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HomeMy WebLinkAboutPACKET Town Board 2019-08-27The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, August 27, 2019 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated August 13, 2019 and Editor’s Note to the Town Board Minutes dated June 25, 2019 regarding Action Item 4 - Ordinance 15-19. 3.Estes Valley Planning Commission Minutes dated July 16, 2019 and Study Session Minutes dated July 16, 2019 (acknowledgment only). 4.Transportation Advisory Board Minutes dated June 19, 2019 (acknowledgment only). 5.Parks Advisory Board Minutes dated July 18, 2019 (acknowledgment only). 6.Approval of the Colorado Parks and Wildlife Recreational Trails Program Grant Agreement for Fall River Trail Construction. 7.Estes Valley Board of Adjustment Appointment of Francis (Joe) Holtzman for a term expiring February 28, 2022. 8.Ratification of the Intergovernmental Agreement with CDOT for 2019 Elkstang Bustang Service. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. BRIEFING ON LARIMER COUNTY TRANSPORTATION AND FACILITIES INITIATIVE. Manager Hoffmann & Commissioner Kefalas. The Larimer County Commissioners to brief the Town on the proposed county sales tax which will be on the November 5, 2019 ballot. Prepared 08-16-2019 *Revised 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 05-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE "PARK AND RECREATION FACILITIES" USE REVISING THE DEFINITION, REVISING THE PERMITTED USE TABLES, AND ADDING SPECIFIC USE STANDARDS. Planner Woeber. Continued from July 23, 2019. Distinguish between Public and Private Recreation Facilities, and address the Private Recreation Facilities use in Residential Zoning Districts. B.SPECIAL REVIEW, SR 19-02 ESTES PARK CHALET EVENT FACILITY, 2625 MARY'S LAKE ROAD, MARY'S LAKE LODGE HOTEL OWNERS ASSOCIATION, REPRESENTED BY ML PROPERTIES, LLC, MORGAN MULCH. Planner Woeber. Applicant requests approval of an S1 Special Review to establish an "Event Facility" use in an A (Accommodations) Zoning District. ACTION ITEMS: 1. ACCEPT DELIVERY OF THE AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDING DECEMBER 31, 2018. Director Hudson. ACM, LLP will present the audited financial statements of the Town for the year ending December 31, 2018 as presented and accepted by the Audit Committee on July 23, 2019. 2.APPOINTMENT OF ACM, LLP TO PERFORM THE AUDIT FOR YEAR ENDING ON DECEMBER 31, 2019. Director Hudson. The Town Board Audit Committee recommends appointment of ACM, LLP to conduct the financial statement audit for the year ending on December 31, 2019. ADJOURN. 2 Town of Estes Park, Larimer County, Colorado, August 13, 2019 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 13th day of August, 2019. Present: Cody Rex Walker, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Patrick Martchink Ron Norris Ken Zornes Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Dan Kramer, Town Attorney Bunny Victoria Beers, Recording Secretary Absent: Todd Jirsa, Mayor Mayor Pro Tem Walker called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. The Board read a Resolution of Respect for retiring Town Administrator Lancaster recognizing his dedication and leadership. Rocky Mountain National Park Superintendent Sidles also recognized Lancaster, and stated appreciation for his support of the Park and presented him with a Park Arrow. AGENDA APPROVAL. It was moved and seconded (Norris/Bangs) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. Frank Theis/Treasurer of the Estes Valley Watershed Coalition provided an update on the forest health project on Rams Horn Mountain involving fire mitigation and other forest health activities of approximately 200 acres. The Coalition would work with the Water Department to protect the watershed. Tom Keck/County citizen requested the Town research equipment which would conserve or store power to reduce the amount of time Police vehicles are idling. Trustee Martchink requested additional information be passed on to Fleet staff for further investigation. Fred Barber/County citizen spoke regarding “Park and Recreation Facilities” use stating the benefits of a list as long as the list is appropriate and clear. He stated uses in residential zoning districts should be limited. He reviewed a list of recommendations for residential use which included: limiting use to a single use per parcel and during daylight hours; prohibiting the use of motorized vehicles, outdoor music venues and amplified sound; and vacation home & bed and breakfast operators should only be allowed to provide services to guests. John Meissner/Town citizen responded to the previous comment stating use during daylight hours would be difficult to monitor and suggested the removal of the list pertaining to “Park and Recreation Facilities”. TOWN BOARD COMMENTS Trustee Zornes attended the Behavior Health Policy Council meeting held on August 5, 2019. He encouraged entities to apply for community grants. He stated he would attend the Open Lands Advisory Board meeting held on August 22, 2019. He stated a Demographic Profile by Headwaters Economics would be available to the public. DRAFT3 Board of Trustees – August 13, 2019 – Page 2 Trustee Norris stated the Planning Commission would meet August 20, 2019. He stated an increase in bear activity has resulted in damage to 10 homes, and 35 vehicles. He encouraged the public to lock vehicles and homes. Trustee Bangs stated Sister Cities would meet August 14, 2019. Trustee Cenac attended the August 6, 2019 Visit Estes Park Board meeting. She elaborated on the difference in tax collected by the Town and Local Marketing District (LMD) related to lodging. She stated the LMD collects lodging tax for night stays whereas the Town collects tax on the sale of food and goods. Lastly, she stated a cat tested positive for rabies in Larimer County and encouraged vaccination of pets. Trustee Martchink stated the next Parks Advisory Board meeting would be held on August 15, 2019. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated July 23, 2019 and Town Board Study Session Minutes dated July 23, 2019 and Joint Study Session Minutes dated July 29, 2019. 3.Audit Committee Meeting Minutes dated July 23, 2019. 4.Family Advisory Board Minutes dated July 17, 2019 (acknowledgment only). 5.Revised Board Policy 101, Division of Responsibilities. It was moved and seconded (Norris/Zornes) to approve the Consent Agenda, and it passed unanimously. 2.PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. ORDINANCE 21-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE (EVDC) §7.12 TO PROHIBIT GATED RESIDENTIAL COMMUNITIES IN MULTIPLE-LOT SUBDIVISIONS AND MULTI-FAMILY DEVELOPMENTS. Mayor Pro Tem Walker opened the public hearing. The EVDC has a policy priority of ensuring all development has “safe and adequate access” to paved roads, both for transportation connectivity as well as for emergency services access. The amendment would expand and clarify the policy objective, and specifically prevent the development of “gated communities” to mitigate public safety and security risks. Staff stated there is no restriction on single family dwellings. Members of the Board requested Attorney Kramer research whether the Town can require entrance to existing developments with locked entries used only for emergency services. Mayor Pro Tem Walker closed the public hearing. It was moved and seconded (Cenac/Martchink) to approve the Ordinance 21-19, and it passed unanimously. B. ORDINANCE 22-19 RIGHT-OF-WAY VACATION, PORTION OF WILDFIRE ROAD, WESTOVER CONSTRUCTION, INC., RDA ASSOCIATES LLC, CROSSROADS MINISTRY OF ESTES PARK, INC./APPLICANTS. Mayor Pro Tem Walker recused himself and Trustee Norris opened the public hearing. On May 23, 2019 the Board approved the annexation of Wildfire Homes Addition, including a portion of unimproved right-of-way. Additionally, an associated rezoning and preliminary plat was approved by the Board on July 23, 2019. Staff stated the configured right-of-way would not accommodate the proposed development. Staff requested the dedication of a redesigned right-of-way to serve future development. Planner WoeberDRAFT 4 Board of Trustees – August 13, 2019 – Page 3 made a correction to the ordinance removing Crossroads Ministry of Estes Park, Inc., as they are not an applicant of the right-of-way vacation. Trustee Cenac requested clarification on which units would be utilized for workforce housing and whether any of the condominiums would be deed restricted. The applicant was available for questions clarifying which units would be utilized for workforce housing and stated although the property is eligible for double density the development as designed would not meet maximum density. Ann Schonlau/Town citizen requested clarification regarding the use of a second entrance and concern the development would increase access through the road which has been developed for emergency access only. Dennis Sohocki/Town citizen suggested neighborhood notification occur more publicly in the future. The Board requested clarification on the second entrance to which the developer responded there is no full service secondary entrance to the property with no intentions to change. Trustee Norris closed the public hearing. It was moved and seconded (Martchink/Cenac) to approve Ordinance 22-19 with the removal of Crossroads Ministry Inc., as an applicant, and it passed with Mayor Pro Tem Walker recusing himself. C.FINAL PLAT, WILDFIRE HOMES SUBDIVISION, WILDFIRE ROAD, WESTOVER CONSTRUCTION, INC., RDA ASSOCIATES LLC, CROSSROADS MINISTRY OF ESTES OARK, INC./APPLICANTS. Mayor Pro Tem Walker recused himself and Trustee Norris opened the public hearing. Planner Woeber stated the property is 16.082 acres consisting of four separate parcels. The applicant requested approval of a Final Plat to subdivide four parcels into two blocks with 43 total lots. 14 lots would be for detached single-family homes, 26 lots for townhomes, two lots for condominium projects and one lot dedicated for office use benefiting Crossroads Ministry. Also included are ten outlots dedicated for open space, utilities, access, and drainage. The Final plat delineates the lot lines and easements. The 26 individual townhome lots may be constructed on smaller lots subject to approval. Trustee Norris closed the public hearing. Staff reviewed development process and timeline with the Board. Neighbors voiced concern the development would create a secondary entrance through the emergency entrance creating an additional road and increase neighborhood traffic. Trustee Norris questioned whether the road use would require Board action. Diane Diester/Town citizen requested further clarification on areas outlined in the Final Plat. It was moved and seconded (Bangs/Martchink) to approve the Final Plat according to stipulations as outlined in the staff report, Wildfire Homes Subdivision, and it passed with Mayor Pro Tem Walker recusing himself. 3.ACTION ITEMS: 1.2020 STRATEGIC PLAN. The Plan guides the Board and staff in setting priorities for actions and would be used in preparation of the 2020 Budget. The Board held several meetings in 2019 to discuss and update the 2020 Strategic Plan. The Plan is organized around “Key Outcome Areas” which specify the various general areas of Town activities, and the Board’s Vision, or “Outcome” in each area. The plan additionally included Capital Projects and Strategic Policy Statements. The statements specify the general Key Outcome statement, and provides additional clarification and guidance for Town staff. Administrator Lancaster reviewed the eight goals and the new Strategic Policy Statements which clarify outcome areas and those goals John Meissner/Town citizen stated the Strategic Plan is important, however the Town Mission includes working toward a year-round economy which is difficult due to weather. He requested the Board continue to pursue establishing a community college in Estes Park to increase a young population. TownDRAFT 5 Board of Trustees – August 13, 2019 – Page 4 Administrator Lancaster stated the Town would continue pursing engagements with the University of Northern Colorado particularly regarding their Tourism program. It was moved and seconded (Zornes/Norris) to approve the 2020 Strategic Plan as presented, and it passed unanimously. 4. REPORT & DISCUSSION ITEMS: 1.QUARTERLY BROADBAND UPDATE. Manager Swoboda presented a 2nd quarter report for the 2019 broadband project stating the schedule and budget are on target. Staff has received positive feedback from the two pilot customers regarding reliability and quality of internet service. Highlights on construction status included: 19,000 linear feet of fiber installed and ready to serve 168 residential units on Raven Circle; the completion of easements/land use documentation; presentations to Ranch Meadows HOAs, and 12,000 linear feet of fiber conduit completed in Carriage Hills with construction of phase I occurring October through December 2019. Customers were encouraged to sign-up for the latest news through the local web page. Staff anticipates a launch date of September 25, 2019. Whereupon Mayor Pro Tem Walker adjourned the meeting at 8:23 p.m. Cody Rex Walker, Mayor Pro Tem Bunny Victoria Beers, Recording Secretary DRAFT6 Town of Estes Park, Larimer County, Colorado, June 25, 2019 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 25th day of June, 2019. Present: Todd Jirsa, Mayor Cody Rex Walker, Mayor Pro Tem Trustees Carlie Bangs Marie Cenac Patrick Martchink Ron Norris Ken Zornes Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Bunny Victoria Beers, Recording Secretary Absent: None Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Norris/Bangs) to approve the Agenda moving Action Item 6 after the Consent Agenda, and it passed unanimously. PUBLIC COMMENTS. Ingrid Bush/Owner of The Barrel provided the Board with a history of the concerns by neighbors on Davis Hill regarding noise complaints from events at the establishment. She stated neighbors have not been respectful and have interfered with business operations. She requested the Board review the occurrences at the location. The Mayor requested staff provide additional information regarding the occurrences at the location to the Board for review. TOWN BOARD COMMENTS Trustee Zornes stated the Open Lands Advisory Board meeting would be held on June 27, 2019. The Trustee chat which was held on June 19, had 19 attendees. He also attended the Estes Valley Land Trust breakfast on June 22, 2019 with Trustee Martchink. Additionally, he attended the area amateur radio club meeting adding the group were very instrumental during the 2013 flood and deserved recognition for their efforts. Trustee Norris stated he attended the Colorado Municipal League conference in Breckenridge where discussions included renewable energy, workforce housing and the upcoming AARP National Conference which would be held in Denver November 2019. Trustee Cenac attended the Ashley Doolittle Memorial Horse and Ranch Horse Show and stated the Rodeo would be held on July 8-13, 2019 with the parade taking place on July 9th at 10:30 a.m. TOWN ADMINISTRATOR REPORT. Administrator Lancaster provided an update to the Town Board on the Strategic Plan. He stated the goal to revisit revisions and updates to the Stanley Historic District overlay zone is on hold due to the anticipated application for the Film Center. Implementation of the Downtown Wayfinding signs is behind schedule due to street and trail workload. He reviewed items which were not funded in the 2019 budget and would be removed from the plan. The review of the Town’s policy on marijuana sales would be removed from the plan due to the circulating marijuana petition. The adoption of an Annexation policy would 7 Board of Trustees – June 25, 2019 – Page 2 be placed on hold until the Joint meeting of the Town Board and County Commissioners in July 2019. 1. CONSENT AGENDA: 1.Bills. 2.Town Board Minutes dated June 11, 2019 and Town Board Study Session Minutes dated June 11, 2019. 3.Estes Valley Planning Commission Meeting minutes dated May 21, 2019 and Study Session minutes dated May 21, 2019 (acknowledgment only). 4.Transportation Advisory Board Minutes dated May 15, 2019 (acknowledgment only). 5.Parks Advisory Board Minutes dated May 16, 2019 (acknowledgment only). 6.Addendum to Professional Services Contract for an optional transition of FullStack staff to Town staff with Cramer Development Inc. dba FullStack. 7.Addendum to Professional Services Contract for an optional transition of eStraegy3 staff to Town staff with eStrategy3, LLC. 8.Broadband agreement for cloud-based telephone services with Alianza Inc. as budgeted within Broadband. 9.Professional Services Contract with Ridgesight, LLC for project management and various technical services as budgeted within Broadband. 10. Resolution 15-19 to support the grant application for a Great Outdoors Colorado Connect Initiative to construct a phase of the Fall River Trail Extension project. 11. Resolution 16-19 Setting the Public Hearing date of July 9, 2019 for a New Lodging & Entertainment Liquor License filed by CS & CS LLC, dba Coffee on the Rocks, 510 Moraine Avenue, Estes Park, CO 80517. 12. Revised Policy 650 - Town Investment. It was moved and seconded (Walker/Cenac) to approve the Consent Agenda, and it passed unanimously. 3.PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A.SUPPLEMENTAL CONDOMINIUM MAP #8, SUNDANCE CONDOMINIUMS, 1400 SIERRA SAGE LANE, KINLEY INVESTMENT, NATHAN KINLEY, OWNER/APPLICANT. It was moved and seconded (Norris/Martchink) to continue the Supplemental Condominium Map #8, Sundance Condominiums, to July 23, 2019, and it passed unanimously. 2. ACTION ITEMS: A.PRELIMINARY PLAT, GRADY MINOR SUBDIVISION, 625 W. ELKHORN AVENUE, PANORAMIC ESTES, LLC/OWNER. Planner Woeber stated the project is located north of West Elkhorn Avenue, east of James Street, and west of Far View Drive within Town limits. The request would subdivide one parcel approximately 2.29 acres into two lots. The property is zoned E-1 Estate with a one-acre minimum lot size and is developed with two single family homes and a detached garage. He stated the subdivision process was never finalized and recorded due to the owner passing prior to completing the process. Staff recommended the approval of the Grady Minor Subdivision. Mayor Jirsa closed the public hearing. It was moved and seconded (Martchink/Zornes) to approve the preliminary plat as presented. 8 Board of Trustees – June 25, 2019 – Page 3 B. ORDINANCE 09-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE SECTIONS 9.2 AND 9.3 TO REMOVE RESTRICTIONS THAT LIMIT PLANNED UNIT DEVELOPMENTS (PUDS) TO THE CO (OUTLYING COMMERCIAL) ZONING DISTRICTS. Planner Woeber stated during the May 14, 2019, meeting the Board requested staff provide more information regarding the restrictions limiting PUD’s. He stated the use is a regulatory tool which can be used for creative development. Current PUD regulations are not useful and are rarely utilized. The change would allow PUD’s in all zoning districts within the development area. Motivation by staff to move forward was due to conversations initiated by Windcliff Homeowners Association. Per the Development Code any review would require both Planning Commission and the respective elected body review. Staff does not anticipate an increase in PUD’s after the code change. Planner Woeber found it difficult to find comparable municipalities utilizing PUD’s and provided examples of PUD use related to the possible use in the Estes Valley. Staff recommended the approval of the ordinance. Board questions have been summarized: Whether a commercial enterprise would be allowed to develop in a residential zoning district with the changes; the existence of any process implications staff could anticipate due to an increase in PUD applications; and whether PUD’s are common to a specific zoning district. David Yale/County citizen questioned whether staff has seen PUD’s in established neighborhoods. Ken Smith/Town citizen stated he has never run into a code regulation limited to a certain zoning district and finds the use of a PUD’s as a useful development tool. Mayor Jirsa closed the public hearing and Attorney White read the ordinance into the record. It was moved and seconded (Cenac/Bangs) to approve Ordinance 09-19 and it passed with Mayor Pro Tem Walker recusing himself. 3.ACTION ITEMS: 1.APPROVE APPOINTMENT OF STIFEL, NICOLAUS & COMPANY, INC. AS BOND UNDERWRITER FOR THE 2019 POWER AND COMMUNICATIONS REVENUE BONDS. Director Hudson stated the item would appoint the bond underwriting firm working with the Town to issue Power and Communications Revenue Bonds to fund completion of the smart meter system and installation of a fiber-to-premises broadband network. There being no further discussion, it was moved and seconded (Walker/Norris) to approve the appointment of Stifel, Nicolaus & Company, Inc., as Bond Underwriter for the 2019 Power and Communications Revenue Bonds, and it passed unanimously. 2. RESOLUTION 17-19 TO APPROVE THE USE OF DESIGN BUILD CONCEPT FOR BROADBAND NETWORK CONSTRUCTION. Line Superintendent Lockhart stated the resolution gives the Mayor or Mayor Pro Tem authority to execute broadband contracts over $100,000 without a Board decision. Advantages of the authority included flexibility in design implementation of construction methods and reduced expenditures. Trustee Norris encouraged staff to set clear expectations upfront to complete the build with minimal changes. Trustee Martchink questioned the ability for staff to bring items to the Board if the authority given to the Mayor or Mayor Pro Tem affects the progress of the project or raises staff concern. Staff stated the Board can rescind the authority through a resolution approved by the Board. Mayor Pro Tem Walker requested the last “Whereas” in the resolution include “in the Mayor’s absence” for consistency. After further discussion, it was moved and seconded (Walker/Norris) to approve Resolution 17-19 with the noted change by Mayor Pro Tem Walker, and it passed unanimously.9 Board of Trustees – June 25, 2019 – Page 4 3.RESOLUTION 18-19 SUPPLEMENTAL BUDGET APPROPRIATIONS. Mayor Jirsa opened the public hearing. Director Hudson stated the budget amendment formalizes the new Town Attorney department, reclassifying Code Enforcement from Community Development to the Police Department, additional costs for the recall election and additional items outlined in the packet. After further discussion by the Board, it was determined the Housing Authority funding in the amount of $51,000, be removed and brought to the July 9, 2019 Town Board meeting for additional discussion. John Meisner/Town citizen requested clarification on the office location for the Attorney. Mayor Jirsa closed the public hearing. It was moved and seconded (Walker/Norris) to approve Resolution 18-19 with the removal of the funds for the Housing Authority in the amount of $51,000 for discussion during the July 9, 2019 Board meeting, and it passed unanimously. 4. ORDINANCE 15-19 AMENDING THE TEMPORARY MORATORIUM ON THE APPLICATION AND REVIEW OF PARK AND RECREATION FACILITIES IN RESIDENTIAL ZONING DISTRICTS. Mayor Jirsa opened the public hearing. Planner Woeber requested an additional extension of the moratorium for application review of any park and recreation facilities, in any residential zoning district, to August 19, 2019. The extension was requested in order for the Board of County Commissioners to hear the code amendment at their August meeting on August 19, 2019. Mayor Jirsa closed the public hearing and Attorney White read the changes to the ordinance into record. It was moved and seconded (Cenac/Norris) to approve Ordinance 15-19 extending the temporary moratorium to August 19, 2019, and it passed with Mayor Pro Tem Walker abstaining and Jirsa voting “no”. Editor’s Note: Ordinance 15-19 was read into the record with an extension of the moratorium date of September 19, 2019 and was published on June 28, 2019 with said date. The Ordinance effective date was July 28, 2019 and formally extended the date to September 19, 2019. 5.INTERVIEW COMMITTEE FOR ESTES VALLEY BOARD OF ADJUSTMENT. It was moved and seconded (Martchink/Walker) to appoint Trustees Cenac and Norris to the Estes Valley Board of Adjustment Interview Committee, and it passed unanimously. 6.MEDICAL INSURANCE PLAN MID-TERM ADJUSTMENT. In 2015 the Town eliminated coverage for spouses due to a 30% renewal increase as a result of increased spousal claims. In order to maintain coverage for staff and dependents the Town chose to eliminate spousal coverage. Circumstances have changed and a proposal was presented. Staff requested the Board consider mid-year coverage for spouses who currently are not eligible for medical insurance coverage through their employer. The impact to the budget is approximately $95,000 for approximately 49 spouses. Jeff Clark/Town citizen stated his support for medical coverage for spouses and its importance for employee retention. If approved staff would provide a special enrollment for medical only to include spousal coverage beginning July 7, 2019-July 15, 2019 effective beginning August 1, 2019. After further discussion, it was moved and seconded (Walker/Cenac) to approve the modification of the medical insurance plan mid-year adjustment to allow medical coverage to spouses who currently do not have insurance provided by their employer, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 8:31 p.m. Todd Jirsa, Mayor Bunny Victoria Beers, Recording Secretary 10 RECORD OF PROCEEDINGS Estes Valley Planning Commission July 16, 2019 Board Room, Estes Park Town Hall Commission: Chair Bob Leavitt, Vice-Chair Sharry White, Commissioners Steve Murphree, Frank Theis, Nick Smith, Dave Converse Attending: Chair Leavitt, Vice-Chair White, Commissioners Murphree, Theis, Smith, Converse Also Attending: Director Randy Hunt, Planner I Linda Hardin, Planning Technician Claire Kreycik, Recording Secretary Karin Swanund, Town Board Liasion Ron Norris, Town Attorney Dan Kramer Absent: None OPEN MEETING Chair Leavitt called the meeting to order at 6:00 p.m. There were seven people in attendance APPROVAL OF AGEND A It was moved and seconded (Leavitt/White) to approve the agenda as presented and the motion passed 6-0. PUBLIC COMMENT None CONSENT AGENT 1.Study Session Minutes dated June 18, 2019 2.Meeting Minutes dated June 18, 2019 3.Large Vacation Home, 520 Heinz Parkway, Jeff Abbott, owner It was moved and seconded (Theis/White) to approve the consent agenda as presented and the motion passed 5-0 with Converse abstaining. It was moved and seconded (Smith/White) to approve the Large Vacation Home application as presented and the motion passed 6-0. ACTION ITEMS 1.AMENDED MINUTES Director Hunt described the missing clause from the October 18, 2018, thus the need to amend the minutes of that meeting. The following phrase has been added verbatim: “according to the findings of fact, with findings and conditions recommended by staff.” 11 RECORD OF PROCEEDINGS Estes Valley Planning Commission July 16, 2019 Board Room, Estes Park Town Hall It was moved and seconded (Theis/Smith) to approve amended minutes as presented and the motion passed 5-0 with Converse abstaining. 2.DEVELOPMENT PLAN, 1240 BIG THOMPSON AVENUE Staff requested a continuance of this item to the next meeting, August 20, 2019. The applicant has not yet received approval for access on the property from CDOT. It was moved and seconded (White/Murphree) to approve the continuance for reasons presented and the motion passed 6-0. 3.CODE AMENDMENT: SELF SERVICE MINI STORAGE IN CO ZONING Planner Hardin described the reason for the code amendment, stating the addition of self-service mini-storage use be allowed in CO, Commercial Outlying zoning districts following an S1 review process. The amendment restricts storage units on major arterial streets or highways and will also allow for expansion of existing businesses. It was moved and seconded (Smith/White) to recommend to the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners approval of the text amendment to the EVDC Tabel 4.4 as presented with findings as recommended by staff. The motion passed 6-0. 4.CODE AMENDMENT: GATED COMMUNITIES Continued from the June 18, 2019 meeting. Planning Technician Kreycik reviewed the proposed text amendment prohibiting the use of gate-controlled access to residential single-family subdivisions, apartment complexes or condominium developments. The updated text includes the addition of private right-of-ways being able to legally close their roads one day per year to preserve their private status. Commissioner Theis stated that he had changed his opinion on this amendment from last month and he sees the need given the wildfire hazards in this area. It was moved and seconded (Smith/Theis) to recommend to the Estes Park Town Board of Trustees and the Board of Larimer County Commissioners approval of the text amendment to the EVDC Tabel Chapter 7, Appendix D with the following correction to Appendix D, Section 3.b.7 about “Driveway Opening Requirements.” The code shall read: “The primary entrance for driveway openings shall not have gated access or other security barriers installed, with the exception of private single-family driveways where gated access is not restricted by Section 7.12.C”, with findings as recommended by staff. The motion passed 6-0. 12 RECORD OF PROCEEDINGS Estes Valley Planning Commission July 16, 2019 Board Room, Estes Park Town Hall 5.MINOR SUBDIVISION: 638 LAKEWOOD COURT Planning Technician Kreycik described the present situation, history and proposal for the Minor Subdivision, creating two separate legal lots from one. The lot is currently split in two by a public right of way. Director Hunt added that the current situation is not typical for a plat and this proposal is intended to fix what was inadvertently created with the 2000 rezoning. He apologized to the owners for the length of time it took to correct it. Public Comment Marie Gordon, town citizen, asked if this opens the door for a possible future rezoning or multi-family use. The question was answered that it would not allow for this. It was moved and seconded (Leavitt/Murphree) to recommend to the Board of Larimer County Commissioners approval of the Preliminary Plat of the Goetz Minor Subdivision according to findings of fact, including findings and conditions recommended by staff. The motion passed 6-0. REPORTS •Joint meeting with Town Board and County Commissioners with public discussion to be held at Town Hall on July 29, 2019, 5:30 p.m. regarding the current IGA and the future of land use in the Estes Valley. There will be an on- line survey for the public in which to participate. ADJOURN There being no further business Chair Leavitt adjourned the meeting at 6:32 p.m. _________________________________ Bob Leavitt, Chair _________________________________ Karin Swanlund, Recording Secretary 13 Town of Estes Park, Larimer County, Colorado July 16, 2019 Minutes of a Study Session meeting of the PLANNING COMMISSION of the Estes Valley, Larimer County, Colorado. Meeting held in Rooms 202/203 of Town Hall. Commission: Chair Leavitt, Vice-Chair White, Commissioners, Murphree, Smith, Theis, Converse Attending: Leavitt, Theis, Murphree, Smith, White, Converse Also Attending: Town Board Liaison Norris, Director Hunt, Planner I Hardin, Planning Tech Kreycik, Senior Planner Woeber, Recording Secretary Swanlund, Town Attorney Kramer Absent: none Chair Leavitt called the meeting to order at 4:00 p.m. introducing new Town Attorney Dan Kramer and new Planning Commissioner Dave Converse. There were four people in attendance. This study session was streamed and recorded on the Town of Estes Park YouTube channel. Goetz Minor Subdivision Planning Tech Kreycik explained the minor subdivision proposed for Lakewood Court. Due to a dedicated right of way intersecting the property, the owners would like to create two legal lots from one lot. There is currently one single-family home on the property; the owners plan to build an additional home on the second lot. Both homes will likely be used as a Bed and Breakfast. Hunt noted that the fee was waived for this application due to the odd circumstances of the lot. Gated Communities Code Amendment Planning Tech Kreycik discussed the proposed amendment regarding restrictions on Gated Communities which was continued from the June meeting. Owners of Private right-of-ways need to be able to protect their private status, which has been added to the text amendment. The main reason for this proposal is for safety and emergencies. Existing gated access properties will be grandfathered. There are no restrictions serving one private dwelling. This is aimed at permanent restricted access. Commissioner Theis suggested updating the language to Section 7, Appendix D regarding single-family homes. Kreycik confirmed this will be done before the meeting vote. Self-Storage Code Amendment Planner Hardin discussed the upcoming code amendment regarding Self Storage Units in CO- Commercial Outlying zoning. Seven of the 13 existing businesses are in CO zoning, which makes them non-conforming. An S1 Special Review will be required. Self-storage facilities will not be allowed on arterial streets or highways. It was requested to as the Fire Marshall about the storage of hazardous materials. Silver Saddle Development Plan 14 Planning Commission Study Session July 16, 2019 –Page 2 Planner Hardin reported that the development plan will be continued to the August meeting due to concerns from Public Works and CDOT regarding the number of easements allowed on the property. The property currently has four, CDOT only wants them to have two. The plan is to add 18 units, enclosing the swimming pool, laundry facilities, office space, and a gathering lounge for guests. An amended plat will be submitted to the Town Board on July 23 reducing the smaller lot, thus increasing the larger lot. Wildfire Development Plan Planner Woeber stated that the Development Plan for The Divide (16 units) and The Meadow Condominiums (72 units) will be on the August 20 meeting agenda. The final plat will go before the town board on August 13. Upcoming Projects Review Director Hunt discussed the larger projects coming up. The Stanley Historic District has its own review committee, called the Technical Review Committee (TRC). Any proposals proposed by the Stanley Historic District go through this Committee, not the Planning Commission or the Town Board. The Film Center application is expected to be submitted soon. Other projects are CDOT Vehicle Storage Facility, Estes Park Chalet (Mary’s Lake Lodge) and Elkhorn Lodge. Parking Density and Downtown Building Height are code amendments that will likely be coming up in the next few months. Park and Rec Update Director Hunt and Chair Leavitt spoke on the recent discussions regarding the Park and Rec code amendment. In addition to an S2 Special Review, adding language in chapter 5, which would add restrictions and/or qualifications as to what is allowed in residential zones, would be included. This wording would match the amendments for private schools and historical museums. Rezoning could be a solution for some of the items on the list. Theis expressed concerns about loopholes in the code. With the new wording, it boils down to no commercial recreation is allowed in residential zoning with this code change. The Town Board could choose to remand or continue the item at next weeks meeting. Trustee Norris stated that every effort should be made to be clear when bringing this to the Town Board explaining the rationale, ability to apply conditions, and comparing A, B and C. A summary of public comments made to the Planning Commission regarding this as well as a summary of the Stanley Historic Home conditions would also be helpful. IGA Update Director Hunt reported that there will be a joint meeting/public input session held at Town Hall on July 29 at 5:30 p.m. to discuss the future of land use in the Estes Valley. There will be an on-line survey for those unable to participate. Commissioners can speak/write in as individuals on this. Ayres Associates update Planner Woeber spoke on the parking spaces in density bonus housing. Ayres Associates recommended doing some “real world” studies on projects in the Estes Valley. Greg Gladov from Public Works has been asked to review this and should have a report soon. 15 Planning Commission Study Session July 16, 2019– Page 3 Wildlife Study statements in Development Plans Chair Leavitt requested there be a statement in Development Plans that confirms Colorado Parks and Wildlife was contacted and reviewed the wildlife habitat for a project. Director Hunt noted the caveat that we can’t make CPW respond to us. As of 2008, it is illegal to deny a development plan unless it involves big horn sheep or riparian habitat. Future Items Spot Zoning Single-Family zoning changes talks happening around the country Inconsistent rules between County and Town for commissioner training. A test is now required for a county appointed commissioner. Chair Leavitt adjourned the meeting at 5:30 p.m. _____________________________________ Bob Leavitt, Chair Karin Swanlund, Recording Secretary 16 Town of Estes Park, Larimer County, Colorado, June 19, 2019 Minutes of a regular meeting of the Transportation Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 202 of Town Hall on the 19th day of June, 2019. Present: Gordon Slack Tom Street Belle Morris Ron Wilcocks Janice Crow Scott Moulton Ann Finley Linda Hanick Also Present: Trustee Carlie Bangs, Town Board Liaison Greg Muhonen, Public Works Director Vanessa Solesbee, Parking & Transit Manager Megan Van Hoozer, Public Works Administrative Assistant David Hook, Engineering Manager Absent: Stan Black Chair Morris called the meeting to order at 12:03 p.m. PUBLIC COMMENT: No public comment. APPROVAL OF MINUTES: A motion was made and seconded (Slack/Crow) to approve the May meeting minutes and all were in favor. TAB PRIORITY GRID REVIEW: Belle distributed the update priority grid based on the preferences provided to the Chair since the last meeting. The group reviewed TAB’s Priority Grid with longer term members expounding on the items for history. Members discussed the importance of having the items fit the Town Board’s Strategic Plan and the adopted Downtown Plan. The TAB would select items contained in these plans each year if they fit the purview of the TAB. Members Wilcocks and Finley agree since so much has already been identified that would benefit the community. Member Hanick would like to have something address the pedestrian crossing from the Estes Park Visitor Center to Stanley Village and Steamer Parkway due to the dangers of crossing on foot. Member Crow stated her preferences relate specifically to the Moraine Avenue corridor and the need to safely address multi-mobility. Member Slack agreed. Member Wilcocks wants something contained that is specific to an Elkhorn Avenue overpass or underpass at library pedestrian crossing as a result of the disruptiveness to traffic. Wilcocks would also like to expedite completion of the Fall River Trail if possible, or encourage continued active efforts. Wilcocks also stated a Cleave Street redesign needs priority. Chair Morris feels year-round shuttle service is critical. She’d also like to have something regarding bike travel safety, safer crosswalks and prefers no RVs be allowed downtown. Slack suggested the area campgrounds distribute a map taking the RVs 17 Transportation Advisory Board – June 19, 2019 – Page 2 away from the downtown corridor, stating it should be in place before construction of the Downtown Estes Loop. Manager Solesbee loves the idea and suggested that Visit Estes Park (VEP) may get involved. VEP has staff, time and graphic capabilities to help in this effort. Finley stated that inclusion of an express route from the Visitor Center to Rocky Mountain National Park (RMNP) could potentially create an increase of those choosing to get out of their cars. Finley also stated that the installation, or creation of a priority driving lane for non-automobiles (hiker shuttle, bicycle, etc.) for specified times may encourage increased ridership and other transportation modes. The TAB went on to discuss new formatting of the updated priority grid. Chair Morris will bring the updated document back for the next meeting. Director Muhonen shared that the Town’s Strategic Plan is in final discussion and is open to the public on June 26 from 4:00 p.m. to 7:30 p.m. in Town Hall Rooms 202 and 203.There will be a very robust list of requested items contained in the Strategic Plan. Muhonen will distribute the Strategic Plan to TAB members following the meeting. PROJECT UPDATES (G. Muhonen – Public Works Administration) Muhonen asked the TAB if anyone had seen the new pavement markings on Elkhorn Avenue. These are the diagonal striping for the Barnes Dance intersections. All members agreed this inclusion has been helpful. Muhonen informed the TAB there is potential to use color on the 4 th Street Rehabilitation project to delineate bike versus pedestrian areas of designation. The Town is gathering data for traffic speeds and utilization on both 2nd and 3rd Streets. To date no excessive speed limit infractions have been recorded however the Police Auxiliary is still collecting data. The neighborhood appreciates the attention being given to their concerns. PROJECT UPDATES (D. Hook – Engineering Manager) Elkhorn Overlay: Manager Hook shared that pavement markings are being added at the US 34/US 36 intersection to improve the pedestrian crosswalks at the north leg of the intersection. The overlay and patching will take place in the coming weeks. Hook stated that the CDOT contract for Elkhorn work expanded to $1.4 million. Brodie Avenue Improvements: Coulson Excavating was the sole bidder for the Brodie Avenue Improvements so they’ll be performing that work in addition to Elkhorn Avenue and 4th Street Rehabilitation projects, creating a total work package for Coulson of approximately $1.3 million. Hook discussed there would be a phased approach. The entire project will not be completed before the school season begins. For the eastern half of the project, Coulson may continue into August or September. The project is expected to begin next week. Downtown Wayfinding: The Downtown Wayfinding project was on hold and has not restarted due to other priorities this time of year. PROJECT UPDATES (V. Solesbee – Parking & Transit Manager) Manager Solesbee shared that CDOT’s Bustang came to town. There is currently a draft Intergovernmental Agreement (IGA) established for August 23, 2019 through the end of September. There will be two buses that will travel roundtrip from Denver’s Union Station to the Estes Park Visitor Center. Bustang has an approximate capacity of 50 riders with an area provided to carry bikes. Bustang needs marketed in Estes Park. CDOT has requested marketing promotion and a space for the bus to park. Solesbee will keep all posted on updates. Solesbee stated that the banner art, since being approved, has been produced and has arrived with installation planned for June 20. 18 Transportation Advisory Board – June 19, 2019 – Page 3 Parking: The real-time parking availability application is now available. Solesbee is working with Pubic Information Officer Kate Rusch to publish promotional language. Solesbee will provide a report to the TAB next month. Chair Morris suggested the parking application be added to Special Events permit approvals. Solesbee reported that the Parking Ambassadors have written just over 1,000 citations last year. Transit: Full transit service starts Saturday, June 22 and Shuttle Brochures are being delivered. Solesbee stated that the majority of comments received have been related to the discontinuation of service to the YMCA. RMNP is excited to share messages with for display on the Town’s digital message signs. This messaging will help with RMNP traffic congestion and will help the traveler experience. Solesbee will be reaching out to initiate stakeholders meeting in the near future. She feels a more robust discussion is needed for future decision-making, including diverse voices. Member Street suggested including visitors. Wilcocks suggested including business owners that currently have no alley access. Trustee Liaison Bangs offered additional suggestions for community outreach. OTHER BUSINESS With no other business to discuss, Chair Morris adjourned the meeting at 2:00 p.m. Recording Secretary Megan Van Hoozer, Public Works Department 19 Town of Estes Park, Larimer County, Colorado, July 18, 2019 Minutes of a regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Museum Conference Room of the Estes Park Museum on the 18th day of July, 2019. Present Merle Moore Vicki Papineau Ron Wilcocks Rex Poggenpohl Geoffrey Elliot Also Present: Brian Berg, Parks Supervisor Megan Van Hoozer, Public Works Administrative Assistant Patrick Martchink, Town Board Liaison Absent: Dewain Lockwood Wade Johnston Chair Merle Moore called the meeting to order at 8:32 a.m. PUBLIC COMMENT Estes Arts District - Supervisor Berg attended the Friends of Folks stating it was very well-attended, with 75% of the attendees being local residents. GENERAL BUSINESS A motion was made and seconded (Papineau/Wilcocks) to approve the June meeting minutes and all were in favor. MRS WALSH’S GARDEN COMMITTEE UPDATE Chair Moore reported that the Open Garden Party held on June 20 was very successful. There were approximately 40 individuals in attendance. In August the committee will try another event with Merle and one other member of the committee available to answer questions on native plants, etc. Moore will provide the details to Berg for inclusion in the newspaper. A kiosk has been ordered and is to be installed at Mrs. Walsh’s Garden for informational purposes. Committee member, Joan Sapp has approved the rocks for the rock work being installed. Progress on this work is slow but steady. NOXIOUS WEED ORDINANCE DISCUSSION Member Papineau and Chair Moore met with the mayor on July 16 to discuss concerns associated to the presented ordinance. Mayor Jirsa’s concerns involved neighbors calling in neighbors regarding non-compliance with the ordinance. Papineau stated it’s quite comparable to the ordinance regarding pine beetles and stated the existing ordinance allows up to a $2,500 fine. Lieutenant Rick Life and the newly assigned compliance officer were in attendance as well. 21 Parks Advisory Board – July 18, 2019 – Page 2 The new Town Attorney will review the ordinance language and provide feedback, although his first thought was that it’s a bit lengthy. The mayor would like to encourage more education rather than more enforcement. The Town has been paying for the July Weed Roundup disposal, with the Estes Land Stewardship Association (ELSA) reimbursing the town for disposal of the weeds collected at other Monitored Weed Drop-offs and Weed Roundup based on available funding. The mayor feels 100% of the funding for these events should reside in the Parks Division budget. AIPP GUIDELINES REVIEW PAB members were not prepared to discuss the Art In Public Places (AIPP) Guidelines at today’s meeting. The discussion has been tabled for the regularly scheduled August PAB meeting. AIPP FUNDING RESEARCH Chair Moore and Member Poggenpohl met with the Town’s Grant Specialist, Christy Crosser to gain information on grants for public art. Crosser suggested the creation of a Master Plan for art, as well as strengthening partnerships with other community art groups. Member Wilcocks recommend collaborating with the Estes Arts District (EAD) for art master planning and went on to list a variety of other local partnerships. Poggenpohl stated that we currently have member of the EAD on the PAB yet there’s no active collaboration. Papineau suggested the development of a chart to show the existing partnerships. It was determined critical to utilize the adopted Estes Park Downtown Plan (DP) to aid in the development of an ‘Art Master Plan’. Wilcocks volunteered to discuss the thoughts and plans of the DP with the EAD. Trustee Liaison Martchink feels that an Art Master Plan would be an extremely valuable resource, stating approval of a resolution of support, along with the required local match amounts, from the Town Board would be required. There may be potential for a contribution from the EAD or other art organizations. Chair Moore stated there is a need for help from the EAD, potentially creating an art advisory committee, to advise the PAB on the appropriate maintenance and care of the existing art inventory. Both the allocation percentages and the types of projects to target need identified and put on paper. Poggenpohl stated that the Town needs to spend money and show support for local art. The PAB, in its entirety, support proceeding with AIPP Funding by documenting and presenting a plan for review. PARKS UPDATES Berg distributed the Estes Valley Code Compliance sheet for review and reference by PAB members. Berg reached out to the artist that was quoted in the paper stating they were not permitted to autograph their art. The artist simply misread the contract. Berg contacted the artist and all has been straightened out. The artist has autographed her artwork. 22 Parks Advisory Board – July 18, 2019 – Page 3 Papineau asked Berg if there is any type of brochure on the new sensory garden to help the Visitor Center Ambassadors direct residents and guests. Berg stated there have been no discussions on the creation of handouts. Papineau also stated that it would be helpful to have ‘golf pencils’ as handouts. Bert will look into these ideas further as the garden gets more well-established. Parks staff is still working out some kinks but Berg will discuss more with his team. Berg updated that the loose rocks and seating at Wiest have been corrected. The Parks Division hired an intern to perform GPS locating of all trees, benches, art, irrigation, etc. The same intern will be performing the same duties for the Streets Division. Once all GPS locating is complete there will be a layer created for Arcmap which will be linked with the Parks and Streets Division webpages. OTHER BUSINESS Member Wilcocks complimented the planting of specific trees in town, highlighting the oak trees and the Rocky Mountain Maple trees. He stated they’re beautiful and encouraged the continued planting of these trees in the downtown area. Berg has trials around town and will take this suggestion into consideration for future plantings. With no other business to discuss, the meeting was adjourned at 10:04 a.m. Recording Secretary Megan Van Hoozer, Public Works 22 PUBLIC WORKS Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Christy Crosser, Grant Specialist Greg Muhonen, PE, Public Works Director Date: August 27, 2019 RE: Acceptance of Colorado Parks and Wildlife Recreational Trails Program Grant Agreement for Fall River Trail Construction (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER QUASI-JUDICIAL YES NO Objective: Public Works (PW) seeks approval of the grant agreement from the Department of Natural Resources, Colorado Parks and Wildlife (CPW) Recreational Trails Program (RTP) for the construction of a segment of the Fall River Trail. Present Situation: Adopted in 2016, the Estes Valley Master Trails Plan includes Fall River Trail as a top priority for constructing. Public Works staff, with the assistance of a consultant, has been researching grant opportunities and submitting applications. This grant has been awarded for a segment of the trail located on Fish Hatchery Road between David Drive and Bugle Pointe driveway. This section of the trail includes a pedestrian bridge over Fall River. The completion of this trail will connect historic downtown Estes Park with Rocky Mountain National Park and all points in between including residences and businesses along Fall River Road and Fish Hatchery Road. This trail will provide safe, non- motorized access to the trails and campgrounds of Rocky Mountain National Park. Proposal: Public Works staff proposes to construct a 10-foot wide, ADA accessible concrete trail and bridge that is approximately 0.1 mile long along Fish Hatchery Road with these grant funds. 25 Advantages: •This project constructs an important segment of our trail system for the benefit of our residents and visitors who desire to enjoy a healthy lifestyle through outdoor recreation and future non-motorized connectivity to RMNP and its trail system. •This project has received significant support including funds from the Estes Valley Recreation and Park District. •Traffic congestion and air pollution can be reduced as trail usage increases. Disadvantages: •A local match cost share is required; however, this has been budgeted in 2020. •Trail maintenance funding will increase incrementally as the trail system expands; however, this will be budgeted in subsequent years. •Construction will cause some traffic disruption. Action Recommended: Public Works staff recommends approval of this grant agreement. Finance/Resource Impact: The total cost of this segment is $623,610. The grant award is $250,000 and the cost share requirement is 30 percent. The required cost share and overmatch is supported funds from the Larimer County Open Space Fund and from the Town 1A sales tax for trail expansion. Level of Public Interest Public interest is anticipated to be high because of the strong community support for trails use and expansion. Sample Motion: I move for the denial/ approval of this grant agreement. Attachments: CPW Grant Agreement 26 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 1 of 24 Version C 01/29/2019 STATE OF COLORADO GRANT AGREEMENT COVER PAGE State Agency Department of Natural Resources Colorado Parks and Wildlife 1313 Sherman Street Denver, Colorado 80203 Agreement Number CMS Number: 140970 Encumbrance Number: CTGG1 PMAA 2020*2061 Grantee Town of Estes Park PO Box 1200 Estes Park, CO 80517 Agreement Performance Beginning Date On the Effective Date Initial Agreement Expiration Date December 31, 2021 Agreement Maximum Amount Entire Contract term for all applicable fiscal years: $250,000.00 Required Match: $75,000.00 Agreement Authority A.Federal Authority Federal funds are provided by Catalog of Federal Domestic Assistance number 20.219. B.State Authority Authority to enter into this Contract exists in in C.R.S. 33- 10-107(1)(e). Agreement Purpose The purpose of this Agreement is to continue construction of the Fall River Trail project. This Agreement is exempt from the procurement code under 24-101-105(1)(II.5) and Procurement Rule R-101-105-01. Exhibits and Order of Precedence The following Exhibits and attachments are included with this Agreement: 1.Exhibit A, Statement Of Work 2.Exhibit B, Budget 3.Exhibit C, Federal Funds In the event of a conflict or inconsistency between this Agreement and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: 4.Colorado Special Provisions in §18 of the main body of this Agreement 5.Exhibit C, Federal Funds 6.The provisions of the other sections of the main body of this Agreement 7.Exhibit A, Statement of Work 8.Exhibit B, Budget Principal Representatives For the State: For Grantee: Megan Sims Ryan Barr Grant Administrator Town of Estes Park 13787 South Highway 85 PO Box 1200 Littleton, CO 80125 Estes Park, CO 80517 (303) 791-1957 x 4150 (970)577-3575 megan.sims@state.co.us rbarr@estes.org 27 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 2 of 24 Version C 01/29/2019 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that the signer is duly authorized to execute this Agreement and to bind the Party authorizing such signature. GRANTEE Town of Estes Park By: Todd A. Jirsa Title: Mayor ______________________________________________ *Signature Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Natural Resources Dan Gibbs, Executive Director Colorado Parks and Wildlife By: __________________________________________ Title: _________________________________________ ______________________________________________ *Signature Date: _________________________ 2nd State or Grantee Signature if Needed By: __________________________________________ Title: _________________________________________ ______________________________________________ *Signature Date: _________________________ LEGAL REVIEW Phil Weiser, Attorney General _______________________________________________ By: Assistant Attorney General Date: _________________________ In accordance with §24-30-202, C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: __________________________________________ Title: _________________________________________ ______________________________________________ *Signature Effective Date:_____________________ 28 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 3 of 24 Version C 01/29/2019 TABLE OF CONTENTS COVER PAGE .......................................................................................................................... 1 SIGNATURE PAGE ................................................................................................................. 2 1.PARTIES ................................................................................................................................... 3 2.TERM AND EFFECTIVE DATE ............................................................................................. 3 3.DEFINITIONS .......................................................................................................................... 4 4.STATEMENT OF WORK ........................................................................................................ 7 5.PAYMENTS TO GRANTEE .................................................................................................... 7 6.REPORTING - NOTIFICATION ........................................................................................... 10 7.GRANTEE RECORDS ........................................................................................................... 10 8.CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................... 11 9.CONFLICTS OF INTEREST.................................................................................................. 12 10.INSURANCE .......................................................................................................................... 13 11.BREACH OF AGREEMENT ................................................................................................. 14 12.REMEDIES ............................................................................................................................. 15 13.DISPUTE RESOLUTION ....................................................................................................... 16 14.NOTICES AND REPRESENTATIVES ................................................................................. 17 15.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 17 16.STATEWIDE CONTRACT MANAGEMENT SYSTEM ..................................................... 18 17.GENERAL PROVISIONS ...................................................................................................... 19 18.COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ....................... 21 1.PARTIES This Agreement is entered into by and between Grantee named on the Cover Page for this Agreement (the “Grantee” or “Contractor”), and the STATE OF COLORADO acting by and through the State agency named on the Cover Page for this Agreement (the “State”). Grantee and the State agree to the terms and conditions in this Agreement. 2.TERM AND EFFECTIVE DATE A.Effective Date This Agreement shall not be valid or enforceable until the Effective Date, and the Grant Funds shall be expended by the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement. The State shall not be bound by any provision of this Agreement before the Effective Date, and shall have no obligation to pay Grantee for any Work performed or expense incurred before the Effective Date, except as described in §5.D, or after the Fund Expenditure End Date. B.Initial Term The Parties’ respective performances under this Agreement shall commence on the Agreement Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the “Initial Term”) unless sooner terminated or further extended in accordance with the terms of this Agreement. C.End of Term Extension If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the State, at its discretion, upon written notice to Grantee as provided in §14, may unilaterally extend such Initial Term or Extension Term for a period not to exceed 2 months 29 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 4 of 24 Version C 01/29/2019 (an “End of Term Extension”), regardless of whether additional Extension Terms are available or not. The provisions of this Agreement in effect when such notice is given shall remain in effect during the End of Term Extension. The End of Term Extension shall automatically terminate upon execution of a replacement Agreement or modification extending the total term of this Agreement. D.Early Termination in the Public Interest The State is entering into this Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in part. A determination that this Agreement should be terminated in the public interest shall not be equivalent to a State right to terminate for convenience. This subsection shall not apply to a termination of this Agreement by the State for breach by Grantee, which shall be governed by §12.A.i. i.Method and Content The State shall notify Grantee of such termination in accordance with §14. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement, and shall include, to the extent practicable, the public interest justification for the termination. ii.Obligations and Rights Upon receipt of a termination notice for termination in the public interest, Grantee shall be subject to the rights and obligations set forth in §12.A.i.a. iii.Payments If the State terminates this Agreement in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Agreement that corresponds to the percentage of Work satisfactorily completed and accepted, as determined by the State, less payments previously made. Additionally, if this Agreement is less than 60% completed, as determined by the State, the State may reimburse Grantee for a portion of actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by Grantee which are directly attributable to the uncompleted portion of Grantee’s obligations, provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. E.Grantee’s Termination Under Federal Requirements Grantee may request termination of this Grant by sending notice to the State, or to the Federal Awarding Agency with a copy to the State, which includes the reasons for the termination and the effective date of the termination. If this Grant is terminated in this manner, then Grantee shall return any advanced payments made for work that will not be performed prior to the effective date of the termination. 3.DEFINITIONS The following terms shall be construed and interpreted as follows: A.“Agreement” means this agreement, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future modifications thereto. 30 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 5 of 24 Version C 01/29/2019 B.“Award” means an award by a Recipient to a Subrecipient funded in whole or in part by a Federal Award. The terms and conditions of the Federal Award flow down to the Award unless the terms and conditions of the Federal Award specifically indicate otherwise. C.“Breach of Agreement” means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach. D.“Budget” means the budget for the Work described in Exhibit B. E.“Business Day” means any day in which the State is open and conducting business, but shall not include Saturday, Sunday or any day on which the State observes one of the holidays listed in §24-11-101(1), C.R.S. F.“CORA” means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S. G.“Effective Date” means the date on which this Agreement is approved and signed by the Colorado State Controller or designee, as shown on the Signature for this Agreement. H.“End of Term Extension” means the time period defined in §2.C I.“Exhibits” means the exhibits and attachments included with this Contract as shown on the Cover Page for this Contract. J.“Federal Award” means an award of Federal financial assistance or a cost-reimbursement contract, under the Federal Acquisition Regulations or by a formula or block grant, by a Federal Awarding Agency to the Recipient. “Federal Award” also means an agreement setting forth the terms and conditions of the Federal Award. The term does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. K.“Federal Awarding Agency” means a Federal agency providing a Federal Award to a Recipient. The U.S. Federal Highway Administration is the Federal Awarding Agency for the Federal Award which is the subject of this Agreement. L.“Goods” means any movable material acquired, produced, or delivered by Grantee as set forth in this Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. M.“Grant Funds” means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Agreement. N.“Incident” means any accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any communications or information resources of the State, which are included as part of the Work, as described in §§24-37.5-401 et. seq. C.R.S. Incidents include, without limitation (i) successful attempts to gain unauthorized access to a State system or State Information regardless of where such information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a State system for the 31 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 6 of 24 Version C 01/29/2019 processing or storage of data; or (iv) changes to State system hardware, firmware, or software characteristics without the State’s knowledge, instruction, or consent. O.“Initial Term” means the time period defined in §2.B P.“Matching Funds” means the funds provided Grantee as a match required to receive the Grant Funds. Q.“Party” means the State or Grantee, and “Parties” means both the State and Grantee. R.“PII” means personally identifiable information including, without limitation, any information maintained by the State about an individual that can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. PII includes, but is not limited to, all information defined as personally identifiable information in §24-72-501, C.R.S. S.“Recipient” means the State agency shown on the Signature and Cover Page of this Agreement, for the purposes of this Federal Award. T.“Services” means the services to be performed by Grantee as set forth in this Agreement, and shall include any services to be rendered by Grantee in connection with the Goods. U.“State Confidential Information” means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to, PII, and State personnel records not subject to disclosure under CORA. State Confidential Information shall not include information or data concerning individuals that is not deemed confidential but nevertheless belongs to the State, which has been communicated, furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by a third party who has the right to disclose such information; or (v) was independently developed without reliance on any State Confidential Information. V.“State Fiscal Rules” means that fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a), C.R.S. W.“State Fiscal Year” means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. X.“State Records” means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. Y.“Subcontractor” means third-parties, if any, engaged by Grantee to aid in performance of the Work. “Subcontractor” also includes sub-grantees of grant funds. Z.“Subrecipient” means a non-Federal entity that receives a sub-award from a Recipient to carry out part of a Federal program, but does not include an individual that is a beneficiary of such program. A Subrecipient may also be a recipient of other Federal Awards directly from a Federal Awarding Agency. For the purposes of this Agreement, Grantee is a Subrecipient. 32 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 7 of 24 Version C 01/29/2019 AA. “Uniform Guidance” means the Office of Management and Budget Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, commonly known as the “Super Circular, which supersedes requirements from OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102, and A-133, and the guidance in Circular A-50 on Single Audit Act follow-up. BB. “Work” means the Goods delivered and Services performed pursuant to this Agreement. CC.“Work Product” means the tangible and intangible results of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, information, and any other results of the Work. “Work Product” does not include any material that was developed prior to the Effective Date that is used, without modification, in the performance of the Work. Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 4.STATEMENT OF WORK A.Grantee shall complete the Work as described in this Agreement and in accordance with the provisions of Exhibit A. The State shall have no liability to compensate Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Agreement. 5.PAYMENTS TO GRANTEE A.Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Agreement that exceeds the Agreement Maximum on the Signature and Cover Page of this Agreement. B.Payment Procedures i.Invoices and Payment a.The State shall pay Grantee in the amounts and in accordance with the schedule and other conditions set forth in Exhibit A and B. b.Grantee shall initiate payment requests by invoice to the State, in a form and manner approved by the State. c.The State shall pay each invoice within 45 days following the State’s receipt of that invoice, so long as the amount invoiced correctly represents Work completed by Grantee and previously accepted by the State during the term that the invoice covers. If the State determines that the amount of any invoice is not correct, then Grantee shall make all changes necessary to correct that invoice. d.The acceptance of an invoice shall not constitute acceptance of any Work performed or deliverables provided under this Agreement. ii.Interest Amounts not paid by the State within 45 days of the State’s acceptance of the invoice shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% 33 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 8 of 24 Version C 01/29/2019 per month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however, that interest shall not accrue on unpaid amounts that the State disputes in writing. Grantee shall invoice the State separately for accrued interest on delinquent amounts, and the invoice shall reference the delinquent payment, the number of day’s interest to be paid and the interest rate. iii.Payment Disputes If Grantee disputes any calculation, determination or amount of any payment, Grantee shall notify the State in writing of its dispute within 30 days following the earlier to occur of Grantee’s receipt of the payment or notification of the determination or calculation of the payment by the State. The State will review the information presented by Grantee and may make changes to its determination based on this review. The calculation, determination or payment amount that results from the State’s review shall not be subject to additional dispute under this subsection. No payment subject to a dispute under this subsection shall be due until after the State has concluded its review, and the State shall not pay any interest on any amount during the period it is subject to dispute under this subsection. iv.Available Funds-Contingency-Termination The State is prohibited by law from making commitments beyond the term of the current State Fiscal Year. Payment to Grantee beyond the current State Fiscal Year is contingent on the appropriation and continuing availability of Grant Funds in any subsequent year (as provided in the Colorado Special Provisions). If federal funds or funds from any other non-State funds constitute all or some of the Grant Funds, the State’s obligation to pay Grantee shall be contingent upon such non-State funding continuing to be made available for payment. Payments to be made pursuant to this Agreement shall be made only from Grant Funds, and the State’s liability for such payments shall be limited to the amount remaining of such Grant Funds. If State, federal or other funds are not appropriated, or otherwise become unavailable to fund this Agreement, the State may, upon written notice, terminate this Agreement, in whole or in part, without incurring further liability. The State shall, however, remain obligated to pay for Services and Goods that are delivered and accepted prior to the effective date of notice of termination, and this termination shall otherwise be treated as if this Agreement were terminated in the public interest as described in §2.D. Funding under this Contract may be provided via a funding source that, at the time of Effective Date, is not currently valid through the maximum potential term of this Contract. All payments beyond the currently valid funding end date are contingent upon the State receiving additional anticipated and budgeted appropriated or non- appropriated funding. Should the State not receive such appropriated or non- appropriated funding and it also be unable to substitute valid replacement funding, which is not anticipated, the State will notify Contractor that it has not received additional and necessary appropriated or non-appropriated funding. If Contractor is unsure if funding has been received for any period, Contractor should verify the availability of funding with the State prior to performing any Work for that period as the State shall not be liable for, and shall not make any payment to Contractor for, any Work performed during a period for which it has not received sufficient appropriated or non-appropriated funding, regardless of whether Contractor has performed Work during that period. 34 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 9 of 24 Version C 01/29/2019 v.Federal Recovery The close-out of a Federal Award does not affect the right of the Federal Awarding Agency or the State to disallow costs and recover funds on the basis of a later audit or other review. Any cost disallowance recovery is to be made within the Record Retention Period, as defined below. C.Matching Funds. Grantee shall provide Matching Funds as provided Exhibit A and B. Grantee’s obligation to pay all or any part of any matching funds, whether direct or contingent, only extend to funds duly and lawfully appropriated for the purposes of this Agreement by the authorized representatives of Grantee and paid into Grantee’s treasury or bank account. Grantee represents to the State that the amount designated “Grantee’s Matching Funds” in Exhibit A and B has been legally appropriated for the purposes of this Agreement by its authorized representatives and paid into its treasury or bank account. Grantee does not by this Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee’s laws or policies. D.Reimbursement of Grantee Costs. The State shall reimburse Grantee’s allowable costs, not exceeding the maximum total amount described in Exhibit A, B, and §7 for all allowable costs described in this Grant and shown in the Budget, except that Grantee may adjust the amounts between each line item of the Budget without formal modification to this Agreement as long as the Grantee provides notice to the State of the change, the change does not modify the total maximum amount of this Agreement or the maximum amount for any state fiscal year, and the change does not modify any requirements of the Work. The State shall reimburse Grantee for the federal share of properly documented allowable costs related to the Work after review and approval thereof, subject to the provisions of this Agreement and Exhibit A and B. However, any costs incurred by Grantee prior to the Effective Date shall not be reimbursed absent specific allowance of pre-award costs and indication that the Federal Award funding is retroactive. Grantee’s costs for Work performed after the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement, or after any phase performance period end date for a respective phase of the Work, shall not be reimbursable. The State shall only reimburse allowable costs described in this Contract and shown in the Budget if those costs are: i.Reasonable and necessary to accomplish the Work and for the Goods and Services provided; and ii.Equal to the actual net cost to Grantee (i.e. the price paid minus any items of value received by Grantee that reduce the cost actually incurred). E.Close-Out. Grantee shall close out this Award within 45 days after the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement. To complete close-out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Agreement and Grantee’s final reimbursement request or invoice. The State will withhold 5% of allowable costs until all final documentation has been submitted and accepted by the State as substantially complete. If the Federal Awarding Agency has not 35 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 10 of 24 Version C 01/29/2019 closed this Federal Award within 1 year and 90 days after the Fund Expenditure End Date shown on the Signature and Cover Page for this Agreement due to Grantee’s failure to submit required documentation, then Grantee may be prohibited from applying for new Federal Awards through the State until such documentation is submitted and accepted 6.REPORTING - NOTIFICATION A.Quarterly Reports. In addition to any reports required pursuant to §16 or pursuant to any other Exhibit, for any Agreement having a term longer than 3 months, Grantee shall submit, on a quarterly basis, a written report specifying progress made for each specified performance measure and standard in this Agreement. Such progress report shall be in accordance with the procedures developed and prescribed by the State. Progress reports shall be submitted to the State not later than 5 Business Days following the end of each calendar quarter or at such time as otherwise specified by the State. B.Litigation Reporting If Grantee is served with a pleading or other document in connection with an action before a court or other administrative decision making body, and such pleading or document relates to this Agreement or may affect Grantee’s ability to perform its obligations under this Agreement, Grantee shall, within 10 days after being served, notify the State of such action and deliver copies of such pleading or document to the State’s principal representative identified in §14. C.Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than 45 calendar days after the end of the Initial Term if no Extension Terms are exercised, or the final Extension Term exercised by the State, containing an evaluation and review of Grantee’s performance and the final status of Grantee’s obligations hereunder. D.Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State and the Federal Awarding Agency, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal Award. The State or the Federal Awarding Agency may impose any penalties for noncompliance allowed under 2 CFR Part 180 and 31 U.S.C. 3321, which may include, without limitation, suspension or debarment. 7.GRANTEE RECORDS A.Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records for a period (the “Record Retention Period”) of three years following the date of submission to the State of the final expenditure report, or if this Award is renewed quarterly or annually, from the date of the submission of each quarterly or annual report, respectively. If any litigation, claim, or audit related to this Award starts before expiration of the Record Retention Period, the Record Retention Period shall extend until all litigation, claims, or audit findings have been resolved and final action 36 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 11 of 24 Version C 01/29/2019 taken by the State or Federal Awarding Agency. The Federal Awarding Agency, a cognizant agency for audit, oversight or indirect costs, and the State, may notify Grantee in writing that the Record Retention Period shall be extended. For records for real property and equipment, the Record Retention Period shall extend three years following final disposition of such property. B.Inspection Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe Grantee Records during the Record Retention Period. Grantee shall make Grantee Records available during normal business hours at Grantee’s office or place of business, or at other mutually agreed upon times or locations, upon no fewer than 2 Business Days’ notice from the State, unless the State determines that a shorter period of notice, or no notice, is necessary to protect the interests of the State. C.Monitoring The State will monitor Grantee’s performance of its obligations under this Agreement using procedures as determined by the State. The federal government and any other duly authorized agent of a governmental agency, in its discretion, may monitor Contractor’s performance of its obligations under this Contract using procedures as determined by that governmental entity. Grantee shall allow the State to perform all monitoring required by the Uniform Guidance, based on the State’s risk analysis of Grantee and this Agreement. The State shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The State shall monitor Grantee’s performance in a manner that does not unduly interfere with Grantee’s performance of the Work. D.Final Audit Report Grantee shall promptly submit to the State a copy of any final audit report of an audit performed on Grantee’s records that relates to or affects this Agreement or the Work, whether the audit is conducted by Grantee or a third party. Additionally, if Grantee is required to perform a single audit under 2 CFR 200.501, et. seq., then Grantee shall submit a copy of the results of that audit to the State within the same timelines as the submission to the federal government. 8.CONFIDENTIAL INFORMATION-STATE RECORDS A.Confidentiality Grantee shall keep confidential, and cause all Subcontractors to keep confidential, all State Records, unless those State Records are publicly available. Grantee shall not, without prior written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any third party of any State Records, except as otherwise stated in thi s Agreement, permitted by law or approved in Writing by the State. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security and all applicable laws, rules, policies, publications, and guidelines. Grantee shall immediately forward any request or demand for State Records to the State’s principal representative B.Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to 37 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 12 of 24 Version C 01/29/2019 those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign agreements containing nondisclosure provisions at least as protective as those in this Contract, and that the nondisclosure provisions are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure provisions to the State upon execution of the nondisclosure provisions. C.Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to Grantee’s reasonable security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Agreement, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D.Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. Unless Grantee can establish that none of Grantee or any of its agents, employees, assigns or Subcontractors are the cause or source of the Incident, Grantee shall be responsible for the cost of notifying each person who may have been impacted by the Incident. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. The State may adjust or direct modifications to this plan, in its sole discretion and Grantee shall make all modifications as directed by the State. If Grantee cannot produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform such analysis and produce a remediation plan, and Grantee shall reimburse the State for the reasonable costs thereof. E.Safeguarding PII If Grantee or any of its Subcontractors will or may receive PII under this Agreement, Grantee shall provide for the security of such PII, in a manner and form acceptable to the State, including, without limitation, State non-disclosure requirements, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Grantee shall be a “Third-Party Service Provider” as defined in §24-73-103(1)(i), C.R.S. and shall maintain security procedures and practices consistent with §§24-73-101 et seq., C.R.S. 9.CONFLICTS OF INTEREST A.Actual Conflicts of Interest Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this 38 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 13 of 24 Version C 01/29/2019 Agreement. Such a conflict of interest would arise when a Grantee or Subcontractor’s employee, officer or agent were to offer or provide any tangible personal benefit to an employee of the State, or any member of his or her immediate family or his or her partner, related to the award of, entry into or management or oversight of this Agreement. B.Apparent Conflicts of Interest Grantee acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the State’s interests. Absent the State’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations under this Agreement. C.Disclosure to the State If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the actual or apparent conflict constitutes a breach of this Agreement. 10.INSURANCE Grantee shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain, insurance as specified in this section at all times during the term of this Agreement. All insurance policies required by this Agreement that are not provided through self-insurance shall be issued by insurance companies as approved by the State. A.Workers’ Compensation Workers’ compensation insurance as required by state statute, and employers’ liability insurance covering all Grantee or Subcontractor employees acting within the course and scope of their employment. B.General Liability Commercial general liability insurance covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i.$1,000,000 each occurrence; ii.$1,000,000 general aggregate; iii.$1,000,000 products and completed operations aggregate; and iv.$50,000 any 1 fire. C.Automobile Liability Automobile liability insurance covering any auto (including owned, hired and non-owned autos) with a minimum limit of $1,000,000 each accident combined single limit. D.Additional Insured The State shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Grantee and Subcontractors. 39 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 14 of 24 Version C 01/29/2019 E.Primacy of Coverage Coverage required of Grantee and each Subcontractor shall be primary over any insurance or self-insurance program carried by Grantee or the State. F.Cancellation All commercial insurance policies shall include provisions preventing cancellation or non- renewal, except for cancellation based on non-payment of premiums, without at least 30 days prior notice to Grantee and Grantee shall forward such notice to the State in accordance with §14 within 7 days of Grantee’s receipt of such notice. G.Subrogation Waiver All commercial insurance policies secured or maintained by Grantee or its Subcontractors in relation to this Agreement shall include clauses stating that each carrier shall waive all rights of recovery under subrogation or otherwise against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. H.Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. (the “GIA”), Grantee shall maintain, in lieu of the liability insurance requirements stated above, at all times during the term of this Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA, Grantee shall ensure that the Subcontractor maintain at all times during the terms of this Grantee, in lieu of the liability insurance requirements stated above, such liability insurance, by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s obligations under the GIA. I.Certificates Grantee and all Sub-grantees shall purchase the required insurance no later than thirty days prior to starting the project and will provide the required insurance certificates at the time. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Sub-grantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other time during the term of this Grant or any sub-grant, Grantee and each Sub-grantee shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §10. 11.BREACH OF AGREEMENT In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement to the other Party. If the notified Party does not cure the breach, at its sole expense, within 30 days after the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that Party. Notwithstanding any provision of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and may immediately terminate this Agreement in whole or in part or institute any other remedy in this Agreement in order to protect the public interest of the State; or if Grantee is debarred or suspended under §24- 109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date that the debarment or suspension takes effect. 40 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 15 of 24 Version C 01/29/2019 12.REMEDIES A.State’s Remedies If Grantee is in breach under any provision of this Agreement and fails to cure such breach, the State, following the notice and cure period set forth in §0, shall have all of the remedies listed in this section in addition to all other remedies set forth in this Agreement or at law. The State may exercise any or all of the remedies available to it, in its discretion, concurrently or consecutively. i.Termination for Breach In the event of Grantee’s uncured breach, the State may terminate this entire Agreement or any part of this Agreement. Additionally, if Grantee fails to comply with any terms of the Federal Award, then the State may, in its discretion or at the direction of a Federal Awarding Agency, terminate this entire Agreement or any part of this Agreement. Grantee shall continue performance of this Agreement to the extent not terminated, if any. a.Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all Work not cancelled by the termination notice, and may incur obligations as necessary to do so within this Contract’s terms. At the request of the State, Grantee shall assign to the State all of Grantee’s rights, title, and interest in and to such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee but in which the State has an interest. At the State’s request, Grantee shall return materials owned by the State in Grantee’s possession at the time of any termination. Grantee shall deliver all completed Work Product and all Work Product that was in the process of completion to the State at the State’s request. b.Payments Notwithstanding anything to the contrary, the State shall only pay Grantee for accepted Work received as of the date of termination. If, after termination by the State, the State agrees that Grantee was not in breach or that Grantee’s action or inaction was excusable, such termination shall be treated as a termination in the public interest, and the rights and obligations of the Parties shall be as if this Agreement had been terminated in the public interest under §2.D. c.Damages and Withholding Notwithstanding any other remedial action by the State, Grantee shall remain liable to the State for any damages sustained by the State in connection with any breach by Grantee, and the State may withhold payment to Grantee for the purpose of mitigating the State’s damages until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due Grantee as the State deems necessary to protect the State against loss including, without limitation, loss as a result of outstanding 41 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 16 of 24 Version C 01/29/2019 liens and excess costs incurred by the State in procuring from third parties replacement Work as cover. ii.Remedies Not Involving Termination The State, in its discretion, may exercise one or more of the following additional remedies: a.Suspend Performance Suspend Grantee’s performance with respect to all or any portion of the Work pending corrective action as specified by the State without entitling Grantee to an adjustment in price or cost or an adjustment in the performance schedule. Grantee shall promptly cease performing Work and incurring costs in accordance with the State’s directive, and the State shall not be liable for costs incurred by Grantee after the suspension of performance. b.Withhold Payment Withhold payment to Grantee until Grantee corrects its Work. c.Deny Payment Deny payment for Work not performed, or that due to Grantee’s actions or inactions, cannot be performed or if they were performed are reasonably of no value to the state; provided, that any denial of payment shall be equal to the value of the obligations not performed. d.Removal Demand immediate removal of any of Grantee’s employees, agents, or Subcontractors from the Work whom the State deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Agreement is deemed by the State to be contrary to the public interest or the State’s best interest. e.Intellectual Property If any Work infringes, or if the State in its sole discretion determines that any Work is likely to infringe, a patent, copyright, trademark, trade secret or other intellectual property right, Grantee shall, as approved by the State (i) secure that right to use such Work for the State and Contractor; (ii) replace the Work with noninfringing Work or modify the Work so that it becomes noninfringing; or, (iii)remove any infringing Work and refund the amount paid for such Work to the State. B.Grantee’s Remedies If the State is in breach of any provision of this Agreement and does not cure such breach, Grantee, following the notice and cure period in §0 and the dispute resolution process in §13 shall have all remedies available at law and equity. 13.DISPUTE RESOLUTION A.Initial Resolution Except as herein specifically provided otherwise, disputes concerning the performance of this Agreement which cannot be resolved by the designated Agreement representatives 42 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 17 of 24 Version C 01/29/2019 shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager designated by Grantee for resolution. B.Resolution of Controversies If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days, Grantee shall submit any alleged breach of this Agreement by the State to the Procurement Official of the State Agency named on the Cover Page of this Agreement as described in §24-101-301(30), C.R.S. for resolution following the same resolution of controversies process as described in §§24-109-106, and 24-109-101.1 through 24-109-505, C.R.S., (the “Resolution Statutes”), except that if Grantee wishes to challenge any decision rendered by the Procurement Official, Grantee’s challenge shall be an appeal to the executive director of the Department of Personnel and Administration, or their delegate, in the same manner as described in the Resolution Statutes before Grantee pursues any further action. Except as otherwise stated in this Section, all requirements of the Resolution Statutes shall apply including, without limitation, time limitations regardless of whether the Colorado Procurement Code applies to this Agreement. 14.NOTICES AND REPRESENTATIVES Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the principal representative of the designating Party. All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or registered mail to such Party’s principal representative at the address set forth below or (C) as an email with read receipt requested to the principal representative at the email address, if any, set forth on the Cover Page for this Agreement. If a Party delivers a notice to another through email and the email is undeliverable, then, unless the Party has been provided with an alternate email contact, the Party delivering the notice shall deliver the notice by hand with receipt required or by certified or registered mail to such Party’s principal representative at the address set forth on the Cover Page for this Agreement. Either Party may change its principal representative or principal representative contact information, or may designate specific other individuals to receive certain types of notices in addition to or in lieu of a principal representative, by notice submitted in accordance with this section without a formal amendment to this Agreement. Unless otherwise provided in this Agreement, notices shall be effective upon delivery of the written notice. 15.RIGHTS IN WORK PRODUCT AND OTHER INFORMATION A.Work Product i.Copyrights To the extent that the Work Product (or any portion of the Work Product) would not be considered works made for hire under applicable law, Grantee hereby assigns to the State, the entire right, title, and interest in and to copyrights in all Work Product and all works based upon, derived from, or incorporating the Work Product; all copyright applications, registrations, extensions, or renewals relating to all Work Product and all works based upon, derived from, or incorporating the Work Product; and all moral rights or similar rights with respect to the Work Product throughout the world. To the extent that Grantee cannot make any of the assignments required by this section, Grantee hereby grants to the State a perpetual, irrevocable, royalty-free license to use, modify, copy, publish, display, perform, transfer, distribute, sell, and create derivative works of the Work Product and all works based upon, derived from, 43 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 18 of 24 Version C 01/29/2019 or incorporating the Work Product by all means and methods and in any format now known or invented in the future. The State may assign and license its rights under this license. ii.Patents In addition, Grantee grants to the State (and to recipients of Work Product distributed by or on behalf of the State) a perpetual, worldwide, no-charge, royalty-free, irrevocable patent license to make, have made, use, distribute, sell, offer for sale, import, transfer, and otherwise utilize, operate, modify and propagate the contents of the Work Product. Such license applies only to those patent claims licensable by Grantee that are necessarily infringed by the Work Product alone, or by the combination of the Work Product with anything else used by the State. iii.Assignments and Assistance Whether or not Grantee is under contract with the State at the time, Grantee shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the State, to enable the State to secure patents, copyrights, licenses and other intellectual property rights related to the Work Product. The Parties intend the Work Product to be works made for hire. Grantee assigns to the State and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the Work Product and all works based on, derived from, or incorporating the Work Product. B.Exclusive Property of the State Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State Records, State software, research, reports, studies, photographs, negatives or other documents, drawings, models, materials, data and information shall be the exclusive property of the State (collectively, “State Materials”). Grantee shall not use, willingly allow, cause or permit Work Product or State Materials to be used for any purpose other than the performance of Grantee’s obligations in this Agreement without the prior written consent of the State. Upon termination of this Agreement for any reason, Grantee shall provide all Work Product and State Materials to the State in a form and manner as directed by the State. C.Exclusive Property of Grantee Grantee retains the exclusive rights, title, and ownership to any and all pre-existing materials owned or licensed to Grantee including, but not limited to, all pre-existing software, licensed products, associated source code, machine code, text images, audio and/or video, and third-party materials, delivered by Grantee under this Contract, whether incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Grantee Property”). Grantee Property shall be licensed to the State as set forth in this Contract or a State approved license agreement: (i) entered into as exhibits to this Agreement, (ii) obtained by the State from the applicable third-party vendor, or (iii) in the case of open source software, the license terms set forth in the applicable open source license agreement. 16.STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this section shall apply. Grantee agrees to be 44 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 19 of 24 Version C 01/29/2019 governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24- 106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of Agreement performance information in the State’s Agreement management system (“Contract Management System” or “CMS”). Grantee’s performance shall be subject to evaluation and review in accordance with the terms and conditions of this Agreement, Colorado statutes governing CMS, and State Fiscal Rules and State Controller policies. 17.GENERAL PROVISIONS A.Assignment Grantee’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Grantee’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B.Subcontracts Grantee shall not enter into any subgrant or subcontract in connection with its obligations under this Agreement without the prior, written approval of the State. Grantee shall submit to the State a copy of each such subgrant or subcontract upon request by the State. All subgrants and subcontracts entered into by Grantee in connection with this Agreement shall comply with all applicable federal and state laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of this Agreement. If the entity with whom Grantee enters into a subcontract or subgrant would also be considered a Subrecipient, then the subcontract or subgrant entered into by Grantee shall also contain provisions permitting both Grantee and the State to perform all monitoring of that Subcontractor in accordance with the Uniform Guidance. C.Binding Effect Except as otherwise provided in §17.A., all provisions of this Agreement, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective successors and assigns. D.Authority Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations have been duly authorized. E.Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. F.Counterparts This Agreement may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. G.Entire Understanding 45 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 20 of 24 Version C 01/29/2019 This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. H.Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Contract by reference. I.Modification Except as otherwise provided in this Agreement, any modification to this Agreement shall only be effective if agreed to in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted under this Agreement, other than Agreement amendments, shall conform to the policies issued by the Colorado State Controller. J.Statutes, Regulations, Fiscal Rules, and Other Authority. Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Effective Date of this Agreement. K.External Terms and Conditions Notwithstanding anything to the contrary herein, the State shall not be subject to any provision included in any terms, conditions, or agreements appearing on Grantee’s or a Subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in this Agreement. L.Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under this Agreement in accordance with the intent of this Agreement. M.Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement and shall be enforceable by the other Party. N.Taxes The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be liable for the payment of any excise, sales, or use taxes, regardless of whether any political 46 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 21 of 24 Version C 01/29/2019 subdivision of the state imposes such taxes on Grantee. Grantee shall be solely responsible for any exemptions from the collection of excise, sales or use taxes that Grantee may wish to have in place in connection with this Agreement. O.Third Party Beneficiaries Except for the Parties’ respective successors and assigns described in §17.A., this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to this Agreement, and do not create any rights for such third parties. P.Waiver A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any o ther or further exercise of such right, power, or privilege. Q.CORA Disclosure To the extent not prohibited by federal law, this Agreement and the performance measures and standards required under §24-106-107, C.R.S., if any, are subject to public release through the CORA. R.Standard and Manner of Performance Grantee shall perform its obligations under this Agreement in accordance with the professional standards of care, skill and diligence in Grantee’s industry, trade, or profession. S.Licenses, Permits, and Other Authorizations. Grantee shall secure, prior to the Effective Date, and maintain at all times during the term of this Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under this Agreement, and shall ensure that all employees, agents and Subcontractors secure and maintain at all times during the term of their employment, agency or Subcontractor, all license, certifications, permits and other authorizations required to perform their obligations in relation to this Agreement. T.Federal Provisions Grantee shall comply with all applicable requirements of Exhibit C at all times during the term of this Grant. 18.COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts except where noted in italics. A.STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B.FUND AVAILABILITY. §24-30-202(5.5), C.R.S. 47 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 22 of 24 Version C 01/29/2019 Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C.GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D.INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E.COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F.CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G.PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no 48 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 23 of 24 Version C 01/29/2019 insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H.SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. J.VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30- 202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39- 21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K.PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to 49 20-TRLG-140970 CTGG1 PMAA 2020*2061 DNR NonFed NonIG Grant Page 24 of 24 Version C 01/29/2019 Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E-Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv)shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5- 101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L.PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24- 76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24- 76.5-103, C.R.S. prior to the Effective Date of this Contract. 50 TOWN CLERK Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: August 27, 2019 RE: Estes Valley Board of Adjustment Appointment of Francis (Joe) Holtzman for a term expiring February 28, 2022 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the appointment recommended by the interview committee for the Estes Valley Board of Adjustment Present Situation: The Town Clerk’s Office advertised for a position on the Board to fill a vacancy which expired May 31, 2019. One application was received and the interview committee consisting of Trustees Cenac and Norris conducted an interview August 14, 2019. Proposal: The interview committee recommends the appointment of Francis (Joe) Holtzman to a three-year term expiring February 28, 2022. Joe Holtzman has lived in Estes Park for a number of years and assisted in the reconstruction of the Scott Ponds Natural Area. He has worked for over 45 years as an Operation Manager in manufacturing, inventory, operations, procurements, finance, and electronic commerce. Advantages: Filling the position would complete the five-member board. Disadvantages: If the appointment is not made, the position would remain vacant until the position could be re-advertised and interviews conducted. 51 Action Recommended: Appoint Joe Holtzman to the Estes Valley Board of Adjustment for a three-year term expiring February 28, 2022. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Francis (Joe) Holtzman to the Estes Valley Board of Adjustment for a three-year term expiring February 28, 2022. Attachments: None. 52 PUBLIC WORKS Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From:Vanessa Solesbee, Parking & Transit Manager Greg Muhonen, Public Works Director Date:August 27, 2019 RE:Ratification of the Intergovernmental Agreement with CDOT for 2019 Elkstang Bustang Service. PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Public Works seeks ratification of the Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for the 2019 “Elkstang” Bustang Service from Denver Union Station to the Estes Park Visitor Center. Present Situation: The Town of Estes Park, Rocky Mountain National Park (RMNP), and neighboring highways (US 34, US 36, and SH 7) experience intense traffic and parking congestion in the late summer and early fall. CDOT has goals to improve safety, mobility, access, and rural connectivity. The Town has goals to improve transportation choices and decrease the reliance on single occupancy vehicles in a sustainable way. To address their respective goals, CDOT and the Town are partnering to operate a pilot project that will provide limited transit commuter services from Denver Union Station to the Estes Park Visitor Center every Saturday and Sunday from Saturday, August 24, 2019 through Sunday, September 29, 2019. There will be two arrivals in Estes Park each day, at 8:55 a.m. and 9:55 a.m., along with two departures, at 3:00 p.m. and at 5:00 p.m. The cost of a roundtrip ticket is $10 and one -way tickets can be purchased as well. The Bustang vehicles have 55 total seats and are completely wheelchair accessible. Proposal: Public Works proposes ratification of the proposed IGA with CDOT that delineates each entity’s responsibilities for operation of a pilot project to provide limited transit commuter services from Denver Union Station to the Estes Park Visitor Center on Saturdays, Sundays and the national Labor Day holiday from August 24, 2019 through September 29, 2019 (a total of 13 service days in 2019).53 CDOT intends to pay for the Elkstang Bustang service with fare -box revenue (ticket sales) and state funds through Senate Bill 09-109 (FASTER funds). Advantages: •Increase transit options between Denver to the Town of Estes Park for residents, tourists and employees. •Reduce congestion on US 34, US 36, SH 7 and local roads by providing an alternative mode of transportation to Estes Park. •Improve safety by reducing the number of passenger vehicles on US 24, US 36, SH 7 and local roads. •Decrease passenger vehicle emissions. •Decrease number of vehicles needing to park within the Town of Estes Park. Disadvantages: •Potential for increased congestion at the Estes Park Visitor Center during Bustang arrival and departure times; however, Town staff has coordinated with Rocky Mountain Transit to minimize the impact to normal RMNP Hiker shuttle and Estes Transit service. •Limited public interest in the pilot could impact future efforts for investment in regional transportation infrastructure. Bustang ticket sales to date are strong. Action Recommended: PW staff recommend ratification of the IGA from the CDOT Division of Transit and Rail for 2019 Elkstang Bustang Service. Finance/Resource Impact: There is no anticipated financial impact for the Town of Estes Park beyond Town staff time to assist with 2019 Elkstang Bustang service promotion and logistics. Level of Public Interest Public interest is expected to be moderate based on support of this pilot program by the local community in Estes Park and by those in the North Front Range looking for public transportation to Estes Park. Sample Motion: I move for the approval/denial ratification of the IGA for 2019 Elkstang Bustang Service. Attachments: Intergovernmental Agreement for 2019 Elkstang Bustang Service (20 -HAA-ZH-03031, SAP # 471001476). 54 Page 1 of 10 (Operations) 20-HAA-ZH-03031 HQ DIVISION OF TRANSIT AND RAIL–vjm SAP # 471001476 2019 ELKSTANG BUSTANG SERVICE INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made this ___ day of ________________ 2019, by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION (“State” or “CDOT”), and the TOWN OF ESTES PARK (“Town” or “Local Agency”), 150 Central Main Street, Estes Park, CO 81003, CDOT Vendor #: 2000036. State and Local Agency shall be each be referred to as a “Party”, and collectively as “Parties”. This Agreement shall not be effective or enforceable until it is approved and signed by the Governor or his designee (“Effective Date”). RECITALS 1.Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 2.The Town and Rocky Mountain National Park, and neighboring highways US 34, US 36, and SH 7, experience intense traffic and parking congestion in late summer and early fall annually. 3.CDOT has goals to improve safety, mobility, access, and rural connectivity to transit services. 4.The Town has goals to decrease parking needs, increase visitation, and improve transportation choices to access the community. 5.The Parties desire to enter into this Agreement to delineate each one’s responsibilities for operation of a pilot project to provide limited transit commuter services from Denver Union Station to the Town and back during peak late summer and early fall congestion days. For the purposes of this Agreement this commuter transit service will be named “Elkstang.”, and is further detailed in Exhibit A; 6.The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1106, 43-2-103, 43-2-104, and 43-2-144 CRS, as amended, to enter into this Agreement with the Local Agency for the purpose of maintaining the interchange along a US highway system as hereinafter set forth; 7.The State and Local Agency have the resources to perform the Elkstang services as described in Exhibit A; 55 Page 2 of 10 THE PARTIES NOW AGREE THAT: Section 1. Scope of Work CDOT will operate Elkstang commuter services on Saturdays, Sundays and the national Labor Day holiday from August 24, 2019 through September 29, 2019. During 2019, the days of operation will be August 24, 25 & 31; September 1, 2, 7, 8, 14, 15, 21, 22, 28, 29 (the national Labor Day holiday is Monday, September 2, 2019), for a total of thirteen days of commuter transit service in 2019. CDOT will operate Elkstang commuter services for two round trips each day of operation originating from the Denver Union Station in downtown Denver. CDOT intends pay for Elkstang Services with both fare-box revenue (ticket sales) and state funds through Senate Bill 09-108 funds (annual FASTER funds). The estimated cost of operations and maintenance expenses to provide 13 days of Elkstang commuter services in 2019 is $38,610.00. The maximum fare-box revenue estimated to be collected for Elkstang commuter services in 2019 is $13,260.00. CDOT will be responsible for selling tickets and collecting fares for riders on the pilot Elktang transit project. This fare-box revenue will remain in the possession of CDOT and be utilized to offset the cost of the pilot project. The purpose of the Elkstang project is to: A.Increase transit options between Denver to the Town of Estes Park for residents, tourists and employees. B.Connect Elkstang to two local transit routes in the Town of Estes Park: (a) the Estes Park Free Shuttle and (b) the Rocky Mountain National Park Hiker Shuttle Express Route. C.Connect Elkstang to RTD’s services at the multi-modal Denver Union Station and at the US 36 and Sheridan Blvd. Park and Ride. D.Reduce congestion on US 34, US 36, SH 7 and local roads by providing an alternative mode of transportation to Estes Park. E.Improve safety by reducing the number of passenger vehicles on US 24, US 36, SH 7 and local roads. F.Decrease passenger vehicle emissions. G.Decrease number of vehicles needing to park within the Town of Estes Park. H.Provide for increased visitation to the Town of Estes Park. I.Provide for economic development. Section 2. CDOT Commitments CDOT, at its own expense, shall be responsible for performing the following: For each scheduled round-trip service, CDOT will provide a transit coach bus for 51 passengers and up to 4 bicycles. Passengers may reserve a space on the bicycle carrier. Each bus can hold two bicycles on the front of the bus and another two in the under-coach storage area. The bus is wheelchair accessible. The vehicle will provide free Wi-Fi and an onboard rest room. CDOT will provide a driver through a contract with Ace Express. 56 Page 3 of 10 CDOT will operate Elkstang commuter services for two round trips each day of operation originating from the Denver Union Station in downtown Denver. A round trip ticket will cost each passenger $10.00. The Elkstang transit service shall make a 10-minute stop at the RTD-Sheridan and US 36 Park and Ride. CDOT has an existing access agreement with the Regional Transportation District (RTD). RTD has provided permission for the Elkstang commuter service to use Gate C at US 36 and Sheridan for eastbound trips and Gate E for westbound trips. RTD has provided permission for Elkstang commuter services to use Gate B4 at Denver Union Station. The transit service shall arrive at the Town of Estes Park Visitor’s Center located at 500 Big Thompson Avenue, Estes Park, CO. CDOT shall also: Provide Elkstang bus and driver operations; Create digital ticketing through a Bustang mobile/smart phone application and through a CDOT Bustang website; Implement public communications and marketing strategies on CDOT’s website, Linked In, Facebook and Twitter accounts; As part of the communications, CDOT will host a “kick-off” event for Elkstang transit services; Create Elkstang signs for installation at Denver Union Station, US 36 and Sheridan Park and Ride and the Town of Estes Park Visitors Center; and Track Elkstang ridership data and report it to the Town of Estes Park, RTD, and the Colorado Transportation Commission. CDOT will contract with ACE Express, LCC to operate Elkstang transit services. ACE Express, LCC will provide insurance and will name CDOT, RTD, and the Town of Estes Park as additional insureds. Section 3. Local Agency Commitments The Local Agency, at its own expense, shall be responsible for the following: Provide permission and a dedicated location for Elkstang to drop off and pick up its passengers at the Estes Park Visitors Center; Provide for driver and passenger use of restroom facilities at the Estes Park Visitors Center; Provide for daily Elkstang bus storage at the Estes Park Visitor Centers Parking Garage on the days of the CDOT-provided Elkstang commuter services in 2019; Market the 2019 Elkstang commuter services for destination ridership and for reverse ridership; Create a link to CDOT’s Elkstang commuter services on the Town of Estes Park’s website; Continue public operations of the Estes Transit Free Shuttle on weekend days and the national Labor Day holiday from August 24, 2019 through September 29, 2019; Install Elkstang signs at the Estes Park Visitors Center advertising CDOT’s Elkstang commuter services and the locations of the Estes Park Visitor Center’s gates for Elkstang 57 Page 4 of 10 access prior to the 2019 Elkstang transit program and continuing through the duration thereof; Provide Bustang passenger parking at the Estes Park Visitor Center Parking Garage; and Post the 2019 Elkstang transit service bus schedule information (see Exhibit A) at the Estes Park Visitors Center prior to the 2019 Elkstang transit program and continuing through the duration thereof. Section 4. Term and Termination Provisions This Agreement shall be in effect only after it is executed by both Parties. The Agreement will remain in effect until December 31, 2019, or until this Agreement is terminated in accordance with the requirements of this Section 4 and both Parties agree to terminate, whichever is sooner. Termination for Cause. If, through any cause, either Party shall fail to fulfill its obligations under this Agreement, or if either Party shall violate any of the covenants, agreements, or stipulations of this Agreement, either Party shall thereupon have the right to terminate this Agreement for cause by giving written notice to the other Party of its intent to terminate and giving at least three (3) days opportunity to cure the default or show cause why termination is otherwise not appropriate. Section 5. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this Agreement and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind the Local Agency to its terms. The person(s) executing this Agreement on behalf of the Local Agency warrants that such person(s) has full authorization to execute this Agreement. Section 6. Representatives and Notice The State will provide liaison with the Local Agency through the State's Director of the Division of Transit and Rail, CDOT HQ, 2829 West Howard Place, 4th Floor, Denver, Colorado 80204, (303) 757-9008, david.krutsinger@state.co.us. Said Director will also be responsible for coordinating the State's activities under this Agreement. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State’s Division of Transit and Rail and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either Party may from time to time designate in writing new or substitute representatives. If to State: If to the Local Agency: Michael Timlin Vanessa Solesbee, Parking & Transit Mgr. Bustang Operations Program Mgr. Town of Estes Park CDOT DTR Estes Park Visitor Center 2829 W. Howard Place P.O. Box 1200 Denver, CO 80204 Estes Park, CO 80517 58 Page 5 of 10 (303) 757-9548 (970) 577-3957 michael.timlin@state.co.us vsolesbee@estes.org or: Maria Johnson Bus Operations Specialist-Bustang CDOT DTR 2829 W. Howard Place Denver, CO 80204 (303) 512-4609 maria.johnson@state.co.us Section 7. Successors Except as herein otherwise provided, this Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. Section 8. Governmental Immunity Notwithstanding any other provision of this Agreement to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., CRS, as now or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of §24-10-101, et seq., CRS, as now or hereafter amended and the risk management statutes, §§24 -30-1501, et seq., CRS, as now or hereafter amended. Section 9. Severability To the extent that this Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 10. Waiver The waiver of any breach of a term, provision, or requirement of this Agreement shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 11. Modification and Amendment A. This Agreement is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this 59 Page 6 of 10 Agreement shall be effective unless agreed to in writing by both Parties in an amendment to this Agreement that is properly executed and approved in accordance with applicable law. B. Either party may suggest renegotiation of the terms of this Agreement, provided that the Agreement shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the Parties agree to change the provisions of this Agreement, the renegotiated terms shall not be effective until this Agreement is amended/modified accordingly in writing. Section 12. Disputes Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the Agreement in accordance with the Chief Engineer’s decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this Agreement, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. Section 13. Sub-Local Agencies The Local Agency may subcontract for any part of the performan ce required under this Agreement, subject to the Local Agency first obtaining approval from the State for any particular Sub-local Agency. The State understands that the Local Agency may intend to perform some or all of the services required under this Agreement through a Sub-local Agency. The Local Agency agrees not to assign rights or delegate duties under this Agreement [or subcontract any part of the performance required under the Agreement] without the express, written consent of the State [which shall not be unreasonably withheld]. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding only upon the Parties hereto and their respective successors and assigns. Section 14. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous addition, deletion, or other amendment hereto shall not have any force or affect whatsoever, unless embodied herein. Section 15. Third Party Beneficiaries 60 Page 7 of 10 Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 61 Page 8 of 10 SPECIAL PROVISIONS Section 16. The Special Provisions apply to all Agreements except where noted in italics A.STATUTORY APPROVAL. §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24 -37.5-102(2.6), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B.FUND AVAILABILITY. §24-30-202(5.5), C.R.S. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C.GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24 -10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. D.INDEPENDENT CONTRACTOR Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E.COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F.CHOICE OF LAW, JURISDICTION, AND VENUE. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G.PROHIBITED TERMS. Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that co nflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under th is section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H.SOFTWARE PIRACY PROHIBITION. State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without 62 Page 9 of 10 limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I.EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. J.VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4, C.R.S. [Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for: (i) unpaid child support debts or child support arrearages; (ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and (v) other unpaid debts owing to the State as a result of final agency determination or judicial action. The State may also recover, at the State’s discretion, payments made to Contractor in error for any reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Contractor by deduction from subsequent payments under this Contract, deduction from any payment due under any other contracts, grants or agreements between the State and Contractor, or by any other appropriate method for collecting debts owed to the State. K.PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq., C.R.S. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program or the State verification program established pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (i) shall not use E- Verify Program or the program procedures of the Colorado Department of Labor and Employment (“Department Program”) to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency or institution of higher education within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8- 17.5-102(5), C.R.S., by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or §§8-17.5-101, et seq., C.R.S., the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated, Contractor shall be liable for damages. L.PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101, et seq., C.R.S. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that Contractor (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24-76.5-101, et seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103, C.R.S. prior to the Effective Date of this Contract. 63 Page 10 of 10 THE PARTIES HERETO HAVE EXECUTED THIS INTERGOVERNMENTAL AGREEMENT * Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on the Local Agency’s behalf and acknowledge that the State is relying on their representations to that effect. LOCAL AGENCY: STATE OF COLORADO: Jared S. Polis, GOVERNOR TOWN OF ESTES PARK ______________________________ ___________________________________ Signature of Authorized Officer By: Joshua Laipply, PE, Chief Engineer For Shoshana M. Lew, Executive Director, Colorado Department of Transportation _____________________________ Print Name & Title of Authorized Officer Date: _______________________ 2000306 CDOT Vendor Number LOCAL AGENCY: (A Local Agency attestation is required.) Attest (Seal) By ______________________________ (Town/City/County Clerk) (Place Local Agency seal here, if available) In accordance with §24-30-202 C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Department of Transportation Effective Date:_____________________ 64 Exhibit A - Page 1 of 4 Exhibit A - Scope of Work PROJECT SCOPE OF WORK AND LOCATION: This pilot project will provide for limited transit commuter services from Denver Union Station to the Town of Estes Park during peak summer congestion days. For the purposes of this Intergovernmental Agreement (IGA) the commuter transit service will be named “Elkstang.” The purpose of the Elkstang project is to: A.Increase transit options between Denver to the Town of Estes Park for residents, tourists and employees. B.Connect Elkstang to two local transit routes in the Town of Estes Park: (a) the Estes Park Free Shuttle and (b) the Rocky Mountain National Park Hiker Shuttle Express Route. C.Connect Elkstang to RTD’s services at the multi-modal Denver Union Station and at the Us 36 and Sheridan Blvd. Park and Ride. D.Reduce congestion on US 34, US 36, SH 7 and local roads by providing an alternative mode of transportation to and from Estes Park. E.Improve safety by reducing the number of passenger vehicles on US 24, US 36, SH 7 and local roads. F.Decrease passenger vehicle emissions. G.Decrease number of vehicles needing to park within the Town of Estes Park. H.Provide for increased visitation to the Town of Estes Park I.Provide for economic development. VEHICLE AND OPERATIONS: For each scheduled round-trip service, CDOT will provide a transit coach bus for 51 passengers and up to 4 bicycles. The bus is wheelchair accessible. The vehicle will provide free Wi-Fi and an onboard rest room. CDOT will provide a driver through a contract with Ace Express. CDOT will operate Elkstang commuter services for two round trips each day of operation originating from the Denver Union Station in downtown Denver. A round trip ticket will cost a passenger $10.00. Passengers may reserve a space on the bike carrier. Each bus can hold 2 bikes on the front of the bus and another two (2) in the under-coach storage area. The transit service shall make a 10-minute stop at the RTD-Sheridan and US 36 Park and Ride. CDOT has an existing IGA with the Regional Transportation District (RTD). RTD has provided permission for the Bustang service to use Gate C at US 36 and Sheridan for eastbound trips and Gate E for westbound trips. RTD has provided permission (written email on July 3, 2019) for using Gate B4 at Denver Union Station. The transit service shall arrive at the Town of Estes Park Visitor’s Center located at 500 Big Thompson Avenue, Estes Park. Elkstang commuter services will operate for thirteen total days in 2019 according to the following schedule: 65 Exhibit A - Page 2 of 4 Table 1: Schedule for Elkstang Pilot Transit Services NORTHBOUND (read down) Run # 201 Run # 203 Denver Union Station – Bus Concourse Gate B3 Leave 07:00 AM 08:00 AM Sheridan Blvd. & U.S. 36 Station Leave 07:30 AM 08:30 AM Estes Park – Visitor Center – 500 Big Thompson Ave. Arrive 08:55 AM 0:9:55 AM SOUTHBOUND (read down) Run # 200 Run # 202 Estes Park – Visitor Center – 500 Big Thompson Ave. Leave 03:00 PM 05:00 PM Sheridan Blvd. & U.S. 36 Station Leave 04:25 PM 06:25 PM Denver Union Station – Bus Concourse Gate Arrive 04:55 PM 06:55 PM PROJECT TERM: CDOT will operate Elkstang commuter services on Saturday, Sundays and a national holiday from August 23, 2019 through September 29, 2019. During 2019, the days of operation will be August 24, 25 & 31; September 1, 2, 7, 8, 14, 15, 21, 22, 28, 29. The national holiday is Monday, September 2, Labor Day. This amounts to 13 days of commuter transit service. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 66 Exhibit A - Page 3 of 4 PARKING AREA MAPS 67 Exhibit A - Page 4 of 4 68 PROCEDURE FOR PUBLIC HEARING Applicable items include: Rate Hearings, Code Adoption, Budget Adoption 1.MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM #1.A. ORDINANCE 05-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE "PARK AND RECREATION FACILITIES" USE REVISING THE DEFINITION, REVISING THE PERMITTED USE TABLES, AND ADDING SPECIFIC USE STANDARDS.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, public comment, and written comments received on the application.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT.  Review the staff report. 3.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the Ordinance. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 4. MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the Ordinance which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the Ordinance.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 69 7.SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. 70 9/3/2019 1 LARIMER COUNTY REGIONAL NEEDS IT’S ABOUT PEOPLE AUGUST 2019 IT’S ABOUT PEOPLE BACKGROUND WORK SESSION Current Situation What’s Been Done What’s Proposed Next Steps 1 2 9/3/2019 2 IT’S ABOUT PEOPLE CURRENT SITUATION Transportation Needs •Survey results show transportation as a top priority •Existing funding is inadequate •Congestion grows with demand fueled by regional housing affordability Facility Needs •County services are regional •Facilities Master Plan shows $584 million needs over next 20 years •County has stretched existing resources as far as possible IT’S ABOUT PEOPLE CURRENT SITUATION Only 16% of people who responded to the 2018 City of Fort  Collins Community Survey rated the level of traffic  congestion as either very good or good. 34,599 47% 38,772 53% Workers in Fort Collins 73,371 Work and Live in Fort Collins Work in Fort Collins, Live Elsewhere 34,599 51% 32,586 49% Working Residents of Fort Collins  67,185 Live and Work in Fort Collins Live Elsewhere and Work in Fort Collins Data from: https://onthemap.ces.census.gov/ 3 4 9/3/2019 3 IT’S ABOUT PEOPLE CURRENT SITUATION Only 16% of people who responded to the 2018 City of Fort  Collins Community Survey rated the level of traffic  congestion as either very good or good. 7,608 25% 22,772 75% Working Residents of Loveland 30,380 Live and Work in Loveland Live in Loveland and Work Elsewhere 34,599 51% 32,586 49% Working Residents of Fort Collins  67,185 Live and Work in Fort Collins Live in Fort Collins and Work Elsewhere Data from: https://onthemap.ces.census.gov/ IT’S ABOUT PEOPLE WHAT’S BEEN DONE Transportation •Regional Effort Initiated early in 2018 •Technical Advisory Committee •Regional Task Force •Process •Identified Priority Projects •Established Rating Criteria •Scored all Projects •Developed Multi-Tiered Prioritized List Facilities •County Facilities Master Plan highest priority needs •Invitation to tour critical services extended to all Councilors/Trustees 5 6 9/3/2019 4 Half‐Penny County‐Wide for 20 Years •Collected Using County Exemptions for Food and Medicine •Estimated to Generate Approximately $32 million in first year First $10 million to I‐25 Seed  Money for Gap from SH402 to  SH66 ‐‐ $2M in each of first 5 yrs. 15‐20% of Half Penny Transit (including  operations) 35% of Half Penny Veterans/Safety/Human  Services Facilities 45‐50% of Half Penny Complete  Streets/Roads Half‐Penny County‐Wide for 20 Years •Collected Using County Exemptions for Food and Medicine •Estimated to Generate Approximately $32 million in first year First $10 million to I‐25 Seed  Money for Gap from SH402 to  SH66 ‐‐ $2M in each of first 5 yrs. 15‐20% of Half Penny Transit (including  operations) 35% of Half Penny Veterans/Safety/Human  Services Facilities 45‐50% of Half Penny Complete  Streets/Roads 7 8 9/3/2019 5 Policy Council •2/3 Affirmative Vote Required for Approval •Weighted Vote Available if Requested by Any Member •Tables Item Until Next Meeting •Votes Assigned Based on Population Distribution •5 for Fort Collins •3 each for Loveland and Larimer County •1 each for all other municipalities •Simple Majority Required for Approval Technical Advisory Committee Complete Streets/Roads •Equal Membership All Participants •2/3 Affirmative Vote Required for  Approval Technical Advisory Committee Transit •Membership Weighted based on Agency  Commitment to Transit •Commitment Evidenced by Agency’s  Dedication of Resources to Transit per  Capita •More Definition Needed to Finalize Votes IT’S ABOUT PEOPLE PROJECT PRIORITIES OVER TIME Balancing Intensions and Goals of Tax • Regional Mobility is Central Goal for Revenue • Incentivizing Supplemental Funding is Desirable • Supporting Earlier Construction is Desirable • Fairness Among All Partners Builds Trust Infrastructure Projects •Tier 1 and Tier 2 Differences •Project Substitutions •Project Reimbursements Transit Projects •Governance •Flexibility in Project Identification and Prioritization 9 10 9/3/2019 6 IT’S ABOUT PEOPLE NEXT STEPS Commissioners placed ballot question for November 2019 election IGAs and By-Laws with All Municipalities •Governance •Similar to Solid Waste and Behavioral Health •Structure recommended by Technical Advisory Committee •Flexibility in Project Identification and Prioritization •Tier 1 and Tier 2 Differences •Project Substitutions and Reimbursements •More definition of transit services priorities •If ballot measure passes, Agreements adopted in January 2020 IT’S ABOUT PEOPLE Larimer County Loveland Campus, 2018 Insert Picture Here 11 12 Ctci‘.94-,wtc>-0-cc(ohflciCCcu2E4-..-4-1CO_)-1_ciaxao>rowCoc—ci..’ow••LnI...Vi00U4)Iov.).0-toCmED>‘.=ViC—C0-4-S-—cflcO9-C0o2j•_o0>0N4-JI.LflWWm>tflCC00ViCo0o—000LflO+-’tUtnCCNC0I(00-/ Policy Council •2/3 Affirmative Vote Required for Approval •Weighted Vote Available if Requested by Any Member •Tables Item Until Next Meeting •Votes Assigned Based on Population Distribution •5 for Fort Collins •3 each for Loveland and Larimer County •1 each for all other municipalities •Simple Majority Required for Approval Technical Advisory Committee Complete Streets/Roads •Equal Membership All Participants •2/3 Affirmative Vote Required for Approval Technical Advisory Transit Committee I •Membership Weighted based on Agency Commitment to Transit •Commitment Evidenced by Agency’s Dedication of Resources to Transit per Capita •More Definition Needed to Finalize Votes REGIONALTRANSPORTATION•Fundingforimprovementsto1-25fromSH402toSH66•Expandandimprovemajorstreetsincitiesandtowns•Increasedcapacityofroadsconnectingcommunities•Improvedalternativemodesoftransportationincludingbikelanes,trails,sidewalks,etc.•EnhancedpublictransportationservicetoreducecongestionImprovedcustomerserviceIncreasedprivacyandsecurityCommunitymeetingspacejfl‘LajFormoreinformation,visitIarimer.org/halfpenny4larimer COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: August 27, 2019 RE: Ordinance No. 05-19: Amending the Estes Valley Development Code Regarding the “Park and Recreation Facilities” Use, Revising the Definition, Revising the Permitted Use Tables, and Adding Specific Use Standards (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Update: This Code Amendment was reviewed by the Town Board at their April 9, 2019 hearing. At that time, the Board continued the Code Amendment to May 28, 2019 and directed staff to inventory existing uses in the Estes Valley that may be impacted if the Code Amendment were approved. The inventory, researched and written by Claire Kreycik, Planning Technician, was attached to the May 28 staff report. At the May 28th hearing, the Board directed staff to revise the code amendment. The code amendment in the May 28 draft did not allow a “Private” Park and Recreation Facility in a Residential Zoning District, although any existing such use would be allowed to continue under specific conditions through being “grandfathered” per Chapter 6 of the EVDC. At issue was that a grandfathered use is not able to be altered or extended. Some discussion among Town Board members indicated concern about that approach, which would’ve essentially limited any existing, grandfathered use from growth or expansion. On May 28th, the Board continued the code amendment hearing to the July 23, 2019 meeting. In the meantime, a discussion of the Park and Recreation Facilities use was scheduled and took place at the Board’s July 9, 2019 Study Session. There, staff indicated to the Board that the code amendment could be revised to allow Park and Recreation Facilities as a “Special Review” use in Residential Zoning Districts. Estes Valley Planning Commission (EVPC) Chairman Robert Leavitt spoke, offering concerns with that approach. Discussion among Board members indicated interest in drafting further revisions to the code amendment and providing some additional information as well. 71 2 With that, the staff report on July 23 contained three different approaches to the code amendment. These three were “Exhibit A [Red],” “Exhibit A [Blue],” and “Exhibit A [Green].” At that time, the Town Board requested some revisions to “Exhibit A [Green],” specifically in Section 5.1.W.2., regarding uses identified as Private Park and Recreation Facilities uses, proposed as Special Review uses in Residential Zoning Districts. “Hunting (with appropriate licensing or permitting, and in accordance with other regulations pertaining to hunting activities” and also, “Overnight Camping, with Facilities for Ten or Fewer Participants” were included within “Exhibit A [Green]” on July 23, as S2 Special Review uses allowed in Residential Zoning Districts. These have been deleted from the list due to various complications and issues that have been identified, due to existing and possibly conflicting Town Ordinances, etc. In recent discussion with Estes Police staff, it was discovered that there is no hunting, including bow hunting, allowed within the Town of Estes Park. There is also an Ordinance prohibiting overnight camping. The Board did not indicate they were interested in approving “Exhibit A [Blue],” which proposed allowing Private Park and Recreation Facilities in Residential Districts as an “S1” level, Special Review use. Therefore, staff has not included this proposal in this current staff report. Direction given to staff on July 23 was primarily to revise “Exhibit A [Green].” “Exhibit A [Green]” has now been slightly revised and is called “Exhibit A [Violet].” This current proposal now includes the initial “Exhibit A [Red]” and a second proposal, “Exhibit A [Violet].” “Exhibit A [Violet]” is nearly identical to “Exhibit A [Green]” presented on July 23, except staff has deleted “Camping” and “Hunting” from Section 5.1.W.2, as explained above. 1.Exhibit A [Red]. The initial draft code amendment was drafted by Chairman Leavitt and recommended for approval by the EVPC at their March 2019 meeting. The first hearing by the Town Board was on April 9. This categorizes the Park and Recreation Facilities use as either “Public” or “Private,” with the “Public” Park and Recreation Facilities being allowed as a use-by-right in all Residential, A, A-1, CD, CO, and O Nonresidential zoning districts, with a Location and Extent Review. “Private” Park and Recreation Facilities are listed in this draft as “Prohibited” in all Residential zoning districts, and allowed as a use- by-right in A, A-1, CD, CO, and O Nonresidential zoning districts. See Ordinance (Attachment 1), and Exhibit A [Red] (Attachment 2). 2.Exhibit A [Violet]. This is similar to Nos. 1 and 2, above, in that it takes the approach of differentiating “Public” and “Private” Park and Recreation Facilities. However, this adds a subsection to Chapter 5 of the EVDC specifying that only certain uses are allowed as Park and Recreation Facilities in Residential Zoning. Those uses require approval of an “S2” level Special Review. This Exhibit is, as explained above a slightly revised version of “Exhibit A [Green]” presented on July 23. See Attachment 3. Objective: The general objective is to amend the Estes Valley Development Code (EVDC) regarding the “Park and Recreation Facilities” Use. The initial proposal, described under No. 1, above, under “Update,” was the recommendation of the EVPC at their March meeting. However, staff understands the Town Board may choose to pursue this code amendment through the “Exhibit A [Violet]” proposal, or another alternative as yet unknown. 72 3 Present Situation: The existing “Park and Recreation Facilities” use is currently allowed as a use-by-right in all residential, and all but two of the non-residential zoning districts in the EVDC. This became a significant issue with a Development Plan application and approval for a “Recreation Facility” use that was allowed as a use-by-right in an RE-1, Rural Estate zoned area of the Estes Valley. With the concerns that were raised with that proposal, the Town of Estes Park Board of Trustees and the Larimer Board of County Commissioners imposed a moratorium on the acceptance and processing of any development applications for Park and Recreation Facilities in residential zoning districts within the Estes Valley Development Code Planning Area. This moratorium is currently through September 19, 2019. During that time, the Boards have directed staff to amend the EVDC, to where the “Park and Recreation Facilities” use would be better clarified and defined, and where potential further issues could be avoided. Proposal: The code amendment initially presented to the Town Board, which was recommended for approval by the EVPC, is to amend the “Park and Recreation Facilities” use in the EVDC with revisions to Chapter 13, Definitions, Chapter 4 (Tables 4 – 1 and 4 – 4), and Chapter 5, Use Regulations as described herein and as specified on the attached Exhibit A [Red]. This proposal differentiates Park and Recreation Facilities as public or private, rather than commercial or noncommercial. Staff Comment: Some correspondence and discussion received by staff have recommended the code amendment include additional restrictions on Park and Recreation Facilities uses in Residential Zoning Districts. In staff’s judgement, additional restrictions are appropriately addressed in the Special Review process, on a site-specific, case-by-case basis. Advantages: •Generally complies with the EVDC §3.3.D Code Amendments, Standards for Review. •Clarifies and better defines the “Park and Recreation Facilities” use. Disadvantages: •Adds slightly to Code length and complexity. •Some existing Park and Recreation Facility uses may become nonconforming. •Some citizens have expressed a preference to prohibit all Private Park and Recreation Facilities in residential zoning districts per Exhibit A [Red}. Action Recommended: The Estes Valley Planning Commission, at their March 19, 2019 meeting, forwarded a recommendation of approval of the Code Amendment (“Exhibit A [Red]”), by a vote of 6 – 0. Staff recommends approval of the Code Amendment in Attachment 3, “Exhibit A [Violet].” Finance/Resource Impact: N/A 73 4 Level of Public Interest High. Public comment has been received. Written comments have been received for this proposal. All written comments are posted to: www.estes.org/currentapplications. Sample Motions: Step 1: Substitute the Exhibit I move to amend the ordinance by substituting Exhibit A [Violet] for the Exhibit A originally presented. Step 1: Main Motion I move that the Town Board of Trustees approve the Estes Valley Development Code amendment as stated in Ordinance No. 05-19, including findings as identified in the Ordinance. I move that the Town Board of Trustees deny the Estes Valley Development Code amendment as stated in Ordinance No. 05-19, finding that… [state findings for denial] I move that the Town Board of Trustees continue the Estes Valley Development Code amendment as stated in Ordinance No. 05-19 to [date certain], in order that… [state direction to staff pursuant to continuance] Attachments: 1.Ordinance No. 05-19: Amending the Estes Valley Development Code Regarding the “Park and Recreation Facilities” Use, Revising the Definition, Revising the Permitted Use Tables, and Adding Specific Use Standards. 2.Exhibit A [Red] – April 9, 2019 Town Board Version EVDC, Section 13.4, Definition EVDC, Table 4 – 1 and 4 – 4 (Excerpts of Full Tables) EVDC, Section 5.1, Specific Use Standards 3.Exhibit A [Violet] – August 27, 2019 Town Board Version EVDC, Section 13.4, Definition EVDC, Table 4 – 1 and 4 – 4 (Excerpts of Full Tables) EVDC, Section 5.1, Specific Use Standards 74 ORDINANCE NO. 05-19 AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING THE “PARK AND RECREATION FACILITIES” USE, REVISING THE DEFINITION, REVISING THE PERMITTED USE TABLES, AND ADDING SPECIFIC USE STANDARDS WHEREAS, on March 19, 2019, the Estes Valley Planning Commission conducted a public hearing on a proposed text amendment to the Estes Valley Development Code REGARDING THE “PARK AND RECREATION FACILITIES” USE, REVISING THE DEFINITION, REVISING THE PERMITTED USE TABLES, AND ADDING SPECIFIC USE STANDARDS, and found that the text amendment complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review; and WHEREAS, on March 19, 2019, the Estes Valley Planning Commission voted to recommend approval of the text amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review and has determined that it is in the best interest of the Town that the amendment to the Estes Valley Development Code, as set forth on Exhibit A, be approved; and WHEREAS, said amendment to the Estes Valley Development Code is set forth on Exhibit A, attached hereto and incorporated herein by this reference: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit A. 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 _______________, 2019. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 75 I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2019 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2019, all as required by the Statutes of the State of Colorado. Town Clerk 76 EXHIBIT A [Red] § 13.2 - USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES C.Use Classification/Specific Use Definitions and Examples. This Section sets forth specific use classifications in alphabetical order. A general definition is typically provided for each use classification, and in many instances examples are provided of specific uses that fall within the broader use classification. When a specific use example is provided, the example should satisfy both the broader classification's general definition as well as the definition of the specific use, if provided. Finally, the text may provide specific examples of uses that are not included in a particular use classification (referred to in the text as "exceptions"). 34.Park and Recreation Facilities. Parks, playgrounds, recreation facilities and open spaces. This classification includes public parks, cemeteries, public squares, plazas, playgrounds, ballfields, public recreation areas, nonprofit botanical gardens and nature preserves. Golf courses are classified separately as a recreational use. (Ord. 17-17, § 1(Exh. F)) 34.Park and Recreation Facilities. a.Park and Recreation Facilities – Public. Publicly owned parks, playgrounds, recreation facilities and open spaces. Ownership is through public entities such as federal, state, county and municipal government or a public recreation district. Golf courses are classified separately as a recreational use. b.Park and Recreation Facilities – Private. Privately owned and operated parks, playgrounds, recreation facilities and open spaces. Golf courses are classified separately as a recreational use. 77 Exhibit A [Red] § 4.3 - Residential Zoning Districts B.Table 4-1: Permitted Uses: Residential Zoning Districts. Table 4-1 Permitted Uses: Residential Zoning Districts Use Classification Specific Use Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated ) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited RE- 1 RE E- 1 E R R- 1 R- 2 RM INSTITUTIONAL, CIVIC AND PUBLIC USES Park and Recreation Facilities P P P P P P P P §3.13, Location & Extent Review Park and Recreation Facilities - Public P P P P P P P P §3.13, Location & Extent Review Park and Recreation Facilities - Private __ __ __ __ __ __ __ __ 78 Exhibit A [Red] § 4.4 - Nonresidential Zoning Districts B.Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Use Classification Specific Use Nonresidential Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited A A-1 CD CO O CH I-1 INSTITUTIONAL, CIVIC & PUBLIC USES Park and Recreation Facilities P P P P P — — §3.13, Location & Extent Review Park and Recreation Facilities – Public P P P P P — — §3.13, Location & Extent Review Park and Recreation Facilities – Private P P P P P — — 79 Exhibit A [Red] CHAPTER 5. - USE REGULATIONS § 5.1 - SPECIFIC USE STANDARDS This Section contains regulations that apply to specific uses or classes of uses. W.Park and Recreation Facilities. Park and Recreation Facilities shall be divided into two classifications: Public, and Private, as defined in the EVDC Section 13.2.C.34.a. and 13.2.C.34.b. 1.Public Park and Recreation Facilities include traditional public parks, cemeteries, public squares, plazas, playgrounds, ballfields, nature preserves, botanical gardens, and other indoor and outdoor recreation facilities owned by public entities such as federal, state, county and municipal government or a recreation district. Temporary commercial and non-commercial uses are allowed through a temporary use permit as specified in EVDC Section 5.3. Public Park and Recreation Facilities are permitted in most zoning districts as listed in Tables 4 – 1 and 4 – 4. Public Park and Recreation Facilities in non-residential zoning districts may have private concessions and rental arrangements for use of facilities therein. Public Park and Recreation Facilities in residential zoning districts are not permitted to have private concessions and rental arrangements for facilities therein. A Location and Extent Review is required to establish or modify a Public Park and Recreation Facility. 2.Private Park and Recreation Facilities include privately owned and operated commercial and non-commercial parks, playgrounds, ballfields, nonprofit botanical gardens, nature preserves, cemeteries and other private indoor and outdoor recreation facilities. Private Park and Recreation Facilities are not permitted in residential zoning districts (See Table 4 – 1). Passive open space is allowed in residential zoning districts. 80 EXHIBIT A [Violet] § 13.2 - USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES C.Use Classification/Specific Use Definitions and Examples. This Section sets forth specific use classifications in alphabetical order. A general definition is typically provided for each use classification, and in many instances examples are provided of specific uses that fall within the broader use classification. When a specific use example is provided, the example should satisfy both the broader classification's general definition as well as the definition of the specific use, if provided. Finally, the text may provide specific examples of uses that are not included in a particular use classification (referred to in the text as "exceptions"). 34.Park and Recreation Facilities. Parks, playgrounds, recreation facilities and open spaces. This classification includes public parks, cemeteries, public squares, plazas, playgrounds, ballfields, public recreation areas, nonprofit botanical gardens and nature preserves. Golf courses are classified separately as a recreational use. (Ord. 17-17, § 1(Exh. F)) 34.Park and Recreation Facilities. a.Park and Recreation Facilities – Public. Publicly owned parks, playgrounds, recreation facilities and open spaces. Ownership is through public entities such as federal, state, county and municipal government or a public recreation district. Golf courses are classified separately as a recreational use. b.Park and Recreation Facilities – Private. Privately owned and operated parks, playgrounds, recreation facilities and open spaces. Golf courses are classified separately as a recreational use. 81 Exhibit A [Violet] § 4.3 - Residential Zoning Districts B.Table 4-1: Permitted Uses: Residential Zoning Districts. Table 4-1 Permitted Uses: Residential Zoning Districts Use Classification Specific Use Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated ) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited RE- 1 RE E- 1 E R R- 1 R- 2 RM INSTITUTIONAL, CIVIC AND PUBLIC USES Park and Recreation Facilities P P P P P P P P §3.13, Location & Extent Review Park and Recreation Facilities - Public P P P P P P P P §3.13, Location & Extent Review Park and Recreation Facilities - Private S2 S2 S2 S2 S2 S2 S2 S2 §5.1.W. Specific Use Standards 82 Exhibit A [Violet] § 4.4 - Nonresidential Zoning Districts B.Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Use Classification Specific Use Nonresidential Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited A A-1 CD CO O CH I-1 INSTITUTIONAL, CIVIC & PUBLIC USES Park and Recreation Facilities P P P P P — — §3.13, Location & Extent Review Park and Recreation Facilities – Public P P P P P — — §3.13, Location & Extent Review Park and Recreation Facilities – Private P P P P P — — §5.1.W. Specific Use Standards 83 Exhibit A [Violet] CHAPTER 5. - USE REGULATIONS § 5.1 - SPECIFIC USE STANDARDS This Section contains regulations that apply to specific uses or classes of uses. W.Park and Recreation Facilities. Park and Recreation Facilities shall be divided into two classifications: Public, and Private, as defined in the EVDC Section 13.2.C.34.a. and 13.2.C.34.b. 1.Public Park and Recreation Facilities include traditional public parks, cemeteries, public squares, plazas, playgrounds, ballfields, nature preserves, botanical gardens, and other indoor and outdoor recreation facilities owned by public entities such as federal, state, county and municipal government or a recreation district. Temporary commercial and non-commercial uses are allowed through a temporary use permit as specified in EVDC Section 5.3. Public Park and Recreation Facilities are permitted in most zoning districts as listed in Tables 4 – 1 and 4 – 4. Public Park and Recreation Facilities in non-residential zoning districts may have private concessions and rental arrangements for use of facilities therein. A Location and Extent Review is required to establish or modify a Public Park and Recreation Facility. 2.Private Park and Recreation Facilities in residential districts, as standalone activities with permission of the property owner(s), shall be restricted to the following uses: a.Horseback Riding with ten or fewer participants per riding group; b.Fishing (including fishing lessons on private ponds), with appropriate licensing or permitting; c.Photography d.Hiking and Climbing Activities e. Swimming f.Non-Motorized Boating, Canoeing, Kayaking (electric-assist boating shall be allowed); g. Non-Motorized Cycling (electric-assist bicycling shall be allowed) h.Passive Open Space 84 Town Clerk <townclerk@estes.org> Fwd: Park and Recreation Facilities in the Estes Valley Development Code -- the "violet" proposal Jackie Williamson <jwilliamson@estes.org>Sun, Aug 25, 2019 at 10:04 AM To: Town Clerk <TownClerk@estes.org> Same note as previous email. Include in final packet Jackie ---------- Forwarded message --------- From: Fred Barber <fredbarber@alum.mit.edu> Date: Sat, Aug 24, 2019 at 8:01 AM Subject: RE: Park and Recreation Facilities in the Estes Valley Development Code -- the "violet" proposal To: Trustees <Trustees@estes.org>, Town of Estes Park - Planning Division <planning@estes.org>, <bocc@larimer.org> Director Hunt: It strikes me that there is only one plausible reason for your omission of all of the limitations I recommended from the "violet" proposal: You see specific situations in which you think each of them should be violated in the approval of a development proposal. If any of the limitations are to be universally applied, it is obviously clearer and administratively simpler to include them in the Code rather than to have to repeatedly consider them in special review. For the benefit of the public and the Trustees who are evaluating your proposal, could you please comment on the circumstances under which you believe each of the following should be approved? 1. A development including two of the listed activities on a single parcel. Or three. Or four or more. 2. A development including the use of motorized vehicles such as ATVs, go-carts or motorcycles. A development including a powered attraction such as a chairlift, rope tow or closed-loop coaster. 3. A development including nighttime or overnight activities, with or without artificial lighting. 4. A development incorporating an outdoor sound system or musical performances. 5. Development of commercial recreational activities as an independent use of a parcel alongside an existing or new vacation home or B&B. If these limitations are to be applied uniformly, it should be by means of their inclusion in the regulation, not as an unreliable and haphazard result of special review. And if they are seen as inappropriate, we need to understand why. Apart from myself and Jeff Woeber, with whom did you discuss these limitations prior to your presentation of the "violet" proposal? What was the substance of any input you received? The public deserves to understand who is giving input to this critical aspect of the matter. Trustees, please understand that the limitations I have proposed, taken together with the list of permissible activities, are designed to accommodate the rightful needs and desires of the "small operators" identified in the inventory of current uses while respecting the character of residential neighborhoods. (The "large operators" are properly served by other means.) The limitations would also allow expansion of these uses and approval of new, similar uses but would avoid PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A uncontrolled expansion into scenarios with which we have no experience. I do not see this as an "end state" regulation, there being no such thing, but as a means by which we can cautiously gain experience while being open-minded about future possibilities. These future possibilities must properly be permitted ‒ and constrained ‒ based on further legislative action (in other words, further Code amendments), not by random administrative decisions made under a weak and non- specific Code. The last thing we need is more controversy, which is the certain result if the "violet" proposal is enacted as written. Respectfully, Fred Barber 2190 Devils Gulch Road From: Fred Barber [mailto:fredbarber@alum.mit.edu] Sent: Friday, August 23, 2019 10:11 PM To: Trustees; Town of Estes Park - Planning Division; bocc@larimer.org Subject: Park and Recreation Facilities in the Estes Valley Development Code -- the "violet" proposal At your last meeting, I presented comments on the "green" proposal for amendment of the Development Code to address Park and Recreation uses. These comments recommended a set of restrictions to be applied on all such "private" uses, restrictions that I suggested were essential to insuring that private P&R uses in residential areas would prove to be compatible with those areas. The Staff report rejects my recommendation that these restrictions be included in the Code, commenting that "In staff’s judgement, additional restrictions are appropriately addressed in the Special Review process, on a site-specific, case-by- case basis." I cannot disagree more vehemently. I do not support the "violet" proposal, nor do I support the "green" proposal as originally written. Of the proposals made to date, that which I find most nearly acceptable is the "red" proposal. (In fact, I am inclined to return to my original position that we should simply restore "non-commercial" to the P&R definition and go from there.) Special review is largely arbitrary. Decisions are often capricious and inappropriately subject to political considerations. They change over time according to the near-term policy and economic objectives of the Board. The Code contains no special review criteria applicable to the unique circumstances applicable to these activities and the residential zoning districts in which they are to be accommodated. The language of the "violet" proposal does both applicants and residential property owners a grave disservice by leaving the scale and nature of these developments completely unconstrained. It is all but guaranteed that an applicant will soon make a proposal that is egregiously inconsistent with residential areas, yet the Town or County will feel obligated by the lack of opposing criteria in the Code to accept it as written. The controversies we've experienced over the last year, traceable directly to the ill-advised removal of "non-commercial" from the P&R definition, will not only continue, they will be amplified. In short, this proposal is a disaster and must be rejected. I call on the Board to undertake a vote on the "red" proposal, to pass it and to use it as the basis for further consideration of this matter. Failing that, the issue must once again be continued so that an acceptable proposal can be presented. (I do not support "on the fly" modifications to the proposal to remedy its failings. The fact that it is now out in the packet means that meaningful public input on any alternative is impossible.) PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A If the Town Board passes the "violet" proposal as written, I will do my utmost to make sure the County Commissioners understand why it is unworthy and reject it. And such a decision by the Town Board would profoundly affect my own opinion ‒ and, I'm sure, the opinions of many others ‒ on the long-term viability of joint land use planning in the Estes Valley. Yours truly, Fred Barber 2190 Devils Gulch Road [Quoted text hidden] e-mail logo.jpg 11K PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A Town Clerk <townclerk@estes.org> Fwd: Park and Recreation Facilities in the Estes Valley Development Code -- the "gold" proposal Jackie Williamson <jwilliamson@estes.org>Mon, Aug 26, 2019 at 2:22 PM To: Town Clerk <TownClerk@estes.org> For the packet. Jackie ---------- Forwarded message --------- From: Fred Barber <fredbarber@alum.mit.edu> Date: Mon, Aug 26, 2019 at 10:35 AM Subject: Park and Recreation Facilities in the Estes Valley Development Code -- the "gold" proposal To: Trustees <Trustees@estes.org>, <bocc@larimer.org>, Town of Estes Park - Planning Division <planning@estes.org>, <bleavitt@estes.org>, <rfoster@estes.org>, <swhite@estes.org>, <smurphree@estes.org>, <nsmith@estes.org>, <ftheis@estes.org>, <tmachalek@estes.org> In order to facilitate progress on this point, I offer the attached alternative proposal on P&R facilities. I have immodestly called it the "gold' proposal. It is identical to the "violet" proposal with the exception of the following: 1. I have added S2 review and the condions applicable to residenal zoning districts to A and A-1 districts. As has been noted in previous discussions, A and A-1 districts, being mixed-use, should have been subject to the same consideraons as residenal districts all along. This proposal corrects that oversight. 2. I have removed the "10 rider" limit on horseback riding in favor of a general "10 parcipants" limit on all acvies. 3. I have added my proposed limitaons with the addion of the "10 parcipants" limit. 4. I added a statement that addional limitaons may be imposed based on S2 review. With these changes, it is my opinion that the proposal is ready for passage. As I've stated before, the intent of this proposal, taken as a whole, is to allow applicants, their neighbors and the administrators to have a clear and consistent understanding of the rules, and to encourage development that is consistent with neighborhood life. It is imperative that the continuation of the existing uses and the development of new, similar uses achieve a positive outcome for both the operators and their neighbors. Based on the experience we gain in the application of these new provisions, we may see further opportunities for positive changes to the Code ‒ or we may see that further restrictions are necessary. Without having both a clear set of permissions and a clear set of restrictions, the value of this experience will be diluted ‒ and negative outcomes will be much more likely. Another part of my intent is to make the outcome less dependent on the personalities and preferences of those who administer the Code, at every level. A solid Code should achieve a predictable, uniform result with respect to all critical decision points regardless of who is responsible for decision making. Personnel changes at the staff level and on the PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A boards shouldn't alter outcomes with regard to the key decisions. The "violet" proposal, with limits on the scale and character of development decided solely based on S2 special review, will not meet that test. I cannot absolutely guarantee that the "gold" proposal will, either, but that is its purpose. Everyone involved is eager to achieve a successful outcome to these discussions and move on. I hope you will seriously consider my proposal and that you see it to be a better choice than those that preceded it. (I apologize for any obvious format irregularities, which result from my having to reconstruct a Word document from the PDF published in the packet.) Respectfully submitted, Fred Barber 2190 Devils Gulch Rd -- Jackie Williamson Administrative Services Director/Town Clerk 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-4771 (p) direct line 970-577-4777 (p) general line 970-577-4770 (f) jwilliamson@estes.org 2 attachments e-mail logo.jpg 11K Gold proposal.docx 25K PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A 81 EXHIBIT A [Gold] § 13.2 - USE CLASSIFICATIONS/SPECIFIC USE DEFINITIONS AND EXAMPLES C.Use Classification/Specific Use Definitions and Examples. This Section sets forth specific use classifications in alphabetical order. A general definition is typically provided for each use classification, and in many instances examples are provided of specific uses that fall within the broader use classification. When a specific use example is provided, the example should satisfy both the broader classification's general definition as well as the definition of the specific use, if provided. Finally, the text may provide specific examples of uses that are not included in a particular use classification (referred to in the text as "exceptions"). 34.Park and Recreation Facilities. Parks, playgrounds, recreation facilities and open spaces. This classification includes public parks, cemeteries, public squares, plazas, playgrounds, ballfields, public recreation areas, nonprofit botanical gardens and nature preserves. Golf courses are classified separately as a recreational use. (Ord. 17 17, § 1(Exh. F)) 34.Park and Recreation Facilities. a.Park and Recreation Facilities – Public. Publicly owned parks, playgrounds, recreation facilities and open spaces. Ownership is through public entities such as federal, state, county and municipal government or a public recreation district. Golf courses are classified separately as a recreational use. b.Park and Recreation Facilities – Private. Privately owned and operated parks, playgrounds, recreation facilities and open spaces. Golf courses are classified separately as a recreational use. PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A 82 Exhibit A [Gold] § 4.3 - Residential Zoning Districts B.Table 4-1: Permitted Uses: Residential Zoning Districts. Table 4-1 Permitted Uses: Residential Zoning Districts Use Classification Specific Use Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated ) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited RE- 1 RE E-1 E R R- 1 R-2 RM INSTITUTIONAL, CIVIC AND PUBLIC USES Park and Recreation P P P P P P P P §3.13, Location & Extent ReviewFacilities Park and Recreation P P P P P P P P §3.13, Location & Extent ReviewFacilities - Public Park and Recreation S2 S2 S2 S2 S2 S2 S2 S2 §5.1.W. Specific Use StandardsFacilities - Private PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A 83 Exhibit A [Gold] § 4.4 - Nonresidential Zoning Districts B.Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Table 4-4 Permitted Uses: Nonresidential Zoning Districts Use Classification Specific Use Nonresidential Zoning Districts Additional Regulations (Apply in All Districts Unless Otherwise Stated) "P" = Permitted by Right "S1 or S2" = Permitted by Special Review "—" = Prohibited A A-1 CD CO O CH I-1 INSTITUTIONAL, CIVIC & PUBLIC USES Park and Recreation Facilities P P P P P — — §3.13, Location & Extent Review Park and Recreation Facilities – P P P P P — — §3.13, Location & Extent Public Review Park and Recreation Facilities – S2 S2 P P P — — §5.1.W. Specific Use Private Standards PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A 84 Exhibit A [Gold] CHAPTER 5. - USE REGULATIONS §5.1 - SPECIFIC USE STANDARDS This Section contains regulations that apply to specific uses or classes of uses. W.Park and Recreation Facilities. Park and Recreation Facilities shall be divided into two classifications: Public, and Private, as defined in the EVDC Section 13.2.C.34.a. and 13.2.C.34.b. 1.Public Park and Recreation Facilities include traditional public parks, cemeteries, public squares, plazas, playgrounds, ballfields, nature preserves, botanical gardens, and other indoor and outdoor recreation facilities owned by public entities such as federal, state, county and municipal government or a recreation district. Temporary commercial and non-commercial uses are allowed through a temporary use permit as specified in EVDC Section 5.3. Public Park and Recreation Facilities are permitted in most zoning districts as listed in Tables 4 – 1 and 4 – 4. Public Park and Recreation Facilities in non-residential zoning districts may have private concessions and rental arrangements for use of facilities therein. A Location and Extent Review is required to establish or modify a Public Park and Recreation Facility. 2.Private Park and Recreation Facilities in A, A-1 and all residential districts, as standalone activities with permission of the property owner(s), shall be restricted to the following uses: a.Horseback Riding; b.Fishing (including fishing lessons on private ponds), with appropriate licensing or permitting; c.Photography d.Hiking and Climbing Activities e.Swimming f.Non-Motorized Boating, Canoeing, Kayaking (electric-assist boating shall be allowed); g.Non-Motorized Cycling (electric-assist bicycling shall be allowed) h.Passive Open Space All such activities shall be subject to the following limitations: a.No more than one of the listed activities may be allowed on a single parcel. b.The use of motorized vehicles and powered attractions is prohibited. c.The listed activities may be conducted only during daylight hours. d.No more than ten individuals (including guides, instructors, other staff and spectators) may participate at any given time in the listed activities. e.Outdoor musical performances and the use of amplified sound systems are prohibited. f.Operated in conjunction with any accommodations use, these activities may be offered only to tenants of those facilities and not to unaffiliated parties. These limits shall not be exceeded but may be reduced based on S2 review. PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A Town Clerk <townclerk@estes.org> Fwd: Comment to Trustees for Aug 27th meeting Jackie Williamson <jwilliamson@estes.org>Mon, Aug 26, 2019 at 1:10 PM To: Trustees <trustees@estes.org> Cc: Randy Hunt <rhunt@estes.org>, Jeff Woeber <jwoeber@estes.org>, Travis Machalek <tmachalek@estes.org>, Town Clerk <TownClerk@estes.org> Please see public comment below for tomorrow night's meeting. Jackie ---------- Forwarded message --------- From: Thomas Gootz <tdgootz@yahoo.com> Date: Mon, Aug 26, 2019 at 10:09 AM Subject: Comment to Trustees for Aug 27th meeting To: Jackie Williamson <jwilliamson@estes.org> Please pass on my comment to the Trustees for Tuesday's meeting. I would ask that the Trustees continue the review of an amendment considering allowing a broad range of private commercial activity in residential zones. I do not support the "violet" proposal since the process of special review by the Town Board is completely arbitrary and too prone to personal business interests of voting Trustees. The special review process as stated contains no specific criteria by which each proposed private business would be reviewed. Such considerations as size, foot print, parking needs, noise levels, and disruption of the structure of the residential neighborhood must be added to any such proposal. Furthermore, passing this version of an amendment to our residential zoning rules without any public input, would clearly indicate that the Board ranks personal business interest over the rights of property owners. This was a major issue that led to the recent recall of a Trustee and is a primary concern of many citizens in Estes Park. In short, the current "violet" proposal must be rejected. Much more objective thinking and criteria needs to be completed before such a "take over" is voted on. Tom Gootz Estes Park -- Jackie Williamson Administrative Services Director/Town Clerk 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-4771 (p) direct line 970-577-4777 (p) general line 970-577-4770 (f) jwilliamson@estes.org e-mail logo.jpg PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A 11K PUBLIC COMMENT FOR PLANNING COMMISSION ACTION ITEM 1.A 1 PROCEDURE FOR LAND USE PUBLIC HEARING Applicable items include: Annexation, Amended Plats, Boundary Line Adjustments, Development Plans, Rezoning, Special Review, Subdivision 1.MAYOR. The next order of business will be the public hearing on PLANNING COMMISSION ACTION ITEM 1.A.B SPECIAL REVIEW, ESTES PARK CHALET EVENT FACILITY, 2625 MARY'S LAKE ROAD, MARY'S LAKE LODGE HOTEL OWNERS ASSOCIATION, REPRESENTED BY ML PROPERTIES, LLC, MORGAN MULCH.  At this hearing, the Board of Trustees shall consider the information presented during the public hearing, from the Town staff, from the Applicant, public comment, and written comments received on the application.  Has any Trustee had any ex-parte communications concerning this application(s) which are not part of the Board packet.  Any member of the Board may ask questions at any stage of the public hearing which may be responded to at that time.  Mayor declares the Public Hearing open. 2.STAFF REPORT.  Review the staff report.  Review any conditions for approval not in the staff report. 3.APPLICANT.  The applicant makes their presentation. 4.PUBLIC COMMENT.  Any person will be given an opportunity to address the Board concerning the application. All individuals must state their name and address for the record. Comments from the public are requested to be limited to three minutes per person. 5.REBUTTAL. 85 2  The applicant will be allowed a rebuttal that is limited to or in response to statements or questions made after their presentation. No new matters may be submitted. 6.MAYOR.  Ask the Town Clerk whether any communications have been received in regard to the application which are not in the Board packet.  Ask the Board of Trustees if there are any further questions concerning the application.  Indicate that all reports, statements, exhibits, and written communications presented will be accepted as part of the record.  Declare the public hearing closed.  Request Board consider a motion. 7.SUGGESTED MOTION.  Suggested motion(s) are set forth in the staff report. 8.DISCUSSION ON THE MOTION. Discussion by the Board on the motion. 9.VOTE ON THE MOTION. Vote on the motion or consideration of another action. 86 To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Jeffrey Woeber, Senior Planner Date: August 27, 2019 RE: Special Review SR 19-02 Estes Park Chalet Event Facility, 2625 Mary’s Lake Road, Mary’s Lake Lodge Hotel Owner’s Association, Represented by ML Properties, LLC, Morgan Mulch (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Review of an application for an “Event Facility,” an S1-level Special Review in an A (Accommodations), Zoning District. Present Situation: The property proposed for the Event Facility is adjacent to the Mary’s Lake Lodge, which was heavily damaged in a fire in June 2018, and later demolished. A Development Plan for a rebuild of the lodge facility, which will have 49 rooms, a restaurant, meeting space, and a craft brewing area, was approved by the Estes Valley Planning Commission on August 20, 2019. The uses-by-right in the Accomodations Zoning (Hotel/Motel and Restaurant) were reviewed and approved by the EVPC in the Development Plan. Proposal: An Event Facility is proposed adjacent to the lodge use described above. The Event Facility would be 3891 square feet in size, and provides a lounge area and outdoor venue for up to 200 guests. Staff notes, the site plan and application has been submitted as one proposal. Staff reviewed and evaluated the impacts of the project as a whole, while at the same time recognizing there are two distinct approval processes: The Development Plan for the rebuild of the lodge, and this Special Review for the Event Facility. MEMO COMMUNITY DEVELOPMENT 87 SPECIAL REVIEW CRITERIA: The following is from the EVDC, Chapter 3 Review Procedures and Standards, Section 3.5 Special Review Uses: A.Procedures for Approval of Special Review Uses. Applications for approval of a special review use shall follow the standard development approval process set forth in §3.2 of this Chapter. Uses that require a Special Review and are subject to the regulations of this section are stated in Table 4-1: Permitted Uses: Residential Zoning Districts and Table 4-4: Permitted Uses: Nonresidential Zoning Districts. Special Review Uses shall be reviewed through an S1 or S2 procedure. Those uses that have a wider public interest or impact shall be reviewed through the S2 procedure. Both review procedures provide an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measure to address identified concerns, or to deny the use if findings establish that concerns cannot be resolved. Approval of a Special Review Use shall not constitute a change in the base zoning district and shall be granted only for the specific use approved at the specific site. Approval is subject to such modifications, conditions, and restrictions as may be deemed appropriate by the Decision Making Body. B.Standards for Review. All applications for a special review use shall demonstrate compliance with all applicable criteria and standards set forth in Chapter 5, "Use Regulations," of this Code. (Staff note: There is no Use Regulation specific to “Event Facility.”) Applications for S1 or S2 Special Review shall provide a narrative that describes how the proposed use fulfills the applicable requirements and standards for the use. In order to minimize adverse impacts of the proposed use, an approval of Special Review Use may be conditioned based upon information provided in the narrative and staff findings. For purposes of the Special Review, the narrative shall describe the following, as applicable: 1. The proposed use and its operations; 2. Traffic generation; 3. Existing zoning compatibility; 4. Location of parking and loading, including size, location, screening, drainage, landscaping, and surfacing; 5. Effect on off-site parking; 6. Street access points, including size, number, location and/or design; 7. Hours of operation, including when certain activities are proposed to occur; 8. Exterior lighting; 9. Effects on air and water quality; 10. Environmental effects which may disturb neighboring property owners such as; a. Glare. This may be described in terms of location, design, intensity and shielding; b. Noise; and c. Dust; 11. Height, size, setback, and location of buildings and activities; 12. Any diking, berms, screening or landscaping, and standards for their installation and maintenance; and 13. Other resources. This description shall include information on protection and preservation of existing trees, vegetation, water resources, habitat areas, drainage areas, historic resources, cultural resources, or other significant natural resources. 88 The applicant’s submittal includes plans and a narrative addressing the above information. STAFF FINDINGS: 1.The following is from Section 3.5.A., Procedures for Approval of Special Review Uses: “Both review procedures (S1 and S2 Special Review) provide an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measure to address identified concerns, or to deny the use if findings establish that concerns cannot be resolved.” Staff finds that although not approved through a formal “Event Facility” approval, as that use was only added to the EVDC in the last year, the Event Facility (Wedding Venue) use has long been established. The facility may create slightly higher impacts from what previously existed, but the owner/applicant does not anticipate a vast difference in numbers of guests and wedding attendees. To staff’s knowledge, the impacts of the use as currently established, or with the new facilities, would not likely create impacts requiring mitigation measures above what is proposed with this project proposal and application. 2.Staff finds the application and review for the proposed Event Facility demonstrate compliance with the EVDC, Chapter 3 Review Procedures and Standards, §3.5 Special Review Uses, B. Standards for Review. STAFF COMMENTS: 1.Although staff emphasized the Special Review was a separate and distinct use review from the Estes Park Chalet Development Plan application when referring the application out for comment, the review agencies understandably treated the project as a whole for review purposes. The Development Plan and the Special Review were referred for comment together, although they are separate application processes. 2.The various review agencies such as utilities and the Estes Valley Fire Protection District have reviewed the Special Review, along with the Development Plan as mentioned above. There are no outstanding issues, with the applicant making necessary revisions to the plans as far as Fire District requirements for access and an additional hydrant, and is in agreement with Public Works requirement for a Final Drainage Plan to be submitted with construction plans. 3.Staff has received one inquiry from an adjacent owner, regarding a utility easement on this property and how adjacent condominium’s utilities may be impacted. The applicant has addressed this and there do not appear to be issues. The applicant’s attorney has submitted a letter that goes into more detail regarding this utility easement. See Attachment 6. Advantages: •Allows for an Event Facility, which is a recognized and well established use in the Estes Valley, a well-known wedding destination. This Facility can have significant economic and other benefits. •The project would improve a longtime, historic facility by adding structures and improvements that are installed up to current building and fire codes. •Complies with standards set forth in the Estes Valley Development Code. Disadvantages: •There may be an increase traffic in this area, particularly on Saturdays when the majority of weddings are held. 89 Action Recommended: Staff recommend the Town of Estes Park Board of Trustees approve the Event Facility Special Review for the Estes Park Chalet, with staff’s finding and condition of approval, as follows. Condition of Approval: 1.The approved use shall be consistent with the plans and information as submitted by the applicant for the Special Review Use. Budget: None. Level of Public Interest: Low: Other than the one inquiry from an adjacent owner, discussed above under Staff Comments, No. 3, there has been no further letters, emails, or discussion regarding the proposal. A required neighborhood meeting was held by the applicant on June 4, 2019. There were 19 attendees. A “Development Proposal Under Review” sign was posted per EVDC requirements. www.estes.org/currentapplications Comments will be added to this webpage as they are received. Sample Motions: 1.I move to approve the Special Review application for the Estes Park Chalet Event Facility according to the findings and condition of approval as recommended by staff. 2.I move to deny the Special Review application for the Estes Park Chalet Event Facility, finding that … [state findings for denial]. 3.I move to continue the Special Review application for the Estes Park Chalet Event Facility application, to the next regularly scheduled meeting. (State reasons for continuance.) Attachments: 1.Vicinity Map - Not provided by staff for Town Board packet 2.Application 3.Statement of Intent 4.Site Plan 5.Applicable Architectural Drawings 6.Letter from Applicant’s Attorney 90 91 92 93 PAGE 1 OF 4 June 19, 2019 Jeff Woeber Senior Planner Community Development Department Town of Estes Park 970-577-3729 RE: Statement of Intent for The Estes Park Chalet Dear Jeff: Trail Ridge Consulting Engineers, LLC is pleased to submit this Application for Development Plan Review on behalf of subject property owner Mary’s Lake Lodge Hotel Owners Association. This letter is to serve as the Statement of Intent for the proposed project and will provide general descriptions regarding compliance with the key applicable standards for review as defined in the Estes Valley Development Code. Please refer to the Development Plan submitted herewith for specific details regarding the proposed project. Project Information The subject property includes three parcels, located at 2625 Marys Lake Road with approximately 7.12 acres of land area. The parcel is currently developed and contains 81 total accommodation units (including the 16 that previously burned down). The property is zoned A-Accommodations per the Estes Valley Zoning District Maps. The project will include rebuilding the historic lodge building, a new events center and constructing utility services/additional parking to support the facility. Redevelopment of this property has been focused on preserving as much of the mass, form, and detailing of the former Mary's Lake Lodge while updating the structure for modern building codes, zoning limitations, and modern hotel operations. The building remains three stories tall, plus a "walk- out" lower level. The main entry is now on the lower level to improve accessibility and a port-cochere has been added. Exterior decks are reflective of the prior lodge on both the main and upper levels of 94 PAGE 2 OF 4 the Chalet. The third level retains the Lodge's low plate heights and dormers as the primary roof forms and a new roof deck is accessed on this level. The exterior trim and finish of the Chalet is designed to match existing trim and finish at the existing "north wing" and "south wing" condo buildings on the site. A new event center is accessed via an enclosed bridge spanning from the third level of the Chalet to the hillside to the west. The event center is located at the site of the existing outdoor event venue. The access bridge enters the lower level of the Event Center. The main floor of the Event Center is set to provide views over the top of the Chalet from the main banquet hall and deck. The upper level of the Event Center provides a lounge area and an outdoor event venue for 200 guests. The location and detailing of the Event Center are intended to make it subordinate to the Chalet despite greater overall elevation. Exterior trim and finish match the trim and finish of the Chalet and other existing buildings on the site. Compliance with General Development and Development Standards Zoning District Standards: The proposed accommodations development is a permitted use by right for the zoning district of the subject property and is subject to Development Plan Review. The events/wedding use is subject to Special Review. The project team is submitting two applications for concurrent review with the overall site detail and development for each review completed together. The minimum property area is 40,000 square feet with a minimum width of 200 feet. The proposed development meets the applicable minimum lot size standards with the smallest proposed lot being 40,240 square feet. Setbacks for the new properties are 15’ to the front and sides and 10’ to the rear of the properties in accordance with the zoning district standards. The average slope of the property is approximately 21%. The buildable site average slopes for the proposed improvements and changes are: 18%. The maximum allowable lot coverage for properties in the Accommodations Zoning District is 50%, this development plan utilizes an existing building site (the Lodge), and an additional 3891 square foot events center and will be in compliance with the allowable max. lot coverage. The maximum building height is 30 feet. The proposed building height for the Lodge is 29.68’, while the events center is proposed to be 29.79’. The proposed development generally complies the applicable zoning district standards for access, parking and adequate public facilities with the requested waivers noted within. Grading/Slope Protection Standards: The development has been designed considering the nature of the slopes encompassing much of the overall property boundary. The proposed building site provides a reasonable buildable area for the events center construction. The grade of the access drive for the proposed events center is currently 20%. The applicant is requesting a waiver to the drive aisle longitudinal grade standards set forth in the EVDC for commercial access drive, considering that the proposed access drive will be graded at 15.9%. 95 PAGE 3 OF 4 The proposed grading and improvements to the access drive will improve the existing condition and will primarily be used by staff and for loading access to the events facility. 11 spaces (including one loading space) are proposed for the event center building accessed off the service drive subject to the waiver for longitudinal grade standards. All other applicable standards are met with this access drive. Transportation/Parking: A parking study has been completed to determine the property’s parking requirements. The results of the study are the property in whole (condos, hotel and events facility) needs 195 parking stalls, of which 153 are existing, with 42 proposed to total 195 upon completion of the development. The proposed development does not trigger the 50 peak hour trips requiring a transportation impact analysis. Adequate Public Facilities: The subject property is in an area to be serviced by the following utilities (note: additional service lines are needed; all existing units/lots are already connected to public utilities): Electric- Town of Estes Park New single-phase primary lines are proposed from the existing transformer along the south side of the remaining portion of the Lodge. The events center will receive a new service line and the new lodge will maintain the existing electric tie-in. Water- Town of Estes Park New 6” DIP water service line for the events center will connect to the existing 8” DIP main located in the existing access easement of Lot 3a. The location of the events center will require re-routing of the existing 8” main line. New easements are not required for this relocation. A new 6” DIP water service line for the Lodge will connect to the existing 8” DIP main north of the Lodge building. Sewer- Upper Thompson Sanitation District New sewer connection services for the events center will be a 6” SDR-35 line to be run along the existing access drive south of the main lodge to an existing manhole east of the garage building. The Lodge sewer service will be an 8” SDR-35 line to an existing manhole north of the lodge. Natural Gas- Xcel Energy Natural gas services are to be provided for the events center from the existing main in the access drive south of the Lodge. The main lodge will maintain its existing gas connection near the northeastern corner of the lodge. 96 PAGE 4 OF 4 Communications/Broadband- TDS or Century Link New communications services are proposed from the existing communications pedestal along the south side of the remaining portion of the Lodge. The events center will receive a new service line and the new lodge will maintain the existing communications tie-in. Storm Drainage The existing drainage conditions for the development will not be altered by the proposed development. Minor increases in storm water runoff are anticipated to be negatable over the 30+ acres that drain into the existing detention basin. (See Drainage Report). Access The new proposed events center building will be provided vehicular access by a shared, commercial drive that utilizes the existing access point off Kiowa Drive. The current access is gravel. Applicant proposes a 20’ wide paved access drive approximately 4% less steep than existing (see above Grading and Slope Protection Standards). Adequate loading area and turn around dimensions will be provided at the end of this access drive. All other access points will remain in the current location with improvements proposed to meet the minimum width requirements for fire apparatus access. Mapped Hazard Areas: Portions along the fringe of the subject property are within the boundaries of the Estes Valley Mapped Wildfire Hazard Area, the mapped Steep Slope Geologic Hazard Area, and the mapped River, Stream, and Wetland Area. Proposed construction will not occur in the mapped hazard or wetland areas. We thank you for time and consideration of the proposed “The Estes Park Chalet” Development. If there are any questions about the project or items discussed above, please don’t hesitate to contact me at 970-308-8221. Sincerely, David Bangs, P.E. Principal Engineer Trail Ridge Consulting Engineers, LLC 97 May 15, 2019 RE: The Estes Park Chalet Statement of Intent from the Marys Lake Lodge Hotel Owners Association To whom it may concern: We are very excited to submit our application for the rebuild of Mary’s Lake Lodge! Our architect Jeff Van Sambeek with Lodestone Design and Dave Bangs with Trail Ridge Consulting have done a beautiful job of developing our concept for the new lodge. We feel this will not only be an amazing asset for the Marys Lake property but for the town of Estes Park as well. In terms of what will remain the same, the exterior of the lodge will maintain its mountain rustic appearance. We still want to be the quintessential mountain lodge, and so the new exterior will be made of wood and will maintain the shape of the two mountain peaks on the north and south side. The middle peak will still be there as well but will be transferred to the lower level to create a distinct and visually appealing entrance for guests into the grand lobby. We will also keep our restaurant that many of you have enjoyed in the past – it will be on the main level with a beautiful bar area, a two-sided fireplace that guests can enjoy from the restaurant side or the lobby side, as well as a wraparound patio for outdoor seating. We will continue to be a premier wedding venue as well, and the plan is for both reception and ceremony to be located at what was originally the Forever Garden behind the main lodge. Although we are making some updates and changes to our beloved lodge, the goal is to remain true to who we are. We simply want to add new amenities for all of our guests and the condo owners to enjoy, while making improvements in areas that were underutilized before. Let’s talk about what is going to be new, starting with when guests first arrive. The ground level that has previously been just crawl space and the Foundation Room (or the spa way back when) will be excavated out to become our grand lobby and restaurant. When guests enter the lobby, they will be able to see the new restaurant and bar from the main entrance, as well as a grand staircase next to our check-in desk. Across from the check-in desk, there will be 2 sets of elevators. This main level will have meeting spaces for conferences, rehearsal dinners, private parties, etc. and an indoor pool and jacuzzi as well. Our goal is for the pool area to be very kid- friendly with a tube slide and small play area in the shallow end for toddlers. There will be large windows in both the pool area and the meeting rooms so that guests can see the amazing views to the east. Some of you may recall that we had a partnership with a brewery in Loveland, CO to be able to private label their beers and market our restaurant as a brew pub. This time around, we will have the space on the main level to actually put in a brewery system to create our own beers on site. This system is called “Smart Brew” and it has been hugely successful in several restaurants around the country. It allows for us to not only have creative control for our beers, but also for conferences and weddings to come in and create their own craft brew for their specific event. We think it could be a huge selling point and make us stand out as a venue. 98 The first floor (which was originally the lobby floor of the old building) will have hotel rooms and a small fitness center as an amenity for our guests; the third floor will also have more hotel rooms. The fourth floor is where we are going to have some fun! Some of you may be asking yourselves – what about the famous deck off of the Tavern that had those incredible views? We are planning to bring that back in the form of a Roof Top Bar. The views will be the best on property, and we will have full bar service as well as food options available. We think this will be a great amenity for guests of the entire property to enjoy! The fourth floor will also have our premium suites, which will be used as our honeymoon suites primarily. We will have a “Groom’s Lounge” on this level as well, which will simply be a space with some seating, TVs, etc. for the groomsmen to congregate prior to the ceremony. The fourth level will also be where guests can get to the new wedding venue, which will be accessible by a sky walk from the main lodge to what was originally the Forever Garden. This new venue will have two floors. The entry level will have the reception space, and there will be an elevator and stair access to the second floor, which is where the outdoor ceremony venue will be. The new outdoor venue will have a retractable awning so that we can easily cover guests in the event of bad weather. The views will be the same amazing panoramic views as before. There will be a space on this level for brides and bridesmaids to get ready in and congregate before the ceremony. There will be a beautiful cascading staircase that leads to the reception area. The reception space will have windows all around, a wraparound deck for an outdoor cocktail hour, and the ceiling will have the peaked look with wooden beams to maintain some of the original look of the Grand Room. To sum up, the primary updates we are making to the lodge are as follows: 1. 49 Total Hotel Rooms (King and Double Queen Rooms and Premium Suites) 2. 2 Elevators in the main lodge/1 Elevator in the Wedding Venue 3. 3 Meeting Spaces (with retractable walls so that they can open to make 1 large meeting space) on the main level for Conferences, Rehearsal Dinners, and Private Events 4. Full Service Restaurant and Bar with Wraparound Patio on the main floor 5. Smart Brew Tanks on display, and a private “craft brewing” room for guest use 6. Indoor Pool with tube slide and kids area and Indoor Hot Tub 7. Roof Top Bar with Food Service and Full Bar, retractable awning, and the original “Tavern Deck” views 8. New Premier Wedding Venue behind the main lodge that is attached by a Sky Walk 9. More parking available for guest use We believe there is bright future for this property despite the unfortunate circumstances that have occurred due to the fire. With this new development plan we are very excited to open our doors once again. Thank you for your consideration for The Estes Park Chalet. Sincerely, Morgan and Ashley Mulch 99 BOUNDARY OF DEVELOPMENT PLAN SHEETS SITE PLAN WEST AND GRADING PLAN WEST BOUNDARY OF DEVELOPMENT PLAN SHEETS SITE PLAN EAST AND GRADING PLAN EAST LOT 27, KIOWA RIDGE OWNERS: LOUDERMILKFAMILY REVOCABLE TRUST ZONING: E1-ESTATE PROMONTORY AT KIOWA RIDGE CONDOS OWNERS: PROMONTORY HOMEOWNER'S ASSOCIATION ZONING: A-ACCOMMODATIONS PROMONTORY AT KIOWA RIDGE CONDOS OWNERS: PROMONTORY HOMEOWNER'S ASSOCIATION ZONING: A-ACCOMMODATIONS SITE BENCHMARK #99 EL.=8141.5' SITE BENCHMARK #98 EL.=8147.9' SITE BENCHMARK #97 EL.=8200.9' (∆ (∆ ∆ (∆ LEGEND (NOT ALL ITEMS SHOWN ON EACH SHEET) SCALE: 1" = 40' 80'40'0 NOTES: 1. THIS DEVELOPMENT PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE RELIED UPON AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY PLAT. 2. CONTOURS SHOWN ARE AT A 1' INTERVAL AND ARE BASED UPON GPS OBSERVATIONS AND FIELD SURVEY DATA DURING APRIL AND MAY, 2019. 3. MANY MORE TREES EXIST ON SITE THAN ARE SHOWN ON THIS PLAN. 4. ENGINEER DOES NOT WARRANT THE LOCATION OF ANY UNDERGROUND UTILITIES LOCATED WITHIN THE PROJECT AREAS. THOSE ARE THE RESPONSIBILITY OF THE CONTRACTOR/OWNER. 5. CONTACT INFORMATION: OWNER MARY'S LAKE LODGE HOTEL OWNERS ASSOCIATION REPRESENTED BY ML PROPERTIES LLC 2625 MARY'S LAKE ROAD ESTES PARK, CO 80517 APPLICANT ML PROPERTIES LLC 2625 MARY'S LAKE ROAD ESTES PARK, CO 80517 CONSULTANT/CONTACT PERSON DAVID BANGS, P.E. TRAIL RIDGE CONSULTING ENGINEERS, LLC 1191 WOODSTOCK DRIVE ESTES PARK ,CO 80517 970-308-8221 6. LEGAL DESCRIPTION: LOT 3, MARY'S LAKE SUBDIVISION, LOTS 3A AND 3B, MARY'S LAKE REPLAT 7. PORTIONS OF THE SUBJECT PROPERTY ARE LOCATED WITHIN THE BOUNDARIES OF THE ESTES VALLEY MAPPED WILDFIRE HAZARD AREA, AND THE MAPPED STEEP SLOPE GEOLOGIC HAZARD AREA. NO PROPOSED BUILDINGS FALL WITHIN EITHER MAPPED HAZARD AREA. NO PORTION OF THE PROPERTY IS LOCATED WITHIN A FLOOD HAZARD AREA. 8. THE OWNER SHALL BE REQUIRED TO PROVIDE FOR HANDICAP ACCESSIBILITY IN ACCORDANCE WITH THE A.D.A. AND U.B.C. 9. ALL REQUIRED IMPROVEMENTS SHALL BE COMPLETED OR GUARANTEED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 10. APPROVAL OF THIS DEVELOPMENT PLAN CREATES A VESTED RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED. OWNER'S CERTIFICATION THE UNDERSIGNED, BEING THE OWNERS OF THE REAL PROPERTY SHOWN ON THIS DEVELOPMENT PLAN, SHALL BE SUBJECT TO THE PROVISIONS OF THE ESTES VALLEY DEVELOPMENT CODE AND ANY OTHER ORDINANCE OF THE TOWN OF ESTES PARK, COLORADO PERTAINING THERETO. __________________________________________________ MARY'S LAKE LODGE HOTEL OWNERS ASSOCIATION REPRESENTED BY ML PROPERTIES LLC APPROVAL APPROVED BY THE ESTES VALLEY PLANNING COMMISSION ON THIS _____ DAY OF ____________________, 20_____. __________________________________________________ _____________________,CHAIR VICINITY MAP SCALE: 1" = 1000' KIOWA COURT PROJECT AREA MARY'S LAKE ROAD PEAK VIEW DRIVE MARY'S LAKE ARAPAHO RD PROMONTORY DRIVE KIOWA DRIVE STATE HIGHWAY #7 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com DAB ESTES PARK CHALET DEVELOPMENT PLAN STATISTICAL INFORMATION: ZONING DISTRICT - A-ACCOMMODATIONS SURROUNDING ZONING DISTRICTS - A-ACCOMMODATIONS, E-ESTATE, E-1-ESTATE SETBACKS - 25' ARTERIAL, 15' FRONT, 15' SIDE, 10' REAR GROSS PROJECT AREA - 310,000 SF/7.12AC PROJECT AREA IN FLOODPLAIN - 0 SF NET PROJECT AREA - 310,000SF PRE-FIRE EXISTING ACCOMMODATIONS UNITS - 16 UNITS TOTAL PROPOSED ACCOMMODATIONS UNITS - 49 UNITS TOTAL DEVELOPABLE LAND AREA OF LOT 3 TOTAL LAND AREA = 221,756SF SLOPE ON LOT 3 = 1800+100(20.0-12)=2600SF REQUIRED PER ACCOMMODATION UNIT EXISTING ACCOMMODATIONS UNITS=60 EXISTING REQUIRED LAND AREA = 2600*60=156,000 S.F. REMAINING DEVELOPABLE LAND AREA=65,756 S.F. DEVELOPABLE LAND AREA OF LOT 3A TOTAL LAND AREA = 40,240SF SLOPE ON LOT 3A = 1800+100(25.8-12)=3180SF REQUIRED PER ACCOMMODATION UNIT EXISTING ACCOMMODATIONS UNITS=9 EXISTING REQUIRED LAND AREA=9*3180=28,620 S.F. REMAINING DEVELOPABLE LAND AREA = 11,620 S.F. DEVELOPABLE LAND AREA OF LOT 3B TOTAL LAND AREA 48,004 S.F. SLOPE ON LOT 3B = 1800+100(17.5-12)=2350SF REQUIRED PER ACCOMMODATION UNIT EXISTING ACCOMMODATIONS UNITS=12*2350=28,200 S.F. EXISTING REQUIRED LAND AREA = 28,200 REMAINING DEVELOPABLE LAND AREA=19,804 S.F. AVERAGE SF REQUIRED PER ACCOMMODATION UNIT = 2710 S.F. ALLOWABLE ADDITIONAL ACCOMMODATIONS UNITS: 97,180 S.F. / 2710 S.F./UNITS =36 UNITS EXISTING PARKING SPACES=153 SURFACE SPACES =12 GARAGE SPACES =165 TOTAL TOTAL REQUIRED PARKING: 195 SPACES (SEE TRAFFIC REPORT) REQUIRED ADA SPACES: 6 SPACES TOTAL (5 CAR, 1 VAN) ADDITIONAL PARKING PROVIDED - 31 SPACES FOR NEW ACCOMMODATIONS UNITS, 196 TOTAL EXISTING LOT COVERAGE: 142,055 S.F. PROPOSED LOT COVERAGE: 153,596 S.F. ALLOWABLE LOT COVERAGE = 310,000*0.5=155,000 S.F. SEE ARCHITECTURAL FOR BUILDING HEIGHT CALCULATIONS UNDERGROUND ELECTRIC UNDERGROUND GAS SANITARY SEWER MAIN EXISTING PROPOSED SEWER MANHOLE TREE (SIZE NOT NOTED) SHRUB CONCRETE SURFACE FOUND PROPERTY MONUMENTATION ANNOTATIONS ABCDE SANITARY SEWER SERVICE UNDERGROUND TELEPHONE WATER MAIN WATER SERVICE EASEMENT BOUNDARY EDGE OF ASPHALT FENCE LINE EDGE OF GRAVEL DRIVE/WALK SETBACK LINE PROPERTY LINE WILDFIRE HAZARD BOUNDARY EASEMENT CENTERLINE MAJOR CONTOUR MINOR CONTOUR GEOLOGICAL HAZARD BOUNDARY ELEC/TELE/CABLE PEDESTAL/TRANSFORMER © 2019 94 NEW 6' CONCRETE GUTTER PAN 816081568157815881598161816281638164 51.9'6.0'9.6'6.0'54.0'7.5'50.0'60.0'87.3'25.0'47.0'22.0'23.4'27.9'7.7'42.6'33.0'33.5'5.8 ' 10.0' 4.5'2.0' 30.5'33.0'26.9'14.5' 9.9' 18.0' 9.9' 6.5'17.0'8.0' ∆30.0'30.0'30.0'30.0'SITE TRIANG L ESITE TRIANGLE SOLID LINE = NEW FOOTPRINT BASEMENT FFE=8160.0' LOWER FFE=8170.84' MIDDLE FFE=8180.49' UPPER FFE=8190.14' MEAN ROOF HEIGHT = 8201.18' NEW GARDEN LEVEL NEW 20' PAVED SERVICE DRIVE - FIRE ACCESS TO EVENT CENTER TO BE FROM UPPER CHALET ACCESS DRIVE NEW EVENT CENTER LOWER FFE=8190.14' MIDDLE FFE=8200.14' UPPER FFE=8218.14' HIGHEST ROOF RIDGE=8235.48'DECK 20' DRIVE WIDTHNEW RETAINING WALL LOADING SPACE NEW RETAINING WALL NEW RETAINING WALL 10.1' 21.6' NEW RETAINING WALL 21.0'NEW CDOT TYPE C INLET - SEE UTILITIES SHEET EMERGENCY EXIT LANDING NEW GARDEN LEVEL 8 1 6 5 81 7 0 8 1 7 5 8 1 8 0 81808185 8 1 8 5 8 1 9 0 8190 8 1 9 5 8200 8200 82058205 8210 82 1 0 8178 81808175817781778178 81958183 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com DAB ESTES PARK CHALET DEVELOPMENT PLAN SITE PLAN EAST 20' SCALE: 1" = 20' 0 40' SITE PLAN NOTES: 1. THIS SITE PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE RELIED UPON AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY PLAT. 2. CONTOURS SHOWN ARE AT A 1' INTERVAL AND ARE BASED UPON GPS OBSERVATIONS OF PROPERTY MONUMENTATION RELATIVE TO NORTH AMERICAN VERTICAL DATUM 1988 (NAVD88) 3. UTILITY LOCATIONS AS SHOWN ON THIS SITE PLAN ARE APPROXIMATE AND ARE NOT TO BE RELIED UPON AS TRUE LOCATIONS OF UNDERGROUND UTILITIES. LOCATIONS OF EXISTING UTILITIES ARE BASED UPON LOCATES SURVEYED IN THE FIELD, GIS INFORMATION FROM THE TOWN OF ESTES PARK, AND HISTORIC DEVELOPMENT PLAN LOCATED AT LARIMER COUNTY RECEPTION #20060022139. ENGINEER DOES NOT WARRANT THE LOCATION OF ANY UNDERGROUND UTILITIES LOCATED WITHIN THE PROJECT AREAS. THOSE ARE THE RESPONSIBILITY OF THE CONTRACTOR/OWNER. NEW WALKWAY TO LOWER FLOOR OF EVENT CENTER BOTTOM OF WALKWAY ELEV.=8191' PORTE-COCHERE LEGEND (NOT ALL ITEMS SHOWN ON EACH SHEET) UNDERGROUND ELECTRIC UNDERGROUND GAS SANITARY SEWER MAIN EXISTING PROPOSED SEWER MANHOLE TREE (SIZE NOT NOTED) SHRUB CONCRETE SURFACE FOUND PROPERTY MONUMENTATION ANNOTATIONS ABCDE SANITARY SEWER SERVICE UNDERGROUND TELEPHONE WATER MAIN WATER SERVICE EASEMENT BOUNDARY EDGE OF ASPHALT/CONCRETE FENCE LINE EDGE OF GRAVEL DRIVE/WALK SETBACK LINE PROPERTY LINE WILDFIRE HAZARD BOUNDARY EASEMENT CENTERLINE MAJOR CONTOUR MINOR CONTOUR GEOLOGICAL HAZARD BOUNDARY ELEC/TELE/CABLE PEDESTAL/TRANSFORMER 30' ACCESS AND UTILITY EASEMENT TO BE VACATED BY SEPARATE INSTRUMENT 14' CLEARANCE UNDER WALKWAY © 2019 95 81568157NEW CURB AND GUTTER 8160 8165 8170 8175 8170 8175 8170(∆ (∆ DECK TO BE REMOVED 8178 20' SCALE: 1" = 20' 0 40' 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com DAB ESTES PARK CHALET DEVELOPMENT PLAN SITE PLAN WEST SITE PLAN NOTES: 1. THIS SITE PLAN IS REPRESENTATIONAL ONLY AND IS NOT TO BE RELIED UPON AS A BOUNDARY SURVEY NOR IMPROVEMENT SURVEY PLAT. 2. CONTOURS SHOWN ARE AT A 1' INTERVAL AND ARE BASED UPON GPS OBSERVATIONS OF PROPERTY MONUMENTATION RELATIVE TO NORTH AMERICAN VERTICAL DATUM 1988 (NAVD88). 3. UTILITY LOCATIONS AS SHOWN ON THIS SITE PLAN ARE APPROXIMATE AND ARE NOT TO BE RELIED UPON AS TRUE LOCATIONS OF UNDERGROUND UTILITIES. LOCATIONS OF EXISTING UTILITIES ARE BASED UPON LOCATES SURVEYED IN THE FIELD, GIS INFORMATION FROM THE TOWN OF ESTES PARK, AND HISTORIC DEVELOPMENT PLAN LOCATED AT LARIMER COUNTY RECEPTION #20060022139. ENGINEER DOES NOT WARRANT THE LOCATION OF ANY UNDERGROUND UTILITIES LOCATED WITHIN THE PROJECT AREAS. THOSE ARE THE RESPONSIBILITY OF THE CONTRACTOR/OWNER. LEGEND (NOT ALL ITEMS SHOWN ON EACH SHEET) UNDERGROUND ELECTRIC UNDERGROUND GAS SANITARY SEWER MAIN PROPOSED SEWER MANHOLE TREE (SIZE NOT NOTED) SHRUB CONCRETE SURFACE FOUND PROPERTY MONUMENTATION ANNOTATIONS ABCDE SANITARY SEWER SERVICE UNDERGROUND TELEPHONE WATER MAIN WATER SERVICE EASEMENT BOUNDARY EDGE OF ASPHALT FENCE LINE EDGE OF GRAVEL DRIVE/WALK SETBACK LINE PROPERTY LINE WILDFIRE HAZARD BOUNDARY EASEMENT CENTERLINE MAJOR CONTOUR MINOR CONTOUR GEOLOGICAL HAZARD BOUNDARY ELEC/TELE/CABLE PEDESTAL/TRANSFORMER © 2019 96 NEW EVENT CENTER LOWER FFE=8190.14' MIDDLE FFE=8200.14' NEW 6" BARRIER CURB816081568157815881598161816281638164 NEW LANDING @ MIDDLE FFE FOR EMERGENCY EXIT NEW 6' CONCRETE GUTTER PAN ∆30.0'30.0'30.0'30.0'SITE TRIANG L ESITE TRIANGLE SOLID LINE = NEW FOOTPRINT BASEMENT FFE=8160.0' LOWER FFE=8170.84' MIDDLE FFE=8180.49' UPPER FFE=8190.14' MEAN ROOF HEIGHT = 8201.18' NEW GARDEN LEVEL NEW GARDEN LEVEL 8 1 6 5 81 7 0 8 1 7 5 8 1 8 0 81808185 8 1 8 5 8 1 9 0 8190 8 1 9 5 8200 8200 82058205 8210 82 1 0 8178 81808175817781778178 81958183 61.74  61.25  89.93  93.09  96.06  96.85  88.06  88.44  90.84  95.44  98.20  91.52  91.62  98.00  98.00  61.65  61.99  62.68  62.48  62.32  59.73  57.86  57.32  54.20  80.40  80.54  80.47  80.40  78.24 78.56  77.12  77.30  79.62 1.5:11 . 5 : 1 4.0:13.2:1TOW=8211.8' BOW=8199.5' TOW=8209.7' BOW=8199.5' TOW=8209.5' BOW=8198.5' TOW=8195.8' BOW=8195.9' TOW=8194.3' BOW=8194.2' TOW=8197.6' BOW=8191.7' TOW=8173.1' BOW=8171.3' TOW=8181.3' BOW=8174.6' TOW=8189.2' BOW=8179.2' TOW=8193.0' BOW=8180.6' TOW=8190.0' BOW=8177.3'TOW=8189.3' BOW=8176.9' TOW=8182.6' BOW=8177.5' TOW=8183.8' BOW=8177.2' TOW=8178.2' BOW=8170.8' TOW=8177.5' BOW=8170.8' TOW=8180.1' BOW=8170.8' TOW=8181.0' BOW=8170.8' 10.4% 7.1% 15.1 % 15.1 % 11.0% TOW=8157.5' BOW=8149.9' TOW=8156.2' BOW=8152.3' TOW=8195.4' BOW=8178.8' 10' @ 7.2 % 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com DAB 20' SCALE: 1" = 20' 0 40' ESTES PARK CHALET DEVELOPMENT PLAN GRADING PLAN EAST GRADING & EROSION CONTROL NOTES: 1.ALL REQUIRED PERIMETER SILT AND CONSTRUCTION FENCING SHALL BE INSTALLED PRIOR TO ANY LAND DISTURBING ACTIVITY (STOCKPILING, STRIPPING, GRADING, ETC). ALL OTHER REQUIRED EROSION CONTROL MEASURES SHALL BE INSTALLED AT THE APPROPRIATE TIME IN THE CONSTRUCTION SEQUENCE AS INDICATED IN THE APPROVED PROJECT SCHEDULE, CONSTRUCTION PLANS, AND EROSION CONTROL REPORT. 2.AT ALL TIMES DURING CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLE FOR PREVENTING AND CONTROLLING ON-SITE EROSION INCLUDING KEEPING THE PROPERTY SUFFICIENTLY WATERED SO AS TO MINIMIZE WIND BLOWN SEDIMENT. THE CONTRACTOR SHALL ALSO BE RESPONSIBLE FOR INSTALLING AND MAINTAINING ALL EROSION CONTROL FACILITIES SHOWN HEREIN. 3.PRE-DISTURBANCE VEGETATION SHALL BE PROTECTED AND RETAINED WHEREVER POSSIBLE. REMOVAL OR DISTURBANCE OF EXISTING VEGETATION SHALL BE LIMITED TO THE AREA(S) REQUIRED FOR IMMEDIATE CONSTRUCTION OPERATIONS, AND FOR THE SHORTEST PRACTICAL PERIOD OF TIME. 4.ALL SOILS EXPOSED DURING LAND DISTURBING ACTIVITY (STRIPPING, GRADING, UTILITY INSTALLATIONS, STOCKPILING, FILLING, ETC.) SHALL BE KEPT IN A ROUGHENED CONDITION BY RIPPING OR DISKING ALONG LAND CONTOURS UNTIL MULCH, VEGETATION, OR OTHER PERMANENT EROSION CONTROL BMPS ARE INSTALLED. NO SOILS IN AREAS OUTSIDE PROJECT STREET RIGHTS OF-WAY SHALL REMAIN EXPOSED BY LAND DISTURBING ACTIVITY FOR MORE THAN THIRTY (30) DAYS BEFORE REQUIRED TEMPORARY OR PERMANENT EROSION CONTROL (E.G. SEED/MULCH, LANDSCAPING, ETC.) IS INSTALLED, UNLESS OTHERWISE APPROVED BY THE LOCAL ENTITY. 5.UNLESS OTHERWISE STATED ALL SPOT ELEVATIONS ARE TOP OF CONCRETE. 6.ALL PROPOSED CONTOURS ARE TO TOP OF FINISHED PAVING AND LANDSCAPED AREAS. 7.MATCH EXISTING GRADES AT THE LIMITS OF CONSTRUCTION. LEGEND (NOT ALL ITEMS SHOWN ON EACH SHEET) UNDERGROUND ELECTRIC UNDERGROUND GAS SANITARY SEWER MAIN EXISTING PROPOSED SEWER MANHOLE TREE (SIZE NOT NOTED) SHRUB CONCRETE SURFACE FOUND PROPERTY MONUMENTATION ANNOTATIONS ABCDE SANITARY SEWER SERVICE UNDERGROUND TELEPHONE WATER MAIN WATER SERVICE EASEMENT BOUNDARY EDGE OF ASPHALT FENCE LINE EDGE OF GRAVEL DRIVE/WALK SETBACK LINE PROPERTY LINE WILDFIRE HAZARD BOUNDARY EASEMENT CENTERLINE MAJOR CONTOUR MINOR CONTOUR GEOLOGICAL HAZARD BOUNDARY ELEC/TELE/CABLE PEDESTAL/TRANSFORMER © 2019 97            3.0 :13.0 :18156815776.20 76.02  74.78  74.56  74.34 72.29  72.29  72.46  65.39  8160 8165 8170 8175 8175 8170NEW CURB AND GUTTER (∆ (∆ 8178 57.32  54.20  53.77  TOW=8183.8' BOW=8177.2' TOW=8157.5' BOW=8149.9' TOW=8156.2' BOW=8152.3' TOW=8155.3' BOW=8153.9' 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com DAB 20' SCALE: 1" = 20' 0 40' ESTES PARK CHALET DEVELOPMENT PLAN GRADING PLAN WEST 3" TYPE SX HOT MIX ASPHALT 4" COMPACTED CLASS 5 ABC COMPACTED NATIVE SUBGRADE BARRIER CURB PAVING SECTION NOT TO SCALE PAVING SECTION TO BE A MIN OF 3" ASPHALT ON 4" ROAD BASE LEGEND (NOT ALL ITEMS SHOWN ON EACH SHEET) UNDERGROUND ELECTRIC UNDERGROUND GAS SANITARY SEWER MAIN EXISTING PROPOSED SEWER MANHOLE TREE (SIZE NOT NOTED) SHRUB CONCRETE SURFACE FOUND PROPERTY MONUMENTATION ANNOTATIONS ABCDE SANITARY SEWER SERVICE UNDERGROUND TELEPHONE WATER MAIN WATER SERVICE EASEMENT BOUNDARY EDGE OF ASPHALT FENCE LINE EDGE OF GRAVEL DRIVE/WALK SETBACK LINE PROPERTY LINE WILDFIRE HAZARD BOUNDARY EASEMENT CENTERLINE MAJOR CONTOUR MINOR CONTOUR GEOLOGICAL HAZARD BOUNDARY ELEC/TELE/CABLE PEDESTAL/TRANSFORMER © 2019 98 (∆ (∆ ∆ (∆ NEW ELECTRIC/COMMUNICATION SERVICE UTILITY BOXES TO BE RELOCATED NEW BURIED ELECTRIC/COMMUNICATIONS SERVICE NEW 6" DIP SERVICE NEW 6" DIP SERVICE NEW 8" SEWER SERVICE MAINTAIN EXISTING GAS SERVICE RE-ROUTED 8" DIP MAIN LINE NEW 12" ADS STORM SEWER NEW MANHOLE RIM EL=8145.50' INV. IN=42.00' INV. OUT=41.90' NEW MANHOLE RIM EL=8175.96' INV. IN=72.46' INV. OUT=72.36' NEW MANHOLE RIM EL=8178.15' INV. IN=74.65' INV. OUT=74.55' NEW TYP "C" INLET RIM EL=8176.71' INV. IN=73.21' INV. OUT=73.11' TIE NEW STORM SEWER INTO EXISTING INLET SCALE: 1" = 40' 80'40'0 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com DAB ESTES PARK CHALET DEVELOPMENT PLAN UTILITY PLAN LEGEND (NOT ALL ITEMS SHOWN ON EACH SHEET) UNDERGROUND ELECTRIC UNDERGROUND GAS SANITARY SEWER MAIN EXISTING PROPOSED SEWER MANHOLE TREE (SIZE NOT NOTED) SHRUB CONCRETE SURFACE FOUND PROPERTY MONUMENTATION ANNOTATIONS ABCDE SANITARY SEWER SERVICE UNDERGROUND TELEPHONE WATER MAIN WATER SERVICE EASEMENT BOUNDARY EDGE OF ASPHALT FENCE LINE EDGE OF GRAVEL DRIVE/WALK SETBACK LINE PROPERTY LINE WILDFIRE HAZARD BOUNDARY EASEMENT CENTERLINE MAJOR CONTOUR MINOR CONTOUR GEOLOGICAL HAZARD BOUNDARY ELEC/TELE/CABLE PEDESTAL/TRANSFORMER NEW 6" SDR35 SERVICE RELOCATE EXISTING ELECTRIC PRIMARY LINES ALONG THIS EMBANKMENT AS NEEDED DUE TO GRADING UTILITY BOXES TO BE RELOCATED © 2019 NEW FIRE HYDRANT 99 (∆ (∆ ∆ (∆ SCALE: 1" = 40' 80'40'0 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com© 2019 DAB ESTES PARK CHALET DEVELOPMENT PLAN LANDSCAPE PLAN LANDSCAPE NOTES: 1. ALL DISTURBED AREAS SHALL BE RESTORED TO NATURAL-APPEARING LAND FORMS, WITH CURVES THAT BLEND IN WITH ADJACENT UNDISTURBED SLOPES. ABRUPT ANGULAR TRANSITIONS AND LINEAR SLOPES SHALL BE AVOIDED. 2. ALL AREAS DISTURBED BY GRADING SHALL BE RE-VEGETATED WITHIN ONE GROWING SEASON AFTER CONSTRUCTION USING A SUBSTANTIAL MIXED STAND OF NATIVE GRASSES AND GROUND COVERS. THE DENSITY OF THE REESTABLISHED GRASS VEGETATION AFTER ONE GROWING SEASON SHALL BE ADEQUATE TO PREVENT SOIL EROSION AND INVASION OF WEEDS. 3. ALL PORTIONS OF THE SITE WHERE EXISTING VEGETATIVE COVER IS DAMAGED OR REMOVED, THAT ARE NOT OTHERWISE COVERED WITH NEW IMPROVEMENTS, SHALL BE SUCCESSFULLY RE-VEGETATED WITH A SUBSTANTIAL MIXED STAND OF NATIVE OR ADAPTED GRASSES AND GROUND COVERS. 4. ON MAN-MADE SLOPES OF 25% OR GREATER, PLANT MATERIALS WITH DEEP ROOTING CHARACTERISTICS SHALL BE SELECTED THAT WILL MINIMIZE EROSION AND REDUCE SURFACE RUNOFF. ALL MAN-MADE SLOPES GREATER THAN 50% WILL BE MULCHED AND NETTED TO ENSURE ADEQUATE STABILIZATION AND RE-VEGETATION. 5. TO THE MAXIMUM EXTENT FEASIBLE, TOPSOIL THAT IS REMOVED DURING CONSTRUCTION SHALL BE STOCKPILED AND CONSERVED FOR LATER USE ON AREAS REQUIRING RE-VEGETATION OR LANDSCAPING, SUCH AS CUT-AND-FILL SLOPES. 6. NO TREES OR VEGETATION SHALL BE REMOVED OUTSIDE THE APPROVED LIMITS OF DISTURBANCE. 7. CONIFER TREES SHALL BE SIZED AS 50% EIGHT FEET TALL AND 50% AT SIX FEET TALL AT PLANTING. DECIDUOUS TREES SHALL BE SIZED AS 50% AT FOUR INCH CALIPER AND 50% AT TWO INCH CALIPER PLANTING. SHRUBS SHALL BE 5 GALLON CONTAINER OR LARGER AT PLANTING. 8. ALL PLANT MATERIAL SHALL MEET THE AMERICAN ASSOCIATION OF NURSERYMEN SPECIFICATIONS FOR NUMBER 1 G0RADE AND SHALL COMPLY WITH THE QUALITY STANDARDS OF THE COLORADO NURSERY ACT, TITLE 35, ARTICLE 25, C.R.S., AS AMENDED. 9. ALL LANDSCAPES SHALL INCLUDE A PROPERLY FUNCTIONING AUTOMATED SPRINKLER SYSTEM WITH INDIVIDUAL DRIP LINES FOR NATURAL AREAS. SPRINKLER SYSTEM TO BE TEMPORARY FOR PLANT ESTABLISHMENT. SPRINKLER SYSTEM TO BE IN PLACE FOR A MINIMUM OF 18 MONTHS. 10. REQUIRED LANDSCAPING SHALL BE MAINTAINED IN A HEALTHY, GROWING CONDITION AT ALL TIMES. THE PROPERTY OWNER IS RESPONSIBLE FOR REGULAR IRRIGATING, PRUNING, WEEDING, MOWING, FERTILIZING, REPLACEMENT OF PLANTS IN POOR CONDITION AND OTHER MAINTENANCE OF ALL PLANTINGS AS NEEDED. 11. ALL TREES SHALL BE STAKED, GUYED AND FENCED TO PROTECT FROM WILDLIFE DAMAGE. NO CHAIN LINK FENCING SHALL BE ALLOWED TO PROTECT LANDSCAPING FROM WILDLIFE DAMAGE. 12. DEPARTMENT OF WILDLIFE SHALL NOT BE RESPONSIBLE FOR DAMAGE BY WILDLIFE. LANDSCAPE REQUIREMENTS: DISTRICT BUFFER: N/A STREET FRONTAGE BUFFER: N/A PERIMETER PLANTINGS - 1 TREE PER 30' AND 1 SHRUB PER 5' PROPOSED PARKING LOT PERIMETER REQUIREMENTS - 110' SOUTH, 190' NORTH= 300', 10 TREES, 60 SHRUBS REQUIRED INTERIOR PLANTINGS - N/A (<30 NEW SPACES) TOTAL REQUIRED LANDSCAPE: 10 TREES AND 60 SHRUBS LEGEND (NOT ALL ITEMS SHOWN ON EACH SHEET) UNDERGROUND ELECTRIC UNDERGROUND GAS SANITARY SEWER MAIN EXISTING PROPOSED SEWER MANHOLE TREE (SIZE NOT NOTED) SHRUB CONCRETE SURFACE FOUND PROPERTY MONUMENTATION ANNOTATIONS ABCDE SANITARY SEWER SERVICE UNDERGROUND TELEPHONE WATER MAIN WATER SERVICE EASEMENT BOUNDARY EDGE OF ASPHALT FENCE LINE EDGE OF GRAVEL DRIVE/WALK SETBACK LINE PROPERTY LINE WILDFIRE HAZARD BOUNDARY EASEMENT CENTERLINE MAJOR CONTOUR MINOR CONTOUR GEOLOGICAL HAZARD BOUNDARY ELEC/TELE/CABLE PEDESTAL/TRANSFORMER 100 1 4 N EW S P A C E S ( P E R V I O U S P A V E R S )5 NEW SPACES (1 VAN ADA )5 NEW SPACES3 NEW SPACES2 NEW SPACES3 NEW SPACES 3 N E W S P A C E S 11 N E W S P A C E S ( 1 A D A , 1 L O A D I N G T Y P E B ) LEGEND SCALE: 1" = 40' 80'40'0 1191 WOODSTOCK DRIVE, ESTES PARK, CO 80517 www.trailridgece.com * 970-308-8221 * dbangs@trailridgece.com DAB PARKING INFORMATION: EXISTING PARKING SPACES=153 SURFACE SPACES =12 GARAGE SPACES =165 TOTAL TOTAL REQUIRED PARKING: 195 SPACES (SEE TRAFFIC REPORT) REQUIRED ADA SPACES: 6 SPACES TOTAL (1 CAR, 1 VAN) ADDITIONAL PARKING PROVIDED - 31 SPACES FOR NEW ACCOMMODATIONS UNITS, 196 TOTAL EXISTING LOT COVERAGE: 142,055 S.F. PROPOSED LOT COVERAGE: 153,596 S.F. ALLOWABLE LOT COVERAGE = 310,000*0.5=155,000 S.F. SEE ARCHITECTURAL FOR BUILDING HEIGHT CALCULATIONS EXISTING PROPOSED SEWER MANHOLE CONCRETE SURFACE FOUND PROPERTY MONUMENTATION ANNOTATIONS ABCDE EASEMENT BOUNDARY EDGE OF ASPHALT FENCE LINE EDGE OF GRAVEL DRIVE/WALK SETBACK LINE PROPERTY LINE WILDFIRE HAZARD BOUNDARY EASEMENT CENTERLINE MAJOR CONTOUR MINOR CONTOUR GEOLOGICAL HAZARD BOUNDARY ELEC/TELE/CABLE PEDESTAL/TRANSFORMER © 2019 ESTES PARK CHALET DEVELOPMENT PLAN PARKING PLAN 101 DN DN NORTH WING (ADJACENT CONDOS) HOTEL FOOTPRINT SOUTH WING (CONDOS) REGRADE DRIVE IN THIS AREA TO OPEN UP MORE OF THE LOWER LEVEL PEDESTRIAN BRIDGE EVENT CENTER REGRADE DRIVE IN THIS AREA TO OPEN UP MORE OF THE MAIN LEVEL BAR PATIO HOT TUB PATIO PORTE COCHERE WIDEN ROAD AND REMOVE ICE HOUSE ALTERNATE SERVICE AND DELIVERY ENTRANCE (36' TRUCK SHOWN FOR SCALE) POSSIBLE DUMPSER ENCLOSURE LOCATION NEAR EXISTING GARAGE INTEGRATE NEW DECK WITH EXISTING WATER FEATURE NGROUPODESTONELDESIGNLODESTONE DESIGN GROUP701 DELAWARE AVENUE SUITE CLONGMONT, CO 80501PHONE: 303-800-8633FAX: 303-731-0877mail@lodestonedesign.comwww.LodestoneDesign.comThe Information shown on this document represents copyrighted intellectual property. Reproduction and/or distribution is not permitted without the prior consent of Lodestone Design Group. ISSUE RECORD DATE DRAWING TITLE: DATE: DRAWN:CHECKED: PROJECT #: 5-15-19DEVELOPMENT REV. A0-0 SITE PLAN June 19, 2019 Author THE ESTES PARK CHALETPROJECT ADDRESSCITY, STATE ZIP CODEChecker 19-022THE ESTES PARK CHALETSCALE:1" = 20'-0"1 SITE PLAN # REVISION DATE 1 Revision 1 3-3-99 102 PEDESTRIAN BRIDGE TO HOTEL EXTERIOR STAIR TO MAIN LEVEL DECK ABOVE THIRD LEVEL OF HOTEL FLOOR ELEVATION:8192' GROSS FLOOR AREA:2,800 SQ.FT. Storage and Mechanical ? Welcome Lobby ? EXTERIOR STAIR TO PEDESTRIAN BRIDGE EXTERIOR STAIR TO EVENT VENUE SERVICE ENTRY SWEEPING STAIR TO UPPER FLOOR ELEVATION:8202' GROSS FLOOR AREA:3,800 SQ.FT. DJ AREA Deck ? Banquet Hall ?Women's ? Men's ? Buffet Service ? Storage ? Banquet Kitchen ? Elevator Landing ?GROUPODESTONELDESIGNLODESTONE DESIGN GROUP701 DELAWARE AVENUE SUITE CLONGMONT, CO 80501PHONE: 303-800-8633FAX: 303-731-0877mail@lodestonedesign.comwww.LodestoneDesign.comThe Information shown on this document represents copyrighted intellectual property. Reproduction and/or distribution is not permitted without the prior consent of Lodestone Design Group. ISSUE RECORD DATE DRAWING TITLE: DATE: DRAWN: CHECKED: PROJECT #: 5-15-19DEVELOPMENT REV. A1.9 EVENT CENTER LOWER AND MAIN LEVEL June 19, 2019 Author THE ESTES PARK CHALETPROJECT ADDRESSCITY, STATE ZIP CODEChecker 19-022THE ESTES PARK CHALETSCALE:1/8" = 1'-0"1 EVENT CENTER LOWER LEVEL NSCALE:1/8" = 1'-0"2 EVENT CENTER MAIN LEVEL # REVISION DATE 109 EVENT STAGE EVENT SEATING FOR ~200 PEOPLE EXTERIOR STAIR TO DECK FLOOR ELEVATION:8216' GROSS FLOOR AREA:1,300 SQ.FT. OPERABLE ROOF ABOVE Upper Hall ? Bride's Quarters ? Men's ? Women's ? Event Venue ?GROUPODESTONELDESIGNLODESTONE DESIGN GROUP701 DELAWARE AVENUE SUITE CLONGMONT, CO 80501PHONE: 303-800-8633FAX: 303-731-0877mail@lodestonedesign.comwww.LodestoneDesign.comThe Information shown on this document represents copyrighted intellectual property. Reproduction and/or distribution is not permitted without the prior consent of Lodestone Design Group. ISSUE RECORD DATE DRAWING TITLE: DATE: DRAWN: CHECKED: PROJECT #: 5-15-19DEVELOPMENT REV. A1.10 EVENT CENTER UPPER FLOOR AND ROOF PLAN June 19, 2019 Author THE ESTES PARK CHALETPROJECT ADDRESSCITY, STATE ZIP CODEChecker 19-022THE ESTES PARK CHALETSCALE:1/8" = 1'-0"1 EVENT CENTER UPPER LEVEL SCALE:1/8" = 1'-0"2 EVENT CENTER ROOF PLAN # REVISION DATE 110 EVENT CENTER LOWER LEVEL 120' -11 1/2" EVENT CENTER MAIN LEVEL 130' -5 1/2" EVENT CENTER UPPER LEVEL 147' -5 1/2" EVENT CENTER T.O. FOUND. 129' -3 3/8" EVENT CENTER UPPER LEVEL PLATE 155' -6 5/8" EVENT CENTER HIGHEST RIDGE 163' -1 5/8" BISTRO WALNUT PAINTED 6" FIBER CEMENT LAP SIDING, TYP. WARM CHESTNUT PAINTED FIBER CEMENT BOARD AND BATTEN SIDING, TYP. NATURAL PINE STAINED TIMBER SHADE STRUCTURE GLASS TOP PANEL AT GUARD AT EDGE OF ROOF DECK NATURAL PINE STAINED WOOD DETAILING AT DECK AND STAIR. BRIDGE TO CHALET. (SHOWN IN SECTION) ARTIFICIAL STONE VENEER TO MATCH RECLAIMED STONE EVENT CENTER LOWER LEVEL 120' -11 1/2" EVENT CENTER MAIN LEVEL 130' -5 1/2" EVENT CENTER UPPER LEVEL 147' -5 1/2" EVENT CENTER UPPER LEVEL PLATE 155' -6 5/8" EVENT CENTER HIGHEST RIDGE 163' -1 5/8" BISTRO WALNUT PAINTED 6" FIBER CEMENT LAP SIDING, TYP. WARM CHESTNUT PAINTED FIBER CEMENT BOARD AND BATTEN SIDING, TYP. ARTIFICIAL STONE VENEER TO MATCH RECLAIMED STONE NATURAL PINE STAINED TIMBER SHADE STRUCTURE KITCHEN MECHANICAL EQUIPMENT ROOF MOUNTED @ THIS LOC.GROUPODESTONELDESIGNLODESTONE DESIGN GROUP701 DELAWARE AVENUE SUITE CLONGMONT, CO 80501PHONE: 303-800-8633FAX: 303-731-0877mail@lodestonedesign.comwww.LodestoneDesign.comThe Information shown on this document represents copyrighted intellectual property. Reproduction and/or distribution is not permitted without the prior consent of Lodestone Design Group. ISSUE RECORD DATE DRAWING TITLE: DATE: DRAWN: CHECKED: PROJECT #: 5-15-19DEVELOPMENT REV. A2.3 ELEVATIONS June 19, 2019 LDG THE ESTES PARK CHALETPROJECT ADDRESSCITY, STATE ZIP CODEJVS 19-022THE ESTES PARK CHALET# REVISION DATE SCALE:1/8" = 1'-0"1 EVENT CENTER EAST ELEVATION SCALE:1/8" = 1'-0"2 EVENT CENTER WEST ELEVATION MIDPOINT OF ROOF SURVEY: 8230.86' SURVEY: 8190.14' SURVEY: 8200.14' SURVEY: 8218.14' SURVEY: 8226.23' SURVEY: 8235.48' AVERAGE GARDE: 8212+8190 / 2 = 8201.0' MIDPOINT OF ROOF SURVEY: 8230.86' AVERAGE GARDE: 8212+8190 / 2 = 8201.0' 111 MARCH&OLIVE,LLCJ.BRADFORD\IARCII&TTORNEYSAM)COLXSLLORSATLAWARTHLRF.\IARCIISTEWARTW*OLIVE1312S.CollegeAvenue1908-1981FORT(OII1NSCO 80524:RIIIURF.\IAI{CHJR(970)482-43221933-2005\X970)482-5719-JUlINW*PI-IARRISRelired-2019August16.2019EstesParkTownBoardTownHallP.O.Box1200Room210EstesPark.Co80517EstesParkPlanningCommissionTownHallP.O.Box1200Room210EstesPark,CO80517Re:TheEstesParkChaletApplicant:MarvsLakeLodgeHotelOwnersAssociationDearTownBoardMembersandPlanCommissionMembers:ThepurposeofthisletteristosupplementtheApplicationoftheMarysLakeLodgeHotelOwnersAssociation(MLLHOA)fortheredevelopmentofMarysLakeLodgeHotelpropertytoaddressanissuerecentlyraisedinaAugust12.2019emailbyJamesStevenswhoistheownerof528Promontory.EstesPark.Mr.StevenssenthisemailtoJeffWoeberastheplannerof’fortheredevelopmentplanfortheMarysLakeLodge.Asmanyofyoumayhefamiliar.MarysLakeLodgewasdestroyedbyfireonJune23.2018.MLLHOAistheownerofthepropertyandhas.siibiitteditsApplicationtoredevelopitsproperty.TheApplicationincludesarequesttoconstructaneventscenterlocatedontheMLLHOAslimitedcommonareaonLot3AoftheMarysLakeSubdivision.Mr.Stevensstatesa30footutilityeasementexistswheretheevent centerwillbelocatedwhichisthesourceofthePromontory’selectricityandsewerconnections.Unfortunately.Mr.Stevensismistaken.TheeasementinquestionisapublicutilityeasementwhichwasdedicatedtotheTownofEstesParkintheattachedCondominiumMapfortheMIL-2Lot3A&3B.Mary’sLakeReplat(Replat.)TheeasementhasbeenhighlightedinpinkontheReplat.Theonlyutilityserviceinthe30footeasementisawatersupplylinewhichdoessupplythePromontory.IhaveattachedacopyofanaerialphotographfromtheWaterDistributionSystemfortheTownwhichshowsthelocationofthewaterlineinasolidblueline.Inadditiontothe30foothighlightedeasement,the112 Replatalsodedicateda10footutilityeasementtotheTownaroundtheboundariesofLot3A.Thereisalsoa10footpublicutility-easementrunningalongtheboundaryofLot6ofMars’sLakeRe—Plat.thePromonton-lot,whichisadjacenttothe10footpublicutilityeasementonLot3A.SeeattachedReplatofLot6wheretheperinentportionofthe10footpublicutilitycasementalongtheboundarywithLot3Aisshadedblue.Thus,thereare20feetofpublicutilityeasementsalongthecommonboundaryLots6and3A.Thecombinedpublicutilityeasementsmeetthewidthrequirementsforwaterlineeasementsestablishedby-theTown.MLLCOAisproposingtorelocatethewaterlinefromthe30footeasementintothe20footcombinedutilityeasementsalongthecommonboundaryofLots6and3A.TheaboveisdetailedontheattachedtitilitvPlanwhichisaportionofthedevelopmentplansubmittedbyMLLFIOA.ContrarxtoMr.Stevens’concerns,therearenosewerlinesorelectricpowerlineswhichservethePromontorywhichwouldheaffectedby-theconstructionoftheeventcenter.MLLI—IOAhasrequestedthattheTownvacatethe30footeasement,inconjunctionwiththeapprovaloftherelocationofthewaterline,toallowfortheconstructionoftheeventcenter.MLLHOAhasbeenveryupfrontandcandidwiththePlanningDepartmentstaffontherequeststorelocatethewaterlineandtovacatetheeasement.Therehavebeennosurprisesorlastminutechanges.Mr.Stevens’complaintsareunfoundedfortworeasons.First.thewatersupplytothePromontorywillnotheadverselyaffectedbytherelocationofthewaterlinefromoneexistingpublicutility-easementtotwoexistingpublicutilityeasements.Second.therearenootherutilitieswhichaffectthePromontorywhichwillheaffectedbytheconstructionoftheeventcenter.Instead,approvaloftheApplicationwillallowMan’sLakeLodgetobereconstructedtoresumeitsroleasthecenterpieceoftheMarysLakeSubdivisionandasavaluableassettotheTownofEstesParkatlarge.Further,theTownhasthelegalauthoritytovacatethe30footeasementandtoallowthewaterlinetoberelocatedtothe20footcombinedeasementsalongtheboundariesofLots6and3AasapartoftheapprovaloftheApplication.Section30-28-110C.R.S..providesfortheformationofregionalplanningdistricts.Subsection(1)(d)ofthestatuteempowersanyregionalplanningdistrictformedpursuanttothestatutetoaccept.widen,remove,extend,relocate,narrow-,vacate.abandon.changetheuse.orsellorleasepublicusepropertieswhichincludeseasements.TheTownofEstesParkandLarimerCountyhaveformedtheEstesValleyPlanningCommission(EVPC)andtheTownhasadoptedtheEstesValleyDevelopmentCode(Code.)Section3.13oftheCodestatesthatitspurposeistoimplement§30—28-110.SubsectionB(1)(b)ofsection3.13provides:Locationandextentreviewshallalsoapplytotheacceptance.widening.removal.extension,relocation.narrowing.vacation,abandonment,changeofuse,orsale.leaseoracquisitionofanylandforanypublicusesubjecttothisSection.SubsectionC(l)ofsection3.13requiresanapplicanttosubmitaproposeddevelopmentplantotheEVPCforapproval,pursuanttothedevelopmentplanapprovalprocess.priortotheconstructionorauthorizationofanypublicusethatissuhiecttolocationandextentreview.AscanheseenbytheattachedUtilityPlan.MLLHOAhasfullycompliedwiththeprovisionsofsubsection(‘(I)andhascompliedwiththeotherrequirementsoftheCodeinthereviewprocess.ThestatuteandtheCodeempowerthePlanningCommissionandtheTownBoardtovacatethe113 30iboteasementandtoallowthewaterlinetoberelocatedtothe20footcombinedeasementsasapartoftheirconsiderationoftheApplication.ifyouhaveanyquestionsorcomments,pleasecontactme.Sincerely..44StewartXV.OliveAttorneyatLaw114 0 C, N O 0 - Co0o 0 1 2 1:11 I THE MAP OF MLL—2 CONDOMINIUMS LOT 3A &SB OF MARY’S LAKE REPLAT, LOCATED IN SECTION 2,TOWNSHIP 4 NORTH,RANGE 73 WEST OF THE 6th P.M.,TOWN OF ESTES PARK,LARIMER COUNTY,COLORADO 4r2 rt - /I //w I \_,_;1 L2E1IHQkQEB_&.1 A II IA ‘/ — C “-----Sr.. LTOP. VnyIq •I r I1I\ 2QARI)OP rRUSb:I r/-.ii TI/1 -- -5-.-’.1 1111. --. o1 -I MA,-rs .<r RrPUT 1.102 n 115 -DCiC,CCC,C,-wC)-cCCitC—ar-CC),Ci£Ci,-cCi.’-.Uc--aC’—i—CC,O-wC—\.C-iCCiCiCCC-CCi,CCCia-cCdEVaCC2SVa>-CC——S.0s-cLflC‘-I0C,aa0—1_ECMC.1-I,04-CM-cC0CSNCiCC-flVaCCiccCa.Cp1-rdY•,p1-bC)aCM©CC/i:0V=n116 r 6 b U z of c.., ø I 1 3 THE PROMONTORY AT KIOWA RIDGE CONDOMINIUM MAP (SUPPLEMENTAL #1) LOT 6 OF MARY’S LAKE REPLAT, LOCATED IN SECTION 2,TOWNSHIP 4 NORTH,RANGE 73 WEST OF THE 6th P.M.,TOWN OF ESTES PARK,LARIMER COUNTY,cOLORADO / I I BOAB_sE_Ic(_LCF sIr,ATI —t f r- Of cat a I Ir 4 LOT 6 —‘C •S C’ --C 1 :w.Th_ -St .tC .:,-.-‘-,n4T-—“ A 1 I .&:Q . c i... 4 :t:rr NI -- LLII N±fJ.U)EzZLZL-ZLJ .HTEjZ N 117 ii118 FINANCE DEPARTMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: Aug 27, 2019 RE: Accept Delivery of the Audited Financial Statements for the Year Ending December 31, 2018 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Obtain formal acceptance of the audit of the Comprehensive Annual Financial Report (CAFR), including the Single Audit Reports, for the year ended December 31, 2018. Present Situation: The Town of Estes Park has received the annual audit of its financial statements as required by State Statute CRS 29-1-603 and, when applicable, the Federal Single Audit Act. The CAFR has been posted online on the Finance webpage at: 2018 CAFR This audit covers both the Town’s operations and Visit Estes Park (VEP) as a required component unit. Note 1 Summary of Significant Accounting Policies on page 12 of the CAFR explains the inclusion of VEP. Randy Watkins, Audit Partner with ACM, LLP (ACM) met with the audit committee on July 23, 2019 at 8:00 am to review the CAFR and results of the audit. The independent auditor’s report expressed an unmodified (“clean”) opinion that the financial statements presented fairly, in all material respects, the financial position of the funds and activities of the Town of Estes Park in conformity with Generally Accepted Accounting Principles (GAAP). This was the second year the audit was performed by ACM, LLP. In addition to helping prepare the CAFR, ACM, LLP also prepares a benchmarking report called the “Beyond the Numbers” report which compares the Town’s operations against selected other entities. This report was not ready for the audit committee but has been included in the attachment of this agenda item for your reference. 119 To comply with State Statute filing deadlines and also the Single Audit filing deadlines, the CAFR has already been filed with the appropriate agencies. This action item is to formally acknowledge the receipt of the audit by the Town Board, as recommended by the audit committee. Proposal: Approve the audit committee’s recommendation to accept the audit report and CAFR as presented. Advantages: Compliance with State Statutes, bond covenants, and grantor requirements. Disadvantages: None identified. Action Recommended: The audit committee referred the acceptance of the audit report and CAFR for the year ended Dec 31, 2018 to the Town Board for consideration. Finance/Resource Impact: The audit is an ongoing annual obligation budgeted in the following accounts: 101-1500-415-22-01 502-6501-560-22-01 503-6500-560-22-01 Level of Public Interest I have received no inquiries from the public in regards to this CAFR. Sample Motion: I move for the approval/denial of acceptance of the audit report and Comprehensive Annual Financial Report for the year ended December 31, 2018. Attachments: Attachment A: 2018 Audit Presentation Slides Attachment B: 2018 Audit Wrap Up Communication Attachment C: 2018 Beyond the Numbers report 2018 CAFR – Hard copy distributed separately and available online at: 2018 CAFR 120 Town of Estes Park, Colorado – Audit and Financial Highlights 1 Introduction Randy Watkins, CPA Audit Partner ACM LLP 2 121 Audit Reports • Audit of the Town of Estes Park, Colorado, including opinions on the governmental and business-type activities, the aggregate discretely presented component unit, each major fund, and the aggregate remaining fund information • Audit performed in accordance with Generally Accepted Auditing Standards (AICPA), and Generally Accepted Government Auditing Standards (GAO Yellow Book) • Unmodified opinion on the financial statements 3 Audit Reports (Cont) •Government Auditing Standards Report: – Performed in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States – No noted material weaknesses, though material weaknesses may exist that have not been identified – The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported –Limited purpose report 4 122 Financial Statement Highlights • The Financial Statements have been prepared in accordance with Accounting Principles Generally Accepted in the United States of America applicable to Governments (GASB) – Government-wide and proprietary fund financial statements are presented using the full-accrual basis and economic resources measurement focus. – Governmental Fund financial statements are presented using the modified accrual basis and current financial resources measurement focus. 5 Financial Statement Highlights Statements of Net Position – Unrestricted cash and investments increased approximately $8.6 million in total, primarily resulting from collection of grants receivable, increase in fund balance and timing of cash collections. – Capital asset activity: • Governmental Activities increased approximately $615,000 • Business-type activities increase approximately $4.2 million – Long-term debt activity: • Governmental Activities decreased approximately $550,000 • Business-type Activities increased approximately $500,000 6 123 Financial Statement Highlights Statements of Net Position (Cont) Net position/Fund Balance Analysis: 7 Fund/Activity Balance %Mos Gov't Activities 3,588$ 17.4%2.1 Bus-Type Act 12,019$ 58.4%7.0 General Fund 7,541$ 47.3%5.7 Unrestricted/Unassigned Net Position/Fund Balance as %/Mos of Expenses/Expenditures ($ in thousands) Financial Statement Highlights Statements of Revenues, Expenses and Changes in Net Position – Governmental Activities increased net position by approximately $3.5 million. – Business-Type Activities increased net position by approximately $4.4 million. – The General Fund increased fund balance by approximately $6.5 million. – Other governmental funds increased fund balance by approximately $1.3 million. 8 124 Financial Statement Highlights Statements of Revenues, Expenses and Changes in Net Position – The Light and power improved net position by approximately $2.6 million (before the effects of the adoption of GASB No. 75, which resulted in an approximate $433,000 decrease). – The Water Fund improved net position by approximately $2.5 million (before the effects of the adoption of GASB No. 75, which resulted in an approximate $274,000 decrease). 9 Financial Statement Highlights Statements of Cash Flows – All Enterprise Funds – Cash provided by operating activities was approximately $7.4 million for all enterprise funds – Cash flows from capital and related financing activities resulted in a decrease of cash of approximately $6.2 million primarily due to the purchase of capital assets – Cash provided by noncapital financing activities was approximately $819,000 – Cash provided by investing activities was approximately $307,000 10 125 Financial Statement Highlights Notes to Financial Statements – Capital asset activity can be found in Note 4 beginning on page 22 – Long-term Debt Obligation information can be found in Note 5 beginning on page 23 – Pension plan information is presented in Note 8 beginning on page 27 – Other post-employment benefit information is presented in Note 9 beginning on page 35 11 126 FINANCE DEPARTMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Machalek From: Duane Hudson, Finance Director Date: Aug 27, 2019 RE: Appointment of ACM, LLP to Perform the Audit for Year Ending December 31, 2019 (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Appointment of ACM, LLP to perform the audit for the year ending December 31, 2019. Present Situation: As required by state statute, grant agreements and other regulations, the Town is required to have an annual audit of its Comprehensive Annual Financial Report (CAFR). ACM, LLP was appointed on Jan 9, 2018 to perform the audit of the Town’s 2017 CAFR and was subsequently reappointed to perform the audit of the 2018 CAFR. This action item is to re-appoint ACM, LLP to perform the Town’s audit of the 2019 CAFR, which will be the third year of a five year engagement. Proposal: Since the auditor works on behalf of the Town’s Audit Committee and the full Town Board, the audit committee recommends that the Town Board formally approve re- appointment of ACM, LLP to audit the 2019 CAFR. Advantages: The Town is required by state statute and by grantor agreements to have an annual audit conducted by a qualified CPA firm. This action will demonstrate continued compliance with this requirement. Disadvantages: None identified. 127 Action Recommended: The Audit Committee and the Finance Department is recommending appointment of ACM, LLP to conduct the audit of the 2019 CAFR. Finance/Resource Impact: The audit is an annual expense budgeted at a total of $46,000 for 2019. Level of Public Interest No comments or inquiries have been received regarding this appointment. Sample Motion: I move for the approval/denial to award the engagement for the financial statement audit for the year ended December 31, 2019 to ACM, LLP. 128