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PACKET Town Board 2006-04-25
151 \C, Prepared 4/17/06 i.4 ?i@%, TOWN OF:,ESTES PARK 9,4/813<Zie*/2~MOETIT,jecribl"Fil~(466 fiti'.;131% Ar~ .- k,-ft--44*47*--fli:;€?SfAM*iti-~4-* ~:» 24~.5~.~.~.~:*Frr6.$.rlikOL~~.~4,~%<*ff~~,*~-I.c:~~~*AI,# Lttt i Thj"%..#%43"11/*r.CAW.1 N · >I- r f .1 9 - 1% The Mjeeion of the Town of Estes Fark le to plan and provide reliable, hi0h-value eervicee for our citizens, visitors, and. employeee. We take dreat pride ensuring and enhancir10 the quality of life in our community by beine good el;swarde of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 25,2006 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PROCLAMATION - MAYOR BAUDEK. 18th ANNUAL ESTES PARK DUCK RACE, "DUCKYRACEDAY", MAY 6,2006. PRIDE AWARDS - TRUSTEE LEVINE. BUSINESS PERSONS, TEACHER AND VOLUNTEER OF THE YEAR FOR 2005. PUBLIC COMMENT. (Please state your name and address) TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 11,2006. 2. Bills. 3. Committee Minutes: A. Public Works, April 13,2006: 1. Confluence Park Phase Il, Estes Valley Home & Garden Center - $8,200 - Budgeted. B. Utilities, April 20,2006: 1. Light & Power Operating Plan - $53,000 - System Modeling & Preliminary Design through Loveland Public Works ($35,000) and Arcview software ($18,000) - Budgeted. 2. Annual Tree Trimming Project - $58,608 / 2006 - Budgeted and $60,656 / 2007 contingent upon funding. 1 Continued on reverse side 4. Estes Valley Planning Commission, April 18,2006 (acknowledgment only). lA. PLANNING COMMISSION AGENDA (Approval 69: Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wishes to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. PRELIMINARY CONDOMINIUM MAP A. Streamside Condominiums, Phase I, Lot 1, Streamside Amended Plat, Streamside Cottages, LLC/Applicant. 2. FINAL SUBDIVISION PLAT A. Deer Ridge Subdivision, Amended Plat of Lots 3 & 4, Skoog Subdivision, Paul & Katherine Kochevar/Applicant. 2. ACTION ITEMS: Mayor Baudek: Open the Public Hearing (A). The formal public hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. 1. PRELIMINARY CONDOMINIUM MAP A. The Pines Condominiums at Estes Park, Lot 2, Pine Knolls Subdivision, Pines Condominiums Development, Inc./Applicant. 2. ACTION ITEMS: 1. APPOINTMENT OF TRUSTEE PINKHAM (REPLACING JEFFREY-CLARK) TO THE LARIMER COUNTY OPEN LANDS ADVISORY BOARD, 3-YR. TERM, EXPIRING JUNE 30,2008. Mayor Baudek. 2. RE-APPOINTMENT/APPOINTMENT - ADVERTISING COMMITTEE. Dir. Pickering - all terms two years, expiring 4/25/08. 3. CVB MARKETING BOARD APPOINTMENTS. Dir. Pickering. 4. ESTES PARK HOUSING AUTHORITY - REQUEST FUNDING OF PINE KNOLL APARTMENT PURCHASE. Town Administrator Repola. 5. TRANSPORTTION SERVICE CONTRACT WITH MCDONALD TRANSIT ASSOCIATES, INC. Town Administrator Repola. 6. VISITOR CENTER CHANGE ORDERS- REQUEST APPROVAL. Dir. Pickering. 7. TOWN ADMINISTRATOR REPORT. 8. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. -2- hp Laserjet 3015 40 kk* . 4.v v~„™~61~~ HP LASERJET FAX invent Apr-20-2006 4:40PM Fax Call Report Job Date Time Type Identification Duration Pages Result 520 4/20/2006 4:30:59PM Send 5869561 1:25 2 OK 521 4/20/2006 4:32:29PM Send 5869532 1:40 2 OK 522 4/20/2006 4:34:15PM Send 5861691 2:04 2 OK 523 4/20/2006 4:36:24PM Send 6353677 1:41 2 OK 524 4/20/2006 4:38:10PM Send 5771590 1:48 2 OK 'Fl Town of Estes Park, Larimer County, Colorado, April 11, 2006 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 11 th day of April, 2006. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Richard Homeier Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Eric Blackhurst, Trustee Elect Dorla Eisenlauer, Trustee Elect Also Present: Randy Repola, Town Administrator Jackie Williamson, Town Clerk Absent: Trustee Pinkham Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. Mayor Baudek presented a Proclamation proclaiming April 22,2006 as Enos Mills day in Estes Park. Enos Mi//s Day celebration will be held at the Estes Park Museum from 1-3 p.m. on the 22nd. PUBLIC COMMENT Vaughn Baker, RMNP Superintendent, thanked the outgoing Trustees Sue Doylen and Lori Jeffrey-Clark for their commitment to the community and to the park. He presented them with a small gift. TOWN BOARD COMMENTS Trustee Levine announced the after prom party sponsored by the morning and noon Rotary Club, PACK and Interact will be held on April 22nd and all are invited. Estes Park Pride Awards will be announced at the Volunteers Luncheon and at the Town Board meeting on April 25~h. Trustee Homeier thanked everyone for voting at the Municipal Election on April 4~h, 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 28,2006. 2. Bills. 3. Committee Minutes: A. Community Development, April 6,2006: SDecial Events: 1. Parade Requests: A. Rooftop Rodeo Parade - July 11, 2006. B. Scottish Festival Parade - September 9,2006. C. Christmas Parade - November 24,2006. Board of Trustees - April 11, 2006 - Page 2 Museum/Senior Center: 1. Purchase Picnic Tables - O'Connor Picnic Shelter $13,220 - Budgeted. 4. Estes Park Housing Authority, March 8,2006 and March 22,2006 (acknowledgment only). 5. Intent to Annex Resolution #6-06 - North End Storage Addition. Public Hearing scheduled May 23,2006. It was moved and seconded (Doylen/Levine) the Consent Agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. LIQUOR LICENSING: NEW HOTEL AND RESTAURANT LICENSE APPLICATION FILED BY EVEREST KITCHEN, LLC dba THAI KITCHEN 401 S. ST. VRAIN AVENUE. . Mayor Baudek opened the public hearing and Mr. Shrestha thanked the B6ard for their consideration. Mayor Baudek encouraged the Applicant to be vigilant and that the Board takes very seriously the operation of liquor licenses and the Liquor Code. There were no comments in opposition to the license application. Clerk Williamson presented the application noting that the required T.I.P.S. Training Class has been completed, and that a Petition in favor of the license was submitted. There being no further testimony, Mayor Baud@k closed the public hearing. Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Newsom/Doylen) the Hotel and Restaurant Liquor License Application filed by Everest Kitchen, LLC for The Thai Kitchen be approved, and it passed unanimously. 2. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - FROM HATCHER HOSPITALITY. INC. dba DUNRAVEN DOWNTOWN TO DUNRAVEN DOWNTOWN, LLC dba DUNRAVEN DOWNTOWN, HOTEL AND RESTAURANT LICENSE. 101 W. ELKHORN AVE.. Town Clerk Williamson presented the application, confirming that required T.I.P.S. training has not been completed; however, the applicant is in the process of scheduling said training. It was moved and seconded (Levine/Doylen) the Transfer of Ownership Application filed by Dunraven Downtown, LLC dba Dunraven Downtown, be approved, and it passed unanimously. APRIL 4, 2006 ELECTION REPORT. Town Clerk Williamson reviewed the Official April 4 Election Report: FOR TRUSTEE: Absentee Polling Place Total Votes Cast DAN SPEEDLIN 68 331 399 ERIC W. BLACKHURST * 77 333 410 DORATHEA SLOAN 27 178 205 RICHARD HOMEIER * 78 359 437 JOHN ERICSON 77 327 404 DORLA EISENLAUER * 73 339 412 *Elected to 4-yr. terms Board of Trustees - April 11, 2006 - Page 3 Total Registered Voters = 4,284 Number of Absentee Votes Cast = 153 Number of Polling Place Votes Cast = 697 TOTAL VOTES CAST = 850 = 19.8% As all invoices have not yet been received, the Election Expense Report will be distributed to the Town Board in the near future. Mayor Baudek expressed the Board's appreciation to Clerk Williamson, Deputy Clerk Schares, and the Election Judges. The Mayor commented on the voter turnout stating other Front Range and Mountain communities had less turnout. ACKNOWLEDGEMENT OF RETIRING TRUSTEES LORI JEFFREY-CLARK AND SUE DOYLEN. The Mayor presented both Trustee Jeffrey-Clark and Mayor Pro Tem Doylen with a Town Plague commemorating their service to the community, and "Resolutions of Respect" honoring their active participation on the goals and achievements of the Board of Trustees during their terms of office. Trustee Doylen acknowledged her spouse and family, the RMNP, Larimer County and the many Town staff members and Committees she has worked with over the past 13 years. Appreciation was expressed to past and present Mayors and Trustees, and she commended staff for their assistance in ensuring Trustees make good decisions. Trustee Jeffrey-Clark also acknowledged her spouse and family, and expressed her appreciation to the community, all past and present Trustees and Mayors, and the Town's outstanding staff. The Museum Advisory Board presented Trustee Doylen with a bouquet and expressed their appreciation for all her hard work, dedication and support of Estes Park history. Concluding the presentation, Mayor Baudek announced a recess at 7:38 p.m. Mayor Baudek reconvened the meeting at 7:48 p.m. 3. SWEARING-IN CEREMONY FOR NEWLY-ELECTED TRUSTEES. Municipal Judge Brown conducted a Swearing-In Ceremony for the following: Trustees: Richard Homeier, Dorla Eisenlauer and Eric Blackhurst 4. APPOINTMENTS. Town Clerk Williamson announced the following appointments: Mayor ProTem: Trustee Pinkham Community Development Committee Trustee Pinkham, Chair; Trustee Eisenlauer & Trustee Levine Utilities Committee Trustee Homeier, Chair; Trustee Newsom & Trustee Pinkham Public Works Committee Trustee Levine, Chair; Trustee Blackhurst & Trustee Homeier Board of Trustees - April 11, 2006 - Page 4 Public Safety Committee Trustee Newsom, Chair; Trustee Blackhurst & Trustee Eisenlauer Misc. Board/Committee Museum Advisory Board Liaison - Trustee Levine Rooftop Rodeo Committee Liaison - Trustee Eisenlauer Advertising Committee Liaison - Trustee Pinkham Estes Valley Planning Commission Liaison, Trustee Homeier Senior Center Liaison - Trustee Levine Larimer County Citizens' Criminal Justice Committee Representative - Trustee Pinkham Administrative Staff Randy Repola, Town Administrator Jackie Williamson, Town Clerk Suzy Schares, Deputy Town Clerk Gregory A. White, Town Attorney John P. Frey, Assistant Town Attorney Steve McFarland, Town Treasurer/Town Clerk ProTem Lowell Richardson, Police Chief Gary R. Brown, Municipal Judge John W. Easley, Jr., Assistant Municipal Judge , Scott Dorman, Fire Chief Daryl McCown, 1St Assistant Chief Robert Himing, 2nd Assistant Chief Building Code Board of Appeals, 2-yr. Terms, Expiring 04/08 Karl Ertl (Re-appointment) Steve Lane (") Kerry Prochaska ( ") Firemen's Pension Board Mayor John Baudek Steve McFarland, Treasurer Jackie Williamson, Secretary Scott Dorman, President Jon Landkamer, EPVFD Member. Will Birchfield, EPVFD Member Policemen's Pension Board Mayor John Baudek .Steve McFarland, Treasurer Jackie Williamson, Secretary Lowell Richardson, Police Chief Tree Board, 4-yr. Terms, Expiring 04/10 Trustee Levine (Completing Trustee Doylen's Term) - Expiring 4/08 Scott Roederer, (Reappointment) Bob Seifert, (Reappointment) Miscellaneous Appointments Audit Committee: Mayor John Baudek Trustee Bill Pinkham Randy Repola, Staff Steve McFarland, Staff Board of Trustees - April 11, 2006 - Page 5 North Front Range Water Quality Planning Association Bill Linnane Bob Goehring, Alternate Platte River Power Authority Board of Directors Mayor John Baudek, 4/08 Bill Linnane, 12/07 Windy Gap Greg White Bill Linnane, Alternate It was moved and seconded (Homeier/Newsom) the Board of Trustees ratify all appointments as listed above, and the motion passed unanimously. 5. TOWN ADMINISTRATOR'S REPORT. • CML Workshop will be held on May 6th in Denver for elected officials on Effective Governance. All are encouraged to attend. • CML Spring Outreach will be held in Loveland on May 25th. • The Board of Trustee retreat will be held in May. A consultant will be th selected from the RFP due Friday, April 28 . The retreat will focus on strategic planning. Whereupon Mayor Baudek adjourned the meeting at 8:03 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 13, 2006 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 13th day of April, 2006. Committee: Chairman Levine, Trustees Blackhurst and Homeier Attending: All Also Attending: Town Administrator Repola, Town Clerk Williamson, Public Works Director Linnane, and Facilities Mgr. Sievefs, Public Works Supt. Mahany Absent None Chairman Levine called the meeting to order at 8:00 a.m. Chairman Levine welcomed newly elected Trustee Blackhurst to the Committee. ANNUAL TREE REPLACEMENT PROJECT (RIVERSIDE PLAZA) PHASE 11 - REQUEST APPROVAL. Phase I of this project was completed in May of 2005 with the removal and replacement of four cottonwood trees with less damaging ash trees and the repair/replacement of damaged and uneven pavers in the middle area of Confluence Park. Phase 11 was budgeted for $7,500 to complete this project on the East portion of Confluence Park. Advertisement soliciting bids for the 2006 Phase Il project ran in the local newspapers. Estes Valley Home and Garden Center Inc. was the only bid received at a cost of $8,200 with the Town providing all materials. Supt. Mahany stated Platte River has provided the Town with $1,500 to purchase the replacement trees. Cost per square foot is less with Phase 11 due to less severe damage and no irrigation to be completed this year. Staff recommends awarding the project to Estes Valley Home and Garden Center with additional funding from the Parks Department material account. Phase 11 work would begin immediately and be completed by Memorial Day. The Committee recommends awarding Phase 11 of the Confluence Park Tree Replacement project to Estes Valley Home and Garden Center, Inc. at a cost of up to $8,200 with additional funds beyond the budget funds of $7,500 to come from the Parks Department material account. VISITOR CENTER LANDSCAPING - REQUEST APPROVAL TO SOLICT BIDS. Dir. Linnane stated the Visitor Center landscaping consists of sodding the dirt area around the new building with budgeted funds of $50,000. Staff recommends bidding this project with the Bond Park sod project. Landscaping is scheduled for completion prior to Memorial Day. Concluding discussion, the Committee recommends approval to solicit bids for the landscaping of the Visitor Center and Bond Park. WATER & UTILITY EASEMENT VACATIONS - REQUEST APPROVAL. Dir. Linnane advised Community Development has received three requests to vacate portions of water and utility easements in which future use is not anticipated. All utility companies, including the Water Department and Light and Power Department have approved the vacations. Easements were dedicated during the planning process and overtime it has been determined that the utility easements are not needed. All utility companies have sign off on the easement vacations except for Light and Power at 501 MacGregor Avenue. A quit-claim deed would be used to vacate the easements at the applicant's expense. RECORD OF PROCEEDINGS Public Works Committee - April 13, 2006 - Page 2 Lot 5, Village Acres, 1070 Lexington Lane, Dirk Knobel/Applicant - full vacation of the platted waterline easement in order to build a deck. The water main was relocated into the roadway. Tract 56B of the Replat of Tract 56, Amended Plat of Lot 2, Deer Crest Subdivision and Tracts 56 & 57, Fall River Addition, 1150 West Elkhorn Avenue, James & Marlene Richter/Applicant - vacate a portion of the platted waterline easement. The waterline was removed from the east property line and installed in the utility easement on the southern property line. A portion of the easement can be vacated from the east property line to a point ten feet east of the existing water main. Lot 2, Chiquita Subdivision of Lot 130, Al Fresco Place, 501 MacGregor Avenue, Ginger Tackman-Prudential Team Real Estate/Applicant - vacate a portion of the platted utility easement where a driveway encroaches into the easement. The Committee recommends approval to vacate utility easements as outlined above subject to approval of the Light and Power for 501 MacGregor Avenue. REPORTS. 1. Fall River Restroom. Mgr. Sievers stated a RFP was sent out to 5 local builders with architectural backgrounds with proposals due on April 20'h. An area just north of the Hydro Plant Museum hak been located as a flat easy to construct site; however, the structure would be located directly next to a Town rental and a privacy fence would need to be constructed. Dir. Linnane stated the bathroom could be ~placed on the shelter side of the river with a 135 to 150 foot river crossing of the utilities at an additional cost. Mgr. Sidvers would like to see construction begin by June 1 gth. 2. Fish Creek Trail -: Phase Ill. The Town was awarded $160,000 from CDOT to complete the Fish Creek Trail from Scott Avenue to the Hwy -7 trail. In order to keep the cost down, the Town has begun some earthwork. A-1 excavating was hired to cut the bank near the pond at the intersection of Lakeshore and Longview. An additional 300 feet of grading will be completed at a cost of $1,100 from Longview north toward Scott to move the trail away from the edge of the roadway. This will be a net savings because curb and gutter will not be needed. 3. CDOT Paving Proiect - Hwv 34. The contractor has begun pouring concrete at the intersection of Hwy 34/36 and Stanley Village, and culvert and shoulder work has begun west toward the Fall River entrance., Mgr. Sievers stated CDOT replaced the old controller at the 34/36 intersection with a new controller that can now be monitored from the offices in Greeley. 4. Park Shop. The Park's Department will move into the new building on Tuesday, April 18th with the old building to be demoed within 10 days. The new building has a shed roof to easily add on to the building in the future if needed. The white roof installed will be replaced with the green roof originally ordered. The current fence will be relocated to encompass the entire compound and reduce the possibility of vandalism. There being no further business, Chairman Levine adjourned the meeting at 8:47 a.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, April 20,2006. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 20th day of April 2006. Committee: Chairman Homeier, Trustees Newsom and Pinkham Attending: All Also Attending: Administrator Repola, Public Works Director Linnane, Finance Director McFarland, Town Clerk Williamson Absent: None Chairman Homeier called the meeting to order at 8:00 a.m. LIGHT & POWER DEPARTMENT 2006 Operating Plan - Request Approval. Dir. Linnane stated the 2006 Operating Plan will focus on the modeling and preliminary design for the Mary's Lake Substation and electrical system through an Intergovernmental Agreement (IGA) between the Town of Estes Park and Loveland Public Works. Loveland has provided a draft agreement that will be reviewed by Attorney White. Loveland's engineering staff estimates 500 hours at a cost of $35,000 (Engineering cost of $77/hr.) to complete the modeling by September. In addition, the Public Works Department requests the purchase of three ArcView software licenses to manipulate the model created by Loveland for outages and system improvements at a cost of $18,000. Dir. Linnane clarified the new substation and electrical system will be designed for maximum build out and/or 20 years. Platte River will provide the historical data on loads to forecast the capacity of the new substation. After further discussion, the Committee recommends approval of the IGA with Loveland for engineering services at a cost up to $35,000 from the Light and Power engineering budget and the purchase of three ArcView software licenses at $18,000 from the Light and Power software budget. 2006 & 2007 Tree Trimming of Overhead Power Lines - Request Approval. The Light & Power Department budget includes $70,000 for the purpose of trimming trees that lie in or near the overhead power lines. This is a continual process that benefits the system through increased reliability and safety. The following bids were received for 800 hours of service from a two-person crew: 1) Asplundh Tree Expert Year 2006: $58,608 Year 2007: $60,656 2) Wright Tree Service Year 2006: $74,056 Year: 2007: $75,280 3) Foothills Tree Experts Year 2006: $142,400 Year 2007: $148,800 4) Davey Tree Surgery Company- (NO BID) Staff recommends the bid from Asplundh Tree Expert for 2006 and 2007 to trim trees in Estes Park with an emphasis on the Big Thompson Canyon, Glen Haven and Allenspark. The Committee recommends approval of the contract with Asplundh RECORD OF PROCEEDINGS Utilities Committee - April 20,2006 - Page 2 Tree Expert at a cost of $58,608 for 2006 and $60,656 for 2007 with the second year contingent upon funding. Reports 1. Light and Power Dept. Financial Report - Dir. Linnane and Dir. McFarland reviewed the report. WATER DEPTARTMENT Reports 1. Water Financial Data - Dir. Linnane and Dir. McFarland reviewed the report. There being no further business, Chairman Homeier adjourned the meeting at 8:50 a.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission April 18, 2006,1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Edward Pohl; Commissioners Wendell Amos, Ike Eisenlauer, George Hix, Betty Hull, Joyce Kitchen, and Doug Klink Attending: Chair Pohl, Commissioners Amos, Eisenlauer, Hix, Hull, Kitchen, and Klink Also Attending: Town Attorney White, Town Board Liaison Homeier, Director Joseph, Planner Shirk, Planner Chilcott, and Recording Secretary Roederer Absent: None Chair Pohl called the meeting to order at 1:30 p.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence of the meeting. 1. CONSENT AGENDA a. Estes Valley Planning Commission minutes dated March 21, 2006. b. Preliminary Condominium Map, Aspen Winds Condominiums, Lot 1 of the Replat of Lot 1 and Lot 2, Block 3 of the Replat of Lots 1 & 2, Block 3, Fall River Estates, 1051 Fall River Court, Rohrbaugh Properties, LLC, Applicant: Request withdrawn by staff. c. Amended Plat, Lots 1 & 2, Block 1, Larimer Terminals Subdivision, 901 Juniper Lane; Request to vacate road right-of-way; Hawf & Mechem, LLC, Applicant. d. Amended Plat, Lots 22 & 23, White Meadow View Place, 551 & TBD Ponderosa Drive; Request to adjust the boundary line between two lots; Kirk Miller, Applicant. Comissioners and staff discussed the fact that item "b" of the consent agenda, the Aspen Winds Condominiums preliminary condominium map, was erroneously listed and should be removed from consent agenda because the application had been withdrawn by staff. It was moved and seconded (Hull/Klink) that Consent Agenda items a, c, and d be accepted and item b be removed, and the motion passed unanimously. 2. PUBLIC COMMENT None. 3. SPECIAL REVIEW 06-02, Horse-Drawn Carriage Concession, Downtown Estes Park, Applicant: Tender Grass Carriage Planner Shirk summarized the staff report. He stated this is a proposal to offer horse-drawn carriage rides within the Town of Estes Park. Services will include transportation for weddings and other special events, as well as carriage rides along a fixed route with normal hours of operation from 9:00 a.m. to 9:00 p.m. daily. The proposed route has been approved by the Town Board of Trustees in past years. Public pick-up and drop-off points will be limited to the Transit Center and Tregent Park. Other proposed locations include the Stanley Hotel, St. Bartholomew's Church, and Our Lady of the Mountains Church. Planning staff recommends that any future additions or revisions to the routes or stops be approved by Town staff including, but not limited to, the Public Works and Police departments. If traffic conflicts or other use conflicts occur on the streets or at the public-stop locations, it Graipt RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 April 18, 2006 is recommended that Town staff be authorized to restrict operations until the problem is corrected. The applicant will be required to obtain a business license and provide a certificate of insurance for $1,000,000 to the Town. No signage will be allowed on public property. The horses will be required to be diapered during service and wear steel shoes with borium and rubber pads to cushion the foot. The applicant proposes to pick up and drop off the horses at a private residence along Dry Gulch Road. Planner Shirk stated boarding of the horses is not allowed at that location and money would not change hands. The applicant's truck and horse trailer would be parked at that location when not in use. The proposal wais submitted to the Estes Park Police Department and the Colorado Department of Transportation (CDOT) for review and comment. No comments were received. Planning staff recommends approval of the proposal. Public Comment: The applicant, Don Gardner, stated he rart a carriage service in Estes Park from 1996 to 2000 using the same routes. He stated he understands the expectations of staff and the rules that apply. He has the necessary insurance with the Town of Estes Park listed as an additional insured. In response to questions from Commissioner Hull, Mr. Gardner stated he will use two Clydesdales. One horse *ill rest at the property on Dry Gulch Road while the second one is working. He has renewed contact. with the owner of the property, who has agreed to allow Mr. Gardner to keep a horse there without a boarding fee. He stated his truck would be parked there when not in use and that he has an arrangement with the Holiday Inn that allows him to hook up his h6rse behind the hotel. Commissioner Pohl stated his concerns about the carriage service disrupting traffic during the repaving project scheduled along Highway 34 this summer. Mr. Gardner stated he will change his route if requested to do so by Town staff. It was moved and seconded (Kitchen/Klink) to recommend approval of Special Review 06-02, Horse-Drawn Carriage Service, to the Town Board of Trustees, with the findings and conditions recommended by staff, and the motion passed unanimously. CONDITIONS: 1. A6plicant shall obtain a business license from the Town Clerk. 2. Provide a copy of a Certificate of Insurance for $1,000,000 to the Town, with the Town to be named as an additional insured. 3. Obtain written permission from property owners for specified stops on private property, including the Stanley Hotel, St. Bartholomew Church, and Our Lady of the Mountains Catholic Church. ' 4. Submit a revised site plan incorporating the following: • Signature block: APPROVAL: Approved by the Town of Estes Park Board of Trustees this day of ,2004. John Baudek, Mayor • Any future additions or revisions to the routes or stops to be approved by Town staff. • No signage shall be allowed on public property. • If traffic conflicts or other use conflicts occur on the streets or at the public stop locations, Town Staff is authorized to restrict operations until the problem is corrected. This is intended to account for accidents, parade routes, periods of heavy traffic, or other instances of traffic hazards or congestion. Bra#¢ RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 April 18, 2006 • All horses shall be diapered during times of service. • Public drop-off shall be limited to the Transit Center and Tregent Park. 5. A copy of the business license and Special Review permit shall be kept with the carriage. 4. PRELIMINARY CONDOMINIUM MAP, Wonderview Village Condominiums, Metes And Bounds, 120, 130, & 140 W. Wonderview Avenue, Applicant: Longs Peak Development, LLC Planner Shirk reviewed the staff report. He stated the Wonderview Village Development Plan 05-07 was approved by Planning Commission on October 18, 2005. The development plan provides for seventeen condominium units. The proposed condominium map is consistent with the development plan and will allow for individual sale of the units. A greater floor area ratio (FAR) is allowed than was accounted for in the submitted plans, and the applicant will extend the rear of the units along the south property line by four feet to maximize the FAR. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from the Town Attorney Greg White, the Town of Estes Park Public Works Department, and Estes Park Sanitation District. Comments from Town Attorney White regard the use of the condominium map to consolidate several lots into one. Planner Shirk stated a note must be added to the condominium map which clearly states the lots are being consolidated with the condominium map. Comments from Town Attorney White as well as Public Works have been included as recommended conditions of approval; Estes Park Sanitation District expressed no concerns with the preliminary condominium map proposal. No comments were received from neighbors. Planning staff recommends approval of the proposal. Public Comment: Paul Kochevar of Estes Park Surveyors and Engineers was present to represent the applicant. He stated the applicant concurs with all of the recommended conditions of approval. It was moved and seconded (Hull/Eisenlauer) to recommend approval of the Preliminary Condominium Map, Wonderview Village Condominiums, Metes and Bounds, to the Town Board of Trustees, with the findings and conditions recommended by staff, and the motion passed unanimously. CONDITIONS: 1. Compliance with Town Attorney White's memo to Alison Chilcott dated March 23, 2006; 2. Compliance with Light and Power Department and Water Department comments found in the memo from Public Works to Dave Shirk dated March 28,2006; 3. Ten-foot-wide utility easements shall be platted around the perimeter of the lot; 4. Proposed utility service lines shall be delineated; 5. The map shall include a pedestrian easement covering the proposed sidewalk locations; 6. The map and building floor plan shall be amended to account for small changes to the development plan along the south lot line; 7. Deck dimensions shall be shown. @ra{F¢ RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 April 18, 2006 5. AMENDED PLAT, Mary's Meadow Development, Lots 2,4, and Outlot A, Mary's Lake Replat of Mary's Lake Subdivision, AND DEVELOPMENT PLAN 06-01 and PRELIMINARY CONDOMINIUM MAP, Mary's Meadow Development, Proposed Lot 4A, Mary's Meadow Replat of Mary's Lake Replat of Mary's Lake Subdivision, East of Mary's Lake Lodge at the intersection of Kiowa Drive and Mary's Lake Road, Applicant: Mary's Meadow Development, Inc. Planner Chilcott summarized the staff report, noting these items were continued from the February 21, 2006 Planning Commission meeting. The amended plat request is to adjust the boundary line between Lots 2 and 4 and remove Outlot A. The current proposal reflects a slight reduction in the size of proposed Lot 4A. Staff is supportive of this change. The applicant proposes to construct thirty-five units on Lot 4A and has addressed most of the conditions listed in the February staff report. The proposed stormwater detention area has been changed from one large detention basin to three or four small ponds. A wetlands expert was hired to determine what plantings would enhance the wildlife value of the area; those plantings are included in the proposal. Tall fencing may be necessary to protect the new plantings and may be in place for a few years. The proposed detention ponds will be constructed in the fall of 2006, with some of the planting occurring at that time. The remainder of the planting around the detention ponds would take place in the spring of 2007. Planner Chilcott stated a sidewalk along the south property line is now shown in the submitted plans. Staff recommends the addition of curb and gutter. Concerns were raised at the February meeting about fire department access to the interior of the development. Staff has since.discussed this access with Fire Chief Scott Dorman, who verified his acceptance of the plans and stated there is adequate access. The interior sidewalk will be constructed with rebar set in six inches of concrete, which will support the weight of fire trucks. Seventy-nine parking spaces are required for the development. The plans submitted originally showed nine of those spaces as "optional." Current plans reflect construction of all required parking spaces; the formerly optional spaces will be constructed during the final phase of the development. Planner Chilcott noted that some neighboring property owners have expressed concerns over the impact of the development to their property. She stated the Planning Commission can address compatibilty issues in greater detail when proposals are for a zoning change than when there is an existing use by right. The Gresslins, who own the property to the south, across from the development's proposed entrance off Kiowa Drive, requested the driveway be moved so headlights would not shine into their home. The applicant has angled the driveway and shifted its location fifteen feet to the east to address this concern. In visiting the site, staff found that headlights may still hit the home and recommends aligning the driveway so that headlights will be directed along the property line between the Gresslin's lot and the adjacent vacant lot to the east. Doing so would eliminate the need to relocate the existing postal cluster box and could save the developer money. The project engineer and the applicant contend that headlights will not shine on the home with the driveway located as is currently proposed. Some neighboring property owners have also requested the proposed common building be relocated. Planner Chilcott stated this is a much more significant request that would require site redesign and noted the location of the common building is not under the jurisdiction of the Planning Commission. Braet RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 April 18, 2006 Public Comment: Amy Plummer of Van Horn Engineering and Surveying was present to represent the applicant. She stated the applicant is agreeable to all recommended conditions of approval except the realignment of the driveway. She noted Mr. Tawney feels the proposed modifications to the drivewayl angling it and moving it fifteen feet to the east, will prevent headlights from shining into the neighbors' windows. Mr. Tawney would like to wait until the final phase of the development to add the four additional parking spaces at the northeast end of the parking area being discussed; relocating and realigning the driveway as staff has suggested would require the immediate construction of those parking spaces. Further discussion about the location of the driveway followed. Tom Gresslin of 2824 Kiowa Trail addressed the Commissioners, reiterating his concerns about the possibility of headlights shining into his windows and requesting the relocation and realignment of the proposed driveway. He expressed his appreciation of Planner Chilcott's work in reviewing this project. Frank Theis, agent for the developers of Mary's Lake Lodge, The Promontory, and Mary's Meadow Development, requested that the improvement guarantee for revegetation and wildlife enhancement of the area around the detention basins not be required to cover plantings other than basic revegetation. Town Attorney White clarified that the issue is not under the purview of the Planning Commission; the request must be presented to the Town, which handles such matters administratively. The applicant, Jim Tawney, stated the location of the driveway that Mr. Gresslin objects to is proposed to be fifty-five feet to the east of Mr. Gresslin's residence. Moving it as staff has proposed would make it seventy-five feet to the east of the house. He contends the photo exhibited to Planning Commissioners does not accurately depict the orientation of the driveway. It was moved and seconded (Klink/Hix) to recommend approval of the Amended Plat, Mary's Meadow Replat of Lots 2,4, and Outlot A of Mary's Lake Replat, a Portion of Section 2, Township 4 North, Range 73 West of the 6~h P.M., to the Town Board of Trustees, with the findings and conditions recommended by staff, and the motion passed with all Commissioners voting in favor with the exception of Commissioner Kitchen, who abstained. CONDITIONS: 1. Compliance with the affected agency comments with the exception that an easement shall not be required to discharge water from detention basins onto the downhill property. 2. Review and approval of the final drainage report by the Town staff and Larimer County Engineering Department. 3. A five-foot-wide non-motorized pedestrian trail easement shall be shown along the Lot 2A western property line. 4. The drainage notes shall be clarified and responsibility for maintenance of the detention facilities on Lot 4A shall be addressed. It was moved and seconded (Hull/Klink) to approve Development Plan 06-01, Mary's Meadow Development, Lot 4A, Mary's Meadow Replat, a Portion of Section 2, Township 4 North, Range 73 West of the 6~h P.M., with the findings and conditions recommended by staff, and the motion passed with all Commissioners voting in favor with the exception of Commissioner Kitchen, who abstained. CONDITIONS: 1. Town Board approval and recordation of the amended plat. 2. Compliance with the affected agency comments. Braft RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 April 18, 2006 3. The maximum allowable density, project net density, and lot coverage numbers found on the development plan shall be updated. 4.,The sidewalk/trail shown along Kiowa Drive is not shown with curb and gutter. The plan shall be revised to include curb and gutter. 5. This application shall be conditioned on compliance with the detention-pond enhancement report. 6. The driveway alignment shall point to the east property line of Mr. Gresslin's lot. It was moved and seconded (Pohl/Klink) to recommend approval of the Preliminary Condominium Map, Lot 4A, Mary's Meadow Replat, a Portion of Section 2, Township 4 North, Range 73 West of the 6'h p.M., to the Town Board of Trustees, with the findings and conditions recommended by staff, and the motion passed with all Commissioners voting in favor with the exception of 1 Commissioner Kitchen, who abstained. CONDITIONS: 1. Approval of Development Plan 06-01 and compliance with the Development Plan 06-01 conditions of approval. 6. PROPOSED CHANGE TO ESTES VALLEY DEVELOPMENT CODE SECTION 4.4.D AND SECTION 13.3 TO ALLOW OUTDOOR ATMs AND INTERNET/COMPUTER KIOSKS IN THE CD-Commercial Downtown ZONING DISTRICT Planner Shirk stated that a variance request approved in the summer of 2005 prompted planning staff to propose the addition of language in the Estes Valley Development Code (EVDC) to allow automated teller machines (ATMs) and computer kiosks to be placed outdoors in the downtown area. The suggested code change was discussed at the March Planning Commission meeting. Given the number of questions Commissioners had, staff agreed to clarify the wording and present the request again. Current regulations prohibit ATMs from being located outside a building in the downtown area. Internet kiosks are being used in other areas of the country and can serve a variety of informational functions, such as finding a restaurant, making a hotel reservation, dr checking the weather forecast. The Convention and Visitors Bureau has expressed a desire to install informational kiosks throughout the downtown area to assist visitors, by providing parking, lodging, entertainment, and other information. Current regulations also prohibit this type of kiosk..The machines could be operated by any property owner or renter. An ATM/kiosk could not be located in a public right-of-way unless it was operated by the Town, and if it were free-standing, it would have to meet applicable building setbacks. ATMs and kiosks could not restrict the movement of pedestrians through plazas, along adjoining sidewalks, or through other areas intended for public usage; plans would be reviewed by staff to ensure compliance with this standard. The content of a computer kiosk would be regulated by Title 9 of the Municipal Code. The additions would be made to Section 4.4.D.1.a.(3), Additional Zoning District Standards, and to Section 13.3, Definitions, as follows: §4.4.D Additional Zoning District Standards. 5. Operational Requirements. a. Outdoor Sales, Use, Storaae and Activity in the CD Zoning District. (3) Exceptions. (e) Automated Teller Machine (ATM) and/or Interactive Kiosks intended to serve walk-up customers only. ATMs or kiosks shall not obstruct the movement of pedestrians through plazas, along adjoining sidewalks, or through other areas intended for public usage. Grae¢ RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 April 18,2006 §13.3 Definitions 128.5 Interactive Kiosk shall mean a device that allows the public to access the internet, send and retrieve e-mail, or provide wayfinding or other information. These may be incorporated within an existing structure or be free-standing. They shall not be used to provide off-premise signage for other businesses. The display shall comply with the adopted sign code. Content shall be restricted to comply with Title 9 "Public Peace, Morals and Safety" of the Municipal Code. At the request of Chair Pohl, Planner Shirk and Director Joseph clarified that "off- premise signage" refers to a static sign and that display of any off-site content would have to be user-activated and limited to the screen. Commissioner Klink stated he would move to approve the proposed addition to the Estes Valley Development Code, provided that planning staff will add this clarification to the language. Public Comment: None. It was moved and seconded (Klink/Eisenlauer) to recommend approval of the proposed additions to the Estes Valley Development Code Section 4.4.D and Section 13.3 to allow outdoor ATMs and Computer/Interactive Kiosks in the CD-Commercial Downtown zoning district, at the recommendation of staff, to the Town Board of Trustees and Larimer County Commissioners, and the motion passed unanimously. 7. REPORTS Planner Shirk reported that a request will be made at the May 16, 2006 Planning Commission meeting to amend language in the Estes Valley Development Code to allow home daycare providers to have one employee to assist with daycare. The request has been prompted by local childcare providers, who have stated that having two adults in a childcare setting improves safety. Chair Pohl expressed his appreciation of planning staff, particularly Ms. Chilcott, for their work in reviewing the Mary's Meadow Development project. There being no further business, the meeting was adjourned at 2:57 p.m. Edward B. Pohl, Chair Julie Roederer, Recording Secretary Gra#t Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Plannerl~ Date: March 28,2006 Subject: Deer Ridge Final Plat Background. This is a request to subdivide two existing lots into a four lot Final Plat of the Deer Ridge Subdivision. The Town Board approved the Preliminary Plat on February 4, 2004, and a Preliminary Plat time extension on April 8,2005. The applicant is now ready to finalize the plat for sale of the lots. There has been a minor r change in the configuration of two of lots to ensure a rock 1\4%* outcropping is contained entirely on one lot and not straddling the property line; no other changes have been proposed. The site is located at 1925 Homestead Lane. Preliminary plat approval included a change of zoning from "RM" Multi-Family to "E-1" Estate, which will eliminate further development potential. Budget. N/A Action. Staff recommends APPROVAL of the Final Plat of Deer Ridge CONDITIONAL TO: pk[ 10Aill d 1. Compliance with the approved Preliminary Plat. 2. A Development Agreement shall be submitted for recording with the final mylars. This agreement shall include all required infrastructure work such as fire hydrant, water and sewer mains, drainage facilities, the road, and warranty. 3. The stormwater detention basin shall be redesigned to include 2-3 feet of earthen fill around the outer perimeter, and the outflow channel as a pipe flowing through the fill. This design shall be subject to review and approval by the Public Works Department. 4. Construction drawings shall be submitted for review and approval prior to installation of utilities. 5. Compliance with the memo from Greg White to Dave Shirk dated March 15, 2006 (these are minor technical details). <2----. -24 r,UCT• 021. nu RI,- AD,ma,F - r-727-1 ~ 1/ iA\ 1 t i i i i 11 - I . ,/\ -7.-- %.- 1# 1 *..... L.: - I 4 ..00 008. 0%=1 / 4, / / 1- -2\/ /1 , -4**13,4- 61.27.55* ---------------------- - -75.3. ~'QUik<7 -·fl/•I'.,4,) 'vi//11 ~$ mier.. UrrON BOUNDARY ANUS™INT PUT I I • Page 2 Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner-[2~ Date: April 25,2006 Subject: Streamside Cottages Preliminary Condominium Map Backaround. This is a preliminary condominium subdivision proposal to divide existing units into individual ownership, and provide for the potential development of additional units in the future. Development Plan 05-05, which - / provides for 24 units, was approved by the Planning f jc0*F '4-7-~~~~~~\\\\ l.d€94...1 Commission last year. This map -91 l 47-7.2 ...1 %.-*--2/. accounts for those units, and 2Fi provides "building envelopes" for -1 the potential development of an additional 24 units. Approval of this preliminary condominium map would not ~~ provide a vested right for the 1 1 4 additional development, which would be subject to full review and approval at the time it is proposed. A final condominium map will be filed soon, with supplemental maps to follow upon construction of units. Budget. N/A Action. At their regularly scheduled March 21, 2006 meeting, the Estes Valley Planning Commission voted 7-0 to recommend APPROVAL of the Streamside Cottages Preliminary Condominium Map CONDITIONAL TO: 1. Compliance with memo from Estes Park Sanitation District to Dave Shirk dated February 17, 2006. 2. Building envelope 5 shall not encroach into the building setback/easement. 3. Article 4 of the Declarations shall be amended to clarify that any additional units shall be subject to approval of the Town of Estes Park in accordance with applicable regulations of the then current Estes Valley Development Code, and that approval of this map does not in any way imply approval of the proposed number of units. This amendment shall be subject to review and approval of the Town Attorney. 4. Article Vlll(a)(1) of the Declaration shall be amended what the residential and commercial designations refer to, and how it relates to the units, and also how applicable regulations of the Estes Valley Development Code are effected by this provision. This amendment shall be subject to review and approval of the Town Attorney. 5. The Declarations shall be amended to address the existing units in building envelopes 5 and 6. This amendment shall be subject to review and approval of the Town Attorney. 6. Compliance with memo from Greg Sievers (Public Works) to Bob Joseph revised February 17, 2006. The ASHTO bridge will not be required until such time as a building permit for a new unit is applied for on the south side of the river. • Page 2 Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner 9-6 Date: April 25,2006 Subject: The Pines Preliminary Condominium Map Background. The Pines L~_L___ [-- apartments were built in 1982, and --p---j ~ the 48 units have been occupied by __ I 1/ Loil eligible senior citizens ever since. The funding requirements of the ~=...>---- ~___\---~A ' Farmers Home Administration have 72-1 1 expired, and the property owner ij'ii desires to condominiumize the units 1111 to allow for individual sale. No - ping_~>nolror-~~~1 additional development is proposed. A concern expressed at the ~ ~ Planning Commission meeting, as well as subsequent letters from neighbors, concerns parking. The existing 48 units, if built today, would require 84 parking spaces. Fifty-four are provided. Because this is not new development, this condominium conversion is not required to provide the additional spaces. However, Staff has reviewed the plan with the prospective buyer, the Estes Park Housing Authority, and has determined that some minor changes to the parking lot will yield 62 spaces, which will help alleviate parking pressure. In addition to this, the Planning Commission has recommended that parking be specifically addressed in the condominium declarations. Budget. N/A Action. At their regularly scheduled March 21, 2006 meeting, the Estes Valley Planning Commission voted 4-3 to recommend APPROVAL of the Pines Preliminary Condominium Map CONDITIONAL TO: 1. The north arrow shall be corrected. 2. The access easement crossing the northeast corner of the property shall be further delineated with a tie to a lot corner, distances, and directional bearings. 3. The condominium declarations shall include a section that regulates parking. 4. A water and electrical metering plan shall be submitted with the final map. 5. If future design or changes occur resulting in additional Fixture Value or Dwelling Units the property shall be required to increase the size of the service line, any cost associated with the increase in service line size shall be the responsibility of the condominium association. 6. Any new water service line or existing service line replacement shall require a Service Line Permit from the Building Department. 7. The sewer collection system shall meet current UTSD standards. 8. Per comments from the Upper Thompson Sanitation District, a Joint Use and Easement Grant between 1151 S. St. Vrain and this project should be submitted with the final map. 9. Typical concrete curb/gutter/cross pan details at the driveway connections shall be provided. 10. Driveway width sizing shall meet Estes Valley Development Code standards found in Appendix D. 11.A stormwater plan shall be provided with the final map. • Page 2 The Estes Park Housing Authority I.LA j 4 I #IIi*'lul * ·r <.'· 1 I 9#puwd.~ .-7.11 2 ' £ i <41~ Town of Estes Park 1 KNOLL 1.94 1 APARTMEN'TS 1, 41 April 25,2006 ~ < MISSION STATEMENT PINE KNOLL APARTMENTS _1~_ To ensure a balanced and -~ow Income Senior rental apartments since 1982 sustainable community, the . 48 One Bedrodm Units , Experienced a very low vacancy rate Estes Park Housing Authority , 5% (prior to the restructuring announcement) creates and facilitates . Change in financing structure forcing the current owners to convert all units to housing opportunities and Market Rate, for sale condominiums services for persons of low , Ultimate affect is that 48 affordable units will be lost and moderate income. 1 THE EPHA PROPOSAL mr One Step Forward ,/ Two Steps Back v I~le Estes Park Housing Authority is proposing 1.~ 1 . Loosing affordable housing units, in the 11 to purchase all 48 condominium units of Estes community contrary to the Mission of ' the Pine Knoll Apartments the EPHA v We will sell 23 of the units as individual . Loosing 48 units of Affordable Housing is condominiums not something Estes Park Community can afford to do. , The EPHA will retain ownership of the remaining / 25 units and leased to low income senior -~ households. mil THE EPHA PROPOSAL The Need for Senior Housing ~ . [0ancial restrictions prohibits the EPHA from keeping . .Br the year 2020 50% of our population 3* all 48 units as low income rental units. will be over 60 years of age. , 34 % of Estes Park population is 55 or over 2. , The sale of the 23 Market Rate condominiums will (based on 2000 census) >i enable the EPHA to rent the remaining units to individuals or households earning between 30-50 0/0 . Estes Park has the second highest proportion of ¥ Area Median Income. seniors over the age of 65 within Larimer County- * 21.9% 18 2 .**f 03-9,/*+RN.T Market Study The For Purchase Units , There are currently 125 1 and 2 person households in Estes area who are age 62 +, renter households and 7-~-A[ 1 of the for sale units will be rehabilitated -3 income qualified for the proposed project. ' with modernized amenities / . Excluding the Pine Knoll complex, there are 28 senior , No deed restrictions or income restrictions .0 income qualified rental units in Estes Park. ~ > Market to major employers for workforce 3 . ...It seems quite reasonable to assume that the Estes housing, current and past tenants etc„ ~ Park Housing Authority could keep 24 units filled within the 30%-50% AMI income category'. . Estimated Sales price will be $132,000 , u~ The Rental Units I The For Purchase Units lip - The rental units will serve the low to very low senior -4itizen population. ~-. There are currently 4 properties on the . Asproposed this deal will enable the EPHAto serve & ~ Market for $135,000 or less. These the segment of our population which is otherwise ¥ ~ average 325 square feet in size. The Pine extremely difficult to serve. Knoll units are 650 Sq. Ft. , This is undoubtedly the most challenging income level to serve requiring the deepest subsidies. , The estimated proposed rents will be between $320- ~ . In 2005 only 16 sales under $135,000 $550 . Household Income $9720-$27,700 (depending on ~ . Market for this price range is very strong 4* family size) Between 30%-50% Area Median Income 3 . L ~ ' The Financial Picture - 'e- i USES SOURCES ~ I. 0 0 1 Pu -chase Price 52,400,000 TEP Loan $2,700,000 ~ Re-:briftation Seller Carry 400,000 i EPHA Equity 100.000 & Deve[:cment 800.000 A. TOTAL 53,200,000 TOTAL 53,200,000 ' I - .... a.- . : . - 0 .4.14*L I "t=I L... 43 . 5.- C Permanent Financing Picture Repayment Schedule i 1 + 9. Outstanding notes $3,100,000 Estimated net proceeds from each sale $125,000 3 Minimum Repayment to Town per sale 90,000 ' Minimum Repayment to Seller per sale 25,000 Net Proceeds from Sales $2.875.000 4 At the end of 18 months $400,000 note to seller Long Term Note $225,000 will be repaid 4 At the end of 24 months $2,700,000 note to Town will be repaid 4 '10, ' *W * 1 . Goals and Objectives : 0AL f~lhft*I JI- 6.,4 f/ 7 /4~~~ 6~~ ~ *To provide quality, safe and affordable housing to the :I:':22111111£18/9(iMWPL/F<izilin/:IBI'll'illiggizil....2£*#1, senior citizens of our community tivil-/....~-4 . To preserve and add to the affordable housing stock in EN.Y.i#tru 4,!Daw'OR ~,1 1:#JU...tj Estes Park -1 47***4<17). f - U . To provide low cost housing opportunities and £. alternatives to all segments of the community in a price 4*.8/Fl. alli<'A *" .1, Ill range where little choice is available in the current market. - I . i,gr fi i.- 1 - I i' 1 - 13 1 1 - itf E Eli , lilli 1 -= '-i! r 1.4 9 1.? . ./1 - .t K 5 ./. 4 S '. ... '-a423 1 Vision for Economic Sustainability -- : Hou.*g costs in the Estes Valley continue to rise at a ma-r *--'b - - 4*- ~-r* --rr -'z- 'ro~ *,-rc- -7-1 - a rea median income, making ft tncreasingly difficult for orc: -cric[cnt: orid crrz,bycc- to Ecd zafe affordable housing in the area. In order to create - 4 and sustain a balanced community, we must ensure 927 » 1 · that a diversity of housing options for all income levels are Integrated throughout the community, providing those who choose to live here the tools to do so. i . 1 1 - THANK YOU ; ik j : 42*.+.1 . i . 9 .i ! Pil LE | KNOLL I , ~ APARTMENTS 1 2 ir, v . - 14. 1% 6 Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola -HI~Z Date: April 21, 2006 Subject: Estes Park Housing Authority Loan Background The Estes Park Housing Authority is negotiating to purchase the Pine Knoll apartments on South Saint Vrain (Colorado Highway 7). Their objective is to retain a majority of the units as senior housing while selling the remaining units at market rate so as to facilitate the elimination or at least substantial reduction of the debt that they will have on the property. To enable the EPHA to accomplish this purchase, they have asked for financing from the Town in the amount of $2.7 million. The ratio of the loan to property value is approximately 56%. The Town would be secured by a first position deed of trust on the property. The terms of the loan would be 2 years with an annually adjustable interest rate based upon our current rate of return on deposits which is 3.38% annually. Regular payments are not required; however, payments will be made as each unit is sold. If there is an outstanding balance after twelve months, the loan will re- price for the final twelve months of the loan. There is no penalty for prepayment of the loan. Budget There are various options for funding the loan from existing fund balances. The attached spreadsheet shows three options. The loan would not impact the Town's operating revenues and would in fact have a positive impact on interest income. Action Staff requests consideration of the loan to the Estes Park Housing Authority and designation of an interest rate that is % over the Town's current rate of return on short term investments. SCENARIOS FOR LOAN TO HOUSING AUTHORITY 04/18/06 Proposed loan: $2,700,000 Budgeted/targeted fund balances 12/31/2006 $2.4m rounding with additional $300K taken from Cat Loss: Option 1 - Would leave ending rounded: fund balance of: General $3,500,000 39% ######### $950,000 $2,550,000 1AP 2,100,000 24% 637,079 550,000 1,550,000 Water 1,700,000 19% 515,730 450,000 1250,000 Cat Loss 1,600.000 18% ·485,393 750,000 850,000 8,900,000 100% 2,700,000 2,700,000 6,200,000 Option 2 new Would leave ending rounding: fund balance of: General $3,500,000 39% ##Wt##### $1,050,000 $2,450,000 1,869 2,100,000 24% 637,079 650,000 1,450,000 Water 1,700,000 19% 515,730 500,000 1,200,000 Cat Loss 1,600,000 18% 485.393 500.000 1.100,000 8,900,000 100% 2,700,000 2,700,000 6,200,000 Option 3 General $3,500,000 , 48% 1,294,521 1,300,000 2,200,000 1,&P 2,100,000 29% 776,712 775,000 1,325,000 Water 1,700,000 23% 628,767 625,000 1,075,000 7,300.000 100% 2.700,000 2,700,000 4,600,000 Estes Park Convention & Visitors Bureau Memo TO: Mayor Baudek and Town Board Trustees From: Tom Pickering CC: Town Administrator Repola Date: April 20,2006 Re: Re-appointment of the Advertising Advisory Committee and new appointments for the CVB Policy Advisory Committee Background: It is time to reappoint the Advertising Advisory Committee and replace two vacancies on the CVB Policy Advisory Committee. These committees serve a two-year term for the Advertising and a one year term for the CVB and are appointed by the Mayor. The committees are comprised of interested business professionals or citizens who have been in the community for 5 to 10 years and have been active in local organizations for the betterment of the community. They are slated committees with representation from the various business sectors in the community. Budget: N/A Action for Advertising: Re-appointment of the members of the advertising committee to new two-year terms from April 2006 till April 2008 to include: Jeff Barker, Lodging; Rob Pieper, Restaurants; Tom Pickering, CVB; Peter Marsh, Communications; Kyle Patterson, Rocky Mountain National Park; Bill Pinkham, Town Board; Julie Nikolai, Group 1 Sales; Suzy Blackhurst, Public Relations. New two year appointments to the advertising committee are Cory Blackman, General Manager of the Best Western Silver Saddle representing Lodging and Teri Wright, Manager of Special Events at The Fairgrounds at Stanley Park representing events. Action for CVB Policv committee: Appoint three replacements for the 2006 CVB Policy Advisory Committee to serve the balance of the term, Appointments: Christopher Wood, owner of McGregor Mountain Lodge to represent lodging; John Buller owner of Columbine Inn to represent lodging; Julie Pieper, owner of Marna Rose's to represent restaurants. Comment: The Advertising Advisory Committee would like to recognize Jerry Donner and Linda Hinze for their years of service to the committee and wish them both the very best with their well deserved retirements. The CVB Policy Advisory Committee would like to recognize Marny Richter and Cory Blackman for their years of service and wish Marny the very best in her well deserved retirement and thank Cory for his years of service to the CVB policy advisory committee as he moves to the Advertising Committee. • Page 2 Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola __ Date: April 21, 2006 Subject: MacDonald Transit Associates, Inc., Contract Background Town and Park service staff have collaborated to provide shuttle service in town this summer using the Park's current vendor MacDonald Transit Associates, Inc. MacDonald has proposed shuttle bus service along Big Thompson Avenue and Elkhorn Avenue from July 1 through September 4, 2006. The shuttle will operate from 8:00 a.m. to 10:00 p.m. using the Visitor Center as a - hub. Currently, Town staff is working with MacDonald personnel to identify the location of stops along both Big Thompson and Elkhorn. This process includes discussions with affected property owners along Big Thompson Avenue. Once identified, Town staff will provide appropriate markings to identify the stops. The routes are estimated to take varying round trip times based upon the level of service planned. From 8:00 a.m. to 10:00 a.m. and again from 7:00 p.m. to 10:00 p.m., one bus will service the route at 30 minute intervals. Between 10:00 a.m. and 7:00 p.m., two buses will cover the routes at approximately 20 minute intervals. Given what we have learned about the bus systems in Springdale, UT (Zion National Park) and Bar Harbor, ME (Acadia NP), there will likely be changes to the schedules once we see how the plan operates in reality. Therefore, even these times are estimates at this time. MacDonald has proposed to provide service on the aforementioned routes for the years of 2006, 2007 and 2008. The prices for each year are $95,067, $98,870 and $102,825 respectively. The Town will negotiate and pay a deposit prior to the contract period each year so as to minimize its exposure to fluctuating fuel costs. Budget The 2006 budget includes $125,000 for transportation. The remaining funds will be utilized to cover related expenses such as signage. Action Staff requests consideration of the MacDonald Transit Associates, Inc. contract. cy mcDOnALD TRAnSIT ASSOCIATES, InC® 4500 MERCANTILE PLAZA DRIVE, SUITE 307 FORT WORTH, TEXAS 76137 (817) 232-9551 • (817) 232-9560 FAX March 1, 2006 Mr. Randy Repola, Town Administrator Town of Estes Park 170 Mac Gregor Avenue Estes Park, Colorado, 80517 Re: Proposal for Town Shuttle Dear Mr. Repola: Thank you for taking the time to discuss the operation of the "Town Shuttle" on Friday, February 17,2006 and March 1, 2006. Please consider the following updated proposal for operation of the service. The shuttle willlink the new Visitor Center, hotels and the downtown area. The exact route will be proposed to the Town for approval. Buses will operate every thirty (30) minutes. Passengers will be able to transfer to and from the "Hikers Shuttle" at the Visitor Center for access to the Park. There will be minimal waiting time for the connection in both directions. Two buses will be used in the operation. They will be two door buses of thirty (30) foot length that seat twenty- eight (28) passengers with windows and complete HVAC systems. The buses will be accessible to passenger with disabilities. McDonald Transit will provide the buses and all services necessary to operated and maintain the vehicles. The Town will be responsible for marketing the service. We will cooperate in that effort. The service will be provided at no charge to the passenger. McDonald Transit will identify desired bus stop locations for approval by the Town. The Town will be responsible for installation and maintenance of the bus stops. Buses will operate daily from July 1,2006 to September 4,2006. The hours of service will be from 8:00 am to 10:00 pm. Two buses will run from 8:00 am to 7:00 pm and one (1) bus will run from 7:00 pm to 10:00 pm. This results in 25 service hours per day for 66 days and atotal of 1,650 service hours in 2006. We propose the following fee for the service: 1. The price for the 2006 season is $95,067; payable in two equal installments on August 1, 2006 and September 1, 2006. Mr. Randy Repola, Town Administrator March 1, 2006 Page 2 2. McDonald Transit will take the price risk of the cost of fuel above $2.50 per gallon pursuant to a $5,000 deposit from the Town. 3. Employees on this contract are covered by the Service Contract Act (SCA)., The rate quoted above is based on the current SCA rates. Any increased promulgated by the Federal Department of Labor would be passed through to the City in the annual cost. 4. We propose a three (3) year agreement. The cost for 2007 would be $98,870 and 2008 would be $102,825. The costs for 2007 and 2008 would be adjusted based on the Service Contract Act and the fuel deposit or $2.50/gallon amount. 5. If the shuttle is successful, the Town should consider purchasing new buses for the service for the 2009 season. We will assist the Town in acquiring a Federal Transit Administration grant for that purposed. We stand ready to implement this proposal upon approval of the Town. We are donating the use of two vehicles to the servite in exchange for Rocky Mountain National Park accepting two replacement vehicles on one ofthe Park routes. For that reason; we must receive the Park's approval for this exchange before entering into the contract for the Town Shuttle. We look forward to serving you and the citizens of Estes Park. ·. Rbbert T. Babbitt President ec Albert Johnson . 1 AGREEMENT THIS AGREEMENT is made and entered into this day of ,2006 by and between the Town of Estes Park (hereinafter referred to as the "TOWN"), and McDonald Transit Associates, Inc., located at 4500 Mercantile Plaza Drive, Suite 307, Fort Worth, Texas 76137 (hereinafter referred to as the "CONTRACTOR"). WITNESSETH WHEREAS, the TOWN desires the services of the CONTRACTOR to manage and operate a fixed route transportation service; and WHEREAS, the CONTRACTOR has the requisite personnel and experience, and is capable of managing and operating said service. NOW, THEREFORE, it is mutually understood and agreed by the TOWN and the CONTRACTOR as follows: ARTICLE 1. Complete Agreement A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the agreement between the TOWN and the CONTRACTOR and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s). B. The TOWN'S failure to insist in any one or more instances upon the CONTRACTOR'S performance of any term(s) or condition(s) of this Agreement shall not be Page 1 construed as a waiver or relinquishment of the TOWN'S right to such performance or to future performance of such term(s) or conditions(s) and the CONTRACTOR'S obligation in respect thereto shall continue in full force and effect. ARTICLE 2. TOWN DESIGNEE 4 The Town Administrator shall have the authority to act for and exercise any of the rigfits of the TOWN as set forth in this Agreement. ARTICLE 3. STATEMENT OF WORK A. The CONTRACTOR shall perform the work necessary to complete in a manner satisfactory to the TOWN the services set forth in Exhibit A attached to and by this reference incorporated in and made a part of this Agfeement. All services shall be provided at the times and places designated by the TOWN. B. The CONTRACTOR shall provide the personnel listed below to 'perform the above- specified services, which persons are hereby designated as key personnel under this Agreement. NAME FUNCTIONS Albert Johnson Project Manager C. No person named in paragraph B of this Article, or his/her successor approved by the .4 TOWN, shall be removed or replaced by the CONTRACTOR, nor shall'his/her agreed-upon function or level of commitment hereund@r be changed, without the prior written cohsent of the TOWN. Should the services of any key person become no 16nger available to the CONTRACTOR, the resume and qualifications of the proposed replacement shall be submitted to the TOWN for approval as soon as possible, but in no event later than seven (7) calendar days prior to the departure of the incumbent key person, unless the CONTRACTOR is not ' provided with such notice by the departing employee. The TOWN shall respond to the CONTRACTOR within seven (7) calendar days following receipt of these qualifications concerning acceptance of the candidate for replacement. Page 2 ARTICLE 4. TERM OF AGREEMENT A. This Agreement shall commence upon execution by both parties, and shall continue in full force and effect until December 31, 2006 ("Initial Term"), unless earlier terminated or extended as provided in this Agreement. B. The TOWN, at its sole discretion, may elect to extend the term of this Agreement for the 2007 Season ("First Option Term"), and thereupon require CONTRACTOR to continue to provide services, and otherwise perform, in accordance with Exhibit A. The TOWN shall notify the CONTRACTOR in writing on or before December 31, 2006 of its extension of the Agreement. C. The TOWN, at its sole discretion, may elect to extend the term of this Agreement for the 2008 Season ("Second Option Term"), and thereupon require CONTRACTOR to continue to provide services, and otherwise perform, in accordance with Exhibit A. The TOWN shall notify the CONTRACTOR in writing on or before December 31, 2007 of its extension of the Agreement. D. The TOWN's election to extend the Agreement beyond the Initial Term shall not diminish its right to terminate the Agreement for the TOWN's convenience or CONTRACTOR's default as provided elsewhere in this Agreement. The "maximum term" of this Agreement shall be the period extending from July 1, 2006 through the end of the 2008 Season which period encompasses the Initial Term, First Option Term and Second Option Term. ARTICLE 5. PAYMENT A. For the CONTRACTOR's full and complete performance during the billing period of the Services under this Agreement, the TOWN agrees to pay CONTRACTOR as set forth in Exhibit A. Page 3 ARTICLE 6. NOTICES All notices hereunder and communication regarding the interpretations of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the Untied States mail, registered or certified mail, return requested, postage prepaid and addressed as follows: TO THE CONTRACTOR: TO THE TOWN: McDonald Transit Associates, Inc. Town of Estes Park 4500 Mercantile Plaza Drive, Suite 307 P O Box 1200. Fort Worth, Texas 76137 Estes Park, CO 80517 Attn: Robert Babbitt Attn: Town Administrator President Phone: (970) 586-5331 Phone: (817) -232-9551 Fax: (970) 586-2816 Fax: (817) 232-9560 ARTICLE 7. INDEPENDENT CONTRACTOR The CONTRACTOR's relationship to the TOWN in the performance of this Agreement is that of an independent contractor. The CONTRACTOR's personnel performing services under this Agreement shall at all times be under the CONTRACTOR's exclusive direction and control and shall be employees of the CONTRACTOR and not employees of the TOWN. The CONTRACTOR shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations * respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Page 4 ARTICLE 8. INSURANCE A. The CONTRACTOR shall procure and maintain insurance coverage during the entire term of the Agreement. Coverage shall be full coverage and not subject to self -insurance provisions. The CONTRACTOR shall provide the following insurance coverage: 1. Commercial General Liability, to include Premises/Operations, Contractual Operations, independent Contractors, and Personal Injury Liability with at least $5,000,000 of coverage; 2. Automobile Liability Insurance with the following limits: A. Combined Single Limit of $5,000,000 B. Uninsured/Underinsured Bodily Injury with limits of $25,000 per person; and C. Uninsured/Underinsured Bodily Injury with limits of $50,000 per accident; 3. Workers' Compensation with limits as required by the State of Colorado 4. Employer's Liability with limits of $1,000,000 B. Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker-issued insurance certificate, must be received by the TOWN within ten (10) calendar days from the date of execution of the Agreement with THE TOWN, its officers, directors, employees, agents, and self-insurance pool (CIRSA) designated as additional insureds. Furthermore, the TOWN reserves the right to request certified copies of all related insurance policies. C. The CONTRACTOR shall furnish to the TOWN a broker-issued certificate of insurance showing the required coverage for the CONTRACTOR and further providing that: 1. The coverage shall be primary and noncontributory as to any other insurance with respect to performance hereunder; and 2. Thirty (30) days prior written notice of cancellation or material change in insurance coverage to be given to the TOWN. Page 5 D. Governmental Immunity Act. The parties agree and understand that the TOWN is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000) per person and Six Hundred Thousand and 00/100 ($600,000) per occurrence) or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the TOWN or any of its officers, agents, volunteers or employees. , ARTICLE 9. CHANGES By written notice or order, the TOWN may, from time to time, order work suspension or make changes in the general scope of this Agreement, including, not limited to, the services furnished to the TOWN by the CONTRACTOR as described in Exhibit A. If any such work suspension or change causes an increase or decrease in the price of the Agreement or in the time required for its performance, the CONTRACTOR shall promptly notify the TOWN thereof and assert its claim for adjustment within ten (10) days after the change or work suspension is ordered, and an equitable adjustment shall be negotiated. However, nothing in this clause shall excuse the CONTRACTOR from proceeding immediately with the agreement as changed. ARTICLE 10. NOTICE OF LABOR DISPUTE Whenever the CONTRACTOR has knowledge that any actual or potential dispute may delay performance of the Agreement, the CONTRACTOR shall immediately notify and submit all relevant information to the TOWN and assist the TOWN in developing a plan to continue service. ARTICLE 11. TERMINATION A. The TOWN may terminate this Agreement for its convenience any time, in whole or part, by giving the CONTRACTOR written notice thereof. Upon termination, the TOWN shall pay the CONTRACTOR its pro rata portion of its fee for services incurred to the date of termination. Page 6 B. The TOWN may terminate Agreement for the CONTRACTOR's default if a federal or state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR, or if the CONTRACTOR makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) calendar days after written notice thereof by the TOWN. The CONTRACTOR shall be liable for any and all reasonable costs incurred by the TOWN as a result of such default including, but not limited to, reprocurement costs of the same or similar services defaulted by CONTRACTOR under this Agreement. ARTICLE 12. INDEMNIFICATION The CONTRACTOR shall indemnify, defend and hold harmless the TOWN, its officers, directors, employees, agents and self-insurance pool (CIRSA) from all losses, damages, claims for personal injury or damages to real or personal property to the extent caused by the CONTRACTOR's negligence. The CONTRACTOR agrees to indemnify the TOWN against expenses, including reasonable attorney's fees, and liability arising from any such claim or infringement provided the CONTRACTOR has the right to control the defense or settlement of any such claim in accordance with the following: (i) The CONTRACTOR, at its own cost and expense, shall indemnify, defend and hold harmless the TOWN from and against any and all claims, demands, actions, suits, damages, liabilities, losses and expenses (including reasonable attorney's fees and disbursements) for personal injury or property damage asserted by third parties to the extent caused by the negligence or willful misconduct of the CONTRACTOR in connection with the CONTRACTOR's performance, or failure to perform this Agreement hereunder ("Third Party Claims"). (ii) The TOWN shall promptly give written notice to the CONTRACTOR after obtaining knowledge of any potential or actual Third Party Claim against the TOWN as to which recovery may be sought against the CONTRACTOR because of the indemnity set forth in clause (i) above. (iii) The CONTRACTOR will have the right to defend the TOWN against any Third Party Claim with counsel mutually agreed upon by the CONTRACTOR and the TOWN. In addition: Page 7 a) The TOWN may retain separgte co-counsel at its sole cost and expense to monitor the defense of the Third Party Claim provided however, that the CONTRACTOR p shall have the right to control the defense of such Third Party Claim in the CONTRACTOR's sole discretion. b) The TOWN will not consent to the entry of any judgment or enter into any settlement with respect to such Third Party Claim without the prior written consent of CONTRACTOR; c) The TOWN shall cooperate with all reasonable request of CONTRACTOR in connection with the defense of such Third Party Claim. (iv) To the extent reasonably possible, the TOWN shall use its good faith efforts to mitigate any - losses which the CONTRACTOR is obligated to indemnify against pursuant to this indemnification paragraph. ARTICLE 13. WARRANTY The CONTRACTOR represents that it is fully experienced and properly qualified to perform the services required for this Agreement and that it is properly licensed, equipped, organized, and financed to perform the Services. The CONTRACTOR warrants that all Services shall be in accordance with this Agreement and shall comply with the performance standards of Exhibit A. In the event of a breach of this warranty, the CONTRACTOR shall take the necessary actions to correct the breach and the consequences thereof, at the CONTRACTOR's sole expense, in the most expeditious manner as permitted by existing circumstances. If the CONTRACTOR does not promptly take steps to correct the breach upon notification by the TOWN, the TOWN, without waiving any other rights or remedies it may have at law or otherwise, may do so or cause others to do so and the CONTRACTOR shall promptly reimburse the.TOWN for all expenses and cost incurred in connection therewith. Page 8 ARTICLE 14. ASSIGNMENTS AND SUBCONTRACTING Neither this Agreement nor any interest herein nor claim hereunder may be assigned by the CONTRACTOR either voluntarily or by operation of law, nor may any part of this Agreement be subcontracted by the CONTRACTOR, without the prior written consent of THE TOWN. Consent by THE TOWN shall not be deemed to relieve the CONTRACTOR of its obligations to comply fully with all terms and conditions of this Agreement. ARTICLE 15. FEDERAL, STATE AND LOCAL LAWS The CONTRACTOR warrants that in the performance of this Agreement, it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 16. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of the TOWN. Copies may be made for the CONTRACTOR's records but shall not be furnished to others without written authorization from THE TOWN. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by the TOWN. ARTICLE 17. PATENT AND COPYRIGHT INFRINGEMENT A. In lieu of any other warranty by the TOWN or the CONTRACTOR against patent or copyright infringement, statutory or otherwise, it is agreed that the CONTRACTOR shall defend at its expense any claim or suit against the TOWN on account of any allegation that any item furnished under this Agreement or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and the CONTRACTOR shall pay all costs and damages finally awarded in any such suit or claim, provided that the CONTRACTOR is promptly notified in writing of the suit or claim and given the TOWN, information and assistance at the CONTRACTOR's expense for the defense of same. Page 9 However, the CONTRACTOR will indemnify the TOWN if the suit or claim results from: (1) the TOWN's alteration of a deliverable, such that said deliverable in its altered form infringes upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination witfi other material not provided by the CONTRACTOR when such use in combination infringes upon an existing U.S. letters patent or copyright. B. The CONTRACTOR shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof. The CONTRACTOR shall not be obligated to indemnify the TOWN under any settlement made without the CONTRACTOR's consent or in the event the TOWN fails to cooperate fully in the defense of any suit or claim, provided, however, that said defense shall be at the CONTRACTOR's expense. If the use or sale of said item is enjoined as a result of such suit or claim, CONTRACTOR, at no expense to THE TOWN, shall obtain for the TOWN the right to use and sell said item, or shall substitute an equivalent item acceptable to the TOWN and extend this patent and copyright indemnity thereto. ARTICLE 18. FORCE MAJEURE Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control including, but not limited to: any incidence of fire, flood, strike; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act of omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. ARTICLE 19. DEFAULT In the event either Party shall fail to observe or perform any of the terms and provisions of this Agreement and such failure shall continue for a period of ten (10) days after receipt ofwritten notice from the non-defaulting party ("Default"),.then the non-defaulting party may terminate this Agreement, provided however, that where such Default cannot reasonably be cured within such period, and the defaulting party has proceeded promptly to cure the same and is prosecuting Page 10 such cure with diligence, the time for curing such Default shall be extended for an amount of time, not to exceed ten (10) days, as may be necessary under the circumstances to complete such cure. ARTICLE 20. COSTS Except as otherwise expressly provided above, each Party shall bear all of its own attorney's fees and other expenses related to this Agreement. ARTICLE 21. BINDING EFFECT This Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their respective successors and assigns. ARTICLE 22. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in the District Court, Larimer County, Colorado. ARTICLE 23. SEVERABILITY In the event any term, covenant or condition of this Agreement, or the application of such term covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants and conditions of this Agreement shall not be affected thereby, but shall remain in force and effect unless a court holds that the invalid term, covenant or condition is not separable from all other terms, covenants and conditions of this Agreement. ARTICLE 24. WAIVER No delay or omission by either Party to exercise any right or power occurring upon non-compliance or failure of performance by the other Party shall impair that right or power or be construed to be a waiver. A waiver by either Party of any of the covenants, conditions or Agreements to be performed by the other Party shall not be construed to be a general waiver. Page 11 ARTICLE 25. INTEGRATED AGREEMENT AND AMENDMENTS This Agreement is an integration of the ehtire understanding of the parties with respect to the matters set forth herein. The parties shall only amend this Agreement in writing with the proper official signatures attached thereto. This Agreement shall be effective upon execution by both parties. , IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. McDONALD TRANSIT ASSOGIATES, INC. By ~ « 1 Robert T. Babbitt President TOWN OF ESTES PARK BV John Baudek Mayor ATTEST: Town Clerk Page 12 Budget: The budget for the project is $1,775,000. The additions to this budget would be as follows. 1. Increase in concrete and asphalt $29,873.63 (Parks shop shares in fees to amount of $1,233) 2. Fees for project management $ 5,972.50 3. Three signs for building $ 3,000.00 Total $38,846.13 *There are several deductions to the concrete and asphalt prices that are yet to be determined and may bring the final price down, this would be the maximum increase. Action: Approve an increase in the budget to pay for the additional items of $ 37,612.82. The funds will come from budgeted funds with in the Community Reinvestment account for the Stanley Park Grandstand renovation which will not happen this year. • Page 2 Estes Park Convention & Visitors Bureau Memo To: Mayor Baudek and Board of Trustees From: Tom Pickering CC: Town Administrator Repola Date: April 21, 2006 Re: Visitors Center Project Background: With the Estes Park Visitors Center nearing completion there are three items that need to be brought to the Board. 1. Following Hurricane Katrina prices for concrete and asphalt saw - - dramatic increases as well as shortages. At that time we informed the board that rather than guess where the prices might be in May 2006 we would ask our contractors to take the 2005 bid price and return with increases to the product. This was done to protect the local contractors from facing unforeseen increases and risking business failures for causes out of their control. Dallman construction has submitted the actual cost increases. 2. Staff asked that the project architect organize weekly management meetings and act as the overall project manager. The architect is to bill for only actual hours and submit an invoice at the end of the project. 3. Due to questions of available space for signage on and around the building, the project team did not design or bid any signage for the building until it was completed, and best locations could be determined for the signage. The architect has suggested that signs be added to the building above each door. 1 The Estes Park Housing Authority ..2 lL j V 47" i F./ * -> 5 . 4/' 1 . -4 1, 1 *PINE & 1 LfkNOLL 1 51:1 Town of Estes Park [ APAR™ENm t ~ 1 April 25,2006 111 11*1 MISSION STATEMENT PINE KNOLL APARTMENTS --j-- To ensure a balanced and ,·-~-ow Income Senior rental apartments since 1982 ~ sustainable community, the , 48 One Bedroom Units . Experienced a very low vacancy rate 7 Estes Park Housing Authority . 5% (prior to the restructuring announcement) * . Change in financing structure forcing the .41'.7. creates and facilitates + current owners to convert all units to 1 housing opportunities and Market Rate, for sale condominiums J services for persons of low - . Ultimate affect is that 48 affordable units E will be lost . and moderate income. 1 One Step Forward ~ ' THE EPHA PROPOSAL Two Steps Back , The Estes Park Housing Authority is proposing . Loosing affordable housing units, in the ~purchase all 48 condominium units of Estes community contrary to the Mission of ~ the Pine Knoll Apartments the EPHA , We will sell 23 of the units as individual ~ , Loosing 48 units of Affordab[e Housing is ~ condominiums not something Estes Park Community can afford to do. , The EPHA will retain ownership of the;emaining. »9- 25 units and leased to low income sAior households. THE EPHA PROPOSAL The Need for Senior Housing Efancial restrictions prohibits the EPHA from keeping . * the year 2020 50% of our population al'148 units as low income rental units. Will be over 60 years of age. , 34 % of Estes Park population is 55 or over The sale of the 23 Market Rate condominiums will (based on 2000 census) enable the EPHA to rent the remaining units to individuals or households earning between 30-50 % . Estes Park has the second highest proportion of Area Median Income. seniors over the age of 65 within Larimer County- 21.9% 4 m. 1.~Rjt~. Market Study - e-39 -Lrr- - 9, 1 The For Purchase Units - p There are currently 125 1 and 2 person households in Estes area who are age 62 +, renter households and 7|-A[I of the for sale units will be rehabilitated income qualified for the proposed project. , with modernized amenities > Excluding the Pine Knoll complex, there are 28 senior # . No deed restrictions or income restrictions income qualified rental units in Estes Park, . Market to major employers for workforce v ' ...It seems quite reasonable to assume that the Estes housing, current and past tenants etc... Park Housing Authority could keep 24 units filled within the 30%-50% AMI income category'. . Estimated Sales price will be $132 000 The Rental Units The For Purchase Units , The rental units will serve the low to very low senior -ditizen population. 1 . There are currently 4 properties on the . Asproposedthis deal will enable the EPHAto serve Market for $135,000 or less. These the segment of our population which is otherwise average 325 square feet in size. The Pine extremely difficult to serve. Knoll units are 650 Sq. Ft. , This is undoubtedly the most challenging income level to serve requiring the deepest subsidies. , The estimated proposed rents will be between $320- . In 2005 only 16 sales under $135,000 $550 , Household Income $9720-$27,700 (depending on family size) Between 30%-50% Area Median Income , Market for this price range is very strong 4... 3 The EPHA Request --"»-- II,LI-11[ 11~[ 1--0~illili~ 4 . A loan from the Town of Estes Park to the Estes ........."121.................am//9/41...L Park Housing Authority - . Amount $2,700,000 Term: 24 months I.li./liwilmil./liwillum"/Al.li.li.liliqu'll./linE,EMI"Di,F Interest Rate: .25 % over the rate currently earned; ..,~ Adjusted after 12 months ~ ~~? '~1~~~~t*kilii- . i.~ Permanent Financing Picture Repayment Schedule 4 -4- Outstanding notes $3,100,000 ; Estimated net proceeds from each sale $125,000 Minimum Repayment to Town per sale 90,000 Minimum Repayment to Seller per sale 25,000 Net Proceeds from Sales $2.875.000 , At the end of 18 months $400,000 note to seller Long Term Note $225,000 ; will be repaid 4 At the end of 24 months $2,700,000 note to Town will be repaid 4 Goals and Objectives ---~-To provide quality, safe and affordable housing to the senior citizens of our community ·. . To preserve and add to the affordable housing stock in *57% ..,~ Estes Park 1 · 1. . To provide low cost housing opportunities and 4- «5 - 3: 9-R -1, alternatives to all segments of the community in a price range where little choice is available in the current : . le: - 34/8/0 market, . h -:I· ' 1-17 / / p ly*- .' · · , 1;+44A : 1, lar 1175 -1 1 1121 I 6,IN 6 - 11 -1 - 7.- - -/lA = Guip*10"4 1144.~5~ · 33 5 Vision for Economic Sustainability *3~ Hou©g costs in the Estes Valley continue to rise at a J. more rapid rate than the prevalent local wages and * area median incomer making it increasingly difficult j for area residents and employees to find safe ~ . 4 affordable housing in the area. In order to create ~ I t 1 and sustain a balanced community, we must ensure 4 i that a diversity of housing options for all tncorne ~ levels are Integrated throughout the community, . 1 -7 a providing those who choose to live here the tools to 1.43 - I do so. 1 1 9 1, J .- t - [9'~r g. THANK YOU , '1 1 , ' .1. r i ir i . 3 .1 7 PINE 1 k<KNOLL 1 1 APAKTMENTS 12 ---- 1.,1 ,8 - J.~ 6 PROMISSORY NOTE THE MAKER of this Note promises to pay to the order of the Payee the Principal Amount together with interest calculated at the Annual Interest Rate. The Maker acknowledges that Maker has received good and sufficient consideration for this Note. The names ofthe Maker and the Payee, the Principal Amount, the Annual Interest Rate, and other specific terms are as follows: Name of Maker: Estes Park Housing Authority Date of Note: June 1, 2006 P O Box 1200 Estes Park, CO 80517 Principal Amount: $2,700,000.00 Name of Payee: Town of Estes Park Annual Interest Rate: 3.63% per annum A Colorado municipal corporation see (i) below. 2032 Caribou Drive, Suite 102 Fort Collins, CO 80525 Default Interest Rate: 15% per annum. Payments shall be mailed or delivered to: P O Box 1200, Estes Park, CO 80517 Collateral: First Deed of Trust encumbering Units 1 through 8, inclusive, Building A, Units 1 through 8, inclusive, Building B, Units 1 through 8, inclusive, Building C, Units 1 through 8, inclusive, Building D, Units 1 through 8, inclusive, Building E, and Units 1 through 8, inclusive, Building F, The Pines Condominiums at Estes Park, Larimer County, Colorado. Payment Terms: Quarterly interest only payments are payable March 1, June 1, September 1 and December 1 of each year commencing September 1,2006. Unless sooner paid, all principal plus accrued interest is due and payable in full on June 1, 2008. Default: If any payment is not paid in full within 10 days after the due date or if Maker breaches any other provision of this Note then this Note will be in default. A default under the terms of any deed of trust or other security agreement ("Security Instrument") securing this Note also is a default under this Note. In the event of a default the Payee may accelerate the entire balance of this Note. Ifthe Payee elects to accelerate, the Maker immediately shall be obligated to pay the entire balance of principal, together with interest up to the date ofdefault at the annual interest rate, plus any additional amounts due under the Security Instrument, and together with interest at the default interest rate on unpaid principal beginning with the default and continuing until payment or until the default has been cured. Maker shall pay to Payee an additional amount equal to the Payee's costs in enforcing this Note in the event of default, including reasonable attorney fees and other costs directly related to the default, whether or not suit is commenced and whether or not the Payee elects to accelerate the balance. All such fees and costs must be paid before a default will be cured. The Payee shall not be required to give notice to the Maker in order to cause this Note to be in default or in order to accelerate the balance. There also shall be no grace period with respect to any of the payment obligations under this Note, unless a different indication is made above. I f neither the principal nor the interest is to be paid in more than one payment, but if any of the principal and interest is not paid when due, then the Maker shall be obligated for all principal, interest and other amounts owing as ofthe due date, without notice or demand, together with interest on the amounts due on this Note from and after the due date at the default interest rate, including reasonable attorney fees and other costs incurred by Payee related to the default. Other Terms: (The following provisions shall not apply to the extent that they conflict with non-printed provisions added above. (a) Interest shall begin as of the date of this Note and shall be calculated on the unpaid balance of the Principal Amount. (b) If the principal and interest of this Note are payable in installments, each installment first shall be applied to amounts advanced by Payee under the Security Instrument and attorney's fees and costs incurred by Payee in enforcing this Note, then to accrued interest and then to the reduction ofprincipal, and the Payee may use an amortization schedule to apportion the installments as between principal and interest. The amortization schedule may be based either on a 360 day year or a 365 day year, (c) Principal may be prepaid in full or in part without penalty; partial pre-payment shall not defer the due dates for, or the amounts of, succeeding payments. (d) Presentment for payment, notice of dishonor, and protest and the right to plead any and all statutes of limitations are hereby waived by Maker and any signor, guarantor or endorser hereof to the full extent permitted by applicable law, and each signor, guarantor, and endorser hereof guarantees the payment of this Note according to its terms. No extension ofpayment shall release the Maker or any signor, guarantor or endorser hereof regardless of whether given without his or its consent. (e) A subsequent holder of this Note is included in reference to "Payee". (f) All amounts due hereunder shall be paid in lawful money of the United States of America. This Note shall be construed under and governed by the laws of the State of Colorado. (g) Notwithstanding anything to the contrary contained herein, no rate of interest required hereunder shall exceed the maximum legal rate under applicable law, and, in the event any such rate is found to exceed such maximum legal rate, Maker shall be required to pay only the maximum legal rate and any excess payments shall be applied to principal. (h) The "Payee" shall include all persons named herein as Payees and any subsequent holder or holders of this Note. The term "Maker" shall include all makers named herein and all other signors, endorsers, guarantors and other parties who assume all or any part of the obligations in this Note. Any person who acquires any ownership interest in any collateral for this Note shall also be obligated as a Maker of this Note. (i) The annual interest rate above shall be adjusted on June 1,2007 equal to the average interest rate received by Payee on the investment of its fund for the period of February 1,2007 through April 30,2007 plus basis points. The adjusted interest rate shall be effective June 1,2007. Estes Park Housing Authority By: C:\Documents and Settings\Suzy Schares\Local Settings\Temporary Internet Files\OLK82\Promissory Note.town o f estes park.doc To: Town Board of Estes Park d From: ~ Residents of 'One Thousand Fines Subdivision W'e, the residents of the -above Subdivision, respectfully request that no parking be permitted on Pine Knoll Drive. We further urge the members of the town board to study this matter of the parking space needs for the Pine I<noll apartments with regard to the public safety and quality of life issues facing your neighbors in the Pine Knoll Subdivision. Name Address - lirl'ji \\.Lt- Rk}Ul A 6\/EA}0116,0 1 1031 Pluc £4:\L I'*l Ar.cOA R.hou,uor>st+ 1021 9 e.. 6,00. , ( ki n( P 714 4·L-- 44 4 2 · INCE ,-n CK'f vI ~ 10 1 0, *~i d € 4 oLL O R vit~Apet Aa» Tbi \0610 141 kia U DC n W #6 e~OUP. 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'., -1-J, 1 0, - L..™EXA /0.71 P. ..2 0 - 7{ "a"OO t 10 CES-k<a_ESSE \cmes \Au kne)\ -33t. --.>4 -7 4-40/ C 1 0 ~64 1-0Lu- IKV\r. 0 \ )1- 46/Liciti._ il.416-U-· i /02 I ¢( M i. kild f kih , ~~wizf) tu ~h#, Mf- /01-1 Qu,·-h, tiouff 0-4 . 7 t To: Town Board of Estes rjark From: =24#e=**elkGalad& ..gta,Residentsof'#One Thousand Pines Subdivision" \Ve, the resideilts of tli-e a .t)()'lre Eilll)clivisioil, respectflill~7 request tllat 110 t)arking be permitted oil Pine I<noll Drive. W 'e further urge the members of the town board to study this matter of the parking space need .s for the Pine Knoll apartments with regard to the public safety and quality of life issues facing yoi·-*r neighbors ill the Pine Ktioll Subdivision. Address 13>5-1«7.-:-- 223 ~ a go f€600, 21,7/ b·z. 2(1 -214 0, ,. 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