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HomeMy WebLinkAboutPACKET Town Board 2014-02-11 The 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. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 11, 2014 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PRESENTATION OF FINANCIAL REPORTING AWARD: Finance Officer McFarland. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT.  Standing Together for a Stronger Tomorrow  Events Ad-Hoc Committee 1. CONSENT AGENDA: 1. Town Board Minutes dated January 28, 2014, and Town Board Study Session Minutes dated January 28, 2014. 2. Bills. 3. Committee Minutes: A. Community Development/Community Services Committee. January 23, 2014: 1. 2014/2015 Road Closures outlined in minutes. 2. Revise Senior Services Fit-Plus Pass Fee. 3. Museum Program Fee Structure 4. Intergovernmental Agreement between the Town and Larimer County Elections Office for Assistance during the 2014 Election. 5. Revised Intergovernmental Agreement for Permanent Repairs to Fish Creek Corridor. 2. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. PRELIMINARY SUBDIVISION PLAT, The Sanctuary on Fall River Townhomes, Tract 59A, Amended Plat of Tracts 59, 761, 62, & 63, Fall River Addition; TBD Fall River Road (behind 1260 Fall River Road); The Sanctuary, LLC/Applicant. Item continued by staff to the February 25, 2014 Town Board meeting. Prepared 1/31/14 *Revised 2/6/14 * * NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. ACTION ITEMS: 1. APPEAL THE APPROVAL OF THE STANLEY PAVILION BY THE TECHNICAL REVIEW COMMITTEE. Senior Planner Shirk. Appeal of the Technical Review Committee’s determination that the proposed use complies with the Master Plan for the Stanley Historic District as an ancillary use to the Stanley Historic District, Mountain Townhome Homeowner Association/Applicant. Item continued from the January 11, 2014 meeting. 2. RESOLUTION #04 -14 – SUPPORTING THE FORMATION OF A CREATIVE ARTS DISTRICT. Town Administrator Lancaster. 3. ORDINANCE #03-14 SUBMITTING BALLOT ISSUE 1A TO THE REGISTERED VOTERS OF THE TOWN OF ESTES PARK ON THE APRIL 1, 2014 BALLOT TO INCREASE THE TOWN OF ESTES PARK SALES TAX BY 1% FOR TEN YEARS FOR ROADWAY IMPROVEMENTS, PUBLIC TRAILS, SENIOR CENTER/COMMUNITY RECREATION CENTER, AND EMERGENCY RESPONSE PROJECTS. Administrator Lancaster. 4. RESOLUTION #05-14 SUBMITTING QUESTION 1B TO THE REGISTERED VOTERS OF THE TOWN OF ESTES PARK ON THE APRIL 1, 2014 BALLOT THE SALE LOT 4 STANLEY HISTORIC DISTRICT TO GRAND HERITAGE PER THE REAL ESTATE CONTRACT DATED JANUARY 10, 2014.. Attorney White. 5. ORDINANCE #04-14 - INITIATED ORDINANCE PETITION REQUIRING A CONSERVATION EASEMENT ON LOT 4, STANLEY HISTORIC DISTRICT. Town Clerk Williamson. Board to consider adoption of Initiated Ordinance #04-14 or set question through the adoption of Resolution #06-14 for consideration at the April 1, 2014 regular Municipal Election. 6. RESOLUTION #07-14 RE-APPROPRIATION OF 2013 ENCUMBERED FUNDS “ROLLOVERS” TO 2014 BUDGET. Finance Officer McFarland. 7. MEMORANDUM OF AGREEMENT BETWEEN CENTRAL FEDERAL LANDS, ROCKY MOUNTAIN NATIONAL PARK, COLORADO DEPARTMENT OF TRANSPORTATION AND TOWN OF ESTES PARK FOR ADMINISTRATION OF THE FLAP GRANT. Director Zurn. Item to be considered at the February 25, 2014 Town Board meeting. 4. REPORTS AND DISCUSSION ITEMS: 1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zurn. 5. ADJOURN. * Town of Estes Park, Larimer County, Colorado, January 28, 2014 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 28th day of January, 2014. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Steve McFarland, Finance Officer Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: Frank Lancaster, Town Administrator Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. Johanna Darden/Town citizen stated that tourist would not come during the off season, winter, to the Anschutz Wellness center at the Stanley Hotel due to winter weather conditions, lack of activities and the lack of businesses that are open. She commented the Town citizens would have two options on the April 1, 2014 ballot: 1) Contract to sale Lot 4, Stanley Historic District to Grand Heritage, i.e. Stanley Hotel or 2) An Initiated Ordinance to place a conservation easement on the lot. She advocated for the open space initiative. Gary Coleman/Ride-A-Cart owner informed the Board of a development code regulation that has limited his ability to provide local fill deposited by the recent flood at his business. The development code requires grading plans to be filed with a development plan. This limits his ability to remove and distribute fill to local contractors, ability of Ride-A-Kart to rebuild, fix Olympus Heights roadway, and flatten Lot 37 for future development. The removal of fill would also address spring run-off concerns. The fill provides a local source of rip rap and fill. He requested assistance from the Town on how to move the project forward. Tom Hochstetler/Appenzel Inn owner thanked the Board for approving their recent liquor license. He stated concern with the Community Development Department and the legal counsel for the Town, more specifically the areas of planning and enforcement. Board of Trustees – January 28, 2014 – Page 2 The Town has not appropriately addressed code issues of the neighboring hotels, which have negatively impacted his business and therefore sales tax. TRUSTEE COMMENTS. Trustee Ericson stated the Transportation Advisory Committee met a couple of weeks ago and thanked Kimberly Campbell for her leadership to the committee. He also thanked the snowplow drivers for their efforts this week. Trustee Phipps commented the Open Land Advisory Board was informed the roads in Hermit Park were severely damaged, with an estimate of $400,000 to repair. GOCO has established $5 million for flood repairs and may be the source of funding to repair the roads. The County acquired a number of properties after the 1976 flood and has begun to address repairs from the recent flood. Mayor Pro Tem Blackhurst stated the market study for the Estes Park Housing Authority owned Lot 4 continues. EPHA has made preliminary application for tax credit financing through CHAFA with a formal application submitted in March. The funding would build additional affordable workforce housing. Trustee Norris stated the Local Marketing District would use Mountain States Employers Council to perform the search for the new Executive Director. TOWN ADMINISTRATOR REPORT. None. 1. CONSENT AGENDA: 1. Town Board Minutes dated January 14, 2014, Town Board Study Session Minutes dated January 14, 2014 and Town Board Special Meeting Minutes dated January 6, 2014. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities, Public Works Committee – January 9, 2014. 4. Estes Valley Planning Commission Minutes dated December 17, 2013. (acknowledgement only). 5. Transportation Advisory Committee Minutes dated December 18, 2013 (acknowledgement only). It was moved and seconded (Blackhurst/Phipps) to approve the Consent Agenda, and it passed unanimously. Board of Trustees – January 28, 2014 – Page 3 2. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Baker provided the Board and update on Park activities and review of 2013, including the acknowledgement of the Park’s 99 birthday on January 26th and continued preparations for the Centennial celebration; Fern Lake fire completely contained and regrowth of the area began in the spring and summer of 2013; Big Meadow fire on the west side was caused by lightening and containment efforts were deployed due to proximity to Grand Lake; September flooding damaged the Alluvial Fan area, Cascade Cottages dam, McGraw Road (repaired by Federal Highways), Aspen Glen bridge, Endovalley Road, Twin Sisters Road repaired, Fall River Entrance sustained damage, landslide west side of Twin Sisters, 12 total landslides in the Park, Park crews helped the Town clean up damage, assisted the convoy of the rock crusher from Grand lake, largest impacts to trails and bridges with priority to repair bridges at a cost of $3 million over the next 2 to 3 years, Old Fall River Road damaged, Lily Lake dam repairs held during the flood, and Bear Lake Road relocation away from the creek proved to be beneficial as no damage was sustained; the Park was shut down by the Federal government in October and was reopened with the efforts of Governor Hickenlooper; Park visitation was up approximately 8% prior to the flood and since the flood down 8%; the Park continues to develop the sister park relation with Tatra National Park and currently working on a sister park relationship with Monte Verde, Costa Rica; no culling in the Park has occurred for the past 2 years with the redistribution of the elk herds; hazard tree management continues with pile burning beginning with the new snowfall; bear management continue to implement food storage and waste management efforts within the Park boundaries; Rocky Mountain Transit has signed a new contract to provide shuttle service and are greening the fleet in 2014 with one hybrid bus and retrofitting the rest of the fleet; the East Shore trail environmental assessment has begun to determine if bicycle use on the northern 2 miles would be appropriate; and an environmental assessment continues to be developed for a multiuse trail on the east side of the Park. The Board thanked the Park staff for their support in cleaning up town after the flood. 3. LIQUOR ITEMS: 1. NEW LIQUOR LICENSE - MOUNTAIN STRONG LLC, DBA MOUNTAIN STRONG RESTAURANT, 361 S. ST. VRAIN AVENUE, HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the application to the Board stating the applicant filed with a concurrent review by the State Liquor division, all necessary paperwork and fees filed, T.I.P.S. training completed by the applicant, and no communication was received with regard to the application. It was moved and seconded (Blackhurst/Koenig) to approve a Hotel and Restaurant liquor license for Mountain Strong LLC, Board of Trustees – January 28, 2014 – Page 4 dba Mountain Strong Restaurant, 361 S. St. Vrain Avenue, and it passed unanimously. 4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. DEVELOPMENT APPLICATION PACKAGE - ESTES PARK MEDICAL CENTER (Right-of-Way Agreement, Preliminary Subdivision Plat, Rezoning Request & Special Review 2013-03); All of Hospital Addition, Lot 18 & a Portion of Lot 17, Little Prospect Mountain Addition; 555 Prospect Avenue, 161 1/2, 163, & 165 Stanley Circle Drive; Estes Park Medical Center/Applicant. All items have been tabled at the request of the Applicant until further notice. B. PRELIMINARY SUBDIVISION PLAT, The Sanctuary on Fall River Townhomes, Tract 59A, Amended Plat of Tracts 59, 61, 62, & 63, Fall River Addition; TBD Fall River Road (behind 1260 Fall River Road); The Sanctuary, LLC/Applicant. Item continued by staff to the February 25, 2014 Town Board meeting. C. MINOR SUBDIVISION - Wapiti Minor Subdivision, Lot 22, S. Saint Vrain Addition, 1041 S. St. Vrain Avenue; Lexington Lane, LLC/Applicant. Planner Kleisler. Staff requested Consent Item 1.B be continued to the February 11, 2014 Town Board meeting. The item was removed from the Consent Agenda to be discussed as an Action Item. It was moved and seconded (Blackhurst/Norris) to approve the Planning Commission Consent Agenda Items 1.A. and 1.C. with the recommended conditions of approval by the Planning Commission, and it passed unanimously. ACTION ITEM - PRELIMINARY SUBDIVISION PLAT, The Sanctuary on Fall River Townhomes, Tract 59A, Amended Plat of Tracts 59, 61, 62, & 63, Fall River Addition; TBD Fall River Road (behind 1260 Fall River Road); The Sanctuary, LLC/Applicant. It was moved and seconded (Blackhurst/Norris) to approve the continuation of the Preliminary Plat for the Sanctuary on Fall River Townhomes to the February 11, 2014 Town Board meeting as an action item, and it passed unanimously. 2. ACTION ITEMS: Board of Trustees – January 28, 2014 – Page 5 A. IMPROVEMENT AGREEMENT EXTENSION. Streamside Condominiums on Fall River, 1260 Fall River Road; Diversified Properties, LLC/Applicant. Director Chilcott stated staff supports extension for a year. The Streamside Condominium subdivision was approved by the Town Board in May 2006 with improvements to be completed by mid-2008. In March 2010, the Town Board approved an infrastructure phasing plan with a completion date of December 2013. The improvements have not been completed. The property is currently under contract, as well as the adjacent property undergoing development review. The potential buyer and adjacent property owner desire infrastructure improvements be installed by early summer 2014. Staff supports the extension to allow the property owners to complete the improvements rather than calling the Letter of Credit to complete the project in house by staff. Lonnie Sheldon/Van Horn Engineering requested the extension for the improvements be extended to December 31, 2015 due to flood related hardships and the new development adjacent to the property. Kimberly Campbell/Buyer stated the extension would be vital to the purchase of the property. It was moved and seconded (Koenig/Norris) to approve the improvement agreement extension for Streamside Condominiums on Fall River to complete water, sewer, and electrical infrastructure and to install the bridge and road until December 31, 2015, and it passed unanimously. 5. ACTION ITEMS: 1. RESOLUTION #03-14 – OFFICIALLY SCHEDULING REGULAR MUNICIPAL ELECTION - APRIL 1, 2014. Town Clerk Williamson stated the proposed Resolution #03-14 would establish the administration of the next regular Municipal Election on April 1, 2014 and identify the Town Clerk as the designated election official. The past three elections have been held as mail ballot elections administered by the Larimer County Election office. In 2013, HB 1303 was passed and signed by Governor Hickenlooper. The changes to the election law in Title 1 were significant and affected the mail ballot portion of the Title requiring municipalities to meet new standards, including the establishment of voter services centers and stand-alone drop-off locations when conducting a mail ballot election. These changes did not take into consideration municipal elections and did not clearly outline how the Town would meet the new requirements. Staff stated significant concerns related to the added scrutiny the new requirements would place on a mail ballot election. CML has been actively working on new legislation to address the inconsistencies in Title 1 and to develop mail ballot language for Title 31 for use by municipalities. It is unknown if the legislation would be approved and ready Board of Trustees – January 28, 2014 – Page 6 for use during the April 2014 election, therefore, staff recommends moving forward with a poll election to begin election preparations. If approved by the Board, staff would send a notification postcard to all registered voters, active and inactive, to inform the voters of the poll election and provide them with an absentee ballot application to receive a ballot by mail. Johanna Darden/Town citizen stated concern with the changes to the election law and that full consideration of the changes were not reviewed by the legislature. She recommended clarification be added to the postcard to inform the voters they would not receive a mail ballot because the election would be held as a poll only election. She also questioned if signatures on absentee ballot envelopes would be verified. Staff responded stating Municipal election law does not require verification of signatures. After further discussion, it was moved and seconded (Norris/Phipps) to approve Resolution #03-14 setting the next regular Municipal Election on Tuesday, April 1, 2014 as a poll election and appoint Town Clerk Williamson as the designated election official, and it passed unanimously. 2. INTERGOVERNMENTAL AGREEMENT WITH STATE OF COLORADO & FEDERAL HIGHWAYS FOR EMERGENCY FLOOD REPAIRS. Director Zurn presented an agreement between the State of Colorado and the Town of Estes Park that outlines the terms of reimbursement, 80/20, for federal aid to repair FHWA covered roadways, including Fish Creek, Brodie Avenue, Community Drive, Country Club Road and Scott Avenue. These FHWA roadways are not covered by FEMA. To repair the roadway a rough estimate of $3 million has been developed. The State of Colorado has agreed to cover 12.5% of the matching 20% required by the Town. Staff has estimated a budget of $600,000, approximately 20% of the project, as staff has repeatedly been warned that reimbursements come in below the 80%. The estimate does not include the repairs to Fish Creek Road as an estimate for repairs have not been agreed to. Further refinement of the estimated costs would be realized after the design phase has been completed. The agreement has been reviewed by Attorney White. It was moved and seconded (Norris/Koenig) to approve the Intergovernmental Agreement between the State of Colorado and the Town of Estes Park for the repairs to the FHWA designated roadways as listed above, and it passed unanimously. 3. EXPEDITED APPROVAL PROCESS TO ADDRESS SPRING RUNOFF & RIVER RESTORATION MASTER PLAN. Finance Officer McFarland stated the Town’s Financial Policies and Procedures Manual Section 3.4.7 requires the Town to receive formal sealed bids, Committee recommendation and Town Board approval prior to contracting for services or purchasing goods over $30,000. Staff requested the suspension of the policy through July 2014 to address spring run-off conditions. The expedited bidding and contracting procedures are needed to protect life and property from hazards that may arise Board of Trustees – January 28, 2014 – Page 7 from the spring run-off due to watershed impairments from the 2013 flood. It was moved and seconded (Elrod/Koenig) to authorize the Mayor, or in the absence of the Mayor, the Mayor Pro Tem to award bids and enter into contracts for work in excess of $30,000 without complying with Financial Policies and Procedures Manual 3.4.7(b) requiring sealed biddings, when necessary to protect life and property from hazarders that may arise related to spring run-off through July 1, 2014, and it passed unanimously. 6. REPORTS AND DISCUSSION ITEMS: 1. MULTI-PURPOSE EVENT CENTER & STALL BARN CONSTRUCTION UPDATE. Director Zurn updated the Board on the progress of both projects. The wind and cold temperatures have hampered progress on the MPEC as high winds create dangerous conditions for work crews trying to place roof panels. The masonry work continues with 80% completed to date. The civil site work remains on schedule and the truck dock area flatwork has begun. Mechanical equipment has been placed in the upper copula areas allowing for the enclosure of the upper area roof. PRPA and Baja are making the final connections to the building for fiber optics and cable connections. The MPEC completion date has been estimated at May 1, 2014, while the stall barn should be complete on April 1, 2014. Director Winslow stated Sales and Marketing Manager Lynch has three new events identified and 2 proposals delivered for the MPEC, including an Irish festival, a Master Chin Wellness event and a Home and Garden show for 2014 and 2015. Staff has been evaluating the addition of event software for the new and existing facilities, and would tour the Ranch complex to review their marketing program. The first event for the stall barn would be the Wool Market. The fairgrounds does not currently have a horse event large enough that would require the use of the MPEC. 2. PUBLIC INFORMATION QUARTERLY REPORT. Public Information Officer Rusch reviewed activities for the quarter including flood response and recovery, emergency prepared outreach, 2014 Citizen survey preparation, Community Reinvestment Initiative, Lot 4 Stanley Historic District, 2014 Budget, election and voter information, Public Information policies, event complex construction and marketing, Bear Education Task Force facilitation, and Town newsletter and Spotlight. Followers on both the Town’s Facebook and Twitter accounts continues to grow, however, much slower rate since the flood. Staff has worked closely with CDOT staff to ensure timely and accurate information related to roadway repairs and to keep roadways open on important dates. Staff has begun outreach for the spring run-off to help educate the public. Debriefing after the flood event identified the need for continued training of staff working the Joint Information Center (JIC), back up facilities for the JIC and training for staff in Spanish. Board of Trustees – January 28, 2014 – Page 8 7. REQUEST TO ENTER EXECUTIVE SESSION: It was move and seconded (Blackhurst/Phipps) to enter into Executive Session for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) to discuss citizen initiatives, and it passed unanimously. Mayor Pinkham called a 5 minute break at 9:05 p.m. and entered into Executive Session at 9:11 a.m. Mayor Pinkham reconvened the meeting into regular session at 9:55 p.m. whereupon he adjourned the meeting. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado January 28, 2014 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 Rooms 202/203 in said Town of Estes Park on the 28th day of January, 2014. Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod, Ericson, Koenig, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Town Attorney White and Town Clerk Williamson Absent: None Mayor Pinkham called the meeting to order at 4:30 p.m. TRUSTEE COMMENTS & QUESTIONS. Trustee Ericson requested Assistant Town Attorney John Frey join the Town Board for an upcoming meeting. FUTURE STUDY SESSION AGENDA ITEMS. Trustee Elrod requested the Town Board have a general discussion on voter initiatives. Attorney White suggested the Board add the discussion to the Town Board meeting as an executive session to receive legal advice with regard to the current voter initiative. UPDATE ON SALES TAX CAMPAIGN COMMITTEE. Administrator Lancaster provided the Board an update on the formation of a citizen led sale tax campaign committee. The committee has developed a message of “Stand Together for a Strong Tomorrow”. In order to provide the quality of life the citizens of Estes Park desire, the community needs to band together to get the sales tax increase passed. A speakers bureau has been developed to provide factual information on why the tax is needed, what it will do for the town, and what the tax is not. A member of the committee has developed a Facebook page and developed other social media outlets. He stated Board participation would be critical. Trustee Phipps added the Library has provided the Town with an outline used for their recent mil levy campaign which utilized over 100 volunteers. He urged the Senior Center Inc. to provide support. Town Board Study Session – January 28, 2014 – Page 2 Trustee Norris stated the young families and teachers are supporting the measure for the Community Recreation Center, while the older citizens are asking why they should pay for items they may not use. Other questions being asked include why the tourist are paying for roads they don’t drive on, and what other revenue enhancements did the Town consider. Trustee Phipps added others are questioning why the Town did not consider revenue bonds. REVIEW OF TOWN PROPERTY INVENTORY. The Town staff prepared an inventory of Town owned real estate within the Estes Valley several years ago. The Association for Responsible Development refined the inventory this past summer. The Board was presented with a draft policy last summer containing criteria on how the Town would determine ownership of real estate assets, and the Board decided not to pursue a formal policy. Staff has analyzed and reviewed each parcel to determine the current use and benefit to the Town. The list of properties have been divided into categories including actively used by the Town, potential properties to sale or dispose of, open lands or parks, parking lots that could be used for commercial venture in the future, and properties not owned by the Town but by other entities. The properties identified for disposal included the Fish Hatchery complex, a parcel on Old Ranger Road, two properties on Moraine just below the landfill on either side of Elm Road, a sliver of property along Stanley Circle Drive and Lot 4 Stanley History District. The Town owns a number of open space parcels including three large open space parcels with conservation easements in the Reserve subdivision, a parcel along Dry Gulch Road south of Crossroads Ministry, a small parcel on Moccasin acquired during the development of the bypass, a wooded lot on the corner of Community Drive and Hwy 7, a parcel below the thumb on Prospect Mountain obtained during a subdivision as on outlot, Sanborn reservoir near the Cheley Camp, a parcel containing a water tank acquired with the purchase of the Crystal water system, a parcel on Audubon purchased for a proposed water tank not needed now, and the abandoned Black Canyon water tank parcel. The Board discussed the need for criteria in determining which properties to sell and acquire for public use in the future. Mayor Pro Tem Blackhurst advocated for holding Town owned properties as there may be a use in the future. Administrator Lancaster stated certain properties are a liability for the Town to own, for example Blank Canyon parcel, and therefore, should be sold to the adjacent property owner (MacGregor Ranch or Rocky Mountain National Park). Trustee Koenig suggested a separate category be created for unbuildable lots. Trustee Elrod questioned if parking lots fronting Elkhorn Avenue are the highest and best use of commercial real estate that could generate additional tax revenue. He also questioned the sale of air space above parking lots for commercial or residential use. Administrator Lancaster recommended parking lots could be considered if the spaces are replaced elsewhere in town; however, he recommended the Dairy Queen lot be Town Board Study Session – January 28, 2014 – Page 3 maintained for the one-way couplet realignment and the Brownfield lot for access to the River. Further discussion was heard on whether the properties identified for disposal should be advertised for sale and if formal plans for the use of the properties should be identified. Trustee Koenig suggested Town owned properties available for development could be added to a index in the Development Code for developers to review when considering development in the valley. The Board agreed to allow staff to move forward with the disposal of the Sanborn reservoir and the Black Canyon properties to the neighboring property owners as they pose a liability to the Town. Trustee Elrod suggested land swaps may be an appropriate mechanism for disposing of these properties. Administrator Lancaster would proceed with the disposal of the two properties, narrow down the categories further, and discuss the Town inventory with the new Board. FLOOD RECOVERY AND REPAIR COSTS. Funding for repairs to public infrastructure will come from a number of sources including CIRSA, FEMA, Federal Highways, State of Colorado, NRCS and others. In general, these sources are covering 75% of the cost, 12.5% covered by the State and 12.5% covered by the Town. The Town’s 12.5% can be funded through in-kind match, which was the case for the initial emergency response. The remaining recovery projects are estimated at $1.5 million for the Town’s portion over the next two years. In addition to the Town’s obligation, much of the repair work to be completed would be on a reimbursement basis; therefore, the Town would fund the work upfront and then be reimbursed. This has the potential to cause cash flow concerns. Possible sources of funds to be utilized, including fund balance, maintain reduced budgets, reduction in town services, and proceeds from the sale of excess Town property. Finance Officer McFarland stated the repairs fall into three categories: roads and bridges, FHWA projects, trails and parks at a cost of approximately $5.8 million. He has confirmed that Open Space funds could be used as matching funds to repair trails and parks. He stated Water, Light and Power, and river restoration have not been included. The reimbursement timeframe has been identified as 45 days but could take longer, and therefore, could leave the fund balance down as low as 15% in 2014. CONCURRENT REVIEW AMENDMENTS TO EVDC. Director Chilcott stated staff drafted an amendment to the concurrent review process as directed in a problem statement reviewed and approved by the Town Board and County Commissioners. Staff requests a review and clarification of the policy direction based on the amendment proposed. Staff understood the policy direction was that when a development plan or special review is required, review occurs prior to the Board of Adjustment (BOA) review. However, staff had not considered the Board of Adjustment Town Board Study Session – January 28, 2014 – Page 4 application could not be submitted until final action was taken on the development plan or special review as this would add significant time to the development process. Board discussion followed: Trustee Norris and Mayor Pro Tem Blackhurst would support a parallel process for all application as long as Planning Commission or the Town Board has made a final decision on the application prior to BOA consideration; and the BOA has stated the developer should be able to make a decision to obtain a variance before expending funds on a full development plan. The Board consensus was to move forward with the proposed language allowing all applications to be submitted at the same time, with the BOA hearing the variance application after final decision by the Planning Commission or the Town Board. It was suggested the process be reviewed in 18 to 24 months to determine if the code was working. Trustee Elrod requested staff confirm the Board of County Commissioners would be in concurrence with the proposed code amendment. There being no further business, Mayor Pinkham adjourned the meeting at 6:43 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, January 23, 2014 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 23rd day of January, 2014. Committee: Chair Ericson, Trustees Elrod and Norris Attending: Chair Ericson, Trustees Elrod and Norris Also Attending: Town Administrator Lancaster, Directors Chilcott and Fortini, Managers Mitchell and Salerno, Special Event Coordinator Jacobson, and Deputy Town Clerk Deats Absent: Director Winslow Chair Ericson called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None. COMMUNITY SERVICES DEPARTMENT. INTRODUCTION OF KAREN LYNCH, EVENT SALES MARKETING MANAGER. Coordinator Jacobson introduced Karen Lynch who recently joined Special Events staff to market the new facilities at the fairgrounds. She reported that a temporary website has been created, a Request for Proposal (RFP) for a permanent website has been issued, and press releases describing and providing information about the new facilities are being compiled for Front Range communities. She also noted that the names MPEC and Stall Barns will be retired. ROAD CLOSURES FOR EVENTS. Coordinator Jacobson reviewed the road closures for 2014 and early 2015. She noted that not all events have been scheduled for 2014, and that subsequent road closures will be brought forward when necessary as events are booked and placed on the events calendar. The Committee recommends approval of the road closures as presented to be included as a consent item on the February 11, 2014, Town Board meeting agenda. The road closures are as follows: Event Area of Closure Dates Art Market MacGregor Ave. & Park Lane May 24-26, 2014 Wool Market Manford Ave. (shoulder) June 7-8, 2014 Scandinavian Festival MacGregor Ave. & Park Lane June 28-29, 2014 Coolest Car Show MacGregor Ave. & Park Lane July 4, 2014 Community Development / Community Services – January 23, 2014 – Page 2 Parade – Rodeo Elkhorn Ave., Highways 36 & 7 July 8, 2014 Rooftop Rodeo Manford Ave. (shoulder) July 8-13, 2014 Arts & Crafts Show MacGregor Ave. & Park Lane Aug. 30-Sept. 1, 2014 Scottish/Irish Fest Manford Ave. (shoulder) Sept. 4-7, 2014 Scottish/Irish Fest Manford Ave. & Community Dr. Sept. 4-8, 2014 Parade – Scottish/Irish Fest Elkhorn Ave., Highway 34 Sept. 6, 2014 Fine Arts Guild MacGregor Ave. & Park Lane Sept. 13-14, 2014 Autumn Gold MacGregor Ave. & Park Lane Sept. 19-21, 2014 Elk Fest MacGregor Ave. & Park Lane Oct. 4-5, 2014 Parade – Homecoming Elkhorn Ave., Highways 36 & 7 October – TBD Parade – Catch the Glow Elkhorn Ave., Highways 36 & 7 Nov. 28, 2014 Frost Giant MacGregor Ave. January 25, 2015 FIT-PLUS PASS FEE ADJUSTMENT. The revenue collected from the sale of Fit-Plus passes and fitness class fees was approximately $2,900 in 2013. Manager Mitchell said staff reviewed the current fee schedule and is proposing a slight increase which, if approved, would become effective March 1, 2014. A variety of classes will still be offered at an affordable rate. She said non-members will be charged slightly more than members, a move that is intended to encourage membership in Estes Park Senior Citizens Center, Inc. (EPSCC). Staff is proposing to offer both a 10-punch and a 20-punch pass. The cost would remain the same for EPSCC, Inc., members at $1.50 per punch; with an increase for non-members from $2.00 to $2.50 per punch. The drop-in rate for non-members would increase to $3.00 per class. In addition, the classes will be open to Silver Sneakers participants. The fees are expected to maintain or improve net revenue for the Senior Center and cover instructor expenses. Manager Mitchell said the proposed fee increase has been well-received by participants in the fitness programs with little feedback received by staff and no comments related to the upcoming sales tax increase. The Committee recommends that the adjusted Fit-Plus Pass fees be included as an action item on the February 11, 2014, Town Board meeting agenda. MUSEUM PROGRAM FEE STRUCTURE. Staff presented a proposed fee structure for Museum programs. The fees are intended to offset program expenses, facility upkeep and maintenance, and other operational expenses. Director Fortini stated that a fee schedule does not currently exist for the Museum and said many programs as well as visitation to the museum would remain free of charge. The proposed fee schedule would apply to programs that are currently fee-based, new fee-based programs, and group tours and visits, for example. The Museum Program Fee Structure does not affect room rental fees. Trustee Elrod requested that staff ensure that value is received for ticketed tours by using educated, knowledgeable volunteers as tour guides. Trustee Norris requested sensitivity to the public in regard to the fee structure and the proposed sales tax increase. In regard to a new historic tour business that is preparing to open in Town, Dir. Fortini said that he Community Development / Community Services – January 23, 2014 – Page 3 expects it will generate an interest in history, increase visitation at the Museum, and allow staff to explore more non-traditional programming. The Committee recommends that the Museum Program Fee Structure be included as an action item on the February 11, 2014, Town Board meeting agenda. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Museum Quarterly Report – Programs scheduled for the first quarter of 2014 include Art Eats; Meet Me at the Museum; a program co-sponsored with the Estes Valley Library entitled Eleanor Roosevelt: What Are We Fighting for in Estes Park in World War II; Colorado Connecting Collections Most Significant Artifacts which will include discussion about two significant artifacts that pertain to Estes Park history. In addition, an Estes Park History 101 class ranging from the early pioneers to F.O. Stanley to natural disasters that have occurred in Estes Park, will begin in April and will include guest lecturers and field trips. Trustee Elrod stated that book publishing might be an area of interest for residents of the community and Trustee Norris commented that tours of the flood damaged areas might be of interest to visitors. Trustee Norris commended staff for completing fire extinguisher training and Town Administrator Lancaster said that type of training would be beneficial to all employees. Director Fortini said that work on a mountaineering exhibit in collaboration with Rocky Mountain National Park continues with oral histories and interviews being recorded, and photos and examples of gear being assembled.  Visitor Center Quarterly Report – Manager Salerno said that during the fourth quarter of 2013, telephone calls to the Visitor Center increased for the first time since 2009 with many people calling to check on the status of Estes Park following the flood. Applications to serve as a volunteer Ambassador are being received and training will take place this spring. In addition, Karen Lynch will keep the volunteers up-to-date on new events at the MPEC and stall barns. Retail sales at the Visitor Center were down in 2013, and a new DVD on the history of Hidden Valley has been added to the inventory. Shuttle Coordinator Wells said shuttle routes have been established and bids for the printing of shuttle maps are being solicited.  January Events Report – The WinterFest was not held this year due to construction activities at the fairgrounds. The Whiskey Warm-Up Weekend was held this year as a placeholder for the event. An event focus committee is being assembled and will include representation from the Estes Valley Partners for Commerce. The first meeting will be held on January 30, 2014.  Senior Services – Name & Position Title Change – Staff is recommending name and title changes from Senior Center Division to Senior Services Division to more accurately identify and describe the wide variety of services offered.  Livable Communities and The Passions Project – Staff is working with Larimer County on a black and white photography exhibit called The Passions Project which features two Estes Park residents, Paula Steige and Frank Gunter, along with other Larimer County residents. In addition Manager Mitchell will represent Estes Park in Community Development / Community Services – January 23, 2014 – Page 4 upcoming stakeholder groups in Fort Collins for Livable Communities. The project goal is to help make communities around the United States great places to grow up and grow old.  Verbal Updates – o The Estes Valley Recreation and Park District (EVRPD) continues to hold meetings regarding the community wellness recreation center with space planning being a topic of discussion at a recent meeting. A community survey and community presentations are planned as well as a presentation to the Town Board following completion of the feasibility study and prior to the election. COMMUNITY DEVELOPMENT DEPARTMENT. ESTES PARK MEDICAL CENTER (EPMC) FEE WAIVER. EPMC has withdrawn their fee waiver request in order to provide time to address neighborhood concerns. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Courtyard Shops Code Compliance Update – Dir. Chilcott said that work has started on the sprinkler system at the Courtyard Shops in the area of the Overlook Restaurant. She noted that if a portion of the sprinkler system is not completed by May 1st, an eviction process for the residential units will be started. Dir. Chilcott will confirm with the owner that the residential units will be sprinkled by May 1st.  Annual Community Development Report – Dir. Chilcott reported on highlights of services provided in seven core service areas including: more efficient permitting procedures; official addressing system converted from paper to Geographic Information System (GIS); revised regulations to comply with state standards and proactively planning for spring run-off; day to day services related to signage; updating and modernizing the Comprehensive Plan; weekly meetings of the development review team resulting in improved coordination and communication; and full-time Code Compliance Officer/Planner to provide community outreach and develop code compliance policies and procedures. Trustee Norris commented that these are examples of improvements in government and the services taxpayers receive for their tax dollars. The Committee discussed next steps in regard to proposed changes to the Development Code and proposed scheduling joint work sessions to include the Town Board, Estes Valley Planning Commission, and Larimer County Commissioners. Next steps in updating the Comprehensive Plan were also discussed. Dir. Chilcott said previous information indicated that an update to the Code could be implemented at a cost of $50,000 to $75,000, depending on the length of the public comment component.  Development Review Team Update – Planner Shirk provided highlights from 2013 which included: building permits for the MPEC and Stall Barns; special Community Development / Community Services – January 23, 2014 – Page 5 reviews of the Elkhorn Tubing Hill, an open air adventure park, the Harmony Foundation expansion, Elm Road Industrial Park, Estes Park Medical Center parking lot expansion, and initial review of the Anschutz Wellness Center on Lot 4; review of a wedding pavilion in the Stanley Historic District; approval of three locations for AT&T monopine cell antenna; Mountain River Townhomes development; Sanctuary on Fall River; Visitor Center Parking Structure; and ridge line protection review. He stated the projects represent approximately $60 million worth of development in the Estes Valley in 2013. Planner Shirk reported that the busy trend is continuing into the beginning of 2014 with pre-application meetings for redevelopment on the former Mountaineer Restaurant property and a proposed development by the Estes Park Housing Authority (EPHA); and a ridge line protection review in Husted Heights. Staff commented that the current Planning Commission is working well together and that training on development review and conflict of interest and quasi-judicial decisions have been held. Trustee Elrod noted that it is helpful to the EVPC when a representative of Larimer County is in attendance at their meetings and encouraged their continued participation. There being no further business, Chair Ericson adjourned the meeting at 9:55 a.m. Cynthia Deats, Deputy Town Clerk Community Services Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Lori Mitchell, Senior Services Manager Date: February 11, 2014 RE: Fit-Plus Pass fee adjustment – Senior Center Objective: Obtain approval of the revised Fit-Plus Pass fees. Present Situation: The Senior Center budget calls for revenue from participant fees for programs. Through our Fitness for Life /Fit-Plus Pass program, we offer a wide variety of classes taught by paid professional fitness instructors. Participant fees cover all instructor and supply expenses. Within the Fit-Plus Pass system, participants may pay for classes either with a pre-paid punch Pass or pay the cash drop-in rate. It is believed that at this time, after nearly seven years at the same rate, the Fit-Plus Pass requires minor adjustments in order to continue to meet revenue goals and cover expenses. Classes offered in the Fit-Plus Pass program have included Tri-Fit, Tai Chi and ZUMBA. Tai Chi was removed as the instructor was unable to teach in 2014, however, Chair Yoga was added in its place. New classes can be added to the program as needed. Since inception of the fitness program in 2004, the Senior Center’s core philosophy has been to make classes available and affordable for seniors to promote health and fitness while providing a source of revenue for operations. Fit-Plus Pass fees have been kept low intentionally thus allowing seniors to participate in a variety of classes. The philosophy is to meet revenue goals through high-volume sales of the Fit-Plus Pass. For example, with 2013 yet to close, revenue from Fit-Plus Pass classes is approximately $7900 with fitness expenses estimated to be approximately $5,000. Similar Front Range fitness programs have a wide range of fees. When our Fitness Fees were first implemented in 2004 and subsequently revised in 2005 and 2007, staff conducted research to assure prices were fair and within market. Staff again researched Front Range fitness fees and found our fees are within range of other programs. Other facilities also tie access to discounts on fitness fees to things like recreation passes, memberships, resident and non-resident status or other factors. For our program, members of Estes Park Senior Citizens Center, Inc. receive discounts on all fee-based programs offered. Similar fitness program fees: Boulder Senior Center $4.00 - $8.00 per class /Silver Sneakers eligible Longmont Senior Center $8 - $10 per class / Silver Sneakers use the Longmont Recreation Center Fort Collins Senior Center $5.00 and up per class plus facility admission pass / Silver Sneakers eligible Wheatridge Active Adult Center $2.80 to $6.00 per class / Silver Sneakers eligible Proposal: (See attachment)  Retain the core philosophy to keep fitness fees low while meeting expenses.  Maintain a small net revenue stream from Fitness for Life classes.  Eliminate the 5-punch and 18-punch Passes;  Create10-punch and 20-punch Passes for greater convenience;  Create shared revenue stream between the Senior Center and MedX of Estes from Silver Sneakers participants;  Retain cost per punch for EPSCC, INC. members at $1.50;  Adjust cost per punch for non-members from $2.00 to $2.50;  Retain Tri Fit drop-in fee and adjust drop-in fees for all other classes for members; see attachment;  Adjust drop-in rates for all classes for non-members; see attachment. Advantages:  If a similar number of Fit-Plus Passes are sold in 2014 as in 2013, fee adjustments will maintain or improve net revenue for the Senior Center and cover all newly adjusted instructor expenses.  Keeping fees low aligns with our philosophy; the secret to meeting revenue goals has been selling large numbers of Passes.  Creates the 10- and 20-punch Fit-Plus Pass options that are more convenient than the 5- and 18-punch Passes.  Stimulates interest in Estes Park Senior Citizens Center, Inc. membership by maintaining a significant difference between member/non-member rates.  Attracts new customers by adding the convenience of the Silver Sneakers program; allows for shared Silver Sneakers revenue between Senior Center and local fitness business.  Provides the ability to bring fitness instructor fees within market range ($20 to $30 per hour); previously, one Estes Park fitness business was donating a large portion of their fees. Senior Center staff initiated the effort to compensate this local company at market rates for its services. This will increase expenses by approximately $610 per year.  Research validates the proposed fees as appropriate and within range of other Front Range programs. Disadvantages:  There’s always risk of confusion for customers when prices change; however adequate public materials and news releases will be prepared along with training for reception desk volunteers who handle the exchange for Fit-Plus Passes. Action Recommended: Because this action involves new and revised fees, staff needs Town Board approval in order to publicize and implement the fees. Staff recommends implementing the revised fees effective March 1, 2014. Budget: Community Services Fund – Senior Center Revenue and expenses for Fitness for Life classes 2014 projected revenue 222-5304-342-30-02: $12,350 2014 projected expense 222-5304-453-26-16: $ 7,610 Level of Public Interest Senior Center fitness classes have great credibility and are followed enthusiastically by participants. In 2013, 3,349 visits were made to approximately 300 individual classes offered under the Fit-Plus Pass. Initial forecasting of potential fee changes has been received positively by reception desk volunteers and a test number of participants. Recommended Motion: I move the revised Fit-Plus Pass fees be approved and go into effect March 1, 2014. Attachments: Fit-Plus Pass fees - current and revised Town of Estes Park - Senior Services Division Attachment: Fit-Plus Pass fees - current and revised CDCS - January 23, 2014 / Town Board – February 11, 2014 Current Fit-Plus Pass fees FIT-PLUS PASSES EPSCC INC MEMBER NON-MEMBER 5-PUNCH PASS $ 7.50 $10.00 18-PUNCH PASS $27.00 $36.00 Fit-Plus Pass EPSCC MEMBER WITH FIT-PLUS PASS Per class: EPSCC MEMBER WITHOUT FIT-PLUS PASS Drop-in rate per class: NON-MEMBER WITH FIT-PLUS PASS Per class: NON-MEMBER WITHOUT FIT-PLUS PASS Drop-in rate per class: SILVER SNEAKERS Per class: Tri Fit 1-punch $2.00 1-punch $2.00 FREE ZUMBA 2-punches $3.00 2-punches $5.00 Normal rates apply Chair yoga 2-punches $5.00 2-punches $5.00 Normal rates apply Proposed Fit-Plus Pass fees – to be effective March 1, 2014 FIT-PLUS PASSES EPSCC INC MEMBER NON-MEMBER 10-PUNCH PASS $15.00 $25.00 20-PUNCH PASS $30.00 $50.00 Fit-Plus Pass EPSCC MEMBER WITH FIT-PLUS PASS Per class: EPSCC MEMBER WITHOUT FIT-PLUS PASS Drop-in rate per class: NON-MEMBER WITH FIT-PLUS PASS Per class: NON-MEMBER WITHOUT FIT-PLUS PASS Drop-in rate per class: SILVER SNEAKERS Per class: Tri Fit 1-punch $2.00 1-punch $3.00 FREE ZUMBA 2-punches $4.00 2-punches $6.00 Normal rates apply Chair Yoga 2-punches $4.00 2-punches $6.00 Normal rates apply Misc. new classes can be added Varying # of punches $2.00 - $5.00 Varying # of punches $3.00 - $8.00 Normal rates apply Community Services Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Derek Fortini, Museum Director and Curator of Exhibits Date: February 11, 2014 RE: Museum Program Fee Structure Objective: To obtain approval of the proposed Museum Program Fee Structure. Present Situation: The Museum budget calls for income or revenue from various sources which will help offset program or instructor expenses, facility upkeep and maintenance, and other operational needs. Currently, no fee structure related to programming is in place for the Museum. When fees are involved with programs, prices are set somewhat subjectively, taking into account the target audience. The attached Museum Program Fee Structure only applies to programs, whereas other income sources, such as facility rentals, already have their own fee structure. Proposal: Following the Senior Center model, a fee structure will establish sums to be charged for specific types of programs. Various local programs and regional museums of similar sizes were researched to derive suggested prices. Staff devised a pilot fee structure which was then applied to programs the Museum had offered in the past as well as planned programs in the near future and subsequently adjusted. As a result, staff is confident in the prices defined in the fee structure. The fees will be assessed periodically in order to make sure that they meet revenue goals and remain affordable. Advantages:  Easier for staff to budget program income and expenses  Easier to set requirements for attendance, leading to only well attended programs being executed  Provides consistency in establishing fees  Including discounted membership rates within the fee structure will make the Museum membership program more appealing Disadvantages:  It’s possible some may perceive the new Fee Structure negatively since a majority of Museum programs have been free in the past. However, with adequate publicity and public education around the value of programs, the need for revenue and the improved planning process, the impact should be minimal.  As the Museum expands its programming, it will include more fee-based programs; however, it is noted in the policy that the Museum will always offer free programs to the community as well. Additionally, the Estes Park Museum Friends & Foundation, Inc. has established a “scholarship” program to help make any program with a fee available to those interested. Action Recommended: Because this action involves new fees, staff needs Town Board approval in order to publicize and implement the fees. Staff recommends implementing the Museum Program Fee Structure effective March 1, 2014. Budget: Community Services – Museum 2014 Participants fee projected revenue of $2,400 (222-5700-342.30-01) and projected expense of $1,400 (222-5700-457.26-16). Level of Public Interest Staff perceives the level of public interest in this action is relatively low. A mix of fee based and free programming has already been established by the Museum. The general public will experience consistent pricing for fee based programs. The Estes Park Museum Friends & Foundation, Inc. will have a high interest since member discounts are included in the fee schedule. Previously, membership discounts were determined subjectively at select programs. Sample Motion: I move the Museum Program Fee Structure be approved go into effect March 1, 2014. Attachments: Museum Program Fee Structure MUSEUM PROGRAM FEE STRUCTURE Description Museum member* (child rate) Non-member* Program – staff led (Or Non-profit group) $30 $45 Museum Gallery Tour (Or non-profit) $4/person (no cost to non-profit children’s group) $5/person Group Hydroplant Tour (Or non-profit) $4/person (no cost to non-profit children’s group) $5/person Misc. or series $6 per session + supply costs and/or instructor fees (shared portion) $12 per session + supply costs and/or instructor fees (shared portion) Misc. Guest Lectures (single event) $2 + Lecturer fee (shared portion) $4 + Lecturer fee (shared portion) History Hike $8 + transportation fees (if applicable) $8 + transportation fees (if applicable) Walking Tour $8 $8 Biking Tour $8 $8 Day trip $5 + venue/ admission fees + shared portion of driver expenses and transportation fees $11 + venue/ admission fees + shared portion of driver expenses and transportation fees Instructor led workshop (Adults) $3 + instructor fee (shared portion) + supply costs $5 + instructor fee (shared portion) + supply costs Instructor led workshop (Children and/or Families) $1 + instructor fee (shared portion) + supply costs $3 + instructor fee (shared portion) + supply costs *EPMFF will cover program fees through a scholarship program established between the EPMFF and the Museum. *The Museum will not charge any one family for more than five members when attending a program. Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: February 7, 2014 RE: Intergovernmental Agreement between the Town and Larimer County Elections Office for Assistance during the 2014 Election Objective: To obtain approval of the IGA between the Town of Estes Park and the Larimer County Election Office for assistance with the Town’s regular Municipal Election on April 1, 2014. Present Situation: The Town has hired the Larimer County Election Office to conduct mail ballots for the past three Town elections. The Town has not conducted its own election since 2008 and does not currently have working relationships with election vendors. The County has indicated they would be willing to act as a vendor for the Town and help prepare the ballot, complete the required TABOR notice for the sales tax question, and conduct the formal counting of the ballots on election day. Proposal: In order to formally obtain the assistance of Larimer County, an Intergovernmental Agreement is required and has been included in the packet for the Board’s review. Exhibit A of the agreement contains the estimated costs for materials and staff time to produce ballots, set up and program electronic voting machine cards, produce TABOR notice and mail notice, and count ballots on the night of the election. Advantages:  The Town would benefit by having access to the Larimer County vendors that have been proven reliable by the County.  The Clerk’s Office would benefit from the expertise of the County as it relates to preparing the ballot and counting ballots. Disadvantages: None. Action Recommended: Approval of the Intergovernmental agreement with Larimer County Election Office as presented. Ordinance 04-14 - Initiated Ordinance Petition Requiring a Conservation Easement on Lot 4, Stanley Historic District 2 Budget: The budget contains $20,000 for the election. Level of Public Interest: Low Sample Motion: I move to approve/deny the Intergovernmental Agreement with the Larimer County Election Office to provide services for the 2014 Municipal Election on April 1, 2014. Attachments: Intergovernmental Agreement S:\ELECTIONS\2014\ESTEST PARK ELECTION\IGA\ESTES PARK IGA.DOCYMdb013114 1 AGREEMENT CONCERNING ELECTION SUPPORT THIS AGREEMENT is made effective this ___day of February, 2014, between the Larimer County Clerk and Recorder (“Clerk”) and the Town of Estes Park (the “Town”): The Town has its regular Municipal election on April 1, 2014 pursuant to C.R.S. §31-10- 101(the “Election”); and The Clerk has agreed to perform certain election services set forth herein in consideration of the performance by the Town of its obligations and payment of a fee as set forth herein; and NOW, THEREFORE, in consideration of their mutual promises contained herein, the parties agree as follows: I. Duties of the Clerk The Clerk has designated Doreen Bellfy, whose telephone number is (970) 498-7941, as the “Contact Officer” to act as the primary liaison between the Clerk and the Town for the purposes of the Election. The Contact Officer shall act under the authority of the Clerk. The Clerk agrees to perform the following duties, or such other duties as may be mutually agreed upon by the parties in writing, in connection with the Election: A. Preparation for the Election 1. Provide the Town a street locator file, which lists the street addresses located in the Town within the Clerk’s voter registration system. 2. Place the ballot content-properly certified to the Clerk in accordance with law-upon the ballot. Certify the ballot content to the printer. Contract for printed ballots and coordinate payment to printer(s). 3. Supply, deliver and set up all necessary items for the preparation and conduct of counting ballots. 4. Conduct any required tests and audits of the voting system prior to and after the Election C.R.S. §31-10-810(1). B. TABOR Notice. 1. The Clerk shall prepare and mail the TABOR notice not less than thirty days prior to the election in compliance with Article X Section 20 of the Colorado Constitution and any pertinent Code and Rules. The Clerk shall determine the least cost method for mailing the TABOR notice and address the TABOR notice to “All Registered Voters” at each address in Estes Park where one or more active registered voters of the Town reside. 2. Charge the Town for all expenses for the preparation, printing, labeling and S:\ELECTIONS\2014\ESTEST PARK ELECTION\IGA\ESTES PARK IGA.DOCYMdb013114 2 postage for the TABOR notice. C. Election Costs 1. Keep an accurate account of all Election costs including, but not limited to, supplies, printing costs, staff and temporary labor, and other expenses attributable to the Clerk’s support. 2. There will be additional charges should there be a recount. A recount is not included in the original cost estimation. II. Duties of the Town The Town shall perform the following duties in connection with the Election: A. Preparation for the Election 1. Be solely responsible for determining whether the ballot question is properly placed before the voters. 2. Review the information contained in the street locator file and certify its accuracy, as well as any changes, additions or deletions to the file. The certification of the street locator file shall be made no later than February 7, 2014 at 5:00 p.m. to the Clerk. 3. Provide a certified copy as an email attachment to elections.co.larimer.co.us or on compact disc (650 MB or higher), in the format requested below, no later than February 28, 2014 of the ballot content to the Clerk exactly as, and in the order in which, it is to appear and be printed on the ballot pages and sample ballots. The certified ballot question shall be final, and the Clerk will not be responsible for making any changes after the certification.  Microsoft Word '97 or a version of Microsoft Word able to be converted to Microsoft Word ‘97  Font Type: Arial  Font Size: 10 point  Justification: Left  All Margins: 0.5 inches 4. Proofread and approve the Town’s ballot content for printing within one business day of receipt from the Clerk. The Town shall provide a fax number and designate a person to be available for proofing and approving ballot content for printing. The Clerk agrees to keep all contact personnel apprised of ballot printing status for all contacts. The Town has designated Jackie Williamson, whose phone is 970-577-4771 and fax number is 970-577-4770 B. TABOR Notice. S:\ELECTIONS\2014\ESTEST PARK ELECTION\IGA\ESTES PARK IGA.DOCYMdb013114 3 1. The Town shall be solely responsible for calculating and providing to the Clerk any fiscal information necessary to comply with TABOR. The Clerk shall in no way be responsible for the Town’s compliance with TABOR or the accuracy of the fiscal information. 2. The process of receiving written comments relating to ballot issue(s) and summarizing such comments, as required by TABOR, is the sole responsibility of the Town. 3. The Town shall be solely responsible for TABOR preparation, accuracy and the language contained therein, and shall submit such notice, including pro and con summaries and fiscal information, to the Clerk no later than Date at 5:00 p.m., pursuant to C.R.S. §1-7-904. Such notice shall be provided to the Clerk as an email attachment to elections@co.larimer.co.us or on compact disc (650 MB or higher) in the following format: Microsoft Word '97 or a version of Microsoft Word able to be converted to Microsoft Word ‘97 Font Type: Arial Font Size: 8 point Justification: Left All Margins: 0.5 inches 4. The certified text, summary of comments and fiscal information submitted by the Town shall be final. 5. Town shall proofread and approve the TABOR content for printing. The Town shall provide a fax number and designate a person to be available for proofing and approving TABOR content for printing. Due to time constraints, the Town must provide contact information for someone who is available from 8:00 a.m. to 10:00 p.m. from DATE until DATE, or until the TABOR notice is mailed. The Clerk agrees to keep all contact personnel informed of TABOR printing status. The Town has designated Jackie Williamson, whose phone is 970-577-4771, cell is 970-481-6959 and fax is 970-577-4770. 6. Once approval has been received, the Clerk will not make any changes to the TABOR content. If the Town fails to provide approval by the required deadline, the content is to be considered approved. 7. C. Election Costs 1. The Town’s cost shall be based on County expenditures relative to the Election and costs including, but not limited to, supplies, printing costs, staff and temporary labor, and other expenses attributable to the Clerk’s support. 2. The Town avers that it has sufficient funds available in its approved budget to pay its Election expenses. 3. Upon receipt of the invoice, pay to the Clerk within thirty days a fee which shall be an amount determined in accordance with the formula set forth on Exhibit A which is S:\ELECTIONS\2014\ESTEST PARK ELECTION\IGA\ESTES PARK IGA.DOCYMdb013114 4 attached hereto and incorporated herein by reference. 4. Pay any additional or unique election costs resulting from delays, recounts, special preparations and/or cancellations. III. Additional Agreements 1. In the event a court of competent jurisdiction finds the Election for the Town was void or otherwise fatally defective as a result of the sole breach or failure of the Clerk to perform in accordance with this Agreement or laws applicable to the election, the Town shall be entitled to recover expenses or losses caused by such breach or failure up to the maximum amount paid by the Town to the Clerk under this Agreement. The Clerk shall in no event be liable for any expenses, damages or losses in excess of the amounts paid under this Agreement. This remedy shall be the sole and exclusive remedy for the breach available to the Town under this Agreement. 2. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges, immunities to the parties, their officers or employees may possess, except as expressly stated in this Agreement. 3. Time is of the essence under this Agreement. The statutory time frames or requirements of the Code and the Rules shall apply to the completion of any duties or tasks required under this Agreement. S:\ELECTIONS\2014\ESTEST PARK ELECTION\IGA\ESTES PARK IGA.DOCYMdb013114 5 Exhibit A UNIT COST HOURS LABOR DAYS TOTAL Labor $9,377.85      SCORE (Election setup, street library) $30.95 3 4 4 $1,485.60 Proofing $30.95 4 4 1 $495.20    GEMS Election setup, ballot artwork, and files to vendor $30.95 4 2 1 $247.60    Equipment testing (LAT) $30.95 4 2 1 $247.60    Receive and prep ballots (Active 4049/Inactive 469) $30.95 3 2 17 $3,156.90    Count ballots and Duplication if necessary (4049) $30.95 5 7 3 $3,249.75    Post Election Audit $30.95 4 4 1 $495.20    UNIT COST NUMBER TOTAL Ballots $5,860.00 Setup Fee $350.00 1 $350.00      11" Ballot $0.35 3800 $1,330.00 Secrecy Sleeve $0.25 3800 $950.00 Ballot Envelopes $0.25 3800 $950.00 Ballot Packets (insertion/inkjetting) $0.30 3800 $1,140.00 Postage $0.15 3800 $570.00      11 " Ballots (replacements) $0.35 200 $70.00      Test Deck $1.00 200 $200.00 Ballot & Envelope Shipping $300.00          TABOR $1,720.00 Printing $0.35 2820 $987.00 Mailing $0.25 2820 $705.00 Additional Copies (for public) $0.35   80  $28.00 EQUIPMENT RENTAL $0.00 S:\ELECTIONS\2014\ESTEST PARK ELECTION\IGA\ESTES PARK IGA.DOCYMdb013114 6       MISCELLANEOUS $0.00 overnight accommodations fuel       S:\ELECTIONS\2014\ESTEST PARK ELECTION\IGA\ESTES PARK IGA.DOCYMdb013114 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective upon the date first above written. LARIMER COUNTY, COLORADO CLERK AND RECORDER Date: Angela Myers Date: BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO ATTEST: Deputy Clerk of the Board Steve Johnson Chair Approved to as to Form: County Attorney TOWN OF ESTES PARK Date: By: Mayor ATTEST” ___________________________________________ Town Clerk 2.6.14 Draft INTERGOVERNMENTAL AGREEMENT FOR REPAIR OF THE FISH CREEK CORRIDOR This Agreement is effective on this 22nd day of January, 2014 between the Board of County Commissioners of Larimer County (“County”), the Town of Estes Park (“Town”), the Upper Thompson Sanitation District (“UTSD”), and Estes Valley Recreation and Park District (“EVRPD”) (collectively the “Parties”). WITNESSETH: WHEREAS, the Parties each have certain resources and infrastructure that from time to time are impacted by natural and human-caused events that threaten public property, health, safety and welfare, and the environment; and WHEREAS, it is essential that communities and entities work together to share and provide resources to one another during critical periods in emergencies when resources become scarce, as such resources are necessary to preserve life and property; and WHEREAS, when one community provides such assistance to the other, it supports the ideology of the "whole community" as emphasized by the Federal Emergency Management Agency ("FEMA"), and also builds a partnership that may provide a reciprocal benefit in the event of future emergencies; and WHEREAS, it is necessary and desirable that an appropriate agreement be executed for the exchange of such mutual aid; and WHEREAS, Sections 29-1-203 and 24-33.5-713, Colorado Revised Statutes, authorize the Parties to enter into agreements for mutual cooperation regarding public infrastructure re- development and the furnishing of mutual aid; and WHEREAS, as a result of recent severe and historically unprecedented flooding in Northern Colorado (“2013 Flood”), Colorado Governor John Hickenlooper has declared a disaster emergency in Larimer County, Colorado; and both the Town of Estes Park and Larimer County have declared local disasters pursuant to the applicable provision of the Colorado Revised Statutes; and WHEREAS, President Obama has also issued a disaster declaration for Boulder, Adams, Larimer and Weld counties, and ordered federal disaster relief be available to the fullest extent possible under existing law; and WHEREAS, UTSD has declared a local emergency pursuant to such declarations related to the 2013 Flood; and WHEREAS, the 2013 Flood severely damaged the Fish Creek Corridor in the Estes Valley in the area shown on Exhibit A attached hereto, including extreme erosion, channel migration, and complete destruction of portions of Fish Creek Road and the related connector 2.6.14 Draft roads, recreational path, and utilities running near and under the roadway (collectively, the “Fish Creek Corridor”); and WHEREAS, Fish Creek Road is a Rural Major Collector road, various sections of which traverse the Town and/or County, such that the Town and County have jurisdiction over and are responsible for various portions of the connector road; and WHEREAS, Fish Creek Road and some of the connector roads are “Federally Designated Highways” and subject to the reimbursement requirements of the Federal Highway Administration (FHWA); and WHEREAS, the Fish Creek Road Corridor connector roads traverse the Town and/or County, such that the Town and County have mutual jurisdiction over and are responsible for various portions of the road; and WHEREAS, there are various utilities in and around the Fish Creek Corridor , including water lines and electrical lines maintained by the Town and sanitation lines maintained by UTSD; and WHEREAS, there are various sanitation lines maintained by UTSD that are located in private easements along the Fish Creek Corridor; and WHEREAS, the Fish Creek Corridor water and sanitation lines are subject to the reimbursement requirements of the Federal Emergency Management Agency (FEMA); and WHEREAS, UTSD has installed temporary piping and connections that will require removal during completion of the permanent improvements along the Fish Creek Corridor; and WHEREAS, EVRPD has constructed and maintains a public recreation path that travels proximate to Fish Creek and Fish Creek Road; and WHEREAS, the Town has constructed and maintains paved public recreation paths and bridge(s) that travel proximate to Fish Creek and Fish Creek Road; and WHEREAS, the 2013 flood caused major changes to Fish Creek including, but not limited to, migration of the channel, erosion of the stream bank, habitat destruction, and widening of the stream corridor; and WHEREAS, a restored Fish Creek will promote, preserve and enhance the important hydrologic, biological, ecological, aesthetic, recreational and educational functions to residents and visitors to Estes Park; and WHEREAS, the public infrastructure maintained by the Parties is interconnected such that design and repair efforts by each of the Parties individually would cause more delay, and would be more complex and expensive than if the Parties collaborate and make repairs as a single project; and 2.6.14 Draft WHEREAS, the restoration of public infrastructure of Fish Creek will require review and approval pursuant to applicable environmental regulations; and WHEREAS, in order to protect and restore the public infrastructure in and around the Fish Creek Corridor, and in furtherance of public safety and welfare, it is necessary for the Parties to cooperate and contract together for the design and reconstruction of the Fish Creek Corridor, including the public utilities and public recreation path that exist in and around the Fish Creek Road right of way, connector road rights-of-way, private easements, and assist in the master planning and restoration of Fish Creek (the “Fish Creek Project”); and WHEREAS, the total planning, design, and construction cost to restore the Fish Creek Corridor to pre-existing conditions is anticipated to be approximately $15,500,000. WHEREAS, the Parties desire to cooperate and enter into this Agreement outlining their respective duties and responsibilities for such design, reconstruction, and funding of the Fish Creek Project. NOW, THEREFORE, in consideration of the promises, conditions and covenants set forth herein the Parties mutually agree as follows: I. PURPOSE a. The purpose of this Agreement is to outline the duties and responsibilities of the Parties and establish a mutually agreed upon course of action for the permanent design, repair, and funding of public infrastructure, and the Fish Creek waterway as necessary, the Fish Creek Project. The Parties acknowledge that temporary measures required by the 2013 Flood may have already been undertaken by each or any of the Parties, and this Agreement is not intended to create a process for joint design or construction of such temporary measures already undertaken in response to the declaration of emergency. b. The Parties agree that the County will act as the primary manager of the Fish Creek Project on behalf of all Parties. As such, the County shall act as primary point of contact for any contractor(s) or consultant(s) hired by the Parties and shall serve as the primary point of receipt of invoices and other materials related to the Fish Creek Project. However, the Parties shall each and all make decisions related to the Fish Creek Project, as defined in this Agreement. II. COLLABORATION a. The Parties acknowledge that communication and collaboration among them will be required for the successful completion of the work undertaken pursuant to this Agreement. To that end, the Parties will form a Technical Advisory Committee (“TAC”) composed of at least one and not more than three representatives selected and appointed by each Party. TAC shall consult with and assist the 2.6.14 Draft County in managing the design, construction, and funding work to be completed pursuant to this Agreement, and carry out other responsibilities assigned herein. b. TAC shall have frequent, regular project coordination meetings and anticipates that such meetings will occur on at least a monthly basis either in person or by telephone conference means. c. TAC representatives shall use best efforts to mutually resolve disagreements about scope of design, construction, funding, or other matters. If resolution cannot be achieved, TAC shall collectively request assistance from the County Manager, Town Administrator, UTSD Manager and EVRPD Executive Director (collectively “Administrators”). The Administrators shall each have one vote in any matter requiring resolution, and shall resolve the disagreement by majority vote of the Administrators or determine a method to be used to achieve final resolution if one cannot be reached by simple majority vote of the Administrators. d. TAC will periodically inform the public about the design and construction work and promote the goals of such work. e. The County agrees to include TAC on project related correspondence and make all predesign, design, financial, cost accounting reports, and other project related documentation available for inspection by any Party. III. PHASE I - DESIGN WORK a. CONSULTANT SELECTION i. The County shall prepare a detailed Scope of Work which describes the tasks and services to be performed by a consultant to prepare design documents, including construction plans and specifications, coordinate permitting, and coordinate easements for all of the repair and restoration work required for the Fish Creek Project (“Design Consultant”). The County shall complete the initial draft of the Scope of Work within ten (10) days following execution of this Agreement by all Parties. Each Party shall provide the County with information and details regarding the scope of work under the jurisdiction of that Party as soon as is practicable, given the need for the County to include all Parties’ materials in the final Scope of Work. ii. In response to the 2013 Flood, the County, using existing procurement processes, selected a number of design and construction firms for flood recovery and non-project-specific bridge and roadway design and construction management services (Existing Contractors). The Parties recognize that using an Existing Contractor would allow Phase I to commence quickly, which is in the best interests of the effected 2.6.14 Draft communities. As such, the Parties agree that the TAC will review the Existing Contractors, consider any applicable reimbursement regulations and guidelines, and decide whether an Existing Contractor should be selected for Phase I. This decision shall be made by the TAC within fourteen (14) days after the County distributes the final Scope of Work to the Parties. The decision to use an Existing Contractor must be unanimous. iii. In the event an Existing Contactor is not selected for Phase I, the Parties agree to select a contractor using the County’s existing procurement process and the following additional procedures: 1. The County will distribute a draft Request For Qualification (RFQ) to the members of TAC for review and comment. TAC will review and provide comments to the County about the RFQ within ten (10) days following receipt. 2. The County will post the RFQ for a period of three weeks. Upon closure, the County shall compile and forward all proposals to TAC for review and consideration. 3. TAC will collectively select the Design Consultant within twenty- one (21) days following the closing day for submittal of RFQs. County will formally award the job to the Design Consultant consistent with existing County processes, and prepare a contract for the work. The County shall forward a draft design contract to TAC for review and approval. Upon approval by TAC, the County will present the design contract to the Design Consultant for execution. The County will execute the design contract on behalf of and for the benefit of all the Parties. iv. The 50% draft, 90% draft, and final design documents will be submitted to the Federal Emergency Management Agency (FEMA), the Federal Highway Administration (FHWA), the Natural Resources Conservation Service (NRCS), and/or the State of Colorado for review of anticipated reimbursement to each Party. The County will make adjustments to the design as requested by the Parties to address the reimbursement requirements of the Federal and State agencies noted above. b. AREAS OF RESPONSIBILITY i. The Parties acknowledge that their jurisdictions in the Fish Creek Corridor overlap such that it may be difficult or impossible to identify with absolute certainty each Party’s area of responsibility. This uncertainty is even more 2.6.14 Draft pronounced at this time given that the scope and design of repairs is not complete. ii. Nonetheless, the Parties have reviewed available damage assessments and considered their respective areas of jurisdiction, and agree that the following estimated percentages of responsibility for the Phase I work to accurately reflect their percent of responsibility: 1. County 39% ($6,000,000) 2. Town 43% ($6,694,864) 3. UTSD 12% ($1,942,950) 4. EVRPD 6% ($880,000) iii. Following completion of Phase I work and prior to final distribution of funds, the Parties agree to adjust the costs of the Phase I work to accurately reflect the actual cost of the Phase I work attributable to each Party. iv. Following receipt of the completed Phase I design, the Parties agree to define the scope of Phase II work (administration and construction) completely in a document to be attached to this Agreement as Exhibit B, which shall fix and describe the Phase II work to be performed related to each Party’s jurisdiction, along with an estimated cost breakdown for Phase II work for each Party. The Exhibit B shall serve as the basis for formalizing an estimate of the percentage of responsibility each Party shall bear for the administration of the Fish Creek Project and the Restoration Project (if any is ordered) in Phase II and will define estimated construction costs for each Party based on the proposed work in each area. c. PAYMENT TERMS i. The contract with the Design Consultant shall provide that invoices will be submitted to the County for payment within 60 days of receipt. Upon receipt by the County, the County will distribute the invoice to the other Parties through their respective TAC representatives. ii. Within 30 days of receiving an invoice, each Party shall submit payment to the County in an amount equal to its percentage of responsibility as established in Section III(b)(ii) above. Following receipt of these payments from the Parties, the County will pay the invoice in full. If any Party fails to submit its payment, the County shall immediately notify all Parties and convene a meeting of the TAC to resolve the non-payment. iii. Within 15 days of receiving the final Phase I invoice, the County shall provide a reconciliation invoice of actual costs in accordance with Section III(b)(iii). Within 15 days of receiving the final invoice, each Party shall 2.6.14 Draft submit payment to the County in an amount equal to its final payment as established in Section III(b)(iii) above. Following receipt of these payments from the Parties, the County will pay the invoice in full. If any Party fails to submit its final payment, the County shall immediately notify all Parties and convene a meeting of the TAC to resolve the non-payment. iv. The Parties will be seeking reimbursement from the Federal Emergency Management Agency (FEMA), the Federal Highway Administration (FHWA), the Natural Resources Conservation Service (NRCS), and/or the State of Colorado as authorized pursuant to the above referenced disaster declarations. Each Party is responsible for submitting and processing any such claims it may have with these federal and state entities. Any disaster relief funds collected by any Party shall be the sole responsibility and shall be accounted for solely by the receiving entity. v. The County will provide a detailed cost breakdown for work completed by the Design Consultant and other costs for use with each Party’s reimbursement submittal with each Design Consultant invoice.. vi. The Parties agree to the dispute resolution procedures in Section II.c. of this Agreement if any Party fails to pay. d. FUNDING AFFIRMATION i. The information necessary to determine each Party’s funding responsibility for Phase II of the Fish Creek Project will only be available following receipt of the Phase I design. Accordingly, each Party shall, within thirty (30) days of the finalization of Exhibit B, affirm its continuing agreement to continue its participation in Phase II of the Fish Creek Project including, but not limited to, its responsibility for funding its portion of the Fish Creek Project as set forth on Exhibit B. Said affirmation of the individual Party’s continuing responsibility for Phase II shall be forwarded to the County. IV. II - REPAIR AND RECONSTRUCTION WORK a. REQUEST FOR PROPOSAL i. Following completion of the Phase I work set forth in Section III above, the County shall prepare Bid documents including construction plans and specifications for a general contractor (“General Contractor”) for all repair and reconstruction required of the Fish Creek Project. The County shall complete the initial draft of the bid documents within twenty (20) days following receipt of the final design documents. The scope of work under jurisdiction of that Party will be as established in Exhibit B. The Parties agree the County shall use its existing RFP process. 2.6.14 Draft ii. The County will distribute the draft bid documents to the members of TAC for review and comment. TAC will review and provide comments to the County about the bid documents within twenty (20) days following receipt. iii. The County will post the request for bids for a period of three weeks. Upon closure, the County shall compile and forward all bids to TAC for review and consideration. iv. TAC will collectively determine whether or not to award the contract to the lowest qualified bidder within ten (10) days following the closing day for submittal of bid opening. The County will formally award the job to such contractor (“Construction Contractor”) consistent with existing County processes, and prepare a contract for the work. v. The construction contract will be submitted to the Federal Emergency Management Agency (FEMA), the Federal Highway Administration (FHWA), the Natural Resources Conservation Service (NRCS), and/or the State of Colorado for review of anticipated reimbursement to each Party. The County will make adjustments to the design as requested by the Parties to address the reimbursement requirements of the Federal agencies noted above. vi. The County shall forward a draft construction contract, along with a draft Exhibit B outlining the specific services to be provided and providing the updated percentage of administrative responsibility levels and actual construction costs of each Party for the Fish Creek Project, to TAC for review and approval. Upon approval by TAC, the County will present the contact to the General Contractor for execution. The County will execute the construction contract on behalf and for the benefit of all the Parties. b. AREAS OF RESPONSIBILITY i. To the extent necessary, the Parties agree to adjust the cost of responsibility established in Section III(b)(ii) to the actual costs agreed upon by all Parties and formalized in Exhibit B. c. PAYMENT TERMS i. The contract with the General Contractor shall provide that invoices submitted to the County will require payment within 60 days of receipt. Upon receipt by the County, the County will distribute the detailed invoice to the other Parties through their respective TAC representatives. 2.6.14 Draft ii. Within 30 days of receiving an invoice, each party shall submit payment to the County in an amount equal to its actual cost of responsibility as established in Exhibit B . Following receipt of these payments from the Parties, the County will pay the invoice in full. If any Party fails to submit its payment, the County shall immediately notify all Parties and convene a meeting of the TAC to resolve the non-payment. iii. The Parties will be seeking reimbursement from the Federal Emergency Management Agency (FEMA), the Federal Highway Administration (FHWA), the Natural Resources Conservation Service (NRCS), and/or the State of Colorado as authorized pursuant to the above referenced disaster declarations. Each Party is responsible for submitting and processing any such claims it may have with these federal and state entities. The Parties agree that any disaster relief funds collected by any Party shall be the sole responsibility and shall be solely accounted for by the receiving entity. iv. The County will provide a detailed cost breakdown for work completed by the General Contractor and other costs for use with each Party’s reimbursement submittal with each invoice. v. The Parties agree to the dispute resolution procedures in Section II.c. of this Agreement if any Party fails to pay. V. LIABILITY OF PARTIES a. Each Party, on behalf of itself, its officers, directors, members, employees, agents, and representatives, agrees it will be responsible for any claims, damages or liabilities caused by such Party’s wrongful or negligent acts. b. The Parties mutually release and waive all claims against the other for compensation for any loss, cost, damage, expense, personal injury, death, claim, or other liability arising out of the performance of this Agreement except as expressly stated in payment provisions set forth in Sections III(c) and IV(c) herein. c. Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act (“CGIA”), CRS §24-10-101, et seq., or the Federal Tort Claims Act (“FTCA”) 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Intergovernmental Agreement. 2.6.14 Draft d. Any contract documents shall require adequate insurance and bonds, if applicable, to be maintained by the consultant(s) and contractor(s) performing the work related to the Fish Creek Project. The Parties shall look to the contractor(s) and consultant(s) to defend and indemnity each and all of the Parties against any claim, loss, suit or damage caused by the work performed pursuant to their respective contract. VI. MISCELLANEOUS PROVISIONS a. This Agreement shall remain in effect until all Phase I and Phase II work is completed and obligations of the Parties are complete. This Agreement shall be effective on the date first written above. The Parties acknowledge that time is of the essence in this and all related contracts to complete the Fish Creek Project for the benefit of the Parties, the inhabitants and visitors to the areas impacted by the 2013 Flood. To the extent dispute resolution may be required by any provision in this Agreement, the Parties agree to the most efficient means to resolve such dispute, including injunctive and other temporary relief. b. This Agreement is the complete integration of all understandings between the Parties. Modifications may be proposed by any party and shall become effective upon written approval by all Parties. c. This Agreement shall be interpreted, construed and governed by the laws of Colorado and such laws of the United States as may be applicable. In the event of any litigation over the interpretation or application of any of the terms or provisions of this Agreement, the Parties agree that litigation shall be conducted in the State of Colorado and venue will be in Larimer County. d. If any provision of this Agreement is held invalid, the other provisions shall not be affected thereby. e. In performing any work or assistance under this Agreement, the Parties and their respective agents, employees, and volunteers, are acting as separate entities. f. All financial obligations of the Parties beyond the current fiscal year are subject to funds being budgeted and appropriated. Nothing herein shall be construed as the creation of a multiple fiscal year obligation of any Party to this Agreement. In the event of non-appropriation of funds, the Parties agree to allocate the completed work to be paid by the non-appropriating Party, which shall include all hard costs and administrative costs up to and including the date of non-appropriation of additional funds, along with any necessary costs to discontinue the non- appropriating Party’s portion of any work yet to be completed pursuant to Phase II of the Agreement. g. No party may assign the responsibilities or benefits of this Agreement to any other person or entity without prior written consent from all Parties. 2.6.14 Draft VII. AUTHORIZING SIGNATURES Board of County Commissioners of Larimer County By: Dated: Board Chair ATTEST: Town of Estes Park By: Dated: ATTEST: Upper Thompson Sanitation District By: Dated: ATTEST: Estes Valley Recreation and Park District By: Dated: ATTEST: COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Greg White, Town Attorney David Shirk, Senior Planner Date: January 14, 2014 RE: APPEAL THE APPROVAL OF THE STANLEY PAVILION BY THE TECHNICAL REVIEW COMMITTEE Objective: Determine if the Stanley Historic District Technical Review Committee erred in finding the proposed use (wedding pavilion/outdoor amphitheater/corporate retreat) complies with the Master Plan for the Stanley Historic District as an ancillary use to the Stanley Hotel. Present Situation: In 1994, the Board of Trustees of the Town of Estes Park approved the Development Agreement between the Town and Stanley Hotels Ltd. This agreement is codified in Section 17.44.080 of the EPMC. This incorporated the Stanley Historic District Master Plan as the regulatory document for Lot 1 of the Stanley Historic District. On September 10 2013, the Technical Review Committee (TRC) issued findings and conditions of approval for the Stanley Hotel Event Venue preliminary package. These findings and conditions followed a September 3 public hearing in which the preliminary package was discussed. The applicant has not yet submitted application for final approval, which is required before a building permit can be issued. Finding two specifies “the Stanley Pavilion Project use on Parcel 1 of the Stanley Historic District of an outdoor amphitheater, corporate retreat, and wedding pavilion complies with the Master Plan for the Stanley Historic District as an ancillary use to the Stanley Hotel.” Appeal Process: Section I.C.1.b of the Master Plan specifies “the decision of the Technical Review Committee may be appealed to the Town Board of Trustees.” There are no other references to appeal process in the Master Plan or Development Agreement. Sample Motion: I move to uphold/overturn the TRC finding that the proposed use (wedding pavilion/outdoor amphitheater/corporate retreat) complies with the Master Plan for the Stanley Historic District as an ancillary use to the Stanley Hotel. Attachments:  September 26, 2013 letter from Fairfield and Woods  February 6, 2013 letter from Community Development Department TOWN BOARD MEETING February 11, 2014 Action Item #1. Appeal the Approval of The Stanley Pavilion by the Technical Review Committee. Documents handed out previously by other parties will not be included in this packet. If you would like a copy of those documents please contact the Town Clerk’s Office. TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: February 11th, 2014 RE: A RESOLUTION SUPPORTING THE FORMATION OF A COLORADO CREATIVE DISTRICT WITHIN THE ESTES VALLEY IN ORDER TO ENHANCE ECONOMIC DEVELOPMENT AND CREATIVE INDUSTRY EMPLOYMENT. Objective: For the Board of Trustees to adopt a resolution voicing the Town’s support for the formation of a Creative Arts District in the Estes Valley Present Situation: In 2011 the Colorado Legislature passed HB11-1031, which encourages the formation of Colorado Creative Districts in communities, neighborhoods, or contiguous geographic areas. From its early pioneer days Estes Park and its scenic beauty has been a magnet for artists. They included German painter Albert Bierstadt and William Henry Jackson, America's premier western photographer, as well as such well-known Colorado landscape painters as Helen Henderson Chain and Charles Partridge Adams. The formation of a Colorado Creative District can enhance the lives of Town residents and guests and positively impact the Town’s economy by focusing on co-locating arts and culture- related businesses and organizations within a defined area of the Town, generating additional jobs and revenue within the Town The location of arts and culture-related businesses and organizations within a Creative District encourages the growth of creative industries, as well as complementary businesses, stimulating an increase in the overall economic activity and more effectively promotes the common interests within the District and other neighboring areas. Designation as a Creative Arts District is a competitive process and the next round of applications to the State of Colorado is due March 3rd, 2014. This resolution will be an important part of the application package being submitted by the Creative Arts group. Proposal (including budget if applicable): That the Board of Trustees show their support for the application for designation as a Creative Arts District by adopting the resolution. No Town money is being requested in either the formation or operation of a Creative Arts District Advantages:  Creative Arts is an important industry cluster for Estes Park and has strong potential for growth.  Designation as a Creative Arts District will make the area eligible for other types of assistance and marketing.  Many local artists and performers will benefit from this designation Disadvantages:  none Requested Action and Sample Motion: I move for the approval/denial the RESOLUTION SUPPORTING THE FORMATION OF A COLORADO CREATIVE DISTRICT WITHIN THE ESTES VALLEY IN ORDER TO ENHANCE ECONOMIC DEVELOPMENT AND CREATIVE INDUSTRY EMPLOYMENT. Level of Public Interest high RESOLUTION NO. _____    A RESOLUTION SUPPORTING THE FORMATION OF A COLORADO CREATIVE DISTRICT WITHIN  THE ESTES VALLEY IN ORDER TO ENHANCE ECONOMIC DEVELOPMENT AND CREATIVE  INDUSTRY EMPLOYMENT.     WHEREAS, in 2011 the Colorado Legislature passed HB11‐1031, which encourages the  formation of Colorado Creative Districts in communities, neighborhoods, or contiguous  geographic areas: and    WHEREAS, from its early pioneer days Estes Park and its scenic beauty has been a  magnet for artists.   They included German painter Albert Bierstadt and William Henry Jackson,  America's premier western photographer, as well as such well‐known Colorado landscape  painters as Helen Henderson Chain and Charles Partridge Adams; and      WHEREAS, the Board of Trustees desires to promote arts and culture in the Estes Valley  through the facilitation of an environment, where artists are encouraged to live and work,  thereby positively influencing the lives of Estes Park residents and guests, and enhancing the  Town’s economy through the co‐location of arts and creative businesses;      BE IT RESOLVED BY THE TOWN BOARD OF ESTES PARK, that:      The Town Board recognizes that arts and culture‐related businesses and organizations add to  the economic diversity of the Town and are critical to the Town’s future economic success; and    The formation of a Colorado Creative District enhances the lives of Town residents and guests  and positively impacts the Town’s economy by focusing on co‐locating arts and culture‐related  businesses and organizations within a defined area of the Town that generates additional jobs  and revenue within the Town; and    The location of arts and culture‐related businesses and organizations within a Creative District  encourages the growth of creative industries, as well as complementary businesses, stimulating  an increase in the overall economic activity and more effectively promotes the common  interests within the District and other neighboring areas.                  NOW THEREFORE, Town Board hereby supports and endorses the formation of a Colorado  Creative District within the Estes Valley in accordance with the provisions on HB11‐1031.    APPROVED THIS 11TH DAY OF FEBRUARY, 2011        ______________________  William Pinkham  Mayor      ATTEST:                                                                                           >>SEAL<<        _______________________  Town Clerk  TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: February 11th, 2014 RE: ORDINANCE #03-14 SUBMITTING BALLOT ISSUE 1A TO THE REGISTERED VOTERS OF THE TOWN OF ESTES PARK ON THE APRIL 1, 2014 BALLOT TO INCREASE THE TOWN OF ESTES PARK SALES TAX BY 1% FOR TEN YEARS FOR ROADWAY IMPROVEMENTS, PUBLIC TRAILS, SENIOR CENTER/COMMUNITY RECREATION CENTER, AND EMERGENCY RESPONSE PROJECTS. Objective: To place a ballot issue before the voters of the Town of Estes Park to fund roadway improvements, public trails, senior center/community recreation center, and emergency response projects. Present Situation: With extensive input from the public, the Town Board has determine there is a gap existing between the need and current available funding. Based on this public input, the Board of Trustees developed a community improvement package to invest in these public infrastructure projects. The package proposes a 1% additional sales tax, for a period limited to 10 years in the following dedicated proportions:  60% to Roadway maintenance and improvements  25% to Senior Center improvements as part of a Community Recreation Center or directly to Senior Center/Museum improvements should the Community Recreation Center not be built.  12.5% to public trails in the Estes Valley  2.5% to emergency response projects. Proposal (including budget if applicable): Propose that the Board submit Ballot issue 1A to the registered voters of the Town of Estes Park at the municipal elections scheduled for April 1, 2014 Advantages:  This will address public infrastructure needs that have been identified by the community  The tax is very specific to its uses and is limited, by law, to ten years.  A sales tax allows for visitors to Estes Park to share in the cost of these improvements that will be used by visitors and residents alike  Addressing these infrastructure needs is critical to maintaining the economic health and future of Estes Park. Disadvantages:  Sales tax will increase by 1%  Ballot language is very specific and limits the use of the additional revenue to very specific uses.  Funding as proposed is only partial funding required for the Community Recreation/Senior Center and for trail improvements, necessitating the community find grants and other funding sources to complete these projects. Requested Action and Sample Motion: I move for the approval/denial of ORDINANCE #03-14 SUBMITTING BALLOT ISSUE 1A TO THE REGISTERED VOTERS OF THE TOWN OF ESTES PARK ON THE APRIL 1, 2014 BALLOT TO INCREASE THE TOWN OF ESTES PARK SALES TAX BY 1% FOR TEN YEARS FOR ROADWAY IMPROVEMENTS, PUBLIC TRAILS, SENIOR CENTER/COMMUNITY RECREATION CENTER, AND EMERGENCY RESPONSE PROJECTS. Level of Public Interest Very high Note – Any item requiring a change to the Municipal Code, Development Code or any other action requiring an Ordinance to be passed by the Town Board is required to have the Ordinance included.   DRAFT #4, 02/04/14  ORDINANCE NO. 03-14 AN ORDINANCE INCREASING THE TOWN OF ESTES PARK’S SALES TAX RATE FROM FOUR PERCENT TO FIVE PERCENT FOR A PERIOD OF TEN (10) YEARS, WITH THE REVENUES FROM SUCH INCREASE TO BE USED TO FUND STREETS, PUBLIC TRAILS, SENIOR CENTER/COMMUNITY RECREATION CENTER, AND EMERGENCY RESPONSE PROJECTS, AND PROVIDING FOR THE SUBMISSION OF THE SALES TAX RATE INCREASE TO A VOTE OF THE REGISTERED ELECTORS AT THE MUNICIPAL ELECTION TO BE HELD APRIL 1ST, 2014 WHEREAS, the Town of Estes Park (the “Town”), is a Colorado statutory town duly organized and existing under laws of the State of Colorado; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer’s Bill of Rights (“TABOR”) requires voter approval of any increase in any tax rate and the spending of certain funds above limits established by TABOR; and WHEREAS, the Town’s regular municipal election will be on April 1, 2014; and WHEREAS, April 1, 2014, is one of the election dates at which TABOR ballot issues may be submitted to the registered electors of the Town; and WHEREAS, the Town Board of Trustees is of the opinion that it should refer to the voters at the April 1, 2014 election a TABOR ballot issue concerning the imposition of an additional municipal sales tax of one percent (1.0%) commencing July 1, 2014, and expiring on June 30, 2024, for the purposes specified in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Section 3.08.160 of the Estes Park Municipal Code, regarding the imposition and rate of the Town’s sales tax, is hereby amended to read as follows: 3.08.160 Imposition; rate. There is imposed on the sale of tangible personal property and the furnishing of certain services, as specified in Section 3.08.170, a sales tax of five percent (5%) upon the sale at retail of tangible personal property and the furnishing of certain services as provided herein. The imposition of the tax on the sale at retail of tangible personal property and the furnishing of certain services subject to this   DRAFT #4, 02/04/14  tax shall be in accordance with the schedule set forth in the rules and regulations of the State Department of Revenue or by separate ordinance of the Town. Section 2. Section 3.08.144 of the Estes Park Municipal Code, regarding the credit for sales or use taxes previously paid to another municipality, is hereby amended to read as follows: 3.08.144 Credit for sales or use taxes previously paid to another municipality. The Town’s sales tax shall not apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or customer by another statutory or home rule municipality equal to or in excess of the sales tax rate imposed in Section 3.08.160 of this Chapter. A credit shall be granted against the Town’s sales tax with respect to such transaction equal in the amount to the lawfully imposed local sales or use tax previously paid by the purchaser or customer to the previous statutory or home rule municipality. The amount of the credit shall not exceed the sales tax rate imposed in Section 3.08.160 of this Chapter. Section 3. Section 3.08.170 of the Estes Park Municipal Code is hereby amended to read as follows: 3.08.170 Property and services taxed. There is levied and shall be collected a sales tax in the amount as provided in this Chapter, upon the sale at retail of tangible personal property and services taxable pursuant to Section 39-26-104 C.R.S., subject to the same exemptions as those specified in Part 7 of Article 26 of Title 39 C.R.S. Section 4. Revenues from the increase of one percent of the Town’s sales tax approved by the registered electors of the Town at the April 1, 2014 election shall be used exclusively for the purposes and the percentages set forth in the ballot question for such tax increase. The increase of sales tax from four percent (4%) to five percent (5%) shall be effective on July 1, 2014 and shall terminate on June 30, 2024. On July 1, 2024, the sales tax shall revert to four percent (4%). Section 5. Total Town tax revenues are estimated to increase by approximately $2,000,000 in 2015, the first full year in which the sales tax provided for in this Ordinance is in effect. However, the revenues from said sales tax increase may be collected, retained and spent regardless of whether said revenues, in any year in which said sales tax is in effect, exceed the estimated dollar amount stated above, and without any other limitation or condition, and without limiting the collection or spending of any other revenues or funds by the Town of Estes Park, under Article X, Section 20 of the Colorado Constitution or any other law.   DRAFT #4, 02/04/14  Section 6. Sections 1, 2, 3, 4 and 5 of this Ordinance shall not take effect unless and until a majority of the registered voters voting at the municipal election on April 1, 2014 vote “yes” in response to the following ballot title, which title is hereby referred to the ballot at said election: BALLOT ISSUE 03-14 SHALL THE TOWN OF ESTES PARK TAXES BE INCREASED $2 MILLION (FIRST FULL FISCAL YEAR INCREASE) ANNUALLY AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY THE INCREASE TO THE TOWN’S SALES TAX RATE OF 1.0 PERCENT (4.0% TO 5.0%) EFFECTIVE JULY 1, 2014, THROUGH JUNE 30, 2024, TO PROVIDE REVENUE FOR AND SPENT ON THE FOLLOWING ITEMS: (1) SIXTY PERCENT (60%) FOR THE CONSTRUCTION, REPAIR, REPLACEMENT, REHABILITATION AND RENOVATION OF STREETS WITHIN THE TOWN OF ESTES PARK. (2) TWELVE AND ONE HALF PERCENT (12.5%) FOR THE CONSTRUCTION AND EXPANSION OF PUBLIC TRAILS WITHIN THE ESTES VALLEY PLANNING AREA. (3) TWENTY-FIVE PERCENT (25%) FOR THE CONSTRUCTION OF A COMMUNITY RECREATION CENTER, INCLUDING FACILITIES FOR THE ESTES PARK SENIOR CENTER. IF CONSTRUCTION OF A SENIOR CENTER/COMMUNITY RECREATION CENTER HAS NOT BEGUN BY JANUARY 1, 2016, THE FUNDS SHALL BE USED FOR EXPANSION AND CONSTRUCTION OF THE ESTES PARK SENIOR CENTER AND ESTES PARK MUSEUM FACILITIES. (4) TWO AND ONE HALF PERCENT (2.5%) FOR CAPITAL ACQUISTIONS ASSOCIATED WITH EMERGENCY RESPONSE CAPABILITIES OF THE TOWN, SUCH AS EMERGENCY PUBLIC RADIO AND EMERGENCY OPERATIONS CENTER EQUIPMENT AND ASSOCIATED COSTS. AND SHALL SUCH TAX REVENUES BE COLLECTED, RETAINED AND SPENT AS A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES ____ NO ____ Section 7. If any portion of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Board of Trustees and the registered voters of the Town hereby declare that   DRAFT #4, 02/04/14  they would have passed and approved this Ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 8. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 9. The Board of Trustees hereby finds, determines and declares this Ordinance is necessary for the immediate preservation of the health, safety and welfare of the Town and its citizens in order to place this Ballot Question on the April 1, 2014, municipal election ballot, and therefore this Ordinance shall take effect immediately upon its passage, and signature of the Mayor. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this _______ day of ______________, 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the _______ day of ___________, 2014, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ____ day of ____________, 2014. _____________________________ Town Clerk Resolution No. 05-14 Sale of Lot 4, Stanley Historic District Town Attorney Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Greg White, Town Attorney Date: February 6, 2014 RE: Resolution No. 05-14 Sale of Lot 4, Stanley Historic District Objective: Place ballot for the April 1, 2014 regular election, the ballot question for voter approval of the Contract To Buy and Sell Real Estate between the Town, as Seller, and Grand Heritage Hotel Group, LLC, as Buyer dated January 10, 2014. Present Situation: On January 6, 2014, the Town Board approved the Contract To Buy and Sell Real Estate between the Town and the Buyer for the purchase of Lot 4, Stanley Historic District Subdivision. The Contract was signed by both parties on January 10, 2014. Section 17.44.090 of the Municipal Code requires as follows: “Before any sale of any property owned by the Town of Estes Park within the Stanley Historic District, the question of such sale and the terms and consideration thereof shall be submitted and approved at a regular or special election” Resolution No. 05-14 sets the language for the ballot question and refers the ballot question to the regular municipal election on April 1, 2014. A contingency of the Contract is voter approval of the terms and consideration of the Contract. Proposal: Resolution No. 05-14 refers the ballot question to the voters at the April 1, 2014 regular municipal election. Advantages:  Voter approval of the terms and consideration of the Contract dated January 10, 2014 is required prior to closing of the sale of Lot 4 to the Buyer. Disadvantages: None Intergovernmental Agreement for Repair of the Fish Creek Corridor 2 Action Recommended: Approve Resolution No. 05-14. Budget: The 2014 regular municipal election cost was included within the 2014 Budget. Level of Public Interest High. Sample Motion: I move to approve/not approve Resolution No. 05-14. BALLOT QUESTION 1B Shall the Town of Estes Park (“Town”) sell Lot 4, Plat of Lots 3 through 9, Stanley Historic District Subdivision, Town of Estes Park, Colorado (“Lot 4”), to Grand Heritage Hotel Company, LLC (“Buyer”), pursuant to the terms and consideration of the Contract to Buy and Sell Real Estate dated January 10, 2014 (“Contract”), a complete copy of which is on file with the Town Clerk. Major terms and consideration of the Contract are as follows: Purchase Price: $1,650,000, payable as follows: (1) $1,000,000 by Buyer at closing on the purchase of Lot 4 (“Closing”); and (2) Execution of a Promissory Note by the Buyer in the amount of $650,000 due and payable two (2) years after Closing with default interest of 8%; and (3) $325,000 of the Promissory Note will be waived by the Town if the Park Hospital District has been issued a building permit by the Town for construction of the EPMC/Anschutz Wellness Training Center within two (2) years of Closing on that portion of Lot 4 to be leased to the Park Hospital District (“Lease Area”). Development of Lot 4: Following Closing, development of Lot 4 is limited to: (i) the EPMC/Anschutz Wellness Training Center, together with all uses ancillary thereto; and (ii) an accommodations use, together with all uses ancillary thereto, including without limitation, staff physician lodging for the EPMC/Anschutz Wellness Training Center (the “Project”). Use Covenant: Town shall, prior to the recording of the special warranty deed conveying Lot 4 from the Town to Buyer, record a Covenant restricting use of the Lease Area to either the EPMC/Anschutz Wellness Training Center, as defined in Section 2(d) of the Contract, or open space. Miscellaneous Terms: There are additional miscellaneous terms in the Contract including payment of earnest money, contingencies to Closing (final approval of Project land use applications and certain code amendments), and the execution of a lease with Park Hospital District for the Wellness Center. _____ YES _____ NO RESOLUTION NO. 05-14 WHEREAS, on January 6, 2014, the Town Board of Trustees approved a Contract to Buy and Sell Real Estate for the sale of Lot 4, Plat of Lots 3, 4, 5, 6, 7, 8 and 9, Stanley Historic District Subdivision, Town of Estes Park, State of Colorado; and WHEREAS, Section 17.44.090 of the Municipal Code requires as follows: “Before any sale of any property owned by the Town of Estes Park within the Stanley Historic District, the question of such sale and the terms and consideration thereof shall be submitted and approved at a regular or special election” ; and WHEREAS, the regular municipal election will be held on April 1, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: 1. The following ballot question shall be placed on the ballot for the regular municipal election on April 1, 2014: BALLOT QUESTION 1B Shall the Town of Estes Park (“Town”) sell Lot 4, Plat of Lots 3 through 9, Stanley Historic District Subdivision, Town of Estes Park, Colorado (“Lot 4”), to Grand Heritage Hotel Company, LLC (“Buyer”), pursuant to the terms and consideration of the Contract to Buy and Sell Real Estate dated January 10, 2014 (“Contract”), a complete copy of which is on file with the Town Clerk. Major terms and consideration of the Contract are as follows: Purchase Price: $1,650,000, payable as follows: (1) $1,000,000 by Buyer at closing on the purchase of Lot 4 (“Closing”); and (2) Execution of a Promissory Note by the Buyer in the amount of $650,000 due and payable two (2) years after Closing with default interest of 8%; and (3) $325,000 of the Promissory Note will be waived by the Town if the Park Hospital District has been issued a building permit by the Town for construction of the EPMC/Anschutz Wellness Training Center within two (2) years of Closing on that portion of Lot 4 to be leased to the Park Hospital District (“Lease Area”). Development of Lot 4: Following Closing, development of Lot 4 is limited to: (i) the EPMC/Anschutz Wellness Training Center, together with all uses ancillary thereto; and (ii) an accommodations use, together with all uses ancillary thereto, including without limitation, staff physician lodging for the EPMC/Anschutz Wellness Training Center (the “Project”). Use Covenant: Town shall, prior to the recording of the special warranty deed conveying Lot 4 from the Town to Buyer, record a Covenant restricting use of the Lease Area to either the EPMC/Anschutz Wellness Training Center, as defined in Section 2(d) of the Contract, or open space. Miscellaneous Terms: There are additional miscellaneous terms in the Contract including payment of earnest money, contingencies to Closing (final approval of Project land use applications and certain code amendments), and the execution of a lease with Park Hospital District for the Wellness Center. _____ YES _____ NO DATED this 11th day of February, 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: February 7, 2014 RE: Ordinance 04-14 - Initiated Ordinance Petition Requiring a Conservation Easement on Lot 4, Stanley Historic District Objective: To present an Initiated Ordinance filed with the Town Clerk’s Office to place a conservation easement on Lot 4, Stanley Historic District. Present Situation: On November 22, 2013, the Town Clerk received a proposed Initiated Ordinance filed by the petitioners Donald R. Sellers and Edward A. Hayek. The Initiated Ordinance Petition requested the Board of Trustees adopt an ordinance requiring a conservation easement be placed on Lot 4, Stanley Historic District, to limit the use of the property as an open, natural area, or for public recreation use. On December 6, 2013 a letter was sent to the petitioners approving the form of the petition, which allowed the petition to be circulated. Upon approval of the form of the petition, the Town Clerk contacted the Larimer County Elections Office and determined the total registered electors within Estes Park were 4,529. State statute 31-11-104 requires a petition to be signed by at least 5% of the registered electors; the total number of signatures required is 226. On December 23, 2013, the Town Clerk received 49 signed petition packets with 730 signatures. The Town Clerk reviewed each signature to verifying the registration of the individual against the voter registration list supplied to the Town by the Larimer County Clerk and Recorder. A Statement of Sufficiency was issued on January 22, 2014 certifying the petition has been signed by 5% or 226 registered voters within the Town of Estes Park. Total number of signatures entries: 730 Total number of signatures rejected: 193 Total number of signatures entries accepted: 228 Number of signature not verified 309 Number of signatures required: 226 Pursuant to 31-11-110 CRS no protest of the Initiated Ordinance petition was filed within the required timeframe. Ordinance 04-14 - Initiated Ordinance Petition Requiring a Conservation Easement on Lot 4, Stanley Historic District 2 Proposal: Within 20 days from the Statement of Sufficiency (January 22, 2014), the Board of Trustees must either: (1) adopt, without alteration, the Initiated Ordinance as proposed, Ordinance 04-14, or (2) refer the Initiated Ordinance to the registered electors of the municipality at a regular or special election on a Tuesday, held not less than 60 days and not more than 150 days after the Statement of Sufficiency by adopting Resolution 06-14 If the Town Board does not adopt the Initiated Ordinance it shall refer the proposed ordinance to the registered electors at the regular Municipal Election on April 1, 2014. Advantages: None. Disadvantages: None. Action Recommended: None. Budget: No additional cost to add the item to the regular Municipal Election ballot on April 1, 2014. Level of Public Interest: High Sample Motion: Motion #1: I move to adopt/not adopt Ordinance 04-14 requiring placement of a conservation easement on Lot 4, Stanley Historic District. Motion #2 if applicable: If the Ordinance is not adopted the following motion needs to be made. I move to approve Resolution 06-14 referring Initiated Ordinance #04-14 to the regular Municipal Election on Tuesday, April 1, 2014. Attachments: Ordinance 04-14 Resolution 06-14 ORDINANCE NO. 04-14 WHEREAS, on December 23, 2013, an Initiated Ordinance Petition was filed with the Town Clerk; and WHEREAS, on January 22, 2014, the Town Clerk issued a Statement of Sufficiency to the Town Board stating that the Initiated Ordinance Petition has the requisite number of signatures; and WHEREAS, the Board of Trustees have reviewed the Initiated Ordinance Petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: Section 1: Lot 4 of the Stanley Historic District shall be protected by a conservation easement to allow it to be used only as an open, natural area, or for public recreational use, without development or improvements other than trails for hiking, biking, horseback riding and other non-motorized use, and tables and associated shelters for picnic use. 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 , 2014. 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 , 2014 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the ________ day of , 2014, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk RESOLUTION NO. 06-14 WHEREAS, on December 23, 2013, an Initiated Ordinance Petition was filed with the Town Clerk; and WHEREAS, on January 22, 2014, the Town Clerk issued a Statement of Sufficiency to the Town Board stating that the Initiated Ordinance Petition has the requisite number of signatures; and WHEREAS, the Board of Trustees have reviewed the Initiated Ordinance Petition; and WHEREAS, following said review the Board of Trustees did not adopt the Initiated Ordinance Petition as presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: 1. Initiated Ordinance #04-14 is hereby referred to the registered electors of the Town of Estes Park, Colorado for the regular Municipal Election on April 1, 2014. 2. The Town Clerk is hereby ordered to forthwith publish the Initiated Ordinance. 3. The ballot question shall read as follows: Ballot Question 2 Shall Lot 4 of the Stanley Historic District be protected by a conservation easement to allow it to be used only as an open, natural area, or for public recreational use, without development or improvements other than trails for hiking, biking, horseback riding and other non-motorized use, and tables and associated shelters for picnic use. YES ____ NO ____ INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this _____ day of __________________, 2014 TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk FINANCE DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland, Finance Officer Date: February 11, 2014 RE: Resolution #07-14, Re-appropriation of 2013 encumbered funds “rollovers” to the 2014 Budget. Objective: The objective of this memo is to request that Town Board approve Resolution #07-14, which allows for the rollovers of certain purchase orders from the 2013 Budget to the 2014 Budget. Present Situation: Certain Town departments have entered into contracts for goods and/or services that were not fulfilled by year-end December 31, 2013. When this occurs, it becomes necessary to “roll over” expenditures from one year to the next, because in governmental accounting, expenditures are not recognized until they are incurred/received. In essence, the budgeted amounts of the rollovers are lifted from the current budget year and placed into the next budget year. Fund balance is not affected – the expenditures are merely moved. It is staff’s intention to keep rollovers to a minimum, but projects are often affected by weather, and by the availability of product/contractor. Attached is the list of those encumbrances that remain outstanding at the end of 2013. There are 39 rollover items totaling $4,728,685.42. The number of purchase orders Staff is asking to roll over is almost identical to 2012-13 (2012-13: 38, 2013-14: 39). Larger areas of rollovers for 2013-14 include: 1. Community Reinvestment Fund – related P.O.s totaling $4,021,977 (85% of rollover total). The bulk of these purchase orders involve the MPEC/Stall barn project, the Parking structure, and Elm Road mitigation. 2. Utility/IT-related P.O.s totaling $228,336. 3. Vehicle replacement – related P.O.s totaling $444,616. The vehicles were approved in the 2013 budget, but were not/will not be acquired until 2014. The General Fund rollover total of $33,757 is an all-time low. Proposal: Staff proposes acceptance/approval of Resolution #07-14, Re-appropriation of 2013 encumbered funds to the 2014 Budget. Advantages: The advantage to approving rollovers is that it allows in-progress items to be lifted from the 2013 Budget and placed into the 2014 Budget, without having to do an additional Budget amendment. Operations would then continue seamlessly. Disadvantages: Declining to move forward with rollovers would cause balances on purchase orders, which represent projects/items already in progress, to be returned to fund balance. This would cause staff to have to request re-appropriation on all active projects in the 2014 Budget or risk exceeding budget. Action Recommended: Staff recommends approval of Resolution #07-14. Budget: Departments and funds affected by rollovers are listed on “2013-14 Encumbrance list – PO Rollovers” attachment. Level of Public Interest Low to Medium. Public may have varying levels of interest in projects that are attached to proposed rollover items. As rollovers represent continuation of existing budgeted items (without alterations), Staff suspects that interest is probably low. Sample Motion: I move to approve Resolution #07-14, which re-appropriates the 2013 encumbered funds into the 2014 Budget. Attachments: 2013-14 Encumbrance list – PO Rollovers RESOLUTION NO. #07-14 A RESOLUTION RE-APPROPRIATING FUNDS ENCUMBERED IN THE TOWN OF ESTES PARK’S 2013 BUDGET TO THE 2014 BUDGET YEAR WHEREAS, the Town of Estes Park’s accounting system incorporates a purchase order system that encumbers the budget appropriation when commitments for the purchase of goods or services are made; and WHEREAS, encumbrances that were not liquidated in the fiscal year ended December 31, 2013, are reserved from the ending fund balances; and WHEREAS, the Town of Estes Park intends to appropriate funds in the budget for the fiscal year ending December 31, 2013, to satisfy the commitments for the outstanding encumbrances. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: I. The following 2014 budgets are increased for appropriations for outstanding 2013 budget encumbrances. II. TOWN OF ESTES PARK - PO ROLLOVERS FROM 2013 TO 2014 2013 2014 2014 2014 ENCUMBRANCE O&M TRANSFERS REVISED FUND (PO Rollovers) EXPENSES OUT BUDGET General $33,756.53 $10,296,797.00 $2,935,000.00 $13,265,553.53 Community Reinvestment 4,021,977.21 1,531,173.00 0.00 5,553,150.21 Light & Power 89,180.83 15,225,793.00 1,327,101.00 16,642,074.83 Water 53,990.08 4,688,348.00 180,495.00 4,922,833.08 IT 85,165.00 709,912.00 0.00 795,077.00 Vehicle Replacement 444,615.77 738,715.00 0.00 1,183,330.77 $4,728,685.42 $33,190,738.00 $4,442,596.00 $42,362,019.42   III. The ending fund balance from the fiscal year ended December 31, 2013, will be the source of funds for the budget amendments. ADOPTED this 11th day of February, 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 502PO #1300 3100 5200 204 LIGHT & 503 625 635VENDOR DESCRIPTION GENERAL TOTAL Executive Streets Parks CRF POWER WATER IT VRF1 30540 Kumar & Associates materials testing for fairgrounds site work (2012)0.00 2,488.69 2,488.692 30583 Platte River Power AuthoritySubstation maintenance/supplies0.00 41,415.83 41,415.833 30761 Carlson Electric convert overhead to underground 0.00 6,165.006,165.004 30798 Dohn Construction MPEC/Stall Barn steel shop drawings0.00 64,900.0064,900.005 30961 Dohn Construction Mechanical Design for Stall Barn 0.00 25,065.0025,065.006 31086 GE/Zenon Tech support/On‐site training0.00 12,861.0012,861.007 31148 Kumar & Associates Material testing/inspection services ‐ MPEC/S Barn 0.00 8,505.008,505.008 31182 Dohn Construction Contract for MPEC/Stall Barn 0.00 2,955,668.312,955,668.319 31235 Motorola Solutions In‐Car digital video recorder ‐ police cars 0.00 9,860.209,860.2010 31264Sungard Public SectorContested H.T.E. payments ‐ 2012/20130.00 58,000.0058,000.0011 31272 Altec Industries Bucket Truck for L&P 0.00 219,955.00219,955.0012 31305 BSK Analytical Labs UCMR 3 analysis 0.00 800.00 800.0013 31322 Kenney & Associates MPEC Site Visits/Contstruction Management0.00 10,643.32 10,643.3214 31323 Mountain Constructors Moraine Ave Pedestrian Improvements 0.00 27,637.81 27,637.8115 31407 Virtual Graffiti wireless system for public WIFI 0.00 1,315.001,315.0016 31417 4 Rivers Equipment14' ice breaker22,907.75 22,907.75 22,907.7517 31421 Walker Parking ConsultantsSurveyor work ‐ parking facility0.00 30,900.0030,900.0018 31430 Walker Parking ConsultantsDesign consulting for parking facility0.00 468,323.79468,323.7919 31436 Farnsworth Construction observation ‐ Moraine Ave 0.00 18,101.1618,101.1620 31570 Swan Analytical InstrumentsWater quality monitoring0.00 5,900.005,900.0021 31635 Cornerstone Concrete MPEC/SB civil site work0.00 260,977.91260,977.9122 31642 Ninyo & Moore Materials testing & inspections (MPEC/S Barn) 0.00 8,100.008,100.0023 31709 Recreation Plus Playground protection lost in flood 2,505.442,505.442,505.4424 31742 National Meterreplacement meter parts0.00 1,044.161,044.1625 31762 Stewart Environmental Elm road mitigation 0.00 114,893.72114,893.7226 31763 Hotline Electrical Sales Electric Meters 0.00 41,600.0041,600.0027 31796 Transwest Trucks Truck/auto replacement ‐ G‐95 0.00 138,361.00138,361.0028 31863 Drilling EngineersElm road mitigation 0.00 16,522.5016,522.5029 31864Van Horn EngineeringElm road mitigation 0.00 9,250.009,250.0030 31873 Abbey Carpet Blinds for Admin conference room 1,069.341,069.341,069.3431 31874John Deere Truck/auto replacement ‐ G‐42 0.00 20,499.9320,499.9332 31879 VideolinkBoard room controller and system upgrades0.00 25,850.0025,850.0033 31883 Spradley Barr Truck/auto replacement ‐ 9034A0.00 26,937.0026,937.0034 31884Spradley Barr Truck/auto replacement ‐ G‐500.00 26,937.0026,937.0035 31885 Motorola Solutions Radio for G‐100 purchase package 0.00 2,065.642,065.6436 31887 VideolinkAdmin conference room A/V equipment5,959.005,959.005,959.0037 31890 Signarama Bear Aware signs (donation funded) 1,315.001,315.001,315.0038 31906 Bureau of Reclamation Power interruption issues0.00 30,000.0030,000.0039 31998 Nalco Chemical Co Chemicals (zinc ortho phosphate) 0.00 3,384.92 3,384.920.00 0.0033,756.53 8,343.34 22,907.75 2,505.44 4,021,977.21 89,180.83 53,990.08 85,165.00 444,615.774,728,685.422013‐14 ENCUMBRANCE LIST ‐ PO Rollovers PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: February 11, 2014 RE: Multi-Purpose Event Center & Stall Barn Construction Update Objective: To update the Town Board and public on the progress of the MPEC and Stall Barn project at the Stanley Fairgrounds. Present Situation: There has been no change in the tough weather conditions. Both cold temperatures and high winds continue to hamper the progress of the MPEC in particular. Winter protection for the masonry is being employed for the MPEC office and lobby areas so progress can be made. The masonry is nearing completion in the front of the MPEC and after completion of this activity the structural steel in the front of the MPEC will begin. Progress continues on MPEC structural steel framing and exterior roof and siding panels as weather conditions allow. Site work is progressing on schedule. Dohn Construction has made commitments that the MPEC will be complete in late May in time for use by summer events. The MPEC topping out ceremony was delayed due to weather and staff continues to assess a possible date to reschedule. The Stall Barn mechanical, electrical and fire protection systems continue to progress and are nearing rough–in completion. The interior areas such as the restrooms, lobbies and office areas are currently being dry-walled, with interior finishes following close behind. The Stall Barn is scheduled to be complete by the end of March. Budget: Community Reinvestment Fund $5,682,050. The project remains within budget. Level of Public Interest This project has a very high level of public interest.