HomeMy WebLinkAboutPACKET Town Board 2024-03-26NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
The Mission of the Town of Estes Park is to provide high‐quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, March 26, 2024
7:00 p.m.
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ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the form found at https://dms.estes.org/forms/TownBoardPublicComment.
The form must be submitted by 12:00 p.m. the day of the meeting in order to be provided to the Town
Board prior to the meeting. All comments will be provided to the Board for consideration during the
agenda item and added to the final packet.
AGENDA
4:30 p.m.
REQUEST TO ENTER EXECUTIVE SESSION:
For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any
specific employees who have requested discussion of the matter in open session; any
member of the Town Board; the appointment of any person to fill an office of the Town Board;
or personnel policies that do not require discussion of matters personal to particular
employees. - Municipal Judge, Town Attorney and Town Administrator Annual Evaluations
DINNER BREAK
6:30 p.m.
REGULAR BUSINESS
7:00 p.m.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION – INTERNATIONAL DARK SKY WEEK
AGENDA APPROVAL.
Prepared 03-15-2024
*Revised 03-22-2024
*
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. POLICY GOVERNANCE MONITORING REPORT - POLICIES 3.0, 3.1, 3.2, 3.4, 3.5,
3.6, 3.9, 3.10, 3.11.
Policy 2.3 designates specific reporting requirements for the Town Administrator to
provide information on policy compliance to the Board. The above policies are
reported on each March.
CONSENT AGENDA:
1. Bills. - https://dms.estes.org/WebLink/Browse.aspx?id=253208.
2. Town Board and Town Board Study Session Minutes dated March 12, 2024.
3. Estes Park Planning Commission Minutes dated December 19, 2023.
4. Duck Race Permit Application for Use of Bond Park.
5. Resolution 16-24 Contract Extension with Colorado Barricade Company for 2024
Striping & Pavement Markings - $111,100 Budgeted.
6. Resolution 21-24 2024 Intergovernmental Agreement with the Larimer County Sheriff
for Work Performed at Larimer County Events.
7. Resolution 22-24 Additional Expenditures for a Contract with Advanced Engineering
and Environmental Services, LLC for Professional Services Related to Town Water
System Infrastructure - $250,000 Budgeted.
8. Resolution 23-24 Agreement with Estes Park Museum Friends & Foundation, Inc. for
Donation of Funds to Support Two Limited-Term Positions at the Estes Park Museum.
9. Resolution 24-24 Contract with Otak, Inc. for Engineering and Design Services -
$203,539 Budgeted.
10. Resolution 25-24 Supporting an Application for a Grant from the Colorado Department
of Local Affairs for a Combined Carriage Hills and Spruce Knob Water Main
Replacement Project.
11. Resolution 26-24 Setting the Public Hearing for a New Tavern Liquor License
Application for 3634 Hike LLC DBA Bogey's, 281 W. Riverside Drive, Estes Park,
Colorado.
12. Revised Policy 671-Town Funding of Outside Entities.
13. Letter of Support for a Grant Application to the Congressionally Directed Spending
Funds for a Multi-Jurisdictional Emergency Response Center in the Town of Estes
Park.
14. Acceptance of Town Administrator Policy Governance Monitoring Report.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. LARIMER COUNTY COMMUNITY MASTER PLAN FOR BEHAVIORAL HEALTH.
Larimer County Director Walker.
Presentation of Community Master Plan (CMP) for Behavioral Health, including an
overview of the 14 recommendations from the CMP.
*
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
LIQUOR ITEMS:
1. RESOLUTION 27-24 TRANSFER OF A HOTEL & RESTAURANT LIQUOR LICENSE
FROM MONA LISA LLC DBA DUNRAVEN INN TO EMBER RESTAURANT LLC
DBA EMBER RESTAURANT, 1700 COLORADO PEAKS DRIVE, ESTES PARK, CO
80517. Town Clerk Williamson.
To consider the transfer of the current liquor license to the new business owner to
allow them to continue the sale of alcohol at the location.
PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. RESOLUTION 28-24 COYOTE RUN SUBDIVISION FINAL PLAT, 685 PEAK
VIEW DRIVE, CMS PLANNING & DEVELOPMENT, INC., FRANK THEIS.
OWNER/APPLICANT. Planner Washam.
Coyote Run Subdivision, proposing 4 lots ranging from one acre to 4.4 acres in
size.
B. RESOLUTION 29-24 RAVEN SUBDIVISION FINAL PLAT, HABITAT FOR
HUMANITY OF THE ST. VRAIN VALLEY, INC., OWNER/APPLICANT. Planner
Washam.
Raven Subdivision, proposing 5 lots ranging from 6,000 to 12,000 square feet in
size.
ACTION ITEMS:
1. ORDINANCE 05-24 TO REPLACE ORDINANCE 06-22 CONSIDERING THE
INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES
PARK INTO THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT.
Special Attorney White.
To consider replacing the 2022 adopted ordinance for compliance with the District's
rules & regulations.
REPORTS AND DISCUSSION ITEMS:
1. DEVELOPMENT CODE UPDATE. Director Careccia.
Review of the intended areas of change to the Development Code and solicit feedback
from the Board.
2. BED & BREAKFAST CODE UPDATE. Town Clerk Williamson.
ADJOURN.
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TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Koenig
Board of Trustees
From: Town Administrator Machalek
Date: March 26, 2024
RE: Policy Governance Monitoring Report – Policy 3.0, 3.1, 3.2, 3.4, 3.5, 3.6,
3.9, 3.10, 3.11
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board.
Each March, I report on the following staff limitations:
Policy 3.1 Customer Service
Policy 3.2 Treatment of Staff
Policy 3.4 Financial Conditions and Activities
Policy 3.5 Asset Protection
Policy 3.6 Emergency Town Administrator Backup and Replacement
Policy 3.9 Communication and Support to the Board
Policy 3.10 Capital Equipment and Improvements Programming
Policy 3.11 Quality of Life
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
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Policy 3.1: The quality of life in the Town of Estes Park depends upon the partnership
between citizens, elected officials and Town employees. Therefore, within the scope of
his/her authority, the Town Administrator shall not fail to ensure high standards requiring
the treatment of our citizens:
3.1.1: The Town Administrator shall not fail to encourage the following basic
attitudes in employees:
3.1.1.1 – The Citizens of the Town of Estes Park deserve the best
possible services and facilities given available resources.
3.1.1.2 – Prompt action is provided to resolve problems or issues.
3.1.1.2.1 – “Prompt Action” shall be interpreted as:
• Citizens receive initial responses at a minimum
acknowledging the receipt of the contact, within
two business days
• The appropriate process required to resolve the
problem is initiated within three business days,
whenever possible.
3.1.1.3 – Attention is paid to detail and quality service is provided that
demonstrates a high level of professionalism.
3.1.1.4 – Each employee represents excellence in public service.
3.1.1.5 – Each employee is “the Town” in the eyes of the public.
Status: Compliance
Interpretation: I interpret this to mean that the importance of customer service is
reinforced in training and in performance evaluations of all staff, and that all staff
are held accountable for providing a high level of customer service. This does not
mean that the customer always gets everything that they might request, but rather
that Staff is polite, professional, responsive, and fair with all members of the
public. Given the relatedness of all the subsections of 3.1.1, it is my interpretation
that I may report on these limitations as a group.
Compliance with the policy will be achieved when:
1. Customer issues are handled in a prompt, polite, and fair manner.
2. Complaints and/or concerns that the Town Board and Town Administrator
receive about customer service regarding Town employees are minimal.
Evidence:
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1. Customer Service is included in the performance evaluations of all
employees.
2. The Town Board and Town Administrator receive minimal customer
service complaints from members of the public. Customer service
complaints that are received are addressed in a prompt manner.
3. The Town Board, Town Administrator, and Executive Leadership Team
receive compliments and letters of appreciation from customers.
4. Town employees complete mandated Service Elevated customer service
training.
5. 83% of respondents to the Town’s 2023 Community Survey rated our
Overall Customer Service positively (e.g. excellent/good).
Report: I report compliance.
3.1.2: The success of Estes Park Town Government depends upon the partnership
between citizens, elected officials and Town employees. Accordingly,
regarding the treatment of citizens and customers, the Town Administrator
shall not:
3.1.2.1 – Fail to inform citizens of their rights, including their right to
due process.
3.1.2.2 – Ignore community opinion on relevant issues or make
material decisions affecting the community in the absence of relevant
community input.
3.1.2.3 – Allow the community to be uninformed (or informed in an
untimely basis) about relevant decision making processes and
decisions.
3.1.2.4 – Be disorganized or unclear with respect to interactions with
the community.
3.1.2.5 – Ignore problems or issues raised by the community or fail to
address them in a timely manner.
3.1.2.6 – Allow incompetent, disrespectful or ineffective treatment
from Town employees.
3.1.2.7 – Unduly breach or disclose confidential information.
Status: Compliance
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Interpretation: I interpret this to mean that residents are informed well in
advance of any Town action; that Staff takes active steps to solicit and encourage
public comment on matters of public policy and significant projects; that Staff
treats all customers of the Town in a respectful and courteous manner; and that,
within the restrictions of the law, Staff does not disclose confidential information.
Due to the related nature of the sub-sections of 2.1.2, it is my interpretation that I
may report on all of these limitations as a group, rather than individually.
Compliance with the policy will be achieved when:
1. All public policy and significant project discussions include public
outreach and involvement.
2. Issues raised by customers are dealt with promptly at a staff level, if
possible, or are brought to the Town Board for consideration and
discussion if necessary.
3. The biennial community survey is completed.
4. Staff does not disclose confidential information other than such
disclosures required by law.
Evidence:
1. Public meetings, community meetings, and outreach meetings held above-
and-beyond regularly scheduled Town Board meetings.
2. Newspaper articles and press releases associated with public projects and
policies.
3. Results from the biennial community survey.
4. Lack of legal actions from residents against the Town due to failure to
provide due process.
5. Lack of any legal action against the Town for improper disclosure of
confidential information.
Report: I report compliance.
Policy 3.2: With respect to the treatment of paid and volunteer staff, the Town
Administrator may not cause or allow conditions which are unsafe, unfair or undignified.
Accordingly, pertaining to paid staff within the scope of his/her authority, the
administrator shall not:
3.2.1: Operate without written personnel policies that clarify personnel rules for
employees.
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Status: Compliance
Interpretation: I interpret this to mean that the Town has formal written
personnel policies that are up-to-date with regard to current legal decisions, and
that these policies are readily available to all employees. These personnel policies
are not static and may be changed as needed in accordance with applicable law.
Compliance with the policy will be achieved when:
The Town has formal written personnel policies that cover the normal scope of
employment issues.
Evidence:
1. Town personnel policies are available to all employees on iTown and in
the Human Resources office.
2. All personnel policies have been reviewed and approved by the Town
Attorney (and CIRSA, if necessary).
Report: I report compliance.
3.2.2: Fail to acquaint staff with their rights under this policy upon employment.
Status: Compliance
Interpretation: I interpret this to mean that all new employees are informed of
Town personnel policies.
Compliance with the policy will be achieved when:
Every new employee is informed of the Town’s personnel policies.
Evidence:
1. Town personnel policies are available to all employees on iTown and in
the Human Resources office.
2. New employees are informed of the personnel policies as part of their on-
boarding policies, including where to locate these policies.
Report: I report compliance.
3.2.3: Fail to commit and adhere to the policies of Equal Employment Opportunity
and Fair Labor Standards Act.
Status: Compliance
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Interpretation: I interpret this to mean that the Town follows the strict
interpretation of the EEO and FLSA.
Compliance with the policy will be achieved when:
The Town has no cases of legal non-compliance.
Evidence:
There have been no successful legal actions against the Town in the past year
regarding any EEO or FLSA violations as an employer.
Report: I report compliance.
3.2.4: Fail to make reasonable efforts to provide a safe working environment for
employees, volunteers and citizens utilizing Town services.
Status: Compliance
Interpretation: I interpret this to mean that Town facilities are generally clear of
safety hazards and are properly maintained. It is not possible to completely
eliminate all hazards, but reasonable and prudent precautions are taken and plans
are made to prevent and repair hazards. When a hazard is identified, prompt
action will be taken to mitigate the hazard in an appropriate manner.
Compliance with the policy will be achieved when:
There are no known, unaddressed safety hazards in Town facilities and new
hazards are addressed promptly.
Evidence:
1. Successful loss control audit and property inspection from CIRSA.
2. Precautions are taken to prevent and correct hazards when a hazard is
identified.
Report: I report compliance.
3.2.5: Operate without written volunteer policies that clarify the responsibilities of
volunteers and of the Town for all volunteers.
Status: Compliance
Interpretation: I interpret this to mean that the Town must have and use a written
volunteer policy guiding the use of volunteers in the organization.
Compliance with the policy will be achieved when:
The Town has a written volunteer policy that is used to manage the Town’s
volunteer program.
Page 10
Evidence:
1. Policy 207 (Volunteer Program) guides the use of volunteers in the
organization.
Report: I report compliance.
Policy 3.4: With respect to the actual, ongoing condition of the Town government’s
financial health, the Town Administrator may not cause or allow the development of fiscal
jeopardy or loss of budgeting integrity in accordance with Board Objectives. Accordingly,
the Town Administrator may not:
3.4.1: Expend more funds than are available.
Status: Compliance
Interpretation: I interpret this to mean that there have been no expenditures in
excess of those approved in the adopted budget.
Compliance with the policy will be achieved when:
There are no expenditures in excess of those approved in the adopted budget, as
amended by the Town Board.
Evidence:
1. Town financial reports
2. Annual Comprehensive Financial Report
Report: I report compliance.
3.4.2: Allow the general fund and other fund balances to decline to a level below
that established by the Board of Town Trustees by adopted policy, unless
otherwise authorized by the Board.
Status: Compliance
Interpretation: I interpret this to mean that the General Fund balance at the end
of the fiscal year is at least 25%. This figure is based on the calculation of fund
balance after all carry-over funds are included. Encumbered but not expended
funds are excluded at the end of the year.
Compliance with the policy will be achieved when:
1. The final ACFR shows a General-Fund fund balance of 25% or greater,
unless otherwise authorized by the Board.
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2. The adopted budget anticipates an end-of-year fund balance in the General
Fund of 25% or greater, unless otherwise authorized by the Board.
Evidence:
1. The 2022 ACFR shows a 57.6% General-Fund fund balance at the end of
2022.
2. 2023 Budget Amendment #6 anticipates a 34.3% General-Fund fund
balance at the end of 2023.
3. 2024 Budget Amendment #1 budget anticipates a 26.2% General-Fund
fund balance at the end of 2024.
Report: I report compliance.
3.4.3: Allow cash to drop below the amount needed to settle payroll and debts in a
timely manner.
Status: Compliance
Interpretation: I interpret this to mean that all Town funds have adequate cash
available to settle all debts within the period for which they are due.
Compliance with the policy will be achieved when:
All payments are made on time from cash on hand.
Evidence:
1. Town financial reports
2. Annual Comprehensive Financial Report
3. Monthly Cash and Investment Reserve Ratio Reports
Report: I report compliance.
3.4.4: Allow payments or filings to be overdue or inaccurately filed.
Status: Compliance
Interpretation: I interpret this to mean that all payments or filings have been
made on time and accurately.
Compliance with the policy will be achieved when:
All payments are made on time and accurately.
Evidence:
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1. Town financial reports
2. Comprehensive Annual Financial Report
Report: I report compliance.
3.4.5: Engage in any purchases wherein normally prudent protection has not been
given against conflict of interest and may not engage in purchasing practices
in violation of state law or Town purchasing procedures.
Status: Compliance
Interpretation: I interpret this to mean that the Town has comprehensive
purchasing policies to guide the expenditure of Town funds and that those policies
are complied with.
Compliance with the policy will be achieved when:
The Town has adopted purchasing policies and all purchases are made in
compliance with these policies.
Evidence:
1. The Town’s adopted purchasing policies are available on iTown.
2. Annual Audit
3. Single Audit for federal funds
Report: I report compliance.
3.4.6: Use any fund for a purpose other than for which the fund was established,
unless otherwise authorized by the Board.
Status: Compliance
Interpretation: I interpret this to mean that any use of funds from a specific fund
must be for the stated purpose of that fund, unless otherwise authorized by the
Board.
Compliance with the policy will be achieved when:
All expenditures are made from the appropriate fund.
Evidence:
1. Town financial reports
2. Annual Comprehensive Financial Report
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3. Annual Audit
Report: I report compliance.
Policy 3.5: Within the scope of his/her authority and given available resources, the Town
Administrator shall not allow the Town’s assets to be unprotected, inadequately
maintained or unnecessarily risked. Accordingly, he or she may not:
3.5.1: Fail to have in place a Risk Management program which insures against
property losses and against liability losses to Board members, staff and the
Town of Estes Park to the amount legally obligates to pay, or allow the
organization to be uninsured:
3.5.1.1 – Against theft and casualty losses,
3.5.1.2 – Against liability losses to Board members, staff and the town
itself in an amount equal to or greater than the average for
comparable organizations.
3.5.1.3 – Against employee theft and dishonesty.
Status: Compliance
Interpretation: I interpret this to mean that the Town has adequate insurance
coverage to protect the organization, the Board, and staff from loss. Due to the
related nature of the sub-sections of 3.5.1, it is my interpretation that I may report
on all of these limitations as a group, rather than individually.
Compliance with the policy will be achieved when:
The Town maintains adequate insurance levels and suffers no unreasonable
uninsured losses.
Evidence:
1. Colorado Intergovernmental Risk Sharing Agency (CIRSA) Certificate of
Participation
2. The Town has not incurred any unreasonable uninsured losses in the last
year.
Report: I report compliance.
3.5.2: Subject plant, facilities and equipment to improper wear and tear or
insufficient maintenance (except normal deterioration and financial
conditions beyond Town Administrator control).
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Status: Compliance
Interpretation: I interpret this to mean that Town facilities and equipment are
properly maintained, subject to normal deterioration and financial conditions
beyond Town Administrator control. I interpret this policy to include all physical
buildings and utility infrastructure, but not transportation infrastructure or real
property.
Compliance with the policy will be achieved when:
We have preventative maintenance programs for Town buildings, major building
systems, utility infrastructure, and rolling stock.
Evidence:
1. Ongoing capital improvement projects completed in the past year, as
reported to the Board.
2. Preventative maintenance schedules for rolling stock.
3. Facilities maintenance projects completed in the past year, as reported to
the Board.
Report: I report compliance.
3.5.3: Receive, process or disburse funds under controls insufficient to meet the
Board-appointed auditor’s standards.
Status: Compliance
Interpretation: I interpret this to mean that there are no comments in the annual
audit that raise the question of insufficient controls.
Compliance with the policy will be achieved when:
We have an audit with no relevant qualifying comments.
Evidence:
1. Annual Audit comments
Report: I report compliance.
3.5.4: Unnecessarily expose Town government, its Board of Town Trustees or staff
to claims of liability.
Status: Compliance
Interpretation: I interpret this to mean that neither I nor Town staff take any
action that results in unnecessary liability exposure.
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Compliance with the policy will be achieved when:
There are no significant (greater than $25,000) claims paid as the result of
unnecessary liability exposure.
Evidence:
There were no significant liability claims paid as the result of unnecessary
liability exposure in the past year.
Report: I report compliance.
3.5.5: Fail to protect intellectual property, information and files from loss or
significant damage.
Status: Compliance
Interpretation: I interpret this to mean that all Town information is protected
adequately through firewalls, cyber security measures, and adequate backups.
Non-electronic data is secured and protected at a level appropriate for
information.
Compliance with the policy will be achieved when:
1. We have no losses of data or information.
2. We have protocols in place to protect from cyber losses.
Evidence:
1. We have had no significant losses or damage to information or files over
the last year.
2. CIRSA loss control audit
3. Cyber security training conducted for all employees on a regular basis.
4. The Town purchases excess cyber security coverage from CIRSA.
Report: I report compliance.
3.5.6: Acquire, encumber, dispose or contract for real property except as expressly
permitted in Town policy.
Status: Compliance
Interpretation: I interpret this to mean that I do not take any action to acquire,
encumber, dispose of, or contract for real property without the express permission
of the Town Board.
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Compliance with the policy will be achieved when:
There are no real property transactions that are not approved by the Town Board.
Evidence:
1. There were no property transactions in the last year that were not
expressly approved by the Town Board.
Report: I report compliance.
3.5.7: Allow internal control standards to be less than necessary to satisfy generally
accepted accounting/auditing standards recognizing that the cost of internal
control should not exceed the benefits expected to be derived.
Status: Compliance
Interpretation: I interpret this to mean that our internal controls are reasonable as
interpreted by the Town’s annual audit.
Compliance with the policy will be achieved when:
The annual audit has no significant comments regarding internal controls that
required a modified audit opinion.
Evidence:
The Town’s internal controls are in compliance with this requirement as
evidenced by the clean audit opinions received in past years. There is nothing to
indicate a deterioration in this condition for the year ended December 31, 2023.
Report: I report compliance.
Policy 3.6: In order to protect the Board from sudden loss of Town Administrator services,
the Town Administrator may have no fewer than two (2) other members of the Town
management team familiar with Board of Town Trustees and Town Administrator issues
and processes.
3.6.1: The Assistant Town Administrator shall act in the capacity of Town
administrator in his/her absence. In the Absence of the Town Administrator
and Assistant Town Administrator a Town Department Head previously
designated by the Town Administrator will act in the capacity of Town
Administrator.
Status: Compliance
Interpretation: I interpret this to mean that I must officially designate two staff
members to serve in my stead, should I not be able to perform the duties of my
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job. This designation is to be expressly designated in an internal operating
procedure.
Compliance with the policy will be achieved when:
There is an adopted policy that specifies backups for the Town Administrator.
Evidence:
1. Policy 203 – Town Administrator Backup and Replacement
Report: I report compliance.
3.6.2: The Town Administrator shall provide the necessary training needed to
enable successful emergency replacement.
Status: Compliance
Interpretation: I interpret this to mean that I must keep the backup Town
Administrators well informed and well trained so that any of them could replace
me in the event that I am not able to perform my official duties.
Compliance with the policy will be achieved when:
The two identified backup Town Administrators possess the requisite skills and
knowledge to perform the duties of Acting Town Administrator in my absence.
Evidence:
1. Policy 203 – Town Administrator Backup and Replacement
2. All of the identified backup Town Administrators are generally up-to-date
on Town issues and understand the role of the Town Administrator in
relation to the Town Board and the operation of the Town organization.
Report: I report compliance.
Policy 3.9: The Town Administrator shall not permit the Board of Town Trustees to be
uninformed or unsupported in its work. Accordingly, he or she may not:
3.9.1: Let the Board of Town Trustees be unaware of relevant trends, anticipated
adverse media coverage, material external and internal changes, and
particularly changes in the assumptions upon which any Board policy has
been previously established.
Status: Compliance
Interpretation: I interpret this to mean that the Town Board is appropriately
informed of developments related to Town issues directly from myself or from the
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appropriate staff member. I also interpret this requirement to be limited to issues,
events, media coverage, and other matters of which staff or I are aware of.
Compliance with the policy will be achieved when:
Town Board members are not surprised by any issue that staff or I was previously
aware of.
Evidence:
1. Weekly updates to the Board
2. Town Talk email to staff
3. Specific-subject communication to the Town Board when required to
address an emerging issue.
4. Economic Dashboard
Report: I report compliance.
3.9.2: Fail to submit monitoring data required by the Board (see policy on
Monitoring Town Administrator Performance in Board/Staff Linkage) in a
timely, accurate and understandable fashion, directly addressing provisions
of Board policies being monitored.
Status: Compliance
Interpretation: I interpret this to mean that I report monitoring data to the Town
Board as outlined in the review schedule adopted in Policy Governance Policy 2.3
and that the format of the reports is acceptable to the majority of the Board.
Compliance with the policy will be achieved when:
Compliance reports are received by the Town Board in accordance with
Governing Policy 2.3.
Evidence:
1. All compliance reports over the last year were supplied to the Town Board
within the required timeframe.
Report: I report compliance.
3.9.3: Fail to establish a process that brings to the Board of Town Trustees as many
staff and external points of view, issues and options as needed for informed
Board choices on major policy issues.
Status: Compliance
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Interpretation: I interpret this to mean that information presented to the Town
Board must accurately reflect differing options and opinions involved in major
policy decisions. Staff may make recommendations and may present
recommended options to the Town Board.
Compliance with the policy will be achieved when:
Standard presentations and memos are structured to ensure that pros and cons are
included and that there is a discussion of options available to the Town Board.
Evidence:
1. Board observation and opinion
2. Use of standard memo format for all presentations
Report: I report compliance.
3.9.4: Present information in unnecessarily complex or lengthy form.
Status: Compliance
Interpretation: I interpret this to mean that information presented to the Town
Board has enough detail, and is presented clearly enough, for each member of the
Board to be adequately informed when making a policy decision. I also interpret
this requirement to mean that information should be focused on the information
required for broad policy issues, not peripheral details. Each member of the Board
may have a different preference for level of detail and how information is
provided. I must strive to present information that meets the needs of all Board
members, but may not maximize the needs or style of any one trustee at the
expense of the other.
Compliance with the policy will be achieved when:
All members of the Board feel that they have received enough information to
make policy decisions on any particular issue.
Evidence:
1. Board observation and opinion
2. Use of standard memo format for all presentations
Report: I report compliance.
3.9.5: Fail to provide support for official Board of Town Trustees activities or
communications.
Status: Compliance
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Interpretation: I interpret this to mean that official Board activities and actions
are clearly communicated to the public and there is a culture of transparency
within Town Government. I am responsible not just for my own actions, but the
culture throughout the organization. I am also responsible for the support
provided to the Town Board through other staff, such as the Public Information
Officer and the Town Clerk.
Compliance with the policy will be achieved when:
There is a culture of transparency among Town staff and it is demonstrated in our
day-to-day actions.
Evidence:
1. Board observation and opinion
2. Activities of the Public Information Officer through news media, social
media, and other tools.
Report: I report compliance.
3.9.6: Fail to deal with the Board of Town Trustees as a whole except when
fulfilling individual requests for information.
Status: Compliance
Interpretation: I interpret this to mean that I do not play favorites with any
members of the Board and that I treat each member of the Board fairly and
respectfully at all times. I also interpret this to mean that I can have confidential
conversations with any member of the Board, and that I respect that
confidentiality. In order to be effective in my job in assisting the Town Board as a
whole, Board members must have a level of trust that each can communicate with
me openly without reservation.
Compliance with the policy will be achieved when:
Directions from the Town Board to the Town Administrator only come from the
Board acting as a whole and each member of the Board feels that they are treated
fairly and respectfully at all times. Board members feel that they can be open and
honest with me in all communications.
Evidence:
1. Board observation and opinion
2. Lack of instances where failure to comply with this requirement has
resulted in issues with the Board, staff, or the public.
Report: I report compliance.
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3.9.7: Fail to report in a timely manner any actual or anticipated noncompliance
with any policy of the Board of Town Trustees.
Status: Compliance
Interpretation: I interpret this to mean that I notify the Board at the earliest
possible opportunity when I am in noncompliance with any item described in the
Staff Limitations section of the adopted Policy Governance policies, regardless of
whether that noncompliance is intentional or unintentional. I interpret “earliest
possible opportunity” to be relative to the materiality of the noncompliance.
Major noncompliance issues that may have significant financial, legal, or political
impacts on the Town should be reported as soon as possible. Minor, non-material
items (such as “Partial Compliance” items in my monitoring reports) may be
reported in a regularly scheduled report to the Board.
Compliance with the policy will be achieved when:
I make the Board aware of all actual or anticipated instances of non-compliance in
a timely manner.
Evidence:
1. Board observation
Report: I report compliance.
Policy 3.10: With respect to planning for and reporting on capital equipment and
improvements programs, the Town Administrator may not jeopardize either operational
or fiscal integrity of the organization. Accordingly, he or she may not allow the
development of a capital program which:
3.10.1: Deviates materially from the Board of Town Trustees’ stated priorities.
Status: Compliance
Interpretation: I interpret this to mean that staff does not pursue any capital
projects or equipment that materially deviate from the key outcomes, goals, and
objectives adopted by the Town Board within the Strategic Plan.
Compliance with the policy will be achieved when:
All capital improvements and purchases of capital equipment can be directly tied
to the Town Board’s Strategic Plan and no expenditures are made or planned for
the annual budget that are not supportable under the current Town financial
resources.
Evidence:
1. Adopted Budget for capital projects and equipment
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2. Adopted Capital Improvement Plan
3. Vehicle Replacement Plan, which budgets and plans for multi-year
funding of capital vehicle purchases.
Report: I report compliance.
3.10.2: Plans the expenditure in any fiscal period of more funds than are
conservatively projected to be available during that period.
Status: Compliance
Interpretation: I interpret this to mean that we are conservative with our
budgeting and that we do not overstate revenue or understate expenditures.
Compliance with the policy will be achieved when:
We do not exceed our budgeted expenditures.
Evidence:
1. Annual Comprehensive Financial Report
2. Adopted Annual Budget
Report: I report compliance.
3.10.3: Contains too little detail to enable accurate separation of capital and
operational start-up items, cash flow requirements and subsequent audit
trail.
Status: Compliance
Interpretation: I interpret this to mean that the Town’s adopted budget and
subsequent accounting separates out capital expenses, operating expenses, and
other expenses.
Compliance with the policy will be achieved when:
The annual budget and financial reports provide adequate information to see the
separation of capital expenses, operating expenses, and other expenses.
Evidence:
1. Annual Audit
2. Published Adopted Annual Budget
3. Financial Reports
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Report: I report compliance.
3.10.4: Fails to project on-going operating, maintenance, and
replacement/perpetuation expenses.
Status: Compliance
Interpretation: I interpret this to mean that the Town has an annual budget and
an annual Capital Improvement Plan that are both active and maintained.
Compliance with the policy will be achieved when:
We have a robust and repeatable budget and capital improvement planning
process that result in an adopted budget document and an adopted capital
improvement plan.
Evidence:
1. Adopted Capital Improvement Plan
2. Adopted Annual Budget
Report: I report compliance.
3.10.5: Fails to provide regular reporting on the status of the budget and on the
progress of each active project, including data such as changes and the
financial status of each project, including expenditures to date.
Status: Compliance
Interpretation: I interpret this to mean that staff should regularly report back to
the Town Board on the progress of major projects that are currently planned or
underway. This requirement does not apply to day-to-day operational activities.
Compliance with the policy will be achieved when:
The Board feels adequately informed about ongoing projects.
Evidence:
1. Reports to the Board at regular Town Board meetings
2. Weekly Board updates from the Town Administrator
3. Specific emails regarding emerging issues that are relevant to the Board’s
work
4. Study Sessions with the Board as needed
Report: I report compliance.
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Policy 3.11: With respect to Town government’s quality of life for the community, the
Town Administrator shall not fail to plan for implementing policies of the Board regarding
economic health, environmental responsibility, and community interests.
Status: Compliance
Interpretation: I interpret this to mean that I provide for the implementation of
the Town Board’s Strategic Plan.
Compliance with the policy will be achieved when:
The Town Board’s Strategic Plan is substantially implemented, allowing for
modifications based upon circumstances or resource levels that are outside of the
Town Administrator’s control.
Evidence:
1. Observation and opinion of the Town Board
Report: I report compliance.
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Town of Estes Park, Larimer County, Colorado, March 12, 2024
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of
Estes Park on the 12th day of March, 2024.
Present: Wendy Koenig, Mayor
Marie Cenac, Mayor Pro Tem
Trustees Kirby Hazelton
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Deputy Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: Trustee Frank Lancaster
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Hazelton) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Board comments were heard and have been summarized: The Rocky Mountain National
Park Research Conference was held with presentations on plants and animals affected
by the 2020 wildfires. The Colorado Association of Ski Towns Legislative Meeting was
held with a presentation from Governor Polis on reusing coal trains for tourist
transportation, housing, inflation, and DIA traffic. Visit Estes Park met and discussed
plans for Frozen Dead Guy Days. The Economic Development and Workforce Council
(formerly the Economic Development Corporation) met and formed working groups on
the BASE program, and hospitality. Restorative Justice in cooperation with the Park R-3
School District and the Estes Valley Library District would be hosting a Living Room
Conversation on youth mental health. Platte River Power Authority met and reviewed
2023 projects and preparations for renewable energy deadlines. Regional Air Quality
Committee met and we have learned Estes Park would not receive the same amount of
funding due to the Town’s limited ozone impact.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek recognized Management Analyst Suzanna Simpson and
Housing and Childcare Manager Carlie Bangs who were recognized as 2024 Women of
Impact by Estes Chamber of Commerce.
CONSENT AGENDA:
1.Bills.
2.Town Board Meeting and Town Board Study Session Minutes dated February 27,
2024.
3.Estes Park Board of Adjustment Minutes dated November 7, 2023
(acknowledgment only).
4.Transportation Advisory Board Minutes dated January 17, 2024 (acknowledgment
only).
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Board of Trustees – March 12, 2024 – Page 2
5. Resolution 16-24 Contract Extension with Colorado Barricade Company for 2024
Striping & Pavement Markings - $111,100 Budgeted.
6. Resolution 17-24 Establishing 2024 Seasonal Paid Parking and Parking Permit
Fees and Proposed Revisions to Policy 842 – Parking Permits.
It was moved and seconded (Cenac/MacAlpine) to approve the Consent Agenda with
the removal of Item #6, and it passed unanimously.
Consent Agenda Item #6 Resolution 17-24 Establishing 2024 Seasonal Paid Parking
and Parking Permit Fees and Proposed Revisions to Policy 842 – Parking Permits.
Mayor Pro Tem Cenac stated public comment has been received requesting paid parking
be postponed for 2024 due to the Downtown Estes Loop construction. Depending on
whether the Board would like further discussion, staff requested Resolution 17-24 be
continued to March 26, 2024. The Board discussed implications if the rates were not
approved prior to March 15 of each year as outlined in Ordinance 14-23, previous
discussions of paid parking, and impacts of a one-year moratorium. It was moved and
seconded (Martchink/Younglund) to approve Resolution 17-24, and it passed with
Mayor Pro Tem Cenac voting “No”.
REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. BASE FUNDING/ANNUAL FUNDING REPORT FOR ESTES VALLEY
WATERSHED COALITION. Estes Valley Watershed Coalition Treasurer James
provided a report on the base and annual funding or the coalition. She highlighted
the coverage area of the coalition, their comprehensive plan, future disaster
recovery support, 2023 results and funding, 2024 expected expenses and project
summary, project processes, and collaboration with other entities. The Board
discussed collaborations with the Big Thompson Watershed Coalition, and the
inclusion of forest and wildlife efforts into the watershed efforts.
2. ESTES PARK VOTER SERVICE AND POLLING CENTER (VSPC) HOURS OF
OPERATION. Larimer County Clerk and Recorder Harris provided information
regarding the reduced hours of operation of the Estes Park VSPC highlighting
reasoning for the hour reductions, data supporting the decision, and statutory
requirements. She cited utilization of the center, public comments, the operation
reduction to two-days and subsequent increase to four-days, resource challenges,
election judge staffing, registered voters in Larimer County and within the Estes
Valley Area, and previous election votes cast. Clerk and Recorder Harris stated
the Estes Park VSPC would remain a four-day site for the June 2024 Primary
Election but shift to an eight-day site for the November 2024 General Election. The
Board discussed the compromise of an eight-day site for the General Election,
review of previous and future election data, and community needs.
ACTION ITEMS:
1. RESOLUTION 18-24 URGING THE LARIMER COUNTY CLERK AND
RECORDER TO RESTORE HOURS OF OPERATION FOR THE ESTES PARK
VOTER SERVICE AND POLLING CENTER (VSPC). Town Attorney Kramer
presented Resolution 18-24 which would make a formal statement regarding the
reductions in operating hours of the EVPC located at the Estes Valley Community
Center. The Board discussed whether the resolution was needed given the
Counties adjustment to hours of operation for 2024 elections. It was moved and
seconded (Cenac/Younglund) to postpone Resolution 18-24 indefinitely, and
it passed unanimously.
2. 6E FUNDING EXPENDITURE TO THE 2024 CHILDCARE WORKFORCE
SUBSIDY. Manager Bangs presented the 6E Funding Expenditure for the 2024
Childcare Workforce Subsidy. She provided background on the subsidy and 2023
subsidy recipients and use. She highlighted the 2024 Workforce Housing and
Childcare Funding Plan, eligibility and recipient requirements, application
deadlines, the Colorado Shines program and rating system, increase of living wage
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Board of Trustees – March 12, 2024 – Page 3
in Larimer County to $24.52 per hour, expected expenditures, and inclusion of the
infant toddler childcare bonus. The Board discussed application deadline impacts
on Colorado Shines rating, impacts on providers, whether the livable wage
increase will affect eligibility requirements and funding allocations, the fund
distribution timeline, and the projected 2024 budget expenditures. It was moved
and seconded (Hazelton/Cenac) to approve 6E Funding Expenditure for the
2024 Childcare Workforce Subsidy, and it passed unanimously.
RESOLUTION 19-24 GRANT AGREEMENT WITH LARIMER COUNTY TO
RECEIVE ARPA FUNDS FOR THE FISH HATCHERY WORKFORCE HOUSING
PROJECT. Manager Bangs presented Resolution 19-24 to consider a grant
agreement with Larimer County to secure ARPA funding to assist with construction
costs of the Fish Hatchery Workforce Housing project. She provided details on
Phase One of the project which would include public outreach, predevelopment,
assessments and reports on various topics such as traffic and market needs, and
the projects values and objectives. The Board discussed the Estes Park Housing
Authority role in the project, funding transfer, previous efforts on the project and
how that would benefit the project currently and, in the future, inclusion of the 30
Area Median Income as a baseline of housing needs, and public outreach.
Kent Smith/Town citizen appreciated the efforts and the work which has and would
be done on the project.
It was moved and seconded (Younglund/MacAlpine) to approve Resolution 19-
23. No vote was cast as the substitute motion passed.
A substitute motion was moved and seconded (Hazelton/MacAlpine) to approve
Resolution 19-24, and it passed unanimously.
3. ORDINANCE 04-24 DENOUNCING RESTRICTIVE COVENANTS BASED ON
RACE OR RELIGION. Mayor Koenig opened the public hearing and Town
Attorney Kramer presented Ordinance 04-24 which would denounce restrictive
covenants based on race or religion. He highlighted previous discussions on
restrictive covenants, the ability of property owners to take their own positions
against such covenants by recording the ordinance with the County Clerk and
Recorder alongside their property records, the legal impact and purpose of the
ordinance, and outreach to neighborhoods under restrictive covenants. Mayor
Koenig closed the public hearing and it was moved and seconded
(Hazelton/Younglund) to approve Ordinance 04-24, and it passed unanimously.
4. RESOLUTION 20-24 SUPPORTING BALLOT ISSUE 1A.
Town Administrator Machalek stated the Town has a ballot issue on the April 2,
2024 Ballot regarding the renewal of the Town’s existing 1% sales tax. He
highlighted the expiration of the current sales tax approved by voters in 2014, the
proposed 1% renewal package would expire June 20234 and allows for funding
for street maintenance, stormwater infrastructure, trail expansion/reconstruction,
wildfire mitigation, and powerline wildfire mitigation. The Board discussed previous
review of the ballot issue and funding allocation presented in the package. It was
moved and seconded (Cenac/Hazelton) to approve Resolution 20-24, and it
passed unanimously.
5. FINAL 2023 STRATEGIC PLAN PROGRESS REPORT AND AMENDED 2024
STRATEGIC PLAN. Town Administrator Machalek provided the final 2024
Strategic Plan progress report and presented amendments to the 2024 Strategic
Plan to include any incomplete objectives. The 2023 Strategic Plan included 59
objectives, 39 of which were completed, 2 ongoing objectives, and 18 incomplete.
Work continues on 12 of the incomplete objectives which would be carried over to
2024. Staff recommended 7 incomplete objectives that would not be carried over
due to implementation of new software, modified objectives for 2024, or other
implementation issues. The Board discussed the average number of objectives
which either get carried over or dropped, and unforeseen circumstances which
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Board of Trustees – March 12, 2024 – Page 4
impact objectives. It was moved and seconded (Hazelton/MacAlpine) to approve
the amended 2024 Strategic Plan as presented, and it passed unanimously.
REPORTS AND DISCUSSION ITEMS:
1. WORKFORCE HOUSING RENTAL ASSISTANCE PROGRAM.
Estes Park Housing Authority (EPHA) Executive Director Moulton began the
presentation by highlighting the importance of housing and defining workforce.
EPHA Manager Mabry presented the draft Workforce Housing Rental Assistance
program. They emphasized the program objectives, eligibility, funding impacts,
partnering with Crossroads Ministry for application processing and fund
disbursement, disbursement amounts, and data collection and review following the
first year of the program. The Board discussed eligibility requirements, advertising
the program, community outreach including in Spanish and Ukrainian, evaluation
of the pilot program, increasing the EPHA branding and communication program
to increase outreach of existing and upcoming programs, the 2024 Workforce
Housing Childcare Funding Plan, and program reporting.
Whereupon Mayor Koenig adjourned the meeting at 9:25 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary
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Town of Estes Park, Larimer County, Colorado March 12, 2024
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 12th day of March, 2024.
Board: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton,
Lancaster, MacAlpine, Martchink, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Cenac, Trustees Hazelton,
MacAlpine, Martchink and Younglund
Also Attending: Town Administrator Machalek, Deputy Town Administrator
Damweber, Town Attorney Kramer, and Deputy Town Clerk
Beers
Absent: Trustee Lancaster
Mayor Koenig called the meeting to order at 4:00 p.m.
ELECTRIC RATE STUDY.
Director Bergsten stated the electric rate study planned in 2020 was delayed due to
COVID. He reviewed how a cost-of-service model was used in the development of the
proposed new rates in order to continue to maintain a strong and sustainable financial
condition, to ensure high-quality utility services, and plan for future upgrades. The
electric utility was identified as a cost-based entity which relies solely on user fees.
Costs and revenues must be balanced to maintain operations and replace aging
infrastructure. He stated rate studies ensure equitable rates between customer classes.
In 2023, the Town contracted with NewGen Strategies & Solutions who presented the
Estes Park Power and Communications Rate Study Introduction and Financial Forecast
Results. Megan Helper/NewGen Strategies & Solutions Project Manager and Lead
Analyst reviewed the retail rate study process which was broken down into three steps:
financial forecast, cost allocation, and rate design. The financial forecasting model was
identified as a 5-year forward look, electric only (no Trailblazer costs included), which
projects financial performance and enables Power & Communication to perform
scenario analyses and impacts to retail rates. The financial forecast assumptions
included a $2 million average annual capital plan for 2024 through 2029; assumes no
grant or bond money would be used to fund capital; 1.5% average annual energy
consumption growth; and an annual increase to Platte River Power Authority (PRPA)
rates of 5% from 2025-2029. A 5% increase was recommended over the next six years.
Board comments have been summarized: Whether variable rates are taken into
consideration; causes of the 1.5% average annual energy consumption growth; debt to
service ratio; if the forecast included the projected increase through the Fish Hatchery
project; timeline for utility rate changes; the Board stressed the importance of creating
and promoting educational documents to help customers understand ways to reduce
increases in usage to keep rates low; the value of promoting the Larimer County Low-
Income Energy Assistance Program (LEAP) especially for fixed-income residents; and
the cost of the rate study. Staff would draft an ordinance for Board consideration at a
future meeting.
SHARED PARKING AGREEMENTS.
Town Administrator Machalek stated staff were approached by a business owner
interested in redeveloping a property adjacent to the Events Complex and parking lot,
and expressed interest in negotiating a shared parking agreement with the Town.
Section 7.11.G.2 of the Estes Park Development Code allows Town staff to approve
shared parking facilities for developments or uses with different operating hours or
different peak business periods if the shared parking complies with certain standards
related to location, zoning classification, shared parking study, and written agreement.
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Town Board Study Session – March 12, 2024 – Page 2
Staff requested Board feedback and interest in utilizing Town-owned parking spaces to
meet the off-street parking requirements for private developments through the use of
shared parking agreements as permitted in Section 7.11.G.2 of the Estes Park
Development Code, and if so, delegating the negotiation and oversight of shared
parking agreements to the Town Administrator or elsewhere. Board comments have
been summarized: whether the shared parking study would identify when the maximum
parking usage needs of each business was anticipated and the impacts to existing
facility parking; if approved what are the implications if future redevelopment occurs in
the area which require additional shared parking spaces; costs for a study and who
would be responsible for funding the study; discussion on the fairground’s varied
schedule, impacts to parking during events, and unutilized parking for portions of the
year on non-event days; whether the shuttle system can be utilized for the business to
transport patrons; whether the agreements, if approved, would be perpetual; concerns
for neighborhood impacts; questioned if the Estes Valley Recreation and Park District or
the Estes Park School District had been approached; and whether other municipalities
have similar agreements. Staff would provide the developer a response on the Boards
split interest in pursuing shared parking agreements, providing more information to the
Board when available, and research how shared parking agreements are handled by
other municipalities.
Break for dinner from 5:15 p.m. to 6:00 p.m.
ENCORE ARTS AND FAIRGROUNDS FACILITY RELOCATION COSTS.
This item was postponed to a future meeting.
SUBSTANDARD RENTAL HOUSING.
Town Administrator Machalek reviewed proposed implementation steps for addressing
substandard long-term rental housing. He stated members of the Town Board have
expressed concern about the poor condition of some rental units in Town. The 2021
American Community Survey indicates that 1,196 of the Town’s 3,123 occupied housing
units are renter-occupied (~38%). At the October 24, 2024 study session the Board
indicated interest in the following options for rental units in poor condition: create and
promote a list of tenant resources to empower tenants to address issues using existing
programs; and adopt a code amendment to apply the International Property
Maintenance Code (IPMC) to all long-term rental housing (more than 30 days), and
enforcing the code using a complaint-based process. He stated staff would develop a
list of tenant resources promoted on the Town’s website with the purpose of
empowering tenants to address issues using existing programs. If the Board wanted to
apply the IPMC to long-term rental housing, staff would bring forward a code
amendment extending the application of the IPMC to residential structures being used
for long-term rental housing. SAFEbuilt, building division contracted with the Town,
stated a willingness to provide training to the Town’s Code Enforcement Officer (CEO)
at an hourly rate of $115/hour as an addendum to the Town’s existing contract to
respond to complaints and inspections ($115/inspection) which would be billed
separately to the Town. Discussion ensued regarding red tagging units, impacts to J1
workers and Board comments have been summarized: Concern was stated regarding
alternative housing options for J1 workers in red tagged units; potential violations of
their working agreements; J1 workers typically wait until the end of their contract before
reporting living conditions due to housing stability fears; how to remove barriers to
reporting issues; how would staff be able to identify whether the renter was a J1 worker;
the anticipated number of hours needed to train the CEO; and who would cover the
inspection costs. Town Attorney Kramer stated red tagging would be a single option for
enforcement and alternate options including a fine may encourage a change in
condition to bring the property up to safety standards. Staff would review what other
communities may be implementing related to J1 workers. Town Administrator Machalek
stated the CEO would be the first point of contact and if the concern(s) were substantial,
building and safety related, those complaints could be escalated to the Chief Building
Official. Staff recommended a 6-month to 1-year review on reporting to review patterns.
The Board recommended promoting tenant resources and partnering with other entities
to provide information to renters. Staff verified that Larimer County reviews these types
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Town Board Study Session – March 12, 2024 – Page 3
of calls and evaluates which steps would keep them aligned in the Estes Valley. Mayor
Pro Tem Cenac contacted the Colorado Association of Ski Town’s to determine if other
communities have addressed the issue. The Board recommended translating
informational documents into Spanish as well as other languages if needed. Staff would
draft an ordinance for Board consideration, would set a 6-month and 1-year check in,
and would develop resources including translation options.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Discussion ensued regarding potentially suspending seasonal paid parking during the
Downtown Estes Loop construction and impacts to the regular meeting Consent
Agenda #6 Resolution 17-24. The item would be pulled for additional discussion by the
Board.
Trustee Martchink provided the Board with interest in updating the Transportation
Advisory Board bylaws to include a joint consideration between the Chair and the staff
liaison prior to holding or cancelling meetings. He stated although existing bylaws have
a provision for the cancellation of regular scheduled meetings, the joint communication
for holding or cancelling meetings would benefit both staff and the members to only hold
meetings when necessary. He added the Board considering an update to the bylaws
would show support in cancelling meetings with no agenda for the best use of staff and
volunteer time.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek requested and it was determined to add the Trailblazer
Broadband Construction Update to approved unscheduled.
There being no further business, Mayor Koenig adjourned the meeting at 6:45 p.m.
Bunny Victoria Beers, Deputy Town Clerk
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Town of Estes Park, Larimer County, Colorado, December 19, 2023
Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the
Town of Estes Park, Larimer County, Colorado. Meeting held in said Town of Estes Park
on December 19, 2023.
Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Charles
Cooper, Chris Pawson, David Shirk
Attending: Vice-Chair Heiser, Commissioners Cooper, Shirk, Interim
Community Development Director Jason Damweber, Senior
Planner Paul Hornbeck, Recording Secretary Karin
Swanlund, Town Attorney Dan Kramer, Town Board Liaison
Barbara MacAlpine
Absent: Comstock, Pawson (recused)
Vice Chair Heiser, acting as Chair, called the meeting to order at 1:30 p.m. Approximately
15 people were in attendance.
AGENDA APPROVAL
It was moved and seconded (Shirk/Cooper) to approve the agenda. The motion
passed 3-0.
INTRODUCTIONS
PUBLIC COMMENT:
Barbara MacAlpine, Town Board liaison, encouraged the Commissioners to attend a joint
Study Session with the Town Board on February 13. She also expressed appreciation to
the Planning Division staff during this turbulent time.
CONSENT AGENDA APPROVAL
It was moved and seconded (Cooper/Shirk) to approve the consent agenda. The
motion passed 3-0.
ACTION ITEMS
1. Preliminary Plat 685 Peak View, Coyote Run Senior Planner Hornbeck
Frank Theis, Owner/Applicant
The applicant proposes a four-lot subdivision named Coyote Run Subdivision for single-
family residential use. Lots one through three will be slightly over the one-acre minimum
lot size required by the E-1 zone district. Lot four will be approximately 4.4 acres and
contains one existing single-family residence.
Access to lots one through three will be from Peak View Drive, utilizing a shared driveway
located within an access easement that the lot owners will privately maintain. The existing
single-family home on lot four will continue to use the driveway from Peak View Drive,
east of the proposed new access point.
DISCUSSION:
Jennifer Waters, Town Civil Engineer, stated that the final plat should reference the 2023
drainage standards that went into effect last summer. The construction plans will have to
reflect all Public Works recommendations. Drainage will have to be piped under the 10-
foot trail. The driveway is not considered a street and must be paved. Type R inlets are
associated with a street and, therefore, are not required. The driveway drainage goes into
a culvert under the proposed driveway. There is a swale on Lot One and Peak View.
Owners will record a maintenance agreement, which does not require an HOA. A traffic
study was not required for this application.
Frank Theis, owner and applicant, lives in the house on Lot 4 and plans to continue living
there. He stated that he wants to build houses, and this process has taken a long time.
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Planning Commission – December 19, 2023 – Page 2
In his opinion, "sections" of trails don't get used, and he would rather spend money on
other sidewalks/trails in the community in lieu of building a trail.
PUBLIC COMMENT:
John Guffey, 561 Chapin Lane, has concerns about today's leadership and youth, stating
that they should take responsibility for nature.
Kristine Poppitz, 650 Devon Drive, would like an HOA requirement as a condition of
approval. She is against the waiver of a trail requirement and thinks an escrow for Lot 4
would be a good idea since it isn't being developed at this point.
Dan Scace, 606 Longs Drive, building a trail would enhance Peak View Drive.
James Poppitz, 650 Devon Drive, agrees that a trail is needed and expressed concerns
about avoiding an open space with future development, causing a problem for wildlife.
Susie Kazynski, 610 Devon Drive, suggested considering the trail as a starting point that
can be expanded instead of a trail to nowhere. This would improve safety.
The final decision on the waiver of a trail is the responsibility of the Town Board, per Town
Attorney Dan Kramer. There is no provision in the code to waive building the trail.
Vice Chair Heiser explained that three months ago, Public Works stated that an attached
200-foot sidewalk would suffice. Now, we require an easement over ½ an acre and a 10-
foot detached sidewalk. It's a lot to continue asking more of the applicant. A 25-foot
easement for a future trail should be sufficient.
Commissioner Shirk read findings from the Development Code:
4.3.d.3.a: provisions shall be made for pedestrian linkages…
4.3.d.3.c: sidewalks shall be provided…
10.5.d.1: …all subdivisions shall provide pedestrian linkages…
10.5.d.2: sidewalks shall be required…in all zoning districts.
The code requires this, and it should not be waived.
D.3.b.5: new curb cuts shall be minimized…, thus a request to move the existing driveway
on Lot 4 to Lot 1.
Theis removed his request for the waiver, deferring to Public Works' recommendation.
Cooper and Shirk want to see a trail on lots one and four. Heiser noted that Public Works
has waived this requirement in the past.
It was moved and seconded (Shirk/Cooper) to forward a recommendation of
approval to the Town Board of Trustees of the Coyote Run Preliminary Subdivision
Plat, according to findings and conditions of fact recommended by Staff with the
following conditions of approval:
a. The applicant shall provide a ten-foot-wide concrete trail for the length of
the Peak View Drive frontage on lots one and four.
b. Any outstanding staff and referral agency comments shall be addressed on
the final subdivision plat.
The motion passed 3-0.
There being no further business, Vice-Chair Heiser adjourned the meeting at 2:30 p.m.
_______________________________
Vice-Chair Heiser
Karin Swanlund, Recording Secretary
Page 36
EVENTS & VISITOR
SERVICES
Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Rob Hinkle, Events and Visitor Services Director
Date: March 26, 2024
RE: Duck Race Permit Application for Use of Bond Park
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Bond Park
QUASI-JUDICIAL YES NO
Objective:
To receive Town Board approval to use Bond Park for a new event. This new event will
be an expansion of the Duck Race Festival also being held in George Hix Riverside Plaza
on Saturday May 4th from 10:00am-4:00pm.
Present Situation:
The Estes Park Rotary Club has submitted a permit application for the use of Bond Park
to expand the 36th annual Duck Race Festival in George Hix Riverside Plaza that will be
held Saturday, May 4, 2024 from 4:00 pm-7:00 pm to include Bond Park. The festival will
include family activities and entertainment at Bond Park. Set up for this event will be from
8:00am-10:00am and tear down will be from 5:00 pm until 8:00pm after the event.
Expected attendance is 2,000 people.
Proposal:
Before granting a special event permit for a new event in Bond Park, the event shall be
submitted to the Town Board for review and approval.
Advantages:
This event will draw people downtown in May between three different venues, Bond Park,
George Hix Riverside Plaza, and Performance Park.
Disadvantages:
Parking in front of Town Hall will be blocked off on May 4, 2024.
Action Recommended:
Approval of the use of Bond Park for the Duck Race Festival on May 4, 2024.
Page 37
Finance/Resource Impact:
N/A
Level of Public Interest
Low Level of Interest
Sample Motion:
I move for the approval of Visit Estes Park’s use of Bond Park for the Duck Race Festival
on May 4, 2024.
Attachments:
1.2024 Duck Race Festival Permit Application
2.2024 Duck Race Festival tentative layout
Page 38
Special Event Permit Application
Event Information Applicant Information Banners & Flags Additional Items Visit Estes Park Calendar Space Supporting Documents
Events Initial Review
EVENT INFORMATION
If you are applying for a new event you must apply at least 120 days prior to the event, to allow time for Town Agencies and Town Board approvals. If you are applying
for an existing event, you must apply at least 60 days prior to the event.
Please make sure to have the following documents ready to upload along with your application. You will not be able to complete the application without these
documents:
Map of the park you are requesting with your layout overlaid, event logo for advertising, map of route if parade/race/marathon.
Your application is not complete until you have finished All pages and signed the form.
Application Number
27495
Event Name *
Estes Park Rotary Duck Race Festival
Event Start Date *
2024-05-04
New or Existing Event?*
New (requires 120 days for review)
Existing (requires 60 days for review)
Frequency *
One Day Multi-Day Weekly Monthly
Event hours
Do not include set up & tear down hours. If events is over multiple days list the hours for each day.
10:00 a.m. - 4:00 p.m.
Example: Friday 4-7pm or Saturday and Sunday 9am-9pm
Event Date Details
Complete each event date below for the current year application. To add additional dates, select "Add Another Date". If set up is the day before, do not include the set up date.
Date of Event Event Hours
Additional Event Day
Do not include set up & tear down hours. If events is over multiple days list the hours for each day. Example: Friday 4-7pm or Saturday and Sunday 9am-9pm
Add Another Date
YYYY-MM-DD
Set Up Date *
2024-05-04
Set Up Hours *
8:00 a.m. - 10:00 a.m.
Tear Down Date *
2024-05-04
Tear Down Hours *
5:00 p.m. - 8:00 p.m.
Type of Event *
Concert Craft/Art Fair
Demonstration Festival
Parade Race
Attachment 1
Page 39
Rally Road Closure
Other
If your event involves county roads, (i.e. hwy 34, etc.) you must also apply for a permit through Larimer County at https://apps.larimer.org/specialevent/
A TCP (Traffic Control Plan) may be required.
Group Type *
Local Non-Profit
Locally Sponsored
Other
* To be considered for a local non-profit rate, you must be registered with the Secretary of State as a non-profit organization and 80% of membership must reside in the Estes Valley.
Description of Event *
The 36th annual Rotary Duck Race Festival will be held Saturday, May 4, 2024. The Rotary Club of Estes Park, with the help of many generous community
volunteers, is proud to carry on this long and storied tradition of the Duck Race. The festival will include live entertainment, sales of duck-related merchandise
and fun family activities at George Hix Riverside Plaza, Nicky’s Resort & the Wapiti Colorado Pub, Performance Park, and Bond Park. Bond Park activities will
What is your target market for your event?*
The Duck Race Festival is a beloved for the community that signifies the opening of the travel season and draws thousands of visitors to our community on the
first Saturday in May, (May 4, 2024) Cash prizes of $10,000, $6,000, and $4,000 as well as an estimated 300-400 merchant prize donations of at least $25 each are
expected to attract thousands of people to the festival. Delaware North, owner of the Holiday Inn, has also contributed a two-night stay at an Explorer Cabin at
How will this event involve the Estes Park Community *
As a fundraiser for 63 charitable organizations in the Estes Valley, the primary market is adults 18 and over who want to purchase duck adoptions in the names
of their favorite Estes Valley charities. As a community festival, we are also marketing to families, organization supporters, merchants, and sponsoring
businesses, as well as visitors to the Estes Valley to make the festival a true community event. A variety of entertainment and family-oriented activities will be a
Select the Parks and Open Space Area to be used for the Event
*There are fees associated with the use of these locations.
Desired Location *
Bond Park (new events require Board approval)
Performance Park
Riverside Plaza
Other
Are you interested in using any or all of these other venues?
If so, which venue(s)
Performance Park
Riverside Plaza
Estimated total number of participants *
staff, vendors, and volunteers
80
Estimated number of spectators *
Attendance
2,000
Alcohol being served?*
Yes No
Alcohol being sold?*
Yes No
Is food being served or sold?*
Yes No
Road closures?*
Yes No
Parking spaces or lot closures?*
There is a cost associate with using parking spaces/lots (Mid May - Mid
Oct)
Yes No
Traffic control needed?*
Yes No
Increased Traffic?*
Yes No
Request for security?*
Any overnight events & events selling or serving alcohol require security
Yes No
Page 40
Next
Tents or canopies set up?*
Yes No
Electricity required?*
Yes No
Commercial Vendor booths?*
Vendor booths are only allowed in Bond Park. (There is a $20 per vendor
fee. Food Trucks excluded.)
Yes No
Concession vendor?*
Any event with food or alcohol requires trash service
Yes No
Live music or DJ?*
Yes No
Irrigation off?*
Yes No Not Applicable (races, etc.)
Attach Accompanying Files
In order to review your event more effectively, please attach your event layout. Please specify the location of the vendor tents, activities, food, restrooms, etc.
Event Map *
Drag and drop files here to upload or
Upload
Files (2 uploaded)
Riverside Plaza Map (2).docx (1).pdf 262.08KB Remove
Duck Race Festival - 2024 Bond Park Map.pdf 838.99KB Remove
Previous
Page 41
Special Event Permit Application
Previous Next
Event Information Applicant Information Banners & Flags Additional Items Visit Estes Park Calendar Space Supporting Documents
Events Initial Review
Organization *
Estes Park Rotary Club
First Name *
Scott
Last Name *
Robbins
Address
Street Address *
15 Meadowview Dr
Address Line 2
City *
Estes Park
State / Province / Region *
CO
Postal / Zip Code *
80517
Country *
United States
Email *Confirm Email *
bigduck@epduckrace.org
Contact Phone #*
Please enter without dashes: ##########
7208383215
Phone # for public use *
Please enter without dashes: ##########
7208383215
Alternate Contact First Name *
Karen
Alternate Contact Last Name *
Thompson
Alternate Contact Phone #*
9705909942
Related Website
www.epduckrace.org
Page 42
Special Event Permit Application
Previous Next
Event Information Applicant Information Banners & Flags Additional Items Visit Estes Park Calendar Space Supporting Documents
Events Initial Review
Please read and understand the policies and procedures regarding banners, flags, and marquee. You can find this information on our website
at https://www.estesparkeventscomplex.com/banners-flags-marquee.html
Request for signage *
Yes No
Signage *
Check all that apply
Banner 34/36 intersection $100.00
Banner Visitor Center $50.00
Flags $75.00 + $2.00 per flag
*Request does not guarantee availability.
Description of 34/36 banner:*
Please include specific wording, logos being used, and color scheme
Rotary Logo, Named Sponsor logo, Estes Park Duck Race Festival, yellow, blue, and white colors
Description of VC banner:*
named Sponsor Logo, Rotary logo, Estes Park Rotary Duck Race Festival
Use
Banners &Flags are displayed the Monday prior to an event until the Monday following an event.
Use date from:*
4/29/2024
Use date to:
5/6/2024
Agreement
The applicant hereby indemnifies and holds the Town of Estes Park, its employees, officers and agents harmless from all claims, demands and damages the
Town, its employees, officers and agents may incur as the result of the display of the banner set forth in this application. Said indemnity shall include, but not
be limited to, all costs of defense, including reasonable attorney’s fees, expert witness fees and court costs incurred by the Town as a result of any such claim.
Submitting this form is an agreement to these terms.
Banner / Marquee / Flag Policies
By checking the box below I acknowledge that I have read and agree to the Banner / Marquee / Flag Policies and will pay
the associate fees upon approval.
*
Yes
Today's Date
2024-01-14
Page 43
Special Event Permit Application
Previous Next
Event Information Applicant Information Banners & Flags Additional Items Visit Estes Park Calendar Space Supporting Documents
Events Initial Review
Tents & Seating
Bleachers $50.00 per event
Folding Chairs $1.00 each
Folding Tables $3.00 each
Stage (16 x 13) $250.00 (includes set up and tear down)
RV Guidelines: If you are allotted spaces in the Fairgrounds RV campground please note that vendors, performers, participants, etc. can reserve spaces no earlier than
the day before load in up until the day after the event. We have multiple overlapping events and longer stays are prohibited. NO EXCEPTIONS.
RV Camping at Fairgrounds
Request for RV camping does not guarantee availability
With electric & Water $35.00 per night per space
Without Electric & Water $20.00 per night per space
Sound System
Portable PA $75.00 per event
* All rental fees will be invoiced and payable within 30 days from the invoice date.
Page 44
Special Event Permit Application
Event Information Applicant Information Banners & Flags Additional Items Visit Estes Park Calendar Space Supporting Documents
Events Initial Review
This information will be provided to the public through Visit Estes Park's calendar list. If you do not complete this section at this time it will be your responsibility to
contact Visit Estes Park to get your event listed on their calendar. You may also contact Visit Estes Park at any time to discuss other advertising options they have
available.
Visit Estes Park Calendar
Would you like your information displayed on Visit Estes Park's calendar once your event is approved?
Yes No
Event Name
Estes Park Rotary Duck Race Festival
Admission Price *
Please list all levels (i.e. Adult $10.00, Child $5.00) If none please type free
none
Event Description *
The 36th annual Rotary Duck Race Festival will be held Saturday, May 4, 2024. The Rotary Club of Estes Park, with the generous help of many volunteers, is proud
to carry on the storied tradition of the Duck Race. The festival will include live entertainment, sales of duck-related merchandise and fun family activities at
George Hix Riverside Plaza, Performance Park, and Bond Park. Major Sponsors and Participating Organizations may host 8' tables to sell duck adoptions and
inform the public about the missions of their organizations The Duck Drop will occur at Nicky's Steakhouse at 1:00 p.m. and the finish line will be at George Hix
Riverside Plaza. Fifty volunteer deputies will observe the race from the banks of Fall River and the Pied Piper will walk the entire route to keep an eye on the
Email *
Available to the public - to address questions
bigduck@epduckrace.org
Host Organization *
Estes Park Rotary Club
Category *
Festivals & Special Events
Event Website *
www.epduckrace.org
Event Phone Number
Available to the public - to address questions
7208383215
Next 5 Occurrences *
If none, please use NA
NA
Event Start Date
YYYY-MM-DD
Event Times *
Beginning & ending times
10:00 a.m. - 4:00 p.m.
Page 45
Previous Next
Frequency *
One time, daily, weekly, monthly
one time
Event Logo *
Drag and drop files here to upload or
Upload
Files (1 uploaded)
rotary-logo-1.jpg 146.84KB Remove
Online tickets available at:
Website
NA
Tickets available in person at:
Physical address including city, state and zip
NA
Page 46
Participating Organization Tables
Food Tents
Rest Rooms
Rest
Rooms
< ELKHORN AVENUE >
RO
A
D
C
L
O
S
E
D
Music Schedule
Saturday
10:30 -12:00pm
Djembe Jive Drum Group
12:30- 2:00pm
Nielson/Nicholson
2:30 - 4:00
Band TBD
ESTES PARK DUCK RACE – MAY 4, 2024
Shelterbox Bleachers Family Activities
Duck Race Merchandise Sales
Attachment 2
Page 47
Page 48
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Trevor Wittwer, EIT, Civil Engineer
Jeff Bailey, PE, PTOE, Town Engineer
Date: March 26, 2024
RE: Resolution 16-24 Contract Extension with Colorado Barricade Company
for 2024 Striping & Pavement Markings - $111,100 Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek Town Board approval of a contract extension with Colorado
Barricade Company (Colorado Barricade) to perform striping and pavement marking on
multiple roads in the Town of Estes Park.
Present Situation:
Through a competitive bid process, Colorado Barricade was awarded the striping and
pavement marking contract in 2023. Colorado Barricade has a good reputation and
extensive experience performing pavement marking work in Estes Park. The Town was
satisfied with their work in 2020, 2022, and 2023. The 2023 contract documents
included a provision that allows the Town to extend the contract for an additional three
years in one-year increments. This is the first extension of that contract. Colorado
Barricade has expressed their interest in extending the contract by another year and are
available to continue this work in 2024.
Proposal:
Staff propose extending the original 2023 Colorado Barricade contract to complete the
2024 Striping & Pavement Markings.
Advantages:
• This contract delivers cost-effective surface treatments on multiple roads in Estes
Park.
• Residents expect the Town to maintain striping quality to provide safety for both
vehicular users and pedestrians.
Page 49
Disadvantages:
•Striping operations will cause temporary, brief disruptions of traffic in the proposed
work areas; however, work will be scheduled to minimize disruptions.
•Replacing thermoplastic crosswalks and stop lines comes with an increased cost,
but longer life span.
Action Recommended:
Public Works staff recommend approval of the attached Contract Change Order in the
amount of $111,100 to extend the contract with Colorado Barricade for 2024 Striping &
Pavement Markings.
Finance/Resource Impact:
This project is funded from the Streets Operations & Maintenance account, which
includes $122,684 for striping work in the approved 2024 budget. The budget was
increased in 2024 to cover the addition of higher priced thermoplastic pavement
markings.
Level of Public Interest
Public interest is expected to be low.
Sample Motion:
I move for approval/denial of Resolution 16-24.
Attachments:
1.Resolution 16-24
2.Contract Renewal #1 – 2024 Colorado Barricade
3.Change Order #2 – Colorado Barricade
4.2024 Striping Maps – Exhibit A
Page 50
RESOLUTION 16-24
APPROVING A CONTRACT EXTENSION AND CHANGE ORDER WITH COLORADO
BARRICADE COMPANY FOR 2024 STRIPING & PAVEMENT MARKINGS
WHEREAS, the Town Board wishes to enter a construction contract and change
order referenced in the title of this resolution for 2024 striping and pavement markings.
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 construction contract
extension referenced in the title of this resolution, as well as Change Order No. 2 to the
contract, in substantially the form now before the Board. The maximum expenditure
amount is $111,100.00 for this work.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 51
Attachment 2
Page 52
Page 53
Page 54
Page 55
CONTRACT CHANGE ORDER NO. 2
2/22/2024 Contractor Colorado Barricade Company
Trevor Wittwer Address 2295 S. Lipan Street
2024 Striping & Pavement Markings City State Zip Denver, CO 80223
Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed.
1 Reason for change (narrative)
A
B
2a Description of change (narrative)
A
B
2b NO. ITEM NO. ITEM DESCRIPTION
CURRENT
CONTRACT
QTY UNIT
BID UNIT
COST
CURRENT
ITEM COST
C. O.
QTY
C. O.
AMT
ADJUSTED
ITEM COST
202-00250 Removal of Pavement Markings SF $2.00 1110 $2,220.00 $2,220.00
627-00011 Pavement Mkg Paint (Waterborne)(Yellow)GAL $70.00 555 $38,850.00 $38,850.00
627-00011 Pavement Mkg Paint (Waterborne)(White)GAL $70.00 271 $18,970.00 $18,970.00
627-00011 Curb Mkg Paint (Waterborne)(Yellow)LF $4.00 970 $3,880.00 $3,880.00
627-00011 Curb Mkg Paint (Waterborne)(Red)LF $4.00 5389 $21,556.00 $21,556.00
627-30205 Thermoplastic Pavement Marking (Word-Symbol)SF $25.00 48 $1,200.00 $1,200.00
627-30210 Thermoplastic Pavement Marking (Xwalk-Stopline)SF $10.00 1062 $10,620.00 $10,620.00
630-80511 Traffic Control LS $1,500.00 1 $1,500.00 $1,500.00
626-00000 Mobilization LS $12,304.00 1 $12,304.00 $12,304.00
$111,100.00
COSTS Original contract amount (2023)$99,500.00
Change in contract costs previous change orders (2023)-$
Adjusted contract amount (2023 Final)99,500.00$
Change in contract costs this change order $11,600.00
Adjusted contract amount (2024 Original)$111,100.00
TIME Original Completion date (2023)6/16/2023 date
Change in contract time previous change orders (2023)7/14/2023 date
Adjusted contract time date
Original completion date date
Final Completion date (2024)5/24/2024 date
APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto.
TOWN OF ESTES PARK CONTRACTOR
Approved by Project Manager Date Contractor signature Date
Approved by Engineering Manager Date Contractor title
Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS
ENGINEERING MGR $30,000
DIRECTOR $50,000
Approved by Town Administrator Date T. ADMINISTRATOR $100,000
MAYOR/ BOARD >$100,000
Copies to: project file, Finance Dept, Town Clerk
Approved by Mayor/ Board Date Signature appropriate to authority level only required
Insert 2024 program quantities and unit costs at the previously established unit costs, or at fair and negotiated 2024 unit costs, as agreed upon by Contractor and Owner.
The Town intends to exercise its option to extend the Colorado Barricade contract for another year. Adjust contract time to allow for completion of the 2024 program.
Submitted by
Project name
Project#
Date
Adding 2024 Striping & Pavement Markings quantities.
Provide contract extension time to complete 2024 work.
Page 1 of 1
2/22/24
Estimating Manager
Attachment 3
Page 56
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 420 840Feet
1 in = 750 ft±Town of Estes ParkPublic Works 2024 Striping
Attachment 4
Page 57
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 440 880Feet
1 in = 785 ft±Town of Estes ParkPublic Works 2024 Striping
Page 58
Big Thompson
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 70 140Feet
1 in = 131 ft±Town of Estes ParkPublic Works 2024 Striping
Page 59
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 440 880Feet
1 in = 785 ft±Town of Estes ParkPublic Works 2024 Striping
Page 60
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 440 880Feet
1 in = 785 ft±Town of Estes ParkPublic Works 2024 Striping
Page 61
Big Thompson River
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 440 880Feet
1 in = 785 ft±Town of Estes ParkPublic Works 2024 Striping
Page 62
Fall River
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 420 840Feet
1 in = 750 ft±Town of Estes ParkPublic Works 2024 Striping
Page 63
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This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon.
Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.
0 440 880Feet
1 in = 785 ft±Town of Estes ParkPublic Works 2024 Striping
Page 64
POLICE DEPARTMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Captain Rick Life
Date: March 26, 2024
RE: Resolution 21-24 2024 Intergovernmental Agreement with the Larimer
County Sheriff for Work Performed at Larimer County Events
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
The Town of Estes Park Police Department (EPPD) and the Larimer County
Sheriff’s Office (LCSO) desire to work together to provide security and traffic control
at the Ranch events complex.
Present Situation:
This agreement is an existing MOU between the two listed agencies. This agreement
covers the partnership between the Town of Estes Park (specifically, Estes Park Police
Department), and the Larimer County Sheriff’s Office (LCSO) to allow EPPD police
officers to work with the LCSO to provide security and traffic control at the Ranch
events complex.
Proposal:
To enter into this agreement.
Advantages:
The MOU allows EPPD police officers to work with the LCSO to enhance security and
traffic control services at the Ranch. It gives officers and opportunity to make additional
money outside of their regular salary. Officers will have an opportunity to connect with,
teach, and learn from officers in other agencies.
Disadvantages:
The rate of pay reimbursement in the agreement does not cover the pay of our senior
officers.
Page 65
Action Recommended:
Staff recommends approval of this agreement on the Consent Agenda.
Finance/Resource Impact:
The Town will bill the Ranch $77.00 per hour for each police officer and $83.00 per hour
for sergeants. The Town will pay officers at their time and a half overtime rate.
Level of Public Interest
Staff believes that this topic is of low interest to the members of the community.
Motion:
I move for the approval of Resolution 21-24.
Attachments:
1.Resolution 21-24
2.Intergovernmental Agreement with Larimer County Sheriff
Page 66
RESOLUTION 21-24
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE
LARIMER COUNTY SHERIFF FOR WORK PERFORMED AT LARIMER COUNTY
EVENTS
WHEREAS, the Town Board wishes to enter a memorandum of understanding
referenced in the title of this resolution for the purpose of setting forth, defining and
establishing mutual agreements, understandings, and obligations with the Larimer
County Sheriff for work performed at Larimer County Special Events, and work performed
at the Larimer County Fairgrounds and Event Complex known as “The Ranch.”
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the agreement referenced
in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 67
INTERGOVERNMENTAL AGREEMENT
By and Between
The Larimer County Sheriff and
The Town of Estes Park Police Department
1.Purpose. The purpose of this Memorandum of Understanding (MOU) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between the Larimer
County Sheriff and the Town of Estes Park Police Department (“Agency”) for work performed
at Larimer County Special Events, and work performed at the Larimer County Fairgrounds
and Event Complex known as “The Ranch.”
2.The Larimer County Sheriff. The Larimer County Sheriff is responsible, by agreement, for
coordination of all scheduled law enforcement duties and responsibilities at The Ranch, an
events complex which is owned by Larimer County and located within the city limits of
Loveland, Colorado. The Larimer County Sheriff may also be called upon to provide law
enforcement functions at special events held throughout Larimer County.
3.Duplicity of Services. Because it is desirable to provide the most efficient and comprehensive
law enforcement services, the Larimer County Sheriff and the Agency agree that the primary
law enforcement authority at The Ranch and Larimer County Special Events will be the
Larimer County Sheriff.
4.Managing Events and Public Safety. It is in our community’s best interest that law
enforcement and public safety be consistent, effective, and efficient. During events at The
Ranch or Larimer County Special Events when law enforcement and public safety services are
needed, the following criteria is agreed to:
4.1. The Larimer County Sheriff’s Office will work in conjunction with the Agency to provide
routine and emergency law enforcement services on The Ranch property or premises of
the Special Event, during special occasions and when increased law enforcement service
resources are needed.
4.2. The Incident Command System (ICS) for management will be the primary structure during
multi-agency staffed events. This will include major shows at the Blue Events Center, the
Larimer County Fair, and other events which require traffic and security services. The
Larimer County Sheriff’s Office will provide an Incident Commander (IC) for all such
events and will be responsible for managing law enforcement services.
4.3. Because both agencies agree to work under the Incident Command System, law
enforcement officers may be asked to work a temporary duty assignment for a supervisor
from the other agency, (i.e., an Agency’s police officer may work an assignment and be
supervised by a Larimer County Sheriff’s Office, Loveland Police Department, Fort
Attachment 2
Page 68
2
Collins Police Services or other agency’s supervisor). During any given event, job
positions and staffing will be clearly defined in the Incident Action Plan (IAP).
4.4. For events at The Ranch, the Larimer County Sheriff’s Office will further be responsible
to develop a traffic and parking plan to ensure the smooth flow of traffic during events.
The plan will be provided to the Loveland Traffic Engineering Department for approval.
The Larimer County Sheriff’s Office will obtain all necessary permits from the City of
Loveland and the Colorado Department of Transportation for traffic direction and control.
4.5. For events at The Ranch, the Larimer County Sheriff’s Office will provide a qualified
lieutenant to coordinate all law enforcement needs and services with The Ranch staff. The
Sheriff’s Office lieutenant will work with an Agency representative to ensure that
necessary resources are coordinated to meet the community’s needs.
5. Compensation. Routine and common law enforcement services will be handled normally and
will not be additionally compensated, for purposes of clarity, nothing in this agreement shall
modify or supersede any mutual aid agreement. However, during special events when
additional monetary compensation is necessary to hire law enforcement officers, the Larimer
County Sheriff’s Office will negotiate with The Ranch management or Special Event
management to determine a fair monetary amount.
5.1. The hourly compensation for officers working assignments at The Ranch or Special Events
may periodically change. Changes will be in writing, mutually agreed upon between the
parties to this agreement.
5.2. The general compensation rate for non-supervisory services by law enforcement officers
shall be seventy-seven ($77.00) per hour and eighty-three ($83.00) per hour for
supervisory services (Sergeants or above).
5.3. The Sheriff’s Office lieutenant will ensure that invoices for work outlining the proper
compensation are completed and submitted to The Ranch staff or Special Event
management for payment. Funds will be issued to the Agency. The Agency will be
responsible for paying its own employees. Payments from The Ranch or Special Events
will not be made to individual officers directly.
6. Personnel. The Larimer County Sheriff’s Office will determine the appropriate number of
officers needed for traffic and security concerns for events at The Ranch or other Larimer
County Special Events. A request is then made to the Agency to help meet those staffing
needs.
6.1. A request outlining the specific personnel needs for each event will be given to the
designated Agency representative. The request will include the number of personnel, the
date and time of the event, the estimated duration of the event, and where and when
officers should report for duty. The Agency will reasonably attempt to assign staff to meet
the requested needs as appropriate. If it is not possible for Agency personnel to fill the
Page 69
3
requested staffing requests, notification will be made to the Sheriff’s Office Ranch staff
as soon as possible.
6.2. When personnel are assigned to fulfill work requests, the Agency agrees to provide a fully
trained and equipped police officer to fill staffing requests.
6.3. Although Agency officers may be supervised during an event by a Sheriff’s Office
supervisor, the Agency remains responsible for the actions of its own personnel. This
Intergovernmental Agreement will not replace any policies or procedures normally
established and used by the Agency.
7. Effective Date and Term. This agreement shall be effective January 1, 2024 and shall
continue through and including December 31, 2024 after which it shall automatically terminate
unless extended in writing upon agreement of all parties. Notwithstanding the specified term,
any signatory may terminate this agreement by delivering a 60-day written notice of
termination, signed by its designated representative, to the designated representatives of each
of the other signatories.
8. No Third-Party Beneficiaries. This Agreement is made for the sole and exclusive benefit of
the Parties hereto and shall not be construed to be an agreement for the benefit of any third
party or parties and no third party shall have a right of action hereunder for any cause
whatsoever.
9. Waiver. No waiver by any of the Parties hereto of any of the terms and conditions of this
Agreement shall be deemed to be or be construed as a waiver of any other term or condition
of this Agreement, nor shall a waiver of any breach of this Agreement be deemed to constitute
a waiver of any subsequent breach of the same provision of this Agreement.
10. Severability. If any provision of this Agreement, or the application of such provision to any
person, entity or circumstance, shall be held invalid, the remainder of this Agreement, or the
application of such provision to persons, entities, or circumstances other than those in which it
is held invalid, shall not be affected thereby.
11. Relationship of Parties. The Parties hereto enter into this Agreement as separate and
independent governmental entities and each shall maintain such status throughout the term of
this Agreement.
12. Signature Authority. The persons who sign and execute this Agreement represent that they
are duly authorized to execute this Agreement in their individual or representative capacity.
13. Binding Effect. The Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors and assigns.
14. Counterpart Signatures. The Parties agree that counterpart signatures of this Agreement
shall be acceptable and that execution of the Agreement in the same form by each and every
party shall be deemed to constitute full and final execution of the Agreement.
Page 70
4
LARIMER COUNTY SHERIFF'S OFFICE TOWN OF ESTES PARK POLICE
DEPARTMENT
By: By:
John Feyen, Sheriff Ian Stewart, Interim Chief of Police
Larimer County, Colorado Estes Park, Colorado
Date: Date:
LARIMER COUNTY, COLORADO TOWN OF ESTES PARK, COLORADO
By: By: _____
Lorenda Volker, County Manager Mayor
Larimer County Estes Park, Colorado
Date: Date:
ATTEST:
By: ________________________________
Town Clerk
APPROVED AS TO FORM:
By: ________________________________
Town Attorney
County Attorney Approved Template: 11/17/2023
Page 71
PUBLIC COMMENT RECEIVED ON 3/21/2024
Board of Trustees Public Comment
Name: joan hooper
Stance on Item: Against
Agenda Item Title: Resolution 21-24.
Public Comment:
This is a good idea if it allows our officers latitude to take on extra hours and earn extra pay. It is laudable
that the officers would be paid time and a half by Estes Park. The concern is that the town receives a set
rate ($77.00/hr for officers, $83.00/h for sergeants), a rate that does not cover the cost of senior officers.
This means that the town would end up paying the difference, in effect subsidizing LCSO and/or The
Ranch. If EP Police receive pay raises, the problem becomes even worse. The MOU should be
renegotiated to assure that the town will never pay a penny towards expenses in this endeavor; and that
the town gets reimbursed to cover both the officer costs and the accommpanying administrative costs.
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Page 72
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jacqui Wesley, Project Manager
R. Bergsten, Utilities Director
Date: March 26, 2024
RE: Resolution 22-24, Additional Expenditures for a Contract with Advanced
Engineering and Environmental Services, LLC for Professional Services
Related to Town Water System Infrastructure - $250,000 Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Efficient use of customer revenues by outsourcing work to subject matter expert
consults and requesting authorization of up to $250,000 in 2024 with the consulting firm
Advanced Engineering and Environmental Services, LLC (AE2S).
Present Situation:
POLICY 601, Spending Authority & Limits, requires the Town Board’s approval for
expenditures over $100,000. In September 2022, the Town approved 5-year contracts
for water system on-call engineering firms using a task order process. AE2S was
selected for three of the nine on-call categories - Water Distribution System, Water
Treatment Process, and Water System Master Planning. We anticipate 2024
expenditures with AE2S will exceed the $100,000 limit.
AE2S work has been timely and high-quality. We request approval to spend up to
$250,000 in 2024. This increase allows the Water Division to continue critical work with
AE2S, including the following anticipated task orders:
• Technical assistance with raw water influent valve replacement;
• Technical assistance with reviewing master planning options for one or more
treatment plant options; and
• Update to M36 water loss audit to include data from 2023.
Page 73
Proposal:
We propose the Town Board authorize 2024 AE2S expenditures up to $250,000.
Advantages:
• Allows for the Water Division to continue working with subject matter expert
AE2S, who are already familiar with our water system, and
• Streamlined timeframe for engaging professional support on quick turn-around
projects and tasks.
Disadvantages:
• Expenditures increase rate pressure; however, expert advice ensures the best
use of customer funds.
Action Recommended:
Approve the Resolution authorizing 2024 expenditures with AE2S.
Finance/Resource Impact:
The current 2024 budget is adequate to cover the expenditures. Funding for the various
task orders will come from accounts associated with the work being requested and will
vary depending on the scope of the task order.
Level of Public Interest
Low
Sample Motion:
This item is on consent. If it is removed from consent the following sample motion can
be made by any Trustee agreeing with the resolution:
I move to approve Resolution 22-24.
Attachments:
1. Resolution 22-24
Page 74
RESOLUTION 22-24
A RESOLUTION AUTHORIZING ADDITIONAL EXPENDITURES UNDER AN ON-
CALL CONTRACT WITH ADVANCED ENGINEERING AND ENVIRONMENTAL
SERVICES, LLC FOR PROFESSIONAL SERVICES RELATED TO TOWN WATER
SYSTEM INFRASTRUCTURE
WHEREAS, Resolution 76-22 approved several on-call professional services
contracts for water system infrastructure upgrades, including one with Advanced
Engineering and Environmental Services, LLC (“Contract”); and
WHEREAS, the Town entered the Contract on September 28, 2022; and
WHEREAS, Resolution 76-22 required approval of the Board of Trustees for any
expenditures under the Contract exceeding staff spending authority in any given year;
and
WHEREAS, Resolution 78-23 approved increasing the upper limit of AE2S’s
contract in 2023 to $250,000; and
WHEREAS, the Board of Trustees desires to approve additional spending under
the Contract in 2024.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board authorizes the Town Administrator to spend up to a total of $250,000 in
2024 under the Contract.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 75
Page 76
ESTES PARK MUSEUM Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Derek Fortini, Estes Park Museum Director
Date: March 26, 2024
RE: Resolution 23-24 Agreement with Estes Park Museum Friends &
Foundation, Inc.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Enter into a contract with the Estes Park Museum Friends & Foundation, Inc. (Museum
Friends & Foundation) to outline payment amounts and timeline regarding the partial
funding of two term-limited positions at the Estes Park Museum.
Present Situation:
The Town Board approved the budget amendment to fund two term-limited positions for
the Estes Park Museum. This includes a Museum Collections Assistant and a Museum
Visitor Coordinator. The Town is funding $19,000 (17%), the Museum is contributing
$10,000 (8%) and the Museum Friends & Foundation has approved to spend up to
$86,000 (75%).
Proposal:
The contract/agreement will outline three payments due in July 2024, November 2024,
and March 2025 in the amount of $28,667. While the Museum Friends & Foundation
currently have the finances for this, the preferred method to dispense it would be over
three payments.
Advantages:
• Both organizations will agree to the time frame and financial amount outlined in the
agreement. This will allow both organizations to plan accordingly.
Disadvantages:
• None
Action Recommended:
Town Board approval to enter the agreement via a resolution.
Page 77
Finance/Resource Impact:
#1 Collections Assistant: TP140, 40 hours/week, benefits: $66,763-73,606
#2 Visitor Coordinator: TP140, 28 hours/week, benefits: $37,322-44,787
Total: $104,085-118,393
101-5700-457.11-02
Financed:
Town part-time position (already budgeted): $19,000
Museum one-time gift (2024): $10,000
Estes Park Museum Friends & Foundation, Inc. commitment/donation: $86,000
Total: $115,000
Level of Public Interest
Low. This opportunity has been discussed publicly since January 2024 and was well
received by the Town Board, the Museum Friends & Foundation Board, Museum Friends
& Foundation members, Museum Volunteers, and the general public.
Sample Motion:
I move to approve/deny Resolution 23-24.
Attachments:
1.Resolution 23-24
2.Agreement
Page 78
RESOLUTION 23-24
APPROVING AN AGREEMENT FOR A DONATION FROM THE ESTES PARK
MUSEUM FRIENDS & FOUNDATION, INC.
WHEREAS, the Town Board wishes to enter donation agreement referenced in
the title of this resolution for the purpose of funding two new positions at the Estes Park
Museum; and
WHEREAS, the Estes Park Museum Friends & Foundation, Inc. intend to donate
up to $86,000.
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 donation agreement
referenced in the title of this resolution in substantially the form now before the Board.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 79
DONATION AGREEMENT
This AGREEMENT (“Agreement”) made and entered into the ___ day of __________, 2024, by
and between:
The Town of Estes Park (“Town”), a municipal corporation, acting through its Estes Park
Museum Division (“Museum”), which includes the Estes Park Museum (and outbuildings),
Estes Park Museum Annex, Historic Fall River Hydro plant, and the Birch Cabin and Ruins at
the Knoll-Willows Centennial Open Space
AND
The Estes Park Museum Friends & Foundation, Inc. (“Friends”), a Colorado non-profit
corporation.
RECITALS
A.The Friends intend to donate up to $86,000 to the Museum to help fund two limited-
term positions, a Museum Collections Assistant and a Museum Visitor Coordinator.
B.The Town desires to accept the donation.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
1.The Friends shall pay the Town $86,000, in three equal payments respectively by July 1,
2024; November 1, 2024; and March 1, 2025.
2.The Museum will hire a Museum Collections Assistant and a Museum Visitor
Coordinator for twelve-month terms.
3.Should the full $86,000 be unnecessary to fully fund the two positions, the Museum may,
in writing and in advance, reduce the Friends’ final required payment accordingly. No
refund shall be available to the Friends for payments made.
4. Should the first hire for either position separate employment before eight months of
employment have been completed, the Museum shall attempt to re-hire the position for
the remainder of the term.
5.Neither party to the Agreement shall, directly or indirectly, assign or purport to assign
this Agreement or any of its rights or obligations in whole or in part to any third party
without the prior written consent of the other party.
6.The failure of either party to enforce at any time any of the provisions, rights, or to
exercise any elections provided, shall in no way be considered to be a waiver of such
Attachment 2
Page 80
provisions, rights or elections or in any way effect the validity of the Agreement. The
failure to exercise by either party any of its rights herein or any of its elections under the
terms or conditions herein contained shall not preclude or prejudice it from exercising the
same or any other right it may have under this Agreement, irrespective of any previous
action or proceeding taken by it hereunder.
7. This Agreement is the complete Agreement of the parties; may be amended or modified
only in writing; and supersedes, cancels and terminates any and all prior agreements or
understandings of the parties, whether written or oral, concerning the subject matter
hereof.
8. This Agreement shall be governed by and construed and interpreted according to the laws
of the State of Colorado. It shall be binding upon and inure to the benefit of the
successors of the Town and Friends.
9. Each person signing this Agreement on behalf of either party individually warrants that
they have full legal power to execute this agreement on behalf of the party for whom they
are signing, and to bind and obligate such party with respect to all provisions contained in
this Agreement.
10. This Agreement does not create a multiple fiscal year direct or indirect debt or other
financial obligation. All financial obligations of the Town under this Agreement are
contingent upon appropriation, budgeting, and availability of specific funds to discharge
such obligations. No consequential or indirect damages or specific performance shall be
available to the Friends as remedies under this Agreement.
11. When any of the parties desire to give notice to the other, such notice must be in writing
sent by US Mail, postage prepaid; addressed to the party for whom it is intended at the
place or email address last specified; the place for giving notice shall remain such until it
is changed by written notice in compliance with the provisions of the paragraph; except
that notice to the Town must be given by US Mail if the Town or Museum staff holding
the email addresses below have separated employment, unless the Town has specified
replacement email addresses. For the present, the parties designate the following as the
respective places for giving notices:
To FRIENDS: ESTES PARK MUSEUM FRIENDS &
FOUNDATION, INC.
200 Fourth Street
Estes Park, Colorado 80517
info@estesparkmuseumfriends.org
Page 81
To TOWN: TOWN OF ESTES PARK
Attn: Town Administrator
P.O. Box 1200
Estes Park, Colorado 80517
tmachalek@estes.org
Copy To: ESTES PARK MUSEUM
200 Fourth Street
Estes Park, Colorado 80517
dfortini@estes.org
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day
and year written above.
ESTES PARK MUSEUM FRIENDS & FOUNDATION, INC.
By_________________________
President
TOWN OF ESTES PARK
By___________________________
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 82
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Trevor Wittwer, Civil Engineer
Greg Muhonen, PE, Public Works Director
Date: March 26, 2024
RE: Resolution 24-24 Contract with Otak, Inc. for Engineering and Design
Services - $203,539 Budgeted
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works staff seek Town Board approval for a professional services contract with
Otak, Inc. for the final design of Fall River Trail. The proposed project is grant-funded
and budgeted.
Present Situation:
The Fall River Trail has one remaining segment to complete the entire trail system.
Currently, that segment of trail is at 90% design. Otak has been the design consultant
on the Fall River Trail project since 2015 and has vast knowledge of the project. Design
of the final segment will allow the construction project to be bid in fall 2024 or early
2025.
Proposal:
Public Works staff propose approval of the professional services contract with Otak, Inc.
for final design of the Fall River Trail final segment in an amount not to exceed
$203,539, inclusive of labor and expenses. The Otak team is ready to begin the project
upon receipt of a formal Notice to Proceed from the Town.
Advantages:
• Allows Public Works staff to advertise the final segment for bid.
• 20% of the funding for this design project has been awarded through a state
grant.
• All improvements will also ensure full compliance with Americans with Disabilities
Act (ADA) standards to ensure access for users of all abilities.
Page 83
Disadvantages:
•This project represents an investment of Town resources, both financial and staff
time; however, Town staff have robust experience managing this type of project,
and grant funding has been secured.
Action Recommended:
Public Works staff recommend approving the attached professional services contract
with Otak in the amount of $203,539.
Finance/Resource Impact:
Current Impact: 204-5400-544.36-60 Community Reinvestment fund, Fall River Trail
Phase 4 (FRTR4), $250,000 available budget as of March 7, 2024.
Level of Public Interest
PW staff anticipate low interest in the final design of this project, beyond the adjacent
property owners.
Sample Motion:
I move for approval/denial of Resolution 24-24.
Attachments:
1.Resolution 24-24
2.Professional Services Contract with Otak, Inc. for Engineering and Design
Services for Fall River Trail final segment
Page 84
RESOLUTION 24-24
APPROVING A PROFESSIONAL SERVICES CONTRACT WITH OTAK, INC. FOR
ENGINEERING AND DESIGN SERVICES
WHEREAS, the Town Board wishes to enter a professional services contract
referenced in the title of this resolution for final design of the Fall River Trail Final
Segment.
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 Professional Services
Contract referenced in the title of this resolution in substantially the form now before the
Board. The maximum expenditure amount is $203,539 for this design project.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 85
PROFESSIONAL SERVICES CONTRACT
Final design and construction documents on the final segment of Fall River Trail grant-funded
under the Transportation Alternatives Program and the Multimodal Options Fund
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Otak, Inc. (Consultant), a Colorado corporation, whose address is 371 Centennial Parkway,
Suite 210, Louisville, Colorado 80027, make this Contract this day of
, 2024, at the Town of Estes Park, Colorado, considering the following
facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and
1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract.
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 Consultant's Proposal, containing 12 pages, dated January 24, 2024; and
2.5 Insurance Certificates.
3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
Attachment 2
Page 86
Town of Estes Park Professional Services Contract --Page 2 of 13
4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin
services under this Contract upon receiving Town’s notice to proceed. Consultant shall
timely perform its Services, according to the Consultant’s Proposal or as otherwise directed
by the Town.
5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed
$203,539.00, as the Price for the total Services performed as stipulated in Consultant's
Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other
financial obligation. Each request for service shall incur a concurrent debt for that request
only. All financial obligations of the Town under this Contract are contingent upon
appropriation, budgeting, and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Services since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s abilities to perform the
Services. Consultant will use its professional efforts, skill, judgment, and abilities.
Consultant will further the interests of Town
Page 87
Town of Estes Park Professional Services Contract --Page 3 of 13
according to Town’s requirements and procedures, according to professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among professionals in the Consultant's same profession under the same or
similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be produced in accord with its standard of care, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s fee schedule attached to Consultant’s
proposal.
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services consistent with the standard of care applicable to the Services.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
Page 88
Town of Estes Park Professional Services Contract --Page 4 of 13
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
Page 89
Town of Estes Park Professional Services Contract --Page 5 of 13
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Trevor Wittwer, EIT
Project Manager
Public Works Department
Town of Estes Park
PO Box 1200
Estes Park, CO 80517
CONSULTANT:
Scott Belonger, PE
Project Manager
Otak, Inc.
371 Centennial Parkway, Suite 210
Louisville, CO 80027
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
ensure that Consultant follows the safety regulations issued by OSHA.
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
Page 90
Town of Estes Park Professional Services Contract --Page 6 of 13
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
Page 91
Town of Estes Park Professional Services Contract --Page 7 of 13
PO Box 1200
Estes Park, CO 80517
Attention: Trevor Wittwer, Public Works Department
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 36 months.
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
Page 92
Town of Estes Park Professional Services Contract --Page 8 of 13
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement. Pursuant to C.R.S. 13-
50.5-102(8)(c), the extent of Consultant’s obligation to defend, indemnify, or hold
harmless the Indemnitees may be determined only after Consultant’s liability or fault
has been determined by adjudication, alternative dispute resolution, or otherwise
resolved by mutual agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits from the Town, and
Consultant is obligated to pay federal and state income tax on money earned under this
Agreement. Except as this Agreement expressly states, Consultant shall, at its sole expense,
supply all buildings, equipment and materials, machinery, tools, superintendence, personnel,
insurance and other accessories and Services necessary. This Agreement is not exclusive;
subject the terms of this Agreement, Town and Consultant may each contract with other
parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
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Town of Estes Park Professional Services Contract --Page 9 of 13
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
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Town of Estes Park Professional Services Contract --Page 10 of 13
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on the date specified in the Notice to Proceed, and
shall continue through May 31, 2025.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
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Town of Estes Park Professional Services Contract --Page 11 of 13
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
Page 96
Page 97
Town of Estes Park Professional Services Contract --Page 13 of 13
TOWN OF ESTES PARK:
By:
Date
Title:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on
behalf of the corporation, this day of , 2024.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 98
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Reuben Bergsten, Utilities Director;
Jacqui Wesley, Utilities Project Manager
Date: March 26, 2024
RE: Resolution 25-24 Supporting an Application for a Grant from the Colorado
Department of Local Affairs for a Combined Carriage Hills and Spruce
Knob Water Main Replacement Project.
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Grant Application
QUASI-JUDICIAL YES NO
Objective:
Our objective is to responsibly manage water customer payments by applying for a grant
to cover the expenses related to replacing old water mains. We aim to work together with
Spruce Knob Water Company to successfully also complete their private water main
replacement project.
Present Situation:
The Water Division’s capital improvement plan includes replacement of water mains in
the Carriage Hills neighborhood.
Resolution 102-22 approved a bulk water supply agreement with Spruce Knob Water
Company requiring Spruce Knob to replace their water mains to Town standards by
December of 2024. The Town would then take ownership of their system and the Spruce
Knob Water Company Customer would become Town water customers.
However, Spruce Knob Water Company is a small entity that lacks the necessary experts
to handle the technical, managerial, and financial demands of their project. The Colorado
Department of Health and Environment (CDPHE) has approached the Town requesting
support for Spruce Knob's project. The Department of Local Affairs endorses CDPHE's
request and believes that combining our Carriage Hills and Spruce Knob projects would
give us a competitive DOLA Tier II grant application.
After discussions with Spruce Knob Water Company, we have agreed to merge the
projects, pending Town Board approval of the attached resolution.
Proposal:
The staff proposes to add the Spruce Knob water main replacement as an additional bid
item to the Carriage Hills advertisement for bids. The additional work will be repaid in a
Page 99
way similar to the agreements of Prospect Mountain Water Company and Park Entrance
Mutual Pipeline and Water Company. The percentage of subsidies received from state
and federal sources for the combined scope of work will be applied equally to the cost of
both the Town's scope and Spruce Knob's scope.
Advantages:
• A successful application will lower water rate pressures.
• Supporting the grant application supports collaboration in our community.
• A successful project will reduce the frequency of emergency leak repairs,
increasing the reliability of our water infrastructure while lowering our emergency
leak repair costs.
Disadvantages:
• The local cost share is 1:1 of the grant request; however, the capital project funding
has been planned for.
• Managing grants adds additional work to staff; however, we have a lot of positive
experience work with DOLA.
• This concept adds legal complexities to be resolved; however, our existing
agreement has to be amended anyway because the agreement’s December 2024
deadline can’t be met.
Action Recommended:
Staff recommend approval of the resolution.
Finance/Resource Impact:
We propose funding for these projects include four sources:
1. This DOLA grant, which we can only accept if we successfully amend the existing
agreement with Spruce Knob Water Company.
2. The existing Spruce Knob Water customers will fund their share of the project
costs, similar to PEMPWC and PMWC.
3. A State Revolving Fund loan, the amount of the loan is dependent on the amount
of principle forgiveness we receive through the Federal Infrastructure Investment
and Jobs Act.
4. Use of Water Division funds.
Future One-Time Impacts: This item is not expected to significantly impact other future
one-time costs.
Level of Public Interest
Public interest is expected to be low at this time.
Sample Motion:
I move to approve/deny authorization for the Mayor to sign the attached letter of support
for the DOLA-EIAF grant.
Attachments:
1. Resolution 25-24
Page 100
RESOLUTION 25-24
A RESOLUTION SUPPORTING AN APPLICATION FOR A GRANT FROM THE
COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR A COMBINED CARRIAGE
HILLS AND SPRUCE KNOB WATER MAIN REPLACEMENT PROJECT
WHEREAS, the Department of Local Affairs (DOLA) has grant funds available for
construction of water facilities; and
WHEREAS, the Colorado Department of Health and Environment (CDPHE) has
asked the Town to support a project to reconstruct a small water supply and distribution
system known as Spruce Knob, generally located around Joel Estes Drive; and
WHEREAS, DOLA supports CDPHE’s request and has recommended the Town
combine its Carriage Hills water main replacement project with the Spruce Knob water
main replacement project to submit a more competitive grant application; and
WHEREAS, Resolution 102-22 approved a Bulk Water Service Agreement which
may ultimately result in the consolidation of a reconstructed Spruce Knob system into the
Town’s water system; and
WHEREAS, it is reasonable and appropriate for the Board of Trustees to support
this grant application for construction of water facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board hereby approves the submission of a grant application to the
Department of Local Affairs for construction of water facilities.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 101
Page 102
RESOLUTION 26-24
SETTING THE PUBLIC HEARING FOR A TAVERN LIQUOR LICENSE APPLICATION
FOR 3634 HIKE LLC DBA BOGEY’S
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 TAVERN Liquor License, filed by
3634 HIKE LLC DBA BOGEY’S, 281 W. Riverside Drive, Estes Park, Colorado, is March
7, 2024.
It is hereby ordered that a public hearing on said application shall be held in the
Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, April 9,
2024, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said
application and hearing shall be the area included within a radius of 3.80 miles, as
measured from the center of the applicant's property.
DATED this day of , 2024
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 103
Page 104
Document Title Policy 671 – Town Funding of Outside Agencies 03/26/2024
Revisions: 6 Town of Estes Park, Finance Page 1 of 5
Effective Period: Until superseded
Review Schedule: Triennially
Effective Date: 03/26/2024
References: Governing Policies Manual 3.12
FINANCE
671
Town Funding of Outside Entities
1. PURPOSE
To provide a process by which the Town of Estes Park allocates and distributes funding
to outside entities.
2. POLICY
The Town of Estes Park recognizes the important role those outside entities play in
meeting the needs of the residents of the Estes Valley. Accordingly, when adequate funds
are available, the Town may make financial contributions to these entities in accordance
with the procedure below.
3. PROCEDURE
a. Base Funding
i. Purpose
Base funding from the Town is intended to support the general operations and
overhead of nonprofit entities that play a critical role in supporting the Town’s
Strategic Plan.
ii. Eligibility
The following entities are eligible to apply for Base Funding from the Town of Estes
Park:
1) Crossroads Ministry of Estes Park
2) Estes Chamber of Commerce Economic Development Department
3) Estes Park Housing Authority
4) Estes Park Nonprofit Resource Center
5) Estes Valley Crisis Advocates
6) Estes Valley Investment in Childhood Success
7) Salud Family Health Centers (Estes Park)
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Document Title Policy 671 – Town Funding of Outside Agencies 03/26/2024
Revisions: 6 Town of Estes Park, Finance Page 2 of 5
8) Via Mobility Services
9) Estes Valley Watershed Coalition
10) Estes Arts District
iii. Review of Eligible Entities
The Town Board will review the list of entities eligible to apply for Base Funding at
each scheduled review of this policy or at the request of the Town Board. This
review will also include opportunity for public comment.
iv. Application
Eligible entities seeking Base Funding from the Town shall submit a completed
“Base Funding Application” (Exhibit A) to the Town Administrator’s Office by July
1st of each calendar year for the next year’s budget (i.e. by July 1, 2021 for the
2022 budget year).
v. Process
Applications for Base Funding will be processed as a departmental budget request
by Town staff and presented to the Town Board as such. The following information
will be presented by staff to the Town Board during the public budget hearings:
1) The Base funding request from each entity; and
2) The Base funding support recommended by the Town Administrator.
vi. Annual Reporting
1) Written Report: Any entity receiving Base Funding must submit an annual
report to the Town Administrator ’s Office by May 30th of the year following
the year in which funding was received (i.e. May 30th, 2022 for funding
received for the 2021 calendar year). This report must be no more than 350
words and should be structured as a press release on what programs and
services the entity used the Town funding to support. The report should
specify how the organization used Town funds to benefit the community
and/or advance the Town’s Strategic Plan for the funding year.
2) Town Board Presentation: Any entity receiving Base Funding is expected
to present to the Town Board once per year. Similar to the written report,
the presentation should specify how the organization used Town funds to
benefit the community and/or advance the Town’s Strategic Plan for the
funding year. In addition to providing information about community benefits
in a public setting, another reason for requiring a presentation is to provide
the Town Board with an opportunity to directly engage with representatives
of Base Funding entities.
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Document Title Policy 671 – Town Funding of Outside Agencies 03/26/2024
Revisions: 6 Town of Estes Park, Finance Page 3 of 5
b. Community Initiative Funding
i. Purpose
Community Initiative funding is intended to support specific projects and programs
that advance one or more Outcome Areas in the Town’s Strategic Plan.
ii. Eligibility
Any entity or group serving the Estes Valley is eligible to apply for Community
Initiative funding, except those groups receiving Base funding under Section 3.a
of this policy, other taxing districts, and organizations that exist for the purpose of
providing financial support and/or fundraising for other taxing districts. Base
Funding recipients must ask for all desired funds through the Base Funding
process.
iii. Application
Eligible entities seeking Community Initiative funding shall submit a completed
“Community Initiative Funding Application” (Exhibit B) to the Town Administrator’s
Office on or before August 31st of every year.
iv. Process
Applications for Community Initiative funding will be reviewed and ranked by each
Board member individually in advance of the annual public budget hearings.
Funding decisions will be made by the Board as a whole and will be adopted along
with the budget.
v. Criteria
The following criteria will be used in the evaluation of Community Initiative funding
applications:
1) Application Quality – is the application complete and does it adequately
describe the proposed project or program?
2) Strategic Plan Advancement – how well, or to what degree, does the
proposed project/program advance the Town’s Strategic Plan?
3) Initiative Reach – how many residents of the Estes Valley will benefit from
the proposed project or program?
vi. Project Report
Any recipient of Community Initiative funding must submit a project/program report
to the Town Administrator’s Office upon completion of the project/program that
received funding from the Community Initiative funding process. The report must
be no more than 350 words and should be structured as a press release that the
Town may use to tell the story of the project.
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Document Title Policy 671 – Town Funding of Outside Agencies 03/26/2024
Revisions: 6 Town of Estes Park, Finance Page 4 of 5
c. Event Sponsorship Funding
i. Purpose
Event Sponsorship funding is intended to demonstrate the Town’s support for
community events.
ii. Eligibility
Any nonprofit organization that is organizing a local event (serving the Estes
Valley) that is open to the public may request Event Sponsorship funding from the
Town.
iii. Application
Eligible entities seeking event sponsorship funding shall submit a completed
“Event Sponsorship Funding Application” (Exhibit C) to the Town Administrator’s
Office.
iv. Process
All Event Sponsorship funding applications will be reviewed and awarded by the
Leadership Team. No sponsorship shall exceed $1,000 and an organization may
only receive one (1) sponsorship per calendar year (no in-kind funding requests
will be considered). A budget for event sponsorships will be adopted annually and
will be distributed on a first-come, first-served basis.
v. Criteria
The Leadership Team will evaluate Event Sponsorship funding applications using
the following criteria:
1) Vision Alignment – does the event align with the Town’s Vision?
2) Cost of Event Attendance – is the event free or affordable for the general
public?
3) Reach of Event – how many people does the event expect to attract?
4) Other Funding – have the organizers of the event received any other
funding?
vi. Exclusions
Promotional sponsorships funded by Trailblazer Broadband are excluded from
subsection (c), including the Event Sponsorship Funding criteria and processes.
d. Limitations on Off-Cycle Funding Requests
i. Definitions
For the purposes of this policy, an “Off-Cycle Funding Request” is any request for
financial support from an eligible outside entity that occurs outside of the
procedures established in Sections 3.a, 3.b, and 3.c of this policy.
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Document Title Policy 671 – Town Funding of Outside Agencies 03/26/2024
Revisions: 6 Town of Estes Park, Finance Page 5 of 5
ii. Purpose
The Town of Estes Park strives to consider all funding requests from eligible
outside agencies in a holistic manner in order to best prioritize these requests. To
this end, the Town does not accept or grant off-cycle funding requests with the
exception of those described in Section 3.d.iii.
iii. Exceptions
The Town will only consider off-cycle funding requests from entities that are eligible
for Community Initiative funding, and only in the following circumstances:
1) The Town is being asked to fund the final gap of a fundraising effort for a
time-sensitive project or program, and the Town’s contribution represents
twenty-five percent (25%) or less of the total amount fundraised; or
2) There is a time-limited opportunity to leverage a significant amount of
outside funding (at least a 1:1 match of the funding requested from the
Town).
iv. Application
Eligible entities seeking off-cycle funding must submit the following to the Town
Administrator:
1) A completed “Community Initiative Funding Application” (Exhibit B); and
2) A letter (no more than 500 words) explaining why the request qualifies under
one of the exceptions listed in Section 3.d.iii of this policy.
v. Process
If the off-cycle funding request application falls under one of the two exceptions
listed in Section 3.d.iii of this policy, the Town Administrator will schedule the
consideration of said request as an action item for a Town Board meeting.
Approved:
_____________________________
Wendy Koenig, Mayor
Date
Page 109
Page 110
PUBLIC WORKS Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Laura Blevins, Grants Specialist, Public Works
Greg Muhonen, PE, Public Works Director
Date: March 26, 2024
RE: Letter of Support for a Grant Application to the Congressionally Directed
Spending (CDS) Funds for a Multi-Jurisdictional Emergency Response Center
in the Town of Estes Park
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Letter of Support
QUASI-JUDICIAL YES NO
Objective:
Brief the Town Board and obtain authorization for the Mayor to sign a letter of support
for an application to the Congressionally Directed Spending (CDS) fund for design and
construction of the Multi-Jurisdictional Emergency Response Center in Estes Park.
Present Situation:
Public Works staff is working on various aspects of the Police Department relocation
project, which is part of the 2024-2028 Capital Improvement Plan (CIP). The Public
Works Director is in conversations regarding land acquisition for potential new sites.
This project was identified in 2019 as Phase 1 of the Facilities Master Plan (FMP). The
CDS grant, if awarded, could be $1-3m with no local match required at this time. The
application is due March 29, 2024. PW staff will complete the online application for this
project, and Colorado Senators Michael Bennett and John Hickenlooper will each
present this request to the Senate Committee on Appropriations.
Proposal:
Public Works staff seek Town Board support for this application to the CDS for the
Multi-Jurisdictional Emergency Response Center in Estes Park.
Advantages:
• Supporting this grant application will provide the opportunity to be awarded
additional funds to help reduce the Town’s overall monetary contribution to the
final design and construction. The CIP for the project estimates that $1.1m is
needed for design and $12m for construction.
Page 111
• Staff have good experience managing this type of grant funding, including an
understanding of the use and reporting requirements of these funds.
• Completing final design allows the project to be shovel-ready when land has
been acquired.
Disadvantages:
• The Senate on Appropriations Committee may assign a local match that cannot
be determined at this time. The Town Board has the right to refuse the grant (if
awarded) if the match amount is not fundable.
• This is most likely a one-time award per project. If awarded the grant, it must be
used for design or construction. Land acquisition money is not available from this
grant fund.
Action Recommended:
Public Works staff recommend that the Town Board authorize the Mayor to sign the
attached letter of support for the CDS grant.
Finance/Resource Impact:
If awarded, all parties will sign the Intergovernmental Agreement (IGA) and then the
Town may hire consultants/contractors. The Town will be reimbursed through CDS.
If a local match is required, then Public Works staff propose to utilize the following
funding sources from the Community Reinvestment Fund (as indicated in the 2024-
2028 CIP) for this application:
• 204-5400-544.32-21 has $479,973 for Capital Buildings – This could be used
for a local match.
• 204-5400-544.32-22 has $1,037,769.82 for Capital Buildings Remodel
(unencumbered) – This fund could be used to pay for the local match.
Future Ongoing Impacts: Future ongoing expenditures for the construction of the Police
Department relocation project.
Future One-Time Impacts: This item is not expected to significantly impact other future
one-time costs.
Public Works staff anticipate that the final blend of grant, local funding, and potentially a
USDA grant/loan will be accommodated within the components of the entire project.
Level of Public Interest
Public interest is expected to be low at this time.
Sample Motion:
I move to approve/deny authorization for the Mayor to sign the attached letter of support
for the CDS grant.
Attachments:
1. Town Board Letter of Support for CDS Grant
2. 2022 Facilities Master Plan - Link
Page 112
March 26, 2024
Senator Michael Bennett/Senator John Hickenlooper
RE: Letter of Support for Congressionally Directed Spending Through the Senate
Committee on Appropriations for the Multi-Jurisdictional Emergency Response Center in
the Town of Estes Park
Dear Senator Michael Bennett/Senator John Hickenlooper,
On behalf of the Town of Estes Park’s Board of Trustees, please accept this letter in
support of the Town’s application to the Congressional Directed Spending fund
presented through Senator Michael Bennett and Senator John Hickenlooper.
At a Town Board meeting on March 26, 2024, the Board authorized me, as Mayor, to
sign this support letter, and the Town acknowledges that a local cost share is not
required at this time but may be required if awarded.
The relocation of the Estes Park Police Department has emerged as a top priority for
our community, driven by the imperative to address the inadequacies and safety
concerns associated with the current facility. The proximity of the existing Police
Department to downtown poses significant risks for both our officers and the community
at large. Consequently, our 2022 Facilities Master Plan recommended the planning and
construction of a new Police Department facility in a safer, more suitable location.
In the planning of the new Police Department facility, we engaged closely with the Estes
Valley Fire District, Estes Valley Recreation and Parks District, and Estes Park Health
Emergency Services to gather their perspectives. Through this collaboration, we
recognized the need for a shared multi-jurisdictional emergency response center,
facilitating cooperative efforts among all emergency response providers in the Town.
The grant funding we are seeking would contribute to the design phase and
construction of this Multi-Jurisdictional Emergency Response Center project, facilitating
the creation of a modern, energy-efficient, 20,000 square feet facility tailored to our
community's needs.
Estes Park, despite being home to only 6,000 full-time residents, welcomes millions of
visitors annually, drawn to our historic village and the nearby Rocky Mountain National
Park—ranked as the fifth most-visited national park in the country in 2021. As a small,
rural town experiencing exponential population fluctuations throughout the year, we rely
Attachment 1
Page 113
heavily on assistance from Federal and State funding sources to accommodate the
diverse needs of our residents, seasonal workers, and visitors alike.
The Town Board expresses profound gratitude to the CDS and Senator Bennett and
Senator Hickenlooper for affording us the opportunity to pursue additional financial
assistance to realize this essential project. The responsibility of serving millions of
individuals during each guest season in Estes Park is one that we take seriously. As
stewards of this premier national and global destination, we wholeheartedly embrace
this partnership to enhance our community, making it an even more desirable place to
live, work, and visit. Your favorable consideration of our application would be met with
immense appreciation.
Thank you for your unwavering commitment to supporting initiatives that elevate the
safety, resilience, and quality of life in communities across our state and across our
country. We look forward to the possibility of working together to bring this
transformative project to fruition.
Sincerely,
Wendy Koenig
Mayor, Town of Estes Park
cc: Greg Muhonen, Director of Public Works, Town of Estes Park
Page 114
Community Master Plan
for Behavioral Health
2024-2028
LARIMER COUNTY
The Community Master Plan (CMP) for Larimer County, commissioned by Larimer County
Behavioral Health Services and sponsored by SummitStone Health Partners and the Health
District of Northern Larimer County, is a five-year strategic plan for creating opportunities
that address the community’s behavioral health needs and improve the quality of life for
county residents. This CMP is the second iteration and is designed to guide investment
and partnership efforts from 2024 through 2028. The report was designed as an accessible
resource for the community at large.
EXECUTIVE SUMMARY
CONTEXT
Larimer County’s residents have needs across
the behavioral health care spectrum. Thousands
of people in the county need treatment and/or
recovery services for mental health or substance
use-related issues. These issues can be acute or
chronic, and they can impact people of all ages,
backgrounds, and lived experiences.
The community faces a mix of local and systemic
challenges in responding to these needs. From gaps
in early childhood behavioral health services to
insufficient workforce recruitment and retention
to the worsening shortage of affordable housing,
the challenges can feel daunting. Tackling them and
achieving measurable progress will require a collective
effort from a diverse group of local partners,
including county government, health care providers,
community-based organizations, and others.
Voters provided important financial resources for
this work, with a commitment of 20 years, when
they approved Ballot Issue 1A in 2018. Larimer
County has made encouraging strides in its efforts
to improve behavioral health services and outcomes
for local residents since then. The recent opening of
the Acute Care Facility on the Longview™ Campus
represents one important and tangible step forward
in expanding local capacity to meet behavioral
health needs. Still, there is much work to do.
Flip page to read the 14 recommendations in the CMP
Attachment 1
Page 115
2024-2028 RECOMMENDATIONS
An overview of the 14 recommendations is provided here, with
additional detail for each recommendation available in the CMP.
1. Facility Evaluation
Evaluate metrics and goals to measure successes
and challenges of the new Acute Care Facility on the
Longview™ Campus.
2. Interagency Collaboration and Alignment
Reduce silos and duplication by collaborating in
new ways among county agencies and health
organizations.
3. Youth Services Feasibility Study
Develop a plan for assessing the financial feasibility,
licensing requirements, workforce capacity, and
community demand for acute and chronic youth
behavioral health services.
4. Care Coordination
Use a new or existing centralized referral
hub to strengthen care coordination and
network partnerships for behavioral health
and social needs.
5. Crisis Alternatives
Expand proven programs that divert people
experiencing acute mental health and
substance use events from jails and emergency
departments and monitor the use of the new
Acute Care Facility to assess its impact on
reducing the use of these settings.
6. Impact Fund Grants
Modify and then annually evaluate the
Impact Fund’s application criteria and award
process and consider multiyear grant options.
7. CMP Implementation
Create an annual meeting for the Executive
Sponsors and Guidance Team to assess progress
on the CMP’s recommendations and identify
needs and roles for the year ahead.
8. Adult-Focused Programs
Expand funding opportunities to support mental health
and substance use prevention and treatment programs
that are tailored for adults in distinct life phases.
9. Youth-Focused Programs
Tailor and increase investments in school- and home-
based programs, peer programs, and initiatives that
offer substance use and mental health prevention and
treatment services for youth, including infants and
young children (ages 0-5).
10. Workforce Supports
Create or invest in opportunities to expand the
behavioral health workforce pipeline and offer
meaningful compensation for providers.
11. Underserved Communities
Invest in community-based organizations and
initiatives that serve populations with unique
behavioral health needs, including rural communities,
LGBTQ+ individuals, unhoused people, individuals
earning low-incomes, and historically marginalized
racial and ethnic groups.
12. Affordable Housing
Invest in programs that offer equitable opportunities
for community members to purchase and remain
in affordable homes, and work to infuse behavioral
health supports in the places people live.
13. Community Connection
Reduce isolation by introducing and expanding
equitable opportunities for strengthening connections
and building social networks.
14. Community Awareness and Education
Evolve public awareness campaigns to further reduce
stigma, build support for prevention, and demonstrate
the connection between behavioral health outcomes
and the social determinants of health.
Page 116
Community Master Plan
for Behavioral Health
2024-2028
DECEMBER 2023
LARIMER COUNTY
Attachment 2
Page 117
Larimer County Community Master Plan for Behavioral Health
3 Letter from Commissioner Jody Shadduck-McNally
4 About This Plan
4 Background
5 Plan Development
5 Larimer County’s Behavioral Health Landscape
8 Recommendations
9 Building on Progress From the 2018 CMP
9 Facility Evaluation
9 Interagency Collaboration and Alignment
10 Youth Services Feasibility Study
10 Care Coordination
11 Crisis Alternatives
11 Impact Fund Grants
11 CMP Implementation
12 Behavioral Health Services and Supports
12 Adult-Focused Programs
14 Youth-Focused Programs
15 Workforce Supports
15 Underserved Communities
17 Upstream and Prevention Efforts
17 Affordable Housing
18 Community Connection
19 Community Awareness and Education
20 Looking Ahead
21 Appendix
21 CMP Methods
22 Acknowledgements
23 Endnotes On the cover: The Acute Care Facility on the Longview™ Campus.
Page 118
A united effort in 2018 among community partners resulted in the creation of the
Larimer County Community Master Plan for Behavioral Health, a comprehensive
blueprint to address the escalating behavioral health challenges in our region.
Through collaboration with cities, towns, care
providers, nonprofits, and engaged community
members, we carefully examined the needs within
our community. This study identified existing
services, identified service gaps, and outlined the
necessary steps to bridge those gaps.
The Community Master Plan shaped the direction
for the successful 2018 ballot initiative and laid the
foundation for Larimer County Behavioral Health
Services and its initiatives, the Impact Fund Grant
Program, and the construction and operation of an
acute care facility.
I am pleased to share the progress and evolution
of our commitment to behavioral health in Larimer
County.
Over the past five years, the Impact Fund Grant
Program has reinvested nearly $12 million into
various community behavioral health services
such as crisis services, coordinated care, youth
programs, prevention, and early intervention.
Acute Care Facility on the Larimer County
Behavioral Health Services at Longview™ Campus,
in collaboration with SummitStone Health
Partners, is now operational, making acute crisis
services more accessible to our community.
Recognizing the need for ongoing assessment, we
have embarked on Community Master Plan 2.0, a
continuation of our commitment to understanding
the evolving behavioral health landscape. This
updated plan aims to reassess the challenges,
identify improvements, and address critical gaps in
services, ensuring our efforts remain aligned with
the dynamic needs of our community.
I want to extend my heartfelt gratitude to the
executive sponsors of Community Master Plan
2.0, including the Health District of Northern
Larimer County, SummitStone Health Partners,
Larimer County Behavioral Health Services, and
the guidance team members. Special thanks are
also due to the Colorado Health Institute for their
invaluable contributions through research, data
analysis, and report preparation.
As we usher in this new phase of our behavioral
health initiative, I am filled with hope for the
positive impact it will have on the health and
well-being of our community. Together, we are
building a stronger, more resilient Larimer County
that prioritizes the holistic mental health of every
individual.
Thank you for your continued support and
commitment to the collective well-being of our
community.
Jody Shadduck-McNally,
Commissioner
Larimer County Board of
County Commissioners
Page 119
4
Background
Larimer County residents voted in 2018 to
create a dedicated funding stream that invests
in behavioral health services and supports for
20 years. A 0.25% countywide sales tax supports
these investments by expanding and bolstering
mental health and substance use prevention,
treatment, and recovery services across the
county. The ballot measure resulted in expanded
and enriched local behavioral health services with
the development of a regional behavioral health
facility to coordinate those integrated services.
The Larimer County Behavioral Health Services
(BHS) department has reinvested funds into the
community through three pathways: the Acute
Care Facility on the Longview™ Campus, the
Impact Grant Fund Program, and the Bridge Fund.
2018 Ballot Language.1
Ballot Issue 1A
Shall Larimer County taxes be
increased $19,000,000 dollars
annually (estimated first fiscal
year dollar increase in 2019) and
by whatever additional amount as
may be raised annually thereafter,
for a period of 20 years by the
imposition of a .25% (25 cents
on 100 dollars) sales and use tax
with all revenue from such tax to
be used in accordance with the
Board of County Commissioners
Resolution No. 07242018R013 for
the following mental/behavioral
health care purposes:
Provide preventative, early
identification, intervention,
support, and treatment services
for youth, adults, families and
senior citizens, either directly or
indirectly, who are residents of
Larimer County including Berthoud,
Estes Park, Fort Collins, Johnstown,
Loveland, Timnath, Wellington,
Windsor and rural communities of
Larimer County through in-person
and other delivery methods,
which may include tele-services,
community based services and
other service options; and
Acquire, construct, improve,
maintain, lease, remodel, staff,
equip, and operate new and/or
existing mental/behavioral health
facilities;
And shall the county be authorized
to collect, retain and spend all
proceeds of such tax without
limitation by Article X, Section 20
of the Colorado constitution, and
further provided that an annual
report shall be published and
provided to the Board of County
Commissioners on the designation
or use of the revenues from the tax
increase in the preceding calendar
year consistent with its approved
purposes?
ABOUT THIS PLAN
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5
Plan Development
The Community Master Plan (CMP) for Larimer
County, commissioned by BHS and supported
by SummitStone Health Partners and the Health
District of Northern Larimer County, is a five-year
strategic plan that addresses the community’s
behavioral health needs and seeks to improve the
quality of life for county residents. This CMP is the
second iteration, building off the 2018 report that
identified early priorities for behavioral health in
the county and achieved several successes that are
described later in this plan.
BHS partnered with the Colorado Health Institute
(CHI) to develop this CMP, which involved four
phases of work from June to December 2023. CHI
identified resource gaps, collected secondary data,
facilitated small-group discussions and interviews
with key stakeholders, and fielded a survey to help
inform the CMP. A group of Executive Sponsors
and a Guidance Team of behavioral health experts
and community leaders offered advice and
feedback on the report’s development, findings,
and prioritization of recommendations. See the
Appendix for a full list of CHI’s methods and a list
of Guidance Team members and Executive Sponsor
representatives.
CHI and BHS coordinated with other organizations
in the county that were conducting behavioral
health assessments to incorporate additional,
relevant information on specific populations or
challenges.
• The State of Behavioral Health for Youth and
Children (0-24) in Larimer County
• Northern Colorado Region 2 Substance
Use Landscape Assessment. Report will
be released in Spring 2024.
• Larimer County Health Department’s
Community Health Improvement Plan
Larimer County’s Behavioral
Health Landscape
Larimer County residents have needs
across the behavioral health care spectrum.
Thousands of people need treatment and/
or recovery services for mental health or
substance use-related issues. These issues
can be acute or chronic, and they can
impact people of all ages, backgrounds,
and lived experiences. Some residents
require ongoing outpatient services with
a culturally competent provider, while
others need emergency services or a place
for detoxification while suffering from an
acute event. Prevention programs and social
supports can reduce demand for treatment
and recovery services, preventing acute
and chronic behavioral health issues from
escalating or reducing their negative impacts.
See the 2018 CMP for helpful background on
behavioral health services and needs.
About 59,000
Larimer County residents
reported poor mental health
in the past year.2
17%
of Larimer County and
Weld County residents
are concerned about the
amount of drugs or alcohol
they consume. 11% said the
amount they consumed in the
past year has increased.3
Report terminology
The term Larimer County is often used to reference both the
county government and the geographic community. In this report,
CHI uses Larimer County to describe the community. The report
specifically names the county government or certain entities when
referencing actions or processes that involve local government.
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6
Access to affordable, high-quality, and culturally competent
behavioral health care is a key ingredient in ensuring people
in Larimer County can live their best lives. However, not all
communities and populations in the county have equitable
access to the services they need. Data collated by CHI point to
successes but also to persistent needs and gaps.
Challenges to meeting people’s behavioral health needs are
rooted in both community and systemic issues. Community-
based challenges are those that are specific to Larimer
County and/or could be addressed by local solutions.
Systemic challenges, such as housing affordability, are rooted
in broader statewide or national issues that would require
legislation and a shift in social norms to be addressed.
CHI identified 28 findings during its quantitative and
qualitative research that described Larimer County’s
behavioral health landscape. Findings touched on subjects
such as funding, access barriers, the behavioral health
workforce, social needs, and state-level policies. They formed
the basis for the recommendations detailed in this 2023 CMP.
The full list of findings can be found in the Larimer County
Behavioral Health Landscape and Opportunities Report. SUCCESSES SINCE 2018
ABOUT BHS
Vision: Larimer County values and promotes
behavioral health with a comprehensive and
sustainable continuum of care.
Mission: Responsibly investing in community-driven
work to increase access to behavioral health services
and improve outcomes for all Larimer County
community members.
GOALS
• Enhance community-based services to shift
from an acute-care model to a recovery-based
model of care
• Improve access to behavioral health services
in both rural and urban areas
• Promote emotional health and well-being
• Reduce substance misuse
• Reduce attempted and completed suicides
• Reduce recidivism for individuals with
unmet behavioral health issues
Survey participants could
select more than one barrier
47,000
Larimer County residents
did not get needed behavioral
health care in the past year.2
Only 43%
of people who died
by suicide between 2018-2020
in Larimer County had been
treated for a mental health
problem.4
Barriers to Behavioral
Health Care
Larimer County residents
did not get needed
behavioral health care in
the past year because: 2
COST
9% (28,000 people)
UNABLE TO GET AN
APPOINTMENT WHEN NEEDED
6% (20,000 people)
STIGMA
5% (16,000 people)
DIDN’T THINK INSURANCE
WOULD COVER IT
3% (10,000 people)
Page 122
7
BHS, community-based organizations, and local health care entities have made important strides in
recognizing and addressing the community’s complex and evolving behavioral health needs. The work to
improve residents’ quality of life and to treat acute and chronic behavioral health needs has no finish line,
but county leaders have taken notable steps since the last CMP was published in 2018. Successes include:
Figure 1. Impact Fund Grant Program Awards,
2019-20225
2019 2020 2021 2022 2023
Building the Acute Care Facility on
the Longview™ Campus, which opened
in December 2023.
Developing the Impact Fund, which
distributes approximately $2.5 million
annually to programs serving county
residents (see Figure 1).
Expanding and developing the Colorado
Opioid Synergy — Larimer and Weld
(CO-SLAW) partnership and co-responder
programs that divert people experiencing
acute mental health or substance use
events from costly jail or emergency
room visits.
Increasing support for the county’s
unhoused population with more
rapid rehousing and transitional
housing options.
Gradually improving the public’s
perception of and support for
county investments in behavioral
health services.
$1M
(29 grants)
The lobby at the Acute Care Facility on the Longview™ Campus.
$1M
$3M
$2M
$2.5M
(43 grants)
$2.5M
(38 grants)
$2.8M
(42 grants)
$2.8M
(35 grants)
Page 123
8
RECOMMENDATIONS
In collaboration with local partners,
CHI identified 14 recommendations for the
2024-2028 CMP for Larimer County. They
build on progress from the 2018 plan and
aim to address ongoing community and
systemic challenges that affect service
providers, community-based organizations,
and county residents alike.
An important note.
Some systemic challenges, such as those
related to housing and social isolation,
are reflected in the recommendations
because stakeholders and behavioral
health leaders highlighted the persistent
influence of systemic issues in their
community and said that they wanted to
see these issues included in the CMP.
BHS and other government departments
are not able to fully address or “fix” these
issues in Larimer County within the next
five years. Doing so will require extensive
partnerships among many different
sectors, as well as a longer time horizon.
However, CHI included these systemic
issues to call attention to opportunities
for greater collaboration and shared
leadership to affect behavioral health
outcomes in important ways.
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9
1. Facility Evaluation
Challenge. The Acute Care Facility on the
LongviewTM Campus opened in December
2023 with the goal of filling service gaps in
acute behavioral health care. (See Figure 2 for
a list of services in high demand in Larimer
County.) Evaluation metrics that assess
quality improvement, financial stability, and
community health outcomes have been
established and will be monitored through
the Longview Financial Advisory Committee
and the Longview Quality Council.
Recommendation. Evaluate the metrics and
goals to measure successes and challenges
of the new Acute Care Facility at LongviewTM.
These evaluation metrics will ensure the
county’s investment is being effectively
leveraged to address service gaps for the
county’s diverse populations and needs.
Next steps. Coordinate with the facility’s
Quality and Fiscal Committees to align
evaluation processes. Review the established
metrics that assess service utilization
and availability, cultural competency,
sustainability, and effectiveness of diverting
acute care needs from jails and emergency
departments. Determine how often metrics
will be collected and assessed, and which
organizations are responsible for conducting
each component of the evaluation. Establish
a mechanism for sharing outcomes and
evaluation results with the public.
Building on Progress From the 2018 CMP
The 2018 CMP created a solid foundation for Larimer County’s future behavioral health
efforts. A focus on evaluation, collaboration, and coordination among government, health
care, and community organizations is needed to continue building on the progress stemming
from the 2018 plan. County investments in services, facilities, and programs will need to
be informed by data and supported by multiple entities to meet the community’s evolving
behavioral health needs. These recommendations address evaluation and assessment
opportunities, a need for greater collaboration, different approaches to grant funding, and
ways to scale promising crisis alternative programs, among others.
2. Interagency Collaboration and Alignment
Challenge. Local government agencies and
health care organizations often conduct
assessment and data collection efforts in silos. A
lack of coordination among these entities risks
duplication of efforts, burdening residents with
community engagement activities, and diffusion
of responsibility and limited funding to improve
health outcomes.
This challenge is not unique to Larimer County.
Several counties in the Denver metro area have
discussed aligning their timelines and other
aspects of community engagement to reduce
silos and duplication in community health needs
assessments. Similar conversations have taken
place among leaders in Larimer and Weld counties
as recently as July 2023 and may offer a strong
foundation for new regional partnerships in
Northern Colorado.
Recommendation. Reduce silos and duplication
by collaborating in new ways among county
agencies and health organizations, including
behavioral health entities. The goal is to improve
information sharing through better-aligned data
collection and assessment efforts.
Next steps. Identify a lead agency to establish
and coordinate annual meetings focused on
alignment. Require attendance from local
government agencies and create opportunities for
health care entities and community organizations
to share and coordinate data collection and
community engagement plans.
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10
3. Youth Services Feasibility Study
Challenge. Larimer County has limited acute mental
health and substance use services for youth, which
means those with high needs sometimes must travel
to the Denver metro area or other locations along the
Front Range for services. The new Acute Care Facility
on the LongviewTM Campus has limited options for
youth-specific services and the costs to build, operate,
and staff a youth-inpatient facility or to create youth-
specific services at the LongviewTM Campus are largely
unknown.
Recommendation. Develop a plan for assessing the
financial feasibility, licensing requirements, workforce
capacity, and community demand for acute and chronic
youth behavioral health services on the LongviewTM
Campus or in other settings around the county.
Next steps. Coordinate with local behavioral health
leaders and LongviewTM Campus staff to identify what
metrics and key supporting partners should be included
in the feasibility assessment.
4. Care Coordination
Challenge. Fragmented referral processes
among health care and community-based
organizations reduce opportunities for
people to be connected to needed services.
Stakeholders say the community’s most
frequented behavioral and general health
providers are not using centralized coordinated
care and referral hubs, and some organizations
do not have enough money or staff to
participate in a centralized referral network.
Community members also experience care
coordination challenges when they are not
connected to wraparound services or have
difficulty finding providers and programs within
their insurance network that offer culturally
competent behavioral health care.
Recommendation. Health care entities and
community-based organizations use a new
or existing centralized referral hub. This hub
would strengthen care coordination and
network partnerships that connect people with
information and services to address both their
behavioral health and social needs.
Next steps. Collaborate with health systems,
behavioral health providers, and community-
based organizations to assess their interest
in and barriers to participating in a local
centralized referral network.
Even finding a place for kids under age 12 who
need inpatient hospitalization is hard. We have
nothing for 60 miles radius because the closest
would be in Denver and that’s if they have any beds
available. For our kids who are struggling with
significant mental health issues and safety when
they’re under age 12, we have really no viable
options for those families within our county.”
Health District Youth Behavioral Health Assessment
key informant interviewee
Figure 2. Services in High Demand in Larimer County. Most frequently diagnosed conditions
at SummitStone Health Partners, July 2022–August 2023*6
Major depressive disorder †
Schizoaffective disorder
Generalized anxiety disorder
Opioid dependence
Bipolar disorder
Schizophrenia
Major depressive disorder ‡
Anxiety disorder
Other stimulant dependence
Major depressive disorder §
Post-traumatic stress disorder
Reaction to serve stress
Illness (unspecified)
Alcohol dependence
2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000
*Data are totaled by diagnosis code, not by individual person †Major depressive disorder, recurrent severe without psychotic features
‡Major depressive disorder, single episode, unspecified §Major depressive disorder, recurrent, unspecified
Page 126
11
5. Crisis Alternatives
Challenge. Jails and hospitals are still being
used as default locations to hold people with
acute mental health and substance use needs.
The Colorado Opioid Synergy - Larimer and
Weld counties (CO-SLAW), co-responder, and
Frequent Users Systems Engagement (FUSE)
programs have reduced jail and emergency
department visits; however, the programs don’t
have the capacity to help everyone at risk of
these outcomes. The co-responder program in
particular has reduced or avoided jail time for
some people who interact with law enforcement
while experiencing a mental health crisis, but
the program needs more teams of officers and
clinicians to reach people in need around the
county and at all times of day (see Figure 3).
Recommendations. Expand proven programs,
such as CO-SLAW and the co-responder model,
that divert people experiencing acute mental
health and substance use events from jails and
emergency departments. Monitor how effective
the new Acute Care Facility is at diverting people
away from these settings. By providing a setting
for more appropriate services, local leaders
expect to see a positive impact. Determine when
and how care coordination teams and program
outcomes should be evaluated to identify
network performance successes and challenges.
Next steps. Identify sustainable funding sources
to financially support program expansion and
viability in the county.
2019 2020 2021 2022
Figure 3. Co-responder unit contacts/referrals
by year, 2019-20227
200
400
600
800
1,000
1,200
1,400
1,600
860 917
1,537 1,607
6. Impact Fund Grants
Challenge. The Impact Fund Grant Program
has evolved since its inception in 2019,
but the one-year grant period limits
the sustainability of funded programs.
Additionally, yearly application and reporting
requirements place an extra burden on
already stretched staff teams. One-year
funding cycles can supplement current
programs, but they reduce opportunities
to create new programs and hire additional
staff.
Recommendation. Modify and annually
evaluate the Impact Fund’s application
criteria and award process. Consider
multiyear grant options to foster more
equitable and impactful changes and support
sustainability in grantees’ programming.
Next steps. Present options for multiyear
grant funding to the BHS advisory groups
for the Impact Fund Grant Program. Create
evaluation metrics that assess equity,
administrative burden, and impact for
underserved communities.
7. CMP Implementation
Challenge. The 2024-2028 CMP
recommendations will require coordination
and action from key partners across county
government, health care entities, and
community-based organizations. Yet there
are no formal plans to evaluate if and how
these recommendations are being pursued
and implemented.
Recommendation. Create an annual meeting
for the Executive Sponsors and Guidance
Team to assess progress on the CMP’s
recommendations and to identify needs and
roles for the year ahead.
Next steps. Identify a lead agency to
coordinate the meeting. Create evaluation
tools to assess progress on the CMP’s
priorities. Discuss any new or evolving
behavioral health issues to ensure county
residents’ needs are being met.
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12
8. Adult-Focused Programs
Behavioral Health Services and Supports
Larimer County does not have enough quality prevention, treatment, and recovery services for
people across the age spectrum or with diverse backgrounds and lived experiences. This situation
is rooted in both local and systemic challenges. This section primarily focuses on local issues
that county government, health care, and community-based organizations can address through
collaboration, financial investment, and other programmatic supports. Recommendations would
benefit youth, adults, members of underserved communities, and the behavioral health workforce.
Challenge. The behavioral health continuum does
not fully accommodate the needs of people across
the age spectrum. This includes adult Larimer
County residents who can sometimes be passed
over in favor of focusing additional attention and
resources on the needs of younger residents.
Adults, particularly those ages 25-34, have
struggled with high rates of drug overdoses during
the past three years (see Figure 5). The pandemic
likely exacerbated mental health struggles in
the community. Reports of poor mental health
spiked from 13% in 2019 to 29% in 2021 as people
experienced social isolation, financial instability,
and illness from the virus (see Figure 4).8 Self-
reported mental health diagnoses among adults
followed a similar trend, jumping from 30% in
2019 to 37% in 2022.26
Death by suicide is a persistent challenge in the
county. Adults ages 45 and up have seen an uptick
in suicide rates over the past three years, pointing
to a need for better behavioral health prevention,
screening, and treatment options, especially for
those 75 and older (see Figure 6).
Recommendation. While not losing sight of ways
to better serve youth, expand funding for adult
mental health and substance use prevention and
treatment programs, especially for the distinct
life stages and challenges that evolve throughout
adulthood. Young adults (ages 25-34) especially
need additional drug prevention and treatment
services to counter the recent uptick in overdose
deaths. Suicide rates have remained high for
all adult age groups in the county, but recent
increases in suicide deaths by older adults suggest
additional programs and services are needed
to better understand and prevent devastating
behavioral health outcomes for this population.
Next steps. Identify adult-specific behavioral
health services currently offered in the county
and assess where there are gaps along the
age spectrum. Find ways to leverage funding,
partnerships, or lessons from successful programs
in other counties to effectively serve different
adult age groups.
Figure 4. Percentage of Larimer County residents who reported poor mental health in past 12 months,
2015-2021 8
10%13%13%
29%
10%
20%
30%
2015 2017 2019 2021
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13
Adolescent Alcohol Use
Alcohol use and abuse can start during
a person’s adolescent years, increasing
their risk for alcohol-related issues into
adulthood.15 Over one in four (27%)
Larimer County high school students have
had at least one drink in the past month.16
39%
Percentage of high school students
who do not think it’s wrong for someone
the same age to drink alcohol regularly16
15%
Percentage of high school students
who engaged in binge drinking in
the past month16
18-24 25-34 35-44 45-54 55-64 65+
*Heavy drinker definition: Respondents who identify as men
who report drinking more than 14 alcoholic beverages in a week
and respondents who identify as women who report drinking more
than 7 alcoholic beverages in a week.
Heavy Drinking* by Age14
Larimer County’s Alcohol Landscape
Percentage of adults who are
heavy drinkers11
Percentage of adults who reported
binge drinking in the past month
(males 5+/females 4+ drinks on one occasion)11
Percentage of fatal car crashes that
involved alcohol12
Percentage of people who drank during
pregnany13
10%5%9%6%10%7%
8%
21%
33%
16%
Alcohol Use in Larimer County
Alcohol use and misuse is a consistent and overlooked problem in Larimer County. About one in five adults (ages
18 and older) reported binge drinking in the past month, and one-third of all fatal car crashes in the county
involve alcohol. Additionally, alcohol dependence was the most diagnosed condition at SummitStone Health
Partners in 2022.
Figure 5. Larimer County drug overdose deaths per 100,000, by age group, 2020-2022 9
Figure 6. Larimer County suicide rate per 100,000 by age group, 2020-20222
20
40
60
12.5
Dr
u
g
o
v
e
r
d
o
s
e
d
e
a
t
h
s
15-24 25-34 35-44 45-54 55-64
n 2020 n 2021 n 2022
20
40
60
Su
i
c
i
d
e
R
a
t
e
10-14 15-19 20-24 25-34 35-44 45-54 55-64 65-74 75+
10.7 19.5
35.8
47.9
37.0 29.6
42.2
21.1 26.7 34.9 29.7
12.8
32.3 28.2
14
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14
The way I got help is I had a teacher I was really close with, and I told him about my situation,
and he helped me meet with the counselor at [school], and they set me up with a therapist and
I didn’t have to pay — it was through the school — and I also got to keep it a secret from my
parents for a while until I was ready to tell them, so that helped a lot.”
Health District Youth Behavioral Health Assessment focus group youth participant
Mental Health Among Larimer County High School Students16
Suicide and Self-Harm Among Larimer County High School Students16
Percentage who seriously
considered suicide in the past year
Percentage who
attempted suicide
Percentage who purposely hurt
themselves without wanting to die
Felt so sad or hopeless for
two weeks or more during
the past 12 months that
they stopped doing some
usual activities
Stress level is
not manageable
most days
Drug and Alcohol Use Among Larimer County High School Students16
Were sold, offered, or given
illegal drugs on school property
Used prescription pain medicine
without a prescription
Used substances to cope with
negative/difficult feelings
Had at least one drink of alcohol
in the past 30 days
9. Youth-Focused Programs
Challenge. Youth have limited access to culturally
and socially competent mental health and
substance use services across the county. Many
services are concentrated in high-population
areas, like Fort Collins, and not much is available
to youth in convenient and trusted settings,
like their schools or homes. These services
are imperative to combat youth suicide and
substance use and to effectively treat a range of
behavioral health issues.
In particular, limited capacity exists for early
childhood (ages 0-5) mental health services.
The ongoing child care crisis exacerbates this
issue, as many connections to resources for
early childhood mental health care, as well as for
parental support, are typically accessed through
early childhood care and education services.
Recommendation. Consider ways to include
youth voices and better serve young people
while also offering appropriate behavioral
health supports for adults in the county (see
Recommendation 8). While acknowledging
that children are not just small adults, increase
investments in and tailor school- and home-
based programs, peer programs, and initiatives
that offer substance use and mental health
prevention and treatment services. County
residents reported a need for more therapy and
outpatient services for infants and young children
(ages 0-5), as well as for more inpatient services,
community-based services, and culturally
competent and LGBTQ+ services for older
children and youth.
Next steps. Identify gaps in suicide and substance
use prevention and treatment among local youth
programs. Create or invest in existing programs
that support youth mental health across the age
spectrum in accessible settings.
20%
24%
10%
14%
13%
27%
7%
42%
46%
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15
10. Workforce Supports
Challenge. Limited workforce capacity,
appointment availability, and cultural
competency are top concerns among local
leaders. The high cost of master’s degrees
and the inability of wages to keep pace
with the county’s self-sufficiency standard
are key barriers that reduce the number of
behavioral health workers (see Figure 7).
Those from diverse backgrounds and those
with nontraditional education backgrounds
or lived experiences often struggle with
these barriers the most. Demand for
providers who bring similar lived experiences
or common backgrounds as their patients is
high, but gaps in diversity of age, language,
and race/ethnicity persist among providers.
Recommendation. Create new opportunities
or invest in existing efforts to expand
the behavioral health workforce pipeline
and offer meaningful compensation that
supports providers’ cost-of-living expenses.
Next steps. Identify programs and
opportunities to recruit and retain clinical
and administrative staff, such as investing
in local loan forgiveness programs and
creating apprenticeship opportunities within
local clinical settings. Opportunities to
reduce cost-of-living barriers include loan
forgiveness and grant programs to increase
compensation for providers and other staff.
11. Underserved Communities
Challenge. Larimer County has few programs across the
behavioral health continuum that are affirming of and
provided by members of marginalized communities.
Residents from rural areas, communities of color,
low-income brackets, the LGBTQ+ community, and the
unhoused population face more barriers to accessing
and utilizing needed services compared with the
general population. These populations encounter
added barriers related to language, transportation,
having a safe place to receive care, experiencing unfair
treatment, and finding providers and facilities that
reflect their cultural or social preferences.
Recommendation. Invest in community-based
organizations and initiatives that serve populations
with unique behavioral health needs, including rural
communities, LGBTQ+ individuals, unhoused people,
individuals earning low incomes, and historically
marginalized racial and ethnic groups.
Next steps. Coordinate with community leaders and
organizations that are from or work with underserved
populations to identify the types of support they need
to create new programs or grow existing ones.
Figure 7. Annual income needed by family
type to be self-sufficient in Larimer County27
Adult
$35,100
Adult and two young children $73,300
Two adults $52,500
Two adults and
two young children
$97,500
Depression* Among High School-Age Youth 16
By Sexual Orientation
Straight
Gay/lesbian
Bisexual
By Gender
Female
Male
Nonbinary
Transgender
31%
19%
33%
64%
70%
50%
29%
80%
77%
Poor Mental Health by Income 2
People earning an income
less than 200% Federal Poverty Level
People earning an income
more than 200% Federal Poverty Level
* Felt so sad or hopeless for two weeks or more during the past 12 months that they stopped doing some usual activities
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16
Larimer County Community Demographics
Linguistically
isolated households17
Adults who identify as
gay, lesbian, or bisexual18
People of color
age 18+19
Youth of color
(under 18)19
People who are
Hispanic/Latino (all ages)19
Rural
population19
12%
8%
17%
30%
13%
12%
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17
Upstream and Prevention Efforts
Behavioral health service gaps and disparities are also grounded in systemic challenges. This section
focuses on a few of the systemic issues most commonly cited by stakeholders: housing affordability,
community engagement and connection, and awareness of behavioral health issues. Combating
housing shortages, social isolation, and stigma are tall tasks that require long-time horizons, extensive
partnerships, and shifts in social norms. While these challenges are key drivers of poor behavioral
health, they have much broader impacts. That said, they are important to include as part of Larimer
County’s priorities for improving the health and well-being of residents in the years to come.
12. Affordable Housing
Challenge. Housing is a foundational pillar of
health. People experiencing housing instability
have an increased risk of poor physical and
mental health outcomes.10 The need for more
affordable, stable housing in Larimer County
was one of biggest concerns among behavioral
health providers and community members alike.
They cited housing costs as a recruitment barrier
for providers. Clinics and community-based
organizations said they are struggling to fill jobs
because the cost of living in the county, especially
related to housing, is so high.
One in three residents (33%) are paying at least
one-third of their income toward housing, with
rates closer to 50% in central and west Fort
Collins.21 The high cost of housing is not limited to
urban areas; rural communities like Estes Park also
have a high percentage of residents burdened by
housing costs. Residents on the list for affordable
housing often wait years for a unit to open, leaving
them with housing stability challenges and limited
options to live in their chosen communities.
Figure 8. Connection Between Housing
and Health (Housing-First Approach*).
*Note: A housing-first approach acknowledges the
importance of safe and stable housing to achieve other
things that make and keep people healthy, from physical
activity and mental health to addiction recovery and
employment.24
Employment Mental Health
Community
Engagement
Family
Reunification
Meaningful Daily Activity
Addiction
Recovery
Physical
Health and Wellness HousingFirst
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18
Recommendation. Invest in programs, such as
affordable homeownership and down payment
assistance, that offer equitable opportunities
for community members to purchase affordable
homes and remain in them over time.
Additionally, work with existing affordable
housing programs and organizations to ensure
behavioral health supports are available in the
places people live.
Next steps. Identify local opportunities to
improve housing affordability in Larimer County.
For example, the cities of Boulder, Longmont, and
Denver have implemented their own affordable
housing programs to address their communities’
growing housing affordability crisis.
33%
6%
76%
25%
63%
13. Community Connection
Challenge. Community connection is a key
component of good mental health, yet not
everyone has equal opportunities to form and
maintain positive relationships. Some community
members lack awareness of available programs
and activities, while others cannot afford to
participate.
Community engagement also needs to be more
inclusive. While the county’s “bikes and brewpubs”
culture is a draw for some residents, it doesn’t
work well for everyone, and some feel the
community lacks enough events with nonalcoholic
options or that are not centered around physical
activity. In the future, Larimer County residents
seek to have more affordable and accessible
opportunities to participate in events that create
community connection and reduce loneliness.
Recommendation. Reduce isolation that leads
to behavioral health challenges by introducing
and expanding equitable opportunities for
strengthening community connections and
building social networks. Emphasize adding
additional opportunities that are not focused on
physical activity or alcohol consumption.
Next steps. Take stock of existing community
activities and events and evaluate how the cost,
location, and type of activities can be made more
equitable for attendees and potential participants.
Older adults (60+) who
reported feeling lonely
or isolated22
Social Isolation
Adults from lower-earning households
(less than $75,000 annually for a family
of four25) without someone to:26
Confide in: 21%
Have a good time with: 22%
Larimer County
Housing Data
Percentage of people who
are housing-cost burdened21
Percentage with unstable
housing2
Percentage of older adults (60+)
who reported housing affordability
in their community as fair/poor22
Percentage of the Larimer and Weld
population who are concerned
they might lose their home
because they cannot afford rent or
mortgage payments 23
Percentage of Larimer and Weld
renters who aspire to own a home,
but feel unlikely to 23
10%
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19
14. Community Awareness and Education
Challenge. Stigma associated with mental
health and substance use services is prevalent
in the community. Additionally, community
members and others, including government
staff and representatives from community-
based organizations, don’t fully understand the
relationship between social factors and behavioral
health outcomes. These perceptions can silo
funding streams and reduce opportunities to
implement solutions along the behavioral health
continuum.
Recommendation. Evolve public awareness
campaigns to further reduce stigma and
demonstrate the connection between behavioral
health outcomes and the social determinants
of health with messaging tailored for Larimer
County’s diverse and underserved populations.
Build enthusiasm for the importance of upstream
prevention efforts, which may not easily attract
support because their impacts are less tangible
than those of treatment programs and other
downstream services.
Next steps. Coordinate with community leaders,
especially those who represent or serve as liaisons
with underserved populations, to identify best
practices and culturally relevant opportunities
to share stigma education and highlight the
importance of supporting social needs to reduce
adverse behavioral health outcomes.
Additional Considerations
Eleven challenges identified in CHI’s initial
assessment were ultimately not included
as prioritized recommendations in this
CMP. This is because CHI wished to limit the
number of systemic challenges to consider
and/or because these challenges were not
identified among the most urgent priorities
by key stakeholders and community members
through conversations or stakeholder surveys.
Each is an important issue, and some are
related to and would benefit from CMP
recommendations. The other community
challenges are:
• Cost of behavioral health care and
information about insurance coverage
• Timeliness of behavioral health care in
preferred environments
• Funding to support operating costs of
public health and community-based
organizations
• Food security and access
• Transportation
• Affordable child care
• Medicaid reimbursement rates
• Behavioral health provider licensure
compacts
• Brick-and-mortar locations of behavioral
health services
• Systemic racism, discrimination, and
unfair treatment
• Provider burnout and moral distress
16,000
Larimer County residents
didn’t get behavioral health care
in the past year because of stigma2
Public Perception Currently Favors Treatment Over Prevention.3
Larimer and Weld County residents who
think investing in programs to prevent
people from abusing alcohol and drugs
is very effective
Larimer and Weld County Residents who
think investing in more affordable and
accessible treatment options is very
effective
35%
55%
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20
LOOKING AHEAD
Larimer County has made encouraging strides to improve
behavioral health services and outcomes for local residents since
the last CMP five years ago. The recent opening of the Acute
Care Facility on the LongviewTM Campus represents an important
and tangible step forward in expanding local capacity to meet
behavioral health needs. Still, there is much work to do.
Voters provided significant resources for
this work with a two-decade commitment
when they approved Ballot Issue 1A in 2018.
County leaders, with support from health care
providers, community-based organizations, and
others, will continue honoring this commitment
from the community and leveraging the
funding source to meet ambitious goals while
prioritizing accountability and transparency.
This CMP outlines priorities and
recommendations for the next five years
with the goal of guiding the county’s
next steps among many competing
needs. Success will require close
collaboration and partnerships, as well
as a willingness to regularly evaluate
progress and consider evolving needs
and issues.
For more information about the CMP or behavioral health efforts in the county,
please visit www.larimer.gov/behavioralhealth
Page 136
21
APPENDIX
CMP Methods
CHI’s research combined quantitative and qualitative approaches to assess Larimer County’s
behavioral health landscape and inform the 14 recommendations presented in the CMP. CHI took
the following steps between June and October 2023:
Key informant interviews. CHI conducted
interviews with representatives of 12
organizations in the county. These included
government, community-based, and direct
service organizations.
Surveys. CHI fielded two surveys to
collect information on local behavioral
health challenges and offer feedback on
CHI’s initial findings. Both surveys were
distributed to local leaders, staff from
community-based organizations, and
behavioral health providers.
Expert engagement. CHI regularly met
with members of the Executive Sponsors
group and Guidance Team throughout the
research process to present and discuss
findings, in addition to collaborating closely
with key staff at BHS.
Research plan and data gap analysis. CHI created
a resource inventory that identified gaps in
knowledge by topic area and a plan to address
these gaps through stakeholder engagement and
quantitative data collection.
Quantitative analysis. The team collected and
analyzed more than 100 metrics to understand
the county’s behavioral health landscape. Sources
included the Colorado Health Access Survey,
American Community Survey, Behavioral Risk
Factor Surveillance System, the Health District of
Northern Larimer County’s Community Health
Assessment, and the Colorado Health Information
Dataset.
Literature review. A dozen community
assessments were reviewed to analyze the
demand, utilization, and gaps in behavioral health
and social services in Larimer County for different
services and populations. CHI also reviewed
over 20 news and journal articles for context on
systemic and ongoing challenges in behavioral
health at the state and national levels.
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22
Acknowledgements
Guidance Team (GT) Members and
Executive Sponsor (ES) Representatives
A Guidance Team of behavioral health experts and community
leaders, alongside representatives from CMP Executive Sponsor
organizations, offered advice and feedback on this report’s
development, findings, and prioritization of recommendations. We
thank these participants for their time and thoughtful contributions.
• Michael Allen, SummitStone Health Partners, ES + GT
• Sam Bruick, Health District of Northern Larimer County, GT
• Amey Dice, Homeward Alliance, GT
• Emily Humphrey, Larimer County Community Justice
Alternatives, GT
• Heather Ihrig, Northpoint Recovery, GT
• Liane Jollon, Health District of Northern Larimer County, ES
• MJ Jorgensen, Northern Colorado Health Alliance, GT
• Taylor Kelley, Larimer County Behavioral Health Services,
ES + GT Liaison
• Kelsey Lyons, Larimer County Department of Health
and Environment, GT
• John McKay, SummitStone Health Partners, GT,
Key Informant Interviewee
• Kim Moeller, Alliance for Suicide Prevention of Larimer County, GT
• Linda Nuss, Homeward Alliance, GT
• Jared Olson, Larimer County Department of Health
and Environment, GT
• Rachel Olsen, Alliance for Suicide Prevention, GT,
Key Informant Interviewee
• Carol Plock, Health District of Northern Larimer County, ES
• Geena Rupp, The Yarrow Collective, GT, Key Informant Interviewee
• Michael Ruttenberg, Family Care Center, GT
• Jessica Shannon, Health District of Northern Larimer County,
ES + GT, Key Informant Interviewee
• Trisha Sims, Larimer County Department of Human Services, GT
• Scott Smith, Alliance for Suicide Prevention of Larimer County, GT
• Lyssa Stroup, UCHealth, GT
• Lee Thielen, Health District of Northern Larimer County, ES
• Laura Walker, Larimer County, ES
• Lin Wilder, Health District of Northern Larimer County, GT
• Alyson Williams, Health District of Northern Larimer County,
ES + GT, Key Informant Interviewee
Community Partners and
Additional Key Informant
Interviewees
• Jenn Anderson, SummitStone Health Partners
• Michele Christensen, Housing Catalyst
• Robert Cook, Larimer County Sheriff’s Office Co-Responder Program
• Janina Fariñas, La Cocina
• Jen Head, Health District of Northern Larimer County
• Rebecca Helfand, SummitStone Health Partners
• Marcy Kasner, Larimer County Economic and Workforce Development
• Gloria Kat, The Family Center/La Familia
• Monica Keele, CSU Health Network
• Wendy Lee, Turning Point Center for Youth and Family Development
• Julie Merlino, UCHealth
• Jessica Plummer, Larimer County Behavioral Health Services
• Jodie Riesenberger, Bohemian Foundation
• Amy Sanford, UCHealth
• Laurie Stolen, Larimer County Behavioral Health Services
• Beth Yonce, City of Fort Collins, Social Sustainability Department
CHI Contributors
• Chrissy Esposito, lead author
• Emily Johnson
• Emily Leung
• Suman Mathur
• Allie Morgan
• Kendra Neumann
• Lindsey Whittington
Page 138
ENDNOTES
1 Larimer County. Official Ballot for General Election, Larimer County, Colorado. (2018). https://www.larimer.gov/sites/default/files/
uploads/2020/2018_general_sample_ballot.pdf
2 Colorado Health Access Survey. 2019-2021 estimates. https://www.coloradohealthinstitute.org/programs/colorado-health-access-survey
3 Colorado Health Foundation. Pulse Survey. (2022). https://www.copulsepoll.org/results?year=poll-2022-373
4 The Colorado Violent Death Reporting System (CoVDRS), 2018-2020. Accessed https://cohealthviz.dphe.state.co.us/t/HSEBPublic/views/
CHITemplate-Redesign1_0-latest3-11m_16527278788750/InjuryDashboard?%3Aembed=y&%3Aiid=2&%3AisGuestRedirectFromVizportal=y
5 Larimer County. Annual Reports. https://www.larimer.gov/behavioralhealth/bhs-annual-report
6 SummitStone Health Partners. Diagnosis data from July 2022-August 2023. Requested by CHI in September 2023.
7 Larimer County Sheriff’s Office. Co-responder data, 2019-2022. Internal Request by BHS in September 2023.
8 Colorado Health Access Survey. 2015-2021. https://www.coloradohealthinstitute.org/programs/colorado-health-access-survey
9 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID). Overdose Data Dashboard, 2020-2022. https://
cohealthviz.dphe.state.co.us/t/PSDVIP-MHPPUBLIC/views/DrugOverdoseDashboard/LandingPage?iframeSizedToWindow=true&%3Adisplay_
count=n&%3AshowAppBanner=false&%3Aorigin=viz_share_link&%3AshowVizHome=n&%3AisGuestRedirectFromVizportal=y&%3Aembed=y#2
10 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID). Suicide Data Dashboard, 2020-2022.
https://cdphe.colorado.gov/colorado-suicide-statistics
11 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID). Colorado Health Indicators, 2018-2020.
https://cdphe.colorado.gov/cohid
12 County Health Rankings. (2023). https://www.countyhealthrankings.org/explore-health-rankings/colorado/larimer?year=2023
13 Colorado Public Health and Environment. Pregnancy Risk Assessment Monitoring System (PRAMS). (2021). https://cdphe.colorado.gov/center-
for-health-and-environmental-data/survey-research/pregnancy-risk-assessment-monitoring
14 Health District of Northern Larimer County. Larimer County Community Health Survey. (2022). Internal data request November 2023.
15 Ryan S.A., Kokotailo P. COMMITTEE ON SUBSTANCE USE AND PREVENTION. Alcohol Use by Youth. Pediatrics. (2019). 144(1). doi: 10.1542/
peds.2019-1357
16 Colorado Public Health and Environment. Healthy Kids Colorado Survey. (2021). https://cdphe.colorado.gov/hkcs
17 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID. Colorado Public Health Indicators,
2015-2019. https://cohealthviz.dphe.state.co.us/t/HSEBPublic/views/CHITemplate-Redesign1_0-latest3-11m_16527278788750/
CHI?%3Aembed=y&%3Aiid=2&%3AisGuestRedirectFromVizportal=y
18 Colorado Public Health and Environment. The Colorado Health Information Dataset (CoHID). Colorado Health Indicators, 2018-2020. https://
cdphe.colorado.gov/cohid
19 Colorado Department of Local Affairs. Colorado State Demography Office, 2022. https://demography.dola.colorado.gov/assets/html/muni.html
20 Center on Budget and Policy Priorities. Chart Book: Housing and Health Problems Are Intertwined. So Are Their Solutions. (2022). https://www.
cbpp.org/research/health/housing-and-health-problems-are-intertwined-so-are-their-solutions
21 American Community Survey. 2017-2021 estimates. https://www.census.gov/programs-surveys/acs
22 Community Assessment Survey of Older Adults. (2023). https://www.larimer.gov/sites/default/files/casoa-larimer-county.pdf
23 Colorado Health Foundation. Pulse Survey. (2023). https://www.copulsepoll.org/results?year=poll-2023-515
24 County of Santa Clara. The Housing Ready Community’s Toolkit. https://housingtoolkit.sccgov.org/solution
25 U.S. Department of Health and Human Services. HHS Poverty Guidelines for 2023. (2023). https://aspe.hhs.gov/topics/poverty-economic-
mobility/poverty-guidelines
26 Health District of Northern Larimer County. 2022 Community Health Assessment: Key Findings. (2022). https://www.healthdistrict.org/sites/
default/files/larimer-county-community-health-survey-2022-key-findings-022423.pdf
27 Self-Sufficiency Standard at the Center for Women’s Welfare, University of Washington. (2022). https://selfsufficiencystandard.org/colorado/
Page 139
3/20/2024
LARIMER COUNTY
2024-2028
Community Master Plan for Behavioral Health
•Research plan and data
gap analysis
•Quantitative analysis
•Literature review
•Key informant interviews
•Stakeholder surveys
•Expert engagement
Methods
1
2
Attachment 3
Page 140
3/20/2024
14 Recommendations
Building
on
Progress
1. Facility Evaluation
Evaluate metrics and goals to measure successes and
challenges of the new Acute Care Facility.
2. Interagency Collaboration & Alignment
Reduce silos and duplication by collaborating in new
ways among county agencies and health organizations.
3
4
Page 141
3/20/2024
Building
on
Progress
3. Youth Services Feasibility Study
Assess the financial feasibility, licensing requirements,
workforce capacity, and community demand for acute
and chronic youth behavioral health services.
4. Care Coordination
Use a new or existing centralized referral hub to
strengthen care coordination and network partnerships
for behavioral health and social needs.
Building
on
Progress
5. Crisis Alternatives
Expand proven programs that divert people
experiencing acute mental health and substance use
events from jails and emergency departments.
6. Impact Fund Grants
Modify and then annually evaluate the Impact Fund’s
application criteria and award process and consider
multi-year grant options.
5
6
Page 142
3/20/2024
Building
on
Progress
7. CMP Implementation
Create an annual meeting for the Executive Sponsors
and Guidance Team to assess progress on the CMP’s
recommendations and identify needs and roles for the
year ahead.
Behavioral Health Services & Supports
8. Adult-Focused Programs
Expand funding opportunities to support mental health and
substance use prevention and treatment programs that are tailored
for adults in distinct life phases.
7
8
Page 143
3/20/2024
Adults who reported binge
drinking in the past month
Fatal car crashes that involved
alcohol
High school students who
engaged in binge drinking in
the past month
Spotlight: Alcohol Use
Sources: BRFSS, 2018-2020 Estimates; Fatality Analysis Reporting System 2016-2020 Estimates; Healthy Kids Colorado Survey, 2021
21%
33%
15%
Behavioral
Health
Services &
Supports
9. Youth Focused Programs
Improve in school- and home-based programs that offer
substance use and mental health prevention and
treatment services for youth, (including ages 0-5).
Larimer County High School Students in 2021 Who:
Reported feeling
depressed
Attempted
suicide
Drank alcohol in
the past month
42% 7% 27%
9
10
Page 144
3/20/2024
Behavioral
Health
Services &
Supports
10. Workforce Supports
Create or invest in opportunities to expand the
behavioral health workforce pipeline and offer
meaningful compensation for providers.
11. Underserved Communities
Invest in community-based organizations and initiatives
that serve populations with unique behavioral health
needs, including rural communities, LGBTQ+ individuals,
unhoused people, individuals earning low-incomes, and
historically marginalized racial and ethnic groups.
Upstream
Prevention
Efforts
12. Affordable Housing
Invest in programs that offer equitable opportunities for
community members to purchase and remain in
affordable homes, and work to infuse behavioral health
supports in the places people live.
13. Community Connection
Reduce isolation by introducing and expanding equitable
opportunities for strengthening connections and building
social networks.
11
12
Page 145
3/20/2024
Upstream
Prevention
Efforts
14. Community Awareness & Education
Evolve public awareness campaigns to further reduce
stigma, build support for prevention, and demonstrate
the connection between behavioral health outcomes
and the social determinants of health.
Upstream
Prevention
Efforts
12. Affordable Housing
Invest in programs that offer equitable opportunities for
community members to purchase and remain in
affordable homes, and work to infuse behavioral health
supports in the places people live.
One in three residents is housing-cost
burdened
Two in three renters aspire to own a
home, but feel unlikely to
13
14
Page 146
3/20/2024
Upstream
Prevention
Efforts 14. Community Awareness & Education
Evolve public awareness campaigns to further reduce
stigma, build support for prevention, and demonstrate
the connection between behavioral health outcomes
and the social determinants of health.
13. Community Connection
Reduce isolation by introducing and expanding equitable
opportunities for strengthening connections and building
social networks.
Additional Challenges
Sources: BRFSS, 2018-2020 Estimates; Fatality Analysis Reporting System 2016-2020 Estimates; Healthy Kids Colorado Survey, 2021
●Affordable child care
●Medicaid reimbursement rates
●Behavioral health provider
licensure compacts
●Brick-and-mortar locations
●of behavioral health services
●Systemic racism,
discrimination, and unfair
treatment
●Provider burnout and moral
distress
●Cost of behavioral health care
and information about
insurance coverage
●Timeliness of behavioral health
care in preferred environments
●Funding to support operating
costs of public health and
community-based
organizations
●Food security and access
●Transportation
15
16
Page 147
3/20/2024
17
Page 148
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson
Date: March 26, 2024
RE: Resolution 27-24 Transfer of Ownership from Mona Lisa LLC dba
Dunraven Inn to Ember Restaurant LLC dba Ember Restaurant, 1700
Colorado Peaks Drive, Hotel & Restaurant Liquor License
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER
QUASI-JUDICIAL YES NO
Objective:
Transfer an existing liquor license located at 1700 Colorado Peaks Drive to the
applicant, Ember Restaurant LLC.
Present Situation:
A Hotel & Restaurant liquor license is currently held at the location referenced above by
Mona Lisa LLC dba Dunraven Inn. The applicant is requesting a transfer of the license
and submitted a complete application to the Town Clerk’s office on March 5, 2024, and
a temporary permit was issued March 5, 2024. The temporary permit authorizes the
transferee to continue the sale of alcohol as permitted under the current license while
the application to transfer ownership of the license is pending. The applicant submitted
all necessary paperwork and fees. The applicant is aware of the TIPS training
requirement as the applicant owns four establishments in Longmont and stated they
TIPS train all staff.
Proposal:
The Town Board to review and consider the application to transfer the existing license
to Ember Restaurant LLC.
Advantages:
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
TOWN CLERK’S OFFICE Memo
Page 149
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business during the licensing process.
Action Recommended:
Approval to transfer the existing Hotel & Restaurant liquor license to Ember Restaurant
LLC dba Ember Restaurant.
Budget:
The fee paid to the Town of Estes Park for a Hotel & Restaurant liquor license transfer
is $1,319 plus $100 for the temporary permit. The fee covers the administrative costs
related to processing the application, background checks, and business licensing. In
addition, the renewal fee payable to the Town for a Hotel & Restaurant liquor license is
$869 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny Resolution 27-24 for the transfer of a Hotel & Restaurant liquor
license filed by Ember Restaurant LLC dba Ember Restaurant.
Attachments
1. Procedures for Transfer
2. Resolution 27-24
3. Application
4. Individual History
5. Diagram
6. Police Report
Page 150
April 2022
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
MAYOR.
The next order of business will be the public hearing on the application to transfer a Hotel &
Restaurant liquor license held by Mona Lisa LLC dba Dunraven Inn to Ember
Restaurant LLC dba Ember Restaurant located at 1700 Colorado Peaks Drive, Estes
Park, Colorado.
TOWN CLERK.
Will present the application to transfer a Hotel & Restaurant liquor license to Ember
Restaurant LLC dba Ember Restaurant and confirm the following:
The application was filed March 5, 2024 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as a LLC .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
Unscheduled X Completed Pending Confirmation
MAYOR.
Ask the Board of Trustees if there are any questions of any person speaking at any
time during the course of this hearing.
Declare the public hearing closed.
MOTION:
I move that Resolution 27-24 be approved/denied to transfer a Hotel & Restaurant liquor license
held by Mona Lisa LLC dba Dunraven Inn to Ember Restaurant LLC dba Ember Restaurant
located at 1700 Colorado Peaks Drive, Estes Park, Colorado.
Attachment 1
Page 151
Page 152
RESOLUTION 27-24
APPROVING A TRANSFER OF A HOTEL & RESTAURANT LIQUOR LICENSE FROM
MONA LISA LLC DBA DUNRAVEN INN TO EMBER RESTAURANT LLC DBA EMBER
RESTAURANT LOCATED AT 1700 COLORADO PEAKS DRIVE, ESTES PARK, CO
80517
WHEREAS, the Town Board of Trustees acting in their capacity as the Liquor
Licensing Authority for the Town of Estes Park held a public hearing on March 26, 2024
for a Transfer of a Hotel & Restaurant Liquor License, filed by Ember Restaurant LLC
dba Ember Restaurant located at 1700 Colorado Peaks Drive, Estes Park, Colorado; and
WHEREAS, C.R.S. § 44-3-303 and § 44-3-307 and Regulation 304 requires the
licensing authority consider the requirements outlined in said sections for a transfer
application; and
WHEREAS, the Board of Trustees finds the application meets the requirement
outlined in the aforementioned sections of the statutes and liquor regulations for the
granting of this transfer of a liquor license.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves the application for a Transfer of a Hotel & Restaurant Liquor
License, filed by Ember Restaurant LLC dba Ember Restaurant located at 1700
Colorado Peaks Drive, Estes Park, Colorado.
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 2
Page 153
Attachment 3
Page 154
Page 155
Page 156
Page 157
Page 158
Page 159
Page 160
Page 161
Attachment 4
Page 162
Page 163
Page 164
Page 165
Attachment 5
Page 166
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Attachment 6
Page 170
1
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on PLANNING COMMISSION
ACTION ITEM 1.A. RESOLUTION 28-24 COYOTE RUN SUBDIVISION FINAL PLAT,
685 PEAK VIEW DRIVE, CMS PLANNING & DEVELOPMENT, INC., FRANK THEIS,
OWNER/APPLICANT.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT .
Review the staff report.
Review any conditions for approval not in the staff report.
3. APPLICANT.
The applicant makes their presentation.
4. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
Page 171
2
6. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
application.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
Page 172
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Kara Washam, Planner I
Date: March 26, 2024
RE: Resolution 28-24 Coyote Run Subdivision Final Plat, 685 Peak View
Drive, CMS Planning & Development, Inc., Frank Theis, Owner/Applicant
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing to consider an application for a proposed final subdivision plat
to create four (4) lots in the E-1 (Estate) Residential Zoning District, review the
application for compliance with the Estes Park Development Code (EPDC), and
approve, deny, or continue the item.
Present Situation:
The subject property is 7.62 acres in size, described as a portion of Lot 1 of Dannels
Addition to the Town of Estes Park, filed in 1954. It is zoned E-1 (Estate), and contains
one single family residence, constructed in 1965. A previous iteration of this project
proposed development of three (3) ½-acre lots and one (1) 5.82 acre lot that was
contingent upon a request to rezone the property from E-1 to E. That rezoning request
was denied by Town Board on September 26, 2023. Thus, the current application
proposes utilizing the existing E-1 zoning and developing lots that meet the minimum
one-acre lot size. The Preliminary Subdivision Plat was approved by Town Board on
January 23, 2023.
Location and Context:
The subject property is located west of the intersection of Peak View Drive and Devon
Drive, approximately ¼ mile west of South Saint Vrain Avenue (State Highway 7).
Page 173
Vicinity Map
Zoning Map
Page 174
Table 1: Zoning and Land Use Summary
COMPREHENSIVE PLAN ZONING USES
SUBJECT PARCEL Suburban Estate E-1 (Estate) Residential
NORTH Suburban Estate Unincorporated County Residential
SOUTH Suburban Estate E-1 (Estate) Residential
EAST Suburban Estate E-1 (Estate) Residential
WEST Neighborhood Village R (Residential) Residential
Proposal:
The applicant proposes a four-lot subdivision named Coyote Run Subdivision for single-
family residential use. Lots one through three will all be slightly over the one-acre
minimum lot size required by the E-1 zone district. Lot four will be approximately 4.4 acres
and contains one existing single-family residence.
Access to lots one through three will be from Peak View Drive, utilizing a paved shared
driveway located within an access easement that will be privately maintained by the lot
owners. The existing single-family home on lot four will continue to utilize the driveway
from Peak View Drive, east of the proposed new access point.
Project Analysis
Review Criteria:
Per the EPDC, Chapter 3 Review Procedures and Standards, Section 3.9.C.1., General,
"Subdivisions are approved in two stages: first, a preliminary subdivision plat is approved,
and second, a final subdivision plat is approved and recorded." Section 3.2 requires Town
Board final action (approval or denial) as the decision-making body.
Depending upon the project's complexity, this section may be a brief summary of the
standards of review or may involve a more detailed analysis of the criteria based on issues
relevant to any particular project.
A. Lots. The proposed Coyote Run Subdivision is a subdivision of Lot 1, Dannels
Addition. The four-lot subdivision includes three lots, each approximately one acre
in size, and one lot of approximately 4.4-acres in size. All lots meet applicable
minimum zoning standards for the E-1 (Estate) Zoning District.
B. Subdivision Design Standards. No subdivision application shall be approved
unless it complies with all of the following standards and criteria:
1. Relationship to Comprehensive Plan. The subject property is designated as
Suburban Estate in the Estes Forward Comprehensive Plan's Future Land Use
Map. This category "is intended for low to medium density single family
residential development.” The Built Form of this category “typically consists of
medium-sized single-family homes on lots that are at least a quarter-acre in
size… new homes should be appropriately scaled for compatibility with existing
Page 175
neighborhood character.” The proposed subdivision is consistent with the
surrounding area and with the recommendations of the Estes Forward
Comprehensive Plan.
2. Geologic and Wildfire Hazard Areas. There are no Geologic or Wildfire
Hazard areas identified within this subdivision area.
3. Off-Site Utilities and Services.
a. Water. The Town of Estes Park will provide water service to the four
proposed lots. Town Utilities/Water has stated they can provide water
with service lines using existing mains in this area and has "no objection"
to the plat application.
b. Fire Protection. The Estes Valley Fire Protection District has reviewed
this proposal and has no comments.
c. Electric. Power and Communications has no objections to the proposed
subdivision request.
d. Sanitary Sewer. The Upper Thompson Sanitation District (UTSD)
requested technical corrections to the Construction Plans and has no
comment on the Plat.
e. Stormwater Drainage. The Applicant submitted a Preliminary Drainage
Report with the Preliminary Plat that Public Works found to be
acceptable. A Final Drainage Report will be submitted with the required
Grading Permit application.
4. Plans for Remainder Parcel(s).
There are no remainder parcels with this subdivision. Lot four is large enough
to potentially be further subdivided in the future but the applicant has not
indicated any plans to that effect.
5. Orientation of Land Uses.
The proposed four lot subdivision will be for single-family residential use and is
consistent with surrounding uses and density.
6. Improvements.
The code requires all public improvements to either be installed or financially
guaranteed. An Improvement Agreement and the associated improvements will
be secured by letter of credit or cash deposit.
7. Reserved Strips Prohibited.
Not applicable.
C. Compliance With Zoning Requirements.
1. Compliance with Zoning Development Standards. The proposed layout of
lots, driveways, utilities, drainage facilities and other services are designed
consistent with the code requirement that seeks to minimize the land
disturbance, maximize the amount of open space in the development, and
preserve existing trees/vegetation.
2. Limits of Disturbance. Section 10.5.B.2 of the EPDC requires that limits of
disturbance (LOD) be established with the subdivision of land. The proposed
limits of disturbance for each lot coincides with the required building setback
(25 feet from all property lines).
D. Streets. No new public streets are proposed with the subdivision. Traffic generated
by the subdivision does not warrant turn lanes on Peak View Drive. As a collector
street Peak View Drive is required to have a minimum six foot wide bike lane per
Page 176
Development Code Appendix D Section II.B1.c. Public Works has waived this
requirement since a ten foot wide trail will be built, as discussed in Section E below.
Access to lots one through three will be from Peak View Drive, utilizing a shared
drive located within an access easement that will be privately maintained by the lot
owners. A maintenance agreement (Attachment 7) will be recorded to ensure
perpetual maintenance. Planning Commission requested the existing access to
Lot 4 be closed and access taken from the shared drive serving the other three
lots. Planning Commission included the following finding of fact in their
recommendation of approval of the Preliminary Plat:
EPDC Appendix D.3.B.5 states: to the maximum extent feasible the number
of new curb cuts shall be minimized by consolidation, shared driveways, or
other means.
Appendix D – Street Design and Construction Standards – is applied by Public
Works through review of Construction Plans (Attachment 5). The Town Engineer
states Appendix D.3.B.5 is not applicable for Lot 4 in this case as the access is
existing and all new curb cuts (for Lots 1-3) have been consolidated. Therefore,
the Construction Plans as submitted, without closing access to Lot 4, are
acceptable.
E. Sidewalks, Pedestrian Connections and Trails. A 10’ wide concrete trail will is
required in accordance with the Estes Valley Master Trails Plan (see Plan maps
here). The trail adjacent to Lot 1 will be constructed with the subdivision
improvements. The trail adjacent to Lot 4 will be built within two years and
securitized to ensure completion. This is memorialized in an Improvement
Agreement between the Town and developer and allows the Town to draw on the
security to construct the trail if the developer fails to do so within two years.
Sidewalks are not required on the private drive.
F. Open Space Area. The EPDC Section 4.3.D. requires residential subdivisions
containing five or more lots to set aside a percentage of the gross land area for
open areas. The subdivision application proposes four lots and therefore is not
subject to this requirement.
Review Agency Comments:
The final plat application was referred out to all applicable review agencies for comment.
The only outstanding comment is that a street name needs to be provided for the shared
drive, which the applicant and staff will address.
Public Comments:
No public comments have been received at the time of this staff report.
A neighborhood and community meeting regarding the preliminary and final plat was held
in the Estes Park Library, 335 East Elkhorn Avenue on November 13, 2023. There were
approximately twelve residents in attendance. A summary of the meeting provided by the
applicant is enclosed (Attachment 6).
Advantages:
Page 177
This proposal is consistent with the standards of the EPDC, specifically: Section 3.9
“Subdivisions” and Chapter 10 “Subdivision Standards”, with the exception of the trail
requirement outlined above. Approval of the Coyote Run Subdivision Final Plat would
allow the applicant to move forward with development of a four-lot residential subdivision.
This would result in an increase in housing stock for the Estes Valley.
Disadvantages:
None known.
Findings
1.The Final Plat is generally consistent with the goals and policies set forth in the
Estes Forward Comprehensive Plan.
2.The Final Plat complies with applicable standards set forth in the EPDC.
3.Adequate public facilities are currently available to serve the proposed project.
4.The Final Plat has been submitted to all applicable reviewing agency staff for
consideration and comment. No significant issues or concerns were raised by any
review agency.
Action Recommended:
Staff recommends Town Board approve the Coyote Run Final Subdivision Plat according
to the findings of fact.
Finance/Resource Impact:
Little or none.
Level of Public Interest
Moderate.
Sample Motion:
I move that the Town Board of Trustees approve Resolution 28-24.
I move that the Town Board of Trustees deny the application, finding that [state findings
for denial].
I move to continue Resolution 28-24 to the next regularly scheduled meeting, finding that
[state reasons for continuance].
Attachments:
1.Resolution 28-24
2.Application
3.Statement of Intent
4.Plat
5.Draft Construction Plans
6.Neighborhood Meeting Summary
7.Driveway Maintenance Agreement
Page 178
RESOLUTION 28-24
APPROVING THE COYOTE RUN SUBDIVISION FINAL PLAT, TOWN OF ESTES
PARK, COLORADO
WHEREAS, an application for the Coyote Run Subdivision Final Plat was filed by
CMS Planning & Development, Inc. (Owner/Applicant, 685 Peak View Drive); and
WHEREAS, the Coyote Run Subdivision Final Plat proposes subdivision of a 7.62
acre property to create four (4) lots in E-1 (Estate) Residential Zoning District; and
WHEREAS, a public hearing was held before the Estes Park Panning Commission
on December 19, 2023, at the conclusion of which the Planning Commission voted to
recommend approval of the Preliminary Subdivision Plat to the Estes Park Board of
Trustees; and
WHEREAS, a public hearing was held before the Estes Park Board of Trustees on
January 23, 2024, at the conclusion of which the Board of Trustees voted to approve the
Preliminary Subdivision Plat, with the following conditions of approval:
1.The applicant shall provide a ten-foot-wide concrete trail for the length of the
Peak View Drive frontage on lots one and four; and
2.Any outstanding staff and referral agency comments shall be addressed on the
final subdivision plat; and
WHEREAS, the applicant has complied with both Conditions of Approval above;
and;
WHEREAS, a public hearing, preceded by proper public notice, was held by the
Board of Trustees on March 26, 2024 and at said hearing all those who desired to be
heard were heard and their testimony recorded; and
WHEREAS, the Board of Trustees has reviewed and taken administrative notice
of the recommendation of the Planning Commission and the testimony, application,
evidence, documents submitted at the hearing, and the contents of the Community
Development Director’s file; and
WHEREAS, the Board of Trustees finds the applicants have complied with the
applicable requirements of the Estes Park Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Coyote Run Subdivision Final Plat is hereby approved, with the following findings:
Findings
1.The Final Plat is generally consistent with the goals and policies set forth in the
Estes Forward Comprehensive Plan.
2.The Final Plat complies with applicable standards set forth in the EPDC.
3.Adequate public facilities are currently available to serve the proposed project.
4.The Final Plat has been submitted to all applicable reviewing agency staff for
consideration and comment. No significant issues or concerns were raised by any
review agency.
Attachment 1
Page 179
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 180
Attachment 2
Page 181
Page 182
Page 183
__________________________________________________________________________________________________________________
CMS PLANNING & DEVELOPMENT P.O. BOX 416 ESTES PARK, COLORADO 80517 (970) 231-6200
STATEMENT OF INTENT
Final Plat of Coyote Ridge Subdivision in Estes Park, Colorado
CMS Planning & Development, Inc. - Applicant
2/14/24
The subject property is 7.62 acres located at 685 Peak View Drive, on the north side of
Peak View Drive and approximately 1/3 mile west of South Saint Vrain (Highway 7) in
Estes Park, Colorado. It is zoned E-1, which allows 1-acre minimum single-family
residential lots. The Applicant is proposing a Final Plat to subdivide it into three 1-acre+
lots and one 4 ½ acre lot.
Access
All three of the new single-family lots access onto a private, shared driveway in a 45-foot-
wide access easement on Lots 1 and 2. This private driveway provides access onto Peak
View Drive across from Longs Drive. The existing residence on the 4 ½ acre lot will keep
the existing access drive off of Peak View Drive.
Utilities
Underground electric and water mains will be extended to the new subdivision from
locations near the intersection of Devon Drive and Darcy to the subject property. Two new
fire hydrants will be installed on the property, and a fire truck turn around will be
provided on the shared driveway. A sewer main will extended from the west along the
north side of Peak View Drive to the subject property.
Phasing Schedule
The construction of infrastructure for the subdivision will begin immediately upon Final
Plat filing. The first house will begin construction as soon as a permit can be obtained.
Standards For Review
This Final Plat meets all the requirements outlined in the Estes Park Development Code
Chapters 3 and 10.
Attachment 3
Page 184
Attachment 4
Page 185
Attachment 5
Page 186
Page 187
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Page 189
Page 190
Page 191
Page 192
Page 193
Page 194
Page 195
Page 196
Minutes for the Coyote Run Preliminary and Final Plat Neighborhood
Meeting. On 11/13/23, 6 PM at the Estes Park Public Library.
The meeting started right at 6 PM. There were general, but no formal introductions.
A group of 12 or so from the public came up to the front table to review the materials
provided and that were laid out.
Questions/comments included:
Concern about the culvert pipe under Peak View Road at the west end of the property.
Increase in Storm water flow is the concern for the neighbor to the south.
Question about the location of the concrete washout structure, which was answered by
locating it on the erosion control plan.
Question about the distinction of a driveway versus a road.
Easement versus a right of way was discussed.
How many homes can be on the driveway before it is considered a road? 4.
Question about the height of the units. 30 foot height limit with adjustable measurement
for such according to the code.
Question about the HOA. Will there be one? Yes, seems so.
Seems like there should be an H.O.A. to share the maintenance of the driveway.
Kristine P. would like a specific answer to this.
Question, if we are submitting the preliminary and final Plats together. Both are
prepared for that.
Question about the wildlife path across the property. Not shown on drawings.
Question about if the internal driveway would be paved. Yes.
Question about if three or four more lots will be available in the 4.5 acre parcel. Future
question.
It was pointed out that the lots to the north are listed smaller than they actually exist
because they extend across Devon Drive
Attachment 6
Page 197
Draft
ROAD MAINTENANCE & FENCE AGREEMENT
For the shared, private driveway in the Coyote Run Subdivision
located in Estes Park, Larimer County, Colorado
This Agreement is made this ________________ day of ___________________, 20_____.
RECITALS
1. _________________________________, (the parties) are the owners of
__________________________________(the properties).
2.The above-described properties are served by an asphalt-paved private drive (the road).
3.The parties wish to set forth their rights and obligations as to the use and maintenance of
the road, and the construction of fencing on their properties.
CONSIDERATION
Now therefore, in consideration of the mutual covenants contained herein the parties
agree as follows:
TERMS
1.The parties agree that they each shall have equal right to use the road for access to their
respective properties.
2.The parties agree that the road shall be maintained in a condition suitable for passenger
car and small truck vehicular use.
3.The parties agree that they shall share equally all costs of maintaining the paved road,
shoulders, and drainage ditches including but not limited to resurfacing and snow
removal.
4.In the event the road is damaged by building construction or extraordinary use by an
individual lot owner, that lot owner shall be responsible for the repair of such damage to
bring the road back to its condition prior to the damage.
5.Each party shall be responsible for removing, in a timely manner, mud and debris from
the road caused by building construction.
6.For the safety of the residents, no machinery, trailers, vehicles or other property may be
stored or parked upon the Private Road except parking of vehicles for limited periods of
time (not to exceed twelve hours).
7.Any fencing erected on any of the parcels party to this agreement shall be in compliance
with the Town of Estes Park Development Code, and may not enclose an area greater
than four thousand (4,000) square feet.
8.This Agreement may not be terminated or modified without written approval of two-
thirds of the parties.
9.This Agreement shall be a covenant running with the land and shall be binding upon and
inure to the benefit of the parties hereto, their respective heirs, personal representatives,
successors and assigns as the case may be.
Attachment 7
Page 198
____________________________________
Owner, Lot 1
STATE OF _________________)
) SS
COUNTY _________________ )
Acknowledged, subscribed, and sworn to before me this _____ day of _____________, 20 ____,
by:
____________________________________
Notary Public
My Commission Expires: ______________
____________________________________
Owner, Lot 2
____________________________________
Owner, Lot 2
STATE OF _________________)
) SS
COUNTY _________________ )
Acknowledged, subscribed, and sworn to before me this _____ day of _____________, 20 ____,
by:
____________________________________
Notary Public
My Commission Expires: ______________
Page 199
Question about trees on-near the spite strip. Will they be removed? Can be for utilities,
but not planned to be removed unless necessary.
There were a couple of corrections on ownership and spelling for the neighboring lot
information.
The powerline on the communication sheet does not clearly show the proposed
powerline
The owners to the south named Dan and Tami request a special meeting about the
stormwater culvert pipe outlet. That outlet water does not damage their house, but
makes their backyard wet.
There were nine people on the zoom link and 12 that attended the meeting and signed
up on the attendance roster.
The meeting ended at 7 o’clock.
Minutes-notes from Lonnie Sheldon – Van Horn Engineering and Surveying.
Page 200
PUBLIC COMMENT RECEIVED ON 3/26/2024
Board of Trustees Public Comment
Name: Kristine L. Poppitz
Stance on Item: Against
Agenda Item Title: Resolution 28-24.
Public Comment:
I trust that all findings from the Planning Commissioners, and the Planning Commission meetings, will be
addressed regarding the Final Plat for the Coyote Run Subdivision, including, but, not limited to the
termination of the existing driveway for 685 Peak View Drive and a new driveway to be shared, as Planning
Commissioner Shirk brought up and suggested, with the three (3) new proposed roughly one (1) acre lots.
It is per the EPDC and should be adhered to. Thank you.
File Upload
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Page 201
PUBLIC COMMENT RECEIVED ON 3/26/2024
Board of Trustees Public Comment
Name: Christy Jacobs
Stance on Item: Against
Agenda Item Title: Resolution 28-24.
Public Comment:
Please review my Public Comment Letter re: Resolution 28-24 Coyote Run Subdivision Final Plat. There
are some items that needs to be addressed and followed. Also, I want to add one more comment! Please
DO NOT have the Developer remove the Trees/Rock Croppings on NW Corner. These were always to be
saved per the Developer, Frank Theis/CMS P.&D. Thank You! Christy Jacobs 1655 Twin Dr.
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Page 202
Subject: Coyote Run Subdivision Final Plat
Dear Mayor and Trustees,
Just a remind…I am asking you again to respectively require the developer, Frank
Theis/CMS Planning & Development, to follow the Estes Park Planning Commissioners
Findings & Conditions for the Coyote Run Subdivision Preliminary Plat (see below), that
you, the Town Board approved with no waiver or exceptions on January 23, 2024, Town
Board Meeting.
Also Please Note:
Finding #10 Appendix D.3.B.5 below…Mr. Shirk recommended to remove the
exiting driveway at 685 Peak View and relocate and consolidate with the new
proposed shared driveway with the new (Three) 1-acre lots.
Drainage needs to be piped on the 10-ft trail along lot 4 (685 Peak View)
This must meet the current 2023 Larimer County storm water standards.
(per Public Works Engineer, Jennier Waters at December 19, 2023 P. C. Mtg.)
Findings by Planning Commissioners:
6) EPDC Section 4.3.D.3.a applies: Provision shall be made for pedestrian
amenities and linkages in the residential zoning districts, including but not
limited to sidewalks, pathways and bikeways.
7) EPDC Section 4.3.D.3.c states: Sidewalks shall be provided as set forth in
Section 10.5.D - “Sidewalks, Pedestrian Connections and Trails.
8) EPDC Sections 10.5.D.1 states: To the maximum extent feasible, all
subdivision shall provide linkages including trails to parks, schools, adjacent
developments, and existing and proposed hike and bike trails as depicted in
the Estes Valley ling range Hike and Bike Trails Plan (found in the Estes Valley
Comprehensive Plan).
9) EPDC Section 10.5.D.2 states: Sidewalks shall be required as follows,
sidewalks shall be required on one side of and public or private street in all
zoning districts except in the Rezone district.
10) Appendix D.3.B.5 states: To the maximum extent feasible the number of new
curb cuts shall be minimized by consolidation, shared driveways or other
means “and based on that, that’s why I am wanting to see existing
driveway on Peak View relocated and consolidated with the proposed
driveway.
Sincerely & respectfully,
Christy Jacobs – 1655 Twin Dr. Page 203
PUBLIC COMMENT RECEIVED ON 3/26/2024
Board of Trustees Public Comment
Name: Laura Rustin
Stance on Item: Against
Agenda Item Title: Resolution 28-24.
Public Comment:
I am writing about the final plat for the Coyote Run proposed subdivision. It appears that the former
statement(previous submissions) that trees and rock outcroppings on the parcel would be protected has
been removed for the final plat. To my recollection, Mr. Theis never clarified or mentioned that he planned
to remove that protection. Sadly, his method of changing things on his application continues. I would like
him questioned about this.
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PUBLIC COMMENT RECEIVED ON 3/26/2024
Board of Trustees Public Comment
Name: Larry Bader
Stance on Item: Against
Agenda Item Title: General Public Comment.
Public Comment:
Resolution 03-24 Coyote Run Subdivision Preliminary Plat If the board of trustees expects the support of
their stakeholders, they must hold developers responsible for their words and actions and not allow last
minute on the fly changes to final development plans.
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Page 205
PUBLIC COMMENT RECEIVED ON 3/26/2024
Board of Trustees Public Comment
Name: Larry Bader
Stance on Item: Against
Agenda Item Title: Resolution 28-24.
Public Comment:
I oppose the approval of this resolution due to last minute changes and non-credible statements made by
the developer throughout the process.
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Page 206
In opposition of approval of Resolution 03-24 Coyote Run Subdivision
Preliminary Plat
Larry Bader <lbader1@hotmail.com> Tue, Mar 26, 2024 at 11:52 AM
I am against the approval of resolution 03/024 due to last minute changes of the plan and multiple
disingenuous statements made by the applicant.
Yours sincerely,
Larry Bader
Page 207
PUBLIC COMMENT RECEIVED ON 3/26/2024
Board of Trustees Public Comment
Name: Kristine L. Poppitz
Stance on Item: Against
Agenda Item Title: Resolution 28-24.
Public Comment:
I am writing to question the attached handout that clearly shows the Preliminary Plat and the Final Plat
differ in more ways than one. This public comment is to address the simple question: Why are the "trees
and rock otcropping [sic]..." NO longer "...to be protected...?" The Applicant promised the Neighbors and
the concerned Citizens that he would protect the trees and rock outcroppings. As the Applicant chose to
submit his application as he did, thus not held to the EPDC for any Open Space dedications of any kind,
this is very important and details like this should not be overlooked. If you approve the Final Plat, that is
recorded, as is, this evening, I truly believe that many more items have been missed. Thank you.
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1
PROCEDURE FOR LAND USE PUBLIC HEARING
Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development
Plans, Rezoning, Special Review, Subdivision
1. MAYOR.
The next order of business will be the public hearing on PLANNING COMMISSION
ACTION ITEM 1.B. RESOLUTION 29-24 RAVEN SUBDIVISION FINAL PLAT,
HABITAT FOR HUMANITY OF THE ST. VRAIN VALLEY, INC., OWNER/APPLICANT.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, from the
Applicant, public comment, and written comments received on the
application.
Has any Trustee had any ex-parte communications concerning this
application(s) which are not part of the Board packet.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT .
Review the staff report.
Review any conditions for approval not in the staff report.
3. APPLICANT.
The applicant makes their presentation.
4. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
application. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
5. REBUTTAL.
The applicant will be allowed a rebuttal that is limited to or in response to
statements or questions made after their presentation. No new matters may
be submitted.
6. MAYOR.
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2
Ask the Town Clerk whether any communications have been received in regard
to the application which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the
application.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7. SUGGESTED MOTION.
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
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COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Kara Washam, Planner I
Date: March 26, 2024
RE: Resolution 29-24, Raven Subdivision Final Plat, Habitat for Humanity of
the St. Vrain Valley, Inc., Owner/Applicant
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing to consider an application for a proposed subdivision final plat
to create five (5) lots in an R-1 (Single-Family Residential) Zoning District, review the
application for compliance with the Estes Park Development Code (EPDC), and
approve, deny, or continue the item.
Present Situation:
The subject property is 0.82 acres in size, described as Lot 2A, Ward Minor Subdivision,
and is undeveloped. The Minor Subdivision was completed in January 2021 in
anticipation of further subdividing the property, enabling Habitat for Humanity to develop
single-family residences on five proposed lots. The property was rezoned from RM
(Multi-Family Residential) to R-1 (Single-Family Residential) by Ordinance 09-23. The
Preliminary Subdivision Plat was approved by Town Board on January 23, 2023.
Location and Context:
The subject property is located approximately 300 feet east of the corner of the
intersection of Lone Pine Drive and Raven Avenue. It is situated approximately 500 feet
north of Big Thompson Avenue (Highway 34) near an area with a mixture of density and
uses, including residential, accommodations, and commercial. The adjacent residential
properties exhibit a range of density, including RM (Multi-Family) to the north and
directly west of the subject property. The properties to the east of the subject property
are lower density and zoned E (Estate). These lots are approximately 0.47 acres. The
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Rocky Mountain Hotel and Conference Center sits just south of the subject property and
is zoned A (Accommodations).
Zoning
Table 1: Zoning and Land Use Summary
Comprehensive Plan Zone Uses
Subject
Site
Mixed Residential
Neighborhood
R-1 (Single-Family
Residential) Residential
North Mixed Residential
Neighborhood
RM (Multi-Family
Residential) Residential
South Mixed-Use
Centers & Corridors A (Accommodations) Accommodations,
Motel
East Suburban Estate E (Estate) Residential
West Mixed Residential
Neighborhood
RM (Multi-Family
Residential)
Residential,
Condominiums
Vicinity Map
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Proposal:
The Applicant is seeking approval of the Raven Subdivision Final Plat application to
develop the five (5) proposed lots with single-family residences in the R-1 zone. Habitat
for Humanity will construct the dwellings and sell the homes to individual, qualified
buyers. §4.3.D.4 of the Estes Park Development Code (EPDC) states that “All
developments in the R-1 District shall be subject to the attainable housing limitations for
rental and owner occupancy set forth in §11.4.C.” A Deed Restriction or Restrictive
Covenant and Agreement is required for each unit per §11.4.E.4 (Attachment 7) and will
be recorded with the final plat.
Open Space is required per §4.3.D.1 of the EPDC at a minimum of 15% of the total
subdivision. The applicant proposes a deed restriction for the open space on Lot 5, with
the other owners retaining perpetual rights to the use of the open space (Attachment 8)
This will be recorded with the final plat. The open space is approximately 6,288 square
feet and is 17.5% of the total subdivision. The open space will be used for passive
recreation and accessed from the proposed sidewalk along Raven Avenue.
Project Analysis
Review Criteria
Per the EPDC, Chapter 3 Review Procedures and Standards, Section 3.9.C.1.,
General, "Subdivisions are approved in two stages: first, a preliminary subdivision plat is
approved, and second, a final subdivision plat is approved and recorded." Section 3.2
requires Town Board final action (approval or denial) as the decision-making body.
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Depending upon the project's complexity, this section may be a brief summary of the
standards of review or may involve a more detailed analysis of the criteria based on issues
relevant to any particular project.
1. Lots. The proposed Raven Subdivision is a re-subdivision of Lot 2A of Ward Minor
Subdivision, approved and recorded in early 2021. The proposed subdivision
includes four (4) lots approximated 5,975 square feet in size with Lot Five (5)
approximately 11,950 square feet. All lots meet applicable minimum zoning
standards for the R-1 (Single-Family Residential) Zoning District.
2. Comprehensive Plan. The subject property is designated as a Mixed Residential
Neighborhood in the Estes Forward Comprehensive Plan's Future Land Use Map.
This category "accommodates high density mixed residential development that
facilitates the coexistence of townhomes, condos and multi-family complexes."
There is a variety of existing development in this area of Estes Park and a variety
of Future Land Use categories surrounding the subject property. Nearby uses
include Accommodations, multi-family and single-family residential, commercial
and service uses. The proposed subdivision is consistent with the surrounding
area and with the recommendations of the Estes Forward Comprehensive Plan.
3. Grading and Site Disturbance. Limits of Disturbance. The EPDC Section
10.5.B.2 requires that limits of disturbance (LOD) be established with the
subdivision of land. With platted easements, setback requirements, an existing 20-
foot Drainage and Utility Easement and another proposed Drainage Easement, the
building area of each of the five lots is limited to a specific location. This establishes
limits of disturbance for the subdivision.
4. Open Space Area. The EPDC Section 4.3.D. requires residential subdivisions
containing five or more lots to set aside a percentage of the gross land area for
open areas. The proposed subdivision has 17.5% set aside for open space, which
exceeds the minimum requirements.
5. Geologic and Wildfire Hazard Areas. There are no Geologic or Wildlife Hazard
areas within this subdivision area.
6. Water. The Town of Estes Park will provide water service to the five proposed lots.
Town Utilities/Water has stated they can provide water with service lines using
existing mains in this area and has no objection to the plat application.
7. Fire Protection. The Estes Valley Fire Protection District has reviewed this
proposal and has no objection. Specific requirements apply to building permit
applications.
8. Electric. Power & Communications does not have any objection to the proposal.
9. Sanitary Sewer. Sewer service is provided by the Upper Thompson Sanitation
District (UTSD). UTSD has indicated all concerns appear to be met or will be
addressed by the applicant.
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10. Stormwater Drainage. Public Works indicates the Construction Plan is generally
acceptable and shall be reviewed as part of a Grading Permit. Final Drainage
Report has been submitted and will be finalized and approved prior to the
recordation of the final plat.
11. Vegetation Protection. Subdivision design shall retain existing vegetation where
feasible, especially trees that provide natural screening and slope stability. Existing
willows are shown on the Construction Plan (Attachment 5) and will be protected
in areas that do not fall within the Limits of Disturbance (LOD). Disturbed willows
will be transplanted and additional wetland-type plants will be added. Disturbed
areas will also be reseeded with native grasses.
12. Streets and Access. The two western lots, Lots 1 and 2, will have access by a
single point from Raven Avenue, with Lots 3, 4 and 5 having individual access
directly from Raven Avenue. An Access and Driveway Agreement (Attachment 9)
has been submitted for the common drive for Lots 1 and 2 and will be recorded
with the final plat. A five (5) foot concrete sidewalk is proposed and will follow the
existing curb and gutter with a 2% cross-slope.
13. Public Right-Of-Way. There is no dedication of public right-of-way associated with
this subdivision plat.
Reviewing Agency Comments:
The final plat application was referred out for agency comments. Agency comments
were received by Staff, which have been addressed with the revised plat submittal.
There are no outstanding issues.
Public Comments:
A neighborhood and community meeting regarding the project was held on August 7,
2023, at the Presbyterian Community Church. There were seven attendees. The
Applicant discussed the rezone and subdivision projects and answered questions
regarding the zoning, timeframe for the project, property valuation, and landscaping of
the proposed development. Staff has meeting notes and a sign-in sheet on file
(Attachment 6).
In accordance with the notice requirements in the EPDC, notice of the Town Board
meeting was published in the Estes Park Trail-Gazette, on March 8, 2024. Notification
was mailed to all required adjacent property owners March 6, 2024.
Staff has received no public comments at this writing. Any comments submitted will be
posted to: www.estes.org/currentapplications.
Advantages:
This proposal is consistent with the standards of the EPDC, specifically: Section 3.9
“Subdivisions” and Chapter 10 “Subdivision Standards.” Approval of the Raven
Subdivision Final Plat would allow the Applicant to develop the 0.82-acre property into
five (5) single-family lots, resulting in an increase in housing stock for the Estes Valley.
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Disadvantages:
None known.
Findings
1.The Final Plat is generally consistent with the goals and policies set forth in the
Estes Forward Comprehensive Plan.
2.The Final Plat complies with applicable standards set forth in the EPDC.
3.Adequate public facilities are currently available to serve the proposed project.
4.The Final Plat has been submitted to all applicable reviewing agency staff for
consideration and comment. No significant issues or concerns were raised by
any review agency.
Action Recommended:
Staff recommends Town Board approve the Raven Final Subdivision Plat according to
the findings of fact.
Finance/Resource Impact:
Little or none.
Level of Public Interest
Low.
Sample Motion:
I move that the Town Board of Trustees approve Resolution No. XX-24.
I move that the Town Board of Trustees deny Resolution No. XX-24, finding that [state
findings for denial].
I move to continue Resolution 29-24 to the next regularly scheduled meeting, finding
that [state reasons for continuance].
Attachments:
1.Resolution 29-24
2.Application
3.Statement of Intent
4.Plat
5.Draft Construction Plans
6.Neighborhood and Community Meeting Notes
7.Deed Restriction
8.Covenants Regarding Drainage & Open Space
9.Access & Driveway Agreement
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RESOLUTION 29-24
A RESOLUTION APPROVING THE RAVEN SUBDIVISION FINAL PLAT
WHEREAS, an application for the Raven Subdivision Final Plat was filed by
Habitat for Humanity of the St. Vrain Valley, Inc. (Owner/Applicant), Larimer County Tax
Parcel # 2520316902; and
WHEREAS, the subject 0.82-acre property is zoned R-1 (Single-Family
Residential); and
WHEREAS, the Raven Subdivision Final Plat proposes a subdivision to create
five (5) lots in the R-1 (Single-Family Residential) Zoning District; and
WHEREAS, a public hearing was held before the Estes Park Panning
Commission on November 21, 2023, at the conclusion of which the Planning
Commission voted to recommend approval of the Preliminary Subdivision Plat to the
Estes Park Board of Trustees; and
WHEREAS, a public hearing was held before the Estes Park Board of Trustees
on January 23, 2024, at the conclusion of which the Board of Trustees voted to approve
the Preliminary Subdivision Plat, with the following condition of approval:
1.The stormwater exhibit [Conceptual Landscape Plan] presented during the
hearing be included into the stormwater plan; and
WHEREAS, the applicant has complied with the Condition of Approval above;
and
WHEREAS, a public hearing, preceded by proper public notice, was held by the
Board of Trustees on March 26, 2024 and at said hearing all those who desired to be
heard were heard and their testimony recorded; and
WHEREAS, the Board of Trustees has reviewed and taken administrative notice
of the recommendation of the Planning Commission and the testimony, application,
evidence, documents submitted at the hearing, and the contents of the Community
Development Director’s file; and
WHEREAS, the Board of Trustees finds the applicant has complied with the
applicable requirements of the Estes Park Development Code.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Raven Subdivision Final Plat is hereby approved, with the following findings:
Findings
1.The Final Plat is generally consistent with the goals and policies set forth in the
Estes Forward Comprehensive Plan.
2.The Final Plat complies with applicable standards set forth in the Estes Park
Development Code.
3.Adequate public facilities are currently available to serve the proposed project.
4.The Final Plat has been submitted to all applicable reviewing agency staff for
consideration and comment. No significant issues or concerns were raised by
any review agency.
Attachment 1
Page 219
DATED this day of , 2024.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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Attachment 2
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Page 1 of 3
STATEMENT OF INTENT for the RAVEN SUBDIVISION PLAT, located in
Section 20, Township 5 North, Range 72 West of the 6th P.M., Town of Estes Park,
Larimer County, Colorado
January 17, 2024
PROJECT LOCATION:
The proposed development is within the Town of Estes Park, in Section 20, Township 5 North, Range
72 West of the 6th P.M. The property is located adjacent to and south of Raven Avenue which is
north of US 34 and east of Lone Pine Drive. The property addresses will be off of Raven Avenue and
there are no new named roads associated with this subdivision.
OWNER:
The owners of this land and the applicant is Habitat for Humanity with a contact of David Emerson.
Habitat will own the property until their new owner qualification and application process is finalized,
at which time, each lot will be deeded to new owners.
PROJECT DESCRIPTION:
This project is proposed as a 5 lot subdivision. The detention pond (non formal open space) will be
included with the eastern most lot and will be covenant controlled for maintenance. Each of the four
western lots are 5,975 s.f. in size and the eastern most lot contains 11,950 s.f. Density is calculated at
5/0.82 or 6.1 units per acre which meets the R-1 zoning density which was approved with the
Preliminary Plat. While the intent of this subdivision is to generally supply local workforce housing,
no density bonus is requested or applied for. This property is within the limits of the Town currently.
There is a dedicated road (Raven Avenue) for the lot frontage which is currently 80’ wide. No new
right of way dedication is proposed or needed. Utility Easements are proposed to be dedicated for the
proposed utility needs associated with the buildout of this plan (see Raven Subdivision Plat).
As lots are built out under Habitat for Humanity processes, 5 lots with a house each will be sold
individually and used as single family housing for owners and/or residents in the Estes Valley. This
development is intended for local working families, and not vacation rentals. An HOA with
covenants will be formed for the proposed use and care of the common spaces and improvements.
ACCESS:
Currently the 0.82 acre single lot (2A) is vacant and has no internal roads or driveways. A single
access point will serve the two western lots that is shared with the condominiums to the west. The
remaining three eastern lots will access directly from Raven Avenue. The purpose of the shared
driveway on the west is to provide better sight distance given the crest vertical curve that exists on
Raven Avenue. This project will easily provide access for emergency purposes by having individual
or shared driveways close to (or on) Raven Avenue. Given the small size of the development, no
traffic study was required.
OPEN SPACE: While no formal ‘open space’ or outlot is proposed, this project includes relatively
dense vegetation on the south and east sides. These vegetated areas have been reviewed and
determined to not be a wetland. We are proposing impact to the vegetated areas on site due to drainage
and detention pond requirements, however we will attempt to save as much as the willow vegetation as
possible. Two large deciduous tree clusters exist on site. The west of the two is directly under the
proposed home construction on Lot 5, so will be removed. The east cluster of the two is directly over
the sewer line that exists and will also be removed.
Attachment 3
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Page 2 of 3
UTILITIES (see individual utility notes below):
This property is currently adjacent to all the main utilities. The main lines will be tied into via service
lines and no main lines will be extended except for the extension of a fire hydrant to move it out of the
proposed sidewalk.
ELECTRIC: The existing overhead utility lines along the south right of way for Raven Avenue are
proposed to remain overhead. A transformer will be placed on the pole in the center of the frontage
and will drop to two electric pedestals.
WATER: A water main exists in Raven Avenue and one trench is proposed to connect all 5 service
lines. Regarding fire protection, there is an existing hydrant on site (mentioned above) which will be
extended 7’ south to get it out of the proposed sidewalk.
SEWER: There is an existing sewer main downhill from the proposed homesites and all 5 new
houses are proposed to connect via 4” pvc separate service lines that exit the north side of each new
home. Each service line will be able to provide sewer service by gravity flow.
GAS: Gas service has not been worked out at this preliminary stage, however Habitat for Hummanity
is planning on all electric for these lots with possible heat pumps and solar panels. If gas is requested,
there is a gas main in the neighborhood.
PUBLIC FACILITIES: Curb and gutter exist along the south side of Raven Avenue and a new 5’
wide public sidewalk (concrete) is proposed to be added along the subdivision’s frontage. The grade
of the sidewalk will follow and be attached to the curb and gutter. The sidewalk will be within the
public right of way. Ramps and drainage pans will be installed at the drive entries, while non-access
areas, curb height will be returned to existing 6” height.
LANDSCAPING: This project requires landscape buffers along the north (non-arterial) road and the
district buffer along the south (accommodation zoned property). The requirements for buffering of
the streets and districts require significant landscaping. It is planned to utilize the required number of
trees and shrubs, however distribute them throughout the property.
STORMWATER: This property is not close to a river, yet has an outfall flow path onto Raven Ave
that can be used for the outfall from the proposed detention pond. The single detention pond is
designed to capture the developed difference in flow and release at 90% of the historic flow, which
will minimize-lessen stormwater impacts downstream. The pond is designed with an outlet structure
to mimic the 90% historic flow. The location of the release is such that less adverse impacts will
result downstream. There is a significant off-site pass through flow to the south and east that exists as
a grass lined swale along the southern line of the property. This off-site flow is detained upstream in
at least two detention ponds in Ranch Meadow Condominiums. No change to this off-site flow
quantity is proposed and only enhancement of the existing swale and repair of one adjacent culvert is
proposed (see notes on Grading and Drainage sheet). The pond is intentionally kept shallow for
safety and the side slopes are proposed at a 3:1 (H:V) ratio slope so that grasses will take hold,
prevent erosion and look aesthetically pleasing. The pond is also shaped to blend into the natural
environment better than a rectangular pond would.
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Page 3 of 3
ARCHITECTURE: Attached to this proposal are elevations and floorplans for a ‘typical’ house to be
built on this subdivision once it is approved.
SCHEDULE: The houses will not all be constructed at the same time, but a steady construction
process is planned as families apply and are matched up with Habitat for Humanity. The utility
service lines will all be installed to the property line for each lot once approval is given for the
subdivision. There is no formal phasing plan to build the homes.
OTHER:
A Neighborhood meeting was held in early August of 2023 for this subdivision. Minutes
of said meeting are attached with this application.
All setbacks for the R-1 zone are met with the proposed construction within this proposed
subdivision (as shown on the attached mapping).
A wetland study was completed by Van Horn Engineering (in 2009) and that determined that
there are no wetlands present on the property. Dense vegetation exists in the south east of the
property due to the concentration of storm drainage across this section of the property.
The property does not lie within a Mapped Estes Valley hazard area
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Attachment 4
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Attachment 5
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MEETING NOTES
Meeting: Habitat for Humanity Raven Avenue Project
Date/Time: Thursday, August 7, 2023 at 5:00 PM
Location: Fellowship Hall, Presbyterian Community Church – 1700 Brodie Avenue
Note Taker: Daniel Barrett, Van Horn Engineering
Project Overview John Lovell, Director of Development for Habitat for Humanity of the St. Vrain Valley presented.
John introduced professionals assisting with project.
Lonnie Sheldon, Van Horn Engineering
Daniel Barrett, Van Horn Engineering
Lonnie Sheldon, Van Horn Engineering presented the following
•Site Plan – show housing footprints, 5 single family homes, each house has a 1-car garage, homes would
be two stories and have 3 or 4-bedrooms, two western most homes would utilize a shared driveway
•Conceptual Architectural Plans –conceptual but gives you an idea of what this might look like.
•Notice of Application – neighbors will be noticed that application submitted. Sign will be posted to
let you know application has been submitted.
•Reason for rezoning – RM zoning is high density but there is a caveat in the Code that does not allow for
single family homes to be built on these proposed lots. Rezoning to R-1 would solve this problem and
allow Habitat to keep the plans exactly as they are. Lonnie explained that the Town is waiving the
rezoning fee to make this process easier for Habitat. The Town generally supports rezoning. Habitat loses
out on timing because Van Horn did not catch this caveat in the Code.
John Lovell, Habitat for Humanity presented the following
•Habitat for Humanity overview
o Summary of Habitat for Humanity’s vision/mission to provide permanently affordable housing.
o Homeownership model
o Affordable, USDA mortgages 1-3% interest, recycle to build more homes
o Those selected need to have a housing need, ability to repay, and income in the range of 40-80%
of the Area Median Income ($40,000 - $80,000/year income for a family of four)
o Families partner, take classes to prepare for home ownership
o Must be US Citizen or legal resident
o Long term benefits to homeowners in the program – 2021 study completed in Colorado
Greater sense of well-being
Improved health
Safer neighborhood
Increased savings
Improved educational outcomes for family members
o Goal is to make sure Habitat for Humanity homes blend in with other homes in the neighborhood
where they are located. Provided examples of homes built in Estes Park. Have homes in 30
different neighborhoods.
o Homes will become part of Estes Park’s permanently affordable housing stock.
Attachment 6
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November 19, 2020
Page 2 | 2
• Project location –lot on Raven Avenue, across from Olympian Lane which will support 5 single family
homes
Public Comments & Questions
Question:– Has rezoning been approved?
Answer – No, not yet - this meeting is the first step in that process.
Question:– How will this affect property taxes?
Answer – John Lovell explained that property taxes tend to go up and houses appreciate at the same value as the
rest of the neighborhood.
Question:– Will the Town fix that zoning issue that makes it difficult to build high-density single family homes in
RM zoning?
Answer – Lonnie explained that former Planner Randy Hunt wanted to fix it but left before he could.
Question:– From property owner across the street: will the thistle that was pulled from the lot and piled up on site
be removed soon?
Answer – John Lovell explained that it was supposed to be removed and thanked the property owner for bringing
this to his attention. He expressed his intention to get it removed as soon as possible.
Question:– What is the timeline to build?
Answer – That depends on Town support and volunteers. Habitat hopes to build at least 1 house per year. With
more community volunteers, they can build faster. Lonnie explained the utility work needed to get started with one
road cut being necessary. If this plan is approved, they can begin building foundations in the spring (2024).
Question:– Will it be landscaped and will wild, existing vegetation be replanted?
Answer – The Town has landscaping guidelines that will be followed. Lonnie explained that there will be more
public meetings moving forward and that can be discussed if the plan is approved. Lonnie explained reason for
shared access on the west side.
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Habitat for Humanity Homes
Estes Park, Colorado
MASTER DEED RESTRICTION
Compliance with the provisions of this Agreement shall be
deemed to be a requirement of title.
Master Deed Restriction agreement contains limitations and requirements for
initial sale and resale of affordable homes offered by Habitat for Humanity of
the St. Vrain Valley
This Master Deed Restriction Agreement (the Agreement) is in effect ninety (90) years
from the date of this Agreement. Compliance with this Agreement is a condition of sale and a
requirement of title.
This Agreement applies to the real property commonly known as XYZ Street, Estes Park,
Colorado (the Property). The Property is a residential single-family unit and is entered into this xx
day of XXXX_________, 202_, between Habitat for Humanity of the St. Vrain Valley, Grantor
and XXX homeowner as Grantee.
RECITALS
WHEREAS, the Habitat for Humanity of the St. Vrain Valley have provided funds toward
the acquisition and development of the Property; and
WHEREAS, the intent of the Habitat for Humanity of the St. Vrain Valley in providing
these funds is to produce and preserve the affordability of the Property for persons of low and
moderate income; and
WHEREAS, the initial purchaser and subsequent purchasers will benefit from these funds
through limitations on the purchase price of the Property; and
WHEREAS, the availability of the Property for persons of low and moderate income will
be maintained by restricting the initial purchaser and subsequent purchasers to persons qualifying
based on the person’s income; and
WHEREAS, to preserve the affordability of the Property for subsequent purchasers, any
resale shall be subject to limitation on the maximum sale price of the Property; and
Attachment 7
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WHEREAS, the Grantor desires to assign to the Estes Park Housing Authority, its
successor or designee, or any other any third party at Grantor’s election in the future, the right to
enforce compliance with this Master Deed Restriction pursuant to the terms of this Agreement.
In consideration of the benefits received by the parties, the sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Definitions
The following terms shall have the following meanings herein:
A. “Affordability Period” means 90 years from the date of this Agreement.
B. “Agreement” means this Master Deed Restriction and all amendments.
C. “EPHA” means the Estes Park Housing Authority; provided that, should the
Estes Park Housing authority cease to exist or abandon its rights under this
Agreement, the Town of Estes Park, Colorado, a municipal corporation, shall
be assigned all rights of the Estes Park Housing Authority and may in turn
assign all such rights and responsibilities to a third party entity to act on the
Town’s behalf.
D. “Eligible Buyer” means a person who is eligible to buy the Property as more
fully set forth in Section 4 of this Agreement.
E. “First deed of trust” means a deed of trust or mortgage that is recorded senior
to any other deeds of trust or liens against the Property to secure a loan used to
purchase the Property made by an Institutional Lender.
F. “HUD” means the United States Department of Housing and Urban
Development.
G. “Area Median Income” means the Area Median Income (AMI) reported
annually for single persons and households of various sizes by the United States
Department of Housing and Urban Development, or by any successor United
States Government department, agency, or instrumentality, for Larimer County,
Colorado.
H. “Income” is defined as per Section 8 of the U.S. Housing Act of 1937 and shall
mean the anticipated total income for the next twelve-month period to be
received from all sources by each member of the household including spouse,
and children 18 years of age and older, excluding, however, temporary or non-
recurring income (including gifts), income from the employment of children
under age 18, payments for the care of foster children or foster adults, and
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3
amounts received specifically for the reimbursement of medical expenses for a
member of the household.
I. “Institutional Lender” means any bank, savings and loan association, or any
other institutional lender, which is licensed to engage in the business of
providing purchase money mortgage financing for residential real property.
J. “Owner” means the Grantee and any subsequent buyer and/or transferee of the
Property resulting in buyer or transferee having status of being an owner on title
to the Property via public record recorded with the Larimer County Clerk and
Recorder’s Office. Owner does not include a person or entity having an interest
in the Property solely as the security for the performance of an obligation
including, but not limited to, a mortgagee or beneficiary under any deed of trust
or any other form of collateralized agreement.
K. “Primary Residence” means the residence, which the Owner occupies for a
minimum of ten (10) full months out of every calendar year.
L. “Property” means the single family home as more fully described in Section 2,
which is subject to the terms and conditions of this Agreement.
M. “Purchase Price” shall mean the total amount of consideration paid for the
property by the Grantee.
N. “Original Appraised Value” shall mean the Appraised value of the property at
the time of sale. The value shall be reflective of the Property’s value if it were
not subject to a restricted sales price.
O. “Transfer” means any sale, assignment or transfer, voluntary, involuntary or by
operation of law (whether by deed, contract of sale, gift, devise, bequest,
trustee’s sale, deed in lieu of foreclosure, or otherwise) of any interest in the
Property.
2. Property Description
The Property subject to the terms and conditions of this Master Deed Restriction is
more specifically described as follows:
________________________________________________________
3. Agreement Binds the Property
This Agreement shall constitute covenants, conditions and restrictions, which run
with the Property as a burden thereon, for the benefit of, and enforceable by EPHA
and its respective successors and assigns and enforceable by any other third party
Grantor so chooses to manage and otherwise enforce this Agreement. This
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4
Agreement shall bind each Owner and each Owner shall be personally obligated
hereunder for the full and complete performance and observance of all covenants,
conditions and restrictions contained herein, during the Owner’s period of
ownership of the Property. Each and every conveyance of the Property, for all
purposes, shall be deemed to include and incorporate by this reference, the
covenants, covenants and restrictions contained in this Agreement, even without
reference to this Agreement in any documents of conveyance.
Each Owner agrees to comply with the provisions of this Deed Restriction as a
requirement for title.
4. Eligible Buyers
Resale of the Property by the Owner can only be to an eligible buyer defined as
follows:
A. The buyer must be a natural person.
B. The buyer’s income shall not exceed 80% of HUD’s AMI adjusted by
household size, and no more than 40% of the buyer’s debt to income ratio
shall be used for housing costs adjusted by household size.
Eligible buyers, prior to executing a contract to purchase the Property, must have a
current and valid income certification from EPHA stating that the person is an
eligible buyer. Income certification will involve verification of income from all
available sources including but not limited to federal and state income tax records,
loan records and applications, and employer pay records. Falsification or
misrepresentation of information provided by the potential buyer to EPHA will
result in automatic termination of eligibility status. As part of the eligibility
process, the buyer will be required to provide to EPHA their most recent income
tax return, including all attached information supporting such return, and other
information as requested.
C. Property title transfer will only occur after the buyer/s has/have been
certified to meet the HUD income limit according to household size, and
have been pre-qualified by an Institutional Lender for financing to be used
to purchase the property. Asset limits of the buyer/s cannot exceed 20% of
the purchase price. Assets include all cash access such as stocks, savings
and checking accounts, as well as one vehicle per person is permitted, any
additional would be an asset. Retirement accounts are not included in the
asset calculation.
D. The following transfers are exceptions to the buyer eligibility requirement,
provided that the new Owner, other than an estate, shall use the Property as
his or her principal residence:
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5
i. A transfer resulting from the death of an Owner where the
transfer is to the spouse who is also an Owner as defined above.
ii. A transfer to the Owner’s estate following his or her death for the
purpose of administering the estate and distributing the assets
thereof during a limited period of time. Any transfer from an
estate shall be to an eligible buyer.
iii. A transfer resulting from the death of an Owner when the transfer
is to one or more children of the deceased Owner. In this
circumstance, Owner shall provide conclusive documentation that
Owner is using the Property as their principal residence to EPHA
as requested by EPHA. Owner shall provide such documentation
within thirty (30) days of each and any such request, in the form
and manner and including any specific documents as requested by
EPHA.A transfer by an Owner where the spouse of the Owner
becomes the co-owner of the Property, with “co-owner” relating
to the term “Owner” as defined above.
iv. A transfer resulting from a decree of dissolution of the marriage
or legal separation or from a property settlement agreement
incidental to such a decree by which a spouse, who was already an
Owner (co-owner) of the Property prior to such transfer by way of
a joint tenancy or tenancy in common, becomes the sole Owner of
the Property.
F. The requirements set forth in Paragraph 4(B) above may be modified by a
modification agreement entered into among , Habitat for Humanity of the
St. Vrain Valley, and EPHA. In order for said modification to be effective,
said modification must be recorded in the records of the Clerk and Recorder
of Larimer County, Colorado. In no event shall any modification of this
Agreement allow a buyer’s income to exceed 115% of AMI adjusted by
household size.
G. Before the property may be transferred to any Owner, the transferee must
also execute an appreciation limiting promissory note (Exhibit A) secured
by a deed of trust (Exhibit B) in favor of EPHA. The form of these
documents will be provided by EPHA, and may be updated for new Owners
over time as EPHA deems necessary. The purpose of this note and deed of
trust is to ensure EPHA is notified in advance of any future transfer and has
the opportunity to ensure compliance with this Agreement.
5. Re-Sale: Maximum Sales Price
A. In no event shall the Property be sold to an eligible buyer for an amount in
excess of the Owner’s Purchase PriceP plus an amount equal to 25% of the
appreciation in market value of the Property from the date of purchase of the
Property by the Owner to the date of Owner’s execution of the sale contract to
an Eligible Buyer. Appreciation in market value shall be determined by a
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6
market value appraisal from a qualified appraiser. EPHA shall maintain a list
of qualified appraisers. The Owner shall be responsible for obtaining said
appraisal, including all associated expense with such appraisal. The
appreciation in market value shall not include any value for any approved
improvements as set forth in Paragraph 5(C) below.
a. For purposes of this calculation, the Purchase Price has been established
as $xxx,xxx.xx
b. For purposes of this calculation, the Original Appraised Value, against
which any subsequent sale’s appraised unrestricted market value shall
be compared for purposes of calculating appreciation has been
established as $xxx,xxx.xx
B. The maximum sales price shall be increased by seller’s cost of sale, including,
but not limited to, a reasonable commission, customary closing costs and title
insurance premiums. Also, the maximum sales price shall be increased by the
reasonable cost of improvements as set forth in Paragraph 5(C) below.
C. Improvements shall only include those improvements made to the Property,
which prior to construction, have received the written approval of EPHA.
Following completion of approved improvement, the Owner and EPHA shall
execute a document that specifies the reasonable cost of the improvement.
D. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A
REPRESENTATION OR GUARANTEE BY GRANTOR OR THE EPHA
THAT THE OWNER WILL BE ABLE TO OBTAIN THE MAXIMUM SALE
PRICE, AND THE GRANTOR AND EPHA HEREBY DISCLAIM ANY
SUCH REPRESENTATION OR WARRANTY THAT MIGHT OTHERWISE
BE ALLEGED OR ATTRIBUTED.
6. Complete Consideration Stated on Deed
The purchase price for any transfer of the Property shall be stated on the deed
transferring title and shall constitute sufficient consideration by the parties to this
Agreement for each of the terms and restrictive covenants, conditions and
restrictions set forth in this Agreement.
7. Attorney-in-Fact & Assignment of Grantor Rights to Manage and Otherwise
Enforce this Agreement
Both Grantor and EPHA have the right to enforce the covenants, conditions, and
restrictions and all other terms under this Agreement, and Grantor authorizes EPHA
to act as its attorney-in-fact by way of power of attorney. Grantor reserves the right
to assign its rights and role to a different and additional third party in the future,
and shall give Owner notice of such change. As attorney-in-fact, EPHA and any
additional third party designated attorney-in-fact, shall have the right to manage,
oversee and enforce all terms under this Agreement.
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7
A. The Owner agrees that he or she will give immediate written notice to
EPHA upon the first to occur of: (i) the date any notice of foreclosure is
provided to the Owner or any foreclosure is commenced against the
Property under the first deed of trust, whether initiated by way of the Public
Trustee process or judicial foreclosure or (ii) the date when Owner becomes
60 days late in making a payment on the first deed of trust mortgage. EPHA
and Grantor shall have a power of attorney to act on behalf of the Grantee
for the purpose of verifying the mortgage account is in good standing.
8. Partial Subordination of Covenant
A. The provisions of this Agreement shall be subordinate only to the lien of a
first deed of trust to secure a loan to purchase the Property, created by an
Institutional Lender and recorded with the Larimer County Clerk and
Recorder’s Office. This Agreement shall not impair the rights of such
Institutional Lender, or such lender’s assignee or successor in interest, to
exercise its remedies under the first deed of trust in the event of default by
Owner; these remedies include the right to foreclose or exercise a power of
sale or to accept a deed or assignment in lieu of foreclosure.
B. After the issuance of a public trustee’s deed pursuant to a foreclosure of a
first deed of trust or a sale or acceptance of a deed in lieu of foreclosure by
the Institutional Lender, this Agreement shall be forever terminated and
shall have no further effect as to the Property or any transferee thereafter.
9. Re-Financing of the First Deed of Trust
The Owner may only re-finance the first deed of trust so long as the total amount
of such proposed re-financing loan, plus all other liens, does not exceed eighty
percent (80%) of the Maximum Sales Price (Paragraph 5 of this Agreement) in
effect at the time of the refinancing of the Property. Such refinancing must be with
an Institutional Lender and any loan obtained through the refinancing process must
remain a first deed of trust.
Estes Park Housing Authority
363 E Elkhorn Ave Ste 101
P.O. Box 1200
Estes Park, CO 80517
Attn: Executive Director
10. Maintenance of Property
The Owner shall maintain the Property in good, safe, and habitable condition in all
respects, except for normal wear and tear, and in full compliance with all applicable
laws, ordinances, rules and regulations of any governmental authority with
jurisdiction over matters concerning the condition of the Property. The Owner shall
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8
prevent third parties such as contractors, subcontractors and/or suppliers from
recording mechanics’ liens against the Property, and further, if Owner receives
Notice of a Lien from any such contractor, subcontractor and/or supplier, Owner
must immediate furnish such Notice of Lien in writing to EPHA with assurances of
preventing the recordation of such Statement of Lien accompanying the Notice of
Lien to avoid any mechanics’ lien encumbering the Property. Owner agrees to fully
indemnify EPHA, and Grantor from any harm resulting from a recorded mechanics’
lien.
11. Use of Property as Owner’s Primary Residence
The Property Owner shall use the Property as his or her primary residence.
12. Rental Conditions
The Owner may not rent or lease the Property for any period of time except upon
approval of EPHA under conditions of hardship such as disability, illness, forced
relocation, death in family, deployment for military service or other hardship or
unusual circumstance. In such case, the maximum rental period shall be limited to
12 months. The only other allowed exception being if EPHA or other subsequent
designated attorney-in-fact has obtained the unit by default of the unit owner, then
EPHA or other subsequent designated attorney-in-fact may rent the unit while the
property is being marketed for sale or until transfer to a new eligible buyer.
13. Enforcement of This Agreement
The Grantee and each Owner grants and assigns EPHA and Grantor the right to
review and enforce compliance with this Agreement. If there is reasonable cause
to believe that a violation of this Agreement has occurred, EPHA will send a notice
to the Property Owner describing the nature of the violation and allow the Property
Owner fifteen (15) days from the date of such notice to fully cure the stated
violation.
If the violation is not cured within the 15-day period of EPHA’s notice, the Property
Owner shall be considered in violation of this Agreement.
Any legal action to enforce any term of this Agreement or concerning any dispute
related to this Agreement shall be commenced in Larimer County, Colorado.
Colorado law shall govern any dispute under this Agreement. The Owner shall pay
all court costs and reasonable attorneys’ fees incurred by EPHA, Grantor, and their
agents in the enforcement of any of the terms and conditions of this Agreement.
With regard to any violation of the terms and conditions of this Master Deed
Restriction, the following remedies shall not be available to nor pursued by EPHA
other subsequent designated attorney-in-fact.
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9
A. The violation of the terms and conditions of the Master Deed Restriction
shall not void any conveyance of the Property by the Owner.
B. The violation of the terms and conditions of the Master Deed Restriction
shall not terminate the Owner’s interest in the Property nor any secured
party’s interest in the Property.
C. The violation of the terms and conditions of the Master Deed Restriction
shall not accelerate any Promissory Note secured by a first deed of trust nor
shall be a default under the terms and conditions of any first deed of trust
on the Property.
D. A violation of the terms and conditions of the Master Deed Restriction shall
not increase any interest rate of any Promissory Note secured by a first deed
of trust on the Property.
Upon the violation of any of the terms and conditions of this Master Deed
Restriction by Owner, EPHA may seek specific performance and an injunction
against an ineligible Owner’s continued ownership of the Property, and recover all
sums due and any funds advanced by EPHA pursuant to default of Owner as more
fully set forth in Paragraph 8(B) of this Master Deed Restriction, all court costs and
reasonable attorneys’ fees incurred by EPHA in the enforcement of this Agreement,
and all sums received by Owner from any transfer that exceeds the maximum sales
price set forth in Paragraph 5 of this Master Deed Restriction. Furthermore, Owner
acknowledges that a violation of this Agreement shall also constitute a violation of
the Estes Park Municipal Code, including the requirement that the Property be used
as attainable housing, and is punishable as provided therein.
14. Right of First Refusal
Grantor, EPHA and any subsequently designated attorney-in-fact shall each have a
right of first refusal with respect to any transfer of the Property except those
transfers specified in Paragraph 4(D) of this Agreement. This right of first refusal
is as follows:
A. If the Owner receives from any third party a bona fide offer to purchase the
Property, Owner agrees to disclose the terms of such offer to Grantor and
EPHA in writing within five (5) days following receipt of the offer.
B. Grantor and EPHA shall have forty-five (45) days after receiving notice of
the terms of the offer within which to elect to purchase the Property on terms
identical to those offered by the third party. Such an election shall be made
by written notice to Owner. Within ten (10) days thereafter the parties shall
enter into a formal contract of sale in the form approved by the Colorado
Real Estate Commission and expressly including all terms of the original
bona fide offer, except as the parties may mutually agree.
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10
C. If EPHA or other attorney-in-fact fails to give the written notice of its
election to exercise its First Right of Refusal, the Owner may dispose of the
property to the third party under the same terms and conditions of the
original bona fide offer.
15. Miscellaneous
A. This Agreement shall run with the land. It shall bind the land for 90 years
from the date of this Agreement and the benefit hereof shall inure
perpetually to, the Owner, his or her heirs, legal representatives, executors,
successors in interest and assignees, and to EPHA or any subsequent
attorney-in-fact, and their successors, designees, or assignees.
B. The Property is held and hereafter shall be held, conveyed, hypothecated,
encumbered and occupied subject to the covenants, conditions, restrictions
and limitations of this Agreement.
C. All of the herein-stated covenants, conditions, restrictions and limitations
are intended to constitute covenants running with the land.
D. Any buyer or transferee of the Property or of any portion of or interest in
the Property, by acceptance of a deed therefore, or by the signing of a
contract or agreement to purchase the same, shall, by acceptance of such
deed or by the signing of such contract or agreement be deemed to have
consented to and accepted the covenants, conditions, restrictions and
limitations set forth herein.
E. Notices to EPHA shall be given in writing and delivered in person or
mailed, by certified or registered mail, return receipt requested, at the
address set forth below, or such other address designated by the EPHA by
like notice as:
Estes Park Housing Authority
363 E Elkhorn Ave Ste 101
P.O. Box 1200
Estes Park, CO 80517
Attn: Executive Director
F. If any provision of this Agreement shall be held by a court of proper
jurisdiction to be invalid, illegal or unenforceable, the remaining provisions
shall survive and their validity, legality or unenforceability shall not in any
way be affected or impaired thereby.
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11
G. The conditions of this Covenant shall be interpreted so as to avoid
speculation on the Property and to insure to the greatest extent possible that
its purchase price and mortgage payments remain affordable throughout the
affordability period to persons and families of low income.
H. This Covenant is prior and superior to the Owner’s right of a homestead
exemption under Article XVIII, Section I of the Colorado Constitution and
under Part 2, Article 41, Title 38 of the Colorado Revised Statutes or any
successor statutes. The Owner waives his or her homestead rights to the
full extent that they conflict with or impair EPHA’s or other attorney-in-
fact’s rights and remedies under this Covenant.
I. If EPHA or Grantor has reasonable cause to believe that an Owner is
violating any provision of this Agreement, EPHA or Grantor, through its
authorized representative, may immediately inspect the Property between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after
providing the Owner with no less than 24 hours written notice.
J. This Agreement cannot be modified except in writing and only upon the
express written approval of EPHA or any subsequent attorney-in-fact.
K. The EPHA and the Town of Estes Park, Colorado, are intended third-party
beneficiaries of this Agreement and are entitled to enforce its terms.
16. Administrative Fee:
Upon any transfer or sale of the Property, the Owner (Seller) shall pay at closing to
EPHA a sum equal to 0.5% of the purchase price. Said sum is for the purpose of
reimbursing EPHA for the administrative costs of monitoring this Agreement and
matters related thereto. Remit payment and mail to:
Estes Park Housing Authority
363 E Elkhorn Ave Ste 101
P.O. Box 1200
Estes Park, CO 80517
Attn: Executive Director
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
stated above.
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12
Habitat for Humanity of the St. Vrain
Valley, GRANTOR
___________________________________
By: Dave Emerson, Executive Director
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this __ day of _____, 20__ by the
Executive Director, Habitat for Humanity of the St. Vrain Valley, as Grantor.
Witness my hand and official seal.
My commission expires: __________________
____________________________
Notary Public
(seal)
GRANTEE
___________________________________
XXX Homeowner
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this __ day of ___, 202_ by
Witness my hand and official seal.
My commission expires: _____________________
____________________________
Notary Public
(seal)
Page 249
Page 1 of 2
Exhibit A – Appreciation Limiting Promissory Note
APPRECIATION LIMITING PROMISSORY NOTE
, November 2023
FOR VALUE RECEIVED, the undersigned, HOMEOWNER, (herein after referred to as
"Maker"), promises to pay to ESTES PARK HOUSING AUTHORITY (herein after
"Holder"), 363 E Elkhorn, Suite 101, Estes Park, Colorado 80517, or at such other place as
Holder may from time to time direct, upon sale of the property an amount equal to the Gross
Proceeds in excess of the Maximum Resale Price, under the Master Deed Restriction, dated
______ and recorded ________ under Reception No. ________ of the records of the Clerk
and Recorder of Larimer County, Colorado (the “Affordable Housing Restrictive
Covenant”).
This is Note is secured by a second Deed of Trust of even date herewith on real property located
in the County of Larimer, State of Colorado, to wit:
LOT X , xxxx - County of Larimer, State of Colorado.
And generally known as: 123 Raven Avenue, Estes Park, CO 8XXXX
Until released, said Deed of Trust contains additional rights of Holder. Such rights may cause
acceleration of the indebtedness evidenced by this Note. Reference is made to said Deed of
Trust for such additional terms.
In the event of the occurrence of any event of default, as defined below, the entire principal
balance of this Note, shall, at the option of Holder and without notice, become immediately
due and payable. For purposes of this Note, an event of default shall consist of any of the
following:
(a) A voluntary or involuntary sale, assignment or transfer of any ownership interest in
the Property, or failure to occupy the Property, by the Homebuyer, without the written
consent of the Holder.
If the proposed sale or transfer is to a person or household meeting the income guidelines of
this Agreement, the Holder shall not unreasonably withhold its consent.
If, in the opinion of Holder, it becomes necessary to employ counsel to collect or enforce this Note,
to foreclose on the Deed of Trust securing this Note, or otherwise to protect the security for the same,
Maker agrees to pay Holder, in addition to the sums above stated, a reasonable sum for attorney's
THE MAKER’S INITIAL PURCHASE PRICE FOR THE RESIDENTIAL UNIT IS $_3xx,xxx.00_____. THE
ESTIMATED MARKET PRICE FOR THE UNIT AT THE TIME OF MAKER’S INITIAL PURCHASE IS
$__3xx,xxx.xx_________.
(Maker’s Initial(s):______________)
Page 250
Page 2 of 2
Exhibit A – Appreciation Limiting Promissory Note
fees for such collection and costs of collection, enforcement or protection of such security.
Presentment, notice of dishonor, and protest are hereby waived by Maker. Maker
acknowledges that Holder may assign this Note at anytime, and such assignment shall not
affect Maker's rights, duties and obligations hereunder.
IN WITNESS WHEREOF, Maker has signed this Note the day, month and year first written
above.
HOMEOWNER: HOMEOWNER:
______________________ ___________________
HOMEOWNER HOMEOWNER
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me this day of
, 2023 by .
(Name of person acknowledged, i.e. signing agreement)
Witness my hand and official Seal.
Notary Public
My Commission expires .
Page 251
Exhibit B – Deed of Trust
Page 1 of 8
DEED OF TRUST
(Due on Transfer - Strict)
THIS DEED OF TRUST is made on ____________, 2023 between HOMEOWNER, (Borrower),
whose address is 123 Raven Avenue, Estes Park, CO 8xxxx and the Public Trustee of the County
(Trustee) in which the Property (see paragraph 1) is situated; for the benefit of Estes Park Housing
Authority (lender), whose address is xyz.
Borrower and Lender covenant and agree as follows:
1. Property In Trust. Borrower, in consideration of the indebtedness herein recited and the
trust herein created, hereby grants and conveys to Trustee In trust, with power of sale, the following
described property located In the County of Boulder, State of Colorado:
LOT x xxx
County of Larimer, State of Colorado
which has the address of xyz Raven Avenue, Estes Park, CO 8XXXX (Property Address),
together with.all its appurtenances (Property).
2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender
Borrower’s obligations as set forth in the Appreciation Limiting Promissory Note of even date
herewith.
3. Title. Borrower covenants that Borrower owns and has the right to grant an convey the
Property, and warrants title to the same, subject to general real estate taxes for the current year,
easements of record or in existence, and recorded declarations, restrictions, reservations and
covenants, if any, as of this date and that certain deed of trust payable to Habitat for Humanity of the
St. Vrain Valley, Inc. (Senior Lien Holder) dated October ___, 2023 in the principal sum of $xxx,xxx.
4. Payment of Principal. Borrower shall promptly pay when due the principal of the
indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all
of Borrower’s other covenants contained in the Note.
5. Application of Payments. All payments received by Lender under the terms here of shall be
applied by Lender first in accordance with the terms and conditions of the Note.
6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of
Borrower's obligations under any prior deed of trust and any other prior liens. Borrower shall pay
all taxes, assessments and other charges, fines and impositions attributable to the Property which
may have or attain a priority over this Deed of Trust, and leasehold payments or ground rents, if
any, in the manner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not
required to be paid in such manner, by Borrower making payment when due, directly to the payee
thereof. Despite the forgoing, Borrower shall not be required to make payments otherwise required
Page 252
Exhibit B – Deed of Trust
Page 2 of 8
by this paragraph if Borrower, after notice to Lender, shall in good faith contest such obligation by,
or defend enforcement of such obligation in, legal proceedings which operate to prevent the
enforcement of the obligation or forfeiture of the Property or any part thereof, only upon Borrower
in asking all such contested payments and other payments as ordered by the court to the registry of
the court in which such proceedings are filed.
7. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against loss by fire or hazards included within the term
"extended coverage" in an amount at least equal to the lesser of (1) the insurable value of the
Property or (2) an amount sufficient to pay the sums secured by this Deed of Trust as well as
any prior encumbrances on the Property. All of the foregoing shall be known as "Property
Insurance".
The insurance carrier providing the insurance shall be qualified to write Property Insurance in
Colorado and shall be chosen by Borrower subject to Lender's right to reject the chosen carrier
for reasonable cause. All insurance policies and renewals thereof shall include a standard
mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify
Lender at least ten (10) days before cancellation, termination or any material change of
coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have
the right to hold the policies and renewals thereof.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Insurance proceeds shall
be applied to restoration or repair of the Property damaged, provided such restoration or repair
is economically feasible and the security of this Deed of Trust is not thereby impaired. If such
restoration or repair is not economically feasible or if the security of this Deed of Trust would be
impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with
the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails
to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16
(Notice) by Lender to Borrower that the insurance carrier offers to settle a claim for insurance
benefits, Lender is authorized to collect and apply the insurance proceeds, at Lender's option, either
to restoration or repair of the Property or to the sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the
installments referred to in paragraph 4 (Payment of Principal) or change the amount of such
installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration;
Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title and interest of Borrower
in and to any insurance policies and in and to the proceeds thereof resulting from damage to the
Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this
Deed of Trust immediately prior to such sale or acquisition.
All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance
policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with
respect to said insurance carriers, policies and proceeds.
8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair
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Exhibit B – Deed of Trust
Page 3 of 8
and shall not commit waste or permit impairment or deterioration of the Property and shall comply
with the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of
Borrower's obligations under any declarations, covenants, by-laws, rules, or other documents
governing the use, ownership or occupancy of the Property.
9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under
paragraph 6 above, if the Borrower fails to perform the covenants and agreements contained in this
Deed of Trust, or if a default occurs in a prior lien, or if any action or proceeding is commenced
which materially affects Lender’s interest in the Property, then Lender, at Lender's option, with notice
to Borrower if required by law, may make such appearances, disburse such sums and take such action
as is necessary to protect Lenders interest, including, but not limited to:
A. any general or special taxes or ditch or water assessments levied or accruing against
the Property;
B. the premiums on any insurance necessary to protect any improvements comprising a
part of the Property;
C. sums due on any prior lien or encumbrance on the Property;
D. if the Property is a leasehold or is subject to a lease, all sums due under such lease;
E. the reasonable costs and expenses of defending, protecting ,and maintaining the
Property and Lender's interest in the Property, including repair and maintenance
costs and expenses, costs and expenses of protecting and securing the Property,
receiver's fees and expenses, inspection fees, appraisal fees, court costs, attorney fees
and costs, and fees and costs of an attorney in the employment of the Lender or holder
of the certificate of purchase;
F. all other costs and expenses allowable by the evidence of debt or this Deed of Trust;
G. such other costs and expenses which may be authorized by a court of competent
jurisdiction.
Borrower hereby assigns to Lender any right Borrower may have by reason of any prior
encumbrance on the Property or by law or otherwise to cure any default under said prior
encumbrance.
Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become
additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable
upon notice from Lender to borrower requesting payment thereof, and Lender may bring suit to
collect any amounts so disbursed Nothing contained in this paragraph 9 shall require Lender to incur
any expense or take any action hereunder.
10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of
the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying
reasonable cause therefor related to Lender's interest in the Property.
11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property, or part thereof or for conveyance
in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided.
However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are
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Exhibit B – Deed of Trust
Page 4 of 8
subject to the rights of any holder of a prior deed of trust.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this
Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the
Property, the proceeds remaining after taking out any part of the award due any prior lien holder
(net award) shall be divided between Lender and Borrower, in the same ratio as the amount of the
sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity
in the Property immediately prior to the date of taking. Borrower's equity in the Property means the
fair market value of the Property less the amount of sums secured by both this Deed of Trust and all
prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to the
date of taking.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemn
or offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within
30 days after the date such notice is given, Lender is authorized to collect and apply the proceeds, at
Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of
Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the
installments referred to in paragraphs 4 (Payment of Principal) and 23 (Escrow Funds for Taxes and
Insurance) nor change the amount of such installments.
12. Borrower Not Released. Extension of the time for payment or modification of amortization
of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower
shall not operate to release, in any manner, the liability of the original Borrower, nor Borrower's
successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to
commence proceedings against such successor or refuse to extend time for payment or otherwise
modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the
original Borrower nor Borrower's successors in interest.
13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right
or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of
any such right or remedy.
14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct
from and cumulative to all other rights or remedies under the Note and this Deed of Trust or
afforded by law or equity, and may be exercised concurrently, independently or successively.
15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants
and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective
successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 24 (Transfer
of the Property; Assumption). All covenants and agreements of Borrower shall be joint and several.
The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are
not to be used to interpret or define the provisions hereof.
16. Notice. Except for any notice required by law to be given in another manner, (a) any
Page 255
Exhibit B – Deed of Trust
Page 5 of 8
notice to Borrower provided for in this Deed of Trust shall be in writing and shall be given and
be effective upon (1) delivery to Borrower or (2) mailing such notice by first-class U.S. mail,
addressed to Borrower at Borrower's address stated herein or at such other address as Borrower
may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in
writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such
notice by first-class U.S. mail, to Lender's address stated herein or to such other address as
Lender may designate by notice to Borrower as provided herein. Any notice provided for in
this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in
any manner designated herein.
17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the
law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts
with the law, such conflict shall not affect other provisions of this Deed of Trust or the Note which
can be given effect without the conflicting provision, and to this end the provisions of the Deed
of Trust and Note are declared to be severable.
18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24
(Transfer of the Property; Assumption), upon Borrower's breach of any covenant or agreement
of Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, (unless
Borrower has exercised Borrower's rights under paragraph 6 above), at Lender's option, all of
the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration).
To exercise this option, Lender may invoke the power of sale and any other remedies
permitted by law, Lender shall be entitled to collect all reasonable costs and expenses incurred
in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable
attorney's fees.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of such
election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law,
Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time
and place of the sale of the Property, for not less than four weeks in a newspaper of general
circulation in each county in which the Property is situated, and shall mail copies of such notice
of sale to Borrower and other persons as prescribed bylaw. After the lapse of such time as
maybe required by law, Trustee, without demand on Borrower, shall sell the Property at public
auction to the highest bidder for cash at the time and place (which may be on the Property or
any part thereof as permitted by law) in one or more parcels as Trustee may think best and in
such order as Trustee may determine. Lender or Lender's designee may purchase the Property
at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application
of the purchase money.
Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs
and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees
and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if
any, to the person or persons legally entitled thereto.
19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for
nonpayment of any sums due hereunder, the owners of the Property or parties liable here on
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Exhibit B – Deed of Trust
Page 6 of 8
shall be entitled to cure said defaults by paying all delinquent principal and interest payments
due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the
manner provided by law. Upon such payment, this Deed of Trust and the obligations secured
hereby shall remain in full force and effect as though no Acceleration had occurred, and the
foreclosure proceedings shall be discontinued.
20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional
security hereunder, Borrower hereby assigns to Lender the rents of the Property; however,
Borrower shall, prior to Acceleration under paragraph 18 (Acceleration; Foreclosure; Other
Remedies) or abandonment of the Property, have the right to collect and retain such rents as
they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall
be entitled to a receiver for the Property after Acceleration under paragraph 18 (Acceleration;
Foreclosure; Other Remedies), and shall also be so entitled during the time covered by
foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a
matter of right without regard to the solvency or insolvency of Borrower or of the then owner
of the Property, and without regard to the value thereof. Such receiver may be appointed by
any Court of competent jurisdiction upon ex parte application and without notice being hereby
expressly waived.
Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or
abandonment of the Property, Lender, in person, by agent or by judicially-appointed receiver,
shall be entitled to enter upon, take possession of and manage the Property and to collect the
rents of the Property including those past due. All rents collected by Lender or the receiver
shall be applied, first, to payment of the costs of preservation and management of the Property,
second, to payments due upon prior liens, and then to the sums secured by this Deed of Trust.
Lender and the receiver shall be liable to account only for those rents actually received.
21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause
Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall
pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not
produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16
(Notice) from Borrower to Lender, shall obtain, at Lender's expense, and file any lost
instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed
of Trust.
22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other
exemption in the Property under state or federal law presently existing or hereafter enacted.
23. Transfer of the Property; Assumption. The following events shall be referred to herein as a
"Transfer": (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the
Property (or any part thereof or interest therein), (ii) the execution of a contract or agreement creating
a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or
interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion
thereof), in excess of three (3) years, (iv) a sale or transfer of, or the execution of a contract or
agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling
interest or more than fifty percent (50%) of the beneficial interest in the Borrower, (v) the
Page 257
Exhibit B – Deed of Trust
Page 7 of 8
reorganization, liquidation or dissolution of the Borrower.
Not to be included as a Transfer are (i) the creation of a lien or encumbrance subordinate to this Deed
of Trust, (ii) the creation of a purchase money security interest for household appliances, or (iii) a
transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election
of Lender, in the event of each and every transfer:
A. All sums secured by this Deed of Trust shall become immediately due and payable
(Acceleration).
B. If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph
24 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of
Borrower under this Deed of Trust including all sums secured hereby whether or not the
instrument evidencing such conveyance, contract or grant expressly so provides. This
covenant shall run with the Property and remain in full force and effect until said sums are
paid in full. The Lender may without notice to the Borrower deal with Transferee in the same
manner as with the Borrower with reference to said sums including the payment or credit to
Transferee of undisbursed reserve Funds on payment in full of said sums, without in anyway
altering or discharging the Borrower's liability hereunder for the obligations hereby secured.
C. Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to
(b) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of
such events, whether or not Lender had actual or constructive notice of such Transfer, shall
not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped
therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement
showing the status of the loan, whether or not Lender had actual or constructive notice of such
Transfer, shall not be a waiver or estoppel of Lender's said rights.
24. Borrower's Copy. Borrower acknowledges receipt of copy of the Note and this Deed of Trust.
Page 258
Exhibit B – Deed of Trust
Page 8 of 8
HOMEBUYER: HOMEBUYER:
______________________ ___________________
Name Name
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me this day of
, 2024 by .
(Name of person acknowledged, i.e. signing agreement)
Witness my hand and official Seal.
Notary Public
My Commission expires .
Page 259
DECLARATION OF COVENANTS REGARDING DRAINAGE,
AND PRIVATE OPEN SPACE
This Declaration of Covenants Regarding Drainage and Private Open Space (the
Covenants) is made this __ day of _______, 2024 by Habitat for Humanity of the St Vrain
Valley (Declarant).
Declarant recites the following facts as the basis of the Covenants:
1. Declarant is the owner of Lot 2A Minor Subdivision of Lot 1, North Lake
Subdivision, Town of Estes Park, Larimer County, Colorado (Lot 2A).
2. Contemporaneously herewith, Declarant is recording a final plat (the Final Plat) for
the Raven Subdivision on Lot 2A (the Raven Subdivision) that will establish 5 lots in
the Raven Subdivision (Lots 1-5, Lot ___, or a ‘Lot’ as applicable).
3. The Raven Subdivision and Lots 1-5 are subject to an Easement Grant recorded
November 14, 1996 at Reception No. 96081762 in the Larimer Count Records (the
Drainage Easement) which creates a drainage easement 20’ wide on the rear or
southwest side of Lots 1-5 and then traverses Lot 5 in a northwesterly direction to
drainage facilities on the south side of Raven Avenue as shown on the Final Plat. The
Drainage Easement generally encompasses a drainage ditch (the Drainage Ditch).
4.The Final Plat establishes an area on Lot 5 dedicated for drainage, detention and
private open space (the Lot 5 Drainage and Open Space Dedication). The Lot 5
Drainage and Open Space Dedication generally includes the area of the Drainage
Easement and all of Lot 5 to the east of the Drainage Easement.
5. The purpose of the Lot 5 Drainage and Open Space Dedication is to (i) transmit
drainage per the Drainage Easement (ii) to establish a detention area and related
drainage and detention landscaping and facilities and (iii) to establish a private open
space area for the benefit of Lots 1-5, all owners of the Raven Subdivision and guests
and invitees thereof.
6.Declarant wishes to establish covenants and agreements regarding the Lot 5 Drainage
and Open Space Dedication. The Lot 5 Drainage and Open Space Dedication area is
more specifically defined by the legal description attached hereto as Exhibit A.
Attachment 8
Page 260
COVENANTS
1. Binding Effect. The Covenants run with the land, bind and benefit Lot 2A, the Raven
Subdivision and Lots 1-5, the respective owners of Lots 1-5 and their respective heirs,
successors and assigns, including guests and invitees.
2. Maintenance of the Drainage Ditch. Each Owner of a Lot shall maintain the Drainage
Ditch and the area of the Drainage Easement on such Owner’s Lot in a clean, neat and
functional condition and shall insure that the Drainage Ditch at all times can reasonably
convey drainage through and across such Owner(s) lot. This obligation includes, but is
not limited to:
a. Reasonably maintaining vegetation and landscaping in the Drainage Ditch,
including replacement of dead vegetation with similar or comparable vegetation.
b. Maintaining positive drainage slopes so that the Drainage Ditch functions
properly to convey drainage.
c. Removing obstructions.
d. Keeping the Drainage Ditch and area of the Drainage Easement free of trash and
debris and maintaining the Drainage Ditch in a neat, clean and orderly status.
e. Cooperating with other Owners of Lots 1-5 in carrying out these obligations.
3. Maintenance of the Lot 5 Drainage and Open Space Dedication. The Owner of Lot 5
shall maintain the area of the Lot 5 Drainage and Open Space Dedication in a clean, neat
and functional manner and condition and shall insure that the Lot 5 Drainage and Open
Space Dedication at all times can convey drainage through and across Lot 5, can function
as a detention facility, and can provide the open space consistent with paragraph 4. This
obligation includes, but is not limited to:
a. Reasonably maintaining vegetation and landscaping in the Lot 5 Drainage and
Open Space Dedication, including replacement of dead vegetation with similar or
comparable vegetation.
b. Maintaining positive drainage slopes so that the Lot 5 Drainage and Open Space
Dedication functions properly to convey drainage.
c. Removing obstructions, including any obstructions to access by Lots 1-5, the
Owners thereof and their guests and invitees.
Page 261
d. Keeping the Lot 5 Drainage and Open Space Dedication free of trash and debris
and maintaining the Drainage Ditch in a neat, clean and orderly status.
e. Maintaining all pipes, connections and other components connecting to drainage
facilities where the drainage leaves Lot 5 and proceeds under the adjacent street.
f. Maintaining conspicuous and legible signage stating that the Lot 5 Drainage and
Open Space Dedication is for the free and nonexclusive use of Lots 1-5, the
Owners thereof and their guests and invitees.
4. Open Space Use. In addition to drainage and detention functions, the Lot 5 Drainage and
Open Space Dedication constitutes a private open space area for the benefit of Lots 1-5,
the Owners thereof and their guests and invitees (the Private Open Space Use). The
Private Open Space Use is subject to the following:
a. All use is non-exclusive.
b. All use shall be reasonable and not constitute a nuisance.
c. No structures shall be constructed on the Lot 5 Drainage and Open Space
Dedication, other than drainage structures.
d. Nothing herein restricts the rights of Lot 5 to develop and use the portion of Lot 5
outside of the Lot 5 Drainage and Open Space Dedication.
e. All use of the Lot 5 Drainage and Open Space Dedication shall be at the sole risk
of any such users, who waive and release all claims they have or may have for
injury, loss or damage against the Owners of Lot 5 related to the physical
condition of the Lot 5 Drainage and Open Space Dedication to the full extent
provided at law.
f. Any users of the Lot 5 Drainage and Open Space Dedication shall be responsible
for any damage they or their guests or invitees cause to the Lot 5 Drainage and
Open Space Dedication and shall restore and repair any such damage.
g. The Owner of Lot 5 may establish a fence outside of the Lot 5 Drainage and Open
Space Dedication or on the perimeter of Lot 5, provided any such fence shall not
obstruct access of other Owners and their guests and invitees to the Lot 5
Drainage and Open Space Dedication or interfere with the Private Open Space
Use.
Page 262
5. Deed Restriction. No deed to any property within the boundaries of Lot 5 may be passed
to any successive owner of the property without a restriction reported thereon,
referencing this Declaration and specifically noting that the Lot 5 Drainage and Open
Space Dedication is open space available to common use for the benefit of Lots 1-5, the
Owners thereof and their guests and invitees.
6. Major Damage. In the event of significant damage to the Lot 5 Drainage and Open Space
Dedication as a result of unforeseen or unusual occurrences or conditions, such that the
Lot 5 Drainage and Open Space Dedication requires repair or restoration beyond the
scope of the day-to-day maintenance set forth in paragraph 3 above, the Owners of all of
the Lots shall reasonably cooperate to repair and restore the condition of the Lot 5
Drainage and Open Space Dedication and shall equally share the costs thereof. The
foregoing shall not apply to the extent the damage is the result of the actions of an Owner
of a Lot or the guests or invitees thereof, in which case such Owner shall be responsible
for and carry out such repair and restoration.
7. Enforcement. The Covenants can be enforced by Declarant, at its option, for a period of
ten years after recording of these Covenants. During this period Declarant may, at its
option, determine any issues regarding performance and breach, and such determination
shall be conclusive. In addition, any Owner may enforce the Covenants, including
injunctive relief and damages, subject to any determination of the Declarant as provided
above. To the extent an Owner fails to perform obligations hereunder, the Declarant or
any other Owner may perform such obligations, including payment of costs incidental
thereto, and may recover from the defaulting Owner amounts expended, a 20%
administrative fee, interest on all such amounts at 24% per annum, plus all costs and
attorney’s fees of enforcement. Any such paying Owner or Declarant may record a lien
against the Lot of the defaulting Owner for all such amounts, which may be foreclosed on
in accordance with applicable law. In the event of any enforcement action, the defaulting
Owner shall pay all costs and attorney’s fees of enforcement.
8. Insurance. The Owner of Lot 5 shall maintain comprehensive personal injury and
property damage liability insurance with respect to Lot 5, including the Lot 5 Drainage
and Open Space Dedication, with limits of not less than $500,000 per claim and
$1,000,000 in the aggregate, which limits shall be subject to reasonable adjustment from
Page 263
time to time to reflect changes in appropriate comparable policy limits. The Owners of
Lots 1-5 are required to be included as additionally insured parties under any such
policies.
9. Miscellaneous. This Agreement shall be construed under the laws of the State of
Colorado and may not be modified except by a writing signed by the Owners of all of
Lots 1-5 and, for a period of ten years after the recording hereof, signed by the Declarant.
Habitat for Humanity of the St Vrain Valley
By ____________________________
State of Colorado )
) ss.
County of Boulder )
The foregoing instrument was acknowledged before me this ______day of
__________________, 2024, by _____________________________.
Witness my hand and seal.
My commission expires:
_____
Notary Public
Page 264
EXHIBIT A
LEGAL DESCRIPTION OF LOT 5 DRAINAGE AND OPEN SPACE DEDICATION
Page 265
ACCESS AND DRIVEWAY
AGREEMENT
This ACCESS AND DRIVEWAY AGREEMENT (Agreement) is made and
established this __ day of _______, 2024 by Habitat for Humanity of the St. Vrain
Valley, (Declarant).
Declarant recites the following facts as the basis of this Agreement:
1.Declarant is the owner of Lot 2A Minor Subdivision of Lot 1, North Lake
Subdivision, Town of Estes Park, Larimer County, Colorado (Lot 2A).
2.Declarant is in the process of creating a Subdivision of Lot 2A (the
Subdivision) that will establish 5 lots on Lot 2A (Lots ____, Lot ___, or a Lot
as applicable).
3.Lots 1 and 2 will share a common driveway.
4.Declarant wishes to provide for a common road and driveway access (the
Access) and to establish rights and responsibilities with respect thereto.
TERMS
1.Grant of Agreement. Declarant hereby grants, establishes and declares an
access and driveway Agreement on, over and across Lot 1 for the benefit of
Lot 2 for the purposes and on the terms set forth herein (the Agreement). The
location of the Access is set forth in Exhibit A. The Agreement is only for
purposes of access to and from Raven Avenue, Estes Park, CO. The
Agreement also extends to such other or adjacent portions of the Lot 1 or Lot
2 as are reasonably necessary for maintenance, repair and/or replacement of
the driveway and related facilities referenced herein, provide that such access
outside the easement shall not cause damage or unreasonably interfere with
use of Lot 1 or Lot 2 outside the Access.
Attachment 9
Page 266
2. Purpose. The Agreement is solely for (i) access, ingress and egress to and
from Lot 1 and Lot 2 and for the purpose of connecting such Lots to Raven
Ave, Estes Park, CO (ii) normal residential vehicular, pedestrian and other
use, provided that incidental and temporary use of trucks or heavy equipment
is permitted but only to the extent reasonably necessary to construct and
maintain permitted residential structures and facilities on Lot 1 and Lot2 (ii) a
driveway and related facilities for such purposes (the Driveway) and (iii) the
construction, repair, maintenance and/or replacement of the Driveway and
related facilities. Lot 1 or Lot 2 may not otherwise use the Access and shall
not park or store items in the Access. The Agreement includes all use and
occupation reasonably incidental to the foregoing. The Access is non-
exclusive, but there shall be no use or occupation of the Access that
unreasonably reduces, obstructs or interferes with the use of the Driveway.
3. Benefited and Burdened Property. The Agreement burdens Lot 1 and Lot 2 for
the benefit of Lot 1 and Lot 2 and shall run with the land.
4. Term. The Agreement shall be perpetual.
5. Initial Road.
a. Initial Construction. The Declarant shall perform initial construction of the
driveway and related facilities within the Access (the Driveway).
b. Maintenance. Thereafter the Owners of Lots 1 and 2 shall cooperate to
reasonably maintain, repair and replace the Driveway and the Owner(s) of
Lot 1 and Lot 2 shall be each responsible for 50% of the costs of such
maintenance, repair and replacement. The Owner(s) of a Lot may, by
written notice to the Owner(s) of the other Lot, request the commencement
of any such maintenance, repair and/or replacement. Upon such request,
the Owners of the Lots shall reasonably endeavor to agree on, contract for
and complete reasonable repair and maintenance. Each Lot and the
Owners thereof shall be responsible for 50% of such maintenance, repair
and replacement costs. In the absence of the agreement of the Owners of
the Lots (but only after such written request and attempt to agree), any
Owner(s) of one or more of the Lots shall be entitled to proceed separately
Page 267
with the contracting and completion of such reasonable maintenance,
repair and replacement and each other Lot and the Owners thereof shall,
on demand, pay their 50% share of such costs. The foregoing only applies
to maintenance, repair and replacement costs related to the Driveway
within the Access (which is solely in front of Lot 1) and shall not apply to
(i) maintenance, repair and replacement of driveway facilities in front of
Lot 2 and (ii) maintenance of driveway facilities in front of Lot 1 outside
of the Easement.
6. Damage by Owner. In the event any owner causes damage through
unreasonable use or through the use of trucks or heavy equipment for
construction or other purpose, such Owner shall be responsible for the repair
of such damage and to pay the costs incidental thereto.
7. Failure to Pay. In the event the Owners of any Lot fail to pay any amounts due
hereunder, after written notice of default and failure to cure within five days
(i) there shall be a late payment fee equal to 10% of the amount due (ii)
interest shall accrue on the amount owed at 18% per annum (ii) the defaulting
party shall be liable for all costs and attorneys’ fees of enforcement and
collection. Any Owner seeking collection of the amount due may record a lien
against the Lot of the defaulting Owner(s). It shall not be a defense that the
defaulting Owner did not agree to or questions the amount due, as long as the
work done was reasonably necessary for repair, maintenance and/or
replacement.
8. Arbitration. Any dispute hereunder or enforcement shall be resolved by
arbitration before the Judicial Arbiter Group, Denver, CO or, if that entity
does not exist, a similarly constituted arbitration forum. The arbitrator shall
have the authority to award costs and attorneys fees to the prevailing party.
9. Miscellaneous. This Agreement shall bind and benefit the heirs, successors
and assigns of the parties, may not be modified except by a written document
signed by the parties or their successors, and shall be construed under the laws
of the State of Colorado.
Page 268
HABITAT FOR HUMANITY OF THE ST.
VRAIN VALLEY
By ____________________________
David Emerson
State of Colorado )
) ss.
County of Boulder )
The foregoing instrument was acknowledged before me this______ day of
______________________, 2024, by __________________________, on behalf of
Habitat for Humanity of the St Vrain Valley.
Witness my hand and seal.
My commission expires:
_____________________
Notary Public
Page 269
Page 270
PROCEDURE FOR PUBLIC HEARING
Applicable items include: Rate Hearings, Code Adoption, Budget Adoption
1. MAYOR.
The next order of business will be the public hearing on ACTION ITEM 1.
ORDINANCE 05-24 TO REPLACE ORDINANCE 06-22 CONSIDERING THE
INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF
ESTES PARK INTO THE NORTHERN COLORADO WATER CONSERVANCY
DISTRICT.
At this hearing, the Board of Trustees shall consider the information
presented during the public hearing, from the Town staff, public comment,
and written comments received on the item.
Any member of the Board may ask questions at any stage of the public
hearing which may be responded to at that time.
Mayor declares the Public Hearing open.
2. STAFF REPORT .
Review the staff report.
3. PUBLIC COMMENT.
Any person will be given an opportunity to address the Board concerning the
item. All individuals must state their name and address for the record.
Comments from the public are requested to be limited to three minutes per
person.
4. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the item which are not in the Board packet.
Ask the Board of Trustees if there are any further questions concerning the item.
Indicate that all reports, statements, exhibits, and written communications
presented will be accepted as part of the record.
Declare the public hearing closed.
Request Board consider a motion.
7. SUGGESTED MOTION.
Page 271
Suggested motion(s) are set forth in the staff report.
8. DISCUSSION ON THE MOTION.
Discussion by the Board on the motion.
9. VOTE ON THE MOTION.
Vote on the motion or consideration of another action.
*NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required
to do so by State Statute.
Page 272
WATER DIVISION Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Utilities Director Bergsten,
Special Counsel Greg White
Date: March 26, 2024
RE: Ordinance 05-24 to Replace Ordinance 06-22 Considering the Inclusion of
Certain Properties Located within the Town of Estes Park into the
Northern Colorado Water Conservancy District
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective: Compliance with the Northern Colorado Water Conservancy District’s
(District) rules and regulations.
Present Situation:
The Town’s municipal water system uses Colorado Big Thompson (CBT) water which
the District manages. The District’s rules and regulations require all properties receiving
CBT water be included in the District. Certain properties using the Town’s municipal
water system were inadvertently not included in the District. Pursuant to Colorado State
Statute, the Town Board may request that these properties be included into the District
by passing an ordinance consenting to the inclusion of the specific properties.
Proposal:
This ordinance is the first step in the process to include all water customers’ properties
into the District. Staff is working on the second step which will bring the remaining
water customers’ properties, outside the Town’s boundary, into the District.
All costs to include these properties into the District are in the approved Water Division
budget.
Advantages:
Passage of this ordinance will allow the Town to continue providing CBT water to its
water customers in compliance with the District’s requirements. Eventually, all
properties receiving Town water will be included in the District, as required by the
District’s rules and regulations.
Page 273
Disadvantages:
None.
Action Recommended:
Adoption of the ordinance.
Finance/Resource Impact:
Fees required to include these properties in the District are in the approved budgeted,
Project code NCWCD, Account # 503-7000-580.35-54, $71,658.
Level of Public Interest
Low.
Sample Motion:
I move for the adoption of Ordinance 05-24.
Attachments:
1. Ordinance 05-24
2. Exhibit A to Ordinance 05-24
Page 274
ORDINANCE NO. 05-24
AN ORDINANCE CONSENTING TO THE INCLUSION OF CERTAIN PROPERTIES
LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE NORTHERN
COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, the Town of Estes Park is an allottee of the Northern Colorado Water
Conservancy District for use of Colorado Big Thompson water (CBT water) within the
Town’s municipal water system; and
WHEREAS, the rules and regulations of the Northern Colorado Water
Conservancy District require that all properties receiving CBT water be included within
the District; and
WHEREAS, certain properties within the Town of Estes Park have inadvertently
not been included within the boundaries of the Northern Colorado Water Conservancy
District; and
WHEREAS, it is necessary for the Town of Estes Park to consent to the inclusion
of said properties within the Northern Colorado Water Conservancy District pursuant to
the provisions of section 37-45-136(3.6) C.R.S; and
WHEREAS, the Town Board wishes to use the provisions of section 37-45-
136(3.6) C.R.S., to include those properties within the Northern Colorado Water
Conservancy District which were not included at the time of annexation of those
properties to the Town of Estes Park.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Pursuant to the provisions of section 37-45-136(3.6) C.R.S, the Board
of Trustees of the Town of Estes Park hereby consents to the inclusion of the properties
set forth on Exhibit “A” attached hereto and incorporated herein by reference within the
boundaries of the Northern Colorado Water Conservancy District.
Section 2: The Board of Trustees hereby authorizes the Utilities Director or
designee to file the necessary documents for inclusion of the lands as set forth on Exhibit
“A” and pay all fees necessary to accomplish the inclusion of the lands within the Northern
Colorado Water Conservancy District.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado
this day of , 2024.
TOWN OF ESTES PARK, COLORADO
By:
Mayor
ATTEST:
Town Clerk
Attachment 1
Page 275
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the day of , 2024 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the day of
, 2024, all as required by the Statutes of the State of Colorado.
Town Clerk
APPROVED AS TO FORM:
Special Counsel
Page 276
Exhibit A – Research to identify Annexation Ordinance
PARCEL NUMBER LEGAL DESCRIPTION ANNEXATION ORDINANCE
METES AND BOUNDS
3516400091 TR IN NW 1/4 OF SE 1/4 16-5-73, EP, DESC AS BEG AT CEN 1/4 COR, S 0 37' W ALG 1/4 SEC LN 186.5 FT TO SERLY ROW HWY 34; TH ALG ROW S 85 7'
E 401.15 FT TPOB, TH ALG ROW S 85 7' E 15.85 FT, S 62 56' E 93.9 FT, TH LEAV ROW S 0 37' W 238.36 FT, N 60 40' W 114
Ordinance 13-05
3523300018 TR IN SE 1/4 OF SW 1/4 23-5-73 DESC AS BEG AT PT N 0 10' 30" E 486.20 FT FROM S 1/4 COR, TH N 89 49' W 500 FT TPOB; TH N 0 10' 30" E 500 FT,
TH N 89 49' W 130 FT, TH S 0 10' 30" W 500 FT, TH S 89 49' E 130 FT TPOB, ESTES PK (C13N001030E)
Ordinance 16-73
3515300006 PAR IN NE 1/4 OF SE 1/4 16-5-73 & NW 1/4 OF SW 1/4 15-5-73, EP, BEG AT S 1/16 COR COMMON TO SEC 15 & 16 LOC ON NRLY BANK FALL RIV, E
528 FT, N 330 FT, W TO PT ON SRLY ROW HWY 34 WH BEARS N 89 45' E 146.7 FT FROM PT WH BEARS N 1 19' E 330 FT FROM POB, TH
Ordinance 13-05
3526300048 COM AT W 1/4 COR OF 26-5-73, TH S ALG W LN OF NW OF SW S 0 19' 15" W 755.8 FT TPOB, S 89 38' 20" E 99.94 FT, TH ALG W LN LOT 10 S 0 4' 9"
W 211.14 FT TO SW COR LOT 10, N 89 54' 46" W 100.87 FT, N 0 19' 15" E 211.62 FT TPOB (SPLIT FROM 35263 00 020)
Ordinance 09-94
3516400031 TR IN NW 1/4 OF SE 1/4 16-5-73, EP, DESC AS E 100 FT OF W 700 FT OF NW 1/4 OF SE 1/4 LY N OF C/L FALL RIV & S OF S LN HWY Ordinance 13-05
DEER CREST
3523309056 TR 56A, ESTES PARK AMD LOT 2 DEER CREST SUB & TR'S 56 &57 FALL RIVER ADD, EP Ordinance 16-73
3523308057 TR 57, ESTES PARK AMD LOT 2 DEER CREST SUB & TR'S 56 & 57 FALL RIVER ADD, EP Ordinance 16-73
FALL RIVER ADD
3523310001 LOT 1, STREAMSIDE AMD PLAT OF TR 59A FALL RIVER ADD AND LOT 2, OF AMD PLAT LOT 2, DEER CREST SUB, AND TR'S 56 & 57, FALL RIVER ADD
TO THE TOWN OF ESTES PARK;(20050101901) LESS PHASE 1 CONDOS @20060048203; LESS SUPP 1 20110046573; LESS; LESS SUPP 1 AMND;
Ordinance 16-73
MAJESTIC PINES
3536405002 LOT 2, MAJESTIC PINES, ESTES PK Ordinance 350-68
3536405003 LOT 3, MAJESTIC PINES, ESTES PK Ordinance 350-68
3536405004 LOT 4, MAJESTIC PINES, ESTES PK Ordinance 350-68
3536405005 LOT 5, MAJESTIC PINES, ESTES PK Ordinance 350-68
3536405006 LOT 6, MAJESTIC PINES, ESTES PK Ordinance 350-68
3536419007 LOT 7A, AMD PLAT LOT 7, MAJESTIC PINES SUB, EP Ordinance 350-68
3536419008 LOT 7B, AMD PLAT LOT 7, MAJESTIC PINES SUB, EP Ordinance 350-68
3536405009 LOT 9, MAJESTIC PINES, ESTES PK Ordinance 350-68
3536405010 LOT 10, MAJESTIC PINES, ESTES PK Ordinance 350-68
3536405011 LOT 11, MAJESTIC PINES, ESTES PK Ordinance 350-68
3536405012 LOT 12, MAJESTIC PINES, ESTES PK Ordinance 350-68
Attachment 2
Page 277
Exhibit A – Research to identify Annexation Ordinance
PARK RIVER WEST
3525326001 LOT 1, THE PARK RIVER WEST SUBDIVISION, EP (2001098391); LESS 20030077911; 20030106552; 20030125222; 20040012984; 20040083612;
20040099929; 20040117482; 20050022660; 20050100769; LESS 20060017346; 20060073966; AKA CIC (FOR CONDOS)
Ordinance 15-82
REGAL PINES
3536409003 LOT 8B, REGAL PINES RESUB, EP Ordinance 288-65
3536409001 LOT 1, REGAL PINES RESUB, EP Ordinance 288-65
3536409002 LOT 8A, REGAL PINES RESUB, EP Ordinance 288-65
SOLITUDE
2529314005 LOT 5, SOLITUDE SUBDIVISION, EP (2002030494) LESS 20040027677; LESS 20040045029; LESS 20050016175; LESS 20050037947; AKA CIC Ordinance 14-01
2529318001 LOT 3, SOLITUDE SUB (CONDOS) EP (2002030494); LESS 20030077909; LESS 20030096972; LESS 20030133970; LESS 20040011582; LESS
20080002696; AKA CIC
Ordinance 14-01
2529320001 LOT 6, SOLITUDE SUB EP (2002030494); LESS 20030106550; AKA CIC; LESS POR PER 20210027268; Ordinance 14-01
SOLITUDE III
2529317002 UNIT 2, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 1 (20030096972) Ordinance 14-01
2529317004 UNIT 4, LOT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133970) Ordinance 14-01
2529317001 UNIT 1, LOT 3, SOLITUDE III CONDOS, EP (20030077909) Ordinance 14-01
2529317003 UNIT 3, SOLITUDE III CONDOMINIUMS, SUPP MAP NO. 3, EP (20040011582) Ordinance 14-01
SOLITUDE 3
2529317005 UNIT 5, SOLITUDE 3 CONDOS SUPP 4, EPK (20080002696) Ordinance 14-01
SOLITUDE IV
2529315001 UNIT 1, LOT 4, SOLITUDE IV CONDOS, SUPP. NO. 1, EP (20030072507) Ordinance 14-01
2529315003 UNIT 3, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (20030024978) Ordinance 14-01
2529315002 UNIT 2, LOT 4, SOLITUDE IV CONDOMINIUMS, EP (2003-0024978) Ordinance 14-01
2529315004 UNIT 4, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) Ordinance 14-01
2529316001 CIC, (LOT 4) SOLITUDE IV CONDOMINIUMS, EP (2003-0024978) LESS 20030133971 Ordinance 14-01
2529315005 UNIT 5, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 Ordinance 14-01
2529315007 UNIT 7, LOT 4, SOLITUDE IV CONDOMINIUMS, SUPP MAP NO. 2, EP (20030133971) Ordinance 14-01
2529315006 UNIT 6, SOLITUDE IV CONDOS, SUPP MAP NO. 3, EP 20040081157 Ordinance 14-01
SOLITUDE 5
2529324006 UNIT 6, SOLITUDE 5 CONDOS SUPP 4 EP (20050037947) Ordinance 14-01
Page 278
Exhibit A – Research to identify Annexation Ordinance
SOLITUDE V
2529324001 UNIT 1, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) Ordinance 14-01
2529324003 UNIT 3, SOLITUDE V CONDOS, SUPP NO. 2, EP (20040081158) Ordinance 14-01
2529324004 UNIT 4, SOLITUDE V CONDOMINIUMS, (UNIT 4) EP (20040027677) Ordinance 14-01
2529324005 UNIT 5, SOLITUDE V CONDOS SUPP 3 LOT 5 EPK (20050016175) Ordinance 14-01
2529324002 UNIT 2, SOLITUDE V CONDOMINIUMS, SUPP MAP 1 (UNIT 2), EP (20040045029) Ordinance 14-01
SOLITUDE VI
2529319001 UNIT 1, SOLITUDE VI CONDOS, EP (20030106550) Ordinance 14-01
2529319003 UNIT 3, SOLITUDE VI CONDOS, EP (20030106550) Ordinance 14-01
2529329007 Unit 7, SOLITUDE VI CONDOS SUPPLEMENT NO 1, EP (20210027268) Ordinance 14-01
STEELE SUB
3536412003 LOT 3, STEELE SUB, EP Ordinance 288-65
SUMMERSET ON FALL RIVER
3522426001 UNIT 1, EVANS BLDG, SUMMERSET ON FALL RIVER CONDOS, EP Ordinance 16-73
3522427003 UNIT 3, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP Ordinance 16-73
3522427004 UNIT 4, DEER MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 1, EP Ordinance 16-73
3522433010 UNIT 10, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP Ordinance 16-73
3522430007 UNIT 7, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP Ordinance 16-73
3522428005 UNIT 5, CASTLE MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 2, EP Ordinance 16-73
3522430008 UNIT 8, ARROWHEAD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP Ordinance 16-73
3522429006 UNIT 6, BIG HORN MTN BLDG, SUMMERSET ON FALL RIVER CONDOS SUPP 3, EP Ordinance 16-73
3522433011 UNIT 11, EMERALD MTN BLDG, SUMMERSET ON FALL RIVER CONDOS, SUPP 5, EP Ordinance 16-73
3522426002 UNIT 2, EVANS BLDG, SUMMERSET ON FALL RIVER CONDOS, EP Ordinance 16-73
SUNDANCE MOUNTAIN
3516412003 LOT 3, SUNDANCE MOUNTAIN SUBDIVISION (2001046744), EP Ordinance 05-01
Page 279
Page 280
COMMUNITY DEVELOPMENT Report
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Steve Careccia, Community Development Director
Date: March 26, 2024
RE: Development Code Update
Objective:
Upon prior direction from the Board, staff has prepared a Request for Proposals
(Proposal) to secure the services of a consultant to assist with the drafting of a new
Development Code. With the Proposal, staff will be asking the consultant to evaluate the
current Development Code and recommend areas for improvement, especially for those
areas of the Code that are conflicting, inaccurate, outdated, or are an impediment to
responsible and timely development review.
Staff is seeking feedback from the Board on the appropriateness of the code changes
intended for inclusion within the Proposal, as presented herein; whether additional code
changes are needed; and any direction on the intended Development Code rewrite
process itself.
Present Situation:
The current Development Code has been in existence since 2000, with incremental
amendments since that time.
Proposal:
The Town is undertaking a major rewrite of the Development Code, which is anticipated
to take at least 18 months to two years to complete. Given the adoption of the Estes
Forward Comprehensive Plan in 2022 and the age of the current code, a new code is
appropriate at this time. To assist with this effort, the Town will be requesting the services
of a qualified consultant through the issuance of the formal Proposal.
Within the Proposal, the following items are intended to be addressed:
1. Ensure the new code implements the Comprehensive Plan, Downtown Plan,
Housing Needs Assessment, and other applicable plans and studies.
2. Ensure the new code reflects current administrative practices, integrates
efficiencies and modern best practices, while reflecting the Town’s unique setting
and environment.
Page 281
3.The creation of a document written in simple language, free of jargon, along with
improved use of graphics, pictures, and descriptive text, within a search- and user-
friendly format.
4.An evaluation of the Town’s zoning districts and whether new or modified districts
are needed, especially with regards to appropriate residential densities and
provision of diverse housing options. Appropriate densities will be guided by the
Comprehensive Plan, housing needs, and existing Town development patterns
while opportunities to incorporate diverse housing, such as clustered or attached
housing, will be explored.
5.Ensure standards relating to development and site design, especially those
standards related to parking, lighting, signage, and landscaping, are reflective of
modern best practices and technology; context-sensitive and sustainable; and
consistent with applicable County and State standards.
6.The creation of design guidelines to foster enhanced site and building designs
without being too rigid or prescriptive.
7.The creation of an effective community engagement plan designed to ensure a
high-level of meaningful community involvement. The plan will include varied
outreach methods, formats, and technology, with in-person and virtual events,
targeted interviews, and public work sessions, along with the use of surveys and
other print and digital media.
8.Staff from affected departments will participate in a Technical Advisory Committee
and, through this assignment, provide input and serve as subject matter experts.
9. The Planning Commission is anticipated to serve as the Steering Committee for
the code rewrite team given their knowledge of the current Development Code and
familiarity with the Town.
Advantages:
Some advantages of a new Development Code include:
•A more search- and user-friendly document;
•Removal of antiquated requirements and standards;
•Modernization and incorporation of current best practices;
•Increased efficiency in the development review process;
•Incorporation of newer development concepts and standards;
•Improved aesthetics; and,
•Implementation of the Downtown Plan and alignment with the Estes Forward
Comprehensive Plan, among other advantages.
Disadvantages:
No disadvantages are anticipated.
Action Recommended:
Board feedback on this item is desired. However, no formal action is required at this time.
Page 282
Finance/Resource Impact:
Funding to secure the services of a consultant has been approved through the budgetary
adoption process.
Level of Public Interest
Public interest is anticipated to be high. As such, the proposal will establish a robust public
outreach and involvement plan.
Attachments:
There are no attachments.
Page 283
3/27/2024
Community Development
1069 Moan St.
Town Board Meeting
March 26, 2024
Development Code Update
Steve Careccia, Community Development Director
Background & Objective
• Development Code – 2000 with incremental updates
• Comprehensive Plan updated 2022
• Rewrite in order
• Joint study session (Feb 13)
• Prepare a proposal for consideration
• Seek services of qualified consultant
• Several areas to be addressed
• Seeking feedback from Board
1
2
Page 284
3/27/2024
Areas to Address
• Implementation of adopted plans & studies
• Reflection of best practices
• Simplified, user-friendly document
• Appropriate zoning districts
• Review of development standards
• Design guidelines
• Foster community engagement
• Technical Advisory Committee (staff guidance)
• Steering Committee (Planning Commission)
Advantages
User-friendly document
Removal of outdated standards
Modernized & current best practices
Efficient development review process
Updated development concepts and standards
Improved aesthetics
Implementation of adopted plans and policies
3
4
Page 285
3/27/2024
Action Recommended
• No formal action needed at this time
• Seeking Board feedback
• Revise draft proposal
• Finalize & release
5
Page 286
3/27/2024
Bed & Breakfast Inn
Code Amendments
Town Board of Trustees
March 26, 2024
Timeline and How We Got Here.
•April 11, 2023 Study Session Meeting
•Discussed increase interest in bed & breakfast due to VH cap, alignment withstatutory definition, clarify residency requirements
•May 23, 2023 Town Board Meeting
•Ordinance 06-23 was passed placing a moratorium on bed & breakfast licensesfor 6 months – expires November 23, 2023
•Provide time to review and propose regulations
•September 12, 2023 Study Session Meeting
•Board provided guidance and direction on regulations to develop ordinance
•November 14, 2023 Town Board Meeting
•Board requested clarification/review of the drafted code amendmentsregarding Innkeeper residency, food safety & service, kitchen use,grandfathering
•November 28, 2023 Town Board Meeting
•Ordinance 12-23 was passed placing a moratorium on bed & breakfast licensesfor 6 months – expires May 23, 2024.
1
2
Page 287
3/27/2024
Goals/Board Direction from Nov. 14, 2023
Review items addressed by the Board at the meeting:
Clarify owner/on-site manager (innkeeper) residency and availability whenthe property has guests
Meal service (breakfast) and food safety requirements
Differentiate a bed and breakfast from a vacation home
Owner/on-site manager occupied
Room rental vs. rental of entire home
Interaction with guests
Review grandfathering for currently licensed B&B properties
Discussion/development of a third category
Hosted short-term rental. (Staff recommends a separate discussion)
Clearly define and outline regulations for Town B&B properties
Eliminate a potential end run around the residential VH cap
Address the potential development of duplexes (not ADUs) in single family zoningdistricts
Details:
- No true on-site management interacting with guests
- No meals provided
- Fire pits and other solid fuel devices allowed with on-site management
- Confusion with neighbors - Vacation Home vs Bed & Breakfast
Example #1
3
4
Page 288
3/27/2024
Example #2
Details:
- Addition separated from main
house by garage
- No meals provided
- Multiple kitchen facilities
- Fire pits and other solid fuel
devices allowed with on-site
management
- Confusion with neighbors -
Vacation Home vs Bed &
Breakfast
- No true interactions with guests
- Separate living spaces
1stfloor remodel
Main/Existing Home
New kitchen
verified by CBO
Listing Details:
Current B&B Listings
5
6
Page 289
3/27/2024
Municipal Code Revisions
Code AmendmentCurrent Code Language
-To reside on the premises means to reside in the same
dwelling unit as the bed and breakfast inn as defined in the
Estes Park Development Code.
- The innkeeper must actually reside at the bed and breakfast
inn premises at least nine months of the year.
- Up to three individuals may collectively satisfy the obligations
of the innkeeper.
-The innkeeper must be readily accessible in person to guests at
all reasonable times, must regularly interact in person with all
guests, and must be available to guests in person with a 30-
minute response time in case of emergency.
Owner/on-site manager must reside on
the premises when the B&B is operated.
•Dwelling Unit – a building or portion of it designed and used as living and sleeping
quarters for a single household, and that includes exclusive sleeping, kitchen,
eating and sanitary facilities. (EPDC 13.3.95)
•30-Minute Response time – equivalent to vacation home representative/property
manager
Municipal Code Revisions - Continued
Code AmendmentCurrent Code Language
The application for a bed and breakfast inn must include
a drawing, in the form required by the Town Clerk,
displaying the areas of the property (i) utilized by the
guests exclusively, except as needed for cleaning, (ii)
utilized exclusively by the innkeeper, and (iii) utilized by
both as common areas. Operation of the bed and
breakfast inn shall adhere to this representation.
Application requires the number of
total bedrooms and bedrooms
reserved for owner/on-site manager.
The innkeeper must offer all guests of the bed and
breakfast inn a fresh-cooked breakfast prepared on
site for each night of the guest’s occupancy, at no
charge other than the fee for the lodging
accommodations.
B&B may provide meal service.
•Health Department Regulations – B&B to service breakfast only to be
exempt from food safety regulations.
7
8
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3/27/2024
Dept. of Health Food Safety Requirements
Per Colorado Food Code Definitions B&B operations are exempt from the
Retail Food Establishment License if:
Guest rooms do not exceed 6
Only breakfast is offered
Number of guests does not exceed 18
Published advertisements/placards etc. state the “food is prepared in a
kitchen that is not regulated and inspected by the regulatory authority”
If a B&B does not meet the exemption, a full Retail Food Establishment
License would be required, issued by Larimer County Department of Health
and Environment.
Must meet food code requirements for facilities, equipment, and food
handling procedures
Have regular inspections
Pay licensing fees
Municipal Code Revisions - Continued
Code AmendmentCurrent Code Language
Should B&Bs be required to undergo the life
safety inspection?
To be issued a license, a vacation home or bed
and breakfast must first undergo and pass a life
safety inspection or other required building
inspection, as applicable, and receive a
certificate of occupancy that allows for such
use, such as described in section 14.12.025, and
R327 of the International Residential Code.
•If the life safety inspection is required, the International Residential Code
would need to be amended in addition to the Municipal Code.
Current Code Language:
9
10
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3/27/2024
Municipal Code Revisions - Continued
Code AmendmentCurrent Code Language
The new requirements shall apply to all new bed and
breakfast inns. Bed and breakfast inns licensed prior to
February 1, 2023 are grandfathered unless there is a
lapse in licensing and/or use.
Grandfathering not addressed in
current code.
•Grandfathering for all new regulations?
•Require drawing?
•Require life safety inspection?
•Transferability of Grandfathered B&Bs
•Should grandfathered B&Bs be transferable with current regulations?
•Should they have to come into compliance with new regulations?
Current B&B Licenses
INNKEEPER
INTERACTION
MAIN
KITCHEN
ACCESS
SEPARATE
KITCHENETTE
MEAL
PROVIDED
SHARED
SPACE
MULTIPLE
PARTY
RENTAL
SINGLE
PARTY
RENTAL
ROOM
RENTAL
GUEST
SUITE/
HOUSE
GUEST
BEDROOMS
BEDROOMSZONING
13EB&B 1
13RB&B 2
46E-1B&B 3
34E-1B&B 4
33EB&B 5
23E-1B&B 6
13RB&B 7
26EB&B 8
45E-1B&B 9
14RB&B 10
45EB&B 11
23EB&B 12
B&B 6 - Licensed but not currently operating
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Board Discussion/Direction &
Questions
State Definition (for taxation purposes C.R.S. 39-1-102)
An overnight lodging establishment, whether owned by a natural person or
any legal entity, that is a residential dwelling unit or an appurtenance
thereto, in which the innkeeper resides, or that is a building designed but not
necessarily occupied as a single-family residence that is next to, or directly
across the street from, the innkeeper’s residence, and in either circumstance,
in which:
Lodging Accommodations are provided for a fee;
At least one meal per day is provided at no charge other than the fee for the
lodging accommodations; and
There are not more than 13 sleeping rooms available for transient guests.
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2nd floor remodel
Details:
- No true interactions
with guests
- Separate living
spaces
Main/Existing Home
Details:
- True on-site management interacting with guests
- One meal provided
- Shared spaces
- Fire pits and other solid fuel devices allowed with on-site management
- Clearly operates as a Bed & Breakfast
- One kitchen facility
Example #3
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