HomeMy WebLinkAboutPACKET Town Board 2018-06-12The 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, June 12, 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.
Update on Policy 3.1 Customer Service.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 22, 2018, Study Session Minutes dated May 22,
2018, and May 31, 2018.
2. Bills.
3. Estes Valley Board of Adjustment Minutes dated April 3, 2018 (acknowledgement
only).
4. 2018 Shuttle Services Contract with McDonald Transit Associates, Inc.
2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. ACTION ITEMS:
A. FINAL TOWNHOME PLAT, Raven Rock Townhomes, Promontory Drive at
Marys Lake Road, Applicants James R. Mackey And Susan M. Mackey. Director
Hunt.
3. ADJOURN.
Prepared 06/01/2018
1
2
TOWN BOARD MEETING
June 12, 2018
Town Administrator Report: Update on Policy
3.1 Customer Service
A Memo Will Not be Provided for
This Item
3
4
Town of Estes Park, Larimer County, Colorado, May 22, 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 22nd day May, 2018.
Present: Todd Jirsa, Mayor
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Cody Rex Walker
Ken Zornes
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 regular meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Martchink)to approve the Agenda,and it passed
unanimously.
PUBLIC COMMENTS.
Pat Newson/Town citizen welcomed the citizens to the Memorial Gardens to celebrate
the 34th anniversary of the Gardens on Memorial Day and to recognize those that have
served our country.
TOWN BOARD COMMENTS
Trustee Zornes stated he attended the recent Wasteshed meeting and the Visit Estes
Park Executive candidate presentation and citizen meet and greet. He invited the citizens
to the Memorial Day services at the Garden, pancake breakfast at the American Legion
and a ceremony at the Veteran’s Memorial monument.
Trustee Norris stated the Family Advisory Board (FAB) would hold a special meeting to
hear a presentation from the Economic Development Corporation (EDC) on workforce
housing on May 24, 2018. The Estes Valley Planning Commission (EVPC) continues to
discuss increasing the number of meetings, changing meeting times, and producing
meeting minutes for the study sessions held prior to the regular meetings. All efforts are
to provide citizen input. The EVPC would review the residential vacation home cap of
588 which was reached in the past two weeks. He reviewed the Planning Commission
agenda, including the approval of a Special Review for Eagle Rock School and the denial
of a rezoning request for the property directly behind the Twin Owls Lodge.
Trustee Walker attended the recent EDC meeting. He commented the Town should
determine the value of the $40,000 annual funding; what does the EDC complete annually
based on their mission; would the Town complete the tasks on its own; and does the EDC
complete the tasks at a less expensive manner than could be completed by the Town.
Trustee Bangs attended the Transportation Advisory Board meeting in which the five and
ten year objectives and budget were reviewed. The Board discussed recommendations
for the Town Board’s strategic plan meeting in June.DRAFTdmidmi
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ARD COMMENTSARD COMMENTSDnes nes stated he attendestated he atte
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5
Board of Trustees –May 22, 2018 –Page 2
Trustee Cenac attended the Mayor’s Chat this month. She proposed the Board hold a
similar Trustee Chat in the evenings to hear from the citizens.
Trustee Martchink commented the Parks Advisory Board met and received a Parks
update including several project updates. The Board discussed the importance of
expanding the greenhouse due to an increase in plantings around town.
TOWN ADMINISTRATOR REPORT.
No items were reported.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 8, 2018 and Study Session Minutes dated May
1, 2018 and May 8, 2018.
2. Bills.
3. Transportation Advisory Board Minutes dated April 18, 2018
(acknowledgement only).
4. Parks Advisory Board Minutes dated April 19, 2018 (acknowledgement only).
5. Estes Valley Planning Commission Minutes dated April 10, 2018
(acknowledgement only).
6. Appointments to the Transportation Advisory Board.
a. Linda Hanick to complete the term of Ken Zornes expiring on March 31,
2019.
b. Ron Wilcocks, 3-year term expiring March 31, 2021.
c. Janice Crow, 3-year term expiring March 31, 2021.
7. Intent to Annex Resolution #09-18 Eshelman Addition, 1901 Fish Creek Road,
Public Hearing date scheduled June 26, 2018.
It was moved and seconded (Martchink/Cenac)to approve the Consent Agenda,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS:(Outside Entities).
1. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY UPDATE.
Kent Smith/Vice President provided an update on the organization, including and
update on the current board members, no membership dues until the fall to give
people a chance to try out the organization, a new postcard to all new
businesses, continue the Explore Your Store events, and continue the
development of additional membership opportunities.
2. FACILITATING ALTERNATIVE HOUSING OPTIONS WITHIN THE ESTES
VALLEY.Amber Groll, University of Colorado Denver Master of Urban and
Regional Planning graduate presented her Capstone project on alternative
housing options in Estes Park, including accessory dwelling units. The study
included the review of 35 other Colorado mountain communities. She stated the
lack of workforce housing is due to a growing population, increased housing
demand, high housing cost and median rent of $2,200, second home ownership,
and increased tourism. She stated 85% of employers are impacted and 28% of
the workforce commutes 25 or more miles. She recommended the Town update
the Comprehensive Plan and Development Code to allow for and encourage
ADUs in all residential zoning districts, reduce minimum lot size requirements,
standardize unit sizes, create clear fee schedule, require homeowner occupancy,
prohibit short-term rentals of ADUs, increase permitted lot coverage, grandfather
non-conforming ADUs, create a streamlined implementation process, and create
an ADU program. ADUs would increase the housing options, increase housing DRAFTated ated
9, 2018 (acknowledge9, 2018 (acknow
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sed sed unanimouslyunanimously.
TS AND DISCUSSIOTS AND DISCUSDALLEY PAALLEY PADiceicePP
6
Board of Trustees –May 22, 2018 –Page 3
stock, create infill development, provide additional income, allow aging in place
and use existing infrastructure.
3. PLANNING COMMISSION ITEMS:
1. CONSENT ITEMS:
A. FINAL TOWNHOME PLAT,Raven Rock Townhomes, Promontory Drive at
Marys Lake Road, James R. Mackey And Susan M. Mackey. Request for
continuance to June 12, 2018.
It was moved and seconded (Norris/Bangs)to approve the Planning
Commission Consent Agenda, and it passed unanimously.
2. ACTION ITEMS:
A. ORDINANCE #09-18 REZONING FROM CH-COMMERCIAL HEAVY TO
CO-COMMERCIAL OUTLYING, 920 DUNRAVEN STREET, JOSE
TRINIDAD GONZALES RUIZ, MARK NEWENDORP.Mayor Jirsa opened
the public hearing. Planner Becker presented the application to rezone the
property from CH –Commercial Heavy to CO –Commercial Outlying to allow
for a microbrewery/tasting room. The site has 19 parking spaces and requires
little modification to provide indoor and outdoor seating areas. The current
uses in the area are a mix of commercial, office and commercial heavy
activities. A Development Plan and lot consolidation for the property has
been submitted and continues to be reviewed by staff and affected agencies.
Mark Newendrop/Brewery Owner stated the purchase of the building and
opening of the new business was conditional on the approval of the rezoning
request. The new business would provide jobs in the community.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance. It
was moved and seconded (Walker/Martchink)to approve the Zoning Map
Amendment and Ordinance #09-18 to rezone Lots 12 and 13 Quasebarth
Resubdivision, 920 Dunraven Street from CH-Commercial Heavy to CO-
Commercial Outlying, and it passed unanimously.
B. ORDINANCE #10-18 REZONING FROM E-ESTATE TO RM-RESIDENTIAL
MULTI-FAMILY, STANLEY AVENUE TOWNHOMES, 260 STANLEY
AVENUE.Major Jirsa opened the public hearing. Planner Becker presented
the application to rezone the property from E-Estate to RM-Residential Multi-
Family to combine the lot with an adjacent RM zoned lot for the purpose of
developing a townhome development project. The subject property recently
had a Final Plat approved on May 8, 2018 approving a split of the two (2) lots
into eight (8) lots for residential use and two (2) Outlots referred to as A and
B. In addition, the applicant has submitted the Stanley Avenue Townhomes
Development Plan as a site plan review. The applicant is under contract with
the Town (current owner) to purchase the subject property (small triangular
tip to the north) encompassing 0.07 acres in order to achieve the allowable
density for development of the eight (8) workforce housing townhomes. The
applicant intends to use the 0.07-acre parcel as a detention pond for the
Stanley Avenue Townhomes Development. Mayor Jirsa closed the public
hearing. Attorney White read the Ordinance. It was moved and seconded
(Norris/Bangs)to approve the Zoning Map Amendment and Ordinance
#10-18 to rezone a Portion of Lot 20, Little Prospect Subdivision, 260
Stanley Avenue from E-Estate to RM-Residential Multi-Family, and it
passed unanimously.
4. ACTION ITEMS:
1. RESOLUTION #10-18 SUPPORTING IMMIGRATION REFORM.Rene
Moquin/Concerned Citizens for our Immigration Community read a prepared DRAFTTAVEN AVEN
TNDORP.NDORP Ma
Ted the applicationed the app
CO CO ––Commercial OutlCommerc
te has 19 parking spaces ate has 19 parking spa
and outdoor seating areasnd outdoor seating area
ommercial, office and coommercial, office and co
n and lot consolidatid lot conso on fo
s to be reviewed by staff as to be reviewed
ery Owner stated the puOwner stated the pu
usiness was conditional s was conditional o
business would provide jobusiness would provide jo
losed the public hearing. losed the public hearing
d and seconded and seconded ((WalkerWalker
ment and and Ordinance #09Ordinance #09
bdivision, bdivision, 920 Dunraven920 D
mmercial Outlyingmmercial Outlying,,and a
ORDINANCE #10ORDINANCE #10--18 RDULTIULTI--FAMILY, STFAMILY, DNUE.NUE.Major JMajor JDcation cation
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Board of Trustees –May 22, 2018 –Page 4
letter dated April 25, 2018 requesting the Board consider the adoption of the
proposed Resolution to support immigration reform and support the immigrant
population who support the local economy. He further stated the economic,
social, and cultural survival of the community would be threatened unless the
citizens come together to support the local immigrant population. He read the
Resolution in English followed by Jose Almeida in Spanish.
Those speaking in support of the Resolution included Lois Olson/Town citizen,
Carlos Degaldo/Town citizen, and Jose Almeida/Town citizen. Comments
included the United States was founded by immigrants, the laws should respect
all and welcome all, the Resolution supports the immigration process, immigrants
want to be apart of the community and help the community, and the Board has
an obligation to lead and pass Resolution that would show support for positive
change in the immigration process.
Millicient Cossie/Town citizen spoke in opposition to the Resolution stating
America is the melting pot of legal immigration. Immigration has always been a
difficult process and not all that came to America made it through the process.
She supports the laws and legal immigration.
Board comments followed and have been summarized: the issue of immigration
has become a partisan issue with both sides wanting to fix the issue and the
proposed Resolution is bipartisan; the proposed Resolution was reviewed by the
Town Attorney White and Police Chief Kufeld as it relates to sanctuary
community concerns; the language is symbolic rather than substantive; and
immigrants are important to the community.
It was moved and seconded (Norris/Zornes)to approve Resolution #10-18,
and it passed unanimously.
2. MEMORANDUM OF UNDERSTANDING WITH ROCKY MOUNTAIN
PERFORMING ARTS CENTER.Town Attorney White prepared a Memorandum
of Understanding (MOU) between the Town and Estes Performance Inc. (EPIC)
to site a performing arts complex on 4.5 acres of Stanley Park located on the
southwest corner of Community Drive and Highway 36 if milestones set forth in
the agreement are met. If EPIC meets the requirements, the Town and EPIC
would enter into a Ground Lease with a 20-year initial term and require EPIC to
be responsible for all cost of the design, construction and operation of the
performing arts complex. EPIC would be required to raise a total of $11 million
in pledges and gifts on or before March 1, 2019 with an option to extend the
deadline to June 1, 2019, and an additional $16.75 million on or before December
1, 2019. The MOU would automatically terminate if the funds are not raised.
Administrator Lancaster further stated the MOU would have to be incorporated
into the Master Plan and the MOU states any Town facilities displaced would
have to be replaced at the cost of EPIC.
Board comments were heard and summarized: questioned the term fundraising
and whether or not EPIC would be expected to have the funds in the bank or
would pledges suffice; questioned what happens to any buildings on the property
if EPIC walked away from them; stated concern with the location on the Stanley
Park property and the need to move the current facilities in the location outlined
in the MOU; and the addition of parking and not utilizing shared facilities to limit
the need for new concrete and asphalt on the property.
Charley Dickey/Town citizen stated support for the EPIC project. He questioned
how the Board could approve the location for the performing arts complex on the
Stanley Park property prior to the completion of the Master Plan and without
receiving public comment.
Stan Black/EPIC Board member commented a pledge is a legally binding
contract between EPIC and the donor with specific language on when and how
the funds can be collected. The proposed location on the Stanley Park property DRAFTatat
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June 1,June 1,
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8
Board of Trustees –May 22, 2018 –Page 5
has been identified by EPIC as the best location. The sketch provided for the
purpose of the MOU was completed with a rough layout of the types of facilities
that could be located on the property and not necessarily the final locations.
EPIC anticipates being involved in the Master Planning process. In order to
begin the fundraising campaign this season, the MOU would be needed to assure
donors EPIC has a location for the theater. A delay in approving the location
until after the Master Planning process would require EPIC to suspend
fundraising until a final decision could be made by the Town. The MOU would
allow EPIC 4.5 acres of contiguous property at the fairgrounds
Further discussion was heard by the Board: questioned if the Master Plan does
not determine the current location is the highest and best use for a performing
arts center would EPIC support a new location on the property; stated concern
with committing to the MOU before the community has provided input; and the
Board requested the MOU at a pervious meeting thereby supporting the facilities
at the fairgrounds. Any changes to the MOU would have to be approved by the
EPIC Board.
Trustee Norris suggested additional language be added to B.1 Location to
include the following: the final location of the 4.5 acres may be revised based on
the Master Planning process. Mr. Black stated EPIC would have to complete an
additional cost estimate for the specific location identified, adding costs and
delaying the construction of the project.
A substitute motion was offered, it was moved and seconded
(Zornes/Martchink) to approve the Memorandum of Understanding with the
Rocky Mountain Performing Arts Center with no amendments,and the
motion failed with Mayor Jirsa, Mayor Pro Tem Walker, Trustee Cenac, and
Trustee Norris voting “No”.
With the failure of the substitute motion the original motion was considered. It
was moved and seconded (Norris/Bangs)to approve the Memorandum of
Understanding with the Rocky Mountain Performing Arts Center and the
Town of Estes Park with the addition to B.1 Location to add the following:
The final location of the 4.5 acres site may be adjusted based on the results
of the Town Master Plan, and it passed with Trustee Martchink voting “No”.
3. RESOLUTION #11-18 SUPPLEMENTAL BUDGET APPROPRIATION.Director
Hudson presented a Resolution to amend the 2018 Budget to appropriate funds
for the Stanley Park Master Plan, electric trolley project, the Community Drive/US
Hwy 36 Intersection project and the Moraine Avenue Bridge project along with
the matching grant funds. The Master Plan would be funded through funds
received from CIRSA for a claim to the arena footing in the mount of $124,991.50.
The amendment would appropriate $460,000 for the acceptance of a new electric
trolley and grant funds in the amount of $360,000. Parking structure project
savings were earmarked for the grant match. The Town was awarded additional
CDBG grant funds in the amount of $293,057 to cover the costs of scope
changes and efforts to accelerate work due to unanticipated delays for the
Moraine Bridge project. Staff has requested $14,000 for design cost to explore
a roundabout in lieu of a turn lane at Community Drive and US Hwy 36 and an
additional $102,500 for construction.
Stan Black/Transportation Advisory Board member stated all aspects of the
intersection have been studied by the TAB and the Board supports a roundabout
at this location.
Nathan Richardson/Town citizen stated a roundabout in this area could be
problematic for the school students driving to the High School.
It was moved and seconded (Martchink/Walker)to approve Resolution #11-
18, and it passed unanimously.DRAFTe added toe add
acres maacres may be revy
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ocation identified, addingocation identified, ad
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ng with the Rocky Moung with the Rocky Moun
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Town MastTown Master Plan, er Plan, and a
SOLUTION #11SOLUTION #11--18 SUP18Dnnpresented a Represented a R
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9
Board of Trustees –May 22, 2018 –Page 6
4. MORAINE AVENUE BRIDGE CONSTRUCTION CONTRACT REVISION.
Manager Hook presented the request to amend the contract with Structures, Inc.
to increase funding by $460,617.50 for a total cost of $2,505,971.04. The
additional grant funds received through CDBG-DR would support the accelerated
work, stormwater drainage pipe replacement and other work modifications to
ensure opening of the roadway by Memorial Day weekend. It was moved and
seconded (Norris/Cenac)to authorize construction contract change orders
with Structures, Inc. for the Moraine Avenue Bridge Replacement Project
for a total amended contract of $2,505,971.04, an increase of $460,617.50,
and it passed unanimously.
5. RESOLUTION #12-18 SUPPLEMENTAL BUDGET APPROPRIATION TO
BEGIN IMPLEMENTATION OF THE DOWNTOWN PARKING MANAGEMENT
PLAN RECOMMENDATIONS.The Town Board approved the Downtown
Parking Management Plan at their January 23, 2018 meeting. In order to
implement Phase 1 of the Plan staff has proposed a budget amendment to
purchase equipment and hire a manager to lead a new Parking and Transit
Division. Staff further recommended an internal reorganization to move both the
existing Transportation services (shuttle) from the Community Services
department and parking enforcement from the Police department to Public
Works. The Resolution to amend the budget would move $240,000 from the
Community Reinvestment fund, unspent contingency funds allocated to the
parking structure project, to the General fund to cover the costs of
implementation. The existing Transit Program Manager position would be
eliminated with the hiring of a new Transportation Manager. It was moved and
seconded (Walker/Cenac)to approve Resolution #12-18, and it passed
unanimously.
6. APPOINTMENT OF TRUSTEE REPRESENTATIVE TO THE LARIMER
COUNTY REGIONAL TRANSPORTATION FUNDING TASK FORCE.Director
Muhonen stated a Regional Task Force consisting of political leaders from
Larimer County, Fort Collins, Loveland and Estes Park was formed to address
the transportation infrastructure expansion needs of the area. Trustee Holcomb
was the Board liaison for the group prior to the Municipal Election in April. As he
was not re-elected a member of the current Board was requested.It was moved
and seconded (Norris/Cenac)to approve the appointment of Trustee
Martchink to the Larimer County Regional Transportation Funding Task
Force, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:39 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town ClerkDRAFT ewew
ganizatganiza
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approve Resolution #1approve Resol
RUSTEE REPRESENTAEE REPRESENT
RATRANSPORTATION FUTRANSPORTATION FU
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Fort Collins, Loveland anFort Collins, Loveland
tion infrastructure expanson infrastructure expans
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10
Town of Estes Park, Larimer County, Colorado May 22, 2018
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in
Rooms 202/203 in said Town of Estes Park on the 22nd day of May, 2018.
Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs
Cenac, Martchink, Norris and Zornes
Attending:All
Also Attending:Town Administrator Lancaster, Assistant Town Administrator
Machalek, Town Attorney White, and Recording Secretary
Beers
Absent:None
Mayor Jirsa called the meeting to order at 5:00 p.m.
CIRSA LIABILITY TRAINING.
Sam Light with Light/Kelly P.C Law Firm provided a presentation on best practices,
liability, and ethics for elected officials. He stated the presentation is a training resource
only and stressed the need to consult staff or the Town Attorney when situations arise.
He also reviewed the Open Meetings law and Open Records law and the need for
transparency.
ABILENE PARADOX.
Town Administrator Lancaster requested the Board engage in viewing the Abilene
Paradox management short film.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
The Board requested additional time with CDOT and the Central Federal Lands
Highway Division staff to discuss the Estes Park Downtown Loop project at the June 12,
2018 study session meeting.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Lancaster stated the July 10th study session meeting item for the
Annexation of Fawn Valley would include discussion on several other enclaves.
There being no further business, Mayor Jirsa adjourned the meeting at 6:43 p.m.
Bunny Victoria Beers, Recording SecretaryDRAFTt Town Adt Tow
d d Recording SRec
m.m.
Firm Fi provided a presentation ona prese
alss. He . He stated the presentation is astated the presentat
nsult st staff or the Town Attorney wtaff or the Town Attorney
Meetings law and Open Recordss law and Open Records
Lancaster requested the BoardLancaster requested the
ment ment short film.short film.
& ADMINISTRATOR COMMENTSINISTRATOR COMMENTS
DRd requested additional time wited additi
ay Division staffay Division sta to discuss the o discu Este
study session study session meetingmeeting. .
FUTURE STUDY SESSION AGEFUTURE STUDY SESSION AGEDown Administrator Lancasterown Administrator Lanc
exatiexation of Fawn Valley won of Fawn Valle
no furthno furth
11
Town of Estes Park, Larimer County, Colorado May 31 2018
Minutes of a Study Session meeting of the TOWN BOARD of the Town
of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in
the Board Room in said Town of Estes Park on the 31st day of May,
2018.
Board: Mayor Jirsa, Mayor Pro Tem Walker, and Trustees Bangs,
Cenac, Martchink, Norris and Zornes
Attending: Mayor Pro Tem Walker and Trustees Bangs, Cenac, Norris
and Zornes
Also Attending: Town Administrator Lancaster, Town Attorney White,
Director Hunt, Estes Valley Planning Commissioners Leavitt
and White, and Town Clerk Williamson
Absent: Mayor Jirsa and Trustee Martchink
Mayor Pro Tem Walker called the meeting to order at 8:10 a.m.
OVERVIEW OF COMPREHENSIVE PLAN & NEED FOR REWRITE.
Estes Valley Planning Commission (EVPC) Chair Leavitt provided a definition of a
Comprehensive Plan, the difference between the Plan and the Estes Valley
Development Code, the last Plan adopted in 1996 by the Town and the County, and the
policies governed by the Plan, including land use, community design, growth
management, mobility and circulation, housing, scenic and environmental quality,
economic, and intergovernmental coordination. The Estes Valley Development Code
and rezoning map were development after the adoption of the Comprehensive Plan in
order to implement the action plan outlined in the Plan. The Town and County have
attempted a number of updates to the Comprehensive Plan over the years; however,
the Planning Commission consensus has been to complete a new Plan. In developing
a new Plan, the EVPC would prepare the plan, hold public hearings, adopt the Plan,
and the governing bodies (Town and County) would hold public hearing and approve
the final plan.
Funding Options.
Funding for a new Plan has been discussed by members of the Town Board and
County Commissioner with each entity sharing in the cost. The Town Board would
discuss the Comprehensive Plan during the Board’s Strategic Plan Study Session on
June 8, 2018, and the Joint Study Session between the County, Town and EVPC on
June 14, 2018. Once each entity has committed funding for the project in their 2019
budgets, the EVPC would request work begin in 2018 and an additional limited-term
Administrative Assistant be hired to provide support for the project. EVPC Chair Leavitt
stated grant funding through DOLA may be available to fund the development of a new
Plan with application deadlines in August and December.
Timing to Initiate & Complete Rewrite.
EVPC Chair Leavitt stated the next steps would include the issuance of a joint
announcement informing the citizens of the governing bodies endorsement to develop a
new Plan; the approval of a start-up budget of $20,000 to provide staffing assistant and
direct cost of meetings; include the Comprehensive Plan in the Town Board’s 2019
Strategic Plan; and the development of an RFP for a consultant to prepare the Plan.
Miscellaneous.
13
Town Board Study Session – May 31, 2018 – Page 2
EVPC Chair Leavitt stated the EVPC and the governing bodies need to develop an
interim process to address the large and complicated developments that are already
being processed and for those that may come during the development of the new Plan.
Discussion followed and has been summarized: what other entities would need to be
involved in the approval process; would the updated Stanley Park Master Plan be
included in the overall Comprehensive Plan; and the Town Board has not approved or
stated support for the financing of a new Plan.
The EVPC and governing bodies would be the approving entities with stakeholders
involved in the development of the new Plan. All current Master Plans would be used in
the development of a new Plan, including the Stanley Park, Downtown Plan, etc. An
RFP has been developed for the June 14th meeting for review by the EVPC, County
Commissioners and Town Board. The process would take approximately a year and a
half to two years to complete.
There being no further business, Mayor Jirsa adjourned the meeting at 8:54 a.m.
Jackie Williamson, Town Clerk
14
RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment
April 3, 2018 9:00 a.m.
Board Room, Estes Park Town Hall
Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete
Smith, John Lynch
Attending: Members Newsom, Lynch, Smith, Moreau, and Poggenpohl
Also Attend ing: Community Development Director Randy Hunt, Planner I Robin Becker,
Senior Planner Jeff Woeber, Recording Secretary Karin Swanlund
Absent: None
Chair Poggenpohl called the meeting to order at 9:00 a.m. There were six people in
attendance. He introduced the Board Members and staff.
1. AGENDA APPROVAL
It was moved and seconded (Smith/Newsom) to approved the agenda as presented
and the motion passed unanimously.
2. PUBLIC COMMENT
None.
3. CONSENT AGENDA
Approval of minutes dated March 6, 2018
It was moved and seconded (Newsom/Smith) to approve the minutes for March 6 as
presented and the motion passed unanimously.
4. 260 STANLEY AVENUE-Stanley Avenue Townhomes
Planner Becker reviewed the staff report. The variance request is to allow parking in the
required 15’ landscaping buffer and relocation of the landscaping buffer in RM-Multi
Family Residential zoning district.
Planner Becker reviewed the staff findings. The application was routed to affected
agencies. A legal notice was published in the local newspaper and adjacent property
owners were notified by mail. There were no public comments received. Staff
recommended approval of the variance request with no conditions.
Staff and Board Member Discussion
Board Members asked questions about: number of parking spaces required; if units
would be rented or sold; what benefits did work force housing designation contribute to
this project; is it possible to reduce units to meet landscaping requirements; parking in the
power line easements (where Utilities doesn’t want landscaping); will all proposed
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RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 2
April 3, 2018
landscaping fit; irrigation/watering of landscaping; why there is zero setback for
Townhome Development on this project.
Director Hunt answered that four of the eight units would have to be deed or covenant
restricted and identified as such prior to sale; number of parking spaces depends on
number of bedrooms; density bonus allows double the units to be built, as long as work
force housing designation is followed; possible future code amendements regarding
landscaping and irrigation and how it would pertain to fire hazards; zero setbacks are from
the townhome, not the edge of the primary parcel.
Applicant Tom Bergman, Van Horn Engineering, answered that the units are to be sold,
however they could be rented after being sold; an alternative landscape plan was
submitted to meet landscaping requirements. He stated that the current code was not
written for double density; therefore, most projects would have to request variances no
matter what the lot shape.
It was moved and seconded (Moreau/Poggenpohl) to approve the requested
variance. The motion passed unanimously.
5. 1051 SUTTON LANE-Owner: Dianne Richter
Planner Woeber reviewed the staff report. The variance request is to allow a 13-foot
setback on the east side of the property the E-1 zone district. The E-1 district requires 25-
foot setbacks on all sides. The applicant desires to build a mudroom to the existing
building. Staff recommended approval of the variance request.
Planner Woeber reviewed the staff findings. The application was routed to affected
agencies. A legal notice was published in the local newspaper and adjacent property
owners were notified by mail. There was no public comment received.
Board/Staff/Applicant Discussion:
Board asked if there is a variance request established for the south side of house and the
shed that is sitting in the set-back on the south west side of lot. Finding that there is not,
Director Hunt stated that the fee could be waived if another variance is applied for in this
calendar year.
It was moved and seconded (Lynch/Moreau) to approve the variance to 13 feet on
the east side of the property and a fee waiver for additional variances applied for
within this calendar year. The motion passed unanimously.
6. CHELEY HIGH ROPES COURSE-Cheley Colorado Camps
Planner Woeber reviewed the staff report. The variance is to allow a “High Ropes
Structure” which needs a 43-foot height requirement in lieu of the maximum 30-foot height
on the east property line of Cheley Camp, 3960 Fish Creek Road.
Planner Woeber reviewed the staff findings. The application was routed to affected
agencies. A legal notice was published in the local newspaper and adjacent property
owners were notified by mail. There was no public comment received. Staff recommends
approval of this variance.
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RECORD OF PROCEEDINGS
Estes Valley Board of Adjustment 3
April 3, 2018
The height of the complete project was discussed. It was clarified by the applicant, Jeff
Cheley, that there are two decks with dimensions of 10’x10’ at 23 feet and 33 feet high,
and the poles between the decks going as high as 43’.
It was moved and seconded (Newsom/Lynch) to approve the variance to 43 feet.
The motion passed unanimously.
7. REPORTS-Director Hunt
A) Verbal acceptance of Planning II candidate Brittney Hathaway, set to start May 1,
2018.
B) Two consulting firms (on call planning services) contracted to help with workload: RG
& Associates in Golden and Ayres & Associates in Ft. Collins.
C) Landscaping in Right of W ay is a work in progress, and meetings are being held with
public works as a possible way to avoid certain variance requests in the future.
D) Public Notice Requirements will be changing in the way of development signage,
neighbor notification letters and the perimeter of neighbor notice area.
E) Review of current development projects.
F) Three board members are unavailable in early May causing the possibility of changing
next meeting to the 3rd Tuesday in May or canceling May and meeting next on June 5.
G) Discussion on Town Board’s decision to approve the Grand Estates project.
There being no other business before the Board, the meeting adjourned at 10:06 a.m.
___________________________________
Jeff Moreau, Vice Chair
__________________________________
Karin Swanlund, Recording Secretary
17
18
COMMUNITY SERVICES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Brian Wells, Transit Program Manager
Date: June 12, 2018
RE: Contract for shuttle services with McDonald Transit Associates, Inc.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
McDonald Transit Associates, Inc. (MTA) operating as Rocky Mountain Transit
Management (RMTM) has made a contract offer to continue operating the buses for the
2018 Estes Park FREE Shuttle Service. The service contract with MTA is a
continuation/piggyback of the five-year contract and five option years (2018 = 6th year)
between Rocky Mountain National Park with McDonald Transit Associates, Inc.
Present Situation:
The 2018 summer shuttle season begins Saturday, June 23, 2018. Acceptance of this
contract continues service for this year.
Proposal:
McDonald Transit Associates, Inc. will lease three vehicles from Davey Coach not to
exceed the prices listed in Exhibit A of the Town of Estes Park 2018 Proposal, for each
vehicle per month and the Town of Estes Park will reimburse vehicle lease costs.
The Town will lease one vehicle from MTA not to exceed the prices listed in Exhibit A of
the Town of Estes Park 2018 Proposal, for one vehicle per month.
MTA will maintain and insure the Town’s trolley under the same terms and conditions
outlined in the service contract.
The hourly service rate for 2018 will be $63.92 which includes routine maintenance,
shuttle drivers, insurance, and fuel costs up to $2.75 a gallon for the five full-service
routes scheduled and additional services provided as listed in the service contract.
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Advantages:
Offering continued shuttle service (thirteenth season) for guests and residents of
Estes Park and the surrounding community.
Reduction in the number of private vehicles on local roads and emissions.
Disadvantages:
No shuttle service reduces access to local business and services for guests,
residents, and summer workers.
No shuttle services results in a greater number of private vehicles utilizing area
roads: increased traffic congestion and emissions.
Action Recommended:
Acceptance of the agreement with McDonald Transit Associates, Inc. to provide shuttle
services for the Town of Estes Park, as specified in the agreement.
Finance/Resource Impact:
The 2018 Estes Park FREE Shuttles budget is attached, showing the McDonald Transit
Associates, Inc contract as a part of the whole budget.
Transportation Fees #101-5600-456-22-60
Level of Public Interest
The Estes Park Free Shuttles served 84,566 riders in 2017 with approximately thirty
percent being local residents and summer workers.
Through the 2017 shuttle season, we have served 712,326 riders.
The Shuttle Committee accepts regular requests for additional shuttle stops and
service days throughout the year from area businesses along with existing and
potential riders.
Sample Motion:
I move for approval/denial of the agreement with McDonald Transit Associates,
Inc., to provide shuttle services for the Town of Estes Park, as specified in the
agreement.
Attachments:
2018 Agreement with McDonald Transit Associates, Inc.
2018 Town of Estes Park Transportation Budget
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AGREEMENT
THIS AGREEMENT is made and entered into this ___ day of ______, 2018 by and between
the Town of Estes Park (hereinafter referred to as the “TOWN”), and McDonald Transit Associates, Inc.,
located at 3800 Sandshell Drive, Suite 180, Fort Worth, Texas 76137 (hereinafter referred to as the
“CONTRACTOR”).
WITNESSETH
WHEREAS, the TOWN desires the services of the CONTRACTOR to manage and operate a
fixed route transportation service; and
WHEREAS, the CONTRACTOR has the requisite personnel and experience, and is capable of
managing and operating said service.
NOW, THEREFORE, it is mutually understood and agreed by the TOWN and the
CONTRACTOR as follows:
ARTICLE 1. Complete Agreement
A. This Agreement, including all exhibits and documents incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s)
of the agreement between the TOWN and the CONTRACTOR and it supersedes all prior representations,
understandings and communications. The invalidity in whole or in part of any term or condition of this
Agreement shall not affect the validity of other term(s) or condition(s).
B. The TOWN’S failure to insist in any one or more instances upon the CONTRACTOR’S
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of the TOWN’S right to such performance or to future performance of such term(s) or
conditions(s) and the CONTRACTOR’S obligation in respect thereto shall continue in full force and
effect.
21
ARTICLE 2. TOWN DESIGNEE
The Town Administrator or his/her designee shall have the authority to act for and exercise any of
the rights of the TOWN as set forth in this Agreement.
ARTICLE 3. STATEMENT OF WORK
A. The CONTRACTOR shall perform the work necessary to complete in a manner
satisfactory to the TOWN the services set forth in Exhibit A attached to and by this reference
incorporated in and made a part of this Agreement. All services shall be provided at the times and places
designated by the TOWN.
B. The CONTRACTOR shall provide all operators, mechanics, and supervisors to perform
the above-specified services. All key personnel under this agreement will be subject to the advice and
consent process currently in place with the Town of Estes Park.
ARTICLE 4. TERM OF AGREEMENT
A. This Agreement shall commence upon execution by both parties, and shall continue in
full force and effect until December 31, 2018 (“Initial Term”), unless earlier terminated or extended as
provided in this Agreement.
B. This Agreement will continue annually through December 31, 2019 unless the Town, in
its sole discretion, terminates this Agreement by written notice to the Contractor on or before December
31 of any calendar year. Prior to March 31 of each calendar year, the Parties agree to negotiate to the
routes, dates, costs, number of vehicles, fuel costs, and other items as more fully set forth on Exhibit A.
which will be effective for that year’s services.
C. The TOWN’s election to extend the Agreement beyond the Initial Term shall not
diminish its right to terminate the Agreement for the TOWN’s convenience or CONTRACTOR’s default
as provided elsewhere in this Agreement.
D. If the service is to be provided for less than an entire month, the CONTRACTOR will
invoice the TOWN for revenue hours for the month(s).
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E. The Town’s obligation to pay the Contractor for the services in any fiscal year shall be
subject to and contingent on the appropriation by the Town, in its annual budget process, of sufficient
funds to meet its obligations pursuant to this Agreement. No provision of this Agreement shall be
construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial
obligation of the Town within the meaning of any Constitutional or Statutory debt limitation. This
Agreement shall not directly or indirectly obligate the Town to appropriate funds beyond the Town’s then
current fiscal year.
ARTICLE 5. PAYMENT
A. For the CONTRACTOR’s full and complete performance during the billing period of the
Services under this Agreement, the TOWN agrees to pay CONTRACTOR as set forth in Exhibit A.
ARTICLE 6. NOTICES
All notices hereunder and communication regarding the interpretations of the terms of this Agreement, or
changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the
United States mail, registered or certified mail, return requested, postage prepaid and addressed as
follows:
TO THE CONTRACTOR: TO THE TOWN:
RATP Dev dba McDonald Transit Associates, Inc. Town of Estes Park
3800 Sandshell Drive, Suite 180 P O Box 1200
Fort Worth, Texas 76137 Estes Park, CO 80517
Attn: Robert Smith, Attn: Town Administrator
Senior Vice President Phone: (970) 577-3707
Phone: (817) 232-9551 Fax: (817) 232-9560
Fax: (970) 586-2816
ARTICLE 7. INDEPENDENT CONTRACTOR
The CONTRACTOR’s relationship to the TOWN in the performance of this Agreement is that of an
independent contractor. The CONTRACTOR’s personnel performing services under this Agreement shall
23
at all times be under the CONTRACTOR’s exclusive direction and control and shall be employees of the
CONTRACTOR and not employees of the TOWN. The CONTRACTOR shall pay all wages, salaries, and
other amounts due its employees in connection with this Agreement and shall be responsible for all reports
and obligations respecting them, such as social security, income tax withholding, unemployment
compensation, workers’ compensation and similar matters.
ARTICLE 8. INSURANCE
A. The CONTRACTOR shall procure and maintain insurance coverage during the entire
term of the Agreement. Coverage shall be full coverage and not subject to self –insurance provisions.
The CONTRACTOR shall provide the following insurance coverage:
1. Commercial General Liability, to include Premises/Operations, Contractual
Operations, independent Contractors, and Personal Injury Liability with at least
$5,000,000 of coverage;
2. Automobile Liability Insurance with the following limits:
A. Combined Single Limit of $5,000,000
B. Uninsured/Underinsured Bodily Injury with limits of $25,000 per person;
and
C. Uninsured/Underinsured Bodily Injury with limits of $50,000 per accident;
3. Workers’ Compensation with limits as required by the State of Colorado
4. Employer’s Liability with limits of $1,000,000
B. Proof of such coverage, in the form of an insurance company issued policy endorsement
and a broker-issued insurance certificate, must be received by the TOWN within ten (10) calendar days
from the date of execution of the Agreement with THE TOWN, its officers, directors, employees, agents,
and self-insurance pool (CIRSA) designated as additional insureds. Furthermore, the TOWN reserves the
right to request certified copies of all related insurance policies.
C. The CONTRACTOR shall furnish to the TOWN a broker-issued certificate of insurance
showing the required coverage for the CONTRACTOR and further providing that:
1. The coverage shall be primary and noncontributory as to any other insurance
with respect to performance hereunder; and
2. Thirty (30) days prior written notice of cancellation or material change in
insurance coverage to be given to the TOWN.
24
D. Governmental Immunity Act. The parties agree and understand that the TOWN is
relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms
(presently Three Hundred Fifty Thousand and 00/100 Dollars ($350,000)per person and Nine Hundred
Ninety Thousand and 00/100 ($990,000) per occurrence) or any other rights, immunities, and protection
provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time
amended, or otherwise available to the TOWN or any of its officers, agents, volunteers or employees.
ARTICLE 9. CHANGES
By written notice or order, the TOWN may, from time to time, order work suspension or make changes in
the general scope of this Agreement, including, not limited to, the services furnished to the TOWN by the
CONTRACTOR as described in Exhibit A. If any such work suspension or change causes an increase or
decrease in the price of the Agreement or in the time required for its performance, the CONTRACTOR
shall promptly notify the TOWN thereof and assert its claim for adjustment within ten (10) days after the
change or work suspension is ordered, and an equitable adjustment shall be negotiated. However, nothing
in this clause shall excuse the CONTRACTOR from proceeding immediately with the agreement as
changed.
ARTICLE 10. NOTICE OF LABOR DISPUTE
Whenever the CONTRACTOR has knowledge that any actual or potential dispute may delay
performance of the Agreement, the CONTRACTOR shall immediately notify and submit all relevant
information to the TOWN and assist the TOWN in developing a plan to continue service.
ARTICLE 11. TERMINATION
A. The TOWN may terminate this Agreement for its convenience any time, in whole or part,
by giving the CONTRACTOR written notice thereof. Upon termination, the TOWN shall pay the
CONTRACTOR its pro rata portion of its fee for services incurred to the date of termination.
B. The TOWN may terminate Agreement for the CONTRACTOR’s default if a federal or
state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR, or if the
CONTRACTOR makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any
25
term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within
ten (10) calendar days after written notice thereof by the TOWN. The CONTRACTOR shall be liable for
any and all reasonable costs incurred by the TOWN as a result of such default including, but not limited
to, reprocurement costs of the same or similar services defaulted by CONTRACTOR under this
Agreement.
ARTICLE 12. INDEMNIFICATION
The CONTRACTOR shall indemnify, defend and hold harmless the TOWN, its officers, directors,
employees, agents and self-insurance pool (CIRSA) from all losses, damages, claims for personal injury
or damages to real or personal property to the extent caused by the CONTRACTOR’s negligence. The
CONTRACTOR agrees to indemnify the TOWN against expenses, including reasonable attorney’s fees,
and liability arising from any such claim or infringement provided the CONTRACTOR has the right to
control the defense or settlement of any such claim in accordance with the following:
(i) The CONTRACTOR, at its own cost and expense, shall indemnify, defend and hold harmless
the TOWN from and against any and all claims, demands, actions, suits, damages, liabilities,
losses and expenses (including reasonable attorney’s fees and disbursements) for personal injury
or property damage asserted by third parties to the extent caused by the negligence or willful
misconduct of the CONTRACTOR in connection with the CONTRACTOR’s performance, or
failure to perform this Agreement hereunder (“Third Party Claims”).
(ii) The TOWN shall promptly give written notice to the CONTRACTOR after obtaining
knowledge of any potential or actual Third Party Claim against the TOWN as to which recovery
may be sought against the CONTRACTOR because of the indemnity set forth in clause (i) above.
(iii) The CONTRACTOR will have the right to defend the TOWN against any Third Party Claim
with counsel mutually agreed upon by the CONTRACTOR and the TOWN. In addition:
a) The TOWN may retain separate co-counsel at its sole cost and expense to monitor the
defense of the Third Party Claim provided however, that the CONTRACTOR shall have
the right to control the defense of such Third Party Claim in the CONTRACTOR’s sole
discretion.
26
b)The TOWN will not consent to the entry of any judgment or enter into any settlement
with respect to such Third Party Claim without the prior written consent of
CONTRACTOR;
c)The TOWN shall cooperate with all reasonable requests of CONTRACTOR in
connection with the defense of such Third Party Claim.
(iv) To the extent reasonably possible, the TOWN shall use its good faith efforts to mitigate any
losses which the CONTRACTOR is obligated to indemnify against pursuant to this indemnification
paragraph.
ARTICLE 13. WARRANTY
The CONTRACTOR represents that it is fully experienced and properly qualified to perform the services
required for this Agreement and that it is properly licensed, equipped, organized, and financed to perform
the Services.
The CONTRACTOR warrants that all Services shall be in accordance with this Agreement and shall
comply with the performance standards of Exhibit A. In the event of a breach of this warranty, the
CONTRACTOR shall take the necessary actions to correct the breach and the consequences thereof, at
the CONTRACTOR’s sole expense, in the most expeditious manner as permitted by existing
circumstances. If the CONTRACTOR does not promptly take steps to correct the breach upon
notification by the TOWN, the TOWN, without waiving any other rights or remedies it may have at law
or otherwise, may do so or cause others to do so and the CONTRACTOR shall promptly reimburse the
TOWN for all expenses and cost incurred in connection therewith.
ARTICLE 14. ASSIGNMENTS AND SUBCONTRACTING
Neither this Agreement nor any interest herein nor claim hereunder may be assigned by the
CONTRACTOR either voluntarily or by operation of law, nor may any part of this Agreement be
subcontracted by the CONTRACTOR, without the prior written consent of THE TOWN. Consent by
THE TOWN shall not be deemed to relieve the CONTRACTOR of its obligations to comply fully with
all terms and conditions of this Agreement.
27
ARTICLE 15. FEDERAL, STATE AND LOCAL LAWS
The CONTRACTOR warrants that in the performance of this Agreement, it shall comply with all
applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations
promulgated thereunder.
ARTICLE 16. OWNERSHIP OF REPORTS AND DOCUMENTS
The originals of all letters, documents, reports and other products and data produced under this
Agreement shall be delivered to, and become the property of the TOWN. Copies may be made for the
CONTRACTOR’s records but shall not be furnished to others without written authorization from THE
TOWN.
Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained
by the TOWN.
ARTICLE 17. PATENT AND COPYRIGHT INFRINGEMENT
A.In lieu of any other warranty by the TOWN or the CONTRACTOR against patent or
copyright infringement, statutory or otherwise, it is agreed that the CONTRACTOR shall defend at its
expense any claim or suit against the TOWN on account of any allegation that any item furnished under
this Agreement or the normal use or sale thereof arising out of the performance of this Agreement,
infringes upon any presently existing U.S. letters patent or copyright and the CONTRACTOR shall pay
all costs and damages finally awarded in any such suit or claim, provided that the CONTRACTOR is
promptly notified in writing of the suit or claim and given the TOWN, information and assistance at the
CONTRACTOR’s expense for the defense of same. However, the CONTRACTOR will indemnify the
TOWN if the suit or claim results from: (1) the TOWN’s alteration of a deliverable, such that said
deliverable in its altered form infringes upon any presently existing U.S. letters patent or copyright; or (2)
the use of a deliverable in combination with other material not provided by the CONTRACTOR when
such use in combination infringes upon an existing U.S. letters patent or copyright.
B.The CONTRACTOR shall have sole control of the defense of any such claim or suit and
all negotiations for settlement thereof. The CONTRACTOR shall not be obligated to indemnify the
TOWN under any settlement made without the CONTRACTOR’s consent or in the event the TOWN fails
28
to cooperate fully in the defense of any suit or claim, provided, however, that said defense shall be at the
CONTRACTOR’s expense. If the use or sale of said item is enjoined as a result of such suit or claim,
CONTRACTOR, at no expense to THE TOWN, shall obtain for the TOWN the right to use and sell said
item, or shall substitute an equivalent item acceptable to the TOWN and extend this patent and copyright
indemnity thereto.
ARTICLE 18. FORCE MAJEURE
Either party shall be excused from performing its obligations under this Agreement during the time and to
the extent that it is prevented from performing by an unforeseeable cause beyond its control including, but
not limited to: any incidence of fire, flood, strike; acts of God; commandeering of material, products,
plants or facilities by the federal, state or local government; national fuel shortage; or a material act of
omission by the other party; when satisfactory evidence of such cause is presented to the other party, and
provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault
or negligence of the party not performing.
ARTICLE 19. DEFAULT
In the event either Party shall fail to observe or perform any of the terms and provisions of this
Agreement and such failure shall continue for a period of ten (10) days after receipt of written notice from
the non-defaulting party ("Default"), then the non-defaulting party may terminate this Agreement,
provided however, that where such Default cannot reasonably be cured within such period, and the
defaulting party has proceeded promptly to cure the same and is prosecuting such cure with diligence, the
time for curing such Default shall be extended for an amount of time, not to exceed ten (10) days, as may
be necessary under the circumstances to complete such cure.
ARTICLE 20. COSTS
Except as otherwise expressly provided above, each Party shall bear all of its own attorney's fees and
other expenses related to this Agreement.
29
ARTICLE 21. BINDING EFFECT
This Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their
respective successors and assigns.
ARTICLE 22. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado
with venue in the District Court, Larimer County, Colorado.
ARTICLE 23. SEVERABILITY
In the event any term, covenant or condition of this Agreement, or the application of such term covenant
or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all
other terms, covenants and conditions of this Agreement shall not be affected thereby, but shall remain in
force and effect unless a court holds that the invalid term, covenant or condition is not separable from all
other terms, covenants and conditions of this Agreement.
ARTICLE 24. WAIVER
No delay or omission by either Party to exercise any right or power occurring upon non-compliance or
failure of performance by the other Party shall impair that right or power or be construed to be a waiver.
A waiver by either Party of any of the covenants, conditions or Agreements to be performed by the other
Party shall not be construed to be a general waiver.
ARTICLE 25. INTEGRATED AGREEMENT AND AMENDMENTS
This Agreement is an integration of the entire understanding of the parties with respect to the matters set
forth herein. The parties shall only amend this Agreement in writing with the proper official signatures
attached thereto.
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Article 26. WORK BY ILLEGAL ALIENS PROHIBITED
A. CONTRACTOR hereby certifies that, as of the date of this Agreement, it does not
knowingly employ or contract with an illegal alien and that CONTRACTOR has participated or attempted
to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-101(1)
(“Program”) in order to verify that it does not employ illegal aliens.
B. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform
works under this Agreement or enter into a contract with a subcontractor that fails to certify to
CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement.
C. CONTRACTOR hereby certifies that it has verified or attempted to verify through
participation in the Program that CONTRACTOR does not employ any illegal aliens and, if
CONTRACTOR is not accepted into the Program prior to entering into this Agreement, that
CONTRACTOR shall apply to participate in the Program every three (3) months until CONTRACTOR is
accepted or this Agreement has been completed, whichever is earlier.
D. CONTRACTOR is prohibited from using Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
E. If CONTRACTOR obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required
to:
i. notify the subcontractor and the TOWN within three (3) days that
CONTRACTOR has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
ii. terminate the subcontract with the subcontractor if within three (3) days of
receiving the notice required pursuant to this subparagraph the subcontractor
does not stop employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during such
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32
Exhibit A
Town of Estes Park
2018 Proposal
33
5/9/2018
2018 PROPOSAL - TOWN OF ESTES PARK
June 23 thru September 9, 2018 79 Days
Hours per
day # Days Total Hours
GOLD TROLLY 9:00 am -9:00 pm 12 79 948 $63.92 $60,596.16
RED 9:00 am -9:00 pm 12 79 948 $63.92 $60,596.16
BROWN:8:00 am -9:00 pm 12 79 948 $63.92 $60,596.16
SILVER 9:00 am -9:00 pm 12 79 948 $63.92 $60,596.16
BLUE 9:00 am -9:00 pm 12 79 948 $63.92 $60,596.16
Season daily totals 60 79 4740 $302,980.80 Total daily service
Additional summer service hours- July 4th and Scotfest $3,515.60 tentative 55 hours
Town Festival Charters (Fine arts, Autumn Gold, Elk Fest, Whiskey Summit, Parade)$3,515.60 tentative 55 hours
2018 Planned service total $310,012.00
Lease Proposal for 2018
Per Month
Number
of
months Totals
Owner/ unit
number
GOLD TROLLY Unit 25 Town's Trolley $0.00 Town EP/ 25
BROWN:Bus 8 or New 35' Eldorado 3,200.00$ 3 9,600.00$ McDT/ TBD
BLUE 2,500.00$ 3 7,500.00$ Davey Coach
RED 2,200.00$ 3 6,600.00$ Davey Coach
SILVER 4,643.53$ 3 13,930.59$ Davey Coach
12,543.53$ 3 $37,630.59
Town of Estes Park is responsible for any fuel costs over $2.75 per gallon $8,000.00
estimate for fuel
over 2.75
Town of Estes Park is responsible for charges if needed
Davey Coach lease 10 days additional cost pickup and return vehicles: $100 per day per vehicle (IF NEEDED)
Davey Coach lease Additional mileage over 7,500 per vehicle per month is .55 cents per mile.(IF NEEDED)
DC cutaway @ $5,572 plus $610
registration fee ( 24 Pass. ADA Compliant)
DC cutaway @ $4223.53 plus $420.
registration fee (15 Pass. ADA Compliant)
DC cutaway @ $4223.53 plus $420.
registration fee (15 Pass. ADA Compliant)
34
General Fund
Transportation, 101-5600
Town of Estes Park-2018 Budget.xlsx
SCOPE OF SERVICES *Seasonal shuttle service for 4 routes. Special charters as needed.
Actuals Budget
2016 2017
Personnel Services
Salaries 48,506 48,396
Benefits 20,440 21,447
$68,946 $69,843
Operations & Maintenance 368,418 372,633
Total Current Expenses 437,364 442,476
Capital 0 0
Total Expenses $437,364 $442,476
Revenues
OTHER 988 0
SPONSORSHIP 6,915 7,500
7,903 7,500
Personnel Levels
Transportation Manager 1.00 1.00
Operations & Maintenance Details
Insurance premiums 418 1,602
Prof. services/fees 355,172 360,236
Repair and maintenance 5,243 3,695
Materials and supplies 5,752 5,850
Job performance expenses 1,833 1,250
Utility expenditures 0 0
Other current expenses 0 0
368,418 372,633
Est Actuals Final Budget
2017 2018
45,318 51,462
19,194 22,739
$64,512 $74,201
372,098 384,177
436,610 458,378
0 8,300
$436,610 $466,678
0 0
7,500 13,500
7,500 13,500
1.00 1.00
1,638 1,920
358,275 370,183
3,695 3,674
7,012 7,150
1,168 1,250
0 0
310 0
372,098 384,177
35
'-.
Actuals
Account Name 2016
0
418
0
Insurance Premiums 41B
4,785
18
0
340,474
9,895
Professional Fees/Services 355,172
195
S,048
Repair and Maintenance 5,243
0
2,799
41
392
2,520
Materials and supplies 5,752
1,094
613
126
Job performance eKpenses 1,833
Utility EKpenditures 0
Other Current EKpenses 0
Total Operations & Maintenance costs 368,418
Capital 0
General Fund
Transportation, 101-5600-456
Town of Estes Park-2018 Budget.xlsx
Budget Est Actuals Final Budget
2017 2017 2018
122 122 96
1,480 1,516 1,824
0 0 0
1,602 1,638 1,920
3,013 3,013 3,920
0 0 0
0 0 0
357,223 355,223 365,843
0 39 420
360,236 358,275 370,183
195 195 174
3,500 3,500 3,500
3,69S 3,695 3,674
100 197 100
3,500 3,340 3,500
50 50 50
400 375 400
1,800 3,0SO 3,100
5,850 7,012 7,150
0 300 0
1,000 618 1,000
2SO 2SO 250
1,250 1,168 1,250
0 0 0
0 310 0
372,633 372,098 384,177
0 0 8,300
Account
Number
Detail
21·01 PROPERTY
21-02 LIABILITY
21-50 UNEMPLOYMENT
22-09 INFO TECHNOLOGY SERVICES
22-10 BANK SERVICES
22-13 CONTRACT/SKILLED SERVICES
22-60 TRANSPORTATION FEES
22·98 OTHER
25-01 MAINTENANCE CONTRACTS
25-04 VEHICLE EQUIPMENT
26-01 OFFICE SUPPLIES
26-03 PRINTING/FORMS
26-17 CATERING/SPEC CIRCUMSTANC
26-32 DATA PROCESSING SOFTWARE
26-S2 TRAFFIC SIGNS
27-04 EDUCATION/TRAINING
27-05 MEMBER DUES/SUBSCRIPTIONS
27-07 MILEAGE REIMBURSEMENT
28-01 TELEPHONE
29-20 RESALE PURCHASES
33-33 DATA PROCESSING EQUIPMENT
36
COMMUNITY DEVELOPMENT Report
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Lancaster
From: Brandon Howes and Ross Culbertson, Planning Consultants;
Randy Hunt, Community Development Director
Date: June 12th, 2018
RE: FINAL TOWNHOME SUBDIVISION PLAT, RAVEN ROCK TOWNHOMES,
METES & BOUNDS PARCEL, TBD PROMONTORY DRIVE, APPLICANT/
JAMES MACKEY
Objective:
Conduct a public hearing and render a decision whether the Raven Rock Final Townhome
Subdivision Plat is compliant with the Estes Valley Development Code (EVDC).
Present Situation:
The subject property is located northeast of Mary’s Lake Road at Promontory Drive and
contains 10.13 acres. The property was annexed into the Town of Estes Park in 2017
and is zoned A-Accommodations. The Estes Park Town Board of Trustees approved the
Raven Rock Townhomes Preliminary Plat on December 12, 2017.
Proposal:
The Final Plat subdivides the land into 38 townhome lots and three outlots in addition to
dedicating the necessary easements for the development of 19 duplex buildings. The
duplexes will be divided by a common party wall and located on the common property
line between the individual lots for sale. The plat dedicates Promontory Drive (a 45-ft.
public right-of-way) as the interior local street providing access and addressing to Lots
23-30. Although, Promontory Drive’s right-of-way extends to the development’s north and
south property edges, the pavement section of the street will stop short of the property
boundaries until there is a need to connect street patterns to adjacent development. The
remaining lots are accessed and addressed from a series of dedicated private access
easements (Rock Wren Circle and Gray Jay Way) which are to be maintained by the
development’s Homeowners Association (HOA).
There is a separate “Emergency Access Easement” indicated on the Final Plat that
connects Mary’s Lake Road to Gray Jay Way. This emergency access pavement will
have control gates and a Fire Department approved Knox-Box lock to provide a second
point of emergency access to the development. Other easements included are for the
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location of public sanitary sewer, water, drainage, and electric services for the
development.
The Final Plat also dedicates half of the required right-of-way for County Road 67 (Mary’s
Lake Road) and an extra 10 feet off the northeast side to accommodate the full cross-
sectional width of the County’s access road.
The Final Plat has been reviewed in conjunction with the project’s Construction Plan.
Staff is working with the applicant on completing the Construction Plan review as there
are minor revisions still pending. The Construction Plan will be approved administratively
by the Community Development Director.
Compliance to Subdivision Standards:
Pursuant to § 3.9(E): All subdivision applications shall demonstrate compliance with the
standards and criteria set forth in Chapter 10 “Subdivision Standards”, and all other
applicable provisions of this Code.
Through the project’s development review process, staff finds in general the technical
requirements of the Final Plat have been met per the standards and criteria set forth in
Chapter 10 and with the Code’s Appendix B “Submittal Requirements” for Final
Subdivision Plats. However, there are two issues pending that affect both the
Construction Plans and the Final Plat which are described below and will be included as
“Conditional Items” in the project’s recommended motion:
1. The Town’s Public Works Development Review Engineer has reviewed the
Construction Plans and Final Plat and requests coordination of a Public Works right-
of-way permit for driveway connections of the Emergency Access Easement to
Mary’s Lake Road.
2. The applicant is continuing to work with Planning staff, the Fire Marshal and the
Building Official to replace/rename multiple sections of Gray Jay Way (private
access easement) with two or more vetted street names. New names are
requested by the Fire Department to limit potential conflicts with emergency
responsiveness to the development.
Staff wishes to note that conditions or approval ought to be unusual at the Final Plat stage.
In good planning practice, a Final Plat should be basically just the technical fulfillment of
the broader land-development matters that should be addressed at the Preliminary Play
stage.
Planning practice in Estes Valley was a bit different until recently, and Final Plats as
recently as 2015 contained a lot of conditional approvals, including many matters of
substance that frankly should have been resolved earlier than Final Plat stage. This is a
culture shift and a work in progress with our development community, local design
professionals, appointed and elected officials, and citizens. We will continue this work.
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Project Advantages:
Fulfills the terms and conditions of EVDC and the approved Preliminary Plat for
this project.
Develops an underutilized property along the Mary’s Lake Road corridor.
Provides additional townhome units to the Estes Valley.
Does not maximize the allowed density for this property.
Project Disadvantages:
None identified.
Action Recommended:
Based on the above observations and findings; it is recommended the Board of Trustees:
Make a Motion to approve the Raven Rock Townhomes Final Subdivision Plat subject to
the following staff conditions:
1. That a final letter of credit for infrastructure improvements is submitted prior to the
plat being signed for recordation, within 60 days of approval.
2. That a Right-of-Way permit shall be obtained from Public Works prior to any future
construction of the connection with the Mary's Lake Road right-of-way, and that
application submittal shall include additional detailed grading/drainage information
sufficient to confirm the proposed improvements (e.g. slopes, flow arrows,
elevations, culverts) conform to applicable codes.
3. That portions of Gray Jay Way are renamed for emergency response purposes in
response to concerns from the Estes Valley Fire Protection District. The renaming
of portions of Gray Jay Way must be completed prior to the plat being signed for
recordation, within 60 days of approval.
Budget:
None.
Level of Public Interest
High: For the Raven Rock project in general
Low: This specific Final Plat
Sample Motions:
Below are the Town Boards options related to the Final Subdivision Plat approval request:
1. I move to APPROVE the Raven Rock Townhome Final Subdivision Plat as submitted,
with findings as identified in the staff report, and including conditions as stated in the
staff report.
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2. I move to APPROVE the Raven Rock Townhome Final Subdivision Plat, with findings
as identified in the staff report, and with additional conditions as follows (state all
conditions of approval).
3. I move to DENY the Raven Rock Townhome Final Subdivision Plat, finding that...
(state findings for denial)
4. I move to CONTINUE THE HEARING TO ________ [date certain], on the basis that…
(state reason(s) for continuance, such as additional information needed)
Attachments:
Raven Rock Final Subdivision Plat dated 06/08/2018
Vicinity Map [from Preliminary Plat, dated 12/07/2017; unchanged]
Full Application: www.estes.org/currentapplications
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KIOWA TRLSSAINTVRAINAVE
KIOWA DRLAKEWOODCTPROMONTORY DRARAPAHORDARAPAHORDMA R Y S LA K E R D
MARYSLAKERDThis draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon.Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.060120Feet1 in = 125 ft±Town of Estes ParkCommunity DevelopmentVicinity MapRaven Rock(Preliminary Townhome Subdivision)Printed: 12/7/2017Created By: Audem GonzalesMary's Lake
Road S SAINT VRAIN AVEMARYS LAKE RDPEAK VIEW DRMARYS LAKESitePromontory Drive41
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