HomeMy WebLinkAboutPACKET Town Board 2005-09-13Ft LE 7. 1 Prepared 09/07/05 ./17 f:k· i.i.,tr-,· <U· W<?:':.12\'9:' TOWN OF ESTES PARK -: .%45. 371.30/ 14:;-"~.-: * .V- -~:y:< r;h~lr.,X,·.. .-'.f.. ·7 , 461493(&;it.4: Jlti...19 .~- - ..tu --' 9:f-·J ~i .4 4.9.3,-2- 27.-:C'. 42 f - - I:..,- ...7,2,=.W „>-1 i. . . .....1.,k-h'..6, -- The Mission of the Town of Estes Park le to plan and provide reliable, high-value eervices for our citizens, visitors, and employees. We take dreat pride eneurind and enhancinG the oduality of life in our community by bein0 good etewards of public reeources and natural eettind. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 13,2005 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated August 23,2005. 2. Bills. 3. Committee Minutes: A. Public Safety, August 25,2005. B. Community Development, September 1,2005: Special Events: 1. Resolution #20-05 - Surprise Sale Days, October 8 & 9, 2005. 2. Elk Fest - Closer of MacGregor Ave. from Elkhorn Ave. to Park Ln., Oct. 1 & 2,2005. 3. 2005-2006 Rooftop Rodeo Committee Appointments. Senior Center: 1. Catering for All Occasions - 2006 Food Contract. C. Public Works, September 8,2005. 1. Park Shop Relocation, Dallman Construction $250,000. 2. Park Shop Paving Phase I & Perimeter Fence $27,000. Continued on reverse side
..t, .., .' -1 I . ¥ 1 lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. ACTION ITEMS: Mayor Baudek: Open the Public Hearing (A). The formal public hearing will be conducted as follows: A. Mayor - Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. A. FINAL PLAT: 1. The Neighborhood Subdivision, Metes and Bounds, Pawnee Meadows, LLC/Applicant. B. PROFESSIONAL SERVICES AGREEMENT: 1. Agreement for Professional Services between the Town of Estes Park and the Estes Park Housing Authority, The Neighborhood Subdivision, Metes & Bounds, Pawnee Meadows, LLC/Applicant. 2. ACTION ITEMS: 1. ECONOMIC ADVISORY COUNCIL APPOINTMENTS. CVB Dir. Pickering. 2. ADJOURN. NOTE: The Town Board reserves the right'to consider other appropriate items not available at the time the agenda was prepared. 2
t Town of Estes Park, Larimer County, Colorado, August 23,2005 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall said Town of Estes Park on the 23rd day of August, 2005. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Richard Homeier Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Also Present: Randy Repola, Town Administrator Jackie Williamson, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT Al Sager, 911 S. St. Vrain, stated he appreciated and admired the Town for putting forth the Home Rule question to the citizens. He suggested the Board should take notice of situations in which changing to a Home Rule community might benefit the town in the future and make them known to the citizenry. Paul Fishman, 14er's Caf6, suggested town employees should perform studies such as the recent parking study or the economic study rather than outside consultants. Trustee Pinkham stated the Parking Transportation Committee reviewed many options before hiring a consultant to perform the necessary study and analysis. The Economic Development Committee has taken a broad look at other mountain communities and how the Town competes and future strategic issues. The town lacks the expertise to perform this study and analyze the data. RRC has been hired to collect the data, research the issues, perform the analysis and hold 2 public hearings. The Committee reviewed and analyzed current data for a year prior to hiring a consultant. Trustee Doylen agrees that certain projects require the use of consultants that have the tools to perform the study. Mayor Baudek stated each study should be evaluated individual to determine whether or not it should be done at all. John Tucker, Sunnyside Knoll Resort, requested information on how sales tax data is derived and whether or not the positive outlook on sales tax for 2005 reported in the Trail Gazette is accurate. As a lodge owner, he would like to know how he could become involved to move the economy of Estes Park in a positive direction. He stated experts in their field should be hired and the town staff should focus on what they are good at TOWN BOARD COMMENTS. Trustee Jeffrey-Clark invited everyone to the 1St annual Heritage Festival to be held Saturday, August 27th. Events will be held throughout town including Bond Park, Performance Park, Park Theatre, Tregent Park, and the Knoll-Willow.
i 1 Board of Trustees - August 23,2005 - Page 2 Mayor Baudek stated forms are available in Administration for Community Service funding. These forms are due back by September 16th in order to be considered during the 2006 Budget session. Mayor Baudek reviewed the Estes Park Housing Authority's (EPHA) requirements for non-citizens living in affordable housing. EPHA requires that non-citizens have documentation that must be presented in its original state for copying by staff. This includes Permanent Resident Card issued by the INS and Social Security card. All who apply for housing in any of the EPHA complexes must first be income qualified, must have adequate income to pay the rent, EPHA obtains 3rd party employment and income verification, run credit and criminal background checks, and EPHA will not rent to anyone that does not have a job for the next 12 months or a verifiable income source (Disability, SS, Pension). SPECIAL HOME RULE ELECTION - FINANCIAL REPORT Town Clerk Williamson reviewed the expense report for the Special Home Rule Election that took place on August 2, 2005. Total expenditures for the election were $2,667,77. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated August 9,2005. 2. Bills. 3. Committee Minutes: A. Public Works, August 11,2005: 1. Estes Valley Community Services Coalition - Common Good Committee - Event Approval - SEE ACTION ITEM #1 BELOW. ' 2. Fish Creek Trail Phase 111, Design/Construction Management, Van Hom Engineering, $39,699. 3. Sewer Utility Easement, Lot 3, S. St. Vrain Addition, Byford D. & Rachel Jarvis - Easement Grant. B. Utilities, August 18, 2005: 1. Christmas Display Contract - Estes Valley Home and Garden Center, $49,400/$51,400 for 2005/2006 and $15,000/yr. for supplies for 2005/2006 (Budgeted Item). 4. Estes Valley Board of Adjustment, August 2 & August 9, 2005 (acknowledgment only). 5. Estes Valley Planning Commission, August 16, 2005 (acknowledgment only). It was moved and seconded (Doylen/Levine) the Consent Agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for all the following Consent Agenda Items: 1. CONSENT ITEMS: A. AMENDED PLAT. 1. Lot 2 of the Amended Plat of Lot 2, Deer Crest Subdivision, and Tract 59A, Fall River Addition, Bruce Ballard/Applicant. B. DEVELOPMENT PLAN/DEVELOPMENT AGREEMENT.
Board of Trustees - August 23,2005 - Page 3 1. Revised Development Plan 02-17 & 3rd Amendment to the Development Agreement: Vista Ridge Condominiums, Lot 3, Vista Ridge Subdivision, Estes Investors, LLC/Applicant. Trustee Doylen and Pinkham recused themselves from item 1.B.1. As there was no public testimony, Mayor Baudek closed the public hearing, and it was moved and seconded (Levine/Doylen) Consent Items 1.A.1 be approved, and it passed unanimously. It was moved and seconded (Newsom/Homeier) Consent Items 1.B.1 be approved, and it passed with Trustees Doylen and Pinkham abstaining. 2. ACTION ITEMS: 1 ESTES VALLEY COMMUNITY SERVICES COALITION - COMMON GOOD COMMITTEE - REQUEST EVENT APPROVAL. Town Administrator Repola advised the Board that the Common Good Committee is seeking support for project CARES (Caring, Acceptance, Respect, Encouragement and Support). The Committee proposes holding a community wide event in Bond Park on September 21St from 4.00 p.m. to 6:00 p.m. A variety of colored ribbons with messages to honor the diversity in our community would be placed in the trees on the northeast side of the park and remain for a month. The Common Good Committee would be responsible for the maintenance of the ribbons and their timely removal. Dr. Earl Matson stated the Common Good Committee was formed to address the contentious atmosphere currently present within the community and the country, and to encourage our community to care about the community, appreciate our differences, encourage the space for those differences to co-exist, to show respect through your words and actions, and build a respectful, safe and civic- minded community. Trustee Doylen suggested the Committee retain a history of the ribbon messages for future reflection. Trustee Homeier recommended that a member of the Committee be available to make an announcement and answer questions during the Autumn Gold weekend. Mayor Baudek stated this a concern for not only Estes Park but for our nation as well. It was moved and seconded (Doylen/Pinkham) to approve the use of Bond Park for project CARES as outlined above including the ribbon tree in the northwest corner of Bond Park, and it passed unanimously. 2. FINANCIAL REPORTS - GENERAL FUND. Finance Officer McFarland advised that key indicators have been identified to aid in the future projections of sales tax numbers within 10 to 15 days of the end of the month, rather than the current 45 days before the numbers are available. The leading indicator is traffic counts with a .85 correlation between sales tax revenues and traffic counts. The cumulative sales tax revenue for 2005 is following the average for 2002-2004, for a year-end total of $6.265M. The current budget is $6.6M; therefore the Town is looking for cost savings in the 2005 budget revision process to meet expenditures versus sales tax. Income and expense statement analyses were reviewed and both are tracking with this year's budget projections. Enterprise fund charts were reviewed and show the increase in electric rates that took effect on January 1 st have had a positive effect on the budget. Budget revenues will exceed the budget forecast by September if the current trend continues. Trustees comments/questions were heard and summarized as follows: questioned how the lose of 2 large sales tax generators effect the current year's sales tax numbers; RMNP visitation numbers have been up for the year;
Board of Trustees - August 23,2005 - Page 4 an additional electric rate increase should be considered carefully for next year if the budget is going to exceed the current budget forecast; the electric rate increase will grow the capital reinvestment fund for future projects. Staff stated it is difficult to know how much of the 1.4% decrease in sales tax can be attributed to the loss of the car dealership and one large accommodation property. The 2006 increase in electric rates may be smaller than initially proposed. John Tucker, Sunnyside Knoll Resort, stated he is concerned the sales tax numbers are flat. He suggested the town poll the business owners to gain useful information to aid in the prediction of sales tax number. Trustee Doylen agrees it would be a helpful tool if a cross section of business owner were willing to share their financial information with the Town. The Board encouraged Mr. Tucker to become involved in the Economic Development Advisory Council and the Business Roundtable that addresses these issues. 3. RESOLUTION 19-05 - SUPPORT OF REFERENDA C & D. Town Administrator Repola informed the Board that the Colorado Association of Ski Towns (CAST) has endorsed Referenda C & D. John Ericson, 413 Pawnee Lane, reiterated his earlier comments from his presentation to the Board on August gth. He stated the Colorado Economic Recovery Act was signed this spring as a bipartisan act. The Act is a five-year "timeout" from TABOR rebates that allows the state to earmark money for education, health care, transportation and retirement plans for fire and police without raising taxes. Referenda C&Ddo not change TABOR; however, it will keep Colorado competitive with other states in seeking new jobs and investments from new and existing companies that demand good roads and schools. Without it the state risks that these companies may by-pass Colorado for other favorable states. If C passes there is a good chance the State Advertising Board may be funded. If the resolution is passed, he requested a member of the Board present it to our state representatives at the August 30th Town meeting. Following discussion, it was moved and seconded (Doylen/Newsom) to approve Resolution 19-05 in support of Referenda C & D, and it passed unanimously. Mr. Ericson stated supporting material would be available at the August 30th meeting as well as online at www.votevesonc-d.com. 4. "FIRST DAY" SCULPTURE FOR STANLEY FAIRGROUNDS. Town Administrator Repola advised the Stanley Fairgrounds revitalization plan includes a plaza area complete with a pedestal for a sculpture. This past winter, Frances Matthews of Denver contacted the Town and expressed a desire to contribute a sculpture in memory of her sister, Lois Lee Matthews, who died in the Big Thompson flood in 1976 at the age of 19. Ms. Matthews has selected a piece titled "First Day" by local artist Carol Cunningham at a cost of $48,500. Ms. Matthews has donated $20,000 towards the sculpture plus the cost of the base and lighting. The additional $25,000 is budgeted in the Community Reinvestment Fund for the Fairground revitalization. Don Cunningham stated the bronze is a life-size sculpture of a mare and her foal and would be #3 of an edition of 5. No other pieces of this edition will be sold in the counties of Larimer, Boulder, Weld, or Jackson in the State of Colorado. Delivery of the completed sculpture would be approximately the end of May 2006. Trustee Doylen asked if smaller versions of the piece would be available for purchase by the general public to offset the cost of the piece. Mr. Cunningham will discuss the potential for smaller versions for sale with the artist.
1 , Board of Trustees - August 23,2005 - Page 5 It was moved and seconded (Newsom/Levine) to approve the purchase of the "First Day" sculpture to be placed at the Stanley Fairgrounds with budgeted funds of $25,000 from the Community Reinvestment Fund, and it passed unanimously. 5. TOWN ADMINISTRATOR'S REPORT. a. Heritage Festival Insurance - The Insurance Associates of Estes quote received by the Committee is the best policy for the event at a cost of just over $1,000. The Board approved $1,000 for the event at the August 9th meeting; therefore, the Committee will pay any additional costs. 6. REQUEST TO ENTER EXECUTIVE SESSION: Conference with Town Attorney White for the purpose of receiving legal advice on specific legal questions under Section 24-6-402(4)(f), C.R.S. Motion: It was moved and seconded (Doylen/Pinkham) the Town Board go into Executive Session for a conference with Town Attorney White for the purpose of receiving legal advice on a personnel matter under C.R.S. Section 24-6-402(4)(f) and it passed unanimously. Mayor Baudek declared a 5-minute recess at 8:26 p.m., and adjourned the meeting to Executive Session. Mayor Baudek reconvened the meeting to Open Session at 9:04 p.m. TOWN ADMINISTRATOR POSITION. It was moved and seconded (Doylen/Newsom) the Town enter into a 3-year contract as outlined in the employment agreement with Randy Repola as Town Administrator. The motion passed with Trustee Jeffrey-Clark voting "No". Whereupon Mayor Baudek adjourned the meeting at 9:06 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, August 25,2005 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 25th day of August, 2005. Committee: Chairman Newsom, Trustees Doylen and Homeier Attending: All Also Attending: Town Administrator Repola, Clerk Williamson Absent None Chairman Newsom called the meeting to order at 8:00 a.m. POLICE DEPARTMENT. MacGregor/Elkhorn Avenue Pedestrian Crosswalk - Request Approval to Remove Mid-Block Crosswalk. Chief Richardson provided background information regarding the number of accidents that have occurred on Elkhorn Avenue from 1999 to 2004; and of the 252 accidents 3 have been pedestrian/automobile accidents (2 at MacGregor/Elkhorn Avenue and 1 at Riverside/Elkhorn Avenue). Over the past 4 years the crosswalk at MacGregor has utilized different warning mechanisms; mobile caution sign in the middle of the street, flag system with mobile caution sign, and flashing pedestrian caution signs on either side of Elkhorn. Staff assessed the MacGregor crosswalk after a recent accident on August 1St and discovered a blind spot exists for traveling motorists in both the eastbound and westbound far right lanes of traffic; therefore, crossing pedestrians are not seen by motorists. Staff recommends the removal of the crosswalk as a safety measure for pedestrians and installing guardrail barriers to reduce illegal pedestrian crossings. Trustee Doylen stated the flashing crosswalk signs give pedestrians a false sense of security. Trustee Levine pointed out that pedestrians would continue to use the crosswalk area even after it has been removed. Commander Kufeld has been in contact with CDOT to discuss other options; however CDOT would like to see the mid-block crosswalk removed. It is CDOT's opinion that the mid-block crosswalk at Barlow Plaza and the crosswalk at Riverside/Elkhorn Avenue are sufficient. Concluding all discussion, the Committee recommended the item be tabled in order to obtain further research on all crosswalks in town including Hwy 7. Reports: Municipal Noise Ordinance Revisions. In April of 2004, The Town of Estes Park revised the noise ordinances governing acceptable noise levels and established time limits from 7:00 a.m. to 8:00 p.m. and 8:00 p.m. to 7:00 a.m. A review of the Colorado Revised Statutes revealed times for allowable maximum noise levels are from 7:00 a.m. to 7:00 p.m. and 7:00 p.m. to 7:00 a.m. Due to the recent complaints at Performance Park a noise study was conducted by the Police Department to determine if the noise ordinance should be revised. This study determined the ambient noise in the park was consistently above the maximum noise level of 55 dB. The median sound level during events was 11 dB above the established limits. Administrator Repola stated since the Police Department has been monitoring the sound levels at the park, there have not been any additional complaints. Performance Park is the only location in town that citizens have complained about noise levels. Staff will continue to monitor the site. Chief Richardson commended Sergeant Rose and the CSOs for their work on the study.
RECORD OF PROCEEDINGS Public Safety Committee - August 25,2005 - Page 2 Victim Advocates 6 Month Review Report. Exe. Dir. Mary Mesropian presented the 6 Month Report for 2005: Program Overview. Provide advocacy to victims of domestic violence, sexual assault, stalking, other crimes and trauma. Advocates are available 24/7. Advocates support victim through crisis, medical exams, law enforcement interviews and the court process. They also provide information on victim's rights, cycle of violence, victim's compensation, and the legal process. • Russian Christian Radio donated space to the program in their facility off of Acacia, which is easily accessible and confidential. Victim Advocates are responsible for the operation cost, i.e. utilities, insurance etc. Objective. Advocates provide services at the time of the incident assessing safety, options, and stability. Victims are offered individual counseling and support groups. EWA collaborates with Crossroads Safehouse, Alternatives to Violence, Larimer Center for Mental Health and Sexual Assault Victim Advocates. Innovative Actions. • "Nice Girls Inc." is a 50 grade girls group that focuses on bulling. Estes Park Middle School has requested a similar class for its 7~h grade girls group. • "Second Stage" writing group will begin in August for victims who have progressed to a certain point in their healing process. This process of writing has been a powerful tool for the participants. • Collaborated with Restorative Justice to provide empathy classes. Issues. Offering services to the Spanish community has been difficult because they tend to reach out to each other as a support group. Services to this community will continue without maintaining a staff member fluent in the Spanish language. A MOU with Estes Valley Multicultural Connections has been created to assist with translation when needed. Victims Advocates is also seeking Spanish-speaking advocates. Future Objective. • Advocates will continue to be available 24/7. • Individual counseling and support groups. • Educate community and school students. International Association of Chiefs of Police 2005 Award: Estes Park Police Department is the 2005 recipient of the Community Policing Excellence Award for issues dealing with the Riverwalk Plaza in 2001 - 2002. FIRE DEPARTMENT. Reports: Fire Danger Report. Larimer County lifted the fire ban a week ago due to the moisture received recently. Dive Rescue Truck. The truck is in route to Denver to install radio equipment and will be delivered to Estes Park next week. Fire Safety Trailer. Fire Department applied for a fire safety grant to purchase the trailer. The trailer was ordered a year ago June and the department hopes to have it available for"Fire Prevention" Week in October. National Fire Academy, Emmitsburg, MD. Chief Dorman will attend the academy in September. The academy will focus on the command and control of target hazards that have a large loss of life and property, i.e. bulk plants, hotels/motels, and hospitals. Rocky Mountain National Park Fire Station: The Park is evaluating 4 locations:
RECORD OF PROCEEDINGS Public Safety Committee - August 25,2005 - Page 3 Mary's Lake Road/Moraine, Hwy 36 just west of the All Budget Hotel, and 2 locations on Mills Drive within the utility area. The Park has money to build a 3 bay fire station to house its wildfire equipment and one structural fire engine. A public meeting will be held on Sept. 8th from 6:30 p.m. to 8:00 p.m. with location to be announced. There being no further business, Chairman Newsom adjourned the meeting at 8:52 a.m. Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 1, 2005 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 1St day of September, 2005. Committee: Chairman Doylen, Trustees Levine and Pinkham Attending: All Also Attending: Town Administrator Repola, Directors Pickering, Kilsdonk and Mitchell, Manager Hinze and Clerk Williamson Absent None Chairman Doylen called the meeting to order at 8:00 a.m. COMMUNITY PRESENTATION / REQUEST FOR SUPPORT Car-less Vacations. Dave and Phoebe Novic of the Warming Hut presented a new concept in American vacationing known as long distance hiking or end-to-end hiking. Hikers would start and end each day at a lodging facility, eliminating the need to carry a heavy backpack. The 4-day hike encompasses 42 miles that skirts along the end of the valley starting in Estes Park and ending in Allenspark. The trail gives the hiker a glimpse of the valley and the park; therefore, encouraging them to return and explore more of Estes Park. This concept also encourages the vacationer to spend their entire vacation in Estes Park. In order to succeed, the concept requires partnership with the Town and other entities within the community. This trail would place Estes Park at the forefront of long distance hiking in the United States, bring attention to all that Estes Park has to offer the outdoor enthusiast, such as our world class hiking, biking, climbing, etc., and become a role model for other communities by showcasing how a community can work together. The Town could aid in providing safe parking within outlying areas, signage for the trail within the downtown corridor, and advertising. The Novics suggested producing a video to show case the hike to be broadcasted on local channels, travel channels and streamed on the website. Discussion concerning: the need for guides and if guides would be provided; hikers walking past private property and historic sites; partnering with a local shuttle company to get hiker to and from Estes Park; customizing the trip to accommodate different family or group needs; the use of the word hiking versus walking and its appeal to a greater demographic: Novics managing and producing a booklet out of their office at the Warming Hut; parking needs and the potential of using the fairgrounds; marketing the shoulder seasons to increase tourism on off-peak months. The Committee agreed with the concept and directed staff to work with the Novics to identify parking and the potential for providing advertising. Dir. Pickering suggested coordinating with the Town's communication department to investigate free press options. Staff will report progress at the October 6th meeting. CONVENTION & VISITORS BUREAU Special Events 2005-2006 Rooftop Rodeo Committee Appointments. The Membership Roster is proposing 31 members; Jeff Barker as President, Brian Kemper as Vice President,
RECORD OF PROCEEDINGS Community Development - September 1,2005 - Page 2 and Karen Steadman as Secretary. The Committee recommends approval of the 2005-2006 Roster as presented. Elk Fest - Street Closure Request. Mgr. Hinze presented a street closure request from the Elk Fest Committee. The closure will be effective from October 1St through the evening of October 2nd and include MacGregor Ave. between Elkhorn Ave. and Park Lane. The Committee recommends approval of the street closure as presented. Sidewalk Sale Resolution. Mgr. Hinze requests approval of the resolution for the "Surprise Sale Days" to be held on October 8th and 9th. It allows merchants to sell items outside their stores. John Ericson, owner of Serendipity, stated compliance should be maintain with regard to the 4' clearance for pedestrian ways and handicapped accessibility. Mgr. Hinze will clarify the need for safety and mobility in the letters sent to the merchants. The Police Dept. will also be notified to check for compliance during the event. The Committee recommends approval of the Resolution. Reports. Reports provided for informational purposes and made a part of the proceedings. • Communications • Group Sales - No report • Special Events • Business Development Administrator Repola praised a recent article about Estes Park in the Oklahoma Magazine. He stated the Hunter Jumper show had a good turn out this year and will likely continue to grow as the facilities at the Stanley Fairgrounds improve. MUSEUM Senior Center Meal Contract. The one-year Food Contract with Catering for All Occasions (CAO) expires 12/31/05. Under the new one-year contract, the Town would continue paying a $2/meal subsidy to CAO not to exceed $25,000 and there would be no change in the level of Town support for each Meals on Wheels client. Dir. Mitchell advised a meals satisfaction surveys was conducted and the meals received a 99% satisfaction rating. The Committee recommends approval of the Food Contract as presented. A sub-committee from Senior Center Inc. will be formed to assess the current program and services and report back to the Committee this Winter/Spring. Reports. Reports provided for informational purposes and made a part of the proceedings. • Museum Bi-Monthly • Senior Center Bi-Monthly COMMUNITY DEVELOPMENT. Reports. Reports provided for informational purposes and made a part of the proceedings. • Dept. Revenues and Expenditures. MISCELLANEOUS Dir. Pickering stated this weekend, Sept. 2nd - 5th, is the Thunder in the Rockies event. Estes Park is one of the scheduled motorcycle rides. This is the CVB's first attempt at participating in a regional event with the Ranch.
RECORD OF PROCEEDINGS Community Development - September 1, 2005 - Page 3 Administrator Repola advised the Visitor Center paving will be delayed until spring to allow a one time mobilization of the paving equipment and to allow for the relocation of the park shop prior to paving. The parking lot will be graded and road base in place by February. The building is on schedule to be completed in January 2006. There being no further business, Chairman Doylen adjourned the meeting at 9:27 a.m. Jackie Williamson, Town Clerk
RESOLUTION NO. 20-05 WHEREAS, on July 23, 1991, the Board of Trustees adopted Ordinance 15-91 pertaining to "containment" within the C-D District, and subsequent adoption of the Estes Valley Development Code (Chapter 4, Zoning Districts, specifically paragraph a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District, Number (3) Exceptions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following guidelines shall be adopted for the "Surprise Sale Days" being sponsored by the Special Events Department that is scheduled October 8 and 9,2005: 1. Hours of operation shall be from 9:00 a.m. - 6:00 p.m. 2. The Sale Weekend is available to all Estes Park businesses. 3. The Sale Weekend will be held rain or shine. 4. Businesses will be allowed to sell merchandise in front of their store only during the hours specified above. 5. Each business will be allowed one (1) outside selling space. 6. Sidewalk displays shall provide a minimum clearance of 4' for pedestrian ways and handicapped accessibility. Displays and/or merchandise will not be allowed in any street. 7. Those merchants without sidewalk frontage may reserve a space in Bond Park by contacting Linda Hinze at 586-6104. 8. Advertising posters will be provided. 9. All participating businesses must possess a current Town Business License. BE IT FURTHER RESOLVED, that every business is urged to participate in this Surprise Sale Days annual event. DATED this day of ,2005. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 8,2005 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 8th day of September, 2005. Committee: Chairman Levine, Trustees Homeier and Jeffrey-Clark Attending: Chairman Levine and Trustee Jeffrey-Clark Also Attending: Town Administrator Repola, Clerk Williamson, Public Works Director Linnane, and Facilities Mgr. Sievers Absent Trustee Homeier Chairman Levine called the meeting to order at 8:00 a.m. PARK SHOP RELOCATION - REQUEST FOR APPROVAL. Dallman Construction and Basis Architecture submitted a cost estimate and quote for $250,000 to demo and rebuild the park shop east of the CVB parking lot and west of the Estes Park Sanitation District (EPSD) building next to the existing greenhouse. The tentative schedule is to begin construction of the new metal building (tan with a forest green roof) this fall and allow the parks employees to remain in the old building during construction. Upon completion of the new building, the old shop would be raised to allow the parking area to be graded and paved. The tentative completion date for the entire project is April/May 2006. The bid does not include the asphalt driveway adjacent to the new shop or the relocation of the existing fence. The EPSD has granted the Town an access easement and requests the shared access be paved prior to construction this fall. Trustee Jeffrey-Clark questioned the size of the new park shop and if it would be large enough to house employees and the equipment. Mgr. Sievers stated the proposed building is Phase I and has been designed for future expansion if and when the need arises. Following additional discussion, the Committee recommends approval of the bid from Dallman Construction and Basis Architecture to build a metal park shop building at a cost up to $250,000 including approximately $6,000 in contingency from the Community Reinvestment Fund. ESTES PARK SANITATION DISTRICT (EPSD)/NEW PARK SHOP SHARED DRIVEWAY - REQUEST APPROVAL TO SOLICT BIDS. Dir. Linnane stated the EPSD granted the Town an access easement across their property creating a shared driveway. EPSD has requested this access be paved to eliminate dust created by the increased traffic. Mgr. Sievers clarified the EPSD plant control building directly west of the shared driveway houses the department's electronic equipment that is highly sensitive. Staff estimates paving this portion (Phase I) of the driveway this fall at a cost of approximately $20,000. Phase 11 of the paving will be completed in the spring of 2006 in conjunction with the CVB parking lot paving. In addition, the current EPSD fence runs along the north edge of the proposed park shop building. In order to secure the site properly prior to construction, staff requests the relocation of the existing fence along the southern perimeter of the property at a cost of approximately $7,000. Concluding discussion, the Committee recommends approval of paving Phase I and the relocation of the fence this fall as outlined above at a cost up to $27,000 from the STIP fund.
RECORD OF PROCEEDINGS Public Works Committee - September 8,2005 - Page 2 REPORTS. 1. Street Sian Proiect. Installation of the first phase of signs will begin the first week in October and installed by temporary in-house personnel with the tentative completion being the end of October. This phase, of tentatively two phases, includes approximately 60 double-sided signs installed at local street intersections along Highway 7,34, and 36. 2. There being no further business, Chairman Levine adjourned the meeting at 8:40 a.m. Jackie Williamson Town Clerk
Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Alison Chilcott, Planner 11, and Bob Joseph, Director Date: September 9,2005 Subject: The Neighborhood Final Subdivision Plat, Metes and Bounds, Pawnee Meadows, LLC/Applicant Agreement for Professional Services between the Town of Estes Park and the Estes Park Housing Authority, The Neighborhood Subdivision, Metes & Bounds, Pawnee Meadows, LLC/Applicant Background. Subdivision Plat Pawnee Meadows, LLC has submitted a final subdivision plat application to divide a 9.946- acre parcel into thirty-two lots. Town Board approved the annexation petition, preliminary plat, rezoning request, and development agreement for this property on June 28,2005. The proposed subdivision will include: a. Thirty single-family residential lots on 5.734 acres zoned "R-1" Residential. Fifteen lots will be deed restricted for thirty years and sold to households earning one-hundred percent or less of the median income. Pawnee Meadows, LLC's intent is to sell | 1 g 1 92 the remaining fifteen lots to households earning 120 percent or less of the median income; however, deed I T- Good Samaritan # i restriction of these lots is not proposed. >-1 eXOL-.\.~r-/,/55:z~ f nT----<rkil:Irdr Undevklop"---fil:~ b. Two commercial lots, zoned "O" Office, ~~ANhori•dTaGR~oi*~. totaling 1.849 acres, are intended for »ed=rail-U~2lt development of a community services 10 SITE i building by a newly formed nonprofit, the 13 1 "RE" .E" "co• ~ Vista J; f MacGregor ' Irt - J % Ridge 43 1 Ranch Mi J <(7 1 lilli 'r--9 E-- Page 1 of 2
Estes Valley Non Profit Resource Center, Inc., and development of a building for the Salud Family Health Center. c. Approximately 2.3 acres of right-of-way will be dedicated and a new road constructed to serve the subdivision. The road is proposed to connect to Red Tail Hawk Drive to the north and Crabapple Lane to the south. Agreement for Professional Services The attached attainable housing deed restriction has been reviewed and approved by staff. This agreement deed restricts fifteen residential lots for a thirty-year period and designates the Town as the party that will income qualify potential buyers of these lots. Staff is recommending that the Town contract with the Estes Park Housing Authority to provide these services by entering into an Agreement for Professional Services, a draft of which is attached for Town Board review. Budget. Town funds will not be required to income qualify potential buyers of deed restricted lots. The deed restriction requires that one-half of one percent of the sale price of deed-restricted lots be paid to the Town to cover the income-qualification expenses. The Agreement for Professional Services includes provisions to transfer these funds to the Estes Park Housing Authority for their services. At the April 12, 2005 meeting, Town Board waived application fees for the annexation, rezoning, development agreement, preliminary plat, and final plat applications. Fees were also waived for the future submittal of a development plan for the proposed "0" Office lots. These fees totaled approximately $10,500. At the same meeting, Town Board also waived building permit application fees for the fifteen proposed, deed-restricted, "R-1" Residential lots. These fees totaled approximately $30,000 to $35,000. Staff anticipates submittal of a building permit fee waiver request for buildings on the proposed "0" Office lots also. Action. 1. Final Subdivision Plat Approval of the plat conditioned on compliance with the preliminary plat conditions of approval, compliance with the comments in Greg White's August 22,2005 memo, the slope easement shall be shown accurately, street naming shall be revised and approved by staff, an attainable housing agreement shall be reviewed and approved by staff and shall be recorded to ensure that the first sale of fifteen residential lots are to eligible buyers, an improvement agreement and security for subdivision improvements shall include remediation of soil and water contamination. Staff may withhold building permits until a state-approved corrective action plan for remediation is submitted to staff. 2. Agreement for Professional Services Approval of the Agreement for Professional Services. Page 2 of 2
.Â¥ ATTAINABLE HOUSING RESTRICTIVE COVENANT AND AGREEMENT Lot , Block , The Neighborhood Date day of ,20 This Attainable Housing Restrictive Covenant and Agreement (the "Covenant") is entered into between the Town of Estes Park, Colorado ("Town") a Colorado Municipal corporation, with an address of Post Office Box 1200 Estes Park, Colorado 80517 and and (the "Owner") (the "Owner") This Covenant applies to the real property and the building constructed on the property (the "Home"), described as: Lot , Block , The Neighborhood Subdivision, Town of Estes Park, County of Larimer, State of Colorado as recorded at Reception No. in the records of the Clerk and Recorder, Larimer County, Colorado WHEREAS, Pawnee Meadows, LLC, a Colorado Limited Liability Company, (the "Developer"), in cooperation with the Town will be constructing or has constructed homes in a new subdivision named The Neighborhood, according to the final subdivision plat recorded in the Larimer County, Colorado real estate records (the "Development"); WHEREAS, as a condition of the Town approving the Development under its attainable housing zoning ordinance, the Town has required a certain number of the homes within the Development be maintained as attainable housing; WHEREAS, this Covenant is designed to satisfy the conditions of the Town by requiring that the Home be maintained for a term of thirty years as attainable housing; WHEREAS, this Covenant shall apply to and be enforceable against all current and future owners of the Home, and shall restrict the sale, resale, rental, mortgaging and use of the Home for a term of thirty years; WHEREAS the Owner recognizes the special nature of the terms and conditions of this Covenant and, with the independent and informed advice of legal counsel, freely accepts the terms and conditions of this Covenant; and THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Page 1 of 6 8/29/2005
1 DEFINITIONS The following terms shall have the following meanings for purposes of this Covenant: 1.1 "Area Median Income" or "AMI" means the current Area Median Income for single persons and households of various sizes established by the United States Department of Housing and Urban Development (HUD) or by any successor United States Government department, agency, or instrumentality, for the statistical area which includes Estes Park, Colorado. 1.2 "Town" has the meaning set forth in the above recitals. 1.3 "Covenant" has the meaning set forth in the above recitals. 1.4 "Developer" has the meaning set forth in the above recitals. 1.5 "Development" has the meaning set forth in the above recitals. 1.6 "Eligible Buyer" means a natural person who is eligible to by the Home in accordance with the qualifications, standards and procedures contained herein and as further defined in Section 2.1 of this Covenant. 1.7 "First Mongage" means a recorded mortgage which is senior to any other mortgages or liens against the Home (other than the lien for real estate taxes and homeowner association assessments, if any), and which is used to secure a loan from an Institutional Lender to an Eligible Buyer to purchase a Home. 1.8 "Home" means the real property subject to the terms and conditions of this Attainable Housing Restrictive Covenant and Agreement more particularly described above. 1.9 "Income" is defined as per Section 8 of the U.S. Housing Act of 1937 and shall mean the anticipated total income for the next twelve month period to be received from all sources by each member of the household including spouse, and children 18 years of age and older, excluding, however, temporary or non-recurring income (including gifts), income from the employment of children under the age of 18 years, payments for the care of foster children or foster adults, and amounts received specifically for the reimbursement of medical expenses for a member of the household. 1.10 "Institutional Lender" means any bank, savings and loan association, or any other lender that is licensed to engage in the business of providing purchase money or mortgage financing on residential real property. 1.11 "Owner" has the same meaning set forth in the above recitals and also means the record title owner of a Home. 1.12 "Primary Residence" means the residence a person occupies for a minimum of eight (8) full months out of any twelve (12) month period. 1.13 "Purchase Price" means any and all consideration paid for the purchase of a Home, either at or outside of closing, but not including prorated amounts such as taxes and utilities, costs and expenses of obtaining financing, the fair market value of furnishings or personal property, lender's fees, title insurance fees, closing costs, inspection fees, or other normal and customar'y financing and closing costs. Page 2 of 6 8/29/2005
1.14 "Transfer» means any sale, assignment or transfer, voluntary or involuntary, by operation of law (whether by deed, contract of sale, gift, devise, bequest, trustee's sale, deed in lieu of foreclosure, or otherwise) of any ownership or possessory interest in a Home, including but not limited to, a fee simple interest, a joint tenancy interest, a tenancy in common, a life estate, or leasehold interest, or mortgage or lien. 2 RESALE AND TRANSFER RESTRICTIONS 2.1. Resale of the Home by the Owner can only be to an eligible buyer defined as follows: A. The buyer must be a natural person. B. The buyer's income shall not exceed 100% of AMI adjusted for household size, and no more than 40% of the buyer's income shall be used for housing costs (mortgage and utilities) adjusted for household size. C. Eligible buyers must have a current and valid income certification from the Town of Estes Park stating that the person is an eligible buyer. Income certification will involve verification of income from all available sources including federal and state income tax records, loan records and applications, and employer pay records. Falsification or misrepresentation of information provided by the potential buyer to the Town of Estes Park will result in automatic termination of eligibility status. As part of the eligibility process, the buyer will be required to provide to the Town of Estes Park their Ipost recent income tax return and other information as requested. 2.2. The following transfers are exceptions to the buyer eligibility requirement, provided that the new Owner, other than the estate, shall use the Home as his or her principal residence: A. A Transfer resulting from the death of an Owner where the transfer is to the spouse. B. A transfer to the Owner's estate following his or her death for the purpose of administering the estate and distributing the assets thereof during a limited period of time. C. A transfer resulting from the death of an Owner when the transfer is to a child, parent, grandparent or grandchild of any Owner. For the purposes of this Covenant, the term child includes adopted children or stepchildren. D. A transfer by an Owner where the spouse of the Owner becomes the co-owner of the Home. E. A transfer resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree by which a spouse becomes the sole Owner of the Home. F. A transfer by an Institutional Lender in connection with any foreclosure proceeding or any transfer to an Institutional Lender in lieu of a foreclosure. 3 RESTRICTONS ON USE AND RENTAL 3.1 Occupancy. The Owner shall maintain the Home as his or her Primary Residence, occupying that Home for a minimum of eight (8) full months out of any twelve (12) month period, unless otherwise agreed in writing by the Town. Occupancy by children or other Page 3 of 6 8/29/2005
I I immediate family members or dependents of the Owner, who have been occupying the Home for a period of at least nine (9) consecutive months before the start of the Owner's absence, shall be deemed occupancy by the Owner. Upon written request of the Town, the Owner shall provide the Town with such information as the Town may reasonably request to satisfy itself that the Home is being used as the Owner's Primary Residence. Rentals are allowed in the four month non-residential period. Rental occupancies of less than forty five days shall not be allowed. 3.2 Residential Use. The Owner shall use, and shall cause all occupants thereof to use, the Home only for residential purposes and such incidental activities related to residential use as are currently permitted by then existing zoning codes, Town ordinances, and restrictive covenants governing the Development. The Owner shall not use or occupy, nor permit any use or occupancy of the Home in violation of this Covenant. 4 MORTGAGE PROTECTIONS 4.1 Covenant Subordinate to First Mortgage. This Covenant shall be subordinate to a First Mortgage. 4.2 Termination of Covenant. If an Institutional Lender acquires the Home by foreclosure or by deed in lieu of foreclosure under its First Mortgage, the rights and restrictions contained in this Covenant shall terminate, and the Home shall become free from the rights and restrictions in this Covenant. 5 COVENANT TO RUN WITH THE HOME 5.1 Duration. This Covenant shall be for a term of thirty (30) years from the date hereof. All of the rights, restrictions, covenants and agreements in this Covenant shall be binding upon and enforceable against the Owner, the Owner's personal representatives, heirs, transferees, successors and assigns, including any party holding and/or acquiring title to the Home; and is for the benefit of and enforceable by the Town, its successors and assigns, for the term of this Covenant. This Covenant shall run with the Home. 5.2 Transfer of an Interest in the Home. Any buyer or transferee of the Home or any portion thereof, by acceptance of a Deed, or by signing of a contract or Agreement to purchase the same, shall, by acceptance of such Deed, or any document transferring any interest in the Home, or by signing of such contract or Agreement, be deemed to have consented to and accepted the Covenants, including all of the conditions, restrictions, and limitations set forth herein. 6 ENFORCEMENT OF THIS COVENANT 6.1 Without limitation on any other rights or remedies of the Town or the Town's successors or assigns, any sale or other transfer or conveyance of the Home in violation of any provision of this Covenant shall, to the maximum extent permitted by law, be voidable by the Town or the Page 4 of 6 8/29f2005
.. Town's successors or assigns. 6.2 In the event of any violation or default in the terms and conditions of this Covenant, the Town shall send written notice to the Owner describing the nature of violation or default and allow the Owner fifteen (15) days to cure said violation. If the violation or default is not cured within said fifteen (15) day period, the Owner shall be considered in violation of this Covenant. 6.3 In the event of any violation of the terms and conditions of this Covenant that has not : been cured as set forth above, the Town shall be entitled to enforce this Covenant including, but not limited to, seeking equitable relief and/or damages. The Town shall be entitled to an award of all reasonable attorney fees, expert witness fees, and court costs incurred by the Town, in the enforcement of any of the terms and conditions ofthis Covenant. 6.4 Any suit or litigation pursuant to this Covenant shall be in the District Court, Larimer County, Colorado. 7 MISCELLANEOUS 7.1 Notices. Any notice required pursuant to the terms or this Covenant shall be given in writing and delivered in person or mailed, by certified or registered mail, return receipt requested at the address set forth below: If to the Town: If to Owner: Town of Estes Park Attn: Town Administrator P.O. Box 1200 , Estes Park, CO 80517 7.2 Severability. If any provision of this Covenant shall be held by a court of proper jurisdiction to be invalid or unenforceable; the remaining provisions shall survive and their validity, legality and enforceability shall not in any way be affected or impaired thereby; and the court may, but shall not be required to, fashion a substitute for the provision held to be invalid or unenforceable. 7.3 Headings. The headings of the sections in this Covenant are for convenience only and shall not be used to interpret the meaning of any provision hereof. 7.4 Waiver of Homestead. This Covenant is prior and superior to the Owner's right of a Homestead Exemption under Article XVIII, Section 1 of the Colorado Constitution and under Part 2, Article 41, Title 38 of the Colorado Revised Statutes, or any successor statute. Owner waives his or her Homestead Rights to the full extent that they conflict or impair the Town's rights and remedies under this Covenant. 7.5 This Covenant shall not be altered or amended without the written consent of parties, hereto, Page 5 of6 8/29/2005
' ' t .1 or their personal representatives, heirs, transferees, successors and assigns, if applicable. 8 ADMINISTRATIVE FEE 8.1 Upon any transfer of sale of the Home, the Owner shall pay at closing to the Town the sum equalto of the purchase price. Said sum is for the purpose of reimbursing the Town for the administrative costs of monitoring and enforcing this Covenant and all matters related thereto. Executed as of the date first written above. OWNER: OWNER: STATE OF COLORADO } } SS. COUNTY OF LARIMER } The foregoing instrument was acknowledged before me this day of ,20- by Witness my hand and official seal. My commission expires: Notary Public THE TOWN OF ESTES PARK, COLORADO, a Colorado municipal corporation Attest: ~ Mayor Town Clerk Page 6 of6 8/29/2005
. ATTAINABLE HOUSING AGREEMENT Date: day of ,2005 This Attainable Housing Agreement (the "Agreement") is entered into between the Town of Estes Park, Colorado ("Town") a Colorado Municipal corporation, with an address of Post Office Box 1200 Estes Park, Colorado 80517 and Pawnee Meadows, LLC, a Colorado Limited Liability Company, (the "Developer") This Agreement applies to the real property described as: Block 1 and Block 2, The Neighborhood Subdivision, Town of Estes Park, County of Larimer, State of Colorado as recorded in the office of the Larimer County Clerk and Recorder. WHEREAS, the Developer, in cooperation with the Town will be constructing or has constructed homes in a new subdivision named The Neighborhood, according to the final subdivision plat recorded in the Larimer County, Colorado real estate records (the "Development") and; WHEREAS, as a condition of the Town approving the Development under its attainable housing zoning ordinance, the Town has required fifteen (15) of the homes within the Development be maintained as attainable housing and; WHEREAS, the Town and the Developer have arrived at an Attainable Housing Restrictive Covenant and Agreement (the "Covenant"), describing the terms, covenants and conditions pertaining to the sale and resale of the homes in the Development and; THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1 The sale and resale of a total of fifteen lots in the Development shall be restricted to the conditions and requirements set forth in the Covenant. 2 At the completion of the sale of a lot by the Developer to a qualified eligible buyer, as defined by the Covenant, the Town shall release said lot and one additional lot from the provisions of this agreement. The additional lot shall be designated bv the Developer. The Community Development Director, on behalf of the Town, shall execute a document releasing said lots from the provisions of this agreement. 3 Upon the sale of a total of fifteen (15) lots by the Developer to a qualified eligible buyer(s), the Town shall execute a document releasing all lots from the provisions of this agreement. Said document shall be signed by the Community Development Director on behalf of the Town. 4 Upon any transfer or sale of a lot to a qualified eligible buyer, as defined by the Covenant, the Page 1 of 1 9/9/2005
+ Developer shall pay at closing to the Town the sum equal to one half of one percent (0.5%) of the purchase price. Said sum is for the purpose of reimbursing the Town for the administrative costs of monitoring and enforcing the Covenant and all matters related thereto. 5 All of the rights, restrictions and conditions contained herein shall be binding upon and accrue to the benefit of the parties hereto, their personal representatives, heirs, transferees, successors and assigns. 6 If any provision of this Agreement shall be held by a court of proper jurisdiction to be invalid or unenforceable; the remaining provisions shall survive and their validity, legality and enforceability shall not in any way be affected or impaired thereby; and the court may, but shall not be required to, fashion a substitute for the provision held to be invalid or unenforceable. 7. The provisions of this agreement shall bind and run with all of the lots in the Development until such time as a lot is released pursuant to the provisions of Paragraph 2 herein or upon releasing of all lots from the provision of this agreement pursuant to Paragraph 3 herein. Executed as of the date first written above. PAWNEE MEADOWS, LLC A Colorado Limited Liability Company Paul M. Kochevar, Manager STATE OF COLORADO } } SS. COUNTY OF LARIMER } The foregoing instrument was acknowledged before me this day of , 20 by Paul M. Kochevar as Manager of Pawnee Meadows, LLC, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: Notary Public THE TOWN OF ESTES PARK, COLORADO, a Colorado municipal corporation Attest: Mayor Town Clerk Page 2 of2 9/9/2005
.%, . AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into as of the day of 2005, by an between The Town of Estes Park, (hereinafter referred to as the "Town"), and the Estes Park Housing Authority (hereinafter referred to as the "EPHA"). WHEREAS, the Town will be party to an Attainable Housing Restrictive Covenant and Agreement (hereinafter referred to as the "Deed Restriction") on fifteen, single-family lots in The Neighborhood Subdivision; and WHEREAS, the Town desires to engage EPHA to render certain professional services in connection with the Deed Restriction. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services. EPHA agrees to provide the necessary services to certify that buyers of deed restricted lots in the Neighborhood Subdivision are Eligible Buyers pursuant to the Deed Restriction. Income certification of potential buyers by EPHA is not required until a deed restricted lot is under contract and the buyer has submitted a pre-qualification letter from an Institutional Lender, and the buyer has completed an income certification application. Income shall be certified in accordance with U.S. Department of Housing and Urban Development requirements for certification of Section 8 income. EPHA shall retain records of the certification process of the Buyers. When a sale or transfer has occurred, EPHA shall notify the Town in writing of the eligible buyer' s household income and the percent of eligible buyer' s income that shall be used for housing costs. 2. Closing of Sale. EPHA shall attend all closing of sales of deed restricted lots which EPHA has certified the eligible buyer. EPHA shall attend the closings for the purpose of ensuring that the eligible buyer certified by EPHA is the party receiving title to the deed restricted lot at closing. 3. Method of Pavment. The Deed Restriction establishes that of the purchase price of the deed restricted lot shall be paid to the Town on sale or transfer of a lot to an eligible buyer. This sum shall be paid to EPHA within thirty days of receipt the funds by the Town as sole compensation for EPHA's services. 4. General Terms and Conditions. A. Term of Agreement. This Agreement shall be effective the date and year first above written and shall continue in force and effect until terminated by either party. Either party shall have the right to terminate this Agreement, in its sole discretion, by giving written notice to the other
4. , party of such termination and specifying the effective date thereof, which notice shall be given at least thirty (30) days before the effective date of such termination. In such event all finished or unfinished records pertaining to certification shall become the Town' s property. B. Assignabilitv. Either party may not assign its interest in this Agreement without the prior written consent of the other party. C. Access to Documents. The Town shall have access to any documents in the possession of EPHA pertaining to compliance with the Deed Restriction. However, if EPHA receives and/or obtains confidential information from an application and/or third party which is identified as such, EPHA shall, to the extent authorized by law, protect the confidential information from disclosure to third parties with tile same degree of care afforded its own confidential and proprietary information. Neither Party shall, however, be required to hold confidential any information which becomes publicly available other than through the recipient, or which is required to be disclosed by a governmental or judicial order or by statute. D. Third Partv Beneficiaries. None of the terms or conditions in this Agreement, shall give or allow any claim, benefit, or right of action by any other third person or entity not a party hereto. E. Binding Effect.. This Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their respective successors and assigns. F. Governing Law. This Agreement has been executed by the parties hereto on the day and year first above written and shall be governed by the laws of the State of Colorado. G. Notices. Whenever written notice is required or permitted to be given under this Agreement by one party to the other, it shall be given effect by hand delivery, or by mailing the same by certified mail, return receipt requested, to the party to whom given. Notices shall be addressed as follows: Town of Estes Park Estes Park Housing Authority Attn: Town Administrator Attn: Executive Director P O Box 1200 P O Box 1200 . Estes Park, CO 80517 Estes Park, CO 80517 F. Integrated Agreement and Amendments. This Agreement is an integration of the entire understanding of the parties with respect to the matters set
4. I . forth herein. The parties shall only amend this Agreement in writing with the proper official signatures attached.thereto. 5. Indemnification. The Town shall indemnify and hold EPHA, its board members, officers, employees and agents harmless from and against any and all claims, suits, or actions made or asserted for any damage to person or property occasioned by the acts and or omission of EPHA with performance of the EPHA's services under this Agreement. Said indemnity shall include, but not be limited to, all reasonable attorneys' fees, expert witness fees and court costs incurred by EPHA. 6. Independent Contractor. EPHA is an independent contractor. Notwithstanding any provision appearing in this Agreement, all personnel assigned by EPHA to perform work under the terms of this Agreement shall be and remain at all times, employees of EPHA for all purposes. 7. Governmental Immunitv The parties agree and understand that the 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 protection provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the parties or either of them or any of their officers, agents, board members, volunteers or employees. ESTES PARK HOUSING AUTHORITY By: Sam Betters Title: Director Date: TOWN OF ESTES PARK ATTEST: By: Jackie Williamson, Town Clerk Mayor Baudek
I .' . ) Income Verification Household Income as defined in the Attainable Housing Restrictive Covenant and Agreement, will be calculated and verified by the Estes Park Housing Authority by utilizing the following methods/and or forms. All income of household members, over the age of 18 will be verified. Income will be verified through third party verification utilizing the forms provided by The Neighborhood in their application packet and/or any other forms the EPHA determines necessary, including but not limited to: 1. Income Tax returns 2. Pay stubs 3. W-2 forms Income includes, but is not limited to: 1. Income derived from employment 2. Self Employment Income (3 years Income Tax required) 3. Child Support 4. Alimony 5. Interest, dividend or investment income -Excluded will be 1. Temporary, non-recurring, income 2. Income from household members under the age of 18. 3. Income from household members who are full time students will be excluded Written, third party verification of the status of that student will be needed
I . :.J p . r MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Randy Repola ¥41\ Date: September 9,2005 Subject: Economic Advisory Council Appointments Background: Included in the Town Board's 2004-2006 goals is creation of an economic development strategy for the Town of Estes Park. We have dubbed this project, "Estes Park 2017". The rationale behind the name is twofold: the Town will celebrate its 10001 anniversary in 2017 and the roughly 11 years between 2005 and 2017 provides a time frame for the economic development advisory council and Town Board to work with in drafting and implementing an economic strategy. The goal team, including Trustees Jeffrey-Clark and Pinkham, solicited applicants for the Estes Park 2017 Advisory Council. We received 19 applications. The team recently met and narrowed the field down to 15 voting members and one ex-officio member from Rocky Mountain National Park. The list of recommended candidates is as follows: Bill Pinkham, Chairman Donald Gleich, Jr.- Metal Container Corporation Danial Via- Wild Spirits Paul Fishman- 14'ers Caf6 Judy Lamy- Retired Licensed Pediatric Occupational Therapist John Ericson, Jr.- Estes Park Self Storage and Serendipity Trading Eric Blackhurst- Anderson Realty & Management Bruce Grant- The Estes Group (management consultant) Brad Sishc - Bank of Colorado John Tucker- Sunnyside Knoll Resort Donna Stiens- Retired Small Business Lender and Retail Management Bill Almond- Holiday Inn Jim Bangs- Estes Park Lumber Mark Holler- Mountain Home Plumbing & Heating David Novic- the Warming Hut Ken Larson- All Budget Inn John Hannon- Rocky Mountain National Park (ex-officio member) The goal team believes that the above group provides a good mix of backgrounds and experiences for the Estes Park 2017 Advisory Council. The Council will use the RRC Economic Development Study as a basis for their analysis and planning. This body will provide the counsel and energy to create a draft economic development strategy as well as ongoing advice to the Town Board to effectively guide the Town's efforts in supporting and expanding the local economy. The Council is advisory only in nature, but is expected to meet monthly and monitor economic indicators as well as aid in defining the appropriate role of local government in the Estes Park economy.
I 6 . Budget Though there are no costs associated with creation of the Estes Park 2017 Advisory Council, there will likely be minor meeting' costs such as document reproduction and refreshments. These costs will be absorbed by existing budgets in Administration and Business Development as appropriate. Action: Staff and goal team requests consideration of the submitted list of names for the Estes Park 2017 Advisory Council and appointment of said individuals by Mayor Baudek.
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