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HomeMy WebLinkAboutPACKET Town Board 1995-04-25BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 25, 1995 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated April 11, 1995. 2. Bills. 3. Committee Minutes: A. Light and Power, April 13, 1995. B. Public Safety, April 20, 1995. C. Planning Commission, April 18, 1995 (acknowledgement only). 4. Public Hearing. Final Plat of Grey Fox Estates, First Filing, Richard and Ann Barlow/Applicant. 5.A. Special Event Application filed by the American Legion Post #119 for event scheduled May 29, 1995 - Authorization to post the premises. B. Special Event Application filed by the Estes Park Lions Club for Western Heritage Days scheduled July 12-15, 1995 - Authorization to post the premises. ACTION ITEMS: 1. Light and Power Committee, April 13, 1995: A. Electric Utility Contract between Rocky Mountain National Park and the Town. 2. Planning Commission, April 18, 1995: A. Public Hearing. Special Review #95-1, Tract 4, Beaver Point, First Addition, Peter and Ricki Ingersoll/Applicant. 3. Intergovernmental Agreement between the Park R-3 School District, Estes Valley Recreation and Park District, and the Town for an Interim Youth Center. 4. Legal Opinion of Stanley Park Deed Restrictions - Town Attorney White. 5. Town Administrator's Report: A. Parking Plan Update. 1 Town of Estes Park, Larimer County, Colorado, . . .AP]:il .11 . ., 19. . . 95 Minutes of a . . .Regular . meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . . .11thday of ...... .April, A.D., 19. ..95 at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... Present: Mayor Trustees: H. B. Dannels Robert L. Dekker, Mayor ProTem Susan L. Doylen, Stephen W. Gillette, William J. Marshall, Also Present: Michael E. Miller, Gary F. Klaphake, J. Donald Pauley Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, »,944: Town Clerk Absent: None Mayor Dannels called the meeting to order at 7:34 P.M. Town Clerk O'Connor conducted a Swearing-In Ceremony for Randy Repola, Captain, assuming the duties of Acting Police Chief. Retiring Police Chief Racine expressed his appreciation to the Town Board and staff. PUBLIC INPUT. Louis Canaiy noted his dissatisfaction with the Town Board and EPURA in purchasing the Knoll Property. The Town has increased its debt, and currently has almost complete control of the site I pursuant to zoning regulations. Louis O'Riordan confirmed his support of Trustee Miller, advised he , is once more organizing a campaign to repeal sales tax on groceries, and commented on potential federal health care cuts for the poor and elderly. George Hockman suggested the Trustees attend an EVIA meeting scheduled April 13 on noxious weeds and their control. CONSENT CALENDAR: 1. Town Board minutes dated March 28, 1995. 2. Bills. 3. Committee Minutes: A. Community Development, April 6, 1995. B. Board of Adjustment, April 4, 1995 (acknowledgement only). 4. Liquor Licenses: A. Resolution #10-95 - Setting public hearing date of May 9, 1995 to consider New Beer and Wine Liquor License Application filed by Mountain Home Cafe, Inc., dba MOUNTAIN HOME CAFE, 457 E. Wonderview Ave., Unit #C-1. B. Resolution #11-95 - Setting public hearing date of May 9, 1995 to consider New Beer and Wine Liquor License Application filed by Kevin Metivier, dba BISTRO IN THE Board of Trustees - April 11, 1995 - Page 2 PARK, 861 Moraine Ave. 5. Planning Commission: A. Motion to withdraw the Amended Plat of Lot 10, Block 2, Park Entrance Estates, Ted Chittwood/Applicant. It was moved and seconded (Dekker/Gillette) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Revised Downtown Parking Plan - Continued from March 28. 1995. Administrator Klaphake reviewed parking plan options for paid parking as presented March 28, adding that a decision must be made if paid parking is to be installed before summer. Mayor Dannels reported that numerous telephone calls have been received and that the general consensus of the calls was unfavorable. Trustee comments included: individuals for and against paid parking should meet and review phasing, financing, and alternatives to help alleviate congestion; parking is a limited resource and limiting factor; interested parties should come together and create a plan covering the next ten years; a plan must include dialogue with the business community; paid parking is an option for the future; as in other heavily-visited national parks, private vehicles may, in the near future, be denied access to RMNP; and the business community should get together and decide how to settle the parking--it is not the Town's nor EPURA's responsibility. Public comments were heard from Louis o'Riordan (formation of a parking S.I.D.--as presented ten years ago); Louis Canaiy (use of parking tokens issued by merchants to their patrons); Ralph Haber (initiate a sales tax to be paid by tourists to purchase additional property for parking); Lee Kemper (if the Town Board takes no action, employee parking remains a problem as the trolley system may be out of business). Administrator Klaphake acknowledged a letter received in opposition to paid parking from John Ownby. There being no further business, it was moved and seconded (Doylen/Marshall) the Revised Parking Plan be tabled, advising interested parties to contact the Plan' s Representative Randy Martin, and encouraging all to meet in the Fall to discuss a comprehensive solution, bringing with them ideas and solutions, and it passed unanimously. 2. Agreements - Special Events Department: It was moved and seconded (Doylen/Marshall) the following agreements be approved, and it passed unanimously: 1. Quarter Horse Show, June 15-18, 1995 2. Westernaires Horse Show, August 11-12, 1995 3. Western Heritage Days: Wild Hearts Band, Lance Grabowski, Sonny Tuttle, July 12-15, 1995. 3.A. Grev Fox Third and Fourth Additions. Dick & Ann Barlow/Applicant - Annexation. It was moved and seconded (Doylen/Gillette) the Annexation of Grey Fox Third and Fourth Additions be continued to May 9, 1995, and it passed unanimously. B. Amended Plat of Lots 22. 23 and a Portion of Lot 16. Sunny Acres Addition. Arnold. Jowavne and Rov Johnson/Applicant. Mayor Dannels opened the public hearing. Community Development Director Stamey reported that the Applicant is proposing to combine three existing vacant lots into one new lot, planned for condominium development. All Planning Commission conditions have been incorporated, property pins Board of Trustees - April 11, 1995 - Page 3 set, and the attorney letter received. The floodplain is shown on the plat; however, it will be not encroached upon. There being no public comment, Mayor Dannels closed the public hearing. It was moved and seconded (Pauley/Gillette) the Amended Plat of Lots 22, 23 and a Portion of Lot 16, Sunny Acres Addition be approved, and it passed unanimously. C. Final Plat of a Portion of Tract 65, Fall River Addition. Castle Mountain Estates. Jack Norris/Applicant. It was moved and seconded (Doylen/Gillette) the Final Plat be continued to May 9, 1995, and it passed unanimously. 4. Town Administrator's Report: A. Park School/EVRPD/Town Capital Improvement/Concept Plan. Administrator Klaphake urged all Trustees to attend a joint meeting with the School and Recreation Districts on April 18, 1995 in Room 203 of the Municipal Building. All three entities have joined together and presented a Capital Improvement Plan. The Board's consensus is needed April 18 on the following Town participation in the Interim Youth Center Project: Site ................... $20,000 Lease Purchase ........ 50,000 Town's PaCK Budget contribution ......... 5,000 Trustee Dekker reported that the remaining items on the Capital Improvements Plan have not been approved by each entity and it may be amended at any time. Two modular buildings will be leased purchased and placed west of the old pool site. The buildings will serve both middle and high school needs; the Town and School will purchase the buildings, and the Recreation District will operate them. The Town's initial investment can be recovered as the modular buildings can be sold in the future. Although it is listed on the Plan as #7, Trustee Gillette noted that the Town Board has stated that their Number 1 priority is the Fire Station. Pursuant to the successful election held in November, 1994, the Town has been accumulating excess funds, and there have been no expenditures in this account. The Fire Station will be constructed pending a favorable opinion from Town Attorney White relating to potential deed restrictions. Trustee Pauley suggested the Plan include the School authorizing their parking lot(s) to be used, at no subsidy in exchange for maintenance, for outlying parking during the summer months. Trustee Miller expressed his objection to Item #10 for a downtown ice rink--Town government should not be involved in this project. In addition, Trustee Miller is opposed to a plan to construct two non-park-related buildings in Stanley Park. F. 0. Stanley's land deed should be honored. Trustee Doylen noted that staff is researching historic parameters which will assist in determining potential development of Stanley Park, and that the Plan responds to community concerns. In addition, Trustee Doylen expressed her concern with the potential interaction of traffic between all four schools. Trustee Marshall stated that the Stanley Park land was given to Estes Park in 1938; there were more allowances years ago as compared to today. Trustee Marshall Board of Trustees - April 11, 1995 - Page 4 applauded all three entities for the Plan--the activity list could not be accomplished by one entity alone. Louis Canaiy questioned how the youth center could proceed when the electorate did not support the ballot question in November, 1994? Staff responded that the former proposal was for a recreation center solely presented by the Recreation District. This project is for a different project--a youth center. Following favorable comments from all Trustees, Mayor Dannels affirmed that the Trustees support the Concept Plan as presented. B. Pedestrian Signal Contract, Elkhorn Ave. Administrator Klaphake stated that the aforementioned contract was budgeted for by EPURA; however, CDOT prepared a contract between the Town (not EPURA) and the State. EPURA Director Anderson was out of the office, and, due to time constraints, Administrator Klaphake and the Clerk executed the Contract. Mountain Constructors, Inc. is the contractor and the contract amount is $34,085.00 (EPURA's funds). As a matter of record, it was moved and ' seconded (Dekker/Pauley) the Contract with Mountain Constructors, Inc. be approved, and it passed unanimously. C. Estes Valley Planning Commission - Update. Town Attorney White reported that State Representative Kaufman and State Senator Matsunaka sponsored HB 1333 - enabling i legislation for a joint Planning Commission. The Bill passed the House Committee 11/0 and the Senate Committee 5/2. The full Senate will consider an amended version ~ which has excluded any reference to the County. It is believed that the County needs no further legislation as they are currently authorized to approve a joint Planning Commission under Municipal Statutes. Bill Van Horn spoke in favor of the Bill, and Staff expressed their appreciation to him for his effort. D. Staff commented that Town Attorney White will submit his report on the Stanley Park deed restrictions at the next Town Board meeting, April 25. Following, completion of all agenda items, Mayor Dannels called attention to a recent National League of Cities Newsletter article featuring the Lake Estes Hike/Bike Trail. The article was written for the Mayor by Ann Widmer. There being no further business, Mayor Dannels adjourned the meeting at 9:01 P.M. .................. Mayor .................. Town Clerk BRAOFOROPUSLISHINGCO RECORD OF PROCEEDINGS Light and Power Committee April 13, 1995 Committee: Chairman Dekker, Trustees Miller and Pauley Attending: Chairman Dekker, Trustee Pauley Also Attending: Town Administrator Klaphake, Assistant Town Administrator Widmer, Light & Power Director Matzke, Assistant to the Light & Power Director Mangelsen, Line Superintendent Dragon, Deputy Clerk Kuehl Absent: Trustee Miller Chairman Dekker called the meeting to order at 8:04 a.m. ROCKY MOUNTAIN NATIONAL PARK -- PRESENTATION OF ELECTRIC UTILITY CONTRACT Director Matzke distributed a draft contract between the Town and Rocky Mountain National Park for upgrading the Park's electric distribution system. This contract has been reviewed by Attorney White. Steve Iobst, RMNP Chief of Maintenance, reported that the Park's present system is outdated and in poor repair. Following a cost analysis, it was the Park's decision to fund the upgrade to meet Town's standards with ownership and operation by the Town. Barry Hesker, RMNP Chief of Operations Engineering, explained that the not-to-exceed clause in the contract, is required, but can be amended when necessary. Line Superintendent Dragon explained the phases of the project. The total estimated Rocky Mountain National Park cost is $197,000 with an expected completion date during 1996. Completion of phases may be accelerated, depending upon Park funds. Other documents required by this project are the right-of-way permit, a contract to provide electric service (including Park Service administrative rate which is being designed by the Town's rate consultant), and a contract transferring ownership of existing Park electric facilities to the Town. Upon project completion, all Rocky Mountain National Park loads currently served by the Bureau of Reclamation electric system will be served by the Town's system. The Committee recommends approval of the contract between Rocky Mountain National Park and the Town for electrical upgrading in Rocky Mountain National Park. PLATTE RIVER POWER AUTHORITY Video Presentation: Assistant Administrator Widmer presented a video explain-ing the purpose of the Platte River Power Authority. This video is scheduled to air on the local cable Channel 8. Report: Assistant Widmer reviewed the status of the Platte River Business Plan. The four Platte River member cities are drafting this Plan which will determine the future direction of Platte River Power Authority. REPORTS The electric thermal storage heater program was submitted to the Department of Energy and has been nominated for the 1995 National Awards Program for Energy Efficient and Renewable Energy. Recipients will be announced in October. Chairman Dekker commended Assistant to the Light & Power Director Mangelsen and Secretary Kilgore for their efforts in the successful submission of this program for national recognition. . BRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS Light & Power Committee, April 13, 1995 - Page 2 Director Matzke presented various graphs and Financial Reports for March. Project Updates: The Riverwalk underground extension, in coordination with EPURA, is substantially complete. Pole replacement continues for the US West rural improvement program. The Lake Estes Hike/Bike path contractor set a bridge under the Estes Substation transmission line which required a switching process to transfer all customers to the Marys Lake substation; the transmission line which serves Estes Substation was de-energized. Recloser equipment was installed on the Longs Peak Campground Road in January and the area has experienced only two operations on one phase since that time. Plans for placement of a street light at the intersection of Fish Creek Road and Highway 36 are continuing. Line Superintendent Dragon and Meter Specialist Foreman Brumleve recently attended QI training. There being no further business, Chairman Dekker adjourned the meeting at 9:03 a.m. -TE_ K -U Tina Kuehl, Deputy Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee April 20, 1995 Committee: Chairman Gillette, Trustees Dekker and Marshall Attending: Chairman Gillette and Trustee Marshall Also Attending: Mayor Dannels, Town Administrator Klaphake, Acting Police Chief Repola, Fire Chief Rumley, Deputy Clerk Kuehl Absent: Trustee Dekker - Chairman Gillette called the meeting to order at 8:00 A.M. POLICE DEPARTMENT. Municipal Court Update: Municipal Court Judge Brown presented the Court's annual report. From March 1, 1994 to March 1, 1995, the Court handled 541 cases; an increase from 401 cases during the previous year. Business License compliance required three court sessions during the year. Fines and restitutions increased from $13,088 to $18,933. These increases are due primarily to cases being managed by Municipal Court rather than County Court. Most alcohol and drug cases involved community service restitution. The businesses currently participating in the community service program are the Public Library, Special Events, Chamber of Commerce, Town shops, EVRPD, with possible future involvement of the school. PaCK has expressed interest in supervisory responsibilities. Lt. Filsinger has provided unbiased representation and leadership in establishing the community service program, which is receiving recognition from the county court. In the future, this program will be expanded to involve more police officers on a rotation basis. In addition to community service, education and counseling are being offered. The Harmony Foundation has been contacted to establish a program locally. Judge Brown believes the underage drinking ordinance has had a positive affect. Judge Brown commended Court Clerk Maryella Pierson for her continued service to ' the court system. Judge Brown extended an invitation to the Committee to attend court sessions. Chairman Gillette thanked Judge Brown for his report, and requested he return on an annual basis. Cat Leash Law: Scott Rashid distributed a listing of reasons to adopt a cat leash law in Estes Park, citing wildlife interaction and spread of disease. Mr. Rashid has discussed this proposed leash law with Rick Spowart, Division of Wildlife, Mary Thacker, Animal Control Office, and Carolyn Fairbanks, E.P. Pet Association, and all agreed this is an important issue. Chairman Gillette announced that the next Public Safety Committee meeting would include a discussion on this matter and possible recommendation to the Board of Trustees. Records: Felice Thorson-Boudreaux, Police Department Records Manager, reported that Colorado Revised Statute 24-72-306 authorizes fees to be charged in connection with records, and distributed a fee schedule comparing local fees to similar sized police departments in Colorado. This fee schedule will be posted in the Police Department. Fees are collected from insurance companies, attorneys, and individuals. A total of $602.75 was collected in 1994. Ms. Boudreaux is also responsible for the retention and storage of all police records. Chairman Gillette commended Ms. Boudreaux on her job performance. Personnel Hiring Update: Acting Police Chief Repola reported that the process of selecting police personnel is continuing. One BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee, April 20, 1995, Page 2 position is currently open, with two openings anticipated later this Spring. Each new hire will receive a minimum of 12 weeks of training. A full staff will be in place by the end of summer. Buckle Up America Award: The State of Colorado has informed the Police Department of its third place standing in the Colorado Department of Transportation "Silver Buckle Award" program, with a $250 scholarship towards officer training in traffic related topics. In turn, the Police Department has been selected as a national finalist in the Law Enforcement Category, "Buckle Up America" awards program. Sgt. Lang was. instrumental in coordinating the efforts for this program and will receive an engraved "Silver Buckle" pen and pencil set. On behalf of the Town Board and Estes Park citizens, Chairman Gillette thanked Sgt. Lang for his efforts in this successful program. Acting Police Chief Repola anticipates the continuation of this program. Historical Automobile and Touring Society: A letter was received from Tom Brown, representative of the Estes Park Historical Automobile and Touring Society, requesting permission to use both sides of MacGregor Avenue in front of Town Hall for the purpose of displaying the automobiles immediately following the Duck Race Parade on May 6, 1995. The Committee recommends approval of this request. Reports: The Committee reviewed the first quarter 1995 summary report. Chairman Gillette requested a record search for the previous year to document reported offenses by animals, noting the number of calls on cats and on dogs; a breakdown of traffic stdps, noting the number involving teenagers; and a breakdown of traffic stops, local versus tourist. Acting Police Chief Repola noted these statistics will be presented at the next meeting. Acting Police Chief Repola referred to public letters of commendation for Sgts. Fox, Lang, and Officer Zuehlsdorf, and Dispatcher Allsop. FIRE DEPARTMENT Town Administrator Klaphake reported on the status of the new fire station. Fire Chief Rumley acknowledged that the proposed fire station in conjunction with,Rocky Mountain National Park has been permanently terminated due to RMNP budget cuts. The Fire Department is considering alternative solutions. Following completion of all agenda items, staff requested the Committee enter Executive Session to discuss personnel matters. Committee consensus was reached to enter Executive Session, and Chairman Gillette adjourned the meeting at 8:50 a.m. -1--L~ 1<_22 Tina Kuehl, Deputy Town Clerk BRADFORIPUILISHING CO, RECORD OF PROCEEDINGS Planning Commission April 18, 1995 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: Chairman Sager, Commissioners, Brown, Burgess, Gilfillan, Pohl, and Thomas Also Attending: Community Development Director Stamey, Senior Planner Joseph, Deputy Clerk Kuehl Absent: Commissioner A. Hix Chairman Sager called the meeting to order at 1:32 p.m. 1. MINUTES. Minutes of the March 21, 1995 meeting were approved as submitted. 2. DEVELOPMENT PLAN. 2.A. Development Plan #95-5, Lot 6, Manford Addition, (Diamond Shamrock). Ray Parker/Applicant. Senior Planner Joseph explained that the purpose of this Development Plan is to bring the existing service station use into compliance with applicable parking, screening and planting requirements. The area proposed for expanded parking is presently being used for parking related to both the service station and the U-Haul business. The U-Haul business will cease operations at this location. This Plan will provide 10 paved parking spaces, an 8' cedar fence screen, 10 spruce trees (irrigation required), and a detention pond. Additional Staff requirements include: construction details of the detention pond noted on the Plan; detail of areas to be paved for each phase shown on the plan; comments from CDOT (regarding drainage and driveway), all of which are to be incorporated into the Development Plan. The last requirement is due to the proposed CDOT widening project for Highway 7, planned in Spring 1997, which may change the configuration of the driveway. No changes are proposed to the existing utilities. The grading of the parking area, fencing, landscaping, and drainage are to be completed by June 15, 1995. Parking will be allowed during the interim period. Paving is to be completed no later than October 30, 1995. Owner Ray Parker verified that parking will be allowed in the proposed 10-space parking area only, and that this area will be used for parking prior to paving in October 1995. The existing propane tank location will be protected by guard posts, but will not be relocated due to planned future development in the tank area. No storage will occur in this new parking area. Commissioner Thomas commended Mr. Parker for his improvement plans and diligence in resolving existing problems. It was moved and seconded (Thomas-Brown) that Development Plan #95-5, Lot 6, Manford Addition (Diamond Shamrock), Ray Parker/Applicant be approved contingent upon the following, and it passed unanimously: 1. Include the vicinity map. 2. Indicate sewer easement. 3. No plantings or other improvements within the sewer easement. 4. Complete property line distance and bearing notations. 5. Subject to review and approval by CDOT. 6. Complete driveway reconstruction prior to paving. BRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission, April 18, 1995 - Page 2 7. Note 25' setback line. 8. Clarification of language in general notes. 9. Drainage review by CDOT and Public Works Department. 10. All proposed improvements, except asphalt paving, must be completed no later than June 15, 1995. The asphalt paving must be completed no later than October 30, 1995. 11. Parking shall be restricted to designated paved areas. 12. Parking on the new paved area is restricted to vehicles waiting to be serviced, or waiting to be picked up after service or repair. 3. SUBDIVISIONS. 3.a. Preliminary Plat, Placid Lake Subdivision, J.R. and Rachael Preston/Applicant. It was moved and seconded (Burgess-Brown) the Preliminary Plat, Placid Lake Subdivision, be continued to May 16, 1995, and it passed unanimously. 3.b. Final Plat. Grey Fox Subdivision. First Filing. Dick and Ann Barlow/Applicant. Applicant's representative Bill Van Horn reported this subdivision consists of 18 proposed lots, 1.65 to 4.47 acres per lot, E-Estate Zoning, existing single- family residential, abcess on Larkspur Drive and Highway 7. The site contains a total of 47.89 acres. Director Stamey reviewed the following: 1. The 3rd and 4th Additions of Grey Fox Estates have not yet been annexed; annexation will be considered May 9, 1995. 2. A Deed of Dedication·for street right-of-way across the property to the south (shown as Lot 20, Second Filing) has not yet been provided. 3. A Memorandum of Agreement has been prepared which addresses timing of construction for improvements. 4. A preliminary set of drawings has been provided. 5. Revise the dedication statement. 6. Prior to Town Board approval, an improvement guarantee will be required for all improvements, including street construction from Larkspur to Highway 7. Commissioner Brown requested the Memorandum of Agreement be revised to include a statement naming the developer responsible for street construction in addition to dedication. Bill Van Horn expressed concern regarding the recommendation that curbs be concrete rather than asphalt. Commissioner Pohl asked that submitted plans be dated to verify the Commission is working with the most recent plan. Staff responded that since the Final Plat is the recording instrument, dates are unnecessary. It was moved and seconded (Brown-Pohl) the Final Plat for Grey Fox Subdivision, First Filing be favorably recommended to the Town Board contingent upon the following being accomplished prior to Town Board review, and it passed unanimously: 1. Annexation of the 3rd and 4th Additions. 2. Executed Deed of Dedication for street right-of-way. 3. Resolution of curb issue, asphalt versus concrete. 4. Executed Memorandum of Agreement, as revised. 5. Provide final set of Street and Utility Plan & Profiles and final drainage plan for review and approval by Public Works. 6. Plat information be added. 7. Provide Improvement Guarantee. 8. Authorization for CDOT Access Permit. aRIOFORIPUELISHINGCO· RECORD OF PROCEEDINGS Planning Commission, April 18, 1995 - Page 3 4. SPECIAL REVIEW. 4.a. Special Review #95-1, Tract 4, Beaver Point. 1st Addition, RiverRock Townhomes, Peter & Ricki Ingersoll/ Applicants. Senior Planner Joseph reported that 550 Moraine Avenue is presently vacant, the lot size is 4.12 acres, and zoning is commercial outlying. This development was reviewed and approved by the Planning Commission on February 21, 1995. The Applicant has submitted an amended plan which retains the original site plan and similar building footprints but proposes five additional dwelling units by converting five duplex buildings to five tri-plex buildings, for a total of 27 dwelling units. Adjusting for floodplain, the actual land area is 157,475 sq. ft., which is 4,525 sq. ft. less than required. The use by right density is 26 dwelling units. The Applicant is requesting a density bonus, under Special Review, for one additional dwelling unit. Applicant previously agreed to dedication of trails (pedestrian and bike). Parking will be in one-car attached garages, rather than the original 2-car garages, with asphalt driveways. Staff concerns included Applicant obtaining the required CDOT Access Permit and Corps of Engineers Permit regarding wetlands, and easements, erosion control, fencing removal, wetlands transfer stipulations, trails design and maintenance provisions, and Condominium Association provisions regarding maintenance and rental I regulations. . Representative Van Horn explained Applicant will comply with " Staff recommendations, with the exception of the wetlands ° transfer prior to building permit issuance. Van Horn stated the successful transfer of wetlands can only be accomplished during construction. Chairman Sager requested clarification of the stated 28 units in the Statement of Intent; and expressed regret that the Applicant has had a change in philosophy from the original proposal. Sager believes the increased 5 units will destroy the special ambiance the Applicant was so insistent would occur, and the modification from a two-car garage to a one-car garage will force increased parking in driveways, thus affecting the appearance of the development. Representative Van Horn explained the change was not one of philosophy but of financing. As most units will be ~ second homes and not inhabited year around, the Applicant believes this change will not affect the environmental characteristics, impact the neighborhood, or create a burden on existing development or future development. There being no further discussion, it was moved and seconded (Brown- Gilfillan) the revised RiverRock Townhome development with a maximum of 26 units be approved and that Special Review #95-1, Tract 4, Beaver Point, 1st Addition, regarding a one unit density bonus be recommended to the Town Board for denial. The motion failed. Those voting "Yes": Commissioners Brown and Gilfillan. Those voting "No": Commissioners Burgess, Pohl, Sager and Thomas. Representative Van Horn argued that developers should be encouraged to use their property within code limitations, and that additional housing is a major issue in Estes Park. However, the Commissioners noted this housing development is not characteristic of the low-cost housing need. Van Horn continued that the Applicant has provided trails and easements as required, and should be allowed a bonus. Director Stamey noted there is no bonus provision for the highway frontage walkway as this is required when 30+ parking spaces are involved. Commissioner Gilfillan noted that the Applicant agreed to the use of the pedestrian trail and the bike trail when the original development plan was approved and should not be a consideration in this review. Commissioner Brown noted that nearby land uses would be damaged due to proposed residential development in a C-0 zone, BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission, April 18, 1995 - Page 4 as the residential use adjacent to a vacant C-0 property could impact future development on that property, and environmental characteristics would be damaged due to the required relocation of wetlands in this revised development plan. Commissioner Pohl reviewed the Special Review criteria and found that this request meets the criteria in terms of building and site design and trail access. It was moved and seconded (Pohl-Thomas) Special Review #95-1, allowing the proposed one-unit bonus unit for Tract 4, Beaver Point, 1st Addition, RiverRock Townhomes, beapproved contingent upon the following, and it passed by the following: Those voting "Yes": Commissioners Burgess, Pohl, Sager, and Thomas. Those voting "No": Commissioners Brown and Gilfillan: 1. CDOT Access Permit required prior to issuance of a building permit. 2. Prior to issuance of a building permit, a permit be obtained from the Corps of Engineers regarding wetlands displacement and replacement. 3. Water, electric, and gas easements be provided. New water main to be 8" in diameter. 4. Add details to Development Plan indicating ditch design (100 year flow rate) and erosion control. 5. Indicate construction erosion control. 6. Remove perimeter fencing. 7. Add a note to the plan regarding maintenance of the drive, ponds, and common areas. 8. Installation of cluster mail boxes. 9. Applicant to provide a walk/bikeway at the north strip of the lot and a pedestrian walkway (to be maintained by the owner), with descriptions to be agreed upon by the Project Engineer, Town Engineer and Director Stamey, prior to issuance of building permit. 10. The Condominium Association will be responsible for maintenance of the street, ponds, and common area, and the Association Declarations should address whether or not nightly or weekly vacation rentals will be allowed. 11. Condominium documents to be reviewed by Town Attorney White. Commissioner Pohl assured Mr. Van Horn that all Applicants are treated fairly and equally by the Planning Commission. Chairman Sager noted that the Applicant is following the guidelines as set forth by ordinance. Commissioner Burgess commented on the Applicant' s oridinal development plans and that perhaps developers should consider financing requirements prior to submission to the Planning Commission. There being no further business, Chairman Sager adjourned the meeting at 3:10 p.m. -rv,-O- K u.-2-0 Tina Kuehl, Deputy Tbwn Clerk BRAC}FO~0 PU~LI~MING CO. RECORD OF PROCEEDINGS Light and Power Committee April 13, 1995 Committee: Chairman Dekker, Trustees Miller and Pauley Attending: Chairman Dekker, Trustee Pauley Also Attending: Town Administrator Klaphake, Assistant Town Administrator Widmer, Light & Power Director Matzke, Assistant to the Light & Power Director Mangelsen, Line superintendent Dragon, Deputy Clerk Kuehl Absent: Trustee Miller Chairman Dekker called the meeting to order at 8:04 a.m. ROCKY MOUNTAIN NATIONAL PARK -- PRESENTATION OF ELECTRIC UTILITY CONTRACT Director Matzke distributed a draft contract between the Town and ,£~~ Rocky Mountain National Park for upgrading the Park' s electric distribution system. This contract has been reviewed by Attorney White. Steve Iobst, RMNP Chief of Maintenance, reported that the Park's present system is outdated and in poor repair. Following a cost analysis, it was the Park's decision to fund the upgrade to meet Town's standards with ownership and operation by the Town. Barry Hesker, RMNP Chief of Operations Engineering, explained that the not-to-exceed clause in the contract, is required, but can be amended when necessary. Line Superintendent Dragon explained the phases of the project. The total estimated Rocky Mountain National Park cost is $197,000 with an expected completion date during 1996. Completion of phases may be accelerated, depending upon Park funds. Other documents required by this project are the right-of-way permit, a contract to provide electric service (including Park Service administrative rate which is being designed by the Town's rate consultant), and a contract transferring ownership of existing Park electric facilities to the Town. Upon project completion, all Rocky Mountain National Park loads currently served by the Bureau of Reclamation electric system will be served by the Town's system. The Committee recommends approval of the contract between Rocky Mountain National Park and the Town for electrical upgrading in Rocky Mountain National Park. . PLATTE RIVER POWER AUTHORITY videD•..£resentation: Assistant Administrator Widmer presented a video eRb•d4~ning the purpose of the Platte River Power AuthorityL--00* This video -r~eheduled to air on the local cable Channel_1.0*0- Report: Assistant ' mer reviewed the status of-1&0*~Platte River Business Plan. The foli4platte River member.*Eles are drafting this Plan which will determhithe future.0/053tion of Platte River Power Authority. REPORTS The electric therrn@y~torage heater program ~.sh~-bmitted to the Department of En~y and has been nominated for theN.195 National Awards pro~*f- for Energy Efficient and Renewablr4- Energy. Recipient,will be announced in October. Chairman Dekker cbmended Assistli- to the Light & Power Director Mangelsen and Secreb,4.Ey Kilpafe for their efforts in the successful submission of thil* program for national recognition. It. FINAL DRAFT April 20, 1995 Utility Contract No. 1443CX061095005 for Electric Connection Park General Rocky Mountain National Park Colorado THIS CONTRACT entered into this day of 1995, by and between the UNITED STATES OF AMERICA, acting through the NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR (hereinafter called the National Park Service or Park Service), pursuant to the authority contained in the Federal Property and Administrative Services Act of 1949, as amended (Sec. 201, 40 U.S.C. 481 and awarded under authority 41 U.S.C. 253(c)(1)) and THE TOWN OF ESTES PARK, COLORADO (hereinafter called the Town), authorized to conduct business in the State of Colorado, and having its principal office and place of business at P.O. Box 1200, Estes Park, Colorado; WITNESSETH, THAT: WHEREAS, it is the desire of both parties to enter into a contract for installation of the proposed electric utility lines and facilities (hereinafter called the Facility, which is defined herein), which will be installed in multiple phases, subject to obtaining all necessary consents, approvals, and permits outside of the Park boundary, for which the Town will be responsible and Utility Access Authorizing Right-of-Way Permit, as defined herein, inside of the Park boundary, for which the Park Service is responsible; WHEREAS, the Park Service administers Rocky Mountain National Park (hereinafter called the Park), in which the electric facilities are located (hereinafter called the Service Area); and WHEREAS, the Park owns and operates the distribution system outside of the Park beginning at the Bureau of Reclamation's system located at Mary's Lake, continuing for approximately 10,000 feet to the Park, and also owns and operates the electric distribution system located within the Park; and WHEREAS, the Town is willing to install Facilities in the Park; provide electric utility service to the Park; and own, operate, and maintain the electric distribution system within the Park boundary; and WHEREAS, the Town is willing to install the Facility in multiple Phases, both inside and outside the Park boundary, as defined herein, under the existent terrain and environmental constraints known to the Town as of the date of this Agreement, and to provide electric utility service (hereinafter called Utility Service) to the Service Area; and 4/20/95 D:\ROMO\CONN.ELE\CONTZCON dwz 1 WHEREAS, the Park Service desires that the Town's installation consist of multiple phases: Phase lA work is to be accomplished under Fiscal Year (hereinafter "FY") 95 funding, which has been obligated for this contract; Phase lB, 2, 3, 4, and 5 are to be accomplished by contract modification during FY 95 or beyond and additional phases, if any, will also be added to this contract by modification, subject to the availability of funds as provided by Congress per 52.232-19 Availability of funds for the Next Fiscal Year (Apr 1984), the Government's Fiscal Year starting October 1 through September 30 of the following year; Work for the phases is as follows: GENERAL The Facility installation work shall be accomplished in multiple phases as described below. System segments and phases shall be energized as they are completed. The Town's system is a 12,470/7,200 Volt, wye configuration and the Park's system is a 6,900 Volt, delta configuration. PHASE LA Phase lA - Install 3-phase underground primary line from the Residence No. 5 (Building No. 71) to the Back Country Office to the Park Headquarters Building to McLaren Hall. Leave in place overhead primary lines. (Includes approximately 20 connect fees) PHASE lB Phase lB - Remove existing overhead line from Residence No. 5 to the Back Country Office to McLaren Hall. Complete upgrade of overhead lines from McLaren Hall to Building No. 117. Install 3-phase underground primary line from the southeast corner of Park boundary to southeast corner of Building No. 77. Install 1-phase underground primary line from Residence No. 100 to Residence No. 105. PHASE 2 Phase 2 - Install approximately 300 feet of 3-phase underground primary and associated transformers in the housing area. Remove existing overhead line. (Includes approximately 12 connect fees) PHASE 3 Phase 3 - Rehabilitate and convert voltage of existing 3-phase overhead line from Marys Lake Substation to the boneyard. (Includes 25 connect fees) 4/20/95 D:\ROMO\CONN.ELE\CONT2CON dwz 2 PHASE 4 Phase 4 - Install 3-phase primary underground along original entrance road from Dunraven Inn to Moraine Park Campground and Museum, inholder areas, and Moraine Park concession operations. Extend service to Beaver Meadows Entrance Station. Remove existing overhead line from boneyard to Moraine Park area. (Includes 2 connect fees) PHASE 5 Phase 5 - Rehabilitate and convert voltage of existing 1-phase overhead line from metering pole on YMCA property to Glacier Basin Campground and Sprague Lake. Does not include replacement of existing direct buried primary line which now feeds well at Sprague Lake. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereby agree as follows: The Town hereby agrees to design and install Phase lA of the Facility, described herein, acting either by force account (Town's In-house Construction Resources) or through contracts 3 with others, in conformance with the utility access authorizing 4 documentation, as defined herein, and in conformance with this contract, of which certain installation documents are made a part thereof. TOWN'S RESPONSIBILITIES The Town's work shall consist of but not be limited to the following, as required: 1. Administration, 2. Planning, 3. Design services, 4. Negotiation and obtainment of easements and/or permits from private or otherwise landowners, outside of the Park boundary, 5. Preparation of easement(s) and right-of-way documentation, 6. Connection Fees, 7. On-site survey, 8. Soils testing, 9. Pre-design conference, 10. On-site field supervision, quality control, inspection, and perform system start-up, 11. Furnish a sepia or four (4) sets of installation drawing prints at the 50 and 95 percent design phase for Park Service review, 12. Meet with appropriate park personnel prior to initial commencement of installation work, 4/20/95 D:\ROMO\CONN.ELE\CONTZCON dwz 3 13. Design and install the Facility consisting of but not be limited to the following (as shown on the Town's referenced Drawings and as noted on the Town's Work Sheets referenced in the Special Provisions herein): a. -Furnish and install a neutral conductor to required poles throughout the Park for approximately 22,000 feet. b. Remove approximately 27 6ld transformers from the existing overhead system after testing and confirmation of no PCBs, minus those being removed by the Park Service. c. Furnish and install approximately 27 transformers for the overhead system. d. Remove approximately 10 old transformers from the existing underground system. e. Furnish and install approximately 10 pad-mounted transformers for the underground system. f. Remove approximately 20 existing deteriorated or unacceptable poles from the existing aerial distribution system throughout the Park. g. Furnish and install approximately 20 poles throughout the Park. h. Furnish and install hardware, cross arms, and appurtenances. i. Furnish and install approximately 61, 1-phase, aerial secondary services as shown on Park Service Drawing referenced in Special Provisions. j. No 3-phase aerial secondary services are to be installed. k. Furnish and install 82 secondary meters as shown on Park Service Drawing referenced in the Special Provisions. 1. Furnish and install 10 load profiling meters for * administrative loads as shown on Park Service Drawing referenced in the Special Provisions. m. Provide all trenching, bedding, select backfill, and backfill, as necessary, including all road crossings. n. Coordinate the final location of the utility facilities and lines within the Service Area with Park Service personnel. o. Stake the final location of the utility facilities and lines within the Service Area. Note: The staking route shall be approved by the Park Service. p. Restore final surface grade to the original grade after burial of the lines and facilities allowing for anticipated settlement. q. Provide traffic control and safety per Special Provisions. r. Provide up-to-date as-built drawing after the installation included herein has been completed. Note: The Town shall cooperate, as required, with other utility companies and their contractors, the telephone company, 4/20/95 D:\ROMO\CONN.ELE\CONTZCON dwz 4 and Park Service contractors for common usage of compatible utilities and corridors, as required, to allow scheduling of work in the same areas and to prevent earth moving and rough grading type installation interference problems. PARK SERVICE RESPONSIBILITIES Park Service will be responsible for the following: 1. Attend pre-design conference, if necessary. 2. Provide information for design pertaining to environmental and cultural resource laws. 3. Review of the installation drawings, furnished by the Town, for scope, content, and compliance of the environmental and cultural resource laws before installation commences. 4. Coordinate with the Town to determine the final location of the Facility within the Service Area. 5. Approve the staking route. 6. Park Service and its contractors will be responsible for all non-Town installation as indicated by the referenced drawings in the Special Provisions herein, provided the work is included in the Park Service contract. 7. Testing all transformers and disposing of those containing PCBs. 8. Furnish and install approximately 16, 1-phase underground secondary services as shown on Park Service Drawing referenced in the Special Provisions. 9. Furnish and install approximately 5, 3-phase underground secondary services as shown on Park Service Drawing referenced in the Special Provisions. 10. Maintaining all existing Utility Service during installation. 11. Reseed trenching routes and all other disturbed areas resulting from work described herein. 12. Provide all tree trimming, as required. 13. Provide repaving and/or patching of all road crossings and parking areas, as required. CONSTRUCTION DOCUMENTS Construction Documents shall be made part of this contract and shall consist of, but not be limited to this contract, Town's Specifications and Construction Drawings, Town's installation contracts, herein listed, as they are developed and executed, to install the Facility, as required. AUTHORIZATION TO CONDUCT BUSINESS IN THE PARK The Park Service hereby authorizes the Town, during the term of this contract and any modifications or extensions thereof, to engage in any lawful business activity within the Park that may reasonably be required of the Town in order to fulfill its 4/20/95 D:\ROMO\CONN.ELE\CONTXON dwz 5 obligations under this contract. OWNERSHIP OF FACILITIES It is understood by both parties that all materials furnished and installed for all Phases and/or system segments, under this contract shall become the property of the Town, regardless of cost-reimbursement by Park Service, and that the Facility provided under this contract shall become the property of the Town. The ownership of all equipment installed by the Town or its contractor(s) shall be vested in the Town, up to the point of delivery. The point of delivery shall be either the secondary terminals of the transformer or the connection point in the secondary junction box where applicable. Upon completion of the installation, the Town's responsibility ends at the point of delivery. The Park Service has responsibility for all operation and maintenance beyond the point of delivery. TERM OF CONTRACT All design work required by this contract for Phase lA shall begin after this contract has been awarded. Phase lA installation work in the Service Area shall begin only after a Park Service Notice-to-Proceed order has been issued. All work shall be completed within 15 months, provided however that the contract shall be extended authoritatively to the extent required by any action or inaction of Park Service that delays or impedes the Town. In no event shall the Town be penalized in the event installation is not completed within the specified Term, provided however that Park Service may terminate the contract and refuse payment for any uncompleted work, if the Town does not complete the work within the specified Term. All work required by this contract for additional Phases shall begin after Phase lA has been completed and after this contract has been modified to include work for the additional Phases. This Contract may be modified to perform work earlier, if funds become available. In the event the funding is not available during FY 96, Park Service reserves a right to either extend or terminate this contract. PARTIES OF INTEREST This contract shall be binding upon and inure to the benefit of the Town's successors, legal representatives and assignees of the respective parties hereto. FACILITY INSTALLATION CHARGE The Park Service shall reimburse the Town for the actual cost 4/20/95 D:\ROMO\CONN.ELE\CONTZCON dwz 6 amount of the Town's work included herein, contract ceiling not- to-exceed the total cost amount of $25,000.00 for Phase lA. To assure that the Park Service will benefit from any potential cost savings that may arise, the Park Service hereby agrees to pay only the actual installed cost of the Facility installed as per agreement. Estimated costs for each phase are as follows: Phase lA $ 25,000 Phase lB $ 23,000 Phase 2 $ 18,000 Phase 3 $ 42,500 Phase 4 $ 85,000 Phase 5 $ 3,500 Total $197,000 Service connect fees, installation hook-up costs, and any necessary easements are included in the above contract ceiling not-to-exceed amount. It is understood that funding for the contract ceiling not-to- exceed amount included in this Contract has been appropriated and approved for the work included herein. This contract does not prohibit the Town from expending funds for work outside the scope of this contract for installing the Facility. However, no reimbursement will be made by the Park Service for this work. When other utility companies are involved, Park Service will contract separately with those utility companies. The Town shall not pay other utility companies for work associated or related to this project. PAYMENT CONDITIONS The Park Service hereby agrees to make progress payments to the Owner within 30 calendar days in accordance with OMB Circular A- 125, "Prompt Payment Act." Progress payments shall be made as costs are incurred and after completion of the work included herein, but not more frequently than monthly. Progress payments shall be made after receipt of an invoice and verification of the work performed. Invoices shall be supported with itemized materials and labor costs and accompanied by paid receipts, as deemed necessary by the Park Service's Contracting Officer. The final payment will be made after the Town has completed all of the work described herein. In the event the Park Service, by its actions or inactions, delays or impedes the Town's work or progress, then Park Service agrees to compensate the Town for all additional labor, material, cost and expense that results to the Town thereby. 4/20/95 D:\ROMO\CONN.ELE\CONT2CON dwz 7 Invoices shall be addressed to: NPS-WASO-OE, Attn: Branch of Utilities, P.O. Box 25287, Denver, CO 80225-0287. Telephone No. (303) 969-2085. TOWN'S CONSTRUCTION CONTRACT AWARDS If the Town proceeds with a competitive low bid award installation contract for performing the work in this contract, the Park Service Contracting Officer has the right to review all of the bids properly received by the Town after bid opening. The Contracting Officer will be supplied with the competitive results by the Town prior to the award of the contract for installation of said Facility. If all of the bids properly received by the Town, including all other administrative costs, exceed the total contract ceiling not - to- exceed cost amount included herein for this contract, the Contracting Officer has the authority to proceed under any of the 'following: (1) to modify this contract by increasing the total contract ceiling not-to-exceed cost amount in this contract after funding has been approved, (2) modify this contract by reducing the scope of the work in this contract to coincide with Park Service funding available, or (3) to terminate this contract : Concurrence with the Town's recommendation for award of the installation contract will not be unreasonably denied or withheld by the Contracting Officer. The Town reserves the right to award a contract to the qualified and responsible bidder submitting the lowest bid, to reject all bids, and/or to perform the work by force account (Town's In-house Construction Resources). CONTRACT MODIFICATIONS No work above the contract ceiling not-to-dxceed amount may be performed unless and until the Park Service approves the funding and the Contracting Officer authorizes the additional work and increases the ceiling price of this contract. This ap0roval and authorization for the Town to perform the work will not be unreasonably delayed, if funds are available, and it is determined to be in the best interest of the Government. The Town shall provide the Park Service Contracting'Officer with backup and justifications sufficient to evaluate deletions and/or additions that may be required of the Town's installation work. EXPENSE RECORDS The Town hereby agrees to maintain an accurate accounting of the reimbursable costs associated with the installation included in this contract in accordance with generally accepted accounting principles, standards, and practices. The Park Service, during the Town's normal business hours for the term of this contract, @hall have access to these records associated with the 4/20/95 D:\ROMO\CONN.ELE\CONT2CON dwz 8 installation required under this contract at the Town's offices to the extent required to verify the costs incurred hereunder. RIGHT-OF-WAY PERMIT The Park Service, hereby agrees to grant to the Town, in accordance with and subject to the terms and conditions contained in this contract, a Right-of-Way Permit. The Right-of-Way Permit will be issued concurrently and sebarately from this contract by the Park Superintendent or their representative (herein after called Superintendent), free of any rental or similar charge, and will govern the access. The Right-of-Way Permit will allow the Town to have access for joint, non-exclusive use, over, across, along, below grade level per drawing referenced in the Special Provisions and upon Park Service land in the Service Area, as may be required by the Town for the installation and service of the Facility. The Right-of-Way Permit shall allow the Town to have access for installation, service, operation, repair, replacement, maintenance, inspection, and improvements (hereinafter called Access Purposes) of the Facility. The Right-of-Way Permit Vwill allow access purposes of such special access roads, trails and openings, as may be required by the Town to reach said Facility and as approved by the Park Service. The Town, its duly authorized agents and employees, shall have the right of ingress and egress within the Park, without notifying the Park Superintendent, over established roads and foot trails at all reasonable times for Access Purposes of the Facility within said Park or for any purposes incident to furnishing said Facility, as required by this contract and per the Right-of-Way Permit. The Town is hereby authorized to operate its trucks and vehicles over Park roads for all Access Purposes without payment of any fees or other charges. All activity, during installation of the Facility involving the placement of underground lines and facilities, shall be confined to the access utility corridors, routes, and areas per the Right- of-Way Permit. The type and location of route markers, if used inside of the Park boundary, shall be coordinated with the Park Superintendent. If the Access Purposes or activities require access on authorized and designated utility access corridors and routes, the Park Superintendent need not be notified for Access Purposes or ground disturbing activity within the installation zone. If Access Purposes or activities require access to other than authorized and designated utility access corridors, routes, and areas, the Park Superintendent must be notified in advance and must approve any installation or ground disturbing activity 4/20/95 DAROMO\CONN.ELE\CONTZCON Jwz 9 before the activity is accomplished, except for emergencies. Whenever practicable, the Town will cooperate for joint use of the utility access corridors, routes, and areas and joint installation with other utilities now serving or hereafter authorized to serve the Service Area. Inasmuch as the Right-of-Way Permit for access referenced herein is intended to endure beyond installation of the Facility to govern continued Access Purposes of the Facility, both parties agree that expiration of this contract will not affect or apply to the Right-of-Way Permit. CULTURAL AND ENVIRONMENTAL PROVISIONS During the term of this contract and during installation, the Park Service shall require the Town, either acting independently or through this contract, to adhere to all Environmental Provisions, as specifically agreed upon by inclusion in the installation documents and in the Utility Access Authorizing' Right-of-Way Permit from the Park Superintendent. The Park Service certifies that the contract is in conformance with the approved Environmental Assessment and the related Finding of No Significant Impact for this project and compliance with the National Environmental Policy Act has been approved. The Park Service certifies that the contract is in conformance with the approved National Historic Preservation Act, Section 106, with concurrence from the state of Colorado Historical Preservation Office (SHPO) Representative. , Any additional Federal Government approvals that are required will be provided by the Park Service..Any additional requirements will be provided by the Park Service. ARCHAEOLOGICAL FINDINGS Petroglyphs, artifacts, burial grounds or remains, structural features, ceremonial& domestic, and archaeological objects of any nature, historic or prehistoric, found within the installation area, are the property of and will be removed only by the Government. Should Town operations or its employees uncover or find any archeological remains, Town shall suspend operations at the site of discovery; notify Contracting Officer immediately of the findings; and continue operations in other areas. Included with the notification, shall be a brief statement of the location and details of the findings. Should the temporary suspension of work at the site result in delays, or the discovery site require archeological studies resulting in delays or additional work for Town, it will be compensated by an equitable adjustment under the General Provisions of the Contract. RELEASE OF CLAIMS 4/20/95 D:\ROMO\CONN.ELE\CONT2CON dwz 10 After completion of work and prior to final payment, the Town shall furnish to the Contracting Officer a release of claims (Form DI-137) against the United States relating to this contract, other than claims excepted from the operation of the release. SPECIAL PROVISIONS 1. Day-to-day administration of this contract by the Park Service shall be conducted by the Park Service's Contracting Officer or their Authorized Contracting Officer's Representative, subject to the provisions of this contract, as required. 2. The Town shall inform the Park Superintendent or their representative, of all working hours and work scheduled, while on Park land, except for emergencies. The Town shall make every attempt to schedule work on Park land that requires Park Service coordination during the Park's normal working hours with the Park Superintendent or their representative, except for emergencies. The Park's normal working hours are 8:00 A.M. to 4:45 P.M., M.T., Monday through Friday. A schedule of work for Saturdays, Sundays, Federal holidays or at night may be performed only with prior notice to the Park Superintendent or their representative, except for emergencies. 3. The Town or its contractor(s) shall designate an individual or individuals on-site on Park land during installation on Park land, who shall act as a point of contact and have responsibility to deal with problems on a day-to-day basis. 4. At all times the Town's or its contractor(s) shall conduct their organization in conformance with the rules and regulations promulgated by the Secretary of the Interior for the National Park Service, and with such appropriate and reasonable regulations as the Park Superintendent or their representative may prescribe for the protection and preservation of the general public, property, personnel, Park resources, and natural resources. 5. At all times the Town or its contractor(s) shall follow the Colorado's Department of Transportation's Standards for traffic control Federal and OSHA's Regulations for life safety. 6. No signs or advertisements shall be displayed on the installation site within the Park without the approval of the Park Service Contracting Officer. Town names, etc., on equipment and vehicles are excepted. 7. The length of time for scheduled outages of the existing Utility Services shall be held to a minimum. The Town shall notify the Park Superintendent or their representative, in advance, of all scheduled outages. 8. The Town's Drawings titled R.M.N.P. Line Survey, Sheets 1, 2, and 3 and the Town's Work Sheets, including 4/20/95 D:\ROMO\CONN.ELE\CONTZCON dwz 11 sketches, Work Orders, Job Orders, and Staking Sheets are made a part of this contract as they are prepared. The most current Town's Drawings, Work Orders, Job Orders, and Staking Sheets regarding the installation of the Facility will be available to the Park Service upon request. 9. Town's Rules and Regulations and Line Extension Policies of Town are made a part of this contract. The most current revisions will be available to the Park Service upon request. 10. The Town is responsible for repairing all existing utilities that are damaged during its installation if the utilities are accurately shown on drawings br accurately field located by the Park Service. The Park Service is responsible for reimbursing the Town for the repair costs for all existing utilities that are damaged during its installation if the utilities are not accurately shown on drawings or are not accurately field located by the Park Service. ATTACHMENT 1. The Town's cost estimate included in a letter to the Office of Operations Engineering from the Town of Estes Park Colorado, dated April 21, 1995, attached hereto, is made part of this contract. A copy of the letter is available upon request.4 2. General Provisions, attached hereto, include the applicable Contract Clauses from the Federal Acquisition Regulations (FAR) System, and are made a part of this contract. The term "Contractor" in said attachments shall be understood to be the Town as used in this contract. 4/20/95 D:\ROMO\CONN.ELE\CONT2CON dwz 12 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized representatives all as of the day and year first above written. UNITED STATES OF AMERICA DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE By: Melvin E. Fowler, NPS-WA-IVC-40 Contracting Officer Date: TOWN OF ESTES PARK, COLORADO By: H. B. Dannels, Mayor Title: Date: Attest: Town's Taxpayer Identification Number 84-6-000661 For Government Use Only: Accounting and Classification Data 1524-6119-MRU-N-236A-5-$25,000.00 4/20/95 D:\ROMO\CONN.ELE\CON'InCON dwz 13 RECORD OF PROCEEDINGS eMAOFOROPUBLISHINGCO planning Commission, April 18, 1995 - Page 3 4<.-< SPECIAL REVIEW. 4-:'607~ Special Review #95-1, Tract 4, Beaver Point. 1st Addition, RiverRock Townhomes. Peter & Ricki Ingersoll/ Applicants. Senior Planner Joseph reported that 550 Moraine ~ i Avenue is presently vacant, the lot size is 4.12 acres, and zoning is commercial outlying. This development was reviewed and approved by the Planning Commission on February 21, 1995. The Applicant has submitted an amended plan which retains the original site plan and similar building footprints but iproposes five additional dwelling units by converting five duplex buildings to five tri-plex buildings, for a total of 27 dwelling units. Adjusting for floodplain, the actual land area is 157,475 sq . ft., which is 4 ,525 sq. ft. less than required. The use by right density is 26 dwelling units. The Applicant is requesting a density bonus, under Special Review, for one additional dwelling uhit. Applicant previously agreed to dedication of trails (pedestrian and bike). Parking will be in one-car attached garages, rather than the original 2-car garages, with asphalt driveways. Staff concerns included Applicant obtaining the required CDOT Access Permit and Corps of Engineers Permit regarding wetlands, and easements, erosion control, fencing removal, wetlands transfer stipulations, trails design and maintenance provisions, and Condominium Association provisions regarding maintenance and rental regulations. Representative Van Horn explained Applicant will comply with Staff recommendations, with the exception of the wetlands transfer prior to building permit issuance. Van Horn stated the successful transfer of wetlands can only be accomplished during construction. Chairman sager requested clarification of the stated 28 units in the Statement of Intent; and expressed regret that the Applicant has had a change in philosophy from the original proposal. Sager believes the increased 5 units will destroy the special ambiance the Applicant was so insistent would occur, and the modification from a two-car garage to a one-car garage will force increased parking in driveways, thus affecting the appearance of the development. Representative Van Horn explained the change was not one of philosophy but of financing. As most units will be second homes and not inhabited year around, the Applicant believes this change will not affect the environmental characteristics, impact the neighborhood, or create a burden on existing development or future development. There being no further discussion, it was moved and seconded (Brown- Gilfillan) the revised RiverRock Townhome development with a maximum of 26 units be approved and that Special Review #95-1, Tract 4, Beaver Point, 1st Addition, regarding a one unit density bonus be recommended to the Town Board for denial. The motion failed. Those voting "Yes": Commissioners Brown and Gilfillan. Those voting "No": Commissioners Burgess, Pohl, Sager and Thomas. Representative Van Horn argued that developers should be encouraged to use their property within code limitations, and that additional housing is a major issue in Estes Park. However, the Commissioners noted this housing development is not characteristic of the low-cost housing need. Van Horn continued that the Applicant has provided trails and easements as required, and should be allowed a bonus. Director Stamey noted there is no bonus provision for the highway frontage walkway as this is required when 30+ parking spaces are involved. Commissioner Gilfillan noted that the Applicant agreed to the use of the pedestrian trail and the bike trail when the original development plan was approved and should not be a consideration in this review. Commissioner Brown noted that nearby land uses would be damaged due to proposed residential development in a C-0 zone, ~RAOPORO PUILISHING CO. RECORD OF PROCEEDINGS planning Commission, April 18, 1995 - Page 4. as the residential use adjacent to a vacant C-0 property could impact future development on that property, and environmental characteristics would be damaged due to the required relocation of wetlands in. this revised development plan. Commissioner Pohl reviewed the Special Review criteria and found that this request meets the criteria in terms of building and site design and trail access. It was moved and seconded (Pohl-Thomas) Special Review #95-1, allowing the proposed one-unit bonus unit for Tract 4, Beaver Point, 1st Addition, RiverRock Townhomes, be approved contingent upon the following, and it passed by the following: Those voting "Yes": Commissioners Burgess, Pohl, sager, and Thomas. Those voting "No": Commissioners Brown and Gilfillan: 1. CDOT Access Permit required prior to issuance of a building permit. 2. Prior to issuance of a building permit, a permit be obtained from the. Corps of Engineers regarding wetlands displacement and replacement. 3. Water, electric, and gas easements be provided. New water main to be 8" in diameter. 4. Add details to Development plan indicating ditch design (100 year flow rate) and erosion control. 5. Indicate construction erosion control. 6. Remove perimeter fencing. 7. Add a note to the plan regarding maintenance of the drive, ponds, and common areas. 8. Installation of cluster mail boxes. 9. Applicant to provide a walk/bikeway at the north strip of the lot and a pedestrian walkway (to be maintained by the owner), with descriptions to be agreed upon by the Project Engineer, Town Engineer and Director Stamey, prior to issuance of building permit. 10. The Condominium Association will be responsible for maintenance of the street,' ponds, and common area, and the Association Declarations should address whether or not nightly or weekly vacation rentals will be allowed. 11. Condominium documents to be reviewed by Town Attorney White. Commissioner Pohl assured Mr. Van Horn that all Applicants are treated fairly and equally by the Planning Commission. Chairman Sager noted that the Applicant is following the guidelines as set forth by ordinance. Commissioner Burgess commented on the Applicant's original development plans and that perhaps developers should consider financing requirements prior to submission to the Planning Commission. There being no further business, Chairman Sager adjourned the meeting at 3:10 p.m. -TZ_ 1<-22 Tina Kuehl, Deputy Town Clerk INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, effective the day of , 1995, among the TOWN OF ESTES PARK, COLORADO, a Municipal Corporation, hereinafter the ('Town't), the PARK SCHOOL DISTRICT NO. R-3, a Colorado School District, hereinafter the ("School Distlict"), and the ESTES VALLEY RECREATION AND PARK DISTRICT, a Colorado Special District, hereinafter the CRecreation District")- WHEREAS, the parties have determined that it is necessary to construct and operate an Interim Youth Center for the youth of the Estes Park area; and WHEREAS, the parties have determined that said Interim Youth Center should be located on property leased by the Recreation District; and WHEREAS, the parties have determined that the Town and the School District shall provide revenues necessary to purchase and construct the facilities for the Interim Youth Center; and WHEREAS, following construction of the Interim Youth Center, the Recreation District will be responsible for the operation of the Interim Youth Center; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties are authorized to enter into this Intergovernmental Agreement for the above stated purposes. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, THE TOWN, THE SCHOOL DISTRICT, AND THE RECREATION DISTRICT AGREE AS FOLLOWS: 1. The Town will enter into an appropriate Leasc/Purchase Agreement for the purpose of lease-purchasing two (2) modulair buildings, each being apprnximately 900 square feet. The estimated cost of both of the two buildings is $60,000.00. The Lease/Purchase Agreement shall provide that the Town shall be entitled to annually renew the Lease/Purchase Agreement so the Lease/Purchase Agreement is not a multiple fiscal year obligation pursuant to the provisions of Article X, Section 20 of the Colorado Constitulion. 2. The School District shall reimburse the Topvn, within thirty (30) days of receipt of a statement from the Town, one-third (1/3) of each annual payment that the Town has made under the terms and conditions of the Lease/Purchase Agreement. The obligation of the School District to pay one-third of the Town's annual Lease/Purchase obligation shall be subject to the School District's annual appropriation of funds for said purpose. This reimbuxsement shall not be construed to bea multiple fiscal year obligation of the School District pursuant to the provisions of Article X, Section 20, of the Colorado Constitution. APR-24-1953· 15; ba HAMI"UNLi I LL_Ht€K 6 kt-11 1 t CLIC,O'.7.-D·_C,%2 E- . 8.3. , 3. Upon receipt of the modular buildings, the Town shall place said buildings on properly the Town has previously leased to the Recreation District. The approximate location of the buildings is set forth on Exhibit A attached hereto and incorporated herein by reference. The Recreation District shall remove the old pool from the site on or before September 1, 1995, to allow installation of the buildings. 4. The Town shall install the buildings at the site, including all necessary utility hook-ups. The Town shall also be responsible £or preparation of the site to alIow installation of the buildings. The estimated cost for all site preparation and utility hook-ups is $20,000.00. 5. The Town shall contribute $5,000.00 toward furnishings for the Interim Youth Center. Said sum shall be transferred from the Town to the Recreation District to be used solely for the purpose of purchasing furnishings 6. Upan installation of the buildings, the Recreation District shall operate the Interim Youth Center. The Recreation District shall be responsible for all C0S1E of operation of the Interim Youth Center. Said operation responsibilities shall include, but not be limited to the following: A. The Recreation District shall be responsible for the operation, maintenance and repair of the Interim Youth Center including, but not limited to, cleaning, janitorial service, trash removal, major and minor repair and maintenance of the buildings and the various mechanical systems, such as the heating and air conditioning. B. The Recreation District shall provide all necessary security for the Interim Youth Center. C. The Recreation District shall be responsible for payment of all necessag utility charges in connection with the operation and maintenance of the Interim Youth Center. . D. The Recreation District shall hire the necessaty personnel to fulfill the operational requirements of the Interim Youth Center. Such pemonnel shall be hired and employed by the Recreation District, except that the Recreation District may employ, in its discretion, independent contractors to perform semices mquired by the Recreation District. The Recreation Disttict shall pay all applicable sales and use taxes, employment compensation, worker' s compensation, employee's federal and state withholding, and FICA taxes that become due in connection with the operation of the Interim Youth Center, during the tenn of this Agreement. 7. During the installation phase of the Interim Youth Center, the Town shall maintain the following insurance coverage: -2- A. Public Liability Insurance. The Town shall obtain Public Liability Insurance in respect to the activities to be taken on behalf of the Town in Connection with the installation of the Intedm Youth Center, in an amount not less than the limitations provided by the Colorado Governmental Immunity Act. This insurance may be by blanket insurance policy or policies. If the Town shall insure against similar tisks by self-insurance, the Town, at its election, may provide for Public Liability Insurance in respect to the Interim Youth Center, partially or wholly by means of an adequate self-insurance fund. The School District and the Recreation District shall be additional insureds on this policy. Following completion of the installation and the inception of operation of the Interim Youth Center by the Recreation District, the Town and the Recreation District shall provide the following insurance coverages: B. Recreation District - Public Liability Insurance. The Recreation District shall obtain Public Liability Insurance in respect to the activities to be taken on behalf of the Recreation District in connection with the operalion of the Intedin Youth Center, in an amount not less than the limitations provided by the Colorado Governmental Immunity Act. This insurance may be by blanket insurance policy or policies. If the Recreation District shall insure against similar risks by self-insurance, the Recreation Districts at its election, may provide for Public Liability Insurance in respect to the Interim Youth Center, partially or wholly by means of an adequate self-insurance fund. The School District and the Town shall be additional insureds on this policy. C. Town Casualty and Property Damage Insurance. The Town shall cany Casualty and Property Damage Insurance in an amount equal to the full appraised replacement value of the Interim Youth Center, or the full insurable value of the Interim Youth Center, whichever is less. The Town, at its election, may provide for property and casualty insurance with respect to the Interim Youth Center, partially or wholly by means of an adequate self-insurance fund. The Recreation District and the School District shall be named as an additional insured on this policy. D. The Recreation DiStliCt shall maintain Worker's Compensation Insurance coverage during the term of this Agreement for all employees of the Recreation District used in connection with the activities and operation of the Recreation District at the Interim Youth Center. Also, the Recreation District shall require that all independent contractors providing any labor or sen,ices for the Interim Youth Centeir maintain Worker's Compensation Insurance coverage. The parties to this Agreement understand and agree that the parties are relying on, and do not waive or intend to waive, by any provisions of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities. and protection provided by the Coloirado Governmental -3- APR-24-i995 15:51 HAMFUND , LLHEK. 6 1.·cri i ; 2 00.2,02·;71:9.; r . U, Immunity Act, §24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. 8. Term of the Agreement. The term of this Agreement shall be five (5) years, beginning on the day of , 1995. 9. Damage. Destruction. Condemnation. If, duIing the term of this Agreement 0) the Interim Youth Center or any portion thereof, is damaged or rendered unusable by fire or other casualty; (ii) title to or temporazy or permanent use of the Intedm Youth Center or any poItion thereof shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm, or corporation acting under governmental authority; or (iii) a material defect in the construction becomes apparent; or (iv) title to or the use of any or all of a portion of the Interim Youth Center is lost by reason of a deict in title thereto; the parties may terminate this Agreement. In the event of destruction or damage, the parties may agree to repair, replace or restore the Interim Youth Center, and if such agreement is made, the net proceeds from any insurance claim shall be applied to the prompt replacement, repair or restoration of the Interim Youth Center. If the net proceeds are insufficient to pay the full cost of such replacement, repair or restoration, the parties may repair, replan or restore the Interim Youth Center pursuant to a further agreement by the parties. If the parties determine not to repair, replace or restore the Interim Youth Center, the net proceeds from any insurance claim shall be applied to returning the site to its pre-construction condition or to a condition as agreed by the parties. Any net proceeds iremaining after repairs replacement or restoration of the Intedm Youth Center or termination of this Agreement shall be the properly of the Town and the School District in the same proportions as set forth in paragraph 12. 10 Terminatian By The Parties For Default. Any palty shall have the option of tenninating this Agreement in the event of default by another party to the tenns and conditions of this Agreement The non-defaulting party shall give thirty (30) days WIitten notice of the default, specifying the natum of the default and giving said party thirty (30) days to cure the same. In the event that said default is not cured within said thirty (30) day 04. period, the non-defaulting party may terminate this Agreement. In the event of termination of the Agreement, the non-defaulting party shall be entitled to all damages incurred by reason of said default, including, but not limited to 811 reasonable attorneys' fees, expert * witness fees and coun costs incurred by thenon-defaulting party. Where a party elects to terminate this Agreement following the giving of notice and failure to cure, termination is effective upon the giving of written notice to the defaulting party. Following termination f of this Agreement due to default either of the parties, the remaining parties may elect, in their sole discretion, to operate the Interim Youth Center. 11. Annual Right to Terminate. Any party shall have the option of terminating its participation in this Agreement by giving Written notice to the other paries on or before -4- December 1 of each calendar year. Said termination shall be effective as of December 31 of said year, In the event of said tennination, the tenninating party shall have no obligation of any kind as of the effective date of termination. Following said termination of this Agreement the remaining parties may elect, in their sole discretion, to operate the Interim Youth Center. 12. Disbumement of Assets. Either upon the termination of this Agreement pursuant to the provisions of paragraph 8, or the termination of this Agreement pursuant to paragraph 10 or paragraph 11, where the non-terminating parties do not opt to operate the Interim Youth Center, the assets of the Interim Youth Center, including but not limited to the modular buildings and furnishings, shall be sold and the proceeds thereof shall be distributed prorata to the Town and the School District based upon the contributions of the said parties pursuant to paragraphs 1, 2, 4, and 5 of tbis Agreement 13. Excessive Bids. In the event the bids for the modular buildings exceed $60,000.00 and/or the cost of site preparation exceeds $20,000.00, the Town may terminate this Agreement upon written notice to the other parties without any fulther obligation to proceed with this project. 14. Relationship Of The Parties. The Recreation District is not an agent or employee of the Town or the School District. The Town is not an agent or employee of the Recreation District or the School District. The School District is not an agent or employee of the Recreation District or the Town. 15. Indemnification By the Recrealion District The Recreation District agrees to indemnify, hold harmless and defend the Town and the School District, and their officers, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss or use, and expenses, including court costs and reasonable attorneys' fees alising out of or resulting from the Recreation District's intentional or negligent actions and/or omissions in the operation and maintenance of the Intedm Youth Center under the terms and conditions of this Agreement 16. Indemniflcation Bv the Town. The Town agrees to indemnify, hold harmless and defend the Recreation District and the School District, and their officeIS, agents and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss or use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the Town's intentional or negligent actions and/or omissions in the installation of the Interim Youth Center under the terms and conditions of this Agreement. 17. Notice of Claims. The Town, the School District and the Recreation District will provide each other with prompt notice of any event covered by the indemnity section -5- APR-24- 19bjb lbib3 HAI'li-· LIND, LLHm 3. 11:M i I C .01·.10•007 3....c; . .'.¥. .. of this Agreement and in the event of a claim or action which is filed, each party may employ attorneys of its own choosing to prepare and defend the claim oir action on its behalf 18. Notices. All notices, demands or other documenls required or desired to be given, made or sent to the parties under this Agreement shall be made in writing, shall be deemed effective upon receipt and shall be personally delivered or mailed, postage prepaid, certified mail, return receipt requested as follows: TOWN OF E51-ES PARK SCHOOL DETRICT Town Administrator Park School District No. R-3 Town of Estes Park Superintendent Post Office Box 1200 P. O. Box 1140 Estes Park, CO 80517 Estes Park, CO 80517 ESTES VALI1ZY RECREATION AND PARK DISTRICT Executive Director Post Office Box 1379 Estes Park, CO 80517 19. Entire Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereo£ 20. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Colorado and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 21. Attonieys' Fees. In the event either of the parties to this Agreement shall institute legal proceedings or be the defendant in legal proceedings for the purpose of enforcing the tenns and provisions of this Agreement and shall prevail in a finals non- appealable judgment entered by a court of competent juiisdiction, then the non-prevailing party shall reimbulse the prevailing parties for all reasonable attorneys' fees, court costs, and reasonable expert witness fees incurred as a result of such proceedings. 22. Parties Bound. This Agreement shall bind the respective successors and assigns of the parties hereto. 23. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable, in any -6- APR-24-1995 15:53 HAMMUND, 1-LHMA 6 wrI itc -JL.1.-J·JU ../.··-'W--· -'- respect, such invalidity, illegality or unenforceability shall not afict any other provision hereof and this Agreement shall bc construed as if such invalit illegal or unenforceable provision had never been contained herein. 24. Assignment. This Agreement may not be assigned by either party hereto without the wlitten consent of the other parties. TOWN OF ESTES PARK, COLORADO By: Mayor ATrEST: Town aerk PARK SCHOOL DISTRICT NO. R-3 By: ATIEST: ESTES VALLEY RECREATION AND PARK DISTRICT By: ATTEST: -7- TOTAL P.08 DISTRICT COURT, COUNTY OF LARIMER, STATE OF COLORADO CASE NO. COMPLAINT (RULE 105, C.R.C.P) TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, Plaintiff, ACTION TO QUIET TITLE TO REAL PROPERTY VS. ESTES PARK DEVELOPMENT COMPANY, An expired Colorado Corporation; KELLY OLSON, Public Trustee of Larimer County, Colorado; and all unknown persons who claim any interest in the subject matter of this action, Defendants. COMES NOW, the Plaintiff, the Town of Estes Park, Colorado, a Municipal Corporation, by and through its attorneys, Hammond, Clark and White, Gregory A. White, and for its complaint against Defendants, states as follows: 1. The Plaintiff is the owner of the following real property situate in Larimer County, Colorado, hereinafter referred to as "the subject property". A tract of land lying in the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section Thirty (30) , Township Five (5) North, Range Seventy-two (72) West of the Sixth Principal Meridian described as follows: Beginning at Point No. 1, said point being the East quarter- section corner of the said Section Thirty (30); thence with the East line of the said section South 572 feet to Point No. 2; thence North 89011' West, 1295 feet to Point No. 3; thence North 572 feet to Point No. 4; said point being the Northwest corner of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the said.section; thence South 89011' East, 1295 feet to the point of beginning. 2. There may be persons interested in the subject property of this action whose names cannot be inserted herein because said names are unknown to the Plaintiff although diligent efforts have been made to ascertain the names of said persons; such persons have been made Defendants and designated as "all unknown persons who claim any interest in the subject property of this action;" so far as Plaintiff's knowledge extends, the interest of the unknown parties are derived through some one or more of the named Defendants. 3. The Defendant, Estes Park Development Company and any person who claims or may claim an interest through or from said Defendant, may claim an interest in the subject property adverse to Plaintiff by reason of a reverter clause as contained in Deed recorded December 13, 1941, in Book 734,- at Page 517, the Records of the Clerk and Recorder, Larimer County, Colorado. 4. The Defendants claim some right, title, or interest in and to the above-described real property adverse to Plaintiff's; the claims of said Defendants are without foundation or right. WHEREFORE, Plaintiff prays for a complete adjudication of the rights of all parties of this action with respect to the real property above described; for a decree requiring the Defendants to set forth the nature of their claims, determining that the .4 Defendants and each of them have no interest, estate, or claim of any kind whatsoever in the said real property, forever barring and enjoining the Defendants from asserting any claim or title thereto, quieting the title of the Plaintiff in and to the real property and adjudging that the Plaintiff is the owner in fee simple; and for such other relief as the Court may deem proper. Dated this day of April, 1995. HAMMOND, CLARK AND WHITE Gregory A. White, Reg. No. 5340 Attorneys for Plaintiff 200 E. 7th Street, Suite 418 Loveland, CO 80537 Telephone: (970) 667-1023 Plaintiff's Address: Town of Estes Park P. O. Box 1200 Estes Park, CO 80517 1----7 q) 'h 7/ 1 1 1 / 1 1 i k. 1 lu / 00 / 1 1 / e0 1 1 / 41 #/IJLLOW- u- ' it 1 1/ r- 4 1 1< I Al ===--F--Ul,2- H U - 11 11 0 . LIU ijI 17 4,14 \ - IC j 0\ 1 1 0 1 2z tu 14::Al./32924#/6: --------- - - 1 CE> 1 -/ , 1- -- 1 3%6 ---- /1 =* :3= 6 h1.5 85* 9 2 . .0 - 0 . 2 N C Wiv 4 V) I 0 4 ...4 X r r 0 0 <C sv -.-: N 1-C) 0 .1 -1 L .1 .HO 0 5 0 11 : 8 -- - M3H11VIN - .Z - -1 0 / e , M~. 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A 0 1 \A 1 , 2 00- / V \V,7 .¢ /1 ~ 1 -- . 9 0 j #t A I / Il W * I W 1/li »76> - ..Irl .9--74311 6 4 \ Lrk 4 -90=41_L z %21 0 Z 11 .- 2.1 N In N ek •-EME=! 12- 1.1 _lk ./L.-E /6-4 / r 1 N . N - Ul 6 1 - LU 1. - 4 \ -'41*/LI+I·HM I+121:=&~4 M)44 2 121*lt - 1.4.. •1-1. I r -- , ~AD _ Nlds,--I®~ / 8 - / I TI, q ~. 1 3 Av A31N¥l5 , t LE EE STANLE~yAR 3VB8 3,NNOB COUHBE 941/1 TOWN OF ESTES PARK Gary F. Klaphake Town Administrator 1-4 13 1.41:ji"/BM,7.-V<<gm<ggwmul"re, 70*' -6- ./illial'Wk?,411: 5-I;./ 1% 36 4#Be ~9,~2960-/Cri/44#7 9. , -f/-· -*4%;3~At~2*~tri.lim"FA-60,,817;11£'~*,MA/I 3~ ' 1-2-f- V>50 ¥cf' - ib#9#. - 4 . -4*,2 e - / .,d 3.--434119\:2~..~~f'*. 1 / A %02 .'-6///1/'#£/I".'.0. -- 4 %r a'~*<•5*547. ., , ~L~ e.4 Estes Park, Colorado 80517 MEMORANDUM April 18, 1995 TO: Honorable Mayor Dannels Board of Trustees FROM: Gary Klaphake L(,lf:-- Town Administrator RE: PARKING PLAN As a follow up to our recent conversations on parking and to avoid a late start, we have scheduled parking meetings with downtown property owners as follows: Sept. 13, 1995 Introductory Meeting Municipal Building Room 203, 7:00 p.m. Sept. 27, 1995 Second Meeting Municipal Building Room 203, 7:00 p.m. Oct. 10, 1995 Report to Town Board Municipal Building Board Room, 7:30 p.m. It is suggested that Trustee Don Pauley chair these meetings with staff assistance from Bill Linnane, Public Works Director. They may decide to proceed with some fact finding on cost, etc., prior to the first meeting. Approval 96„21 ij V Mayor Dannels P O. Box 1200 Telephone (303) 586-5331