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Home My WebLink AboutPACKET Town Board 2018-05-08The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 8, 2018 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT.  Board Strategic Plan Progress Report 1. CONSENT AGENDA: 1. Town Board Minutes dated April 24, 2018. 2. Bills. 3. Family Advisory Board Minutes dated April 5, 2018 (acknowledgement only). 4. Arts in Public Places (AIPP) Approval of Decorating Utility Box (DUB) Art Proposals. 5. 2018 Chip and Crack Seal Contract, Vance Brothers, Inc., $447,310, Budgeted. 6. 2018 Overlay Program Contract, All Pro Pavement, $371,692.29, Budgeted. 7. Appointment of Tyler Schmitt to the Family Advisory Board, 1-year term expiring April, 30, 2019. 2. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. ROCKY MOUNTAIN PERFORMING ARTS CENTER UPDATE. Prepared 04/27/2018 *Revised 05/04/2018 **Revised 05/07/2018 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. 1. CONSENT ITEMS: A. PRELIMINARY AND FINAL TOWNHOME PLAT, Stanley Avenue Townhomes, 260 Stanley Avenue, Michael R. & Cynthia A. Kingswood/Owners. Planner Becker. B. FINAL TOWNHOME PLAT, Raven Rock Townhomes, Promontory Drive at Marys Lake Road, James R. Mackey And Susan M. Mackey. Director Hunt. Request for continuance to May 22, 2018. 2. ACTION ITEMS: A. ORDINANCE #08-18 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE § 3.15 (GENERAL NOTICE PROVISIONS) TO PROVIDE ADDITIONAL NOTICE REQUIREMENTS FOR PUBLIC HEARINGS. Director Hunt. 4. ACTION ITEMS: 1. RESOLUTION #08-18 APPROVING WATER SYSTEM LOAN FOR PARK ENTRANCE MUTUAL PIPELINE AND WATER COMPANY. Director Bergsten. 2. TRANSPORTATION ADVISORY BOARD INTERVIEW COMMITTEE APPOINTMENT. Town Clerk Williamson. 5. REQUEST TO ENTER EXECUTIVE SESSION: For discussion of specialized details of security arrangements or investigations – Section 24-6-402(4)(d), C.R.S. 6. ADJOURN. * ** 2018 Strategic Plan Progress Report 5/4/2018 Responsible On Behind Hold/ Done % KEY OUTCOME AREAS Depts. Track Schedule tabled Complete Comments I.ROBUST ECONOMY - Diverse, healthy year-round economy A Accelerate code updates and improvements Community Development 20%Two EVDC amendments (workforce-housing covenants and schools in residential districts) were approved in March and April respectively. Hearing scheduled May 8 to increase public-notification methods. B Decide on a course of action and delivery model for broadband in the Estes Valley Administration/Utilities 50%On track. Financial Advisor Services are being sought to identify funding solutions. C Where appropriate, the Town will paly a supportive role with specific local and/or regional economic development projects, including but not limited to those outlined in the EDC Economic Strategy Plan. Administration ongoing D Complete Downtown Neighborhood Plan and develop implementation options in partnership with the downtown residents and businesses. Community Development 15%Downtown Plan adopted Jan. 23, 2018. Implementation will begin when vacant Planner II position is filled (on May 3). E Continue to participate in local, regional and state economic development Administration ongoing II.INFRASTRUCTURE - Reliable, efficient, up-to-date A Engage the Community in discussions of the role of renewable energy in Estes Park Administration/Utilities ongoing PRPA is taking the lead on public outreach. With our resource mix at 47% we are exceeding expectations. We will continue to monitor customer needs and demands. B Develop an overall parking strategy plan with input from residents, businesses and guests Public Works 100%Downtown Parking Management Plan adopted by Town Board January 23, 2018. C Implementation of Parking Plan recommendations, including funding options Public Works 5%PW directed to inplement Phase 1 recommendations in 2018. Budget amendment to Trustees March 27. Research and drafting job description for new Parking & Transit Manager. D Pursue funding for flood mitigation projects Public Works 55% Stormwater Utility Feasibility Study complete. Primary funding proposed via new stormwater utility user fees plus future grants. Public outreach on user fees to launch June 7-10. Draft revised floodplain maps have been received. Waiting for the Colorado Water Conservation Board staff to schedule public presentation. E Implement recommendations of stormwater master plan (tentative, based on future board discussions)Public Works 5%SMP complete. Will return to Town Board for implementation direction after completing and reporting on public outreach and input. F Explore options for incentives for developers to include renewable energy infrastructure in workforce and attainable housing Community Development/Utilities 0% CommDev: Building-permit fee discounts or waivers would be feasible; benefit-cost analysis (initial AND life-cycle) would be appropriate next step. Existing incentives include net meter billing and waiver of $310 in fees, Staff will include this with the future study session to discuss fee waiver policy. G Develop a facilities needs assessment in 2019 Public Works 10%Draft PW needs assessment completed in 2016. A consultant is needed to complete this for full organization. This will be discussed further during the 2019 budget process. III.EXCEPTIONAL GUEST SERVICES - preferred CO mtn destination, exceptional guest service A Partner with other entities to conduct a Visitor Needs Survey Administration 5%We are partnering with VEP on a visitor's survey. Town staff participated in vendor selection and survey will start June 1 IV.PUBLIC SAFETY, HEALTH AND ENVIRONMENT - safe place to live, work, and visit A Participate as partner in the County's regional wasteshed planning Administration 80%Project is moving along well. County presented at the study session on Feb 13th. Public session is planned by the group for May 16th in Estes Park. 3 B Prioritize and pursue projects and funding to reduce flood risk and flood insurance costs for the property owners and businesses of the Estes Valley Public Works 55% SMP and Stormwater Utility Feasibility Study complete. Primary funding proposed via new stormwater utility user fees plus future grants. Public outreach on user fees to launch June 7-10. Draft revised floodplain maps have been received. Waiting for the Colorado Water Conservation Board staff to schedule public presentation. V.OUTSTANDING COMMUNITY SERVICES - safe place to live, work, and visit, with housing available for all A Define housing needs and identify potential plans for action. Develop a strategy for addressing workforce housing demands, reflecting the housing needs assessment implementation strategies Administration 5%Staff from Administration, Facilities, and Planning are taking the first steps in developing this strategy. Outreach to stakeholder organizations (e.g. Housing Authority and EDC) will begin in the next few weeks. B Develop and adopt appropriate code changes to encourage housing development Community Development 15%Shift from net to gross density EVDC amendment in preparation; target is June or July for first hearing. Workforce housing administration (covenants) EVDC amendment approved in March. C Begin implementation of the Downtown Plan Community Development 15%See Goal I.D. D Explore code changes that could encourage childcare services Community Development 0%On hold until July due to workload. VI.GOVERNMENTAL SERVICES AND INTERNAL SUPPORT - high-quality, reliable, basic muni services for citizens, guest and employees, which being good stewards of public resources A Complete Biennial Survey in 2018 Administration/ Public Info 10%Survey schedule established, results anticipated in October; draft questions reviewed by Leadership Team, preparing for Trustee review. TRANSPORTATION - safe, efficient, well-maintained multi-modal systems for peds, vehicles and transit A Installation of left turn lane on U.S. 36 at Community Drive Public Works 30%30% complete design drawings to be presented at public open house on May 9th. B Explore potential for Safe Routes to School funding Public Works 100%PW awarded $350,000 SRTS grant for Brodie trail extension from Fish Creek Road to Community Drive. Intend to submit another application late 2018 for 2019 construction. C Continue preventative maintenance activities on Town roads, as adequate funds become available Public Works 40%Seal coat and overlay construction contract go to Trustees for approval May 8th. F Develop a wayfinding signage plan for the downtown neighborhood, coordinated with the Downtown Plan Community Development 0%Begin coordination tasks with PW and Museum when Planner II position filled; aimed to begin in June. G Further investigate the formation of a Rural Transit Authority Administration 10%Town Board revisiting the proposal in June 2018. H Pursue funding opportunities for construction of the Fall River Trail Public Works 80% PW awarded $400,000 Land Water Conservation Trust fund grant. Town needs to budget $200k local match prior to moving forward. EVRPD has committed $200k local match. Will apply again in late 2018. Next GOCO grant call expected spring 2019. TOWN FINANCIAL HEALTH - maintain a strong and sustainable financial condition A Develop and adopt a comprehensive debt/capital financing policy Administration/Finance 0%Scheduled to start in June after the audit is complete B Explore areas for enhancing Town revenue Administration/Admini strative Services/Attorney 10% Working with Town Attorney to update code and procedures to tighten up on sales tax collection from temporary event vendors. Goal is to have this in place before summer. This should be an item of discussion at the Board's strategy session in June with possible follow up on specific ideas in future study sessions. 4 Town of Estes Park, Larimer County, Colorado, April 24, 2018 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 24th day of April 2018. Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Rex Walker Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. It was moved and seconded (Holcomb/Martchink) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Greg Rosener thanked the current board for their efforts in addressing issues that have changed the community for years to come. He thanked outgoing Mayor Pro Tem Koenig, Trustee Holcomb and Trustee Nelson for their leadership with issues such as economic development, Development Code amendments, broadband, downtown plan, etc. Darla Sidles/RMNP Superintendent and Kyle Patterson/RMNP Public Affairs Officer presented Mayor Pro Tem Koenig, Trustee Holcomb and Trustee Nelson with a gift and thanked them for the support each provided to the Park during their tenure. TRUSTEE COMMENTS. Mayor Pro Tem Koenig welcomed four University of Northern Colorado student veterans at the Estes Park Veterans Monument on April 22, 2018. The students completed a two-day hike as a fundraiser and to bring awareness of the student’s service and commitment to the community. Trustee Walker thanked the outgoing members of the Board for the service to the community and for their advice. Trustee Norris also thanked the outgoing members of the Board, Judge Brown for his years of service to the Town and welcomed the new Board members. He stated the next Family Advisory Board would be held on May 3, 2018. The Estes Valley Planning Commission held a special study session to discuss comprehensive planning. The Commission intends to bring forward a request for 2019 funding to update the Comprehensive Plan for the Estes valley. Trustee Martchink publicly thanked the outgoing Board for their guidance, leadership, professionalism and sacrifices made. 5 Board of Trustees – April 24, 2018 – Page 2 TOWN ADMINISTRATOR REPORT. Administrator Lancaster presented the organizational plan for the Town. He stated there are no changes with the exception of the removal of the Senior Center as it has been moved to the Estes Valley Recreation and Park District. 1. CONSENT AGENDA: 1. Town Board Minutes dated April 10, 2018. 2. Bills. 3. Committee Minutes: A. None. 4. Transportation Advisory Board Minutes dated March 21, 2018 (acknowledgement only). 5. Parks Advisory Board Minutes dated March 15, 2018 (acknowledgement only). 6. Estes Valley Planning Commission Minutes dated March 20, 2018 (acknowledgement only). 7. Dynamic Message Signs Construction Contract, Sturgeon Electric Company, Inc., $153,250, Budgeted. 8. Appointments to the Family Advisory Board: a. Nancy Almond, Reappointment, 3-year term expiring April, 30, 2021. b. Rachel Balduzzi, Reappointment, 3-year term expiring April 30, 2021. c. Jodi Roman, Reappointment, 3-year term expiring April 30, 2021. It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda Items, and it passed unanimously. ACKNOWLEDGEMENT OF MAYOR PRO TEM KOENIG, TRUSTEES HOLCOMB & NELSON. Mayor Jirsa acknowledged each member and thanked them for the service to the community. Mayor Pro Tem Koenig, Trustee Holcomb and Trustee Nelson recognized their spouses and the support they provided during their years on the Board. Each also thanked the public for their engagement, staff for providing the Board with information and well thought out recommendations, and the other Board members for the camaraderie. Mayor Jirsa called a break at 7:21 p.m. and reconvened the meeting at 7:30 p.m. 2. ACTION ITEMS: 1. SWEARING-IN CEREMONY FOR NEWLY-ELECTED MAYOR AND TRUSTEES. Municipal Judge Brown conducted a Swearing-In Ceremony for newly elected Trustees Carlie Bangs, Marie Cenac and Ken Zornes. 2. MAYOR PRO TEM. Mayor Jirsa recommended Trustee Walker serve as Mayor Pro Tem and requested a motion from the Board. It was moved and seconded (Cenac/Martchink) to approve the appointment of Trustee Walker as Mayor Pro Tem, and the motion passed unanimously. 3. TOWN BOARD POLICY 101 – BOARD ASSIGNMENTS. Policy Governance 101 Board Appointments outlines the appointments to a number of Boards, Commissions and Task forces. The following were considered by the Board for formal approval and appointment: 6 Board of Trustees – April 24, 2018 – Page 3 Board, Commission or Task Force Liaison Staff Liaison Type of Committee Estes Valley Planning Commission Trustee Norris Randy Hunt Advisory/ Decision Making Estes Valley Board of Adjustment Randy Hunt Decision making Western Heritage Inc. Trustee Cenac Outside Estes Park Museum Friends and Foundation Inc. Derek Fortini Outside Ambassadors Trustee Holcomb Teri Salerno Outside Police Auxiliary Wes Kufeld Working Group Parks Board Trustee Martchink Kevin McEachern Advisory Transportation Advisory Committee Trustee Bangs Advisory Estes Valley Restorative Justice Melissa Westover Working Group Local Marketing District (Visit Estes Park) Trustee Zornes Outside Estes Park Board of Appeals Randy Hunt Advisory/Decision Making Sister Cities Working Group Audit Committee Mayor Jirsa Mayor Pro Tem Koenig Trustee Holcomb Frank Lancaster Deb McDougall Advisory Colorado Association of Ski Towns (CAST) Primary Voting – Mayor Jirsa Alt Voting - Administrator Lancaster n/a Outside Platte River Power Authority Board of Directors Mayor Jirsa Reuben Bergsten Outside Larimer County Open Lands Board Trustee Zornes n/a Outside Estes Park Economic Development Corporation Board of Directors Mayor Jirsa n/a Outside Larimer County Wasteshed Policy Group Mayor Pro Tem Koenig Outside It was moved and seconded (Norris/Walker) to approve the revisions to Policy 101 Board of Trustees Division of Responsibilities, and it passed unanimously. 4. STAFF APPOINTMENTS. It was moved and seconded (Walker/Norris) to appoint Jackie Williamson as Town Clerk, and it passed unanimously. It was moved and seconded (Martchink/Cenac) to appoint Duane Hudson as Town Treasurer/Town Clerk Pro Tem, and it passed unanimously. It was moved and seconded (Martchink/Zornes) to appoint Greg White as the Town Attorney, and it passed unanimously. It was moved and seconded (Cenac/Martchink) to appoint Roger Clark and Randy Williams as the Assistant Town Attorneys, and it passed unanimously. It was moved and seconded (Walker/Cenac) to appoint David Thrower as the Municipal Judge, and it passed unanimously. 7 Board of Trustees – April 24, 2018 – Page 4 It was moved and seconded (Walker/Norris) to appoint Teresa Albao as the Assistant Municipal Judge, and it passed unanimously. It was moved and seconded (Norris/Zornes) to appoint Gary Brown as the second Assistant Municipal Judge, and it passed unanimously. It was moved and seconded (Cenac/Walker) to appoint Frank Lancaster as the Town Administrator, and it passed unanimously. Municipal Judge Brown conducted a Swearing-In Ceremony for newly appointed Municipal Judge David Thrower. Whereupon Mayor Jirsa adjourned the meeting at 7:45 p.m. Todd Jirsa, Mayor Jackie Williamson, Town Clerk 8 Town of Estes Park, Larimer County, Colorado, April 5, 2018 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in Room 203 of the Estes Park Town Hall on the 5th day of April, 2018. Present: Laurie Dale Marshall Nancy Almond Courtney Hill Bin Greer Jodi Roman Marion Stallworth Susan Strom Rachel Balduzzi John Bryant Karen Randinitis Also Ron Norris, Town Board Liaison Present: Travis Machalek, Assistant Town Administrator Suzanna Simpson, Administration Executive Assistant Adam Shake, Estes Park Economic Development Corporation Randy Hunt, Community Development Director Carlie Bangs, EVICS, Trustee-elect Absent: Maria Jimenez Chair Greer called the meeting to order at 3:30 p.m. PUBLIC COMMENT Chair Greer announced his resignation from board and upcoming move out of Estes Park, as he and his family are leaving town to explore other opportunities. He noted the struggles of raising a family in Estes Park and expressed his frustration that we were not further along as a community in trying to accommodate families. He went on to express his appreciation to the Family Advisory Board, Trustee Norris, and Assistant Town Administrator Machalek for their leadership and diplomacy. The community is invited to a celebration April, 21 and 22 from 1 to 8 p.m. 373 MacGregor Ave. #2. This is open to public. Member Hill expressed appreciation for all Bin and Maisie have done for the community. 9 Family Advisory Board – April 5, 2018 – Page 2 Community Development Director Code Update Community Development Director Hunt gave a presentation on Estes Valley Development Code issues as they pertain to childcare facilities. Director Hunt relayed that the current code considers three types of childcare arrangements – a Daycare Center, which is institutional, Family Home Daycare, both small and large, with small being eight or fewer and large being more than eight. The discussion also included explanations of principal and accessory uses, zoning districts, and permitted uses. There was lengthy discussion about the provisions and potential barriers to childcare within them, specifically the provisions requiring an S2 special review for a Daycare Center. Director Hunt will attend another meeting to continue this discussion and Trustee Norris suggests inviting the Chair and Vice-chair of the Estes Valley Planning Commission. APPROVAL OF MINUTES It was moved and seconded (Strom/Greer) to approve the March 1, 2018 meeting minutes and the motion passed unanimously. TRUSTEE LIAISON REPORT Trustee Norris encouraged the members to meet with the incoming trustees. He encouraged the board to remember their function and role as an advisory board and take advantage of opportunity to bring forth needs and ideas, and to please understand that it is a political process. WORKFORCE HOUSING UPDATE The Town continues to work with America-West Housing Solutions on negotiations for the Dry Gulch and Fish Hatchery projects. The Dry Gulch project will likely occur first. The Town is also taking a closer look at the Strategic Plan items that relate to workforce housing and the recommendations of the Housing Needs Assessment. Adam Shake reminded the group that the League of Women Voters is holding their third and final forum on workforce housing Tuesday, May 1 at Town Hall and that the EDC is working on a white paper for developers who are interested in pursuing workforce housing in the area. There was discussion among the board on the Wind River project, its potential childcare component, covenants and contractual requirements of developers when they build a workforce housing project, and property management of workforce housing developments. Executive Assistant Simpson encouraged the group to view the status of current development applications on the Town’s website at estes.org/currentapplications. 10 Family Advisory Board – April 5, 2018 – Page 3 NEXT STEPS ON CHILDCARE FOCUS AREA Assistant Town Administrator Machalek shared that at Monday’s Estes Park EDC Childcare Services Committee (CSC) meeting there was a discussion about the lack of focus on after school welfare for children aged six and older, and that the CSC is hoping that the Family Advisory Board will look into this important issue, as well as research potential public funding opportunities for a childcare facility. He relayed that Town staff is working on a short summary of public funding mechanisms for the CSC and that these would also be sent to the Family Advisory Board. Member Almond stated that she believed the community would benefit more from a larger childcare facility in a centralized location over smaller individual sites, and as such, she did not feel the code provisions were the best use of the board members’ time. Discussion ensued regarding proposed uses for the Stanley Park property. Assistant Town Administrator Machalek stated that the entire property is going through another master planning process. The Family Advisory Board would be interested in seeing how childcare can fit. Chair Greer stated that research on making the codes easier for childcare made sense and could only serve to make the concept more approachable. Member Hill voiced concern about conflicting messages with a central child care facility versus codes that will allow scattered facilities. Member Almond reiterated that she would rather focus resources on how to fund a central location. Assistant Town Administrator Machalek stated that it is not necessarily an either/or decision. Member Dale Marshall stated that code changes speak to change in culture and could be very beneficial to the community – she feels both are a priority. She would like to hear more from families and get the board out there more to know that they are working for them. Vice-Chair Stallworth mentioned that the board is interested in hearing from Breckenridge. Assistant Town Administrator Machalek will reach out and invite Jennifer McAtamney (Town of Breckenridge Program Administrator – Child Care) to Estes Park. Discussion ensued on barriers to childcare, subsidies, funding, and the merits of a large facility over smaller providers. It was moved and seconded (Stallworth/Roman) to appoint board members to work on researching the current code provisions and determine whether it should be a priority for the Family Advisory Board. Members Roman and Balduzzi volunteered to begin conducting the research and the motion passed unanimously. It was moved and seconded (Almond/Stallworth) to form a committee that will work with the EDC’s CSC to develop a case for a central childcare location including potential 11 Family Advisory Board – April 5, 2018 – Page 4 funding sources and scenarios. Members Almond, Bryant and Dale Marshall volunteered to serve and the motion passes unanimously with Chair Greer abstaining. OTHER BUSINESS Need to elect a new Chair and Vice-Chair at the May meeting. Vice-Chair Stallworth thanked Chair Greer for his service to the Family Advisory Board and she would like to stay in the loop as the work of the board gains momentum. She thanked the board and stated that she is excited for all that has been accomplished and what will be accomplished. Member Hill requested that the board revisit the scheduled time to see if Vice-Chair Stallworth’s schedule could potentially be accommodated to allow her to reapply for the board. Vice-Chair Stallworth stated that she would reapply if the board agreed to a time that her work schedule would permit her to attend. Executive Assistant Simpson will send out a Doodle poll with possible times. Next Meeting The next meeting of the Family Advisory Board will take place Thursday, May 3, at 3:30 p.m. in Room 203 at Town Hall. With no other business to discuss, Chair Greer adjourned the meeting at 5:34 p.m. 12 PUBLIC WORKSMemo To:Honorable Mayor Jirsa Board of Trustees Through:Town Administrator Lancaster From:Brian Berg, Parks Supervisor Greg Muhonen, Public Works Director Date:May 8, 2018 RE:Art in Public Places (AIPP) Approval of Decorating Utility Box (DUB Art Proposals PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: The purpose of the Decorating Utility Box (DUB) program is to beautify the Town’s utility boxes. Present Situation: The Town of Estes Park Parks Division and the Parks Advisory Board (PAB) have solicited art proposals from local artists to beautify seven utility boxes throughout town. The art being presented is tailored to specific utility boxes as assigned by the Town of Estes Park Light & Power Division. Proposal: The Parks Advisory Board and the Town of Estes Park Parks Division propose the attached art from five artists be approved for painting and public viewing in 2018. Advantages: x Beautification of the plain-colored, utilitarian boxes/cabinets throughout town. x Local artists will benefit from their personal art displays as well as compensation for their designs and efforts. Disadvantages: x Increased maintenance costs for the Town. x Should significant damage to the utility boxes/cabinets occur, they would be replaced and the Town would lose the corresponding piece of art. Action Recommended: Staff and PAB recommend the Town Board approve the presented art. 13 Finance/Resource Impact: The Light & Power Division has provided $10,000 from their 2018 budget for the Decorating Utility Boxes (DUB) initiative. The funding is associated to project code UTBOX and is coming from account 502-6301-540.25-33. Level of Public Interest A low amount of public interest is expected. Sample Motion: I move for the approval/denial of the presented art to be applied to designated utility boxes. 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Present Situation: On February 23, 2016 Public Works presented a plan improve the condition of Town streets to an overall system-wide PCI of 70 by the year 2024. To effectively implement this plan, we need to hire a contractor to begin the 2018 portion of this chip seal and crack seal program. Proposal: On March 30, 2018, Public Works advertised an Invitation to Bid for the application of chip seal and crack seal materials on multiple streets in Estes Park. Two companies attended the mandatory pre-bid on April 4th. After two and one half weeks of advertising, the bids were opened on April 18th. The following table contains the bids for each company: COMPANY CITY TOTAL FEE A-1 Chip Seal Co.Denver, CO $464,722.50 Vance Brothers, Inc. Denver, CO $447,310.00 The low bidder was Vance Brothers, Inc. This contractor has a good reputation and extensive experience in chip sealing roads including in Estes Park. The contractor performed the 2016 chip seal program in Estes Park under the name Foothills Paving. 35 Public Works proposes approving the construction agreement for the 2018 Chip and Crack Seal Program to Vance Brothers, Inc. in the amount of $447,310.00. Advantages: •Rehabilitation of multiple roads in Estes Park •Utilization of 1A sales tax funds to improve Estes Park streets •Moves the 2024 STIP Program forward Disadvantages: •Temporary, short duration disruption of traffic in the proposed work areas •Funds could be used for other purposes, however this usage is consistent with the approved 2024 STIP Program. Action Recommended: Staff recommends approval of the attached construction agreement to Vance Brothers, Inc. in the amount of $447,310.00, and authorization for PW staff to spend up to the budgeted amount of $500,000.00 if needed to address unanticipated conditions encountered during construction. Finance/Resource Impact: This project will be funded from the Street Improvement Fund and is included in account number 260-2000-420.25-20 in the 2018 budget. Level of Public Interest Public interest on this project is expected to be moderate. Sample Motion: I move for approval/denial of the construction agreement with Vance Brothers, Inc. for the 2018 Chip and Crack Seal in the amount of $447,310.00. Public Works staff is authorized to spend an additional 11.8% contingency of $52,690 if needed for unanticipated changes encountered during construction. Attachments: Construction Agreement Additional Bid Documents Link 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 PUBLIC WORKS Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From:David Hook, PE., Public Works Engineering Manager Gregory Muhonen, PE., Public Works Director Date:May 8, 2018 RE:Construction Agreement Approval for 2018 Overlay PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works seeks approval from the Town Board for the 2018 Overlay Program construction agreement with All Pro Pavement for the application of hot mix asphalt resurfacing on multiple roads in the Town of Estes Park to advance the goals of the 2024 Street Improvement Program. Present Situation: On February 23, 2016 Public Works presented a plan improve the condition of Town streets to an overall system-wide PCI of 70 by the year 2024. To effectively implement this plan, we need to hire a contractor to begin the 2018 street and parking lot overlay programs. Proposal: On March 30, 2018, Public Works advertised an Invitation to Bid for the HMA overlay and patching of multiple streets and a parking lot in Estes Park. Seven companies attended the mandatory pre-bid on April 4th. After two and one half weeks of advertising, five bids were opened on April 18th. The following table contains the bids for each company: COMPANY CITY TOTAL FEE All Pro Pavement Loveland, CO $371,692.29 Goltz Asphalt Company Loveland, CO $374,864.40 Martin Marietta Materials Fort Collins, CO $517,645.30 Straight Line Sawcutting Denver, CO $476,253.03 The Perfect Patch Asphalt Company Commerce City, CO $512,500.73 57 The low bidder was All Pro Pavement. This contractor is new to working in Estes Park. However, staff has contacted other municipalities that have worked with this contractor and believes they are competent to do the work. Public Works proposes approving the construction agreement for the 2018 Chip and Crack Seal Program with All Pro Pavement in the amount of $371,692.29. Advantages: •Rehabilitation of multiple roads in Estes Park. •Utilization of 1A sales tax funds to improve Estes Park streets. •Moves the 2024 STIP Program forward. Disadvantages: •Temporary, short-duration disruption of traffic in the proposed work areas •Funds could be used for other purposes, however this usage is in line with the proposed 2024 STIP Program. Action Recommended: Staff recommends approving the attached construction agreement to All Pro Pavement in the amount of $371,692.29, and authorization for PW staff to spend up to a total amount of $500,000.00 for additional street overlay work during construction. Finance/Resource Impact: This project will be funded from the Street Improvement Fund and is included in account number 260-2000-420.25-27 ($73,960 for parking lot resurfacing) and account number 260-2000-420.35-51 ($500,000 for street overlays) in the 2018 budget. Level of Public Interest Public interest on this project is expected to be moderate. Sample Motion: I move for approval/denial of the construction agreement with All Pro Pavement for the 2018 Overlay in the amount of $371,692.29. Public Works staff is authorized to spend an additional 34.5% contingency of $128,308 for additional street overlay work during construction. Attachments: Construction Agreement Additional Bid Documents Link 58 2018 STREET OVERLAY PROGRAM TOWN OF ESTES PARK CONSTRUCTION AGREEMENT THIS AGREEMENT is effective as of the 8th day of May , 2018 by and between the Town of Estes Park (OWNER), a body corporate and political, P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and All Pro Pavement (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 2018 Street Overlay Work will include: - Community Drive –Edge mill and 3” HMA Paving and re-stripe - Aspen Avenue – 2” Mill and 3” HMA Overlay - Ponderosa Avenue – 1.5” HMA Paving - Community Drive – Curb and Gutter - Aspen Avenue – Curb and Gutter - Black Canyon Drive – 5” Patching - Columbine Drive– 5” Patching - Chapin Drive – 5” Patching - Larkspur Avenue – 5” Patching - Grey Fox Drive– 5” Patching - James Street – 5” Patching - Spruce Parking Lot – 2” Mill and Overlay and re-stripe Along Community Drive, roadway adjacent to existing concrete curb and gutter shall be taper edge milled to a width of 7 feet prior to overlay. All asphalt curb and gutter along Community Drive and Aspen Avenue shall be removed with a straight saw cut and replaced with Type II concrete curb and gutter with an additional 2-foot asphalt patch back prior to overlay. Article 2. PROJECT MANAGER The Project Manager shall be Kelly Stallworth, Public Works Department, Estes Park, Colorado, who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 59 2018 STREET OVERLAY PROGRAM Article 3. CONTRACT TIMES The Work must be completed within 20 working days from the Notice to Proceed and by August 31, 2018, and ready for final payment in accordance with the General Conditions subject to applicable laws regarding final payment. The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. The contractor will proceed with the Work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climate and economic conditions and other factors prevailing in the locality of the Work. If the Contractor shall fail to complete the Work within the Contract Time, or extension of time granted by the Owner pursuant to a Change Order, then the Contractor will pay to the Owner the amount for liquidated damages as specified in this Article. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to the following and the Contractor has promptly given Written Notice of such delay to the Owner. A. To any act of the Owner. B. To foreseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unprecedented severe weather. C. Provision for unusually severe weather is included within the specified construction period. No further allowance for severe weather shall be made regardless of actual weather conditions, except for adverse weather of unprecedented severity as determined by the Owner. Contractor shall assume responsibility for adequate weather protection of work in progress and work in place, recognizing the inclement weather typical of the mountain environment and the season of the year. D. Any inconvenience or scheduling delays caused by the failure or neglect of any Subcontractor, suppliers or material personnel shall not be considered as an unforeseeable cause beyond the control and without the fault of the Contractor and further shall not be grounds for delay of the completion of the Work. The Owner shall have the right to deduct the amount of liquidated damages from any moneys due or to become due to the Contractor, or to sue for and recover compensation from the Contractor and his Surety. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement, and that the OWNER will suffer financial loss if the Work is not completed in accordance with the contract time set forth in Article 2 of this Agreement. Further, the parties recognize that delays, 60 2018 STREET OVERLAY PROGRAM expense and difficulties in proving in a legal proceeding the actual losses or damages including special, indirect, consequential, incidental and any other losses or damages suffered by OWNER if the Work is not completed as required in Article 2 of this Agreement. Accordingly, and instead of requiring proof of such loss or damages, the parties agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $600.00 for each calendar day that expires after the time specified in Article 2 of this Agreement for Completion of Work. By execution of this Agreement, the OWNER and CONTRACTOR expressly agree that these liquidated damages amounts are reasonable under the circumstances existing at the time this Agreement is executed. Article 4. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit prices times the quantities of work actually completed. Unit prices are those shown in the Proposal and Quantities of work actually completed will be determined by the PROJECT MANAGER. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment and Final Payment in accordance with the General Conditions. Article 6. INTEREST All moneys not paid when due as provided in the General Conditions shall bear interest at the rate of 10% per annum compounded monthly. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing the Work. 7.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and design intent of the Work. 7.4 CONTRACTOR acknowledges he has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 7.5 CONTRACTOR assumes full responsibility and obligation for safety, high quality 61 2018 STREET OVERLAY PROGRAM workmanship, and timely completion of this project as illustrated by the plans, drawings, and specifications. Contractors are required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances. 7.6 CONTRACTOR understands that he may make on-site layout and grading and construction modifications to achieve the desired intent. Such modifications/grading changes and layout cost are already included in the Contract Documents. 7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance- based Agreement, either based on: 1) unit prices 2) maximum lump sum amount 3) price quote: totaling $371,692.29 that shall not be exceeded or increased, except for contract changes allowed, agreed, and approved in writing by Change Order. 7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements, provisions, or services furnished under this Agreement. 7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents,; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions. 7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 62 2018 STREET OVERLAY PROGRAM 7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, may consist of all, or some, of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement. 8.3 Notice of Award 8.4 Notice to Proceed. 8.5 Information for Bidders. 8.6 Special Conditions. 8.7 General Conditions. 8.8 Drawings bearing the title: 8.9 Addenda (s). 8.10 Contractor’s Bid. (Bid Proposal, Price Quote, Bid sheet & Appendix) Town of Estes Park HMA Repairs 8.11 Bid Bond 8.12 Performance & Payment Bond 8.13 Drawings, Plans, Details (including all Larimer County documents as referenced) 8.14 Technical Specifications and Details. 8.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.16 Change Orders (post approval signatures) 8.17 Insurance Certificate, Business License, Tax Certification. 8.18 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. The documents composing the Contract Documents are attached to this Agreement and made part hereof (except as expressly noted otherwise above). There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings 5. Special Conditions 63 2018 STREET OVERLAY PROGRAM 9 General Conditions Article 9. MISCELLANEOUS 9.1 Reference to the General Conditions shall include modification thereto by any Supplementary Conditions issued. 9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 9.6 The OWNER has appropriated sufficient funds to pay the contract price. (Purchase Order Number: XXXXX 9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 TOWN CLERK Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: May 8, 2018 RE: Family Advisory Board Appointment PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: To appoint a member to the Family Advisory Board. Present Situation: The Town Board approved the formation of the Family Advisory Board at their February 14, 2017 Town Board meeting and appointed 12 members to the Board. The FAB bylaws provide for the FAB to consist of no fewer than 10 and no more the 15 members. The Town Board reappointed three members Nancy Almond, Rachel Balduzzi and Jodi Roman at the April 24, 2018 meeting. The Board currently has eight active member and continues to have vacancies from appointments that expired in April. The Town advertised the vacancies and has received one additional application as of April 30, 2018. Proposal: Staff recommends foregoing the interview process and appoint Tyler Schmitt to a one year appoint expiring April 30, 2019. This would leave one vacancy on the Board. Staff continues to advertise for additional positions on the Board to fill the current vacancy. Advantages: To fill an open position on the Board and to bring the Board closer to meeting the bylaws. Disadvantages: If the appointments are not made, the position would remain vacant until the position can be re- advertised and interviews conducted. Action Recommended: To appoint Tyler Schmitt as listed above. Budget: None. Level of Public Interest. Medium. Sample Motion: I move to approve/deny the appointment of Tyler Schmitt to the Family Advisory Board for a one-year term expiring on April 30, 2018. 85 86 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Robin Becker Planner I Date: May 8th 2018 RE: Stanley Avenue Townhomes Preliminary and Final Townhome Plat: Portion of Lot 20, Little Prospect Mountain Addition; 260 Stanley Avenue; Michael and Cynthia Kingswood/Owner. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Conduct a public hearing and make a determination regarding a Preliminary and Final Townhome Subdivision plat for compliance with the Estes Valley Development Code (EVDC). Note: The name of the development on the application is 260 Stanley Ave. Townhomes but the applicant has requested a name change to Mountain Wood Townhomes. This does not impact any of the review or approval process. Present Situation: The project area is located about 60’ west of the Alpine Self Storage Units across Stanley Avenue. The property is zoned RM Residential Multi- Family. The area is approximately .50 acre. Proposal: The proposal entails creating 8 lots and two out lots (A and B). The net project density of one unit per 3,063 square feet, which is short of the 5400 square foot minimum required in RM zoning. This minimum is provided relief through the density bonus for workforce housing which is 50% and 2700 square feet per unit with a density of 16.1 per an acre. The 8 lots will have two buildings (8 units in two 4-plexes) which will be used as single-family and workforce housing. Access will be created approximately 130 feet north of Dunraven Street and Stanley Avenue. This action item is for the Preliminary and Final Townhome Plat. Advantages: 87 Creates additional single family and workforce housing within the Town of Estes Park Disadvantages: None identified Action Recommended: Planning Commission voted and recommended conditional approval (7 in favor, 0 opposed) of the Stanley Avenue Townhomes: Preliminary Townhome Plat and Development Plan application on January 16th, 2018. PC recommended conditions of approval for the Preliminary Plat are as follows: 1. The northern parcel (2,772 s.f.) shall be rezoned to RM-Multifamily Residential before any building permit is applied for. 2. The requested Variances to parking lot buffer landscaping and parking lot location shall be approved by the Board of Adjustment. Staff recommends approval without the conditions as they have been met and are currently being met. Finance/Resource Impact: None Level of Public Interest Low: The Comm. Dev. Dept. has not received any written public comments to date. Sample Motion: I move for the approval of the Stanley Avenue Townhome Preliminary and Final Plat. Attachments: Vicinity Map Preliminary and Final Plat Restrictive Covenant and Agreement Full Application: www.estes.org/currentapplications 88 89 90 DUNRAVEN STSTA N L EY AVE S260175300330321801350753800Stanley A v e n u e BIG MORAINE AVERIVERSIDE DRS SAINT VRAIN AVEN SAINT VRAIN AW WONDERVIEW AVEE ELKHORN AVELAKESiteDunraven Street91 DRAFT #2; 05/02/2018 RESTRICTIVE COVENANT AND AGREEMENT This RESTRICTIVE COVENANT AND AGREEMENT (“Agreement”) is entered into by and between Michael R. and Cynthia A. Kingswood (the “Owner”) and the Town of Estes Park (the “Town”), a Colorado Municipal Corporation, on the Effective Date stated herein. RECITALS 1. Section 11.4.C.4 and Section 11.4.D of the Estes Valley Development Code (“EVDC”) provide that a property owner may receive a density bonus if one-half of the total units on a parcel are occupied by at least one resident of each housing unit who is employed within the boundary of the Estes Park School District R-3 (the “Estes Valley”). 2. The Owner has obtained approval of the Mountain Wood Townhomes Subdivision Plat (the “Plat”) consisting of ten (10) lots with two (2) out lots and eight (8) lots for Townhome dwelling units (“Dwelling Units”). 3. The Owner has also obtained approval of the Mountain Wood Townhomes Development Plan (the “Development Plan”) approving the development of two (2) multi-family structures, one consisting of four (4) Dwelling Units and the other consisting of three (3) Dwelling Units. Unit one (1) is a pre-existing residential dwelling. Each Dwelling Unit has its own subdivided Lot in the Development. 4. The Plat and the Development Plan maximizes the density bonus which requires that 50% of the units, four (4) Dwelling Units, shall be subject to a restrictive covenant assuring occupancy of the restricted Dwelling Units for Workforce Housing. 5. This Agreement is entered into between the Parties to meet the requirements of the EVDC that one-half of the Dwelling Units be occupied by at least one resident who is employed within the boundary of the Estes Park School District R-3 in order to provide Workforce Housing Units (“WHU”) for occupancy by Qualified Occupants as their primary residences. IN WITNESS WHEREOF, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby declare that the Property shall hereafter be held, sold, and conveyed subject to the following covenants, restrictions, and conditions, all of which shall be covenants running with the land, and which are for the purpose of ensuring that the Property remains available for purchase and occupation by persons working in the Estes Valley, and protecting the value and desirability of the Property; and which covenants, restrictions, and conditions shall be binding on all parties having any right, title, or interest in the Property, or any part thereof, their heirs, successors, and assigns. 92 DRAFT #2; 05/02/2018 1. SUBJECT PROPERTY - DEFINITIONS 1.1- Property. The Owner hereby declares and covenants that the Property described in Exhibit A is made subject to the terms of this Agreement. 1.2- Owner. The Owner is the owner of the Property including any subsequent transferee, assignee, and/or successor in title to the Property or any portion thereof. 1.3- Restricted Lots. Restricted Lots mean Lots 5, 6, 7 & 8 of the Plat which are required to be occupied by Qualified Households as defined herein. 1.4- Workforce Housing Unit. Workforce Housing Unit (WHU) means the dwelling unit located on a Restricted Lot. 2. PURPOSE 2.1- The purpose of this Agreement is to restrict ownership, occupancy and sale of each WHU in such a fashion as to provide, on a permanent basis, affordably priced Workforce Housing to be occupied by Qualified Households, and to help establish and preserve a supply of affordably priced Workforce Housing to help meet the needs of the locally employed residents of the Estes Valley. 3. COVENANT TO RESTRICT USE OF LOTS 3.1- Occupancy and Use Restrictions. 3.1.1- Qualified Household Definition. A “Qualified Household” shall mean a family unit related by blood, marriage or adoption, or four (4) or fewer unrelated individuals living together in a WHU with common access to and common use of all living and eating areas and all facilities for the preparation and serving of food within said WHU. One adult (at least eighteen years old) occupant of a Qualified Household shall be employed for an average of at least thirty hours per week on an annual basis within the boundaries of the Estes Park School District R-3 (“Qualified Occupant”). The Qualified Occupant shall occupy the WHU as his/her principal residence. A person over 65 years of age shall remain a Qualified Occupant regardless of his or her working status, so long as he or she has occupied the WHU for a time period of not less than seven (7) consecutive years prior to becoming 65 years of age. A Qualified Occupant who becomes disabled after commencing occupancy of a WHU such that he or she cannot work the required number of hours each week required by this Agreement shall remain a Qualified Occupant; provided that such person is permitted to occupy the WHU only for a maximum 93 DRAFT #2; 05/02/2018 period of one (1) year following the commencement of said person’s disability, unless a longer period of occupancy is authorized in writing by the Town. 3.1.2- Each WHU in the Development shall be occupied by a Qualified Household as defined herein in Section 3.1.1. 3.1.3– Each WHU, if rented, shall be rented pursuant to a written rental agreement for a minimum term of at least one (1) year. The rental agreement shall contain provisions requiring that the WHU be occupied at all times by a Qualified Household including at a minimum, a provision which terminates the occupancy of the WHU within ninety (90) days of the WHU not being occupied by a Qualified Household. 3.2- Covenants Appurtenant. The Owner declares and covenants on behalf of itself and its successors and assigns that this Agreement, and all accompanying terms and enforcement rights, are appurtenant to and run with the Property and every Lot of the Development. 3.3- Term. The Occupancy and Use Restrictions contained in this Agreement, including all related rights, restrictions, covenants and agreements, shall expire fifty (50) years from the date this Agreement is recorded in the real property records of Larimer County, State of Colorado. 3.4- Condition to Building Permits. The Owner is required to develop the four (4) Restricted Lots (Lots 5,6,7 & 8) with a total of four (4) WHUs. In order to assure that at least fifty percent (50%) of the Lots in the development are occupied by a Qualified Household, the Owner may only obtain building permits for any or all of the non- restricted Lots which will maintain the requirement that at least fifty (50%) of the Lots on the Property are constructed and available for occupancy as WHUs. The Town shall withhold building permits for any development on the non-restricted Lots which at any time would allow the Property to contain less WHUs than other Dwelling Units in order to comply with the relevant terms of the EVDC. 4. OWNERSHIP RESTRICTIONS 4.1- Ownership and Occupancy Obligation 4.1.1- In the event that a WHU is occupied without compliance with this Agreement, the Town shall have the remedies set forth herein, including, but not limited to, the rights under Section 5. 4.1.2- Any Owner who does not meet the definitions of a Qualified Occupant shall rent the WHU to a natural person(s) that does meet the definitions of a Qualified Occupant, and shall not occupy or use such WHU for such Owner’s own use. 94 DRAFT #2; 05/02/2018 4.2- Sale, Resale and Lease 4.2.1- In the event that a WHU is transferred, leased, or occupied without compliance with this Agreement, the Town shall have the remedies set forth herein, including, but not limited to, the rights set forth in Section 5. Except as otherwise provided herein, each and every transfer, lease, or occupation of a WHU, for any and all purposes, shall be deemed to include and incorporate the terms and conditions of this Agreement. 5. COMPLIANCE AND ENFORCEMENT 5.1- Verification & Certification Requirement. 5.1.1- No WHU may be occupied until the Owner certifies to the Town that the prospective occupants constitute a Qualified Household and otherwise meet all relevant requirements associated therewith. 5.1.2- The Owner shall be responsible for verifying that Qualified Households occupy all of the WHUs. The Owner shall certify to the Town on or before January 31st of each calendar year that all WHUs are occupied by Qualified Households. 5.1.3- If applicable and in the event during any calendar year, the Qualified Occupant of any WHU does not meet the employment qualifications, the Owner shall notify and certify to the Town the name of the new Qualified Occupant within sixty (60) days. 5.1.4- All certifications required by this Section shall be in the form and contain all documentation required by the Town as evidence that at least one (1) occupant of each WHU is a Qualified Occupant. 5.2- Delegation of Owner Verification. The Owner, and any successors thereto, may use the services of a property manager or other agent (i.e., an accountant, attorney, etc.) to assist with meeting its verification obligations hereunder. Should an owner’s association be formed to manage common elements or shared resources within the Development (the “Association”), the Association may be used by the Owner to meet its verification obligations hereunder. 5.3- Transfer of Town Administration. The Town may contract with or use a third party to assist or handle the Town’s role in the verification and administration of the occupancy of the WHUs and the terms of this Agreement. 5.4- Enforcement. The Town and each Owner hereby grants and assigns to the Town the right to review and enforce compliance with this Agreement. Compliance may be enforced by the Town by any lawful means, including without limitation, seeking any 95 DRAFT #2; 05/02/2018 equitable relief including, without limitation, specific performance and other equitable relief as set forth in Section 5.5, as well as a suit for damages. 5.5- Injunctive and other Equitable Relief. Each Owner agrees that in the event of his or her default under or non-compliance with the terms of this Agreement, the Town shall have the right to seek such equitable relief as it may deem necessary or proper, including, without limitation, the right to: (a) seek specific performance of this Agreement; (b) obtain a judgment from any court of competent jurisdiction granting a temporary restraining order, preliminary injunction and/or permanent injunction; and (c) set aside or rescind any sale or lease of a WHU made in violation of this Agreement. Any equitable relief provided for in this Section 5.5 may be sought singly or in combination with such legal remedies as the Town may be entitled to, either pursuant to this Agreement, under the laws of the State of Colorado or otherwise. 6. EVENTS OF DEFAULT 6.1- Right to Inspect. In the event the Owner and/or the Town has reasonable cause to believe an occupant or household of a WHU is violating the provisions of this Agreement, the Owner and/or the Town, by its authorized representatives, may inspect the applicable WHU between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, after providing the occupants thereof with no less than 24 hours advance written, including electronic notice. 6.2- Right to Cure. If the Owner and/or the Town discovers a breach of this Agreement, the Owner and/or the Town shall send a written or electronic notice of violation to the occupant(s) detailing the nature of the violation and allowing the occupant(s) thirty (30) days to correct the violation. If the occupant(s) does not cure the violation within the thirty (30) days, the provisions of Section 5 shall be available for enforcement of this Agreement. 6.3- Remedies; Attorney Fees. There are hereby reserved to the Town any and all remedies provided by law for breach of this Agreement. In the event the Town commences litigation with respect to any or all provisions of this Agreement, the Town shall be awarded its damages and costs, including reasonable attorney's fees and court costs. 6.4- Conveyance of Restricted Lots. In the event a Restricted Lot is sold and/or conveyed without compliance with the terms of this Agreement, such sale and/or conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported transferee. Each and every conveyance of a Restricted Lot, for all purposes, shall be deemed to include and incorporate by this reference this Agreement. 96 DRAFT #2; 05/02/2018 7. CONVEYANCE OF RESTRICTED LOT; LEASE OF WHU 7.1- Sale of Restricted Lot. If the Owner transfers title to a Restricted Lot during the Term of this Agreement, said transaction shall be null and void unless the buyer/grantee in said transaction specifically acknowledges in a written instrument (e.g., an affidavit) that buyer/grantee is taking title to said Restricted Lot subject to the terms of this Agreement. Said instrument shall be recorded contemporaneously with the closing/completion of said transaction. 7.2- Tenancy of WHU. Rental agreements made for all WHUs shall be in writing and have a minimum term of one (1) year. No WHU shall be occupied or used as a short term or vacation rental as defined in the EVDC and the Town’s Municipal Code. 8. GENERAL PROVISIONS 8.1- Notice. Any notice, consent, approval, or request that is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid as follows: OWNER: Mike & Cynthia Kingswood 152 Stanley Cir. Dr, Estes Park, CO 80517 THE TOWN: Town of Estes Park Attn: Community Development Director P O Box 1200 Estes Park, CO 80517 8.2- Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such manner as to be valid under applicable law. If any provision of this Agreement shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 8.3- Governing Law and Jurisdiction. These Restrictions and each and every related document are to be governed and construed in accordance with the laws of the State of Colorado. Any legal action to enforce the terms of this Agreement shall be brought in the appropriate court of Larimer County, State of Colorado. 8.4- Binding Agreement. The provisions and covenants contained herein shall inure to and be binding upon the personal representatives, heirs, successors, and assigns of the Parties. 8.5 - Amendment. Any modifications of this Agreement shall be effective only when made by a duly executed instrument by the Owner and the Town. 97 DRAFT #2; 05/02/2018 8.6 - Recordation. Upon execution, this Agreement shall be recorded in the real property records of Larimer County, State of Colorado. 8.7 - Entire Agreement. The Recitals and Exhibits contained in this Agreement constitute the entire agreement between the Parties hereto with respect to the matters set forth herein. 8.8 - Term of Agreement. This Agreement shall lapse fifty (50) years from the date on which this Agreement is recorded in the real property records of Larimer County, State of Colorado (“Term”). 8.9 – No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Town and the Owner. Except as otherwise specifically provided for herein, no other person, persons, entity or entities, including without limitation prospective buyers of a WHU, shall have any right of action with respect to this Agreement or right to claim any right or benefit from the terms provided in this Agreement or be deemed a third party beneficiary of this Agreement. 8.10 – Non-Liability. The Town and its respective employees, members, officers and agents shall not be liable to any Owner or third party by virtue of the exercise of their rights or the performance of their obligations under this Agreement. The Town is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections afforded by the Governmental Immunity Act, Section 24-10-101, et seq. C.R.S., as it may be amended, or any other limitation, right, immunity or protection otherwise available to the Town. 8.11 - Effective Date. The Effective Date of this Agreement shall be the date on which all Parties hereto have executed the same. 98 DRAFT #2; 05/02/2018 OWNER: By: _____________________________ Michael R. Kingswood, Owner STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this ______ day of _______, 20___, by Michael R. Kingswood as Owner. Witness my hand and official seal. ____________________________ Notary Public OWNER: By: _____________________________ Cynthia A. Kingswood, Owner STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this ______ day of _______, 20___, by Cynthia A. Kingswood as Owner. Witness my hand and official seal. ____________________________ Notary Public 99 DRAFT #2; 05/02/2018 TOWN OF ESTES PARK: By:_______________________________ XXXXXXXXXXXXXXXXX STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this ______ day of _______, 20___, by ___________________ as ________________________ of the Town of Estes Park. Witness my hand and official seal. ____________________________ Notary Public 100 DRAFT #2; 05/02/2018 Exhibit A (Development Plat with Legal Description) 101 102 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Randy Hunt Date: May 8, 2018 RE: Final Townhome Plat, Raven Rock Townhomes, Promontory Drive at Marys Lake Road, James R. Mackey and Susan M. Mackey. Staff is requesting that this item be continued to the May 22, 2018 Town Board meeting date. 103 104 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Randy Hunt, Community Development Director Date: May 8, 2018 RE: Ordinance No. 08-18: Amendment to the Estes Valley Development Code Sec. 3.15 (General Notice Provisions) to Provide Additional Notice Requirements for Public Hearings (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review and approve proposed text amendments to the Estes Valley Development Code (EVDC) to enhance and diversify public-notification requirements for development proposals that require a public hearing by Planning Commission and/or the governing body(s). Specifically, amend EVDC to accomplish the following:  Change the format in which mailed public-hearing notices will be sent;  Expand the property perimeter within which mailed public-hearing notices will be sent;  Require posting of “Development Under Review” public-hearing-notice signage for applicable properties. Present Situation: The EVDC has for many years had only skeletal provisions for providing notifications to the public regarding development review proposals. Since 2000, the EVDC has required only two forms of public notice to citizens for development proposals that go to public hearing: (a) a legal ad in a newspaper circulated in the area; and (b) mailed written notice (content undefined) to property owners within 100 feet of the property(s) under review. Notices are to give at least 15 days’ advance notice of a “meeting.” The term “hearing” is not mentioned in the current EVDC notice language, although state law is specific about public hearing requirements (see discussion below). The notice from our office has traditionally consisted of postcards mailed to the 100- foot-radius owners, plus the legal advertisement. 105 This satisfies the bare minimum in EVDC and state law, but it’s hard to describe it as full public outreach. Not many people read legal ads, and staff and officials hear regularly from citizens who tell us they never saw the postcard notice. (Some have added that postcards are assumed to be junk mail and discarded. I suspect many of us can relate to this approach.) Citizens today expect, and frankly deserve, better notice than a postcard and an obscure advertisement. Toward that goal, the proposed amendment is an expansion and clarification of our public notice procedures. Proposal: The attached Exhibit A [Grey and Black] is aimed at adding new measures to notify the public about development proposals in Estes Valley. Specifically, it does the following:  It spells out that letters in envelopes - not postcards - will be mailed. The letter will include an aerial photo-map to show project location, as not everyone will immediately recognize a street address and very few folks will know how to find a property by legal description. (An example of the letter we used successfully in City of Laramie is attached; we can easily adapt this to Estes Valley.)  The radius within which nearby property owners will be mailed notice is expanded. The Code amendment language here is a little complicated, but the notice area basically consists of all properties that touch the subject-development property, plus 100 feet beyond those properties. (Staff has slightly modified the 100-foot measurement language since Planning Commission’s review – see the Note at this section’s end.) The number of additional properties getting notice will vary depending on the size and shape of the subject property, but roughly four (4) times the current number of mailings may be an average estimate. Staff has attached a map of a randomly selected site to illustrate the old and new perimeters. On the example, the notices go from 7 properties (current Code) to 29 properties (new Code).  Posting a standard “Development Proposal Under Review” sign on the subject property will be required, so the sign is visible to passers-by. The Community Development Department has already stocked a supply of these signs made in eye-catching colors (not Grey and Black… I think we went with burnt orange background and black letters) on laminated, weather-tolerant stock. Upon filing of a formal application requiring hearing, the applicant will leave our office with one or more signs (number depending on street frontages). Cost of the sign will be recovered by a fee paid with the application. All applicants will have to post the sign(s) at least 15 days before the hearing and send us a photo with a date-time stamp, showing the sign posted in place. The photos will be included in packets. These increased measures will cost money, of course. Encouraging economic development is a goal for Estes Park, and one way to do that is through keeping a close 106 watch on development-related fees. With that said, however, it seems reasonable to expect a particular development proposal to carry its own weight in terms of additional public-notice costs. For this reason, staff plans to propose an increase in the fees we charge to recover the added cost of materials, postage, and similar expenses for the added notification measures. Currently, notification expenses and revenues are budgeted in the Town’s General Fund; that would continue to be the case. The actual fee increase is a separate matter and not discussed further here. However, we would note two elements in that regard: 1. Fee increases would be aimed at cost recovery, no more and no less; 2. Staff would prefer a flat rate for all projects that covers average costs, recognizing that some projects will cost more and some less (mainly because of the variable number of letters sent). Staff would not expect materials and postage to increase fees by a lot. Signs of the type envisioned will cost around $10 each, according to our recent inquiries. Postage and paper would be less than $1.00 increase per each mailed letter. Any fee increase would probably not come into effect until Summer 2018 or thereabouts, as a separate amendment to our Fees structure will be needed. The additional cost between now and fee adjustment can be absorbed within existing fees for a few months. As has been common in recent months, staff is also recommending we use the Code- amendment opportunity to clean up other problems in the same EVDC sections. In this case, existing EVDC uses the terms “public meeting” and “public hearing” interchangeably and inappropriately to mean the same thing. In legal and parliamentary procedure, a “public hearing” is a very specific segment within a public meeting. The amendment cleans up this language to make it clear that notifications are for “public hearings”, in accord with Colorado Statutes, case law, and standard public meeting procedures. NOTE: One change has been made since the Planning Commission review on March 27, as follows:  Staff realized that a strict 100-foot outer boundary for the mailed-notice area could leave out properties that happened to lie across an intervening right-of- way, where the right-of-way happened to be exactly along the outer edge. For example, if an adjoining property had a 100-foot-wide right-of-way along the opposite side from the subject site, the properties across the right-of-way would get left out of the notice list. (Many state highways are 100 feet or wider.) That omission does not meet the spirit and intent of the change. Staff added a sentence to the end of Sec. 3.15.B.4.d to clarify that the right-of- way width should not be counted. This amendment could be sent back to the Planning Commission, but inasmuch as the purpose is in keeping with the concept that PC has recommended, staff does not view a remand as necessary 107 in this case. Staff will be glad to report to the PC that this change was added for the reason given. Advantages:  The change is in keeping with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review;  The amendment will increase transparency and accountability to the public and all interested parties regarding land-use public hearings. Disadvantages:  The amendment adds slightly to the length and complexity of the EVDC. Action Recommended: The Planning Commission review this amendment on March 20, 2018 and recommended unanimously that it be approved by Town Board and the Board of County Commissioners. Finance/Resource Impact: N/A [a future Fees Amendment is expected to adjust fees for additional costs] Level of Public Interest Medium. A number of citizens have commented on inadequacies in our current EVDC notice requirements. Sample Motion: I move that the Town Board of Trustees approve Ordinance No. 08-18, amending the Estes Valley Development Code as stated in Exhibit A [Grey and Black], finding that the amendment is in accord with the Comprehensive Plan and with Section 3.3 of the Development Code. Attachments: 1. Ordinance No. 08-18: An Ordinance Amending the Estes Valley Development Code Sec. 3.15 (General Notice Provisions) to Provide Additional Notice Requirements for Public Hearings (dated 2018-05-08) 2. Exhibit A [Grey and Black] (Town Board: 2018-05-08) 3. Notification Letter - City of Laramie (sample) 4. Sign illustration: “Development Proposal Under Review” 5. Map Example of Changes in Buffer Area / Perimeter 108 ORDINANCE NO. 08-18 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE SEC. 3.15 (GENERAL NOTICE PROVISIONS) TO PROVIDE ADDITIONAL NOTICE REQUIREMENTS FOR PUBLIC HEARINGS WHEREAS, on March 20, 2018, the Estes Valley Planning Commission conducted a public hearing on a proposed text amendment to the Estes Valley Development Code, Sec. 3.15 (General Notice Provisions); and found that the text amendment complies with Estes Valley Development Code §3.3.D (Code Amendments, Standards for Review); and WHEREAS, on March 20, 2018, the Estes Valley Planning Commission voted to recommend approval of the text amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Valley Development Code §3.3.D (Code Amendments, Standards for Review) and has determined that it is in the best interest of the Town that the amendment to the Estes Valley Development Code, as set forth on Exhibit A [Grey and Back], be approved; and WHEREAS, said amendment to the Estes Valley Development Code is set forth on Exhibit A [Grey and Black], attached hereto and incorporated herein by this reference: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit A [Grey and Black]. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by The Board of Trustees of The Town of Estes Park, Colorado, this day of _______, 2018. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the ________ day of _______________, 2018 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of ____________, 2018, all as required by the Statutes of the State of Colorado. Town Clerk 109 EXHIBIT A [GREY AND BLACK] (Town Board: 2018-05-08) § 3.15 - General Notice Provisions A. Newspaper Notice of Public MeetingsHearings. At least fifteen (15) days' notice of scheduled public Public meetings Hearings before a reviewing agency or body shall be published in one (1) or more newspapers of general circulation in the Estes Valley. The notice shall specify the time and place of the meeting/hearing, and the specific nature of the matter to be heard. B. Written Notice of Public MeetingsHearings. 1. Whenever a public Public meeting Hearing is required by a reviewing agency or bodythis Code for any specific property(s), the Staff department shall be responsible for mailing written notice at least fifteen (15) days before the scheduled meeting to all landowners within one hundred (100) feet of the subject propertya specified boundary perimeter as required in this Section. 2. Failure to send or receive this written notice shall not affect the review and decision concerning the development application. 3. Written notice shall be sent by regular USPS mail in a standard business envelope, and shall include the type of review (such as rezoning, Special Review, etc.), the location of the property(s) proposed for review, identification of the body conducting the publicPublic hHearing, the date, time and location of the pPublic hHearing, a notice that written comment may also be submitted for the hearing record at any time prior to the hearing’s close, staff contact information, and a procedure for obtaining additional information if desired. 4. The boundary perimeter within which written notice is to be mailed shall be determined to include the following: a. The subject property(s); b. All properties abutting the subject property(s); c. All properties directly across a public street or public right-of-way from the subject property(s), measured by a straight line perpendicular to the street or right-of-way centerline; d. All properties in whole or in part less than or equal to 100 linear feet from the outermost boundaries of any property included in (a), (b), or (c) of this Section. The width of any intervening public street or public right-of-way shall not be counted against the 100-foot linear measure. C. Posted Notice of Public MeetingsHearings. Required posted notice requirements shall be on a standard sign with format and material as determined by the department. The following additional requirements shall apply to posted notices pursuant to this Section: 1. Any posted notice shall be legible from a public street or public right-of-way in clear weather conditions. “Legible” is defined as meeting the legibility requirements in Estes Park Municipal Code Chapter 17.66 (Signs). 2. Projects abutting more than one public street or public right-of-way shall be required to post one (1) additional notice for each additional abutting public street or public right-of-way. 3. Posting of all notice(s) required by this Section shall take place no later than fifteen (15) days prior to any given Public Hearing for which the posting is required, and the posted signage shall remain until the close of any such Public Hearing, including the closing dates of any Public Heating that may be continued or postponed. 110 4. A project with multiple required Public Hearing dates (for example, a project with a Planning Commission Public Hearing followed by a Town Board Public Hearing) may retain the same posted notice(s) throughout the cycle of Public Hearings, provided the posted notice(s) remain in reasonable repair and continue to be legible per the requirements of Sec. C.1 5. Proof that the property was posted in accord with this Section shall be provided to the department prior to the opening of any Public Hearing. A date-stamped photograph of the posted notice in context, showing a date in compliance, shall be deemed adequate proof for purposes of this Section. 6. Removal, damage or destruction of a properly posted notice by weather or other natural occurrence shall not be construed as failure to comply with the public-notice provisions of this Code. 111 NOTICE OF PUBLIC HEARING BEFORE THE LARAMIE PLANNING COMMISSION ON A REQUEST FOR LAND USE PLAN AMENDMENT (CPA-17-01) WHAT: Land Use Plan Amendment from UR (Urban Residential) to SC (Suburban Commercial) for an area approximately 1.9 acres in size PROPERTY LOCATION: Generally located east of the intersection of Evans St. and Irma Ct. west of Interstate 80 APPLICANT/ OWNER: HEARING: PROCEDURE: Westfield Storage, LLC Planning Commission City Council Chambers, City Hall 406 Ivinson Avenue, 4:30 P.M. Monday, October 9, 2017 At the appropriate time during the hearing, anyone who wishes to speak concerning this case will be given the opportunity to do so. You may also submit written comments for the record. Questions or Comments? Please contact Charles Bloom, Principal Planner, City of Laramie Phone: 307-721-5232; email: cbloom@cityoflaramie.org; or US Mail: Planning Division, P.O. Box C, Laramie, WY 82073 Additional Information: Please visit the City of Laramie Website at www.cityoflaramie.org for additional information. Applications, supporting materials and staff reports are available at the Community Development Department, located in the Carnegie Building at 405 East Grand Ave. (northeast corner of Grand & 4th) You are being sent this notice because County records indicate that you own property bordering, or within 300 feet of, the above- described property. Please feel free to share this information with anyone who may be interested. Thank you! City of Laramie Planning Division P.O. Box C Laramie, WY 82073 Telephone: (307) 721-5207 Fax: (307) 721-5248 112 113 114 WATER DIVISION Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Director Bergsten, Attorney White, Project Manager Swoboda Date: May 8, 2018 RE: Resolution #08-18 Approving Water System Loan for Park Entrance Mutual Pipeline and Water Company PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Obtain approval of Loan Resolution #08-18 providing for the incurrence of indebtedness from the USDA for the reconstruction of the Park Entrance Mutual Pipeline & Water Company (PEMPWCo) drinking water distribution system. Present Situation: The Town has been working with PEMPWCo since 2015 on a voluntary water system transfer. Financing to rebuild their old water main is being provided by the USDA's Rural Utilities Service (RUS). The funding consists of a $658,000 loan and a grant of up to $529,000. Proposal: We propose approval of the resolution which will set in motion reconstruction of the PEMPWCo drinking water distribution system. Advantages: This project supports the Town’s mission to provide high-quality, reliable services for the benefit of our citizens while being good stewards of public resources. All project funding will be covered by PEMPWCo customers. Disadvantages: Staff workload will increase; however, hours and costs will be logged and included for reimbursement through the project. Utility billing will create and manage a surcharge line item for these 18 properties to repay all project expenses. Action Recommended: Staff recommends the approval of Resolution # 08-18. 115 Finance/Resource Impact: None, the PEMPWCo customers will pay all project costs. Level of Public Interest Customers of all private water systems are very interested in the success of this process. Interest outside private water systems is low. Sample Motion: I move for the approval of Resolution # 08-18. Attachments: Resolution # 08-18 - Loan Resolution Form 1780-27 116 Position 5 RUS BULLETIN 1780-27 APPROVED OMB. No. 0572-0121 LOAN RESOLUTION (Public Bodies) A RESOLUTION OF THE OF THE AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE. WHEREAS, it is necessary for the _______________________________________________________________________________ (Public Body) (herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of __________________________________________________________________________________________________________ pursuant to the provisions of _______________________________________________________________________________; and WHEREAS, the Association intends to obtain assistance from the United States Department of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning. financing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no other acceptable purchaser for such bonds is found by the Association: NOW THEREFORE, in consideration of the premises the Association hereby resolves: 1.To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government. 2.To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)). 3.To provide for, execute, and comply with Form RD 400-4, "Assurance Agreement," and Form RD 400-1, "Equal Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached as a rider to, each construction contract and subcontract involving in excess of $10,000. 4.To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal ly per- missible source. 5.That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan, the Government at its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and payable, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility, repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Government and executed or assumed by the Association, and default under any such instrument may be construed by the Government to constitute default hereunder. 6.Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, or permit others to do so, without the prior written consent of the Government. 7.Not to defease the bonds, or to borrow money, enter into any contractor agreement, or otherwise incur any liabilities for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8.To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the system. 9.To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10.To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance, and the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte- nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by USDA. No free service or use of the facility will be permitted. According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0572-0121. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. RESOLUTION 08-18 117 -2- 11.To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government. 12.To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit without its request, and to forward to the Government such additional information and reports as it may from time to time require. 13.To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14.That if the Government requires that a reserve account be established, disbursements from that account(s) may be used when necessary for payments due on the bond if sufficient funds are not otherwise available and prior approval of the Government is obtained. Also, with the prior written approval of the Government, funds may be withdrawn and used for such things as emergency maintenance, extensions to facilities and replacement of short lived assets. 15.To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain USDA’s concurrence prior to refusing new or adequate services to such persons. Upon failure to provide services which are feasible and legal, such person shall have a direct right of action against the Association or public body. 16.To comply with the measures identified in the Government's environmental impact analysis for this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. 17.To accept a grant in an amount not to exceed $ under the terms offered by the Government; that the and of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and to operate the facility under the terms offered in said grant agreement(s). The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the Association and the Government or assignee. The vote was: Yeas Nays Absent IN WITNESS WHEREOF, the of the has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this day of (SEAL) By Attest: Title Title , 118 -3- CERTIFICATION TO BE EXECUTED AT LOAN CLOSING I, the undersigned, as of the hereby certify that the of such Association is composed of members, of whom , constituting a quorum, were present at a meeting thereof duly called and held on the day of ; and that the foregoing resolution was adopted at such meeting by the vote shown above, I further certify that as of , the date of closing of the loan from the United States Department of Agriculture, said resolution remains in effect and has not been rescinded or amended in any way. Dated, this day of Title 119 120 TOWN CLERK Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: May 8, 2018 RE: Interview Committee for Transportation Advisory Board PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: To appoint Town Board members to the interview committee for the two positions open on the Transportation Advisory Board. Present Situation: The Transportation Advisory Board is currently made up of nine volunteer community members. The Board has two positions that expired on March 31, 2018. Administrative Services has continued to advertise the openings and currently has four applications. Proposal: Per Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview panel for the Transportation Advisory Board openings. Budget: None. Level of Public Interest. Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Transportation Advisory Board interview panel. 121 122 Farmersi1\r..i,.May8,2018Mr.MichaelR.KingswoodMrs.CynthiaA.Kingswood152StanleyCircleEstesPark,CO80517RE:LetterofCreditMountainWoodTownhomes,260StanleyAvenue,EstesPark,CODearMikeandCindy,ThiscorrespondenceisbeingprovidedtoconfirmtheLetterofCreditinprocessfortheabovereferencedproject.Weareinreceiptoffinancialinformationnecessarytoassembleyourrequestforsubmissionforfinalapproval.Suchapprovalwillbesubjecttocertainconditionsrequiredbyfederallawandbankpolicy.PreliminaryfindingsindicatethatyouarewellqualifiedandthatotherconditionsareanticipatedtobemetforaletterofcredittobackthepublicimprovementsfortheabovereferencedprojectintheindicatedamountofS25l,626.Myunderstandingisthatthisamountmaybereducedasfinalcostestimatesarecompiledbyprojectengineers.Shouldyouhavequestionsorrequireadditionaldetail,youmaycontactmebyphoneoremailasreferencedbelow.irely,JimilerBanresident,ortCollinsBankjmiller(u.farmersbank-weld.com713S.LemayAvenue,FortCollins,Colorado80524Phone(970)221-2020•Fax(970)221-7201•www.fannersbank-weld.com