HomeMy WebLinkAboutPACKET Town Board 1994-02-08BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 8, 1994 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated January 25, 1994. 2. Bills. 3. Committee Minutes: A. Special Events, January 27, 1994. B. Public Works, January 27, 1994. C. Community Development, February 3, 1994. D. Planning Commission, January 25 & February 1 and 2, 1994 (acknowledgement only). 4. 1993 Conversion Study - Continue to February 22, 1994. 5. Intergovernmental Agreement with Larimer County concerning Comprehensive Planning - Continue to February 22, 1994. ACTION ITEMS: 1. Planning Commission: A. Public Hearing - Stanley Historic District Master Plan. Presentation by Don Brandes/DSW. 1. Ordinance. B. Public Hearing - Third Amendment to EPURA Downtown Redevelopment Plan. 1. Resolution. 2. Special Events Committee, January 27, 1994: A. Standard Horse Show Agreements: Colorado Arabian Horse Show, June 30-July 4, 1994 and Rocky Mountain Miniature Horse Club, July 22-26, 1994. B. Fun Expo Carnival Agreement, July 12-16, 1994. C. Powder River Rodeo Productions, Inc., July 13-16, 1994. D. 1994 Rooftop Rodeo Committee/Officer Appointments. 3. Water Loop Design and Construction Management Scope of Services with RMC (submittal directly to Board of Trustees) - Approval. 4. Community Development, February 3, 1994: A. Contract for Passenger Transportation Services with Estes 1
Park Trolley Corporation - Approval. 5. 1995 Business License - Recommendation from Administrative Committee January 13, 1994: (1) Building Contractors be indexed under the "General" category and pay $200.00/yr.; and ( 2) establish a "Home Occupation" category with associated fee of $100.00/yr. 6. Town Administrator's Report. 7. Motion to enter Executive Session discuss personnel. 2
1 t' Town of Estes Park, Larimer county, coiorado, . gaptla:Fy. 25. . ., 19. 94. Minutes of a . Regular. . . meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . 251:h . day of .... .Jar?119&]r~'., A.D., 19. ?4. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... H. B. Dannels Present: Mayor Trustees: George J. Hix, Mayor ProTem Gary R. Brown, Robert L. Dekker, Susan L. Doylen, Stephen W. Gillette, Also Present: Gary F. Klaphake, David Habecker Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: Absent: None Mayor Dannels called the meeting to order at 7:31 P.M. PUBLIC INPUT. Louis O'Riordan addressed the Trustees on: (1) the elimination of local 4% sales tax on groceries, suggesting the 4% be earmarked for low-cost housing and the grocery tax be collected on a "needs basis", based upon income; (2) in favor of exemption for day-care providers; and (3) made the Trustees aware, and urged them to prevent, the potential sale of the American Legion Building. Al Sager reported on the current meetings being held for the Stanley Historic District Master Plan presentation, commending Don Brandes/DSW, Attorney White, Director Stamey, and Administrator Klaphake for the remarkable job performed. CONSENT CALENDAR: 1. Town Board minutes dated January 11, 1994. ' 2. Bills. 3. Committee Minutes: A. Administrative, January 13, 1994. B. Public Safety, January 20, 1994. I C. Planning Commission, January 18, 1994 (acknowledgement only). Administrator Klaphake requested the Public Safety minutes be removed from the consent agenda. It was moved and seconded (Dekker/Hix) the consent calendar, as amended, be approved, and it passed unanimously. Concerning the Cooperative Agreement with RMNP, Administrator Klaphake requested the following amendment be approved: construction and maintenance of a new fire facility to be built on NPS land in 1994, with the Volunteer Fire Department not the "Town" agreeing to fund $30,000, for construction. " It was moved and seconded (Hix/Habecker) the amendment to the Public Safety Committee minutes be approved, and it passed unanimously. ACTION ITEMS: 1. Administrative Committee, January 13, 1994:
Board of Trustees - January 25, 1994 - Page 2 A. Business License - The Administrative Committee recommended that there be no changes for 1994 nor exemption for Day-Care Providers. Mayor Dannels acknowledged a letter dated January 25, 1994 submitted by Leslie Blair/Childcare Provider, and it was moved and seconded (Doylen/Hix) the Administrative Committee recommendation be approved, and it passed by the following votes: Those voting "Yes" Trustees Brown, Dekker, Doylen, Habecker and Hix. Those voting "No" Trustee Gillette. 2. Planning Commission, January 18, 1994: A. Special Review #93-7 for Lot 1. Valley Vista Addition. Nicholas Stanitz/Applicant. Mayor Dannels opened the public hearing to consider Special Review #93-7. Trustee Habecker declared a conflict of interest. Community Development Director Stamey reported that the proposal is a two-step process - concept plan and, if approved, submittal of a more-detailed development plan. The Applicant is proposing to develop 24 affordable housing units in four buildings. The 1/2-unit bonus formula was reviewed, and a very specific rental agreement must be provided. to ensure the affordability provision is enforced; the term of the agreement will be ten years. The Planning Commission recommended approval of the proposal with their "findings" and three conditions. Director Stamey clarified the correspondence received from C. George Seifert, Sr. concerning multi-family zoning, annexation and density transition. Louis O'Riordan commented that long-time residents in need of affordable housing should be given preferential treatment in obtaining these units. Administrator Klaphake advised that the Town cannot discriminate. There being no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Gillette) Special Review #93-7 for Lot 1, Valley Vista Addition be approved with the findings (Items 1-4) and conditions (Items 5-7) as fully described in the Planning Commission minutes dated December 21, 1993, and it passed by the following votes: Those voting "Yes" Trustees Brown, Dekker, Doylen, Gillette and Hix. Those "Abstaining" Trustee Habecker. B. Kenofer Addition Annexation. Mayor Dannels opened the public hearing. Director Stamey reviewed the proposed addition annexation and zoning. The 3%* acre site will be served by a new public street to the north (Audubon Street) and 40' access easement. The E-Estate zoning request is appropriate. All Planning Commission conditions have been met and the Attorney's certificate has been received. There being no further testimony, Mayor Dannels declared the public hearing closed. Whereupon Town Attorney White read a resolution finding the area is eligible for annexation, and it was moved and seconded (Habecker/Hix) Resolution #3-94 be adopted, and it passed unanimously. Town Attorney White read an ordinance approving Annexation of Kenofer Addition, and it was moved and seconded (Doylen/Hix) the Ordinance be adopted to include all four conditions as more fully defined in the January 18, 1994 Planning Commission minutes, and it passed unanimously. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 2- 94 and published according to law. Town Attorney White read an ordinance approving E-Estate zoning, and it was moved and seconded (Habecker/Dekker) the Ordinance be adopted, and it passed unanimously.
Board of Trustees - January 25, 1994 - Page 3 Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 3-94 and published according to law. C. Intergovernmental Agreement (IGA) with Larimer County concerning Comprehensive Planning - Approval. Acting upon staff's request, it was moved and seconded (Hix/Doylen) the IGA be postponed to February 8, 1994 and it passed unanimously. 3. Affordable Housing Information Svstem Request for 82.000 Funding - Continued from December 14. 1993. This request was continued pending a meeting of the Estes Park Housing Authority. The meeting was held January 11 and the Authority recommended denial of the funding; however, action also is required by the Board of Trustees. It was moved and seconded (Dekker/Hix) the funding request be denied, and it passed unanimously. 4. Resolution #4-94 Reappropriate 1993 Encumbered Funds to the 1994 Budget. Finance Officer Vavra reviewed and read a resolution reappropriating 1993 Encumbered Funds to the 1994 Budget, and it was moved and seconded (Gillette/Doylen) Resolution 4-94 be approved, and it passed unanimously. 5. Estes Valley Public Library District Appointments - Correct Terms of Office. The District's Bylaws were amended from 5- year to 4-year terms which affected the recent appointments for John Adams and Dennis McHenry. It was moved and seconded (Hix/Dekker) the terms of office for John Adams and Dennis McHenry be corrected from 5-year to 4-year terms, expiring December 3,1 1997, and it passed unanimously. 6. Town Administrator's Report. Administrator Klaphake informed the Trustees of the Community Breakfast meeting scheduled Friday, January 28 from 7:30-9:00 A.M. Following completion of all agenda items, it was moved and seconded (Hix/Habecker) the Board enter Executive Session to consult with the Town Attorney concerning land negotiations, and it passed unanimously. Mayor Dannels adjourned the meeting at 8:10 P.M. to Executive Session. .................. Mayor Town Clerk
....FORD.U.LISHING.0 RECORD OF PROCEEDINGS Special Events Committee January 27, 1994 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: Chairman Hix, Trustee Habecker Also Attending: Town Administrator Klaphake, Special Events Director Scott, Coordinator Hinze, Top hands President Adams, Clerk O'Connor Absent: Trustee Gillette Chairman Hix called the meeting to order at 8:35 A.M. AGREEMENTS: Arabian Horse Show, June 30-July 4, 1994, no changes from 1993. Rocky Mountain Miniature Horse Club, July 22-26, 1994, no changes from 1993. Fun Expo Carnival, July 12-16, 1994. The Rooftop Rodeo Committee has endorsed this carnival proposed by Jim Doolittle/Oklahoma. Mr. Doolittle presents the Fun Expo at surrounding County Fairs and the Wyoming State Fair, and includes 22 rides, 12 of which are for children. The Town will receive 10% of gross ticket sales and adequate insurance, naming the Town as an additional insured, will be provided. Powder River Rodeo Productions, Inc.. Staff reported that the former rodeo stock contractor, Alsbaugh, is going out of business and the Rodeo Committee has recommended Powder River be obtained for the 1994 Rooftop Rodeo for a fee of $19,200. Six rodeo performances, plus specialty acts, bullfighter, etc. will be included. Stock from this company was selected to perform during the National Rodeo Finals in Las Vegas. The fee was increased $3,500 from 1993 plus the Town will pay an additional $1,500 for an insurance premium. Director Scott reported that $3,500 will be deducted from the Concert Budget for this expenditure. Town Attorney White is currently reviewing the Agreement and it will be updated and provided to the Trustees during their meeting February 8. Following discussion, the Committee recommends approval of all four agreements contingent upon receipt of Certificates of Insurance conforming to Town standards. SCANDINAVIAN FESTIVAL - REOUEST LETTER OF SUPPORT. In a letter dated November 27, 1993, Kari Bye requested the Town supply a letter of support for the Scandinavian Festival scheduled in June. The letter will assist event organizers to bring a small group of musicians, dancers and crafts people to Estes Park. The Committee recommends Mayor Dannels issue a letter of support, as requested. EVENT EVALUATIONS. 1993 Christmas Parade. Special Events Coordinator Hinze briefed the Committee on the Christmas Parade held November 26: estimated attendance 15,000 which is down from 1992, possibly due to very cold and windy weather. Organization and creativity help make this special event very successful - public comments received were "best ever for quality." Town expenses were decreased $2,500 due to reduction of direct expense and payroll. Parade organizer Connie Boschen was commended her for participation.
BRADFOROPUILISHI NICOl RECORD OF PROCEEDINGS Special Events Committee - January 27, 1994 - Page 2 1993 Ice Sculpture. This second year event provides ice sculptures during the Christmas/New Year season, and has proved to be a crowd- pleaser. Sculptures are provided by local chefs and the Town has no direct expenses. Staff will issue letters to Joe Switzer, John Offerdahl, Jeff Lemon and Rich Jereb expressing the Town's appreciation for sponsoring the event. 1994 ROOFTOP RODEO COMMITTEE/OFFICER APPOINTMENTS. Director Scott presented the following membership and officers: Jo Adams Marion ("chief") Jennista Ed'Allbright Steve Kingery Judy Anderson Gary O'Connor, Vice President Ray Carlton Bob Seifert Don Cunningham Mary Jo Seifert, Secretary Rick Dill Chuck Thomas Jack Gartner Joan Van Horn, President Margee Gartner Debbie Watson Ken Hobert Betty Whiteside The Committee recommends approval of the membership list and officers as presented, and commended the Rooftop Committee for their support, effort, etc. TRACTOR - REQUEST AUTHORIZATION TO BID. Director Scott reported that the 1994 Budget contains $15,000 (after trade-in) for the purchase of a tractor, and he requested authorization to bid. The Committee recommends staff be authorized to seek bids for the equipment as stated. Staff anticipates submitting the bids in February/March. REPORTS. Craig Ferguson, Rocky Mountain Folks Festival, has advised staff that the Festival will not be returning to Estes Park in,1994. There being no further business, Chairman Hix adjourned the meeting at 8:53 A.M. Vickie O'Connor, CMC, Town Clerk
BRADFORIPUELISHINGIl. RECORD OF PROCEEDINGS Public Works Committee January 27, 1994 Committee: Chairman Habecker, Trustees Doylen and Gillette Attending: Chairman Habecker, Trustee Doylen Also Attending: Mayor Dannels, Ass't. Administrator Widmer, Public Works Director Linnane, Lynn & Thea Miller, Clerk O'Connor Absent: Trustee Gillette Chairman Habecker called the meeting to order at 10:01 A.M. ROCK ACRES CONDOMINIUM ASSOCIATION - REOUEST TOWN ASSIST IN DREDGING PRIVATE POND. Director Linnane noted that he advised Mr. and Mrs. Miller that the Town is not responsible for any costs incurred in dredging a private pond, and that the Association could appeal this decision to the Committee. Mr. and Mrs. Miller were present and a letter dated September 14, 1993 prepared by Van Horn Engineering and Surveying was submitted. In summary, Mr. Van Horn stated that over the years, sediment in the lake has built-up to the point where depths are only 3-4 feet, a small island has formed on the upstream lake terminus and water quality has degraded. In Mr. Van Horn's opinion, the sediment buildup in the lake comes form both the stream and the storm water outfall. Based upon Van Horn's let ter, Mr. Miller requested the Town participate in a 50/50 share of the dredging costs; the Association has paid for prior dredging/cleanup work in the past. Discussion followed concerning history of the pond, potential re-design, and ownership responsibilities. The Committee questioned whether the Association's covenants were researched identifying ownership/maintenance responsibilities of the pond; questioned whether the Association would be agreeable to dedicate the pond to the public; and liability insurance concerns. Director Linnane reported on a site-inspection meeting and that although not the Town's responsibility, a 18" concrete check dam at the inlet/curb cut on the property line could be installed - estimated cost is $300 plus 8-man hours. Storage would be approximately 1 cubic yard of sediment and it would require frequent cleaning. It was the Millers' opinion that it might prove more cost-effective for the Association to dredge the pond; therefore, it was decided not to install the dam. In conclusion, the Committee contends that the Town has no responsibility for the maintenance of a private pond, and that is not in the best interest of the Town to proceed at this time. As requested by Mr. Miller, staff will prepare and submit a written response to his request. ESTES PARK SANITATION DISTRICT - REOUEST AUTHORIZATION TO RENOVATE TOWN PROPERTY. - The Town owns the sewage treatment plant and building located at 610 Big Thompson Ave., operated by the Estes Park Sanitation District, and the District must obtain the Town's approval prior to any modification, alteration, etc. The Committee reviewed the District's remodeling plan, and recommends the request made by the Estes Park Sanitation District be approved.
BRADFOROPUSLISHINGCO RECORD OF PROCEEDINGS Public Works Committee - January 27, 1994 - Page 2 REPORTS. The Committee reviewed the Customer Service Response for December and Year-end 92/93 comparisons. The year-end average percentage of accountable water is 76.5%. The industry standard for water systems 10 years old indicates that percentages as low as 72% are common; the Town's system includes water lines over 40 years old. Year-to-date water billed has increased 2.1% from 1992. Lake Estes Hike/Bike Trail. Director Linnane reported that, although written confirmation has not been received, he is aware that the CDOT Transportation Committee has approved the Town's funding request of $180,200 for Phase I of the Trail which is located from. the Chamber of Commerce to Lakefront Street. The grant will be a 58/42% state/local match. Staff will proceed with a grant application to "Go Colorado" for $50,000 funding for Phase 2. This phase includes Lakefront to the Marina. Determination of "Go Colorado" funding grants may be made in March/April. Staff reported that the Town's three CDOT projects - Highway 7, Highway 34 and the 34/36 Intersection, remain on the State's priority list. The Committee viewed a Fleet Department video which has prepared by Fleet Manager'Shanafelt with assistance from Gary Cooper and Ralph Gunn. The Committee commended the Fleet Department for the presentation. Fleet Manager Shanafelt recently attended a meeting with the RMNP, School District, BOR, YMCA, EPSD, UTSD, and Recreation District with the primary focus centering on saving funds. Ideas discussed included waste oil/anti-freeze disposal, alternate fuels, radio communications, fuel sites and systems, and surplus equipment. This group will meet on a monthly basis. The Committee praised the Department for their initiative in formulating the ideas group. The February 24 Public Works Committee meeting has been canceled. Should any item need action, it will be submitted directly to the Town Board. There being no further business, Chairman Habecker adjourned the meeting at 11:03 A.M. 1-9 ! i.4.14-. 0 it 6-1uu k.,4) Vickie O'Connor, CMC, Town Clerk
BRADFOR/PUBLISHING.0 RECORD OF PROCEEDINGS Community Development Committee February 3, 1994 Committee: Chairman Dekker, Trustees Doylen and Hix Attending: All Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Advertising Manager Marsh, Sales and Marketing Director Pickering, Museum Director Kilsdonk, Deputy Clerk Kuehl Absent: None Chairman Dekker called the meeting to order at 10:00 a.m. CONFERENCE CENTER - REPORT Sales and Marketing Director Pickering presented the 1993 Year End Report that addressed Conference Center operation, including use by local groups, future bookings, the Brown Bortz & Coddington (BBC) Economic Impact Model, statistical data, and financials. During 1993, the users of the Conference Center totaled 30,551 people, with an extended economic impact of $3,813,249, using a multiplier of 1.2. 1993 Conference Center Conferees were up 814 over 1992. Direct Conferee spending generated $127,108 in sales tax, compared to the BBC estimate of $67,584. In the first 29 months of operation, the Center has hosted 80,729 users. One goal is to extend the use of the Conference Center during the summer months, unlike in the past when the focus was on the off season. More bookings for conferences rather than day meetings will be pursued in order to use the Conference Center to its fullest capability. ADVERTISING - REPORT Director Stamey and Advertising Manager Marsh reviewed the 1993 Advertising Program Performance Summary which identified national, regional and front-range advertising, and the press release program. National ads were placed in 11 publications in two flights, spring and fall, reaching a total circulation of 17,592,000 households. Regional advertising included quarterly tab-size inserts running in 7 front range dailies from Boulder to Cheyenne, and a new series of Open All Year ads that ran in the Denver Post and Rocky Mountain News durihg September and October. The press release program generated coverage equivalent to 27 full- page newspaper ads with a value of $67,964. 49% of this coverage, or $33,473 specifically concerned the arts. The "Adventure Brochure" was developed to replace the "rack card". Remaining collateral material used in 1993 will be replaced by the new Visitors Guide, saving the Town more than $20,000 annually in material production. A conversion study conducted on the national magazine program indicates the following results: • For every 100 inquiries, 41 parties did visit in 1993. · Another 33 parties will visit in late 1993 or 1994. • Each party spends just under $500/average. • Total visitor expenditures: Between $10,588,184 and $19,110,380.
BRADFORO PUSLISHING,0 RECORD OF PROCEEDINGS Community Development Committee, February 2, 1994 - Page 2 Annual comparisons are as follows: Year ~ Media Serv $ Fulfillment$ # Packets # Calls C.P.1. 1991 ' $265,632 $122,917 71,611 51,513 $3.16 ~ 1992 $272,279 $117,774 76,m 61,599 $3.17 ~ 1993 $276,325 $127,466 73,882 60,653 $3.14 93 vs 92 1% up 896 up 4% down 2% down nominal The 1994 Advertising Program, its goals and objectives, will be directed toward the national, regional, and conference market, with a particular draw toward . new residents, using demographic information of location, age, and income. National ads will be placed in 11 magazines in the spring flight, repeating 7 titles for the fall flight. Circulation for 1994 will be increased by 36% over 1993, with a decrease in cost of 6%. Regional advertising will be expanded to include advertising in 11 months of the year, with newly developed Open All Year ads running 6 of those months. The press release program, conducted by Market Reach on a contract basis, is reviewed monthly by the Advertising Manager. The program operates under a priority system including pre-determined event press releases, travel writer support, and special requests. The collateral distribution program provided by Certified Folder Display has been expanded for 1994, and will distribute 175,000 "Adventure Brochures" this year. MUSEUM - REPORT Director Kilsdonk presented the Museum Report for December, including monthly statistics identifying visitation, membership, volunteers and research requests. A $22,000 general operating support grant application was submitted to the Institute of Museum Services on January 21. A $4,500 grant application to the State Historical Fund will be resubmitted on March 1. Director Kilsdonk introduced the Museum Curator John Carr who began work February 1, 1994. PASSENGER TRANSPORTATION SERVICES - CONTRACT The 1994 contract for passenger transportation services with the Estes Park Trolley Corporation was presented. These services will be available from May 31, 1994 through September 5, 1994, at a cost to the Town of $20,000. An addition in 1994 includes service to Mary's Lake Lodge, the employee housing project. As before, service for Rally 'n the Rockies and Longs Peak Scottish Festival will be provided at no additional cost. The Committee recommends approval of the Contract for Passenger Transportation Services in the amount of $20,000 with the condition that the Trolley Corporation provide a Certificate of Insurance to the Town, prior to beginning operation. BETTER EARTH COMMITTEE - REOUEST FOR FUNDING Administrator Klaphake explained that the Better Earth Committee was established to determine the purpose and intent of the establishment of the recycling program. LeeAnn Wehr, a member of
BRADFOR/PUBLISHING.0 RECORD OF PROCEEDINGS Community Development Committee, February 3, 1994 - Page 3 the Committee, presented a request for funding of a plan to encourage community-wide participation designed to promote environmentally sound living practices, and in so doing, establish Estes Park as a nationally recognized center for Eco-Tourism. This program may be the first of its kind in the state. Private donations totalling $1,000 have been collected along with in-kind offerings. A contest is planned that will involve the entire community, ending with an Earth Day celebration. A grant is currently being written to obtain funding from the state. The Committee approved a $750 donation from the Platte River economic development fund to the Better Earth Committee to help establish this process in the Estes Park area, with the Town having no administrative responsibilities. There being no further business, Chairman Dekker adjourned the meeting at 11:20 a.m. 7C-- K kak Tina Kuehl, Deputy Town Clerk
....FOROPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission - Special Meeting January 25, 1994 Commissioners: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Attending: Chairman Sager, Commissioners Amos, Burgess, A. Hix, Miller and Pohl Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Town Attorney White, Clerk O'Connor Absent: Trustee/Liaison G. Hix, Commissioner Brown Chairman Sager called the special meeting to order at 1:30 P.M. to continue discussion/testimony on the Stanley Historic District Master Plan. At staff's request, it was confirmed that approximately 75% of the audience attended the Introduction of the Master Plan January 18. Director Stamey offered a brief overview of the Master Plan. Parcel 1 is owned by The Stanley Hotel/Frank Normali, Parcel 2 is owned by the Overlook Partnership, and Parcels 3-9 are owned by FHK Company. Following public comment, the Commission will recess prior to responding to the questions. With the exception of Parcel 3 which is zoned R-M, the remaining parcels are currently zoned C-0. Key accomplishments of the development agreements include: there are no density transfers between parcels; 30% open space was preserved on all development parcels; the Town will expend $100,000 for open space plus up to $30,000 of water tap credits on Parcel 7; Technical and Architectural (two separate committees) Committees Will be established; extensive design guidelines have been created; and Stanley Hall will be maintained and managed by the Town as an interim performing arts center. Director Stamey compared existing Town Use Regulations with the development agreements for each parcel. Chairman Sager read the Rules of Procedure for public testimony. The following addressed the Commission: Karen Zipser/President, Stanley Hills Homeowners Association, who posed the following questions which have been summarized below: 1. Concern with density on Parcel 3--50 condominiums on 8.3 acres, deduct land for road space from the 8.3 acres? 2. Parcel 3 is to include 30% open space--it is not designated on the drawing--is open space the Town is purchasing on Parcels 5&6 being counted as the open space for Parcel 3? 3. Landscaping/view corridor for Parcels 3 & 4. 4. Quality of proposed houses and their affect on property values. 5. Fifty condominiums on a cul-de-sac is four times the number allowed (12). Is the developer concerned with safety for fire equipment? 6. What guarantee do existing property owners have that the ordinances concerning setbacks, home height, buried wires and cables will be followed to the letter?
BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - January 25, 1994 - Page 2 7. Affect to Stanley Hills from drainage of Parcel 3--who pays for reinforcement/repair of the existing drainage system on Stanley Hills' open space due to the change of land; flood control? 8. Impact of this development on the water and sewage systems--taxpayers responsible for extra expense? 9. What happens to the elk and deer corridor? 10. Why does one developer have a 50' setback on Parcel 2 and the other developer is allowed 30' setbacks on Parcel 3-- why aren't all setbacks 50'? 11. Extraordinary concessions given to the developer--road, water taps, density--precedent? 12. Concern with public scrutiny being eliminated after the agreements are signed. 13. Clarification on all land owners involved. 14. Is the open space the Town is purchasing being dedicated to the Land Trust--guarantee. 15. Requested a statement from the Planning Dept. that the , interests of the residents and neighbors will be upheld. 16. Request that the existing open space in Stanley Hills be protected while Parcel 3 is under development. Rowland Retrum, 650 Freeland Court: 1. Took exception to the statements made during the January 18 meeting that development density was being reduced and that requirements of the existing zoning regulations and Historic District Ordinance were being satisfied. 2. Public money expended for negotiations, legal fees, surveys, preparation of the Plan, new roadway plus additional funding for "buy-down" of presumed development rights and credit against water tap fees. 3. Open space not properly designated on the Plan or development agreements. 4. The development agreements are single agreements, not binding on all parties. 5. Technical and Architectural Committees Will review proposed developments without public hearings. 6. The Town has spent $522,000 on buy-down of presumed rights. 7. the Town should abandon the plan and instead apply the $130,000 thus saved to the financing of conservation easements within the core hotel property. Paul Barker, Lot 40, Black Canyon Hills requested further consideration be given to requiring a 50' setback on Parcel 2. Jeanne Markusen, 620 Steamer Drive supported Karen Zipser's statement plus requested the height of the buildings not interfere with the views of existing homes. Beverly Stuart, 685 A Steamer Drive questioned density on Parcels 2 and 3 particularly the effect--clutter, pollution, noise, elk migration, low-cost rentals.
BRADFORD PUBLISHING CO RECORD OF PROCEEDINGS Planning Commission - January 25, 1994 - Page 3 Lloyd Maxwell, 655 Freeland Court concurred with Zipser-- concern with a "solid wall of condos", open space. Gene Norris, 675 Freeland Court - drainage impact concerns have not been addressed. Betty Whiteside, Silver Lane Stables concern for the existing horse trail that has been used for over 50 years and extends along the east boundary of Parcels 3 and 4 and their desire to retain said trail; drainage. Ron Harvey, Lone Pine Acres stated that the common statement made during the recent Comprehensive Plan Neighborhood Meetings was not to develop to the densities being proposed. The public hearing should have been held prior to obtaining signatures rather than after. There being no further comments, Chairman Sager announced the Commission would recess (2:06 P.M.) to allow staff an opportunity to respond. The meeting would reconvene at 2:30 P.M. Chairman Sager reconvened the meeting at 2:32 P.M. Staff response: The pictorial drawing known as the Master Plan is to be considered as illustrative only. Density calculations were reviewed, including how the calculations are computed, and what is and is not included in the calculation--an example of how density is calculated was performed. Parcels 5, 6&8 will be preserved as open space in perpetuity by means of deed restriction and covenants. Landscaping concerns are addressed in the design guidelines. Mature trees cannot be removed without a tree replacement plan. The Technical and Architectural Committees will review landscaping criteria. The design guidelines and Technical and Architectural Committees will address color, roof materials, and the like. A public, dedicated roadway is now available for access to Parcel 3; it was the Town's position that Stanley Hills residents would find more desirable for the new homes to have access from the cul-de-sac rather than utilize Steamer Drive. Emergency access will be available from Steamer Drive. Membership structure for the Technical and Architectural Committees were outlined: Technical/5 members to include the Town Administrator, 2 public sector, 2 private sector; Architectural/2 architects. These committees must review development proposals with the design guidelines and they do have the ability to grant variances; however, amendments to density, square footage and uses are prohibited. Pursuant to State law, historic drainage rate cannot be increased to neighboring parcels. The only fee waiver for the developer was the water tap fee credit of $30,000 on Parcel 7 when construction occurs. There were no extra costs to the taxpayers. Fences will be restricted to size; no perimeter fencing is to be allowed; wildlife habitat is to be maintained. The 30' setback for Parcel 3 is the current Town standard;
BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - January 25, 1994 - Page 4 Parcel 2 is zoned CO with an assorted use. The Technical and Architectural Committees replace public scrutiny as this concept addresses the entire property; this change in review is not intended to "walk over peoples' rights." Private land owners (3) for the entire 75 acre site were further identified, to include the parcels owned by each. The residents' interests are protected by the Master Plan. The Town attempted to guard against pro-development--the Master Plan drawing indicates the "worst case" as far as development is concerned. In staff's opinion, the development agreements cannot be surpassed. The Town would have proceeded with the recent roadway system completed in the Historic District regardless of the proposed Master Plan as it was in the Town's best interests to do so. However, said roadway does serve more than Parcels 3-7. All density transfers have been eliminated. The 30% open space, which is outside the lotted area, will be designated when the property is developed. The development agreements can be amended; however, the development guidelines will be adopted through the zoning ordinance. The existing Stanley Historic District ordinance remains in force and in most cases, restrictions have been strengthened. All new utilities for Parcel 3 must be underground--existing utilities are not affected. Staff did not respond to the concern ,with low-cost rental units. The horse trail must be addressed between the land owner and the stable operator. Any interested party was urged to obtain copies of the development guidelines and compare them to the existing Historic District Ordinance. Chairlman Sager announced the remaining Planning Commission meeting schedule: Tuesday, February 1, 1994 - 1:30 P.M. Wednesday, February 2, 1994 - 10:00 A.M. vote/recommendation Additional comments were heard from Ed Carlson, 610 Steamer Drive concerning pedestrian access/Steamer Drive, Lloyd Maxwell - clarification on density calculation, open space guarantee, Rowland Retrum - the public hearing procedure is excellent and rebuttal will be furnished during the next meeting. There being no further business, Chairman Sager adjourned the meeting at 3:34 P.M. E /6/icd J (3246.-~ul /9 Vickie O'Connor, CMC, Town Clerk
BRADFOR/PUELIS'ING.0 RECORD OF PROCEEDINGS Planning Commission - Special Meeting February 1, 1994 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Attending: Vice Chairman A. Hix, Commissioners Amos, Brown, Burgess, Miller and Pohl Also Attending: Trustee/Liaison G. Hix, Town Administrator Klaphake, Community Development Director Stamey, Town Attorney White, Clerk O'Connor Absent: Chairman Sager 1. Stanley Historic District Master Plan. Vice Chairman A. Hix called the special meeting to order at 1:30 P.M. to continue discussion/testimony on the Stanley Historic District Master Plan. At staff's request, it was confirmed that the majority of those present attended the previous two presentation meetings. Director Stamey advised that the same format would be followed--public comment, recess and staff response. The Planning Commission will meet February 3, 1994 at 10:00 A.M. for their recommendation to the Town Board. Vice Chairman Hix read the Rules of Procedure for conduct of the meeting. The following addressed the Commission: Tom Watts, generally supports all three Development Agreements with concerns regarding approval of details of land use on parcels proposed for development (review of parcel development by committees; if the developer chooses to call the parcel a subdivision, then public review will take place); definition of open space, particularly as contained in the FHK Development Agreement (open space should be modified and strengthened; remove the provision to allow public and private roads; do not permit criss-crossing open space with permanent public roads; better define open space as described in the Development Standards for Parcels 5, 6 and 8; change "open space" to "dedicated open space" ; add "no permanent structures or parking facilities shall be allowed on these parcels" to the definition in the Development Agreement. Karen Zipser/President, Stanley Hills Homeowners Association, urged the Commission deny variances that will affect the existing view or the 30' buffer zone for Parcel 3, and requested the Commission take note of the density of Parcels 2 and 3. Ross Brown, Real Estate Agent commended all parties involved in establishing this "revolutionary approach", urged the Town Board approve the Master Plan as presented without any modification, and suggested the Town explain the reasons for the new entrance to The Stanley Hotel be further explained. Rowland Retrum commented that the $522,000 is a subsidy that amounts to $70,000 for each of the 7.5 acres of open space in Parcels 3-9 - what does the Town get in return; open space is required individually in Parcels 1, 2 and 3, and collectively in Parcels 4-9; allowable densities by right have not been correctly determined; scrupulous enforcement of the Stanley Historic District ordinance and existing zoning regulations is preferable to adoption of the Master Plan, therefore, Mr. Retrum urged rejection.
BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission - February 1, 1994 - Page 2 Lynn Young (future resident/Black Canyon Hills) commended efforts thus far and expressed concern with the process of the Technical and Architectural Review Committees relative to variances which does not allow for public input--suggested the process be amended to allow notification of affected land owners, public notice and public hearing. Bob Anderman, 751 Black Canyon Dr., commented on the existing overhead power lines, telephone and cable--suggested effort be taken to underground all utilities. Tim Phillips, 2481 Larkspur - patron of the arts and commented in favor of the performing arts center. Mary Bauer, Davis Hill, the view corridors of The Stanley Hotel should be preserved. There being no further comments, Vice Chairman A. Hix recessed the meeting at 1:50 to allow staff an opportunity to respond. The meeting will reconvene at 2:15 P.M. Vice Chairman A. Hix reconvened the meeting at 2:17 P.M. Staff response: The proposed review process was outlined--the Technical and Architectural Review Committees cannot take radical departures from the Master Plan--both Committees have very little liberty to change the Plan. If and when subdivision occurs, development must follow the existing process which includes consideration by the Planning Commission and Town Board. There are two types of open space included in the Master Plan: dedicated which includes Parcels 5, 6&8 and will be owned by the Town in perpetuity; and designated which requires that when parcels are developed, 30% must be designated as open space - this open space may occur in one large mass, or provided in any number of geometric ways; however, the open space requirement cannot be waived. The density calculation formula as contained in the existing Stanley Historic District Ordinance was read and reviewed. The Technical and Architectural Review Committees are prohibited from increasing density or changing uses. Variances may be granted only on site-specific circumstances; the purpose of both Committees is to require compliance with the Master Plan and Design Guidelines. The public roadway into the Historic District was considered and approved by the Trustees in January, 1992 as it was deemed in the best interest of the Town to do so based upon the entrance to the Safeway Store and Stanley Village--road approval was granted prior to discussions taking place on the Master Plan. In addition, the Town did incur direct and indirect expenses; however, the Town does not view these expenses as subsidy. The existing Stanley Historic District Ordinance provides for view corridors and allows density transfers to adjacent parcels. The Master Plan provides for the Town to purchase the density ' transfers for Parcels 5, 6&8 and those density transfers to adjacent property have been eliminated. The Town recently adopted a policy whereby a conscious effort will be made to bury all existing overhead lines. This question should more properly be considered by the Light & Power Committee.
BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission - February 1, 1994 - Page 3 The performing arts center is being provided by the Development Agreement with The Stanley Hotel based upon community interest. DSW and Town staff are the authors of the Master Plan, not the Planning Commission. Rebuttal was offered by Tom Watts and Rowland Retrum. There being no further comment, Vice Chairman A. Hix declared the public hearing closed; this item was continued to February 2, 1994. The Commission will meet February 2, 1994 at 10:00 A.M. for discussion and vote/recommendation. 2. Third Amendment to EPURA Downtown Redevelogment Plan. Vice Chairman A. Hix opened the public hearing. Town Attorney White reported that the Town Board referred this amendment to the Planning Commission January 11, 1994. Certain changes to the Plan are necessary to comply with the proposed Stanley Historic District Master Plan. State law requires any changes to be referred to the Planning Commission for a recommendation. In a memorandum dated January 25, 1994, EPURA Executive Director Anderson outlined the Third Amendment as follows: 1. Proposed. The Urban Design District includes the following uses in the Stanley Historic District: open space/resort, residential, accommodations, commercial/retail and office. The existing Urban Design District designates The Stanley Hotel and surrounding area as an "Open i Space/Resort District." 2. Proposed. Modify Figure 32 to include the following uses: residential, commercial/retail, accommodations and office. The existing Figure 32 (page 112) refers to the 75 acres surrounding the Hotel as "Resort/Stanley Hotel." 3. Proposed. Incorporating the Stanley Design Standards and Guidelines, Exhibit A to the Stanley Historic District Development Agreements as Design Recommendations and Guidelines for the area defined as the Resort/Stanley Hotel and/or Open Space/Resort District (Stanley Hotel). 4. References to The Stanley Hotel/Resort Area will be amended to the Stanley Historic District, governed by the Stanley Historic Development Agreement. There being no further comment, Vice Chairman A. Hix declared the public hearing closed. The proposed Third Amendment is to sequentially follow the Stanley Historic District Master Plan, therefore, it was moved and seconded (Burgess/Brown) the Amendment be continued to February 2, 1994, and it passed unanimously. There being no further business, Vice Chairman A. Hix adjourned the meeting at 3:13 P.M. .r-- €/ 6 i.ck.ub (1) -4.-6-iux-,i.tj Vickie O'Connor, CMC, Town Clerk
BRADFORDPUBLIS HING C 0 RECORD OF PROCEEDINGS Planning Commission - Special Meeting February 2, 1994 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Attending: Vice Chairman A. Hix, Commissioners Amos, Brown, Burgess, Miller and Pohl Also Attending: Trustee/Liaison G. Hix, Community Development Director Stamey, Clerk O'Connor Absent: Chairman Sager 1. Stanley Historic District Master Plan. Vice Chairman A. Hix called the special meeting to order at 10:00 A.M. and advised that public comment was concluded February 1, 1994 - this meeting was called to hear Commissioner comments. Vice Chairman A. Hix read a letter dated January 26, 1994 submitted by Chairman Sager. In summary, Chairman Sager favors the Master Plan and believes that the Commission, through careful deliberation, will arrive at a fair and equitable recommendation to the Town Board. Vice Chairman A. Hix expressed appreciation to all participants for their arduous effort: Town staff, DSW, The Stanley Hotel and FHK, in arriving at a visionary and elegant solution for the 75-acre site. The Plan is in the best interest of all involved, and adequate controls have been included; the Plan should receive national recognition for its innovative conception. Commissioner Amos commented that he supported the existing Stanley Historic District Ordinance and, with the new Master Plan, he was originally concerned with view corridors, dedicated open space for Parcels 5, 6, & 8 and density transfers, wildlife habitat. The Master Plan has addressed his concerns--the Plan endorses planned development rather than piecemeal development; agreed the Plan is revolutionary, supports the open space which may possibly be dedicated to the Land Trust, the Plan protects Parcels 5, 6&8 and guarantees open space, Parcels 1, 2, 3, 4, 7, & 9 will have 30% open space; Parcels 2 & 3 will have more open space than from adjacent areas. Commissioner Amos stated the Master Plan has addressed his concerns and he will support it. He commended the private and public sector for their work, particularly Community Development Director Stamey. Commissioner Burgess requested clarification on procedure if any portions of the site are sold. Director Stamey advised that if there is a lot of record it can be sold; if the developer desires to subdivide, such must have Planning Commission and Town Board approval. If FHK desires to subdivide Parcel 7, a final plat must be filed. Commissioner Pohl commented that during the hearings, reference was made to the use of the roadway through Parcel 3, ending in a dead-end cul-de-sac. Page 39, Article 3 of the Guidelines specifically addresses the dead-end for emergency access by use of a break-away type barrier. This was included to avoid placing more traffic on Steamer Drive. Commissioner Pohl commended the public for their participation and stated most questions were directed to Parcel 3 - all conditions and terms, specifically on the type of structure, materials, etc., protection of trees, and enhanced setbacks have been
BRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Planning Commission - February 2, 1994 - Page 2 addressed. The Master Plan is quite an improvement over what could be developed with current zoning. Commissioner Brown noted that the Stanley area is a unique resource with unique needs and features. The Master Plan accommodates the desires and values of the community, while preserving developer rights. The Plan is predicated on sound planning criteria as viewed today, and flexible enough to respond to the future. The public/private partnership was a success and dramatic departure from current procedure. Commissioner Miller admires the Master Plan itself and commented that his primary concern lies with who paid for the Plan along the way. In his opinion, it is inappropriate for government to expend funds on items such as this, plus the possibility of setting a precedence--projects of this nature should be at the developer's expense. Commissioner Burgess commented that the overall Master Plan is excellent and that open space was not included in previous proposals. Parcel 2 - pleased with the setbacks from Black Canyon Hills; Parcel 3 - is hopeful that this site will not be developed to its full extent and the dead-end street is superior to a through street; Parcel 4 - contains a minimum of commercial with added open space; Parcels 5&6- guarantees the view of The Stanley; Parcel 7 - contains a minimum of development; Parcel 8 - open space parcel, concern with the steepness of the cliff and perhaps shouldn't be developed- would have preferred this open space for Parcel 9; Parcel 9 - no one has questioned development on this parcel which will be increased from 10 to 14 units, the right-of-way parking setback from Highway 34 has been decreased from 25' to 10', the right-of-way parking setback from MacGregor Ave. has been decreased from 15' to 10', understood a 30-unit motel could have been constructed prior to the Master Plan; Parcel 9 serves as the rear gateway for Estes Park, and she does not desire a 14-unit building on this parcel that could eliminate the view of Black Canyon Creek, if it has to be developed, would prefer two smaller buildings and no parking lot. With these concerns, the Master Plan is excellent and alternatives could be devastating. Various comments were made concerning maximum building coverage for Parcel 9, density could have been transferred to Parcel 9, the Town does maintain a Planning Dept. for the purpose of reviewing all plans submitted to the Town for approval - the Department serves as an adjunct to Town Government. At the request of the Planning Commission, based upon the importance and uniqueness of the area, the Town did endorse preparation of the Stanley Historic District Master Plan; the funds expended, which were approved by the Town Board, were merited. Community sentiment was very high when the current Stanley Historic District Ordinance was approved, and DSW acted as an arbitrator during this process. Comments were also made on the 1982 Flood, establishment of EPURA, downtown planning, and the fact that the hotel area was included in the Redevelopment Program (the Plan) at that time. There being no further comment, Commissioner Brown moved that the Planning Commission recommend to the Town Board the adoption of the Ordinance amending Chapter 17.44 by adding Section 17.44.080 which approves and incorporates the following three Development Agreements: 1. Development Agreement between Overlook Limited Partnership, a Colorado Limited Partnership and the Town
BRADFOR'PUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission - February 2, 1994 - Page 3 of Estes Park, Colorado, a Municipal Corporation. 2. Development Agreement between Stanley Hotels, Ltd., formerly Stanley Manor House, Ltd., a Colorado Limited Partnership and the Town of Estes Park, Colorado, a Municipal Corporation. 3. Development Agreement between FHK Company, a Colorado Partnership, and the Town of Estes Park, Colorado, a Municipal Corporation. Commissioner Amos seconded the motion and it passed by the following votes: Those voting "Yes" Commissioners Amos, Brown, Burgess, A. Hix and Pohl. Those voting "No" Commissioner Miller. Commissioner Brown noted that the Planning Commission was supplied with two motions: one recommending approval and one recommending denial of the Ordinance amending Chapter 17.44. 2. Third Amendment to EPURA Downtown Redevelopment Plan. Vice Chairman A. Hix advised that the public hearing and reading of the Amendment were held February 1, 1994. The proposed Third Amendment is intended to coordinate the URA Plan to correspond to the Stanley Historic District Master Plan. There being no further comment, Commissioner Brown moved that the Planning Commission recommend to the Town Board the changes (Third Amendment) to the Estes Park Downtown Redevelopment Program as said modification is in conformity with the Estes Park Comprehensive Plan as set forth on the Memorandum dated January 25, 1994 from Arthur Anderson, Executive Director of EPURA. Commissioner Burgess seconded the motion and it passed unanimously. Following completion of all agenda items, Vice Chairman A. Hix offered the audience an opportunity for comment. Trustee/Liaison G. Hix commended the public and Planning Commission for the process followed for the Historic District Master Plan. The Stanley Hotel is an unconventional anchor to Estes Park and the Town should be proud of the Master Plan and look to the future. Director Stamey acknowledged the public participation - questions were fair and thorough, particularly those posed by Karen Zipser. There being no further business, Vice Chairman A. Hix adjourned the meeting at 10:45 A.M. l, 64.0/uu i ; d.tlt-, A.9.4.i Vickie O'Connor, CMC, Town Clerk
ORDINANCE AN ORDINANCE AMENDING CHAPTER 17.44 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WITH REGARD TO THE ADDITION OF SECTION 17.44.080 RELATING TO DEVELOPMENT AGREEMENTS Section 1. Chapter 17.44 of the Municipal Code of the Town of Estes Park shall be amended with the addition of Section 17.44.080 as follows: 17.44.080 - Development Agreements. The provisions of Chapter 17.44 are subject to and modified by the terms and provisions of certain Development Agreements referred to below. The terms and provisions of these Development Agreements modify and supersede any provisions of this Chapter 17.44 where said Development Agreement provisions are in addition to or in conflict with the terms and provisions of Chapter 17.44. The Development Agreements are as follows: 1. Development Agreement Between Overlook Limited Partnership, A Colorado Limited Partnership, and The Town of Estes Park, Colorado, A Municipal Corporation dated January 15, 1994. 2. Development Agreement Between Stanley Hotels, Ltd., Formerly Stanley Manor House, Ltd., A Colorado Limited Partnership, and The Town of Estes Park, Colorado, A Municipal Corporation dated January 15, 1994. 3. Development Agreement Between FHK Company, A Colorado Partnership, and The Town of Estes Park, Colorado, A Municipal Corporation dated January 17, 1994. Section 2. The Development Agreements are attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1994. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1993, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1994. Town Clerk
RESOLUTION A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, APPROVING A MODIFICATION OF THE ESTES PARK DOWNTOWN REDEVELOPMENT PROGRAM (THE URBAN RENEWAL PLAN) WHEREAS, the Third Modification to the Estes Park Downtown Redevelopment Program, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, was presented to the Board of Trustees by the Estes Park Urban Renewal Authority; and WHEREAS, on January 11, 1994, the Board of Trustees by Resolution 1-94, determined that the proposed Modification constituted a substantial change to the Urban Renewal Plan; and WHEREAS, the Modification was submitted to the Estes Park Planning Commission for its review and recommendation as to conformity of the Modification with the Estes Park Comprehensive Plan; and WHEREAS, on February 2, 1994, the Estes Park Planning Commission reviewed the Modification and determined that said Modification was in conformity with the Estes Park Comprehensive Plan and forwarded its written recommendation to the Board of Trustees; and WHEREAS, a public hearing concerning the Modification was set for February 8, 1994 in front of the Board of Trustees and public notice of said hearing was published as provided in Section 31-25- 107 C.R.S.; and WHEREAS, said public hearing was held before the Board of Trustees of the town of Estes Park at the time, date and place specified in the notice. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THAT: 1. The Board herebv ,Dproved the Modification to the Urban Renewal Plan as the same more fully set forth on Exhibit "A" attached hereto and incorporated herein by reference. INTRODUCED, READ AND PASSED THIS DAY OF , 1994. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk
THIRD MODIFICATION TO THE ESTES PARK DOWNTOWN REDEVELOPMENT PROGRAM The Estes Park Downtown Redevelopment Program (Plan) is modified as follows: 1. In Figure 31 (p. 109)', "Urban Design District" the designation of The Stanley Hotel and surrounding area north of U.S. Highway 34 Bypass, as "Open Space/Resort District" is deleted; and replaced with the following: "Open Space/Resort; Residential; Accommodations; Commercial/Retail; and Office." 2. In Figure 32 (p. 112), "Urban Design Concept Plan", the designation of The Stanley Hotel and surrounding area north of U.S. Highway 34 Bypass as "Resort/Stanley Hotel" is deleted; and replaced with the following: "Open Space/Resort; Residential; Accommodations; Commercial/Retail; and Office." 3. The Section of the Plan entitled "Urban Design" shall have incorporated into the "Other Districts" portion (p. 116), the Stanley Historic District Development Standards and Design Guidelines (Exhibit A) to the Stanley Historic District Development Agreements 4. All references to the "Stanley Hotel/Resort Area" are deleted; and replaced with: "Stanley Historic District, governed by the Stanley Historic District Development Agreements."
MEMORANDUM February 7, 1994 TO: Town Board of Trustees FROM: Steve Stamey, Community Development Director / f Art Anderson, Executive Director, EPURA RE: CITIZENS LETTER DATED FEBRUARY 4, 1994 Questions raised by the citizen's letter of February 4, 1994 are answered. STATEMENT: In mid-1991, with voter support based on representation that it violated no property rights, the Town established a Stanley Historic District by ordinance that provided control of development within the District. RESPONSE: The Stanley Historic District Ordinance was adopted by the Board of Trustees. The electorate rejected the citizen- proposed historic ordinance. STATEMENT: It divided the District into nine parcels, required that 30% designated open space be provided in each, based on total parcel area, and required observance of underlying zoning regulations. The designated open spaces were required individually in Parcels 1, 2, and 3, and collectively in Parcels 4 to 9. All open spaces were to be designated as such on the plat. RESPONSE: The Stanley Historic Ordinance did not divide the district into 9 parcels. It recognized existing lots of record and established view corridors to The Stanley Hotel. The designation of view corridors included the provision for the transfer of development density from the view corridor to adjacent property. The Parcels were established by the Development Agreement Master Plan and the preliminary plat. For Parcels 4 through 9, FHK Company is required to submit through the Planning Commission and Town Board a final subdivision plat. At that time, Parcels 5, 6, and 8 will be designated as permanent open space and transferred to Town ownership upon payment of $100,000. A no-build area will be established for Parcel 4 on the final plat. At the time of development of each parcel, a minimum of 30% open space will be established.
CITIZENS LETTER RESPONSE -2- February 7, 1994 STATEMENT: Ignores obligations established previously by a) the Stanley PUD of 1977, b) the Downtown Redevelopment Plan, c) the Historic District ordinance, and d) the requirements of the underlying zoning. RESPONSE: a) The Stanley PUD of 1977 is being superseded by the Development Agreements. b) The Estes Park Urban Renewal Authority has endorsed the Stanley Historic District Master Plan. The Town Board will consider modification of the Estes Park Downtown Redevelopment Program to include the land uses and design guidelines and standards into the Urban Renewal Plan. c,d) All requirements of the Historic Ordinance and underlying zoning have been complied with or exceeded with the following exception: The 100 foot setback on the south end of Parcel 9 has been reduced to 25 feet for a building or 10 feet for parking from the Highway 34 bypass right-of-way, and reduced the parking setback from the MacGregor Avenue right-of-way from 15 feet to 20 feet. STATEMENT: Does not exact adequate return for a $522,000 subsidy to development in Parcels 3 to 9, for roadways and purchase of some of the open space. RESPONSE: The Stanley Historic District Road is a public street connecting two public streets. The road will provide access to all of the Stanley Historic District parcels, primarily Parcel 7, The Stanley Hotel. It is no different than the Moccasin Bypass which connected two public streets. It is not a subsidy but a cost of improving the safety of traffic flow through Stanley Village and the intersection with the Highway 34 Bypass. The cost of the road is estimated at $250,000 when completed. The legal fees involved to obtain title to the road is approximately $19,000 and the cost of survey and engineering *ork for · the road construction was $22,100. The cost to prepare the preliminary plat was $4,000. Design Studios West (DSW) acted as facilitator/planner to obtain cooperation from the three land owners. The cost of the DSW contract was $63,000.
CITIZENS LETTER RESPONSE -3- February 7, 1994 STATEMENT: Requires no designated open space at all in Parcels 2 and 3. RESPONSE: The graphic Master Plan is illustrative but does achieve 30% open space through perimeter setbacks, as allowed by zoning, and space between and among buildings. At the time of development, a minimum of 30% open space will be established. STATEMENT: Fails to record any of the proposed open spaces on the plat as required by the Historic District ordinance, thus subjecting them to possible future development. RESPONSE: Parcels 5, 6 and 8 will be designated as open space on the final subdivision plat. A no-build area on Parcel 4 will be designated. Open space will be designated on development plans for all parcels. STATEMENT: Significantly ignores certain current zoning regulations, such as setbacks, lot areas, and standards for dead- end streets. RESPONSE: Stanley Historic District Master Plan has set limited land uses on each parcel. The maximum density is less than allowed by zoning, using the density calculations used throughout the Town. The required setbacks on Parcel 2 from Black Canyon Hills has been increased from the zoning standards of 25 feet to 50 feet. The parking setbacks on Parcel 9 have been reduced to MacGregor from 15 feet to 10 feet and 25 feet to 10 feet from the Highway 34 Bypass right-of-way. The Technical Review Committee cannot reduce any perimeter setback (page 19 of Exhibit A). The illustrative cul-de-sac serving Parcel 3 does exceed Town standards in terms of number of units served. This can be corrected by connecting this proposed street to Steamer Drive; however, it was felt this would be detrimental to residents on Steamer Drive. STATEMENT: Purports to reduce density to about half that which is due by right. Such a claim can be made only by ignoring major requirements of current zoning regulations. RESPONSE: The Master Plan does reduce density and that has been demonstrated for each parcel. The ability to transfer density from the view corridor parcels was eliminated.
CITIZENS LETTER RESPONSE -4- February 7, 1994 STATEMENT: For parcels designated as lots, not subdivisions, the Plan requires only committee review without public hearing. RESPONSE: Town regulations allow for multi-family or condominium development to occur on one lot without subdivision. STATEMENT: Is dependent on private contracts that can be modified (as in paragraph 4.01 of each contract) at any time by action only of the parties directly involved. RESPONSE: The agreement states that agreement may only be amended by mutual consent of the parties. The Town as a party is represented by the Town Board of Trustees. All changes must be approved by the Town Board.
BRIOFOROPUBLISHINGCO RECORD OF PROCEEDINGS Special Events Committee January 27, 1994 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: Chairman Hix, Trustee Habecker Also Attending: Town Administrator Klaphake, Special Events Director Scott, Coordinator Hinze, Top hands President Adams, Clerk O'Connor Absent: Trustee Gillette Chairman Hix called the meeting to order at 8:35 A.M. AGREEMENTS: 2.A.- t. Arabian Horse Show, June 30-July 4, 1994, no changes from 1993- Rocky Mountain Miniature Horse Club, July 22-26, 1994, no changes from 1993. Fun Expo Carnival, July 12-16, 1994. The Rooftop Rodeo Committee has endorsed this carnival proposed by Jim Doolittle/Oklahoma. Mr. Doolittle presents the Fun Expo at surrounding County Fairs and the Wyoming State Fair, and includes 22 rides, 12 of which are for children. The Town will receive 10% of gross ticket sales and adequate insurance, naming the Town as an additional insured, will be provided. Powder River Rodeo Productions, Inc.. Staff reported that the former rodeo stock contractor, Alsbaugh, is going out of business and the Rodeo Committee has recommended Powder River be obtained for the 1994 Rooftop Rodeo for a fee of $19,200. Six rodeo performances, plus specialty acts, bullfighter, etc. will be included. Stock from this company was selected to perform during the National Rodeo Finals in Las Vegas. The fee was increased $3,500 from 1993 plus the Town will pay an additional $1,500 for an insurance premium. Director Scott reported that $3,500 will be deducted from the Concert Budget for this expenditure. Town Attorney White is currently reviewing the Agreement and it will be updated and provided to the Trustees during their meeting February 8. Following discussion, the Committee recommends approval of all four agreements contingent upon receipt of Certificates of Insurance conforming to Town standards. 7*EANDINAVIAN FESTIVAL - REOUEST LETTER OF SUPPORT. In a lett/F'04&20 November 27, 1993, Kari Bye requested.*Mi Town supply a letter -ob-mport for the Scandinavian Festi=16/f';cheduled in June. The letter 2~assist event organizers.8-Bring a small group of musicians, dancershlcrafts people.00€5~Estes Park. The Committee recommends Mayor Dan~h».issue~'letter of support, as requested. EVENT EVALUATIONS. 1993 Christmas Parade.hfpecial Events Coordinat~o~r~h~Aze briefed the Committee on thethristmas Parade held November 26:~,stimated attendance 15,0(29•00'Chich is down from 1992, possibly due'~q, very cold and wint,0@ather. organization and creativity help makeN,tlis special ev,fE very successful - public comments received were "b24 ever fg/*lality. " Town expenses were decreased $2,500 due to red.,€Ion of direct expense and payroll. Parade organizer Connie Be€chen was commended her for participation.
AGREEMENT THIS AGRFEMENT, made this 27th day of December , 199 3 , by and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, as party Of the first part, and Colorado Arabian Horse Club , as party of the second part, WITNESSETH: WHEREAS, the second party desires to hold a horse show or shows at Estes Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanley Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold horse shows or halter classes on the following date or dates: Date: June 30, 1994 through July 4, 1994 2. First party agrees to furnish to second party all available stalls and exhibition space for animals at Stanley Park as herein provided. First party will not furnish any feed or straw for any of the animals and no cleaning of the stalls except as herein provided.
AGREEMENT THIS AGREEMENT, made this 2744 day of 13 ec_=01. 6 Er , 1993, hv and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, as party Of the first part, and Red<t MoUNT)4/'1 Mi u ;Allpe /4/52 (14, as party of the second part, WITNESSETH: WHEREAS, the second party desires to hold a horse show or shows at Estes Park Fairgrounds at Stanley Park, (hereinafter referred to as Stanlev Park), Estes Park, Colorado, on the hereinafter set forth dates, and to make contractual agreements for the use of the facilities at Stanley Park and services to be furnished by first party in connection with the use of said .facilities. NOW IT IS AGREED AS FOLLOWS: 1. The second party shall hold horse shows or halter classes on the following date or dates: Date: gil, N e j 1-Q 1994 =74 ue 13 4- t99 9 J-&494 2424 4 190 €uu) L 15* 199 4 Jut-_ 124 l99¥ 2. First party agrees to furnish to second party all available stalls and exhibition space for animals at Stanley Park as herein provided. First party will not furnish any feed or straw for any of the animals and no cleaning of the stalls except as herein provided.
CONTRACT AND AGREEMENT THIS CONTRACT, made and entered into this day of , 19 , by and between the TOWN OF ESTES PARK, party of the first part, and Fun Expo, party of the second part: WITNESSETH: That the party of the first part hereby grants to the party of the second part the right and privilege of running riding devices and shows and concessions on premises of Estes Park Fairgrounds starting July 12 thru 16, 1994 inclusive with operating times to be Tuesday, July 12 at 6:00 pm to 11:00 pm, Wednesday, July 13 at 11:00 a.m. to 11:00 p.m., Thursday, July 14 and Friday, July 15 at 4:00 p.m. to 11:00 p.m. and Saturday, July 16 at 12 noon to 11:00 p.m. Said second party agrees to furnish for such purposes a suitable outfit in good condition and to bear all expenses in installing and operating the same. The said party of the first part is to receive ten percent (10%) of the gross receipts after state and city taxes. Settlement date shall be July 17, 1994. Party of the second part agrees to furnish and maintain statutory worker's compensation insurance coverage, employer's liability, comprehensive general liability insurance coverage and property damage coverage in the following amounts: A. Worker's Compensation Insurance to cover any obligation imposed by applicable laws of the State of Colorado for any employee engaged in the performance of work under this contract, an employer's liability insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) each accident, Five Hundred Thousand Dollars ($500,000.00) disease-policy limit and Five Hundred Thousand Dollars ($500,000.00) disease-to each employed. B. Comprehensive General Liability Insurance with minimum policy limits of One Million Dollars ($1,000,000.00) for each occurrence and One Million Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractional employees acts), contractional, independent contractors and products. The Town of
Estes Park shall be named as additional named insured on this policy. Party of the second part shall furnish certificates evidencing the above insurance requirements including the addition of the Town as additional named insured on the general comprehensive liability policy at least thirty (30) days prior to the beginning of the show. Party of the first part shall obtain all necessary municipal, county and state permits required, and shall pay all fees for permits levied by proper municipal, county, state and federal authorities. In the case of accident, fire, or other acts of providence, neither party shall be held liable for any loss of damage resulting therefrom. If in the opinion of the party of the second part conditions in the community are such that law enforcement agencies are not able to fully keep the peace or conditions are such that party of the - second part is of the opinion that said conditions might pose a hazard to its property or its employees, then in that event party of the second part, at-its option, may close the show and neither party shall have any liability by virtue thereof to the other party. It is further agreed that both parties shall, in all respects, comply the laws-in force at any time during the existence of this contract. FUN EXPO The Town of Estes Park By: General Manager ~ Mayor Party of the Second Part Party of the First Part Attest: Attest:
AGREEMENT THIS AGREEMENT, made and entered into this day of , 1994, by and between the TOWN OF ESTES PARK, a Colorado Municipal Corporation, hereinafter referred to as "Town" and POWDER RIVER RODEO PRODUCTIONS, INC., hereinafter referred to as "Rodeo". WITNESSETH: 1. Rodeo shall produce for Town a rodeo to include six (6) performances, commencing on the 13th day of July, 1994 at Stanley Park, Estes Park, Colorado. Performances shall be as follows: No. of Shows Dates Time 1 July 13, 1994 2:00 P.M. 1 July 13, 1994 8:00 P.M. 1 July 14, 1994 8:00 P.M. 1 July 15, 1994 8:00 P.M. 1 July 16, 1994 2:00 P.M. 1 July 16, 1994 8:00 P.M. 2. Rodeo shall furnish all supervision, stock, personnel and equipment necessary for the six (6) major rodeo events, including but not in limitation thereof the following: pickup men, timekeepers, arena directors, arena secretary, announcer, arena and chute help, rodeo music, bullrighter, and a speciality act to also perform as the barrel man. The Town shall furnish chutes, rodeo grounds, and approved PRCA Rodeo Judges. All personnel and equipment shall be subject to the approval of Town and the Professional Rodec Cowboy's Association, Colorado Springs, Colorado, and shall comply with said Association's rules and regulations. 3. The Town shall also furnish to the Rodeo fifteen (15) tons of hay and two (2) tons of grain. 4. Town shall deliver to Rodeo on July 11, 1994, the sum of Seven Thousand and 00/100 Dollars ($7,000.00) as prize money which is to be disbursed by Rodeo, together with all contestants' entry fees. Rodeo shall collect all the Contestants entry fees. All prize money agreements are to be subject to the approval of said Rodeo Cowboys Association. 5. Town shall pay to the Rodeo for the production of said Rodeo, as herein agreed, the sum of Nineteen Thousand Two Hundred and 00/100 Dollars ($19,200.00) to be paid upon complete performance of Rodeo.
6. Town agrees to furnish the facilities at Stanley Park for the Rodeo. 7. Town shall arrange for an ambulance at the rodeo grounds during all contests. 8. Town shall have the overall authority, control and supervision of Stanley Park, except the production of the rodeo portion thereof, as hereinabove provided, which shall be under the sole supervision, control and responsibility of Rodeo. 9. Rodeo shall provide comprehensive general liability insurance with minimum policy limits or One Million and 00/100 Dollars ($1,000,000) for each occurrence and One Million and 00/100 Dollars ($1,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractional employee's acts), contractional and independent contractors. The Town shall be named as additional insured on this policy. Rodeo shall furnish certificates evidencing the above insurance requirements including the addition of the Town as additional insured on the general comprehensive liability policy, at least thirty (30) days prior to the beginning of the rodeo. The Town shall reimburse Rodeo upon presentation of said Certificate for the cost of this insurance. Said sum shall not exceed One Thousand Five Hundred and 00/100 Dollars ($1,500.00) The parties to this Agreement understand and agree that the Town is relying on, and does not waive, by any provisions of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents or employees. Rodeo understands and agrees that they are an independent contractor under the terms and conditions of this agreement. As such, they are not entitled to unemployment or insurance benefits through the Town. Also, the Rodeo understands and agrees that they are solely responsible for all Federal and State Income Tax, FICA taxes and Unemployment Insurance taxes. Rodeo also understands and agrees that they are responsible for Workmen's Compensation coverage and taxes for themselves and any employee. -2-
10. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered mail as follows: Town of Estes Park c/o Bob Scott Estes Park Fairgrounds P.O. Bex 1967 Estes Park, CO 80517 Powder River Rodeo Productions, Inc. 11. In the event that there is a default under any terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party ten (10) days notice in writing of said default. If said default is not cured within said ten (10) day period, then the non-defaulting party shall be entitled to all damages incurred by the non-defaulting party as a result of said default, including an action for specific performance. Said damages shall include all reasonable attorneys' fees and court costs incurred by the non-defaulting party. 12. Rodeo agrees to include the Town on all releases or waivers of liability obtained by Rodeo from the participants, contestants, and/or exhibitors of said shown, with Town to be released in the same manner as Rodeo. Rodeo agrees to furnish to the Town a copy of the waiver or release form which Rodeo intends to use for said purpose. 13. Rodeo agrees that Town shall not be liable for any injuries, sickness or damage to any of Rodeo's employees, livestock or personal property, and Rodeo agrees to indemnify and to hold Town harmless therefrom and from any third-party claims for loss, damage, sickness or injury caused or alleged to have caused directly or indirectly by Rodeo, its employees, agents or animals, or caused or alleged to have been caused directly or indirectly in any manner whatsoever by the herein agreed upon performances by Rodeo. Said indemnification shall include all reasonable attorney fees and costs incurred by the Town resulting from any third party claim. 14. This agreement represents the entire agreement between the parties and shall not be amended by either of the parties hereto without written consent of the other party. -3-
15. This agreement shall be binding upon and insure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk POWER RIVER RODEO PRODUCTIONS, INC. By: ATTEST: -4-
BRAOFOROPUBLISHING.0 RECORD OF PROCEEDINGS Special Events Committee - January 27, 1994 - Page 2 1993 Ice Sculpture. This second year event provides ice sculptures during the Christmas/New Year season, and has proved to be a crowd- pleaser. Sculptures are provided by local chefs and the Town has no direct expenses. Staff will issue letters to Joe Switzer, John Offerdahl, Jeff Lemon and Rich Jereb expressing the Town's appreciation for sponsoring the event. 1994 ROOFTOP RODEO COMMITTEE/OFFICER APPOINTMENTS. Director Scott presented the following membership and officers: Ed Allbright Steve Kingery Jo Adams Marion ("Chief") Jennista Judy Anderson Gary O'Connor, Vice President Ray Carlton Bob Seifert V Don Cunningham Mary Jo Seifert, Secretary Rick Dill Chuck Thomas Jack Gartner Joan Van Horn, President Margee Gartner Debbie Watson Ken Hobert Betty Whiteside The Committee recommends approval of the membership list and officers as presented, and commended the Rooftop Committee for their support, effort, etc. TRACTOR - REQUEST AUTHORIZATION TO BID. Director Scott reported that the 1994 Budget contains $15,000 (after trade-in) for the purchase of a tractor, and he requested authorization to bid. The Committee recommends staff be authorized to seek bids for the equipment as stated. Staff anticipates submitting the bids in February/March. REPORTS. Craig Ferguson, Rocky Mountain Folks Festival, has advised staff that the Festival will not be returning to Estes Park in 1994. .There being no further business, Chairman Hix adjourned the meeting at 8:53 A.M. r¥7. C.. r Vickie 0'Connor, CMC, Town Clerk
' ROCKY MOUNTAIN CONSULTANTS, INC. 9mc 437 South St. Vraln Estes Park, CO 80517 (303) 586-2458 Metro (303) 825-8233 Fax (303) 825-8912 February 2, 1994 Bill Linnane, P.E. Public Works Directors Town of Estes Park P.O. BOX 1200 Estes Park, CO 80517 RE: 1994 Water Looping Projects Dear Bill: Rocky Mountain Consultants, Inc. (RMC) is submitting the following proposal for work related to the Town of Estes Park 1994 Water Looping Projects. RMC will provide preliminary and final design, easement preparation as required, and construction related engineering services for the following projects: BIG HORN DRIVE An existing 8" steel main with a recent history of numerous leaks will be replaced with new 6" and 12" ductile iron pipe. The riew alignment will consist of 135 feet of 6" pipe and 330 feet of 12" pipe. Additi.onally, approximately 150 feet of new 3/4" services will be required. At this time, easements do not appear to be necessary for the proposed alignment or new services. EAGLE CLIFF ROAD This project call for' the replacement of 1 1/4" steel main with 1050 feet of new 6" ductile iron pipe. The line will be looped back to Spur 66. RMC will also consider possible replacement of the existing 4" main with 8" ductile iron pipe. Considerable easement research and preparation will be required for this project. HIGH DRIVE This project will replace the existing 4" steel main that runs from Heinz Parkway to Columbine Drive. The new 8" ductile iron main will be located in High Drive and Columbine Drive. The length of new main is approximately 950 feet. Approximately 250 feet of new service line would also be required. At this time, easements do not appear to be necessary for the proposed alignment or new services. CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING
gmc Estimated time for the completion of the design for the projects is May, 1994. Please see attached pages for costs associated with the aforementioned projects. If you have any questions, please do not hesitate to call. Sincnrely J~ / / 1~£jfY MOU~fy([0CDOSULTANTS, INC. 1* 4-lf_ 4{'err¥*M. Prochaska, P.E. Assoplate Principal KMP/mas Attachments
gmc EAGLE CLIFF ROAD Cost of Services Preliminary and Final · Rate/Hr. Hrs. Total Design Project Manager $75/hr. 16 $1,200 Design Engineer $50/hr. 16 $ 800 2-Man Survey Crew $75/hr. 22 $1,650 Drafting $30/hr. 26 $ 780 Clerical $20/hr. 6 $ 120 Total Design...............................................$4,550 Construction Inspection Project Manager $75/hr. 4 $ 300 Construction Observer $46/hr. 30 $1,380 Drafting (As-Builts) $30/hr. 4 $ 120 Total Construction Inspection.................... .$1,800 Easements Project Manager $75/hr. 8 $ 600 Registered Land Surveyor $45/hr. 16 $ 720 Survey Technician $35/hr. 32 $1,120 Drafting $30/hr. 16 $ 480 Total Easements............................................$2,920 Total Project Cost. ..................................... ....$9,270
gmc BIG HORN DRIVE Cost of Services Preliminary and Final Rate/Hr. Hrs. Total Design Project Manager $75/hr. 8 $ 600 Design Engineer $50/hr. 16 $ 800 2-Man Survey Crew $75/hr. 8 $ 600 Drafting $30/hr. 24 $ 720 Clerical $20/hr. 4 $ 80 Total Design.........,.....................................$2,800 Construction Inspection Project Manager $75/hr. 8 $ 600 Construction Observer $46/hr. 24 $1,104 Drafting (As-Builts) $30/hr. 4 $ 120 Total Construction Inspection.........··················•·· .$1,824 Total Project Cost. ...................... .................. .$4,624
gmc IIIGH DRIVE Cost of Services Preliminary and Final Rate/Hr. Hrs. Total Design Project Manager $75/hr. 12 $ 900 Design Engineer $50/hr. 16 $ 800 2-Man Survey Crew $75/hr. 16 $1,200 Drafting = $30/hr, 24 $ 720 Clerical $20/hr. 4 $ 80 Total 'Design...............................................$3,700 Construction Inspection Project Manager $75/hr. 8 $ 600 Construction Observer $46/hr. 32 $1,472 Drafting (As-Builts) $30/hr. 8 $ 240 Total Construction Inspection............ .................. .$2,312 Total Project Cost............. .$6,012
gmc TOWN OF ESTES PARK 1994 Water Looping Projects Total Services Cost PROJECT COST Big Horn Drive $ 4,624 Eagle Cliff Road $ 9,270 High Drive $- 6,01.2 - - TOTAL PROJECTS COST (MUST BE NOT TO EXCEED)............$ 19,906
~RADFORD PUBLISHING CO RECORD OF PROCEEDINGS - Community Development Committee, February 2, 1994 - Page 2 Annual comparisons are as follows: f Year Media Serv $ Fulfillment$ # Packets # Calls (n ~ 1991 $265.632 $122,917 71,611 51,513 $3 16~ $272.279 $117,774 76,778 61,599 /17 1993 $276,325 $127,466 73,882 60.653 ~U 14 93 v•92 196 up 896 up 4% down 296 down nominal The 1994 Adverti ng Program, its goals and ob' ctives, Will be directed toward the ational, regional, and conf ence market, with a particular draw toward new residents, using demographic information of locatio age, and ihcome. National ads will be plac in 11 magaz' es in the spring flight, repeating 7 titles for the 1 flight. Circulation for 1994 will be increased by 36% over 19 , wit a decrease in cost of 6%. Regional advertising will be e nd to include advertising in 11 months of the year, with newly de oped Open All Year ads running 6 of those months. The press release program, co ucted b Market Reach on a contract basis, is reviewed monthly the Advert ing Manager. The program operates under a priorit system includ g pre-determined event press releases, travel w ter support, and ecial requests. The collateral distr' ution program provided Certified Folder Display has been e anded for 1994, and will 'stribute 175,000 "Adventure Brochur s" this year. MUSEUM - REPO Director 1sdonk presented the Museum Report for cember, includin monthly statistics identifying visitation, memb ship, volunte s and research requests. A $22,000 general oper ing suppo grant application was submitted to the Institute of Mu um Serv' es on January 21. A $4,500 grant application to the Sta e Hi orical Fund will be resubmitted on March 1. Director Kilsdonk i roduced the Museum Curator John Carr who began work February 1, 94. 4.A. PASSENGER TRANSPORTATION SERVICES - CONTRACT The 1994 contract for passenger transportation services with the Estes Park Trolley Corporation was presented. These services will be available from May 31, 1994 through September 5, 1994, at a cost to the Town of $20,000. An addition in 1994 includes service to Mary's Lake Lodge, the employee housing project. As before, service for Rally 'n the Rockies and Longs Peak Scottish Festival will be provided at no additional cost. The Committee recommends approval of the contract for Passenger Transportation Services in the amount of $20,000 with the condition that the Trolley Corporation provide a certificate of Insurance to the Town, prior to beginning operation. 0!LIZE-R EARTH COMMITTEE - REOUEST FOR FUNDING AdministraEBr-*h,halie-aulai~•e~-C!!:~E~~4er Earth Committee was established t rmine se and intent of the establis e recycling program. Lee r a member of
CONTRACT FOR PASSENGER TRANSPORTATION SERVICES THIS AGREEMENT, effective the day of 1994, by and between the TOWN OF ESTES PARK, P.O. Box 1200, Estes Park, Colorado, 80517 ("Town") and the ESTES PARK TROLLEY CORPORATION, a Colorado Corporation, P.O. Box 2360, Estes Park, Colorado, 80517, ("Company") . WHEREAS, the Town is responsible for administering certain portions of the Estes Park Downtown Redevelopment Program, which includes provisions and programs for traffic circulation and parking, and movement of motor vehicles and pedestrians; and WHEREAS, Estes Park needs public transportation during certain periods of the year to accommodate the vast number of tourists and visitors; and WHEREAS, the Company is in the business of providing public transportation for passengers to, within and from downtown Estes Park and various locations in the Estes Park community, and holds a permit from the Colorado Public Utilities Commission for such business; and WHEREAS, the Company has provided such passenger transportation services since 1987 in the Estes Park community. THEREFORE, in consideration of the mutual covenants and obligations in this contract, it is agreed by and between the parties as follows: 1. Company Services. The Company shall provide trolley (bus) passenger transportation services in the Estes Park community including to, from and within the downtown Estes Park area from approximately May 31, 1994 through September 5, 1994. The Company shall operate three trolley-type vehicles for such services. Additionally, the Company shall also provide the services contained in Appendix A, attached and made part of this contract. 2. Consideration. For the passenger transportation services, the Town shall pay the Company Twenty Thousand Dollars ($20,000.00) as follows: Date of Approval of this Contract by Town $15,000 May 31, 1994 $ 5,000
3. Town Representative. The Town hereby designates the Town Administrator as its representative who shall make or properly designate within the scope Of his authority, all necessary and proper decisions with reference to this contract. 4. Independent Contractor. The services to be performed by the Company are those of an independent contractor and not as an agent, representative, officer, or employee of the Town. 5. Insurance. The Company shall procure and maintain during the entire term of this contract standard form comprehensive general public liability and property damage insurance in the amount of at least $150,000.00 per person and $600,000.00 per occurrence. Said policy shall include the Town as an additional insured and shall include a provision prohibiting--cancellation or termination without thirty (30) days prior written notice to the Town. A Certificate of Insurance in a form acceptable to the Town shall be provided to the Town by the Company. The parties understand and agree that the Town is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et. seq., as from time to · time amended or otherwise available to the Town or any of its officers, agents or employees. 6. P.U.C. Permit. The Company shall maintain . its current permit from the Colorado Public Utilities Commission for its operations during the term of this contract. 7. Default. Each and every term and condition hereof shall be deemed to be a material element of the contract. In the event either party should fail or refuse to perform according to the terms of this contract, such party may be declared in default thereof. 8. Remedies. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) calendar days following mailing of written notice of default within which to cure said default. In the event the default remains uncorrected, the party declaring the default may elect to: (a) terminate
the contract and seek damages; (b) treat the contract as continuing and require specific performance; or (c) avail itself of any other remedy at law or equity. In the event of default of any of the agreements herein by either party which shall require the party not in default to commence legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for and pay all costs, expenses, expert and legal fees related to such default. 9. Severability. It is agreed the invalidity or unenforceability of any section, paragraph or , provision of this contract shall not affect the validity or enforceability of any one or more of the other sections, paragraphs or provisions; and that the parties hereto shall execute any other instruments or perform any acts which are or may be necessary to effectuate all and each of the terms and provisions of this contract. 10. Assignment. This contract shall not be assigned by the Company without prior written approval of the Town. 11. Entire Agreement. This contract constitutes the entire agreement between the Company and the Town and supersedes all other agreements of any nature between the parties. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk . ESTES PARK TROLLEY CORPORATION By: -~ ~~~-~
APPENDIX A The Estes Park Trolley Corporation shall provide the following: 1. Provide service to the Estes Valley, including the YMCA and travel parks to the west of the central business district, based on the needs of the tourist community, as mutually determined by the Town and company. 2. Toll-free trolley service for special events on the following: NUMBEROF DATE EVENT TIME TROLLEYS Aug. 23-27 Rally 'n the Rockies 9 a.m.-8 p.m. 3 Sept. 8-11 Longs Peak Highland Scottish Festival 9 a.m.-8 p.m. 3 3. Provide toll-free trolley service to the Marys Lake Employee Housing project at Marys Lake Lodge at least six times per day, seven days per week during regularly scheduled service. The stop shall be at the main driveway entrance off Marys Lake Road.
BRAOroRD PUBLISHING CO. RECORD OF PROCEEDINGS Administrative Committee - January 13, 1994 - Page 2 to exempt day-care providers as the Town may loose licensed child care currently available. In addition, unlicensed (State) providers may multiply. Trustee Doylen countered that licensing does not guarantee quality and that the business license would not deter someone genuinely interested in providing child care. Trustee Doylen briefed the Committee on her personal child care expenses and stated she would support a reduction but not an exemption for day-care providers. Administrator Klaphake reviewed staff's suggestion that a home occupation category be initiated for 1995. Town Attorney White previously provided a definition for home occupation: "a business, profession, or occupation conducted within or from the dwelling by a resident thereof as an accessory use to the residential use of the dwelling; provided, the home occupation is contained principally within said dwelling; is carried on by the inhabitants thereof; is clearly incidental and secondary to the use of the dwelling for dwelling purposes; has not changed the residential character thereof; and no article is sold or offered for sale on the premises except such as may be produced by member of the immediate family residing on the premises." Staff suggested a $100/yr. fee be assessed for the home occupation category. Following discussion, the Committee recommends: (1) no changes be made in 1994, thereby allowing the Clerk's Office to invoice all day-care providers at the rate of $200.00/yr.; (2) that in 1995, building -contractors be indexed under the current "General" category, thereby paying a $200.00 fee/yr.; and (3) that in 1995, the home occupation category be established with an associated fee of $100/yr. In an attempt to increase public testimony, Item #1 will be discussed at the Town Board meeting January 25 and Items #2 & 3 will be discussed during the Town Board meeting scheduled February 8. REPORTS. Finance Officer Vavra updated the Committee on the Town's insurance carrier, CIRSA, identifying the carrier's 1994 coverage structure on property and casualty. Trustee Habecker questioned staff regarding where the liability lies with volunteer firemen while driving to/from a fire. Fire trucks are fully insured and the firemen are insured providing there is no neglect and all traffic rules are obeyed. The Committee suggested CIRSA conduct a periodic training session with the Fire Department to update the firemen on insurance liability/negligence guidelines. There being no further business, Chairman Dannels adjourned the meeting at 11:10 A.M. Vickie O'Connor, CMC, Town Clerk
i '... i li i< MAR 0 3 1091 ti U *r - 441'b .....-Il ESTES VALLEY T<10*~f%d C. 112,2 4 CONTRACTORS 02-4-X.. ASSOCIATION TO: The Trail Gazette The Honorable Bernie Dannels, Mayor Mr. Gary Klaphake, Town Administrator Town Board Members Gentlemen, This letter is written on behalf of the Estes Valley Contractors Association members to protest the board's recent and untimely increase in the so-called "occupation fees." Like many others who have protested at town meetings and to the Trail, we believe the new schedule of fees is excessive, poorly considered in terms of classification and generally thoughtless if the funds generated are to be spent primarily on advertising which does not benefit all local businesses in an equal manner. We would like to call attention to the following: Unlike retail shops and motels, nearly all contractor "sales" are to Estes Park residents and new home builders or purchasers--not casual visitors and tourists; Like most service and custom businesses, we do not benefit directly (if at all) from out of town ads; In addition to the sales taxes generated by building materials and related equipment, all of our members' "sales" require building permits and other fees in advance; Classifying a small shop owner, a one-man service business or a part-time self- employed craftsman in the same fee classification as one of our banks, a gas station or a real estate agency is totally unfair and patently ridiculous. m ,-I =f--IV ln-7/1 . C=CT=C 0/\ Dt, f-V-I =Infl 7
, . Page Two (Continued) In summary, we do not like the size of the increase, the too-broad classifications in the new schedule, nor the intended use of the "fee". We have no objections to a true business license fee--if it is levied equally on all-and we believe like many others that advertising by the town of Estes Park should be funded by sales taxes to which everyone contributes. Yours truly, Rich Wille, President EVCA P.S. We would be pleased if any interested town board member could review this matter at,one of our meetings; if this is not possible, a prompt response to this letter will be appreciated. -