcompetentjurisdiction.22.BreachofAgreement.(a)BreachbyOwner,Town’sRemedies.IntheeventofadefaultorbreachbytheOwnerofanyterm,condition,covenant,orobligationunderthisAgreement,theTownmaytakesuchactionasitdeemsnecessarytoprotectthepublichealth,safety,andwelfare;toprotectlotbuyersandbuilders,andtoprotectthecitizensoftheTown.TheTown’sremediesinclude:(I)TherefusaltoissuetotheOwneranydevelopmentpermit,buildingpermit,orcertificateofoccupancy;(II)Ademandthatthesecuritygivenforthecompletionofthepublicimprovementsbepaidorhonored;(Ill)TherefusaltoconsiderfurtherdevelopmentplanswithintheProperty,andtor(IV)RezonethePropertyoranyportionthereofwhichhasnotbeendeveloped;(V)Anyotherremedyavailableatlaw.Unlessnecessarytoprotecttheimmediatehealth,safety,andwelfareoftheTownorTownresidents,theTownshallprovidetheOwnerten(10)days’writtennoticeofitsintenttotakeanyactionunderthisParagraphduringwhichten-dayperiodtheOwnermaycurethebreachdescribedinsaidnoticeandpreventfurtheractionbytheTown.5
..(b).BreachbyTown,Owner’sRemedies.ThePartiesagreethatintheeventofabreachbytheTownofthisAgreement,OwnerwillhavetherighttoseekonlytheremediesprovidedforimpairmentofOwner’svestedpropertyrightsassetforthinSection24-68-105,C.R.SandordisconnectionofthePropertyoraportionthereof.23.CostReimbursement.Alllegal,engineering,planning,publicationandothercostsincurredbytheTownwillbereimbursedbyOwner.ThepartiesagreethattheOwnershallnotberesponsibletotheTownforanylitigationcost,includingattorneys’feesandcourtcosts,incurredbytheTownasaresultofanythirdpartyclaimmadeagainsttheTownarisingoutofthetermsandconditionsofthisAgreement.24.Attorney’sFees.IfanyPartybreachesthisAgreement,thebreachingpartyshallpaythenon-breachingparty’sreasonablecostsandattorney’sfeesincurredintheenforcementofthetermsandconditionsofthisAgreement.25TransferoftheProperty.OwnershallnotifytheTown,inwritingof,anysaleortransferoftheProperty,andthename,address,andtelephonenumberofthetransferee.UponthesaleorothertransferofanyportionoftheProperty,thetransferorofsuchportionshallbereleasedfromallliabilityandobligationunderthisAgreementrelatingtosuchportionprovidedthatallsuchliabilitiesandobligationsshallbeassumedbythetransfereepursuanttothetermsandconditionsofparagraph19above.(unlesstransfereeisahomebuyer,abuyerofdevelopedcommercialproperty,orgovernmentalentity).26.TownEnactments.NothingcontainedintheAgreementshallconstituteorbeinterpretedasarepealofexistingcodes,ordinancesorasawaiveroftheTown’slegislative,governmental,orpolicepowerstopromoteandprotectthehealth,safety,andgeneralwelfareoftheTownoritsinhabitants;norshallthisAgreementprohibittheenactmentbytheTownofanyfeewhichisofuniformorgeneralapplication.27.SpecificProvisions.ThePartiesagreetobeboundbythefollowingprovisionswhichareacknowledgedbytheTowntoprovidesubstantialpublicbenefitstotheOwner,citizensoftheTownandthepublicat-large:(a)NCWCDandMunicipalSubdistrictInclusion.TheOwner,atitssoleexpense,shallpetitionforinclusionofthepropertywithintheNorthernColoradoWaterConservancyDistrictandtheMunicipalSubdistrictoftheNorthernColoradoWaterConservancyDistrict.OwnershallpursuetheinclusionofthepropertywithintheDistrictandtheSubdistrict.(b)Wetlands.ThereexistswetlandsrunningfromthewesternboundaryofthepropertytotheeasternboundaryoftheProperty.SaidwetlandsshallbeplacedinanoutlotatthetimeofsubdivisionoftheProperty.OwnershallprovideforwetlandstobepermanentlyheldandmaintainedbytheOwneroradulyformedassociationasmorefullysetforthinparagraph14above.6
..(c)ImpactFees.TheOwneragreesthattheTownmayenactbyordinanceoneormoreimpactfeesforpurposeofmitigatingimpactstotheTowncausedbydevelopmentwithintheTownsolongassaidfeeorfeesaregeneralinnatureanddonotspecificallyimpactonlythisProperty.(d)AttainableHousing.TheOwnerandtheEstesParkHousingAuthority(the“HousingAuthority”)haveenteredintoaMemorandumofUnderstandingwhichoutlinesthepurchaseofaportionoftheProperty(Lots3and4ofthePreliminaryPlat)bytheHousingAuthority.IncorporatedhereinbyreferenceistheDevelopmentPlanfortheHousingAuthority’sproposeddevelopmentonLots3and4.IntheeventOwnerandtheHousingAuthorityareunabletodevelopsaidlotsasmorefullysetforthintheDevelopmentPlan.Ownershallhavetherighttodeveloplots3&4asanattainablehousingprojectpursuanttothetermsandconditionsoftheEstesValleyDevelopmentCode.ThisincludestherighttotransferLots3&4toanotherentityand/orpersonforthepurposeofdevelopinganattainablehousingproject.InnoeventshallanyattainablehousingprojectdevelopedonLots3&4exceedmaximumdevelopmentprovisionssetforthinparagraph27(g)(3)below.IntheeventtheHousingAuthorityoranotherentityorpersondoesnotutilizeLots3and4forattainablehousing,theOwnershallbeentitledtodevelopLots3&4foratotaloffoursingle-familylotstobedeedrestrictedprohibitingfurthersubdivisionofsaidLotsanddeedrestrictedtosingle-familydwellings;ortheOwnermaydevelopatotalof40elderlyduplexunitsand/oremployeehousingduplexunitsaspartofthedevelopmentonLot1.(e)LotIDevelopment.DevelopmentonLotIshallbeallowedasmorefullysetforthintheDevelopmentPlanforLotIsubjecttospecialreviewapprovaloftheDevelopmentPlan.(f)Church.Lot2isproposedtobeusedforachurch.ThatuseshallbecontingentuponrezoningofLot2toallowthistypeofuseandapprovalofaDevelopmentPlanforachurch.IntheeventsaidrezoningisnotgrantedortheDevelopmentPlanisnotapprovedforachurchortheOwnerdoesnottransferLot2toachurch,theOwnershallbeallowedtodevelopLot2asfollows:1)Twosingle-familyresidentiallots;or2)Sixteenelderlyduplexunits;or3)Sixteenemployeehousingduplexunits.IftheOwnerdevelopsthesixteenelderlyduplexunitsorsixteenemployeehousingduplexunits,theOwnershallincorporatethoseunitsasapartofthedevelopmentonLot1.TheOwnermaydevelopbothelderlyandemployeehousingduplexunitsinanycombinationsolongasthetotalnumberofunitsdoesnotexceed16duplexunits.The16duplexunitsshallbesubjecttoappropriaterezoningofLot2toallowsaiduseand/oranynecessaryDevelopmentPlanapproval.(g)MaximumDevelopment.Asconsiderationfortheannexation,rezoningandsubdivisionoftheProperty,thePartiesagreethatthemaximum7
..developmentonthePropertyshallbeasfollows:(I)Lots5—12.8singlefamilylots.ThereshallbenofurthersubdivisionofLots5—12andthelotsshallbedeedrestrictedtosingle-familydwellings.(2)Lot1.46residentialduplexunits,34congregatelivingunits,24assistedlivingunits.(3)Lots3and4.92multi-familyattainablehousingunitsor,4single-familyresidentiallots,or40duplexunitsasmorefullysetforthinsubparagraph27(d)above.(4)Lot2.Onechurchor,2single-familyresidentiallotsor,16duplexunitsasmorefullysetforthinsubparagraph(f)above.(h)FailuretoDevelop.OwnersunderstandandspecificallyagreethatifthePropertyoranyportionthereofisnotdevelopedasprovidedinparagraph(g)above,theTownreservestherighttoconsiderrezoningofthePropertyoranyundevelopedportionthereofupontheexpirationofthevestingperiodassetforthinparagraph28below.SaidrezoningshallbelimitedtoRE-IRuralEstatezoning.(i)HondaWaterLine.OwnersacknowledgesthatthereisaCostReimbursementAgreementforthewaterlinelocatedwithinDryGulchRoadwhichrequiresanypersonorentityusingthatwaterlinetoreimbursetheinstallingentityconstructingsaidwaterlinepursuanttothetermsandconditionsoftheCostReimbursementAgreement.(j)HeightVariance.TheheightofthecongregatecarefacilitytobeconstructedonLotIexceedstheheightlimitationintheEstesValleyDevelopmentCode.OwnershallseekandobtainavariancefromtheEstesValleyBoardofAdjustmentfortheheightofthecongregatecarefacility.IntheeventthattheEstesValleyBoardofAdjustmentdoesnotgrantsaidheightvariance,theOwnershallamenditsDevelopmentPlanforLotItoreducetheheightofthecongregatecarefacilitytocomplywiththerequirementsoftheEstesValleyDevelopmentCode.28.VestedRights.InrecognitionofthelandsizeofthedevelopmentcontemplatedunderthisAgreement,thesubstantialinvestmentandtimerequiredtocompletethedevelopmentoftheproject,thephaseddevelopmentoftheproject,andthepossibleimpactofeconomiccyclesandvaryingmarketconditionsduringthecourseofthedevelopment,theOwnerandtheTownagreethatthevestedpropertyrightsestablishedunderthisAgreementshallcommenceontheeffectivedateofthisAgreementandshallcontinueasfollows:(a)DevelopmentshallcommenceonLotIwithin1yearofspecialreviewapprovaloftheDevelopmentPlan;and8
..(b)DevelopmentshallcommenceoneachofLots2,3,and4within3yearsoftheeffectivedateofthisAgreement;and(c)DevelopmentshallbecompletedoneachofLots1,2,3,and4within10yearsoftheeffectivedate(the“VestingPeriod”)“Vestedrights”shallapplyonlytozoningandlanduseapprovalsoncethoseapprovalshavebeenmade.AftertheexpirationoftheVestingPeriod,suchvestedrightsshallbedeemedterminatedandofnofurtherforceoreffect;provided,however,thatsuchterminationshallnotaffect(a)theannexationofthePropertytotheTown;(b)anycommon-lawvestedrightsobtainedpriortosuchtermination;(c)anyrightarisingfromTownbuildingpermitsissuedpriortotheexpirationofthevestingperiod;or(d)anysubdivisionoftheProperty.29.Notice.AllnoticesrequiredunderthisAgreementshallbeinwritingandshallbehand-deliveredorsentbyfacsimiletransmissionorfirstclassmail,postageprepaidtotheaddressesofthepartieshereinsetforth.Allnoticebyhand-deliveryshallbeeffectiveuponreceipt.Allfacsimiletransmissionsshallbeeffectiveupontransmissionsreceipt,providedahardcopyismailedthesamedate.Allnoticesbymailshallbeconsideredeffectiveseventy-two(72)hoursafterdepositintheUnitedStatesmailwiththeproperaddressassetforthbelow.Eitherparty,bynoticesogiven,maychangetheaddresstowhichfuturenoticesshallbesent.NoticetoTown:TownofEstesParkAttn:RichWidmer,TownAdministratorP.O.Box1200EstesPark,CO80517NoticetoOwner:TheEvangelicalLutheranGoodSamaritanSocietyAttn:DaveHorazdovsky,ChiefOperatingOfficerP.O.Box5038SiouxFalls,457117-50385p30.NoThirdPartyRights.ThisAgreementismadesolelyforthebenefitofthePartiesheretoandisnotintendedtonorshallitbedeemedtoconferrightstoanypersonsorentitiesnotnamedasPartieshereto.31.GoverningLaw.ThelawsoftheStateofColoradoshallgovernthevalidity,performance,andenforcementofthisAgreement.Shouldeitherpartyinstitutelegalsuitoractionforenforcementofanyobligationcontainedherein,itisagreedthatthevenueofsuchsuitoractionshallbeinLarimerCounty,Colorado.32.Heading.TheParagraphheadingsinthisAgreementshallnotbeusedintheconstructionorinterpretationhereofastheyhavenosubstantiveeffectandareforconvenienceonly.9
..33.NoWarrantiesbytheTown.TheTownisenteringintothisAgreementingoodfaithandwiththepresentintention,onthepartofthepresentTownBoard,thatthisAgreementwillbecompliedwith.However,becausesomeoftheprovisionsofthisAgreementmayinvolveareasoflegaluncertainty,theTownmakesnorepresentationastothevalidityorenforceabilityofthisAgreementandthatnosuchwarrantyismadeonthepartoftheTown.TheOwnersacknowledgethattheannexationandzoningofthePropertyaresubjecttothelegislativediscretionoftheBoardofTrusteesoftheTown.NoassurancesofannexationorzoninghavebeenmadeorrelieduponbytheOwners.Intheeventthat,intheexerciseofitslegislativediscretion,anyactionwithrespecttothePropertyhereincontemplatedisnottaken,thenthesoleandexclusiveremedyforthebreachhereofshallbethewithdrawalofthepetitionforannexationbytheOwners,ordisconnectionfromtheTowninaccordancewithstatelaw,asmaybeappropriate.34.ThisAgreementshallbenullandvoidiftheTownfailstoapprovetheannexation,rezoningand/orsubdivisionofthePropertyasprovidedherein.35.DisconnectionoftheProperty—UtilityServices.IntheeventofdisconnectionofthePropertyoraportionthereoffromtheTownasaresultofthedefaultoftheTowninthetermsandconditionsofthisAgreement,theTownshallcontinuetoprovidemunicipalelectricserviceandwaterservicetothePropertyifandtotheextentsaidutilityservicewasprovidedpriortodisconnection.Ratespayableforsaidservicesfollowingdisconnectionshallbeout-of-townratespursuanttotheTown’sutilityratestructure.TOWNOFESTESPARK,COLORADO,AMUNICIPALCORPORATIONBy:__________________________MayorATTEST:By:?8JTownClerkSubscribed,sworntoandacknowledgedbeforemethisdayof_____________2001.MyCommissionexpires:/C’/L,b.//_______NotaryPublic10
o0(9zLUz>%I—a)D.-J-J(-ICoUJ-4-.(9ci)zEa)LU0‘ILUa)ci)0)-oci)ofl7cC)CoC.(0ci)oC1.02Cl)Co-Dci)C-20C)>,0-a
..Exhibit“A”LEGALDESCRIPTIONGoodSamaritanFirstAdditionAportionofSection20,Township5North,Range72Westofthe6thP.M.moreparticularlydescribedasfollows:CommencingattheNWcornerofsaidSection20;ThencealongtheWestlineofsaidSection20SQl031’28”W1320.53’totheTRUEPOINTOFBEGINNING;ThenceS89L154’48”E1050.00’;ThenceS66L148’47”W1155.55’totheWestlineofsaidSection20;ThencealongtheWestlineofsaidSection20N01031’28”E456.73’totheTRUEPOINTOFBEGINNING.CONTAINING5.503ACRESGoodSamaritanSecondAdditionAportionofSection20,Township5North,Range72Westofthe6thP.M.moreparticularlydescribedasfollows:CommencingattheNWcornerofsaidSection20;ThencealongtheWestlineofsaidSection20S01031‘28”W329.55’totheTRUEPOINTOFBEGINNING;ThenceS89°54’ll”E1596.32’;ThenceN00°05’49”E60.00’;ThenceS89°54’ll”E618.01’totheEasterlyRight-of-WayofDryGulchRoad;ThencealongsaidRight-of-WayS27°59’12”W465.17’;Thencealongatangentcurve,concavetotheEastwitharadiusof79.31’,adeltaof15°43’47”,andachordofS20°07’19”W217.93’adistanceof218.62’;ThenceS12°15’25”W222.65’;ThencealongatangentcurveconcavetotheWestwitharadiusof1191.48’,adeltaof5°09’59”,andachordofS14°47’35”W107.40’adistanceof107.43’;ThenceS17°25’24”W252.58’;ThenceS13°45’57”W87.46’;ThenceS01°34’55”E120.29’;ThenceS07°24’37”E124.21’;ThenceleavingsaidRight-of-WayN89°54’48”W1801.25’;ThenceN66°48’47”E1155.55’;ThenceN89°54’48”W1050.00’totheWestlineofsaidSection20;ThenceN01°31’28”E990.98’totheTRUEPOINTOFBEGINNING.CONTAINING59.149ACRES.12
.Exhibit“B”LotsI,3and4—ShallbezonedRMMulti-FamilyResidentialDistrictLots2,and5through12—ShallbezonedE-IEstateDistrictoftheGoodSamaritanFirstandSecondAddition.13
Title VI Plan
Administrative Services Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Director
Date: June 6, 2014
RE: Federal Transit Administration Title VI Plan
Objective:
To adopt a new Federal Transit Administration (FTA) Title VI plan to be in compliance
with Environmental Justice and Limited English Proficiency requirements required by
FTA in the Town’s acceptance of the Paul Sarbanes Transit in the Park grant funds for
the new parking structure at the Visitor Center.
Present Situation:
The Town adopted a Title VI plan in March of 2011 in conjunction with the grant
received to complete the transportation hub at the fairgrounds. The plan ensured
compliance with FTA regulations to address Civil Rights, Discrimination, and establish a
formal complaint process. To guarantee compliance with Title 49 Code of Federal
Regulation (CFR) Section 21.9(b), FTA requires that all recipients document their
compliance by submitting a Title VI plan to FTA’s regional Civil Rights Officer once
every three years. The Town’s current plan expired in March of this year.
The Town has received additional grants to complete a parking structure at the Visitor
Center to address congestion and improve air quality. These funds consist of grants
from both the federal and state government. In accepting federal funds the Town must
meet FTA requirements and establish policies, plans and practices that meet federal
guidelines.
Proposal:
The Town hired Ostrander Consulting, Inc. to prepare an new Title VI plan to be in
compliance with federal guidelines outlined in FTA Circular 4702.1B, to ensure all new
federal regulations were addressed in the new plan, and to complete the new plan in a
timely fashion to allow the Town to move forward quickly in receiving awarded grant
funds.
In addressing Environmental Justice, the plan outlines the Town’s commitment to
prevent discrimination of low-income and minority populations, as a result of any impact
of its transit programs or activities. The attached plan outlines how the Town will ensure
public participation in transportation planning by all segments of the Town’s community.
Title VI Plan
2
Transportation planning will also address how programs would serve various population
groups. The plan also addresses the Town’s assurance to provide meaningful access to
persons that have Limited English Proficiency. All efforts will be made to provide
materials in other formats including large print, other languages such as Spanish, and
Braille. These assurances restate the Town’s commitment to comply with the Civil
Rights Act of 1964 to ensure no person is discriminated as it relates to Town programs,
activities, or services.
The former plan adopted in 2011 was approved and signed by the Town Administrator.
New regulations require the plan to be reviewed and accepted by the Town Board prior
to submitting to the FTA Civil Rights office.
Advantages:
To obtain awarded grant funds for the building of a parking garage at the Visitor
Center.
To ensure those impacted by or utilizing the shuttle services are treated fairly based
on civil rights guidelines and that all segments, especially those identified as low
income/minority populations, have the ability to participate and provide feedback on
transit related projects.
Disadvantages:
If the new plan is not adopted the Town will not be in compliance with the FTA
regulations, and therefore, would not be award the grant funds.
Action Recommended:
To approve the Federal Transit Administration Title VI Plan and submit it to the Civil
Rights Officer, Region 8, Federal Transit Administration for their acceptance.
Budget:
The consultant fee of approximately $1,300 reimbursable through the grant.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the Federal Transit Administration Title VI Plan as presented.
Attachment
Title VI Plan
1
Town of Estes Park Title VI/LEP Plan
June 2014
Town of Estes Park
Federal Transit Administration
Title VI Plan
Compliance with Title VI,
Environmental Justice and
Limited English Proficiency Requirements
Contact:
Brian Wells, Shuttle Coordinator
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
2
Town of Estes Park Title VI/LEP Plan
June 2014
Town of Estes Park
Title VI Plan
Table of Contents
SECTION PAGE
I Statements of Policy
Introduction 4
Title VI Non-discrimination Statement of Policy 5
Environmental Justice and Limited English
Proficiency Policy Statement
5
Definition of Federal financial assistance and
recipients affected
6
II Title VI Assurances
Specific Forms of Discrimination Prohibited 6
Programs and Services covered by Title VI 6
Authorities 6
Assurances for Title VI and Other Nondiscriminatory
Statutes/Signed by Mayor
7
III Title VI and Environmental Justice – MPO Planning
Requirements
Data Collection 9
Transit Plan/Unified Planning Work Program 9
IV Title VI and Environmental Justice – the Public Participation
Process
Public Participation Plan (PPP) 10
Communication and Notification to the Public 11
V Organization and Staff Responsibilities
Organization Overview 12
3
Town of Estes Park Title VI/LEP Plan
June 2014
VI Title VI Coordinator and Complaint Process
Title VI Coordinator Responsibilities 13
Title VI Complaint Procedures 14
Reporting a Title VI Complaint 14
Filing a Title VI Complaint 16
Title VI Complaint Form 16
Title VI Related Training 16
VII Limited English Proficiency (LEP) Plan
Introduction 17
Policy 17
Needs of Area/Four Factor Analysis 18
Language Assistance Plan 20
Appendix A Siting Equity Analysis 22
Appendix B Title VI Complaint Form 23
4
Town of Estes Park Title VI/LEP Plan
June 2014
I. STATEMENTS OF POLICY
Introduction
The Town of Estes Park prepared this Title VI Plan in compliance with the Title VI Circular
4702.1B. The Plan also addresses Limited English Proficiency requirements.
The Town of Estes Park provides free shuttle service each summer to assist residents and visitors
in traveling around Estes Park and to Rocky Mountain National Park. Shuttles travel on five
routes between the Estes Park Visitor Center, 500 Big Thompson Avenue, to 63 stops throughout
Estes Park and the surrounding valley. Shuttles make it convenient for residents and visitors to
leave their vehicles at a lodging facility or parking lot and travel around town during the busy
summer season. This is a free service and written information is available at local businesses, the
visitor center and lodging as well as on each vehicle. On request, information is available for
hearing impaired as well as large print time schedules for visually impaired customers. A free
trolley operates in a continuous loop on peak weekends from at least 10 am to 5 pm with service
about every 20 to 30 minutes depending on traffic.
A fixed facility is planned to accommodate the over three million visitors to the area. The Estes
Park Transit Facility and Parking Structure will increase parking availability in the downtown
area, reduce emissions in the Estes Valley and Rocky Mountain National Park, and serve as
another hub for transit systems. This project is funded by grants from Federal and State
governments and is matched by the Town’s community reinvestment fund.
Long range planning efforts of the National Park Service/Rocky Mountain National Park,
Colorado Department of Transportation/Region 4, Town of Estes Park, Visit Estes Park, Estes
Park Partners for Commerce, Estes Valley Economic Development Corporation, Upper Front
Range Transportation Planning Region, Town appointed Transportation Advisory Committee
and the YMCA of the Rockies have been coordinated in the development of this project. Recent
plans completed that support this project include the Estes Valley Transportation Alternatives
Feasibility Study (2003) and the Integrated Approach to Transportation and Visitor Use
Management Plan (2010) completed by the ROMO. Town of Estes Park surveys demographic
ridership and travel patterns to provide optimal service. No issues have been identified in terms
of disparate impacts to any community group.
No sub-recipients provide transit services. Currently, the Town of Estes Park had no active
investigations, lawsuits, or complaints relative to Title VI including Limited English Proficiency.
Transit service is seasonal, does not operate as a fixed route, and there are under 50 vehicles in
the fleet. No information relative to service standards or polices are required to be submitted.
5
Town of Estes Park Title VI/LEP Plan
June 2014
The Town of Estes Park is governed by the elected Board of Trustees and currently includes six
males and one female. The Mayor Pro Tem is a female. No non-elected committees and/or
councils are authorized to direct policy or operations of transit service. The Town Board of
Trustees will approve the Title VI Plan at a regularly scheduled meeting and has signed the
Assurances of Title VI. The membership of the non-elected Transportation Advisory Committee
(TAC), broken down by race and gender is shown below. There is currently one vacancy.
By Gender White All Other
Male 5 0
Female 3 0
As an example of the efforts for public participation encouraged by this group, a recent TAC
Agenda mentioned the intent to hold public forums prior to the development of an action plan.
Openings on the TAC are advertised by the Administrative Services Department. The Town
Board appoints members. No pre-screening is done; minimal residency qualifications are the
only criteria to be eligible to serve. Citizen participation is also encouraged by the annual
Citizens Information Academy (CIA). The CIA familiarizes participants with Estes Park’s Town
government and encourages active citizen participation. Participants meet with Town trustees
and staff, expand their knowledge of overall Town operations, and learn about other government
taxing districts in the Estes Valley.
An Equity Analysis was completed and is presented in Appendix A.
Title VI Nondiscrimination Statement of Policy
The Town of Estes Park is committed to compliance with Title VI of the Civil Rights Act of
1964, 49 CFR, part 2, and all related regulations and directives. The Town of Estes Park assures
that no person shall on the grounds of race, color, national origin, gender, age, or disability be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any Town of Estes Park program, activity, or service.
Environmental Justice and Limited English Proficiency Policy Statement
Town of Estes Park is committed to assuring every effort will be made to prevent the
discrimination of low-income and minority populations, as a result of any impact of its programs
or activities in accordance with Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and in Low-Income Populations.
In addition, Town of Estes Park assures every effort will be made to provide meaningful access
to persons that have Limited English Proficiency (LEP), in accordance with Executive Order
13166, Improving Access to Services for Persons with Limited English Proficiency.
6
Town of Estes Park Title VI/LEP Plan
June 2014
Definition of Federal Financial Assistance and Recipients Affected
Federal financial assistance is defined as any Federal dollars that are assigned to the Town of
Estes Park system to support any program and activity, by way of grant, loan or contract, other
than a contract of insurance or guaranty. The Town of Estes Park currently does not directly
receive any operational funding for transit services. However, it has been awarded capital funds
from the Federal Transit Administration (FTA) to carry out the transportation services as set
forth by the federal law “Moving Ahead for Progress in the 21st Century (MAP-21)”.
II. TITLE VI ASSURANCES
Specific Forms of Discrimination Prohibited
The Town of Estes Park efforts to prevent discrimination must address, but are not limited to:
● The denial of services, financial aid, or other benefits provided under a program.
● Distinctions in the quality, quantity, or manner in which the benefit is provided.
● Segregation or separation in any part of the program.
● Restriction in the enjoyment of any advantages, privileges, or other benefits provided to
others.
● Different standards or requirements for participation.
● Methods of administration which directly or indirectly or through contractual relationships
would defeat or impair the accomplishment of effective nondiscrimination.
● Discrimination in any activities related to a highway, infrastructure or facility built or
repaired in whole or in part with Federal funds.
● Discrimination in any employment resulting from a program, the primary purpose of which is
to provide employment.
Programs and Services covered by Title VI
The Town of Estes Park Title VI Plan applies to all programs, activities and services, regardless
of funding source.
Authorities
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
2. Federal-Aid Highway Act of 1973 (23 U.S.C. §324 et seq.), (prohibits discrimination on
the basis of sex);
3. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended,
(prohibits discrimination on the basis of disability);
5. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.),
(prohibits discrimination on the basis of disability)
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6. The National Environmental Policy Act of 1969, 42 U.S.C. § 4321;
7. 49 C.F.R. Part 21 (entitled Nondiscrimination In Federally-Assisted Programs Of The
Department of Transportation-Effectuation of Title VI Of The Civil Rights Act of 1964);
8. 49 C.F.R. Part 27 (entitled Nondiscrimination On The Basis Of Disability In Programs
Or Activities Receiving Federal Financial Assistance);
9. 49 C.F.R. Part 28 (entitled Enforcement Of Nondiscrimination On the Basis Of Handicap
In Program Or Activities Conducted By The Department Of Transportation);
10. 49 C.F.R. Part 37 (entitled Transportation Services For Individuals With Disabilities
(ADA));
11. 23 C.F.R. Part 200 (FHWA’s Title VI/Nondiscrimination Regulation);
12. 28 C.F.R. Part 35 (entitled Discrimination On The Basis Of Disability In State And Local
Government Services);
13. 28 C.F.R. Part 50.3 (DOJ Guidelines for Enforcement of Title VI of the Civil Rights Act
of 1964).
Assurances for Title VI and Other Nondiscriminatory Statutes
Town of Estes Park (hereafter referred to as the "Recipient") in keeping with our policy of
nondiscrimination, hereby agrees that as a condition to receiving Federal financial assistance
from the Department of Transportation, it will comply with Title VI of the Civil Rights Act
of 1964, 78 Stat. 252, 42 U.S.C. 2000d - 42 U.S.C. 2000d-4 (hereinafter referred to as the
Act) and all requirements imposed by or pursuant to: Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination
in Federally-assisted programs of the Department of Transportation, Effectuation of Title VI
of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other
pertinent directives, to that end in accordance with the Act, Regulations, and other pertinent
directives, no person in the United States shall, on the grounds of race, color, sex, national
origin, or age be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the Recipient receives
Federal financial assistance from the Department of Transportation, including the Federal
Transit Administration (FTA), and hereby gives assurance that it will promptly take any
measures necessary to effectuate this agreement. This Assurance is required by Subsection
21.7 (a)(1) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby
gives the following specific assurances with respect to operating assistance projects:
● That the Recipient agrees that each "program" or "facility", as defined in Subsections
21.23(b) and 21.23 (e) of the Regulations, will be (with regard to a “program”)
conducted, or will be (with regard to a “facility”) operated in compliance with all
requirements imposed by, or pursuant to, the Regulations; and
● That the Recipient shall insert the following notification in all solicitations for bids for
work or material subject to the Regulations and made in connection with the Federal
Transit Administration, and in adapted form in all proposals for negotiated agreements;
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Town of Estes Park Title VI/LEP Plan
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● Town of Estes Park in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d to 2000d-4 and 49, of the Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally-Assisted Programs of the Department of Transportation issued pursuant to such
Act, hereby notifies all bidders that it will affirmatively insure that in regard to any
contract entered into pursuant to this advertisement, disadvantaged business enterprises
will be afforded full opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color, sex, national origin, income status
or age in consideration for an award;
● The Recipient shall provide for such methods of administration for the program as are
found by the Secretary of Transportation or the officials to whom he delegates specific
authority to give reasonable guarantee that it, other recipients, sub grantees, contractors,
subcontractors, transferees, successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed or
pursuant to the Act, the Regulations and this Assurance;
● The Recipient agrees that the United States has a right to seek judicial enforcement with
regard to any matter arising under the Act, the Regulations, and this Assurance; and
● This Assurance is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the Department of Transportation under
Federal-Aid Highway Program and is binding on it, other recipients, subgrantees,
contractors, subcontractors, transferees, successors in interest and other participants in the
Federal-Aid Highway Program. The person whose signature appears below is authorized
to sign this Assurance on behalf of the Recipient.
________________________________ ____________________
William C. Pinkham, Mayor Date
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III. TITLE VI AND ENVIRONMENTAL JUSTICE – TOWN OF ESTES PARK
PLANNING REQUIREMENTS
Town of Estes Park is responsible for ensuring Title VI and Environmental Justice compliance
for the following planning activities:
Data Collection
Census and other statistical data will be collected by the Town of Estes Park, as a means of
identifying low income and minority populations within the service area. The data will be
maintained for the purpose of planning projects and programs that serve various population
groups. The data collection process will be reviewed regularly to ensure sufficiency in meeting
Title VI requirements.
● Town of Estes Park Actions
Collect, maintain, and update databases of low income and minority concentrations
within the service area
Utilize the data when developing plans and studies
Develop demographic profile maps to help identify neighborhoods with high
concentrations of low income and minority populations
Use these maps in various planning documents
Transit Planning
The Town of Estes Park operates and plans the shuttle route system to reduce congestion and
will appropriately serve identified low income and minority neighborhoods, make meaningful
connections between housing and jobs, and ensure that transit is a viable transportation option as
possible while it continues efforts to reduce automobile congestion and environmental impacts.
● Actions
Using demographic profile maps, ensure that transit routes and stops fully serve those
neighborhoods with high concentrations of low income and minority populations.
Work with Visit Estes Park, Estes Park Partners for Commerce, and Rocky Mountain
National Park to identify necessary changes to routes.
Ensure bus stop locations are fully accessible for all users, both at the site and in the
vicinity.
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IV. TITLE VI AND ENVIRONMENTAL JUSTICE – THE PUBLIC PARTICIPATION
PROCESS
Public Participation Plan (PPP)
The Town of Estes Park Public Participation Plan (PPP) describes how Town of Estes Park
communicates and distributes information to the public as well as how the public can interact
and provide comments concerning transit services. The needs of those traditionally underserved
by the existing system will be sought and considered by the Town of Estes Park system.
Through its public involvement efforts, Town of Estes Park will strive to achieve the following
Title VI and Environmental Justice (EJ) goals:
● To avoid, minimize, or mitigate disproportionately high and adverse human health and
environmental effects, including social and economic effects, on minority populations
and low-income populations.
● To ensure the full and fair participation by all potentially affected communities in the
transportation decision-making process.
● To prevent the denial of, reduction in, or significant delay in the receipt of benefits by
minority and low-income populations.
Title VI states that no person shall, on the ground of race, color, or national origin, be excluded
from participation in, denied benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance. Town of Estes Park will ensure that the input and
feedback from all people will be considered in the development of planning documents and
activities.
Environmental Justice concerns and goals should be considered throughout all public
engagement efforts, from project planning through construction and operation. This includes
public outreach conducted during transportation planning and during the environmental reviews
required by the National Environmental Policy Act (NEPA).
The following actions relating to Environmental Justice and Title VI are meant to reduce the
barriers for participation in the decision-making process by low income, minority or disabled
individuals.
1. When possible, public meetings will be held in locations that are convenient to low and
moderate income neighborhoods and accessible to disabled populations. Such locations
include community centers, senior centers and schools. Where possible, Town of Estes
Park staff will meet at the locations of businesses, neighborhood groups, stakeholders,
and other agencies.
2. Upon request, all Town of Estes Park work products and documents will be made
available in alternative formats, including Braille, large type and languages other than
English.
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3. The following statement will be included in all Estes Park documents: Town of Estes
Park does not discriminate on the basis of race, color, national origin, sex, religion, age or
disability in the provision of services. This document can be made available in
alternative formats by calling the Town of Estes Park Shuttle Coordinator at 970-577-
3963.
4. The following elements of this statement will be included in all meeting announcements:
If you are an individual with a disability who is in need of a reader, amplifier,
qualified sign language interpreter, or any other form of auxiliary aid or service to
attend or participate in the hearing or meeting, please contact the Shuttle
Coordinator, Town of Estes Park, 170 MacGregor Avenue, Estes Park, CO, at least
one week prior to the meeting or as soon as possible. Public documents, including
the agenda and minutes, can be provided in various accessible formats. Please
contact the Town of Estes Park Shuttle Coordinator if a summary or other type of
accessible format is needed.
5. Agencies and organizations that represent low income, minority and disabled populations
will be identified and included in Town of Estes Park mailings. Staff will maintain an
active listing of contacts for these organizations.
6. Town of Estes Park will evaluate Environmental Justice actions and Title VI
requirements on an annual basis to ensure effectiveness of public involvement. This
document will be reviewed and updated in conjunction with the Public Participation Plan.
Communication and Notification to the Public
All members of the public are ensured protections against discrimination which are afforded to
them by Title VI. To ensure open communication with the public, the Town of Estes Park will
adhere to the following requirements:
The Town of Estes Park will disseminate agenda and public meeting information to members of
the public via accessible printed and electronic media, including postings on the Towns website
and in the Estes Park Trail Gazette. Documents and agendas will be available at 170
MacGregor, Estes Park, CO 80517, Estes Park Visitors Center and at other locations identified in
the Public Participation Plan. Public notices of Town of Estes Park meetings will be posted at
the location of the meeting site.
● In appropriate documents, the Town of Estes Park will include a statement that the
organization complies with Title VI by assuring that no person shall on the grounds of race,
color, national origin, gender, age, or disability be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity under any
Town of Estes Park program, activity, or service.
● The following statement shall be posted on site at the Town of Estes Park office, on the
Town’s website, permanently displayed on public transit vehicles; and other appropriate
materials made available to the public: (Documents will be translated into languages other
than English, upon request.)
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Non-Discrimination - Your Rights under Title VI of the Civil Rights Act of 1964
The United States Department of Transportation (DOT) ensures full compliance with Title VI
of the Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis
of race, color or national origin in the provisions of benefits and services resulting from
federally assisted programs and activities. Any person, who believes the Town of Estes Park
has violated his /her Title VI protections, should contact the Town of Estes Park at 970-577-
3963. Town of Estes Park has also developed a policy to assist individuals who are Limited
English Proficient (LEP). Translation services in order to assist LEP individuals shall be
made available to Transit’s customers upon request. The Town of Estes Park Title VI policy,
complaint procedures and LEP Plan shall be made available upon request by contacting the
Shuttle Coordinator at the above-noted information. For Federal Title VI information please
contact the Federal Transit Administration (FTA), Region 8 at 720-963-3300. Federal Title
VI information, including filing complaints, can also be accessed on the FTA web site at:
www.fta.dot.gov.
Section VI of this plan describes the procedures to be followed by members of the public to file a
discrimination complaint against the Town of Estes Park transit services.
V. ORGANIZATION AND STAFF RESPONSIBILITIES
Organization Overview
Town of Estes Park operates and assists with funding the seasonal local transit system. Rocky
Mountain National Park also provides seasonal service. The Town of Estes Park is responsible
for providing public transportation within the town; Rocky Mountain National Park connects to
major attractions in the park. .
The service is directed by the Shuttle Coordinator as part of his/her duties. The Coordinator
oversees and will implement the Plan as part of the transit program. The Staff and Driver Team
are responsible for ensuring public transportation is accomplished as set forth by the federal
transportation bill “Moving Ahead for Progress in the 21st Century”.
Town of Estes Park staff will be responsible for the development and implementation of the Title
VI plan and for performing the actions relating to its primary public transportation requirements.
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VI. TITLE VI COORDINATOR AND COMPLAINT PROCESS
Title VI Coordinator Responsibilities
The Shuttle Coordinator of Town of Estes Park is the designated Title VI Coordinator for the
town.
The Coordinator is responsible for oversight of the Town of Estes Park Title VI plan. The
Coordinator must ensure that transit is compliant with Title VI requirements. The Coordinator is
also responsible for Title VI training of relevant staff, conducting reviews, and assisting in
investigations of Title VI complaints. The Coordinator must also compile the Title VI
Accomplishment and Goals report on an annual basis. Town of Estes Park staff can assist the
Title VI Coordinator with compiling Title VI information from transit activities for this report.
Town of Estes Park Shuttle Coordinator and staff will be responsible for the following:
● Ensuring that the transportation services fully comply with the requirements of Title VI.
● Monitoring the transportation services goals and ensuring compliance with Title VI
requirements.
● Reviewing operational policies and procedures to ensure Title VI compliance.
● Monitoring the service equities of planning data collection and analysis for potential
impacts on social, economic, and/or ethnic groups.
● Ensuring the planning organizational membership attempts to reflect the makeup of the
population served.
● Ensuring the opinions and views of all groups within their populations are solicited and
considered in the planning of transportation projects.
● Monitoring compliance with Environmental Justice issues to identify low-income and
minority populations that may be impacted by transportation planning process.
● Providing evidence that input from minority groups/persons has been considered in the
transportation planning process. Evidence could include but is not limited to the
participation level and composition of participants in public information settings and
reporting any follow-up and conclusions to issues communicated throughout the planning
process.
● Monitoring the gathering and utilization of demographic data used to identify and locate
low-income and minority populations in order to investigate the possible benefits and
detriments of transportation plans on these populations.
● Monitor compliance with Limited English Proficiency (LEP) populations to improve
access and comprehension of the transportation planning process for individuals
comprising the LEP population.
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Title VI Complaint Procedures
Town of Estes Park is committed to ensuring that all citizens have equal access to all
transportation services. It is further the intent of the Town of Estes Park that all citizens are
aware of their rights to such access. Any person believing he or she has been excluded from,
denied participation in, denied the benefits of, or otherwise has been subjected to discrimination
under any transportation service, program or activity (whether Federally funded or not) due to
that person’s race, color, national origin, gender, age, disability, economic status, or limited
English proficiency has the right to file a complaint.
The complaint procedures cover the following:
● Title VI of the Civil Rights Act of 1964
● Section 504 of the Rehabilitation Act of 1973
● Civil Rights Restoration Act of 1973
● Civil Rights Restoration Act of 1987
● Americans with Disabilities Act of 1990
● Executive Order 12898
● Executive Order 13166
Reporting a Title VI Complaint
An individual, group of individuals or entity may file a formal Title VI complaint. If an
individual or group believes that they have received discriminatory treatment by the Town of
Estes Park on the basis of your race, color or national origin, the individual or group has the right
to file a complaint with the Town of Estes Park’s Shuttle Coordinator. The complaint must be
filed no later than 180 calendar days of the alleged discriminatory incident.
The preferred method is to file your complaint in writing using the Title VI Complaint Form
(Appendix B) and sending it to:
Attn:
Shuttle Coordinator
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Verbal complaints will be accepted and transcribed by the Shuttle Coordinator. To make a
verbal complaint, call 970-577-3963 and ask for the Shuttle Coordinator.
An individual or group also has the right to file a complaint with an external entity such as the
CDOT Office of Civil Rights, a federal or state agency, or a federal or state court. For
complaints submitted to CDOT, they must be submitted to the CDOT Title VI Coordinator in
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writing, signed and dated, within 180 days of the alleged discriminatory act (or latest
occurrence). The complaint should be submitted to the following address:
Attn: Title VI Coordinator
Colorado Department of Transportation
4201 East Arkansas Ave.
Denver CO 80222
Phone 303-757-9162
Katherine.Williams@state.co.us
The complaint that is submitted to the entity should include the name, address, phone number
and signature of complainant. The formal complaint should describe the alleged discriminatory
act that violates Title VI in detail.
Title VI complaints may also be filed directly with the United States Department of
Transportation (USDOT), Federal Highway Administration (FHWA), Federal Transit
Administration (FTA), Federal Aviation Administration (FAA) or the Federal Railroad
Administration (FRA) within the 180 day period of the alleged discriminatory act (or latest
occurrence).
Should a complaint be filed with the Town of Estes Park through the Administrative Services
Department and an external entity simultaneously, the external complaint shall supersede the
Town of Estes Park complaint and the Town of Estes Park’s complaint procedures will be
suspended pending the external entity’s findings.
If Town of Estes Park were to receive a Title VI complaint, staff will inform FTA Region 8 staff
of the complaint and the measures taken to address and resolve the complaint.
Filing a Title VI Complaint
Within ten (10) working days of receipt of the formal complaint, the Shuttle Coordinator will
notify the complainant and begin an investigation (unless the complaint is filed with an external
entity first or simultaneously). The investigation will address complaints against the Town of
Estes Park. The investigation will be conducted in conjunction with and under the advice of the
Administrative Services Department.
The investigation may include discussion(s) of the complaint with all affected parties to
determine the problem. The complainant may be represented by an attorney or other
representative of his/her own choosing and may bring witnesses and present testimony and
evidence in the course of the investigation. The investigation will be conducted and completed
within 60 days of the receipt of the formal complaint.
Based upon all the information received, an investigation report will be written by the Shuttle
Coordinator. The complainant will receive a letter stating the final decision of the Town of Estes
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Shuttle Coordinator by the end of the 60-day time limit. The complainant shall be notified of
his/her right to appeal the decision. Appeals may be made to the Equal Employment
Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).
Title VI Complaint Form
Completion of a Title VI Complaint form is required when filing a complaint. Please see
Appendix B for a copy of the form. These forms are also available from the Town of Estes Park,
Shuttle Coordinator, Town of Estes Park, 170 MacGregor Avenue, PO Box 1200, Estes Park,
CO 80517.
Title VI Related Training
The Title VI Coordinator shall ensure that staff is trained and familiar with related policies and
procedures. Related Title VI training will be provided by the Title VI Coordinator to senior
management and others to discuss practical situations and how Title VI applies to the planning
and public participation processes. Training may also be provided through FHWA or FTA
sponsored webinars and training resources. The CDOT Office of Equal Opportunities can be
contacted to provide additional Title VI training.
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VII: LIMITED ENGLISH PROFICIENCY PLAN
Introduction
This Limited English Proficiency (LEP) Plan for the Town of Estes Park has been developed in
response to federal requirements included under Section 601 of Title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d), which provides that no person shall “on the grounds of race, color or
national origin be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.”
Federal Executive Order No. 13166, issued in August 2000 by President Clinton, "Improving
Access to Services for Persons with Limited English Proficiency," was created to "... improve
access to federally conducted and federally assisted programs and activities for persons who, as a
result of national origin, are limited in their English proficiency (LEP)..." President Bush
affirmed his commitment to Executive Order 13166 through a memorandum issued on October
25, 2001, by Assistant Attorney General for Civil Rights, Ralph F. Boyd, Jr. and Acting
Assistant Attorney General Loretta King directed a strengthening of enforcement of Title VI in a
memorandum dated July 10, 2009.
As a recipient of funds from the Federal Transit Administration (FTA) this Limited English
Proficiency (LEP) Plan for the Town of Estes Park has been developed to ensure compliance
with Federal LEP regulations. It includes an assessment of the limited English proficiency needs
of our area, an explanation of the steps the Town of Estes Park is currently taking to address
these needs, and the steps to take in the future to ensure meaningful access to our transit
programs by persons with limited English proficiency.
Policy
It is the policy of the Town of Estes Park to ensure that our programs and activities, normally
provided in English, are accessible to Limited English Proficiency (LEP) persons and thus do not
discriminate on the basis of national origin in violation of the Title VI prohibition against
national origin discrimination. The Town of Estes Park to the maximum extent feasible in its
official deliberations and communications, community outreach and related notifications, will
provide appropriate alternative non-English formats for persons with LEP to access information
and services provided.
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Limited English Proficiency Needs of Area
The Four-Factor Analysis developed by the FTA requires that information be included in
Limited English Proficiency (LEP) Plans regarding the number and percentage of LEP persons
in our area, and the nature, frequency and importance of the contact we have with LEP persons
in providing transit services. Each of these elements is addressed below.
Factor 1. Number and Percentage of LEP Persons in Our Area
Permanent Population
A summary of LEP persons in the service area indicates that 4.2% of the total population speaks
English “Not Well or Not at All”. Based on the proximity to several towns as a well as the
potential for persons working to support the various tourist industries, the permanent population
was expanded to include neighboring towns and Larimer County.
Permanent Population including Nearby Communities/Alternate Languages
Data Category Estes Park % Berthoud % Longmont % Loveland %Larimer
County % Total %
Total Population (5 years old
& older)5,615 5,027 80,203 63019 283,603 437,467
Population Speaking English
"Not Well or "Not at All:191 3.4% 25 0.5% 8,822 11.0% 1,765 2.8% 7,657 2.7% 18,460 4.2%
Population Speaking English
"Not Well or "Not at All
Spanish 91 47.6% 9 35.0% 6,970 79.0% 753 42.7% 2,764 36.1% 10,587 57.4%
Other Indo-European 61 32.1% 16 65.0% 1,059 12.0% 231 13.1% 1,011 13.2% 2,378 12.9%
Asian and Pacific Islander 20 10.3% - 468 5.3% 438 24.8% 2,581 33.7% 3,505 19.0%
Other 19 10.0% - 326 3.7% 342 19.4% 1,302 17.0% 1,990 10.8%
Total 191 25 8,822 1,765 7,657 18,460
Source: 2008-2012 American Community Survey 5-Year Estimates, population 5 years and older speaking another
language in the home, who speak English “Not Well” or “No at All.”
Visitor Population
Because of the regional draw of the various tourist activities, it has been recommended that the
population data for multiple Front Range Counties/Major Cities also should be reviewed. CDOT
Civil Rights & Business Resource Center provided information relative to Front Range
communities for nearby visitor-based communities to use in evaluating language demographics.
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Front Range Population/Alternate Languages
County Spanish
Indo-
European Asian Other
Speak English less
than "very well"
Total
Population
Adams 26,402 1,313 3,222 267 31,204 396,285
Arapahoe 19,255 2,047 4,285 1,692 27,279 523,128
Boulder 7,655 622 842 14 9,133 273,549
Gilpin 29 - - - 29 5,001
Douglas 1,381 439 753 16 2,589 258,481
Jefferson 4,594 957 1,728 132 7,411 501,761
Cities -
Aurora 21,267 933 3,332 1,238 26,770 292,048
Boulder 1,650 200 152 - 2,002 93,394
Lakewood 2,423 154 838 25 3,440 134,492
% Speak English less
than "very well" 84,656 6,665 15,152 3,384 109,857 2,478,139 4.4%
Alternate Language
Spoken 77% 6% 14% 3%
(of total
population)
Source: American Community Survey 2007-2011 estimates, population 5 years and older speaking another
language in the home, who speak English “Not Well” or “No at All.”
Summary
In summary, the total LEP population is less than 5%. The total local population reporting
speaking English “not well” or “not at all” was 4.2% or 18,460 individuals. The total Front
Range potential visitor population reporting speaking English “not well” or “not at all” was
4.4%. Spanish is the predominant alternate language.
Factor 2 & 3 Nature, Frequency and Importance of LEP Contact
Nature of Contact
The Estes Park Shuttle provides seasonal service circulating throughout the community and
connecting with Rocky Mountain National Park. Mobility limited persons are accommodated in
compliance with the Americans with Disabilities Act. During peak tourist season, service is
provided seven days a week with hours dependent on local activities. No fares are collected.
Contacts with all riders as well as LEP persons include:
· A printed brochure is provided outlining the details of the service.
· A poster is available at major attractions/hotels to communicate service availability.
· Service operates on a continuous route with an interval of approximately 30 minutes
depending on the time of day and day of week.
· Phone numbers to contact for additional information are prominently displayed on both
the printed schedule and each bus.
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· Information is available in Spanish
Frequency of Contact
Based on current scheduling, riders should be able to board a vehicle within thirty minutes.
Rides are generally traveling from intercept parking areas, hotels/lodging and other locations to
core downtown activities and Rocky Mountain National Park. Based on driver feedback, there
are minimal requests for alternate language information.
Importance of Contact
In rating the importance of current contacts or potential contacts with LEP individuals, the Town
of Estes Park is taking the position that all riders are important and while there are minimal
requests for alternate languages, this service will be provided.
Factor 4. Resources Available for LEP Outreach
The Town of Estes Park’s website www.estes.org has a link to a comprehensive listing of all
community resources, including transit services prepared by United Way of Larimer County.
This resource is also available through the United Way of Larimer County by phoning “2-1-1”.
Both the printed materials and “2-1-1” resources are available in English and Spanish.
Resources available from Rocky Mountain National Park include:
· Assisted listening devices and sign language interpretation are available in alternate
languages.
· International Visitors have available assistance to “Plan Your Visit Information” in French
and German.
· The Official Park Newspaper is published in Spanish, Periodico Oficial del Parque.
The Town of Estes Park will allocate the necessary resources for LEP outreach. At this time it
anticipates that translation service will not exceed $500 and website enhancement will not
exceed $250. As an aside, the Town of Estes Park is a “sister city” with Monteverde, Costa Rica
and expects to maintain this connection.
IV. LANGUAGE ASSISTANCE PLAN
A. How Will You Identify LEP Persons Who Need Language Assistance?
· Driver Team will be front line for identifying needs.
· Visit Estes Park staff will be asked to communicate any comments from visitors
requesting alternate language assistance.
· Larimer County United Way Resource staff will be asked to communicate any comments
from community members requesting alternate language assistance.
B. How Will You Identify Language Assistance Measures?
· Actively review additional options for providing service.
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· Respond promptly to requests for language assistance and be aware of the potential to
better service alternate language communities.
C. How Will Your Staff Be Trained?
· Driver Team training provided with resources to assist Limited English Proficiency riders
· Town of Estes Park, Visit Estes Park, and Este Park Partners for Commerce continually
are aware of community needs and respond promptly to customer service issues.
D. What Will Be Your Outreach Efforts?
· Brochure is translated to Spanish and updates will be provided when needed.
· Larimer County United Way Resource link and “2-1-1” phone service will provide
support with language assistance when needed by transit riders.
· Drivers provided with Basic Spanish for Transit Employees, prepared by CDOT,
Colorado Mountain College and Roaring Fork Transit Agency.
· Visit Estes Park has alternative language resources available if needed.
· Town Board of Trustees has been advised of and supports the plan.
· Rocky Mountain National Park has extensive outreach for international visitors.
E. What Is Your Monitoring and Updating Plan?
· On-going feedback from Driver Team will identify an y increased demand/incidents of
needs information.
· Coordinate with Rocky Mountain National Park, Visit Estes Park, and Estes Park
Partners for Commerce to monitor changing needs for language assistance.
· Update brochure in alternate languages as needed.
F. How Will You Disseminate Your LEP Plan?
· Copies will be provided to Driver Team Supervisors
· Driver Team has Spanish Language Brochures and Handbook.
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Town of Estes Park Title VI/LEP Plan
June 2014
Appendix A – Siting Equity Analysis
TITLE VI EQUITY ANALYSIS
The project funded through the Sarbanes Transit in Park Program is for the construction of a
Transportation Hub at the Town of Estes Park Visitor Center. This Hub will include a 256-space
transit parking intercept lot and six bus bays to support transit service between the Town of Estes
Park (a gateway community) and Rocky Mountain National Park (ROMO).
This project is an expansion or enhancement of an existing alternative transportation system.
The site is currently the location of the Town of Estes Park Visitor Center. The location is near
the intersection of US 34/36 just before the highway turns into East Elkhorn, the main arterial for
persons traveling to the downtown commercial business district, and is the connecting access
road to ROMO.
This location was selected without regard to race, color, or national origin. No residential areas
are impacted by this location. Residents had multiple opportunities to comment on the location
during the public participation sessions held in conjunction with the Estes Valley Transportation
Alternatives Feasibility Study (2003) and the Integrated Approach to Transportation and Visitor
Use Management Plan (2010) completed by the ROMO. There was also a three day workshop
to provide public input using Schematic Design Charette techniques. This outreach engaged
community members and organizations potentially impacted by the siting of the facility.
Because of the existing use as a transportation hub and the unique location of this site to
intercept traffic, no other sites were actively considered.
Based on the current use and ability to expand on the existing footprint of the Town of Estes
Park Visitor Center, no cumulative adverse impacts will result from the location of this expanded
facility.
This location does not result in a disparate impact on the basis of race, color, or national origin.
There is a substantial legitimate justification for locating the project at this site given the existing
use, the ability to intercept automobile traffic, and is a non-discriminatory alternative.
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Town of Estes Park Title VI/LEP Plan
June 2014
Appendix B – Title VI Complaint Form
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall on the
ground of race, color or national origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.”
Note: The following information is necessary to assist us in processing your complaint. Should
you require any assistance in completing this form, please let us know. Complete and return this
form to the Town of Estes Park, Shuttle Coordinator, Brian Wells, 170 MacGregor Avenue, PO
Box 1200, Estes Park, CO 80517
Complainant’s Name
Address
City, State and Zip Code
Telephone Number
(home & business)
Person discriminated against (if someone other than the complainant)
Name
Address
City, State and Zip Code
Which of the following best describes the reason you believe the discrimination took place?
Race/Color
National Origin
What date did the alleged discrimination take place?
In your own words, describe the alleged discrimination. Explain what happened and whom you
believe was responsible. Please use the back of this form if additional space is required.
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Town of Estes Park Title VI/LEP Plan
June 2014
Have you filed this complaint with any other federal, state, or local agency; or with any federal
or state court?
Yes
No
If so, which agency (check all that apply)
Federal agency Federal Court
State Agency State Court
Local Agency
Please provide contact information for the agency/court where the complaint was filed.
Name
Address
City, State and Zip Code
Telephone Number
Please sign below. You may attach any written materials or other information that you think is
relevant to your complaint.
Complainant’s Signature Date