The URL can be used to link to this page

Home My WebLink AboutPACKET Town Board 2012-01-24Prepared 1 /16/12 * Revised 1/18/12 The Mission of the Town of Estes Park is to provide high -quality, reliable services for the benefit of our citizens, visitors, and employees, while being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TO OF ESTES PARK Tuesday, January 24, 2012 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TO ADMINIST TOR REPORT. 1. CONSENT AGE DA: 1. To Board Minutes dated January 10, 2012, Town Board Study Session Minutes dated January 10, 2012. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works, January 12, 2012. 1. Estes Valley Victim Advocate 2012 Contract. 4. Estes Valley Planning Commission Minutes dated December 20, 2011 (acknowledgement only). 2. P NNING CO ISSION ITE S: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITE S: A. SUPPLE ENTAL CONDO INIU AP, Units 5 & 6, The Meadows Condominiums — Jim Tawney/Applicant. 3. ACTION ITE S: 1. RESOLUTION 2-12 — OFFICIALLY SCHEDULING REGU R UNICIPAL ELECTION - AP L 3. 2012. Town Clerk VVilliamson. • i A. Resolution #2-12 B. Intergovernmental Agreement with Larimer County IEST PA ING LOT RESTROO RETAINING ALL REPAIR. Director Zurn. (Item Removed) 4. REQUEST TO ENTER EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. 24-6-402(4)(b) related to the Bond Park Project. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Town of Estes Park, Larimer County, Colorado, January 10, 2012 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 10th day of January, 2012. Meeting called to order by Mayor Pinkham. Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Also Present: Lowell Richardson, Assistant Town Administrator Jackie Williamson, Town Clerk Absent: Greg White, Town Attorney Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION — WOMEN'S CLUB CENTENNIAL. The Mayor presented Judi Cunningham/President and Ludi Dickeson/Centennial Chair with a proclamation recognizing the Women's Club Centennial. The club's representatives invited the community to attend the monthly activities scheduled during 2012 in recognition of the accomplishments of the club during its first 100 years. YULETIME LIGHTING CONTEST — PRESENTATION OF AWARDS. Mayor Pinkham stated the contest was sponsored by the Town of Estes Park, the Ambassadors and the Estes Park News. Each winner received a certificate and a $50 dinner gift card. Best Commercial/Lodging Mayor's Trophy McGregor Lodge The Igel Family Best Downtown Business Window Display Resident Overall Best The Ore Cart Gloria Rademacher Best Dressed Snowman Best First Time Entry Kirk's Mountain Adventure Kent & Mary Pridey PUBLIC COMMENT. Johanna Darden/Town citizen shared a January 6, 2012 article from the Denver Post written by Harris Kenny. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Blackhurst reminded the public the Public Safety, Utilities and Public Works Committee would meet on Thursday, January 12th in the Board Room at 8:00 a.m. and the Housing Authority would hold its regularly scheduled meeting on Wednesday, January 1 ltn, in Room 203 at 8:30 a.m. Trustee Koenig stated the Sister Cities organization would meet on Wednesday, January 11th at the Senior Center at 8:00 a.m. She attend the Colorado versus the World, a new rodeo format at the Stock Show, in which Colorado athletes, some from the Rooftop Rodeo, and athletes from around the world competed against each other. Colorado won four of the five events. Trustee Miller commented the LMD met on January 3' to swear -in newly appointed members Lynette Lott and Bill Almond. Officers were elected with Kathy Palmeri serving as Chair, Bill Almond as Vice -Chair and Scott Webermeier as Secretary. The LMD would move from the Visitor Center to its new location on the 13th. The newly BmmrdmfTrumtwwm—Jomumry 10.2012—Page 2 formed Shuttle Committee met to look at ways to improve the system utilizing the 2012 budgeted funds. Mayor Pinkhan stated the Town is moving forward with the process of finding a now Town Administrator and thanked Interim Town Administrator Richardson for stepping in tofill the position during the interim. TOWN ADMINISTRATOR REPORT. Interim Administrator Richardson stated the Third Party Analyst would deliver the completed revised independent analysis and ocopy nffinal report would beforwarded toApplicant onFriday, January 13^'. The Applicant would then submit the final report bn the 8bsbo to finalize the application. He reviewed the FTA schedule stating o final decision would be rendered by the State on April 23. 2012 after receiving public comment on March 26. 2012. On Friday, January 13 th in Town Hall at 8:00a.m,ARD would hold a discussion on Open Space. OARichardson would review the management ofTown open space and the use ofthe funding received bythe Town for open space. Apanel discussion would also buka place to discuss management ofopen space by other groups such as the Estes Valley Land Trust, Lmhnner County, Boulder County and others. 1. CONSENT AGENDA: 1. Town Board K4hnutao dated December 13. 2011 and Dmoamber2O. 2011 and Town Board Study Session Minutes dated December 13.2Oii. 2. Bills. 3. Commhb*eWYinutee—Nmnm. 4. Resolution #O1-12-Public Posting Area Designation. It was moved and seconded (Levine/Miller) to approve the Consent Agenda, and it passed unanimously. 2. REPORT ITEMS: 1. ROCKY MOUNTAIN NATIONAL PARK UPDATE - Superintendent Vmughn Baker presented o Park update stating park visitation was up in 2011 by8.6396 and was the third highest visitation on record; 8od Outdoors has added a new fee free day on JuneQ''| over 1.600vo|unbaers provided approximately 106.000hours |n2O11;the Park continues the 15year effort to improve the infrastructure in preparation for the PmMk'm centennial celebration; ovar$100 million has been reinvested with the park able bo retain 8O96ufthe entrance and camping fees and has spent the money onroadways, nomtnoomno, trai|o, etc.; the Beaver Meadow Visitor Center remodel to he completed in March to make the facility accessible; ongoing projects include the fourth year of the Elk and Vegetation Management Plan imp|mmentaUon, hazard tn»m mnonaQemnent, nearing completion of the Fire Management P|on, bear management, and Environmental Impact Plan for the Grand Ditch restoration; the lower portion of the Bear Lake Road reconstruction would take place this summer and require the Glacier Basin campground with 150 sites to bmo|oaaddudngtha2Oi2mummnoraemmmn;anEmvinonmenbm||mpoct/\na|ysiw for Lily Lake dam tmaddress options tostabilize the dam; the shuttle system continues bngrow with over 442.O00riders in2O1i;and upcoming events inthe Park include the Colorado Youth Summi1, Ride the Rockies, and Biob|itz, on event cosponsored byNational Geographic. 2. THIRD QUARTER FINANCIAL UPDATE. Finance Officer McFarland reviewed the third quarter financial report stating BmardmtTrustmem—Jmnumry 10\2012—Page 3 reported the General Fund revenues are lagging due totiming and myclicality of sales tax at88.2% and expenditures at 84% of the budget. The Enterprise funds are faring well with QO% of revenues and 7896 of expenditures. After further review ofthe 2011budget, bappears the fund balance would increase from the originally reported 25% to 2996 at the end of2Oi1. The oddiduno| funds would be available for projects or additional infrastructure improvements. 3. PLANNING COMMISSION ITEMS: Items reviewed byPlanning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. AMENDED CONDOMINIUM MAP ~ Unit 1Q.The Promontory at Kiowo Ridge Cnndum|n|unna, 635 Promontory Drive, Diane & Peter Kassab/Applicant. As there were no comments the Mayor closed the public hearing and itwas moved and seconded (B|mckhuroVLmvina)tm approve the Amended Condominium Map, Unit 19,The Promontory at Klmwa Ridge Condominiums subject to the findings and conditions recommended by the Estes Valley Planning Commission, and itpassed unanimously. 4. ACTION ITEMS: 1' 2012 ORGANIZATIONAL CHART |nbahm Administrator Richardson stated the Municipal Code 2.28.020 requires the Town Administrator bodevelop and present for the Town Board's approval an organizational plan. An organizational chart is a component ofan overall plan. Staff recommended e temporary plan be adopted until o new Town Administrator is oppninted, and should include the revised 2011 organizational chad. Resolution 17-11 outlining the duties of the |nb»hm Town Administrator and the 2013 Town Board Goals. After further discussion, it was moved and seconded (hoenig/EMosmn)tmapprove atemporary Organizational Plan ws outlined above, and itpassed unanimously. 2. BOARD OF ADJUSTMENT APPOINTMENTS. Director Ch|kcodt presented the appointments of Wayne Newsom and Jeff Moreau buthe Board for three-year termo. After discussing the appointments with the Mayor, itwas decided not tosolicit additional applicants. Mr. Newsom has been m member of the 8mond mince 1090. Mayor Pro Tern Levine suggested Mr. YNonoau, the current alternate, be appointed to his seat oa he would not be requesting reappointment. Theme appointments would remove Town Board member from the Boord, and staff questioned if having a Town Board representative was important. |fso, suggested oBoard liaison could be appointed tothe Board. Discussion followed; Trustee Blaohhurst stated a Board representative should be considered; Trustee Elrod voiced concern with not following the practice of announcing the pomdonm, accepting applications and interviewing pobunUo| applicants; Trustee Koenig stated concern with not o||mming others to apply; and Trustee Ericson and Miller stated m policy should be developed for Board appointments in order to be consistent. |TA Richardson commented a draft policy would bedeveloped during the first quarter for the Board's review. It was moved and seconded (Koenig/Ericson) to continue the item until such time the positions can be advertised and interviews conducted if appropriate, and it passed with Trustees Blackhurst and Levine voting "No". 3. CREATIVE SIGN DESIGN REVIEW BOARD APPOINTMENTS. The Board has two positions expiring nnMarch 1.2O12held byCharley Dickey Board of Trustees — January 10, 2012 — Page 4 Board. After discussion with the Mayor it was determined the Board has just begun to work with the new code and it would be beneficial to retain the current Board members for an additional three-year term for consistency. It was moved and seconded (Koenig/Ericson) to continue the item until such time the positions can be advertised and interviews conducted is=f appropriate, and it passed with Trustees Blackhurst voting "No". 4. VIRGINIA DRIVE. PARK LANE AND MACGREGOR AVENUE REHABILITATION PROJECT DESIGN CONTRACT. Director Zurn stated an Request for Proposals was developed in December with the following responseding: Firm Name City Fee The Engineering Company (TEC) Fort Collins $67,627 Landmark Engineering Ltd. Loveland $80,700 TST Consulting Engineers Fort Collins $142,652 Ayres Associates Fort Collins $137,990 RG & Associates Wheatridge $107,790 Cornerstone Engineering & Survey Estes Park $81,440 Vision Land Consultants, Inc. Golden $86,700 The project has been coordinated with the Town's Public Works and Utilities Departments as well as the Estes Park Sanitation District to improve public infrastructure long Virginia Drive, Park Lane and MacGragor Avenue. Coordination of the design and construction of these improvements would help minimize the impacts to businesses and residents by completing all improvements at one time, thereby limiting traffic closures and construction congestion. The scope of the project includes waterline installation, asphalt mill and overlay, new sidewalk, new curb and gutter and drainage improvements. A stakeholder group evaluated the proposals and recommended The Engineering Company (TEC) of Fort Collins. The project is estimated to start this spring and finish by Memorial Day. He stated the project contains a 15% contingency because the area is not mapped and unknown geotechnical issues. ITA Richardson stated staff would notify each business of the schedule and limit road closures. Trustee Miller voiced concem with a 15% contingency. Brian Zek/TEC was present to introduce the company and the team working on the project. He stated TEC brings forward an experience team to produce a quality finished project. He also stated the importance of communication, safety and minimal interruption to the local businesses. Public comment was heard from Ron Norris/Town citizen stating support for a 15% contingency and encouraged a written communication plan for weekly updates on the project. Johanna Darden/Town citizen suggested posting blast times in order to prevent destruction of personal property for those businesses and residents in close proximity to the project. After further discussion, it was moved and seconded (Miller/Levine) to award the design engineering and construction management services for the Virginia Drive, Park Lane and MacGregor Avenue Rehabilitation Project to The Engineering Company (TEC) for a project cost of $75,000 which includes a 10% contingency, and it passed with Trustee Elrod voting "No". Whereupon Mayor Pinkham adjourned the meeting at 9:30 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, January 10, 2012 - inutes of a Study Session meeting of the T. :AD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 10th day of January, 2012. Board: Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Ericson, Koenig and Miller Attending: All Also Attending: Town Clerk Williamson Absent: Interim Town Administrator Richardson and Attorney White Mayor Pinkham called the meeting to order at 4:30 p.m. TO N I INIST TOR RECRUIT ENT PROCESS Gary Suiter/The Mercer Group was present to review the draft Town Administrator brochure and receive input from the Board. A number of changes were made to the brochure and a final draft would be sent to the entire Board for their review. Public Information • icer Rusch would forward photographs to be used by the brochure artist to complete the document. The brochure should be completed and posted by the first of next week. There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, January 12, 2012 Minutes ofaRegular Meeting of the PUBLICSAFETY/UTILITIES/PUBLIC WORKS COMMITTEE of the Town of Ea1am Park, Lorimer County' Colorado. Meeting held in the Town Hall in said Town of Estes Park on � the 12m day of January, 2012. Committee Attending: Also Attending: Chair BlackhumtTrustees Ericson and Koenig All Interim Town Administrator Richardson, Dir. Bargetem, Dir, Zunn.Chief Kufoldand Recording Secretary Bailey Absent: None Chair Blackhurst called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None PUBLIC SAFETY ESTES VALLEY VICTIM ADVOCATES 2012 CONTRACT The Estes Valley Victim Advocates (EVVA) provide services and counseling to crime Wodmno and serve as a valuable resource bnthe Police Department. Each year, the Town mfEstes Park provides funds bzEVVAbuhelp with operational costs. Chief Kufm|d stated that the 2012 contract between the Town of Estes Park and EVVA is the same as the contract approved |n2O11except for $4DDthat will not need tobesupplemented for this budget year and the contract will now provide $7.500 to the organizaUon, paid in equal quarterly payments. Chair B|ackhurst recommended leaving the $420 in the contract and rounding it up to $5OOfor on even $8.000. Johanna Darden questioned whether E\8/A requested that additional funding and as they had not, why they would be given extra money. Chair B|ookhumt pointed out that the money was budgeted and they are a great asset hz the community. Interim Town Adminiotnsbor(|TA) Richardson noted that an m former chair ofE\yvY\. the organization is entirely grant funded and is certainly in need of additional funding. The Committee recommended approval of the contract with EVVA for $8,000 from account 9101~2100-421-22-98° budgeted, to the Town Board consent agenda. MISCELLANEOUS. Chair Blackhurst asked how the Citizens Police Academy was going and Chief Kufe|d advised it was going well. Chair B|ackhursto|oo asked about the Sergeant search and Chief Kufe|dupdated the Committee onthe progress ofthe internal search. REPORTS. Reports provided for informational purposes and made opart ofthe proceedings. 1. SunGuordSoftware Project Uoorada. Dir. 8ergaten& MonagmrPaUimsard reported that the upgrading of the Tbwn'a financial software has been delayed due to |B[N hardware and software |omuao. The implementation of phase one consisting of the Community Development module, is moving forward and the training process has been rescheduled. The second phase, the Finance module that includes Human Resources and general ledger, |mnnschedule bnbacompleted in2O12. 2. Utilities Assessment. Dir. Bergsten reported that twelve of the thirteen items RECORD OFPROCEEDINGS Public Works Committee — January 12, 2012—Page 2 identified by RJM Consulting as areas for potential improvement inthe 2011 assessment have had action taken on them and are being worked in order of priority. The thirteenth item has yet to be ave|uobad for ooUpn. Trustee Ericson thanked Staff for actively working on or having completed most of the items on the Trustee Koenig questioned the blacklist email situation for the estes/org and Mgr. PaUisaondadvised onwhy the situation exists. PUBLIC WORKS. WI2ST PARKING LOT R2STROOM RETAINING WALL REPAIR. Staff has determined that the retaining wall located on Town Property north ofthe Wiest nantnoom has become unstable and is leaning onto adjacent phvnba commercial property. Van Horn Engineering has proposed to design a replacement for this wall for a not4o-exceed cost of$4.50O. The preliminary estimate for the project construction is $65.000. Trustee Koenig questioned if drainage and runoff issues will be addressed in this construction and Dir. Zurnadvised that those issues will bmaddressed inthe project and that existing landscaping will most likely not stay in the design. ChairB|eckhunot questioned whether it would appropriate to use monies from the Community Reinvestment Fund (CRF)and Trustee Ericson disagreed with using the CR|Fotthis time as further planning needs to be done with what to do with those funds. |TA Richardson recommended coming up with m plan later in the funding process. Staff recommends construction be completed prior to the summer season. After discussion the Committee recommended approval of initiating design work nwKmtmd to the mepmir/nepUmcemmentmf the Wiest ParkingLot restrommmretaining wall with Van Horn Engineering mKamot-to-excmed cost of $4,500,from account #101-3100-431'35-51 budgeted, Wmthe Town Board consent agenda. REPORTS' Reports provided for informational purposes and made a part of the proceedings. i. Bond Park Phase V Desiqn Consultant Selection. The Bond Park Stakeholder Group coma to a consensus that the scope of Phase V improvements should focus on completing the handmoopm along Elkhorn Avenue. Bids have been received for Phase Vimprovements and will be reviewed by the Bond Park Stakeholder Group and a recommendation for award will be made tothe Town Board on January 24. 2012 following o further meeting with one of the bidders, Chrome Design, on Jonuary1G.2O12.Trusb»eEhnmonnoquostode|iotofthememberocftheBondPork Stakeholder Group and confirmed with 0r. Zum that references will be checked for any consultant group chosen. Johanna Darden questioned some points on the previous plan and Chair Q|aukhurstadvised much of that is up to discussion in the new design and the consulting finn chosen will call for public input as part of the scope ofservice pfthe design contract. 2. 2012 Street Improvement Proiact(GT|P) Uei. Staff has evaluated the bent use of funds budgeted in 2012 for atnaot improvements. The 2012 budget allocates $890,065 for street and concrete rehab related improvement. An additional $291,522 is available for n*-oppnophoUun from tho2O11 street improvement budget. Staff recommends that the total available budget for 2U12 of$1.181.GG7 be oUmcab*d to the following projects: o. Virginia, Park, MacGregor Ave Reconstruction/Overlay b. Town -wide crack seal ofall streets o. Steamer Dr/Black Canyon DrOverlay d. Wiest Parking Lot Retaining Wall Dir. Zum noted that this is with the understanding that there is not a predictable funding source of $1,000,000 for the STIP budget. ITA Richardson advised that this issue will becoming toostudy session inFebruary. 3. 2012Pno|act Schedule Prioritization. Staff ioseeking input and direction ontiming of vohnum projects slated for 2012. especially in the onna business district. All the RECORD OF PROCEEDINGS Pmblh:Smfety/QtUitlem/Pmb|UcV, mnks Cmnmmnittme—Jmnumny 12.2Ui2—Page 3 projects will be disruptive, but Staff has particular concern over several projects in the core area of Bond Park and the surrounding business district that will potentially have different contractors. Input is being sought as to possible scheduling that will minimize conflict and pohsnUn| weather -related financial hako due to a heavy springtime construction schedule, Ron DueUfrom the Estes Park Sanitation District spoke regarding their project on Virginia Drive and blasting na|otod buthat project bo assuage concerns expressed by Johanna Darden regarding said b|ooUnQ and the effect on the surrounding area. |TA Richardson recommended o study session to discuss specific scheduling matters. There being no further bumnemn. Chair 8laokhurst adjourned the meeting at 9:22 Rebecca Bailey, Recording Secretary Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Richardson From: Wes Kufeld, Chief of Police Date: January 24, 2012 RE: Estes Valley Victim Advocates Contract Background: Each year, the Estes Valley Victim Advocates receive funding from the Town of Estes Park for services rendered to crime victims who are residents of the Estes Valley. In previous years, the Town supplemented $420.00 a year for pager expense. This expense is no longer needed due to the Victim Advocates purchasing their own pagers and service. However, instead of cutting this expense, the PUP Committee elected to increase the amount by $500.00 for an annual contract of $8,000.00. Attorney Greg White has reviewed and approved this contract and included a section relating to " Work by illegal Aliens" under the Miscellaneous Provisions. Budget: $7,920.00 has been budgeted in 2012; the department will absorb the increase which will be distributed equally each quarter from line item 101-2100-421.22-98. Recommendation: Staff recommends approval of the Estes Valley Victim Advocate Contract. Page 'I CONT TO ' • CT FO SE VICES OF ESTES PA THIS CONTRACT, dated this day of , 2012, is by and between the TO OF ESTES P , STATE OF COLORADO, 170 MacGregor Ave., Estes Park, CO, a body politic and corporate (the "Town"), and ESTES VALLEY VICTIM ADVOCATES, INC. ("Contractor".) RECITALS EREAS, the Town plans to continue a project entitled, "ESTES VALLEY VICTIM ADVOCATES," and REAS, the Town desires to retain the services of the Contractor to assist it in studies relative thereto and the planning and desi: • g thereof as set forth in this agreement AGREE NT NOW, THEREFORE, for and in consideration of the covenants and conditions set forth herein, and for other good and valuable considerations, the sufficiency of which is hereby acknowledged, the Town and the Contractor agree as follows: 1. CONTRACT DOCUMENTS: the "Contract Documents" shall consist of the following: a. Contract; b. The Scope of Services, attached hereto as Exhibit "A;" All of which are incorporated by reference as though set forth in full herein, whether or not attached hereto, and shall form an integral part of this contract If there is any conflict between this Contract and the other Contract Documents, this Contract shall control. 2. THE WO The Contractor shall furnish the labor, equipment, materials and supervision necessary for or incident to the complete and i s ely performance of every g described or reasonably implied from the Contract Documents (the "Work") except as provided for herein. 3. INSPECTION: The Town reserves the right to monitor and evaluate the progress and performance of the Contractor to ensure that the terms of agreement are being satisfactorily met in accordance with the Town and other applicable monitoring and evaluation criteria and standards. Contractor shall cooperate with Town relating to such monitoring and evaluation. 4. PAYMENT: Upon satisfactory completion of the Work, and provided that Contractor is not in default of the Contract, the Town shall pay the Contractor the • fixed price of EIGHT THOUSA P DOLLARS AND 00/00 in quarterly fund distribution on or about January 2012, April 2012, July 2012 and October 2012, in equal increment payments of $2,000. 5. TERMINATION: The Town reserves the right to terminate this Contract, in whole or in part, with or without cause upon thirty (30) days written notice to the Contractor. In the event of termination, the Contractor shall incur no additional expenses and shall perform no further services for the Town under this Contract as of the date of receipt of the notice of termination unless otherwise specified by the Town. The Town shall pay the Contractor for all services satisfactorily performed prior to receipt of the notice of termination and for other services required by the Town to be completed prior to termination and satisfactorily performed. In the event of termination for cause, the Contractor shall be liable for any and all damages, including without limitations, the cost of procuring similar supplies or services and all other costs and expenses incurred by the Town because of such failure. 6. INDEPENDENT CONTRACTOR STATUS, PAYMENT OF TAXES AND UNEMPLOYMENT INSURANCE: In performing the Work, the Contractor acts as an independent contractor and is not acting as an agent, servant or employee of the Town. The Contractor is solely responsible for necessary and adequate worker's compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Contractor and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by the Contractor or an entity other than the Town. The Contractor understands and agrees that it is an independent contractor under the terms and conditions of this Agreement. As such, the Contractor is not entitled to employment or insurance benefits through the Town. Also, the Contractor understands and agrees that it is solely responsible for all Federal and State income tax, FICA taxes and unemployment insurance taxes. The Contractor also understands and agrees that it is responsible for workers' compensation coverage and taxes for itself and any employee. 7. INDEMNIFICATION: The Contractor hereby agrees to and does indemnify, defend, save and hold the Town harmless from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorney's fees, litigation, judgments, damages, claims and demands of any kind whatsoever in connection with, arising out of or by any reason of any violation of the contract or of any law, ordinance or regulation by the Contractor, his agents, employees, servants, subcontractors, business invitees; or by reason of any injury or damage however occurring to any person or persons whomever (including the Contractor, his agents, employees, servants, subcontractors, or business invitees) or to property of any kind whatsoever and to whomever belonging (including the Contractor, his agents, employees, servants, subcontractors or business invitees).- or from any cause or causes whatsoever arising out of the performance of services hereunder. 1. INSURANCE REQUIREMENTS: a. The Contractor and its subcontractors shall purchase and maintain such insurance in a company or companies licensed to do business in the State of Colorado as will protect them from claims which may arise out of or result from operations under the Contract whether such operations be by themselves or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The insurance required by this Contract is set forth below: b. Comprehensive General Liability: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive General Liability insurance insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the performance of services hereunder and against liability for property damage with a combined single limit of at least $1,000,000. The limits of said insurance shall not be a limit to the liability of the Contractor hereunder. c. Comprehensive Automobile Liability: The Contractor shall procure and keep in force during the duration of this contract a policy of Comprehensive Automobile Liability insurance, insuring the Contractor and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising from the use of motor vehicles and shall cover operations on or off the site of all vehicles controlled by the Contractor, whether they are owned, non -owned, or hired, with a combined single limit of at least $1,000,000. The limits of said insurance shall not, however, be a limit to the liability of Contractor hereunder. d. Other Insurance: The Contractor shall procure and keep in force during the term of this Contract, Worker's Compensation and such other insurance as may be required by any applicable law, ordinance or governmental regulation. e. Terms of Insurance: Insurance required shall be with companies qualified to do business in the State of Colorado with a general policy holder's financial rating of not less than that of "A" as set forth in the most current edition of "Best's Insurance Reports", and may provide for deductible amounts as the Contractor may deem to be reasonable for completion of the Work, but in no case greater than $20,000. The Contractor shall not do nor permit to be done anything which shall invalidate the insurance policies referred to in this section, and the Contractor shall immediately advise the Town in writing if a reduction in coverage or other modification of the insurance coverage occurs. Insurance policies shall be for the mutual and joint benefit and protection of the Contractor and the Town. Such policies shall be written as primary policies not contributing to and not in excess of coverage which the Town must carry. f. Proof of Insurance: Prior to the commencement of the Work, the Contractor shall furnish to the Town certificates of insurance policies evidencing the required coverage. Such certificates shall provide that cancellation of the policies in such insurance shall not be effective until thirty (30) days after written notice to the Town. The Contractor shall identify whether the type of coverage is "occurrence" or "claims made". If the type of coverage is "claims made" which at renewal, Contractor changes to "occurrence", Contractor shall carry a six-month tail. The Contractor agrees to insert the substance of these insurance requirements in all subcontracts. Furthermore, the Town will hold the Contractor responsible in the event the subcontractor fails to have adequate insurance. g. The Town reserves the right to approve variations in the above requirements upon request of the Contractor, in the Town's sole discretion. h. Nothing contained in this agreement constitutes a waiver of the Town's governmental immunity pursuant to the applicable provisions of the Colorado Governmental Immunity Act. 9. AMENDMENT: a. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided; this Contract may not be modified or amended except by written agreement of the parties. b. The Town reserves the right to omit any of the tasks identified in the Scope of Services upon written notice to the Contractor. 10. MISCELLANEOUS PROVISIONS: Governing Law and Venue: This Contract shall be governed by the laws of the State of Colorado and venue shall be in the County of Lorimer, State of Colorado. Assignability This Contract is voidable by the Town if assigned by the Contractor without the prior written consent of the Town. Survival Clause: The indemnification provision of this Contract shall survive the completion of the Work and the termination of this Contract. Compliance with the Laws: The Contractor shall observe and comply with all applicable laws, including but not limited to federal, state and local laws, regulations, rules or ordinances that effect those employed or engaged by it, the materials or equipment used for the conduct of the Work, and shall procure any and all necessary approvals, licenses and permits, all at its own expense. Severability: If any provision in this Contract shall be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other part or provision hereof. Renewal: This contract is subject to renewal annually upon review and agreement of the Contractor and the Town. WORK BY ILLEGAL ALIENS PROHIBITED: This paragraph shall apply to all contractors whose performance of work under this Contract does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. (i) Contractor hereby certifies that, as of the date of this Contract, it does not knowingly employ or contract with an illegal alien and that Contractor has participated or attempted to participate in the E-Verify Program or Department Program as defined in C.R.S. §8- 17.5-101(1) ("Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (iii) Contractor hereby certifies that it has co m ed the employment eligibility of all employees who are newly hired for employment to perform work under • Contract, through participation in the Program and, if Contractor is not accepted into the Program prior to entering into • Contract, that Contractor shall apply to participate in the Program every three (3) months until Contractor is accepted or Contract has been completed, whichever is earlier. (iv) Contractor is prohibited from using the Program procedures to undertake pre- employment screening of job applicants while • Contract is being performed. (v) If Contractor obt. • actual knowledge that a subcontractor performing work under Contract knowingly employs or contracts with an illegal alien, Contractor shall be required to: (a) Notify the subcontractor and the Town wi three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b) Ter 6 ate the subcontract with the subcontractor if wi three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor s not ter. • te the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Contractor shall comply with any reasonable request by the Colorado Depa of Labor and Employment ("Department") made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. Article 17.5. ent (vii) If Contractor violates this paragraph, the Town may terminate this Contract for cause. If this Contract is so terminated, Contractor shall be liable for actual and consequential damages to the Town. IN TNESS EREOF, the parties hereto have executed Contract. ATTEST: Town Clerk TOWN OF ESTES PARK BY: yor ESTES VALLEY VICTIM ADVOCATES, INC. ATTEST: BY: E IBIT A SCOPE OF SERVICES 1. Term of Service: The term of agreement shall be from January 01, 2012, through December 31, 2012, unless earlier termination pursuant to the Contract. This Contract shall be renewed and/ or modified as necessary before the be g of a new grant term and prior to the termination date of the Contract. 2. Remuneration for Services: The Town shall pay Contractor the amount of $8,000 for immediate victim assis ce as set forth in paragraph three ("Services Provided") herein. Providing services to vic 1. • s of crime ($5,500) and crisis intervention ($2,500) in non -criminal incidents. The Town's obligation to Contractor shall not exceed a total of $8,000 for the entire term of this Contract. The Town shall also provide "in kind" contributions such as temporary use of a telephone and/or office while in the service of vic at the Police Department. 3. Services Provided: Contractor shall provide the following services: 1. Representatives to respond by phone or in person for immediate crisis intervention and counseling. 2. Contractor shall provide twenty-four (24) hour phone referral services and/or other assistance to vic ii s of all crimes in accordance to the laws of the State of Colorado. 4. INDEMNIFICATION: By accepting referrals from the Town to Estes Valley Vic u • Advocates, Inc., Contractor hereby agrees to fully comply with the provisions of the Americans with Disabilities Act ("ADA"). Contractor agrees to be fully responsible and liable for making counseling and support programs available for use by disabled participants. Contractor agrees to and does inde • and hold the Town and its agents and employees harmless from and against any and all claims, damages, losses, injuries, costs and expenses, including attorney's fees relating to or arising out of Contractor's failure to comply with the ADA. 5. POLICE RECORDS RELEASES: By accepting copies of official and confidential Police Reports, Contractor agrees to not release these reports, or any information contained therein, to anyone except its own agents/representatives who are acting in the capacity of providing the aforementioned services to the Town. Contractor assumes full responsibility for any and all breaches of confidentiality or security of records; and agrees to and does indemnify the Town for any and all liability, loss, damage, costs, expenses and attorney's fees resulting from said breach by Contractor, its agents, servants, and employees. 6. BI-AN AL D ANNUAL REPORTS: Contractor shall provide the Town with bi-annual reports on the type and total number of crimes responded to through the Project. These statistics shall include whether the vic N I was initially contacted at the time the crime occurred, noting if response was either in person, at the scene, or by phone at the scene. If initial victim contact transpires at a later time, the statistics shall indicate whether the victim was contacted in person, by phone, or by mail. Contractor shall provide the Town with bi-annual reports and adequate documentation referencing any paid positions wi their organization maintained in whole or in part by grant monies obtained by the Town. Depending upon the term and conditions of the grant, Contractor shall also provide the Town with the total final statistics that, in turn will be submitted to the grantor for any required repo • g period. RECORD OF PROCEEDINGS Regular Meeting'of the Estes Valley Planning Commission Board Room, Estes Park Town Hall Commission: Chair Doug Klink, Commissioners Ron Norris, Alan Fraundorf, John Tucker, Betty Hull, Rex PoAggnpoh|.Joe Wise Attending: Chair Klink, Commissioners 0mnis, Fraundorf, Tucbwr, HuU, Ppggenpoh, and Wise Also Attending: Director ChUoott, Planner Shirk, Town Attorney VVhite, Town Board Liaison Elrod, and Recording Secretary Thompson Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological Chair Klink called the meeting to order at 1:30 p.m. There were four people in attendance. 1. PUBLIC COMMENT DL CONSENT AGENDA Approval ofminutes, November 15.2U11Planning Commission Meeting. It was moved the consent agenda as presented, and the motion passed 6-0with Commissioner Tucker mbmton/mg' 3'AMENDED PLAT OF LOTS 22A AND 23A, HIGH PINES SUBDIVISION Planner Ghd« reviewed the staff report. This was m request to adjust the interior kd line between two existing lots to provide o more functional lot configuration. The existing configuration has oonbin straddling the property Une, and one ofthe parcels is m long nennvv tract that dqaa not have any area outside the required 25-footosdbecka. This amended plat will correct those issues and provide two functional lots with documented easements. If eppn»ved, the final p|ed would contain dedicated ooceoo and water line easements for each of the cabins on the two properties. There would also be a maintenance agreement for the shared driveway, to be recorded with the plat. Planner Shirk stated the lot sizes did not comply with the one -acre minimum lot size for the E-i—Estatezonn district. The existing lot sizes one 0.24 and 0.49 acres, with the proposed lot sizes remaining the same. However, the proposed lot configuration would provide one cabin on each |ni instead of the current configuration with one cabin straddling the. property line. Planner Shirk stated the request included a minor modification request for setback for Lot 82A. The request was 0oallow adeck setback of2Ufeet |nlieu nfthe 25 feet typically required. The application was routed to adjacent property owners and affected agencies, with nnsignificant issues orconcerns expressed. Staff had inquiries from two adjacent property mwnom, who had no concerns after explanation of the application. The Planning Commission is the recommending body, with the County Commission meeting scheduled for January 17, 2012. Staff recommended approval with five conditions, listed below. Planner Shirk stated the lots were currently nonnonforming, and would remain so. Howover, the proposed amended plat would be more in compliance with zoning regulations than the current mWmUng lots. There were nosewer mains nor sewer lines proposed. Then* is currently a right-of-way around the entire perimeter ofthe |ots, vvhk:h would serve ameasement |fneeded. RECORD OF PROCEEDINGS Estes Valley Planning Commission December 20, 2011 Public Comment Kathleen Daily/Applicant stated the amended plat would make it possible to eventually sell one of the cabins. Ms. Daily had reviewed the conditions of approval with Planner Shirk, and agreed to maintain compliance with those conditions. Conditions 1. Submittal of a revised plat, including the following changes: a. Delineate water service lines on the plat, and dedicate easements as necessary. b. The legend on the final plat shall be updated to remove unneeded labels. c. The Vested Rights Statement and Boundary Adjustment Note (include full title) shall be relocated above the Approval of Survey Plat. d. The Dedication Statement shall be amended to include language specified in Appendix B Submittal Requirements. 2. Compliance with memo from Utilities dated November 30, 2011. The Water Department reserves the right to make additional comments pending submittal of water line information. 3. Each lot shall have a separate address. This shall be completed prior to recordation of the plat. Contact Dan Kunis with the Larimer County Planning Department to discuss. 4. Review and approval of Larimer County Engineering (survey review). Requires letter of approval from Larimer County Engineering prior to mylar being sent for recording. 5. Signed Access Easement Agreement and Access Easement Declaration — Maintenance shall be submitted for recording with plat mylars, and shall include filing fee (see Larimer County Clerk and Recorder website for filing fees). It was moved and seconded (Hull/Tucker) to recommend approval of the proposed amended plat to the Board of County Commissioners with the findings and conditions recommended by staff, and authorization for the chair to sign the plat when the conditions are met and the plat is presented for signature; and the motion passed unanimously. 4. REPORTS a. Director Chilcott reported no new pre -application conferences since the last meeting. Best Western/Silver Saddle plans to move forward with their expansion. The Telemark property redevelopment application has not yet been submitted. The proposed Stonegate development has been withdrawn by the applicant. There was lengthy discussion among the Commission about the new fire codes and the impact they may have on new development and redevelopment. Commissioner Wise was noted the fire district boundaries encompass the majority of the Estes Valley Development Code area, and encouraged the two governing bodies meet to discuss ways to come into alignment. Director Chilcott suggested including Director of Public Works Scott Zurn. Town Attorney White added since this is the Town's first approved Fire Code, there may be unintended consequences, and thought it was imperative that the Town and County look at and deal with them in a responsible manner. Director Chilcott recommended asking Fire Chief Scott Dorman to update the Planning Commission on the differences between the two codes. Chair Klink invited Frank Theis, who was already in the audience, to speak. Mr. Theis is a member of the Fire District Board. He stated when the codes were adopted, they included local amendments. Mr. Theis stated the Fire District Board needs to have more discussion concerning the road and bridge standards. They spent most of their time working through an alignment with the building codes. The Fire District Board is aware of the problems, and is taking the initiative to get them resolved. b. Planner Shirk reported the Timbers Preliminary and Final Townhome Maps as well as The Promontory at Kiowa Ridge Supplemental Condominium Map #8 were approved by Town Board on November 22, 2011. He reported the Livingston Amended Plat on RECORD OF PROCEEDINGS Estes Valley Planning Commission December 20, 2011 3 Fish Hatchery Road was approved on December 13, 2011, with the condition the applicant dedicate an aerial easement for the existing overhead power line. Planner Shirk reported the County Commissioners approved the amendment to the Estes Valley Development Code (EVDC) concerning the Alteration of Nonconforming Accessory Dwelling Units, and the Town Board was scheduled to vote on the amendment on December 20, 2011. c. Planner Shirk reported the Santagati Amended Plat on Mills Drive was approved by the County Commission on November 21, 2011. An easement vacation and easement dedication in Hallett Heights was approved by the County Commission December 19, 2011. The approval vacated private access easements and addressed a long-standing drainage easement correction. d. Director Chilcott reported the Town Board and County Commission have reviewed the Accessory Dwelling Unit problem statement. The County Commissioners were supportive of long-term rentals, but expressed concern over the potential impact of short-term rentals. Town Board members had various comments, such as long-term rentals being valuable as a means to address affordable housing, and questioning whether or not two acres would be an appropriate minimum lot size for a detached accessory dwelling unit. The Town Board members recommended a discussion with Chair Klink and one other Planning Commissioner at the January 24, 2012 Town Board Study Session. That would be followed up with a joint study session between Town Board and the Planning Commissionat a future date. She asked the Commissioners to let her know if there were certain dates they would not be available to attend a joint study session. e. Director Chilcott reported at the November Planning Commission meeting that local residents Tom Gresslin and Dave Schultz expressed concerns about the minor modifications of The Meadow Condominiums Development Plan that were approved at staff level. Staff reviewed the specifics in the EVDC as to when staff shall not approve a minor modification. It was determined by staff, with Attorney White in agreement, these specific provisions were not violated. Director Chilcott stated the duplex containing Units 5 & 6, as constructed, do not comply with the maximum allowable height. Per the height variance application submitted on December 19, 2011, there was a change to the truss plans that was not reflected on the construction plans submitted with the building permit application. The Estes Valley Board of Adjustment will review this application on January 10, 2012. Discussions followed between staff, the Planning Commission, and Attorney White about the height of this duplex and the future units in the development. Commissioner Hull expressed concern that the rest of the buildings in the development comply with the maximum allowable height. 5. ELECTIONS It was moved and seconded (Hull/Norris) to appoint the Community Development Department Administrative Assistant as the Recording Secretary for 2012, and the motion passed unanimously. There being no further business, Chair Klink adjourned the meeting at 2:23 p.m. Doug Klink, Chair Karen Thompson, Recording Secretary Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Alison Chiicott, Community Development Director Date: RE: January 24, 2012 SUPPLEMENTAL CONDOMINIUM MAP, Units 5 & 6, The Meadows Condominiums — Jim Tawney/Applicant Background: The applicant, Jim Tawney, has submitted a supplemental condominium map application for The Meadows Condominiums. The application is posted at www.estes.org. The site is located at the northwest corner of Mary's Lake Road and Kiowa Drive. This is the first supplemental condominium map, condominiumizing a duplex containing Units 5 and 6. Units are addressed 321 and 325 Kiowa Trail. '61� llliillpll 111111111111111111111 oil !�� 1 hlonolo Comments are attached from Mr. Sibilia, a Marys Lake Lodge unit owner. This references building height. Unit 5 exceeded the maximum allowable height established in the Estes Valley Development Code. On January 10, 2012 the Estes Valley Board of Adjustment approved a height variance of approximately 0.9 feet. Four of the 35 unitsapproved on this site have been constructed. Budget; N/A t:ff c n ti plans ere sub i es on Janua 1 : h for staff revie conditions. a ill revie the plans prior to e Janua • 1 • ti ove for the • r • V;1 : Sta reco ends approval 1 ith t o conditions. evised to address the reco ended 24 To n oard eetin s. 1) of the supple ental condo iniu ap conditional to: 1. The ap shall be revised as describe' in the attached letter fro • aveshirk to the applicant dated s ecember 15, 2011; and 2. The ap and declaration shall be revised to address the co ents fro To n Attorney hite dated ecember 14, 2011. stu Swey.or Center ;iirr, December 15, 2011 Jim Tewney 1820 Fall River Road Estes Park, CO 80517 RE: The Meadow Condominiums Supplemental Map 01 To Whom It May Concern: This letter Is inform you Staff has reviewed the The Meadow Condominiums Supplemental Map #1 application, end found it to be su ntialiy complete. Howev this item cannot be ached ., led for Town Board nsvlew untli the height ue has been resolved either by removal and reconstruction, or with an approved variance from the Estes Valley Board of Adjustment. If a complete variance application Is submitted by Monday December 19, 2011, Community Development will schedule the variance for the January 10, 2012 Board of Adjustment meeting, and schedule this plat for the January 24 Town Board meeting. If the variance application is not submitted by December 19, this supplemental map application will be considered Incomplete. If scheduled for the January 24, 2012 meeting, a revised condominium map will need to be submitted no later than January 16, and must address the following: Please Include "Marys Meadow Replat" with Lot 2A label, 2. Clarify the area inside the short -dashed line around Units 5-8 Is either LCE or GCE. 3. Include the short -dashed line in the legend. 4. Please include unit numbers to be finalized In the title, and ensure the title on top of the page, side of the page, and dedication statement are consistent, 5. Don't forget to include revision date and 11x17 reductions. 6. t.iendholders signatuY is not necessary, unless additional right-of-way or easements are being dedicated. 7. Section C-C' Includes a roof 'pop-up' but other drawings do not. Why? 8. Please include lot designation for lots to the south end west of Lot 4A, 9, Please refer to Town Attorney White's attached email. Should you have questions regarding this matter, 'please feel free to contact Community Development at your cony r nienc . Thank you Respectfully, d ?ld V. Shirk, AI' Planner cc: Von Horn Engineering (via email) DavyDav4, Shi From: Sent: Tc! Cc: Subject: Attechmenth: Dave: Greg White [greg©gawhite.comi Wednesday, December 14, 2011 11:40 AM Dave Shirk Jae Coop FW: Lot 4A, Marys Meadow Replat, The Meadows Supplemental Condominium Map #1, 321 & 325 Kiowa Dr - REFERRAL FOR COMMENT Scanned from Town of Estes Park comdev001.pdf I have reviewed the Statementof Intent, the Supplemental Condominium Map, and Proposed First Amendment to the Meadows Condominiums Co mon Interest Community Declaration. I have the following comments: 1. First Amendment to Declaration —Section 1, Article V should be amended by the additio of the f flowing lan!uage: "Any supplemental condomm ap shall be subject to the subdivisi n approval process of the Town of Estes Park, Colorado." 2. I note that in the attic space in the units are identified as GCEs (general common elements) rather than LCEs (limited common elements). I have no other comments concerning the other documents, Thanks, Greg Karen Thompson 19102;1011010301025iWitgl Sent Friday, December 09, 2011 1:01 PM To; Greg White Cc: Dave Shirk SubJei& Lot 4A, Marys Meadow Repat, The Meadows REFERRAL FOR COMMENT Greg— upplemental Condominium Map #1, 321 & 325 Kiowa Dr - There Is an additional attachment for your review, 1 didn't put it on the web, Thanks. Contact info: Owner — Jim Tawney„ Marys Meadow Development Inc. 1820 Fall River Rd, Estes Park, CO 80517 970-586-41233 Fax 586-0117 no e all . r —Van Horn Engineering & Surveying —Joe Coop irsztheaddimm 970-586-9388 PEI:FERAL Alison Chilcott factok Alison Chilcott Sent: Friday, January 13, 2012 1:44 PM To: 'kenmll yahoo,com' Subject: FW: The Meadows Condominiums Attachments: DP 06-01 B-1 .tif Mr. Sibilia, I have attached a copy of the approved development plan (Page 1) which gives an overview of the development. The height variance request was approved by the Board of Adjustment on January 10th. The Board of Adjustment application, on the webpage below, includes a statement from the general contractor about how the building was built over the height limit. The Supplemental Condominium Map is schedule for Town Board on January 24th. You are welcome to attend the Town Board meeting and provide public comment if you wish to. http:/www.estes.org/comdeviCurrentRequests. px 'cf.Di-ector riufgty Development Deparhno& ,o fsu Pork PO Box 1200 17C iviacOregor Avenue 970) .577-3720 (phone) (970) 586-0249 (hu) r www.este .orq From: Ken Sibilia Sent: Thursday, )anuary 12, 2012 2:07 PM To: Alison ChlIcott Subject; The Meadows Condominiums This continues to he one thing after another, How ean they build it too high? Do they not know what they are doing or is this just another way of doing what you want and then asking for tOrgiveness? Where can 1 0nd the total project plan? 'Ls this available on-line? in advance, I appreciate your help on this matter. I do phtn to send a -,formal response and may even make the hip back out again so 1can one again attend the planning meeting. I see the meeting is January '24, 2012 at 7PM. Will 1 be able to speak or Who has the ability to contribute? ,tilts again for you time and prompt response as 1 do not have much time, Ken 402-669-9636 Alison Chilcott David Shirk January 21, 2012 Town Board of Trustees, Re: The Meadow Condominiums Supplemental Map #1 321 & 325 Kiowa Drive Within Town Limits Estes Park Town Board 1/24/12 Statement of Intent and Application Site Plan Staff Report available 1/9/12 Send Comments to Dave Shirk at dshirk(estes.orq Please submit this document as a formal complaint about the recent change requested by the owner / developer of the Meadows Condominium Project. It is my desire to have the requested change on properties 321 & 325 Kiowa Drive be rejected. This project has consistently been challenged by the neighbors as to its ability to be built in a Historic Corridor without significant impact to the neighbors, as defined in the code. To date, this project has eliminated significant views of the properties south of Kiowa Drive, had said property built in excess of height limits (which should have been very sacred as code dictates), had prior requested property plan changes be removed (2009), been met with constant challenges from the neighbors and the further loss of views along Kiowa Trail as additional units are built. If this is not enough, the owner, in the January 10th Valley Board of Adjustments hearing on the height violation, stated on public record he is tired of the neighbors and doesn't care, it is his money. Now, we have another request for change after the unit is completed. In 2009, the owner requested modification to his project plans. During the meeting it was clear that the owner and developer were making significant changes to their project. The objections from the neighbors resulted in the Planning Commission encouraging the owner to withdraw his request, which he did. The owner / developer were encouraged to try to resolve the concerns with the neighbors. I personally offered to meet with the owner and the developer. To this day, neither has made any attempt to meet with me so I can better understand their intent. Now, the owner's / developer's history of ignoring code (exceeding heights due to a "mistake") even though the height was challenged in August, disregard for the neighbors concerns, and the last minute changes here today makes it concerning that this is not the end for these one by one last minute after the fact requests. As a professional, how can you possibly complete work, on a plan that was approved in 2006, and then decide a change is needed. It seems underhanded especially since the history of distain and lack of concern for anyone but himself is so documented. While these requests seem "innocent" on their own, the more they are requested these innocent requests may be far from innocent. In fact, is it simply a way of getting back to the 2009 plan request that was removed? It is clear that the owner / developer has consistently demonstrated a complete disregard for the neighbors. It is through their own actions, lack of foresight, inability to follow building codes and the obvious "ask for forgiveness" attitude as stated by one of the Valley Board of Adjustment directors in the January 10th meeting that the project's credibility and its value to our already impacted community comes into question. I feel this request should be denied and the owner / developer submit their entire project plan changes as a complete plan. This would allow all the different entities of Estes Park to properly review according to the code. It would also allow the neighbors to understand just what exactly they are trying to accomplish. If the owner / developer is truly tired of the "neighbors," then just maybe they should approach this project in a more community oriented manner. It might be beneficial if an ombudsman be involved to come to an understanding. This could save the Valley Board of Trustees, the Planning Commission, the Town Board of Trustees and most of all the already overworked Community Development Department a great deal of work and headaches. I further believe that a cooperative approach might make the owner / developer's project a little easier as they might receive less resistance if responsible informed development took place. I agree the owner does have the right to build. But I feel the many entities that govern the code and responsible building have a greater role to play. One of the reasons we bought in Estes Park was because we believed there was a great deal of effort and respect for the beauty of the park and especially the Historic Corridor. Our realtor and the developer spoke very highly of this fact. Now, 5 years later, we see a plan that will encroach on the very views we were sold on. In fact, many of the condos at Marys Lake have the legal lot description of "Lakeview." As this project and the owner / developer, with their last minute after the fact requests for changes and forgiveness continues, what more damage will this project render unrecoverable? I beg anyone to convince me that the encroachment of views and the ongoing lack of a definitive plan for the Meadows (one without changes tomorrow, the next day, the next week, the next month or the next year) has no impact on my property value prior to the start of the project. Responsible development cannot exclude the impact of monetary or scenic views in a place like Estes Park. Continued disregard of this fact by those responsible for guarding it (I include myself in this group) will cause unrecoverable damage that will be lost for generations to come. Since the owner / developer received another exception for the code violation of the height limit, PLEASE hold them accountable for the understanding of the entire plan for the project and not just the part for the meeting on January 24th. I am ce in at failure to require the entire plan will only mean that we will be sitting in this room on another day and another day and another day. I cannot overstate the need for RESPONSIBLE development, which means complete plans and not just let's get by for now plans. I appreciate your listening to my concerns. I beg you to demand excellence. have no way to recover anything less. Ken Sibilia 0 er ary's Lake Lodge Unit 41B 1415 Crawford Road Omaha, NE 68144 Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Ha!burnt TO N OF ESTES iiiip, uuuu wiipuuuWhlOil fiul uulllupumi �� wiami i i� uuq,M From: Jackie Williamson, Town Clerk Date: January 18, 2012 RE: Resolution # 02-12 — Officially Scheduling Regular Municipal Election — April 3, 2012 Background: As per State Statute, the next regular Municipal election will be held on April 3, 2012. This election would fill four positions on the Town Board including three Trustee positions held by Trustees Ericson, Levine and Miller and the Mayor seat. In the past, the Town Board by Resolution has designated the Town Clerk to be the Designated Election Official for the Town of Estes Park, thereby giving authority to complete all aspects of the Municipal election. This year as in 2010, the Town Clerk's Office would suggest hiring Larimer County to facilitate the election as a mail ballot election. The state law requires all municipalities to honor permanent mail ballot voter requests. A majority of the Town's electorate (approximately 68% or 2,324 active voters) have requested a permanent mail ballot at this time. A poll election for the remaining 30% would not be feasible because of the additional cost to mail required ballots, equipment costs, hiring of judges, and additional staff time to prepare mail ballots and staff a polling place. The proposed Resolution #02-12 would set the election as a mail ballot only election. In order to formally obtain the assistance of Larimer County, an Intergovemmental Agreement is required and has been included in the packet for the Board's review. Exhibit A of the agreement contains the estimated costs which exceed the 2012 election budget by approximately $4,400. This is due in part because the estimate provided for the 2012 budget is for material and supplies only and does not include the Clerk's Office staff salaries. The County estimate includes County staff time to facilitate a large portion of the election, thereby freeing up approximately 3 weeks of staff time in the Clerk's Office to complete projects. The Clerk's Office would also benefit from the expertise of the County as it relates to mail ballot elections. Budget: Per the Intergovernmental Agreement with Larimer County, the estimated cost of the election would be $15,849.01 payable from account #101-1400-411-26-01. Page 1 ta eco en. ation: The Town Clerk's Office recommends approval of Resolution #02-12 and the IGA with Larimer County for services related to the April 3, 2012 Regular unicipal election. • a ple otion: I ove to a election se • prove/deny esolution 02-12 an ices related to the pril 3, 2012 the 1 e! ular • with Lad er County for unicipal election. RESOLUTION NO. 02-12 WHEREAS, by the Statutes of the State of Colorado, the 3`d day of April, 2012 is fixed as the time for a regular municipal election to elect three Trustees and the Mayor. WHEREAS, it is the duty of the Board of Trustees to provide for the holding of such an election; and WHEREAS, it is the decision of the Town Board by the adoption of this Resolution to hold the Regular Municipal election of April 3, 2012 by mail ballot pursuant to the provisions of Section 1-7.5-104 C.R.S.; and WHEREAS, the Town Board hereby determines that the Larimer County Clerk and Recorder's Office shall conduct the mail ballot election on behalf of the Town of Estes Park; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That pursuant to the provisions of Section 1-7.5-104 C.R.S. the Municipal Election of April 3, 2012 shall be a mail ballot election conducted in conformance with the provisions of Article 7.5 of Title 1 C.R.S. 2. That Scott Doyle, Clerk and Recorder of Larimer County, Colorado be and is hereby appointed as the Designated Election Official for the Town of Estes Park for the conduct of this mail ballot election. 3. That the Mail Ballot Plan, a copy of which is attached hereto as Exhibit A, be filed with the Colorado Secretary of State by the Designated Election Official. 4. That the Designated Election Official is hereby authorized to make any requested changes in the Mail Ballot Plan by the Colorado Secretary of State. 5. That the Agreement Concerning Election Services between the Larimer County Clerk and Recorder and the Town of Estes Park, a copy of which is attached hereto as Exhibit , is hereby approved. 6. That the Town Clerk is hereby designated by the oard of Trustees to fix the ballot for the Regular unicipal Election on April 3, 2012 and transmit said ballot title to the Designated Election Official. DATED this day of 2012. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk MAIL BALLOT PLAN COLORADO SECRETARY OF STATE 1700 BROADWAY, SUITE 270 DENVER, COLORADO 80290 PHONE: 303-894-2200 FAX: 303-869-4861 INTRODUCTION Pursuant to section 1-7.5-105 (1) of the Colorado Revised Statutes and the Colorado Secretary of State's Election Rule 12.3.2, the designated election official responsible for conducting a mail ballot election must submit a written mail ballot plan to the Secretary of State. This mail ballot plan must be submitted at least sixty-five (65) days prior to a regular special district election and no later than fifty-five (55) days prior to any other election. Additionally, a special district may request a seven (7) day filing extension if the mail ballot plan is for a regular special district election that may be cancelled. Please see Election Rule 12.3.5 for more information. The following standard fillable form is designed to aid you in your completion and submission of the required mail ballot plan. This form may be completed online and then saved to your computer. Once you have saved the form to your computer, you will be able to submit the entire plan to the Secretary of State's office via email, regular mail, or fax. Please refer to the instruction section below for more complete guidance. NOTE: Pursuant to section 1-7.5-104, C.R.S., a mail ballot election cannot be held for elections or recall elections that involve partisan candidates or elections held in conjunction with, or on the same day as, a congressional vacancy election. A separate plan template will be available for any primary election conducted as mail ballot in accordance with House Bill 09-1015. INSTRUCTIONS (Please read this section COMPLETELY. Failure to do so may result in undue delay in the approval of your plan.) Spaces and check boxes are provided below for each required aspect of the mail ballot plan. Please fill out the form in its entirety, making sure to check all boxes where applicable. Additional pages may be attached to the end of the mail ballot plan if necessary. Election Rules 12.3.2 and 12.3.4 require the submission of a sample secrecy sleeve or envelope and a written timetable, respectively. A copy of the Secretary of State approved secrecy sleeve is included at the end of this form. Please review the secrecy sleeve and indicate your usage of the approved sleeve by checking the box associated with the secrecy sleeve (Item "t." of the mail ballot plan). Additionally, a written timetable is provided at the end of this fillable form. Please fill in the date column of the timetable to 'indicate the date or range of dates for each required occurrence. When you have checked each applicable box and supplied all required information, please save the form to your computer. Once the form is saved, you may choose your method of submittal (email, regular mail, or fax). The Secretary of State's office recommends that you email your plan as an attachment to rose.sanchez@sos.state.co.us; doing so will ensure a more prompt response. However, if you prefer regular mail or fax, please be aware that these methods are also acceptable. Please send any mailed or faxed plans ATTN: Rose Sanchez. ATTENTION HOME RULE MUNICIPALITIES The Secretary of State will not review the mail ballot plan of any home rule municipality that fails to read and affirm the following declaration. Please indicate your affirmation by checking the box. E] Although I am submitting this plan on behalf of a home rule municipality, this mail ballot election will be conducted in accordance with state law. As such, this plan does not contain any locally -adopted election procedures that differ from the state procedures set forth in the Colorado Mail Ballot Election Act (§§ 1-7.5-101 through 1-7.5-111, C.R.S.) or in Election Rule 12. Colorado Secretary of State Updated 7/13/09 Name of person submitting plan: Scott Doyle, Larimer County Clerk and Recorder Address: 200 W. Oak Street; Fort Collins, CO 80521 (PO Box 1547; Fort Collins, CO 80522) Email: sdoyle@larimer.org a. Date of the election: April 3, 2012 b. Type and name of the jurisdiction(s) involved in the election (Example: county, municipality, special district, school district, etc.): Larimer County and Town of Estes Park. c. Description of the type of election to be conducted (Example: coordinated election, recall election, special election, etc.): Board of Trustees Election for the Town of Estes Park. d. Citation of the statute authorizing the election: Uniform Election Code of 1992 (Title 1, Article 7.5, Colorado Revised Statutes) and Section 31-10 - 101 C.R.S. e. Estimated number of eligible electors: 3800. Z Between twenty-two (22) and eighteen (18) days before the election, the designated election official will mail to each active registered elector a mail ballot packet. f. Name of the designated election official who will be responsible for all aspects of the election: Scott Doyle, Larimer County Clerk and Recorder g. If the election is NOT being conducted by the County Clerk & Recorder, an indication of whether the County Clerk and Recorder will assist in the election for the entity other than by providing a list of registered electors and other information required by statute (Please check the appropriate box): Yes, the County Clerk and Recorder will assist in the election for the entity other than by providing a list of registered electors and other information required by statute. (If yes, please read the following statement regarding use of county voting systems, check the corresponding box if applicable, and provide the requested information.) The County Clerk and Recorder will assist in the election for the entity by providing voting systems to be used by the entity during the election. The make and model number of the voting systems to be used is as follows: Make(s): Model Number(s): fl No, the County Clerk and Recorder will not assist in the Election for the entity other than by providing a list of registered electors and other information required by statute. h. Total number of "Places of deposit." Note: For security reasons, unmonitored freestanding places of deposit located out-of-doors are not allowed (In addition to indicating the number of "places of deposit," please read the statements below, check the appropriate box, and provide additional information if applicable): 3 (three) LI All "places of deposit" and any walk-in voting locations will be located within the political subdivision. 2 Z At least one or all "places of deposit" will be located outside of the county, municipality, or special district. Such "places of deposit" are within reasonable proximity to the political subdivision or the majority of electors. The reasons for requesting permission from the Secretary of State for such "places of deposit" are as follows: Two places of deposit will be located within the political subdivision (Town of Estes Park). There will be an additional place of deposit at the Larimer County Clerk's office located at 200 West Oak Street in Fort Collins, CO. i. For elections coordinated by the County Clerk and Recorder, the total number of walk-in voting locations: N/A. Walk-in voting is not required. This election is for a municipality and there are no other coordinating entities Number of accessible voting machines anticipated being used for walk-in voting locations in elections coordinated by the County Clerk and Recorder: N/A 1. Length of time accessible voting machines will be available for walk-in voting in elections coordinated by the County Clerk and Recorder (Please include hours of operation. Example: 7:00 am to 7:00 pm.): N/A k. Please complete the written timetable near the end of this form. You must provide a date or a range of dates for each occurrence listed in the left-hand column of the timetable. 1. Indication of how postage will be handled for ballot packets returned as undeliverable (Please read and indicate your compliance by checking the box): 61. As the designated election official, I hereby affirm that ballot packets will be marked "DO NOT FORWARD. ADDRESS CORRECTION REQUESTED," "RETURN POSTAGE GUARANTEED," or any other similar language that is in accordance with United States Postal Service regulations. m. Indication of procedures to be followed to ensure compliance with statutes and rules, including persons responsible for each stage (Please read and indicate your compliance by checking each box): Z As the designated election official, I hereby affirm that I have read and understand Article 7.5 of Title 1, C.R.S. and Secretary of State Election Rule 12 and that appropriate measures and procedures will be undertaken to ensure compliance with these statutes and rules. If the designated election official is not the person responsible for such compliance, please indicate the person responsible: Z The designated election official will supervise the distributing, handling, counting of ballots and the survey of returns in accordance with rules promulgated by the Secretary of State and will take the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election. Z The Postmaster or local postal representative has been notified of the election and provided with the design of the ballot packet to ensure that postal standards are met. For elections where multiple ballots will be included in the same packet or will be sent in separate packets, the ballots and return envelopes shall include distinctive markings or colors to identify political subdivisions when the colors or distinctive markings will aid in the distribution and tabulation of the ballots. 3 • For all coordinated elections where more than one mail ballot is being mailed or polling place elections are being held as well as the mail ballot election, the outgoing envelope as well as the instructions or other notice shall have the following notice: "This may not be your only ballot. Other elections may be held by other political subdivisions by mail or by polling place." El All deposited ballots will be counted as provided in Article 7.5 of Title 1, C.R.S. and by rules promulgated by the Secretary of State. A mail ballot will be valid and counted only if it is returned in the return envelope, the self -affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified. • If the election official determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the first ballot returned by the elector will be considered the elector's official ballot. n. Description of procedures to be used to ensure ballot security at all stages of the process (Please read and indicate your compliance by checking each box): M The ballot or ballot label will contain the following warning: "WARNING: Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both." • The return envelope will have printed on it a self-affmnation substantially in the following form: "I state under penalty of perjury that I am an eligible elector; that my signature and name are as shown on this envelope; that I have not and will not cast any vote in this election except by the enclosed ballot; and that my ballot is enclosed in accord with the provisions of the "Uniform Election Code of 1992." Date: Signature of Voter: • When not being processed, ballot packets will be placed in a safe, secure area under the supervision of the designated election official, election judge, or person designated by the designated election official. Eg A replacement ballot may be requested if the ballot was destroyed, spoiled, lost, or not received by the elector. The elector requesting the replacement ballot must complete a sworn statement in compliance with section 1-7.5-107(3)(d)(I), C.R.S. The form may be mailed to an elector along with their mail ballot packet, however, it must be returned to the election official on or before election day. [ZI Ballots will not be left unattended while being processed. After processing is complete, ballots will be placed in a safe and secure area. Access to the secure area shall be determined by the County Clerk and Recorder or designated election official. o. Description of procedures for maintaining privacy and security of accessible voting machines to be used in an election coordinated by the County Clerk and Recorder (If this section does not apply 4 to you, please check the box marked "Not applicable and then indicate the reason(s) why this section does not apply to you): At the voter's request, the election judge will instruct the voter on the use of the accessible machine. El Each accessible voting device will be positioned as to protect each voter's privacy while voting. 0 For elections coordinated by the County Clerk and Recorder, a security plan will be submitted in accordance with Rule 43 in addition to the mail ballot plan, if such security plan has not already been received by the Secretary of State. In an election coordinated by the County Clerk and Recorder, if a voter surrenders a mail ballot to the designated election official and votes in -person on an accessible device provided for the election, the accessible device will be subject to the privacy, security and accuracy standards set forth in the Election Rules and Title 1, C.R.S. Not applicable for the following reason(s) (Please check all that apply): This election is being conducted as an independent mail ballot election that is not coordinated with the County Clerk and Recorder. El This election will be conducted with the use of paper ballots; no voting machines will be involved in this election. For November elections coordinated bv the County Clerk and Recorder only, description of procedures to be used for signature verification (Please read and indicate your compliance by checking each box. If this section does not apply to you, please check the box marked "Not applicable" and supply the requested information.): An election judge will compare the signature on the self -affirmation on each return envelope with the signature of the eligible elector on file in the office of the County Clerk and Recorder. LI If, upon comparing the signature on the self -affirmation on the return envelope with the signature of the eligible elector on file with the County Clerk and Recorder, the election judge determines that the signatures do not match, two other election judges of different political party affiliations will simultaneously compare the signatures. If both other election judges agree that the signatures do not match, the County Clerk and Recorder will, within three (3) days after the signature deficiency has been confirmed, but in no event later than two (2) days after the election day, send a letter to the eligible elector explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the County Clerk and Recorder. LI If the County Clerk and Recorder receives the form within eight (8) days after the election confirming that the elector returned a ballot to the County Clerk and Recorder and enclosing a copy of the elector's identification, and if the ballot is otherwise valid, the ballot will be counted. El If the eligible elector returns the form indicating that the elector did not return a ballot to the County Clerk and Recorder, or if the eligible elector does not return the form within eight (8) days after election day, the self -affirmation on the return envelope will be 5 q• categorized as incorrect, the ballot will not be counted, and the County Clerk and Recorder will send copies of the eligible elector's signature on the return envelope and the signature on file with the County Clerk and Recorder to the District Attorney for investigation. E] An original return envelope with an enclosed secrecy envelope containing a voted ballot that is not counted due to a discrepancy in signatures in accordance with the above procedures will be stored under seal in the office of the County Clerk and Recorder in a secure location separate from valid return envelopes and may be removed only under the authority of the District Attorney or by order of a court having jurisdiction. fl In the case of a disagreement among the election judges as to whether the signature of an eligible elector on the self -affirmation on the return envelope matches the signature of the eligible elector on file with the County Clerk and Recorder, the mail ballot will be counted in the same manner as ballots received in valid, verified return envelopes. El An election judge will not determine that the signature of an eligible elector on the self - affirmation does not match the signature of that eligible elector on file with the County Clerk and Recorder solely on the basis of substitution of initials or use of a common nickname. El Not applicable as this election is being conducted as an independent mail ballot election that is not coordinated with the County Clerk and Recorder. Description of Procedures to be used for ballots returned by electors who have not previously voted in Colorado and have failed to include proper proof of identification (section 1-7.5- 107(3.5)(d), C.R.S.): E Upon receipt of a mail ballot, from an elector who has not previously voted in Colorado, which does not contain a proper form of identification as required under section 1-7.5-107(3.5)(b), C.R.S., the designated election official will, within three (3) days after receipt of the mail ballot, but in no event later than two (2) days after election day, send to the eligible elector a letter explaining the lack of compliance with section 1-7.5-107(3.5)(b), C.R.S.. El If the designated election official receives a copy of identification in compliance with section 1-7.5-107(3.5)(b), C.R.S. within eight (8) days after election day, and if the mail ballot is otherwise valid, the mail ballot will be counted. r. Description of procedures to ensure privacy by use of a secrecy sleeve or secrecy envelope so receiving judges cannot tell how the elector voted (Please read and indicate your compliance by checking each box): El The Secretary of State approved secrecy sleeve will be included in the mail ballot package. s. Description of procedures to be used to reconcile ballots issued, ballots received, defective ballots and substitute ballots (Please read and indicate your compliance by checking each box): NOTE: Larimer County will date stamp the ballot envelopes and not the ballots. Ballots will be date stamped upon receipt. Each day when ballots come in, a judge will count the ballots, batch them, and record the number of ballots received including those that were returned as undeliverable. 6 The designated election official or the County Clerk and Recorder will maintain a daily reconciliation log containing the number of ballots issued, returned, and outstanding. t. Please review the Secretary of State approved Secrecy Sleeve at the bottom of this fillable fo (Please read the following statement and indicate your compliance by checking the box): As the designated election official, I hereby a that the Secretary of State approved secrecy sleeve contained at the end of this form is a true and accurate representation of the secrecy sleeve to be used in the mail ballot election. 7 TTEN TIMETABLE COLO IOSECRET • Y OF STATE 1700 BROADWAY, SUITE 270 DENVER, COLO DO 80290 PHONE: 303-894-2200 FAX: 303-869-4861 Pursuant to Election Rule 12.3.4, the desi ted election official must prepare a written timetable for conducting the mail ballot election with specific dates or range of dates when each activity is to be completed. Please complete the following timetable by supplying the following dates or range of dates on the right: Date: Date copy of written plan was submitted to the governing body January 24, 2012 Date of approval of election by governing body January 24, 2012 Date of submission of written plan to Secretary of State's office February 8, 2012 Anticipated date of approval by Secretary of State February 23, 2012 Date of publication of notice of election March 14, 2012 Date of notice of election to the county clerk N/A Date of notice of election to the county assessor, if property owners are eligible to vote in the election N/A Date of close of registration March 5, 2012 Date by which the County Clerk and Recorder must submit the list of eligible electors to the political subdivision and, if property owners are eligible to vote in the election, the date by which the county assessor must submit the list of property owners N/A For elections cool'. I .ted by the County Clerk and Recorder, date notice will be given to voters of walk-in voting and accessible voting options N/A Date ballots will be mailed March 14, 2012 Date verification and counting of ballots will begin March 27, 2012 Date of election April 3, 2012 8 AGREEMENT CONCERNING ELECTION SERVICES THIS AGREEMENT is made effective this 26 day of January, 2012, between the Larimer County Clerk and Recorder ("Clerk") and the Town of Estes Park (the "Town"): The Town has the Board of ""Trustees election on April 3, 2012 pursuant to C.R.S. §31-10- 101(the "Election"); and The Town wishes to conduct a mail ballot election pursuant to the terms and conditions of this Agreement; and The Clerk has agreed to perform certain election services set forth herein in consideration of the performance by the Town of its obligations and payment of a fee as set forth herein; and The Town has approved this Agreement pursuant to Resolution No. which Resolution is incorporated herein by reference. NOW, THEREFORE, in consideration of their mutual promises contained herein, the parties agree as follows: 1. Duties of the Clerk The Clerk has designated Doreen Bellfy, whose telephone number is (970) 498-7941, as the "Contact Officer" to act as the primary liaison between the Clerk and the Town for the purposes of the Election. The Contact Officer shall act under the authority of the Clerk. The Clerk agrees to perform the following duties, or such other duties as may be mutually agreed upon by the parties in writing, in connection with the Election: A. Preparation for the Election 1. Provide the Town a street locator file, which lists the street addresses located in the Town within the Clerk's voter registration system. 2. Assist and inform the Town on any matter that should ensure the efficient preparation and conduct of the Election. The Clerk shall not provide legal advice. 3. Manage all voter records and correspondence in accordance with Title 1, Colorado Revised Statutes, Colorado Secretary of State Election Rules and policy directives of the Colorado Secretary of State. 4. Supply, deliver and set up all necessary items for the conduct and preparation of the Election. 5. Certify the election judges and determine their compensation. Train election judges prior to the election, including specific instruction in the secure operation of the election equipment. 1 6. Place the ballot content properly certified to the Clerk in accordance with law upon the ballot. Certify the ballot content to the printer. Contract for printed ballots and coordinate payment to printer(s). 7. Provide, no later than twenty days before the Election, notice by publication of a mail ballot election pursuant to C.R.S. §1-7.5-107(2.5). Such notice shall satisfy the publication requirement of the Town in C.R.S. §31-10-501(1). 8. Conduct any required tests and audits of the voting system prior to and after the Election C.R.S. §1-7-509(1) and Secretary of State Election Rule 11.5. 9. Establish backup procedures and a backup site for the counting of the Election, should the counting equipment become unavailable during the count. 10. File and receive approval from the Colorado Secretary of State of the Mail Ballot Plan. The Clerk shall notify the Town of any changes or amendments made by the Colorado Secretary of State to the Mail Ballot Plan. B. Conduct of the Election 1. Provide that mail ballot packets be mailed to every active eligible elector and that the Election shall be conducted in accordance with C.R.S. Title 1, Article 7.5. 2. Provide for the security and processing of all mail ballots. 3. Facilitate special accommodations for all military and overseas citizens as provided by the Uniformed and Overseas Citizens Absentee Voting Act. 4. Provide provisional ballots to electors who qualify under C.R.S. §1-8.5-101. Provide a telephone number that provisional voters may call to inquire if their provisional ballot counted. 5. Provide properly trained personnel for the preparation and conduct of the Election. Provide personnel at the tabulation center on Election Day/Night to certify unofficial results. 6. Preserve all Election records for at least twenty-five months after the election. 7. Conduct a recount of any contest where the final ballot tabulation results are close enough to require a recount or if requested by an interested party. C. Election Costs 1. Keep an accurate account of all Election costs including, but not limited to, supplies, printing costs, legal notices, temporary labor and other expenses attributable to the Clerk's administration of the Mail Ballot Election for the Town. 2. A recount is not included in the original cost estimation, therefore, there will be an additional charge should a recount be mandated. 2 III. Duties of the Town The Town has designated Scott Doyle, Larimer County Clerk and Recorder as its Designated Election Official ("DEO"). The Town shall perform the following duties in connection with the Election: A. Preparation for the Election 1. Post and/or publish any other legal notices required pursuant to relevant provisions of the Colorado Municipal Election Code of 1965, §31-10-101, et seq., C.R.S., as amended, except as otherwise provided herein. 2. Be solely responsible for determining whether the ballot question is properly placed before the voters. 3. Review the information contained in the street locator file and certify its accuracy, as well as any changes, additions or deletions to the file. The certification of the street locator file shall be made no later than February 6, 2012 at 5:00 p.m. to the Clerk. 4. Provide a certified copy as an email attachment to elections.co.Iarimer.co.us or on compact disc (650 MB or higher), in the format requested below, no later than March 2, 2012 of the ballot content to the Clerk exactly as and in the order in which it is to appear and be printed on the ballot pages and sample ballots. The certified ballot question shall be final and the Clerk will not be responsible for making any changes after the certification. • Microsoft Word '97 or a version of Microsoft Word able to be converted to Microsoft Word '97 • Font Type: Arial • Font Size: 10 point • Justification: Left • All Margins: 0.5 inches 5. Proofread and approve the Town's ballot content for printing within one business day of receipt from the Clerk. The Town shall provide a fax number and designate a person to be available for proofing and approving ballot content for printing. The Clerk agrees to keep all contact personnel apprised of ballot printing status for all contacts. The Town has designated , whose phone is and fax number is 6. If requested by the Clerk, provide person(s) to participate in ballot counting, and recount for the Election. The Town personnel may participate in various boards with personnel from the Clerk's office to ensure Town's participation in each of the electronic vote tabulating procedures that shall be used. The person(s) provided by the Town must be registered to vote in Larimer County. 3 B. Election Contest 1. The Town shall immediately notify the Clerk of any Election contest that is initiated and shall keep the Clerk apprised of the need to retain Election records for use in such a contest. C. Election Costs 1. The Town's cost shall be based on County expenditures relative to the Election and the number of electors. 2. The Town avers that it has sufficient funds available in its approved budget to pay its Election expenses. 3. If it is determined that counting must be moved to an established backup site, all related costs shall be paid by the Town. 4. Upon receipt of the invoice, pay to the Clerk within thirty days a fee which shall be an amount determined in accordance with the formula set forth on Exhibit A which is attached hereto and incorporated herein by reference. 5. Pay any additional or unique election costs resulting from delays, recounts, and/or special preparations or cancellations relating to the Town's participation in the Election. lllll Additional Agreements 1. In the event a court of competent jurisdiction finds the Election for the Town was void or otherwise fatally defective as a result of the sole breach or failure of the Clerk to perform in accordance with this Agreement or laws applicable to the election, the Town shall be entitled to recover expenses or losses caused by such breach or failure up to the maximum amount paid by the Town to the Clerk under this Agreement. The Clerk shall in no event be liable for any expenses, damages or losses in excess of the amounts paid under this Agreement. This remedy shall be the sole and exclusive remedy for the breach available to the Town under this Agreement. 2. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges, immunities to the parties, their officers or employees may possess, except as expressly stated in this Agreement. 3. Time is of the essence under this Agreement. The statutory time frames or requirements of the Code and the Rules shall apply to the completion of any duties or tasks required under this Agreement. 4 EXHI • IT A UNIT COST HOURS LABOR DAYS TOTAL Labor $9,909.01 SCORE Election setup, street library, inventory, file export, ballot order $27.03 3 4 4 $1,297.44 Proofing $27.03 4 4 1 $432.48 GEMS Election setup, ballot artwork, and files to vendor $27.03 4 2 1 $216.24 Equipment testing (LAT) $27.03 4 2 1 $216.24 Remote Walk in Site $27.03 1 2 17 $919.02 Ballot box drop off and pickup $10.00 4 2 10 $800.00 Receive and prep ballots (Active 3408/Inactive1083) $27.03 3 2 17 $2,757.06 Count ballots and Duplication if necessary (3800) $27.03 5 7 3 $2838.05 Post Election Audit and Canvass election $27.03 4 4 1 $432.48 UNIT COST NU BER TOTAL Ballots $5890.00 Setup Fee $ 500.00 1 $500.00 11" Ballot $0.3500 3800 $1,330.00 Secrecy Sleeve $0.2500 3800 $950.00 Ballot Envelopes $0.2500 3800 $950.00 Ballot Packets (insertion/inkjetting) $0.3000 3800 $1,140.00 Postage $0.1500 3800 $570.00 11 " Ballots (replacements) $0.3500 200 $70.00 Test Deck $0.4000 200 $80.00 Ballot & Envelope Shipping $300.00 iscellaneous 50.00 Publish notice of election $50.00 Grand Total $15849.01 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective upon the date first above written. Date: Date: ATTEST: Deputy Clerk of the oard Approved to as to Fo County Attorney Date: ATTEST" CO oyle Lew aiter Chair Town Clerk • ayor 6 1111 II II 1111 1111111111111111 III II ' 11111111111 Memo To: Honorable Mayor Pinkham Board of Trustees Interim Town Administrator Richardson From: Scott A. Zurn, PE, CFPM, Public Works Director Kevin Ash, Public Works Civil Engineer Date: January 24, 2012 RE: Wiest Parking Lot Restroom Retaining Wall Repair Background: The Town of Estes Park Public Works Department has determined the retaining wall located on Town property north of the Wiest restroom has become unstable. The wall has bowed and started to fail, leaning onto the private commercial building at 157 Moraine Ave. 1111111111111'1111 "" 111111111111111111rH'i ,1111 011,1111,1 1),I, 011 ,drP11111„, "11111[ti, 11 11111111111111111111111111 Vanhorn Engineering has proposed to design a replacement for this wall for a not -to - exceed cost of $4,500.00. The preliminary project construction estimate is $65,000.00. The condition of this wall is viewed as a potential risk to the adjacent property (see attached Survey for reference). Budget: This project is proposed to be funded through streets 2012 budget STIP line item 101-3100-431-35-51 / or Community Reinvestment Fund. Staff Recommendation: The Public Works Department recommends immediate replacement of the wall prior to the summer season. Sample Motion: I move to recommend/not recommend initiating immediate design with Vanhorn Engineering to develop bidding documents and proceed with the hiring of a contractor within the Town's purchasing policy, IFOU, PII.N,E,' 1 CAP LS ># ,6974 04 A #4 REE (N00°00"04 4E) (15.501 4Y 41 Y9 Y". Yy YQ al i4 t4 rY 1.1 I0NAGE......Y,Y CULVERT Y Y t,l (00.00) 19,.,, 2A O)vl) N 1m ®F D%T 3A A VISTA TOWN OF ESTES OPK 61"' S CAP LS #6499 N00°00 105. 0° FOUND ILLEGIBLE PLd TOC CAP ON A #4 RE 0.9" EAST AND 0,3" SOUTH OF DIE 1IED CORNER TOP OF LEANUNG WALL ON LOT 3A PROPERTY BY 0.5" :r SE OF LEANING WALL ±0.6" ON PKING LOT PROPERTY NAGE O MEASURED DIMENSVONS PLATTED OR DEE*EEI DVMENSVONS PJ:aPEmir NOTE: THIS VS NOT A 1B+SUNIOARY SURVEY FOR U D ER LOT SHOWN AND IS NOT INTENDED FOR RECORDING AS A SURVEY. JWWC 3 34.44' T SA SCALE 1"2 U N VISTA SU WALL BEGINS TAG LEAN AND IS t*i.5" ON PEKVNG IL.OT PROPERTY ON P/,JJKING LOT PROPE T( 0.4" VAN HORN ENGIN 1043 Fish Creek Rood -- Estes Pork, Ph rye~ 97 RING C6051 "7 N OF ESTES PARK LONNVE S, SNND_L.DON CO, PE & LS #26974