Loading...
HomeMy WebLinkAboutPACKET Town Board 2023-08-08The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, August 8, 2023 7:00 p.m. ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., the day of the meeting in order to be provided to the Town Board prior to the meeting. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated July 25, 2023 and Town Board Study Session Minutes dated July 25, 2023. 3.Transportation Advisory Board Minutes dated June 21, 2023 (acknowledgment only). 4.Decline to Exercise Right of First Refusal to Purchase Windy Gap Water Units. 5.Appointments to the Estes Park Planning Commission of David Shirk for a term expiring March 31, 2024, and Charles Cooper for a term beginning August 16, 2023 and expiring March 31, 2028. 6.Appointment of Bill Brown to the Estes Park Housing Authority to complete the term of Carissa Streib expiring April 30, 2028. 7.Resolution 69-23 Setting the Public Hearing for a New Hotel & Restaurant Liquor License Application for Twisted Griffin Pub & Restaurant DBA Twisted Griffin Pub & Restaurant, 247 W. Elkhorn Avenue, Estes Park, Colorado. ACTION ITEMS: 1.RESOLUTION 70-23 FIFTH AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF THE LARIMER EMERGENCY TELEPHONE AUTHORITY (LETA). Chief Hayes. The amendment would expand LETA’s jurisdiction to include Jackson County. ADJOURN. Prepared 07-28-2023 *Revised Town of Estes Park, Larimer County, Colorado, July 25, 2023 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 25th day of July, 2023. Present: Wendy Koenig, Mayor Marie Cenac, Mayor Pro Tem Trustees Kirby Hazelton Frank Lancaster Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Deputy Town Administrator Dan Kramer, Town Attorney Bunny Victoria Beers, Deputy Town Clerk Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION – ESTES RECYCLES DAY. The Mayor read a proclamation recognizing August 12, 2023 as Estes Recycles Day. AGENDA APPROVAL. It was moved and seconded (Cenac/Younglund) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. John Guffey/Town citizen voiced speeding and speed limit concerns throughout the Estes Valley. He stated Estes Park should take a leadership stance on public safety by evaluating and adjusting speed limits. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: The Restorative Justice (RJ) Golf for Justice Tournament would take place on July 28, 2023 and held a pre-retreat session to identify strategic planning objectives based on RJ principles such as relationship building, foundational engagement and building connections; a Regional Elected Officials meeting was held in June where regional transportation, elections and other issues facing communities were discussed; the Police Auxiliary met to discuss their list of commitments and the Board commended their volunteer efforts which support the community, festivals and provide school safety; Ole International Kitchen held a ribbon cutting and was congratulated on their recent opening; Sisters Cities would elect Sean Jurgens to their Board at their next regular meeting and their tax exempt status has been reinstated; Estes Park Planning Commission vacancy interviews were conducted and appointment recommendations would be forthcoming; the Estes Valley Watershed Coalition worked on a bank stabilization project off Fish Creek with volunteers from the Flatiron Construction; Trustees Martchink and Lancaster would bring forward contract revisions for Town Administrator Machalek for Board consideration at a future meeting; Larimer County Board of County Commissioners conducted a strategic planning prioritizing exercise for community topics where water was a priority; and a ribbon cutting was held for Mountain Waffle food truck. TOWN ADMINISTRATOR REPORT. Deputy Town Administrator Damweber was granted the International City and County Management Association’s Credentialed Manager designation status. DR A F T Board of Trustees – July 25, 2023 – Page 2 Town Administrator Machalek presented his policy governance report for policies 3.3, 3.12, and 3.13 and reported compliance in all areas. He stated compliance interpretation 3.3.3 contained redundancies where the margin of error for projections had been streamlined to improve the accuracy of revenue projects to include a 10% margin of error on projected operating revenues barring any catastrophic issues. Trustee Lancaster recommended updates to 3.3.5 and 3.3.6 related to the reflection of unencumbered funds. Staff would review the fund balance provided to the Board and would provide clarification in the report. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated July 11, 2023, and Study Session Minutes dated July 11, 2023. 3. Estes Park Planning Commission Minutes dated June 20, 2023 (acknowledgment only). 4. Letter of Support for a Grant Application to the Colorado Department of Transportation for the Cleave Street Project. 5. Resolution 63-23 Contract with GEI Consultants, Inc., to Complete a Grant-Funded Scoping Project for Capacity Improvement on the Big Thompson River and Fall River - $136,875 - Budgeted. 6. Resolution 64-23 Contract with Kimley-Horn for the Multimodal Transportation Plan and Transit Development Plan - $293,930 - Budgeted. 7. Resolution 65-23 Intergovernmental Agreement with Northern Colorado Governmental Entities and Emergency Management Services for Disaster- Emergency Mutual Aid and Disaster-Emergency Funding Assistance. 8. Resolution 66-23 Larimer County Office of Emergency Management Reunification Plan. 9. Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Cenac/Younglund) to approve the Consent Agenda with the removal of Item #2, and it passed with unanimously. It was moved and seconded (Hazelton/Cenac) to approve Consent Agenda Item #2, and it passed with Trustee Lancaster abstaining. PLANNING COMMISSION 1. ACTION ITEMS: A. RESOLUTION 67-23 PRELIMINARY PLAT, KRAEMER/TALYOR TOWNHOME SUBDIVISION, 1069 MORGAN STREET, KRAEMER/TAYLOR OWNERS/APPLICANTS. The Mayor opened the public hearing and Planner Washam stated the preliminary and final subdivision plat would create two lots in an R-2 (Two-Family Residential) zoning district. She stated the property contains 0.77 acres containing a duplex constructed in 1985. The owner/applicant requests approval of the application to formally create two separate townhome lots out of the existing duplex historically used as two separate lots for many years. No new development was proposed. The application was found in compliance with the Estes Park Development Code standards (Section 10.5.H). Staff recommended approval of the preliminary subdivision plat. The Mayor closed the public hearing was and it was moved and seconded (Martchink/MacAlpine) to approve Resolution 67-23, and it passed unanimously. B. RESOLUTION 68-23 FINAL PLAT, KRAEMER/TALYOR TOWNHOME SUBDIVISION, 1069 MORGAN STREET, KRAEMER/TAYLOR OWNERS/APPLICANTS. The Mayor opened the public hearing. Staff recommended approval of the resolution to create two lots on the 0.77 acre property separating an existing duplex into two townhome lots with no new DR A F T Board of Trustees – July 25, 2023 – Page 3 development planned. There being no discussion the Mayor closed the public hearing. It was moved and seconded (Hazelton/Martchink) to approve Resolution 68-23, and it passed unanimously. ACTION ITEMS: 1. REVISED POLICY 101 – BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES. At the July 11, 2023 study session, the Board directed staff to bring forward a liaison appointment to the Estes Park Housing Authority Board (EPHA) of Commissioners for consideration. The appointment would be through April 2024 when the new Board is seated and a new appointment would be determined. Staff requested Board direction on the appointment of a liaison to the EPHA Board of Commissioners. It was moved and seconded (Hazelton/Martchink) to appoint Trustee Lancaster as the liaison to the EPHA Board, and it passed unanimously. Whereupon Mayor Koenig adjourned the meeting at 7:47 p.m. Wendy Koenig, Mayor Bunny Victoria Beers, Deputy Town Clerk DR A F T Town of Estes Park, Larimer County, Colorado July 25, 2023 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 25th day of July, 2023. Board: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton, Lancaster, MacAlpine, Martchink, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton, Lancaster, MacAlpine, Martchink, and Younglund Also Attending: Town Administrator Machalek, Deputy Town Administrator Damweber, Town Attorney Kramer, and Recording Secretary Disney Absent: None Mayor Koenig called the meeting to order at 5:40 p.m. KAHUNA MEMORIAL LAND REQUEST. Supervisor Berg presented the Kahuna Memorial Land request for an educational memorial to a bull elk known as ‘Kahuna’ on the Town owned land between Virginia Drive and Elkhorn Avenue. The Kahuna Memorial Project team provided further information on the request and proposal. They highlighted the formation of the team, stakeholders, objectives and benefits of the project, timeline, funding, sculpture concept, community engagement, and the safety awareness education plan. The Board discussed language translation of education materials, the current use of the requested land, impacts for moving the utility boxes, a touring/rotating art program, adding education pieces to other elk sculptures in Town instead of adding an additional elk sculpture, adding additional smaller sculptures of other wildlife with education materials, additional tools for interpreting wildlife safety for the public, ownership and maintenance of the final project, and integration of the safety awareness education plan for other Town owned sculptures. TOWN-OWNED PARCEL ON DRY GULCH. Deputy Town Administrator Damweber requested the Town Board’s interest in assessing development potential of Town owned land located off Dry Gulch Road. He provided history of proposed developments at the site, the zoning and size of the property, identified housing needs, previous challenges associated with the site, and the Comprehensive Plan’s Future Land Use Map designation of the area as Natural Resource Conservation & Parks. The Board discussed site access, structure options, costs of developing this property versus the Fish Hatchery project, the unconfirmed labeling of the land as “open space” on previous maps, costs of doing a feasibility analysis for development potential, discussion of the current Future Land Use Map designation, community engagement of any future developments of the land, previous prioritizations of Town owned property, land swaps with private owners, and use of the land for Town facilities in addition to housing. The Board directed staff to begin the process of assessing the development potential of the land. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. None. FUTURE STUDY SESSION AGENDA ITEMS. Trustee Lancaster requested and it was determined to add a review of the prioritization of Town owned properties to a future study session. DR A F T Town Board Study Session – July 25, 2023 – Page 2 There being no further business, Mayor Koenig adjourned the meeting at 6:38 p.m. Kimberly Disney, Recording Secretary DR A F T       Town of Estes Park, Larimer County, Colorado, June 21, 2023 Minutes of a Regular meeting of the TRANSPORTATION ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 21st day of June, 2023. Board: Chair Belle Morris; Vice-Chair Kristen Ekeren; Members Javier Bernal, Jessica Ferko, Ann Finley, Larry Gamble, Linda Hanick, Mark Igel, and Gordon Slack; Trustee Patrick Martchink; Staff Liaison Greg Muhonen Attending: Chair Morris; Vice-Chair Ekeren; Members Gamble, Hanick, and Slack; Trustee Martchink; Director Muhonen; Manager Solesbee; Recording Secretary McDonald Absent: Member Bernal, Member Ferko, Member Finley, Member Igel Chair Morris called the meeting to order at 12:10 p.m. PUBLIC COMMENT None. TRUSTEE LIAISON UPDATE Trustee Martchink did not have official updates, but reported that he had been questioned by the Larimer County Sheriff’s Office about the operational specifications of the stoplight placed on US 36 for the Community Drive Roundabout construction project. APPROVAL OF MINUTES DATED MAY 17, 2023 It was moved and seconded (Slack/Hanick) to approve the May 17, 2023, minutes with a minor amendment, and the motion passed unanimously. MOBILITY SERVICES UPDATE Manager Solesbee reported that the May 26 opening weekend of the 2023 paid parking season was the smoothest on record. Weekly parking data will be regularly posted on the website; early numbers indicate trending slightly lower than previous years in free and paid lots, and slightly higher in the parking structure. Lots are full on the weekend, with most at 85% on weekdays; the average parking time is two hours. Feedback from locals on the paid parking utility mailer has been extensive and positive. While the team prepares for July 4 business, the parking structure banner is being produced and the Farmer’s Market reorganization is working very well. The Peak’s 2023 Transit Schedule for the daily Red Route began on May 26; the Gold, Silver, Brown, and Blue Routes will run daily July 1-September 4, then weekends only through October 1. The brand name change from Estes Transit to The Peak will be announced soon in the annual transit schedule news release. Bustang’s weekend service Transportation Advisory Board – June 21, 2023 – Page 2 started strong on May 27. Thanks to funding from the Colorado Association of Transit Agencies (CASTA) and Department of Energy (DOE) through the Zero Fare for Better Air initiative, trolley service hours increased (now 7:30 a.m. to 9:30 p.m.) and CASTA’s free marketing support will feature news releases and radio spots in English and Spanish. Both electric trolleys (EV 1 & 2) are running 13 hours on new batteries (compared to 4-5 hours with the previous batteries), and the trolleys and rented shuttles will soon receive their animal-themed wraps. Redesigned stop signs and transit brochures will be featured in English and Spanish. The selection committee for the Multimodal Transportation Plan (MTP) and Transit Development Plan (TDP) interviewed three firms before selecting the Kimley-Horn and Nelson\Nygaard team, whose well-prepared proposal was focused on funding sources and research into similar communities like Sedona and Moab. Staff will seek contract approval from the Town Board in July, after which work would begin on the TDP. The trolley barn project is awaiting the CDOT grant agreement before the bid process can begin, and progress is being made on the request for proposal for the Big Horn Parking Structure design. ENGINEERING UPDATE Director Muhonen advised that annual striping is underway, and concrete work is upcoming for new and existing trail sections. Fall River Trail Extension (FRT) work has included flatwork and backfilling; planning of improvements for access to Ponderosa Lodge; wood fencing on the back side of the trail; and installation of bridge, guard, and pedestrian rails. The final designs for Cleave Street Improvements (CSI) are now posted on the website project page. Although two easements were denied, the resulting design adaptation should not prolong the project. Wayfinding installation is underway for the Downtown Wayfinding Program (DWP). Some signage requires corrections to design or placement. For the Downtown Estes Loop (DEL) project, curb, gutter, and sidewalk has been poured along the west side of West Riverside Drive, and earthwork continues for the new retaining wall north of Fun City. Traffic patterns are being planned; Riverside Drive will soon reopen for one-way, eastbound flow. The Ivy Bridge, Crags Drive, and Moraine Avenue should open by the end of June. Flatiron Constructors, Inc. (FCI) proposed reconstructing the Post Office parking lot and wall this summer; given the necessity of this project, the TAB discussed at length before recommending that it begin in August or be delayed until May or summer 2024, depending on rainfall factors. Per Mountain Constructors, Inc. (MCI), flooding issues at the project site for the US 36/Community Drive Roundabout (CDRBT) have delayed the scheduled reopening of this intersection. To accommodate the July 5-10 Rooftop Rodeo, MCI will prep US 36 for two- Transportation Advisory Board – June 21, 2023 – Page 3 way traffic; additionally, the temporary traffic signal will allow longer green time in the eastbound lane. Director Muhonen briefed the TAB on the June 13 Town Board Study Session for 1% Sales Tax Renewal Components and Stormwater Considerations. The Town Board affirmed the staff’s proposal to direct 46% to street maintenance; 28% to stormwater planning; 17% to trails maintenance; and 9% to wildfire mitigation. Discussion points for all projects included the need for trail maintenance in the Scott Ponds area, for which Recording Secretary McDonald will place a work order; ideas for managing the recurring speed problems with e-bikes of all classifications on Town-owned and other area trails; and pedestrian safety concerns in relation to crosswalk specifications and designated locations. It was agreed that TAB members would undertake fact-finding about e-bike management needs in the community, and that Manager Solesbee would send a “connecting email” to Code Enforcement for monitoring of particularly vulnerable areas like Fisherman’s Nook. ADMINISTRATIVE UPDATE None. OTHER BUSINESS None. There being no further business, Chair Morris adjourned the meeting at 1:44 p.m. /s/Lani McDonald, Recording Secretary       UTILITIES DEPARTMENTS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Water Supervisor Northcutt, Acting Superintendent Wesley, Director Bergsten Date: August 8, 2023 RE: Decline to Exercise Right of First Refusal to Purchase Windy Gap Water Units (Mark all that apply) ☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☐ CONTRACT/AGREEMENT ☐ RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES X NO Objective: Staff’s objective is to support Platte River Power Authority’s (PRPA’s) public sale of water rights to help lower wholesale electric rate pressures. Present Situation: PRPA is selling “unfirmed”, i.e., no storage/reservoir to hold it, Windy Gap water units. The Town of Estes Park has a Right Of First Refusal (ROFR) to purchase these water units at market value, a minimum of $3.8 million for each unit of 100 acre-feet. The Town’s water portfolio does not require additional water rights. The Town’s existing portfolio includes enough water for the ultimate build-out, which is restricted by geography, National Forest, and the National Park. The Town’s water portfolio is complex and detailed in section one of our 2015 Comprehensive Water Master Plan. Proposal: Staff proposes the Town Board direct staff to decline to exercise its ROFR to purchase PRPA’s unfirmed Windy Gap water Units. Advantages: ● Allows PRPA publicly RFP for sale water rights without the ROFR limitation, which could deter buyers from participating. ● Wholesale electric rate pressure will be lowered because the proceeds from the sale will offset PRPA expenditures. ● Allows the growing front range municipalities an opportunity to secure water rights for future needs Disadvantages: ● None Action Recommended: Direct staff to decline to exercise the ROFR Finance/Resource Impact: N/A. Level of Public Interest Low Sample Motion: This item is on consent. If pulled from consent: I move for the approval/denial of directing staff to decline our ROFR to purchase Windy Gap water units from PRPA Attachments: 1. Right Of First Refusal Agreement 2. 2015 Water Master Plan Section 1, Water Rights ATTACHMENT 1 Town of Estes Park Page 7 Comprehensive Water Master Plan SECTION 1: WATER RIGHTS - SUMMARY OF CURRENT PORTFOLIO AND CONSIDERATIONS ASSOCIATED WITH POTENTIAL CHANGES TO WATER SYSTEM 1. INTRODUCTION The focus of this Comprehensive Water Master Plan is long term operational reliability, quality and efficiency. Changes to the water system were evaluated that allow the town to divert water from the Big Thompson River for treatment at either Glacier Creek Water Treatment Plant (GCWTP) or Mary’s Lake Water Treatment Plant (MLWTP). In support of this evaluation, FEI was asked to review the Town’s water rights portfolio and consider what adjustments may be required to operate new point(s) of diversion from the Big Thompson River. 2. WATER RIGHTS PORTFOLIO SUMMARY The Town’s water rights portfolio as of the date of this report includes a combination of contractual and direct flow water rights. These water rights are used through GCWTP and MLWTP to supply the Town’s water service area. Figure 1 presents a map showing the general location of the main components of the Town’s raw water system and decreed points of diversion of the Town’s water rights. The Town’s water rights are listed as follows, and detailed further within this report: Bureau of Reclamation Contract – 500 acre-feet (AF); Colorado Big Thompson Allotment – 1,217 units (1,217 AF); Windy Gap Allotment – 3 units (300 AF); Glacier Creek Pipeline – 2 cubic feet per second (cfs); Estes Park Town Company Pipeline and Estes Park Water Company Pipeline – 2 cfs total Estes Park Fall River Cascade Diversion – 1.55 cfs. 2.1. Bureau of Reclamation Contract (“Bureau Water”) The base of the Town’s water supply is 500 AF of water derived through a contract with the United States Department of the Interior’s Bureau of Reclamation (“Bureau”). This water is referred to as the “Bureau Water”. The details of this water supply, including the history, terms and conditions of the current contract, and potential risks are summarized below. ATTACHMENT 2 Town of Estes Park Page 8 Comprehensive Water Master Plan This page was left blank intentionally Date: 2/3/2015 File: DiversionPoints.mxd TOWN OF ESTES PARKWATER MASTER PLAN DIVERSION LOCATIONS AND WATER RIGHTS 3Q 3Q #* #* ! !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 Estes Park SanitationApproximate Point of Discharge Upper Thompson SanitationApproximate Point of Discharge Estes Park CascadeDiversion Glacier CreekDiversions Potential IntakeLocation 1 Potential IntakeLocation 2 Marys LakeWater Treatment PlantDiversion LAKE ESTES MARYSLAKE F i s h Cree k B u c k C r e e k Big ThompsonRiver B i g T ho m p s o n R iv er EastForkFishCreek FishCreek Beaver Br o ok B e a v e r Brook BlackCanyon Creek Fall R i v e r FallRiver FallRiver Big T h omp s o n R i v e r Asp e n B r o o k GlacierCr e e k M ill C r e e k Win d Riv er LittleThompsonRiver DryGu l c h UV7 UV66 £¤36 £¤34 £¤36 £¤34 £¤36 [0 2,000 4,000Feet00.5 1 Miles !!2 Diversion Points !Bureau Delivery &Recording Point #*WastewaterDischarge Point 3Q Water TreatmentPlant Streams Lakes CBT System Line Town Boundary Rocky Mtn NationalPark YMCA Boundary This product is for referencepurposes only and is not tobe construed as a legaldocument or surveyinstrument. Annual Amount Daily Limit (mgd) Annual Estimated Firm Yield1 Daily Estimated Firm Yield Point of Use 500 AF 500 AF Marys Lake WTP4 1,217 AF No daily mgd limit 608.5 AF2 No daily limit Marys Lake WTP4 3 Units (300 AF)No daily mgd limit 150 AF3 No daily limit Marys Lake WTP4 2 cfs 1,448 AF 1.29 m gd Glacier Creek WTP5 2 cfs 1,448 AF 1.29 m gd Glacier Creek WTP5 1.55 cfs 1,122 AF 1.0 m gd Fall River6 1. 2.3. 4. 5. 6. Note: 2014 treatment was 1,628 AF, 2034 projection is 2,348 AF M ust be moved through Water Court. Water Right Summary Table Estes Park Cascade Diversion Annual volume and maximum day volume requirements must be met. Limitations exist on these rights which reduce the yield.608.5 is based on a 50% quota.Requires "Integrated Operations" in Windy Gap Carriage contract, aka "In lieu program" (40 year contract signed 19 December 2014).Annual firm water at Marys WTP is 1,285 AF which is not enough to supply the Town, i.e. Marys WTP needs additional water to be reliable all year.M ax daily available water at Glacier WTP is 2.4 mgd, short of future demand, i.e. Glacier WTP needs additional water & expanded capacity to be reliable all year. Water Right Name Bureau of Reclamation ContractColorado Big Thompson Allotment Windy Gap Allotment Glacier Creek Pipeline Estes Park Town Company Pipeline and Estes Park Water Company Pipeline Loveland, CO | 970-667-0501www.invisiongis.com Town of Estes Park Page 10 Comprehensive Water Master Plan 2.1.1 Bureau Water - Current Contract Terms and Conditions The 1994 amendatory contract supersedes and replaces the 1939 agreement, and provides for the following terms and conditions:  The contract provides for annual water supply of 500 AF from November 1 through October 31, for 25 years after the execution of the contract (until 2019);  The Town has the option to renew the contract for an additional term of 25 years (taking the contract out until 2044) by written request to the Bureau two years prior to the 2019 expiration (written request due in 2017);  Prior to renewal, all terms and conditions can be renegotiated, excluding the 500 AF amount, which is not negotiable;  The water is to be delivered and measured at either the Estes Powerplant penstocks or the Mary’s Lake Powerplant Gatehouse;  A power interference fee will be assessed to the Town based on where the water is delivered, to compensate for reduced flows through the Bureau’s power plants; and  After the second 25-year period (in 2044), a new contract would need to be negotiated with the Bureau. At this point there is no guarantee of a 500 AF supply going forward. The Bureau Water supply is one-time use water that was previously challenged by the Town (and upheld by the court). Return flows resulting from the one-time use of this supply cannot be captured for re-use by the town. A summary of the pros, cons, annual yield, and location of delivery of the Bureau Water is presented in Table 4. Table 4. Bureau Water Summary of Key Information Pros Cons 500 AF/year (through 2044). Not subject to CBT quota. Low cost. System already in place for direct delivery to MLWTP. Contract renews in 2019 & 2044. No guarantee of 500 AF yield with 2044 contract renewal. Single use water. Based on current infrastructure, location of delivery limited to MLWTP. ANNUAL YIELD: 500 AF/year (Nov 1 – Oct 31) LOCATION OF DELIVERY: To be delivered and measured at the Estes Powerplant penstocks or the Mary’s Lake Powerplant Gatehouse 2.2. Colorado Big-Thompson Project Allotment The Town currently possesses a contract with Northern Colorado Water Conservancy District (“Northern Water”) for 1,217 units in the CBT Project. The CBT Project, originally constructed by the Bureau and managed by Northern Water, collects water from the upper Colorado River basin on the west slope of the continental divide, and delivers it across the divide to the highly populated areas of Colorado on the east slope. Eighty (80) percent of CBT Project water comes from snowmelt, and a complex system of reservoirs, pumping plants, tunnels, pipelines, and power plants helps convey the Town of Estes Park Page 11 Comprehensive Water Master Plan water across the continental divide. A figure showing the components of the CBT Project is presented in Figure 1. The Division 5 water rights associated with the CBT Project are listed below in Table 5. Table 5. Division 5 Colorado-Big Thompson Project Water Rights Decree Structure Source Appropriation Date Amount CA2782 CBT Alva B Adams Tunnel North Fork Colorado River 8/1/1935 550 cfs CBT Granby Pump Canal North Fork Colorado River 8/1/1935 1,100 cfs CBT Willow Creek Feeder Willow Creek 8/1/1935 400 cfs CBT Granby Reservoir North Fork Colorado River 8/1/1935 543,758 AF CBT Shadow Mtn Grand L North Fork Colorado River 8/1/1935 19,669 AF CBT Willow Creek Reservoir Willow Creek 8/1/1935 10,553 AF The CBT Project was designed to deliver 310,000 AF to its allottees on an annual basis, and there are 310,000 units of CBT Project water that are contracted by various irrigation, municipal, and industrial users on the east side of the continental divide. Annually, Northern Water determines the CBT “quota,” which is the percentage of the maximum allotment unit-holders can expect to receive that year. If the full 310,000 AF of yield is expected, that corresponds to a 100 percent quota and each stakeholder will receive 1 AF per unit of CBT Project Water. If the quota is 60 percent, only 186,000 AF of yield is expected, and stakeholders will receive 0.6 AF per unit of CBT Project Water. When the CBT Project was first realized, irrigators made up the vast majority of the stakeholders. For this reason, the annual quota was determined in April so that the yield was as certain as possible for the upcoming irrigation season. With more and more municipal and industrial entities obtaining units of CBT Project Water, in 2002 Northern Water saw fit to issue a conservative initial quota in November that would allow non-irrigation season users to better predict their CBT yield for the year. If additional water is to become available after the initial quota, a supplemental quota is offer ed in April, and if the quota requires further adjustment, an additional supplemental quota can be applied after that as well. For example, in 2008 the November quota was 60%, the April quota was 10%, and there was another supplemental quota in July for 10%, making for a total yearly quota of 80%. Based on the Town’s ownership of 1,217 units of CBT Project Water, this ownership could theoretically amount to 1,217 AF/yr but a 100% yearly quota has only occurred 10 times dating back to the beginning of the project in 1957. The average quota over the lifetime of the project has been 74% and the lowest quota was 50% and occurred in 1983, 1990, 1996, 1998 and 2003. Based on this information, it would be reasonable to expect the Town’s interest in CBT Project Water to be worth between 608.5-1,217 AF/yr. CBT Project Water is considered one-time use water. Return flows resulting from the one-time use of this supply cannot be captured for re-use by the town. A summary of the pros, cons, annual yield, and location of delivery of the CBT Project Water is presented in Table 6. Town of Estes Park Page 12 Comprehensive Water Master Plan Table 6. 1,217 CBT Project Units Summary of Key Information Pros Cons  Senior water rights.  Low cost.  Excess water can be rented and/ or transferred.  System already in place for direct delivery to MLWTP.  Annual yield is variable.  Single use water.  Based on current infrastructure, location of delivery limited to MLWTP. ANNUAL YIELD: 608.5 – 1,217 AF/year (Nov 1 – Oct 31) LOCATION OF DELIVERY: Currently delivered and measured at Mary’s Lake Powerplant Gatehouse 2.3. Windy Gap Project Allotment The Town was one of the original participants in the Windy Gap Project, and currently possesses 3 units with a maximum yield of 300 AF. The Windy Gap Project consists of a diversion dam on the Colorado River, a 445 AF reservoir, pumping plant, and six-mile pipeline to Lake Granby. Windy Gap water is stored in Lake Granby before it is delivered to water users via the CBT distribution system. The Division 5 water rights associated with the Windy Gap project are listed below in Table 7. Table 7. Division 5 Windy Gap Project Water Rights Decree Structure Source Appropriation Date Amount CA1768 Windy Gap Pump PL Canal Colorado River 6/22/1967 300 cfs (conditional) W-4001 Windy Gap Pump PL Canal Colorado River 7/9/1976 100 cfs (conditional) 80CW108 Windy Gap Pump PL Canal Colorado River 4/30/1980 200 cfs (conditional 89CW0298 Windy Gap Pump PL Canal Colorado River -- 600 cfs (absolute) CA1768 Windy Gap Reservoir Colorado River 6/22/1967 1,546.14 AF (conditional) 88CW169 Windy Gap Reservoir Colorado River -- 445.00 AF (absolute) The Windy Gap Project was designed to deliver an average of 48,000 AF/yr to participants, but if Lake Granby is full, Windy Gap water is the first to spill from the reservoir. This can lead to Windy Gap supplies being unreliable during wet years or any other time when Lake Granby is approaching full capacity. The existing Windy Gap Reservoir was not intended for water storage, but acts as a forebay for water before it is pumped to Lake Granby. The permits and legal decrees for the project permit it to divert a maximum of 90,000 AF/yr, and Northern Water is attempting to firm up Windy Gap supplies with the proposed Windy Gap Firming Project, which would include the proposed 90,000 AF Chimney Hollow Reservoir that is exclusively for storing Windy Gap Project water. There are a total of 480 units of Windy Gap water. Each unit corresponds to 100 AF of potential yield. The Town owns 3 units, or 300 AF maximum yield, of the total. At the present time, the supply of Windy Gap is not firm. The Town’s interest in Windy Gap is presently worth 300 AF on an annual basis. Until Chimney Hollow Reservoir is built there is potential a potential reduction in the 300 AF. Town of Estes Park Page 13 Comprehensive Water Master Plan Windy Gap water is considered reusable. Provided the Town can maintain dominion and control of return flows, those return flows can be utilized by the Town for other decreed uses. The return flows are at the two sewer district plant discharges. A summary of the pros, cons, annual yield, and location of delivery of the Windy Gap water is presented in Table 8. Table 8. 3 Units Windy Gap Summary of Key Information Pros Cons  Senior water rights.  Fully consumable source.  Excess water can be rented and/ or transferred.  System already in place for direct delivery to MLWTP.  Annual yield is variable.  Based on current infrastructure, location of delivery limited to MLWTP.  High cost. ANNUAL YIELD: 0* – 300 AF/year (Nov 1 – Oct 31) * When the carriage contract for Integrated Operations is finalized, the firm yield of the Windy Gap source of water will increase to approximately 150 AF/YR. LOCATION OF DELIVERY: Currently delivered and measured at Mary’s Lake Powerplant Gatehouse 2.4. Glacier Creek Pipeline Direct Flow Right A water right for the Glacier Creek Pipeline was adjudicated on November 14, 1939 in Civil Action No. 10077. Water rights for Estes Park Town Company Pipeline and Estes Park Water Company Pipeline Extension were also decreed in this general adjudication. In CA 10077, the Town of Estes Park was awarded a conditional water right for the Glacier Creek Pipeline in the amount of 2 cfs for domestic and irrigation purposes. The appropriation date for the Glacier Creek Pipeline water right is May 20, 1925. It is our understanding that the Glacier Creek Pipeline conditional water right was made absolute on April 15, 1942. A summary of the decree information for the Glacier Creek Pipeline direct flow water right is presented in Table 8. Relative to other water rights in the South Platte Basin, the water right for Glacier Creek Pipeline is relatively junior. To maximize the use of this water right as a source of water for the Town of Estes Park, the Glacier Creek Pipeline water right was included in the Town of Estes Park Augmentation Plan, decreed in Case 97CW0126. The details of this augmentation plan are described in further detail below. 2.5. Estes Park Cascade Diversion Direct Flow Right Case No. 90CW206 appropriated an absolute water right for the Estes Park Cascade Diversion priority, as well as a 3.45 cfs conditional water right for an enlargement. Diligence for the 3.45 cfs conditional water right was established in Case No. 98CW244. No diligence was filed subsequent to Case No. 98CW244 and it is our understanding that this conditional water right has been abandoned. The source of water for the Estes Park Cascade Diversion is Fall River. The absolute water right in the amount of 1.55 cfs has an adjudication date of December 31, 1990 and an appropriation date of December 31, 1959. The decreed uses for the Estes Park Cascade Diversion water right are all municipal uses, including irrigation of golf courses and parks and other lands served by the Town’s municipal water system, firefighting, domestic, commercial, industrial and piscatorial. A summary of the decree information for the Estes Park Cascade Diversion direct flow water right is presented in Table 8. Town of Estes Park Page 14 Comprehensive Water Master Plan Relative to other water rights in the South Platte Basin, the water right for Estes Park Cascade Diversion is very junior. The Estes Park Cascade Diversion is included as an “exchange to point” in the Town of Estes Park Augmentation Plan, decreed in Case 97CW0126. The details of this augmentation plan are described in further detail below. Based on our review of the publically available information related to Estes Park Cascade Diversion, it does not appear that an alternate point of diversion has been decreed for this water right. 2.6. Estes Park Town Company Pipeline and Estes Park Water Company Pipeline Extension Direct Flow Rights The Estes Park Town Company Pipeline was originally decreed for irrigation and domestic use in the amount of 2.00 cfs in Civil Action No. 10077; having an adjudication date of November 14, 1939 and an appropriation date of September 25, 1905. The source of water for the original adjudication of the Estes Park Town Company Pipeline was Black Canyon Creek, a tributary of the Big Thompson River. The Estes Park Water Company Pipeline Extension was originally decreed for irrigation and domestic use in the amount of 1.73 cfs in Civil Action No. 10077; having an adjudication date of November 14, 1939 and an appropriation date of November 9, 1911. The source of water for the original adjudication of the Estes Park Town Company Pipeline was Black Canyon Creek, a tributary of the Big Thompson River. A summary of the original decree information for Estes Park Town Company Pipeline and Estes Park Water Company Pipeline Extension direct flow water rights is presented in Table 9. The Town of Estes Park Augmentation Plan, decreed in Case 97CW0126, included a change of water rights for the Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline Extension water rights. The changes decreed for these water rights in Case 97CW0126 included a change in point of diversion to the Glacier Creek Pipeline on Glacier Creek and a reduction in the total amount of diversion under the two rights to be limited to 2.00 cfs. The use of these water rights in the Town of Estes Park Augmentation Plan is further described below. Table 9. Decree Information for Park Direct Flow Water Rights Name WDID Source Adjudication Date Appropriation Date Decreed Use Amount Glacier Creek Pipeline 0400648 Glacier Creek 11/14/1939 5/20/1925 Domestic, Irrigation 2.0 cfs Estes Park Cascade Diversion 0400700 Fall River 12/31/1959 12/31/1959 “Municipal purposes, including irrigation of golf courses and parks and other lands served by the Town’s municipal water system, firefighting, domestic, commercial, industrial and piscatorial”. 1.55 cfs Estes Park Town 0400564 Black Canyon Creek 11/14/1939 9/25/1905 Domestic, irrigation, and “manufacturing and mechanical uses 2.0 cfsa/ Town of Estes Park Page 15 Comprehensive Water Master Plan Name WDID Source Adjudication Date Appropriation Date Decreed Use Amount Company Pipeline ordinarily made of a municipal water supply” Estes Park Water Company Pipeline Extension 0400661 Black Canyon Creek 11/14/1939 11/9/1911 Domestic, irrigation, and “manufacturing and mechanical uses ordinarily made of a municipal water supply” 1.73 cfsa/ a/ Per Case No. 97CW0126, the total diversion amount under these two rights is limited to 2.00 cfs. 3. AUGMENTATION PLAN - CASE NO. 97CW0126 The direct flow water rights owned by the Town of Estes Park are junior relative to downstream water rights on the South Platte River. As such, these water rights alone do not provide a reliable municipal supply. In 1997, the Town of Estes Park filed an application in Water Court for an augmentation plan that would allow the Town to continue taking delivery of its direct flow water rights even when being curtailed by downstream senior water rights in Division 1. The Town of Estes Park Augmentation Plan, decreed in Case No. 97CW0126, allows for three separate claims. Together, these three claims allow for the Town to divert native water out -of-priority for municipal use and replace any depletions so that downstream water rights are not injured. The three components included in Case No. 97CW0126 are:  A change of water rights for Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline Extension,  A plan for augmentation, and  A conditional right of substitution and exchange. The water district identifier used by the State Engineer’s Office to track the Town of Estes Park Augmentation Plan is 0407000. As described above, the change of water rights for Estes Park Town Company Pipeline and the Estes Park Water Company Pipeline Extension included a change in point of diversion to the Glacier Creek Pipeline on Glacier Creek and a reduction in the total amount of diversion under the two rights to be limited to 2.00 cfs. The decree in Case No. 97CW0126 includes a number of terms and conditions relating to this change of water right, including but not limited to:  The total amount of diversion of the water rights will not exceed 2.00 cfs,  The in-priority diversion of the two water rights will be made exclusively at the Glacier Creek point of diversion and not at the original points of diversion, and  Diversion of the water rights at the Glacier Creek point of diversion is to be limited to the amount of water physically available in priority at the original points of diversion. The plan for augmentation decreed in Case No. 97CW0126 is the crux of the Town’s municipal water supply operations; the plan allows for diversions of native water through the Town’s water system at times Town of Estes Park Page 16 Comprehensive Water Master Plan when those diversions would otherwise be out of priority. The source of augmentation water for the Town’s Augmentation Plan is the Town’s Windy Gap Project water. There are some specific aspects of the augmentation plan worth noting:  When the direct flow water rights are diverted out-of-priority, the amount of water the Town must replace is calculated as the product of the out-of-priority diversion and the monthly depletion factor shown in Table 9. Table 10. Depletion Factors Decreed in the Town's Augmentation Plan Month Depletion Factor Month Depletion Factor Jan 6% Jul 13% Feb 6% Aug 11% Mar 6% Sep 10% Apr 7% Oct 8% May 12% Nov 6% Jun 17% Dec 6%  When diverting out-of-priority, the Town is required to maintain accounting showing the daily diversion and replacement requirements. At the end of each month the Town is to transfer an amount of Windy Gap water equal to the out-of-priority depletion for the past month. However, during the period of June 1st through September 30th of each year, at the request of the Water Commissioner, the Town shall transfer the amount of Windy Gap water equal to the daily out-of- priority depletion on a daily basis.  On average, the depletion factor for the Town’s replacement requirement is 9%; meaning, for every 1 AF diverted out-of-priority, the Town must use 0.09 AF of Windy Gap water to satisfy the replacement requirements. Applying the same logic, an allocation of 200 AF of Windy Gap water would allow for the out-of-priority diversion of approximately 2,222 AF.  Whenever the calling water right is decreed to the Foothills Conduit, the Town must provide replacement water from sources that deliver to the Big Thompson River upstream of the diversion point for the Foothills Conduit; The third component of Case No. 97CW0126 is the exchange. The exchange exists so that Windy Gap Project water delivered at either of the two points described above can be exchanged for diversions taking place at the Town’s intakes. The exchange was decreed as a conditional water right at a maximum rate of 6.2 cfs with an appropriation date of March 31, 1997. The exchange from points include the Estes Park Sanitation District Wastewater Treatment Plant outfall and the Upper Thompson Sanitation District outfall. The exchange to points are the Estes Water Park Systems Intakes (any of the diversion points identified above). 4. TOWN LEASES TO OTHER WATER USERS In considering the supply of water that the Town of Estes Park has available to meet its municipal demand it is important to consider the commitments that the Town has made to supply water to other entities. The Town currently leases a portion of its water supplies to other water users. Because the source of supply for these commitments is Windy Gap water, and Windy Gap water is fully consumable, these leases can be satisfied by direct delivery of Windy Gap water or second use of the Windy Gap supply. Second use of the Windy Gap supply is the return flow component of Windy Gap water delivered through the Town’s municipal water supply system. A summary of these leases is provided below in Table 11. Town of Estes Park Page 17 Comprehensive Water Master Plan Table 11. Town Leases of Water Supplies to Other Users Entity Source Amount Expiration Date Terms Cheley Colorado Camps, Inc. Windy Gap Project 8 AF December 31, 2032 Released monthly from Lake Estes or by exchange at MLWTP May - Oct Continental Water Bank, Inc. Windy Gap Project 8 AF September 27, 2025 Released by exchange in May Requires coordination w/ NCWCD Glacier View Water System, Inc. Windy Gap Project 1 AF December 2, 2023 Released by exchange in May Requires coordination w/ NCWCD Mary’s Lake Campground Well Windy Gap Project 1 AF September 27, 2031 Released monthly from Lake Estes or by exchange at MLWTP May – Oct 5. HISTORY OF WATER USE For the purpose of administering the Town’s augmentation plan in Case 97CW0126, an accounting form was prepared. Among other things, this accounting form tracks the amount of water delivered to the water treatment plants for treatment and the amount of Bureau Water, Windy Gap water, and CBT water used by the Town. Table 11 and Figure 2 below present the annual amount of water delivered for treatment at the two water treatment plants in the Town of Estes Park, MLWTP and GCWTP. The ramp up between 2004 and 2006 is likely the delayed response of water demand increasing following the 2002 drought. Since 2006, the demand for water and therefore the amount of water delivered to the Town’s treatment plants has ranged from 1,500 AF/year to 1,646 AF/year. Table 12. Delivery of Water to MLWTP and GCWTP Irrigation Year Water Delivered to MLWTP (AF) Water Delivered to GCWTP (AF) Total Water Delivered to WTPs (AF) 2004 749.3 706.5 1,455.8 2005 592.4 992.7 1,585.1 2006 653.4 1,015.6 1,669.0 2007 617.9 1,031.5 1,649.4 2008 626.0 992.9 1,618.9 2009 235.1 1,272.7 1,507.8 2010 816.3 792.3 1,608.6 2011 1,130.4 493.1 1,623.6 2012 649.2 996.8 1,646.0 2013 806.6 772.9 1,579.5 2014 802.7 830.7 1,633.4 Town of Estes Park Page 18 Comprehensive Water Master Plan Figure 2. Estes Park Annual WTP Delivery Table 13 and Figure 3 below present the annual use of Bureau Water, Windy Gap water, and CBT sources. With the exception of 2009, when the MLWTP was offline for construction, the Town relies upon the Bureau Water as the main source of supply at MLWTP Table 13. Annual Use of Bureau Water, Windy Gap Water, and CBT Water Irrigation Year Bureau Water (AF) Windy Gap Water (AF) CBT Sources (AF) Sum of Bureau Water, Windy Gap, and CBT (AF) 2004 500.2 90.7 159.9 750.8 2005 488.0 108.1 22.4 618.5 2006 500.1 163.9 38.0 702.0 2007 500.0 123.2 22.1 645.3 2008 500.3 126.4 27.5 654.2 2009 162.2 128.2 0.0 290.4 2010 500.1 92.4 223.1 815.6 2011 499.1 30.9 549.7 1,079.6 2012 500.0 84.3 104.0 688.3 2013 499.8 90.8 254.4 845.0 2014 499.9 69.4 232.9 802.3 Average 468.2 100.8 148.5 717.5 Town of Estes Park Page 19 Comprehensive Water Master Plan Figure 3. Annual Use of Bureau Water, Windy Gap Water, and CBT Water As described above, in an average year the Bureau Water, Windy Gap water, and CBT water could yield approximately 1,552 AF (assumes 500 AF for Bureau Water, 200 AF for Windy Gap, and 852 AF for CBT supply). This number represents the average annual amount of water that could be available for treatment at MLWTP. Between 2004 and 2013, the average annual amount of water treated at the MLWTP was 717.5 AF/year. Based on the average annual supply of the Bureau Water, Windy Gap water, and CBT water, there could be as much as an additional 835 AF or water available for treatment at MLWTP. This analysis does not consider the treatment capacity of MLWTP or available capacity in the distribution system served by MLWTP. 6. CONSIDERATIONS FOR FUTURE USE To address future water demands in Estes Valley, the Town is considering construction of a new point of delivery off the Big Thompson River. The purposes of the new point of delivery would be to provide redundancy in the system and allow for sources traditionally treated at GCWTP to be able to be treated at MLWTP, and vis-versa, for sources traditionally treated at MLWTP to be able to be treated at GCWTP. Based on our review of the Town’s water rights, the following is a list of items that should be further considered as part of the investigation into this change.  According to the November 23, 1994 Amendatory Contract, it appears that the Bureau Water is to be delivered and measured at either the Estes Powerplant penstocks or the Mary’s Lake Powerplant Gatehouse. Other than delivering and measuring at either of these points, there do not appear to be any limits on the place of treatment for the water. It is our recommendation that the Town obtain a legal opinion as to if the Bureau Water can be treated at GCWTP if it is first measured at one of the two delivery points.  If Bureau Water can be treated at GCWTP, two mechanisms to get the water to a new point of delivery would be exchange or trade. Based on our review of the decree entered in Case 97CW0126, it is not clear if the Bureau Water or the CBT water can be used in the exchange decreed in 97CW0126. If these sources of water cannot be used in the existing exchange, a new water court case could be filed that would allow for the exchange of Bureau Water and CBT water up to the Glacier Creek pipeline diversion or a new point of diversion off Big Thompson Town of Estes Park Page 20 Comprehensive Water Master Plan River. In the alternative, the Town, in connection with NCWCD, may be able to structure a trade whereby NCWCD would make water available to the Town in Glacier Creek or Big Thompson Creek upstream of the future point of diversion and the Town would then make water available to NCWCD in Lake Estes. Provided NCWCD has a source of water it can reliably make available to the Town upstream of the Town’s point of diversion, such a trade may be able to operate without a water court proceeding.  The locations of the new points of delivery off the Big Thompson River currently being considered are within the exchange reach conditionally decreed in Case 97CW0126. In reviewing the final decree in this case, it is not clear if water can be diverted be exchange at point that is in between the decreed exchange-to and exchange-from point. It is our recommendation that the Town obtain a legal opinion on this matter.  Based on our review of the final decree in Case 97CW0126, it appears that the exchange utilized by the Town was decreed as conditional and never made absolute. Based on accounting reviewed in support of this analysis, it appears that the exchange has been operating since at least 2009. It is our recommendation that the Town obtain a legal opinion as to the status of the exchange.  Prior to filing any water court application for a new alternate point of diversion for the Town’s existing portfolio of water rights, a legal opinion should be obtained concerning the potential for re-quantification of the water rights and the impact such re-quantification could have on the Town’s existing decreed augmentation plan. Town of Estes Park Page 21 Comprehensive Water Master Plan This page intentionally blank. TOWN CLERK’S OFFICE Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: August 8, 2023 RE: Appointments to the Estes Park Planning Commission of David Shirk for a term expiring March 31, 2024, and Charles Cooper for a term beginning August 16, 2023 and expiring March 31, 2028. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the appointments recommended by the interview committee for the Estes Park Planning Commission. Present Situation: The Town Clerk’s Office advertised for the vacant positions on the Estes Park Planning Commission. Three applications were received and the interview committee, consisting of Trustees Hazelton and MacAlpine, conducted interviews on July 24, 2023. Proposal: The interview committee recommends the appointment of David Shirk to complete the term of Joe Elkins expiring March 31, 2024, and the appointment of Charles Cooper to complete the term of Howard Hanson beginning August 16, 2023 and expiring March 31, 2028. David worked as a Planner for the Town of Estes Park from 2000 to 2015 and is currently an Adjunct Professor in Sustainable Planning and Urban Design at the University of Colorado. He was a member of the Estes Park Comprehensive Plan Advisory Committee. Charles is a retired Health Care Administrator with a Pharmacy background, working on non-profit health systems. He was also a member of the Estes Park Comprehensive Plan Advisory Committee. Advantages: Filling the positions would complete the five-member commission. Disadvantages: If the appointments are not made, the positions would remain vacant until additional applications are received, and interviews conducted. Action Recommended: Appoint David Shirk to a term expiring March 31, 2024 and Charles Cooper to a term beginning August 16, 2023 and expiring March 31, 2028. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointments to the Estes Park Planning Commission of David Shirk for a term expiring March 31, 2024, and Charles Cooper for a term beginning August 16, 2023 and expiring March 31, 2028. Attachments: None. RESOLUTION 69-23 SETTING THE PUBLIC HEARING FOR A NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR TWISTED GRIFFIN PUB & RESTAURANT DBA TWISTED GRIFFIN PUB & RESTAURANT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New HOTEL & RESTAURANT Liquor License, filed by TWISTED GRIFFIN PUB & RESTAURANT DBA TWISTED GRIFFIN PUB & RESTAURANT, 247 W. Elkhorn Avenue, Estes Park, Colorado, is July 21, 2023. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, August 22, 2023, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.25 miles, as measured from the center of the applicant's property. DATED this day of , 2023 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM Town Attorney POLICE DEPARTMENT Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Dave Hayes, Police Chief Date: August 8, 2023 RE: Resolution 70-23: Approving the Fifth Amended Intergovernmental Agreement for the Establishment of the Larimer Emergency Telephone Authority (Mark all that apply) ☐PUBLIC HEARING ☐ORDINANCE ☐ LAND USE☒CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER______________ QUASI-JUDICIAL ☐ YES ☒ NO Objective: The Town of Estes Park (EP) and the Larimer Emergency Telephone Authority (LETA) desire to amend the Fourth Amended Intergovernmental Agreement of the Larimer Emergency Telephone Authority. This Amendment will allow LETA’s jurisdiction to include Jackson County on the terms and conditions set forth in the proposed Fifth Amended IGA and to add Jackson County as a thirty-first signatory to LETA’s IGA. Present Situation: Jackson County currently has their own emergency telephone authority and would like to join LETA for Operational and mutual-aid reasons. Jackson County is a county adjacent to Larimer County. Proposal: To enter into this agreement. Advantages: This Fourth Amended Agreement expands LETA’s jurisdiction to include Jackson County on the terms and conditions set further in the proposed Fifth Amended IGA. And to provide on-going mutual aid. Disadvantages: Currently, no negatives. Action Recommended: Staff recommends approval of Resolution 70-23. Finance/Resource Impact: No impacts Level of Public Interest Staff believes that this topic is of moderate interest to the members of the community. Motion: I move to approve Resolution 70-23. Attachments: 1. Resolution 70-23 2.Fifth Amended Intergovernmental Agreement of Larimer Emergency Telephone Authority RESOLUTION 70-23 A RESOLUTION APPROVING THE FIFTH AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF THE LARIMER EMERGENCY TELEPHONE AUTHORITY WHEREAS, the Town of Estes Park is one of thirty signatories to the Fourth Amended Intergovernmental Agreement (“IGA”) of the Larimer Emergency Telephone Authority (“LETA”) establishing LETA as a separate legal entity for the purpose of providing emergency telephone service and emergency notification service; WHEREAS, the Fourth Amended IGA of LETA states that the IGA may be amended upon an affirmative vote of three-quarters (3/4) of the signatories; and WHEREAS, the Board of Trustees desires to amend the Fourth Amended IGA of LETA to expand LETA’s jurisdiction to include Jackson County and to add Jackson County as a signatory to the IGA. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the amended intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. DATED this day of , 2023. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney ATTACHMENT 1 1 FIFTH AMENDED INTERGOVERNMENTAL AGREEMENT FOR THE ESTABLISHMENT OF LARIMER EMERGENCY TELEPHONE AUTHORITY This Fifth Amended Intergovernmental Agreement (“ Agreement”) is entered into effective November 1, 2023, by and between the following political subdivisions and public entities of the State of Colorado, which are referred to herein collectively as “Parties” and are referred to herein individually by name or as “Party.” Counties (2) /Cities (2) /Towns (6) County of Larimer County of Jackson City of Fort Collins City of Loveland Town of Berthoud Town of Estes Park Town of Johnstown Town of Timnath Town of Wellington Town of Windsor Hospital/Health Services Districts (3) Health District of Northern Larimer County Park Hospital District Thompson Valley Health Services District State (1) Colorado State University Fire Authorities (2) Loveland Fire Rescue Authority Poudre Fire Authority Fire Protection Districts (15) Allenspark Fire Protection District Berthoud Fire Protection District Crystal Lakes Fire Protection District Estes Valley Fire Protection District Front Range Fire Rescue Fire Protection District f/k/a Johnstown Fire Protection District) Glacier View Fire Protection District Livermore Fire Protection District Loveland Rural Fire Protection District Lyons Fire Protection District Pinewood Springs Fire Protection District Poudre Canyon Fire Protection District Poudre Valley Fire Protection District Red Feather Lakes Fire Protection District Wellington Fire Protection District Windsor-Severance Fire Protection District WHEREAS, on or about November 14, 1990, multiple political subdivisions entered into an “Intergovernmental Agreement concerning the implementation of an E-911 Emergency Telephone Service” (“the IGA”) to form a separate legal entity to serve as a governing body to provide emergency telephone service and to establish, collect, and disperse the emergency telephone charge in Larimer County, and they named the new entity Larimer Emergency Telephone Authority (“LETA”); WHEREAS, the IGA was thereafter amended four times effective July 7, 1999, April 5, 2002, July 21, 2009, and November 1, 2021, with the November 1, 2021 amendment being known as the “Fourth Amended IGA”; WHEREAS, in Larimer County, there are also three volunteer fire departments organized as nonprofit corporations under Colorado law, which are not signatories to the IGA: Glen Haven Area Volunteer Fire Department, Rist Canyon Volunteer Fire Department, and Volunteer Fire Department of Big Elk. ATTACHMENT 2 2 WHEREAS, in April of 2023, the Jackson County Sheriff’s Office reached out to LETA for advice and counsel on matters related to emergency telephone service and emergency notification service within Jackson County, Colorado; WHEREAS, after some initial exploratory conversations and subsequent due diligence, the Jackson County Board of County Commissioners made a formal request that LETA’s jurisdiction be expanded to include Jackson County and that Jackson County become an additional signatory to LETA’s IGA; WHEREAS, subject to an affirmative vote of three-quarters (3/4) of the thirty (30) signatories to the Fourth Amended IGA, the Parties desire to update the IGA, as amended, to reflect the expansion of LETA’s jurisdiction to include Jackson County and the addition of Jackson County as a signatory to LETA’s IGA; WHEREAS, the Parties are authorized by Colorado statute (Title 29, Article 11, Part 1) to enter into a contract to establish a separate legal entity that serves as a governing body for the purpose of providing emergency telephone service and to establish and collect an emergency telephone charge in the jurisdiction; WHEREAS, the Colorado Constitution (Article XIV, Section 18) and Colorado statutes Title 29, Article 1, Part 2) permit and encourage governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with each other; and WHEREAS, C.R.S. § 29-1-203 authorizes government, as defined in C.R.S. § 29-1-202, to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units if: 1.such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and 2.any such contract shall set forth fully the purposes, powers, rights, obligations, and the responsibilities, financial and otherwise, of the contracting parties and may provide for the joint exercise of the function, service, or facility, including the establishment of a separate legal entity to do so. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the Parties agree as follows: I. PREAMBLE The Parties agree that the recitals set forth above are true and correct and those recitals are hereby incorporated into the body of this Agreement. 3 II. SUPERSEDING PRIOR AGREEMENTS The Parties agree that this Agreement shall supersede the IGA dated November 14, 1990, the amendments thereto dated July 7, 1999, April 5, 2002, July 29, 2009, and the Fourth Amended IGA. III. DEFINITIONS As used herein: A.The definitions for the following terms shall be the same as set forth in C.R.S. § 29-11- 101, as may be amended: “emergency telephone charge,” “911 access connection,” “911 call,” 911 surcharge,” “emergency notification service” “emergency service provider,” “public agency,” “public safety answering point” (“PSAP”), which is interchangeable with emergency communications center (“ECC”), “service supplier,” and “service user.” B. “Agreement” means this Fifth Amended Intergovernmental Agreement for the Establishment of Larimer Emergency Telephone Authority; C.“Board” means the Board of Directors described in Section V in which the powers of the Governing Body are vested. D.“Bylaws” means the bylaws of the Governing Body as described in Section V(7). E.“Emergency telephone service” means the receipt and processing of 911 calls by the PSAP for the purpose of providing responses from emergency service providers, and may include providing 911 call-related applications, services, programs, and systems. F. “Governing Body” means Larimer Emergency Telephone Authority, per the definition set forth in C.R.S. § 29-11-101(16), as may be amended. G.“Governing Body's jurisdiction” means within the combined geographic boundaries of Larimer County and Jackson County, per the definition set forth in C.R.S. § 29-11-101(17), as may be amended. The Governing Body's jurisdiction differs from the Governing Body’s emergency telephone service area. H.“Governing Body’s emergency telephone service area” means the collective boundaries of the emergency service providers that are used by the PSAPs for call routing and emergency response. I.“Parties” means the signatories hereto, but, in the future, will not include any Party after the effective date of such Party’s withdrawal in accordance with Section X, and will include any new signatory admitted to this Agreement by the Board in accordance with Section VI(2)(q). 4 J.“Proportional basis” as used in Section X(3) means a percentage determined by the following formula: the number of 911 access connections within each boundary of the Identified Political Subdivisions divided by the total number of 911 access connections in Larimer County. The Board shall determine the data to use for this calculation based on the Board’s determination of the most reliable source(s) and representative timeframes. For the purpose of this definition only: (1) “Identified Political Subdivisions” means Larimer County and each city and town that is a Party, and excludes Jackson County, and (2) the boundary of Larimer County means within the unincorporated areas of the County. If, at the time of the calculation, Larimer County, a city, or a town is not a Party, then the Board shall establish the formula to allocate its percentage among the Identified Political Subdivisions who are Parties. IV. ESTABLISHMENT OF LARIMER EMERGENCY TELEPHONE AUTHORITY The Parties establish the separate legal entity and Governing Body known as Larimer Emergency Telephone Authority (“LETA”). The Governing Body may have also been referred to in prior intergovernmental agreements as the Larimer County Emergency Telephone Authority, which is hereby corrected. The Governing Body is created as a nonprofit, public entity established pursuant to C.R.S. §§ 29-1-203 and 29-11-102(1)(b), as may be amended. The Parties intend that the Governing Body be formed under the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101 through 120, as may be amended, and meet the Act’s definition of a “public entity.” The Parties further intend that the Governing Body meet the definition of a “nonprofit organization” under C.R.S. § 13-21-115.5, as may be amended (the Volunteer Service Act), C.R.S. § 13-21- 115.7, as amended, and C.R.S. § 13-21-116, as may be amended. The Governing Body is an independent legal entity, separate and distinct from the Parties. No debt, liability, or obligation of the Governing Body shall extend to or be an obligation of a Party, unless agreed to in writing. The Governing Body is responsible for the installation, administration, management, operation, maintenance, upgrade, and enhancement of emergency telephone service and emergency notification service in the Governing Body’s jurisdiction. The Parties will provide reasonable assistance and cooperation to the Governing Body as it carries out the functions, services, and facilities described in this Agreement for the Parties. The Parties believe that governing bodies created pursuant to Part 1 of Title 29, Article 11, including the Governing Body, are not subject to the revenue and spending limitations imposed by Article X, Section 20 of the Colorado Constitution ("Amendment 1"), and, to the extent that Amendment 1 may be deemed to apply to governing bodies, the Governing Body created hereby shall operate as an enterprise within the meaning of Amendment 1 and shall thereby be exempt from all revenue and spending limitations imposed by said Amendment. The Governing Body is formed in conformity with C.R.S. § 29-1-203.5. The provisions of 5 C.R.S. § 29-1-203.5 apply to the Governing Body. A Party whose boundaries include portions of Larimer County and another county may be signatories on another intergovernmental agreement related to emergency telephone service and emergency notification service in such other county. V. THE BOARD OF DIRECTORS 1.Board. The business and affairs of the Governing Body shall be managed by a Board of Directors consisting of eight (8) directors, each serving without compensation. The Board shall have the power to perform all acts necessary, to fulfill the purposes for which the Governing Body was established, whether express or implied. 2.Qualifications of Directors. Each director shall be either (a) a resident of Larimer County, or (b) an elected official in or full-time employee of a Party with an established scope of responsibility and delegated authority to make and implement policy-making or management-level decisions for the Party. 3.Appointment to the Board. Each director shall be appointed as follows: a.The Larimer County Board of County Commissioners shall choose one (1) individual who meets the qualifications to serve as the director to represent Larimer County. The Larimer County Board of County Commissioners may determine the method for appointment from time to time and shall give to the Governing Body notice of any change in its method for appointment. b.The Jackson County Board of County Commissioners appoints the Jackson County Sheriff, or the Sheriff’s designee who meets the qualifications to serve as the director, to represent Jackson County. c.The City of Fort Collins appoints the City Manager or the City Manager’s designee as its one (1) individual who meets the qualifications to serve as the director to represent the City of Fort Collins. The City Council of the City of Fort Collins may change its method for appointment from time to time and shall give to the Governing Body notice of any change in its method for appointment. d.The City Council of the City of Loveland shall choose one (1) individual who meets the qualifications to serve as the director to represent the City of Loveland. The City Council of the City of Loveland may determine the method for appointment from time to time and shall give to the Governing Body notice of any change in its method for appointment. e.The Town of Estes Park appoints the Town Administrator or the Town Administrator’s designee as its one (1) individual who meets the qualifications to serve as the director to represent the Town of Estes Park. The Board of Trustees of the Town of Estes Park 6 may change its method for appointment from time to time and shall give to the Governing Body notice of any change in its method for appointment. f.The Board as then-comprised at the time of the appointment shall solicit nominees, nominate individually or as a slate, and appoint three (3) additional qualified directors as follows: 1.A director to represent the Parties that are fire districts and fire authorities; 2.A director to represent the Parties that are hospital and health services districts; and 3.A director to represent the Parties that are Colorado State University and towns not otherwise represented on the Board, with preference given to a Party with a PSAP. 4.Term and Removal. Directors shall serve a term of two (2) calendar years. There is no prohibition on consecutive terms or on the number of terms. A director may be removed if permitted by and pursuant to the procedures set forth in the Bylaws. 5.Voting and Quorum. Each director shall have one (1) vote. No proxy voting shall be permitted. A quorum of the Board shall consist of four (4) directors, except that, should there be four (4) or more vacancies at any time, then during that time, a quorum shall consist of three (3) directors. No official action may be taken by the Board on any matter unless a quorum is present. The affirmative vote of a majority of the Board shall be required for the Board to take action. 6.Vacancy. Any vacancy occurring as a result of a director’s resignation, removal, death, disqualification, or any other reason shall be filled for the balance of that director’s unfinished term in accordance with the applicable provision of the appointment process set forth in Section V(3). 7.Bylaws. The Board has promulgated Bylaws detailing all governance matters it deems necessary, including but not limited to: the scheduling and conduct of Board meetings, voting, and director removal; establishment and responsibilities of officer positions, their terms, and the filling of any vacancies; the establishment and responsibilities of committees; and Governing Body operating and fiscal procedures. Such Bylaws may be amended by the Board in accordance with the procedures set forth therein. In the event of a conflict, direct or indirect, between a provision in the Bylaws and this Agreement, this Agreement shall control. VI. POWERS OF THE GOVERNING BODY 1.Plenary Powers. The Governing Body may carry out all purposes of this Agreement and may exercise all powers related thereto, including all incidental, implied, expressed, or such other powers as necessary, except as expressly limited in this Agreement. The Governing Body shall not have the power to levy taxes or the power of eminent domain. 2.Enumerated Powers. Without in any way limiting the plenary powers set forth in subsection (1) above, the Governing Body is specifically authorized to undertake all actions for the installation, administration, management, operation, maintenance, upgrade, and enhancement 7 of emergency telephone service and emergency notification service within the Governing Body's jurisdiction that the Governing Body believes are necessary and appropriate and consistent with applicable law, including but not limited to: a.imposing, collecting, and auditing all charges and surcharges in the Governing Body’s jurisdiction as set forth in Part 1 of Title 29, Article 11, as may be amended, and expending such funds as authorized by statute and this Agreement. b.owning, operating, maintaining, leasing (as Lessor or Lessee), selling, or otherwise disposing of any legal or equitable interest in real and personal property. c.adopting budgets, maintaining bank accounts, and investing funds. d.carrying over funds which have not been used in a given fiscal year to the following fiscal year. e.negotiating, entering into, amending (if necessary), and performing contracts. f.adopting, reviewing, and amending the Bylaws and passing resolutions not in conflict with this Agreement. g.adopting, reviewing on an annual basis, and amending (if necessary) the Governing Body’s intergovernmental agreements other than this Agreement, as well as policies, protocols, procedures, or rules and regulations (collectively, "Policies") related to the provision of emergency telephone service and emergency notification service within the Governing Body's jurisdiction on subjects including but not limited to: o Human Resources o cost sharing o street naming o pictometry o geographic information systems (GIS) o Master Street Address Guide (MSAG) o 911 Call Flow/Routing o use of the backup PSAP o 911 network o fiber optic cable (leasing and owning) o customer-premises equipment (CPE) and other equipment o computer aided dispatch (CAD) system o Combined Regional Information Systems Project (CRISP) o insurance for PSAP equipment owned by the Governing Body and located at a facility owned by a Party o emergency alert systems (selection and use) o complex emergency events 8 o records retention and compliance with applicable law o training, accreditation, and certification o Emergency Medical Dispatch (EMD) o call boxes o finances and investments In the event of a conflict, direct or indirect, between a provision the Policies and this Agreement, this Agreement shall control. h.determining who is authorized to send emergency alerts and the circumstances under which they may be sent. i.adopting a policy regarding street naming after collaboration with the Parties in whose jurisdiction the street is located. j.adopting systems (software, hardware, and protocols) for Emergency Medical Dispatch (EMD). k.conducting joint, partnership, cooperative, or other operations with other individuals and entities. l.employing agents, accountants, attorneys, engineers, consultants, and other advisors. m.incurring and paying debts, liabilities, or obligations, including borrowing and executing documents incidental thereto. n.issuing bonds, notes, or other obligations payable from the revenues derived or to be derived from the revenue of the Governing Body as permitted by applicable law. o.suing and being sued in its own name. p.receiving contributions, gifts, bequests, grants, cash, equipment, or services from the Parties or any other public or private individual or entity. q.after a formal Resolution of the Board, admitting a new signatory to this Agreement who becomes a Party without formal amendment of this Agreement, so long as each new signatory qualifies under C.R.S. §§ 29-1-202 and 203, has the approval of its legislative body or other authority having the power to so approve, and signs a document memorializing its admission. r.participating in committees, groups, and organizations at the federal, state, and local level whose work relates to emergency telephone service and emergency notification service, including laws, regulations, and rules related thereto. 9 s.any other act which the Governing Body believes is reasonably necessary for the exercise of its powers and the performance of its obligations under this Agreement. VII. BOOKS AND RECORDS The Governing Body shall keep accurate and correct books of account on a modified accrual basis, showing in detail the capital costs, costs of services, installation, maintenance and operating costs, and the financial transactions of the Governing Body. The Governing Body's books of account shall also correctly show any and all revenues, fund balances, costs, or charges, as well as all funds received by and all funds expended by the Governing Body. The Governing Body's books and records shall be open to inspection during normal business hours upon reasonable notice by a Party, its attorneys, accountants, or agents. The books and records of the Governing Body shall also be made available to the public in accordance with the provisions of Colorado’s Open Records Act, as may be amended. The Governing Body shall cause an annual audit to be conducted by an independent Certified Public Accountant licensed to practice in the State of Colorado. The Governing Body shall comply with the Colorado Local Government Audit Law, C.R.S. § 29-1-601 through 608, as may be amended. The Governing Body shall comply with all other applicable federal and state financial reporting requirements. The Governing Body shall maintain an asset inventory list for any and all real and personal property acquired by the Governing Body in whole or in part. On and after the effective date of this Agreement, Jackson County will promptly deliver, transfer, and assign to the Governing Body: 1.the entire balance of funds it holds for purposes of providing emergency telephone service and emergency notification service in Jackson County, but no less than 55,000.00; 2.the entire balance of any funds it receives or has received from the state or federal government or grants for purposes of improving emergency telephone service and emergency notification service in Jackson County, but no less than $70,000.00; 3.all rights, title, and interest to all charges and surcharges due Jackson County for emergency telephone service under Colorado statute (Title 29, Article 11, Part 1) and deliver the same to the Governing Body, and Jackson County will execute all documents necessary for carriers and the Public Utilities Commission to deliver directly to the Governing Body all such charges and surcharges in the future; and 4.unencumbered title to any PSAP equipment or other assets owned by Jackson County that would assist the Governing Body in its administration and/or operation emergency telephone service and emergency notification service. Jackson County 10 shall execute any documents reasonably necessary to effectuate the transfer of title. Similar to Agreements with the Governing Body’s other PSAPs, Jackson County agrees to a) insure the Governing Body’s equipment located in a PSAP in Jackson County, and (b) provide proof of insurance promptly upon the Governing Body’s written request. The Governing Body will not become a successor to or assignee of any contracts currently in place for purposes of providing emergency telephone service and emergency notification service in Jackson County, with the exception of the current tariff in place for the provision of basic emergency service in Colorado. VIII. REPORTS TO PARTIES On an annual basis, the Governing Body shall submit a comprehensive annual report to the Parties summarizing the activities of the Governing Body during the preceding year and make available information concerning the finances of the Governing Body. IX. DURATION OF AGREEMENT The Agreement and the Governing Body shall have perpetual existence as permitted by C.R.S. § 29-1-203(1), as may be amended, unless sooner terminated in accordance with this Agreement. X. WITHDRAWAL, TERMINATION, AND DISSOLUTION 1.Withdrawal. Any Party may withdraw from this Agreement by providing notice to each other Party and to the Governing Body. The withdrawal shall not be effective until at least one calendar year after the last notice is delivered. 2.Termination by Mutual Agreement of the Parties. Upon a three quarters (3/4) majority vote of all then-Parties, this Agreement shall be terminated and the Governing Body dissolved so long as, at the time of the vote, at least three quarters (3/4) of the Parties have also agreed in writing as to one or more entities who will succeed the Governing Body and undertake all actions for the continued installation, administration, management, operation, maintenance, upgrade, and enhancement of emergency telephone service and emergency notification service within the Governing Body's jurisdiction. The effective date of termination shall be December 31st in the calendar year ending no less than six months after the three quarters (3/4) majority vote for termination. 3.Dissolution of Governing Body. Upon the termination of this Agreement pursuant to subsection (2) above, the Board and the Parties shall take such actions necessary to finalize and conclude the Governing Body's operations, effect the orderly dissolution of the Governing Body, and transition emergency telephone service and emergency notification service to the entity or entities who will succeed the Governing Body, at the discretion of the Board. All assets of the 11 Governing Body located within Larimer County shall be distributed on a proportional basis pursuant to Section III(J) either in-kind or after liquidation, at the discretion of the Board, except for any assets that the Board determines should be distributed to the entity or entities who will succeed the Governing Body. For purposes of this Agreement, all cash, bank, and investment accounts of LETA are deemed to be located within Larimer County. All assets of the Governing Body located within Jackson County shall be distributed to Jackson County either in-kind or after liquidation, at the discretion of the Board, except for any assets that the Board determines should be distributed to the entity or entities who will succeed the Governing Body. The Board shall be responsible for inventorying the assets of the Governing Body, distributing or liquidating any assets as appropriate, concluding the affairs of the Governing Body, and transitioning emergency telephone service and emergency notification service to the entity or entities who will succeed the Governing Body. Subject to the exercise of the Board’s discretion, a Party which has previously made a contribution toward the purchase of a jointly owned asset may receive full ownership of the asset upon termination; however, the Party must account to the Governing Body for the amount that the Governing Body contributed toward purchase of the asset upon distribution of the other assets of the Governing Body. The Parties’ rights related to distribution of assets shall survive termination of this Agreement. XI. LIABILITY OF THE BOARD OF DIRECTORS, OFFICERS, AND EMPLOYEES OF THE GOVERNING BODY The Governing Body and its directors, officers, and employees shall be immune from suit and civil liability as provided by applicable law because the Governing Body is a nonprofit, public entity and political subdivision of the State of Colorado established pursuant to C.R.S. §§ 29-1- 203 and 29-11-102(1)(b), as amended; the Governing Body is a public entity under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 through 120, as amended; and the Governing Body is a “nonprofit organization” under C.R.S. § 13-21-115.5, as amended (the Volunteer Service Act), C.R.S. § 13-21-115.7, as amended, and C.R.S. § 13-21-116, as amended. In addition, the Governing Body shall purchase insurance for the Governing Body and its Board, officers and employees which insurance will provide reasonable coverage against any claims, suit or proceeding arising out of or relating to any act or omission under this Agreement. XII. AMENDMENTS This Agreement may be amended upon the affirmative vote of three-quarters (3/4) of the then-Parties to this Agreement. XIII. NOTICE Notice to a Party is given by delivering a writing to its current address as listed by the Department of Local Affairs. The Notice shall be addressed as follows: (a) to the Board of County Commissioners in the case of Larimer County and Jackson County, (b) to the Board and its Chief Executive Officer in the case of a special district, a fire authority, or the Governing Body, (c) to 12 the City Council in the case of cities, and (d) to the Town Board, Town Council, or Board of Trustees in the case of Towns. A courtesy copy shall also be delivered to the attorneys for Larimer County, Jackson County, cities, and towns. Failure to deliver courtesy copies to the attorneys shall not invalidate a notice otherwise properly delivered as provided in this Agreement. Notice to a director is given by delivering a writing addressed to the director to the Governing Body’s current address. Notice shall be effective upon receipt if hand-delivered or three (3) days after mailing if sent by first-class or certified U.S. mail. XIV. SEVERABILITY In the event any provision of this Agreement is determined to be illegal or invalid for any reason, all other provisions of this Agreement shall remain in full force and effect unless and until otherwise determined by a Court of competent jurisdiction. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provision of this Agreement. XV. SUCCESSORS AND THIRD PARTIES This Agreement shall be binding upon and shall inure to the benefit of the successors of the Parties. This Agreement is not intended to, and does not, inure to the benefit of non-Parties to this Agreement. XVI. ASSIGNMENT AND DELEGATION No Party shall assign any of the rights nor delegate any of the duties created by this Agreement without the written approval of three-quarters (3/4) of the other then-Parties to this Agreement. XVII. COUNTERPARTS This Agreement may be executed by original, scanned, or digital counterpart signatures and shall have the same force and effect as if all signatures appeared on the same original. IN WITNESS WHEREOF, the Parties have caused their representatives to affix their respective signatures hereto. 13 COUNTY OF LARIMER STATE OF COLORADO By: ATTEST: APPROVED AS TO FORM (if applicable): William Ressue, County Attorney Date: COUNTY OF JACKSON STATE OF COLORADO By: ATTEST: APPROVED AS TO FORM (if applicable): Thomas Sharp Date: ALLENSPARK FIRE PROTECTION DISTRICT By: Jill Allington, President ATTEST: APPROVED AS TO FORM (if applicable): Date: CITY OF FORT COLLINS, COLORADO By: Jeni Arndt, Mayor ATTEST: APPROVED AS TO FORM (if applicable): Date: BERTHOUD FIRE PROTECTION DISTRICT By: Dan Hershman, President ATTEST: APPROVED AS TO FORM (if applicable): Date: 14 CITY OF LOVELAND, COLORADO By: Jacki Marsh, Mayor ATTEST: APPROVED AS TO FORM (if applicable): Laurie Stirman Date: CRYSTAL LAKES FIRE PROTECTION DISTRICT By: Jody Sandquist, President ATTEST: APPROVED AS TO FORM (if applicable): Date: TOWN OF BERTHOUD, COLORADO By: William Karspeck, Mayor ATTEST: APPROVED AS TO FORM (if applicable): Date: ESTES VALLEY FIRE PROTECTION DISTRICT By: Jon Hodde, President ATTEST: APPROVED AS TO FORM (if applicable): Date: TOWN OF ESTES PARK, COLORADO By: Wendy Koenig-Schuett, Mayor ATTEST: APPROVED AS TO FORM (if applicable): Dan Kramer Date: FRONT RANGE FIRE RESCUE FIRE PROTECTION DISTRICT By: Darrin Rutt, President ATTEST: APPROVED AS TO FORM (if applicable): Date: 8-1-2023 15 TOWN OF JOHNSTOWN, COLORADO By: Gary Lebsack, Mayor ATTEST: APPROVED AS TO FORM (if applicable): Date: GLACIER VIEW FIRE PROTECTION DISTRICT By: David Burk, President ATTEST: APPROVED AS TO FORM (if applicable): Date: TOWN OF TIMNATH, COLORADO By: Mark Soukup, Mayor ATTEST: APPROVED AS TO FORM (if applicable): Date: LIVERMORE FIRE PROTECTION DISTRICT By: ATTEST: APPROVED AS TO FORM (if applicable): Date: TOWN OF WELLINGTON, COLORADO By: Tory Whanau, Mayor ATTEST: APPROVED AS TO FORM (if applicable): Dan Sapienza Date: LOVELAND RURAL FIRE PROTECTION DISTRICT By: Jeff Swanty, President ATTEST: APPROVED AS TO FORM (if applicable): Date: 16 TOWN OF WINDSOR, COLORADO By: Rosa Reynoza, Mayor ATTEST: Karen Frawley, Town Clerk APPROVED AS TO FORM (if applicable): Date: LYONS FIRE PROTECTION DISTRICT By: Paul Davidovich, President ATTEST: APPROVED AS TO FORM (if applicable): Date: HEALTH DISTRICT OF NORTHERN LARIMER COUNTY By: Molly Gutilla, Board President ATTEST: APPROVED AS TO FORM (if applicable): Date: PINEWOOD SPRINGS FIRE PROTECTION DISTRICT By: Michael Graham, President ATTEST: APPROVED AS TO FORM (if applicable): Date: PARK HOSPITAL DISTRICT By: ATTEST: APPROVED AS TO FORM (if applicable): Date: POUDRE CANYON FIRE PROTECTION DISTRICT By: Pat Conway, President ATTEST: APPROVED AS TO FORM (if applicable): Date: 17 THOMPSON VALLEY HEALTH SERVICES DISTRICT By: Tom Blomquist, Chair ATTEST: APPROVED AS TO FORM (if applicable): Date: POUDRE VALLEY FIRE PROTECTION DISTRICT By: Derek Bergsten, Chief ATTEST: APPROVED AS TO FORM (if applicable): Date: THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM ACTING BY AND THROUGH COLORADO STATE UNIVERSITY By: Brendan Hanlon, VPUO APPROVED AS TO FORM (if applicable): Linda Schutjer, Senior Legal Counsel Date: RED FEATHER LAKES FIRE PROTECTION DISTRICT By: Dan Defibaugh, President ATTEST: APPROVED AS TO FORM (if applicable): Date: LOVELAND FIRE RESCUE AUTHORITY By: Jeff Swanty, Board Chair ATTEST: APPROVED AS TO FORM (if applicable): Date: WELLINGTON FIRE PROTECTION DISTRICT By: David Pierson, Vice President ATTEST: APPROVED AS TO FORM (if applicable): Date: 18 POUDRE FIRE AUTHORITY By: David Pusey, Chair ATTEST: APPROVED AS TO FORM (if applicable): Date: WINDSOR-SEVERANCE FIRE PROTECTION DISTRICT By: Andrew Rosen, President ATTEST: APPROVED AS TO FORM (if applicable): Date:       PUBLIC COMMENT RECEIVED ON 8/8/2023  Board of Trustees Public Comment Name: Thomas Richard kaszynski Stance on Item: Against Agenda Item Title: General Public Comment. Public Comment: I’m in opposition to granting Frank Theis ANY kind of type of rezoning for his property at 685 peak view drive. There hasn’t been any change of conditions. Everyone who bought and built homes in this neighborhood knew that some day there would be an additional one home per acre. Everyone is fine with that. There isn’t any need in tearing up yet another nice neighborhood Tom kaszynski 610 Devon Drive Estes park File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting.