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HomeMy WebLinkAboutPACKET Town Board 2018-06-12The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 12, 2018 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT.  Update on Policy 3.1 Customer Service. 1. CONSENT AGENDA: 1. Town Board Minutes dated May 22, 2018, Study Session Minutes dated May 22, 2018, and May 31, 2018. 2. Bills. 3. Estes Valley Board of Adjustment Minutes dated April 3, 2018 (acknowledgement only). 4. 2018 Shuttle Services Contract with McDonald Transit Associates, Inc. 2. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. FINAL TOWNHOME PLAT, Raven Rock Townhomes, Promontory Drive at Marys Lake Road, Applicants James R. Mackey And Susan M. Mackey. Director Hunt. 3. ADJOURN. Prepared 06/01/2018 1       2 TOWN BOARD MEETING June 12, 2018 Town Administrator Report: Update on Policy 3.1 Customer Service A Memo Will Not be Provided for This Item 3       4 Town of Estes Park, Larimer County, Colorado, May 22, 2018 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 22nd day May, 2018. Present: Todd Jirsa, Mayor Trustees Carlie Bangs Marie Cenac Patrick Martchink Ron Norris Cody Rex Walker Ken Zornes Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Jirsa called the regular meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Cenac/Martchink)to approve the Agenda,and it passed unanimously. PUBLIC COMMENTS. Pat Newson/Town citizen welcomed the citizens to the Memorial Gardens to celebrate the 34th anniversary of the Gardens on Memorial Day and to recognize those that have served our country. TOWN BOARD COMMENTS Trustee Zornes stated he attended the recent Wasteshed meeting and the Visit Estes Park Executive candidate presentation and citizen meet and greet. He invited the citizens to the Memorial Day services at the Garden, pancake breakfast at the American Legion and a ceremony at the Veteran’s Memorial monument. Trustee Norris stated the Family Advisory Board (FAB) would hold a special meeting to hear a presentation from the Economic Development Corporation (EDC) on workforce housing on May 24, 2018. The Estes Valley Planning Commission (EVPC) continues to discuss increasing the number of meetings, changing meeting times, and producing meeting minutes for the study sessions held prior to the regular meetings. All efforts are to provide citizen input. The EVPC would review the residential vacation home cap of 588 which was reached in the past two weeks. He reviewed the Planning Commission agenda, including the approval of a Special Review for Eagle Rock School and the denial of a rezoning request for the property directly behind the Twin Owls Lodge. Trustee Walker attended the recent EDC meeting. He commented the Town should determine the value of the $40,000 annual funding; what does the EDC complete annually based on their mission; would the Town complete the tasks on its own; and does the EDC complete the tasks at a less expensive manner than could be completed by the Town. Trustee Bangs attended the Transportation Advisory Board meeting in which the five and ten year objectives and budget were reviewed. The Board discussed recommendations for the Town Board’s strategic plan meeting in June.DRAFTdmidmi kk order at r at 7:007:00 p.mp.and a enac/Martchinkartchink))to to approappro zenen welcomed the citizenwelcomed the citizen y of the Gardens on Meme Gardens on Mem ry.ry. ARD COMMENTSARD COMMENTSDnes nes stated he attendestated he atte candidate presencandidate prese ay servicesay services he Vethe Vet 5 Board of Trustees –May 22, 2018 –Page 2 Trustee Cenac attended the Mayor’s Chat this month. She proposed the Board hold a similar Trustee Chat in the evenings to hear from the citizens. Trustee Martchink commented the Parks Advisory Board met and received a Parks update including several project updates. The Board discussed the importance of expanding the greenhouse due to an increase in plantings around town. TOWN ADMINISTRATOR REPORT. No items were reported. 1. CONSENT AGENDA: 1. Town Board Minutes dated May 8, 2018 and Study Session Minutes dated May 1, 2018 and May 8, 2018. 2. Bills. 3. Transportation Advisory Board Minutes dated April 18, 2018 (acknowledgement only). 4. Parks Advisory Board Minutes dated April 19, 2018 (acknowledgement only). 5. Estes Valley Planning Commission Minutes dated April 10, 2018 (acknowledgement only). 6. Appointments to the Transportation Advisory Board. a. Linda Hanick to complete the term of Ken Zornes expiring on March 31, 2019. b. Ron Wilcocks, 3-year term expiring March 31, 2021. c. Janice Crow, 3-year term expiring March 31, 2021. 7. Intent to Annex Resolution #09-18 Eshelman Addition, 1901 Fish Creek Road, Public Hearing date scheduled June 26, 2018. It was moved and seconded (Martchink/Cenac)to approve the Consent Agenda, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS:(Outside Entities). 1. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY UPDATE. Kent Smith/Vice President provided an update on the organization, including and update on the current board members, no membership dues until the fall to give people a chance to try out the organization, a new postcard to all new businesses, continue the Explore Your Store events, and continue the development of additional membership opportunities. 2. FACILITATING ALTERNATIVE HOUSING OPTIONS WITHIN THE ESTES VALLEY.Amber Groll, University of Colorado Denver Master of Urban and Regional Planning graduate presented her Capstone project on alternative housing options in Estes Park, including accessory dwelling units. The study included the review of 35 other Colorado mountain communities. She stated the lack of workforce housing is due to a growing population, increased housing demand, high housing cost and median rent of $2,200, second home ownership, and increased tourism. She stated 85% of employers are impacted and 28% of the workforce commutes 25 or more miles. She recommended the Town update the Comprehensive Plan and Development Code to allow for and encourage ADUs in all residential zoning districts, reduce minimum lot size requirements, standardize unit sizes, create clear fee schedule, require homeowner occupancy, prohibit short-term rentals of ADUs, increase permitted lot coverage, grandfather non-conforming ADUs, create a streamlined implementation process, and create an ADU program. ADUs would increase the housing options, increase housing DRAFTated ated 9, 2018 (acknowledge9, 2018 (acknow on Minutes dated Apon Minutes dated Ap ation Advisory Boardation Advisory Bo . lete the term of Ken Zornte the term of Ken Zo year term expiring March m expiring March year term expiring Marchyear term expiring x Resolution #09x Resolution #-18 Eshe8 Esh ring g date scheduled Junedate scheduled June d and secondedd and seconded ((MartchM sed sed unanimouslyunanimously. TS AND DISCUSSIOTS AND DISCUSDALLEY PAALLEY PADiceicePP 6 Board of Trustees –May 22, 2018 –Page 3 stock, create infill development, provide additional income, allow aging in place and use existing infrastructure. 3. PLANNING COMMISSION ITEMS: 1. CONSENT ITEMS: A. FINAL TOWNHOME PLAT,Raven Rock Townhomes, Promontory Drive at Marys Lake Road, James R. Mackey And Susan M. Mackey. Request for continuance to June 12, 2018. It was moved and seconded (Norris/Bangs)to approve the Planning Commission Consent Agenda, and it passed unanimously. 2. ACTION ITEMS: A. ORDINANCE #09-18 REZONING FROM CH-COMMERCIAL HEAVY TO CO-COMMERCIAL OUTLYING, 920 DUNRAVEN STREET, JOSE TRINIDAD GONZALES RUIZ, MARK NEWENDORP.Mayor Jirsa opened the public hearing. Planner Becker presented the application to rezone the property from CH –Commercial Heavy to CO –Commercial Outlying to allow for a microbrewery/tasting room. The site has 19 parking spaces and requires little modification to provide indoor and outdoor seating areas. The current uses in the area are a mix of commercial, office and commercial heavy activities. A Development Plan and lot consolidation for the property has been submitted and continues to be reviewed by staff and affected agencies. Mark Newendrop/Brewery Owner stated the purchase of the building and opening of the new business was conditional on the approval of the rezoning request. The new business would provide jobs in the community. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance. It was moved and seconded (Walker/Martchink)to approve the Zoning Map Amendment and Ordinance #09-18 to rezone Lots 12 and 13 Quasebarth Resubdivision, 920 Dunraven Street from CH-Commercial Heavy to CO- Commercial Outlying, and it passed unanimously. B. ORDINANCE #10-18 REZONING FROM E-ESTATE TO RM-RESIDENTIAL MULTI-FAMILY, STANLEY AVENUE TOWNHOMES, 260 STANLEY AVENUE.Major Jirsa opened the public hearing. Planner Becker presented the application to rezone the property from E-Estate to RM-Residential Multi- Family to combine the lot with an adjacent RM zoned lot for the purpose of developing a townhome development project. The subject property recently had a Final Plat approved on May 8, 2018 approving a split of the two (2) lots into eight (8) lots for residential use and two (2) Outlots referred to as A and B. In addition, the applicant has submitted the Stanley Avenue Townhomes Development Plan as a site plan review. The applicant is under contract with the Town (current owner) to purchase the subject property (small triangular tip to the north) encompassing 0.07 acres in order to achieve the allowable density for development of the eight (8) workforce housing townhomes. The applicant intends to use the 0.07-acre parcel as a detention pond for the Stanley Avenue Townhomes Development. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance. It was moved and seconded (Norris/Bangs)to approve the Zoning Map Amendment and Ordinance #10-18 to rezone a Portion of Lot 20, Little Prospect Subdivision, 260 Stanley Avenue from E-Estate to RM-Residential Multi-Family, and it passed unanimously. 4. ACTION ITEMS: 1. RESOLUTION #10-18 SUPPORTING IMMIGRATION REFORM.Rene Moquin/Concerned Citizens for our Immigration Community read a prepared DRAFTTAVEN AVEN TNDORP.NDORP Ma Ted the applicationed the app CO CO ––Commercial OutlCommerc te has 19 parking spaces ate has 19 parking spa and outdoor seating areasnd outdoor seating area ommercial, office and coommercial, office and co n and lot consolidatid lot conso on fo s to be reviewed by staff as to be reviewed ery Owner stated the puOwner stated the pu usiness was conditional s was conditional o business would provide jobusiness would provide jo losed the public hearing. losed the public hearing d and seconded and seconded ((WalkerWalker ment and and Ordinance #09Ordinance #09 bdivision, bdivision, 920 Dunraven920 D mmercial Outlyingmmercial Outlying,,and a ORDINANCE #10ORDINANCE #10--18 RDULTIULTI--FAMILY, STFAMILY, DNUE.NUE.Major JMajor JDcation cation coco 7 Board of Trustees –May 22, 2018 –Page 4 letter dated April 25, 2018 requesting the Board consider the adoption of the proposed Resolution to support immigration reform and support the immigrant population who support the local economy. He further stated the economic, social, and cultural survival of the community would be threatened unless the citizens come together to support the local immigrant population. He read the Resolution in English followed by Jose Almeida in Spanish. Those speaking in support of the Resolution included Lois Olson/Town citizen, Carlos Degaldo/Town citizen, and Jose Almeida/Town citizen. Comments included the United States was founded by immigrants, the laws should respect all and welcome all, the Resolution supports the immigration process, immigrants want to be apart of the community and help the community, and the Board has an obligation to lead and pass Resolution that would show support for positive change in the immigration process. Millicient Cossie/Town citizen spoke in opposition to the Resolution stating America is the melting pot of legal immigration. Immigration has always been a difficult process and not all that came to America made it through the process. She supports the laws and legal immigration. Board comments followed and have been summarized: the issue of immigration has become a partisan issue with both sides wanting to fix the issue and the proposed Resolution is bipartisan; the proposed Resolution was reviewed by the Town Attorney White and Police Chief Kufeld as it relates to sanctuary community concerns; the language is symbolic rather than substantive; and immigrants are important to the community. It was moved and seconded (Norris/Zornes)to approve Resolution #10-18, and it passed unanimously. 2. MEMORANDUM OF UNDERSTANDING WITH ROCKY MOUNTAIN PERFORMING ARTS CENTER.Town Attorney White prepared a Memorandum of Understanding (MOU) between the Town and Estes Performance Inc. (EPIC) to site a performing arts complex on 4.5 acres of Stanley Park located on the southwest corner of Community Drive and Highway 36 if milestones set forth in the agreement are met. If EPIC meets the requirements, the Town and EPIC would enter into a Ground Lease with a 20-year initial term and require EPIC to be responsible for all cost of the design, construction and operation of the performing arts complex. EPIC would be required to raise a total of $11 million in pledges and gifts on or before March 1, 2019 with an option to extend the deadline to June 1, 2019, and an additional $16.75 million on or before December 1, 2019. The MOU would automatically terminate if the funds are not raised. Administrator Lancaster further stated the MOU would have to be incorporated into the Master Plan and the MOU states any Town facilities displaced would have to be replaced at the cost of EPIC. Board comments were heard and summarized: questioned the term fundraising and whether or not EPIC would be expected to have the funds in the bank or would pledges suffice; questioned what happens to any buildings on the property if EPIC walked away from them; stated concern with the location on the Stanley Park property and the need to move the current facilities in the location outlined in the MOU; and the addition of parking and not utilizing shared facilities to limit the need for new concrete and asphalt on the property. Charley Dickey/Town citizen stated support for the EPIC project. He questioned how the Board could approve the location for the performing arts complex on the Stanley Park property prior to the completion of the Master Plan and without receiving public comment. Stan Black/EPIC Board member commented a pledge is a legally binding contract between EPIC and the donor with specific language on when and how the funds can be collected. The proposed location on the Stanley Park property DRAFTatat ade it tade it mmarized: mmarized: the issue ofthe is des wandes w ting to fix the issto fix th roposed Resolution was reoposed Resolution was r Chief Kufeld as it relatChief Kufeld as it relat ge is symbolic rather thasymbolic community.community. ed ((Norris/ZornesNorris/Zorne )to apto ap sly. OF UNDERSTANDINGOF UNDERSTAN RAARTS CENTER.ARTS CENTE Town Attown A RAing (MOU) between the Tng (MOU) between the T erforming arts complex onming arts complex on st corner of Community Dst corner of Comm reement are met. Ifreement are met. If EPIE ld enter into a Ground Leld enter into a Ground Le responsible for all cosresponsible for al ming artming ar s complexompl es and gifts es and gifts June 1,June 1, MM 8 Board of Trustees –May 22, 2018 –Page 5 has been identified by EPIC as the best location. The sketch provided for the purpose of the MOU was completed with a rough layout of the types of facilities that could be located on the property and not necessarily the final locations. EPIC anticipates being involved in the Master Planning process. In order to begin the fundraising campaign this season, the MOU would be needed to assure donors EPIC has a location for the theater. A delay in approving the location until after the Master Planning process would require EPIC to suspend fundraising until a final decision could be made by the Town. The MOU would allow EPIC 4.5 acres of contiguous property at the fairgrounds Further discussion was heard by the Board: questioned if the Master Plan does not determine the current location is the highest and best use for a performing arts center would EPIC support a new location on the property; stated concern with committing to the MOU before the community has provided input; and the Board requested the MOU at a pervious meeting thereby supporting the facilities at the fairgrounds. Any changes to the MOU would have to be approved by the EPIC Board. Trustee Norris suggested additional language be added to B.1 Location to include the following: the final location of the 4.5 acres may be revised based on the Master Planning process. Mr. Black stated EPIC would have to complete an additional cost estimate for the specific location identified, adding costs and delaying the construction of the project. A substitute motion was offered, it was moved and seconded (Zornes/Martchink) to approve the Memorandum of Understanding with the Rocky Mountain Performing Arts Center with no amendments,and the motion failed with Mayor Jirsa, Mayor Pro Tem Walker, Trustee Cenac, and Trustee Norris voting “No”. With the failure of the substitute motion the original motion was considered. It was moved and seconded (Norris/Bangs)to approve the Memorandum of Understanding with the Rocky Mountain Performing Arts Center and the Town of Estes Park with the addition to B.1 Location to add the following: The final location of the 4.5 acres site may be adjusted based on the results of the Town Master Plan, and it passed with Trustee Martchink voting “No”. 3. RESOLUTION #11-18 SUPPLEMENTAL BUDGET APPROPRIATION.Director Hudson presented a Resolution to amend the 2018 Budget to appropriate funds for the Stanley Park Master Plan, electric trolley project, the Community Drive/US Hwy 36 Intersection project and the Moraine Avenue Bridge project along with the matching grant funds. The Master Plan would be funded through funds received from CIRSA for a claim to the arena footing in the mount of $124,991.50. The amendment would appropriate $460,000 for the acceptance of a new electric trolley and grant funds in the amount of $360,000. Parking structure project savings were earmarked for the grant match. The Town was awarded additional CDBG grant funds in the amount of $293,057 to cover the costs of scope changes and efforts to accelerate work due to unanticipated delays for the Moraine Bridge project. Staff has requested $14,000 for design cost to explore a roundabout in lieu of a turn lane at Community Drive and US Hwy 36 and an additional $102,500 for construction. Stan Black/Transportation Advisory Board member stated all aspects of the intersection have been studied by the TAB and the Board supports a roundabout at this location. Nathan Richardson/Town citizen stated a roundabout in this area could be problematic for the school students driving to the High School. It was moved and seconded (Martchink/Walker)to approve Resolution #11- 18, and it passed unanimously.DRAFTe added toe add acres maacres may be revy d EPIC would have to d EPIC would h ocation identified, addingocation identified, ad ered,it wasit was moved the Memorandum of Unthe Memorandu g Arts Centerg Arts Center with nowith Jirsa, Mayor Pro Tem Wa, Mayor Pro Tem W o . he he substitute substit motion the motion secondedseconded (Norris/Bangs/Ba ng with the Rocky Moung with the Rocky Moun stes Park with the additiPark with the additi l location of the 4.5 acres location of the 4 Town MastTown Master Plan, er Plan, and a SOLUTION #11SOLUTION #11--18 SUP18Dnnpresented a Represented a R anley Park Manley Park M ersectioersectio grgr 9 Board of Trustees –May 22, 2018 –Page 6 4. MORAINE AVENUE BRIDGE CONSTRUCTION CONTRACT REVISION. Manager Hook presented the request to amend the contract with Structures, Inc. to increase funding by $460,617.50 for a total cost of $2,505,971.04. The additional grant funds received through CDBG-DR would support the accelerated work, stormwater drainage pipe replacement and other work modifications to ensure opening of the roadway by Memorial Day weekend. It was moved and seconded (Norris/Cenac)to authorize construction contract change orders with Structures, Inc. for the Moraine Avenue Bridge Replacement Project for a total amended contract of $2,505,971.04, an increase of $460,617.50, and it passed unanimously. 5. RESOLUTION #12-18 SUPPLEMENTAL BUDGET APPROPRIATION TO BEGIN IMPLEMENTATION OF THE DOWNTOWN PARKING MANAGEMENT PLAN RECOMMENDATIONS.The Town Board approved the Downtown Parking Management Plan at their January 23, 2018 meeting. In order to implement Phase 1 of the Plan staff has proposed a budget amendment to purchase equipment and hire a manager to lead a new Parking and Transit Division. Staff further recommended an internal reorganization to move both the existing Transportation services (shuttle) from the Community Services department and parking enforcement from the Police department to Public Works. The Resolution to amend the budget would move $240,000 from the Community Reinvestment fund, unspent contingency funds allocated to the parking structure project, to the General fund to cover the costs of implementation. The existing Transit Program Manager position would be eliminated with the hiring of a new Transportation Manager. It was moved and seconded (Walker/Cenac)to approve Resolution #12-18, and it passed unanimously. 6. APPOINTMENT OF TRUSTEE REPRESENTATIVE TO THE LARIMER COUNTY REGIONAL TRANSPORTATION FUNDING TASK FORCE.Director Muhonen stated a Regional Task Force consisting of political leaders from Larimer County, Fort Collins, Loveland and Estes Park was formed to address the transportation infrastructure expansion needs of the area. Trustee Holcomb was the Board liaison for the group prior to the Municipal Election in April. As he was not re-elected a member of the current Board was requested.It was moved and seconded (Norris/Cenac)to approve the appointment of Trustee Martchink to the Larimer County Regional Transportation Funding Task Force, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 9:39 p.m. Todd Jirsa, Mayor Jackie Williamson, Town ClerkDRAFT ewew ganizatganiza m the Comm the e Police departme Police d et would move $240,0et would move contingency funds alloccontingency funds eneral fund to cover eneral fund to cover sit Program Manager it Program M popo Transportation Manager.sportation approve Resolution #1approve Resol RUSTEE REPRESENTAEE REPRESENT RATRANSPORTATION FUTRANSPORTATION FU RARegional Task Force cRegional Task Fo Fort Collins, Loveland anFort Collins, Loveland tion infrastructure expanson infrastructure expans ard liaison for the group paison for the group p ee--elected a member of theelected a mem econdedeconded ((Norris/CenacNorris/Cen tchinktchink to the Larimer Che Larimer C cece, and it passed unan, and it passed u irirsa adsa ad 10 Town of Estes Park, Larimer County, Colorado May 22, 2018 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202/203 in said Town of Estes Park on the 22nd day of May, 2018. Board: Mayor Jirsa, Mayor Pro Tem Walker, Trustees Bangs Cenac, Martchink, Norris and Zornes Attending:All Also Attending:Town Administrator Lancaster, Assistant Town Administrator Machalek, Town Attorney White, and Recording Secretary Beers Absent:None Mayor Jirsa called the meeting to order at 5:00 p.m. CIRSA LIABILITY TRAINING. Sam Light with Light/Kelly P.C Law Firm provided a presentation on best practices, liability, and ethics for elected officials. He stated the presentation is a training resource only and stressed the need to consult staff or the Town Attorney when situations arise. He also reviewed the Open Meetings law and Open Records law and the need for transparency. ABILENE PARADOX. Town Administrator Lancaster requested the Board engage in viewing the Abilene Paradox management short film. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. The Board requested additional time with CDOT and the Central Federal Lands Highway Division staff to discuss the Estes Park Downtown Loop project at the June 12, 2018 study session meeting. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Lancaster stated the July 10th study session meeting item for the Annexation of Fawn Valley would include discussion on several other enclaves. There being no further business, Mayor Jirsa adjourned the meeting at 6:43 p.m. Bunny Victoria Beers, Recording SecretaryDRAFTt Town Adt Tow d d Recording SRec m.m. Firm Fi provided a presentation ona prese alss. He . He stated the presentation is astated the presentat nsult st staff or the Town Attorney wtaff or the Town Attorney Meetings law and Open Recordss law and Open Records Lancaster requested the BoardLancaster requested the ment ment short film.short film. & ADMINISTRATOR COMMENTSINISTRATOR COMMENTS DRd requested additional time wited additi ay Division staffay Division sta to discuss the o discu Este study session study session meetingmeeting. . FUTURE STUDY SESSION AGEFUTURE STUDY SESSION AGEDown Administrator Lancasterown Administrator Lanc exatiexation of Fawn Valley won of Fawn Valle no furthno furth 11 Town of Estes Park, Larimer County, Colorado May 31 2018 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 31st day of May, 2018. Board: Mayor Jirsa, Mayor Pro Tem Walker, and Trustees Bangs, Cenac, Martchink, Norris and Zornes Attending: Mayor Pro Tem Walker and Trustees Bangs, Cenac, Norris and Zornes Also Attending: Town Administrator Lancaster, Town Attorney White, Director Hunt, Estes Valley Planning Commissioners Leavitt and White, and Town Clerk Williamson Absent: Mayor Jirsa and Trustee Martchink Mayor Pro Tem Walker called the meeting to order at 8:10 a.m. OVERVIEW OF COMPREHENSIVE PLAN & NEED FOR REWRITE. Estes Valley Planning Commission (EVPC) Chair Leavitt provided a definition of a Comprehensive Plan, the difference between the Plan and the Estes Valley Development Code, the last Plan adopted in 1996 by the Town and the County, and the policies governed by the Plan, including land use, community design, growth management, mobility and circulation, housing, scenic and environmental quality, economic, and intergovernmental coordination. The Estes Valley Development Code and rezoning map were development after the adoption of the Comprehensive Plan in order to implement the action plan outlined in the Plan. The Town and County have attempted a number of updates to the Comprehensive Plan over the years; however, the Planning Commission consensus has been to complete a new Plan. In developing a new Plan, the EVPC would prepare the plan, hold public hearings, adopt the Plan, and the governing bodies (Town and County) would hold public hearing and approve the final plan. Funding Options. Funding for a new Plan has been discussed by members of the Town Board and County Commissioner with each entity sharing in the cost. The Town Board would discuss the Comprehensive Plan during the Board’s Strategic Plan Study Session on June 8, 2018, and the Joint Study Session between the County, Town and EVPC on June 14, 2018. Once each entity has committed funding for the project in their 2019 budgets, the EVPC would request work begin in 2018 and an additional limited-term Administrative Assistant be hired to provide support for the project. EVPC Chair Leavitt stated grant funding through DOLA may be available to fund the development of a new Plan with application deadlines in August and December. Timing to Initiate & Complete Rewrite. EVPC Chair Leavitt stated the next steps would include the issuance of a joint announcement informing the citizens of the governing bodies endorsement to develop a new Plan; the approval of a start-up budget of $20,000 to provide staffing assistant and direct cost of meetings; include the Comprehensive Plan in the Town Board’s 2019 Strategic Plan; and the development of an RFP for a consultant to prepare the Plan. Miscellaneous. 13 Town Board Study Session – May 31, 2018 – Page 2 EVPC Chair Leavitt stated the EVPC and the governing bodies need to develop an interim process to address the large and complicated developments that are already being processed and for those that may come during the development of the new Plan. Discussion followed and has been summarized: what other entities would need to be involved in the approval process; would the updated Stanley Park Master Plan be included in the overall Comprehensive Plan; and the Town Board has not approved or stated support for the financing of a new Plan. The EVPC and governing bodies would be the approving entities with stakeholders involved in the development of the new Plan. All current Master Plans would be used in the development of a new Plan, including the Stanley Park, Downtown Plan, etc. An RFP has been developed for the June 14th meeting for review by the EVPC, County Commissioners and Town Board. The process would take approximately a year and a half to two years to complete. There being no further business, Mayor Jirsa adjourned the meeting at 8:54 a.m. Jackie Williamson, Town Clerk 14       RECORD OF PROCEEDINGS Estes Valley Board of Adjustment April 3, 2018 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Rex Poggenpohl, Vice-Chair Jeff Moreau, Wayne Newsom, Pete Smith, John Lynch Attending: Members Newsom, Lynch, Smith, Moreau, and Poggenpohl Also Attend ing: Community Development Director Randy Hunt, Planner I Robin Becker, Senior Planner Jeff Woeber, Recording Secretary Karin Swanlund Absent: None Chair Poggenpohl called the meeting to order at 9:00 a.m. There were six people in attendance. He introduced the Board Members and staff. 1. AGENDA APPROVAL It was moved and seconded (Smith/Newsom) to approved the agenda as presented and the motion passed unanimously. 2. PUBLIC COMMENT None. 3. CONSENT AGENDA Approval of minutes dated March 6, 2018 It was moved and seconded (Newsom/Smith) to approve the minutes for March 6 as presented and the motion passed unanimously. 4. 260 STANLEY AVENUE-Stanley Avenue Townhomes Planner Becker reviewed the staff report. The variance request is to allow parking in the required 15’ landscaping buffer and relocation of the landscaping buffer in RM-Multi Family Residential zoning district. Planner Becker reviewed the staff findings. The application was routed to affected agencies. A legal notice was published in the local newspaper and adjacent property owners were notified by mail. There were no public comments received. Staff recommended approval of the variance request with no conditions. Staff and Board Member Discussion Board Members asked questions about: number of parking spaces required; if units would be rented or sold; what benefits did work force housing designation contribute to this project; is it possible to reduce units to meet landscaping requirements; parking in the power line easements (where Utilities doesn’t want landscaping); will all proposed 15 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 April 3, 2018 landscaping fit; irrigation/watering of landscaping; why there is zero setback for Townhome Development on this project. Director Hunt answered that four of the eight units would have to be deed or covenant restricted and identified as such prior to sale; number of parking spaces depends on number of bedrooms; density bonus allows double the units to be built, as long as work force housing designation is followed; possible future code amendements regarding landscaping and irrigation and how it would pertain to fire hazards; zero setbacks are from the townhome, not the edge of the primary parcel. Applicant Tom Bergman, Van Horn Engineering, answered that the units are to be sold, however they could be rented after being sold; an alternative landscape plan was submitted to meet landscaping requirements. He stated that the current code was not written for double density; therefore, most projects would have to request variances no matter what the lot shape. It was moved and seconded (Moreau/Poggenpohl) to approve the requested variance. The motion passed unanimously. 5. 1051 SUTTON LANE-Owner: Dianne Richter Planner Woeber reviewed the staff report. The variance request is to allow a 13-foot setback on the east side of the property the E-1 zone district. The E-1 district requires 25- foot setbacks on all sides. The applicant desires to build a mudroom to the existing building. Staff recommended approval of the variance request. Planner Woeber reviewed the staff findings. The application was routed to affected agencies. A legal notice was published in the local newspaper and adjacent property owners were notified by mail. There was no public comment received. Board/Staff/Applicant Discussion: Board asked if there is a variance request established for the south side of house and the shed that is sitting in the set-back on the south west side of lot. Finding that there is not, Director Hunt stated that the fee could be waived if another variance is applied for in this calendar year. It was moved and seconded (Lynch/Moreau) to approve the variance to 13 feet on the east side of the property and a fee waiver for additional variances applied for within this calendar year. The motion passed unanimously. 6. CHELEY HIGH ROPES COURSE-Cheley Colorado Camps Planner Woeber reviewed the staff report. The variance is to allow a “High Ropes Structure” which needs a 43-foot height requirement in lieu of the maximum 30-foot height on the east property line of Cheley Camp, 3960 Fish Creek Road. Planner Woeber reviewed the staff findings. The application was routed to affected agencies. A legal notice was published in the local newspaper and adjacent property owners were notified by mail. There was no public comment received. Staff recommends approval of this variance. 16 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 3 April 3, 2018 The height of the complete project was discussed. It was clarified by the applicant, Jeff Cheley, that there are two decks with dimensions of 10’x10’ at 23 feet and 33 feet high, and the poles between the decks going as high as 43’. It was moved and seconded (Newsom/Lynch) to approve the variance to 43 feet. The motion passed unanimously. 7. REPORTS-Director Hunt A) Verbal acceptance of Planning II candidate Brittney Hathaway, set to start May 1, 2018. B) Two consulting firms (on call planning services) contracted to help with workload: RG & Associates in Golden and Ayres & Associates in Ft. Collins. C) Landscaping in Right of W ay is a work in progress, and meetings are being held with public works as a possible way to avoid certain variance requests in the future. D) Public Notice Requirements will be changing in the way of development signage, neighbor notification letters and the perimeter of neighbor notice area. E) Review of current development projects. F) Three board members are unavailable in early May causing the possibility of changing next meeting to the 3rd Tuesday in May or canceling May and meeting next on June 5. G) Discussion on Town Board’s decision to approve the Grand Estates project. There being no other business before the Board, the meeting adjourned at 10:06 a.m. ___________________________________ Jeff Moreau, Vice Chair __________________________________ Karin Swanlund, Recording Secretary 17       18 COMMUNITY SERVICES Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Brian Wells, Transit Program Manager Date: June 12, 2018 RE: Contract for shuttle services with McDonald Transit Associates, Inc. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: McDonald Transit Associates, Inc. (MTA) operating as Rocky Mountain Transit Management (RMTM) has made a contract offer to continue operating the buses for the 2018 Estes Park FREE Shuttle Service. The service contract with MTA is a continuation/piggyback of the five-year contract and five option years (2018 = 6th year) between Rocky Mountain National Park with McDonald Transit Associates, Inc. Present Situation: The 2018 summer shuttle season begins Saturday, June 23, 2018. Acceptance of this contract continues service for this year. Proposal: McDonald Transit Associates, Inc. will lease three vehicles from Davey Coach not to exceed the prices listed in Exhibit A of the Town of Estes Park 2018 Proposal, for each vehicle per month and the Town of Estes Park will reimburse vehicle lease costs. The Town will lease one vehicle from MTA not to exceed the prices listed in Exhibit A of the Town of Estes Park 2018 Proposal, for one vehicle per month. MTA will maintain and insure the Town’s trolley under the same terms and conditions outlined in the service contract. The hourly service rate for 2018 will be $63.92 which includes routine maintenance, shuttle drivers, insurance, and fuel costs up to $2.75 a gallon for the five full-service routes scheduled and additional services provided as listed in the service contract. 19 Advantages:  Offering continued shuttle service (thirteenth season) for guests and residents of Estes Park and the surrounding community.  Reduction in the number of private vehicles on local roads and emissions. Disadvantages:  No shuttle service reduces access to local business and services for guests, residents, and summer workers.  No shuttle services results in a greater number of private vehicles utilizing area roads: increased traffic congestion and emissions. Action Recommended: Acceptance of the agreement with McDonald Transit Associates, Inc. to provide shuttle services for the Town of Estes Park, as specified in the agreement. Finance/Resource Impact: The 2018 Estes Park FREE Shuttles budget is attached, showing the McDonald Transit Associates, Inc contract as a part of the whole budget. Transportation Fees #101-5600-456-22-60 Level of Public Interest  The Estes Park Free Shuttles served 84,566 riders in 2017 with approximately thirty percent being local residents and summer workers.  Through the 2017 shuttle season, we have served 712,326 riders.  The Shuttle Committee accepts regular requests for additional shuttle stops and service days throughout the year from area businesses along with existing and potential riders. Sample Motion: I move for approval/denial of the agreement with McDonald Transit Associates, Inc., to provide shuttle services for the Town of Estes Park, as specified in the agreement. Attachments:  2018 Agreement with McDonald Transit Associates, Inc.  2018 Town of Estes Park Transportation Budget 20 AGREEMENT THIS AGREEMENT is made and entered into this ___ day of ______, 2018 by and between the Town of Estes Park (hereinafter referred to as the “TOWN”), and McDonald Transit Associates, Inc., located at 3800 Sandshell Drive, Suite 180, Fort Worth, Texas 76137 (hereinafter referred to as the “CONTRACTOR”). WITNESSETH WHEREAS, the TOWN desires the services of the CONTRACTOR to manage and operate a fixed route transportation service; and WHEREAS, the CONTRACTOR has the requisite personnel and experience, and is capable of managing and operating said service. NOW, THEREFORE, it is mutually understood and agreed by the TOWN and the CONTRACTOR as follows: ARTICLE 1. Complete Agreement A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the agreement between the TOWN and the CONTRACTOR and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s). B. The TOWN’S failure to insist in any one or more instances upon the CONTRACTOR’S performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the TOWN’S right to such performance or to future performance of such term(s) or conditions(s) and the CONTRACTOR’S obligation in respect thereto shall continue in full force and effect. 21 ARTICLE 2. TOWN DESIGNEE The Town Administrator or his/her designee shall have the authority to act for and exercise any of the rights of the TOWN as set forth in this Agreement. ARTICLE 3. STATEMENT OF WORK A. The CONTRACTOR shall perform the work necessary to complete in a manner satisfactory to the TOWN the services set forth in Exhibit A attached to and by this reference incorporated in and made a part of this Agreement. All services shall be provided at the times and places designated by the TOWN. B. The CONTRACTOR shall provide all operators, mechanics, and supervisors to perform the above-specified services. All key personnel under this agreement will be subject to the advice and consent process currently in place with the Town of Estes Park. ARTICLE 4. TERM OF AGREEMENT A. This Agreement shall commence upon execution by both parties, and shall continue in full force and effect until December 31, 2018 (“Initial Term”), unless earlier terminated or extended as provided in this Agreement. B. This Agreement will continue annually through December 31, 2019 unless the Town, in its sole discretion, terminates this Agreement by written notice to the Contractor on or before December 31 of any calendar year. Prior to March 31 of each calendar year, the Parties agree to negotiate to the routes, dates, costs, number of vehicles, fuel costs, and other items as more fully set forth on Exhibit A. which will be effective for that year’s services. C. The TOWN’s election to extend the Agreement beyond the Initial Term shall not diminish its right to terminate the Agreement for the TOWN’s convenience or CONTRACTOR’s default as provided elsewhere in this Agreement. D. If the service is to be provided for less than an entire month, the CONTRACTOR will invoice the TOWN for revenue hours for the month(s). 22 E. The Town’s obligation to pay the Contractor for the services in any fiscal year shall be subject to and contingent on the appropriation by the Town, in its annual budget process, of sufficient funds to meet its obligations pursuant to this Agreement. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of the Town within the meaning of any Constitutional or Statutory debt limitation. This Agreement shall not directly or indirectly obligate the Town to appropriate funds beyond the Town’s then current fiscal year. ARTICLE 5. PAYMENT A. For the CONTRACTOR’s full and complete performance during the billing period of the Services under this Agreement, the TOWN agrees to pay CONTRACTOR as set forth in Exhibit A. ARTICLE 6. NOTICES All notices hereunder and communication regarding the interpretations of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the United States mail, registered or certified mail, return requested, postage prepaid and addressed as follows: TO THE CONTRACTOR: TO THE TOWN: RATP Dev dba McDonald Transit Associates, Inc. Town of Estes Park 3800 Sandshell Drive, Suite 180 P O Box 1200 Fort Worth, Texas 76137 Estes Park, CO 80517 Attn: Robert Smith, Attn: Town Administrator Senior Vice President Phone: (970) 577-3707 Phone: (817) 232-9551 Fax: (817) 232-9560 Fax: (970) 586-2816 ARTICLE 7. INDEPENDENT CONTRACTOR The CONTRACTOR’s relationship to the TOWN in the performance of this Agreement is that of an independent contractor. The CONTRACTOR’s personnel performing services under this Agreement shall 23 at all times be under the CONTRACTOR’s exclusive direction and control and shall be employees of the CONTRACTOR and not employees of the TOWN. The CONTRACTOR shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation and similar matters. ARTICLE 8. INSURANCE A. The CONTRACTOR shall procure and maintain insurance coverage during the entire term of the Agreement. Coverage shall be full coverage and not subject to self –insurance provisions. The CONTRACTOR shall provide the following insurance coverage: 1. Commercial General Liability, to include Premises/Operations, Contractual Operations, independent Contractors, and Personal Injury Liability with at least $5,000,000 of coverage; 2. Automobile Liability Insurance with the following limits: A. Combined Single Limit of $5,000,000 B. Uninsured/Underinsured Bodily Injury with limits of $25,000 per person; and C. Uninsured/Underinsured Bodily Injury with limits of $50,000 per accident; 3. Workers’ Compensation with limits as required by the State of Colorado 4. Employer’s Liability with limits of $1,000,000 B. Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker-issued insurance certificate, must be received by the TOWN within ten (10) calendar days from the date of execution of the Agreement with THE TOWN, its officers, directors, employees, agents, and self-insurance pool (CIRSA) designated as additional insureds. Furthermore, the TOWN reserves the right to request certified copies of all related insurance policies. C. The CONTRACTOR shall furnish to the TOWN a broker-issued certificate of insurance showing the required coverage for the CONTRACTOR and further providing that: 1. The coverage shall be primary and noncontributory as to any other insurance with respect to performance hereunder; and 2. Thirty (30) days prior written notice of cancellation or material change in insurance coverage to be given to the TOWN. 24 D. Governmental Immunity Act. The parties agree and understand that the TOWN is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently Three Hundred Fifty Thousand and 00/100 Dollars ($350,000)per person and Nine Hundred Ninety Thousand and 00/100 ($990,000) 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 TOWN or any of its officers, agents, volunteers or employees. ARTICLE 9. CHANGES By written notice or order, the TOWN may, from time to time, order work suspension or make changes in the general scope of this Agreement, including, not limited to, the services furnished to the TOWN by the CONTRACTOR as described in Exhibit A. If any such work suspension or change causes an increase or decrease in the price of the Agreement or in the time required for its performance, the CONTRACTOR shall promptly notify the TOWN thereof and assert its claim for adjustment within ten (10) days after the change or work suspension is ordered, and an equitable adjustment shall be negotiated. However, nothing in this clause shall excuse the CONTRACTOR from proceeding immediately with the agreement as changed. ARTICLE 10. NOTICE OF LABOR DISPUTE Whenever the CONTRACTOR has knowledge that any actual or potential dispute may delay performance of the Agreement, the CONTRACTOR shall immediately notify and submit all relevant information to the TOWN and assist the TOWN in developing a plan to continue service. ARTICLE 11. TERMINATION A. The TOWN may terminate this Agreement for its convenience any time, in whole or part, by giving the CONTRACTOR written notice thereof. Upon termination, the TOWN shall pay the CONTRACTOR its pro rata portion of its fee for services incurred to the date of termination. B. The TOWN may terminate Agreement for the CONTRACTOR’s default if a federal or state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR, or if the CONTRACTOR makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any 25 term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) calendar days after written notice thereof by the TOWN. The CONTRACTOR shall be liable for any and all reasonable costs incurred by the TOWN as a result of such default including, but not limited to, reprocurement costs of the same or similar services defaulted by CONTRACTOR under this Agreement. ARTICLE 12. INDEMNIFICATION The CONTRACTOR shall indemnify, defend and hold harmless the TOWN, its officers, directors, employees, agents and self-insurance pool (CIRSA) from all losses, damages, claims for personal injury or damages to real or personal property to the extent caused by the CONTRACTOR’s negligence. The CONTRACTOR agrees to indemnify the TOWN against expenses, including reasonable attorney’s fees, and liability arising from any such claim or infringement provided the CONTRACTOR has the right to control the defense or settlement of any such claim in accordance with the following: (i) The CONTRACTOR, at its own cost and expense, shall indemnify, defend and hold harmless the TOWN from and against any and all claims, demands, actions, suits, damages, liabilities, losses and expenses (including reasonable attorney’s fees and disbursements) for personal injury or property damage asserted by third parties to the extent caused by the negligence or willful misconduct of the CONTRACTOR in connection with the CONTRACTOR’s performance, or failure to perform this Agreement hereunder (“Third Party Claims”). (ii) The TOWN shall promptly give written notice to the CONTRACTOR after obtaining knowledge of any potential or actual Third Party Claim against the TOWN as to which recovery may be sought against the CONTRACTOR because of the indemnity set forth in clause (i) above. (iii) The CONTRACTOR will have the right to defend the TOWN against any Third Party Claim with counsel mutually agreed upon by the CONTRACTOR and the TOWN. In addition: a) The TOWN may retain separate co-counsel at its sole cost and expense to monitor the defense of the Third Party Claim provided however, that the CONTRACTOR shall have the right to control the defense of such Third Party Claim in the CONTRACTOR’s sole discretion. 26 b)The TOWN will not consent to the entry of any judgment or enter into any settlement with respect to such Third Party Claim without the prior written consent of CONTRACTOR; c)The TOWN shall cooperate with all reasonable requests of CONTRACTOR in connection with the defense of such Third Party Claim. (iv) To the extent reasonably possible, the TOWN shall use its good faith efforts to mitigate any losses which the CONTRACTOR is obligated to indemnify against pursuant to this indemnification paragraph. ARTICLE 13. WARRANTY The CONTRACTOR represents that it is fully experienced and properly qualified to perform the services required for this Agreement and that it is properly licensed, equipped, organized, and financed to perform the Services. The CONTRACTOR warrants that all Services shall be in accordance with this Agreement and shall comply with the performance standards of Exhibit A. In the event of a breach of this warranty, the CONTRACTOR shall take the necessary actions to correct the breach and the consequences thereof, at the CONTRACTOR’s sole expense, in the most expeditious manner as permitted by existing circumstances. If the CONTRACTOR does not promptly take steps to correct the breach upon notification by the TOWN, the TOWN, without waiving any other rights or remedies it may have at law or otherwise, may do so or cause others to do so and the CONTRACTOR shall promptly reimburse the TOWN for all expenses and cost incurred in connection therewith. ARTICLE 14. ASSIGNMENTS AND SUBCONTRACTING Neither this Agreement nor any interest herein nor claim hereunder may be assigned by the CONTRACTOR either voluntarily or by operation of law, nor may any part of this Agreement be subcontracted by the CONTRACTOR, without the prior written consent of THE TOWN. Consent by THE TOWN shall not be deemed to relieve the CONTRACTOR of its obligations to comply fully with all terms and conditions of this Agreement. 27 ARTICLE 15. FEDERAL, STATE AND LOCAL LAWS The CONTRACTOR warrants that in the performance of this Agreement, it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 16. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of the TOWN. Copies may be made for the CONTRACTOR’s records but shall not be furnished to others without written authorization from THE TOWN. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by the TOWN. ARTICLE 17. PATENT AND COPYRIGHT INFRINGEMENT A.In lieu of any other warranty by the TOWN or the CONTRACTOR against patent or copyright infringement, statutory or otherwise, it is agreed that the CONTRACTOR shall defend at its expense any claim or suit against the TOWN on account of any allegation that any item furnished under this Agreement or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and the CONTRACTOR shall pay all costs and damages finally awarded in any such suit or claim, provided that the CONTRACTOR is promptly notified in writing of the suit or claim and given the TOWN, information and assistance at the CONTRACTOR’s expense for the defense of same. However, the CONTRACTOR will indemnify the TOWN if the suit or claim results from: (1) the TOWN’s alteration of a deliverable, such that said deliverable in its altered form infringes upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by the CONTRACTOR when such use in combination infringes upon an existing U.S. letters patent or copyright. B.The CONTRACTOR shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof. The CONTRACTOR shall not be obligated to indemnify the TOWN under any settlement made without the CONTRACTOR’s consent or in the event the TOWN fails 28 to cooperate fully in the defense of any suit or claim, provided, however, that said defense shall be at the CONTRACTOR’s expense. If the use or sale of said item is enjoined as a result of such suit or claim, CONTRACTOR, at no expense to THE TOWN, shall obtain for the TOWN the right to use and sell said item, or shall substitute an equivalent item acceptable to the TOWN and extend this patent and copyright indemnity thereto. ARTICLE 18. FORCE MAJEURE Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control including, but not limited to: any incidence of fire, flood, strike; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act of omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. ARTICLE 19. DEFAULT In the event either Party shall fail to observe or perform any of the terms and provisions of this Agreement and such failure shall continue for a period of ten (10) days after receipt of written notice from the non-defaulting party ("Default"), then the non-defaulting party may terminate this Agreement, provided however, that where such Default cannot reasonably be cured within such period, and the defaulting party has proceeded promptly to cure the same and is prosecuting such cure with diligence, the time for curing such Default shall be extended for an amount of time, not to exceed ten (10) days, as may be necessary under the circumstances to complete such cure. ARTICLE 20. COSTS Except as otherwise expressly provided above, each Party shall bear all of its own attorney's fees and other expenses related to this Agreement. 29 ARTICLE 21. BINDING EFFECT This Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their respective successors and assigns. ARTICLE 22. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in the District Court, Larimer County, Colorado. ARTICLE 23. SEVERABILITY In the event any term, covenant or condition of this Agreement, or the application of such term covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants and conditions of this Agreement shall not be affected thereby, but shall remain in force and effect unless a court holds that the invalid term, covenant or condition is not separable from all other terms, covenants and conditions of this Agreement. ARTICLE 24. WAIVER No delay or omission by either Party to exercise any right or power occurring upon non-compliance or failure of performance by the other Party shall impair that right or power or be construed to be a waiver. A waiver by either Party of any of the covenants, conditions or Agreements to be performed by the other Party shall not be construed to be a general waiver. ARTICLE 25. INTEGRATED AGREEMENT AND AMENDMENTS This Agreement is an integration of the entire understanding of the parties with respect to the matters set forth herein. The parties shall only amend this Agreement in writing with the proper official signatures attached thereto. 30 Article 26. WORK BY ILLEGAL ALIENS PROHIBITED A. CONTRACTOR hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that CONTRACTOR has participated or attempted to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-101(1) (“Program”) in order to verify that it does not employ illegal aliens. B. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. CONTRACTOR hereby certifies that it has verified or attempted to verify through participation in the Program that CONTRACTOR does not employ any illegal aliens and, if CONTRACTOR is not accepted into the Program prior to entering into this Agreement, that CONTRACTOR shall apply to participate in the Program every three (3) months until CONTRACTOR is accepted or this Agreement has been completed, whichever is earlier. D. CONTRACTOR is prohibited from using Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. E. If CONTRACTOR obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: i. notify the subcontractor and the TOWN within three (3) days that CONTRACTOR has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such 31 32 Exhibit A Town of Estes Park 2018 Proposal 33 5/9/2018 2018 PROPOSAL - TOWN OF ESTES PARK June 23 thru September 9, 2018 79 Days Hours per day # Days Total Hours GOLD TROLLY 9:00 am -9:00 pm 12 79 948 $63.92 $60,596.16 RED 9:00 am -9:00 pm 12 79 948 $63.92 $60,596.16 BROWN:8:00 am -9:00 pm 12 79 948 $63.92 $60,596.16 SILVER 9:00 am -9:00 pm 12 79 948 $63.92 $60,596.16 BLUE 9:00 am -9:00 pm 12 79 948 $63.92 $60,596.16 Season daily totals 60 79 4740 $302,980.80 Total daily service Additional summer service hours- July 4th and Scotfest $3,515.60 tentative 55 hours Town Festival Charters (Fine arts, Autumn Gold, Elk Fest, Whiskey Summit, Parade)$3,515.60 tentative 55 hours 2018 Planned service total $310,012.00 Lease Proposal for 2018 Per Month Number of months Totals Owner/ unit number GOLD TROLLY Unit 25 Town's Trolley $0.00 Town EP/ 25 BROWN:Bus 8 or New 35' Eldorado 3,200.00$ 3 9,600.00$ McDT/ TBD BLUE 2,500.00$ 3 7,500.00$ Davey Coach RED 2,200.00$ 3 6,600.00$ Davey Coach SILVER 4,643.53$ 3 13,930.59$ Davey Coach 12,543.53$ 3 $37,630.59 Town of Estes Park is responsible for any fuel costs over $2.75 per gallon $8,000.00 estimate for fuel over 2.75 Town of Estes Park is responsible for charges if needed Davey Coach lease 10 days additional cost pickup and return vehicles: $100 per day per vehicle (IF NEEDED) Davey Coach lease Additional mileage over 7,500 per vehicle per month is .55 cents per mile.(IF NEEDED) DC cutaway @ $5,572 plus $610 registration fee ( 24 Pass. ADA Compliant) DC cutaway @ $4223.53 plus $420. registration fee (15 Pass. ADA Compliant) DC cutaway @ $4223.53 plus $420. registration fee (15 Pass. ADA Compliant) 34 General Fund Transportation, 101-5600 Town of Estes Park-2018 Budget.xlsx SCOPE OF SERVICES *Seasonal shuttle service for 4 routes. Special charters as needed. Actuals Budget 2016 2017 Personnel Services Salaries 48,506 48,396 Benefits 20,440 21,447 $68,946 $69,843 Operations & Maintenance 368,418 372,633 Total Current Expenses 437,364 442,476 Capital 0 0 Total Expenses $437,364 $442,476 Revenues OTHER 988 0 SPONSORSHIP 6,915 7,500 7,903 7,500 Personnel Levels Transportation Manager 1.00 1.00 Operations & Maintenance Details Insurance premiums 418 1,602 Prof. services/fees 355,172 360,236 Repair and maintenance 5,243 3,695 Materials and supplies 5,752 5,850 Job performance expenses 1,833 1,250 Utility expenditures 0 0 Other current expenses 0 0 368,418 372,633 Est Actuals Final Budget 2017 2018 45,318 51,462 19,194 22,739 $64,512 $74,201 372,098 384,177 436,610 458,378 0 8,300 $436,610 $466,678 0 0 7,500 13,500 7,500 13,500 1.00 1.00 1,638 1,920 358,275 370,183 3,695 3,674 7,012 7,150 1,168 1,250 0 0 310 0 372,098 384,177 35 '-. Actuals Account Name 2016 0 418 0 Insurance Premiums 41B 4,785 18 0 340,474 9,895 Professional Fees/Services 355,172 195 S,048 Repair and Maintenance 5,243 0 2,799 41 392 2,520 Materials and supplies 5,752 1,094 613 126 Job performance eKpenses 1,833 Utility EKpenditures 0 Other Current EKpenses 0 Total Operations & Maintenance costs 368,418 Capital 0 General Fund Transportation, 101-5600-456 Town of Estes Park-2018 Budget.xlsx Budget Est Actuals Final Budget 2017 2017 2018 122 122 96 1,480 1,516 1,824 0 0 0 1,602 1,638 1,920 3,013 3,013 3,920 0 0 0 0 0 0 357,223 355,223 365,843 0 39 420 360,236 358,275 370,183 195 195 174 3,500 3,500 3,500 3,69S 3,695 3,674 100 197 100 3,500 3,340 3,500 50 50 50 400 375 400 1,800 3,0SO 3,100 5,850 7,012 7,150 0 300 0 1,000 618 1,000 2SO 2SO 250 1,250 1,168 1,250 0 0 0 0 310 0 372,633 372,098 384,177 0 0 8,300 Account Number Detail 21·01 PROPERTY 21-02 LIABILITY 21-50 UNEMPLOYMENT 22-09 INFO TECHNOLOGY SERVICES 22-10 BANK SERVICES 22-13 CONTRACT/SKILLED SERVICES 22-60 TRANSPORTATION FEES 22·98 OTHER 25-01 MAINTENANCE CONTRACTS 25-04 VEHICLE EQUIPMENT 26-01 OFFICE SUPPLIES 26-03 PRINTING/FORMS 26-17 CATERING/SPEC CIRCUMSTANC 26-32 DATA PROCESSING SOFTWARE 26-S2 TRAFFIC SIGNS 27-04 EDUCATION/TRAINING 27-05 MEMBER DUES/SUBSCRIPTIONS 27-07 MILEAGE REIMBURSEMENT 28-01 TELEPHONE 29-20 RESALE PURCHASES 33-33 DATA PROCESSING EQUIPMENT 36 COMMUNITY DEVELOPMENT Report To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Brandon Howes and Ross Culbertson, Planning Consultants; Randy Hunt, Community Development Director Date: June 12th, 2018 RE: FINAL TOWNHOME SUBDIVISION PLAT, RAVEN ROCK TOWNHOMES, METES & BOUNDS PARCEL, TBD PROMONTORY DRIVE, APPLICANT/ JAMES MACKEY Objective: Conduct a public hearing and render a decision whether the Raven Rock Final Townhome Subdivision Plat is compliant with the Estes Valley Development Code (EVDC). Present Situation: The subject property is located northeast of Mary’s Lake Road at Promontory Drive and contains 10.13 acres. The property was annexed into the Town of Estes Park in 2017 and is zoned A-Accommodations. The Estes Park Town Board of Trustees approved the Raven Rock Townhomes Preliminary Plat on December 12, 2017. Proposal: The Final Plat subdivides the land into 38 townhome lots and three outlots in addition to dedicating the necessary easements for the development of 19 duplex buildings. The duplexes will be divided by a common party wall and located on the common property line between the individual lots for sale. The plat dedicates Promontory Drive (a 45-ft. public right-of-way) as the interior local street providing access and addressing to Lots 23-30. Although, Promontory Drive’s right-of-way extends to the development’s north and south property edges, the pavement section of the street will stop short of the property boundaries until there is a need to connect street patterns to adjacent development. The remaining lots are accessed and addressed from a series of dedicated private access easements (Rock Wren Circle and Gray Jay Way) which are to be maintained by the development’s Homeowners Association (HOA). There is a separate “Emergency Access Easement” indicated on the Final Plat that connects Mary’s Lake Road to Gray Jay Way. This emergency access pavement will have control gates and a Fire Department approved Knox-Box lock to provide a second point of emergency access to the development. Other easements included are for the 37 location of public sanitary sewer, water, drainage, and electric services for the development. The Final Plat also dedicates half of the required right-of-way for County Road 67 (Mary’s Lake Road) and an extra 10 feet off the northeast side to accommodate the full cross- sectional width of the County’s access road. The Final Plat has been reviewed in conjunction with the project’s Construction Plan. Staff is working with the applicant on completing the Construction Plan review as there are minor revisions still pending. The Construction Plan will be approved administratively by the Community Development Director. Compliance to Subdivision Standards: Pursuant to § 3.9(E): All subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10 “Subdivision Standards”, and all other applicable provisions of this Code. Through the project’s development review process, staff finds in general the technical requirements of the Final Plat have been met per the standards and criteria set forth in Chapter 10 and with the Code’s Appendix B “Submittal Requirements” for Final Subdivision Plats. However, there are two issues pending that affect both the Construction Plans and the Final Plat which are described below and will be included as “Conditional Items” in the project’s recommended motion: 1. The Town’s Public Works Development Review Engineer has reviewed the Construction Plans and Final Plat and requests coordination of a Public Works right- of-way permit for driveway connections of the Emergency Access Easement to Mary’s Lake Road. 2. The applicant is continuing to work with Planning staff, the Fire Marshal and the Building Official to replace/rename multiple sections of Gray Jay Way (private access easement) with two or more vetted street names. New names are requested by the Fire Department to limit potential conflicts with emergency responsiveness to the development. Staff wishes to note that conditions or approval ought to be unusual at the Final Plat stage. In good planning practice, a Final Plat should be basically just the technical fulfillment of the broader land-development matters that should be addressed at the Preliminary Play stage. Planning practice in Estes Valley was a bit different until recently, and Final Plats as recently as 2015 contained a lot of conditional approvals, including many matters of substance that frankly should have been resolved earlier than Final Plat stage. This is a culture shift and a work in progress with our development community, local design professionals, appointed and elected officials, and citizens. We will continue this work. 38 Project Advantages:  Fulfills the terms and conditions of EVDC and the approved Preliminary Plat for this project.  Develops an underutilized property along the Mary’s Lake Road corridor.  Provides additional townhome units to the Estes Valley.  Does not maximize the allowed density for this property. Project Disadvantages:  None identified. Action Recommended: Based on the above observations and findings; it is recommended the Board of Trustees: Make a Motion to approve the Raven Rock Townhomes Final Subdivision Plat subject to the following staff conditions: 1. That a final letter of credit for infrastructure improvements is submitted prior to the plat being signed for recordation, within 60 days of approval. 2. That a Right-of-Way permit shall be obtained from Public Works prior to any future construction of the connection with the Mary's Lake Road right-of-way, and that application submittal shall include additional detailed grading/drainage information sufficient to confirm the proposed improvements (e.g. slopes, flow arrows, elevations, culverts) conform to applicable codes. 3. That portions of Gray Jay Way are renamed for emergency response purposes in response to concerns from the Estes Valley Fire Protection District. The renaming of portions of Gray Jay Way must be completed prior to the plat being signed for recordation, within 60 days of approval. Budget: None. Level of Public Interest High: For the Raven Rock project in general Low: This specific Final Plat Sample Motions: Below are the Town Boards options related to the Final Subdivision Plat approval request: 1. I move to APPROVE the Raven Rock Townhome Final Subdivision Plat as submitted, with findings as identified in the staff report, and including conditions as stated in the staff report. 39 2. I move to APPROVE the Raven Rock Townhome Final Subdivision Plat, with findings as identified in the staff report, and with additional conditions as follows (state all conditions of approval). 3. I move to DENY the Raven Rock Townhome Final Subdivision Plat, finding that... (state findings for denial) 4. I move to CONTINUE THE HEARING TO ________ [date certain], on the basis that… (state reason(s) for continuance, such as additional information needed) Attachments: Raven Rock Final Subdivision Plat dated 06/08/2018 Vicinity Map [from Preliminary Plat, dated 12/07/2017; unchanged] Full Application: www.estes.org/currentapplications 40 KIOWA TRLSSAINTVRAINAVE KIOWA DRLAKEWOODCTPROMONTORY DRARAPAHORDARAPAHORDMA R Y S LA K E R D MARYSLAKERDThis draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon.Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.060120Feet1 in = 125 ft±Town of Estes ParkCommunity DevelopmentVicinity MapRaven Rock(Preliminary Townhome Subdivision)Printed: 12/7/2017Created By: Audem GonzalesMary's Lake Road S SAINT VRAIN AVEMARYS LAKE RDPEAK VIEW DRMARYS LAKESitePromontory Drive41 42