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HomeMy WebLinkAboutPACKET Town Board 2022-04-26The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 26, 2022 7:00 p.m. In Person Meeting – Mayor, Trustees, Staff and Public ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Tuesday, April 26, 2022. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040 ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION - PUBLIC SERVICE RECOGNITION WEEK. AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1.2022 TOWN ORGANIZATIONAL PLAN. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated April 12, 2022 and Town Board Study Session Minutes dated April 12, 2022. 3.Comprehensive Plan Advisory Committee Minutes dated March 10, 2022 (acknowledgment only). 4.Change Order for a Contract Extension for the 2022 Chip & Crack Seal Program with Vance Brothers, Inc. for $147,491 – Budgeted. Prepared 04-15-2022 *Revised Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 5. Change Order for a Contract Extension for the 2022 Overlay & Patching Program with Coulson Excavating Co., Inc. for $614,637 – Budgeted. 6. Change Order and Contract Amendment for Graves Ave Improvements with Sanderson Stewart, $17,510 – Budgeted. 7. Resolution 33-22 Setting the Public Hearing for a New Optional Premise Liquor License Application for Estes Valley Recreation and Park District dba Estes Park Golf Course, 1482 Golf Course Road, Estes Park, Colorado for May 10, 2022. 8. Resolution 34-22 Application for Grant Funding from the Colorado Department of Local Affairs for Broadband Initiative Planning and Implementation. 9. Appointment of Julia Daley to the Estes Park Housing Authority for a five-year term beginning May 1, 2022 and expiring April 30, 2027. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. RESOLUTION 35-22, GOLDEN LEAF MINOR SUBDIVISION, 325 AND 327 JAMES STREET, MARK AND RENAE ADELMANN, OWNER/APPLICANT, VAN HORN ENGINEERING, APPLICANT’S REPRESENTATIVE. Planner Woeber. Applicant requests approval of the Golden Leaf Minor Subdivision, creating three lots on property located in an E-1 (Estate) Zone District. ACKNOWLEDGEMENT OF TRUSTEE BANGS. Town Administrator Machalek. Resolution of Respect will be read and certificate of appreciation to be presented.\ SWEARING-IN CEREMONY FOR NEWLY-ELECTED TRUSTEES. Municipal Judge Thrower. Trustees: Marie Cenac, Kirby Hazelton and Scott Webermeier ACTION ITEMS: 1. APPOINT MAYOR PRO TEM. Mayor Koenig. To nominate and select a Mayor Pro Tem to serve as Mayor as needed from April 2022 to April 2024. 2. TOWN BOARD POLICY 101 - BOARD ASSIGNMENTS. Mayor Koenig. To update appointments to all boards, commissions and liaison positions as outlined in the policy. 3. STAFF APPOINTMENTS. Town Clerk Williamson. To appoint Town Officers as outlined in the Municipal Code: • Town Clerk • Town Treasurer/Town Clerk Pro Tem • Town Attorney • Municipal Judge • Assistant Municipal Judge • Town Administrator 15-MINUTE RECESS RECEPTION FOR TRUSTEE BANGS IN ATRIUM NEW SLATE – BOARD OF TRUSTEES Page 2 4. ORDINANCE 04-22 AMENDING SECTION 2.24.030 OF THE ESTES PARK MUNICIPAL CODE ON TOWN OFFICER COMPENSATION AND RENEWING THE AGREEMENT WITH THE MUNICIPAL JUDGE. Town Clerk Williamson and Town Attorney Kramer. ADJOURN. Page 3       Page 4 Town Administrator’s Office Memo To: Honorable Mayor Koenig Board of Trustees From: Town Administrator Machalek Date: April 26, 2022 RE: Town Organizational Plan Board Policy 3.13 requires that the Town Administrator to present a current organizational chart of the Town to the Town Board at the first regular meeting following the certification of the results of each biennial election. The organizational chart must be in graphical format and include detail through the division level. Policy 3.13 states: “With respect to internal organizational structure of the Town, the Town Administrator will maintain a current organizational plan (organizational chart) of the Town, in a graphical format including through the division level. The Town Administrator will update the plan annually. The current plan shall be included in the Comprehensive Annual Financial Report each year and presented to the Board of Trustees at the first regular meeting following the certification of the results of each biennial election.” Pursuant to this requirement, the current organizational chart is attached. The chart is the responsibility of the Town Administrator and is presented to the Town Board for information purposes. No action is required by the Town Board. Travis Machalek Town Administrator Page 5 Organizational Plan April 2022 CITIZENS MAYOR AND TRUSTEES Town Attorney Town Prosecutor Town Administrator Assistant Town Administrator Information Technology Museum Risk Management Community Development Planning Building Events and Visitor Services Events Complex Special Events Visitor Services Finance Accounting Payroll Budget Utility Billing Human Resources Benefits Administration Police Patrol Dispatch Investigations Restorative Justice Code Compliance Public Information Public Works Fleet Facilities Engineering Parks Streets Parking and Transit Town Clerk Business and Liquor Licensing Elections Court Clerk Utilities Power and Communications Water Municipal Judge 2022 Organizational Plan Attachment 1 Page 6 Town of Estes Park, Larimer County, Colorado, April 12, 2022 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held Virtually in said Town of Estes Park on the 12th day of April, 2022. Present: Wendy Koenig, Mayor Patrick Martchink, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Barbara MacAlpine Cindy Younglund Scott Webermeier Also Present: Travis Machalek, Town Administrator, Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None. Mayor Koenig called the regular meeting to order at 5:15 p.m. REQUEST TO ENTER EXECUTIVE SESSION: It was moved and seconded (Younglund/MacAlpine) to enter into executive session to discuss a personnel matter - Section 24-6-402(4)(f) C.R.S., and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees - regarding Town Attorney and Municipal Judge Annual Evaluation, and it passed unanimously. The Board entered into executive session at 5:20 p.m. and concluded the executive session at 6:28 p.m. Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION – VOLUNTEER APPRECIATION MONTH. Mayor Koenig presented a proclamation recognizing the dedication of volunteers of the Town of Estes Park. AGENDA APPROVAL. It was moved and seconded (Martchink/Webermeier) to approve the Agenda as presented, and it passed unanimously. PUBLIC COMMENTS. John Meissner/Town citizen made a point of clarification regarding the attendance of Commissioner Shadduck-McNally previous Estes Park Community Conversations and stated advertisement in the local newspapers might increase attendance. He also spoke regarding the Isabella Bird documentary filming project and issues obtaining filming locations, interviewees for the documentary, and restrictions of Rocky Mountain National Park staff being filmed. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: Excitement in the proposed Family Advisory Board appointments and the continuation of the advisory board. Congratulated Trustee Cenac, Trustee Elect Nelson, and Trustee Webermeier on their recent elections to the Town Board and thanked all candidates for running. Visit Estes Park (VEP) received a grant to place an informational kiosk at the Visitor’s Center and the 2021 VEP Annual report has been completed. Construction has begun on the Larimer County Behavioral Health Crisis Services Facility. The Platte River Power Authority has DR A F T Page 7 Board of Trustees – April 12, 2022 – Page 2 issued a list of “100 things you can do for renewable energy” as part of their commitment to have a 100% noncarbon energy mix by 2030. The Estes Park Board of Adjustment met April 5, 2022 and heard two variance requests. The Rooftop Rodeo would be held July 6- 11, 2022 and would be streamed on The Cowboy Channel. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek presented his policy governance report for policies 3.3 and 3.7 and reported full compliance. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated March 22, 2022. 3. Transportation Advisory Board Minutes dated February 16, 2022 (acknowledgment only). 4. Parks Advisory Board Minutes dated February 17, 2022 (acknowledgment only). 5. Estes Park Planning Commission Minutes dated February 15, 2022 (acknowledgment only). 6. Resolution 28-22 Intergovernmental Agreement for Fiscal Year 2022 American Rescue Plan Funding to Support Estes Transit Administration and Operating Expenses with CDOT, PO 491002884, $51,481 – Budgeted. 7. Resolution 29-22 Intergovernmental Agreement for Fiscal Year Certifications and Assurances as required for Federal Transit Administration Funding for Public Transportation with CDOT. 8. Resolution 30-22 Approving the USDA Loan Resolution for the Prospect Mountain Water Distribution Project. 9. Ordinance 03-22 Amendments to Chapter 17.66 of the Estes Park Municipal Code Regarding Signs. Request to continue to May 10, 2022. 10. Appointments to the Family Advisory Board: • Jessica Moffett, 1-year term expiring April 30, 2023 • Debra Avezzano and Nicole White, 2-year term expiring April 30, 2024 • Deanna Ferrell, Rut Miller, and Susan Yowell, 3-year term expiring April 30, 2025 11. Acceptance of Town Administrator Policy Governance Monitoring Report. It was moved and seconded (Webermeier/Bangs) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1. RESOLUTION 31-22 SUPPLEMENTAL BUDGET APPROPRIATIONS #1 TO THE 2022 BUDGET. Director Hudson presented Resolution 31-22 to approve budget appropriations including uncompleted 2021 purchase orders to complete the acquisition of goods, services ordered in 2021 but not received by the end of the year, roll-over uncompleted projects underway but not completed in 2021, and additional items not included in the original 2022 budget. Manager Solesbee clarified the transportation grant funding roll-over must be used in 2022 and staff intends to use it for reinstatement of the YMCA brown transit route. It was moved and seconded (Webermeier/Bangs) to approve Resolution 31-22, and it passed unanimously. RESOLUTION 32-22 AMENDING RESOLUTION 81-21 AND APPROVING PROPOSED UPDATES TO PUBLIC WORKS POLICY 842 – PARKING PERMITS. DR A F T Page 8 Board of Trustees – April 12, 2022 – Page 3 Manager Solesbee presented Resolution 32-22 to amend Resolution 81-21 and update Policy 842 – Parking Permits. Amendments to Resolution 81-21 consisted of reduced daily hours of paid parking to end at 5 p.m. and adding the volunteer and temporary guest permit types. Changes to Policy 842 consisted of eligibility requirements for the new permit types, minor adjustments to two existing permit types, and edits to the General Rules section. Manager Solesbee highlighted cooperation with local entities, the stakeholder working group, and outreach to downtown businesses. The Board discussed community outreach, parking lot capacity of the 9-10 a.m. hour compared to the 5-6 p.m. hour, and the Study Session discussion on April 12, 2022 which provided further information regarding the presented changes. Town Attorney Kramer clarified a motion to approve Resolution 32-22 would approve both the resolution and policy. Ann Finley/Town citizen spoke regarding her involvement on downtown parking, citizen support of the paid parking program, and the efforts of staff and the Transportation Advisory Board to provide parking options for the Town. John Meissner/Town citizen spoke regarding gas prices, encouraged maintaining free parking at the parking garage, and public outreach. It was moved and seconded (Younglund/Bangs) to approve Resolution 32-22, and it passed unanimously. 2. REVISIONS TO POLICY 225 – CHILDCARE FUNDING GUIDELINES. Assistant Town Administrator Damweber presented revised Policy 225 – Childcare Funding Guidelines. The Town Board reviewed the policy on February 8, 2022 and March 1, 2022, and staff has incorporated discussed revisions on the Town’s role, creation of a reserve fund for expenditures, and an explanation of funding uses. The Board discussed clarifications of grant repayment should a receiving entity no longer provide childcare services within 24 months, and staff identified disadvantages of the policy. Laurie Dale-Marshall/Town citizen thanked the Board for approving the new FAB members and spoke regarding the benefit of this policy and funding reserve for families and the broadened opportunities which would come from the policy. It was moved and seconded (Bangs/Younglund) to approve Policy 225- Childcare Funding Guidelines, and it passed unanimously. REPORTS AND DISCUSSION ITEMS: 1. MUSEUM’S 2021 ANNUAL REPORT. Director Fortini provided the Museum’s 2021 Annual Report and highlighted the 2021 strategic initiatives of the museum which were met and not met, museum attendance, 2021 collaborations, outside funding sources, artifact updates, volunteer usage, 2021 oral history interview highlights, and 2022 strategic initiatives. Whereupon Mayor Koenig adjourned the meeting at 8:20 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 9 Town of Estes Park, Larimer County, Colorado, April 12, 2022 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 said Town of Estes Park on the 12th day of April, 2022. Board: Mayor Koenig, Trustees Bangs, Cenac, MacAlpine, Martchink, Webermeier and Younglund Attending: All Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Attorney Kramer, Director/Town Clerk Williamson Absent: None Mayor Koenig called the meeting to order at 4:00 p.m. 2022 STREET PAID PARKING PROGRAM UPDATE. Manager Solesbee provided a review of the 2021 paid parking season and areas of improvement for the 2022 season: minimal changes for 2022 with the same hours, dates and rates with no expansion of paid parking; improve payment experience with improved signage, additional stations and free Wi-fi; no price increase for permits, new permits and improved local pass; increase seasonal staffing; improve communication with partner agencies, simplify messaging, and coordination with businesses; and continue to work with community organizations to improve the parking experience. New permits would include a cost reduction for employee convenience permits based on a tiered approach, the addition of a volunteer permit, temporary guest permit, special events permit, and commercial overnight permit. Staff recommends a reduction in operation from 10 am - 6 pm to 10 am - 5 pm due to a reduction in revenue with an impact of encouraging evening usage. Staff would actively continue to work on how parking revenues will be spent, improve program communication and education, operational changes, exploring public-private partnership opportunities such as lot management and signage improvements, and after dark employee transportation options. REMOTE OR IN-PERSON FOR WEEKLY MAYOR MEETINGS. Board discussed the current option for Board members to call into the weekly meeting rather than meet in person, and after discussion the Board recommended the practice continue with the hybrid option. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Trustee Webermeier questioned whether Visit Estes Park should be the entity taking the lead on addressing HB1117 and the potential for bringing forward a ballot question to increase the tax rate to the November Coordinated Election. He recommended the Town be involved as the increased funding would directly impact workforce housing and childcare in Town. He further stated the Town has the resources to address the issue. Trustee Cenac requested a discussion at a future meeting on re-establishing Trustee Talks and possibly using a different format. She suggested an agenda may attract members of the public. Mayor Pro Tem Martchink requested staff continue to explore all options for housing initiatives. He also commented on the need for the Town to be heavily involved in the implementation of HB1117 and ensure there are no roadblocks from the Town in adding the item to the November ballot. FUTURE STUDYSESSION AGENDA ITEMS. DR A F T Page 10 Town Board Study Session – April 12, 2022– Page 2 The May 24, 2022 study session would include a review of Policy 671 Outside Entity Funding and a discussion on Trustee Talks and Mayor meetings. There being no further business, Mayor Koenig adjourned the meeting at 5:00 p.m. Jackie Williamson, Town Clerk DR A F T Page 11       Page 12 Town of Estes Park, Larimer County, Colorado, March 10, 2022 Minutes of a Joint meeting of the Comprehensive Plan Advisory Committee of the Town of Estes Park, and the Estes Valley Planning Advisory Commission, Larimer County, Colorado. Meeting held via ZOOM in said Town of Estes Park on March 10, 2022. Committee: Chair Matthew Heiser, Vice-Chair Bob Leavitt, Members David Bangs, Charles Cooper, Eric Blackhurst, Kirby Nelson- Hazelton, John Schnipkoweit, Frank Theis, Karen Thompson, Rose Truman, David Wolf, David Shirk, Matt Comstock EVPAC Committee: Dave Converse, Drew Webb, Olivia Harper, Rex Poggenpohl, Mike Kennedy Also Attending: Community Development Director Jessica Garner, Larimer County Community Development Director Lesli Ellis, Trustee Barbara MacAlpine, Planning Technician LauraJane Baur, Recording Secretary Karin Swanlund, Absent: Shirk, Comstock Chair Heiser called the meeting to order at 9:00 a.m. APPROVAL OF AGENDA: The motion passed with a visual thumbs-up vote. PUBLIC COMMENT. None CONSENT AGENDA: Approval of Minutes from February 24, 2022. The motion passed with a visual thumbs-up vote. DISCUSSION: (for full comments, view the meeting recording) Director Garner continued the conversation on what questions should be included in Community Choices and Priorities, including the topics of Economy, Infrastructure & Transportation and Health & Social. Reliance and coordination with other stakeholders (Economic Development Corporation, Local Marketing District, Fire Department, Sewer District, RMNP, etc.) is necessary. The Town is not expected to take sole responsibility for all choices and priorities. OTHER Community conversations will be held in April and May. More information will be shared as it becomes known. Should the Committee meet in person? A Doodle poll will be sent out with virtual, in- person or hybrid options. There being no further business, Chair Heiser adjourned the meeting at 11:05 a.m. Karin Swanlund, Recording Secretary Page 13       Page 14 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Ryan Barr, EI, Pavement Manager Greg Muhonen, PE, Public Works Director Date: April 26, 2022 RE: Change Order for a Contract Extension for the 2022 Chip & Crack Seal Program with Vance Brothers, Inc. for $147,491 - Budgeted (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Public Works staff seeks Town Board approval of a contract extension with Vance Brothers, Inc. (Vance Brothers) to perform chip seal and crack seal surface treatments on multiple roads in the Town of Estes Park. Present Situation: On March 8, 2022, staff presented information regarding the Street Improvement Program (STIP) during a Town Board Study Session. This included pavement condition updates, planned work for 2022, and an overview of pavement work performed utilizing the 1A Street Improvement Funds. To implement the plan in 2022, a qualified contractor is required. Through a competitive bid process, Vance Brothers was the low bidder and was awarded the chip and crack seal contract in 2020. Vance Brothers has a good reputation and extensive experience performing surface treatment work in Estes Park. The Town was satisfied with their work in 2016, 2018, 2019, 2020, and 2021. The 2020 contract documents included a provision that allows the Town to extend the contract for an additional three years in one-year increments. The Town exercised this option in 2021 when the Town Board approved the contract extension for 2021. Vance Brothers has expressed their interest in extending the contract by another year, and are available to continue this work in 2022. The completion of additional chip seal work valued up to $132,509 by the Larimer County Road & Bridge crew is under negotiation. Discussion of a future agreement for this work is expected at a future Town Board meeting. Page 15 Proposal: Staff proposes extending the original 2020 Vance Brothers contract for a second time to complete the 2022 Chip & Crack Seal Program. Advantages: •This contract delivers cost-effective surface treatments on multiple roads in Estes Park. •The Town voters supported the 1A sales tax for street improvements and expect the Town to repair and maintain roads with these funds. Disadvantages: •Surface treatments will cause temporary, brief disruptions of traffic in the proposed work areas; however, work will be scheduled to minimize disruptions, and the contractor will inform impacted property owners, residents, and business owners in advance of the work. •Funds could be used for other street improvement purposes; however, this usage is consistent with the approved 2024 STIP Program goals. Action Recommended: Staff recommends approval of the attached Contract Change Order in the amount of $147,491 to extend the contract with Vance Brothers for the 2022 Chip & Crack Seal Program. Additionally, Public Works staff seeks authorization to administratively approve another change order in an amount not to exceed $132,509 if needed for Vance Brothers to perform the additional chip seal work currently under negotiation with Larimer County. The recommended maximum total expenditure on the Vance Brothers contract is $280,000. Finance/Resource Impact: This project is funded from the Street Improvement Fund which includes $360,000 for chip and crack seal work in the approved 2022 budget. PW proposes to spend $280,000 on chip and crack seal work and redirect the remaining $80k to overlay and patching (see separate contract item on this meeting agenda). Level of Public Interest Public interest is expected to be low. Sample Motion: I move for approval/denial of the Contract Change Order No. 4 and Contract Extension No. 2, which extend the contract with Vance Brothers for the 2022 Chip & Crack Seal Program and increases the existing contract amount by $147,491. Public Works staff are authorized to pay Vance Brothers up to $280,000 if needed to complete the 2022 chip and crack seal work. Attachments: 1.Construction Change Order No. 4 2.Contract Extension No. 2 with Exhibits A and B attached Page 16 CONTRACT CHANGE ORDER NO. Date _4_/7_/2_0_2_2 ___________ _ Submitted by _R_.y_a_n _B_arr _____________ _ Project name 2022 Chip & Crack Seal Project# 4 Contractor Address City State Zip Vance Brothers, Inc. PO Box 877366 Kansas City, MO 64187-7366 � ..._ __ ... @ Instructions: Complete all sections with sufficient details. lfnot applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for cban e narrative) A Adding 2022 Chip & Crack Seal program quantities B Provide contract time extension to perform the 2022 program work 2a Description of chan e (narrative) A Insert 2022 program quantities and unit costs at the original 2020 bid unit costs, or at fair and negotiated 2022 unit costs, as agreed upon by Contractor and Owner. B The Town intends to exercise its option to extend the Vance Brothers contract another year. Increase contract time to allow for completion of the 2022 program. 2b A B • "KK 1 L.nAl"u" CONTRACT UNIT CURRENT ORDER CHANGE ADJUSTED NO. TEM NO ITEM DESCRIPTION OTY UNIT COST ITEM COST OTY ORDER AMT ITEM COST 2022 408 Hot Poured Joint and Crack Sealant 0 LB $ 2.23 $ -12,200 $ 27,206.00 $ 409 Emulsified Asphalt Chip Seal {l/4 inch) 0 SY $ 4.15 $ -27,900 $ 115,785.00 $ 627 Thermoplastic Pavement Marking 0 SF $ 25.00 $ -180 $ 4,500.00 $ s 147,491.00 s COSTS Original contract amount (2020) Change in contract costs previous change orders {2020) --------���=���=��=�����=��--------­----------s; 233,200.00 TfME -·--------------------Adjusted contract amount (2020 Final) ·----------------------------------------Original contract amount (2021) -----Change in contract costs previous change orders (2021) ________________________ _ ---------------------Adjusted contract amount (2021 Final) Change in contract costs this change order (2022) ___________________ _ Adjusted contract amount (2022) ----·-------------------Percent change to contract costs (informational o��) _______________ _ ------------- $ 13,790.60 $ 246,990.60 s; 263,315.00 $ 135.00 $ 263,450.00 $ 147,491.00 s 147,491.00 % Original completion date (2020) 8/28/2020 date 27,206.00 115,785.00 4,500.00 147,491.00 Change in contract time previous change orders (2020) ________________________________________________________________ 0 working days Original completion date (2021) ·------------------------------------------------------------------8/31/2021 date Change in contract time previous change orders (2021)---------------------------------------------------------------+------0 working days Final completion date (2022) ____________________________________________________________________ 8/_3_1/_2_0_2 _2 date APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK Approved by Project Manager Date Approved by Engineering Manager Date Approved by Public Works Director Date Approved by Town Administrator Date Approved by Town Board, Signed by Mayor Koenig Date Co trac signature h/;;,qfu' lf.,n. Contractor title ( TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERJNG MGR DIRECTOR TOWN ADMINISTRATOR $30,000 $50,000 $100,000 Copies to: project file, Finance Dept, Town Clerk (4/7/2022) U:\Eoginecring\00-PROJECT FILES\Ballot IA Projects\2022 Projects\2022 Chip and Crack Seal\02 Financial\Change Orders file name: VB Change Order 4 Date Attachment 1 Page 17 2022 CHIP & CRACK SEAL PROGRAM Town of Estes Park Public Works Department 2022 Chip & Crack Seal Program -Contract Extension No. 2 EXTENSION: The Town of Estes Park (Town) has chosen to exercise its option to extend the 2020 Chip & Crack Seal Program (includes the 2021 Chip & Crack Seal Program) contract with Vance Brothers, Inc. (Vance) for an additional year. During the extension period, the terms and conditions of the 2020 Contract Documents shall remain in effect, except as modified below. Revisions to the 2020 Chip & Crack Seal Program contract The 2020 construction agreement is modified as follows for implementation of the 2022 Chip & Crack Seal Program: Article 1. WORK 2022 Chip & Crack Seal Program The scope of work for 2022 will include crack seal, chip seal, and associated thermoplastic markings on multiple roads in the Town of Estes Park. The contractor shall supply all labor, materials, and equipment necessary to complete the work in accordance with the contract specifications. The roads proposed for chip seal are listed below: •Audubon Street •Homesteader Lane •Pinewood Drive •Pinewood Lane •Prospector Lane •Ptarmigan Trail •Red Tail Hawk Drive Exhibit A shows the roads proposed for crack seal. Exhibit B shows the roads proposed for chip seal and thermoplastic markings. Article 3. CONTRACT TIMES SCHEDULE OF 2022 ACTIVITIES: Town Board Approval April 26, 2022 Pre-Construction Meeting May 5, 2022 -tentative Notice to Proceed May 6, 2022 -tentative Work completed August 31, 2022 Attachment 2 Page 18 2022 CHIP & CRACK SEAL PROGRAM COMMENCEMENT OF WORK: The Contractor on this project shall commence work under this contract on or after the date of the Notice to Proceed (variable) and completing all work, including cleanup and demobilization, on or before August 31, 2022. Article 9. MISCELLANEOUS Contractor shall extend/adjust their Payment and Performance Bond to cover the 2022 program. Contractor accepts this Extension as satisfactory for the 2022 Program under section 4.0 of the Special Conditions of the 2020 Chip & Crack Seal Program contract. Page 19 2022 CHIP & CRACK SEAL PROGRAM TOWN OF ESTES PARK Mayor Date State of -----/) ss: County of ___ -; The foregoing instrument was acknowledged before me by Wendy Koenig, as Mayor of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this ___ day of ---------� 2022. Witness my hand and official seal. My Commission Expires ________ _ Notary Public Page 20 2022 CHIP & CRACK SEAL PROGRAM CONTRACTOR Vance Brothers, Inc State of Colorado ) ) ss: County of Adams ) The foregoing instrument was acknowledged before me by _C_h _r_is_L_e_e __ "--.,f,U..=---#--=c.,,.... (Name of party signing as Vice President of Vance Brothers, Inc -----------------(Title of party signing) (Name of corporation) a_M_i_ss_o_u_r_i _________ corporation, on behalf of the corporation, this (State of incorporation) _1_5t_h ___ day of_A_p_ril _______ � 2022. Witness my hand and official Seal. My Commission expires _1_2 _/0_7_/2_0_2_4 _____ _ Katherine Daniel NOTARY PUBLIC STATE OF COLORADO NOrARY ID 20164046426 MY COMMISSION EXPIRES 12/07/2024 -- Attached Contract Documents Exhibit A -2022 Crack Seal Maps \L� Notary Public Katherine Daniel Exhibit B -2022 Chip Seal and Thermoplastic Maps Page 21 D EVI L S G U L C H R D N SAINT VRAIN AV E HIGHWAY36 HIG H W AY 6 6 S S A I N T V RAIN AVE HIGHWAY36 BIGTHOMPSONAVE M O R A I N EAVE MACGRE G O R A V E WHI G HWAY 3 4 FALLRIV E R RD WWONDERVIEWAVE £¤36 £¤34 £¤36 £¤34 £¤36 UV7 UV66 This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 1,400 2,800Feet 1 in = 2,454 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit A - Crack Seal Legend Crack Seal Page 22 WHIG H W A Y 3 4 HIGH PINE DR DRY GULCH RD BIGTHOMPSONAVE EVERG REENP OIN T RD L O N E P I N E D R RED TAIL HAWK DR NORTH RIDGE LN G R A N D E S T A T ES D R RA V E N A V E WILDFIRE RD LAKEFRO N T S TPINE LN RAVEN CT PTARMIGAN L N B E A C H LN S T ONEGATE DR COYOTERUN C R AB A P PL E LN S O ARING C I R PTAR M I G A N T R L GRAY HAWK CT DEE R P A T H CT NORTHLAKEAVE MOUNTAIN VILLAGELN OLYMPIAN LN E LKT R A I L C T MA C C RACK E N L N HAYBARN HILL RD RAV E N C I R PRIVATE DRIV E This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 470 940Feet 1 in = 750 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit A - Crack Seal Legend Crack Seal Page 23 DAVIS ST RIVE R S I D E D R M O C C A S I N C I R C L E D R E R I V E R S I D E D R P R I V A T E D R I V E A U D U B O N S T P I N E RIV E R L N CR A G S D R M O R A I N E A V E LO T T S T COURTNE Y L N PRIVATE DRIVE P I N E R I V E R C T P R IVATE DRIVE PRIV A T E D R I V E P A R K R I V ERPL PROSPECT V I L L A G E D R W R I V E R S I D E DR M O C C A SIN ST P R I V A T E D RIV E C Y T E W O R T H R D MOCCA SIN CIRC L E D R R I V ER R O C K CIR This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 180 360Feet 1 in = 300 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit A - Crack Seal Legend Crack Seal Page 24 PONDERO SA D R S S A I N T V R A I N A V E 4THST N SAINT VRAIN AVE PRIVATE DRIVE E A S T L N FAWNLN MA N F O R D A V E RO O F T O P W A Y 3RDST 5 T H S T DUNRAVEN ST NOR T H C T S O U T H C T STA N L E Y A V E 1S T S T UNNAMEDRD COMANCHE ST 2NDST WO O D S T O C K D R C O M M U N I T Y D R This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 180 360Feet 1 in = 300 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit A - Crack Seal Legend Crack Seal Page 25 PROSP E C T E S TATESDR S S AINT VRAIN AV E SCOTT A V E JUNI P E R DR P A W N E E DR DEVON DR C R A G S CT P E A K V I E W D R M O NIDA C T PINEWOOD LN LONGS DR M A R C U S L N S UNNY MEAD L N AXMINSTE R L N NSHARO N C T T W I N D R N M O RRIS CT S S H A R ONCT S M OR RIS C T D A R C Y D R ACACIA DR PIN E WOODDR CURRY D R P A WNEE LN M E E K E R D R HIG HA CRES DR DE K K E R C I R STEEL E C T This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 220 440Feet 1 in = 350 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit A - Crack Seal Legend Crack Seal Page 26 DE V I L S G U L C H R D NSAINTVRAINAVE W H I GHWAY34 HIG H W A Y 6 6 S S A I N T V RAIN AVE HIGHWAY36 BIGTHOMPSONAVE MACGRE G O R A V E FALL R I V ER R D HIGHWAY 3 6 WWONDERVIEWAVE £¤36 £¤34 £¤36 £¤34 £¤36 UV7 UV66 This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 1,500 3,000Feet 1 in = 2,500 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit B - Chip Seal Legend Chip Seal Page 27 DRY GULCH RD RED TAIL HAWK DR STONEGATE DR PTARMIGAN LN SOARING CIR PTAR M I G A N T R L GRAY HAWK CT This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 150 300Feet 1 in = 250 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit B - Chip Seal Legend Thermo markings Chip Seal Page 28 OV E R L O O K C T BLACK C A N Y O N D R STEAMERDR TWIN OWLS L N H O M E S T E A D E R L N P R O S P E C TO R L N P I O N E E R L N WES T LN FI ND L E YCT This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 150 300Feet 1 in = 250 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit B - Chip Seal Legend Chip Seal Page 29 RIVE R S I D E D R ERIVERS I D E D R P R I V A T E D R I V E A U D U B O N S T P I N E R I V E R L N CR A G S D R M O RAI NE A V E DAVIS ST P R I V ATE DRIVE PRIVATE DRIVE P I N E R I V E R CT P R I V A T E D R I V E W RIVERSID E D R PROSPECT V I L L A G E D R M O C C A SIN S T P R I V A T E D R IV E C Y T E W O R T H R D M O C C A S IN CIRCLE DR This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 150 300Feet 1 in = 250 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit B - Chip Seal Legend Thermo markings Chip Seal Page 30 S S AINT V RAIN AVE T W I N D R SC O T T A V E N M O R R I S C T PINEW OOD LN P A W N E E D R S M O R RIS C T DEKKER CIR PI N E W O O D D R LONGS DR This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 125 250Feet 1 in = 200 ft±Town of Estes ParkPublic Works Dept. 2022 Chip & CrackSeal Program Printed: 4/1/2022Exhibit B - Chip Seal Legend Chip Seal Page 31       Page 32 PUBLIC WORKS Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Ryan Barr, EI, Pavement Manager Greg Muhonen, PE, Public Works Director Date: April 26, 2022 RE: Change Order for a Contract Extension for the 2022 Overlay & Patching Program with Coulson Excavating Co., Inc. for $614,637 - Budgeted (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Public Works staff seeks Town Board approval of a contract extension with Coulson Excavating Co., Inc. (Coulson) for the 2022 Overlay & Patching Program which will perform repaving and patching on multiple roads in the Town of Estes Park. Present Situation: On March 8, 2022, staff presented information regarding the Street Improvement Program (STIP) during a Town Board Study Session. The information presented included pavement condition updates, planned work for 2022, and an overview of pavement work performed utilizing the 1A street improvement funds. To implement the plan in 2022, a qualified contractor is required. Through a competitive bid process, Coulson was the low bidder and was awarded the contract in 2019. Coulson has a good reputation and extensive experience performing repaving work in Estes Park. The Town was satisfied with their work in 2019, 2020, and 2021. The 2019 contract documents included a provision that allows the Town to extend the contract for an additional three years in one-year increments. The Town exercised this option when the Town Board approved the contract extensions for the 2020 and 2021 Overlay & Patching Programs. Coulson has expressed interest in extending the contract by another year, and are available to perform this work in 2022. Proposal: Staff proposes extending the original 2019 Coulson contract by another year for the 2022 Overlay & Patching Program. Page 33 Advantages: •This contract delivers needed patching and repaving of multiple roads in Estes Park. •The Town voters supported the 1A sales tax for street improvements and expect the Town to repair and maintain roads with these funds. Disadvantages: •Road work will temporarily impact traffic flow and could result in brief disruptions of neighborhoods and business; however, the Town and contractors will make every effort to inform impacted property owners, residents, and business owners in advance of the construction. •Funds could be used for other street improvement purposes; however, this usage is consistent with the approved 2024 STIP goals. Action Recommended: Staff recommends approval of the attached Contract Change Order in the amount of $614,637 to extend the contract with Coulson for the 2022 Overlay & Patching Program. Additionally, PW staff seeks authorization to administratively approve another change order in an amount not to exceed $20,363 if needed for Coulson to perform additional overlay or patching work to address unanticipated conditions that may be discovered during construction. The recommended maximum total expenditure on the Coulson contract is $635,000. Finance/Resource Impact: This project is funded from the Street Improvement Fund which includes $530,000 for overlay and patching work in the approved 2022 budget. PW proposes to spend up to $635,000 on overlay and patching work using an additional $80k redirected from the chip and crack seal line item (see separate contract item on this meeting agenda) and an additional $25k from the parking lot line item. Level of Public Interest Public interest is expected to be moderate. Sample Motion: I move for approval/denial of the Contract Change Order No. 9 and Contract Extension No. 3, which extend the contract with Coulson for the 2022 Overlay & Patching Program and increases the existing contract amount by $614,637. Public Works staff are authorized to pay Coulson up to $635,000 if needed to address unanticipated conditions encountered during construction. Attachments: 1.Construction Change Order No. 9 2.Contract Extension No. 3 with Exhibits A, B, and C attached Page 34 CONTRACT CHANGE ORDER NO. Date Submitted by Praject name Project# 4/8/2022 Ryan Barr 2022 Overlay & Patching Program OVRLAY 9 Contractor Address City State Zip Coulson Excavating Co. 3609 Madison Ave Loveland, CO 80538 Instructions: Complete all sections with sufficient details. If not applicable insert ''NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) A Adding 2022 Overlay & Patching Program quantities B Provide contract time extension to perfonn the 2020 program work 2a Description of change (narrative) ; ----® A Insert 2022 program quantities and unit costs. Unit costs are at the 2019 bid unit costs, or as modified through the 2020 or 2021 Overlay & Patching programs, or at fair and negotiated 2022 unit costs, as agreed upon by the Contractor and Owner. B The Town intends to exercise its option to extend the Coulson contract by another year. Increase contract time to allow for completion of the 2022 program. 2b A B ITEM NO. 2022 202-00220 202-00240 210-01710 210-04010 304-09100 306-01000 403--00720 403-34721 403-34721.2 609 626.00000 627-00011 627--00003 630-00016 PROJECT# PROJECTS COSTS TIME CURRENT ITEM DESCRIPTION Removal of Asphalt Mat RemoVlll of Asohalt Mat (Plaoin2) Adiust Water Valve Adiust Manhole A�2regate Base Course (RAP-from Town wrdl Reconditionin2 (Sub1rrade) HMA (Patch 4"l(Gr SX)(75J(PG 58-28) HMA (Or SX)(751f PG 58-281 HMA <Or SX\(15\(PG 58-28\(Levelin� Course) Mohall Curb Mobiliz111ion Pavement Markin!? Paint (Latex/Watetbome) Thennoolastic Pavement Markin!? (Inlaid) Traff"u: C.ontrol CSnttian Original contract amount (20191 Change in c2nll:!!.I CQ� ru:evious chance orders (2019} A�iJ!sted contract am2ll!lt !'..2!! l 2 final l Original contract amount (2020) Change in contract costs l!Ieyjou� change orders {2020} Adjusted contract amount (2020 Einal} Original contract amount (2021 J Chanee in r.nntTact costs nrevious chanve �.,,e,.. 17021 \ Adjusted contract �mount (2021 Final) Change in contract costs this change order {2022) Adjusted contract amount {2022) Percent change to contract costs {informational oolrl Original contract time (2019) Change in contract time previous change orders (20 Adjusted contract time (2019 Final} Original completion date (2020) 19) 2oi Change in contract time previous change orders {20 Original completion date (2021 -All Work} Revised completi2n date (2021 Parking Lot} Revised completion date (2021 -All W2rk) Final completion date (2022 -All Work) OTY UNl'I 0 SY 0 SY 0 EA 0 EA 0 CY 0 SY 0 TON 0 TON 0 TON 0 LF 0 LS 0 GAL 0 SF 0 LS CURRENT UNIT COST ITEM COST s s $ $ $ $ $ $ s $ $ $ $ $ 8.00 $ 6.00 $ 350.00 $ 550.00 $ 37.00 $ 5.00 $ 170.00 $ 98.00 s98.00 s25.00 $ 50.000.00 $ 300.00 $ 25.50 $ 90.000.00 $ 4STLR ELKPAV ----------- . -- FOURTH ST E. ELKHORN $ 619 403.50 $ 333 780.50 $ 77,809.73 $ 128,013.63 s 697 213.23 $ 461 794.13 31 13 3 18 34 31 _.,., ____ APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. CHANGE ORDEROTY 570 2.420 2 2 10 570 1.212 1.275 I ISO DO 1 4 94 1 OVRLAY OL&PATCH s 264.612.00 $ (32,572.35) s 232.039.65 $ 740 449.50 $ 5910.00 s 746,359.50 s 761 492.50 s 8 940.00 $ 770 432.50 $ 614 637.00 s 614.637.00 75 4 79 8/28/2020 CHANGE ORDER AMT $ 4.560.00 $ 14,520.00 s 700.00 $ 1100.00 $ 370.00 $ 2 850.00 $ 206,040.00 s 124 950.00 $ ll2 700.00 $ 3 250,00 $ 50,000.00 $ 1,200.00 $ 2397.00 $ 90,000.00 s 614 637.00 workint;1�,!I}.! workint;1 �,!IX'! workin1;1 �}.! date 0 ___ "!Y_'!���l_l! 8/31/2021 date 11/5/2021 date 11/19/2021 date 8/31/2022 ciate (4/8/2022) U:\Engineering\00-PROJECT FJLES\Ballot IA Projects\2022 Projects\2022 Overlay and Patching\02 Financial\Change Orders file name: 2022 Overlay -Change Order 9 ADJUSTED ITEM COST $ 4 560.00 $ 14.520.00 $ 700.00 $ 1,100.00 $ 370.00 $ 2 850.00 $ 206,040.00 $ 124.950.00 $ 112,700.00 $ 3.250.00 $ 50,000.00 s 1,200.00 $ 2,397.00 $ 90 000.00 s 614 637.00 TOTALS $ 1.217 796.00 $ 173 251.01 s 1,391 047.01 s 740,449.50 s 5,910.00 s 746 359.50 s 761,492.50 $ 8,940.00 $ 770 432.50 $ 614.637.00 $ 614,637.00 % 8/28/2020 8/31/2021 11/5/2021 11/19/2011 8/31/2022 Attachment 1 Page 35 TOWN OF ESTES PARK Approved by Project Manager Approved by Engineering Manager Approved by Public Works Director Approved by Town Administrator Approved by Town Board, Signed by Mayor Koenig Date Date Date Date Date Contractor signature Contractor title TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000 DIRECTOR $50,000 TOWN ADMINISTRATOR $100,000 Copies to: project file, Finance Dept, Town Clerk (4/8/2022) U:\Engineering\00-PROJECT FILES\Ba\lot IA Projects\2022 Projects\2022 Overlay and Patching\02 Financial\Change Orders file name: 2022 Overlay-Change Order 9 Date Page 36 2022 OVERLAY & PATCHING PROGRAM Town of Estes Park Public Works Department 2022 Overlay & Patching Program- Contract Extension No. 3 EXTENSION: The Town of Estes Park (Town) has chosen to exercise its option to extend the 2019 Street Overlay Program (includes the 2020 Overlay & Patching Program and the 2021 Overlay & Patching Program) contract with Coulson Excavating Co., Inc. (Coulson) for an additional year. During the extension period, the terms and conditions of the 2019 Contract Documents shall remain in effect, except as modified below. Revisions to the 2019 Street Overlay Program contract The 2019 contract is modified as follows for implementation of the 2022 Overlay & Patching Program: Article 1. WORK 2022 Over/av & Patching Program The scope of work for 2022 will include the repaving or patching of multiple roadways in the Town of Estes Park. Contractor shall supply all labor, materials, and equipment necessary to complete the work in accordance with the contract specifications. The Work is generally described as follows: 1.Grand Estates Drive -2" leveling course & 2" overlay; planing and patching as needed 2.Lakefront Street -1.5" leveling course & 1.5" overlay; planing and patching as needed 3.Pioneer Lane -1.5" leveling course & 1.5" overlay; planing and patching as needed 4.Acacia Drive-2" leveling course & 2" overlay; planing and patching as needed 5.Twin Drive-one area of 4" mill and overlay, recondition subgrade if exposed 6.4" Patching (plus reconditioning subgrade if exposed) at the following sites: a.Stonegate Drive b.Ptarmigan Trail (x3) C.North Lake Avenue (x2) d.Prospector Lane e.Steamer Parkway (x8) f.West Elkhorn A venue g.Riverside Drive (x4) h.Audubon Street (x2) i.Elm Road Attachment 2 Page 37 2022 OVERLAY & PATCHING PROGRAM j.High Drive k.Community Drive 1.Matthew Circle (x5) m.Wapiti Circle (x2) n.Cedar Lane (x2) o.Creekside Court (x2) p.Avalon Drive (x4) q.Peak View Drive (x2) r.Sunny Mead Lane (x3) s.Pinewood Lane (x3) t.Pinewood Drive (x2) Exhibit A provides an overview map of the 2022 Overlay & Patching Program. Exhibit B shows the roads proposed for overlay improvements. Exhibit C shows the roads proposed for patching improvements. Article 3. CONTRACT TIMES SCHEDULE OF 2022 ACTMTIES: Town Board Aooroval April 26, 2022 Pre-Construction Meeting May 4, 2022 -tentative Notice to Proceed May 6, 2022 -tentative Complete Patching July 1, 2022 Complete Overlays August 31, 2022 COMMENCEMENT OF WORK: The Contractor on this project shall commence work under this contract on the date of the Notice to Proceed (variable) and completing all work, including cleanup and demobilization, on or before August 31, 2022. Patching work shall be com plete by July 1, 2022. Article 9. MISCELLANEOUS Contractor shall extend/adjust their Payment and Performance Bond to cover the 2022 program. Contractor accepts this Extension as satisfactory for 2022 under section 5.0 of the Special Conditions of the 2019 Street Overlay Program contract. Page 38 2022 OVERLAY & PATCHING PROGRAM TOWN OF ESTES PARK Mayor Date State of -----) ss: County of ____ )_ The foregoing instrument was acknowledged before me by Wendy Koenig, as Mayor of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this __ day of _________ _, 2022. Witness my hand and official seal. My Commission Expires ________ _ Notary Public Page 39 2022 OVERLAY & PATCHING PROGRAM CONTRACTOR Coulson Excavating Company, Inc. State of CO ) ) ss: County of Larmier ) The foregoing instrument was acknowledged before me by ___ Q . >-= (Name of party signing) Matt Coulson as Vice President of _�C=o=u=l=so=n=E=xc=a=v....,a=ti=n.,..g�C�o=m,...p,...a=n..,_y .... , =In=c�. __ _ (Title of party signing) (Name of corporation) a.___ C-=-=O _________ corporation, on behalf of the corporation, this(State of incorporation) _::.;:15:..::th=-----day of _ __::_A=p=ri:.::..l ______ _,, 2022. Witness my hand and official Seal. My Commission expires f\\. :f\'-\ P.,,o #l> P., "-\ , DIANA R MONEYPENNY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19904006472 MY COMMISSION EXPIRES MAY 20, 2022 Attached Contract Documents Notary Public \ Exhibit A -Overview Map of the 2022 Overlay & Patching Program Exhibit B -Overlay Maps Exhibit C -Patching Maps ,, .. ,,' , .. ,,,,, ,,,, C ,,,, ,,,, • ,,. 9 ° 1n,o ,,,, .... ,,,......... .,, ,, ,t'.,fl>.·· · ..... ,, �� :, .... . npQR . J, , .. �-·r_f".n ">-·. -:, • (J. vv '"ftr-. ,.,. -:. �lit. SE �- . -:, -!w:AL ··.o i:, . . 0: s C:. . . ..., :: \ 0 ·.. 1976 ._:--o g � � ·. (' 0 .· � i \.;'o··.�l.oR�"?-···� ,l ....,.v .... ••' �0 ,,• ,,,,,,, -* , ...... \..,,,,,, ......... . Page 40 HIGHWAY 3 6 D EVI LS G U L C H R D N SAINT VRAIN AV E HIG H W AY 6 6 S S A I N T V RAIN AVE HIGHWAY36 BIGTHOMPSONAVE M O R AIN E A V E MACGRE G O R A V E WHIG H WAY 3 4 FALLRIV E R RD WWONDERVIEWAVE £¤36 £¤34 £¤36 £¤34 £¤36 UV7 UV66 This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 1,500 3,000Feet 1 in = 2,440 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit A - Overview Legend Overlay Patching Page 41 BIGTHOMPSONAVE L O N E P I N E D R DRY GULCH RD RA V E N A V E G R A N D E S T A TE S D RLAK EFRO NTST AXELL RD RAV E N C I R RAVEN CT TIMBER MOUNTAI N L N P RIVATE DRIVE B E A CH LN ELKTR AILCT P I N E L N DEERPATHCT NORTH RIDGE LN NORTHLAKEAVE OLYMPIAN LN MOUNTAIN VILLAGE LN Plane,Patch, 1.5"LC, 1.5" OL Plane, 2"LC, 2" OL This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 250 500Feet 1 in = 400 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit B - Overlays Legend Overlay Patching Page 42 O V E R L O OK CT UNNAM E D 1 0 0 1 9 6 F I N D L E Y C T B L A C K CA N Y O N DR SOUTH LN OVERL O O K L N P A N O R A M A C I R STEAMERDR TWINOWLS LN H O M E S T E A D E R L N P R O S P E C TO R L N P I O N E E R L N WEST LN FIN DL E YCT Plane, Patch,1.5" LC, 1.5" OL This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 200 400Feet 1 in = 300 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit B - Overlays Legend Overlay Patching Page 43 S S AINT V R AIN AV E DEVON DR AV A L O N D R ACACIA DR BROOK DR PEAK VIEW DR T W I N D R LONGS DR MEEKER D R ACACIA DR HIGHACRE S DR Plane, 2"LC, 2" OL 4" Mill &Overlay This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 125 250Feet 1 in = 200 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit B - Overlays Legend Overlay Patching Page 44 DRY GULC HRD P T A R M I G A N T R L STONEGATE DR RE D T A I L H A W K D R PTARMIGAN TRL This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 100 200Feet 1 in = 167 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 45 BIGTHOMPSONAVE OLYMPIANLN DRYGULCHRD LONEPINEDR RAVENAVE MO U N T A I N V I L L A G E L N PRIVATE DRIV E NORTHLAKEAVE This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 90 180Feet 1 in = 150 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 46 B L A C K C A N Y O N D R F R E E L A N D C T STEAMER P K W Y OVERLO OK CT S T E A MERCT WE S T L N S T E A M E R D R OVERLO O K L N UNNA M E D 1 0 0 1 9 6 TWIN OWLS L N P R O S P E C TO R L N FI N D L E Y C T FIN DL E YCT This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 160 320Feet 1 in = 267 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 47 W ELKHORN AVE BIG HORN DR PRIVATE DRIVE SPRUCEDR PRIVATE D R IV E WI E S T D R CLEAVE ST L A W N L N P RIVATE DRIVE This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 60 120Feet 1 in = 100 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 48 R I V E R S I D E D R CR A G S D R A U D U B O N S T P I N E R I V E R L N P R I V ATE DRIV E P R O S P E C T V I L L A G E D R E R I V E R S I D E D R P R I V A T E D RIV E P I N E R I V E R CT P RI V A T E D R I V E PROSP E CT V I L L A G E D R MOCCASIN CIRCLE DR This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 90 180Feet 1 in = 150 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 49 EL M R D L O W E R B R O A D V IE W R I V E R S I D E D R M O R A I N E A V E P RIVA TEDRIVE M A R Y S L A K E R D HIGH DR PRIVATE D R I VE P R I V A T E D R I V E This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 150 300Feet 1 in = 250 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 50 MATTHEW C IR E A G L E L N BIRDIE L N PA R LN COMMUNITY DR WA P I T I P L BRODIE AVE WAPITI CIR HALBACH LN W A P I T I C I R This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 100 200Feet 1 in = 167 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 51 FIS H CREEK RD CREEKSIDECT F L O W E R L N COUNTRY CLUB DR C O U N T R Y C L U B D R CEDAR LN This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 90 180Feet 1 in = 150 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 52 S SAINT VRAIN AVE AV A L O N D R BROOK D R HIGHACRES DR COUNTRY C L U B D R C L OVER LN ACA C I A D R PEAK VIEW DR WILLOW LN This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 125 250Feet 1 in = 200 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 53 SSAINTVRAINAVE J U N I P E R D R P R O S P E C T M O U N T A I N R D DEVON DR TA L L P I N E S D R AXMINSTER LN PEAK VIEW DR VA I L C T T R A N Q U I L L N SUNNY MEAD LN This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 125 250Feet 1 in = 200 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 54 S SAINT V RAIN AVE P A W N E E D R SC O T T A V E S M O R RIS C T PINEWOOD LN PIN E W O O D DR This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as tothe accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 90 180Feet 1 in = 150 ft±Town of Estes ParkPublic Works Dept. 2022 Overlay &Patching Program Printed: 4/1/2022Exhibit C - Patches Legend Patching Page 55 Page 56 Public Works Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Ryan Barr, EI, Pavement Manager Greg Muhonen, PE, Public Works Director Date: April 26, 2022 RE: Change Order and Contract Amendment for Graves Ave Improvements with Sanderson Stewart, $17,510 - Budgeted (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works staff are requesting the Town Board approve this change order on the professional services contract with Sanderson Stewart for design and engineering services associated with preparing right of way (ROW) plans and easement documents for the Graves Avenue Improvements project. Present Situation: Sanderson Stewart has provided design and engineering services throughout the Graves Avenue Safe Routes to School (SRTS) project, including public outreach efforts. ROW and easement services were limited in the original scope of work due to the uncertainty of construction occurring on both sides of the road. Community feedback gave mixed preferences on conceptual designs; however, there was strong support and clear advantages to constructing continuous sidewalk along both sides of Graves Avenue. CDOT advised delaying preparation of the ROW documents until the design was far enough along (90% or more) to reduce risk of changing the scope of the ROW and easement work. Now that the design is nearly complete, Sanderson Stewart can prepare ROW plans in conformance with CDOT guidelines and develop the associated property descriptions and easement exhibits. To keep the project progressing and gain ROW clearance to bid the work, the design contract needs to be modified to allow for the additional effort to develop ROW documents for the proposed construction. Page 57 Proposal: This change order is for Sanderson Stewart to prepare ROW plans and easement documents to facilitate the proposed construction of walkways on both sides Graves Avenue. Advantages: •Contracting this work through the existing engineering consultant is advantageous because they have designed the improvements and understand the property boundaries and the limits needed for permanent or temporary construction easements. •CDOT’s ROW team has shared insights and review comments with the existing engineering consultant, and assumes they will be developing the ROW plans and documents. Since these documents are needed to gain ROW clearance on the overall project, it makes sense for the project’s engineering team to be involved. Disadvantages: •This work could be contracted to a different firm; however, the delay associated with contracting another firm would be problematic for the ongoing project schedule and the Town would end up paying for ROW research that has already been performed by Sanderson Stewart. Any new firm would need to coordinate with Sanderson Stewart regarding the proposed improvements. •The Town will still need another, smaller contract with a different firm to determine fair market value for easements, present landowners with purchase offers (if the landowners do not choose to donate), and obtain easement signatures. Action Recommended: The Board is asked to approve this change order so that the Graves Avenue SRTS project may proceed. Finance/Resource Impact: Current Impact: 244-3400-434.35-60 1A Trail Expansion Fund, $17,510 additional expenditure, $639,652 available project budget. Future Impacts: This change order reduces the available budget for future construction work on the project. Level of Public Interest Moderate. The Transportation Advisory Board has been receiving regular updates on this project during their regular monthly meetings and supports this project. Sample Motion: I move for the approval/denial of Change Order No. 3 and Contract Amendment No. 1 to the Graves Avenue Improvements design contract with Sanderson Stewart. Attachments: 1.Contract Change Order No. 3 2.Professional Services Contract Amendment No. 1 3.20231 Graves Ave SRTS ROW Changes to scope of project Page 58 CONTRACT CHANGE ORDER NO. 3 3/10/2022 Contractor Sanderson Stewart Ryan Barr Address 425 West Mulberry Street, Suite 201 Graves Ave SRTS City State Zip Fort Collins, CO 80521 GRAVES Instructions: Complete all sections with sufficient details. If not applicable insert "NA". Expand narrative space or attach additional pages as needed. 1 Reason for change (narrative) A During initial contract negotiations on the scope of work and fee schedule, certain right of way (ROW) services were removed from the consultants scope of work since the extent of the improvements and needed easements was unclear at that time. The removed or unincluded services were identified as parcel descriptions and easement exhibits, as well as the development of CDOT ROW plans. Now that the scope of the improvements is understood, and ROW documents are needed to finalize design, gain ROW clearance, and eventually advertise the project; these services need to be re-assigned to the consultant B Completion date needs to be extended in order to cover time needed to complete the remaining services of the contract. 2a Description of change (narrative) A Inserting $17,510.00 to the contract for development of ROW plans in conformance with CDOT expectations, as well as development of temporary and permanent easement exhibits and property descriptions. Actual tasks and associated hours are as detailed in the attached change order detail sheet. B Extending contract completion date until July 1, 2022. 2b NO. ITEM NO. ITEM DESCRIPTION CURRENT CONTRACT QTY UNIT UNIT COST CURRENT ITEM COST CHANGE ORDER QTY CHANGE ORDER AMT ADJUSTED ITEM COST A Right of Way and Easement work: CDOT ROW plans, property descriptions, easement exhibits, associated coordination, etc.0 LS -$ -$ 17510 17,510.00$ 17,510.00$ COSTS Original contract amount 97,854.00$ Change in contract costs previous change order/s #44,005.00$ Change in contract costs this change order 17,510.00$ Adjusted contract amount 159,369.00$ Percent change to contract costs (informational only)% B TIME Original completion date 9/30/2021 date Change in contract time previous change order/s #15 days Change in contract time this change order 259 days Adjusted completion date 7/1/2022 date APPROVAL: This Change Order is accepted and the Contract is amended to conform thereto. TOWN OF ESTES PARK CONTRACTOR Approved by Project Manager Date Contractor signature Date Approved by Engineering Manager Date Contractor title Approved by Public Works Director Date TOWN SIGNATORY AUTHORITY THRESHOLDS ENGINEERING MGR $30,000 DIRECTOR $50,000 Approved by Town Administrator Date TOWN ADMINISTRATOR $100,000 MAYOR/ BOARD >$100,000 Copies to: project file, Finance Dept, Town Clerk Submitted by Project name Project#(funder & Town) Date Approved by Mayor Date Attachment 1 Page 59 TOWN OF ESTES PARK, COLORADO PROFESSIONAL SERVICES CONTRACT AMENDMENT First Amendment to the Design and Engineering Services Contract for the Graves Avenue Safe Routes to School Project The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and Sanderson Stewart (Consultant), a Montana corporation licensed to do business in the State of Colorado, whose address is 425 West Mulberry Street, Suite 201, Fort Collins, CO 80521, make this First Amendment to the Design and Engineering Services Contract for the Graves Avenue Safe Routes to School Project (Contract and Amendment, respectively) this __________ day of ____________________, 2022, at the Town of Estes Park, Colorado, considering the following facts and circumstances: 1 RECITALS: 1.1 Town and Consultant entered the Contract on February 3, 2021; and 1.2 Consultant has agreed to provide expanded services, as detailed in change orders to the Contract. 2 AMENDMENT: Section 12 of the Contract is hereby repealed and replaced with the following language: 12.CHANGE ORDERS: Town reserves the right to order work changes in the nature of additions, deletions, or modifications, without invalidating this agreement, and agrees to make corresponding adjustments in the contract price and time for completion. All changes will be authorized by a written change order signed by Town. Work shall be changed, and the contract price and completion time shall be modified only as set out in the written change order. The Contract term shall be extended to encompass any extended completion time. 3 All other provisions of the Contract shall remain in full force and effect and shall apply equally to this Amendment. Signature pages follow. Attachment 2 Page 60 Page 61 TOWN OF ESTES PARK: Date Title: _______________________________ ACKNOWLEDGMENT State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 62 3/10/22, 9:36 AM Town of Estes Park Mail - 20231, Graves Ave SRTS ROW changes to scope of project https://mail.google.com/mail/u/0/?ik=20cc67c2af&view=pt&search=all&permmsgid=msg-f%3A1726886796637692876&simpl=msg-f%3A17268867966…1/2 Ryan Barr <rbarr@estes.org> 20231, Graves Ave SRTS ROW changes to scope of project Kerry Childress <kchildress@sandersonstewart.com>Wed, Mar 9, 2022 at 9:46 PM To: "rbarr@estes.org" <rbarr@estes.org> Cc: John Tufte <Jtufte@sandersonstewart.com>, Joey Staszcuk <jstaszcuk@sandersonstewart.com> Hi Ryan, Thanks for recognizing that our efforts have been more in depth and also for your patience on the updated breakdown since I was out of the office yesterday afternoon. I’ve run a report with our most current hours spent on the ROW portion of the project and have it in the attached PDF. At this time we have spent 75.1 hours on the ROW portion Trina eluded to some different format for CDOT than what Steve (Majestic) sent, I need to follow up with him, but Bekah estimates another 14 hours of work for her in addition to time (2 hours) to meet with Trina again and I anticipate another 4 hours for PM/QC/Meeting with Trina. The summary of the updated efforts is as follows: Sanderson Stewart TCE/PE work/ROW plans and exhibits to date: Staff Engineer hours: 63.2 hours to date, totaling $6776.00 Senior Designer II hours: 1.5 hours to date, totaling $195.00 Senior Engineer/PM hours: 10.4 hours, totaling $1754.00 Majestic exhibits and descriptions for properties: Parcel description/exhibits: 15 at $400 total $6000 (removed from scope, invoice attached) Property Information Binders, 10 at 500, total $5000* *This was initially scoped at 9 lots for $4500, leaving a remaining $500 (invoice attached) Anticipated Hours to Completion for Sanderson Stewart: Staff Engineer: 16 hours, $1760 Senior Engineer/PM/QC: 3 hours, $525 The total for work to date and anticipated completion is $ 17,510.00 Please let me know if you need any further information. Sincerely, Kerry Kerry Perrillo Childress PE, RSP1 Senior Engineer t: 970-773-7731 From: Ryan Barr <rbarr@estes.org> Sent: Tuesday, March 8, 2022 8:46 AM To: Kerry Childress <kchildress@sandersonstewart.com> Cc: John Tufte <Jtufte@sandersonstewart.com>; Joey Staszcuk <jstaszcuk@sandersonstewart.com> Subject: Re: 20231, Graves Ave SRTS ROW changes to scope of project Attachment 3 Page 63 Rev Type: CP B 1/10/2022 0294 .30 49.50 82.50 meet with vince ROW docs 165.00Senior Engineer I Childress, Kerry Billing Review Report with Direct Wednesday, March 9, 2022 9:50:29 AM Sanderson Stewart As of 2/25/2022 Principal: John Tufte Total Compensation:JTD Billed: 8,043.97 Hours/ Units Billing Rate Billing AmountProject Number: 20231 Estes-Graves Avenue SRTS Billing Status Date Labor Category Employee/ Reference Description 6,000.00B 2/4/2022 000000047152 Majestic Surveying Majestic Surveying Invoice No. 3832 Project Manager: Kerry Childress Client Name: Town of Estes Park 6,000.00 6,000.00 Consultants: Phase Number: 002 Survey, Sue & Geotech Task Number: 005 Majestic Surveying Total for 005 6,000.00 Total Consultants Total Billable Consultants 6,000.00 Total for 002 82.50.50 165.00 Phase Number: 008 Engineering & Design 90% Task Number: 002 90% Design Docs B Project Manager:Kerry Childress Client Name: Town of Estes Park Labor: 3.50 105.00 367.50B1/11/2022 Staff Engineer I 0295 Boland, Rebekah 3.00 105.00 315.00B1/5/2022 Staff Engineer I 0295 Boland, Rebekah 8.70 105.00 913.50B1/14/2022 Staff Engineer I 0295 Boland, Rebekah 3.00 105.00 315.00B1/12/2022 Staff Engineer I 0295 Boland, Rebekah 1.50 105.00 157.50B1/18/2022 Staff Engineer I 0295 Boland, Rebekah 165.00 meet w bekah about ROW 1/13/2022 Senior Engineer I 0294 Childress, Kerry .50 follow up emails to Amy (pinyon) and Steve (Majestic-ROW)), meet w Bekah about ROW items B 1/11/2022 Senior Engineer I 0294 Childress, Kerry Project Manager:Kerry Childress Client Name: Town of Estes Park Labor: Phase Number: 010 Right-of-Way Work Task Number: 001 ROW Work ROW plans looked into ROW plans on the CDOT site row sheet into cad and printed edits to storm drain sheets ROW spreadsheet v4.5.6.0 (Mindy Zscheile) - (*) indicates that the transaction has been billed in future period. Page 1 of 2 Page 64 165.00 3/1/2022 Senior Engineer I 0294 Childress, Kerry .30 175.00 52.50 discussion with bekah about ROW questions updating ROW docs with comments from Trina - plan sheets, title block updates, table updates, point style updates, questions on survey sheets updating ROW plan sheets and printed out checklist to check off, adding owner name and subdivision and lot numbers, updating formatting 2/28/2022 Staff Engineer I 0295 Boland, Rebekah 1.50 110.00 3/1/2022 Staff Engineer I 0295 Boland, Rebekah 3/2/2022 Staff Engineer I 0295 Boland, Rebekah updating ROW docs, tile sheets with maps and title block updates, survey sheet updates 1.00 105.00 105.00B1/27/2022 Staff Engineer I 0295 Boland, Rebekah 8.00 105.00 840.00B1/28/2022 Staff Engineer I 0295 Boland, Rebekah .50 105.00 52.50B2/14/2022 Staff Engineer I 0295 Boland, Rebekah 6.00 105.00 630.00B1/31/2022 Staff Engineer I 0295 Boland, Rebekah 2.00 110.00 220.00B2/17/2022 Staff Engineer I 0295 Boland, Rebekah 1.00 110.00 110.00B2/16/2022 Staff Engineer I 0295 Boland, Rebekah ROW docs TCE - ROW for Estes graves ROW Documents to Kerry ROW plan sheets / tables/converting from dgn files reading through the ROW manual plan sheet updates - row docs call with kerry about row docs .50 110.00 55.00 updating line scale sand date and plotting a set B 2/18/2022 Staff Engineer I 0295 Boland, Rebekah ROW DOCS 1.00 165.00 165.00 OPC discussion with Vince, ROW with CDOT B 1/12/2022 Senior Engineer I 0294 Childress, Kerry 2.50 110.00 275.00 ROW documents and meeting with CDOT and Ryan B 2/24/2022 Staff Engineer I 0295 Boland, Rebekah .60 165.00 99.00 ROW docs--discuss with bekah, upload,coordinate w ryan B 1/19/2022 Senior Engineer I 0294 Childress, Kerry .50 165.00 82.50 Press release to Town, remaining ROW docs to Town B 1/18/2022 Senior Engineer I 0294 Childress, Kerry .30 165.00 49.50 discuss billing with mindy for ROW--amendment B 2/11/2022 Senior Engineer I 0294 Childress, Kerry .30 165.00 49.50 send Trina ROW docs, set up meeting B 2/8/2022 Senior Engineer I 0294 Childress, Kerry 1.00 165.00 165.00 ROW questions for bekah B 2/15/2022 Senior Engineer I 0294 Childress, Kerry 1.60 165.00 264.00 ROW meeting w CDOT and Town, follow up with Bekah B 2/14/2022 Senior Engineer I 0294 Childress, Kerry 4.00 110.00 440.00 2.20 175.00 385.00 ROW preparation, redlines for Bekah, meeting with CDOT B 2/24/2022 Senior Engineer I 0294 Childress, Kerry 7.00 110.00 770.00 4.00 110.00 440.00 3/7/2022 Staff Engineer I 0295 Boland, Rebekah v4.5.6.0 (Mindy Zscheile) - (*) indicates that the transaction has been billed in future period. Page 1 of 2 Page 65 Sanderson Stewart Totals: 75.10 8,725.00 Majestic Fees Total: 6000 Total ROW Fees to date (3/8/22)14,725.00 finish up ROW docs--questions on checklist emailed to kerry 3/8/2022 Staff Engineer I 0295 Boland, Rebekah 5.50 110.00 605.00 The geodetic and charn coodinates with vince and steve (majestic), setting up sheet sets and moving windows to see points used, updating plan sheets, adding in notes about gradings and note about section 1/16th plotting set to see what still needs to be completed, email to Trina 3/8/2022 Senior Designer II 297 Gentry, Vincent 1.50 130.00 195.00 WORKING ON ROW CHARN COORDINATES, FOR THE ROW PLANS 3/7/2022 Senior Engineer I 0294 Childress, Kerry .30 175.00 52.50 3/8/2022 Senior Engineer I 0294 Childress, Kerry 1.00 175.00 175.00 The geodetic and charn coodinates with vince and steve (majestic), setting up sheet sets and moving windows to see points used, updating plan sheets, adding in notes about gradings and note about section 1/16th plotting set to see what still needs to be completed, email to Trina meet w bekah to discuss ROW outstand issues/coordinate references, suggest meeting w trina v4.5.6.0 (Mindy Zscheile) - (*) indicates that the transaction has been billed in future period. Page 1 of 2 Page 66 RESOLUTION 33-22 SETTING THE PUBLIC HEARING FOR A NEW OPTIONAL PREMISE LIQUOR LICENSE APPLICATION FOR ESTES VALLEY RECREATION AND PARK DISTRICT DBA ESTES PARK GOLF COURSE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New OPTIONAL PREMISE Liquor License, filed by ESTES VALLEY RECREATION AND PARK DISTRICT, 1482 Golf Course Road, Estes Park, Colorado, is April 8, 2022. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, May 10, 2022, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 5.0 miles, as measured from the center of the applicant's property. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 67       Page 68 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Reuben Bergsten, Utilities Department Director Linda Swoboda, Business Manager, Utilities Department Date: April 26, 2022 RE: Resolution 34-22 Application for Grant Funding from the Colorado Department of Local Affairs for Broadband Initiative Planning and Implementation (Mark all that apply) ☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE ☐ CONTRACT/AGREEMENT ☒ RESOLUTION ☐ OTHER QUASI-JUDICIAL ☐ YES ☒ NO Objective: Utilities staff is requesting the Town Board approve a grant application to the Department of Local Affairs (DOLA), Energy and Mineral Impact Assistance Funds (EIAF) for their Broadband Initiative planning and Implementation grant program for Trailblazer Broadband Design and Construction. Present Situation: The DOLA EIAF grant applications are open for submission on a rolling basis and the Utilities Department is interested in submitting a grant application to expedite Trailblazer expansion and completion. The Town has completed installation of services in what is considered as high-density areas and now needs to turn its attention to the lower density areas which are more expensive to construct because of distances. The current construction buildout plan has P&C completing buildout in 2023 for these lower density areas. Staff are currently drafting this application and this memo outlines the content of the application. Utilities staff learned of this opportunity on March 30, 2022, and drafted this Board memo and accompanying resolution accordingly. Proposal: This grant application has several components: 1. Final design for construction to Glen Haven, Allenspark and on US Highway 34 (east of Town) all within the Utilities Department services area. Page 69 2.A portion of the construction for installing broadband services to “curb” to Glen Haven, Allenspark and US Highway 34. 3.Design on US Highway 36 in cooperation with the Colorado Department of Transportation (CDOT) and their fiber project between Estes Park and Lyons for potential service Pinewood Springs, Big Elk Meadows and points between. The proposed area described in Item 3 above is for design only. These communities are included in the Estes Park School District and the Hospital District making them a natural fit for the Town to support. This proposal is for design and does not obligate the Town to serve this area. Advantages: ●Approving this grant application provides an opportunity for the Town to receive funds to expedite Trailblazer and completion Glen Haven, Allenspark and east US Highway 34. ●This effort will support the initial steps required to bring broadband to Pinewood Springs and Big Elk Meadow. Disadvantages: ●A match is required; however, the Utilities Department will use budgeted construction funds to meet this requirement. ●This grant support does not support installation to premise; however, the Utilities Department has plans and funds to support this. Action Recommended: Utilities staff recommend to the Board to approve Resolution 34-22 for staff to submit this grant application. Finance/Resource Impact: Project name: Trailblazer Broadband Design and Construction for Estes Valley Project cost: $26M, Funded Grant amount requested: Less than $500,000 – final amount is to be determined Maintenance and ongoing costs are funded by revenues from service. Level of Public Interest The level of public interest will be high for those in these remote locations. Sample Motion: I move for the approval of Resolution 34-22. Attachments: 1.Resolution 34-22 2.2022 DOLA EIAF Grant Application Page 70 RESOLUTION 34-22 A RESOLUTION APPROVING AN APPLICATION FOR GRANT FUNDING FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR BROADBAND INITIATIVE PLANNING AND IMPLEMENTATION WHEREAS, the Department of Local Affairs has a grant funds available for planning and implementing broadband services; and WHEREAS, it is reasonable and appropriate for the Board of Trustees to support this grant application for broadband expansion and completion. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board hereby approves the submission of a grant application to the Department of Local Affairs for broadband planning and implementation support. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 71 Cycle 22-06 EIAF Application 1 FY 2022: Cycle 22-06 EIAF Tier I/Tier II Funding Application Status: Filed On: Filed By: Reviewed On: Reviewed By: Reviewer Notes: Application Overview You are required to work with your Regional Field Manager prior to completing your application. The Department of Local Affairs’ (DOLA) Energy and Mineral Impact Assistance Fund (EIAF) program was created to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals an d mineral fuels. Funds come from the state severance tax on energy and mineral production and from a portion of the state’s share of royalties paid to the federal government for mining and drilling of minerals and mineral fuels on federally-owned land. The creation of the fund is outlined in C.R.S. 34-63-102 (Federal Mineral Lease) and C.R.S. 39 -29-110 (Severance). Grant dollars are to be awarded for the planning, design, construction, and maintenance of public facilities and for the provision of services by political subdivisions. Requests in this Cycle 22-06 may be for either Tier I: up to $200,000 or Tier II: over $200,000 and up to $750,000 with a 1:1 match requirement for any application. Tier I award notifications are anticipated early May. Tier II applicant presentations are scheduled for early June 2022 with funding decisions anticipated later that same month. For more information and additional documentation on the EIAF program, please go to the program website at: https://cdola.colorado.gov/energymineral-impact-assistance-fund-grant-eiaf PLEASE NOTE: The Principal Representative and Responsible Administrator in Section A MUST be a different person and MUST have different email addresses in order for the application to be accepted. A.APPLICANT/CONTACT INFORMATION 1. Select Your Organization: * The list is filtered to eligible organizations. If you do not see your organization listed, please contact DLG at 303 -864- 7720 for further assistance. In the case of a multi-jurisdictional application, please select the lead organization. Select from a dropdown menu. In the case of a multijurisdictional application, select the other participating eligible organizations: Select from a dropdown menu. 2. Principal Representative: (In the case of a multi-jurisdictional application, principal representative of the lead organization.) Who will this be? Ho norific: First Name: * Middle Name: Last Name: * Suffix: Role: * Select from a dropdown menu. Mailing Address: * Address 2: City: * State: * Zip Code: * Phone Number: * Attachment 2 Page 72 Cycle 22-06 EIAF Application 2 Email Address: * 3. Responsible Administrator (will receive all mailings) for the application: An important position because of correspondence w DOLA Honorific: First Name: * Linda Middle Name: Last Name: * Swoboda Role: * Select from a dropdown menu. Mailing Address: * PO Box 1200 Address 2: City: * Estes Park State: * CO Zip Code: * 80517 Phone Number: * 970-577-4790 Email Address: * lswoboda@estes.org B. CHIEF ELECTED OFFICIAL INFORMATION Please provide contact information for the chief elected official. Name * Wendy Koenig In case of a multi-jurisdictional application, chief elected official of the “lead” political subdivision. Title * Mayor Street Address * 170 MacGregor Ave City * Estes Park State * CO Please use the two-letter abbreviation Zip * 80517 Phone * 970-577-4777 Email Address * TownClerk@estes.org C. PROJECT DESCRIPTION a. Project Title * Begin the project name with your community name. Example: "Monte Vista Project Name " or "Lincoln County Project Name". Linda, Reuben Make this descriptive + for the TB Memo b. Total amount requested * The amount requested should equal “Grant Request Total” line in the project budget attached in Section N. c. Matching funds * d. For public potable water and public wastewater projects only Are you willing to discuss any portion of your match being a DOLA loan (5% interest & 20 -year term)? Select from a dropdown menu. NA e. Describe the problem, opportunity or challenge that resulted in the request. * (2,500 character limit) Challenge not like a subdivision - houses can be further away into the property – this is more costly Page 73 Cycle 22-06 EIAF Application 3 f. Description of the project scope of work * Description of the various tasks involved in the project including specific data such as quantities, mile age, square feet, linear ft. etc., as well as specific project location within the city and/ or county etc. Please be specific to the project. (2,500 character limit) More details Allenspark is about 15 miles away and Glen Haven about 6 g. Local priority If more than one application from the same government (1 of 2, 2 of 2, etc.) Select from a dropdown menu. [for any of the dropdown menus we can view this through screen share] 1 of 1 h. Have you contacted your DOLA Regional Manager to discuss this project? * You are required to contact your DOLA Regional Manager prior to submitting your application. Please indicate the date and method of your contact with your Regional Manager. Select from a dropdown menu. h.1 Date * February 10, 2022 h.2 Method of contact * virtual mee ting i. Supporting documents Upload any supporting documents (studies, preliminary reports, letters of support, etc.) as a single PDF document. Support letters? Fire departments C2 Allenspark and Glen Haven Businesses? Town employees – on-call (considered Estes Valley) – Linda EDC Broadband report D. DEMONSTRATION OF NEED The statutory purpose of the Energy and Mineral Impact Assistance program is to provide financial assistance to “political subdivisions socially or economically impacted by the development, processing or energy conversion of minerals and mineral fuels.” a. Demonstration of need * Why is the project needed at this time? (2,500 character limit) Importance to be prepared for school students learning remotely and for workers who can work remotely High priority for the State, Governor Economy – shopping online More and more business is online – government services b. Does this project address the stated need? * Does this project, as identified in this application, completely address the stated need? If not, please describe additional work or phases and the estimated timeframe. Do you anticipate requesting Energy and Mineral Impact Assistance funds for future phases? (2,500 character limit) Can you get these segments done with support from the DOLA grant? If yes, then do not need to come back to DOLA for these specific segments – this is preferred Page 74 Cycle 22-06 EIAF Application 4 c. Duplication of services * Does the project duplicate service capacity that exists at this time? Does it expand, enhance or leverage work being done on other existing efforts? Is the service inadequate and has consolidation of services with another provider been considered? (2,000 character limit) No. there is no highspeed internet in these areas. There are some internet services but not to the service level offered by the Town. d. What are the consequences if the project is not awarded funds? * (2,000 character limit) Delay installing fiber. People are without highspeed, reliable and affordable internet including students learning remotely and workers (contributing to the economy) These 2 areas are challenging and expensive – because of distances and low density E. MEASURABLE OUTCOMES a. Describe the expected measurable outcomes * How will the project enhance the livability* of your region, county, city, town or community? Examples would include constructing a new water plant to eliminate an unsafe drinking water system and provide safe and reliable drinking water; the construction of a new community center would provide expanded community services, or projects achieving goals regarding energy conservation, community heritage, economic development/diversification, traffic congestion, etc. *(Livability means increasing the value and/or benefit in the areas that are commonly linked in community development such as jobs, housing, transportation, education, emergency mitigation, health and environment) (2,500 character limit) Increase the value of housing Smart Grid: obtain immediate and useful information on power outages. Safer fire mitigation. Respond to down lines. Business support with broadband. School children learning from home & doing their homework. New business support and startup (record number of people starting their own business since the pandemic) b. Energy efficiency * Will this project implement an energy efficiency/strategy that could result in a reduction of the community carbon footprint, increased conservation of energy, or does it capitalize on renewable energy technology? If yes, please describe. (2,500 character limit) Reuben **** Remote work reduce travel in vehicles PRPA renewables Enhances Future monitoring – the use of renewable energies. Power credit, etc. F. POPULATION AND LOCAL EFFORT a. Current population * Current/most recent conservation trust fund/lottery distribution estimate, State Demographer estimate, or a projection based on the communities’ percentage of overall county population is acceptable. a.1 Current population estimate source * 5,904 US Census 2020 b. 5 year population projection * 7,500 b.1 Population projection source * Page 75 Cycle 22-06 EIAF Application 5 State Demography Office using county projection between 2040 and 2045 c. Relationship to Community Goals * Is the project identified in the applicant’s budget or a jurisdictionally approved plan (e.g. capital improvement plan, equipment replacement plan, comprehensive plan, utility plan, road maintenance and improvement plan or other local or regional strategic management or planning document)? Does the project consider, expand, and leverage existing activities to reduce potential redundancy or conflicts; maximize efforts; and best utilize resources to align with existing community goals? (2,500 character limit ) [List any and all plans, studies, etc. that reference this project] Town Board Strategic Plan ? CIP EDC broadband study Others? Statewide broadband plans and priorities? d. Why can't this project be funded locally? * (2,500 character limit) Challenges of these 2 areas, most costly because (inflation, supply chain, proximity to central “huts”, distances, low density – not like a subdivision, etc.) Needed more “huts” to reach these areas. Higher costs to service. e. Has this project been deferred because of lack of local funding? If so, how long? * (2,500 character limit) Scheduled these areas at the end of the project because of low density and distances. Wanted to get to high density first for revenue. Costs are higher. Need financial assistance for the gap between the original estimates and actual costs due to many factors f. Explain the origin and status of your local cash match. * (Note: Whenever possible, local government cash match is on a dollar for dollar match to the award amount.) Are the local matching funds committed or pending? If pending, when will the status of those funds shift from pending to committed? If funding is awarded and in-kind contributions are included in the project budget, detailed tracking of in- kind will be required. (2,500 character limit) Ask Chris La May about using revenue bond as a cost share. Yes, Committed. g. Community partners * What other community entities, organizations, or stakeholders recognize the value of this project and are collaborating with you to achieve increased livability of the community? Please describe how you and your partners are addressing problems across multiple sectors (community, economic, housing, natural resources, etc.) through this project. (2,500 character limit) Same as support letters School (students & staff who live in this area), fire dept in Glen Haven and Allenspark, businesses (wedding venues along Hwy 7, working remotely), residents (who live in Glen Have and Allenspark)?? Testimonies from those who now have TrailBlazer? h. Tax rate, usage charges, or fees * Have the applicant’s tax rates, user charges or fees been reviewed recently to address funding for the proposed project? Select from a dropdown menu. Page 76 Cycle 22-06 EIAF Application 6 h.1 Tax rate or usage charge modifications If the tax rate, user charges or fees were modified, what was the modification and when did this change occur? (2,000 character limit) This project is still new and buildout phase is in progress so a review is not needed at this time. Continuously check with rates in the Front Range as a comparison. Plan to conduct fee reviews following buildout. And have competition for internet services so want to be competitive and to get people to sign up to reach a critical mass. a. Has the applicant contacted energy/mineral companies to discuss the project? * (1,000 character limit) No. There is no mining in Estes Park. G. READINESS a. When will the project begin? * (Months) Select from a dropdown menu. 6-9 months b. What is the time frame for completion? * Select from a dropdown menu. 12 months c. Is design or engineering a component of this project? * Select from a dropdown menu. No c.1 What additional design or engineering work remains? What percentage of design work is complete? If this is a design-build project, please describe project status below. (2,500 character limit) Work w GIS to finalize plans – detailed design review for construction – could this be part of the cost share? (Linda to check on this) c.2 How were project cost estimates determined? * How did the applicant develop project cost estimates? (2,500 character limit) Through a DOLA engineering grant and staff followed up with this original design to detail costs c.3 Is the project supported by bids, professional estimates or other credible information? * Select from a dropdown menu. Yes. c.3.i Bids/ estimates Please attach a copy of any supporting documents. (PDF Document) Bill of Materials estimates from the engineer and have continuously updated this. Overhead contracted due to lack of staff resources, and have contracted out trench work. Contractor to pull fiber and splice All contractors were award through a competitive procurement process Will use these same contractors for the proposed areas c.4 Are any Local, State or Federal permits required before the project can proceed? * If yes, please describe and note the status of permit acquisition. (2,500 character limit) Following existing power line and if needed will obtain permits prior to construction. Possible CDOT permit if crossing highways. Will work with Boulder and Larimer Counties as required. Existing Utilities Easement Page 77 Cycle 22-06 EIAF Application 7 d. State historic registry designation * Is the project on a State registered historic building, structure, site, or in a State Historic District? Select from a dropdown menu. No d.1 State historic registry number If the project is on the state registry, please provide the registry number. DOLA may need to seek a determination of effect from History Colorado and the State Office of Archaeology and Historic Preservation. Within the existing Utilities easement d.2 Attach supporting documents (if applicable) If on State Historic Registry, upload any documents related to its listing on the Registry. (PDF Document) H. ENERGY & MINERAL RELATIONSHIP a. Community energy or mineral impact * Describe how the applicant is, has been, or will be impacted by the development, production, or conversion of energy and mine ral resources. (2,500 character limit) Estes Park is socially and economically impacted by the fuel industry based on our geographical location within Larimer County, and as the primary gateway community to Rocky Mountain National Park (RMNP). The Park is impacted by many sources of air pollution including vehicles, power plants, agriculture, fire, oil and gas, and other industries. Air pollutants blown into the park and Estes Valley can harm natural and scenic resources such as soils, survey water, plants, wildlife and visibility. (Park Air Profiles Rocky Mountain National Park 11/19/2019). Air quality is a concern for the Town with substantial traffic congestion and idling gas combustion engine cars during the very busy visitor months. The currently updating its Comprehensive Plan and transportation is substantial component. The Town was awarded a DOLA Renewable Energy Challenge Grant to develop an Electric Vehicle Infrastructure and Readiness Plan in 2020. The Town also received 2 Federal Transit Administration grants to purchase 2 electric trolleys (buses) for our shuttle fleet. The Town has a number of public EV charging stations. As an affordable destination for families along the Front Range and for individuals who want an out recreational experience, Estes Park is accessible to those working in the oil and gas industry in Larimer and Weld Counties. b. Use data * Cite actual use data that documents direct impact as it relates to the need for the project. For example: “heavy truck traffic directly related to energy development activities is impacting County Road X. A traffic count done in May 2021 showed energy-related truck traffic increased from 100 trips per day to 300”, or “there are X number of oil and gas wells, storage facilities, transfer stations, miles of pipeline in the municipal or county boundaries.” (2,500 character limit) “Park Air Profiles – Rocky Mountain National Park” https://www.nps.gov/articles/airprofiles-romo.htm August 16, 2021, Denver Post article on air pollution at premiere sites in Rocky. “Air Quality” National Park Service information , https://www.nps.gov/romo/learn/nature/airquality.htm “Pollution still drifting into Rocky Mountain National Park according to government report.” August 11, 2019, Denver Post Colorado Springs Gazette reports on how RMNP is suffering from air pollution. “Rocky Mountain among 96% of national parks suffering because of pollution, climate change. May 13, 2019 According to RMNP staff, 80 percent of the visitors come through the east entrances through Estes Park. This is significant traffic through this small mountain village. Traffic congestion results in idling cars trying to get through Town. I. MANAGEMENT CAPACITY a. Fund management * How will you separate and track expenditures, maintain funds and reserves for the capital expenditures and improvements as described in this project? (2,500 character limit) Page 78 Cycle 22-06 EIAF Application 8 Expenditures are identified and tracked with a project code and based on the grant agreement. A purchase order is produced before the first invoice is received. This PO encumbers funds in an established account which is tied to the project code. The Finance Policies and Procedure Manual (2011) reference purchase orders 3.4.2. A budget amendment is established upon grant award. b. Project management * Describe the technical and professional experience/expertise of the person(s) and/or professional firms responsible to manage this project, including knowledge and application of best design and management practices. (2,000 character limit) Linda c. Pro ject life cycle * Describe the funding plan in place to address any new operating and maintenance expenses generated from the project. (2,500 character limit) Linda J. RESILIENCY CRITERIA The Energy and Mineral Impact Assistance Program is required to integrate resilience criteria into the program. By bringing resiliency considerations into project planning and implementation, projects should be better poised to benefit a number of sectors (economy, health, infrastructure, etc.), minimize long-term risks, and anticipate or be better prepared to respond to changing conditions faced by Colorado communities. Oops I thought this was just a check list but they want info – new to this version of the application The 2020 Colorado Resiliency Framework provides nine Resiliency Prioritization Criteria that can serve as a guide when planning a project to enhance its long-term resilience. More information on the Resiliency Prioritization Criteria can be found at www.coresiliency.com . Below, please select Yes/No/NA for all of the criteria that can be considered to apply to your project and describe how the project will increase the community's long-term resilience and ability to anticipate, withstand, and/or rebound from a natural or manmade hazard event. Some of the nine criteria are incorporated into other questions in this application and if any of the below criteria have been addressed in another part of the application, you may reference that section in responses below. Your project may not meet all of the criteria below and if you feel that a criterion does not apply to your project, please select N/A. a.1 Adaptive capacity: Select from a dropdown menu. * Briefly describe how this project includes flexible and adaptable measures that consider future unknowns of changing climate, economic, or social conditions. * (1,000 character limit) Smart Grid will provide opportunities for to adapt to constantly changing issues arising from climate change, economic and social conditions. Also, reliable and high -quality broadband supports emergency communications in the event of disasters and emergencies. a.2 Co -benefits: Select from a dropdown menu. * Briefly describe how this project will provide solutions that address problems across multiple sectors (community, economic, housing, natural resources, etc.) to the most benefit. * (1,000 character limit) Reliable and high-quality broadband will provide opportunities including the economy in the area of tech companies start up, working remotely so that people could live anywhere. Online services continue to increase includes government services, shopping, tele-medicine services, and many others that benefits individuals and families. School students will experience the benefit of having reliable internet for homework and on days that cannot attend in-person learning (illnesses, snow) Natural resources? a.3 High risk and vulnerability: Select from a dropdown menu. * Briefly describe how this project addresses the reduction of risk to human well-being, physical infrastructure, and natural systems.* (1,000 character limit) Page 79 Cycle 22-06 EIAF Application 9 Highspeed, reliable and affordable broadband access would make a difference in households learning about disaster, emergencies and evacuations. Physical infrastructure? Natural systems? a.4 Long -term and lasting impact: Select from a dropdown menu. * Briefly describe how this project creates long-term gain for the community with solution(s) that are replicable and sustainable for both present and future generations.* (1,000 character limit) Internet services have long-term benefits to individuals, families, the community, businesses, schools, medical services, because reliable, high-speed and affordable online services is just as important as other utilities (water and power). a.5 Social equity: Select from a dropdown menu. * Briefly describe how this project provides solutions that are inclusive of populations that may be under stress (elderly, under-employed, minority, etc.) and which are often more fragile and vulnerable to sudden shocks and impacts. * (1,000 character limit) This is a service -wide effort. The Town’s Utilities Dept is offering this service everywhere without discrimination. The pricing point is such that it is affordable to households. not applicable K. HIGH PERFORMANCE CERTIFICATION (HPCP) PROGRAM COMPLIANCE Colorado Revised Statutes (C.R.S. 24-30-1305.5) requires all new facilities, additions, and renovation projects that meet the following criteria to conform with the High Performance Certification Program (HPCP) policy adopted by the Office of the State Architect (OSA) if: ● The project receives 25% or more of state funds; and ● The new facility, addition, or renovation project contains 5,000 or more building gross square feet; and ● The building includes or will include an HVAC system; and ● In the case of a renovation project, the cost of the renovation exceeds 25% of the current value of the property. The HPCP requires projects that meet the criteria above to achieve third party verification with the target goal of LEED Gold or Green Globes-Three Globes. Projects are strongly encouraged to meet the Office of the State Architect’s (OSA) Sustainable Priorities in addition to the LEED prerequisites. Projects funded through DOLA that meet the above applicability criteria are required to complete the DOLA registration and tracking process. See DOLA’s HPCP web page at https://cdola.colorado.gov/community-development-planning/high-performance-certification-program for more information or contact your DOLA Regional Manager. In instances where achievement of LEED Gold or Green Globe-Three Globes certification is not achievable, an applicant may request a modification of the HPCP policy or a waiver if certain conditions exist. DOLA staff will work with applicants to identify workable solutions to meet the program’s intent to maximize building energy efficiencies. Note: If this application is for design services for a planned building project that meets the HPCP applicability criteria an d the applicant intends to seek state funding for 25% or more of the total project cost, then the design should maximize high performance building certification standards (by completing the HPCP checklist) and build in anticipated project costs, as appropriate. a. HPCP applicability * Is the applicant seeking state funding from all state sources for 25% or more of the total project cost (including all project phases, if applicable)? If no, the project does not meet the HPCP requirements and a HPCP registration checklist does not need to be completed. Select from a dropdown menu. b. HVAC details Does the building include an HVAC system or will it because of this project? Select from a dropdown menu. b.1 Type of HVAC system Page 80 Cycle 22-06 EIAF Application 10 Please select whether the HVAC is an upgrade or a new system from the following drop down: c. Project type Please select the type of construction project. Select from a dropdown menu. c.1 Square footage in excess of 5,000 square feet Is the building square footage (new construction and/or renovation) 5,000 SF or more? Select from a dropdown menu. c.2 Building square footage What is the building square footage; indicate whether the square footage is new, renovation, or both. (500 character limit) d. For renovation projects only, does the cost exceed 25% of the current value of the property? Select from the drop down list. d .1. What is the current property value? Current property value is determined on the assessed or appraised value. What is the total project cost for the renovations? Please provide both amounts in your response. (500 character limit) e. Does this project meet the HPCP criteria? If you answered “yes” to questions a and b, then your project likely meets the HPCP applicability criteria and you must complete the HPCP registration form and preliminary checklist and upload below. (See DOLA’s HPCP web page for registration and checklist form.) Select from a dropdown menu. e.1 HPCP registration form and checklist If you answered yes above, please upload the HPCP registration and checklist form from https://cdola.colorado.gov/high-performance-certification-program in an Excel format. f. Third party verification Have you included any costs in the budget for this grant application for third party verification to comply with the High Performance Certification Program? Select from a dropdown menu. f.1 Third party verification cost If you answered yes above, please specify the estimated cost for third participation verification/ certification. (500 character limit) f.2 Third party verification resources Will you need assistance locating resources, third party consultants, or technical assistance for HPCP third party verificatio n requirements, preparing cost estimates, or otherwise complying with the HPCP? Select from a dropdown menu. f.2.i Third party verification resources required If you answered yes above, please describe the type of resource identification assistance you need. (1,000 character limit) L. ENVIRONMENTAL REVIEW Indicate below whether any of the proposed project activities: a. Will the project be undertaken in flood hazard areas? * Select from a dropdown menu. No a.1 List flood plain maps/studies reviewed. Describe alternatives considered. (2,000 character limit) NA b. Will affect historical, archaeological, or cultural resources or be in a geological hazard area? * Select from a drop down menu. No Page 81 Cycle 22-06 EIAF Application 11 b.1 If yes, describe alternatives considered and mitigation proposed. (2,000 character limit) NA c.Address any other public health or safety related concerns not previously identified * Select from the drop down menu NA c.1 If yes, please explain. (2,000 character limit) NA M.FINANCIAL INFORMATION (CURRENT YEAR) Please download and complete an Applicant Financials Template with the lead agency information as well as any co- applicants on this application. The Applicant Financials Template is on the DOLA website under Forms and Resources tab at https://cdola.colorado.gov/funding-programs/energy/mineral-impact-assistance-fund-grant-eiaf. a.Financial Information Upload Please upload the completed Project Financials in an Excel format and name it: <Organization>Financials.xls. Example: “LincolnCountyFinancials.xls” * [to be completed by Duane – will present this spreadsheet to Duane AFTER we talk with Chris La May on Thurs Feb 10 – Linda and Reuben should do this] N. PROJECT BUDGET Please download and complete the Budget Template with the lead agency information as well as any co-applicants on this application. The Budget Template is on the DOLA website under Forms and Resources tab at: https://cdola.colorado.gov/funding-programs/energy/mineral-impact-assistance-fund-grant-eiaf. Please upload the completed Project Budget in an Excel format and name it: <OrganizationBudget.xls. Example: “LincolnCountyBudget.xls” * See spreadsheet in Google Drive – Linda to complete O.TABOR COMPLIANCE a.Voter authorization * Does the applicant jurisdiction have voter authorization to receive and expend state grants without regard to TABOR spending limitations? Select from a dropdown menu. Yes a.1 If yes, please explain (500 character limit) Yes. The voter within the Town approved retention of all revenue in excess of the TABOR limitation, Nov 2000. a.2 If no , would receipt of these grant funds, if awarded, result in the local government exceeding revenue limitations, prompting a refund? Select from a dropdown menu No b.Affirm Local Government Attorney has confirmed this TABOR statement * Select from a dropdown menu. Yes P. OFFICIAL ACTION a.Date of official Board, Council or Commission action * Enter the date that this application was approved for submission to DOLA by the Board, Council or Commission. a.1 Enter Date Feb 22, 2022 Page 82 13 April 2022 Ms. Jackie Williamson, Town Clerk Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Ms. Williamson: The Estes Park Housing Authority recommends Ms. Julia for the Estes Park Housing Authority, for a five-year term. If approved by the Board of Trustees, Ms. Daley will serve a five-year term commencing on May 1, 2022 and expire on April 30, 2027. We respectively request the Board of Trustees accept our recommendation. The EPHA commissioners are confident that their commitment to our board and to housing in this community will both compliment and mirror that of the Trustees. Should you have any questions or concerns on this matter, please do not hesitate to call. Sincerely, Naomi M. Hawf Executive Director Estes Park Housing Authority (970) 591 2535 nhawf@estes.org Page 83       Page 84 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1. MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 1.A, RESOLUTION 35-22, GOLDEN LEAF MINOR SUBDIVISION, 325 AND 327 JAMES STREET, MARK AND RENAE ADELMANN, OWNER/APPLICANT, VAN HORN ENGINEERING, APPLICANT’S REPRESENTATIVE.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application.  Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2. STAFF REPORT.  Review the staff report.  Review any conditions for approval not in the staff report. 3. APPLICANT.  The applicant makes their presentation. 4. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5. REBUTTAL. Page 85 2  The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. 6. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the application.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. Page 86 Community Development Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: April 26, 2022 RE: Resolution 35–22, Golden Leaf Minor Subdivision, 325 and 327 James Street, Mark and Renae Adelmann, Owner/Applicant, Van Horn Engineering, Applicant’s Representative (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing to consider and make a decision on the Golden Leaf Minor Subdivision. Present Situation: The 4.44± acre subdivision property is within an E-1 (Estate) Zone District. Currently there are two residences on the property, with the smaller residence located to the northeast originally constructed in 1936, and a larger, two-story residence to the east and center dating from 1924. Proposal: The applicant requests approval of the Golden Leaf Minor Subdivision, platting three lots: Lot 1, 1.13 acres, containing the smaller residence. Lot 2, 1.83 acres containing the larger residence. Lot 3, 1.47 acres, vacant land. Section 3.7.A.2 of the Estes Park Development Code (EPDC) allows a staff Minor Modification of up to 10%, which includes modifications to minimum lot area. Section 7.1 of the EPDC requires an Adjusted Minimum Lot Area for slopes that exceed 12%. Page 87 Slope calculation for Lot 1 requires a minimum area of 1.23 acres. In order to allow for better lot configuration, staff has approved a Minor Modification for a reduced lot area of 1.13 acres, an 8% difference. Review Process, Criteria EPDC §3.9.E., All subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, “Subdivision Standards,” and all other applicable provisions of Code. Depending upon the complexity of the project, the criteria below may be a brief summary of the standards of review or may involve a more detailed analysis of the standards based upon issues relevant to any particular project. 1. Water. Town water service is provided to the two developed lots, and is available to undeveloped Lot 3. There is Town water infrastructure in this area. However, improvements are required including relocating some lines, and installation of a new section of water main and a hydrant. A condition of approval is recommended to guarantee completion of the water system improvements. 2. Sewer. Existing sanitary sewer service is from the Estes Park Sanitation District. Central sewer service is provided to the developed lots, and is available to undeveloped Lot 3. The District is requiring improvements, including realigning some lines and installing a new manhole. A condition of approval is recommended to guarantee completion of the sewer system improvements. 3. Access. Each of the three proposed lots have access from James Street. 4. Sidewalk/Trails. N/A. Public Works has determined curb, gutter and sidewalk requirements are not applicable to the Golden Leaf Minor Subdivision. 5. Mapped Hazard Areas. The subject property is not within flood or geologic hazard areas. 6. Comprehensive Plan. The property is located within the Fall River Planning Sub-Area. The Comprehensive Plan recognizes existing uses such as single- family and accommodation uses, with discouragement of future commercial convenience type uses. There would be no changes to the single-family land use allowed under the existing E-1 zoning proposed with this subdivision. • The proposed subdivision creates an additional single-family lot with an existing single-family home, and supports the following policies Chapter 6 Community-Wide Policies, Section 5.0 Housing:5.1 Encourage a variety of housing types and pricing. Page 88 • 5.2 Encourage housing for permanent residents of all sectors of the community that is integrated and dispersed throughout existing neighborhoods. Advantages: Provides for separate lots for the two existing residences and adds one additional residential building site. The aging water and sewer system would be improved to current standards. Disadvantages: New residential development could slightly increase traffic in this part of Estes Park. Action Recommended: After continuing the application from their January 10, 2022 meeting, the Estes Park Planning Commission unanimously recommended that the Town Board approve the Golden Leaf Minor Subdivision on March 15, 2022, with the following findings and condition of approval: Findings 1. The Minor Subdivision complies with applicable standards set forth in the EPDC. 2. The Minor Subdivision complies with the applicable goals and policies set forth in the Comprehensive Plan. 3. The Planning Commission is the Recommending Body for the Minor Subdivision Plat. 4. Adequate public facilities are available to serve the proposed projects. 5. This request has been submitted to all applicable reviewing agency staff for consideration and comment. Condition 1. Prior to recordation of the Golden Leaf Minor Subdivision, the owner/applicant shall guarantee installation of public improvements for water and sewer infrastructure per recommendation of the Town Utilities Department and the Estes Park Sanitation District. This may involve installing the improvements or submitting an improvement agreement consistent with the requirements of the Estes Park Development Code. Please note: To improve clarity, staff and the Town Attorney have slightly revised the wording of the above Condition in the attached Resolution as follows: 1. Prior to recordation of the Golden Leaf Minor Subdivision plat, the owner/applicant shall guarantee installation of public improvements for water and sewer infrastructure as required under the Estes Park Development Code, in the reasonable determination of the Community Development Director or designee. This may involve installing the improvements and acceptance by the Town or execution of an improvement agreement in the form and manner approved by the Town. Finance/Resource Impact: None. Page 89 Level of Public Interest Low. Staff provided public notice of the application in accordance with Town and State public noticing requirements. As of the time of writing this report, no written comments have been received for the application. •Written notice mailed to adjacent property owners on April 8, 2022. •Legal notice published in the Estes Park Trail-Gazette on April 8, 2022. •Application posted on the Town’s “Current Applications” webpage as of December 14, 2021. Written comments will be posted to www.estes.org/currentapplications if received after finalization of this staff memo. Sample Motions: 1.I move to approve Resolution 35-22. 2.I move to deny the application for approval of the Golden Leaf Minor Subdivision finding that … [state findings for denial]. 3.I move to continue Resolution 35-22 to the next regularly scheduled meeting. Attachments: 1. Resolution 35-22 2.Vicinity/Zoning Map 3.Application 4.Statement of Intent 5.Golden Leaf Subdivision Plat Page 90 RESOLUTION 35-22 APPROVING GOLDEN LEAF MINOR SUBDIVISION WHEREAS, an application for the Golden Leaf Minor Subdivision, on a property addressed as 325 James Street, was filed by Mark and Renae Adelmann (owner/applicants); and WHEREAS, the Golden Leaf Minor Subdivision proposes three (3) lots on a parcel approximately 4.44 acres in size, located within an E-1 (Estate) Zoning District; and WHEREAS, the three lots created by the Golden Leaf Minor Subdivision are proposed to be 1.13, 1.83, and 1.47 acres in size; and WHEREAS, a public meeting was held before the Estes Park Planning Commission on March 15, 2022, at the conclusion of which the Planning Commission voted to recommend approval of the Minor Subdivision with the following findings and condition of approval: Findings 1.The Minor Subdivision complies with applicable standards set forth in the EPDC. 2.The Minor Subdivision complies with the applicable goals and policies set forth in the Comprehensive Plan. 3.The Planning Commission is the Recommending Body for the Minor Subdivision Plat. 4.Adequate public facilities are available to serve the proposed projects. 5.This request has been submitted to all applicable reviewing agency staff for consideration and comment. Condition 1.Prior to recordation of the Golden Leaf Minor Subdivision, the owner/applicant shall guarantee installation of public improvements for water and sewer infrastructure per recommendation of the Town Utilities Department and the Estes Park Sanitation District. This may involve installing the improvements or submitting an improvement agreement, subject to review and approval by Community Development; and WHEREAS, a public hearing, preceded by proper public notice, was held by the Board of Trustees on April 26, 2022 and at said hearing all those who desired to be heard were heard and their testimony recorded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Golden Leaf Minor Subdivision is hereby approved, with the following findings and condition of approval: Findings 1.The Minor Subdivision complies with applicable standards set forth in the EPDC. 2.The Minor Subdivision complies with the applicable goals and policies set forth in the Comprehensive Plan. 3.Adequate public facilities are available to serve the proposed projects. 4.This request has been submitted to all applicable reviewing agency staff for consideration and comment. Condition 1.Prior to recordation of the Golden Leaf Minor Subdivision plat, the owner/applicant shall guarantee installation of public improvements for water and sewer infrastructure as required under the Estes Park Development Code, in the reasonable determination Attachment 1 Page 91 of the Community Development Director or designee. This may involve installing the improvements and acceptance by the Town or execution of an improvement agreement in the form and manner approved by the Town. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 92 SITELOCATION UnincorporatedLarimer County UnincorporatedLarimer County W W ONDERVIEWAVE MARIGOLD LN PRIVATEDR W ELKHORN AVE SUNNY ACRE S C T ROC K R I D G E R D FAR VIEW DR SUNNYLN P R I VATE D R F A L L R I V E R L N O L D R A N G E R D R PRIVATEDR SWEET SAG ELN FILBEY C T O L D M A N MOUNTAIN L N FAR VIEW LNJAMESST P R I VATED R VA L L E Y R D A A A-1 CO E E-1 RE-1 RM For illustrative purposes only. IGolden Leaf Minor Subdivision Zoning, Vicinity Printed: 4/7/2022Created By: Jeff Woeber Attachment 2 Page 93 ::::::==:: Type of Application - • .. •II •• Development Plan Special Review Preliminary Subdivision Plat Final Subdivision Plat • Minor Subdivision Plat Amended Plat • •0 General Information Project Description Project Address Existing Land Use Proposed Land Use Existing Water Service Proposed Water Service Existing Sanitary Sewer Service Proposed Sanitary Sewer Service ESTES PARK PLANNING DEPARTMENT APPLICATION PLEASE CHECK ONLY ONE BOX 0 Boundary Line Adjustment 0 ROW or Easement Vacation 0 Street Name Change Time 0 Rezoning Petition 0 Annexation Request w Condominium Map O Preliminary Map O Final Map 0 Supplemental Map D Well D None D Other (specify) Dwell D None D Other (specify) 121 EPSD 0 UTSD □Septic G:::(EPSD □UTSD □Septic Is a sewer lift station required? Existing Gas Service �eel [B"Yes □No D Other □None □None Existing Zoning __ £_-_I _______ Proposed Zoning ______________ _____ Site Access (if not on public street) Are there wetlands on the site? D Yes �o Site stakin must be completed at the time application is submitted. Complete? lJs1' Application fee @ Statement of intent � 2 copies (folded) of plat or plan (ig 11" X 17" reduced copy of plat or plan � Digital Copies of plats/plans in TIFF or PDF format emailed to planning@estes.org � Sign Purchase ($10) Please review the Estes Park Development Code Appendix B for additional submittal requirements, which may include ISO calculations, drainage report, traffic impact analysis, geologic hazard mitigation report, wildfire hazard mitigation report, wetlands report, and/or other additional information. Town of Estes Park� P.O. Box 1200 � J 70 MacGregor Avenue .q. Estes Park, CO 80517 Community Development Department Phone: (970) 577-3721 � Fax: (970) 586-0249 .q. www.estes.org/CommunityDevelopment Revised 2020.04.23 ks Attachment 3 Page 94 Re cord Owner(s) _....!.....;!...IJ"41!i..!::=--:.:1,..___.'-.il��..L--L.�,S.J..SL.!�':J.C.'4,,j=.,i,...:...=.c:.aa��c....-=:=:c.L1.J�----1 Mailing Address _---+f.Ll..-.....::::;..:...-�IU,Li��-=..t ---.i1--'---'"-&1�.a&Air.u:;a,;c;-�.c.-l..'-t..11111....._ _____ --1 Phone _ _:;;�-=----=�----=:;.l,'-1--,,_ ____________________ ....... Cell Phone ---=-�=-----...... ...._ __ ..._....__ ____________________ _ Fax ----------------------------------1 Email Applicant ----l�..;.....;:...._.....:..L.J,,.:::--.1���.....;.--:---�-'""'T'--------------1 Mailing Address _ _,..-...a...-.--1�-..s...1.--�-"-""=------=='-""----------------1 Phone _ _.......,..:...._,,,,. ............ -t,i,----.,,.,...�-----'""'"'+--'-----' ...... ....._ ____________ ...... Cell Phone -�--...r...a::;.....,�::;;....;::;.....:::;;...._......,__.___.,---==--------------------1 Fax ----------------------------------- Em a ii .C.0� Consultant/Eng ineer __ ..,.._re;;-4::�-+Jir--'::�,._.-....-,.. __________________ -1 Mailing Address -------------------------------- Phone ----------------------------------1 Cell Phone --------------------------------Fax ----------------------------------1 Email APPLICATION FEES For development within the Estes Park Town limits See the fee schedule included in your application packet or view the fee schedule online at www.estes.org/planningforms All requests for refunds must be made in writing. All fees are due at the time of submittal. MINERAL RIGHT CERTIFICATION Article 65.5 of Title 24 of the Colorado Revised Statutes requires applicants for Development Plans, Special Reviews, Rezoning, Preliminary and Final Subdivision Plats, Minor Subdivision Plats if creating a new lot, and Preliminary and Final Condominium Maps to provide notice of the application and initial public hearing to all mineral estate owners where the surface estate and the mineral estate have been severed. This notice must be given 30 days prior to the first hearing on an application for development and meet the statutory requirements. I hereby certify that the provisions of Section 24-65.5-103 CRS have been met. Names: Applicant PLEASE PRINT: Signatures: Date Date Revised 2020.04.23 ks Page 95 APPLICANT CERTIFICATION ►f hereby certify that the lnformatton and exhibits hereWlth submitted are true and correct to the best of my knowtedgeand that in ffflng the spptlc:atfon t am acting with the kna.Yledge and consent of the owners of the property. ►In 5Ubmitting the spplicatfQn materials and stgning this appllcatkln agn,ement, I acknoWledge and agree that theapptlcatfon rs subject to the applicable procesalng end public hearing requJrements sat forth In the Estes Park Deveq,ment Code CEPOC), ►I adcnOWledge that I � obtained or have � to the EPOC, and that. prior to filing this application, I have had theopportunity to consult the rela\lant provisions govemlng the pt00B6Slng of and-dedskJn on 1t1Et appllca1fonThe Estes Park Oevel0pment Code is available onlfne at ►I understand that acceptance of thla application by the Town of ates Park for filing and receipt of the application fee byIha Town doel not necessartty mean that the appllcaffoo ls complete under the applicable requnmenta of the EPOC. ►I understand that this proposal may be delayed in ptOC888lng by a month or more if the information provided 1sIncomplete, macc:u , or submitted after lhe deadline date, ►I understand that a resubmlttat fee wUl be charged if my appfication is tncompfete. ►The Community Devek>prnent Department wtD r,ottfY the appllcant In wrttfng of the date on Which Iha appficalion isdetermined to be complete. ►I grant permission for Town of Estes Paftc Employees and Planning COmmissfonars with Pf0P8r identfflcation access tomy property during the review of this appllcation. ►t acknowtedge that I have recefved the Estes Park Devetopment Rew,w ApplicaUon Schedule and that tatture to meetthe deadlines shown on said schedwe may resuJt In my appllcation or the approval of "ff application becomJng null andvokf. I understand that fuU fees wffl be charged for the resubmlttBI of an application that has become null and vofd Record OWner ...,PL;;,;;EASE;;.;=;.;.PRfi='NT':.;.:.. • ......._""-l;,�-�....1.,,1,.;:;... ...... �----,:,,__......a._�.:...i�....;...ji,..;....���;.,r,.;,:.Ai,;:.J-f Applicant Pr.EASE PRINT Signatures: Record Owner --�--------------- Applicant -�JaZ.f:.��..:;_.J,,li;�£.i:::E:J::::.::::::::::. ____ _ Date Page 96 Golden Leaf Subdivision Statement of Intent The following application is a request on the part of the Mark and Renae Adelmann for a 3-lot subdivision for a 4.44 acre parcel located at 325 James Street to be known as the Golden Leaf Subdivision. There are presently two dwellings on the subject property; a 3,400 s.f. house (built 1924) located near the center of the property, and a 720 s.f. house (built 1936) located near the northeast corner of the property. Both of these dwellings are accessed from a shared road connecting to James Street. It is the goal of this Minor Subdivision to separate these structures onto their own lots with separate utilities and continue the shared driveway. Lot 1 will contain the smaller single family house and a portion of the shared driveway while leaving room for future expansion on the 1.13 acre lot. Lot 2 will contain the existing main house, a portion of the shared driveway as well as the large rock outcrop and space to allow for future expansion to the west on the 1.83 acre lot. Lot 3 proposed with this Minor Subdivision is a 1.47 acre lot that would have a separate, dedicated driveway entrance to a future home near the southwest corner of the existing property. This location will provide separation and privacy from the existing homes and the neighboring parcel to the west. The surrounding properties are a mix of mostly residential and commercial development including both houses and cabins of various sizes. This property is also located directly across from the Elkhorn Lodge. The development of this parcel as three single-family lots (ranging from 1.1 to 1.8 acres in size each) will not alter the character of the neighborhood, since neighboring lots vary in size from 0.43 acres to three acres. There are several multi-acre lots in the neighborhood, some of which have been subdivided into smaller lots ranging from one half to two acres in size. The subject property is zoned E-1, and one acre minimum lots are what we are striving for and believe this is in keeping with the existing nature of the neighborhood. ACCESS Access to this three-lot subdivision will be served by the existing paved road, James Street. The two northerly lots currently have an already developed, shared entrance from James Street. The southerly lot will be serviced by a new access approximately 150 feet southwest of the existing entrance. DRAINAGE Drainage on site is discussed in a separate Preliminary Drainage Analysis. Of note in this analysis is that a local outflow culvert that diverts water that flows over a portion of Lot 3 and a portion of Lot 2 and other neighboring properties contribute to is presently clogged with rock and sediment and will need to be cleared out. It is anticipated that the property owner will work with CDOT to ensure this culvert is cleared. Utilities such as electric, water, gas, and telephone can be extended from existing utilities already on/along the property. It is to be noted that the owner of the subject parcel (325 James Street) is also the owner of an un-developed parcel (Parcel 3526100037) located east of the curve of James Street. The utility plan for this subdivision is intended to enable this property to also have access to local utilities. Easements within the Attachment 4 Page 97 subdivision to access electricity and other utilities for this purpose are as shown on the preliminary plat. ELECTRICITY Additional electric service for the southerly lot is proposed to come from the existing pole near the southerly edge of the property. A transformer will be placed at the pole at the southerly boundary of the subject parcel (over proposed Lot 3) at the time of development. An additional easement is dedicated with this subdivision to facilitate connection to the undeveloped property (Parcel 3526100037). The existing electric connections to the existing homes will be kept as-is with all electric service lines to be located in utility easements as shown on the preliminary subdivision plat. SEWER A sewer line for the southerly lot is proposed to be routed by a pressurized grinder pump to a proposed EPSD manhole located near the existing manhole along the south side of James Street just east of the existing entrance. An existing shared sewer service line comes down the south side of James Street and turns easterly through 340 James Street (Parcel 3526100034). No known easement for this sewer main across 340 James Street is known, prescriptive rights of use are assumed. EPSD has identified that the existing manhole needs to be replaced and brought up to EPSD standards due to age and not being located above the point of curvature of the existing sewer main. EPSD has expressed interest to upgrade the existing connections to this manhole as well as collecting the local sewer main into the new manhole, if possible. This change/update would therefore be mutually beneficial to the subdivision and EPSD. The existing two homes on the subject property will separate the sewer lines that currently flow in one pipe to the existing main and tie into the proposed manhole with this subdivision proposal. All sewer connections are to be trenched together within the prescriptive easement that exists on 340 James Street and will not seek new alignments, but lie along the existing alignment. WATER The closest fire hydrant and water main lies approximately 250’ northeast of the subject property on James Street. This existing water main is a 6” water main, but will be extended with an 8” water main that will extend to a proposed hydrant just west of the easterly property line of 325 James Street and Lot 1 of the proposed subdivision. This will provide sufficient fire suppression for the existing lots and as well for the new lot approximately 300’ from the hydrant. The hydrant will be located as shown on the Preliminary Subdivision Plat with a 6” tee and leave an 8” line stub to the south for any future connection. An existing water line that serves 875 West Elkhorn crosses the southerly portion of the property. A private waterline easement will be dedicated with this Minor Subdivision to cover this existing use. This water service line is very shallow and is only used seasonally. It is anticipated that this private, seasonal service line will be re-aligned from the existing location to a permanent dedicated easement along the southerly area of the proposed Lot 3 when the owner is ready to upgrade send line. If this seasonal waterline is abandoned this easement is to also be abandoned. The owner/applicant and Van Horn Page 98 Engineering has been discussing the upgrade and the re-routing of this line with the owner of 875 West Elkhorn and we will be working with the owner on the timing of this re-routing such that the seasonal line will not be disconnected until a new connection has been constructed. At this time the owner of 875 West Elkhorn wishes to discuss the re- routing in the spring when she comes back to town in the spring. If the waterline is not relocated it is understood the easement as dedicated will continue to provide rights of use and maintenance until such time as the seasonal waterline is abandoned. A water service stub will be routed for this future service from the hydrant and extended in the trenching beneath James Street and stubbed to a location in the southerly portion of the R-O-W for James Street south of Lot 1. The existing service lines for the two northerly lots will also be separated into individual service lines and will connect to the proposed water main that will be routed along James Street. This main will provide future separate services for proposed Lot 3 and Parcel 3256100037 and will provide stub-outs to the south side of the James Street R-O-W. HAZARDS The property is not located within the Fall River mapped flood hazard area, although it lies just south of the subject property. Although the steep rocky area on the subject property is not included as a geologic hazard on the Estes Valley Hazard Map, the average slope over the rock spire is more than 40% slope. Areas of steep slopes are shown on the Preliminary Plat. The proposed property configuration follows the intent of the code by formalizing the two existing single-family homes on separate lots instead of a non-comformity of having two single family homes on one lot. The additional lot utilizes the remaining acreage such that all lots will have more than the minimum acreage in the E-1 Estate zoning while providing screening and separation from the existing improvements. No variances are being requested with this application and we believe this proposed subdivision is within the existing character of the neighborhood. Page 99 ’” ’”’ ” ’ ’ ’” ’ ’” ’’”’’ ” ’ ’” ’ ’” ’ ’” ’ ’” ’’” ’’” ’ ’” ’’” ’’” ’’” ’’” ’ Attachment 5 Page 100 TOWN BOARD MEETING April 26, 2022 Action Item 1 Appoint Mayor Pro Tem. No packet material will be provided for this item. Page 101       Page 102 Division of Responsibilities 6/22/202104/21/2022 Revisions: 1415 Town of Estes Park, Town Board Governance Policies Page 1 of 4 Effective Period: Until Superseded Review Schedule: After each municipal election Effective Date: 06/22/202104/26/2022 References: Governing Policies Manual; Governance Policy Manual 1.6 Board Appointed Committee Principles TOWN BOARD POLICY GOVERNANCE BOARD OF TRUSTEES DIVISION OF RESPONSIBILITIES 101 1. Purpose: The Board of Trustees has many varied responsibilities. In order to effectively use their time, the Board finds it necessary to divide duties and responsibilities among the Board members. 2. Assignments To Ongoing Committees: At the first regular meeting following the certification of the results of each biennial election, the Board of Trustees determines each Board and Commission Primary Liaison assignments and responsibilities for the remainder of the term of the current standing Town Board. a) Interim Assignments: Should the Board deem it necessary to create a new liaison assignment or to modify assignments at some time other than as described in 101.2, the Board may do so at any regular meeting of the Board. 3. Assignment To Committees of The Board of Trustees (committees comprised solely of members of the Board of Trustees) a) Assignments to Audit Committee: At the first regular meeting following the certification of the results of each biennial election, the Mayor shall appoint two (2) Trustees to the Audit committee with the Mayor serving as the third member. (Ord. 26-88 §1(part), 1988; Ord. 7-03 §1, 2003; Ord. 10-10 §1, 2010; Ord. 10-14 §1, 2014; Ord. 13-15, § 1, 9-22-2015) b) Assignment to Special Committees: Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to the approval of the Board of Trustees. (Estes Park Municipal Code 2.08.020) 4. Appointment of Mayor Pro- Tem: “At its first meeting following the certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's absence from the Town or his or her inability to act, shall perform his or her duties.” (Estes Park Municipal Code 2.16.010) 5. Special Assignments to Ad-Hoc and Temporary Committees: The Mayor may nominate trustees to serve on committees, community groups, or in some other capacities as a representative of the Town, except in cases where a Board Liaison has Page 103 Division of Responsibilities 6/22/202104/21/2022 Revisions: 1415 Town of Estes Park, Town Board Governance Policies Page 2 of 4 been approved by the Board of Trustees (Policy 1.7.) The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 6. Interview panels for Town Committees – In accordance with Section IV A 6 of Policy 102, Town Committees, “Applicants for all committees will be interviewed by the Town Board, or its designees. Any designees will be appointed by the full Town Board”. 7. Outside Committees – Outside committees are committees or boards where the Town is represented by a member of the Board of Trustees and/or staff. These are not committees of the Town of Estes Park and therefore the rules and guidelines for membership are those of the outside entity not the Town. At times, they may request that the Trustees assign an individual(s) to represent the Town, however they may also request a specific individual or position as the Town’s representative to the committee. 8. Liaison Assignments - The Mayor may nominate trustees to serve as a Board Liaison. The Mayor shall present the nomination of any such appointments to the Board for approval at a regular town board meeting. The Mayor will make every effort to distribute special assignments equitably among the members of the Board. 9. Special Consideration for Platte River Power Authority (PRPA) Board - The Mayor or the Mayor's designee serves on the PRPA Board ex officio. The second PRPA Board appointment shall be approved by the Town Board, with preference for the Utilitiesy Director per PRPA Resolution 07-19. Page 104 Division of Responsibilities 6/22/202104/21/2022 Revisions: 1415 Town of Estes Park, Town Board Governance Policies Page 3 of 4 Board Assignments Mayor Pro-Tem - __ Trustee XXXXXXX_____________ Board and Commission and Community Representation Board, Commission or Task Force Liaison Staff Liaison Type of Committee Estes Park Planning Commission Trustee MacAlpine Randy Hunt Jessica Garner Advisory/ Decision Making Estes Park Board of Adjustment Trustee MacAlpine Randy HuntJessica Garner Decision Making Western Heritage Inc Trustee Cenac n/a Outside Estes Park Museum Friends and Foundation Inc. n/a Derek Fortini Outside Ambassadors Teri Salerno Outside Police Auxiliary Trustee Younglund Wes Kufeld Working Group Parks Advisory Board Trustee Younglund Brian Berg Advisory Transportation Advisory Board Trustee Martchink Greg Muhonen Advisory Estes Valley Restorative Justice Trustee Hazelton Denise Lord Working Group Estes Park Board of Appeals Trustee Hazelton Randy HuntJessica Garner Advisory/Decisio n Making Sister Cities Trustee MacAlpine n/a Working Group Community and Family Advisory Board Trustee Younglund Jason Damweber Advisory Comprehensive Plan Advisory Committee Trustee MacAlpine Randy HuntJessica Garner Advisory Page 105 Division of Responsibilities 6/22/202104/21/2022 Revisions: 1415 Town of Estes Park, Town Board Governance Policies Page 4 of 4 Committee or Board Appointed Member(s) Staff Liaison Type of Committee Audit Committee Mayor Koenig Mayor Pro Tem Trustee Hazelton Travis Machalek Duane Hudson Advisory Colorado Association of Ski Towns (CAST) Voting Designee – Trustee Cenac Alt Designee TA Machalek n/a Outside Platte River Power Authority Board of Directors Mayor Koenig Reuben Bergsten Outside Estes Park Economic Development Corporation Board of Directors Trustee Hazelton & TA Machalek n/a Outside Larimer County Solid Waste Policy Council Mayor Koenig expires 11/30/2022 n/a Outside Local Marketing District (Visit Estes Park) Trustee Webermeier Alt Designee Trustee Cenac n/a Outside Regional Transportation Infrastructure Funding Task Force Trustee Martchink n/a Outside Larimer County Behavioral Health Policy Council Mayor Koenig n/a Outside ___________________________________ Wendy Koenig, Mayor _____________ Date Page 106 Town Clerk Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: April 26, 2022 RE: Staff Apointments Objective: To appoint Town Officers per Municipal Code 2.24 & 2.28 Present Situation: The Town held the regular Municipal Election on April 5, 2022. Per the Municipal Code Section 2.24.010, at the first regular meeting following certification of the results of each biennial election, the Board of Trustees shall appoint a qualified person as Town Clerk, Town Treasurer, Town Attorney, Municipal Judge and Assistant Municipal Judge, and any other officers the Board of Trustees deems necessary for the good governance of the Town. Municipal Code section 2.28.10 Town Administrator; appointment states at the first regular meeting following certification of the results of each biennial election, the Board of Trustees shall appoint a qualified person as Town Administrator. Proposal: To appoint the following officers: • Jackie Williamson – Town Clerk • Duane Hudson – Town Treasurer/Town Clerk Pro Tem • Dan Kramer – Town Attorney • David Thrower – Municipal Judge • Teresa Albao – Assistant Municipal Judge • Travis Machalek – Town Administrator Advantages: To comply with the Municipal Code and State Statute requirements. Disadvantages: None. Page 107 Action Recommended: Approve the appointments outlined above through separate motions. Budget: None. Level of Public Interest: Low Sample Motion: I move to approve/deny the appointment of Jackie Williamson as Town Clerk. I move to approve/deny the appointment of Duane Hudson as Town Treasurer/Town Clerk Pro Tem. I move to approve/deny the appointment of Dan Kramer as Town Attorney. I move to approve/deny the appointment of David Thrower as Municipal Judge. I move to approve/deny the appointment of Teresa Albao as Assistant Municipal Judge. I move to approve/deny the appointment of Travis Machalek as Town Administrator. Attachments: None. Page 108 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1. MAYOR. The next order of business will be the public hearing on ACTION ITEM 4. Ordinance 04-22 Amending Section 2.24.030 of the Estes Park Municipal Code on Town Officer Compensation and Renewing the Agreement with the Municipal Judge.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the item.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2. STAFF REPORT.  Review the staff report. 3. PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the item. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the item which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the item.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7. SUGGESTED MOTION. Page 109  Suggested motion(s) are set forth in the staff report. 8. DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9. VOTE ON THE MOTION. Vote on the motion or consideration of another action. *NOTE: Ordinances are read into record at the discretion of the Mayor as it is not required to do so by State Statute. Page 110 Town Clerk Memo To: Honorable Mayor Koenig Board of Trustees Through Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: April 26, 2022 RE: Ordinance 04-22 - Amending Section 2.24.030 of the Estes Park Municipal Code on Town Officer Compensation and Renewing the Agreement with the Municipal Judge Objective: To amend the Municipal Code to define compensation for appointed officers of the Town and to consider a new agreement for the Municipal Court Judge to provide municipal court services to the Town of Estes Park. Present Situation: The Town Board is required after each biennial election to appoint a Municipal Judge and Assistant Municipal Judge. With the appointment of the Municipal Judge a new contract is required to continue court services past April 26, 2022. Assistant Municipal Judge Teresa Ablao has stated her interest in stepping down from the position with the Town of Estes Park due in part to her other judicial commitments. The Town will consider a process for filling this position at a later date. Proposal: To consider the updated Municipal Code language to clearly outline how the officers of the Town will be compensated. The Board has also been presented a new two (2) year contract for Municipal Judge services with Judge David Thrower. The contract will begin on April 26, 2022 and terminate on April 23, 2024. All other conditions remain the same from the previous contract approved by the Town Board in April 2020 with the exceptions: inclusion of Judge Thrower as the Liquor License Authority for show cause and other liquor matters forwarded by the Town Clerk, and an increase in the monthly rate. Advantages: • Clarifies compensation for appointed officers of the Town. • Maintains municipal services for the Town of Estes Park with the approval of the agreement with Judge Thrower Disadvantages: • The Town would not have a presiding Municipal Court Judge after April 26, 2022 without the approval of a new agreement with Judge Thrower. Page 111 Action Recommended: Staff recommends approval of the ordinance and agreement. Budget: Funds have been allocated in the 2022 budget for the position but would need to be revised if the compensation presented in the proposed agreement is approved. Level of Public Interest. Low. Sample Motion: I move to approve Ordinance 04-22. Attachment 1. Ordinance 04-22 2. Agreement with Judge Thrower Page 112 ORDINANCE NO. 04-22 AN ORDINANCE AMENDING SECTION 2.24.030 OF THE ESTES PARK MUNICIPAL CODE ON TOWN OFFICER COMPENSATION AND RENEWING THE AGREEMENT WITH THE MUNICIPAL JUDGE WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend certain sections of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1: Section 2.24.030 of the Estes Park Municipal Code is hereby amended, by adding underlined material and deleting stricken material, to read as follows: 2.24.030 - Compensation. The Town Clerk, Town Treasurer, Clerk of the Municipal Court, and any other officers who are employees of the Town shall be compensated pursuant to the Town's Employment Compensation Schedule. The Town Attorney, Town Administrator, Municipal Judge, and Assistant Municipal Judge shall be compensated in accordance with an agreement or Ffee Sschedule approved by the Board of Trustees. The compensation of the Municipal Judge, Assistant Municipal Judge and Clerk of the Municipal Court shall be set by ordinance annually. Section 2: The Board approves and authorizes the Mayor to sign the agreement with David J. Thrower for services as the Town’s Municipal Judge, in substantially the form now before the Board. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this ____ day of _______________, 2022. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk Attachment 1 Page 113 I hereby certify that the above Ordinance was introduced at a regular meeting of the Board of Trustees on the day of , 2022 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2022, all as required by the Statutes of the State of Colorado. Town Clerk APPROVED AS TO FORM: Town Attorney Page 114 AGREEMENT THIS AGREEMENT (the “Agreement”) effective April 26, 2022, is by and between the Town of Estes Park, Colorado, a municipal corporation (the “Town”) and David J. Thrower (“Thrower”), both parties agreeing as follows: WHEREAS, on April 26, 2022, the Board of Trustees of the Town appointed Thrower to a two-year term as the Town’s Municipal Court Judge and Liquor Licensing Authority per Ordinance 01-22; and WHEREAS, the parties desire to set forth in this Agreement the terms and conditions of Thrower’s term as Municipal Court Judge and Liquor Licensing Authority. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties and Responsibilities Thrower, as the Municipal Judge of the Town’s Municipal Court, shall perform the functions and duties of the position in accordance with all the applicable provisions of the Town’s Municipal Code, Sections 13-10-101 et. seq. C.R.S., and the Colorado Municipal Court Rules of Procedure as they may be amended from time to time, including the following: a.The Municipal Court Judge is authorized to exercise contempt powers, and enforce subpoenas issued by any board, commission, hearing officer, or other body or officer of the Town authorized by law or ordinance to issue subpoenas, and all other powers inherent with the office. b.The Municipal Court convenes for one (1) regular session of the Municipal Court each month and more or less often as needed. It is understood that most months include one (1) Municipal Court session. The session of the Court will be held during normal business hours starting at 9:00 am, dependent upon the availability of Town Board Room and, at the discretion of the Municipal Court Judge. c.Thrower shall maintain an active license to practice law in Colorado. d.Thrower shall keep abreast of current legislation and obtain ongoing education and training, and remain current on all matters relating to municipal courts and municipal judges. Costs associated with these efforts may be shared with the Town with prior approval and as budgeted. e. Thrower, as the Liquor Licensing Authority, shall perform the functions and duties as the Authority for show cause orders and hearings on suspensions and revocations and other disciplinary actions, as provided by ordinance. Attachment 2 Page 115 2 Section 2. Term The term of this Agreement shall be from April 26, 2022 to April 23, 2024 unless sooner terminated. Section 3. Compensation The Town agrees to pay Thrower for his services an annual compensation of $24,000 payable in monthly installments. In the event of termination of this Agreement, Thrower’ compensation shall be pro-rated to the date of termination. Section 4. Removal This Agreement shall automatically terminate in the event of removal of Thrower as Municipal Court Judge pursuant to Section 13-10-105 C.R.S. Section 5. Resignation Thrower may resign by giving a minimum of 30-days’ written notice to the Town. Thrower shall be entitled to compensation to the effective date of his resignation. Section 6. Independent Contract The parties agree that Thrower is an independent contractor and is not an employee of the Town. Thrower is not entitled to Workers’ Compensation benefits from the Town and is obligated to pay federal and state income tax on any compensation earned pursuant to this Agreement. Notwithstanding the independent nature of the agreement between the parties, it is agreed that pursuant to the Colorado Governmental Immunity Act, C.R.S. §§24-10- 101 et. seq. and or any other provision of law, the Municipal Court Judge is an appointed official of the Town entitled to any and all benefits of law pertaining to judicial and sovereign immunity and to coverage by the Town's insurance applicable to persons holding such a position for claims brought against them in their official capacity or arising out of their performance of official duties as described herein. Section 7. Notices Notices pursuant to this Agreement shall be given by personal service or deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: TOWN: Town of Estes Park 170 MacGregor Ave PO Box 1200 Page 116 3 Estes Park, CO 80517 Attn: Mayor EMPLOYEE: David J. Thrower 1532 E Riverbend St Superior, CO 80027-8048 judge.thrower@gmail.com (303) 589-4601 Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Thrower shall notify the Town in writing of any change in address. Section 8. Verification of Lawful Presence Thrower shall verify his lawful presence in the United States to the Town Clerk’s Office as required by Section 24-76.5-103 C.R.S. Section 9. General Provisions a. This Agreement constitutes the entire Agreement between the parties, and it shall be binding upon and inure to the benefit of the heirs, executors, successors, and assigns of the parties. This Agreement may only be amended by written instrument executed by both parties, and each provision hereof shall be construed under the laws of the State of Colorado. This Agreement supersedes, cancels and terminates any and all prior agreements or understandings of the parties, whether written or oral, concerning the subject matter hereof. Neither party may assign its rights or delegate its duties under this Agreement without the express written approval of the other. b. In the event of conflict between the terms of policy provisions, regulations, codes and ordinances of the Town and terms of this Agreement, this Agreement shall take precedence and govern. c. To the extent this Agreement constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Agreement in any fiscal year in which no such appropriation is made. d. The laws of the State of Colorado shall govern enforcement and interpretation of this Agreement. Venue and jurisdiction for any court action filed regarding this Agreement shall be only in Larimer County, Colorado. Section 9. Severability To the extent any provision herein is prohibited by applicable Federal, State, or Page 117 4 local law, or is impossible to perform, such provision will be deemed deleted from this Agreement and the remainder of the Agreement will survive. IN WITNESS WHEREOF, this Agreement is executed on this day of , 2022. TOWN OF ESTES PARK By___________________________ Wendy Koenig, Mayor ATTEST: _____________________________ Town Clerk _________________________ David J. Thrower APPROVED AS TO FORM: Town Attorney Page 118