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Home My WebLink AboutPACKET Town Board 1996-11-12Prepared 11/7/96 a The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 12, 1996 7:30 P.M. AGENDA PUBLIC COMMENT. 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 October 22, 1996. 2. Bills. 3. Committee Minutes: A. Public Works, October 24, 1996. B. Community Development, November 7, 1996. C. Planning Commission, October 24, 1996 (acknowledgement only). ACTION ITEMS: 1. Joint Meeting with Larimer County Commissioners on Comprehensive Plan - Referral to respective Planning Commissions for adoption. Brief Recess. 2. Public Works Committee, October 24, 1996: A. High Drive Heights Water Main Project/Contract with Kearney & Sons Excavating - Approval Of Budget Expenditure. B. First Street Storm Sewer Project/Contract with Connell Resources - Approval of Budget Expenditure. 3. Community Development Committee, November 7, 1996: A. Fulfillment Services Agreement with First Class Direct, Inc. - Approval. B. Powder River Agreement (Third Year of 3-Yr. Agreement) - Approval of Budget Expenditure. C. Weekly Summer Rodeo Agreement - Presentation. 1 r 4. Planning Commission, October 24, 1996: , A. Public Hearing: Rezoning Request for Lots 1-4, 7-50, 7B- 16B of Buenna Vista Terrace Subdivision, Lots 1 & 2, Schuster Subdivision, and Lots 1 & 2, Hess Subdivision, Buenna Vista Terrace Subdivision Property Owners/Applicant. B. Public Hearing: Amended Plat of Lots 1 & 2, Hess Subdivision, Alice Hess/Applicant. C. Public Hearing: Amended Plat of Tract 4 & 5, Beaver Point, Second Addition, Gary Mitchell/Applicant. D. Public Hearing: Amended Plat of a Portion of Lots 19 and 20, South St. Vrain Addition, Susan Sanford/Applicant. E. Public Hearing: Annexation of Elm Road, Second Addition, Town of Estes Park/Applicant: 1. Annexation Ordinance #19-96. 2. Zoning Ordinance #20-96, I-1 Restricted Industrial. 5. Estes Valley Memorial Gardens, Inc. - Transfer of Parcel 6 - Ordinance #16-96. 6. Town Administrator's Report: A. 7. Adjourn. NOTE: The Board of Trustees will meet for one meeting in December, December 10, 1996. 2 Town of Estes Park, Larimer County, Colorado, . .OPtiobex .22 . ., 191 6. . regular Minutes of a........ meeting of the Board of Truâ€¢teeâ€¢ of the Town of Estei Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . . 22rld. day of ... Q.c~ober .., A.D., 1996. . at regular meeting hour. Robert L. Dekker Meeting called to order by Mayor .......................... Present: Mayor Dekker Trustees: Susan L. Doylen, Mayor Pro Tem Jeff Barker John Baudek George J. Hix William J. Marshall Also Present: Gary Klaphake, J. Donald Pauley Town Administrator Tina Kuehl, Deputy Town Clerk Absent: Gregory A. White, Town Attorney Mayor Dekker called the meeting to order at 7:30 p.m. PUBLIC INPUT. Louis O'Riordan expressed his disapproval regarding the Board's decision to deny Special Review #96-5. CONSENT CALENDAR: 1. Town Board Minutes dated October 8, 1996. 2. Bills. 3. Committee Minutes: A. Light & Power, October 10, 1996. B. Public Safety, October 17, 1996. It was moved and seconded (Hix-Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1.A. Water Main Design and Construction Management Scope of Service - Approval. Administrator Klaphake explained that, because of the projected Highway 7 widening project, a water utility upgrade along the Highway 7 Corridor is proposed which will consist of 10,400' of 12" new ductile iron pipe. Rocky Mountain Consultants has submitted a design and management scope of services for this project in the amount of $102,630, which will be split between the Town, $37,152,06, and CDOT, $65,477.94. Construction will commence prior to the submission Of formal documents for this cost-sharing arrangement. It was moved and seconded (Doylen-Hix) that the contract with Rocky Mountain Consultants be approved in the amount of $102,630 for design and construction of the Highway 7 water main replacement, provided a formal cost-sharing agreement with CDOT is granted, and it passed unanimously. For review purposes, a summary of the water augmentationÂ· plan will be presented to the Board. 1Â· Board of Trustees, October 22, 1996 - Page 2 2.A. Municipal Parking Lot Change Order - Approval. Director Matzke explained that the original trenching contrabt for the Municipal Parking Lot totaled $7,390, and' the change order consists of: 1. Additional trench and conduits for rerouting of the primary underground feed to the Municipal Building: $3,497..20. 2. Per request of the Project Manager, the use of concrete flow fill as backfill material: $11,672.27. It was moved and seconded (Hix-Baudek) the change order totalling $15,169.47 be approved as presented, and it passed unanimously. 3.A. Closure of Elkhorn Avenue for Halloween Night Event. October ~ 31, 1996 - Approval. Captain Filsinger proposed that, for public safety purposes, the following intersections be closed from 5:00 p.m. to 9:00 p.m. for the Halloween festivities: E. Riverside Dr. at E. Elkhorn Ave.; Moraine Ave./Bighorn Dr. at E. Elkhorn Ave.; and Spruce Dr. at W. Elkhorn Ave. Four off icers have volunteered to phtrol the area. This closure - will be publicized. It was moved and seconded (Marshall- Baudek) the request to close Elkhorn Avenue as explained for the "ghosties and things that go bump in the night" (Halloween ~ Night festivities) be approved, and it passed unanimously. Trustee Baudek complimented the Police Department for its pro- active endorsement of this activity. 4.A. Town Administrator's Report. Administrator Klaphake announced that Blue Cross has offered to renew the existing PPO (Preferred Physician Plan) health insurance plan at no rate increase. In 1995, for Plan Year : 1996, the Board was told an HMO alternative was the only I choice; however, this was not implemented because of the non- participation of local medical facilities. It was moved and ; seconded (Doylen-Hix) that, because Of the time frame ~ involved, Staff be authorized to enter into an agreement with Blue Cross Blue Shield for the proposed PPO Plan at no rate ! increase for 1997, and it passed unanimously. Administrator Klaphake thanked the Board for their support of I the Fire Station project. Mayor Dekker thanked the Staff for their perseverance leading to the Fire Station Grand Opening. Trustee Doylen commended the well-trained Fire Department staff, and reminded the Board that water main upgrades, such ' as the one approved at this meeting, will provide increased fire protection in an emergency. There being no further business, Mayor Dekker adjourned the meeting at 8:05 p.m. Mayor Defuty Town Clerk 'RAOFOROPUBLISHINGCO RECORD OF PROCEEDINGS = - Public Works Committee October 24, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Construction and Public Facilities Manager Sievers, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. , SUNRISE LANE RIGHT-OF-WAY VACATION - REQUEST BY PARK ENTRANCE ESTATES PROPERTY OWNERS ASSOCIATION Director Linnane reported that Park Entrance Estates Property Owners Association has requested that the public right-of-way along Lots 16, 21, and 26 be vacated to the owners of the lots: Carl Burgener, Lot 26; Ed Dragon, Lot 21; and David Kneght, Lot 16. Staff reported that this area is not conducive to a future roadway, and the vacation would transfer all liability to the owners. Ed Dragon verified that the vacated property would be considered a private drive on private property. The three affected property owners agree with this vacation. Attorney White reviewed the request and outlined the title split: * Lot 26: The northern portion of Sunrise Lane abutting Lot 26. â€¢ Lot 21: The portion of Sunrise Lane from the northeast corner of Lot 21 south to the north point of Lot 16, then the abutting 1/2 of Sunrise Lane from said point to its confluence with Meadow Circle. * Lot 16: 1/2 of the abutting portion of Sunrise Lane from the north point of Lot 16 to its confluence with Sunrise Lane. The agreement will include a utility and access easement, and the deed will be reviewed by all parties prior to signing. The Committee recommends an Ordinance be prepared for this vacation as presented. CAUSEWAY TRAIL - REQUEST TO BID Director Linnane explained that 1997 Enhancement Funds totaling $146,000 will be used for the Causeway Trail construction, and an additional $35,000 from 1996 funds may be available. An agreement will be prepared upon verification of the total available funds. To facilitate the project schedule (winter start-up with spring construction), Director Linnane requested permission to bid after funding determination. The Committee recommends approval of the Causeway Trail bid process after total funding verification. HIGH DR. HEIGHTS WATER MAIN PROJECT - REOUEST TO AWARD CONTRACT Director Linnane explained that Kearney & Sons bid the 8" water main extension at $79,437, 6% below the 1994 and 1995 water looping projects unit prices. Proposed completion is June 1, .1997. The Committee recommends approval of this contract to Kearney & Sons Excavating in the amount of $79,437.00. FIRST ST. STORM SEWER PROJECT - REQUEST TO AWARD BID Manager Sievers explained that design and construction management of Phase 5A of the Prospect Mountain Storm Water Management Master plan was contracted to Rocky Mountain Consultants at the September 10 Town Board meeting. Their bid results follow: BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee Meeting, October 24, 1996 - Page 2 R & D Pipeline, Lakewood $177,194.00 WYCON. Broomfield $149,866.00 Aquatic & Wetlands, Ft. Lupton $140,815.00 G.L. Hoff, Loveland $138,226.75 Connell Resources, Ft. Collins $124,487.00 Manager Sievers explained that construction will begin near the Chinese Restaurant, go north along First Street, then east along the highway to Third St. The size of the reinforced concrete pipe will vary from 24" to 36". This project will eliminate the existing water problem in front of Ace Hardware. The 1996 budget contains $113,000 for this project with excess funds transferred from other Public Works Department projects. The Committee recommends approval of the bid, $124,487.00, fram Connell Resources for Phase 5A of the Prospect Mountain Storm Water Management Master Plan construction. CLUSTER BOX MAIL DELIVERY PROJECT. PHASE 4 - REQUEST TO SOLICIT PRICES AND PROCEED WITH CONSTRUCTION Director Linnane reviewed Phases 1-3 of this project and explained that Phase 4 will consist of the area surrounding downtown, plus areas missed in the previous phases. The final Phase 5, which will confirm all areas are complete, is projected for next year. Future cluster box provisions will be the responsibility of the developer. The Committee recammends approval to solicit bids and proceed with construction of Phase 4 of the Cluster Box Mail Delivery Project. 1996 WATER LOOPING PROJECT - REQUEST APPROVAL OF A CHANGE ORDER Director Linnane presented a change order for the 1996 Water Looping Project from Kitchen and Company as follows: Realignment of Fall River Lane Water Line $1,750Â· 12" x 12" Solid Sleeve 313 12" x 12" x 6â€¢ Tee & 6" Gate Valve 365 Total $2,428 The Committee recammends approval of the change order as presented totaling $2,428. REPORTS The Committee reviewed the Customer Service Response Report for September. Highway 7 Proiect Update: Administrator Klaphake reported that the Town and CDOT have made modifications to the scope and design of the Highway 7 Reconstruction Project based on input from citizens of the area, which include reducing the width of the project in the commercial area between 1st St. and 4th St. by 2' and reducing the width of the surfaced area from Graves Ave. to Carriage Dr. from 54' to 44'. Traffic movement and construction time schedules have not yet been determined. Director Linnane added that during construction there will be access to all businesses at all times. Before State construction begins, the Town will be installing new water mains. Chairman Doylen commended Staff for their efforts in laying the groundwork for this important project. November Public Works Meeting Schedule: Director Linnane explained the November Public Works Committee meeting has been rescheduled to November 27 because of the Thanksgiving Holiday. Chairman Doylen adjourned the meeting at 8:40 a.m. -Tr__ K -2.Q Tina Kuehl, Deputy Town Clerk BRADFORIPUBLISHING CO. RECORD OF PROCEEDINGS Cullutiwilly Develuplucal. Cu.ualll=c November 7, 1996 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: All Also Attending: Administrator Klaphake, Directors Hinze, Kilsdonk, and Stamey, Advertising Manager Marsh, Conference Center Director Pickering, and Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:02 a.m. COMMUNITY DEVELOPMENT Advertising Report. Advertising Manager Marsh reported that information requests continue to show a decline of 7% from last year. Articles regarding Rocky Mountain National Park and Colorado tourism appeared in the St. Louis Post Dispatch and the Rocky Mountain News. The Virtual Visitors Guide has had 33,533 initial accesses since January 1, with 47% of the users having visited Estes Park previously. Director Marsh reported that changes in Postal Service regulations require automation for fulfillment services. Five RFP's were distributed and two proposals were received from Eagle Direct in Denver and First Class Direct in Fort Collins. Trustee Barker verified that the Chamber was included in this process, but is unable to provide the services necessary. First Class Direct presented the lowest per piece bid, which included set up charges and service charges for mailing, administration, reporting (including demographic studies), and warehousing. The Chamber will continue to handle the phone calls and enter information into a data base, which will be transferred to First Direct by floppy disc. When requests do not meet quantity demand, First Direct will mail the information first class in order to provide a three-day response time. The Committee recommends approval of the First Class Direct fulfillment services proposal starting in 1997, pending review by Attorney White. Conference Center Report: Conference Center Director Pickering reviewed the computer-generated forms which provide conference information from booking to final revenue/expenditure figures which help formulate the Marketing Fund. These forms include: Group , Lead, Room Block Confirmation, Hotel Pickup Report, and Summary Report. Director Pickering reviewed several survey forms returned by conference representatives, and all were pleased with the service and facilities. Mayor Dekker has written letters to each Holiday Inn staff member commending them for their consistent excellent service to the community and the conference attendees. MUSEUM Director Kilsdonk announced the upcoming holiday exhibit, "The Joy of Toys", will be on display starting November 29. The Museum will be closed January 1-March 31 for renovation. Upcoming programs include Anna Wolfrom and the Wigwam Tea Room, Tour of Old Town Fort Collins, History Camp Open House, and the annual Holiday Open House. The Art Center will hold a joint fundraiser with the Museum on November 23 at the Stanley Hotel. Friends of the Museum will assume the responsibility of the Museum gift shop operation in 1997. The Institute of Museum Services has selected a portion of the Museum's general operating support grant application to be distributed to small museums nationwide during the next funding cycle. Year-to-date attendance is 10,469, compared to 7,000 last year. BRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS , Community Development Committee, November 7, 1996 - Page 2 SPECIAL EVENTS Renewal of Existing 3-Year Agreement with Powder River Productions (stock contractor): Director Hinze explained this is the third year of this 3-year agreement for the Rooftop Rodeo. The Committee approved the renewal of the Powder River Productions Agreement as presented. Evaluation of the Summer Downtown Entertainment Permit: Director Hinze reported favorable comments regarding the entertainment in the downtown area parks over the summer. Dick Orleans reported that he established an entertainment sublicense for each entertainer to sign which outlined the rules and regulations and included a $20.00 fee. Mr. Orleans booked several performers and hopes to continue the program in 1997. He requested that additional signs be made which state the performance is supported by the Town, so that each performer may have one. Chairman Doylen commended Mr. Orleans for his efforts in this successful program. The Committee recommends this program be continued in 1997. Event Evaluations: The Copper Penny Hunter-Jumper Show was a first-time event in Estes Park and is scheduled to return in 1997. The Silver Dollar Hunter-Jumper Show and Westernaires both increased participation and attendance. The Hunter-Jumper Shows are scheduled to return in 1997. The Labor Day Arts and Crafts Show and the Fine Arts Guild each demonstrated improved quality and increased attendance. The Longs Peak Scottish Fest attracted the largest crowd to date. Autumn Gold is increasing each year in popularity. Participants in the Surprise Sale reported inconsistent results regarding sales. Christmas Parade: Activities begin at noon on November 29 with hayrides, pony rides, Santa Claus visits, animal characters, and singing groups. The parade begins at 5:30 p.m., and includes 44 entrants. Trustee Doylen commended Town staff, the Police Department, Eagle Rock School, and many other groups and individuals who provide volunteer services for the success of this major event. Weekly Summer Rodeo Program Proposal: Chairman Doylen announced that the Vold Rodeo Company has approached the Town with a proposal to provide 25 rodeos in Estes Park during the summer starting in 1997. The Proposal is for three consecutive years, with an option to renew. The Vold Rodeo Company has staged many national rodeos, including Cheyenne Frontier Days, and is a family-run organization. Director Hinze reviewed the proposal, highlighting the responsibilities of each party. The rodeos would be called the Estes Park Night Rodeo series, and would not be a part of any major association. Ticket income will be split;Â· 80% to Vold and 20% to the Town. Vold will not solicit local support without prior Fairgrounds and Rooftop Rodeo Committee approval. Director Hinze has been in contact with Estes Park horse shows regarding this proposal to discuss their concerns and conflicts. Eldon Savage, representative of the Colorado Arabian Horse Club announced the Club's 50th Anniversary in 1998 which will draw many participants and expressed the following concerns: security, time limitations, parking, facility strain, food concession capabilities, weather conditions, and the ability of dual shows to interact positively. Eleanor Dunn expressed concern regarding weather delays and scheduling. Powder River Productions expressed apprehension regarding available pasture and feed. Rooftop President Jo Adams reported that the Rooftop Rodeo Committee members support the Proposal, adding that any concerns had been addressed. Les Foiles, representative for the Lions Club, was in attendance regarding the needs of the food concession stand. Debbie Holgerson, Stage Western, agrees that Estes Park needs evening entertainment, and this rodeo proposal would help address that need, but that the horse shows not be excluded. The Committee members agreed that the . BRADFOROPUILISHING.0 RECORD OF PROCEEDINGS Community Development Committee, November 7, 1996 - Page 3 horse shows are important, that evening entertainment is needed, and that any change in facility usage will require cooperation of both the community and users of the Stanley Park grounds. Administrator Klaphake reminddd the Committee that a Town Board goal is to fully utilize Stanley Park and noted that most of July had been blocked from Vold Rodeo usage due to the previous usage of the Fairgrounds, any additional blockage of time slots may result in the proposal being withdrawn, and that combined use of fairgrounds by horse shows and rodeos is done nationally. Discussion followed regarding the number of stalls available. Trudy Carra de Salero expressed concern regarding the effect of the scheduled Fourth of July fireworks on the horses. Chairman Doylen continued to express concern regarding the impact on horse shows, and urged Staff to continue their communication with these groups. The Committee recommends approval of the Vold Summer Rodeo Proposal with the following additional information being provided to the Town Board: (1) examples of combined usage from other communities, (2) reports on the coexistence of diverse kinds of stock, and (3) plans for segregation of the groups. Trustee Marshall urged representatives of each group attend the November 12 Town Board meeting. There being no further business, Chairman Doylen adjourned the meeting at 9:50 a.m. T- 14--Q..2 Tina Kuehl, Deputy Town Clerk BRAOFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Planning Commission October 24, 1996 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: Chairman Sager, Commissioners Burgess, Gilfillan, A. Hix, Pohl, Thomas Also Attending: Trustee Liaison G. Hix, Attorney White, Director Stamey, Senior Planner Joseph, Secretary Botic Absent: Commissioner Brown Chairman Sager called the meeting to order at 1:33 p.m. 1. MINUTES Minutes of the September 17, 1996 meeting were approved as presented. 2. UNFINISHED BUSINESS 2.a. SUBDIVISION - Preliminarv Plat. Portion Tract A, Prospect Estates Addition. Stephen Walt Solomon and Cynthia Solomon Curry/Applicant. This is a request to divide 66.218 acres into 15 lots for single family development to be known as Prospect Highlands Subdivision. Applicant's representative, Kerry Prochaska, reviewed the proposal. He stated Outlot C is being dedicated as open space and will adjoin another open space area. Outlot A contains 33 acres and will be a conservation easement with the top 1,000' feet of Prospect Mountain left open with no future plans. The area is zoned R-S Residential and is proposed to be restricted to single family. The maximum number of lots will be 18, and 15 lots are being proposed at this time. Shared driveways are planned for some lots. Mr. Prochaska has consulted with David Habecker and building is feasible. He reviewed the storm drainage history, associated problems in 1995 and the drainage report. The proposal contains provisions for drainage basins, swales, and ditches to disperse water. Engineering will be approved by the Town Engineer. The Prospect Mountain pumping station will no longer be necessary which will result in reduced costs. Regarding only one entrance/exit, he stated no problems have occurred with emergency situations in areas such a Crags Subdivision, the Uplands and Rockwood Estates, and requested an exception to allow 15 lots which exceeds Town Code of 12 lots. Applicant will comply with all items in the Staff report. In response to Chairman Sager's concerns on construction management to mitigate geological hazards, Mr. Prochaska stated the area will be studied, impacts will be mitigated and contractors who perform blasting must be certified by the State. Specialists/experts will be employed. Director Stamey reviewed the Staff report and stated that Curry Drive would need to be dedicated from Peak View Drive to the eastern property line. The preliminary plat as presented will require an exception from the Municipal Code and Mr. Stamey concurred with Mr. Prochaska's earlier comments of ground water problems in 1995. He also recognized correspondence received from the following: Harley T. Godard, 477 Peak View Drive, Estes Park, CO; Chris Rosenberg, 555 Darcy, Estes Park, CO; Ralph Kienker, 15647 Quail Meadows Drive, Chesterfield, MO; Douglas S. and Margaret G. Chapin, 465 Marcus Lane, Estes Park, CO; Paul C. Eide, 471 Marcus Lane, Estes Park, CO; Harriett and Laurence Paddock, 470 Marcus Lane, Estes Park, CO; and Nancy Stevens, 461 Marcus Lane, Estes Park, CO. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS , Planning Commission - October 24, 1996 Page 2 Audience comments were heard from Frank Parks, 555 B Devon Drive, who asked if there would be drainage across Marcus Lane and whether the Town would accept liability. Town Attorney White stated improvement guarantees are required for developers and the Town does not require private contractors to be bonded. David Habecker, 221 Big Horn, of Habecker Designs, Inc. stated he recently inspected the property and as a building designer he has had more challenging requests. It.was his opinion that building is possible and requested the building envelopes not be fixed. He suggested using setbacks or 'suggested' envelopes. Director Stamey suggested the Final Plat would need to have building envelopes and that perhaps a note could be developed that would allow for some flexibility (e.g. a note stating they may be enlarged in length or width by x' or X%). Chris Rosenberg, 555 Darcy, expressed concerns with liability, extensive blasting, ground water flow and urged caution. Jack Dreibus, 1720 Dekker Circle, expressed his opposition, requested additional information on drainage, and stated he was also speaking on behalf of Emma Carlson, 610 Longs Drive. John Phipps, an attorney representing the Prospect Mountain Townhouse Association, submitted a packet of information to the Commissioners. He submitted a letter from Terracon Consultants Western, Inc. Of Ft. Collins, which stated detailed geological and geotechnical studies, rockfall studies and engineering studies by an independent agency should be required before the project continues. He emphasized the Association desires the report prior to Final Plat approval. He submitted a list of items required for a development plan and requested that development plans be required for all lots in the Subdivision. He noted 4 lots would have driveway grades which would exceed 14%. Mr. Phipps expressed concern with excavation of driveways and average slope. He noted there is a lack of clarity of the grade of the proposed street which supports his request to have a development plan for each lot. He then reviewed 11 items which, in his opinion, would need variances and/or exceptions from the Municipal Code, and a definition of a P.U.D. from Larimer County. He stated three utility easements would be needed across the Bureau property. , Mr. Phipps requested denial of the Preliminary Plat. Margaret Nusser, 468 Marcus Lane, stated she sustained water damage in 1995 and questioned the effectiveness of a detention pond and asked how historic runoff is calculated. Mr. Prochaska responded. Bob*Allsop, 555 Devon Drive, questioned if the increased flow in. the cul-de-sac which would be collected in a holding pond would go across or under Peak View Drive, how the developer would sell lots, and concerns with Outlot A becoming a guaranteed open space. He could not envision the building envelopes and requested the Commissioners go on site. Director Stamey stated before any construction would 'begin, the Final Plat would need to be approved. Sandy Lerner, 463 Marcus Lane, stated Marcus Lane met the requirements of the Town and there are drainage problems now. He was told when he bought his home no. homes would be built above and expressed concerns with the effects of the swale for those below and requested information on plans to protect those who live below the proposed lots. Hancel McCord, 685 Peak View Drive, stated his opposition to the proposal due to the destruction of the scale of the neighborhood and natural landscape. Harriett Paddock, 470 Marcus Lane, expressed concerns with the detention pond between Lots 33 and 35 and questioned how the Town addressed the wetlands. George Hockman, 1625 Prospect Estates Drive, stated he is a retired professional geologist and has many conderns regarding drainage and rock stability. John Murphy, 912 Elk Hollow Court, spoke in support of the proposal. He IRADFORD.U.LISHING.0. RECORD OF PROCEEDINGS Planning Commission - October 24, 1996 Page 3 stated Outlot A will be donated to the Land Trust and submitted a letter. Mr. Prochaska stated the water problem on the south side would not be solved with this proposal. However, this proposal will take care of its own drainage requirements, and would not adversely affect or exacerbate problems. Regarding the letter from Terracon and the statement that 'some rocks have fallen in recent historic time', he believes it has been a long time since rocks have fallen and he has seen 4 rocks which have migrated off this site onto the Bureau property. He stated no variance is being requested on the length of the cul-de-sac. He stated the roads grades will be 12.4% and if requested by the Public Works Director, the 0.2% section can be changed to 0.4%. Regarding the radius of the curve, he noted Public Works indicated 75' would be acceptable. If the plans are incorrect regarding the turn-around radius, they will be corrected. Regarding the BMLA, he stated Lots 14 and 15 could be combined and used for a duplex, Lots 4, 5, 6, and 7 property lines could be extended into Outlot A, resulting in larger lots, and reduced open space, however, he doesn't believe that would be 'good planning.' The runoff from Lots 1-5 will be controlled with minimal increase in the historic runoff which is now channeled down Peak View Drive. Public Works Director Linnane stated the developer plans to construct a very large pond that will reduce the flow rate across the cul-de-sac. There will be a slight increase of r flow along one section of Peak View Drive. He recommended the 1 Town be given a 3 year improvement guarantee to allow for any 4 problems to be covered and that RMC or the developer be available to answer individual questions. Mr. Prochaska stated he would be available for questions in the coming weeks. In response to Commissioner Gilfillan's questions, Attorney 1 White stated the 1991 annexation map identifies properties and : roads. The dirt road in question was not identified and a 'trail' is not considered a road and is without status. Commissioner A. Hix stated her displeasure with this proposal and noted the regulations for enforcement of good planning are not available, however, the proposal does meet minimum requirements and she is convinced it will have appropriate controls and thus it was moved and seconded (A. Hix/Sager) Preliminary Plat, Portion Tract A, Prospect Estates Addition, to be known as Prospect Highlands Subdivision be approved with the following conditions, and it passed with the following votes. Those voting "Yes", Commissioners Sager, Gilfillan, A. Hix and Pohl. Those voting "No", Commissioners Burgess and Thomas. 1. A development plan be submitted for Lots 4, 5, 6, 7, 14 and 15 at the time of final plat submittal. The development plan needs to demonstrate the feasibility of building on each lot. 2. A geological hazard report be submitted. 3. Lots 13, 14, 15 be shown as Outlot D and be reserved for future development of 3 lots maximum. 4. Clarify status of Outlots A and B - open space, who will own them. 5. Even though Curry Drive is to be dedicated as a public street, the Town of Estes Park would not maintain said street until it is connected to a through street to the north and east. 6. The developer shall engineer and construct all shared driveways (Note #5). mAAÂ©rOROPUBLISHINGCO. RECORD OF PROCEEDINGS , Planning Commission - October 24, 1996 Page 4 7. Driveways for all lots to be designed by an engineer, and said . design be submitted with building permit application. 8. Building envelopes be dimensioned, and a site disturbance limit note be added to final plat. 9. The trail along the west ptoperty line to be placed in an access easement. 10. Approval of the Preliminary Plat does not create a vested property right. Note #2 and Notice of Approval should be removed from the Preliminary Plat. 11. The Certificates of the Town Engineer and Board of Trustees should be removed from the Preliminary Plat. Approval.of Survey Plat should also be removed. 12. Show western utility easement across Bureau property. 13. With Final Plat, submit information on slope stabilization and revegetation. 14. Modify note for Outlot B - "reserved for 3 lots maximum." 15. Verify whether culvert at entrance discharges into a drainage easement. A detention at the southwest corner of the site is needed. 16. The developer to provide an engineered drainage system and a 3 year, $10,000 improvement guarantee for this system. 17. Waterline easement from William Watson. 18. Not more than 12 lots be allowed. 19. Drainage from detention pond to be underground through the P.U.D., if this improves conditions. (RMC will examine both ditch and underground systems.) 20. Outlots B and D shall not be developed until there is an approved through street to the North and East. 21. Add the following note to the Plat: "All drainage facilities to be maintained by the Subdivision property owners." Chairman Sager called a recess at 3:30. The meeting resumed at 3:40 p.m. 2.b. REZONING Lots 1-4. 7-50. 78 - 168. Buenna Vista Terrace Subdivision Lots 1 and 2. Schuster Subdivision. Lots 1 and 2 .Hess Subdivision. Buenna Vista Terrace Subdivision. Property Owners/Applicant. This is a request to rezone Buenna Vista Terrace Subdivision from R-S Residential to E-Estate. Gerald Mayo, 265 Lookout Street, stated the property owners want to preserve the integrity of the neighborhood and don't want the character changed. Odd Lyngholm, 220 Lott Street, believes that approval would change the character and urged denial. Helen Culpepper, 260 Courtney Lane, expressed concerns about allowed business uses. She believes the Comprehensive Plan will address the properties and urged denial. Judy Lamy, owner of 5 lots in this area, and Ralph Guild,, 260 Davis Street, expressed concerns with timing and requested approval. Dick Williams, 141 Courtney Lane, stated he and his wife have the existing Bed and Breakfast and with the proposed Comprehensive 'Plan, they are opposed to the rezoning. Paul BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - October 24, 1996 Page 5 Kochevar, Estes Park Surveyors, stated all lots would be non- conforming if approved and an increase in setbacks could cause future problems which would require variances when residents apply for a building permit. He reviewed the submitted petitions and believes people were misled and submitted a copy of the letter which was sent to property owners. Mary Baurer, 251 Mountain View Lane, expressed her concerns with the proposed change in setbacks. Orie Vae Williams, 141 Courtney Lane, owner of Estes Park Bed and Breakfast, stated that some of the people who signed the petitions have apologized to her and misunderstood what they were signing. She has never been notified by mail of the proposed rezoning and believes 80% in favor may be inaccurate. Those opposed to this request are: John and Carolyn Bible, Bill and Helen Culpepper, Alice Hess, Odd & Diane Lyngholm, Cindy Spalsbury, Dick and Orie Vae Williams. (A copy of the Subdivision Map.is attached to the minutes.) Commissioner Pohl stated the homeowners can control their own destiny by forming a homeowners association and thereby police themselves. He believes the upcoming Comprehensive Plan will address this and the proposed rezoning is an added burden and expense to the town. It was moved and seconded (Pohl/ Gilfillan) denial of Rezoning of Lots 1-4, 7-50, 7B - 16B, Buenna Vista Terrace Subdivision, Lots 1 and 2, Schuster Subdivision, Lots 1 and 2 Hess Subdivision, be recommended to the Board of Trustees, and it passed unanimously. 2.c. SUBDIVISION Amended Plat. Lots 1 and 2. Hess Subdivision. Alice M. Hess/ Applicant. This request is for a boundary adjustment between two existing lots. Applicant's representative, Paul Kochevar, reviewed the proposal and reminded Commissioners of the comments at the September 17, 1996 meeting. He stated the Applicant would comply with Staff recommendations. The wetlands have been identified, however, they are not on the Plat and are not regulated. The sanitation easement will be placed on the Plat. Director Stamey reviewed the staff report. Audience comments were heard from Gerald Mayo, 265 Lookout Street, who stated this proposal would not be allowed under E- Estate and should be denied. Ralph Guild, 260 Davis Street, stated neighbors have said they are opposed to a duplex which may not be built if the lot line remains unchanged and he requested an opportunity to review new information submitted to the Commission. Director Stamey stated there would be no density change with the approval of the boundary change, just a change in positioning of density. Commissioner Thomas stated he had heard no compelling reason to change the boundary line and thus it was moved and seconded (Thomas/A. Hix) denial of Amended Plat, Lots 1 and 2, Hess Subdivision, be recommended to the Board of Trustees, and it passed with the following votes. Those voting "Yes", Commissioners Burgess, Gilfillan, A. Hix, Pohl and Thomas. Those voting "No", Sager. 3.a. ANNEXATION The Elm Road Second Addition. Town of Estes Park/ Applicant. DEVELOPMENT PLAN 96-14 Elm Road Second Addition. Lot 3. Town of Estes Park and A-1 Trash Service/Applicant. The requests are for Annexation of The Elm Road Second Addition and expansion of the existing Transfer Station with related new facilities, office, recycling building, storage and reconstruction of the detention pond. Town Attorney Greg BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS , Planning Commission - October 24, 1996 Page 6 White reviewed the annexation request which is being proposed in conjunction with the development plan. Elm Road Second Addition will be zoned I-1, Restricted Industrial. Spencer and Megan Smith are the owners of the A-1 Trash Service business and have met with the Town. The Town will retain ownership of the site and will enter into a long-term lease agreement with A-1 Trash to construct and operate the expanded facility. The Town will be the reviewing authority and has been in contact with Larimer County. Senior Planner Joseph reviewed the staff report stating ihere is a town boundary error which requires correction. Dave Knecht, owner to the west, has voiced industrial zoning concerns to Mr. Joseph. Two phases are proposed: Phase I will include initial expansion of the recycling service and outside storage and a new garage building to be completed by October 15, 1997. Phase II will include building expansion for indoor storage of porta-johns, construction of a new recycle center building and outdoor truck storage parking area with a completion date of October 15, 1999. Mr. Joseph acknowledged and read a letter from A. Durand Jones, Superintendent of Rocky Mountain National Park. Commissioner Gilfillan questioned the request to waive the requirement to pave all parking and outside storage areas. Paul Kodhevar explained that due to the minimal nature of the traffic, there would not be enough activity to require pavement. In response to Commissioner A. Hix's question on future development, Mr. Joseph responded that future uses are to be developed by agreement. Mr. Joseph recommended that prior to a building permit being issued, construction plans are to be reviewed, erosion control and slope stabilization are to be identified. Audience comments were heard from Judy Lamy who was representing Nancy Chamberlain and Patsy Cravens who own land east of the site. Ms. Cravens intends to build a home on her land in the future. Ms. Lamy expressed concern with screening and potential trash problems. Ike Krasniewicz spoke on behalf of the Cravens family. They are not opposed to the proposal, however, have concerns with debris and , requested a barrier on the east to alleviate the problem. Mr. Krasniewicz brought a bag of trash he had collected earlier in the day. Developer Spencer Smith stated some of the trash collected by Mr. Krasniewicz will be eliminated with approval of this proposal. It was Smith's opinion that a taller fence with a slanted top would solve the blowing debris problem. It was moved and seconded (Burgess/Thomas) approval of the Annexation of The Elm Road Second Addition and I-1 Restricted Industrial Zoning be recommended to the Board of Trustees, and it passed unanimously. It was moved and seconded (A. Hix/Burgess) that Development Plan #96-14 be approved with the following conditions, and it passed with the following votes. Those voting "Yes", Commissioners Sager, Burgess, A. Hix, Pohl, and Thomas. Those voting "No", Commissioner Gilfillan. 1. Appropriate debris containment fencing on east and south side required during Phase I. Effectiveness of this screen to be evaluated following construction and initial use of outdoor storage area. Pine trees may be necessary along east and south fence line to provide additional screening as part of Phase II. 2. Colors of new building surfaces and roof to blend with the natural background colors of the site and be made of non-reflective materials. 3. Paving requirements for outside storage areas are waived. Parking spaces serving the business office will be paved. BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Planning Commission - October 24, 1996 Page 7 4. The existing access off Elm Road to other Town property will be maintained. 5. The following be added to the agreement, "The Developer (A-1 Trash) agrees to accept all offsite upstream flows, and the Developer will maintain and repair all drainage facilities." 6. Prior to issuance of a building permit, construction plans are to be reviewed and erosion control measures be required to protect slopes until new vegetation is established. 4. UNFINISHED BUSINESS 4.a. Amended Plat. Tracts 4 & 5, Beaver Point Second Addition. Garv Mitchell/Applicant. This is a request to realign lot lines. Applicant's representative, Paul Kochevar, reviewed the request stating they would comply with staff recommendations. Senior Planner Joseph reviewed the staff report. There were no audience comments. It was moved and seconded ( Burgess/A. Hix) to recommend approval of Amended Plat, Tracts 4 & 5, Beaver Point Second Addition, to the Board of Trustees, and it passed unanimously. 4.b. Development Plan #96-12. Tracts 4 & 5. Beaver Point Second Addition. Garv Mitchell/ Applicant. This request proposes to redevelop the existing service station. The existing building will be removed and a new building proposed to contain a gas/convenience store, an indoor restaurant with drive thru window, with additional parking to the sides and rear. Applicant's representative, Paul Kochevar, reviewed the proposal and stated the owner does not agree with staff's recommendation for a frontage sidewalk. The owners do not believe parking and the drive-thru waiting line will be a problem. New traffic volumes have been submitted to CDOT. Senior Planner Joseph reviewed the staff report explaining the recommendation for a 8' sidewalk. A discussion followed on the need for a continuous sidewalk with staff emphasizing the importance of sidewalks and this opportunity to set a precedent, while recognizing it will be fragmented at this time. However, in the future the sidewalk will be complete and fully functional. Commissioner Burgess pointed out concerns expressed by A. Durand Jones, Superintendent of Rocky Mountain National Park. Mr. Kochevar stated owners are aware of concerns and are taking them into consideration. Commissioner Thomas concurred with Commissioner Burgess' concerns and was pleased to hear the Park's recommendations would be incorporated. Mr. Kochevar stated the building would have a mansard roof to a pitched roof, facade changed at a certain height with a river rock veneer, colortone glass to be added and architectural features with many angles. Responding to Commissioner Gilfillan's concerns, Mr. Kochevar stated the canopy lights will be shielded including the edge. Mr. Kochevar stated Mr. Mitchell has concerns with the sidewalk request and doesn't feel staff is being consistent and cited examples where sidewalks have not been required. Audience comments were heard from Mary Murphy, Lower Broadview. She stated this business has made many improvements and they have good intentions and she would prefer no walkway which she considers an urban feature. Director Stamey explained the safety concerns with mixing vehicular and pedestrian traffic and the need for separation. It was moved and seconded (Burgess/A. Hix) that Development Plan #96-12 be approved with the following conditions, and it passed unanimously. aRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS , Planning Commission - October 24, 1996 Page 8 1. An 8' wide handicap accessible concrete sidewalk, raised and separated f rom vehicular drives by a 6" curb line, is required along the street line. 2. Sidewalk and curb ramps are required and ADA required ramps must be constructed before a building C.O. will be issued. 3. New asphalt or concrete paving for the drives and parking to be noted on the plan. 4.' The existing access off Highway 36 is to be maintained. 5. Trash enclosure to be on the southwest corner of the site. 6. Old photo building to be removed. 5. SUBDIVISION 5.a. Amended Plat. Portion of Lots 19 and 20. South St. Vrain Addition. Susan Kay Sanford/Applicant. This is a request for a boundary adjustment between two lots. Applicant's representative, Paul Kochevar, reviewed the proposal. In response to Commissioner Thomas' concerns with Highway 7 improvements, Mr. Kochevar explained he was not familiar with the impact of the improvements and stated some of the large blue spruce trees will be removed along the highway and some r-0-w will be needed. The owner is negotiating with CDOT. Zoning will remain multi-family. Mr. Kochevar also stated the Applicants agree with the staff recommendation to prohibit commercial accommodations use on either lot. Senior Planner Joseph reviewed the staff report, stating CDOT does not object to this request provided it does not result in an additional point of access on Highway 7. It was moved and seconded (Thomas/A. Hix) approval of Amended Plat, Portion of Lots 19 and 20, South St. Vrain Addition be recommended to the Board of Trustees with the following conditions, and it passed unanimously.- â€¢ Note restricting access be added to the Plat as per staff recommendation. â€¢ Note on Plat prohibiting commercial accommodations use on both of the new lots. 6. DEVELOPMENT PLAN 6.a. Development Plan #96-13. Lot 2A. Replat of Lots 1 and 2. Block 3, Fall River Estates. Doug and Linda Cook/Applicant. This is a proposal to develop a residence/office for the owner or manager, 9 motel units without full kitchen facilities, 3 motel units with full kitchen facilities. Applicant's representative, Paul Kochevar, reviewed the proposal and stated the Applicant would like an exception to allow gravel for the driveway and parking which may be required per the Code. The proposed sign was inadvertently located in the pedestrian easement and will be relocated; some trees will be removed and new ones planted and handicap parking spaces were clarified. Senior Planner Joseph reviewed the staff report and recognized correspondence from Mack and Audrey Hunt, neighboring land owners. They are not opposed to development, but they expressed concerns regarding the unnecessary removal of trees. It was moved and seconded (Gilfillan/A. Hix) that Development Plan #96-13 be approved with the following conditions, and it passed unanimously. 1. A note identifying the access drive and parking surface as asphalt to be added to the plan. BRADFORDPUBLISHING Co. RECORD OF PROCEEDINGS Planning Commission - October 24, 1996 Page 9 2. A paving schedule to be provided. 3. The Office to be accessible from the parking with curb ramps provided and stairs avoided in conformance with ADA requirements. 4. CDOT access permit must be obtained prior to the first building permit. 5. A note to be placed on the plan stating the bridge is privately owned and maintained. 6. New easement for related sanitary sewer line to be shown on the plan. A four foot separation between electric and gas to be maintained. 7. Sign to be.relocated out the pedestrian/bike easement. 8. Dumpster to be shown on plan. 7. REPORTS Chairman Sager reminded everyone of the Open House on October 29, 1996 where updated information will be given on the Comprehensive Plan. There being no further business, Chairman Sager adjourned the meeting at 6:10 p.m. 1.4Â£a,Uu-, CA tdc,tÂ£0 Roxanne S. Botlc, Recording Secretary ..' .LOf. 50 i:. . i 46 : 4 1.. 45:. jf> I-:, ~, Â·<' Ra0,44(4.44 AT . :/Â·t' -/ Aolp ./~WRI bteR,.4283,~ . H'. /9:,dit. 7. I '11.5+0- '*X e ? 1,430;494 , Vt 1- Aje.D 1 .t.-9,js~t,ji 3: 49. 1 â€¢01, WE~ I .641 -01484 ... --- *~ '340*F I . t, .. 18 : ' , 3<35' i... , : JLS,frce ... â‚¬ e , .. s3O-25â€¢ i ' .'' VAÂ·, 103:br 2 A ...18.67 , A t.{3 ~..f j: 43,-2zo. 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WESm*lxÂ«21;18~ff,{fI -.. . 9 4*41141 ..t:â€¢ ;~i~Â· ~k'L:,943,0.Â· ~ ~ .. .. t A I - JAD :.B 4Â·01 1- 2-2 D;ca- - 3-e..,7 % W 4. 3 ~16,- -1 21 j U 6111, ..!~ '22 5 41 i t::1 2 4-xer .Jil/ili-FÂ«EZ 1 ' Â· â€¢ 99 74 -' 4 36 3, - A Â·JoÂ«, ziâ€¢e,(7 =t;28:402.0 ':::.2.13 SM,~Â·-E ,/,65**~i 40 -G.zoi,R--7 i<'-6,(ec:~6 jlt.,i"G~.~Z le,,454>/yÂ· W*i.1;r 5~4b*Ud,~~~444~ 1-Â·,'4.#I .1: 4212Â£E Â· 1-Â·1~i'~1 /4 *l. 35' T K.?< ' .., 3; r-' '15 : - 22 -0 ttle Atcm, s . Â£ 0 j:.Sa60 - â€ž ..Jo-â€¢- b'q.:4 i I 0.. . d ..... . 0 U -, . 16 8 / - cal /4. 0,4 -08 4 <4 +*01:i i ,. fitt -Â· F %15 4.99 C - 1 . 11. 7, i v .0 01~24- 9042.-' 4 .AARAÂ· aLL---- r 4. 31 *1â‚¬2-1:-9 Â» r.. / 17 .041. ;, --al- ...9. %.. â€¢ 57392 Ex Â· ... 1... .1 .- 577â€¢0<g . t . neSÂ£42 CENTef: LIM# OF PORTION '53.. 2'2~"~' 816y:::3~ ;,3. ,.C,C. I':: f;O-Te UNE AEP,~EÂ¢EMIS H. '*~'.0 -4. -Â«#G# Â·h. 0, rop.â€¢ER sTREET V.CrrED,1Â¥i.THI~ PLAT. 9 -44*.4.A./ge. 7 * .0 ;-7 ..t - 6.-ttlit 2-2..:- 0':- :.413 4 Â· G r ,4- li r.fflfoe':} .tf, !b %:f~ Â·f 125 Â· .~g, ti;Â·~ .tj..~"iÂ·9~4 6+Z:'le. 5Â«SAA'I-:6,4.t{- C - , .a Al 79 , (:2 . Jok~. v . d r55[ 21-1 V I . .62=:,1,y . r+ Â· b , . 8 t , -.- i 83.44 '14Â· **r- de/E+Fi:ll&~f'~ . - 2~ 1 :I: Â·I Z > i - <1 .4 . 7. 42 2'.2 Â¢9:5- i : ,) 17Â£2â€¢ pr'Â·Â·:Â· -t 1 3.-f:**11 ... 7/.t....., 2 . 4 0 . ins . 1101.,..'. ~~ ="wrer ... . 223* TOWN BOARD MEET]NG NOVEMBER 12, 1996 ACTION_ ITEM #1. THERE IS NO PACKET MATERIAL FOR THE COMPREHENSIVE PLAN AS STAFF IS SEEKING REFERRAL MOTIONS TO EACH RESPECTIVE PLANNING COMM[SSION. 1 -OFORD PU~LIS~ING COÂ· RECORD OF PROCEEDINGS Public Works Committee October 24, 1996 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Construction and Public Facilities Manager Sievers, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. SUNRISE_LANE RIGHT-OF-WAY VACATION - REOUEST BY PARK EN7RANCE STATES PROPERTY OWNERS ASSOCIATION Di ctor Linnane reported that Park Entrance Estates Prope Owne Association has requested that the public right-of-way ong Lots 21, and 26 be vacated to the owners of the lots: Carl Burgene Lot 26; Ed Dragon, Lot 21; and David Kneght, ot 16. Staff rep ed that this area is not conducive to a fut roadway, and the vac ion would transfer all liability to the wners. Ed Dragon verifi that the vacated property would b considered a private drive private property. The three a ected property owners agree wit this vacation. Attorney W e reviewed the request and outlin the title split: * Lot 26: The nort portion of Sunri Lane abutting Lot 26. * Lot 21: The portion Sunrise from the northeast corner of Lot 21 south to north int of Lot 16, then the abutting 1/2 of Sunrise e fr said point to its confluence with Meadow Circle. * Lot 16: 1/2 of the abutt ion of Sunrise Lane from the north point of Lot 16 t its c ' luence with Sunrise Lane. The agreement will inclu a utility a access easement. and the deed will be reviewed y all parties ior to signing. The Committee recommends Ordinance be prepa for this vacation as presented. CAUSEWAY TRAIL REOUEST TO BID Director Li ane explained that 1997 Enhancement nds totaling $146,000 w' 1 be used for the Causeway Trail constru ion, and an addition $35,000 from 1996 funds may be available. agreement will b repared upon verification of the total avail le funds. To fa litate the project schedule (winter start-up wi spring cons uction), Director Linnane requested permission to b after fu ing determination. The Committee recommends approval f the seway Trail bid process after total funding verification- HIGH DA. HEIGHTS WATER MAIN PROJECT - REQUEST TO AWARD_CONTRACT J.A. Director Linnane explained that Kearney & Sons bid the 80 water main extension at $79,437, 6% below the 1994 and 1995 water looping projects unit prices. Proposed completion is June 1, 1997Â· The Committee recommends approval of this contract to Kearney & Sons Excavating in the amount of $79.437.00. -;!Rg11666=~"T*O~M~ PROJECT - REQUEST TO AWARD BID Manager Sievers ex~~ignal."ell8ffli~gement of phase 5A of the Prospect Mojd,6/~1/1"1"<Jiater Management Master plan was contracteiâ€ž1~ailembuntain cons,iremle~ September 10 Town_Â§2,@~. Their bid results follow: -0*%- ROCKY MOUNTAINCONSULTANTS, INC. gmc Â· 437 South St. Vrain October 10, 1996 Estes Park, CO 80517 (970) 586-2458 Metro (303) 825-8233 Fax (970) 586-2459 Bill Linnane Town of Estes Park Public Works Director P.O. Box 1200 Estes Park, CO 80517 RE: Bluebell 8" Water Main Extension Dear Bill: Please find enclosed the bid tabulation from Kearney and Sons Excavating for the Bluebell 8" Water Main Extension. Kearney and Sons bid has been compared to the lowest item bid prices form all the bidding contractor for the 1995 and 1996 Water Looping Projects. The results are as follows: Company Bid 1) Kearney & Sons Excavating $79,437 2) *Lowest Bid prices from the $84,519 1995 & 1996 Water Looping Projects Unit price extension for the bidder has been verified. Kearney and Sons Excavating has completed previous Town water lines for private clients with all work being to Town standards. Kearney's bid total is 6 % below the lowest unit prices from the two previous years. Kearney & Sons can have the project completed by June 1, 1997. Should the Town wish to have the project completed sooner, the water lines can be rebid. It is estimated that if rebid the cost would be between 10 % and 20 % greater. If you have any questions, please do not hesitate to contact us. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. 7416Â£1442, Michael S. Todd Project Manager MST/mas *Unit prices taken from BT Construction, Kitchen & Company and Ricor, Inc. CIVIL AND ENVIRONMENTAL ENGINEERING â€¢ PLANNING 3-1 â€¢â€¢80.0.0 .U.W..,.. CO. RECORD OF PROCEEDINGS -- I -- Public Works Committee October 24, 1996 Committee: Chairman Doylen. Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake. Public Works Director Linnane, Construction and Public Facilities Manager Sievers, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. FIRST_ST. STORM SEWER PROJECT - REOUEST TO AWARD _BID Ch â€¢ N . Manager Sievers explained that design and construction management of Phase SA of the Prospect Mountain Storm Water Management Master Plan was contracted to Rocky Mountain Consultants at the September 10 Town Board meeting. Their bid results follow: R & D Pipeline, Lakewood $177,194.00 WYCON, Broomfield $149,866.00 Aquatic & Wetlands, Ft. Lupton $140,815.00 G.L. Hoff, Loveland $138,226.75 Connell Resources, Ft. Collins $124,487.00 Manager Sievers explained that construction will begin near the Chinese Restaurant, go north along First Street, then east along the highway to Third St. The size of the reinforced concrete pipe will vary from. 24" to 36". This project will eliminate the existing water problem in front of Ace Hardware. The 1996 budget contains $113,000 for this project with excess funds transferred from other Public Works Department projects. The Cammittee recommends approval of the bid, $124,487.00, from Connell Resources for Phase SA of the Prospect Mountain Storm Water Management Master Plan construction. 11 SECTION 00520 AGREEMENT STATE OF COLORADO ) )SS. COUNTYOF ) THIS AGREEMENT AND FORMAL CONTRACT, made and entered into this day of , 19- by and between The Town of Estes Park ,party of the first part, hereinafter called the "OWNER", and Connell Resources, Inc. a , (Individual, Partnership, or Corporation) of the City of Fort Collins , County of Larimer , State of Colorado , herebiaher called the "CONTRACTOR"party of the second part, WITNESSETH, that whereas the OWNER intends to construct The Prospect Mountain Storm Sewer Phase 5A hereinafter called the Work, in accordance with the Drawings, Specifications, and other Contract Documents prepared by ROCKY MOUNTAIN CONSULTANTS, INC. NOW, THEREFORE, the OWNER and CONTRACTOR for the considerations hereinafter set forth, agree as follows: 1. The CONTRACTOR agrees to furnish all the necessary labor, materials, equipment, tools and services necessary to perform and complete in a workmanlike manner all work required for the construction of the Work, in strict compliance with the Contract Documents herein mentioned, which are hereby made a part of the Agreement, including the following Addenda: Addendum No. Date 1 10/17/96 2 10/18/96 3 10/18/96 a) Contract Time: The CONTRACTOR agrees to commence work under this Contract in accordance with the written Notice to Proceed. and to finally complete the Work within 30 calender days of the commencement of the Contract Time as defined in the General Conditions of the Contract. b) Sub-Contractors: The CONTRACTOR agrees to bind every sub-contractor by the terms of the Contract Documents. The Contract Documents shall not be construed as creating any contractual relation between the Sub-Contractor and the OWNER. 2. The OWNER aorees to pay, and the CONTRACTOR agrees to accept, in full payment for the performance of this Agreement, and in accordance with Section 00300 of the Contract Documents, the Contract Amount of: One Hundred Twenty Four Thousand Four Hundred Eiohtv Seven and 00/100 Dollars ($ 124,487.00 ), plus any and all sums to be added and/or deducted resulting from all extra andlor omitted work in connection therewith, as authorized under the terms as stated in the General and Supplementary Conditions, all in accordance with the terms as stated in the Contract Documents. a) Progress Payments will be made in accordance with the General and Supplementary Conditions of the Contract Documents. b) Progress Payments will be in the amount equal to ninety percent (90%) of the calculated value of the Work completed until fifty percent (50%) of the work required by the Contract Documents has been completed. At such time, OWNER shall have 11/93 Section 00520 - Page 1 of 4 retained funds to five percent (596) of the total Contract Amount. The amount retained as provided above will be withheld by the OWNER until completion of the Agreement to ensure faithful completion of the Work under the terms of the Contract Documents. c) Upon completion and acceptance of the Work in accordance with the Contract Documents, OWNER shall pay the remainder of the Contract Amount after publication by the OWNER in accordance with Colorado statutory requirements. 3. Contract Documents It is hereby mutually agreed that the following list of instruments, plans, specifications, and documents which are attached hereto, bound herewith or incorporated herein by reference shall constitute the Contract Documents, all of which are made a part hereof, and collectively evidenced and constitute the Agreement between the parties hereto, and they are fully a part of the Agreement as if they were set out verbatim and in full herein, and are designated as follows: a) Instructions to Bidders b} Bid Proposal c) Bid Bond d) Notice of Award e) Agreement f) Performance and Payment Bonds 0) Certificates of Insurance, Policy Endorsement h) Notice to Proceed 1) General Conditions i) , Supplementary Conditions k) Technical Specifications 1) Drawings m) Addenda 4. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that the OWNER will suffer financial loss if the Work is not complete within the time specified in paragraph 1.a) above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by- OWNER if the Work is not complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $ for each calendar day that expires after the time specified in paragraph 1.a) for final completion until the Work is finally complete. 5. Contractor Representations In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: a) CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. b) CONTRACTOR has studied carefully the Contract Documents and all other items otherwise affecting cost, progress or performance of the Work which were relied upon by the Engineer in the preparation of the Contract Drawings and Specifications and which have been identified in the Supplementary Conditions as a part of the Contract Documents. c) CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 5.b) as he deems necessary for the performance of the Work at the Contract Amount, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. Section 00520 - Page 2 of 4 11/93 d) CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. e) CONTRACTOR has given Engineer written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to CONTRACTOR. 6. Miscellaneous a) Terms used in this Formal Contract which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. b) No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that mav become due and moneys that are due may not be assigned without such consent (except to the extent that the eHect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment. no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. c) OWNER and CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. d) No mechanic, contractor, sub-contractor, materialman or other person can or will contract for or in any manner have or acquire any lien upon the Work covered by this Agreement, or the land upon which the same is situated. e) The amount of money appropriated by the contracting public entity, for public works projects, is equal to or in excess of the Contract Amount. f) The Agreement prohibits the issuance of any written Modification or other form of order or directive by the Owner requiring additional commensurate Work to be performed, which Work causes the aggregate amount payable under the Agreement to exceed the Contract Amount appropriated for the original Agreement, unless the Contractor is given written assurance by the Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under remedy-granting provisions in the Agreement. 11/93 Section 00520 - Page 3 of 4 SIGNATURES: OWNER: DATE: BY: TITLE: ATTEST: , , TITLE: Address for giving notices: CONTRACTOR: Connell Resources, Inc. DATE: C~Ob.NkÂ».1.-se \\ BY: CK>#Ar TITLE: Vice-President TITLE: Witness -3 - 9 - Address for giving notices: 4305 East Harmony Road Fort Collins, CO 80525 Section 00520 - Page 4 of 4 11/93 ~MA[>FORD PU~LISMING CO. RECORD OF PROCEEDINGS Cuiumuully D=vclup...gul Cw..,..iLL== .-- November 7, 1996 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: All Also Attending: Administrator Klaphake, Directors Hinze, Kilsdonk, and Stamey, Advertising Manager Marsh, Conference Center Director Pickering, and Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:02 a.m. COMMUNITY DEVELOPMENT Advertising Report. Advertising Manager Marsh reported that information requests continue to show a decline of 7% from last year. Articles regarding Rocky Mountain National Park and Colorado tourism appeared in the St. Louis Post Dispatch and the Rocky Mountain News. The Virtual Visitors Guide has had 33,533 initial accesses since January 1, with 47% of the users having visited Estes Park previously. Director Marsh reported that changes in Postal Service regulations require automation for fulfillment . services. Five RFP's were distributed and two proposals were received from Eagle Direct in Denver and First Class Direct in Fort collins. Trustee Barker verified that the Chamber was included. in -- this process, but is unable to provide the services necessary. First Class Direct presented the lowest per piece bid, which included set UP charges and service charges for mailing, administration, reporting (including demographic studies), and warehousing. The Chamber will continue to handle the phone calls and enter information into a data base, which will be transferred to First Direct by floppy disc. When requests do not meet quantity demand, First Direct will mail the information first class in order to provide a three-day response time. The Committee recommends approval of the First Class Direct fulfillment services proposal starting in 1997, pending review by Attorney White. ference Center Report: Conference Center Director Pi ring rev ed the computer-generated forms which provide ference inform ' on from booking to final revenue/expenditure res which help fo te the Marketing Fund. These forms clude: Group Lead, Room ck Confirmation, Hotel Pickup rt, and Summary Report. Direct Pickering reviewed several rvey forms returned by conference re sentatives, and all ere pleased with the service and faciliti Mayor Dekker written letters to each Holiday Inn staff me commendin them for their consistent excellent service to the munit nd the conference attendees. MUSEUM Director Kilsdonk anno ed the upcomin oliday exhibit, "The Joy of Toys", will be on splay starting Nove r 29. The Museum will be closed January -March 31 for renovatio Upcoming programs include Anna Wol om and the Wigwam Tea Room, To of Old Town Fort Collinsâ€ž Hist Camp Open House, and the annu Holiday Open House. / The Center will hold a joint fundraiser w the Museum on Nodemb 23 at the Stanley Hotel. Friends of the eum will assume responsibility of the Museum gift shop oper 'on in 1997. e Institute of Museum Services has selected a porti Of the seum's general operating support grant application to dis ibuted to small museums nationwide during the next funding c e. Year-to-date attendance is 10,469, compared to 7,000 last ar. Â· Â· 4 I ./ . >ary (Off/ 1409 E. Olive Ct., Unit E â€¢ Fort Collins.Â·Colorado 80524 â€¢ (970) 224-5066 Preliminary Proposal and Agreement Presented to Town of Estes Park ~ for 4 2% 4- 1 K. I ; r Fulfillmeut Services~i, < â‚¬ d , i t# --1 P nu p R1 -K 4 , t, 444 MAI by First Class Direct, Incorporated 1409 E. Olive Court, #E Fort Collins, CO 80524 1-800-745-5066 FAX: 970-224-5099 September 30, 1996 110 J Capabilities and Credentials Company History First Class Direct, Inc. commenced business in April of 1987 as a first class presort service , .1 bureau, First Class Mailing Service. Within six months we expanded our' services to include mailing list acquisition, direct mail creative, and mail preparation, and began adding mail. production equipment and database/data processing services. In January of 1993 we took our first fulfillment job for Hewlett Packard Company. That year we also assumed the Vipont Pharmaceutical fulfillment account. Also, in 1993, we incorporated and selected our current name. We occupy our own buildings, with a total of 15,500+ square feet available and employ 32 full and 3 part-time employees. For the past three years we handled fulfillment for Earth's Best Baby Food until their purchase by Heing Inc., an account that generated 20,000+ requests per month. Personnel The company stock is owned by Daniel and Patty Taylor, Patty serving as president of the ~ corporation. Patty will be available to address any of your interests or concerns at your convenience. 1 The strongest asset of our company is undoubtedly our dedicated staff. Vannah Martin Customer Service Director ~ Vannah will be assigned as your Customer Service Rep. She coordinates set up and on-going management of your account. i 1 Don Daniel Chief Operations Officer Keven Gallagher - Data Processing Specialist Keven is prepared to answer any questions you may have about general data processing of your client base. Equipment Software First Class Direct, Inc. uses primarily two software programs for mailings. One is a Group I product Arclist and the other is Postal Soft. Both are CASS/PAVE certified softwares that do postal sorts and have some reporting capabilities. We maintain files as large as 800,000 records in ' Arclist. Both are well adapted to large mailing projects. Hard,vare First Class Direct, Inc. operates on a Novell network server with ample capacity for manipulating large databases. Currently our system supports 18 work stations. 3 . . Security The mirrored hard drive ensures against loss ofdata, and an automatic DAT backup system , i provides additional security. Backups are stored off-site. Access is limited to authorized personnel ; only. Data Transfer . - 1 Data transfer is accommodated by 9 track reel, both size diskettes, and modem transfer. We are currently exploring the internet as an additional data tranifer mdthod. We prefer ASCII format, comma delimited or fixed field, for data importation. letter Shop Equipment I , Our letter shop is well equipped. We operate 2 six station inserters, one Pitney Bowes and one Phillipsburg, Ches-hire and Kirk-Rudy paper labelers, and a Video Jet 4000 ink jet system. Other equipment includes a Rena direct image addresser, folder, pressure sensitive labeler, tabbing equipment, strapping equipment, and a number ofscales and postal meters. Facilities First Class Direct, Inc. occupies two buildings located at 1409 E. Olive Court, Fort Collins, CO. 1 Our operational space covers 11,000 square feet, with an option for an additional 3500 square feet i from current tenants on month-to-month lease. Approximately 5000 square feet comprise racked, temperature-controlled warehouse space, the remainder dedicated to production and office space. Professional Memberships and Recognition First Class Direct, Inc. holds active membership in the Mail Advertising Services Association and : committee membership in MASA's Fulfillment Council. We were recognized at MASA's 75th Annual Conference in June 1995, with a First Place Chairman's Award for a direct mail promotion entered in the "self-promotion" category. In 1996 we repeated this feat, garnering the Chairman's Award for self-promotion for our "picnic" mailing. Patty Taylor has served on the Northern Colorado Postal Customer Council Board for eight years, holding the industry co-chairmanship ofthe board for two years. In addition, Patty is a founding member and past president ofthe Front Range Direct Marketing Association, and has served as president ofthe Marketing, Advertising, and Communications i Association. First Class Direct's work took,awards in the local MAC competition in both 1993 and 1994. L Patty takes an active role in direct marketing education including teaching non-credit, continuing education courses for Colorado State University and speaking for both local and national organizations on topics ofdirect mail and fulfillme'nt. d 1 - 1 11 i 4. Standard Operating Procedures According to your request for proposal, it seemed to me that the work you require falls into three major categories: 1. Standard or first class mailings every three days, determined by quantity or urgency. 2. Quantity mailings using UPS or similar carrier. 3. Reports (includes warehousing) In order to do this bid we had to make some assumptions. I have clarified some of these with you and some are further assumptions I made after our phone conversation, so ifany ofthis is incorrect, please let me know. â€¢ We will assume all addresses will come to us via 3 1/2" computer disk in ASCII format, comma delimited or fixed field. â€¢ We will routinely do merge-purge/duplicate elimination. â€¢ We will routinely match new disks against our national database to verify/standardize addresses. Those which cannot be verified will be downloaded to a disk and returned to you so you can deter,Wine whether a good address can be obtained. This process does not include moves or changes of address. â€¢ Routine mailings will be done every three working days. â€¢ Billing will be done by the 7th of each month or 5th working day. â€¢ You will use our bulk permit so that mailing can be dropped in Ft. Collins. â€¢ We will agree on a postage.deposit in our account so that we will avoid a negative balance for postage. â€¢ We will use best method ofaddressing based on volume. , â€¢ Foreign mail will be inserted into poly bags or appropriate envelopes provided by Town of ; Estes Park. â€¢ Mailings will be presented for automation discounts when possible. â€¢ Inventory will be stored in our warehouse on standard size pallets. 2 Production services First Class Direct's production capabilities include a standard shift of production employees familiar with postal procedures. Additional shifts are available with 30 days' notice. Warehousing and Inventory Control / Accurate inventory begins with accurate receiving. The Town of Estes Park must determine the i level of accuraâ‚¬ with which they feel comfortable. First Class Direct's counting scale Is relatively accurate, but may vary by a few items per 1000, depending on the media being weighed and counted. Materials should be delivered on standard, 4-way, sturdy pallets. Standard warehousing fees are $15/palle/month. A pallet is considered to be a 40"x48"x48" racked space. i! - 4 tÂ· I .1 5 Costing Set-Up Fees ' Standard set up fees range from $1000 to $5000 (depending on complexity) and cover computer set up, facility set up, receiving and stocking initial inventory, and training all personnel in the details of managing and producing the account. Production and Administrative Fees n Our quotations are based on a combination of piece rates, hourly rates and material costs. Production is billed on a piece rate basis (as detailed in the quotation/agreement), and computer and administrati*e functions are billed at an hourly rate of $35/hour. Supervisory time involved in production is included in piece rates. Research, meetings, planning, phone time, ongoing receiving and inventory operations, and other administrative tasks will be billed on hourly rates. Any extraordinary requests or different programs will be quoted upon receipt ofjob specifications. Please allow at least two working days to prepare a job quote on complicated projects. Renegotiation If the quantities or operational requirements change, First Class Direct may renegotiate this agreement. This bid will be reviewed every 30 days, and in the event that this review provesmiscalculations in cost, First Class Direct, Inc. reserves the right to petition for a change in fees. Custom Quote/Agreement Terms Prices in the quotation are good for 60 days. Ifthe decision process proceeds beyond that, prices may be extended at the discretion ofFirst Class Direct, on request ofTown ofEstes Park. Minimum 30 Day Charges Minimum monthly charges will be assessed regardless of actual quantities of orders. These charges reflect overhead including: management salaries, labor wages, facilities, and equipment reserved for the anticipated number of orders. The minimum charges are based on handling no less than 1/3 of your anticipated orders/month at peak periods and will be assessed in three areas: assembly/shipping, account administration, and warehouse space. Terms/invoicing Invoices will be generated for each mailing and will be presented to the Town of Estes Park by the Sth working day of the following month for payment, due and payable no earlier than the 30th of the month, but we request no later than 10 days after that. The invoices will contain both our service charges and postage. We request a postage deposit of 2 months' estimated costs before commencing work. Postage (all carriers) is required before materials will be shipped or mailed. Your customer service representative will keep you informed ofthe status of your postage account between monthly reports. An account becomes delinquent at 30 days after due date and 1.5 % interest per month accrues starting from the due datd at day 31. Should the services of a collection agency or an attorney be 6 ' / required for collections, expenses for these services fall on the delinquent client, and orders may be held until the account is returned to current status. Terminating the Agreement 30 01 Either First Class Direct or Town ofEstes Park may terminate0this agreement with;HEdays written j 1. notice. Written notice may be by FAX, and is deemed delivered when transmitted. If Town of Estes Park terminates the agreement, then Town of Estes Park will be held accountable for,all 1 minimum charges for this 60 day period, whether or not services are rendered during that period. . I e 1. 7 . I. Services Agreement for Town of Estes Park , L Worknow Assumptions j Job Origination 1. Every three days files received from various sources will be combined and merge/purged to create the mailing list for that mailing. 2. Ifthere are enough records, an automation-compatible mailing ofthe booklet will be done. 3. If there are not enough records, a first class mailing will be done. A first class mailing will also be done in the event special requests are made. 4. When there are requests for quantity shipping, those requests will be filled using UPS or similar carrier. i 4 -* Reporting Reports will be prepared monthly. Standard reports arc based on the samples you provided and will include: ' â€¢ ' Monthly and YTD mailing summary â€¢ Mdnthly and YTD bulk mailing summary â€¢ Monthly and YTD foreign and first class mailing summary â€¢ Quantity UPS shipping monthly detail and YTD â€¢ Quantity USPS shipping monthly detail and YTD â€¢ Monthly and Y-ID quantity special freight line shipping summary â€¢ Monthly mailing activities by magazine, including YTD - â€¢ Monthly total mailing activities ofmagazines, including YTD â€¢ Inventory report II. Responsibilities A. Town of Estes Park will be responsible for the following activities concerning the ' completion ofthe work stated above. 1. Have products shipped to First Class Direct, Inc. from the supplier. . 2. Notify First Class Direct, Inc. of shipments and estimated number of pallet spaces required well in advance ofarrival. 3. Designate a person within Town of Estes Park to act as coordinator and problem-solver for this program and inform your First Class Direct CSR of the name, work hours, and phone number of the coordinator. B. First Class Direct, Inc. will be responsible for the following activities concerning execution ofthe program discussed above: 1. Provide personnel, systems, facilities and equipment required to execute the program. 2. Assign Customer Service Representative to coordinate all activities between First Class Direct, Inc. and Town of Estes Park III. Pricing and Terms Estimated pricing is detailed in this agreement under "Customized Quote/Agreement." Terms are described under the "Standard Operating Procedures" section ofthis document. 4 I 8 L. Customized Quotation/Agreement First Class Direct, Incorporated understands that the services to be performed for Town of Estes Park will include the following for setting up operations, service charges for mailing, administration, reporting, and warehousing for fulfillment of requests for the Estes Park guide booklet. Initial set-ups . Process Bid Database set-up $250.00 Initial reports set-up , 250.00 Receive and check in initial inventory 50.00 Each routine mailing every three days for standard mail: i Process Bid Download disks and prepare postal report $35.00 Merge/purge/dedupe/assign delivery point barcode 11/M Video Jet set-up 25.00 Printing addresses on magazines 21/M Mail prep and deliver to post office in Ft. Collins 19/M Estimated postage: the sample I have weighs 3.7 oz, so automated, standard rates are .294 ea and non-auto are .323. Ifthe 1997 version is a different weight than this sample, the rates will vary accordingly in increments of.1 oz. : First class mailings: since this process will be used for quantities under 200, a different addressing protocol will be used. Process Bid Merge/purge new records $11/M Print pressure-sensitive address labels 27/M Apply labels 33/M Meter strip over indicia 28/M Insert/seal/poly bag (foreign mail) ' .15 ea Estimated (domestic) first class postage: for 3.7 ozis $1.01 We will bill $35 minimum on any mailing where our service charges do not total at least $35. Based on your 1996 activity as noted in the materials you provided, we believe this account will always meet the minimum, so this would probably not ever be an issue. 9 . Quantity mailings: Process . Bid Keying/download into database, print/apply label, manifest/prep for $5/box or $35 min. UPS order Reports: Distribution reports per magazine and total distribution report $15 Mailing summary, including YTD $15 Bulk mailing summary, including VID ' ' $35 Foreign and first class mailing summary, including YTD ,$35 Quantity UPS Shipping report, including YTD $35 Quantity USPS, including YTD , $35 Quantity special freight shipping, including YTD $35 Inventory report $10 Warehousing/administration: Per pallet, per month charge $15.00 Administration (min. 5 hr/month) Â· $35.00/hr . 10 . - 0%â€¢#*eâ€¢,m,â€¢ite,Â·pÂ»Â·,Â»t,: 1 I Services Agreement for Town of Estes Park I agree that I have thoroughly read and understood the terms, prices.and conditions detailed in this Customized Quote/Agreement, and hereby authorize First Class Direct, Incorporated to execute the tasks and responsibilities detailed herein. , I deem the span of this agreement to cover one year (12 months) from the date ofthe arrival of k shippable products at the premises of First Class Direct, Inc. I understand that any responsibilities requested ofFirst Class Direct, Inc. not specified in this agreement will be estimated and priced individually and that the prices may differ from those in this agreement. I L On behalf ofTown of Estes Park and as its authorized agent, I hereby agree to the terms in full as stated in this document. Thc signature below authorizes the initiation of work by First Class Direct, Inc. for Town of Estes Park. , First Class Direct shall be liable only td the extent of remailing a correction as soon as possible to rectify an error, and allowable damages shall be limited to the value ofthe work performed. In no case is First Class Direct, Inc. liable for loss ofbusiness or implied damages. Name Date Title On behalf of First Class Direct, Inc. I hereby agree to the contract as stated above. The signature Â· below authorizes the initiation ofwork by First Class Direct, Inc. for Town of Estes Park Name Date , . , Title ' , t Â· 11 1 Confidentiality Agreement First Class Direct, Inc. understands and agrees that all the names and addresses furnished to us, whether as orders, labels, disk or magnetic media: Will be used only for the program for which the list was supplied; Will not be copied, reused, sold, or used by anyone other than ourselves; j 1, r Will not be used for telephone solicitation,unleÂ»approved-brthc-hstuw[!Cr~, -,4U We additionally guarantee only one set of names will be printed, either as mailing labels or ink jet file, and that no electronic or printed copy will be retained, unless specified by Town of Estes Park. All products, materials, and information pertaining to their marketing will remain confidential and will not be used for anything other than filling orders for Town of Estes Park. Upon termination of this agreement, all materials and information will be returned to Town of Estes Park or destroyed as prescribed by Town of Estes Park. First Class Direct, Inc. agrees not to knowingly divulge any information to competitors, or potential competitors, that would jeopardize the competitive position ofTown of Estes Park. Town of Estes Park agrees not to hold First Class Direct, Inc. liable for any information fraudulently obtained by cpmpetitors from First Class Direct, Inc. Signatures , Town of Estes Park First Class Direct, Inc. . Name Name Title , Title Date Date 12 1 BIAOFORO /UIL#IMING CO. RECORD OF PROCEEDINGS Community Development Committee, November 7. 1996 - Page 2 SPECIAL EVENTS Renewal of Existing 3-Year Agreement with Powder River Productions (stock contractor) : Director Hinze explained this is the third year of this 3-year agreement for the Rooftop Rodeo. The Committee approved the renewal of the Powder River Productions Agreement as presented. valuation of the Summer Downtown Entertainient Permit: Director 'nze reported favorable comments regarding the entertainment i t downtown area parks over the summer. Dick Orleans report tha he established an entertainment sublicense for e h ente ainer to sign which outlined the rules and regulations nd inclu d a $20.00 fee. Mr. Orleans bookedseveral performe and hopes continue the program in 1997. He requeste that additio 1 signs be made which state the performance is ported by the To , so that each performer may have one. Chai n Doylen commended . Orleans for his efforts in this successf program. The Committ recommends this program be continued 997. Event Evaluat ns: The Copper Penny Hunter-Jum r Show was a first-time eve in Estes Park.and is scheduled t return in 1997. The Silver DO r Hunter-Jumper Show and sternaires both increased partici tion and attendance. The nter-Jumper Shows are scheduled to urn in 1997. The Labo ay Arts and Crafts Show and the Fine Ar Guild each demonstrat improved quality and increased attendance. The Longs Peak Sco ish Fest attracted the largest crowd to date. Autumn Gold is creasing each year in popularity. Partici ts in the Surprise Sale reported inconsistent results rega ing sales. Christmas Parade: Activiti begi at noon on November 29 with hayrides, pony rides, Santa US isits, animal characters, and singing groups. The parade be ' at 5:30 p.m., and includes 44 entrants. Trustee Doylen co ended Town staff, the Police Department, Eagle Rock Scho , and many other groups and individuals who provide volunt r s ices for the success of this major event. Weekly Summer Rodeo Progr Proposal: rman Doylen announced that the Vold Rodeo Compan has approache the Town with a proposal to provide 25 rodeos in stes Park durin e summer starting in 1997. The Proposal is r three consecuti years, with an option to renew. The Vold Ro o Company has staged ~ national rodeos, including Cheyenne Fr tier Days, and is a fami -run organization. Director Hinze r iewed the proposal, ighlighting the responsibilities of each party. The rodeos w d be called the Estes Park Night R eo series, and would not be a art of any major association. Tic t income will be split; 80% to old and 20% to the Town. Vol will not solicit local support without prior Fairgrounds and ooftop Rodeo Committee approval. 'rector Hinze has been in c tact with Estes Park horse shows r arding this proposal to scuss their concerns and conflicts. on Savage, representati of the Colorado Arabian Horse Club an unced the Club's 50th niversary in 1998 which will draw many p ticipants and expres d the following concerns: security, time li 'tations, parking, cility strain, food concession capabilities, weather conditio , and the ability of dual shows to interact pos ively. Eleanor unn expressed concern regarding weather del s and schedu ng. Powder River Productions expressed appre nsion regar ng available pasture and feed. Rooftop President Jo dams repor d that the Rooftop Rodeo Committee members support the prop al, adding that any concerns had been addressed. Les Foi s, rep sentative for the Lions Club, was in attendance regarding e ne s of the food concession stand. Debbie Holgerson, Sta W tern, agrees that Estes Park needs evening entertainment, an t is rodeo proposal would help address that need, but that th rse shows not be excluded. The Committee members agreed that the . BIADFORD /UIL,IMINGCO. RECORD OF PROCEEDINGS . Community Development Committee, November 7, 1996 - Page 2 3.6, that the Vold Rodeo Company has approached the Town with a proposal Weekly Summer Rodeo Program Proposal: Chairman Doylen announced to provide 25 rodeos in Estes Park during the summer starting in 1997. The Proposal is for three consecutive years, with an option to renew. The Vold Rodeo Company has staged many national rodeos, including Cheyenne Frontier Days, and is a family-run organization. Director Hinze reviewed the proposal, highlighting the responsibilities of each party. The rodeos would be called the Estes Park Night Rodeo series, and would not be a part of any major association. Ticket income will be split; 80% to Void and 20% to the Town. Vold will not solicit local support without prior Fairgrounds and Rooftop Rodeo Committee approval. Director Hinze has been in contact with Estes Park horse shows regarding this proposal to discuss their concerns and conflicts. Eldon Savage, representative of the Colorado Arabian Horse Club announced the Club's 50th Anniversary in 1998 which will draw many participants and expressed the following concerns: security, time limitations, parking, facility strain, food concession capabilities, weather conditions, and the ability of dual shows to interact positively. Eleanor Dunn expressed concern regarding weather delays and scheduling. Powder River Productions expressed apprehension regarding available pasture and feed. Rooftop President Jo Adams reported that the Rooftop Rodeo Committee members support the Proposal, adding that any concerns had been addressed. Les Foiles, representative for the Lions Club, was in attendance regarding the needs of the food concession stand. Debbie Holgerson, Stage Western, agrees that' Estes Park needs evening entertainment, and this rodeo proposal would help address that need, but that the horse shows not be excluded. The Committee members agreed that the horse shows are important, that evening entertainment is needed, and that any change in facility usage will requird cooperation of both the community and users of the Stanley Park grounds. Administrator Klaphake reminded the Committee that a Town Board goal is to fully utilize Stanley Park and noted that most of July had been blocked from Vold Rodeo usage due to the previous usage of the Fairgrounds, any additional blockage of time slots may result in the proposal being withdrawn, and that combined use of fairgrounds by horse shows and rodeos is done nationally. Discussion followed regarding the number of stalls available. Trudy Carra de Salero expressed concern regarding the effect of the scheduled Fourth of July fireworks on the horses.. Chairman Doylen continued to express concern regarding the impact on horse shows, and urged Staff to continue their communication with these groupsÂ· The Co=nittee reco=tends approval of the Vola Summer Rodeo Proposal with the following additional information being provided to the Town Board: (1) examples of combined usage from other communities. (2) reports on the coexistence of diverse kinds of stock. and (3) plans for segregation of the groups. Trustee Marshall urged representatives of each group attend the November 12 Town Board meeting. RODEO SERIES PROPOSAL 7/7 VOLD RODEO COMPANY October 28, 1996 The following is a draft of the conditions tentatively agreed upon at a meeting on October 25, 1996 between Linda Hinze, Dona Vold Larsen, Darce Vold Nilsson, and Harry Vold. 25 rodeos would be held in 1997 on the following dates: June July August Fri-Sat 13-14 Tue-Wed 1-2 Tue-Wed 5-6 Tue 17 Fri-Sat 4-5 Fri-Sat 8-9 Fri-Sat 20-21 Tue-Wed 12-13 Tue-Wed 24-25 Fri-Sat 15-16 Fri-Sat 27-28 Tue-Wed 19-20 Fri-Sat 22-23 The partnership would provide for ticket income to be split - 80% 7/7 Vold Rodeo Company and 20% Town of Estes Park. The Town of Estes Park would provide: 1. Facility & Utilities A) Main arena, announcers booth, chutes and pen area B) Pasture area on northeast corner of Fairgrounds C) RV space at east gate, electrical, water, sewer Dj Office building at east gate 2. Cleaning of grandstand, arena, restrooms, office 3. Preparation of arena floor for each rodeo 4. General maintenance of the grounds 5. Sale of tickets at site 6. Taking of tickets at main gate 7. Security control at arena/track gate 8. Security control and ticket selling at east gate 9. Direction in obtaining ticket sale outlets at various areas of town 10. Advertising in pieces already paid for by the Town of Estes Park ie. insert, calendar of events. No additional advertising in newspapers, radio, rackcards or posters. 11. Town of Estes Park will not invest any out-of-pocket monies - only in-kind. 12. Ticket costs to be split 7/7 Vold Rodeo Company will provide: 1. , Healthy/quality-stock for the production of a 25 full event rodeos 2. Manpower to produce 25 full event rodeos 3. Prize monies 4. Rodeo secretary, announcer, clown, bullfighter, any specialty acts needed 5. EMT and/or ambulance service 6. Advertising - newspaper ads, rack cards, radio 7. Telephone line to office 8. Ticket costs to be split 9. Sponsors - national sponsorships, out of town sponsors (see sponsor paragraph) io. Repair of the chutes, pens, etc. from stock damage 11. Cooperation with any other shows scheduled by the Town of Estes Park on the grounds during the above stated r rodeo days. 12. Insurance coverage providing a duly executed certificate of insurance of any insurance company authorized to be in business in Colorado at least thirty (30) days before the first show. Said certificate must show first party as an additional named insured, and shall evidence the existence of the following minimum limits of liability: $150,000 bodily and personal injury for each person, with total liability for two or more persons injured in a single occurrence of $600,000; $100,000 property damage for each occurrence; and that at least ten days notice must be given to the first party as holder of the certificate before the policy certified to can be canceled. Ticket Prices - joint decision. Sponsorships - It is agreed that the 7/7 Vold Rodeo Company will not solicit any local business without the consent of the Estes Park Fairgrounds Manager. Current sponsors of Rooftop Rodeo will not be solicited without the permission of the Estes Park Fairgrounds Manager and Rooftop Rodeo Sponsorship Committee. However, the Rooftop Committee and Fairgrounds manager are willing to cooperate in a joint sponsorship program to obtain a win-win sponsorship for both parties. Sponsorship monies obtained solely by the Rodeo Company will be retained by the Rodeo Company. Vendors - The fairgrounds staff will solicit and sell vendor space, with all income to be retained by the fairgrounds. Rodeo Company will have all rights to the sale of event T-Shirts. Contract - to be for 3 years with option to renew. General Comments: By adding the rodeo schedule to the Fairgrounds Events we are jeopardizing the events listed below usually scheduled at the fairgrounds. I have been told by the Arabians, Quarter Horses and Westernaires, that they will NOT share the grounds with a rodeo. Staff has tried to make each event workable. If in two or three years, the rodeos not be successful, I do not know if the horse shows would return to the Fairgrounds. Summary of reasons: (read individual letters) 1. Security on the nights of rodeo with the rodeo pickups and trailers coming and going. 2. Arabians and Quarters use all four rings each day. They don't feel that can guarantee to be done in time to prepare the ground for rodeo. 3. Most show horses will be very uncomfortable with cows close to the arena. (The steers and bulls will need to be kept in the arena pens). 4. Rodeo stock and show horses, just don't mix. All would have to make some alterations to their shows to adapt. SHOW 1997 DATES 1996 INCOME Quarter Horse Show June 12-15 $10,560 Miniature Horse Show June 18-22 $ 6,700 Arabian Horse Show July 2-6 $11,925 Westernaires August 8-9 $ 4,907 TOTAL $34,092 All shows have been at the Fairgrounds for many years - Arabians for 48 years. Projected income for Rodeos: Average 500 tickets at $8.00 $4,000 20% $ 800 per rodeo X 25 $20,000 yr Average 700 tickets at $8.00 $5,600 20% 1,120 perÂ·rodeo X 25 $28,000 Projected expenses over regular payroll: Utilities $250 Cleaning/ $200 4 Personal $160 TOTAL $610 per rodeo X 25 $15,520 Horse Shows bring specific people to town to stay several days. This Rodeo is to entertain tourists with minimal overnight stay from contestants. In support of night rodeos - With the closure of Barleens and with Lazy B for sale, the night entertainment for our tourists is diminished. Statistics show that the tourist is demanding more entertainment options in order to continue his stay for several days in one area. RECORD OF PROCEEDINGS ~AOFC-O Pu~LIIHING CO. planning Commission - October 24, 1996 Page 5 â€¢~. REZONING Lots 1-4. 7-50. 78 - 168. Buenna Vista Terrace Subdivision Lots 1 and 2. Schuster Subdivision. Lots 1 and 2 Hess Subdivision. Buenna Vista Terrace Subdivision. Property Owners/Applicant. This is a request to rezone Buenna Vista Terrace Subdivision from R-S Remidential to E-Estate. Gerald - Mayo, 265 Lookout Street, stated the property owners want to preserve the integrity of the neighborhood and don't want the character changed. Odd Lyngholm, 220 Lott Street, believes that approval would change the character and urged denial. Helen Culpepper, 260 Courtney Lane, expressed concerns about allowed business uses. She believes the Comprehensive Plan will address the properties and urged denial. Judy Lamy, owner of 5 lots in =his area, and Ralph Guild, 260 Davis Street, expressed concerns with +iming and requested approval. Dick Williams, 141 Courtney Lane, stated he and his wife have the existing Bed and Breakfast and with the proposed Comprehensive Plan, they are opposed to the rezoning. Paul Kochevar, Estes Park Surveyors, stated all lots would be non- conforming if approved and an increase in setbacks could cause future problems which would require variances when residents apply for a building permit. He reviewed the submitted petitions and believes people were misled and submitted a copy of the letter which was sent to property owners. Mary Baurer, 251 Mountain View Lane, Arpressed her concerns with the proposed change in setbacks. arie Vae Williams, 141 Courtney Lane, owner of Estes Park Bed and Breakfast, stated that some of the people who signed the petitions have apologized to her and misunderstood what they were signing. She has never been notified by mail of the proposed rezoning and believes 80% in favor may be inaccurate. Those opposed to this request are: John and Carolyn Bible, Bill and Helen Culpepper, Alice Hess, Odd & Diane Lyngholm, Cindy Spalsbury, Dick and Orie Vae Williams. (A copy of the Subdivision Map is attached to the minutes.) Commissioner Pohl stated the homeowners can control their own destiny by forming a homeowners association and thereby police themselves. He believes the upcoming Comprehensive Plan will address this and the proposed rezoning is an added burden and expense to the town. It was moved and beconded (Pohl/ Gilfillan) denial of Rezoning of Lots 1-4, 7-50, 78 - 168, Buenna Vista Terrace Subdivision, Lots 1 and 2, Schuster Subdivision, Lots 1 and 2 Hess Subdivision, be recommended to the Board of Trustees, and it passed unanimously. LOT'.50 .% . ..1 j ~j 4~~tdoo 04 47~ JJ ~. 46- f: i .1.. 45 .r~: -;~.Â·0 dÂ·-1 -:j Dd .Â· Ao-10 . Â· : Â·Â¥4147 -.t 7fyÂ£~:~~0 44.2.' . 6. '90 - 1 42.2 90' ..... - - 462 7 0-1 44 49 * k' 1.,Ss# 1 â€¢ i 'â€¢ e T .7.24 44 i;Ag e Â· K ' Ncr WE . * ' . . ..A. ... 4 Â· 4 -241.#M.12 Â· Â· 3 Â¥f 6,- . Â· 3,33; 2 Â·34 z.Â·530.zrw . . ..29.0 1 . 18.6 7 , Gy,f: 2, 21 3 2- 2 Â·*Ani 3rz o ~ iD,4â€ž1~i~f-o-~,Ci~~:Ete<e 1 ,0 . t. 0 ' - .' 40 -0. <8,4 6 '1 19'tte' : ' 21.30 - t: 5 -~--*.-7- "' --I--,-t;iM<,Ov~.4-- '20 Â© -10 i U. 44, \ . 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'r 1 f. 1/3/P ' 0-Â·i --1. 2 *9 -1Â·:Â·- - kiI;CN 3 4:.4 9,0449*11 --I-I--.1-..---I....I- D;CK+ . .1-4,â€žÂ£ : - 1 -'co,414, '#: t 3? -1 64 6; A&.fer TR-7-17:m~- LEta~Zi,EliU6rifigr 664, /01.. -Â· A J V 36 :3 ks...~ !45 ..145 T,ed-- 3 g:,~.;;''Â¢0Â·tk<.#i ...f Â·'u. 0.- Z. 3.1.4 ~<.~ Â·i; ~Â·'m~w. 1..=EER;i - ~~ ,4 1.'.1 5, . % =2Â¢ 0.0 03 :2 2 .54 _9:99.Â» ~ 99 1,2, t.. W h. 0 - * Â¢41,1:. :*fy&, 'Â·- 74 *47:wyÂ¥12. Keg Â£101 :442w-%40â€ž 21 . 0 - j '23. , i ff.91,flifrlitcz . . F 4943%:,Â·AE , Â·EF,j)624rk'*- '17.55Â£.4~' t,;iki. ta ' }6;449,; "-'--44,: R;28!EM311,-- 5 6,. 22 I {f}F .0~â€¢1";"$ . - B~ 4a60 - =-rA 5,4#41119 44 5 .... /23# Â· 44* - " D Y,I 00:Sh,;#1~2 2:.1;3-5, 'il ~7.?3 ,.i; ... -~t-=es,-I H - 00 , - 024*g 1 194Â·2 ; 7 '14 ' -00-6 16 8 / r-. , 4.4 '' 44-4 f . :5.8 ; 90,5, ! 1 6 *Al'.-f. 441 '*9#1 i ... ..4 1 4 , 1. -*il--* , I Â· ..R'... L - 4 _ .Â·..Ttli~7i#L--------9 . 03.44 7 ,Â·- 94 Â·~ ~@-= 0 1 449 . 1%,7.04 - 0 0- .1.4 ue,Jit 584. 64,ff UE foo-To uâ€¢Ic REFREÂ¢#Il*c[MT+Lâ€¢8 or PORTION - O/ 'ORUCM STR EErÂ· VAC.rlrED.,1. 38:41 PLAT. '.9 7 ... . . 14-99.0 .-Â·./.-A. tr 446'1&0 9 ~rigY i F'5---0~zil.:; **4?f+42:iÂ·j .~~ i:~ryw'.liftÂ»~ 2.5,;1:f~ ~s 02 3 â‚¬ -'. .' '. ::V .' q #. \7 1 1. ad dcÂ» 14 . :0,1, A .. 4. 1 .6; li -1165 7. '*t...ig : 5 ~,:,1 #4 .i.~0~ 6 +~P:4Â· f :./2 . ~ .AP-1:e, 7, 7 62*44.'Y Et'- . . . . ..Ar.k?. 1., .,f: .k *All . )- 11.4 ?': .12- .. r ~2 41:.1&.Egy..(~,2 .A..6' 9*.~*:,4.llc '. !. ..'Co, Pr' f'0: I. 111:. '*'.f" 03:, .: r 1 ..,2 2:9;4.Â£7%&.Ul. 4 1.. 762 : & 4 . . . ' '3 , M rP+Â¥11--- /ATE ~ WAYÂ·' 223/ .....0.0 PUILIM,NG co. RECORD OF PROCEEDINGS planning Commission - October 24, 1996 Page 7 *e16 SUBDIVISION 1 f Amended Plat. Lots 1 and 2. Hess Subdivision. Alice M. Hess/ Applicant. This request is for a boundary adjustment between two existing lots. Applicant's representative, Paul Kochevar, reviewed the proposal and rmminded Commissioners of the comments at the September 17, 1996 meeting. He stated the Applicant would comply with Staff recommendations. The wetlands have been identified, however, they are not on the Plat and are not regulated. The sanitation easement will be placed on the Plat. Director Stamey reviewed the staff report. Audience comments were heard from Gerald Mayo, 265 Lookout Street, who stated this proposal would not be allowed under E- Estate and should be denied. Ralph Guild, 260 Davis Street, stated neighbors have said they are opposed to a duplex which may not be built if the lot line remains unchanged and he requested an opportunity to review new information submitted to the Commission. Director Stamey stated there would be no density change with the approval of the boundary change, just a change in positioning of density. Commissioner Thomas stated he had heard no compelling reason to change the boundary line and thus it was moved and seconded (Thomas/A. Hix) denial of A--ded Plat, Lots 1 and 2, Hess Subdivision, be recommended to the Board of Trustees, and it passed with the following votes. Those voting "Yes", Commissioners Burgess, Gilfillan, A. Hix, Pohl and Thomas. Those voting "No", Sager. M~ UNFINISHED BUSINESS 4.a. Amended Plat. Tracts 4 & 5. Beaver Point Second Addition. Garv Mitchell/Applicant. This is a request to -. realignlot lines. Applicant's representative, Paul Kochevar, reviewed the request stating they would comply with staff recommendations. Senior Planner Joseph reviewed the staff Y report. There were no audience comments. It was moved and seconded (Burgess/A. Hix) to recommend approval of Amended Plat, Tracts 4 & 5, Beaver Point Second Addition, to the Board of Trustees, and it passed unanimously. SUBDIVISION - Addition. Susan Kav Sanford/Aoolicant. This is a request for 5.a. Amended Plat. Portion of Lots 19 and 20. South St. Vrain a boundary adjustment between two lots. Applicant's representative, Paul Kochevar, reviewed the proposal. In response to Commissioner Thomas' concerns with Highway 7 improvements, Mr. Kochevar explained he was not familiar with the impact of the improvements and stated some of the large blue spruce trees will be removed along the highway and some r-0-w will be needed. The owner is negotiating with CDOT. Zoning will remain multi-family. Mr. Kochevar also stated the Applicants agree with the staff recommendation to prohibit commercial accommodations use on either lot. Senior Planner Joseph reviewed the staff report, stating CDOT does not object to this request provided it does not result in an additional point of access on Highway- 7. It was moved and seconded (Thomas/A. Hix) approval of Amended Plat, Portion of Lots 19 and 20, South St. Vrain Addition be recommended to the Board of Trustees with the following conditions, and it passed unanimously. â€¢ Note restricting access be added to the Plat as per staff recommendation. â€¢ Note on Plat prohibiting commercial accommodations use on both of the new lots. .....0/0 â€¢u'lill-/ co RECORD OF PROCEEDINGS Planning Comminsion - October 24, 1996 Page 6 4 144 ANNEXAZIQI ' The Elm Road Second Addition. Town of Estes Park/ A=licant. ~~ ~ , DEVELOPMENT PLAN 96-14 Elm Road Second Addition. Lot 3. Town of Estes Park_and_A=l Trash_S*=ice/Applicant. The requests are for Annexation of The Elm Road Second Addition and expansion of the existing Transfer Station with related new facilities, office, recycling building, storage ' and reconstruction of the detention pond. Town Attorney Greg White reviewed the annexation request which is being proposed in conjunction with the development. plan. Elm Road Second Addition will be zoned I-1, Restricted Industrial. Spencer and Megan Smith are the owners of the A-1 Trash Service business and have met with the Town. The Town will retain ownership of the site and will enter into a long-term lease agreement with A-1 Trash to construct and operate the expanded facility. The Town will be the reviewing auth6rity and has been in contact with Larimer County. Senior Planner Joseph reviewed the staff report stating there is a town boundary error which requires correction. Dave Knecht, owner to the west, has voiced industrial zoning concerns to Mr. Joseph. Two phases are proposed: Phase I will include initial expansion of the recycling service and outside storage and a new garage building to be completed by October 15, 1997. Phase II will include building expansion for indoor storage of porta-johns, construction of a new recycle center building and outdoor truck storage parking area with a completion date of October 15, 1999. Mr. Joseph acknowledged and read a letter from A. Durand Jones, Superintendent of Rocky Mountain National Park. Commissioner Gilfillan questioned the request to waive the requirement to pave all parking and outside storage areas. Paul Kochevar explained that due to the minimal nature of the traffic, there would not be enough activity to require pavement. In response to Commissioner A. Hix's question on future development, Mr. Joseph responded that future uses are to be developed by agreement. Mr. Joseph recommended that prior to a building permit being issued, construction plans are to be reviewed, erosion control and slope stabilization are to be, identified. Audience comments were heard from Judy Lamy who was representing Nancy Chamberlain and Patsy Cravens who own land east of the site. Me. Cravens intends to build a home on her land in the future. Ms. Lamy expressed concern with screening and potential trash problems. Ike Krasniewicz spoke on behalf of the Cravens family. They are not opposed to the proposal, however, have concerns with debris and requested a barrier on the east to alleviate the problem. Mr. Krasniewicz brought a bag of trash he had collected earlier in the day. Developer Spencer Smith stated same of the trash collected by Mr. 6.-asniewicz will be eliminated with approval of this proposal. It was Smith's opinion that a taller fence with a slanted top would solve the blowing debris problem. It -was moved ard seconded (Burgess/Thomas) approval of the Annexation of The Elm Noad Second Addition and I-1 Restricted Industrial Zoning be recommended to the Board of Trustees, and it passed unanimously. It was moved and seconded (A. Hix/Burgess) that Development Plan #96-14 be approved with the following conditions, and it passed with the following votes. Those voting "Yesâ€¢, Commissioners Sager, Burgess, A. Hix, Pohl, and Thomas. Those voting "No", Commissione= Gilfillan. 1. Appropriate debris containment fencing on east and south side required during Phase I. Effectiveness of this screen to be evaluated following construction and initial use of outdoor storage area. Pine trees may be necessary along east and south fence line to provide additional screening as part of Phase II. 2. Colors of new building surfaces and roof to blend with the natural background colors of the site and be made of non-reflective materials. 3. Paving requirements for outside storage areas are waived. Parking spaces serving the business office will be paved. 4. The existing access off Elm Road to other Town property will be maintained. 5. The following be added to the agreement, "The Developer (A-1 Trash) agrees to accept all offsite upstream flows, and the Developer will maintain and repair all drainage facilities." 6. Prior to issuance of a building permit, construction plans are to be reviewed and erosion control measures be required to protect slopes until new vegetation is established. ORDINANCE NO. AN ORDINANCE ADDING ELM ROAD SECOND ADDITION TO I-1 RESTRICTED INDUSTRIAL DISTRICT OF TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WHEREAS, the annexation of Elm Road Second Addition was accomplished on the 12th day of November, 1996; and WHEREAS, following testimony, the Board of Trustees of the Town of Estes Park has determined that it is in the best interests of the Town to zone Elm Road Second Addition to the Town of Estes Park as I-1 Restricted Industrial District. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: Elm Road Second Addition be zoned as I-1 Restricted Industrial. District. Section 2: 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 , 1996. TOWN OF ESTES PARK 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 , 1996, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1996. Town Clerk ORDINANCE NO. ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO TO BE KNOWN AND DESIGNATED AS ELM ROAD SECOND ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO; Section 1: That a Petition for Annexation, together with four copies of the plat of said area as required by law was filed with the Board of Trustees on September 24, 1996 by the Town of Estes Park, being the sole owner of said area. The Board, by Resolution at its regular meeting on September 24, 1996, accepted said Petition and referred the Annexation Plat to the Planning Commission to begin a procedure to make the property subject to the zoning ordinances of the Town. Section 2: The Board hereby determines that the area to be annexed is owned solely by the Town of Estes Park, Colorado. Section 3: The Board hereby finds that the area is eligible for annexation as set out in Section 31-12-104 (1) (a) and 31-12-105 C.R.S. Section 4: The Board further determines that no additional terms or conditions are to be imposed upon said annexation. Section 5: That the annexation of the following described area designated as Elm Road Second Addition to the Town of Estes Park, is hereby approved: Cdmmenting at the South 1/4 corner of said Section 26 as monumented by a G.L.0. brass capped pipe, with all bearings relative to the South line of the SE 1/4 of said Section 26 considered as bearing S 89Â°20'02" E; thence N 85Â°57'18" E a distance of 500.76 feet to the Northerly right-of-way line of U.S. Highway 36; thence N 59Â°29'39" E a distance of 581.74 feet along said right-of-way line to the Southeast corner of the Elm Road Addition to the TRUE POINT OF BEGINNING. thence S 89Â°44'11" W a distance of 52.27 feet; thence N 60Â°00'00" W a distance of 219.46 feet; thence 135.09 feet along the arc of a curve concave to the Southwest, said curve has a delta angle of 43Â°00'00", a radius of 180.00 feet and is subtended by a chord which bears N 81Â°30'00" W a distance of 131.94 feet; thence S 77Â°00'00" W a distance of 155.64 feet; thence 178.58 feet along the arc of a curve concave to the Northeast, said curve has a delta angle of 102Â°19'10", a radius of 100.00 4 feet and is subtended by a chord which bears N 51Â°50'25" W a distance of 155.78 feet; thence N. 00Â°40'50" W a distance of 227.44 feet; thence S 89Â°19'10" W a distance of 60.00 feet; thence N 00Â°40'50" W a distance of 125.00 feet; thence N 89Â°33'04" W a distance of 300.00 feet; thence N 00Â°40'50" W a distance of 455.80 feet; thence S 89Â°33'04" E a distance of 25.00 feet; thence N 02Â°15'56" E a distance of 377.80 feet; thence S 77036'04" E a distance of 182.80 feet; thence N 76028'28" E a distance of 57.91 feet; thence S 13031'32" E a distance of 364.53 feet; thence S 89Â°33'04" E a distance of 568.40 feet; thence S 01010'52" E a distance of 202.00 feet; thence S 89033'04" E a distance of 400.00 feet; thence S 01Â°10'52" E a distance of 594.40 feet; thence S 59Â°29'39" W a distance of 381.02 feet to the TRUE POINT OF BEGINNING The above describ6d tract contains 24.55 acres, more or less. Section 6: The Town of Estes Park, Colorado hereby consents, pursuant to Section 37-45-126(3.6) C.R.S., to the inclusion of the lands described above into the Northern Colorado Water Conservancy District and the Municipal Subdistrict of the Northern Colorado Water Conservancy District. Section 7: 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 , 1996. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk .1 ORDINANCE NO AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN REAL PROPERTY TO ESTES VALLEY MEMORIAL GARDENS, INC. WHEREAS, the Town of Estes Park is authorizing the transfer of certain real property, the legal description of which is attached hereto as Exhibit "A" and incorporated herein by this reference to the Estes Valley Memorial Gardens, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The real property set forth on Exhibit "A" shall be transferred by Warranty Deed to the Estes Valley Memorial Gardens, Inc., in the form set forth on Exhibit "B" and incorporated herein by reference. Section 2. The adoption of 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 , 1996. TOWN OF ESTES PARK 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 , 1996, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1996. Town Clerk 3 I I Y '4 EXHIBIT "A" A description of the tract of land located in the SW % of Section 16, T5N, Range 73W of the 6th P.M., Larimer County., Colorado, being more particularly described as commencing at the Southeast corner of the NE % of the SW % of said Section 16 as monumented by a G.L.0. Brass Cap in concrete, and with all bearings relative to the East line of said SW % as bearing N 00Â°37'00"E, thence S 89Â°05'30" W along the South line of the NE Â¥ of the SW W of said Section 16 a distance of 663.44 feet to the TRUE POINT OF BEGINNING. thence S 89Â°05'30" W continuing along said South Line of the NE % of the SW % a distance of 99.90 feet; thence departing from said South line of the NE % of the SW A N 00Â°37'00".E parallel with the East line of said SW % a distance of 467.37 feet to a point on the South right-of-way line of County Road 20C (Fish Hatchery Road); thence Southeasterly along said South right-of-way line 114.32 feet along the arc of a curve concave to the Northeast, said curve having a delta angle of 11Â°52'21", a radius of 551.70 feet and is subtended by a chord which bears S 60Â°26'33" E a distance of 11.412 feet; thence S 00Â°37'00" W parallel with the East line of said SW % a distance of 409.49 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 1 acre, more or less, andÂ· is subject to all easements, agreements and rights-of-way * of',~ record. The above described property is hereby conveyed to the Grantee for use by the Grantee solely for cemetery purposes. The Grantee shall have full control and use of the property for cemetery purposes, provided that no mature trees shall be cut, disturbed or removed, without prior written consent of the Grantor, except for those mature trees that are damaged, diseased or dead. The Grantee may construct such improvements thereon as the Grantee may deem necessary for the operation of a cemetery. The Grantee shall not sell or transfer the property. In the event of the vioaltion of any of the above restrictions, the property shall automatically revert to the Grantor or it successor. Recorded at 0'clarkÂ· M Reception Nn Rrrnrrler .. ' WARRANTY DEED ~ THIS DEED, Made this day of October 19 96 between TOWN OF ESTES PARK, COLORADO, a Municipal Corporation of the said * County of Larimer , ' State of Colorado. grantor. and ESTES VALLEY MEMORIAL GARDENS, INC . , A Non-Profit Cemetery Corporation a corporation organized and existing under and by virtue of the laws of the State of Colorado , grantee: whose legal address is Fish Hatchery Road, Estes Park, CO 80517 WITNESSETH, That the grantor. for and in consideration of the sum of Ten Dollars and other good and valuable consideration ($10.00) DOLLARS, the receipt and su fficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed. and by these presents does grant, bargain, sell, convey and confirm, unto the grantee. its successors and assigns forever, all of the real property. tngether with improvements, if any, situate, lying and being in the said County of Larimer and State of Colorado. described as follows: See Exhibit ILA" attached hereto .- also known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, i%sues and profits thereof, and all the estate. right, title. intemst, claim and demand whatsoever of the ~ | grantor, either in law or equity. of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances. unto the grantee. its successor and assigns I forever. And the grantor, for himself. his heirs and personal representatives. does covenant, grant, bargain and agree to and with the grantee. its successors and assigns, that at the time ofthe ensealing and delivery of these presents. he is well seized of the premises above conveyed. has good. sure. perfect. , ~ absolute and inde feasible estate of inheritance. in law. in fee simple, and has good right. full power and law ful authority to grant. bargain. sell and convey ' the same in manner and form as aforesaid. and that the same are free and clear from al] formerand othergrants, bargains. sales, liens. taxes. assessments, encumbrances and restrictions of whatever kind or nature soever. except ; 1 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its suec essors and assigns. against all and every person or persons lawfully claiming the whole orany part thereof. Thesingularnumber shall include the plural. the plural the singular, and the use of any gender shall be applicable to all genders. 2 . 1 1 IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. TOWN OF ESTES PARK, COLORADO By: Mayor,Robert L. Dekker Vickie O'Connor, Town Clerk STATE OF COLORADO, 1 hs. 1 County of The foregoing instrument w'as acknowledged before me this day of 19 , by My commission expires WITNESS my hand and official seal. Ntitar) Public *If in Denver. insert ~'City and. Name and Address of Person Creating Newly Created Legal Description (Â§ 38-35-106.5, CR.&) No. 952. Rev. 3-85. WARRANTY DEED (to Corporation) For Photographic Record 2, 1. Bradford Publishing, 1743 Wazec St., Denver, CO 80202 - (303) 292-2300 - 2-92