HomeMy WebLinkAboutPACKET Town Board 2007-03-27.r PILE Prepared 3/19/07 At 4 1 .: . ·IX & e 111 TOWN:OR Eff{$ PARK :; 11< 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 natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 27,2007 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE GRADUATION CEREMONY: 2007 CITIZENS INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Baudek, Museum Director Kilsdonk and Town Administrator Repola - Present Participation Certificates to the following class members: Dave Albee Gordon Appel Arthur Blume Dee Burns Cyd Deats Elaine Downing Jay Feagans John Fenelon Paul Fishman Doug Frisbie Walt Hesz Cathy Homeier Lyle Jensen David McCluggage Mike Oline Terry Parenti Steven Salamoff Justin Smith Sally Stevenson John Stevenson Frank Theis Anne Toft Linda Williams Lawrence Williams Anne Worthen PUBLIC RECEPTION will be held immediately following the ceremony. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated March 13, 2007. 2. Bills. 3. Committee Minutes: A. Utilities, March 15,2007: 1. Purchase 2007 Ford F-350 4X4 - $44,896.77 - Budgeted, 2. Purchase 2007 Ford F-150 4X4 - $14,875.00 - Budgeted. B. Public Safety, March 22,2007.
...... ': I. 1 f ./ f . 1, 4. Estes Valley Planning Commission, February 20,2007 (acknowledgement only). 5. Resolution #5-07, Assignment of Evergreen Water Main Interconnect Project Claim. lA. PLANNING COMMISSION AGENDA (Approval of): 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. 1. ACTION ITEM: A. AMENDED PLAT Lots 1, 2, and Outlot A, Timberlane Subdivision, and Tract 1,-Brookside Addition, The Worldmark Club & Trendwest Resorts, Inc./Applicant. - Previously approved at the July 25, 2006 Town Board. Plat never submitted for recording. 2. ACTION ITEMS: 1. RE-APPOINTMENT: ESTES PARK HOUSING AUTHORITY. • Re-appointment of Jack Dinsmoor, 5-yr. term, expiring 4/12/12. 2. POPULATION PROJECT STUDY CONTRACT WITH HDR. Dir. Goehring & Dir. Joseph. 3. TRANSPORTION SERVICE CONTRACT WITH MCDONALD TRANSIT ASSOCIATES, INC. Town Administrator Repola. 4. TOWN ADMINISTRATOR REPORT. 5. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared.
hp LaserJet 3015 4.-V~ : W j HP LASERJET FAX invent Mar-23-2007 10:25AM Fax Call Report Job Date Time Type Identification Duration Pages ~· Resul t 214 3/23/2007 10:16:31AM Send 6672527 1:06 2 OK 215 3/23/2007 10:17:43AM Send 5869561 1:05 2 OK 216 3/23/2007 10:18:53AM Send 5869532 1:28 2 OK 217 3/23/2007 10:20:26AM Send 5861691 1:45 2 OK 218 3/23/2007 10:22:16AM Send 6353677 1:29 2 OK 219 3/23/2007 10:23:50AM Send 5771590 1:37 2 OK
Town of Estes Park, Larimer County, Colorado, March 13, 2007 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 13th day of March, 2007. Meeting called to order by Mayor Pro Tem Pinkham. Present: Bill Pinkham, Mayor Pro Tem Trustees Eric Blackhurst Dorla Eisenlauer Chuck Levine Wayne Newsom Also Present: Jacquie Halburnt, Deputy Town Administrator Cynthia Deats, Deputy Town Clerk Absent: John Baudek, Mayor Richard Homeier, Trustee Randy Repola, Town Administrator Town Attorney White Mayor Pro Tem Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT. Paul Fishman/321 Big Horn Drive A7, read a statement on behalf of the Estes Park Chamber of Commerce supporting the Town's efforts in pursuing state legislation that would allow the creation of marketing districts by statutory towns and requested the Chamber be kept apprised of progress on this issue. Ginny Hutchinson/180 Lawn Lane, expressed dissatisfaction with the operation of a vacation home at 170 Lawn Lane. She related multiple incidences of trespassing on her property, dogs off-leash, noise violations, drunken guests and unsupervised children. Trustee Blackhurst encouraged Ms. Hutchinson to contact the Police Department regarding such occurrences and stated that these are clear violations of the spirit and intent of vacation homes. Mayor Pro Tem Pinkham assured Ms. Hutchinson that the Trustees are concerned about vacation home issues and that a study session to discuss the topic is scheduled for the end of March. TOWN BOARD COMMENTS. Trustee Levine noted that a graduation ceremony and reception will be held at the next Town Board meeting for participants of the 2007 Citizens Information Academy (CIA). Trustee Blackhurst stated the importance of involving the business community, including the Chamber of Commerce, in a marketing district proposal. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 27,2007. 2. Bills. 3. Committee Minutes: A. Community Development Committee, March 1,2007:
Board of Trustees - March 13, 2007 - Page 2 a. Conference Center Drywall, $4,300.00 Budgeted b. Conference Center Painting, $23,000.00 Budgeted c. Conference Center Furniture, $20,000.00 Budgeted . d. Stanley Park Fairgrounds Phase 11, $66,293.00 Budgeted B. Public Works, March 8,2007: a. Visitor's Center Sidewalk, $49,700.00 Budgeted b. Post Office Parking Lot Reconstruction, $348,405.11 Budgeted c. Carriage Hills Pond Dam Reconstruction, $15,687.73 Budgeted It was moved and seconded (Eisenlauer/Blackhurst) the Consent Agenda be approved, and it passed unanimously. 2. ACTION ITEMS: 1. TOWN ADMINISTRATOR REPORT. • Congressman Mark Udall will hold a public meeting in the Board Room on Saturday, March 17, 2007, beginnihg at 12:30 p.m., to discuss his elk mitigation plan. • The Convention & Visitors Bureau (CVB) recorded 410 visitors to the facility on Saturday, March 10, 2007, and 440 visitors on Sunday, March 11,2007. • The Town will receive reimbursement in the amount of $11,588.00 from FEMA which will be . used to offset overtime expenses related to snowplowing activities made necessary by the large amounts of snow received in December 2006. Whereupon Mayor Pro Tem Pinkham adjourned the meeting at 7:16 p.m. Bill Pinkham, Mayor Pro Tem Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 15, 2007. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 15th day of March 2007. Committee: Chairman Homeier, Trustees Newsom and Pinkham Attending: All Also Attending: Deputy Town Administrator Halburnt, Utilities Director Goehring, Superintendent Mahany, Town Clerk Williamson Absent None Chairman Homeier called the meeting to order at 8:00 a.m. PUBLIC COMMENT Arthur Bloom/2007 CIA attendee has been impressed by the quality of the Town employees. WATER DEPARTMENT 1-Ton Truck Replacement (Vehicle 9033) - Request Approval. Supt. Mahany stated the Water Department requests the replacement of vehicle 9033 - 1974 Ford F-350 1-Ton Flatbed. The new truck with a utility body would be more useful to the Water Dept. than the current flatbed truck. This vehicle has 33 years of service and 32,637 miles. The Special Events Dept. would like to purchase the truck from the Water Dept. for a trade-in value of $1,000.00. Sgradley Barr Ford - Ft. Collins, Co. 2007 Ford F-350 4x4 w/utility body $44,896.77 Trade-In - 1974 Ford 1-ton Flatbed -$ 1,000.00 Bid Price $43,896.77 Weld County Garage - Greeley Co. 2007 GMC K-3500 4x4 w/utility body $46,408.00 Trade-In - 1974 Ford 1-ton Flatbed -$ 800.00 Bid Price $45,608.00 Phil Lona Ford - Colorado Springs, Co. 2007 Ford F-350 4x4 w/utility body $49,576.00 Trade-In - 1974 Ford 1-ton Flatbed -$ 1,500.00 Bid Price $48,076.00 Transwest GMC - Henderson, Co. NO RESPONSE King GMC - Loveland, Co. NO RESPONSE Staff recommends purchasing the new truck from Spradley Barr Ford and transferring the trade in truck to the Special Events Dept. with a $1,000.00 payment to the Water Dept. The Committee recommends approval to purchase a 2007 Ford F-350 4x4 with utility body from Spradley Barr Ford as budgeted in the amount of $44,896.77 from account #502-700-580-34-42 with the old vehicle transferred to the Special Event Dept. as described above. Truck Replacement (Vehicle 90311) - Request Approval. Supt. Mahany stated the Water Dept. requests the replacement of vehicle 90311 - 1997 Jeep Wrangler 4x4 that was transferred from the L&P Meter Reading Dept. to replace an old Water Dept. truck. The Water Dept. requests the purchase of a truck that is
RECORD OF PROCEEDINGS Utilities Committee - March 14, 2007 - Page 2 capable of hauling equipment and cheaper to maintain in lieu of a replacement Jeep. This vehicle has 10 years of service and 71,178 miles. Phil Long Ford - Colorado Springs, Co. 2007 Ford F-150 4x4 $20,375.00 Trade-In - 1997 Jeep Wrangler 4x4 -$ 5,500.00 Bid Price $14,875.00 Spradley Barr Ford - Ft. Collins, Co. 2007 Ford F-150 4x4 $19,991.00 Trade-In - 1997 Jeep Wrangler 4x4 -$ 5,000.00 Bid Price $14,991.00 Weld County Garage - Greeley Co. 2007 GMC I<-1500 4x4 $21,200.00 Trade-In - 1997 Jeep Wrangler 4x4 -$ 5,000.00 Bid Price $16,200.00 Transwest GMC - Henderson, Co. NO RESPONSE King GMC - Loveland, Co. NO RESPONSE Staff recommends trading in the 1997 Jeep Wrangler 4x4 and purchasing a new 2007 Ford F-150 4x4 from Phil Long Ford for a cost of $14,875.00 after a $5,500.00 trade-in. The Committee recommends approval to purchase the budgeted truck (Vehicle 90311) as outlined above at a cost of $14,875.00 from account #502-7000-580-34- 42. HDR Contract for Population Proiection Study - Request Approval. The Estes Valley Comprehensive Plan provided an estimate in 1996 of the valley's build out population. Staff would like to take the opportunity to update these numbers in conjunction with the Water Demand projections that HDR will provide this spring. This Will serve both as a Comprehensive Plan build-out update and as an important element in projection of future demands on the Town's water system. A scope of work for a Population Projection study from HDR expands the Demand study area to include current and future land use with an additional cost of $14,808.00 to be paid from funds budgeted for the Comprehensive Plan update ($7,000.00) and from the Water Dept. ($7,808.00). This study is needed to perform the larger update to the Comprehensive Plan that will be performed later this year. It will also aid the Water Dept. in securing the necessary revenue bonds for upgrades to the Mary's Lake facility and will provide added confidence on future revenue projections, which could lead to improved interest rates. After further discussion, the Committee supports the study; however, they reguested the item be presented as an action item for full discussion at the March 27~ Town Board meeting including discussion on the schedule for updating the Comprehensive Plan, study timeframe and adding 5-year growth rate intervals to the study scope of services. Reports 1. Light and Power Dept. Financial Report - Dir. Goehring reviewed the report. Committee requested Finance Officer McFarland review the financial reports at the April meeting. 2. Annual System Flushin~ - Dir. Goehring stated the annual system flushing will begin April 17th - April 20t and April 24*-April 27th. This process will also verify the condition of the hydrants. 3. Water Financial Reports -Dir. Goehring reviewed the report. Committee requested Finance Officer McFarland review the financial reports at the April meeting.
'' RECORD OF PROCEEDINGS Utilities Committee - March 14, 2007 - Page 3 4. Electronic Committee Agenda & Supporting Documents - Clerk Williamson reviewed the proposed changes to the Town's website that would provide an electronic version of the Committee agenda with links to the supporting documents. The Committee requested an update in three months to review the number of hits on the website to determine the value in providing this service for the other Committees and Town Board. There being no further business, Chairman Homeier adjourned the meeting at 8:55 a.m. Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 22,2007 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 22nd day of March, 2007. Committee: Chairman Newsom, Trustees Blackhurst and Eisenlauer Attending: All Also Attending: Chief Dorman, Chief Richardson, Deputy Town Administrator Halburnt, Deputy Town Clerk Deats Absent: None Chairman Newsom called the meeting to order at 8:00 a.m. FIRE DEPARTMENT. Reports: 1. Lock Box Rapid Entrv System - Chief Dorman reported that he is in the process of gathering information to use to assess the impact of the proposed Lock Box ordinance on the community. He contacted Range View Security, Central Security, and ADT and requested the number of Estes Park properties that currently have alarm and/or sprinkler systems in place in an attempt to determine the number of business owners/residents who would potentially be required to purchase a lock box. He will present this information, along with lock box costs and replacement costs of commercial doors, at the April meeting. Chief Dorman stated he is planning to publish an informational article in the local papers regarding the lock box proposal and extend an invitation to residents to attend the next Public Safety Committee meeting. He also provided the Committee with operational security measures related to the lock box system and stated the Police Department is also interested in having access to the system. POLICE DEPARTMENT. Reports: 1. Police Department Reorganization - Chief Richardson outlined organizational restructuring that would more accurately align staffing with departmental services and changing community needs and demands, improve services, and stimulate innovation and organizational growth. The non-traditional approach would place a civilian supervisor over Community Services which include the summer CSO program, the SRO program at the school district, Restorative Justice, the Police Auxiliary Unit, and all grant writing functions. The organizational change would provide for an equitable distribution of workloads, strengthen community partnerships, and provide a savings of approximately $71,370.00 in salary and benefit costs. The Corfimittee expressed concerns with having a civilian supervising sworn personnel. Chief Richardson stated that although this type of organizational structure is currently not in existence in any Colorado Police Departments, he plans to measure the success of the organizational changes by utilizing community and school district surveys, internal reverse evaluations, and an overall sense of receptiveness by staff and the community. He stated that he is comfortable with these changes due to the talents and skills of the current staff.
RECORD OF PROCEEDINGS Public Safety Committee - March 22,2007 - Page 2 2. PTO Presentation - To satisfy a requirement of new police officer training, Officer Rudy Solano presented a report on high traffic volume and speeding on Scott Avenue which is located in Zone 5, Officer Solano's patrol area assignment. He presented a summary of data he collected in October 2006 that indicates high traffic volume and speeds from 2.3 to 8.9 miles per hour over the posted speed limit. Officer Solano suggested several ways to address the problem including random radar patrol enforcement, closing off Scott Avenue to through traffic, and installation of radar speed limit control signs. He will re-evaluate the traffic along Scott Avenue in the upcoming months and, with the assistance of other patrol officers, will continue to monitor the area and track the number of written warnings and summonses issued. The Committee thanked Officer Solano for his presentation and suggested he communicate with the residents in Zone 5 about this issue and have a discussion with the Public Works Department about the possibility of building a sidewalk in the area for the safety of pedestrian traffic. There being no further business, Chairman Newsom adjourned the meeting at 8:58 a.m. Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS DRA-]ET Regular Meeting of the Estes Valley Planning Commission February 20, 2007,1:30 a.m. Board Room, Estes Park Town Hall Commission: Chair Betty Hull; Commissioners Wendell Amos, Ike Eisenlauer, Bruce Grant, Joyce Kitchen, Doug Klink, and John Tucker Attending: Chair Hull; Commissioners Eisenlauer, Grant, Hull, Kitchen, Klink, and Tucker Also Attending: Planner Shirk, Planner Chilcott, Town Attorney White, Recording Secretary Roederer Absent: Commissioner Amos, Director Joseph Chair Hull called the meeting to order at 1:30 p.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence of the meeting. 1. CONSENT AGENDA a. Estes Valley Planning Commission minutes dated January 16, 2007. b. Request for Continuance to April 17, 2007 Planning Commission meeting - PRELIMINARY SUBDIVISION PLAT, KEARNEY MINOR SUBDIVISION, A Portion of Lot 12, South Saint Vrain Addition, Kearney and Sons Excavating, LLC/Applicant c. AMENDED PLAT, Boundary Line Adjustment for the Metes & Bounds property located at 651 Laurel Lane in unincorporated Larimer County, CO, J. Rocksey and Jacquelynn Powell/Applicant - Request to change the existing boundary line between two lots from a north-south orientation to an east-west orientation At the request of adjacent property owner Kris O'Neil, item "C" was removed from the consent agenda and will be reviewed as an action item. It was moved and seconded (KlinldEisenlauer) that items "A" and "B" of the consent agenda be accepted, and the motion passed unanimously with one absent. 2. PUBLIC COMMENT Tom Ewing, 1082 Fall River Court, provided a letter to the Planning Commissioners and read it for the record. He stated he was present on behalf of homeowners in Fall River Estates to express disappointment and frustration regarding "The Celtic Lady's Mountain Retreat," a home used for short-term nightly rentals in their neighborhood. He also expressed concern about a recently constructed model home at 1050 Fall River Court. Planner Shirk stated the Town's Community Development Committee will again review information on short-term nightly rentals at their meeting on March 1, 2007. Planning staff is currently reviewing the use classification of the model home.
RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 February 20,2007 3. AMENDED PLAT, Boundary Line Adjustment for the Metes & Bounds property located at 651 Laurel Lane in unincorporated Larimer County, CO, Applicant: J. Rocksey and Jacquelynn Powell Planner Shirk provided a brief summary of the staff report. The applicants own two lots and wish to change the orientation of the property line between the two lots from a north-south orientation to an east-west orientation. The lot that currently fronts Laurel Lane contains a single-family dwelling; the second lot is undeveloped but is a legal, buildable lot. Reorientation of the property line would provide access for the undeveloped lot directly onto Laurel Lane, eliminating the need for an access easement across the developed lot. The proposal does not create any additional impact on the neighborhood. Public Comment: Adjoining property owners Tom and Kris O'Neil, 702 Tanager Road, stated they have no issue with changing the lot line but are concerned about whether the applicant's southern property line' (as shown on the plat) matches with their nortfiern property line. They requested verification of receipt of the survey they filed with Larimer County approximately a year ago and verification that the property boundary shown by the applicant is in agreement with that shown on their survey. Planner Shirk stated Larimer County staff will do a thorough survey review and will verify the plat submitted by the applicant meets county requirements and is correct. He will provide the O'Neils with contact information for Larimer Cdunty staff. He also noted a utility easement will be placed over the existing water service line that crosses the applicant's property. Adjoining property owner Michael Allen, 630 Tanager Road, questioned whether the undeveloped lot would be zoned for multi-family development and whether the size of the building on the lot would be limited. He stated his dissatisfaction with the proposed boundary line adjustment due to concern that a large house will be built on the property and concern about the water resources being strained to an unacceptable level. Planner Shirk stated the applicant has not requested rezoning of the lot (it is currently zoned E-1- Estate); neighboring property owners will be notified if such a request is made in the future. The Estes Valley Development Code does not limit the size of a single-family. residence that may be built on the lot aside from the setback requirements and building height limit. A home could be built on the vacant lot in its current configuration but would require removal of significant trees. Approval of the boundary line adjustment would most likely result in any future residence being located farther from the Allen's property line than under the current lot configuration. It was moved and seconded (Kitchen/Klink) to recommend approval of the Amended Plat for the Metes and Bounds property located at 651 Laurel Lane to the Larimer County Board of County Commissioners, with the findings and conditions recommended by staff, and the motion passed unanimously with one absent. CONDITIONS: 1. Compliance with the memo from Town Attorney White dated January 24,2007. 4. CONCEPT PLAN REVIEW, GROCERY / RETAIL CENTER, Intersection of Highway 7 and Manford Avenue, Applicant: The Mulhern Group, Ltd. Planner Shirk stated this concept plan is being presented to the Estes Valley Planning Commission as an informational item to allow local residents and members of the Planning Commission an opportunity to provide preliminary evaluation and comments on a concept for redevelopment of the property at the corner of Highway 7 and Manford Avenue. No action is required at this time. The six-acre site is zoned CO-Commercial Outlying, redevelopment of the site is proposed to include a 50,000-square-foot grocery store, a fuel center, and a 5,000-square-foot pad site for commercial retail use. No rezoning would be required for the proposed use. The lumberyard and other existing uses on the site are expected to be relocated by the developer to a new location in Estes Park. Planning staff received a phone call from Jacqueline Miller, owner of one of the properties shown on the
RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 February 20,2007 concept plan as a portion of the development. Ms. Miller stated she does not intend to sell the property and voiced strong opposition to the concept plan. Public Comment: Steve Loos of the Mulhern Group, Ltd. stated he is working with Loftus Development, Inc. on this project; they are actively working on the acquisition of properties for the development. Commissioner Tucker questioned whether preliminary traffic studies have been conducted, particularly in regard to traffic on Manford Avenue. Mr. Loos stated the studies are being conducted but are not yet complete. Marsha and Ken Hobart stated they manage the property owned by Jacquelyn Miller and Luetta VerStraeten, who have indicated that under no circumstances would the property be up for sale nor do they wish to relocate the businesses currently on their property. Paul Kuna, 1050 S. St. Vrain, questioned where the lumberyard would be relocated if the plans move forward and expressed concern about possible rezoning of a formerly considered new location for the lumberyard across from Eagle's Landing Condominiums. Chair Hull reiterated that no action on the grocery/retail center concept plan will be taken by the Planning Commission at this time. 5. MASTER PLAN, YMCA OF THE ROCKIES ESTES PARK CENTER, Parcel Identification Numbers 3404106001, 3404200022, 3404300032, 3404400064, 3404200022, 34050000022, 3405000024, 3409100001, 3409100028, 3409200006, 3404200022, 3409100001, 3404400064, 3409100028, 3404300032, 3410000013, 3400000014,3404306006,34043060 2515 Tunnel Road, Applicant: YMCA of the Rockies Estes Park Center Planner Shirk reviewed the staff report, stating this is a request for approval of a master plan for the YMCA of the Rockies Estes Park Center; the plan is intended to provide guidance for development of the 889-acre YMCA property over the next twenty years. The Estes Valley Development Code (EVDC) does not provide specific review criteria for master plans. Planning staff has evaluated the submitted plan for compliance with applicable sections of the EVDC such as density, setbacks, stormwater drainage, and utilities, as well as ridgeline and tree protection standards, wildlife habitat areas, and wetland/stream corridor protection. If approved, this master plan will provide a template for review of future development plans for the property and will provide waivers to specific EVDC sections such as road paving, curb/gutter, and sidewalks. The Estes Valley Comprehensive Plan set forth a goal to adopt a master plan for the YMCA. Staff believes the overall quality and vision of the proposed master plan is excellent. The plan concentrates higher levels of development in the core of the site and redevelops this core as a pedestrian campus; it includes the relocation of existing parking lots and drives, and development of an open space and a pedestrian system. Planned development outside the core area includes additional cabins, staff housing, and reunion cabins. The density proposed by the master plan is approximately 12% of the maximum density allowed under the EVDC. The maximum occupancy would increase from the current 4,578 to 5,260-an increase of 647 people. Planning staff suggests that several code requirements be waived with the understanding that some additional development standards will be imposed. Suggested waivers to the EVDC include road and sidewalk paving, development plan review for certain buildings, and sidewalk along Tunnel Road. Suggested requirements additional to the EVDC include additional parking-lot landscaping and stricter exterior lighting standards. Staff recommends waiving sidewalk paving requirements along Tunnel Road (Spur 66) and along interior sidewalks and roads, except where delineated in the master plan (pg. 24) and where necessary to meet ADA requirements, and suggests the existing and proposed trail system satisfies the sidewalk requirements of the EVDC. If a formal DRAFT
RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 February 20,2007 easement is recorded or right-of-way dedicated along Tunnel Road, the existing trail along Tunnel Road would satisfy the trail-system-linkage requirement of the EVDC. The Estes Valley Comprehensive Plan includes a specific planning sub-area for Spur 66, including the YMCA, and includes a development guideline to protect the YMCA frohtage as open space. The three proposed reunion cabins located along Tunnel Road may not comply with this guideline. The original draft of the Master Plan proposed additional staff housing in this area. Neighboring property owners expressed strong opposition to the staff housing, and the Master Plan was changed to propose reunion cabins in that location. Planning staff suggests that reunion cabins will result in more concentrated traffic, but for a shorter period of time than the year-round traffic generated by staff h6using. A number of property owners along Tunnel Road have expressed concern about the impacts of these proposed reunion cabins. Staff recommends additional information be included in the master plan regarding the location of these buildings in relation to the road, stream corridors, and significant trees. If the proposed location of the buildings meets the limits of disturbance standards set forth in Section 7.2.D of the EVDC, staff suggests the Comprehensive Plan guideline could be met if the buildings are set back far enough from Tunnel Road. Staff has also reviewed by Spur 66 Corridor Management Plan adopted by Larimer County in 1996 (a set of development guidelines) and finds the general concept of the reunion cabins does not violate any of the guidelines set forth in that plan. Most guidelines in the Spur 66 Corridor Management Plan are site-specific. At this time there is no specific proposal for the reunion cabins; therefore, a determination can not be made as to whether the proposed reunion cabins meet limits of disturbance standards. Colorado Division of Wildlife Officer Rick Spowart left a phone message for staff indicating that there are six or seven other sites for the reunion cabins on the YMCA property that would have less impact on wildlife; however, location of the reunion cabins as shown on the Master Plan would not impact elk movement. He would like to see the aspen.stands in that area preserved. An important issue is the need for bear-proof garbage containers on the YMCA property. The average slope calculation for the YMCA property is 19%. Planning staff recommends the Family Cabins Infill area shown in the master plan on page 23 be "tightened" to avoid areas of steeper slope. Staff suppofts the landscaping concepts set forth in Section 4.3 of the master plan. Site-specific landscape plans will be reviewed with future development. Parking lots will need to be landscaped in accordance with Section 7.5 of the EVDC, which requires perimeter screening and interior landscaping. Staff recommends that landscaping in parking lot interiors exceed the maximum planting requirements as defined by the EVDC. Staff further recommends the applicant use the preferred planting list found in the EVDC and utilize large-spread shade trees to maximize visual coverage of parking lots. All development, including the proposed realignment of Mountainside Drive, will be subject to stream and wetland setback requirements. Future development and redevelopment will be subject to lighting standards set forth in Section 7.9 of the EVDC, and must be shielded and downcast. Staff rocommends that no parking lot lighting exceed fifteen feet in height rather than the 25-foot height allowed by the EVDC, that bollard-style lighting be used for pedestrian areas, and that the overall lighting plan be developed within one year of master plan approval. Entry lighting should be addressed first. Staff supports the parking lot concept presented in the master plan and recommends the YMCA consider a shuttle bus system to help minimize traffic on Tunnel Road/Spur 66. The following roads (including parking lots) that serve new lodges will need to be paved to applicable current standards concurrent with development: Friendship Lane, Kallenberg Drive, Mesa Drive, and Mountainside Drive. All other roads should be exempt from the paving requirements set forth in Section 7.12 of the EVDC. Staff suggests Mountainside Drive be paved to county standards up to the point of the proposed new alignment. From that point on, Mountainside Drive would need to be built to rural road standards set forth in the Larimer County Road Manual, Appendix G. The realignment must ensure there will be no negative impact on stream/wetland corridors and will need to be reviewed by the D-RAFT
RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 February 20,2007 Larimer County Engineering department prior to construction. Approval of the master plan does not indicate approval to rebuild Mountainside Drive in the proposed location. The traffic impact analysis presented with the master plan indicates the warrant for a dedicated right-turn lane off Tunnel Road into the YMCA grounds has already been met. (CDOT standards require a turn lane when there are 25 right turns per hour; there are currently 130 turns per hour.) Larimer County staff is willing to allow the construction of up to five additional cabins before requiring turn lane construction. Staff recommends the turn lane be installed with any development that increases traffic into the YMCA grounds, such as additional conference or sleeping facilities. Traffic signage must meet MUTCD standards. All buildings should be addressed in accordance with Larimer County addressing policies. The YMCA provides its own water treatment facilities. The YMCA submitted information which indicates that adequate water rights to support the proposed additional development shown in the Master Plan are available. Town Attorney White reviewed this information and has indicated that it appears the water rights are adequate. Sanitary sewer service is provided by Upper Thompson Sanitation District, which has stated the interior collection system will need to be studied to determine if it can carry additional flows. Provision of a second source of electric power should be completed prior to any additional development. Staff recommends the YMCA formalize evacuation and fire mitigation plans prior to additional development. The master plan includes a well-formulated stormwater management plan. Only those stormwater facilities necessary to serve specific future development will be required at the time development takes place. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. Comments were received from Town Attorney Greg White, Town of Estes Park Light and Power Department, Upper Thompson Sanitation District, Rocky Mountain National Park, and Larimer County Engineering Department. Thirteen letters or emails were received from neighboring property owners whose comments focus on concerns about development along Tunnel Road/Spur 66. Because not enough information has been provided at this time, approval of the master plan does not include approval or disapproval to locate any development along the Tunnel Road frontage. Any future development in that area shall be subject to review and approval by the Planning Commission. Limits of disturbance standards will be reviewed when the development is proposed. Public Comment: Kent Meyer, President of the YMCA of the Rockies, provided background information about the YMCA of the Rockies. He stated the proposed master plan is a 20-year plan developed in conjunction with EDAW, an international design group that has created development plans for areas within Yellowstone and Yosemite national parks and other sensitive natural areas. The proposed master plan envisions the growth of programming at the YMCA properly with very little growth in the numbers of people who will utilize the site and is geared toward "best practice" principles of management of the property. Mark Holdt, YMCA Vice President, provided a visual presentation. His comments are summarized as follows: • The proposed 20-year master plan is intended to improve the visitor experience and was created with care and concern for the environment. • The plan provides guidance for future development but does not identify any immediate projects. Development will occur in phases as funding becomes available. • A number of older buildings will be removed to make room for new buildings. • The plan provides for improved traffic and pedestrian circulation. Some current roads are proposed to be removed. There will be a separate entrance route for services/deliveries. • Maintenance services and buildings will be consolidated and located "behind" the core area of the site. DRAFT
RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 February 20,2007 • The locations of activity centers such as family programming, family sports, family conference lodges, etc. will be grouped together. • Signage, access, trails, pedestrian safety, and the aesthetics of the grounds will be improved. There will be dedicated green space. • Everything proposed in the master plan is consistent with the Estes Valley Comprehensive Plan and the Spur 66 Corridor Management Plan. • No variances are requested. • Current zoning would allow development of 13,753 hotel rooms or 3,111 individual cabins. The plan does not maximize the density allowed by the zoning. The total number of buildings will increase by a total of 12.3%; total guest and staff rooms increase by 11%; total maximum occupancy-will increase by 648 people, or 15%. • The YMCA has requested that Larimer County allow five cabins to be built prior to requiring construction of the right-turn lane into the YMCA property. This is to allow time to work out funding for construction of the turn lane concurrent with construction of the service road and redesign of the entry onto the property. • The 'applicant is in agreement with all conditions of approval recommended by planning staff. Chair Hull called a recess at 3:11 p.m. The meeting reconvened at 3:24 p.m. Phil Hendrix, Landscape Architect from EDAW, provided a visual presentation and overview of the proposed master plan. Additional information presented is summarized as follows: • Current development of the property shows a lack of land-use patterns. • Existing development is already condensed. Infill areas for family cabins have been identified, although specific sites will be determined individually as development occurs. • Open space will be protected into the fufure. • There are many existing trails on the property. The YMCA wishes to work with Rocky Mountain National Park to continue trail connections into the Park, as well as creating future connections to the Estes Valley trail system. • The Mountainside area will continue to be used for small groups, reunions, weddings, etc. The applicant intends to preserve the historic, natural characteristics of that area. • The area adjacent to Glacier Creek will be used for nature education; a new nature center is proposed for that area. • The road in front of the administration building will be removed. Existing roads will be used as a loop road around the core area, creating a strong pedestrian environment within the core area. Intersections will be realigned for safety. • "Dark-sky-compliant" lighting, such as that used within national parks, will be used. • Parking areas will be consblidated and will include large landscape islands. Landscaping will mitigate glare into Rocky Mountain National Park and will screen vehicles. • Storm drainage and erosion control has been addressed in the master plan. • Proposed impervious coverage on the YMCA property has not been estimated. A n'umber of existing roads will be removed, and there will be reclamation work on land that is currently gravel. • The proposed reunion cabins are six- to eight-bedroom facilities. There are several in the core area; three are proposed along Tunnel Road; they are also shown in the Summit area. The master plan shows sites where the reunion cabins will fit well, not necessarily where they will be built. • The proposed reunion cabins site along Tunnel Road should easily accommodate the cabins and could easily meet or surpass limits of disturbance standards. It is not in mapped wildlife habitat or in sensitive areas shown in the Spur 66 Management Plan. Each cabin requires approximately half an acre of land for the building and parking. The proposed cabins would encompass 1.5 to two acres of land out of the seven-acre site. The cabins could be located approximately 150 feet off Tunnel Road. DRAFT
RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 February 20,2007 Chair Hull reiterated Mr. Shirk's statement: "Because not enough information has been provided at this time, approval of the master plan does not include approval or disapproval to locate any development along the Tunnel Road frontage. Any future development in that area shall be subject to review and approval by the Planning Commission." Adjoining property owner Carol Beidleman, 3245 Tunnel Road, read aloud her letter to the Planning Commission received February 14, 2007, which commends the YMCA for work on the master plan but expresses strong objection to development along Spur 66 (Tunnel Road). She expressed concern about the proposed reunion cabins' impact on area vegetation and wildlife, requested the YMCA pursue a conservation easement for the open-space corridor surrounding their property, and requested the Planning Commission stipulate that no development be allowed along the Spur 66 corridor. Adjoining property owner Bryan Michener, 2332 Mountainside Drive, stated he has been a YMCA resident for 65 years. He endorsed the YMCA's effort to plan but stated the YMCA has been remiss in their treatment of the historical nature of the property (the largest site of Native American encampment in the Estes Valley, according to Mr. Michener), and in their lack of environmental stewardship. He provided a number of examples to support these contentions. He expressed great concern about the environmental impacts of development of the proposed reunion cabins along Tunnel Road. Bill Lamm, "Holy Hill" property owner (2260 Cliff Road), expressed concern about the visual impact of the proposed reunion cabins. He encouraged the YMCA to enter into a conservation easement for that area of their property to protect open space, scenic views, and wildlife habitat. Gail Johnson, "Holy Hill" property owner; echoed the previous comments and stated the "bubbles" shown on the Spur 66 Management Plan to reflect sensitive wildlife areas should not be viewed as perfect or written in stone. She noted there is beaver activity and nesting goshawks in areas outside the wildlife areas shown in the management plan. She stated 5,000-square-foot buildings are not "cabins." Scott Cast, "Holy Hill" property owner (2610/2680 Terrace Lane), stated he concurred with Bill Lamm's remarks. He stated the Planning Commission would be remiss to approve the proposed master plan with the reunion cabins adjacent to Spur 66 and encouraged approval of the plan without them. John Wood, legal council for YMCA, stated the staff findings are neutral regarding development of the reunion cabins along Spur 66. He requested continuance of the application to allow the YMCA to provide site-specific information if the Planning Commission was inclined to make other than a neutral finding. He reiterated that the master plan is conceptual in nature and is not a development plan. Further discussion followed between Planning Commissioners, staff, Mr. Holdt, Mr. Meyer, and Ms. Beidleman. Mr. Holdt stated current work on the three-year process of developing a conservation easement for the YMCA property at Snow Mountain Ranch takes precedence, but the YMCA is open to further discussions regarding a conservation easement on the Estes Park property. Planner Shirk pointed out that four property owners on the list of 130 who signed the petition against the development of staff housing along Tunnel Road have received variances to build closer to the road. Commissioner Klink noted that some of the petitioners have some of the most visible residences in the Estes Valley. Ms. Beidleman stated a number of the petitioners live out of state but own property in the area. Commissioners expressed the opinion that the proposed master plan is well received except for possible development of the reunion cabins along Tunnel Road. Holdt and Meyer stated the YMCA desires to provide reunion cabins in a variety of settings and would like to keep options for future development of the cabins open. It was moved and seconded (Klink/Eisenlauer) to recommend approval of the Master Plan for YMCA of the Rockies Estes Park Center, 2515 Tunnel Road, to the Larimer County Board of County Commissioners, with the findings and conditions DRAFT
RECORD OF PROCEEDINGS Estes Valley Planning Commission 8 February 20,2007 recommended by staff and with particular emphasis on finding #7, and the motion passed unanimously with one absent. FINDINGS: 1. This is a request for a master plan outlining future development of the YMCA of The Rockies Estes Park Center and includes waivers to several code standards such as curb/gutter and paving standards. It also includes additional restrictions to code stkindards such as outdoor lighting. Future development will be subject to standards set forth in the Estes Valley Development Code. 2. With the exception of specific waivers subject to approval of the Board of County Commissioners, the development plan complies with all applicable standards set forth in the Estes Valley Development Code. 3. The Master Plan is consistent with the policies, goals, and objectives of the Estes Valley Plan. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment. 5. This is a recommendation by the Planning Commission to the Larimer County Board of County Commissioners (who need to approve various waivers). 6. Approval of this plan provides a three-year vesting period pursuant to Article 68 of Title 24, C.R.S. The YMCA may request subsequent vesting period extensions with review by the Estes Valley Planning Commission and approval of the Larimer County Board of County Commissioners. 7. Because not enough information has been provided at this time, approval of this master plan does not include approval or disapproval to locate any development along the Tunnel Road frontage. Any future development in that area shall be subject to review and approval of the Estes Valley Planning Commission. CONDITIONS: 1. Future development shall comply with the approved Master Plan. Future plan amendments shall be presented to the Estes Valley Planning Commission for review. Staff shall be authorized to review minor plan revisions pursuant to Section 3.7 of the Estes Valley Development Code. 2. With the exception of waivers outlined below, development shall comply with the provisions of the Estes Valley Development Code and other applicable codes. 3. The YMCA of the Rockies shall present a report to the Estes Valley planning staff on a yearly basis (YMCA shall be responsible for scheduling this meeting in January or February). This report shall include a summary of the previous year's development activity, as well as intentions for the coming year. The purpose of this report is to ensure a high level of communication, and allow the Estes Valley Staff to inform the YMCA of development requirements such as changes to the Estes Valley Development Code and review timeframes to minimize delays in processing building permits and/or development plans. 4. Development plans shall not be required for the following development, as delineated in the Master Plan: entry features, replacement cabins, maintenance facilities, guesUfamily cabins, outdoor chapels, picnic/cookout shelters, restrooms/shower facilities, human resources complex, gathering spaces, or other small projects that do not individually exceed 2,000 square feet. Building and/or grading permits shall be required, and shall be subject to review and approval of the Estes Valley Planning Staff and applicable Larimer County Staff (such as engineering, building, and hehlth). Staff recommends the YMCA meet with planning staff prior to beginning design to discuss requirements. Staff reserves the right to require a development plan for individual projects should it be determined a building permit application does not contain adequate information to review for compliance with applicable sections of the Estes Valley Development Code. 5. At such time that Mountainside Drive is re-aligned, it shall be designed and paved to county road standards up the point of the proposed new alignment. From that point on up the hill, Mountainside Drive shall be built to rural standards set forth in the Larimer County Road Manual (adequate width, crown, ditch sections, and road, base; no paving or curb/gutter). The proposed alignment of Mountainside Drive shall be subject to review and approval of Staff to ensure proper stream setbacks are maintained and DRA-FT
e. RECORD OF PROCEEDINGS Estes Valley Planning Commission 9 February 20,2007 engineering standards-including Best Management Practice standards for drainage-are met. 6. Curb and gutter shall not be required for roads, unless necessitated by stormwater management requirements or sidewalks. Roadside drainage swales shall meet Larimer County standards or other, as approved by the Larimer County Engineering Department. 7. Photometric studies shall be included with all parking lot proposals. No parking lot lighting shall exceed fifteen feet in height. 8. Bollard-style lighting shall be used for any proposed lighting of pedestrian areas. 9. Staff recommends all existing outdoor lighting not necessary for security and/or safety purposes be turned off during non-operating hours. 10. Future cabin development and redevelopment shall be coordinated with the Trails Master Plan. 11. Paved sidewalks shall not be required along Spur 66 and interior streets and roads, except as delineated on the Land Use Master Plan (p. 25). Staff shall be authorized to approve alternative sidewalk materials such as pavers or finely crushed rock. Any alternative materials shall provide for ADA accessibility. 12. Parking lot interiors shall exceed the minimum planting requirements for parking lot interiors by twenty percent. For example, where the EVDC requires ten trees in a parking lot, twelve shall be required. 13. Additional development shall require verification of adequate water rights. 14. All new development shall require that regulatory signage, such as stop signs, meet MUTCD standards. Street signs shall be mounted at a standard height and have reflective lettering to be visible at night from Tunnel Road all the way to the proposed development. 15. All new development shall be addressed in accordance with the Larimer County addressing policies. 16. No increase in occupancy shall occur until evacuation and wildfire mitigation plans have been approved by the Larimer County Emergency Coordinator. The Estes Park Volunteer Fire Department Chief shall be consulted with on the preparation of these plans. 17. An exclusive southbound right-turn lane shall be constructed or guaranteed at the Tunnel Road-Kallenberg Drive intersection with the first traffic-generating phase of development, such as a new cabin. 18.The following roads that serve new lodges shall be paved to applicable standards concurrent with development (including parking lots): Friendship Lane, Kallenberg Drive, and Mountainside Drive. All other roads shall be exempt from paving requirements set forth in Section 7.12 of the Estes Valley Development Code. 19. Any additional right-of-way necessary to satisfy the 40-foot half right-of-way required for the portions of Tunnel Road that are adjacent to this development shall be properly dedicated no later than December 31, 2007. 20. A public pedestrian access easement shall be recorded for the existing trail along Tunnel Road no later than December 31, 2007. 21.The overall lighting plan mentioned on page 35 should be developed within the first year of approval. Entry lighting should be addressed first. 22. The YMCA shall discuss partnering with the Town of Estes Park and Rocky Mountain National Park to take part in the shuttle bus system. 23.The existing building inventory should be updated to include the two new reunion cabins. 24. The site-area calculations on page 11 should be finalized. 25. References to Estes Park Sanitary Sewer District should be corrected to Upper Thompson Sanitation District (see page 18). 26.The slope analysis map should include an average slope calculation. 27. The Trails Master Plan should be amended such that the "open space" and proposed reunion cabins do not conflict. 28. A map of the sanitary sewer easement shall be included in the master plan. DRAFT
RECORD OF PROCEEDINGS Estes Valley Planning Commission 10 February 20,2007 6. REPORTS Planner Chilcott: Lake Shore Lodge is planning to submit a revised development plan application. If the application is complete, the development plan will come before the Planning Commission in April. The plans that were formerly submitted but found to be incomplete are available for public viewing on the Town website. Commissioner Tucker requested a study session specifically for the Lake Shore application. Planner Shirk: The deadline for appeal of the Planning Commission decision to disapprove the Riverview Pines Development Plan 06-08 has passed. No appeal was filed. There being no further business, Chair Hull adjourned the meeting at 4:41 p.m. Betty Hull, Chair Julie Roederer, Recording Secretary DRAFT
Memo Date: March 21, 2007 TO: Town Board From: Gregory A. White RE: Evergreen Waterline Interconnect - Claim Assignment BACKGROUND: In September, 2002, the Town contracted with AISA Civil, Inc. for the installation of a new 12-inch watermain - Evergreen Waterline Interconnect Project. Cornerstone Engineering and Surveying, Inc. was retained by the Town for design and construction management services for the project. In March, 2004, the Town was informed of the failure of a service line to a private residence connected to the Evergreen Watermain installed by AISA. Upon inspection of the uncovered service line, it was discovered that the service line had been looped over the top of the old watermain rather than under the old watermain which resulted in the service line being buried, at that point, only approximately three feet below the surface of the road rather than the required five feet. In November of 2005 and again in January of 2007, additional service lines failed due to the lines also being looped over the old watermain rather than under as required by the contract specifications. The Town Staff has met with Cornerstone Engineering and Surveying, Inc. and Cornerstone Engineering has agreed to realign the improperly installed service lines on Evergreen Drive and contribute additional monies for future overlay of Evergreen Drive. As part of Cornerstone's agreement to realign the service lines, the Town Staff has agreed to request Assignment of any claim the Town has against AISA to Cornerstone Engineering. The accompanying Resolution approves the Assignment of any claim of the Town of Estes Park against AISA Civil, Inc. including, but not limited to, any claim under the Performance Bond, to Cornerstone Engineering in order to allow Cornerstone Engineering to pursue AISA with regard to this matter. BUDGET IMPLICATIONS: There are no budget implications.
STAFF RECOMMENDATION: Staff recommends approval of the Resolution assigning any claim of the Town against AISA Civil, Inc. to Cornerstone Engineering. 2
RESOLUTION NO. 5-07 WHEREAS, in 2002, the Town of Estes Park contracted with AISA Civil, Inc. for the installation of a new 12-inch water main known as the Evergreen Waterline Interconnect Project; and WHEREAS, Cornerstone Engineering and Surveying, Inc. was retained by the Town to provide construction management for the Evergreen Waterline Interconnect Project; and WHEREAS, beginning in 2004, water service connections from the installed water main to private residences have failed by freezing due to improper installation of those service line connections by AISA as part of the Evergreen Waterline Interconnect Project; and WHEREAS, Cornerstone Engineering and Surveying, Inc. has agreed to be responsible to the Town for the necessary repairs to the individual service lines in return for the Town assigning any claim it may have against AISA pursuant to the terms and conditions in the Contract including, but not limited to, any claim arising under the Performance Bond with regard to the Evergreen Waterline Interconnect Project. NOW THEREFORE, BE IT RESOLVED that: 1. Attached hereto as Exhibit A and incorporated herein and by reference, is the Assignment of the above referenced claim to Cornerstone Engineering and Surveying, Inc. 2. The Board ofTrustees hereby approve the Assignment of the claim including, but not limited to, the Performance Bond, to Cornerstone Engineering and Surveying, Inc. 3. The appropriate officials of the Town of Estes Park are hereby authorized to execute the Assignment set forth in Exhibit A and execute any other documents necessary to enable Cornerstone Engineering and Surveying, Inc. to pursue any claim the Town has against AISA Civil, Inc. arising out of the Evergreen Waterline Interconnect Project. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this 27th day of March, 2007. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk
1. This instrument prepared by: EXHIBIT "A" Howard M. Allen, Esquire Railey & Harding, P.A. 20 North Eola Drive Orlando, Florida 32801 ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS: For and in consideration provided by Cornerstone Engineering & Surveying, Inc. as set forth in its correspondence dated February 8,2007 and attached hereto as Exhibit "A", the Town of Estes Park hereby assigns any and all claims it has or may have against Aisa Civil, Inc., under the Agreement between the Town of Estes Park and Aisa Civil, Inc. dated September 17,2002, attached hereto as Exhibit "B", to Cornerstone Engineering & Surveying, Inc. The Town of Estes Park further assigns any and all claims it has or may have arising under Performance Bond #400SR4895 against St. Paul Fire and Marine Insurance Company to Cornerstone Engineering & Surveying, Inc. A copy o f Performance Bond #400SR4895 is attached hereto and incorporated herein by reference as Exhibit "C". This Assignment shall be effective as ofMarch 5,2007. Signed, sealed and delivered In the presence of: TOWN OF ESTES PARK By: Printed Name: Name: As its: Printed Name: CORNERSTONE ENGINEERING & SURVEYING, INC. By: Printed Name: Name: As its: Printed Name:
I. - - - - ---·- 1692 Big Thompson Avenue;-Suite 200 1 CORNE?STONE tr D '-" 4 7,1 Batzs Palk. Colorado 80517 Phone: (970) 586-2458 Pax: (970) 586-2459 Website: ccs-ccc.com ENGINEERING & G, ~ SURVEnNG.YNC - y Pebruaty 8,2007 MI. Bob Goeining, Utilities Ditectoi Town of Estes Palk P.O. Box 1200 Estes Pa[k, CO 80517 RE: Eveigieen Drive Waterline Dear Bob: Cornerstone Engineeiing & SuIveying, Inc. (CES) appieciates the opportunity to have met with the Iown of E stes Patk to discuss the status of existing pI'ojects, peiformance on previous projects and as-built dIawings The 2002 Water Looping PIOjects, which ihcluded Eveikreen Drive, have been a pIoblem since Asia Civil, Inc. installed the water lines. Four seivices have fiozen due to inconect or defective constuction techniques. CES proposes the following to coired the PIoblems with the waterline: 1, CES will provide copies of all existing contract documents related to construction ofthe _ Everween DIive wateiline to the Town of Estes PaIk and Greg White. / 2. CES will petfoim 100% excavation to expose all water seivice lines on Eveigreen DIive Selvice lines will be loweied as necessaIy to obtain a 5 foot minimum cover. In the event pIe-existing service lines installed prior to 2002 ate not at the required depth CES will notify the Town to detomine a course of action i*egarding those lines. 3. CES will patch the asphalt roadway following Town of Estes Paik standards. 4 CBS will provide $5,000 foi future overlay of Evergreen Dlive affected by the excavation woIk. 5 In the event anothet water SeIVice freezes CES will commence Iepaiis, at no cost to the Town, immediately after utility locates aIe peifoImed Work will commence on oI about ApIil 1,2007 andbe completed by May 15,2007 dependent 1 upon weather allowing asphalt patching in early May Work may commence earlier: pending . notification of ASIA Civil, Inc which may be required under Colorado statute EXHIBIT +i_
Bob Goehiing, Utilities DiIectoI COPY -a Evergieen DIive Wateiline Febtuary 8,2007 Page 2 Conditional upon CES petfoiming to the Iown's satisfiction, CES proposes the Town of' Estes ~ Paik assign a claim against ASIA Civil, Inc enabling CBS to pinsue cost and damage recoveIy on behalf of CES and the Town of Estes Park foi repain to the Evergreen DIive waterline. In the event the claim is resolved in favot of CES and the Town of Estes Patk the Town will be reimbursed for the amount ofthe costs incuIr ed for repais of' the EveIgreen Drive wateiline. In the event costs are not recoveied from the claim CES pIoposes a meeting with the Iown to determine an equitable reimbuisement of costs from CES to the Town of Estes Paik Cornetstone Engineering & Sufveying, Inc„ appreciates the opportunity to correct the existing problems with the Evergreen DIive waterline. Please contact me if the above proposal is satisfactory to the Town I look foIward to healing hom you Sinceie11, AA. CorneIptone En~~g & Surveying, Inc tfulj heIry M. Prbchaska, P E thincipal cc: Gieg White /
1. 2, UCRY SECTION 00520 AGREEMENT STATE OF COLORADO ) #SS, COUNTY OF taR \rn Ef ) THIS AGREEMENT AND FORMAL. CONTRACT', made and entered into thisj 7 day of ~Of- <23=1.-1 by and between TOWN OF ESTES PARK ,party of the first part, hereinafter called the "OWNER", and Alsa Civil, Inc. , a Corporation (individual, Partnership, or Corporation) ofthe City of Broomfield , County of Boulder , State of Colorado , hereinafter called the "CONTRACTOR"party of the second part, WITNESSETH, that whereas the OWNER intends to construct 2002Town of Estes Park Water LooDing Proiects- Country Club Drive and Bia Hom Drive, hereinafter called the Work, in accordance with the Drawings, Specifications, and other Contract Documents prepared by Cornerstone Enaineerina and Surveying, Inc. NOW, THEREFORE, the OWNER and CONTRACTOR for the considerations hereinafter set forth, agree as follows: 1 The CONTRACTOR asees to furnish al[ the necessary labor, materials, equipment, tools and services necessarytoperform and complete in a workmanlikemanneraliwork required forthe construction ofthe Work, in strict compliance with the Contract Documents herein mentioned, which are hereby made a part of the Agreement, induding the following Adderida: Addendum No Date 001 08/07/2002 002 08/07/2002 a) Contract Time: The CONTRACTOR agrees tocommenceworkunderthis Contract in accordance with the written Notice, to Proceed, and to finally complete the Work wRhin 90 calendar days of the commencement of the Contract Time as defined in the General Conditiohs of the Contract. b) Sub-Contractors: The CONTRACTOR agrees to bind everysub-contractor bytheterms oftheContract Documents. The Contract Documents shall not be construed as creating any contractual relation between the Sub-Contractor and the OWNER 2 The OWNER agrees to pay, and the CONTRACTOR agrees to accept, in full payment for the performance of this Agreement, and in accordance with Section 00300 of the Contract Documents, the Contract Amount of: Three hundred seventy eight thousand. nine hundred thirtv six and 00/100 Dollars ($ 378,936.00 ), plus anyand all sums to beadded and/or deducted resulting from all extra and/or omitted work in connection therewith, as authorized underthe terms as stated in the General and SupplementaiyConditions, all in accordance with the terms as stated in the Contract Documents 11/93 .1./1 '1 Section 00520 - Page 1 of 4 EXIIIBIT [7).
a) Progress Payments will be made in accordance with the General and Supplementary Conditions of the Contract Documents. b) Progress Payments will be in the amount equal to ninety percent (90%) of the calculated value of the Work completed until fifty percent (5056) of the work required by the Contract Documents has been completed. At such time, OWNER shall have retained funds to five percent (5%) of the total Contract Amount. The amount retained as provided above will be withheld by the OWNER until completion of the Agreement to ensure faRhful completion of the Work under the terms of the Contract Documents. c) Upon completion and acceptance of the Work in accordance with the Contract Documents, OWNER shall pay the remainder of the Contract Amount after publication by the OWNER in accordance with Colorado statutory requirements. 3 Contract Documents It is hereby mutually agreed that the following list of instruments, plans, specifications, and documents which are attached hereto, bound herewith or incorporated herein by reference shall constitute the Contract Doduments, all of which are made a part hereof, and collectively evidenced and constitute the Agreement beN,een the parties hereto, and they are fully a part of the Agreement as if they were set out verbatim and in fu31 herein, and are designated as follows: a) Instructions to Bidders b) Bid Proposal c} Bid Bond d) Notice of Award e) Agreement f) Performance and Payment Bonds g) Certificates of Insurance, Policy Endorsement h) Notice to Proceed General Conditions j) Supplementary Conditions k). Technical Specifications D Drawings m) Addenda 4. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence in this Agreement and that the OWNER will suffer financial loss ifthe Work is not complete within the time specified in paragraph 1.a) above, plus any extensions thereof allowed in accokdance with the General Conditions They also recognize the delays, expense and difficulties Involved in proving, in a legal proceeding, the actual loss suffered by OWNER ifthe Work is not complete on time Accordingly, instead of requiring any such proof, OWNER and CONTRAC1OR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $0.00 for each calendar day that expires after the time specified in paragraph 1.a) for final completion until the Work is finally complete. 5 Contractor Representations , In orderto induce OWNER to enter into this Agreement CONTRACTOR makes the following representatjons: a) CONTRACTOR has familiarized hjmseifwith the nature and extent of the Contract Documents, Work, locality, and with ali local conditions and federal, state, and local laws, ordinances, rules and regulations j that in any manner may affect cost; progress or performance of the Work. 1 Section 00520 - Page 2 of 4 11/93
b) CON TRACI-OR has studied carefully the Contract Documents and all other items otherwise affecting cost, progress or performance of the Work which were relied upon by the Engineer in the preparation of the Contract Drawings and Specifications and which have been identified in the Supplementary Conditions as a part of the Contract Documents. c) CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 5 b) as he deems necessary for the performance of the Work at the Contract Amount, within the Contract Time and in accordance with the other terms and condRions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes, d) CONTRACTOR hascorrelated the results of allsuch observations, axaminations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. e) CONTRACTOR has given Engineer written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and thewritten resolution thereof by Engineer is acceptable to CONTRACTOR 6 0 Miscellaneous a) Terms used in this Formal Contract which are defined in Article 1 ofthe General Conditions shall have the meanings indicated in the General Conditions ; b) No assignment by a paity hereto of any rights under or interests in the Contract Documents will be ; binding on another party hereto without the written consent of the party sought to be bound: and I specifically butwithout limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect ofthis restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibili4 under the Contract Documents. c) OWNER and CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to al{ covenants, agreements and obligations contained in the Contract Documents d) No mechanic, contractor, sub·contractor, materialman or other person can orwil] contract for or in any manner have or acquireany lien upon the Work covered bythis Agreement, or the land upon which the same is situated e) The amount of money appropriated by the contracting public entity, for public w'Orks projects, is equal to or in excess of the Contract Amount f) The Agreement prohibits the issuance ofany written Modification or other form of order or directive by the Owner requiring additional commensurate Work to be performed, which Work causes the aggregate amount payable under the Agreement to exceed the Contract Amount appropriated for the Original Agreement, unless the Contractor is gjven written assurance by the Owner that lawful appropriations to cover the costs of the additional work have been made or unless such work is covered under remedy-granting provisions in the Agreement 11/93 Section 00520 - Page 3 of 4
SIGNATURES: OWNER: TOWN OF ESTES PARK DATE: 9 %11 j z- BY: nTLE: (51 r.2 . b·Li ' (at- UP '1.- 1 } 177 Arl ATTEST: 1 Z W. L- Crw v T'I'TLE: L J L O V Address for giving notices: P. O. BOX 1200 I ESTES PARK CO 80517 CONTRACTOR: Al LA GO • i. ) 6>t DATE: -)13/T 21,0 ~. BY: RiA- 2. TrrLE: ,~ZE< /1/PH·1-- *frES·T: AA *thl TITLE: @tieor ANAoipt Address for giving notices: /1 61>1 1-J f*O GO der, r )14 o ,) 4 f-4 1 .l c <. - 'i.--- **.**i-- Section 00520 - Page 4 of 4 11/93
SECTION 00610 7-1~ rl PERFORMANCE BOND Bond No._MOSE-4895 KNOW ALL MEN BY THESE PRESENTS: that (Firm) AISA CIVIL, INC. (Address) 11605 Wadsworth Boulevard, Broomfield, Colorado 80020 (an Indivlduar), (a Partnership), (a Corporation), hereinarler refemed to as "the Principar, and (Firm)_ ST. PAUL FIRE AND MARINE INSURANCE COMPANY St. Paul, Minnesota (Addiess) herelnalter referred to as "tho Suretf, are held and lirmly bound unto - TOWN OF ESTES PARK , a Municipal Corporation hereinafter referred to as 'the Owner, in the penal sum of THREE HUNDRED SEVENTY. EIGHT THOUSAND NINE HUNDRED THIRTY SIX AND NO/100 --- -($378,936.00) Dollars In lawful money of the United States, for the payment of which sum well and truly to be made, we bind our-solves, successors and assigns. jointly and severally, firmly by these presents. THECONDITIONS OFTHIS OBUGATION aresuch thal whereas the Principal entered into a certain Agreement with the Owner, dated h 24 day of f Ly>' 0 , 20.61 a copy of which is hereto attached and made apart hereof for Ae performance of the Work. 2002 TOWN OFES1ES PARK WATER LOOPING PROJECTS NOW, THEREFORE, if the Principal shall well, hu}y and Talthfully perform RE duties, all the undertakings, covenahts, terms and conditions of sald Agreementduring the original Contract Time thereof, and any extenstons thereof which maybe granted bythe Owner, with orwRhout Notice to theSurety and during the life cf the warranty period, and itshatl saltsly aH claims anddemands incurred undersuch Agreement and shall fully Indemnilyand save harmless the Owner from all cost and damages which it may suffer by reason of faliure to do so, and shall reimburse end repay the Owner al! outjay and expense whtch the Owner may incurin making good any default. and then this obligation shall be void: otherwise to remain In full force and effect. PROVIDED, FURâ„¢ER, that the said Surety.forvalue received, herabystipulates andegreesthatnochange, exlension of time, alteratton or addition to the terms ofthe Agreement or to the Wofic to be performed themunder or the Contract Documents accompanying the same shaltln anyway affect Its obligation on this bond; and it does hereby waive notice of any such change, extension of time. alteration oraddition to the terms of the Agreement or to the Work or to the Contract Documents. PROVIDED, FURTHER, that no final settlement between the Owner and the Conuactor shall abridge the right of any beneficiary hereundet, whose claim may be unsatlsfied. IN WITNESS WHEREOF, this Instrument Is executed in five (5) counterparfs, each one of which shall be deemed an original, this -+ day of .657>*- , 20.A., 11/93 Section 00610 -Page 1 of2 EXHIBIT ~Q.J
PRINCIPAL ATTEST: Principac AISA CIVIL, INC. 444 - ay: B~ A€04 2- i Title: 4420;goi- IN\u-u,~ -x* r p .1 ~ Li i i 11605.Wadsworth Boulevard Z 1 (Address) Broomfield, Colorado 80020 Corporate Seal) 1 SURETY ~ 1 7iXIESSX i WITNESS: Surety ST. PAUL FIRE AND MARINE INSURANCE COMI 1 1 "of cli 0 Legic/lk) 4 La-kih= Ittr--3 sy: By: Alm n Salli Phillips, -Denver, Cotor#io Sdati J. La!*21£2irulo ~ Attorney-·In-Fact, Susan J.· Lattarulo Title: Attorney-in-Fact - P. 0. Box 469025 1 Denver, Colorado 80246 (Address) (Surety Seal) NOTE: - Date'bf Bdid rbust ildt be prior ID data of Agreement ! IMPORTANT. Surety Company must be authorized to fransact business in the State of Colorado and be acceptable to the Owner Hilb, Rogal and Hamilton Company 11 HRH 0? C--·n.~ ·bf 71 70> 4882 : ; N y ·2· ·,-.r. 7.*· EC" C '40.-6 21 1 i Surety bonds and insurance Section 00810 - Page 2 of 2 11/93
Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner -EWK Date: March 27,2007 Subject: Amended Plat; Timberlane Subdivision and Brookside Annexation Background. In December 2004, the Town Board approved the Trendwest , 4 Planned Unit Development. That YA \ U approval provided for sixty-six 41 t-0 1 accommodation units, which are 2 I nearing completion, and included a \ 90-/ ~ condition that the existing four lots be -4 combined through the amended plat process. This plat is intended to fulfill that condition of approval. The plat was originally approved in \ ---1/ 0-=-tx f 1 08 2006, but was not recorded within the allotted timeframe. Therefore, the applicant has resubmitted this plat. If the plat is not recorded within sixty (60) days of Town Board approval, the property will be cited for being in violation of their zoning approval. Budget. N/A Action. Staff recommends APPROVAL of the Amended Plat of Lots 1 and 2 and Outlot A of the Timberlane Subdivision and Tract 1 of the Brookside Annexation CONDITIONAL TO: 1) The dedication statement shall be revised as such: (ili)(B) "The Town shall be responsible for maintenance and repair of the trail." The verbiage "in substantially the same condition..." shall be removed from the plat.
Estes Park Housing Authority ~623-,t#A v43*ti#Trf*--•,-822».NN* R €AU· 1 '' b'irT. January 16,2007 Honorable Mayor John Baudek Town of Estes Park. P.O. Box 1200 Estes Park, CO 80517 Dear Mayor Baudek: It is with great pleasure that the Board of Commissioners for the Estes Park Housing Authority recommends renewing Mr. Jack Dinsmoor's term as Commissioner on the Estes Park Housing Authority Board. If approved by the Board of Trustees, Mr. Dinsmoor will serve a five-year term commencing on April 12,2007 and expiring on April 12, 2012. We respectfully request the Board of Trustees accept our recommendation. Mr. Dinsmoor has faithfully served on the EPHA Board since April of 2002. Both the Board and Mr. Dinsmoor look forward to another successful 5 year term. Jacks passion for affordable housing, his strong desire to serve the community and his constant level of dependability equals a win-win situation for the Housing Authority and the residents of our community we serve. Should you have any questions or concerns on this matter, please do not hesitate to call. 52™~erely. U»Allup Rita Kurelj a Executive Director Estes Park Housing Authority cc: Eric Blackhurst OPPDATINITY (970) 577-3730 • RO. BOX 1200 • 170 MAC CREGOR AVENUE · ESTES PARK, CO 80517 • FAX (970) 586-0249
. 4EMORANDUM Community Development To: Town Board of Trustees From: Bob Joseph Date: March 12, 2007 Subject: HDR Scope of Services for Population Projections Background: A Scope of Services was approved in January 2007 for a Svstem Development Fee and Water Demand Studv. HDR is to complete this work bv June 2007. This original scope of work for the potable water demand projections assumes that estimates provided by the Town would be utilized for required land use information, from the Estes Valley Comprehensive Plan. The final scope of work for the Comp Plan update has not been settled and the build-out analysis element of this work would not be likely to come until later this year if we do not take advantage of the opportunity to expand the HDR scope to encompass this piece. It is advantageous to incorporate this build-out analysis earlier into the water demand study for consistency between the two planning studies, and to obtain a higher confidence level with the growth projections. The Estes Valley Comprehensive Plan provided an estimate in 1996 of the Valley's build-out population and land use. Ten years have passed, and it would be worthwhile to revisit that projection to verify and update the numbers as needed to reflect current conditions. Staff would like to take this opportunity to perform this update in conjuction with the Water Demand projections that HDR will provide this spring. This is only the first step in the Comprehensive Plan update, and is an important element in the projection of future demands on the Town's water system. dditional Comp Plan updates will be performed independently within the context of the existing zoning and regulatory framework of e Estes Valley Development Code . However, using HDR for the Population Proiection studv and the Water Demand Studv will add continuitv to our communitv's long-range planning. The next step to be taken with the Comp Plan update is to settle on the remaining scope of work, and then prepare an RFP accordingly. The RFP should be ready by the first of June. A scope of work for a Population Projection study from HDR expands the demand analysis to include current and future land use. HDR will review the 1996 Comp Plan population projection methodology. The engineer will then use GIS and existing zoning information to establish current land use percentages for residential, commercial, and industrial uses. HDR will develop a population projection for build-out based on the allowances for future development now found within the context of our present regulatory framework and existing zoning. HDR will summarize population projections in the form of an expected growth curve and explain how to interpret these results. The additional cost of this work is $14,808 Based on preliminary discussions with the planning consulting firm ForeSee Consulting, just the comp plan build-out projections would have cost approximately $9000. It is staff' s opinion that the price for combination of this analysis and the population study is reasonable. This also provides for a more timely input of this information into the water demand analysis. Budget: $7,000 - Funded by Comprehensive Plan Funds 101-1100-411.22-98 $7,808 - Funded by Water Department 503-6500-560.22-02 $14,808 Total for HDR Population Projection Recommendation: Expand the HDR scope of services to include Comp Plan population update for an additional $14,808. This work to be completed within 9 or 10 week from the notice to proceed.
Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola Date: March 23,2007 Subject: McDonald Transit Associates, Inc., Contract Background During the summer of 2006, the Town provided free shuttles along Big Thompson and Elkhom Avenues. The program was well received resulting in 18,764 riders on the "Shopper Shuttle" during its inaugural season. The contract signed with McDonald Transit (aka, Rocky Mountain Transit) was for three years covering east Highway 34 and downtown along Elkhom Avenue. The agreement covered service from approximately July 1 through Labor Day of each applicable year. At the Mayor's request, staff began researching a third route with McDonald last fall. This third route would provide a "campground" route ("green route" on the attached draft map). In addition to this new route, staff also proposes adding weekend coverage through September. This new route would be a 1 hour loop starting from the Town's visitor center. The route for the "campground" shuttle is proposed as: start at the visitors center then to Highway 7, Peakview Drive, Marys Lake Road, Highway 66 (Adams Tunnel Road), Park Visitor Center and return to visitor center via Moraine and Elkhom Avenues. Stop locations are still being evaluated but the objective is to provide service to the various campgrounds located along this route. McDonald will provide a similar bus as used on the 2006 routes, however, in the event of failure of any bus (Town's use or Park) the backup vehicle will be a school-type bus. The original agreement with McDonald established the 2007 service cost at $98,870. The additional route and September weekend coverage adds 1,458 service hours for an additional cost of $62,694. In addition, due to increases in fuel prices, there will be an additional $1,000 for fuel. Total contract cost for 2007: $162,564. The Town will pay a deposit prior to the service period to minimize its exposure to fluctuating fuel costs. Budget Existing and expanded coverage cost: $162,564. The 2007 budget (page 169-70) is $148,870 (101-5600-456.22-60) for contract services and an additional $7,000 for other costs such as signs and printing of maps. If the Town Board supports both the new route and the September weekend coverage, there is a shortfall of $13,694 in the appropriation for the contract. Given the expansion of service, staff recommends maintaining the $7,000 for incidental costs. Options for covering the additional costs include a supplemental appropriation of unrestricted fund balance from the General Fund or allocating the monies
\ .. from the General Fund Contingency line ($100,000 budgeted and approximately $83,184 currently available). Action Staff requests consideration of the expanded McDonald Transit Associates, Inc. contract.
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