HomeMy WebLinkAboutPACKET Public Works 2008-04-24AGENDA TOWN OF ESTES PARK PUBLIC WORKS COMMITTEE 8 a.m. Thursday, April 24,2008 preparation date: Thursday, April 17,2008 PUBLIC COMMENT ACTION ITEMS: 1. Bark Beetle Ordinance a. Request approval of revised ordinance 2. Policy for Developers Paying Obligated Improvements as Cash in Lieu of Actual Construction a. Request approval of revised Administration Policy 3. Consulting and Surveying Services for Prospect Avenue a. Request approval of services REPORTS: 1. Drainage Master Plan RFP 2. Fall River Trail - Phase 4 Update 3. Town Hall Re-Lamping - Phase 2 Note: The Public Works Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared.
Cynthia Deats From: EP Administration [ir3045@estes.org] Sent: Monday, April 21, 2008 1:02 PM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 0240 ST. TIME 04/21 12:57 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 5771590 EP News ERROR ----- 1
Igu TOWN of ESTES PARK ESTES PARK Public Works Department COLORADO INTER-OFFICE MEMORANDUM DATE: April 24,2008 TO: Public Works Committee FROM: Scott Zurn P.E. Director of Public Works SUBJECT: Bark Beetle Ordinance Revised Background: The Mountain Pine Beetle is beginning its proliferation in the Estes Park Valley and its immediate adjacent forests. The Town is in a position to decide to actively manage this infestation through education, identification and enforcement. Estimates are that most of all Lodge Pole Pines will be lost and up to 60% of Ponderosa Pines will be lost without active mitigation. The Public Works Department is recommending the adoption of an ordinance which requires removal and elimination of invested trees on privately owned properties. Action: Staff seeks authorization of an ordinance regulating the management of the Mountain Pine Beetle on privately owned properties. This ordinance is similar to the current State and County regulations. Both the State and Larimer County regulations are enforceable within the Town limits; however, the resources from these agencies are currently stressed. After adoption of this ordinance, the community may call the Public Works Department for education and identification of infected trees. This ordinance can be enforced through the municipal court and if required as a referral to Larimer County Forester office. The Town has currently trained three employees and three members of the Tree board to investigate and perform beetle identification. This training has been provided by the U.S. Forest Service area foresters. At this time there will be no budget impacts for this service. .
Draft No. 4,4/22/08 ORDINANCE NO. AN ORDINANCE DECLARING THE FAILURE TO MITIGATE THE INFESTATION OF PINE BEETLES AND DWARF MISTLETOE WITHIN THE TOWN OF ESTES PARK AS NUISANCES AND PROVIDING FOR THE ABATEMENT OF SAID NUISANCES WHEREAS, the presence of beetles and beetle infested trees presents a real and substantial risk to the health of the lodgepole, spruce and ponderosa pine forests located in and around the Town; and WHEREAS, the presence of mountain pine beetles and beetle infested trees within the Town is predicted to result in mortality rates of 100% of infested lodgepole pines and 60% of infested ponderosa pine; and WHEREAS, the presence of the spruce ips beetle and beetle infested trees presents a real and substantial risk to the health of the spruce forest located in and around the Town; and WHEREAS, the presence of the douglas fir beetle and beetle infested trees presents a real and substantial risk to the health of the douglas fir forest located in and around the Town; and WHEREAS, the presence of the dwarf mistletoe and mistletoe infested trees within the Town presents a real and substantial risk to the health of the lodgepole and ponderosa forests located in and around the Town; and WHEREAS, the presence of beetles and dwarf mistletoe infested trees within the Town also presents a real and substantial risk to the public health, safety and welfare in the form of an increased risk of a rapidly spreading fire, and a significant threat to the aesthetic values which are of great importance to the social and economic vitality of the Town; and WHEREAS, there exists a growing beetle epidemic within the Town which threatens our community and its valuable natural and scenic resources, and WHEREAS, there exists an urgent need for a Town-wide policy to effectively manage the existing and future threats to public and private property caused by the beetles and dwarf mistletoe, and the provisions of this Ordinance refiect such a policy; and WHEREAS, Section 31-15-401 (1)(C) C.R.S. provides that the Town of Estes Park may declare what is a nuisance, abate the same, and impose fines upon parties who may create such nuisance or fail to abate such nuisance; and WHEREAS, Section 31-20-105 C.R.S. provides that the Town of Estes Park, by ordinance, may cause any and all delinquent charges paid or levied to be certified to the Treasurer of Larimer County and be collected and paid over by the Treasurer of Larimer County in the same manner as taxes are authorized and collected; and WHEREAS, the provisions of this Ordinance are necessary in order to protect the public health, safety and welfare; and 1
Draft No. 4,4/22/08 WHEREAS, the inspection provisions contained in this Ordinance are necessary in the interest of public safety within the meaning of Rule 241 (b)(2) of the Colorado Municipal Court Rules of Procedure. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: The Municipal Code of the Town of Estes Park shall be amended by the addition of Chapter 8.05 entitled "Beetles, Dwarf Mistletoe and Infested Trees" as follows: 8.05 Beetles, Dwarf Mistletoe and Infested Trees, 8.05.010 Definitions: In this chapter, include the following words shall have the following meanings, unless the context clearly requires otherwise: "Infested Tree" means (i) a tree alive or dead,.which is infested with the mountain pine beetle, spruce ips beetle, douglas fir beetle and/or dwarf mistletoe; and (ii) any species or variety of tree that is dead or substantially dead, and all deadwood to which the bark is still attached which, because of their condition, may serve as a breeding place for the mountain pine beetle, spruce ips beetle, and/or douglas fir beetle. "Destruction" means cutting and chipping an infested tree; or other method of disposing of an infested tree approved by the Director. "Director" means the Public Works Director of the Town or his/her designated agent(s). "Mountain Pine Beetle" means the species Dendroctonus ponderosae. " Spruce Ips Beetle" means the species ips hunter and ips pilifrons. "Douglas Fir Beetle" means the species dendroctonus pseudotsugae. "Dwarf Mistletoe" means the species arceuthobium americanum and a.vaginatum subsp. crytopodum. "Occupant" means any person in physical possession of any Lot, tract or parcel of real property located within the corporate limits of the Town who is not the owner of such property. For the purposes of this chapter, "occupant" does not include the owner of an easement or right-of-way across property. 2
Draft No. 4,4/22/08 "Owner" or "landowner" means any person who owns any lot, tract or parcel of real property located within the corporate limits of the Town. "Person" means an individual, association, partnership, corporation or other legal entity. "Property" means any lot, tract or parcel of real property located within the corporate limits of the Town. 8.05.020 Duty of Landowner and Occupant to Permit Inspection: An owner or occupant whose property may have located on it one more infested tree(s) shall allow the Director to enter such property for the purpose of immediate inspection of the trees located upon such property when at least one of the following events has occurred: A. The owner or occupant has requested the inspection; B. A neighboring landowner or occupant has reported a suspected infested tree and requested an inspection; or C. The Director has made a visual observation from a public right-of-way or area and has reason to believe that infested tree or trees exist on the property of the owner or occupant. 8.05.030 Inspection for Mountain Pine Beetle: A. Subject to the requirements and limitations of this section, the Director shall have the right to enter upon any property, whether public or private, during reasonable hours for the purpose of inspecting for the existence of an infested tree when at least one of the three events described in Section 8.05.020 has occurred. However, no agent or employee of the Town shall enter upon any property to inspect for an infested tree without the permission of the owner or occupant, or without an inspection warrant issued pursuant to this section. B. If verbal permission to inspect the property from the affected owner or occupant is not obtained, the Town shall send written notice to the landowner and any occupant of the property advising that the Director desires to inspect the property for an infested tree. The notice shall be sent by certified mail. The notice may be sent to the landowner at the address to which tax notices are sent according to the records of the Larimer County treasurer, and to the occupant at the property address. Alternatively, the Director may personally serve such notice upon the affected owner or occupant. Where possible, inspections shall be scheduled and conducted with the concurrence of the owner or occupant 3
Draft No. 4,4/22/08 C. If permission to enter upon and inspect the property is not obtained within 10 days after the notice described in subsection B of this section has been received, or within 10 days of date of service if the notice is personally served, the Director may request that an inspection warrant be issued by the municipal court. The municipal court judge shall issue an inspection warrant upon presentation by the Director of an affidavit satisfying the requirements of Rule 241 (b)(2) of the Colorado Municipal Court Rules of Procedure. The municipal court judge may issue an area-wide inspection warrant pursuant to this section unless otherwise prohibited by law. D. In case of an emergency involving imminent danger to public health, safety or welfare, the Director may enter the property to conduct an emergency inspection without a warrant and without complying with the requirements of this section. 8.05.040 Notice of Violation: A. If the Director determines that property contains one or more infested tree(s), the Director shall notify the owner and any occupant ofthe property. Such notice shall be given either by certified mail or personal delivery. B. The notice shall: 1. advise the owner or occupant that the property contains one or more infested trees; 2. advise the owner or occupant of Town-approved methods for the removal and destruction of infested trees; and 3. advise the owner or occupant that all infested trees must be removed within 10 days following receipt of the notice, or that an acceptable plan and schedule for removal of the infested trees must be submitted to the Director within such 10 day period. 8.05.050 Abatement Order: A. In the event the owner or occupant fails to comply with the Director' s notice as described in Chapter 8.05.040 by removing the infested trees or submitting an acceptable schedule for such removal within the applicable 10 day period, the Town has the authority to provide for and complete the removal by obtaining and acting on an abatement order. B. Upon the expiration of the period of notice, or at any time thereafter if the required action has not taken place, the Town may apply to the municipal court for an abatement order. C. An application for an abatement order shall be accompanied by an affidavit affirming that: 1. the Director has determined that the subject property has one or more infested trees; 2. the Director has complied with the notice requirements of Chapter 8.05.040; and 3. the owner or occupant has failed to remove the infested trees, has failed to submit an acceptable plan for removal of the infested trees within the required time, or has failed to remove the infested trees pursuant to the accepted plan. 4
. '1 Draft No. 4,4/22/08 D. The Town shall give notice to the owner and any occupant of the property of its application for an abatement order either by certified mail or by personal service of the notice. E. The notice of application for an abatement order shall include a copy of the Town's application and its affidavit in support thereof, as well as the date, time, and place at which the Town will appear before the Municipal Court to request entry of the abatement order. F. At the stated time, date, and place, the municipal court judge shall review the Town's application for abatement order, the affidavit, any statement of the Town offered in support thereof, as well as any statement and evidence presented by the owner or occupant, if present. G. If the municipal judge determines that: 1. the subject property has one or more infested trees; 2. the Director has complied with the notice requirements of Chapter 8.05.040; and 3. the owner or occupant has failed to remove the infested trees, has failed to submit an acceptable plan and schedule for removal of the infested trees within the required time, or has failed to remove the infested trees pursuant to the accepted plan. H. An owner is responsible under this chapter for any infested trees permitted to remain on the owner's property by an occupant after the Director has given notice of a violation pursuant to Chapter 8.05.040. I. In case of an emergency involving imminent danger to public health, safety or welfare, the Town may authorize immediate removal of any infested tree without notice or abatement order. J. The Town may pursue the remedies set forth in this section with or without filing a complaint in the municipal court, at the Town's sole discretion. K. The owner or occupant shall be assessed twice the whole cost of removal of the infested trees from the property, including administrative fees incurred by the Town. If all of the costs and charges incurred by the Town are not paid within 30 days of the date of the assessment, the unpaid costs shall be certified to the Larimer County Treasurer for collection in the same manner as real property taxes. 8.05.060 Unlawful Acts: A. It shall be unlawful and a violation of the Municipal Code for any owner or occupant to fail or refuse to remove all infested trees from their property within the time period provided for in a notice of violation sent by the Director pursuant to section 8.05.040 of this section. B. It shall be unlawful and a violation of the Municipal Code for a owner or occupant to deny the Director access to the property owned or occupied by the owner or occupant if the Director presents an inspection warrant issued pursuant to this section. 5
Draft No. 4,4/22/08 C. It shall be unlawful and a violation of the Municipal Code for any person to self, expose for sale, offer for sale, transfer, give away or offer to give away any infested tree anywhere within the Town. 8.05.070 Applicability: The provisions of this chapter shall apply to all public and private lands within the corporate limits of the Town. WHEREAS, there is an immediate threat of infestation within the Town of Estes Park that needs to be abated immediately and therefore an emergency exists, this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF .2008. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk 6
'gu 12[] TOWN of ESTES PARK ® ESTES PARK Public Works Department COLORADO Policy DATE: April 24,2008 FROM: Scott Zurn P.E. Director of Public Works TO: Public Works Committee SUBJECT: Policy for Developers Paying Obligated Improvements as Cash In-Lieu of Actual Construction Background: The current development code requires that numerous publicly owned improvements such as roads and drainages are required to be improved or replaced adjacent and through proposed developments. As a policy the Director of Public Works has the authority to decide whether or not it's in the best interest of the Town to have the developer construct the required improvements or require cash in lieu of the required improvements or construction. All funds collected as cash in lieu shall be determined by an estimate mutually agreed upon by both the Director and the Developer. The funds will be 125% of the estimated current value of the improvements. The developer may appeal all decisions regarding this policy to the Public Works Committee upon written request to the Public Works Dept. As a general policy the funds will be interest bearing to keep up with inflation and all interest in the fund shall be solely retained by the Town and not eligible for reimbursement. This fund will be utilized for future system improvements within the scope of improvements from which the funds were received.
Town of Estes Park U i| Public Works Engineering ESTES --®PARK COLORADO Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 Memo 970-577-3586, qsievers@estes.org TO: Public Works Committee From: Greg Sievers & Scott Zurn Date: April 24,2008 Re: Consulting and Surveying Services for Prospect Avenue Background: The annual Street Improvement Program (STIP) is geared toward the structural maintenance and rehabilitation of local streets and parking lots as outlined by MicroPaver®. This Windows based program creates a hierarchy of needs based on asphalt quality, aka: Pavement Condition Index (PCI). All streets with a PCI lower than 69 are slated for an asphalt paving overlay. There are currently 30 street segments with a PCI below 69. Fir & Prospect are ranked near the bottom with a PCI = 50, but this by-pass road is also one of the heaviest trafficked streets in Town. This project will reconstruct this local Collector street, improve stormwater drainage, and add curbing as well as a 6' wide concrete pedestrian sidewalk. Staff is able to do most of the design in-house but needs the services of a Surveyor/Engineer to provide accurate mapping and plan & profile sheets to precede the design. Following design the project will be bid out for construction and those results will be returned to PWC for review and approval. Staff sent out Requests for Proposals (RFP) in March to four Consulting Engineers, the results are shown in the table below. Consulting Engineer address city proposal cost notes Principal $100/hr, Survey Cornerstone 1692 Big Thompson Ave Estes Park $8,500 $85/hr, CADD $55/hr no boundary surveying. T&M offered. Principal $95/hr, Landmark 3521 W. Eisenhower Blvd Loveland, 80537 $17,750 Survey $117, CADD $60/hr Extra work at T&M. $100/hr RG Consulting 1331 17th St. Suite 710 Denver, 80202 $13,260 Mgmt. Survey/CADD $60/hr Principal / PE $105/hr, Survey Van Horn Eng. 1043 Fish Creek Road Estes Park $14,971 $120/hr, CADD $75/hr does not include and utility depth mapping. No title work. $13,620 = average Budget / Cost: The 2008 Budget contains $19,000 for 'engineering professional services' (page 134, 101-2400-424-22-02) (the construction budget of $250,000 can be found on page 149, 101-3100-431-35- 51) Recommendation: Cornerstone was the lowest bidder; however, the number of hours allocated to accomplish the work was determined to be inadequate to accomplish the scope of services. Staff requests to proceed with hiring RG Consulting for this task, based on the lowest responsible bid.
Town of Estes Park 2:1 Public Works Engineering ESTES ..U ®PARK COLORADO Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 970-577-3586, gsievers @ estes.org Memo TO: Public Works Committee From: Greg Sievers Date: April 24,2008 Re: Progress Report - operations & projects 1. Drainage Master Plan RFP: (request for proposal) Parts of Estes Park experience seasonal rain generated stormwater and erosion trouble, and those complaints flood into the engineering department. Budget is allocated to hire a professional consultant to research portions of Town and produce a document with recommendations for future protocols and projects. The two study areas are Prospect Mountain southeast, and the Elm road area. Staff has written an RFP and has sent it to several specialty civil engineering consultants. Results and findings will be brought back to Public Works Committee on May 22,2008. 2. Fall River Trail - Phase 4 Update: (Valley Road west to Castle Mountain Lodge) Van Horn Engineering has generally completed the final design for trail construction. CDOT will have one more review prior to bidding. VHE held a public comment meeting yesterday, April 23, 2008 in Town Hall, and those comments will also be incorporated. The final approval by PWC for bidding of this project is anticipated as an action item for either the May or June PW committee meeting. It is anticipated that construction will begin in late September. 3. Town Hall Re-Lampina Phase 2: PRPA and L&P are funding this project. Phase 2 of this project, was just completed at about $7,500 each. 120 fixtures were replaced within the Administration and Community Development departments, and 2nd floor hallway. The electric energy saving will be approximately $2,768/year. (Phase 1,2007, produced an energy savings of about $900 / year) note: all portions of the old fixtures were recycled also.