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