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HomeMy WebLinkAboutPACKET Town Board 2000-01-253/ 46 - Prepared 1/20/00 4 REVISED 1/24/00 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 25,2000 7:00 p.m. AGENDA Top Hands Organization, Inc. - Presentation of Reimbursement Check as contained in the Memorandum of Understanding dated January 23, 1996. PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT CALENDAR: 1. Town Board Minutes dated January 11, 2000. 2. Bills. 3. Committee Minutes: A. Public Works, January 20,2000 1. Scope of Services for Water Dept. Financial Plan & Water Tap Fee Study. 2. Scope of Services for Water Dept. System Upgrade Study. 3. Scope of Services & Bid Construction for Lake Estes Trail, Final Phase (Mall Road). 4. Resolution #2-00 - Intent to Annex Resolution - Mary's Lake Lodge Addition, refer to Planning Commission. 2. ACTION ITEMS: 1. Tree Board - Presentation of Annual Report. 2. Intergovernmental Government Agreement with Larimer County for the Estes Valley Development Code - Approval: A. Discussion and Vote on Section IV - Estes Valley Board of Adjustment. B. Discussion and Vote on remaining sections of IGA. 3. Stanley Hall Preservation Project: Contract with Aller-Lingle Architects/Bruce McMillan Architects (Team) - Approval. 4 4. 1999 Carry-Over Resolution #3-00. 3. TOWN ADMINISTRATOR'S REPORT: „]2 Town of Estes Park, Larimer County, Colorado, January 11,2000 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 11 th day of January, 2000. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker·, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek Stephen W. Gillette George J. Hix Lori Jeffrey Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Dekker called the meeting to order at 7:00 p.m. PUBLIC COMMENT Patrick Cipolla suggested the Town take a proactive approach in saving the environment, specifically wetlands, and on any new housing projects, developers be required to set aside 20% for affordable housing; in addition, the deed should be restricted to Estes Park residents only. Community Development Dir. Stamey confirmed that the new Estes Valley Development Code does include wetlands regulations. TOWN BOARD COMMENTS None. 1. CONSENT CALENDAR: 1. Town Board Minutes dated December 14,1999. 2. Bills. 3. Committee Minutes: A. Public Safety, January 6,2000 Police Dept. 1. Contract w/Estes Valley Victim Advocates, Inc. 4. Estes Park Planning Commission, December 21, 1999 (acknowledgement only). 5. Board of Adjustment, January 6,2000 (acknowledgement only). Board of Trustees - January 11, 2000 - 2 6. Re-appointment of Richard Matzke to the Platte River Power Authority Board of Directors. Term to commence January 1, 2000 and expire December 31, 2003. 7. Resolution #1-00 - Designating the public place to post notices of Town meetings. 8. Final Plat of The Reserve, Second Filing, Nordic Construction & Development, Inc./Applicant - Continue to February 8,2000. 9. Kiowa Ridge Annexation and Final Plat (Marys Lake Rd./Fish Creek Rd.), William Van Horn, Bill & Donna Pike, Robert Koehler/Applicants - Continue to February 8,2000. It was moved and seconded (Hi>UDoylen) the consent calendar be approved, and it passed unanimously. 2. ACTION ITEMS: 1. AMENDED PLAT OF LOT 2, MOUNTAIN MAN SUBDIVISION, WINDY CITY, LLP/APPLICANT. Mayor Dekker opened the Public Hearing and Clerk O'Connor confirmed public notice was published December 3, 1999. Community Development Director Stamey presented the Staff Report, confirming all Planning Commission conditions have been met. Trustee Hix declared a conflict of interest and stated he would not participate in discussion nor vote. In addition, a demolition permit has been issued for the gasoline station, and removal of the gasoline tanks has been coordinated with the State. Access was also clarified. As there was no public testimony, Mayor Dekker closed the Public Hearing. It was moved and seconded (Doylen/Gillette) the Amended Plat of Lot 2, Mountain Man Subdivision be approved, and it passed with Trustee Hix abstaining. 2. ESTES PARK VOLUNTEER FIRE DEPT. ANNUAL REPORT AND ELECTION OF OFFICERS. Fire Chief Dorman and Secretary Jon Landkamer presented the 1999 Annual Report, and requested approval of the following OMicers for 2000: 1St Assistant Chief Ray Parker, 2nd Assistant Chief Daryl McCown, Jon Landkamer Secretary, and Doug Deals, Treasurer. It was moved and seconded (Doylen/Hix) the Officers for 2000 be approved, and it passed unanimously. 3. SPECIAL EVENT LIQUOR PERMIT - ESTES PARK AREA HISTORICAL MUSEUM, FEBRUARY 18, MAY 12 AND DECEMBER 16,2000. It was moved and seconded (Baudek/Hix) the Special Event Permit be approved, and it passed unanimously. 4. APPROVAL OF USE IN PUBLIC PARKING LOT FOR WEEKEND SNOWSHOE ACTIVITY CENTER. Larry Wexler/Chamber Resort Assn. (CRA) briefed the Board on the use of a quality portable wood hut for the weekends of January, February, and poMion of March to facilitate spectators during the Snowshoe Weekend Celebration. The RMNP fully approves of the event and they are assisting with coordination, tours, etc. It was moved and seconded (Doylen/Hix) the use of the parking lot adjacent to the Chamber of Commerce be approved as presented, and it passed unanimously. The CRA is to seek approval for the parking lot use every year. Board of Trustees-Januaryll, 2000- 3 3. TOWN ADMINISTRATOR'S REPORT: A. Mall Road Right-of-way Acquisition. The Mayor recently signed an Agreement for the final portion (Mall Rd.) of the Lake Estes Trail. Kudos to Bill Van Horn in obtaining the right-of-way. B. Town Website. An employee team has been working on said website, - estesnet.com. Although the site is "under construction", it is working ' and available. The employee learn was commended, especially Peter Marsh. C. Y2K Update. Although the Town was prepared, Y2K was a "non-event." Upon completion of all agenda items, it was moved and seconded (Hix/Gillette) the meeting be adjourned at 7:40 p.m., and that the Board of Trustees enter a Work Session to discuss the proposed Intergovernmental Agreement with Larimer County concerning the Estes Valley Development Code (EVDC), and Housing Authority Governance, and it passed unanimously. Robert L. Dekker, Mayor 4 - Vickie O'Connor, Town Clerk 1 -2 - M ~MADFOROPUaLIBHINGCO. RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, January 20,2000 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 20th day of January, 2000. Present: Chairman Baudek, Trustees Barker and Jeffrey Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Water Supt. Goehring, Const. Mgr. Sievers, Clerk O'Connor Absent: None Chairman Baudek called the meeting to order at 3:30 p.m. WATER DEPT. FINANCIAL PLAN & WATER TAP FEE STUDY - REQUEST APPROVAL OF COMBINED SCOPE OF SERVICES. The Water Dept. Financial Plan was last updated in 1997. It is now time to update the financial plan, and funds were included in the 2000 Budget ($25,000). To ensure the Town is receiving the current market value for its CBT units, the Water Dept. also budgeted funds to study the water rights portion of the tap fee structure. The Committee reviewed the proposal that was prepared by Black & Veatch, and recommends approval of the combined Scope of Services in the amount of $13,000 for both projects. Completion of the study is expected in April/June. WATER DEPT. SYSTEM UPGRADE REPORT - REQUEST APPROVAL OF SCOPE OF SERVICES. In Black and Veatch's May, 1999 Water Accountability Report, they recommended the Town perform a System Upgrade Study. This Study would include performing leak detection on water lines and preparing a detailed priority list for line replacement. Included in the study would be possible expansion aspects of the water system. Sufficient funds were budgeted for this report. The Committee reviewed the proposal from Rocky Mountain Consultants, including growth relative to the Comp Plan, and they will provide growth estimates. The Committee recommends approval of the Scope of Services in the amount of $25,000. LAKE ESTES TRAIL, FINAL PHASE-MALL ROAD TRAIL DESIGN AND CONSTRUCTION MANAGEMENT - REQUEST APPROVAL OF SCOPE OF SERVICES AND AUTHORIZATION TO BID CONSTRUCTION. The Committee reviewed the Scope of Services to complete the design and construction management submitted by Van Horn Engineering. The cost is $20,000, and the EVRPD and the Town will share the cost 50/50. Staff desires to bid the project in February, with construction completion in May/June. The Town's portion of the project is budgeted at $286,000. IMAC}FORIPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee - January 20,2000 - Page 2 The Committee recommends 1) approval of the Scope of Services in the amount of $20,000 submitted by Van Horn Engineering, said $20,000 to be shared equally with the EVRPD, and 2) staff be authorized to bid the project. REPORTS. Highway 34/36 Bridge and Widening Project - Update. The Public Works Dept. has prepared a "Municipal Memo» on said Project, and a sketch identifying the site and work will be included in the article. The Contractor prepares and submits a proposed 2-week work schedule, and by mid-April, traffic should be diverted to the north side. Chairman Baudek urged citizens to contact Town staff and/or elected officials if they have concerns/questions about anything the Town may have done-verification can be obtained quickly and may prevent unnecessary hardship caused by rumors. The Committee reviewed the Customer Service Response Report for November and December, 1999. There being no further business, Chairman Baudek adjourned the meeting at 4:07 p.m. £9Ezzlky 0- Oka Vickie O'Connor, CMC, Town Clerk RESOLUTION NO. 2-00 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town requesting annexation of the area described herein is in substantial compliance with Section 31-12- 107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleys and any land owned by the annexing municipality. Such area, if annexed, will be known as "MARY'S LAKE LODGE ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: A PORTION OF SECTION 2, TOWNSHIP 4 NORTH, RANGE 73 WEST OF THE 6TH P.M. MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING FROM THE TRUE POINT OF BEGINNING AT THE CENTER 1/4 CORNER OF SAID SECTION 2 AS MONUMENTED BY A BRASS CAPPED PIPE; THENCE SOUTH 86 DEGREES 08 MINUTES 59 SECONDS EAST A DISTANCE OF 107.94 FEET TO U.S.B.R. BRASS CAPPED CORNER #AP-7; THENCE NORTH 22 DEGREES 52 MINUTES 06 SECONDS EAST A DISTANCE OF 923.52 FEET TO THE WESTERLY RIGHT OF WAY OF MARY'S LAKE ROAD; THENCE ALONG SAID RIGHT OF WAY FOR THE FOLLOWING FIVE COURSES, SOUTH 36 DEGREES 01 MINUTES 28 SECONDS EAST A DISTANCE OF 474.60 FEET; THENCE SOUTH 30 DEGREES 27 MINUTES 22 SECONDS EAST A DISTANCE OF 660.00; THENCE SOUTH 36 DEGREES 13 MINUTES 20 SECONDS EAST A DISTANCE OF 405.31 FEET; THENCE SOUTH 35 DEGREES 44 MINUTES 22 SECONDS EAST A DISTANCE OF 93.93 FEET; THENCE SOUTH 57 DEGREES 02 MINUTES 22 SECONDS EAST A DISTANCE OF 326.04 FEET MORE OR LESS TO A POINT ON LINE OF THE EXISTING CORPORATE LIMITS OF THE TOWN OF ESTES PARK; THENCE LEAVING SAID RIGHT OF WAY AND FOLLOWING SAID CORPORATE LIMITS FOR THE FOLLOWING SEVEN COURSES, SOUTH 32 DEGREES 57 MINUTES 27 SECONDS WEST A DISTANCE OF 23.39 FEET, THENCE ALONG A TANGENT CURVE, CONCAVE TO THE NORTHWEST WITH A RADIUS OF 70.00 FEET, A DELTA OF 57 DEGREES 31 MINUTES 11 SECONDS AND A CHORD BEARING OF SOUTH 61 DEGREES 43 MINUTES 02 SECONDS WEST A DISTANCE OF 67.36 FEET; THENCE TANGENT TO SAID CURVE NORTH 89 DEGREES 31 MINUTES 22 SECONDS WEST A DISTANCE OF 685.64 FEET, THENCE ALONG A TANGENT CURVE, CONCAVE TO THE NORTH WITH A RADIUS OF 175.00 FEET, A DELTA OF 32 DEGREES 55 MINUTES 54 SECONDS AND A CHORD BEARING OF NORTH 73 DEGREES 03 MINUTES 25 SECONDS WEST A DISTANCE OF 99.21 FEET; THENCE TANGENT TO SAID CURVE NORTH 56 DEGREES 35 MINUTES 28 SECONDS WEST A DISTANCE OF 123.73 FEET; THENCE SOUTH 32 DEGREES 44 MINUTES 22 SECONDS WEST A DISTANCE OF 220.43 FEET; THENCE NORTH 74 DEGREES 01 MINUTES 22 SECONDS WEST A DISTANCE OF 993.32 FEET; THENCE LEAVING SAID EXISTING CORPORATE LIMITS NORTH 74 DEGREES 01 MINUTES 22 SECONDS WEST A DISTANCE OF 99.88 FEET; THENCE NORTH 7 DEGREES 01 MINUTES 22 SECONDS WEST A DISTANCE OF 189.29 FEET; THENCE NORTH 52 DEGREES 01 MINUTES 22 SECONDS WEST A 1 tt DISTANCE OF 280.00 FEET; THENCE NORTH 62 DEGREES 01 MINUTES 22 SECONDS WEST A DISTANCE OF 210.00 FEET; THENCE NORTH 42 DEGREES 01 MINUTES 22 SECONDS WEST A DISTANCE OF 179.86 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE ALONG SAID NORTH LINE SOUTH 86 DEGREES 08 MINUTES 28 SECONDS EAST A DISTANCE OF 1029.90 FEET TO THE TRUE POINT OF BEGINNING. SURVEYOR'S NOTES: 1. 30.8% OF THE PERIMETER OF THE PROPOSED MARY'S LAKE LODGE ADDITION ANNEXATION IS CONTIGUOUS WITH THE PERIMETER OF THE CURRENT CORPORATE LIMITS OF THE TOWN OF ESTES PARK. (TOTAL PERIMETER = 7197.63', CONTIGUOUS PERIMETER = 2217.36') 2. AREA OF MARY'S LAKE LODGE ADDITION ANNEXATION: 1,747,703 S.F. = 40.12 ACRES. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., the Town Board public hearing shall be held on April 11, 2000 at 7:00 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R.S. IT IS FURTHER RESOLVED, that the plat of the Mary's Lake Lodge Addition be referred to the Planning Commission to begin the necessary procedures to make the property subject to the Zoning Ordinances of the Town, and that the Planning Commission's public hearing shall be held March 21, 2000. DATED this 25th day of January ,2000. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk "Trees are a vital natural resource in Estes Park. Our mission is to protect and promote our trees for the present and thefuture." TREE BOARD ANNUAL REPORT TOWIV OF ESTES PARK January 14,2000 1. The Tree Board members are: JeffBarker Public Works Committee Rep. 4-year term Dan Speedlin Parks Department Rep. 4-year term Tim Rische Parks Department Rep. 4-year term Russ Franklin Parks Department Rep. 4-year term Wendell Amos EVIA Rep. 4-year term Alice Gray EVIA Rep. 4-year term Dick Lang EVIA Rep. 4-year term 2. The Tree Board's Mission Statement is: "Trees are a vital natural resource in Estes Park. Our mission is to protect and promote our trees for the present and the future." 3. January 1999: Estes Park's Tree City application was accepted. 4. February 1999: Dave Farmer gave a report on the Learning Tree material. He gave us each a brochure on this subject. We discussed the possibility of having an introductory workshop on the Learning Tree and project Wild in the fall. It would be for teachers, curriculum people, Eagle Rock School and other interested people. 5. March 1999: We talked about the future Tree Memorial Plague. We discussed ways of keeping track of the tree memorials. Dan reported on a bronze plague of Estes Park places (map) identified by numbers on the plague. Then the places will be listed on one side of the plague. We have a perfect wall in the lobby of the Municipal Building. We discussed goals and projects for 1999: A. Tree Memorial Plague and plantings B. Arbor Day Celebration on May 14, 1999 C. Articles for the Trail-Gazette D. Dave Farmer, CSFS, will meet with the curriculum coordinator at the school. 1 . Dick Lang wrote a 'Watering Trees in Wintef' article for the Trail- Gazette. Russ and Dan attended the Hazardous Tree Meeting in Greeley. Our Hazardous Tree Program includes the assessment of trees in high- traffic pedestrian areas. We identified our priority areas at this time to be the Chamber area, the Riverwalk, Bond Park and Riverside Park. The Town hired Mike Richardson to trim hazardous trees. 6. April 1999: Mayor Bob Dekker voiced his appreciation for the Tree Board's efforts and presented a plate of thank-you brownies. Dan reported that the Tree Memorial Plague will be an etched bronze plate of Estes Park, mounted on wood, and will cost about $500. 7. May 1999: Finalized the Arbor Day plans for Friday, May 14, 1999. The Middle School students presented an Arbor Day program. Mayor Dekker, Tim Rische and Wendell Amos spoke during the program. Invitations were sent. The Town replaced two trees between the Intermediate and Middle schools. There was an article and photo in the Trail-Gazette. 8. June 1999: We put an article on the Beetle Tree Spray Program in the Trail-Gazette. It also listed reliable spray companies who would work in the Estes Valley, their locations and telephone numbers. 9. September 1999: Dan unveiled the beautiful Memorial Tree Plague. Dan reported that we were luckier than other towns, as Estes Park had fewer beetle trees. The green ash trees are doing the best in Estes Park's downtown plantings. 10. November 1999: Tim and Russ reported on the Carbondale Forestry Conference held Oct. 21 and 22, 1999. It was an interesting and informative conference. They learned more about tree inventories and GIS mapping, which they will be doing in Estes Park. Jim Knopf spoke on Xeroscaping, which was also very interesting. The Town is planning to develop a street tree-pruning and inventory program to begin in 2000 or 2001. a A photo was taken of the Tree Board members with the Tree Memorial Plague for the Trail-Gazette. 11. December 1999: Applications for Tree City USA renewal were sent. We also applied for a Growth Award, an honor recognizing a quality Tree City with special concerns. Those communities with Growth Awards are more committed to their trees than others. Tree Board meetings for 2000 will be at 8:30 a.m. Feb. 1, March 7, April 4, May 2, July 11, Sept. 5 and Nov. 8 (Wednesday) at the Municipal Building. The public is welcome to attend the meetings. Arbor Day will be Friday, May 19, 2000. Respectfully submitted, Alice Gray, Secretary CC: Mike Babler Dave Farmer Dave Lentz Vickie O'Connor Page 3 - Tree Board Annual Report THIS AGREEMENT, effective this - day of ,2000, between the TOWN OF ESTES PARK, COLORADO (the "Town"), and the BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY, COLORADO (the "County"). WHEREAS, the Estes Park Planning Commission and the Larimer County Planning Commission have adopted the Estes Valley Comprehensive Plan ("the Comp Plan") for the land area in the Estes Valley Planning Area ("the Planning Area"); and WHEREAS, the Comp Plan proposed a future uniform land use classification system and administrative procedures for the Planning Area; and WHEREAS, the Town and the County established the Estes Valley Planning Commission ¢'EVPC") by an Intergovernmental Agreement effective September 16, 1997; and WHEREAS, the EVPC has prepared and recommended the adoption of the Estes Valley Development Code ("EVDC"); and WHEREAS, the Town and the County have adopted the EVDC; and WHEREAS, Section 30-28-117 (5) C.R.S., provides that the Town and the County may enter into an intergovernmental agreement for the purpose of establishing a joint zoning board of adjustment for the Planning Area; and WHEREAS, it is necessary for the Town and the County to enter into this Intergovernmental Agreement for the purpose of reenacting the appropriate portions of the Intergovernmental Agreement effective September 16, 1997; providing for the administration of the EVDC within the Planning Area; allocating Town and County resources including necessary funding for administration of the EVDC and related functions within the Planning Area; establishing a joint zoning Board of Adjustment for the Planning Area; agreeing to parameters and procedures involving annexation of property to the Town within the Planning Area; and making all other necessary agreements for the efficient operation of the EVDC and administrative procedures for the Planning Area; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties hereto are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: I. AGREEMENTS This Intergovernmental Agreement hereby replaces and supercedes the Intergovernmental Agreement effective the 16th day of September 1997, between the Town and the County in its entirety. All work, decisions, and recommendations of the Estes Valley Planning Commission prior to the effective date of this Agreement shall remain in force and effect. II. THE ESTES VALLEY PLANNING AREA The Estes Valley Planning Area ("the Planning Area") is depicted on Exhibit A", attached hereto and incorporated herein by reference. This map is also known as the Estes Valley Development Code Boundary Map. III. THE ESTES VALLEY PLANNING COMMISSION A. Authority. The parties hereby continue, pursuant to the terms and conditions of this Agreement, the Estes Valley Planning Commission ("EVPC") for the purpose of performing all of the duties and responsibilities of a joint planning commission pursuant to the provisions of the EVDC. The EVPC shall also have all of the duties, responsibilities, and obligations of the Town and/or County planning commissions set forth in the Colorado Revised Statutes for the Planning Area. The EVPC shall also have authority and be responsible for the Comp Plan. B. Membership. The EV]?C is composed of seven (7) members. Three (3) members shall be appointed by the Town and four (4) members shall be appointed by the County. Each member shall serve for a four (4) year term. The terms shall be staggered so that three (3) of the County appointees and one (1) of the Town's appointees shall serve the same term and the other three (3) appointees shall serve the alternate term. C. Residency. All appointees of the Town shall be residents of the Town for at least one (1) year prior to their appointment. All County appointees shall be residents of the unincorporated portion of the Planning Area for at least one (1) year prior to their appointment. All members shall continue to be residents of their respective areas during their entire term. A County appointee of the EVPC residing in an area annexed by the Town may continue to serve the remainder of that member's term. D. Officers. .There shall be a Chair and a Vice Chair for the EVPC. Each shall serve for one (1) year terms, beginning with the first meeting in january of each year. The Chair shall be from the Town appointees in even years and from the County appointees in odd years. The appointment of the Chair shall alternate between the Town and County appointees throughout the term of this agreement. The Vice Chair shall also alternate between the Town and 2 County appointees, opposite that of the Chair, namely when the Chair is a Town appointee, the Vice Chair shall be a County appointee. The Chair and Vice Chair shall be chosen by the members of the Commission. The Vice Chair shall serve as the Chair in absence of the Chair. The EVPC may appoint such other officers, such as Secretary, as the Commission deems necessary for the conduct of its business. Said other officers may be non-members of the Commission. E. Attendance. All members shall attend all meetings, including special meetings of the EVPC, if possible. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or the County may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. A Town appointed member may only be removed pursuant to the procedures set forth in Section 31-23-203 [3] C.R.S. F. Vacancv. Any vacancy occurring on the Commission shall be filled as soon as practical by appointment by either the Town or County. G. Meetings. Regular meetings of the EVPC shall be once a month. Special meetings may be called as necessary. H. By-laws: The By-laws of the EVPC dated December 7, 1999, shall be the By-laws of the EVPC and are hereby approved by the Town and the County. IV. ESTABLISHMENT OF THE ESTES VALLEY BOARD OF ADJUSTMENT A. Authority. The parties hereby establish, pursuant to the terms and conditions of this Agreement, the Estes Valley Board of Adjustment ("EVBOA") for the purpose of performing all of the duties, responsibilities and obligations of the Estes Valley Board of Adjustment set forth in the EVDC and the statutory responsibilities of the Town and the County Board of Adjustment within the Planning Area. The EVBOA shall hear all vatiance requests pursuant to the terms and conditions of the EVDC. B. Membership. The EVBOA shall be composed of five (5) members. Three (3) members shall be appointed by the Town and two (2) members shall be appointed by the County. Each member shall serve a %1*31 year term. The terms shall be staggered so that two of the Town's appointees and one (1) of the County's appointees shall serve a "bree (* year teon. The other two (2) appointees shall serve a two-year term. Thereafter, all appointees shall serve *ree (31 year terms. 3 r. C. Residency. All appointees of the Town shall be residents of the Town for at least one (1) year pnor to their appointment. All County appointees shall be residents of the unincorporated portion of the Planning Area for at least one (1) yew prior to their appointment All members shall continue to be residents of their respective areas during their entire term. A member of the EVBOA in an area annexed by the Town may continue to serve the remainder of that member's tenn. D. Officers. There shall be a Chair and a Vice Chair for the EVBOA. Each shall serve for a one (1) year term, beginning with the first meeting in January of each year. The Chair shall be from the Town appointees in odd years and from the County appointees ill even years. The appointment of the Chair shall alternate between the Town and County appointees throughout the term of this agreement. The Vice Chair shall also alternate between the Town and County appointees, opposite that of the Chair. The EVBOA may appoint other officers, such as Secretary, as deemed necessary for the conduct of business. Said other officers may be non-members of the EVBOA. E. Attendance. All members shall attend all meetings of the EVBOA, if possible. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or the County may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. F. Vacancy. Any vacancy occurring on the EVBOA shall be filled as soon as practical by appointment by either the Town or County. G. Meetings. Regulali mee tings of the EVBOA shall be once a month, if necessary. V. DEVELOPMENT WITHIN THE ESTES VALLEY PLANNING AREA - ANNEXATION A. The Town agrees to consider the annexation of all properties within the unincorporated portion of the Planning Area which are eligible for or which can be made eligible for voluntary annexation in accordance with the provisions of Title 31, -ArtiCle 12, C.R.S. upon the filing by the Owners of the property of one or more of the following development applications: 1. Subdivision Lf five (5) or molelots_for-residential usd 2. Application for re-zoning 3. Concept Plan 4. Development Plan for Commercial Accommodation, Commercial, Industrial or Multi-family development of 10 or more units 4 Kll land use applications subject to consideration for annexation shall be kccompanied by a signed petition for annexation meeting tke_Equirements-of iI'itle 31, Article 12, C:11.Sl The Town shall not be required to consider annexation of any property within the unincorporated portion of the Planning Area for the following types of development applications: 'ILot.splitc deletedl 1. Development plan for residential property 2. Subdivision of § or less lots for residential use B. The Town also agrees to annexation of all County roads and rights-of-way, easements, etc. adjacent to a voluntary annexation in accordance with Title 31, Article 12, C.R.S., provided however, that the Town reserves the right not to annex such County roads and rights-of-way if annexation of such roads and rights-of-way would impede future annexation anticipated by the Town. C. The County agrees to require a binding annexation agreement as a condition of approval on any development application of the following listed land use approvals located within the unincorporated portion of the Planning Area but not e ligible for voluntary annexation to the Town at the time of development application. 1. Subdivision of five_(5), or more lots for residential use 2. Application for re-zoning 3. Concept Plan 4. Development Plan for Commercial Accommodation, Commercial, Industrial, or Multi-family developments of 10 or more units The County shall not require an annexation agreement for any property within the unincorporated portion of the Planning Area for the following types of development applications: ILot split. - deletedl 1. Development plan for residential property 2. Subdivision of g or less lots for residential use D. The Town and County agree that annexation of any property within the Planning Area by the Town is subject to the sole legislative discretion of the Board of Trustees of the Town. E. As part of the annexation, the Town may require the Owners to enter into an annexation agreement. The terms and conditions of said agreement shall be in the sole discretion of the Town. 5 6 F. The annexation may be processed contemporaneously with the development proposal under the applicable terms and conditions of the EVDC. In the event the Town determines at any time during the process not to annex the property, the review process shall continue through the EVPC and the Board of County Commissioners. VI. Development Compliance With Other Town and County Requirements. A. The Town and the County have other operating rules, regulations, ordinances and requirements which may apply to development and use of property within the Planning Area. These include, but are not limited to the following areas of regulation: 1. Flood Plain Regulations. The Town and County shall administer their flood plain regulations within their respective jurisdictions. 2. Sign Regulations. The Town and County shall continue to administer their sign regulations within their respective jurisdictions except that the Town shall provide staff administration of applications for sign permits. 3. Building Permits. The Town and County shall continue to administer their building code, permit and inspection programs within their respective jurisdictions. 4. Streets and Roads. The Town Engineer and County Engineer shall maintain their responsibilities for ensuring proper road construction, maintenance and safety within their respective jurisdictions. 5. Drainage. The Town Engineer and County Engineer shall maintain their respective responsibilities, if any, for drainage improvements and maintenance within their respective jurisdictions. 6. Public Health and Safety. The Town and County shall maintain their respective responsibilities for public healths welfare and safety within their respective junsdictions. 7. Wildfire Construction. Larimer County's building code requlrements regarding construction in wildfire hazard areas shgll apply in the unincorporated portion of the Planning Area. VII. Fees for Parks, Roads, Drainage, and Development for the Planning Area. 1. The County's *apital Expansion Feed for roads, community parks, and drainage shall apply within the unincorporated portions of the Planning Area. The County's regional park fee shall not apply within the unincorporated portion of the Planning Area. 2. The Town agrees to study one or more of the above fees for possible inclusion for development within the Town. 3. The Town and County EN maintain separate land use application fees for applications within their respective jurisdictions in the Planning Area. Said fees shall be collected by the Town as a part of its 6 .. administrative responsibility and retained by the Town to assist the Town in recovering the cost of the Town's administrative duties pursuant to this Agreement. VIII. DUTIES AND RESPONSIBILITIES OF THE EVPC. A Recommendations of the EVPC. 1. All land use decisions of the EVPC shall be advisory only. All final approvals of said decisions shall be the responsibility and obligation of either the Board of Trustees or the Board of County Commissioners depending upon the geographic location of the land use proposal. 2. The EVPC shall have responsibility for the Estes Valley Comprehensive Plan as that responsibility is set forth in the applicable state statutes. IX. STAFFING AND COSTS A. Town and County staff shall cooperate in the review, approval, and monitoring of land use development within the Planning Area. Primary responsibility for all administration of staffing shall be with the Town's Community Development Department (CDD). B. Duties of the Town Community Development Department (CDD). 1. The CDD shall serve as the primary administrator of the EVDC. 2. The CDD shall serve as primary staff to the EVPC, the Board of Trustees, the Larimer County Board of County Commissioners, and the EVBOA for land use development within the Planning Area. CDD shall prepare all staff reports for matters before the EVPC, the Board of Trustees, the Board of County Commissioners, and the EVBOA. 3. The Town shall provide the necessary personnel to provide professional staffing of the CDD and its responsibilities pursuant to this Agreement. In consideration of the Town's obligations to provide the services set forth in this Agreement, the County shall pay to the Town on or before January 158 of each calendar year the sum of $30,000 during the term of this Agreement. The first payment of said sum shall be paid on or before March 1,2000. The $30,000 payment shall be increased annually by an amount equal to the percentage increase for the Denver CPI for June of the previous year. 4. CDD staff shall present allland use applications to the EVPC. 5. CDD staff shall present EVPC land use recommendations to the respective Boards. 6. CDD staff shall present varnnce requests to the EVBOA. 7. CDD staff shall route land use applications to Larimer County and all referral agencies for review and comment. 8. CDD staff shall prepare @ public notices, and publish and notify interested parties, as required by the EVDC. 7 .1 9. CDD staff shall serve as the primary contact staff for land use proposals within the Planning Area. 10. CDD staff shall present an annual report to the Board of Trustees and the Board of County Commissioners summarizing development activity within the Planning Area. C. Duties of Larimer County Planning Department (LCPD) 1. LCPD staff shall serve as resource and support staff for the EVPC. 2. LCPD staff shall attend meetings of the EVPC and Larimer County Board of Commissioners as deemed necessary by CDD. 3. LCPD staff shall review and comment, as appropriate, on land use proposals within the unincorporated portions of the Planning Area. 4. LCPD staff shall assist with the routing and coordination needed to assemble comments from various County departments involved with the review process. 5. LCPD staff shall assist CDD staff in providing historical in formation or perspectives on development proposals within the unincorporated portion of the Planning Area. 6. LCPD staff shall provide access to historical land use application files, copies of maps, staff reports, and other records as necessary. D. Code Enforcement 1. The CDD staff shall provide code enforcement of the EVDC within the Planning Area. 2. The Town and County shall be responsible for code enforcement of violations existing prior to February 1, 2000, within their respective jurisdictions. 3. LCPD staff shall provide historical records to the Town as needed. 4. The County Attorney shall provide assistance with code enforcement issues within the unincorporated portion of the Planning Area. Any necessary litigation including, but not limited to, state agency review shall be instituted and maintained by the County Attorney or Town Attorney depending on geographical location of the violation. E. Duties of the Town Attorney. 1. The Town Attorney shall be the primary legal advisor to the CDD staff and the EVI?C. 2. The Town Attorney shall attend meetings of the EVPC as necessary. 3. The Town Attorney shall attend meetings of the Board of Trustees or Board of Commissioners, as necessary. 4. The Town Attorney shall institute and maintain all necessary legal actions including litigation and state agency review for land use matters within the geographical area of the Town. F. Duties of the County Attorney. 8 4 F. Duties of the County Attorney. 1. The County Attorney shall advise CDD staff on matters that may relate to County issues. 2. The County Attorney shall attend EVPC meetings as requested by CDD staff. 3. The County Attorney shall attend Board of County Commissioner meetings, as necessary. 4. The County Attorney shall institute and maintain all necessary legal actions including litigation and state agency review for land use matters within the geographical area of the County. G. Wild Fire Review 1. Larimer County shall review development proposals for compliance with Wildfire standards and mitigation. 2. Larimer County shall provide site inspection projects prior to issuance of a Certificate of Occupancy for mitigation implementation. 3. The Town shall consider adopting Larimer County's wildfire construction standards. 4. Appropriate wildfire review fees shall- 62 collected by ihe Towi~ and Yorwarded to the County[ H. Maintenance of Required Public Facilities 1. Maintenance of public facilities, if any, shall be the responsibility of the Town or County, depending upon the respective geographic location of the public improvement. 2. Each public facility shall be subject to the policies and procedures of the respective jurisdiction. I. Improvement Guarantees 1. Improvement Guarantees shall be required as set forth in the EVDC. The CDD shall administer all improvement guarantees. Said guarantees shall be maintained in the name of the respective jurisdiction. 2. The Town Engineer and County Engineer shall verify the estimate of construction costs, depending upon the geographic location of the improvements. 3. Releases of security from an Improvement Guarantee shall be authorized by the respective Engineer, and released by the CDD. J. Data Base Development 1. From tlme to time, it may be necessary to undertake special projects for data base development to assist with the planning process. Such activities may include aerial photos, topographic base maps, or development planning projects. Costs for these activities shall be shared by the Town and County on a to be determined project by project basis. 9 .. 1 Permanent Files and Records 1. The Town shall maintain all new project files. 2. Larimer County staff shall have access to all files. X. OTHER PROVISIONS A. Transition. 1. During the period of time between February 1, 2000 to July 1,2001, ("the transition period") the LCPD shall have a staff member present at all meetings of the EVPC and the Board o f County Commissioners in which land use applications for the Planning Area are on the agenda, unless the CDD in forms the LCPD that such staff member's presence is not necessary. 2. During the transition period the Town Attorney shall be available to attend all meetings of the Board of County Commissioners in which land use applications in the Planning Area are on the agenda and the CDD staff requests attendance. 3. During the transition period, the County Attorney shall be available for attendance at all EVPC meetings in which land use applications in the unincorporated area of the Planning Area are on the agenda and the CDD staff requests attendance. 4. During the transition period, LCPD shall assist the Town during the transition period for code enforcement. B. Seminars. The Town shall be responsible for funding attendance by members of the EVPC for seminars, conventions, and conferences as the Town in its sole discretion may determine during its normal budget process. C. Procedures and Policies. The Town and County staff shall develop necessary procedures and policies to administer their respective functions and obligations pursuant to this Agreement. D. Term This Agreement shall remain in force and effect for a period of ten (10) years from its effective date. However, either party may terminate this Agreement at any time by giving the other party nine months written notice o f its intention to terminate the Agreement. Such notification shall be sent by certified letter with return receipt requested addressed to the other party as set forth in the notice provision of this Agreement. E. Enforcement It is the intent of both the Town and County that this Agreement is binding upon both the Town and County, and that either party hereto 10 shall be permitted to specifically enforce any provisions of this .Agreement in a court of competent jurisdiction. F. Review The parties agree to review the terms and conditions of this Agreement every two years. G. Amendment This Agreement may be amended in writing at any time by mutual agreement of the parties. H. Notice All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, by regular mail, postage prepaid (unless this Agreement specifically requires certified mail) addressed as follows: Larimer County Board of County Commissioners Attn. Chair P.O. Box 1190 Fort Collins, Colorado 80522 Town of Estes Park Attn. Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 I. Governmental Immunity The parties agree and understand that both parties are relying on and do not waive, by any provision of this Agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000) per person and Six Hundred Thousand and 00/100 ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S. as from time to time amended, or otherwise available to the parties or any of their officers, agents or employees. J. Current Year Obligations. The parties acknowledge and agree that any payments provided for hereunder. or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this agreement are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current 11 6 fiscal year of each individual party. No provision of this agreement shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This agreement shall not directly or indirectly obligate either party to make any payments beyond those appropriated for each party's then current fiscal year. No provision of this agreement shall be construed to pledge or create a lien on any class or source of either party's monies, nor shall any provision of this Agreement restrict the future issuance of either party's bonds or any obligations payable from any class or source of each individual party's money. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER By: Chair ATTEST: Deputy Clerk of the Board TOWN OF ESTES PARK By: Mayor ATIEST: Town Clerk 12 MEMORANDUM To: Honorable Mayor Dekker and Board of Trustees /7 From: Randy Repola +/- Date: January 21,2000 Subj ect: Stanley Hall Architect Contract Background: The Town of Estes Park as "Tenant" of the Stanley Hall, has been working to restore Stanley Hall along with the Friends Of Stanley Hall (FOSH), Inc., a local private non-profit corporation. In April of 1999, FOSH and the Town received the design development package from the project architects, Alter-Lingle Architects and Bruce MeMillan Architects. Minor revisions were made and submitted to Stanley Hotel owner, John Cullen. In addition, at that time, the contract for construction documents and contract administration was submitted with a cost of $58,000. In January ofthis year, Mr. Cullen approved the design development drawings. The next phase of this project is development of construction documents, which will be used to bid the project. Budget/Cost: The fees for construction documents and contract administrative services will be paid by FOSH. The total cost will be known by Tuesday's meeting. Due to revisions in the contract, and the elapsed time between the contract submittal and approval, the amount is being revised to reflect the architects' 2000 price structure. Recommendation: (write as a motion): Staff recommends approval of the contract upon the following conditions: that FOSH pays the contract fee to the Town and that the final contract is approved by Town Attorney White. 1997 .DITION AIA DOCUMENT B141-1997 ~ Standard Form ofAgreement Between Owner and Architect with Standard Form of Architecfs Services This document has important legal consequences. A GREEMEN T made asof the Twenty-Third day of April Consultation with an in the year Nineteen Ninety-Nine attorney is encouraged (In words, indicate day, month and year) with respect to its completion or modification. BETWEEN the Architect's client identified as the Owner: (Name, address and other information) TABLE OF ARTICLES Town of Estes Park 170 MacGregor Ave. 1.1 INITIAL INFORMATION P. 0. Box 1200 Estes Park, CO 80517 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS and the Architect: (Name, address and other information) 1.4 SCOPE OF SERVICES AND Aller-Lingle Architects P.C. Bruce McMillan ALA, Architects, P.A. OTHER SPECIAL TERMS 748 Whalers Way, Building E, Suite 200 555 Poyntz Ave., Suite 295 Fort Collins, CO 80525 Manhattan, KS 66502 AND CONDITIONS 1.5 COMPENSATION For the following Project: (Include detailed description of Project) Phase 3 professional services for the restoration and renovation of Stanley Hall, located on the grounds of the Stanley Hotel in Estes Park, Colorado. The building is part of the Stanley Historic District and the project will be funded by the Friends of Stanley Hall, a 501C3 not - for profit organization through a separate agreement with the Town of ~ Estes Park. Phase 3 services include construction documents, bidding and contract administration services and related services as described in Article 2, paragraphs 2.4.4thru 2.6.6.4 inclusive for the entry/ D,4 -9-Ta lobby areas of the main and lower levels, handicapped access to the - main and lower levels, lower level Green Room, dressing rooms, public ©1997 AIA® restrooms, mechanical/electrical rooms and work space, main floor stage AIA DOCUMENT B141-1997 and ballroom, balcony remodeling, porch modifications and storage. This scope is more fully describea in Article 2.9. STANDARD FORM AGREEMENT The Owner and Architect agree as follows. The American Institute of Architects 1735 New York Avenue, N.W. I Washington, D.C. 20006-5292 Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, ©1997 by The American 1-1 Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written ~ permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecu- tion. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1-1 ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as"not applicable," "unknown at time of execution" or"to be determined later by mutual agreement.") 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: (Identify or describejf aperopriate, proposed use or goals.) To cpmplpte development of the design intent of the project as identified in the Feasibility Study/Schematic Design and Design Development Phases completed 10/97 and 4/99 respectively and to coordinate portions of the project for which the Owner is responsible with portions of the project being completed by the Town of Estes Park utilizing funds from the Colorado State Historical Society. 1.1.2.2 i ne physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) The interior spaces of Stanley Hall to include the lobby, restrooms, balcony, stairs, concert hall, stage, Green Room, dressing rooms, mechanical, storage, office, work areas and ancillary space including the west and south porticos and related utilities serving the facility. 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) Compiled of the Feasibility Study and information provided by the Friends of Stanley Hall and the Town of Estes Park. 1.1.2.4 The legal parameters are: (Identify Pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) That the building is on Lot 1 of the Stanley Historic District, Town of Estes Park, CO. and is a listing on the State and National Registers of Historic Places. 1.1.2.5 The financial parameters are as follows. as of 11/1/98 (estimated) .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: 1,208,035.00 .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: N/A 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) The Construction Documents phase is preliminarily scheduled for 120 days at time of contract inception followed by a 30 day review period, followed by a 15 day document adjustment period, bidding to contractors for 30 days followed by a 12 month construction period once a Notice to Proceed is issued. See Article 2, paragraph 2.9 for adjustments to add additional services at such time as the Owner and Architect might _mutually agree should khe project be implemented in phases. 1.1.2.7 1 he proposed procurement or delivery metriod ior the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) As of 4/23/99 the determination has not been made. 1.1.2.8 Other parameters are: ob.de.40 (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation - requirements.) ©1997 AIA® AIA DOCUMENT B141-1997 The Colorado State Historical Society, the Town of Estes Park as STANDARD FORM leaseholder and the Friends of Stanley Hall and the property AGREEMENT owner representative of Grand Heritage Hotels shall have review and concurrence on the project prior to implementation. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. '4 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representative is: ( List name, address and other information.) The Town of Estes Park 170 MacGregor Ave. P. O. Box 1200 Estes Park, CO 80517 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: ( List name, address and other information.) Town of Estes Park Staff Appointee Friends of Stanley Hall Grand Heritage Hotels P. O. Box 1200 Appointee Representative Estes Park, CO 80517 c/o Dr. Bennett Penn Address to be provided 631 Meeker Drive by Town of Estes Park Moraine Route Estes Park, CO 80517 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) The Owner through the Estes Park Urban Renewal Authority will utilize Electrical Engineering Services of: Walter E. Steige P.E. Steige & Associates P. 0. Box 3666 1020 Prospect Park Estes Park, CO 80517 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) David Lingle AIA (Architect of Record) Bruce McMillan AIA, Architects, P.A. Aller-Lingle Architects P.C. 555 Poyntz Avenue, Suite 295 748 Whalers Way, E-200 Manhattan, KS 66502 Ft. Collins, CO 80525 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Peter Loris, Structural Engineer Thomas Orazem, Mechanical Engineer Loris & Associates, Inc. Orazem & Scalora Engineering 2735 Iris Ave., Suite B 2601 Anderson Ave., Suite 202 Boulder, CO 80304 Manhattan, KS 66502 1.1.4 Other important initial information is: See attached per Article 2.9 1.1.5 When the services under this Agreement include contract administration services, the Rng/*4 General Conditions of the Contract for Construction shall be the edition of AIA Document A201 94&1*00 current as of the date of this Agreement, or as follows: -O-003-0- ©1997 AIA® AIA DOCUMENT B141-1997 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner STANDARD FORM and Architect in determining the Architect's compensation. Both parties, however, recognize that AGREEMENT such information may change and, in that event, the Owner and the Architect shall negotiate The American Institute appropriate adjustments in schedule, compensation and Change in Services in accordance with of Architects Paragraph 1.3·3· 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.5. copyright laws and will subject the violator to legal prosecution. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. 1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 The Owner shall furnish alllegal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with ~~1 professional skill and care and the orderly progress of the Project. The Architect shall submit for RAW.Yj*3 the Owner's approval a schedule for the performance of the Architect's services which initially Stij#2 shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be -0 *02370- adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for ©1997 AIA® AIA DOCUMENT B141-1997 approval of submissions by authorities having jurisdiction over the Project. Time limits STANDARD FORM established by this schedule approved by the Owner shall not, except for reasonable cause, be AGREEMENT exceeded by the Architect or Owner. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. I f the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an ad justment in compensation pursuant to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and ~ Paragraph 1.5.5. 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule 0 and compensation: ©1997 AIA® .1 change in the instructions or approvals given by the Owner that necessitate revisions in AIA DOCUMENT B141-1997 STANDARD FORM Instruments of Service; AGREEMENT .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; The American Institute of Architects 1735 New York Avenue, N.W. i Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1 dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Paragraph 1.4.2. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants A.%.A shall have no responsibility for the discovery, presence, handling, removal or disposal of or 121'~lph exposure of persons to hazardous materials or toxic substances in any form at the Project site. o xa-G* b 03·cEo·40 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the 0 design of the Project among the Architect's promotional and professional materials. The Architect © 1997 A IA® AIA DOCUMENT B141-1997 shall be given reasonable access to the completed Project to make such representations. However, STANDARD FORM the Architect's materials shall not include the Owner's confidential or proprietary information if AGREEMENT the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for The American Institute of Architects the Architect in the Owner's promotional materials for the Project. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1.3.9 PAYMENTS TO THE ARCHITECT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; 4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Paragraph 1.5.5; .8 other similar direct Project-related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document 8141-1997. 0% 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA M \F-V 27 Document 8141-1997, or as follows: ,-> •.,•,0,0 - • r. ( List other documents, if any, delineating Architects scope of services.) Attached 1999 Schedule of Rates for Professional Services ©1997 AIA® Attached 1999 Compensation for Additional Services AIA DOCUMENT B141-1997 1.4.1.3 Other documents as follows: STANDARD FORM AGREEMENT (List other documents, if any, forming part of the Agreement,) Owner's Scope of Services attached for reference The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: As listed in Article 2.9 ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: Phase 3 for Construction Documents Services - the lump sum of $53,000.00 Bidding/Negotiation Services (Scheduled hourly rates not to 5,000.00 exceed $5,000.00). Contract Administrative Services. These services are incorporated into the contract at time of signing. Actual fees will be negotiated between the Owner and Architect based upon the scope of each phase and the implementation schedule agreed upon as addendums to this contract. See 2.9. Initial Sub-Total $58,000.00 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which partic- ular methods of compensation apply.) Basis of compensation shall be hourly at the rates shown attached. 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one.one ( 1.1 ) times the amounts billed to the Architect for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1,3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one.one ( 1.1 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. 1.5.5 Other Reimbursable Expenses, i f any, are as follows: As stated in 1.3.9.2 n· ••, •·, . · €·~ ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. 1-11 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. 1.5.7 An initial payment of No Dollars ($ -0- ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid thirty-one ( 31 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Prevailing interest rate at Fort Collins, CO (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 1.5.9 If the services covered by this Agreement have not been completed within twenty-four ( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Paragraph 1.5.2. This Agreement entered into as of the day and year first written above. ARM*»4 j OWNER (Signature) ARCHITECT (Sig/zati~D Town of Estes Park Aller-Lingle Architects P.C. (Printed name and title) (Printed name and title) (Architect of Record) Brlfce McRII'~R fdA, Archil,6td, P.A. CAUTION·.You should sign an original AIA document or a licensed r4rgduction. Originals contain the AIA logo printed in red; licensed reproductions are those produced in accordanie with the Instructions to this document. 00 ©1997 AIA® AIA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 WARNING: Unlicensed photocopying violates U.5. copyright laws and will subject the violator to legal prosecution. RESOLUTION TO APPROPRIATE SUMS OF MONEY 3-00 A RESOLUTION TO REAPPROPRIATE THE TOWN OF ESTES PARK'S 1999 ENCUMBERED FUNDS TO THE 2000 BUDGET. WHEREAS, the Town of Estes Park's accounting system incorporates a purchase order system which encumbers the budget when commitments are made; and WHEREAS, encumbrances that were not liquidated in calendar year 1999 are reserved from the Ending Fund Balances; and WHEREAS, the Town of Estes Park intends to carry forward to 2000 the encumbered budget authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. The following 2000 budgets be amended to carry forward the 1999 encumbered funds. Original Revised Fund Encumbrance Budget Budget General 2,160,426 10,022,071 12,182,497 Museum 7,883 233,490 241,373 Conference Ctr. 7,012 545,855 552,867 Conservation Trust 27,611 20,000 47,611 Special Events 5,796 681,297 687,093 Senior Ctr Fund 249 155,586 155,835 Light & Power 245,741 11,728,744 11,974,485 Water Fund 89,175 3,160,653 3,249,828 Fleet Maintenance 12 231,675 231,687 2. The reservation of the 1999 Ending Fund Balances is the funding source for the budget amendments. ADOPTED This 25th day of January, 2000. Mayor ATTEST: Town Clerk