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Home My WebLink AboutPACKET Town Board 2010-04-27Prepared 4/19/10 611,9 *Revised IMU TOWN oF ESTES PAR]<2 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 27, 2010 7:00 p.m. AGENDA ----------- CURRENT BOARD OF TRUSTEES ---------- PLEDGE OF ALLEGIANCE. PROCLAMATION: ARBOR DAY (May 7th)/ MAY IS MONTH OF THE TREE. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated April 13,2010. 2. Bills. 3. Committee Minutes: A. April meetings for Utilities, Public Safety and Public Works cancelled. 2. REPORTS AND DISCUSSION ITEMS: 1. GRANDSTAND PROJECT UPDATE. Deputy Town Administrator Richardson. 2. WESLEYAN CHURCH / DEVELOPMENT CODE STANDARDS. Director Joseph 3. TEMPORARY POLICY TO EXTEND TIMEFRAMES BEFORE BUILDING PERMITS AND APPLICATIONS EXPIRE. Director Joseph. 4. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. Mayor Pinkham: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP 1. Overlook Condominiums, Supplemental Condominium Map #4, Lot 2, Stanley Historic District, Overlook Development at the Historic Stanley, LLC./Applicant. B. AMENDED SUBDIVISION PLAT 1. Amended Plat, Lot 27, Prospect Mountain Subdivision, PUD, 5th Filing, Robert and Theresa Bowman/Applicant. 4. ACTION ITEMS: 1. APRIL 6, 2010 ELECTION REPORT. Town Clerk Williamson. ACKNOWLEDGEMENT OF TRUSTEES DORLA EISENLAUER AND RICHARD HOMEIER. â€¢ Presentation to Trustee Eisenlauer - Mayor Pinkham. â€¢ Presentation to Trustee Homeier - Mayor Pinkham. 1 Â»4 A 10-MINUTE RECESS NEW SLATE - BOARD OF TRUSTEES 2. SWEARING-IN CEREMONY FOR NEWLY-ELECTED TRUSTEES. Municipal Judge Brown. Trustees: Eric Blackhurst, Mark Elrod and Wendy Koenig 3. MAYOR PRO TEM. Mayor Pinkham. 4. APPOINTMENTS. Mayor Pinkham. Standing Committees: â€¢ Community Development/Community Service â€¢ Utilities, Public Works and Public Safety Administrative Staff Building Code Board of Appeals Rooftop Rodeo Committee Liaison Estes Valley Planning Commission Liaison Policemen's Pension Board Miscellaneous Appointments 5. TREE BOARD APPOINTMENTS. Director Zurn. â€¢ Reappointment of Scott Roederer, expiring April 2014. â€¢ Reappointment of Chuck Levine, expiring April 2014. â€¢ Appointment of Barbara Williams, expiring April 2014. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the Ar,enriA w,q nrenmrpri 6. ARENA FLOOR IMPROVEMENTS. Manager Winslow. 7. SPECIAL EVENTS TRACTOR REPLACEMENT. Manager Winslow. 8. PARK THEATER MALL RIVERWALK CONNECTION. Administrator Halburnt. 9. EXECUTIVE SESSION POLICY. Attorney White. 10. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Jackie Williamson From: Admin iR3045 Sent: Wednesday, April 21,2010 3:54 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2647 ST. TIME 04/21 15:44 PGS. 3 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 Town of Estes Park, Larimer County, Colorado, April 13, 2010 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 13th day of April, 2010. Meeting called to order by Mayor Pro Tem Levine. Present: Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Richard Homeier Jerry Miller ~~~, Also Present: Jacquie Halburnt, Town Admigistrator Lowell Richardson, Deputy Idwh Administrator Town Attorney White /42:/ NON Cynthia Deats, Dep~f~~yvh Clerk 1 Absent: Mayor Pinkham Mayor Pro Tem Levine called the42*ting to order-at 7.00 p.m. and all desiring to do so, recited the Pledge of Allegianc eÂ«k\ -i. 2../ PROCLAMATION - 22nd Annual Estes Park Duck Race - May 1, 2010. Mayor Pro Tem Levine,fead a broclamation.designating May 1, 2010, as the 22nd Annual Duck Race 0416 Esteh Park and acknowledged representatives of the Noon Rotary Club who,Ard present. ' ~ F - 9~ PUBLIC COMMENT~%/ <-,â€ž*,--2,1 Cheryl Grigsb*<rqwn regident and ownereof Rocky Mountain Memories, expressed appreciation to the Trust@e$'for the assistance the Town provided to business owners impadied'by the PA Theatkffre in offering a credit for Community Development fees. 11 .1 Stan Gengler, Director *of ithe '~~s Valley Recreation and Park District (EVRPD), stated thht the district, in partnership with the Town, has received a GoCo grant in the amount of~$Â¢50,000 to help finance the continuation of the Fish Creek Trail and thanked the Trustees for their commitment to trail development. The grant will enable a continuation ofthe Fish Creek Trail from Scott Avenue to the Homer Rouse trail with construction potentially'beginning this fall. TOWN BOARD COMMENTS. Trustee Homeier thanked the citizens of Estes Park for putting their confidence in him as their representative for the past five years and thanked his family for supporting his participation on the Board of Trustees. Trustee Miller said that following a meeting with Sharon Seeley and others, an extension of the Riverwalk through the Park Theater Mall property may be possible by Memorial Day. In addition, he requested that staff provide follow-up information related to the availability of economic development grants. Trustee Eisenlauer expressed thanks for the opportunity to represent the community for the past four years and congratulated the newly elected board members. She encouraged the Trustees to move forward with the multi-purpose event center at Stanley Park Fairgrounds stating that the time is economically right to proceed. Board of Trustees - April 13, 2010 - Page 2 Trustee Ericson said it has been a privilege to have served with Trustees Eisenlauer and Homeier and thanked them for the guidance they provided him over the past two years. Trustee Blackhurst thanked Trustees Eisenlauer and Homeier for their unselfish service to the community. He expressed appreciation to all the voters who participated in the election process and said he looks forward to another four years of service; and reminded the public of the Estes Park Housing Authority meeting scheduled for Wednesday, April 14th. Mayor Pro Tem Levine expressed his hopes for a safe prom and after-prom for all Estes Park High School students who will be attending the events this coming Saturday, April 17th. He also expressed appreciation to Trustees Eisenlauer and Homeier, stating it has been a privilege and an honor to serve with them. 1. CONSENT AGENDA: 1. Town Board Minutes dated March 23, 2010'and Mafch 30, 2010, and Town Board Study Session Minutes dated March33(20103~~ 0\ 2. Bills. \\ 3. Committee Minutes: XE / / A. Community Development, April 1,2010/ 1. Boy Scout "CamiÂ®ree" at Stanlay Fairgrounds, September 24-26, 2010. 19#0\ \\ 2. Grandstands Sound Systent=$18 625 Ford Audio-Video. \\. h.67 It was moved and secondedNEisenlaoer/M,iler) theÂ®Â·Consent Agenda be approved, and it passed unanim~usly. ~~*1 1,~ < 2. LIQUOR ITEMS. 94% & --NeÂ»\Â» /1 9 1. PUBLIC*HEARING: NEW TAVERN LIQUOR LICENSE APPLICATION FILED /BY*"CFJM*ENTERPRISES, INC., dba TIMEOUT SPORTS GRILL AND / ,,TAPHOUSE, 358 E.'ELKHORN AVENUE. 1 %Town Clerk Williamsoh stated that an application for a new liquor license was Xfiled with the ClerKs office on March gth, with all paperwork completed, fees 0aQI>2nd postind requirements fulfilled; and reported that two of the partners hadcon)pleted TIÂ¢3 training on Saturday, April 10, 2010. Mayor Pro Tem Levind.*ened'the public hearing with Trustee Blackhurst recusing himself from fulthe74iscLssion 'due to a conflict of interest. The applicants were in attendancdiatlhe meeting and addressed the Board. Scott Joens and Brant Frazier expressed their commitment to providing good food, good service, and a good atmosphere at their new establishment and stated that they are aware of their responsibility and obligation to comply with all liquor laws. Trustee Miller said the Board takes liquor licensing seriously and expects the liquor license holder and their staff to be the first line of liquor license law enforcement. As there was no public comment, Mayor Pro Tem Levine closed the public hearing. It was moved and seconded (Ericson/Eisenlauer) that a new tavern liquor license be granted to CFJM Enterprises, Inc., and it passed unanimously with Trustee Blackhurst abstaining from the vote. 3. REPORTS AND DISCUSSION ITEMS: 1. GRANDSTANDS NAMING RIGHTS. A draft of a benefit package for naming rights for the Grandstands was prepared by staff with information gathered from other Colorado fairgrounds Board of Trustees - April 13, 2010 - Page 3 and through a review of the naming rights analysis which was done for the Estes Park Performing Arts Center. By assigning a value to the sponsorship of each event, a proposed fee structure to recoup approximately 10% of the grandstands construction cost, or $200,000, over a period of from ten to 20 years, is as follows: Number of Years Amount Per Year Total Paid for Naming Rights 10 $20,000 $200,000 15 $13,333 $200,000 20 $10,000 $200,000 25 $ 8,000 $200,000 The Trustees discussed the schedule suggesting that as the years go up, the amount of money recouped increases. They commeqded Mgr. Winslow for bringing forward the initial naming rights concept. arwd requested that staff continue with its development and research the namingrights market. 2. TOWN ADMINISTRATOR REPORT. Reception - The Town is hosting a rece'3ion to honorjoutgoing Trustees Eisenlauer and Homeier and welcorne/1-~Stees-Elect Blhckburst, Elrod, and Koenig on Wednesday, April 21, 2#6/from 4 till 6 p.m>il~the Town Hall Atrium. 4. 4,7 11 A Volunteer Recognition - The Volunte#NRecognttion Luncheon Willy'be held at the Stanley Hotel on Friday, April 23,20+0.ji'hyfown hosts this annual event to show appreciation to these who have''volunteered for the Town in the past calendar year. The winherÂ©okthe Estes*Park Pride Awards will also be announced at the luncheonj~~Â£0.~1#4~ \~X 4. ACTION ITEMS: - \\ 7> \\ N> 9â€ž~ #P 1. ORDINANCE ,#12-10\LEASE ~AGREEMENT FOR THE GRANDSTANDS CONCESSIONS. 1 The leas@4*fement'with the L~~flub for the concession stand at the Fairgrounds ht Stanl@y Park is up-for*renewal. The new lease is similar to the previBIA lease~vith the followin'3'exc*tions ~,1. The rent structtire will be 12% of gross sales, less sales tax, sales tax %44 . 1 licens@fee, fooilitense fee, and 3.2% beer license paid to the State and \~\ the Tow&.244 'Â©1 * '2. Changes recommended by Atty. White to address items that were unclear NÂ©or necessa19 due to the new construction. An 'equipment list.r is being compiled and will be available once all the equiptnedt is in'piate in the concession stand. The lease is being approved by ordinandbilricethe term of the lease exceeds one year; Attorney White read Ordinance *12-10 into the record. As a member of the Lions Club, Trustee Homeier recused himself due to a conflict of interest. It was moved and seconded (Blackhurst/Ericson) to approve Ordinance #12-10, and it passed unanimously with Trustee Homeier abstaining from the vote. 2 RESOLUTION #07-10 SURPRISE SIDEWALK SALE. The Surprise Sidewalk Sale has become a much anticipated shoulder season event in Estes Park, traditionally held in the fall. Subsequent to a Sidewalk Sale held in the spring of 2009, a group of merchants expressed interest in conducting a sale on May 1 and 2, 2010, in conjunction with the Duck Race. The sidewalk sale is open to all Estes Park businesses regardless of their location. Businesses not located in the downtown area can reserve space in Bond Park for the event by making arrangements through the Special Events Department. Due to provisions contained in the Municipal Code and the Estes Valley Development Code, the Town Board must approve a variance to allow this sale to occur. Mgr. Winslow stated that a minimal time commitment from Board of Trustees - April 13, 2010 - Page 4 Special Events staff is required during this event and that care will be taken to ensure the sidewalks remain passable at all times. It was moved and seconded (Miller/Blackhurst) to approve Resolution #07-10, and it passed unanimously. 3. GRANDSTANDS ADDITIONAL FUNDING. The approved budget for the Grandstands Project is $2.171 million. Current expenditures total $1,329,072 and the projected costs to complete the project total $1,142,038 creating a shortage of $300,110. The overages to the project are related to design changes, hazardous material mitigation, unanticipated costs related to utilities and subsequent change orders. Expenses incurred and paid at the beginning of the Grandstands Project, resulted in EPURA's financial condition being overstated by approximately $146,000 at the October 2, 2009, joint meeting between EPURA and the Towr~ Board. At its regular meeting held March 17, 2010, the EPURA Board comffitted all of its remaining funds, approximately $100,000, to the Grandstangs'~rdject. A commitment of additional funding not to exceed $200,000 from#the Community Reinvestment Fund is being requested to meet the *draridstdhds Project overruns. Discussion is summarized: the request,js ba~sed 61, bstimates, not actual costs; propose approval of $100,000 noturitil actual costs *2 known; project contingency has already been expeAded; contractor piy~applications are received monthly, miscellaneous billingls not on defined billing.c)cle; staff has negotiated approximately $235,000*in change ordÂ¢rs costs dowh,0$125,000; obligation to fully fund current signed'change*orders; and any unspent money can be returned to the Community Reinvestrhent Fund. (4 \\ %7 Ray Blum, Taylor Kohrs representative, clarifibd for the Trustees that the contractor, Taylor Kohrs, habi~ bkenthe,caus@ofthe project cost overruns. % \V It was moved/and..Reconded*Hod~iSrksenlduer) to approve additional funding foF.thetra,ids~nds Proje~t in an amount not to exceed $200,000 from the,doriimunity Â¢einvestrn1,Â¢t~und, and it passed. Those voting "Yes" Trustees*BÂ¢ic~hurst,~Eishlauer, H~in~ier, and Miller. Those voting ' No" Trustee Ericsonk / 4/MAYOR.AND TRUSTEE JOB DESCRIPTIONS. /,A review ofthe MonÂ£ipal Code related to the roles and responsibilities of *~*public officialEÂ¥)hs initiajed in December 2009. As there were no governing ~atutes dealing'with the topic, Atty. White, Town Administrator Halburnt, Mayor rrÂ¢I*m Levine,)atid Trustee Blackhurst, examined the practices of the board over~01~)ast sevbril years and, compiling information from Chapter Two of the Munict #Codefth& Code of Conduct, and with input from the remainder of the Board, puttbgether a policy statement describing duties and roles of the mayor and trustek/The document addresses representation, presiding, enactment, legislative, quasi-judicial, and communication functions and represents a snapshot of practices of the current Board. The practices are subject to change by boards in the future and should be reviewed periodically to ensure they are timely and conform to state statute. Discussion followed and is summarized: this is a policy statement of the existing board as to how to interact with one another, the public, and administration, and not part of the Municipal Code; outlines major responsibilities and duties to help guide boards in the future and attempts to show the public the types of interaction the Board has with the public, each other, and administration; details legislative, quasi- judicial and communication procedures; good document for newly elected officials who have not previously been involved in government; helps those new to the board to understand the process for communication; the board works through the channels of administration; helps to refine and define processes for the general public, as well as newly elected officials, and is a guideline for sitting board members; outlines the expectations of the Town Board of Trustees - April 13, 2010 - Page 5 Board as a whole for individual trustees and the mayor; and it is important for the Town Board to act as a whole in regard to the responsibilities of individuals. Discussion continued with comments specific to language contained within the policy statement and the mayor's role as liaison with administration. Trustee Homeier suggested delaying approval of the policy statement until input can be received from the trustees-elect. Trustee-Elect Elrod concurred that it would helpful to be involved in further discussion of this matter. Consequently, the item was tabled with action postponed until after the new board is seated on April 27, 2010, and the topic will be included on the agenda for the May 3, 2010 Town Board Work Session. Whereupon Mayor Pro Tem Levine adjourned the meeting at 9:06 p.m. /9 M / 9% 1 Chuck LevinÂ® Mayor Pt#Tem ,//e Â»L 744~1 // Cynthia Deats, Deputy Town Clerk 9 / # 1 , '0% / rx #. \ 11, 2 $ % \ &*r, h. * 4 70 1,7 / % 7 V TOWN oF ESTES PARIÂ© ADMINISTRATION Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Lowell Richardson, Deputy Town Administrator Date: April 21,2010 RE: Grandstand Update Background: The project budget is 77% expended through April 19 th. The project itself is into week twenty-five of a thirty-four week project or 73% through the project schedule. We are still on track for a completion date of June 14~, 2010. The Town Board approved additional funding for the project of $200,000 at their April 13, 2010 meeting. Of course EPURA will provide the remaining funds to offset the overages to the project estimated at $100,000. C - Budget Updates Change Orders Proiect Schedule Concession Stands Westover Construction was awarded the bid for the concessions tenant finish $29,000 plus an alternate for a desk of $500 plus a 10% contingency for a total amount of $33,000. Budget N/A Staff Recommendation: N/A Sample Motion: N/A 0 Page 1 PROJECT OVERVIEW 4/15/2010 BY TYPE Budget Actual Balance Grandstand 1,635,012 1,423,385 211,627 Contingencies/Change orders 127,737 101,497 26,240 Total Grandstands: 1,762,749 1,524,882 237,867 Demolition $35,500 $71,835 ($36,335) Supplemental Items 350,113 115,425 234,688 Concessions* 50,000 0 0 Architecture Fees 74,800 179,479 (104,679) Project Total: $2,273,162 $1,891,621 $331,541 *no detail DEMOLITION 4/15/2010 Description Budget Actual Balance Demo Old Grandstands $35,500.00 $35,500.00 $0.00 Environmental Testing 0.00 2,290.00 (2,290.00) Demo ads 0.00 366.00 (366.00) Ads 0.00 29.00 (29.00) Thorpe 0.00 24,401.00 (24,401.00) Asbestos 0.00 3,050.00 (3,050.00) Asbestos Clearance 0.00 434.00 (434.00) Lead Clearance Report 0.00 1,555.00 (1,555.00) Lead Remediation 0.00 4,210.00 (4,210.00) Totals $35,500.00 $71,835.00 ($36,335.00) STANLEY PARK GRANDSTAND 04/15/10 A B C D|E FGHI Item # Description Total Work Completed Presently Total Balance Contract This Stored Completed % to Retainage Amount Previous Period Materials & Stored Completed Finish Balance (not in D or E) D+E+F (G / C) C-G 1 Insurance $27,500.00 $27,500.00 $0.00 $27,500.00 100% $0.00 S2,750.00 2 Overhead 45,000.00 42,500.01 2,499.99 45,000.00 100% 0.00 4,500.00 3 Project Management 96,250.00 85,250.00 11,000.00 96,250.00 100% 0.00 9,625.00 4 Mobilization & Temp Facilities 55,000.00 52,500.00 2,500.00 55,000.00 100% 0.00 5,500.00 5 TK Equipment & Vehicles 15,000.00 13,000.00 2,000.00 15,000.00 100% 0.00 1,500.00 6 Safety 1,550.00 1,300.00 250.00 1,550.00 100% 0.00 155.00 7 Photographs 550.00 500.00 50.00 550.00 100% 0.00 55.00 8 Temporary Protection 7,500.00 6,500.00 1,000.00 7,500.00 100% 0.00 750.00 9 As-Builts 387.00 250.00 0.00 250.00 65% 137.00 25.00 10 Cleanup 4,500.00 3,500.00 500.00 4,000.00 89% 500.00 400.00 11 Surveying 7,500.00 7,250.00 250.00 7,500.00 100% 0.00 750.00 12 Demo/Earthwork/Utilities 145,000.00 140,000.00 5,000.00 145,000.00 100% 0.00 14,500.00 13 Bldg Foundation Concrete 105,000.00 105,000.00 0.00 105,000.00 100% 0.00 10,500.00 14 Bldg Interior Flat Concrete/Trench Drain 50,000.00 35,000.00 15,000.00 50,000.00 100% 0.00 5,000.00 15 Trench Drain 10,000.00 5,000.00 5,000.00 10,000.00 100% 0.00 1,000.00 16 Stonework 42,750.00 0.00 0.00 0.00 0% 42,750.00 0.00 17 Structural Steel/Misc Metal 55,675.00 39,730.00 15,945.00 55,675.00 100% 0.00 5,567.50 18 Wood, Lumber/Plywood 60,500.00 0.00 54,450.00 54,450.00 90% 6,050.00 5,445.00 19 Pre-engineered Metal Bldg 365,000.00 300,000.00 50,000.00 350,000.00 96% 15,000.00 35,000.00 20 Site Concrete 55,000.00 5,000.00 10,000.00 15,000.00 27% 40,000.00 1,500.00 21 Plumbing 75,000.00 50,000.00 7,500.00 57,500.00 77% 17,500.00 5,750.00 22 HVAC & Mechanical 40,000.00 0.00 0.00 25,000.00 25,000.00 63% 15,000.00 2,500.00 23 Walk-In Cooler/Freezer 10,000.00 0.00 0.00 0.00 0% 10,000.00 0.00 24 Electrical 140,000.00 112,500.00 10,000.00 122,500.00 88% 17,500.00 12,250.00 25 Bleachers 135,000.00 0.00 131,625.00 131,625.00 98% 3,375.00 13,162.50 26 Framing & Drywall 15,350.00 0.00 2,500.00 10,000.00 12,500.00 81% 2,850.00 1,250.00 27 Doors/Hrdware/Hollow Metal 12,250.00 0.00 0.00 7,500.00 7,500.00 61% 4,750.00 750.00 28 Insulation 2,500.00 0.00 0.00 0.00 0% 2,500.00 0.00 29 Aluminum Windows & Glazing 5,000.00 0.00 0.00 0.00 0% 5,000.00 0.00 30 EPDM Roofing 3,500.00 O.00 0.00 0.00 0% 3,500.00 0.00 31 Plam 3,500.00 0.00 0.00 0.00 0% 3,500.00 0.00 32 Toilet Partitions & Accessories 8,500.00 0.00 0.00 0.00 0% 8,500.00 0.00 33 Tile 2,000.00 0.00 0.00 0.00 0% 2,000.00 0.00 34 Flooring 5,000.00 0.00 0.00 0.00 0% 5,000.00 0.00 35 FRP 5,000.00 0.00 0.00 0.00 0% 5,000.00 0.00 36 Painting/Staining & Coatings 15,000.00 0.00 3,500.00 3,000.00 6,500.00 43% 8,500.00 650.00 37 Signage 1,000.00 0.00 0.00 co.00 0% 1,000.00 0.00 38 Fence&Gates 3,750.00 0.00 0.00 0.00 0% 3,750.00 0.00 39 Landscaping 2,500.00 0.00 0.00 0.00 0% 2,500.00 0.00 40 Bike Racks 500.00 325.00 0.00 325.00 65% 175.00 32.50 41 C/O #1 PCO #4 Bldrs Risk 1,735.00 1,735.00 0.00 1,735.00 100% 0.00 173.50 42 C/O #1 PCO #8 Standpipe 5,619.10 5,619.10 0.00 5,619.10 100% 0.00 561.91 43 C/O #1 PCO #9 NW Grading 3,156.80 1,500.00 0.00 1,500.00 48% 1,656.80 150.00 44 C/O #1 PCO #12 Precon Addtl 74.49 74.49 0.00 74.49 100% 0.00 7.45 45 C/O #1 PCO #13 Bldg Elevation 641.41 320.71 0.00 320.71 50% 320.70 32.07 46 C/O #1 PCO #14 Flowfill 3,995.15 3,995.15 0.00 3,995.15 100% 0.00 399.52 47 C/O #2 PCO #15 Added Formwork 1,885.20 1,885.20 0.00 1,885.20 100% 0.00 188.52 48 C/O #2 PCO #16 Water & Sanitation 6,842.50 6,842.50 0.00 6,842.50 100% 0.00 684.25 49 C/O #2 PCO #17 Minor Utility Changs-Gerri 1,365.00 1,365.00 0.00 1,365.00 100% 0.00 136.50 50 C/O #2 PCO #22 Addtl Survey Costs for Maj 2,295.68 2,295.68 0.00 2,295.68 100% 0.00 229.57 51 C/O #2 PCO #30 Pothole & Excavate Existin 1,367.41 1,367.41 0.00 1,367.41 100% 0.00 136.74 52 C/O #3 PCO #46 Larger Pier Footings 30,000.00 30,000.00 0.00 30,000.00 100% 0.00 3,000.00 53 C/O #4 PCO #10 Water & Gas line to Under 5,659.39 5,659.39 0.00 5,659.39 100% 0.00 565.94 54 C/O #4 PCO #11 NE Entrance 4,695.89 0.00 0.00 0.00 0% 4,695.89 0.00 55 C/O #4 PCO #19 Year Round Use Power Ch. 12,430.06 12,430.06 0.00 12,430.06 100% 0.00 1,243.01 56 C/O #4 PCO #23 Water Room Larger 1,465.90 100.00 1,365.90 1,465.90 100% 0.00 146.59 57 C/O #4 PCO #25 Credit PCO from C/O #2 (2,307.60) (2,307.60) 0.00 (2,307.60) 100% 0.00 (230.76) 58 C/O #4 PCO #27 HW Heater Exhaust Flues 734.24 0.00 0.00 0.00 0% 734.24 0.00 59 C/O #4 PCO #28 Light Ballast Change - PRP, 573.16 573.16 0.00 573.16 100% 0.00 57.32 60 C/O #4 PCO #31 Revised Storm Sewer 3,176.84 3,176.84 0.00 3,176.84 100% 0.00 317.68 61 C/O #4 PCO #35 Bldg Elevation Cert 640.78 640.78 0.00 640.78 100% 0.00 64.08 62 (/0 #4 PCO #38 Rock Excavation Water Lin 6,390.52 6,390.52 0.00 6,390.52 100% 0.00 639.05 63 C/O #4 PCO #39 Rock Excavation Storm Lin 2,697.05 2,697.05 0.00 2,697.05 100% 0.00 269.71 64 C/O #4 PCO #47 Install Modified Type C Inl, 3,755.59 0.00 0.00 0.00 0% 3,755.59 0.00 65 C/O #4 PCO #48 Storm Protection Flow Fill 964.56 964.56 0.00 964.56 100% 0.00 96.46 66 (/0 14 PCO #52 12" Foundation Wall 0.00 0.00 0.00 0.00 #DIV/0! 0.00 0.00 67 C/O #5 PCO #33 Elec Heater Yr Round Mec 7,286.99 0.00 6,500.00 6,500.00 89% 786.99 650.00 68 C/O #4 PCO #34 Weatherstrip topside of di 2,698.69 0.00 0.00 0.00 0% 2,698.69 0.00 69 C/O #5 PCO #36 Freezer warranty 1,506.38 1,506.38 0.00 1,506.38 100% 0.00 150.64 70 C/O #5 PCO #37 SE Retaining Wall charges 450.01 0.00 0.00 0.00 0% 450.01 0.00 71 C/O #5 PCO #41 Ramp Changes 775,01 0.00 775.01 775.01 100% 0.00 77.50 72 C/O #5 PCO #42 Ceiling insulation R25 to A 0.00 0.00 0.00 0.00 #DIV/01 0.00 0.00 73 C/O #5 PCO #43 NW Exterior Stair Change: 975.00 0.00 0.00 0.00 0% 975.00 0.00 74 C/O #5 PCO #44 Steps & Walls Line A6-A7 1,475.00 0.00 1,475.00 1,475.00 100% 0.00 147.50 75 C/O #5 PCO #51 Addtl Deeper Bldg Founda 1,550.00 1,550.00 0.00 1,550.00 100% 0.00 155.00 76 C/O #5 PCO #54 Add Couplings for H20 lini 275.00 275.00 0.00 275.00 100% 0.00 27.50 STANLEY PARK GRANDSTAND 04/15/10 A B C D|E FGHI Item # Description Total Work Completed Presently Total Balance Contract This Stored Completed % to Retainage Amount Previous Period Materials &Stored Completed Finish Balance (not in D or E) D+E+F (G / C} C-G 77 C/O #5 PCO #57 Unknown Buried Foundati 1,050.01 1,050.01 0.00 1,050.01 100% 0.00 105.00 78 C/O #5 PCO #58 Remark 8-Line & Mark C-l 485.00 485.00 0.00 485.00 100% 0.00 48.50 79 C/O #5 PCO #59 Added Rock Exc Sanitary S 1,910.77 1,910.77 0.00 1,910.77 100% 0.00 191.08 80 C/O #5 PCO #64 Backflow Preventer 2,343.27 2,343.27 0.00 2,343.27 100% 0.00 234.33 81 CO #5 PCO #65 Credit for Dirt (300.00) 0.00 0.00 0.00 0% (30000) 0.00 82 C/O #5 PCO #66 Added 2nd Framing Wall 485.00 0.00 485.00 485.00 100% 0.00 48.50 83 C/O #5 PCO #67 Change Bid Listed Mtl BldE 0.00 0.00 0.00 0.00 #DIV/0! 0.00 0.00 84 C/O #5 PCO #68 Help Redesign Storm Sewâ‚¬ 0.00 0.00 0.00 0.00 #DIV/0! 0.00 0.00 85 C/O #5 PCO #70 Ext relocated Storm Sewet 1,777.00 1,777.00 0.00 1,777.00 100% 0.00 177.70 86 C/O #5 PCO #73 Change Slab on Grade Reb 3,275.00 3,275.00 0.00 3,275.00 100% 0.00 327.50 87 C/O #6 PCO #72 Plug & Cap West H20 line 717.99 0.00 0.00 0.00 0% 717.99 0.00 88 C/O #6 PCO #78 Added Door Hardware 382.37 0.00 382.37 382.37 100% 0.00 38.24 89 C/O #6 PCO #79 Finish Pain Change Red Iro 2,187.78 0.00 2,187.78 2,187.78 100% 0.00 218.78 90 C/O #6 PCO #50 S Concrete Paving to Asph (4,961.80) 0.00 0.00 0.00 0% (4,961.80) 0.00 93 C/O #6 PCO #71 Added Schedule Time 0.00 0.00 0.00 0.00 #DIV/0! 0.00 0.00 95 CIO #6 PCO #80 Electrical Lighting Changes 0.00 0.00 0.00 0.00 #DIV/0! 0.00 0.00 96 C/O #6 PCO #81 Added Gate Valves at Tow 1,538.75 0.00 1,538.75 1,538.75 100% 0.00 153.88 ~Totals | $1,762,749.34 | $1,134,102.44 | $345,279.80 | $45,500.00 | $1,524,882.24 | 87% | $237,867.10 | $152,488.22 | CURRENT APPLICATION FOR PAYMENT 1 ORIGINAL CONTRACT SUM $1,635,012.00 2 Net Change by Change Orders 127,737.34 3 CONTRACT SUM TO DATE (1+/-2) 1,762,749.34 4 TOT COMPUSTORED TO DATE 1,524,882.24 5 RETAINAGE (10% OF 4) 152,488.22 6 TOTAL EARNED LESS RETAIN (4-5) 1,372,394.02 7 LESS PREVIOUS PMNTS 1,020,692.19 8 CURRENT PAYMENT DUE 351,701.83 9 CURRENT SALES TAX DUE 0.00 10 TOTAL AMOUNT DUE ~ 351,701.83 I 11 BAL TO FINISH (3-6) $ 390,355.32 CONTINGENCIES/CHANGE ORDERS 4/15/2010 Description Budget Actual Balance C/O #1 PCO #4 Bldrs Risk $1,735.00 $1,735.00 $0.00 C/O #1 PCO #8 Standpipe 5,619.10 5,619.10 0.00 C/O #1 PCO #9 NW Grading 3,156.80 1,500.00 1,656.80 C/O #1 PCO #12 Precon Addtl 74.49 74.49 0.00 C/O #1 PCO #13 Bldg Elevation 641.41 320.71 320.70 C/O #1 PCO #14 Flowfill 3,995.15 3,995.15 0.00 C/O #2 PCO #15 Added Formwork 1,885.20 1,885.20 0.00 C/O #2 PCO #16 Water & Sanitation 6,842.50 6,842.50 0.00 C/O #2 PCO #17 Minor Utility Changs-Gerrard 1,365.00 1,365.00 0.00 C/O #2 PCO #22 Addtl Survey Costs for Major Util 2,295.68 2,295.68 0.00 C/O #2 PCO #30 Pothole & Excavate Existing Sani 1,367.41 1,367.41 0.00 C/O #3 PCO #46 Larger Pier Footings 30,000.00 30,000.00 0.00 C/O #4 PCO #10 Water & Gas line to Underground 5,659.39 5,659.39 0.00 C/O #4 PCO #11 NE Entrance 4,695.89 0.00 4,695.89 C/O #4 PCO #19 Year Round Use Power Changes 12,430.06 12,430.06 0.00 C/O #4 PCO #23 Water Room Larger 1,465.90 100.00 1,365.90 C/O #4 PCO #25 Credit PCO from C/O #2 (2,307.60) (2,307.60) 0.00 C/O #4 PCO #27 HW Heater Exhaust Flues 734.24 0.00 734.24 C/O #4 PCO #28 Light Ballast Change - PRPA Rebate 573.16 573.16 0.00 C/O #4 PCO #31 Revised Storm Sewer 3,176.84 3,176.84 0.00 C/O #4 PCO #35 Bldg Elevation Cert 640.78 640.78 0.00 C/O #4 PCO #38 Rock Excavation Water Line 6,390.52 6,390.52 0.00 C/O #4 PCO #39 Rock Excavation Storm Line 2,697.05 2,697.05 0.00 C/O #4 PCO #47 Install Modified Type C Inlet 3,755.59 0.00 3,755.59 C/O #4 PCO #48 Storm Protection Flow Fill 964.56 964.56 0.00 C/O #4 PCO #52 12" Foundation Wall 0.00 0.00 0.00 C/O #5 PCO #33 Elec Heater Yr Round Mech Chan 7,286.99 0.00 7,286.99 C/O #4 PCO #34 Weatherstrip topside of deck 2,698.69 0.00 2,698.69 C/O #5 PCO #36 Freezer warranty 1,506.38 1,506.38 0.00 C/O #5 PCO #37 SE Retaining Wall changes 450.01 0.00 450.01 C/O #5 PCO #41 Ramp Changes 775.01 0.00 775.01 C/O #5 PCO #42 Ceiling insulation R25 to R30 0.00 0.00 0.00 C/O #5 PCO #43 NW Exterior Stair Changes 975.00 0.00 975.00 C/O #5 PCO #44 Steps & Walls Line A6-A7 1,475.00 0.00 1,475.00 C/O #5 PCO #51 Addtl Deeper Bldg Foundations 1,550.00 1,550.00 0.00 C/O #5 PCO #54 Add Couplings for H20 line 275.00 275.00 0.00 C/O #5 PCO #57 Unknown Buried Foundation 1,050.01 1,050.01 0.00 C/O #5 PCO #58 Remark B-Line & Mark C-Line 485.00 485.00 0.00 C/O #5 PCO #59 Added Rock Exc Sanitary Sewer 1,910.77 1,910.77 0.00 C/O #5 PCO #64 Backflow Preventer 2,343.27 2,343.27 0.00 C/O #5 PCO #65 Credit for Dirt (300.00) 0.00 (300.00) C/O #5 PCO #66 Added 2nd Framing Wall 485.00 0.00 485.00 CONTINGENCIES/CHANGE ORDERS 4/15/2010 Description Budget Actual Balance C/O #5 PCO #67 Change Bid Listed Mtl Bldg 0.00 0.00 0.00 C/O #5 PCO #68 Help Redesign Storm Sewer 0.00 0.00 0.00 C/O #5 PCO #70 Ext relocated Storm Sewer 1,777.00 1,777.00 0.00 C/O #5 PCO #73 Change Slab on Grade Rebar 3,275.00 3,275.00 0.00 C/O #6 PCO #72 Plug & Cap West H2O line 717.99 0.00 717.99 C/O #6 PCO #78 Added Door Hardware 382.37 0.00 382.37 C/O #6 PCO #79 Finish Pain Change Red Iron 2,187.78 0.00 2,187.78 C/O #6 PCO #50 S Concrete Paving to Asphalt (4,961.80) 0.00 (4,961.80) C/O #6 PCO #71 Added Schedule Time 0.00 0.00 0.00 C/O #6 PCO #80 Electrical Lighting Changes 0.00 0.00 0.00 C/O #6 PCO #81 Added Gate Valves at Town Water Line 1,538.75 0.00 1,538.75 Totals $127,737.34 $101,497.43 $26,239.91 SUPPLEMENTAL ITEMS 4/15/2010 Description Budget Actual Balance Drainage Study/Improvements $25,000.00 $0.00 $25,000.00 Materials Testing 10,000.00 0.00 10,000.00 Design Fees 15,000.00 0.00 15,000.00 Construction Management 15,000.00 0.00 15,000.00 Water Tap Fees 109,000.00 115,425.00 (6,425.00) Foundation 5,000.00 0.00 5,000.00 VIP Chairs 30,000.00 0.00 30,000.00 Sound System 60,000.00 0.00 60,000.00 Use of Existing Facilities 5,000.00 0.00 5,000.00 Builders Risk Insurance 1,700.00 0.00 1,700.00 Landscaping 60,000.00 0.00 60,000.00 Community Development 14,413.00 0.00 14,413.00 Totals $350,113.00 $115,425.00 $234,688.00 ARCHITECTURE FEES 4/15/2010 Description Budget Actual Balance Project Programming $5,984.00 $5,984.00 $0.00 Schematic Design 3,740.00 3,740.00 0.00 Design Development 7,480.00 7,480.00 0.00 Construction Documents 41,140.00 41,140.00 0.00 Bidding or Negotiation 2,244.00 2,244.00 0.00 Construction 14,212.00 2,132.00 12,080.00 Additional Recoverables Original Contract 0.00 7,771.00 (7,771.00) Ad Hoc Committee 0.00 17,844.00 (17,844.00) Height variance 0.00 26,872.00 (26,872.00) Parking lot design 0.00 2,000.00 (2,000.00) Water detention pond 0.00 5,533.00 (5,533.00) Smoke detection sign 0.00 5,469.00 (5,469.00) Water system redesign 0.00 4,841.00 (4,841.00) Year round use 0.00 3,450.00 (3,450.00) Standpipe design 0.00 3,582.00 (3,582.00) Additional structural designs 0.00 11,024.00 (11,024.00) Other recoverables 0.00 2,067.00 (2,067.00) Professional services 0.00 22,334.00 (22,334.00) Extra bid analysis 0.00 2,507.00 (2,507.00) Alt Value engineering 0.00 1,465.00 (1,465.00) Totals $74,800.00 $179,479.00 ($104,679.00) TOWN oF ESTES PAIUÂ© Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Bob Joseph, Community Development Director Greg White, Town Attorney Date: April 22, 2010 RE: Wesleyan Church / Development Code Standards; (Masonic Lodge) Background: This memo is in response to Trustee Homeier's request made at the last Town Board meeting on April 13 for a report on the religious assembly use at 1820 S. St. Vrain (Masonic Lodge). The Masonic Lodge property has been zoned for Two Family Residential use since the 1980's. The property is currently zoned R2 Two Family Residential. Under the existing zoning the lodge use is a legally grandfathered non-conforming use. Prior to 2000 the lodge use was permitted by special review; however the lodge is old enough to pre-date any requirements for a development plan review of the site that would consider adequate facilities such as parking and access. Sometime in the 1980's the lodge began leasing or renting their building for religious assembly on the weekends, perhaps limited to Sunday service, while the lodge continued to use the building for their meetings. At that time religious assembly was not a permitted use on the property, and this is still the case today. So the current religious assembly use on the property of is not a legally grandfathered use. Community Development staff did initiate communication with the lodge regarding the non- conforming church use in the mid-nineties, but no action resulted, either on the part of the Town or the lodge. At that time, the nonconforming religious use was arguably a part-time accessory use and not the principle use of the structure. In 2003 the Town issued a sign permit for the Estes Park Wesleyan Church at that location. Compliance with the applicable EVDC development code provisions for religious assembly would require a rezoning of the property (to RM) and approval of a development plan that would entail paving and landscaping of the parking lot, relocation of the highway access, and possibly some drainage improvements. Alternatively, the religious assembly use would have to relocate to a new site with the appropriate zoning. Page 1 In 2000 the RLUIPA federal land use protection act that protects religious assembly from discriminatory land use regulation was enacted. The following RLUIPA description is provided by Wikipedia: The Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub. L 106- 274,42 U.S.C. Â§2000cc-1 et seq. is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please, as well as giving churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use. RLUIPA's Effect on Zoning: Currently being litigated is the conflict RLUIPA presents to municipalities' zoning and regulating rights. Through RLUIPA, Congress has expanded religious accommodations to a point where it appears to restrict municipalities' zoning power. Arguably, RLUIPA gives religious landowners a special right to challenge land use laws which their secular neighbors do not have. Even if a zoning law is void of discrimination, the court reviewing a challenge will apply strict scrutiny to the city's regulation. The ability of the Town to require compliance with the applicable EVDC provisions for religious assembly use of the property is questionable due to the lack of enforcement over such a long period of time, the granting of a sign permit for this use, and/or the possible applicability of the RLUIPA to the religious assembly use of the property. Page 2 TOWN op F TES PAIUÂ© 2190610.0.RJV(D39316] WALELUu Memo I -/h... .9 .. TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Bob Joseph, Community Development Director Date: April 21,2010 RE: Temporary Policy to Extend Timeframes before Building Permits and Applications Expire Background: Staff is requesting Town Board authorization of a temporary policy to extend timeframes before building permit applications and building permits expire. Staff has received multiple requests to extend application and permit expiration dates, beyond what the strict letter of the codes allow. The current economic conditions are almost always the reason given for the requests. There are other projects where the business owner and/or the property owner failed to request the final inspection and the permit has expired. For expired applications, the strict letter of the code requires the building official to assess plan review fees and 20% of the permit fee and to dispose of the submitted documents. To obtain a permit, the applicant would be required to re-apply with new submittals and pay additional fees. The temporary policy will extend application expiration dates until January 1, 2011. At that time, unpaid applications will expire and the applicants will be assessed fees for services that have been provided. For projects not completed but with expired permits, the temporary policy will extend the permit expiration date until January 1, 2011. The January date is significant, because it is staff's proposed effective date for adoption of the 2009 1-Codes. For projects with expired permits that only need the final inspection, the temporary policy extends the expiration date for 30 days after staff mails a notice to the permit holder. Budget: Normal fees for renewal of expired permits and applications would not be collected (General Fund). Staff Recommendation: Approve temporary policy as described above. Sample Motion: I move to approve/deny Staff authorization to implement a temporary policy to extend timeframes before building permit applications and building permits expire until January 1,2011. Page 1 TOWN oF ESTES PARIÂ© 0 Memo Community Development TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Dave Shirk, Planner,*~' Date: April 27,2010 RE: SUPPLEMENTAL CONDOMINIUM MAP Overlook Condominiums, Supplemental Condominium Map #4, Lot 2, Stanley Historic District, Overlook Development at the Historic Stanley, LLC./Applicant. Background: This is the fourth supplemental condominium 44 -1 1 * 1 \ 1 -1- map for the Overlook development, located 1 (51 north of the Stanley Hotel. The Town Board f- - --9 LJ approved the preliminary condominium map in 4Â·-4~L- r.-4----1 +M T February 2004. This proposed supplemental n ; < map finalizes two units, with six of the forty-six 1-1 1 1 - 1\- til ;449 j approved units remaining to be finalized. -1-- 2.. -4.-/ \ ITt Â·, I. Air' , r~ Stanter Hotel El W 5 -> This map is consistent with the approved Yx--7 - (:Tioulli|,8 ...2-11Â¥0 I .~,4 preliminary plat and development plan. The purpose of this map is to allow individual sale of the units (state law prohibits finalization of 1 1- -5 7,-kn'_Â·1.-_-__ *. / ----g*iÂ« condominium map until the unit is substantially complete). Budget: N/A Staff Recommendation. Staff recommends APPROVAL of the proposed Overlook Condominiums 4th Supplemental Map (Units 406 and 408). Sample Motion: I move to approve the proposed Overlook Condominiums 4th Supplemental Map (Units 406 and 408). Page 1 2 M .5-14 F 05.z.z .*air----2\,-3-t , 8--1 \ S r ..00504 s , " . 44 10===91 W 11 , 88& d <> / iilli '~ % 1 -01 1 1 . . : Bill 9 .0.Wl e il Iii 111 w - 010 0 . 3 ' 2 4%Â·9 \. i lic . 121. Mliti / 1 .tl.12.10) S 1 + m N 8 I. / 7 T-7 7-7-7-7-/ 7- ry p--*-749-7-1---~.7 9 0,~ 11 4 : am Hili: O 5 a '11 i 5 , r--1 4 A 01 9 : fl f-vft Lkw I.â‚¬4/e' 0%1 E i f.tfifi & IL-2\.A . 18 16 0 2 0 . i.\Vi il:ili (&&62-=.4 4 LO li N /14 40 Z F i nillii d ' 11-116 21 1!!h:i; 11 24+2 1 1,1 U . , 1 m, mit:IN il - N hi lurn., ci ,m- 1 ..' s m-- -- \ 11 -1, F1 1 , I,il 4 L. / 11 4 0 114 41 11 " 1 1 El I r -v.%4 X r.- ' .1 1 1,M S 1\9'' - X . lil /iti \~i I 141 i /0 il 0 4 ih 11 1 1 ' f .AA ,/It % t 11 4 Â·e; 41' 41 11 1 *hi i , J. - 1 2 1.1, lilli .... 3.<\7 R . LIE 0 & rn 1. 0 1 1 11 il:li :I l / 4 T ' 3 Â¢-\Um ya '11. 11 k'IIi eic a 2 7 P / / -- g M #il ill Â£14 'le _ A i I 1 // ip 6 ! jill 1 ~ A I, U tj8 w : 1 1 ,Â».14109049, U - 'r s - C, 11 / \ + %4 -It I \ E i 41 46 j j 334 ~: 6. 1. 9 11 1 22 8 1 1 i;: .i Of; i Â£ i m 1 ' 2:Â¥M .1*~ Li.-lill $ *Z. EM f ~ 2* *-'w@T' f ---391.rmy,Trf-1 d i - 14 ' f' lit ZE.<ML 31 - I , 2 'il i RM L - -rÂ»_/ 4 1 4 1 1 4-1 1 a //,4 0 i ,/0 lilli M.'* 5 1/'i . / .4 TJY 1 *Affeit 6,4*1 , U '16 01'11 IN :11% 1% *Ima -- Z -- 213â‚¬1 5 3 k''I 4* 1"Ikie"lery N i . 441 - E Â£2Â¥9 Win ; 9 44* 4 ;1 019 r. ti i 0 @ ili K--Itamegrth==;7 -..Z -*1 0 EÂ£1=Â§12:WI'lil '.Y L--~u-~-Â£ 215.20' 119 _mlila~E~!El FOUND 05 REBARf\-1 Â«900 '000, SINGU FAIm:Y 62 Ll fEE EZE SUPPLEMENT 72Â·.7. . iki -Bll en I Z I 2:i . 34 e 8 #G - 0.- 12 h .Â£ 0 - K 9. / jdj 49 iI -1./1 - B St e * 10- -- ir / 41 m U ,s. k-_-1 1 a i 4 l. -- n f .go- - = 0.Â£ 0 - 442 8012222,5 00 - - 7r~ __ r-- ------ 0. i (Fi=il , : 1 1 71 L.J 1 11 bli 0. 399 111#U ...1 16 0., ... TOWN OF ESTES PARIQ I Memo Community Development TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Planner and Robert Joseph, Director Ap. Date: April 27,2010 RE: AMENDED SUBDIVISION PLAT Amended Plat, Lot 27, Prospect Mountain Subdivision, PUD, 5th Filing, Robert and Theresa Bowman/Applicant. Background: This above referenced property is zoned R-Residentia/, is addressed 475 Peak View, and contains a single-family dwelling unit. The property owners have submitted an amended plat application to expand the platted building envelope to encompass the entire dwelling and deck as constructed in the mid-1980s. During staff review of a building permit application to expand the deck (Building Permit #8862), staff became aware of the encroachments into the building envelope and required submittal of this application. A location map (aerial photo) is provided below. .â€¢_Il- ' Z..e-- - .... ..411. 4, ... .. . 1 - 4- . 1. . 1,t 1 -2Â»~ - T ., .4 . R-/ - .Ir-I- 17~ I 2-4 r i.,4 .. V. 44 : 4 0 ....1 1'* 2kÂ·â€¢~â‚¬ ''N . . .4 P *74/9/1//Milipt/6 + 1 '. . 11 9 -1 1 ' L f â€¢ ' '1'4 4Ee~ in. I Alâ‚¬ ' . 4 I . f.,...i'. Lill, ,4 . 11.-4 749 Lk-.t., 1.Â·g'Â·â‚¬Â·p .1 14 - AÂ¢ The below plat show the areas of building and deck encroachment that would be corrected with this plat. Page 1 rn . T., 1 ck t. - 0 :,1.%.4Â£N~ :.:? k f - ...11, . Budget: N/A Planning Commission Recommendation: On April 20, 2010 the Estes Valley Planning Commission unanimously voted (6-0 with one absent) to recommend approval of the application with staff's findings and conditions. The recommended conditions of approval are provided below. 1. The final plat shall dedicate a ten-foot-wide drainage easement contiguous to, and along the full length of, the western property line. 2. The final plat shall show the fifteen-foot-wide drainage easement and ten-foot wide utility easement immediately east of this lot. These easements are shown on the preliminary plat. 3. The final plat note shall be revised to state, "The amended front-yard building envelope is for deck improvements only." Sample Motion: Approval I move to approve this application with the findings and conditions recommended by the Estes Valley Planning Commission. Denial I move to deny this application. Page 2 lilli -2-Â® TOWN or ESTES PAR1<L Â· 41. Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: April 21, 2010 RE: April 6, 2010 Election Report Background: STATEMENT AND CERTIFICATE OF DETERMINATION REGULAR MUNICIPAL ELECTION HELD APRIL 6,2010 TOWN OF ESTES PARK Precinct #1 FOR TRUSTEE: Total Votes Cast ERIC W. BLACKHURST * 724 WENDY KOENIG* 1457 MARK ELROD * 746 PAUL FISHMAN 665 DAVID HABECKER 272 ART BLUME 455 DORLA EISENLAUER 563 *Elected to 4-yr. terms Total Active Registered Voters = 3,600 Total Registered Voters = 4,471 TOTAL VOTES CAST = 1,854 Percentage Turnout = 51.5% for active = 41.5% for all voters Page 1 In reviewing past election results for Municipal Elections in which only Trustees were elected, it is quite evident that an all mail ballot election yields a higher turnout. The last Trustee only election was held in 2006 and yielded a 19.8% turnout. Ballot particulars: A total of 3,698 ballots were issued with 199 returned to the County undeliverable. In most cases this was due to a forwarding address. The election law states that ballots are not to be forwarded and are to be sent back to the election official as undeliverable. The County received 1,864 ballots by the 7:00 p.m. cut off on April 6, 2010; however, 10 ballots were missing the required signature on the back of the envelop. The County election office sent each elector a letter informing them a signature was required and by state law gave each the opportunity to come in and sign the envelop eight days after the election. Therefore a total of 1,854 ballots were counted. The Town hired the Larimer County election office to conduct the all mail ballot election on April 6, 2010. The election was completed more efficiently and required considerably less Town staff time. The County's professional team was extremely helpful during every step of the process. On April 16~h, County Election Officials and I conducted an audit of the election, and as we found no discrepancies, we certified the returns. Deputy Clerk Deats was instrumental in placing all election information on the website including the candidate bios and photos and reconfiguring the website in an effort to make the information clear and easily accessible. As all invoices have not yet been received, an election expense report will follow in the near future. Budget: N/A Staff Recommendation: NA Sample Motion: N/A 2010 COMMITTEE ASSIGNMENTS Town Board Meeting April 27, 2010 BOARD OF TRUSTEES: Mayor: William (Bill) C. Pinkham Trustees: Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Chuck Levine Jerry Miller Mayor ProTem: Trustee Chuck Levine Community DevelopmenUCommunity Services Committee Chuck Levine, Chair Mark Elrod Jerry Miller Utilities, Public Works & Public Safety Committee Eric Blackhurst, Chair John Ericson Wendy Koenig Liaison Appointments Rooftop Rodeo Committee Liaison - Trustee Koenig Estes Valley Planning Commission Liaison, Trustee Elrod Supporters of the Performing Arts Liaison, Trustee Ericson LMD Marketing Committee Liaison, Trustee Miller Administrative Staff Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Jackie Williamson, Town Clerk Gregory A. White, Town Attorney John P. Frey, Assistant Town Attorney Steve McFarland, Town Treasurer/Town Clerk ProTem Gary R. Brown, Municipal Judge John W. Easley, Jr., Assistant Municipal Judge 1 . Building Code Board of Appeals, 2-yr. Terms, Expiring 04/12 Karl Ertl (Re-appointment) Steve Lane (") Kerry Prochaska (") Policemen's Pension Board Pinkham, Mayor McFarland, Treasurer Williamson, Secretary Kufeld, Police Chief Miscellaneous Appointments Audit Committee: Mayor Pinkham Trustee Ericson Halburnt, Staff McFarland, Staff North Front Range Water Quality Planning Association Boles Platte River Power Authority Board of Directors Mayor Pinkham, 4/12 Bergsten, 12/11 Windy Gap White Boles, Alternate Larimer County Open Lands Advisory Board John Ericson - expires 6/12 Larimer Emergency Telephone Authority Board Kufeld - expires 12/14 2 TOWN OF ESTES PARIÂ© Memo PARKS DEPARTMENT TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Estes Park Tree Board Date: April 27, 2010 RE: Tree Board Re-Appointments - Scott Roederer and Chuck Levine Background: Scott Roederer, who has served on the Tree Board since 2002, and Chuck Levine, who has served since 2006, are currently filling terms which expire this month. Scott is the current president of the Tree Board and has been a well-respected and effective leader for the group. He has been instrumental in establishing and expanding the Estes Park Tree Symposium, the Legacy Tree Program, and the Arboretum. Chuck has served as the Tree Board's Town Board liaison and continues to be an invaluable asset in all Tree Board activities. Budget: N/A Staff Recommendation: The Estes Park Tree Board recommends the re-appointments of Scott Roederer and Chuck Levine to Estes Park Tree Board membership, with terms expiring in 2014. Sample Motion: I move to approve/deny the re-appointments of Scott Roederer and Chuck Levine to Estes Park Tree Board membership, with terms expiring in 2014. 01 j TOWN OF ESTES PARI<t /339,4t:~94%4~1 it)17 ~~i'f~~~ ds* .9 7. 21.i,Â·.P'< r Memo PARKS DEPARTMENT TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Estes Park Tree Board Date: April 27, 2010 RE: Tree Board Appointment - Barbara Williams Background: Bob Seifert, an eight-year member of the Tree Board, retired from the board upon the expiration of his last term this month. Tree Board members Rex Poggenpohl, Sandy Burns and Craig Adams interviewed three candidates for the open position and were impressed with the background and qualifications of Barbara Williams. f~--3 Mrs. Williams has a long history in Estes Park - her father ran the concessions area at Hidden Valley Ski Resort in Rocky Mountain Park and owned the Grand Lake Lodge as well as some other seasonal Estes Park businesses. Mrs. Williams has been a permanent resident of Estes Park for 10 years. She was very active in the former Estes Valley Improvement Association, the local Girl Scouts program, and is a long-time member of the Sierra Club. Mrs. Williams spent most of her career in the south Chicago suburbs and has worked for the Army Corps of Engineers and the Environmental Protection Agency as an environmental analyst. She has a great interest in Tree Board activities, most especially the Tree Legacy program and the Arboretum. Budget: N/A Staff Recommendation: The Estes Park Tree Board recommends the appointment of Barbara Williams with a term expiring April, 2014. Sample Motion: I move to approve/deny the appointment of Barbara Williams to the Tree Board with a ( term expiring in April, 2014. TOWN oF ESTES PARIQ_ Memo - - I - I - - - :- ..â€ž2* I :Pl CEÂ®mmm113'llip=r:Â·ff:,7/45; 1.~ :ti TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Bo Winslow, Events Manager, & Greg Sievers, Project Manager Date: April 27, 2010 RE: Fairgrounds Arena Resurfacing Background: The three equestrian arenas at the Fairgrounds have not had been resurfaced in four years. They total 28,000 square yards of surface area, and are in need of both leveling and improving the surface quality. The surface needs to drain storm water properly as well as provide proper and safe footing for horses. Public Works put together a package of details that was released to four (3 local) contractors for Quotes. Results are: EZ Excavating Loveland No reply Fairbanks Excavation Estes Park $ 54,000 Kearney & Sons Estes Park No reply Kitchen & Company Estes Park $ 42,050 *The no reply' contractors were interested but currently busy. Budget: This project was budgeted for $50,000 and is included in the 2010 Events Budget, account # 222-5500-455.32-22. Staff Recommendation: Staff recommends accepting the price quote from Kitchen & Company and also requests to purchase additional arena sand and material to stockpile for repairs as needed throughout the summer. Staff requests to spend up to the budgeted amount. Sample Motion: I move to approve/deny the staff request to hire Kitchen & Company to provide the stated improvements for the equestrian arena resurfacing at the Fairgrounds at Stanley Park, and to spend up to the budgeted amount. TOWN or ESTES PARIÂ© Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Dave Mahany, Public Works Superintendent Date: April 18, 2010 RE: Special Events Tractor Replacement (Vehicle Replacement Fund 635-7000-435-34-42 / p. 166) Background: The 2010 Vehicle Replacement Fund includes $45,000 for the replacement of Special Events Tractor G103 (1988 Ford 545A Tractor). This Tractor is 22 years old with 2,162 hrs, it is within the Vehicle Replacement Guidelines for Type 11 on time of 12-15 years or 6,000 hrs. MAPO (Municipal Association of Purchasing Officials) bids were used on the pricing of this equipment, MAPO is the same type bidding as Colorado State Bid only it is used for Equipment Purchasing, Colorado State bid is goods, services, and vehicles. John Deere Company; Longs Peak Equipment (Dealer), Longmont, CO. (MAPO Bid) John Deere 5105M Utility Tractor...............................................$47,304.42 Trade-in 1988 Ford 545A ....................................................$ 4,500.00 Bid Price = $42,804.42 Colorado Equipment: Ft. Collins, CO. John Deere 5105M Utility Tractor...............................................$48,616.88 Trade-in 1988 Ford 545A ....................................................$ 2,500.00 Bid Price = $46,116.88 Budget: $45,000.00 - Vehicle Replacement Fund 635-7000-435-34-42 / p. 166 $42,804.42 - Cost Staff Recommendation: Staff recommends trading the Ford 545A Tractor and purchasing the John Deere 5105M Utility Tractor from John Deere Company (Dealer: Longs Peak Equipment of Longmont CO.) for the cost of $42,804.42. Sample Motion: I move to approve/deny the purchase of a new John Deere Tractor from John Deere Company (Dealer: Longs Peak Equipment, Longmont CO.) for the cost of $42,804.42. Page 2 Â· 12=21, TOWN of ESTES PARIÂ© ADMINISTRATION Memo TO: Honorable Mayor Pinkham Board of Trustees From: Jacquie Halburnt, Town Administration Date: April 22, 2010 RE: Park Theater Mall Riverwalk Connection Background: Rick Grisby, owner of Rocky Mountain Memories, contacted Mayor Pro Tem Chuck Levine about a Riverwalk connection through the Park Theatre Mall. He was leaving town and asked Trustee Jerry Miller to meet with Mr. Grisby. They discussed possible connection scenarios and a meeting was set up on April 7, 2010 to further discuss the issue. In attendance were Trustee Miller, Jacquie Halburnt, Scott Zum, Sharon Seeley, Bob Seeley, Andrew (Sharon's brother) and Mr. Grisby. At the meeting everyone agreed that a Riverwalk connection was a positive benefit for the community, but the purpose of the committee was only to make a recommendation to the Town Board for consideration. Since the meeting, Greg White drafted a Memorandum of Understanding (MOU), which is attached. Ms. Seeley has proposed changes to the MOU and has signed the revised MOU included as an attachment. These changes have not been reviewed by Attorney White. Trustee Miller, Mr. Grisby, and Ms. Seeley worked with Westover Construction to draft a connection and cost estimate, which are attached for your review. Also attached To eliminate any liability on the Town's part or the need to obtain an easement, the idea is to give Ms. Seeley the money to complete the River walk so she is responsible for any maintenance, upkeep and liability associated with the connection. Budget: $11,000 Catastrophic Loss Fund Staff Recommendation: N/A Sample Motion: I move to approve/deny the funding of a riverwalk connection through the Park Theater Mall property at a cost of $11,000 from the Catastrophic Loss Fund. Page 1 DRAFT #1, 4/19/10 , MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, is effective this day of , 2010, by and between THE TOWN OF ESTES PARK, COLORADO, a Municipal Corporation (the "Town"), and , (the â€ž(h,riler"). RECITALS The Owner is the owner of certain real property known as the Park Theater Mall (the "Mall"). The Mall building was destroyed by fire in October of 2009. The debris from the fire has been removed from the Mall. The Owner contemplates rebuilding the Mall beginning in the fall of 2010. The Town owns and maintains the Riverwalk through downtown Estes Park. The Riverwalk does not cross the Mall. The parties desire that a temporary pedestrian crossing (the "crossing") be opened across the Mall property for the purpose of connecting the Riverwalk across the Mall. The Owner will construct, operate and maintain the crossing, and the Town will pay for the cost of the construction of the crossing. IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN, the Town and the Owner agree as follows: 1. Attached hereto as Exhibit A is the design of the crossing showing the approximate location, fencing, signs and lighting. It shall be the responsibility of the Owner to construct the crossing substantially in accordance with Exhibit A. 2. The Town shall be responsible for the cost of the construction of the crossing. The Town shall pay the Owner the cost within ten days o f presentation of a pay request detailing the cost to be incurred by the Owner for construction of the crossing. The Town's responsibility shall not exceed $ 3. The Owner shall be responsible for obtaining all required permits including, but not limited to, building permits, for the crossing. The Town shall waive all Town permit fees for the crossing. 4. The Owner shall have the crossing open by May 28, 2010 subject to any delays caused by weather or other matters beyond the control of the Owner. 5. The crossing shall be open to the public subject to any periodic closing by Owner, in Owner's sole discretion, due to inclimate weather, maintenance or construction activities on the Mall, or security concerns for the Mall. DRAFT #1, 4/19/10 6. The crossing shall remain open until November o f 2010 unless the Owner needs to close the crossing ill order to begin construction or other activities on the Mall. This period may be changed by mutual agreement of the parties. 7. The Town, other than the payment of the amount set forth in Paragraph 2 above and the waiving o f permit fees, shall not be responsible or have any liability for the crossing. Due to the fact the crossing shall allow pedestrians to access the Town owned Riverwalk on the east and west of the Mall, the Owner agrees to hold the Town harmless from the claims of third persons against the Town arising out of the construction, operation, maintenance and use of the crossing, and to defend, at Owner's expense, all actions for damages arising out of such actions which may be brought against the Town by third persons. 8. The Town specifically understands and agrees that the Owner is not granting the Town nor the public any right-of-access to the Mall, any easement, public or private, any prescriptive right, or any other property interest in the constructing and maintaining of the crossing across the Mall. TOWN OF ESTES PARK By: Town Administrator OWNER By: Resvisâ‚¬C> MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, is effective this day of , 2010, by and between THE TOWN OF ESTES PARK, COLORADO, a Municipal Corporation (the "Town"), and , (the "Owner"). RECITALS The Owner is the owner of certain real property known as the Park Theater Mall (the "Mall'D. The Mall building was destroyed by fire in October of 2009. The debris from the fre has been removed from the Mall. The Owner contemplates rebuilding the Mall beginning in the | fall of 2010. The Town owns and maintains the Riverwalk through downtown Estes Park. The Riverwalk does not cross the Mall. The parties desire that a temporary pedestrian crossing (the "crossing') be opened across the Mall property for the purpose of connecting the Riverwalk across the MaIL The Owner will construct, operate and maintain the crossing, and the Town will pay for the cost of the construction of the crossing. IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN, the Town and the Owner agree as follows: 1. Attached hereto as Exhibit A is the design of the crossing showing the approximate location, fencing, signs and lighting It shall be the responsibility of the Owner to construct the ~ crossing substantially in accordance with Exhibit A. The Town acknowledges that the east end of the crossing will originate on and attach to Town property. | 2. The Town shall be responsible for the cost of the construction of the crossing The -I Deleted:. Town shall pay the Owner the cost within ten days of presentation of a pay request dehiling the cost to be incurred by the Owner for construction of the crossing The Town's responsibility shall not exceed $10.000. with signage. trash removal. and general maintenance not to exceed Sl.000 in the aggregate., ,- ~Deleted: 3. The Owner shall be responsible for obtaining all required permits including, but not limited to, building permits, for the crossing. The Town shall waive all Town permit fees for the crossing. 4. The Owner shall have the crossing open by May 28, 2010 subject to any delays caused by | weather. unforeseen or unanticipated delays, or other matters beyond the control of the Owner. 5. The crossing shall be open to the public subject to any periodic closing by Owner, in ~ Owner's sole discretion, due to inclimate weather, maintenance. lapse or inadequacy of preinises liability insurance, or construction activities on the Mall, or security concerns for the Mall. DRAFT #1, 4/19/10 6. The crossing shall remain open until November of 2010 unless the Owner needs to close the crossing in order to begin construction or other activities on the Mall. This period may be changed by mutual agreement of the parties. At Owner's discretion the crossing may be closed on October 314 - _ 1 Fonnatted: Superscript } 7. The Town, other than the payment of the amount set forth in Paragraph 2 above and the waiving of permit fees, shall not be responsible or have any liability for the crossing Due to the | fact the crossing shall allow pedestrians to access the Town owned Riverwalk on the east and far west of the Mall, the Owner agrees to hold the Town harmless from the claims of third persons against the Town arising out of the construction, operation, maintenance and use of the crossing, and to defend, at Owner's expense, all actions for damages arising out of such actions which may be brought against the Town by third persons. Notwithstanding the foregoing. Owner shall not be responsible for claims. or defending claims. relating to the alleged actions. or failure to act. on the part of the Town or its agents/representatives. 8. The Mall crossing and walkway west of the Mall adiacent to the Park Theatre and the property known as the River shops are the private property of the Owner ("Owner's Private Property'l. The Town specifically understands and agrees that the Owner is not granting the Town nor the public any right-of-access to Owner's Private Property, any easement, public or _ --1 Deleted: the Mall 1 private, any prescriptive right, or any other property interest in the Owner's-pnvate prope*by this Memorandum of Understanding or in the funding, constructing and maintaining o f the crossing across the Mall. The Town agrees to hold the Owner harmless from Owner's loss or expense arising from any future claim(s) by the Town or its governmental/political subdivisions or districts to the effect that the Owner has compromised/waived/altered any of its private property rights by reason o f this Memorandum of Understanding. its execution. or by public/Town use of the crossing. TOWN OF ESTES PARK By: Town Administrator OWNER: Park Theatre Mall. LLC By: | Sharon Seeley. its Managing Afember - DRAFT #1, 4/19/10 MEMOR*NDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, is effective this Z Z ni day of A HAL , 2010, brand between THE TOWNOFESTES PARK, COLORADO, a Muolcipal Comontion (the "Town"), and32,mgmAE*mk-MAU.-1.U, (the "Owne19. i RECTIAU The Owner is lhe owncr of cext min mal propetty known as the Park Theater Mall (the 'Mall"). :[he Mail building was destroyed by fire in October-of 2009. The debds from the fire has been removpd from the Mall The Owner contmnplates rebuilding the Mall beginning in the faiI of 2010: The.Town ownsand maintains the Riverwalk thzough downeown Esces P=t The Rive:walk does not cioss the Mall. The parties desire that a temporary pedestiian crossing (the .. D be opened across the Mill propecty for the putpose of connecting the Riveiwalk across thZ Mall. 1[he Owner 411 Â©onst,uct opente and maintain the ctossi~* and the Tqwn will pay forthe Â¢ost of the momuction ofthe ccossing. IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN, the Town and the Owner agree as follows: 1. Attachedihemto as Ekbibit A is the design ef thc cKOssing showinglhe appmximate loca*ion, fencio* signs and lighting It shall be the responsibility of the Owne to oonstruct the crossing subst*niiallyin Econtance will,Exhibit.A. lhâ‚¬Townacknowicdges-thatlhe eastend of the Cfo*Sing will atigisate on end attach 'o Town property. 2. The Town shall be asponsible forthe cost ofthe wasmiction of the crossing. The Town shallpgy ttle Ownef the cost within ten dayS ofpm*entation ofapay mquest detailingthe cost to be inaund by the.Owna for coastniction ofthc cEossing> The Town's msponsibility shall not exceed *10,000,with signage, trash removal andgeneint maintenance not m exceed 1 . $ 1,000 in the agg,egate 3. The Owner shall be iesponsible for obtaining all required peimits inclu,ing, but not limited to, buildi4* pe:mit@, fof the cnossing The Town shall waive all Town permit fees forthe crossing. 4. The Owner shall have the crossing opea by May 28,2010 subject to any delays caused by t weathet unfotescen or unanticipated delays, ocother matters beyond the control of the Ownet 5. The crossing sball be open to the public subjectto any penodic closing by Owner; in Owods sole discketion, due to indimate weathet maintenance,lapse or inadequacy of premises liability insurance, of construction activides on the Mall, or sccutity concerns h the Mall Â·r. . - 1 I. , DRAFT #1,4/19/10 6. The crossing shall remain open until November of 2010 unless the Ownez seeds to close the CEOSsiogic order to begin constructkn or other activities on the M,11 This paiod may be changed by mutxal :greement of the parties. At Ownces discretion the crossing may bc closed on October 31*. 7. The Town, otha th:o the payment of the amount set forth in Pa~agraph 2 above and the waiving ofpermit fees, sballilot be responsible or have any liability forthe crossing. Due to the 1*ct the crossing shall allow pedestrians to access the Town owned Riverwalk on the eastand far west of tile Mill,{hc Own= agrees to hold the Town haimless &0m the daims of thirdtpersons against the Wow:â„¢ising out of the construction, opetation,maintenance and use ofthâ‚¬ aossing, and m defend, mt Owne:fs expense, all actions for dainages atising out of sock actions whicb may be biaught,gaing the Town by third pasons. Nolvithstanding the fo=going, Owner shdl not be =spoonible for dmins, qi defending claims, fulating no the alleged actions, Ot fâ€¢ilute ta act on ihe part offhe Town orits agents/fep*entatives. 8. 'Ilic Malliccossing and walkwfwest oflhe Mall adjacent to the Paik llicatre and lhe propelly known:as the Rivet shops Kie thepiivate piopetty oftbe Ownet Â¢'Owner's Pdvate Propâ‚¬*,3. Ibc Town specifically. understin Is and agmes tbat the Ownet is not gunting the Toen car the public any **t-of*cessÂ®o Owne,~s P,ivatePropeny, any easemen; public ox parate, any.p:**gitiptive Eigh& .of my other pÂ®operty inteest in the Owne:?s Pdvate Pi:Openy by this Memorandum ofOnderstanding orin the funding Â©onst~uctiog and maiotaining ef the - erossing~actoss the Mal The Town â€¢gmes to holdthc Owner haonless from Ownefaloss or expeosc atising Rom anyÂ·future daim@ by the Town or its governmental/political subdivisions oi distticts 06 thieffect *at the Owner has coihpmmised/wgived/alte=d aoy ofits pavate property dghtsby mason of this Memonddum of Undent,nding; its:execution, or by public/Town us. of the CtossiAg. . TOWN OF E,IES PARK By: Town Administrator ~ OWNER: Park Theatre Mall, LLC Â»44444 2,2 Sharon .Sedcy, its Man.gi,g Membe; . 1 ~ GENERAL CONTRACTORS WESTOVER CONSTRUCTION, INC April 21, 2010 To whom this may concern: Westover Construction proposes to construct approximately 200' of temporary fence across the old Park Theatre Mall area. The work is to be done according to the drawing provided by Westover Construction, dated 4/20/20. -The cost to construct the walkway as shown is $6,550. We did not include any cost for any building permit in this cost. -The cost to have all of the wood stained is $620 -The cost to add lighting to the walkway would be $2,600. This would include 5 hanging light fixtures and all associated wiring and electrical permits required. The total cost of all of this proposed work is $9,770. Signing below demonstrates acceptance of this contract. Contractor: Owner: fÂ«-CT I M. 1 1, r \1 11\: .91/Â£ 1-2t ..0. 1% 31 fi 1 1 P 11 li 11 Ir 11 111- 00 :11 CO ZE q 0 ij > 11 11 2 N H -/ 11 if b Z CO l! epag 7 48 It 219% i 2'2 E N 2431 00 / 1 20.0 11 :128 6 '1 10#i If 2 9 12 4 6- 1 i. 2 1 02 ill B r" 1/1 :' 3 -98 11 52#NE 1, 8*85 41' 11 2.4/ 11 P .229 1 d E m f z 2 teitâ€¢ ij *ZESE t: /58*9 }1 2 229 0 CO 41 4 H 111 11 2885 J ~Â»V--V~-9--Â»-Â·~x 11 \ i' \ 11 \ 1 11 1 2 1 00 k 2 1% 8 6 11 . 4 111; u /4 1 1 1.2.2 Â·51 03 %9~21 v*ov \ c 111181 b 80 &12 1 :Â¤ C 0 ~ 1 ~f~Ei~ 2 K 03 1 1 92 6 21-* 1% I. 1% 1/1/ i , 1% 1- 1/ 1 ff .1 2 0 00 8 11 + < S e 1,0- - S j m I Â£ 2 3 , 1 , TOWN OF ESTES PARK EXECUTIVE SESSION PROCEDURE April 27,2010 Executive Sessions may only occur during a regular or special meeting of the Town Board. Limited Purposes. Adoption of any proposed policy, position, resolution, or formal action shall not occur at any executive session. Procedure Prior to the time the Board convenes in executive session, the Chair shall announce the topic of discussion in the executive session and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, including the specific statutory citation as enumerated below. 1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4)(a), C.R.S. 2. For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4)(b), C.R.S. 3. For discussion of a matter required to be kept confidential by federal or state law, rule, or regulation - Section 24-6-402(4)(c), C.R.S. 4. For discussion of specialized details of security arrangements or investigations - Section 24-6-402(4)(d), C.R.S. 5. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24-6-402(4)(e), C.R.S. 6. For discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees. 7. For consideration of any documents protected by the mandatory non-disclosure provision of the Colorado Open Records Act - Section 24-6-402(4)(g), C.R.S. 1 . r Electronic Recording. A record of the actual contents of the discussion during an executive session shall be made by electronic recording. If electronic recording equipment is not available or malfunctions, written minutes of the executive session shall be taken and kept by the Town Clerk, if present, or if not present, by the Chair. The electronic recording or minutes, if any, of the executive session must state the specific statutory provision authorizing the executive session. The electronic recording or minutes, if any, of the executive session shall be kept by the Town Clerk unless the Town Clerk was the subject of the executive session or did not participate in the executive session, in which event, the record shall be maintained by the Chair of the executive session. If written minutes are kept, the Chair of the executive session shall attest in writing that the written minutes substantially reflect the substance of the discussion during the executive session and such minutes shall be approved by the Board at a subsequent executive session. If, in the opinion of the attorney who is representing the Board, and who is present at the executive session, "all or a portion" of the discussion constitutes attorney-client privileged communications: 1. No record shall be kept of this part of the discussion. 2. If written minutes are taken, the minutes shall contain a signed statement from the attorney attesting that the unrecorded portion of the executive session constituted, in the attorney's opinion, privileged attorney-client communications. The minutes must also include a signed statement from the Chair attesting that the discussion in the unrecorded portion of the session was confined to the topic or topics for which the executive session is authorized pursuant to the Open Meetings Law. Executive Session Motion Format 1 MOVE TO GO INTO EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b). For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(e). To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.R.S. Section 24-6-402(4)(a). 2 .. For discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. For discussion of a matter required to be kept confidential by the following federal or state law, rule or regulation: under C.R.S. Section 24- 6-402(4)(c). For discussion of specialized details of security arrangements or investigations under C.R.S. Section 24-6-402(4)(d). For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.R.S. Section 24-6-402(4)(g). AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES (The Chair may ask the Town Attorney to provide the details): The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum present. Board Action Following Executive Session The Chair shall announce whether or not the Chair expects any formal action and/or discussion be taken by the Town Board following the return to open session Retention of Electronic Recording or Minutes. The Town Clerk shall retain the electronic recording or minutes for ninety (90) days following the executive session. Following the ninety (90) day period, the recording or the minutes shall be destroyed unless during the ninety (90) day period a request for inspection of the record has been made pursuant to Section 24-72-204(5.5) C.R.S. If written minutes are taken for an executive session, the minutes shall be approved and/or amended at the next executive session of the Town Board. In the event that the next executive session occurs more than ninety (90) days after the executive session, the minutes shall be maintained until they are approved and/or amended at the next executive session and then immediately destroyed. 3 ANNOUNCEMENT ANNOUNCEMENT TO BE MADE BY THE CHAIR AT THE BEGINNING OF THE EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO ADVISED BY THE TOWN ATTORNEY. It'S , and the time is . For the Record, I am , the Chair (or Vice-Chair) of the Board of Trustees. As required by the Open Meetings Law, this executive session is being electronically recorded. Also present at this executive session are the following person(s): This is an executive session for the following purpose: (repeat the language of the motion, including the statutory citation) I caution each participant to confine all discussion to the stated purpose of the executive session, and that no formal action may occur in the executive session. If at any point in the executive session any participant believes that the discussion is going outside of the proper scope of the executive session, please interrupt the discussion and make an objection. The close of the executive session is in the Chair's discretion and does not require a motion for adjournment of the executive session. The Chair shall close the executive session by stating the time and return to the open meeting. After the return to the open session, the Chair shall state that the Town Board is in open session and whether or not any formal action and/or discussion shall be taken by the Town Board. 4 . ..4/1.- ~ri 6 Ill'll. Bidifflitarl"'in..0/.9./Ailljk/59/1//0. Ir f....."I----v--4 ~ t. ..A. I 9 l /: =0% 7 e #M I .9 r - u '41,0 f - ./ . 3 k . , '.-tbs a Â¥,44 11/ --- -Â¥<.-kiy*.8 W. . . -~0.-.'.'I-- Rf '2 %:10'.* M.0 '.4-2- Celebrate Arbor Day Friday, May 7, 2010 Estes Park Elementary School i ou are cordially invited to attend this special event ackiic,wledging tile Anportaller 01'trees iii our conuminity. 2:30-3:15pm: Assembly in school library leaturing Town and School Oilicials, the Estes Park Tree Board, Colorado State 14)rest Service, sm(lents, teachers and other invited guests fullowed by the Arbor Day proclamation, Tree City Presentation, outdoor tree planting and dedication ofArbor Day bench. These events follow a full day ofirce education fur the students of Distes Park Ficinclitary Schoot IVatzil-im; 60 Colorado St;itc 14,rest Service. -> ...1179",9 -11111 lili . 1 - . - - ... 1 I - I. -.dr < / Event sponsored by the Town of Estes Park and its Estes Park Tree Board which Â¥Â¥ givefully recognizes Sunrise Rotary for the donation of the Arbor Day Bench.4*A ESTES PARK COLORADO â„¢war, mx MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, is effective this day of April, 2010, by and between THE TOWN OF ESTES PARK, COLORADO, a Municipal Corporation (the "Town"), and PARK THEATER MALL, LLC, (the "Owner"). RECITALS The Owner is the owner of certain real property known as the Park Theater Mall (the "Mall"). The Mall building was destroyed by fire in October of 2009. The debris from the fire has been removed from the Mall. The Owner contemplates rebuilding the Mall beginning in the fall of 2010. The Town owns and maintains the Riverwalk through downtown Estes Park.. The Riverwalk does not cross the Mall. The parties desire that a temporary pedestrian crossing (the "crossing") be opened across the Mall property for the purpose of connecting the Riverwalk across the Mall. The Owner will construct, operate and maintain the crossing, and the Town will pay for the cost of the construction of the crossing. IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN, the Town and the Owner agree as follows: 1. Attached hereto as Exhibit A is the design o f the crossing showing the approximate location of fencing. Signs and lighting shall be as mutually agreed by the parties. It shall be the responsibility of the Owner to construct the crossing substantially in accordance with Exhibit A. The Town acknowledges that the east end of the crossing will originate on and attach to Town property. 2. The Town shall be responsible for the cost of the construction o f the crossing The Town shall pay the Owner the cost within ten days o f presentation o f a pay request detailing the cost to be incurred by the Owner for construction of the crossing, 'fhe Town's responsibility shall not exceed $10,000.00 and shall include the cost of labor and materials for construction of the crossing fence, including lighting and required directional signage. 3. The Owner shall be responsible for obtaining all required permits including, but not limited to, building permits, for the crossing. The Town shall waive all Town permit fees for the crossing. 4. The Owner shall have the crossing open by May 28, 2010 subject to any delays caused by weather, unforeseen or unanticipated delays, or other matters beyond the control of the Owner. 5. The crossing shall be open to the public subject to any periodic closing by Owner, in Owner's sole discretion, due to inclimate weather, maintenance, the cancellation o f premises liability insurance, construction activities on the Mall, or security concerns for the Mall. Page 1 of 2 6. The crossing shall remain open until November of 2010 unless the Owner needs to close the crossing in order to begin construction or other activities oil the Mall. This period may be changed by mutual agreement of the parties. At Owner's discretion the crossing may be closed on October 31 st. 7. The Town, other than the payment of the amount set forth in Paragraph 2 above and the wiving o f permit fees, shall not be responsible or have any liability for the crossing. Due to the fact the crossing shall allow pedestrians to access the Town owned Riverwalk on the east and far west of the Mall, the Owner agrees to hold the Town harmless from the clims of third persons against the Town arising out of the construction, operation, maintenance and use of the crossing, and to defend, at Owner's expense, all actions for damages arising out of such actions which may be brought against the Town by third persons. Notwithstanding the foregoing, Owner shall not be responsible for claims, or defending claims, relating to the alleged actions, or failure to act, on the part of the Town or its agents/representatives. 8. The Mall, crossing and walkway west of the Mall adjacent to the Park Theatre and the property known as the River shops are the private property of the Owner ("Owner's Private Property"). The Town specifically understands and agrees that the Owner is not granting the Town nor the public any right-of-access to Owner's Private Property, any easement, public or private, any prescriptive right, or any other property interest in the Owner's Private Property by this Memorandum of Understanding or in the funding, constructing and mintaining of the crossing across the Mall. The Town shall not, in any future proceeding, cite Town funding or the construction and maintenance by the Owner of the temporary crossing and/or the granting by the Owner of the temporary privilege of the public to use the temporary crossing as evidence that the Owner compromised, waived, or altered any of its private property rights to the Owner's Private Property. TOWN OF ESTES PARK OWNER: Park Theatre Mall, LLC By: By: Town Administrator Sharon Seeley, its Managing Member Page 2 of 2 . MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, is effective this day of April, 2010, by and between THE TOWN OF ESTES PARK, COLORADO, a Municipal Corporation (the "Town"), and PARK THEATER MALL, LLC, (the "Owner"). RECITALS The Owner is the owner of certain real property known as the Park Theater Mall (the "Mall"). The Mall building was destroyed by fire in October of 2009. The debris from the fire has been removed from the Mall. The Owner contemplates rebuilding the Mall beginning in the fall of 2010. The Town owns and maintains the Riverwalk through downtown Estes Park.. The Riverwalk does not cross the Mall. The parties desire that a temporary pedestrian crossing (the "crossing") be opened across the Mall property for the purpose of connecting the Riverwalk across the Mall. The Owner will construct, operate and maintain the crossing, and the Town will pay for the cost of the construction of the crossing. IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN, the Town and the Owner agree as follows: 1. Attached hereto as Exhibit A is the design of the crossing showing the approximate location of fencing. Signs and lighting shall be as mutually agreed by the parties. It shall be the responsibility of the Owner to construct the crossing substantially in accordance with Exhibit A. The Town acknowledges that the east end of the crossing will originate on and attach to Town property. 2. The Town shall be responsible for the cost of the construction of the crossing The Town shall pay the Owner the cost within ten days of presentation of a pay request detailing the cost to be incurred by the Owner for construction of the crossing. The Town's responsibility shall not exceed $10,000.00 and shall include the cost of labor and materials for construction of the crossing fence, including lighting and required directional signage. 3. The Owner shall be responsible for obtaining all required permits including, but not limited to, building permits, for the crossing. The Town shall waive all Town permit fees for the crossing. 4. The Owner shall have the crossing open by May 28, 2010 subject to any delays caused by weather, unforeseen or unanticipated delays, or other matters beyond the control of the Owner. 5. The crossing shall be open to the public subject to any periodic closing by Owner, in Owner's sole discretion, due to inclimate weather, maintenance, the cancellation of premises liability insurance, construction activities on the Mall, or security concerns for the Mall. D#no 1 ng 9 6. The crossing shall remain open until November of 2010 unless the Owner needs to close the crossing in order to begin construction or other activities on the Mall. This period may be changed by mutual agreement of the parties. At Owner's discretion the crossing may be closed on October 31St. 7. The Town, other than the payment of the amount set forth in Paragraph 2 above and the waiving of permit fees, shall not be responsible or have any liability for the crossing. Due to the fact the crossing shall allow pedestrians to access the Town owned Riverwalk on the east and far west of the Mall, the Owner agrees to hold the Town harmless from the claims of third persons against the Town arising out of the construction, operation, maintenance and use of the crossing, and to defend, at Owner's expense, all actions for damages arising out of such actions which may be brought against the Town by third persons. Notwithstanding the foregoing, Owner shall not be responsible for claims, or defending claims, relating to the alleged actions, or failure to act, on the part of the Town or its agents/representatives. 8. The Mall, crossing and walkway west of the Mall adjacent to the Park Theatre and the property known as the River shops are the private property of the Owner ("Owner's Private Property'DÂ· The Town specifically understands and agrees that the Owner is not granting the Town nor the public any right-of-access to Owner's Private Property, any easement, public or private, any prescriplive right, or any other property interest in the Owner's Private Property by this Memorandum of Understanding or in the funding, constructing and maintaining of the crossing across the Mall. The Town shall not, in any future proceeding, cite Town funding or the construction and maintenance by the Owner of the temporary crossing and/or the granting by the Owner of the temporary privilege of the public to use the temporary crossing as evidence that the Owner compromised, waived, or altered any of its private property rights to the Owner's Private Property. TOWN OF ESTES PARK OWNER: Park Theatre Mall, LLC A By: E OfÂ«, .-Ii V-..J Town Administrator Sharon Seeley, its Managing Member D- r.,1 9..F 9