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HomeMy WebLinkAboutPACKET Town Board 2017-02-28The 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, February 28, 2017 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 14, 2017 and Town Board Study Session February 14, 2017. 2. Bills. 3. Committee Minutes. A. Public Safety, Utilities & Public Works Committee Minutes dated, February 9, 2017. 1. Art in Public Places: 6 Pikas in the Park. 4. Transportation Advisory Board Minutes dated January 20, 2017 (acknowledgement only). 5. Parks Advisory Board Minutes dated January 20, 2017 (acknowledgement only). 6.Estes Valley Planning Commission Minutes dated January 17, 2017 (acknowledgement only). 7. Resolution #03-17 Setting the Public Hearing date of March 28, 2017 for a New Hotel & Restaurant Liquor License filed by Bird & Jim, 915 Moraine Avenue, Estes Park, CO 80517. Prepared 02/17/17 *Revised 02/24/17 **Revised 02/27/17 1 1 ***Revised 02/28/17 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 8. Resolution #06-17 Setting the Public Hearing date of March 28, 2017 for a New Lodging & Entertainment Liquor License filed by Lazy B Chuckwagon and Show, LLC, 600 W. Elkhorn, CO 80517. 9. Housing Authority Memorandum of Understanding (MOU). 2. REPORTS AND DISCUSSION ITEMS (Outside Entities): 1.PRESENTATION ON HOME RULE. Tami Yellico, CML Municipal Legal Services. Item moved to later meeting. 2. LARIMER COUNTY COMMUNITY REPORT.Commissioner Donnelly. 3. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY REPORT.Greg Rosener. 3. PLANNING COMMISSION ITEMS.Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. RESOLUTION #04-17 INTENT TO ANNEX CLOUD NINE SUBDIVISION ADDITION.Public Hearing scheduled March 28, 2017. 2. ACTION ITEMS: B. ORDINANCE #07-17 REZONING FROM CO-COMMERCIAL OUTLYING RM- MULTI-FAMILY RESIDENTIAL, LOT 35, GRAND ESTATES SUBDIVISION; 507 Grand Estates Drive; Equinox Community Investment, LLC/ Applicant. Planner McCool. 4.ACTION ITEMS: 1. ORDINANCE #06-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE §12.20.060 REMOVAL OF SNOW AND ICE.Chief Kufeld. 2. RESOLUTION #05-17 AMENDING AN INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) PERTAINING TO INSTALLATION OF TWO ADDITIONAL DYNAMIC MESSAGE SIGNS ON US36 AND US34.Director Muhonen. 3. TRANSPORTATION ADVISORY BOARD INTERVIEW COMMITTEE APPOINTMENT.Town Clerk Williamson. 4. ORDINANCE #05-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE §12.20.070 ACTS PROHIBITED ON SIDEWALKS, TO ADDRESS TEMPORARY SIDEWALK ART.Assistant Town Administrator Machalek. 5. ADJOURN. * * ** 2 2 *** Town of Estes Park, Larimer County, Colorado, February 14, 2017 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 14th day of February, 2017. Present: Todd Jirsa, Mayor Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Rex Walker Also Present: Frank Lancaster, Town Administrator Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Bunny Beers, Recording Absent: Wendy Koenig, Mayor Pro Tem Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. TRUSTEE COMMENTS. Trustee Holcomb board member for Partnership for Age-Friendly Communities, has been elected President-Elect and would hold the position of President in 2018. Trustee Nelson attended the Open Lands Advisory Board meeting where two small grants were awarded to the Estes Lands Stewardship Association for their weeds management identification booklets and the Estes Valley Community Garden project for the gathering area. Mayor Jirsa would attend the Mayor’s Summit on entrepreneurship, a program and networking event hosted by Longmont Mayor Dennis Coombs. He would also attend Unity in the Community, a group meeting in Longmont with approximately 1000 business, political leaders and non-profits in attendance. Trustee Walker recognized Safeway on their contributions for a grant awarded to the Estes Valley School District toward the purchase of virtual reality glasses. Trustee Norris stated the Estes Valley Planning Commission would meet Tuesday February 21, 2017. Trustee Martchink stated the next Parks Advisory Board meeting would take place on Friday, February 17, 2017 at 11:00 a.m. at the Events Center. The Board would welcome their Youth Advisor Scott Miller. Agenda includes Mountain Festival and Utility box artwork for the upcoming season. TOWN ADMINISTRATOR REPORT. Administrator Lancaster received a request from the Housing Authority to announce a vacancy on the Board. 1.CONSENT AGENDA: 1.Town Board Minutes dated January 24, 2017 and Study Session January 24, 2017. 3 3 Board of Trustees – February 14, 2017 – Page 2 2. Bills. 3. Committee Minutes. A. Community Development/Community Services Committee Minutes dated, January 26, 2017. B. Audit Committee Minutes dated, January 30, 2017. 4. Estes Valley Board of Adjustment Minutes dated, January 10, 2017 (acknowledgement only). It was moved and seconded (Holcomb/Martchink) to approve the Consent Agenda Items, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS (Outside Entities): 1. LARIMER COUNTY COMMUNITY REPORT. Commissioner Donnelly. Item moved to February 28, 2017 meeting. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. SUPPLEMENTAL CONDOMINIUM MAP #5. The Meadow Condominiums, 2758 & 2764 Kiowa Trail Marys Meadow Development, Inc./Applicant. 4. ACTION ITEMS: 1. FORMATION OF A FAMILY ADVISORY BOARD. Assistant Town Administrator Machalek discussed the formation of a Family Advisory Board. Town worked with Estes Valley Investment in Childhood Success to develop draft bylaws for Board consideration. Minor change to the bylaws would address how the focus areas are vetted and approved by the Town Board. He added Town staff would handle taking and posting of minutes to the website which was a voiced concern from the community. Those speaking in favor of the formation included; Kristen Berg/County citizen, Judy Smith/Town citizen, Ken Arnold/Town citizen, Judy Roman/Town citizen, Elizabeth Fogarty/County citizen, and David Batey/County citizen. Comments have been summarized: The town continues to lose families; would promote the involvement of more young people in Town government; demonstrate the Town’s invested in retaining the families who currently live and want to move here; the new Board would create a formal avenue for families to share and provide solutions; childcare options continue to be a need in the area; the Board would provide continuity and direct access for families to the Town Board, and would allow the public more input into what happens in the community, and young families would sustain Estes Park. Board discussion followed and has been summarized: Review the formation after a year of operation; make sure the formation fits into the Board’s Strategic Plan. It was moved and seconded (Norris/Holcomb) to approve the formation of a Family Advisory Board, and it passed unanimously. 4 4 Board of Trustees – February 14, 2017 – Page 3 2. ORDINANCE #04-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE §12.16.010 STREET NAMES-MAP GENERALLY, TO ADDRESS REGULATIONS REGARDING DISPLAY, INSTALLATION AND MAINTENANCE OF OFFICIAL STREET-NAME SIGNS IN THE TOWN OF ESTES PARK. Director Hunt presented a proposed code amendment to revise the Estes Park Municipal Code to appropriately include regulation regarding display, installation and maintenance of official street-name signs within the Town. He stated the code is narrowly focused to address general language and does not allow private parties to post signs at intersections or along non-public streets that resemble street signs. The change has to do with emergency response when the public unknowingly identifies an unofficial street sign to emergency services. The change would not discourage the public from putting up street signs in a suitable way. It was moved and seconded (Martchink/Norris) to approve the Ordinance #04-17, and it passed unanimously. 3. TEMPORARY ENFORCEMENT POLICY FOR VACATION HOMES. Director Hunt presented a policy whereby code compliance enforcement would be held in abeyance during 2017, in order to allow adequate time for operating registrations to be completed and to allow already underway vacation-home reservations and contracts to be fulfilled in an orderly manner and scheduled. He stated that the Town would not interfere with contractual agreements for 2017. The abeyance does not keep staff from enforcing nuisance complaints and would not suspend the registration process. It was moved and seconded (Nelson/Holcomb) to approve the Temporary Enforcement Abeyance Policy for Vacation Homes, to become effective immediately upon approval, and it passed unanimously. 4. POLICY #501 VISITOR CENTER RETAIL SALES AND DISPLAYS. Staff recommended change to the Visitor Center Retail Policy to allow the sale of Town logo items at the Visitor Center. Manager Salerno stated the intent continues to be the sale of small souvenir-type items and Town Centennial logo items to help raise funds in support of the Knoll-Willows Open Space legacy project. Staff would sell tree logo items after the 2017 Centennial year. Town Administrator Lancaster added staff used the National Parks Centennial licensing for the Town Centennial logo licensing. He stated staff would look into licensing for the use of the Town tree logo at a minimal licensing fee. It was moved and seconded (Martchink/Holcomb) to approve Policy 501 Visitor Center Retail be amended to include the sale of Town logo items, and it passed unanimously. 5. ORDINANCE #05-17 AMENDMENT TO ESTES PARK MUNICIPAL CODE §12.20.070 ACTS PROHIBITED ON SIDEWALKS, TO ADDRESS TEMPORARY SIDEWALK ART. Assistant Town Administrator Machalek presented an amendment to the Estes Park Municipal Code pertaining to side walk chalk art, which consists of any manner or medium of temporary art on sidewalks. The Town has hosted events and utilized and encouraged the use of sidewalk chalk. The amendment would provide a medium for quality public art. Staff has collaborated with Parks Advisory Board, specifically Art in Public Places policy to structure an ordinance change allowing temporary sidewalk art approved by Parks Advisory Board, and the Town Board. In order to address concerns an application process was developed to approve each piece of art. All art must be non-permanent, have no definitive timeline and be non-toxic. Ken Smith/Town citizen recommended expanding the amendment to include street art in the downtown area and fairgrounds. Board asked staff to investigate adding streets and bring the item back to Town Board as an Action Item. 5 5 Board of Trustees – February 14, 2017 – Page 4 It was moved and seconded (Norris/Holcomb) to continue the adoption of Ordinance #05-17 to allow temporary sidewalk art to the February 28, 2017 meeting, and it passed unanimously. 6. APPOINTMENT OF TRUSTEE HOLCOMB TO REPRESENT THE TOWN ON THE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS. It was moved and seconded (Walker/Norris) to appoint Trustee Holcomb to represent the Town on the Economic Development Corporation Board of Directors, and it passed unanimously. 7. INTERVIEW COMMITTEE FOR THE FAMILY ADVISORY BOARD APPOINTMENTS. It was moved and seconded (Walker/Holcomb) to appoint Trustees Norris and Martchink to the interview committee for the Family Advisory Board, and it passed unanimously. Town Administrator Lancaster requested the Town Board revise the Governance Policy addressing Board assignments at the next Town Board meeting due to the appointment of Trustee Holcomb to the Economic Development Corporation. Whereupon Mayor Jirsa adjourned the meeting at 8:01 p.m. Todd Jirsa, Mayor Bunny Beers, Recording Secretary 6 6 Town of Estes Park, Larimer County, Colorado, February 14, 2017 Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at the Town Hall in Rooms 202/203 in said Town of Estes Park on the 14th day of February, 2017. Board: Mayor Jirsa, Mayor Pro Tem Koenig, Trustees Holcomb, Martchink, Nelson, Norris and Walker Attending: Mayor Jirsa, Trustees Holcomb, Martchink, Nelson, Norris and Walker Also Attending: Town Administrator Lancaster, Assistant Town Administrator Machalek, Attorney White, Recording Secretary Doering Absent: Mayor Pro Tem Koenig Mayor Jirsa called the meeting to order at 4:30 p.m. Review of the 2017 Street Improvement Plan (STIP). Engineer Stallworth provided a presentation on the proposed street improvements utilizing the 1A sales tax funding through 2024 to bring all Town roadways to a minimum 70 Pavement Condition Index (PCI) rating. The current average PCI for Town roads is 67 and in 2008 the average rating was 81. The decline in pavement condition has occurred due to lack of maintenance (crack sealing, overlays, patching, etc.) over the past 9 years. Implementation of the street improvement plan would result in improved road conditions throughout Town; extensive preventative maintenance would impact a larger percentage of roadways, as opposed to focusing only on major reconstruction projects; and the entire road system PCI would be increased. For 2017, the proposed spending includes: $1,000,000 - MacGregor Avenue Improvements ($450,000 for street improvements, $300,000 from the Open Lands fund and $250,000 from the 1A Trails Expansion Fund for the proposed trail improvements) $100,000 - Crack Sealing of Town streets $400,000 - Seal Coating 5 miles of Town streets $400,000 - Hot Mix Asphalt overlay on 0.9 miles of Town streets $200,000 - Personnel, equipment, etc. $70,000 - Design costs (Note: a 10% contingency has been included in the proposed project work). Board discussion followed and has been summarized: questioned if chip seal is most economical and recommended for residential roads; was the chip seal contractor’s performance as expected; if there are additional funds can excel on the list of repairs; questioned if Cleave Street was a consideration at this time; questioned the status on the drainage issue at the home on Manford. Staff finds chip seal a useful technique and can add traction; the chip seal contractors overall performance was good, crack seal could have been better; if crack seal costs go down there would be acceleration on the list; the Cleave Street project would require additional planning and funding to complete. The Town awaits a response from the homeowner to proceed. Municipal Code Changes: Police Chief Kufeld discussed changes to the Wildlife Ordinance to address issues regarding bears and grease bins. A discussion followed regarding lack of proper containers available from commercial suppliers, citizens dropping trash on top of containers and how to resolve moving forward issues. 7 7 Town Board Study Session – February 14, 2017 – Page 2 Staff requested that Section 7.08.030 Poisoning Animals Prohibited be amended to remove contradictory language. Trustee Walker brought up several issues with the ordinance regarding horses, livestock and acreage. Chief Kufeld and Town Administrator Lancaster stated these items would be investigated further and discussed at another time. Police Chief Kufeld and Attorney White proposed changes to sections of the Muni Code referring to snow and ice removal. Proposed changes would include issues caused by private plowers and damage caused, allowing the ability to enforce these items. Discussion regarding sidewalk clearing, snow banks that block visuals and result in accidents, liability and enforcement of current regulations ensued. Chief Kufeld recommended these issues be changed as the community moves into the snowiest time of year. Attorney White reported on proposed changes to Sections 09.08 and 09.12 of the Municipal Code dealing with disturbing the peace, disorderly conduct, obstructing public streets, panhandling and solicitation on public and private property. The changes would bring the Municipal Code into conformance with recent United State Supreme Court decisions. Mayor Jirsa requested the issue of lifetime dog licensing, microchipping and tattooing be investigated further by Chief Kufeld. Town Government Role in Economic Development as it Relates to the Estes Valley EDC and other Organizations. Town Administrator Lancaster questioned if the Town should have a role in economic development and if so as a lead, supportive, reactive, or to not rule and let the market decide. Board discussion followed and consensus reached to discuss the robust economy section of the strategic plan and review the avalanche report at a future study session to clarify the Boards position. Jon Nicholas(President/CEO Estes Park EDC) informed the board of a vacancy on the Board of the EDC and questioned if the position should be filled with a member of the Town Board. Trustee Holcomb volunteered to fill the position and the item would be brought forward to a Town Board meeting for approval. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Trustee Norris stated the Planning Commission would meet on February 21, 2017 and he would be asking for the status of the Comprehensive Plan update. There being no further business, Mayor Jirsa adjourned the meeting at 6:48 p.m. Tami Doering, Recording Secretary 8 8 Town of Estes Park, Larimer County, Colorado, February 9, 2017 Minutes of a Regular meeting of the PUBLIC SAFETY, UTILITIES & PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 9th day of February, 2017. Committee: Chair Koenig, Trustees Martchink and Nelson Attending: Trustees Martchink and Nelson Also Attending: Chief Kufeld, Directors Bergsten and Muhonen, Supervisor Berg, Manager Ash, Engineer Stallworth, and Recording Secretary Doering Absent: Chair Koenig Trustee Nelson called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. PUBLIC SAFETY Reports Reports provided for informational purposes and made a part of the proceedings. 1. Chief Kufeld introduced Matt Golon, the newest member of the Police department. 2. End of 2016 Year Statistics – Captain Pass stated Rocky Mountain National Park would utilize the Police Facility booking room in 2017. The total Computer Aided Dispatch (CAD) incidents are down from 2015 but above 2014. The number of motor vehicle accidents are down but are on a consistent rise due to the expanding community and increase in visitation. Two motor vehicle accidents resulted in fatalities and several hit and runs, with the majority of these occurring in parking lots. The clearance rate of cases in Estes Park continues to remain above of the national average at 40%. A decline in crimes was seen in 2016, but an increase in the seriousness of the crimes with property crimes highest; the demographics of crimes have remained consistent, and a slight decrease in 911 calls but an increase in administrative calls. Captain Pass reported that the call flow has changed which allows quicker notification for responders of a medical incident. I Am Responding, a software program, has been implemented, which has a quicker notification of fire incidents. Ambulance service would be added to the software in 2017. Restorative Justice volunteer hours have increased over 2015 as the program continues to grow. The committee questioned utilizing the Police Volunteer Auxiliary members to respond to noise complaints or other evening issues. Chief Kufeld stated concern at sending a volunteer to respond to a situation they are not properly trained to handle. 3. Estes Valley Crisis Advocates Annual Report – Executive Director Hankin was hired to replace the former Executive Director Mesropian, who retired in 2016; two new counselors and a bilingual advocate have been hired; and the capitol campaign continues to supports the safe house. 2016 statistics include serving 313 survivors, 1,115 contacts, housed 25 women, two men and seventeen children, provided 678 bed nights and 751 sessions of counselling and provided 36 adults with training. The annual fundraiser brought in over $25,000, and continued fundraising has brought in an additional $5,807. The Endowment fund 9 9 Public Safety, Utilities & Public Works Committee – February 9, 2017 – Page 2 has a balance of $42,268.82. 4. Verbal Updates and Committee Questions: Captain Rose stated the Northern Front Range is noticing an increase in opioid overdoses, specifically heroin. The department has received 40 doses of Narcan to administer and counteract the overdose. Narcan can be administered to animals and children with no ill effects. Chief Kufeld stated the department is working on filling two positions in patrol and a dispatcher, with plans to increase staff during peak hours. UTILITIES Reports 1. Verbal Updates and Committee Questions: Director Bergsten reported the following:  The implementation of the Smart meter/Smart grid continues to progress.  The Dig Once policy: Staff continues to develop the dig once policy and procedure.  Highway 34 holiday opening allowed the department to look at the water model and to identify two locations where work can be done to improve the system.  Broadband engineering would be completed in 2018. Loveland is rebuilding their system and schedules need to coordinate; however, fiber is running through the conduit between Drake and Glen Haven at this time.  FEMA work has been pushed back five steps due to a corrupted file in the database the State uses and presently at step three with a request for a meeting to accelerate the process.  Water Superintendent Boles reported the original membranes that were received arrived frozen on the truck. GE replaced the membranes and they have been installed in the plant. A GE representative has been working on modifications to work with the new membranes. PUBLIC WORKS RECOMMENDATIONS TO THE TOWN BOARD: Art in Public Places - 6 Pikas in the Park. Manager McEachern stated Town Administrator Lancaster recommended this be a part of the Centennial Celebration and beyond. Six pikas would be located on Town property and the Parks Division voted unanimously to approve. Installation would be done by Park staff in early April, and Town Administrator Lancaster stated one to two private property owners need to give approval to proceed. A brochure including clues and the history of each pika would be available as well as pins designed by Planner Gonzales. The committee recommended the Art in Public Places – Pikas in the Park, be included as a Consent Item on the Agenda at the February 28, 2017 Town Board meeting. Reports 1. Public Works Annual Report - Director Muhonen requested feedback for information to be included in the Annual Report. Capital projects came in at approximately $80,000 under budget in 2016 and $28,000 under in the 1A sales tax revenue funds. Grants being managed in 2016 totaled $31 million which includes the $17 million for the Loop project. Fish Creek project would require additional matching funds which would come from the State. Street Division has used the spray patcher to fill 1,928 potholes in 2015 and 1,516 in 2016. The committee questioned the use of the spray patcher by private entities asking for use of the spray patcher and this may be an option if costs are covered. The 10 10 Public Safety, Utilities & Public Works Committee – February 9, 2017 – Page 3 Town continues to be on track to meet the Street Improvement Plan goal of PCI 70 by 2019. The Engineering division worked on $6 million in capital projects in 2016 and anticipates tripling in 2017. 2. Space and Staffing Needs Assessment - Manager Landkamer stated the existing levels in Public Works have been evaluated by the Public Works Leadership Team. Highlights include: creative process focused on customer service; compared operation to industry standards; and obtaining one document to manage and maintain all division staffing plans for the future. Space and equipment needs were generated using a Public Works Facility Calculator and results showed the need for additional space for the Utilities department, additional staff and funding. Consultant McFarland, Space into Place, would assist with the assessment on needs and space. 3. Verbal Updates and Committee Questions: Manager Landkamer updated the Board on the new security camera system. The system includes recording and a total of 60 cameras installed between Town Hall and the Visitor Center. Engineer Ash and Director Muhonen presented an update on the following items:  Moraine Bridge project held an open house and received feedback, decision was reached for Alternative 6, two trails going underneath the bridge. The project continues to be on track with the original schedule, with final plans to be completed approximately June or July.  Feedback was received at an open house for the MacGregor and Wonderview Avenues project, with the major concern being Wonderview Avenue where a measure of safety level is needed to be installed, and presently in negotiations with CDOT.  Digital Marketing Sign Board – Public Works has begun a public feedback campaign for the three digital signs to be place in three locations. Signs would be ordered in March and installed in June.  Fall River Trail showing heightened interest due to Great Outdoors Colorado (GOCO) grant opportunities for construction. The consultant does not have complete designs at this time to move forward in the grant process, but anticipates the completion by the end of March.  Storm Water Master Plan consultants are gathering baseline data and are on schedule for completion by the end of September.  Carriage Hill supplemental water supply plan has been approved and the pond would be filled according to the plan.  The first structured pieces of the parking garage have been installed. Century Link has started work on the fiber optic line issues and girders would be placed on March 6, 2017.  Fish Creek Road and trail repair project – Total of nine box culverts to be installed, three casts in place box culverts are done and Brodie Avenue should be open to traffic by the end of the week. Target completion date including the trail has been estimated for September, 2017. Town Administrator Lancaster stated the RFP for Fish Hatchery is on hold as the Housing Authority requested waiting for the Hydrology report. There being no further business, Trustee Nelson adjourned the meeting at 10:18 a.m. Tami Doering, Recording Secretary 11 11 Town of Estes Park, Larimer County, Colorado, January 20, 2017 Minutes of a regular meeting of the Transportation Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Room 203 of Town Hall, in said Town of Estes Park on the 20th day of January, 2017. Present: Kimberly Campbell Tom Street Amy Hamrick Gordon Slack Belle Morris Ken Zornes Also Present: Bob Holcomb, Town Board Liaison Greg Muhonen, Public Works Director Kevin Ash, Engineering Manager Travis Machalek, Assistant Town Administrator Sandy Osterman, Shuttle Committee Megan Van Hoozer, Public Works Admin. Assistant Eagle Rock Students/Staff Absent: Brian Wells, Shuttle Director Gregg Rounds Stan Black Ann Finley Chair Campbell called the meeting to order at 9:00 a.m. It was moved and seconded (Slack/Morris) to approve the December meeting minutes as presented and the motion passed unanimously. Welcome Eagle Rock Students! Introductions and background information of TAB committee members took place. Director Muhonen described the structure of the community-led Transportation Advisory Board (TAB) as well as the responsibilities of the Public Works Department and the Town Board representative(s). Those attending on behalf of the Eagle Rock School’s Citizen Engagement Group: Aaron Segura, Staff; Cindy Elkins, Staff; Courtney Russel, Associate; and students Amari, Lydia, Mohammad, Sam and Brett. 12 12 Transportation Advisory Board – January 20, 2017 – Page 2 The students were looking at ongoing, future engagement service to the community. Observing the process of the TAB, as well as other advisory board meetings, is one of the initial steps in that process. They were curious to know what youth can do to help shape the community and for opportunities involving educational expansion. GENERAL DISCUSSION With regard to paid parking in downtown Estes Park, Sandy Osterman brought forth the topic of the recent change from free to paid parking involving a parking structure in Denver. There was no positive coverage of the change. Chair Campbell reinforced that only seeing opposing viewpoints makes it difficult to properly gauge acceptance; especially on contentious issues. ATA Machalek mentioned the need for a scientific survey to appropriately gather feedback. Disappointment was expressed with the seeming unwillingness of Rocky Mountain National Park (RMNP) to commit in aiding the Town in troubleshooting transportation issues. Chair Campbell stated that the National Park Service is not prepared to utilize roundabouts on any public land which relates to the intersection at Mary’s Lake Rd and Hwy 36. Chair Campbell reminded the TAB that this item could be added to the agenda for future discussions. SHUTTLE UPDATE: There has been a significant growth in the past 10 years of ridership. In 2006 there were 18,764 riders while 2016 provided transportation to 96,264. The effects of the 2017 budget cuts will mean summer service for the Brown Route will end an hour earlier (8:59pm) saving the Town $22,000. There will also be no post-rodeo and post-Scott Fest transportation. The Town Board reviewed the 2017 budget & added $29,000 to provide a new route – the Green route - operating from 12:00pm to 5:00pm daily, with trips every 15 minutes. The Town will begin to utilize the newly implemented Digital Message Signs (DMS) encouraging visitors to park at the fairgrounds and ride to the Downtown/Visitor Center/Bond Park area. Brian Wells had been active in gaining shuttle sponsorship. The business sponsors will be listed on the shuttle pamphlet. Member Morris suggested a press release be distributed to announce the sponsorship opportunity. 13 13 Transportation Advisory Board – January 20, 2017 – Page 3 PROJECT UPDATES, Kevin Ash, Engineering Manager Moraine Avenue Bridge Replacement – Within the pedestrian walkway to be located under Moraine Avenue, the Town was exploring a second bike lane. However, the lane may impact water flow ability. More discussions would take place at the February 1st Open House in Town Hall. MacGregor Avenue Improvements: Multiple meetings with the consultant had taken place to determine if curb & gutter would be needed on both the east and west sides of the road or east side only. The trail would be constructed on the east side. Additional discussions are set to take place at the Open House on February 3rd in Town Hall. Answers and information would be gathered/decided prior to meeting. Director Muhonen attended the Estes Valley Recreation and Parks District (EVRPD) meeting and alerted the TAB that they had received approval by their Town Board to pick up trail construction concurrent with our project, taking it from the town limits to Lumpy Ridge. Digital Message Signs (DMS): A news release will be issued reflecting the established locations for the signs and will encourage public feedback. During February, the Town will begin to utilize the Police Department signage for location feedback prior to final installation. The location map is available on the Public Works website. The signs will use a minimum of 8” letters and allow for 21 characters. As a result, the sign will be 3’8” tall and 12’ wide. 2017 Street Improvement Program: There will be a presentation on this program at the February 14th Town Board Study Session. All are welcome to attend. Fall River Trail: The design consultant is tentatively scheduled to complete final design plans by the end of March 2017. Effective February 1, 2017, there will be trail connectivity grant opportunities through the Great Outdoors Colorado’s (GOCO) grant program. PROJECT UPDATES, Greg Muhonen, Public Works Director Fish Creek Public Infrastructure Project: Director Muhonen gave the TAB a brief update on upcoming work, including the addition of a precast concrete culvert Intersection will be closed at Scott Ave/ and Fish Creek Rd. The flatwork for the trail along with road repairs were expected to be complete by early summer 2017 while the remaining work was set to be complete by September 2017. 14 14 Transportation Advisory Board – January 20, 2017 – Page 4 Transit Facility Parking Structure: Warmer weather had allowed work to proceed on this project. Director Muhonen stated that the timber design/installation would begin shortly. After additional research and discussions, the Town was able to acquire traditional joinery for the timber rather than black plates with big bolts. This option is less expensive and has more aesthetic appeal. OFFICER ELECTIONS: Kimberly Campbell would nominate herself for an additional term as Chairperson. This nomination was seconded by Member Slack. Chair Campbell informed the group that this would be the last term as Chairperson. All members were in favor of the nomination. For the Vice-Chairperson position of the TAB, Chair Campbell nominated Belle Morris for an additional term. This nomination was seconded by Member Hamrick. All members were in favor of the nomination. TAB INITIATIVES Downtown Estes Loop: Funding for the LOOP project was extended until 2021. Town Board Liaison Holcomb stated that there is a Programming Decision Committee (PDC) Meeting in August. The Right of Way process and design would need to be complete prior to presenting the request for funding reacceleration to PDC. The process may take until February 2018, but the Town is attempting to be ready by August 2017. OTHER BUSINESS Per Member Slack, the condition of Elkhorn Avenue implies that it should be repaired sooner rather than waiting for the LOOP project. Director Muhonen suggested there may be a possibility that CDOT could be reached to request resurfacing. Member Slack anticipated that the road would be gravel before being addressed by the LOOP project. Director Muhonen reminded all that CDOT has many high-need situations in much larger communities and any action by CDOT would be more likely to happen if they received large community feedback. With no other business to discuss, Chair Campbell adjourned the meeting at 10:32 am. 15 15 Town of Estes Park, Larimer County, Colorado, January 20, 2016 Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Board Room of the Estes Park Town Hall, in said Town of Estes Park on the 20th day of January, 2017. Present: Celine Lebeau Carlie Bangs Vicki Papineau Ronna Boles Merle Moore Terry Rustin (via phone) Also Present: Patrick Martchink, Trustee Liaison Greg Muhonen, Director of Public Works Megan Van Hoozer, Public Works Administrative Assistant Brian Berg, Parks Division Supervisor Kevin McEachern, Operations Manager Travis Machalek, Assistant Town Administrator (ATA) Mike Dwyer, Sculpture Artist Eagle Rock Staff/Students Absent: Dewain Lockwood Chair Lebeau called the meeting to order at 11:14 a.m. NO PUBLIC COMMENT GENERAL BUSINESS It was moved and seconded (Papineau/Bangs) to approve the December meeting minutes with corrections and the motion passed unanimously. The Parks Advisory Board (PAB) welcomed the Eagle Rock Students and staff as they observed the public process of conducting a board meeting. 16 16 Parks Advisory Board – January 20, 2017 – Page 2 MOUNTAIN FESTIVAL UPDATE Member Bangs stated that the Mountain Festival is moving along with planning and solidification of the event. There has been no major changes since last month’s update to PAB members. The question was posed whether or not tent rentals would be necessary. Supervisor Berg stated he’d met with Events Center staff and the recommendation was made by Director Rob Hinkle to utilize the Pavilion Stage for the festival. He stated we’d look at the funding and revenue generated this year before we plan for additional expenditures. AIPP – CONCRETE PING PONG Assistant Town Administrator Travis Machalek presented proposal for outdoor concrete ping pong table(s). The tables would be anchored into the ground, are mainly graffiti- proof, and are regulation size tables with a 50-year useful life. The cost is estimated to be from $4,500 to $6,000 depending on the color/style. There are multiple options for table placement: Visitor Center East Side (multiple spots) – provides buffer for wind Visitor Center West Side – there is a location for 2 ping pong tables creating a Ping Pong park – no wind buffer, but more sunshine. KIND Coffee East Side – would add to amenities, but there would be more ground preparation required. Amy Hamrick is the owner of KIND Coffee and loves the idea of having a concrete ping-pong table outside her location. It is necessary to provide a prioritized list due to concerns expressed over the high traffic locations prior to making a final determination. Concerns were mentioned related to the replacement cost for paddles and balls. Some ideas are: Require a deposit and driver license in order to get the game materials. Potential ‘gumball machine’ type dispenser for the ball disbursement that would require a quarter be paid. Bio-degradable balls 17 17 Parks Advisory Board – January 20, 2017 – Page 3 AIPP – PIKAS IN THE PARK Supervisor Berg presented the Arts In Public Places: Pikas In The Park applications. The ‘pika’ artist, Mike Dwyer, brought wax molds of the six pikas being placed on public land. Individual donations ($475 each) have been made. There are also six additional pikas that were sponsored for private properties. The Parks Division will install all 12 bronze pikas with a weld anchor and drill into a medium with epoxy. A brochure/handout is being created and will provided by the Visitor Center to all those wishing to participate in finding Pikas In The Park. All pikas are named after historical figures from the Estes Park community. Supervisor Berg walked the group through all public locations for which approval was required. The plan would be for these bronzes to be installed in early April - prior to the Centennial Celebration. Artist Mike Dwyer stated the casting would take place starting within the coming weeks. Town Administrator Lancaster will personally provide funding for the prize buttons/pins given to the individuals who have found all the hidden pikas. A strategy is still being developed surrounding the disbursement of the prize buttons/pins. Member Rustin (via telephone) suggested a public display of the pikas be organized prior to installation. The purpose would be to gain public acceptance. A motion was made to approve the locations and to proceed to Town Board for approval (Papineau/Bangs). All members were in favor. AIPP – SIDEWALK CHALK Assistant Town Administrator Travis Machalek presented a change to the municipal code surrounding non-permanent signs, symbols, or marks to be applied to public sidewalks. Currently sidewalk chalk is a violation of municipal code. The proposal would loosen restrictions, but not create a free-for-all. All ideas for art / temporary sidewalk art would require an application be submitted for review by the Parks Advisory Board (PAB). The application would require a plan and timeline for removal. Within the municipal code, the Town would take out the hard and fast timeline rules and the need for only water-soluble application. This allows the PAB to provide a determination on the appropriateness of the terms on a case-by-case basis while also 18 18 Parks Advisory Board – January 20, 2017 – Page 4 giving consideration of business impacts. All the information provided has been reviewed by the Town Attorney and conforms to legal codes. With changes, a motion was made to approve the PAB role in the approval or denial of applications and recommend the proposal be taken to the Town Board in favor of the change. All members were in favor the recommendation. OFFICER ELECTIONS For the election of the Chairperson position of the PAB, Member Bangs nominated Celine Lebeau with a second from Member Papineau and all were in favor. For the election of the Co-Chairperson, Chair Lebeau nominated Merle Moore which was seconded and all members were in favor. TUNNEL LIGHTING One disco light has been installed in the Riverwalk tunnel. The light is located in the center of the tunnel and is operational in the morning. The individual disco light was installed as a test to get community feedback. Initially, the idea was to have LED lights during the day and would have five additional disco lights installed to show true impact. At the time of the initial installation, the contracted electrician provided ability for additional lights as well as speakers to be wired for music. All future work is dependent on board and citizen feedback. Per Member Moore, he has already received a good response from a visitor walking in the tunnel. There are concerns about vandalism to the disco light, but there is a preventative measure in place. Supervisor Berg shared that there is a highly durable housing fabricated for the light providing a small hole for moisture drainage, and a large enough space for the light to escape creating the patterns on the floor. A motion was made and seconded (Bangs/Lebeau) to install the remaining lights in the tunnel. All members were in favor. UTILITY BOX Member Boles presented a draft Request for Qualifications containing review notes from Member Papineau. Member Boles suggested PAB review the information before 19 19 Parks Advisory Board – January 20, 2017 – Page 5 the next meeting to enable question-answering and full discussion with all PAB members. She stated she’d like to get something finalized at the February meeting. There is a free test option for the utility box wraps per Bill Slater, a vinyl wrap company owner with ties to James Frank, a local artist currently under contract. Not all questions have been addressed, however since it is a test, there is no requirement to provide a public ‘bid’ process. Slater stated that, for Estes Park, the wraps should last 7 years. If a problem arises with the wrap, there is the ability to have replaced in one day. There was continued discussion regarding how painting the boxes compares to the wraps in durability/life expectancy. It was determined that the box outside the police station would be the best place to conduct the test for the free wrap. The painted box outside Ed’s Cantina is test enough for the paint and the confidence in its durability. Town Board Liaison Martchink stated he viewed vinyl trash can wraps in West Yellowstone, Montana. He wasn’t certain how long they’d been there, but they appeared to be in pretty rough condition. OTHER BUSINESS Referencing the November 2016 meeting, the requested “Dismount Here” signage is in the planning stage to determine the best application method to implement. At this point it appears a heat decal applied with a blowtorch would properly adhere signage to the sidewalk. Updates will be provided as progress is made. Member Moore completed the final review of the Development Code Plant List and Megan Van Hoozer will submit the finalized list to Estes Park Community Development Department for review and approval. Moore asked that the minutes reflect his sincere appreciation for Megan’s assistance in creating the final version of the plant list in Windows Excel format. With no other business to discuss, Chair Lebeau adjourned the meeting at 12:36 p.m. 20 20 RECORD OF PROCEEDINGS Estes Valley Planning Commission January 17, 2017 Board Room, Estes Park Town Hall Commission:  Chair Michael Moon, Vice‐Chair Russ Schneider, Commissioners Betty Hull, Doug  Klink, Steve Murphree, Sharry White, one vacant position  Attending:  Chair Moon, Commissioners Schneider, Hull, Klink, Murphree, and White   Also Attending: Community Development Director Randy Hunt, Planner Audem Gonzales,  Planner Carrie McCool, and Recording Secretary Karen Thompson   Absent:  Town Board Liaison Ron Norris, County Liaison Michael Whitley  Chair Moon called the meeting to order at 1:3 p.m.  There were six people in attendance.    1.PUBLIC COMMENT Paul Brown and Tim Hull, local residents, presented information regarding tiny houses.  Mr. Brown stated he would like to have a discussion with the Planning Commissioners and staff at a future study session. 2.CONSENT AGENDA A. Approval of minutes, December 20, 2016 Planning Commission meeting. It was moved and seconded (Schneider/Murphree) to approve the consent item as  presented and the motion passed 5‐0 with one vacancy, and Commissioner White  abstaining.  B. Request to continue Development Plan 2016‐08, Dollar General, to the February Planning  Commission meeting.   It was moved and seconded (Klink/White) to approve the consent item as presented and  the motion passed 6‐0 with one vacancy.    3.REZONING REQUEST, LOT 35, GRAND ESTATES SUBDIVISION, 507 Grand Estates Drive Planner McCool was the lead planner on this project. The applicant, Equinox Community Investment, LLC (c/o Steve Lane) requests to rezone the parcel from CO–Commercial Outlying to RM–Multi‐Family Residential. The applicant’s goal is to develop workforce housing at this location. Planner McCool stated the requirement of a development plan was waived at this time due to the small size and limited complexity associated with potential multi‐family development. The Estes Valley Development Code (EVDC) allows a maximum of eight (8) dwelling units on the site, or up to 16 units if classified as “attainable” housing. The development plan waiver applies only to the rezoning; a development plan would still be required at the time the site layout is determined. Planner McCool stated a legal notice was published in the local newspaper, and the application was routed to affected agencies. Adjacent property owners were notified. Two 21 21 RECORD OF PROCEEDINGS Estes Valley Planning Commission January 17, 2017 Board Room, Estes Park Town Hall comments were received, one was supportive of the rezoning, and the other requested any multi‐ family development be limited to eight units. Affected agencies had no significant comments at  this time, but reserved the right to comment once a development plan was submitted. Staff  supports recommending this rezoning request to the Town Board.  Staff and Commission Discussion  None.  Public Comment  Steve Lane/applicant stated he has owned the property for nine years and has explored several  opportunities for commercial use.  The use for multi‐family residential use is very viable.   Jim Docter/town resident agreed that multi‐family use is an excellent use for the property. He  suggested limiting the number of units to eight.  It was moved and seconded (White/Hull) to recommend approval of the rezoning request to the  Estes Park Town Board with the findings of fact and conclusions of law, as recommended by  staff and the motion passed 6‐0 with one vacancy.   4.REPORTS A. Director Hunt reported on a vacation home code amendment that will be forthcoming. B. Director Hunt provide an update on the Downtown Plan. The Steering Committee has looked at draft sign code revisions. The Town will be looking at the sign code from Laramie Wyoming  as a possible draft for Estes Park.  This could be a topic of discussion for the February Study  session.  C. Director Hunt provided a Floodplain Mapping update, stating the public meeting regarding the  hydrology study will take place late February or early March.    D. Commissioner White requested more discussion on tiny homes. There was a brief discussion  on this topic, with a comment being made regarding buy‐in from the Town Trustees before  moving forward with any proposed code amendment.   E. Commissioner Hull gave a brief report regarding her research on the Estes Valley  Comprehensive Plan.    F. Chair Moon will communicate with County Commissioner Donnelly regarding the vacant  Planning Commission position.   G. Director Hunt provided an update on the process for reviewing vacation homes with  occupancies of nine or more.   H. Commissioner Schneider thanked Commissioner Hull for her service to the Planning  Commission as Chair.    22 22 RECORD OF PROCEEDINGS Estes Valley Planning Commission January 17, 2017 Board Room, Estes Park Town Hall There being no further business, Chair Moon adjourned the meeting at 2:38 p.m.  _________________________________  Michael Moon, Chair  ___________________________________  Karen Thompson, Recording Secretary  23 23 24 24 RESOLUTION #03-17 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New HOTEL & RESTAURANT Liquor License, filed by BIRD & JIM LLC, 915 MORAINE AVENUE, Estes Park, Colorado, is February 1, 2017. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, March 28, 2017, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.7 miles, as measured from the center of the applicant's property. DATED this day of TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 25 25 RESOLUTION #06-17 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New LODGING & ENTERTAINMENT Liquor License, filed by LAZY B CHUCKWAGON AND SHOW, LLC, 600 W. Elkhorn, Estes Park, Colorado, is February 20, 2017. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, March 28, 2017, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.5 miles, as measured from the center of the applicant's property. DATED this day of TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 26 26 27 27 ADMINISTRATION Memo To: Honorable Mayor Jirsa Board of Trustees Frank Lancaster, Town Administrator From: Travis Machalek, Assistant Town Administrator Date: February 28, 2017 RE: Memorandum of Understanding with Estes Park Housing Authority Objective: To approve minor changes to the memorandum of understanding (MOU) between the Town of Estes Park and the Estes Park Housing Authority (EPHA). Present Situation: Staff from the both Town and the EPHA have been working on two minor changes to the MOU between the two organizations. The changes pertain to billing for information technology services and the mechanism by which the Town provides funding to the EPHA. The EPHA has been paying for the cost of information technology (IT) services provided by the Town for the last two years. This is not reflected in the current version of the MOU and an update is needed for accuracy. The Town’s Information Technology division determines the cost for these services and bills the EPHA on a monthly basis to cover these costs. The change in funding mechanism would allow the Town greater flexibility in choosing the manner in which it provides financial support to the EPHA. At this time, the MOU stipulates that the EPHA must use the Town’s Community Services Grant funding program to make any funding requests. The EPHA Board approved the changes to the MOU on February 8, 2017. The Community Development/Community Services Committee recommended approval of these changes to the Board at their February 23, 2017 meeting as a consent agenda item. Advantages: •Ensures adequate coverage of the Town’s costs to provide IT support to the Housing Authority •Allows greater flexibility for the Town in choosing how to fund the EPHA 28 28 Disadvantages: •None Budget: There is no direct budget impact to the Town from this item. Level of Public Interest: Low Sample Motion: Consent agenda. 29 29 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK AND THE ESTES PARK HOUSING AUTHORITY THIS MEMORANDUM OF UNDERSTANDING (“MOU”), is effective this 28th day of May, 2013, and revised on February 14, 2017 by and between the ESTES PARK HOUSING AUTHORITY (“EPHA”) and the TOWN OF ESTES PARK (the “TOWN”), a municipal corporation. RECITALS THE ESTES PARK HOUSING AUTHORITY was formed by the Town of Estes Park on April 7, 1993 through resolution #15-93. THE ESTES PARK HOUSING AUTHORITY’S mission Statement is: ‘ In order to create a balanced and sustainable community, the Estes Park Housing Authority creates and facilitates housing opportunities for low to moderate income households.’ THE ESTES PARK HOUSING AUTHORITY having been formed by the Town of Estes Park, is charged to regularly investigate, research and monitor on an ongoing basis the local housing market conditions, needs and gaps: to make recommendations, offer solutions and fill the housing needs as they arise in order to meet the housing needs of the Estes Park community. The EPHA, develops and manages housing projects and programs for the residents of the Park R3 school district. The TOWN has provided continual financial and administrative support to assist EPHA in providing affordable housing services to area residents. EPHA and the TOWN wish to clarify and document the level of anticipated support given to EPHA by the TOWN. IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN, the TOWN and EPHA agree as follows: 1.Office Space. The TOWN agrees to provide, free of charge, office space to EPHA. The location and size shall be determined by the TOWN after consultation with EPHA. The TOWN will make reasonable efforts to accommodate EPHA, but offers no guarantee of its ability to provide office space. 30 30 The TOWN agrees to furnish, at no cost to EPHA, electric, heat, water, and telephone services and telephone for the office space. EPHA is responsible for its office furniture, supplies, equipment and computers. In the event office space is not available in Town facilities due to Town needs, EPHA shall be responsible for its own office space, including utilities. 2.IT (Information Technology) Services. The TOWN agrees to furnish, , networking connectivity services for the use by the EPHA at the office space provided by the TOWN. The cost for these services will be determined by the IT Department on an annual basis and billed monthly to the EPHA. 3.Mail Services. The TOWN agrees to permit the EPHA to utilize the PO Box of the TOWN (PO Box 1200) and to receive and send mail from the Town Hall location or other location as the TOWN designates. 4.Legal Services. The TOWN agrees to pay for legal services provided by the Town Attorney up to an annual maximum amount of $10,000. EPHA agrees to only use the Town Attorney on a limited basis and not for any legal matters regarding tenants, evictions, and regulatory issues. EPHA has utilized, and will continue to utilize, outside attorneys for these listed issues. EPHA is solely responsible for all fees charged by said outside counsel. EPHA agrees to refer any matter to outside counsel which the Town Attorney, in his sole discretion, determines that it is not appropriate for the Town Attorney to provide legal advice to EPHA. 5.Copier and Fax Services. The TOWN agrees to allow EPHA to utilize copier and fax services. EPHA agrees to pay for copies and paper. 6.Annual Funding. The TOWN agrees to consider an annual funding request through whichever method/funding mechanism is appropriate. . The Town agrees to inform the EPHA on how they wish to receive their funding requests. EPHA agrees to continue to attempt to reduce its annual request for funding. The TOWN makes no guarantee that any funds will be allocated to EPHA. 7.EPHA Employees Benefits Plan. To the extent permitted by law and the terms of third party provider agreements, the TOWN shall allow EPHA employees to be covered for all current Town benefits (medical, dental, vision, EAP, health club, flex plans, etc.). EPHA shall reimburse the TOWN for all costs of the benefits for EPHA employees plus an administrative fee equal to 3% of the medical benefits for the management and administration of those services. EPHA understands 31 31 and agrees that the TOWN shall not be responsible for any human resource/personnel matters as part of its provision of the benefits. Neither EPHA nor its employees shall seek advice or counsel from the TOWN with regard to any human resource/personnel issues concerning EPHA employees. EPHA specifically waives any claim against the TOWN and any individual employee, consultant, agent, or volunteer of the TOWN for any act or omission in the performance or non-performance of its benefit processing and administrative services for EPHA employees. 8.Annual Appropriation. EPHA acknowledges and agrees that any requirements for future appropriations by the Town to provide funding and/or services to EPHA shall constitute only currently budgeted expenditures of the Town. No provision of this MOU shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of the Town. No provision of this MOU 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 MOU shall not directly or indirectly obligate the Town to appropriate funds beyond the Town’s then current fiscal year. 9.Notice. Any notice required or permitted by this MOU will be deemed effective when personally delivered in writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified, and return receipt requested, and addressed as follows: Estes Park Housing Authority Town of Estes Park Attn: Executive Director Attn: Town Administrator P O Box 1200 P O Box 1200 Estes Park, CO 80517 Estes Park, CO 80517 10.Annual Review. The Parties agree to meet, through their administrative staffs, to discuss the terms and conditions of this MOU, any future issues, any other issues needed to be addressed in this MOU, and make recommendations to the Board of Trustees and the Housing Authority Commissioners for any appropriate amendment to this MOU. 11.Entire Agreement. This MOU embodies the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this MOU supersedes all previous communications, 32 32 representations, or agreements, either verbal or written, between the Parties. This MOU may not be modified or amended except by written agreement of the parties. 12. Termination. Either party may terminate this MOU upon one hundred eighty (180) days written notice prior to the end of any calendar year. Said termination shall be effective as of the last day of the applicable calendar year. 13. Governmental Immunity. The Parties understand and agree that each party is relying on and does not waive, by any provision of this MOU, the monetary limitations, terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the Parties or any of their officers, agents or employees. ESTES PARK HOUSING AUTHORITY TOWN OF ESTES PARK By: ____________________________ By: _________________ ATTEST: _____________________ Town Clerk 33 33 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF ESTES PARK AND THE ESTES PARK HOUSING AUTHORITY THIS MEMORANDUM OF UNDERSTANDING (“MOU”), is effective this 28th day of May, 2013, and revised on February 14, 2017 by and between the ESTES PARK HOUSING AUTHORITY (“EPHA”) and the TOWN OF ESTES PARK (the “TOWN”), a municipal corporation. RECITALS THE ESTES PARK HOUSING AUTHORITY was formed by the Town of Estes Park on April 7, 1993 through resolution #15-93. THE ESTES PARK HOUSING AUTHORITY’S mission Statement is: ‘ In order to create a balanced and sustainable community, the Estes Park Housing Authority creates and facilitates housing opportunities for low to moderate income households.’ THE ESTES PARK HOUSING AUTHORITY having been formed by the Town of Estes Park, is charged to regularly investigate, research and monitor on an ongoing basis the local housing market conditions, needs and gaps: to make recommendations, offer solutions and fill the housing needs as they arise in order to meet the housing needs of the Estes Park community. The EPHA, develops and manages housing projects and programs for the residents of the Park R3 school district. The TOWN has provided continual financial and administrative support to assist EPHA in providing affordable housing services to area residents. EPHA and the TOWN wish to clarify and document the level of anticipated support given to EPHA by the TOWN. IN CONSIDERATION OF THE FOREGOING RECITALS, WHICH ARE INCORPORATED HEREIN, the TOWN and EPHA agree as follows: 1.Office Space. The TOWN agrees to provide, free of charge, office space to EPHA. The location and size shall be determined by the TOWN after consultation with EPHA. The TOWN will make reasonable efforts to accommodate EPHA, but offers no guarantee of its ability to provide office space. 34 34 The TOWN agrees to furnish, at no cost to EPHA, electric, heat, water, and telephone services and telephone for the office space. EPHA is responsible for its office furniture, supplies, equipment and computers. In the event office space is not available in Town facilities due to Town needs, EPHA shall be responsible for its own office space, including utilities. 2.IT (Information Technology) Services. The TOWN agrees to furnish, free of charge, networking connectivity services for the use by the EPHA at the office space provided by the TOWN. The cost for these services will be determined by the IT Department on an annual basis and billed monthly to the EPHA. 3.Mail Services. The TOWN agrees to permit the EPHA to utilize the PO Box of the TOWN (PO Box 1200) and to receive and send mail from the Town Hall location or other location as the TOWN designates. 4. Legal Services. The TOWN agrees to pay for legal services provided by the Town Attorney up to an annual maximum amount of $10,000. EPHA agrees to only use the Town Attorney on a limited basis and not for any legal matters regarding tenants, evictions, and regulatory issues. EPHA has utilized, and will continue to utilize, outside attorneys for these listed issues. EPHA is solely responsible for all fees charged by said outside counsel. EPHA agrees to refer any matter to outside counsel which the Town Attorney, in his sole discretion, determines that it is not appropriate for the Town Attorney to provide legal advice to EPHA. 5.Copier and Fax Services. The TOWN agrees to allow EPHA to utilize copier and fax services. EPHA agrees to pay for copies and paper. 6.Annual Funding. The TOWN agrees to consider an annual funding request through whichever method/funding mechanism is appropriate. its Community Services Grant. . The Town agrees to inform the EPHA on how they wish to receive their funding requests. EPHA agrees to continue to attempt to reduce its annual request for funding. The TOWN makes no guarantee that any funds will be allocated to EPHA. 7.EPHA Employees Benefits Plan. To the extent permitted by law and the terms of third party provider agreements, the TOWN shall allow EPHA employees to be covered for all current Town benefits (medical, dental, vision, EAP, health club, flex plans, etc.). EPHA shall reimburse the TOWN for all costs of the benefits for EPHA employees plus an administrative fee equal to 3% of the medical benefits 35 35 for the management and administration of those services. EPHA understands and agrees that the TOWN shall not be responsible for any human resource/personnel matters as part of its provision of the benefits. Neither EPHA nor its employees shall seek advice or counsel from the TOWN with regard to any human resource/personnel issues concerning EPHA employees. EPHA specifically waives any claim against the TOWN and any individual employee, consultant, agent, or volunteer of the TOWN for any act or omission in the performance or non-performance of its benefit processing and administrative services for EPHA employees. 8. Annual Appropriation. EPHA acknowledges and agrees that any requirements for future appropriations by the Town to provide funding and/or services to EPHA shall constitute only currently budgeted expenditures of the Town. No provision of this MOU shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of the Town. No provision of this MOU 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 MOU shall not directly or indirectly obligate the Town to appropriate funds beyond the Town’s then current fiscal year. 9.Notice. Any notice required or permitted by this MOU will be deemed effective when personally delivered in writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified, and return receipt requested, and addressed as follows: Estes Park Housing Authority Town of Estes Park Attn: Executive Director Attn: Town Administrator P O Box 1200 P O Box 1200 Estes Park, CO 80517 Estes Park, CO 80517 10.Annual Review. The Parties agree to meet, through their administrative staffs, to discuss the terms and conditions of this MOU, any future issues, any other issues needed to be addressed in this MOU, and make recommendations to the Board of Trustees and the Housing Authority Commissioners for any appropriate amendment to this MOU. 11.Entire Agreement. This MOU embodies the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than those 36 36 contained herein, and this MOU supersedes all previous communications, representations, or agreements, either verbal or written, between the Parties. This MOU may not be modified or amended except by written agreement of the parties. 12. Termination. Either party may terminate this MOU upon one hundred eighty (180) days written notice prior to the end of any calendar year. Said termination shall be effective as of the last day of the applicable calendar year. 13. Governmental Immunity. The Parties understand and agree that each party is relying on and does not waive, by any provision of this MOU, the monetary limitations, terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the Parties or any of their officers, agents or employees. ESTES PARK HOUSING AUTHORITY TOWN OF ESTES PARK By: ____________________________ By: _________________ ATTEST: _____________________ Town Clerk 37 37 Overview of Colorado Municipal Home Rule by Tami Yellico, Manager Municipal Services Colorado Municipal League Your source for advocacy, information and training. The views expressed at this forum are those solely of the presenter, and any legal advice should be obtained by appropriate legal counsel Prepared in May 2012 . Municipal Home Rule in Colorado • Municipalities lacking home rule status are limited to exercising those powers that have been granted by the state 1902 - Citizens in cities of the first and second class may adopt home rule under amendment to the Colorado Constitution 1912 - Section 6 of Article XX specifically enumerated various municipal home rule powers with a “catch-all” paragraph 1970 - Section 9 extended the right to adopt home rule to the citizens of every municipality • Article XX of the Colorado Constitution reserves both structural and functional home rule powers to municipalities and “the full right of self government in local and municipal matters “ to citizens General Arguments For Home Rule • Article XX of the Colorado Constitution grants both general and specific powers to home rule municipalities • Provides greater flexibility to solve local problems because municipalities are less constrained by state requirements • Allows quicker response time to emergency situations as there is no need to wait for the entire state legislative process • Home rule municipalities are not required to follow state statutes in matters of local and municipal concern and therefore enjoy freedom from state interference regarding local and municipal matters 38 38 General Arguments For Home Rule • Allows municipalities to legislate with confidence on any and all matters of local concern – Authority granted by state statutes is sometimes ambiguous. • Enhances citizen control, interest, involvement and pride in their municipal government • The embodiment of the principle that the best government is the one that is the closest to the people General Arguments Against Home Rule • Restrictive charters may limit the potential flexibility of home rule • Dissatisfied citizens may adopt binding charter amendments, i.e. amendments which cannot be changed or repealed by the governing body without a subsequent vote of the people • Legal uncertainties may arise when the municipality legislates in a relatively new area; the ultimate determination of whether a matter is truly of “local concern” requires an ad hoc determination in court General Arguments Against Home Rule • Costs for adopting a home rule charter – attorney’s or other consultant’s fees, expenses incurred from publication requirements, election costs, etc. can burden the municipality • A change in the status quo may create unnecessary risks in a community that is satisfied operating under existing statutes • Unless restricted by the charter, a home rule municipality has the potential to exercise more governmental powers than are available to statutory municipalities, which some local citizens may see as a disadvantage 39 39 Timeline for Home Rule Election • Within 180 days of its election, the charter commission shall submit to the governing body a proposed charter • Within 30 days after the date that the charter commission submits the proposed charter to it, the governing body shall publish and give notice of an election to determine whether the proposed charter shall be approved • The election shall not be held less than 30 nor more than 185 days after publication of the notice Drafting a Home Rule Charter Under Colorado law, the charter is principally an instrument of limitation in Colorado. The charter sets forth the basic: (1) structure and organization of government; (2) procedures to be followed by municipal government in the conduct of its business; (3) powers of municipal officials and agencies, including any limitations. It is not necessary for the charter to spell out the details of municipal operations • Details can be left to the city council. • State law applies in the absence of a charter or ordinance provision. Charters are not easily or readily amended; consequently, great care must go into their drafting and unnecessary details and verbiage should be avoided. Contents of a Municipal Charter •Mandatory provisions: – Initiative and referendum of measures – Recall of officers •Other examples of charter provisions – Prefatory synopsis – Provisions continuing, amending or repealing existing ordinances – Form of government – allocation of legislative and administrative powers – Qualifications, terms of office, number of councilmembers and method of election – Election procedures – Administrative organization – Boards and commissions – Procedures for passage of ordinances, resolutions and motions – Personnel, merit or civil service system – Legal and judicial affairs – Budget control and financing – Municipal borrowing – Eminent domain •Borrowing provisions from other charters is helpful and time saving, but be wary of using charters from Colorado municipalities that were adopted years ago, guard against lifting unnecessary detail from other charters and be aware that charter provisions borrowedfrom the municipalities may not be relevant or appropriate for your community. 40 40 Considerations in Drafting a Charter • Be aware of the tight timeline • Use your staff or consultant extensively and effectively • Obtain competent legal advice • Provide adequate opportunity for citizen input before finalized decisions • Charter commissions may adopt an organization similar to their existing organization • Think long term Considerations in Drafting a Charter • Define which actions must be by ordinance as opposed to resolution or motion and the procedures applicable to enactment of ordinances. Make clear who votes and how many votes are necessary for the council to act • Include fundamental and priority features, leaving other provisions to subsequent action by city council and staff. Leave the elected officials with sufficient flexibility to act and be responsive • Cross-reference state statute where appropriate, such as municipal election procedures • Financing provisions, such as municipal bonding and use of local improvement districts, are important • Be careful about including unnecessary provisions sought by special interests Considerations in Drafting a Charter • A good process can facilitate drafting of a good charter and enhance chances for its approval by the citizens • Constructive debate can be healthy – remember the debate which was carried out at the Constitutional Convention in Philadelphia. •Work as a team! 41 41 Authority and Flexibility Afforded to Home Rule Municipalities • Form of Government: – City manager who answers to council, strong mayor - weak council, or strong council - weak mayor system – Clear authority to adopt the council/manager form of government • Elected Officials – Clarification of powers for mayor, council, manager, other officers, and boards and commissions – Disqualifying circumstances, grounds and procedures for discipline, or removal from office – Minimum age requirements Authority and Flexibility Afforded to Home Rule Municipalities • Elective Offices – Number and types of offices, the date when newly elected officials take office, and provide flexibility for being elected at-large, by districts and redistricting – Modify or eliminate term limits for mayor and council • Elections – Regular election dates and times other than the dates required by statute – Flexibility for special election dates – Procedures for initiative, referendum and recall – Expand the right to vote in municipal elections – Expand certain citizen powers, like initiative, referendum and recall Authority and Flexibility Afforded to Home Rule Municipalities • Procedures – Enactment of local ordinances to expedite consideration and effective dates, such as one-reading procedure for emergency ordinances in cities – Option to delegate decisions to administrative staff – Repeal or modify statutory provisions governing bidding and awarding of public projects and disposal of public property – Establish local zoning, subdivision and other land use procedures which are different from those applicable to statutory municipalities – Provide council procedures and bind elected officials to them 42 42 Authority and Flexibility Afforded to Home Rule Municipalities • Finances – Collection and enforcement of local sales/use taxes – Broader or narrower sales and use tax base – Additional types of excise taxes: admissions, entertainment, tourism, and lodgers’ taxes – Clarify, simplify, or otherwise revise procedures for budget and appropriation and municipal enterprises – Authorize refunds and exemptions not authorized by state law – Increase general obligation bond authority and streamline requirements for issuance of bonds – Facilitate formation of special improvement districts and expand purposes for which they can be formed •Home rule does not exempt municipalities from TABOR requirements. Authority and Flexibility Afforded to Home Rule Municipalities – • Miscellaneous Powers – Alternative procedures for management and operation of municipal utilities – Terms and conditions of municipal employment – Broaden municipal court jurisdiction – Provide additional tools for economic development – Clarify authority for or expand the types of services which the municipality can provide – Set forth more specific ethics and conflict of interest rules Decisions To Be Made By The Town Board •Size of the Charter Commission – If your municipal population is over 2,000, then the commission may be composed of 9 to 21 members (must be an odd-number) – If your municipal population is under 2,000, then the commission shall be composed of 9 members •Date & time that the charter commission meets – Eligibility to serve on the charter commission shall extend to all registered electors of the municipality – The commission may employ a staff; consult and retain experts. •Calendar for placing a home rule initiative on the ballot 43 43 Growth in Home Rule Municipalities: 1920-2009 Prepared by CML August 2009 1920 1930 1940 1950 1960 1970 1980 1990 2000 2007 2009* State Population 939,191 1,035,791 1,123,296 1,325,271 1,771,158 2,224,610 2,907,856 3,304,042 4,301,261 4,919,884 Municipal Population 566,802 641,847 722,237 888,269 1,212,609 1,656,548 2,120,347 2,383,045 3,125,839 3,567,857 % of State Population in Municipaliti es 60.35% 61.97% 64.30% 67.03% 68.46% 74.46% 72.92% 72.13% 72.67% 72.52% Home Rule Municipal Population 368,392 418,667 466,627 610,252 875,871 1,301,486 1,757,578 2,132,834 2,764,817 3,225,293 % of State Population in Home Rule Municipaliti es 39.22% 40.42% 41.54% 46.05% 49.45% 58.50% 60.44% 64.55% 64.27% 65.56% % of Municipal Population in Home Rule Municipaliti es 64.99% 65.23% 64.61% 68.70% 72.23% 78.57% 82.89% 89.50% 88.45% 90.40% Number of Home Rule Municipaliti es 9101013 223856688096100 * population data not available for 2009 Resources at the League •Matrix of Home Rule Charters (2017) publication •Home Rule Handbook (2017) publication •Copies of every home rule charter •Sample educational materials to distribute to citizens 44 44 Questions Feel free to contact me at Smamet@cml.org or (303) 831-6411. 45 45 Town Clerk Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: February 28, 2017 RE: Resolution 04-17, Intent to Annex Cloud Nine Subdivision Addition Objective: To set the public hearing for the annexation of Cloud Nine Subdivision Addition. Present Situation: Karen Cherman & Kathleen Gagliano submitted an annexation application and petition to the Town Clerk on January 23, 2017 for the property located at 1595 Fish Hatchery Road. The applicant has also submitted an application for a minor subdivision. The property is north of the Harmony property which was annexed in 2013. The annexation has been reviewed by Town staff and Attorney White and found substantially complete. The annexation will not require an annexation agreement. Proposal: To move the item forward by setting the public hearing for March 28, 2017 with the passage of Resolution #04-17. This would provide time for the required 30 public notices as required by state statute. Advantages: Approval of the Resolution would set the annexation hearing date and move the project forward. Disadvantages: None. Action Recommended: Approve Resolution #04-17 Budget: None. Level of Public Interest: Low Sample Motion: I move to approve Resolution #04-17 Attachments: •Resolution #04-17 46 46 RESOLUTION NO. 04-17 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town Clerk requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleys, and any land owned by the annexing municipality. Such area, if annexed, will be known as “CLOUD NINE SUBDIVISION ADDITION” to the Town of Estes Park, Colorado. Such area is described as follows: Containing Acres: 3.13 A PORTION OF THE SE 1/4 OF SECTION 16, T5N, R73W OF THE 6th P.M. LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: PARCEL 1 RANGE 73 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 16 WITH ALL BEARINGS CONTAINED HEREIN RELATIVE TO THE EAST LINE OF THE SE 1/4 OF SAID SECTION 16 CONSIDERED AS BEARING S01°19'00"W; THENCE S01°23'O2"W A DISTANCE OF 1315.31 FEET TO THE CALCULATED SOUTH 1/16TH CORNER OF SECTIONS 16/15; THENCE S89°14'30"W A DISTANCE OF 1298.19 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SE 1/4 TO THE SOUTHEAST 1/16TH CORNER OF SAID SECTION 16 AND THE TRUE POINT OF BEGINNING; THENCE S89°43'22"W A DISTANCE OF 455.66 FEET ALONG THE EAST- WEST CENTERLINE OF SAID SE 1/4 TO A POINT BEARING N89°26'18"E A DISTANCE OF 839.67 FEET FROM THE CENTER-SOUTH 1/16TH CORNER: THENCE N00°30'53"E A DISTANCE OF 99.84 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY LINE OF THE FISH HATCHERY ROAD; THENCE THE FOLLOWING THREE COURSES AND DISTANCES ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE FISH HATCHERY ROAD; THENCE S81°00'19"E A DISTANCE OF 6.37 FEET; THENCE 235.07 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAS A DELTA ANGLE OF 18°03'55" A RADIUS OF 745.55 FEET AND IS SUBTENDED BY A CHORD BEARING N89°57'42"E A DISTANCE OF 234.10 FEET; THENCE 218.92 FEET ALONG THE ARC OF A CURVE TO THE RIGHT TO A POINT ON THE NORTH- SOUTH CENTERLINE OF SAID SE 1/4, SAID CURVE HAS A DELTA ANGLE OF 04°10'57" A RADIUS OF 2999.05 FEET AND IS SUBTENDED BY A CHORD BEARING N83°01'10"E A DISTANCE OF 218.87 FEET; THENCE S01°20'19'W A DISTANCE OF 123.42 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SAID SE 1/4 TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.06 ACRES MORE OR 47 47 LESS AND IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD, LARIMER COUNTY, COLORADO. PARCEL 2 A PORTION OF THE NW 1/4 OF THE SE 1/4 OF SECTION 16, T5N, R73W OF THE 6TH P.M., LARIMER COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 16 WITH ALL BEARINGS CONTAINED HEREIN RELATIVE TO THE EAST LINE OF THE SE 1/4 OF SAID SECTION 16 CONSIDERED AS BEARING S01°19'00"W THENCE S01°23'02"W A DISTANCE OF 1315.31 FEET TO THE CALCULATED SOUTH 1/16 CORNER OF SECTIONS 16/15; THENCE S89°22'00"W A DISTANCE OF 1753.83 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SE 1/4 TO A POINT BEARING N89°26'18"E A DISTANCE OF 839.67 FEET FROM THE CENTER-SOUTH 1/16TH CORNER; THENCE N00°18'35"E A DISTANCE OF 161.28 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY LINE OF THE FISH HATCHERY ROAD AND THE TRUE POINT OF BEGINNING; THENCE THE FOLLOWING THREE COURSES AND DISTANCES ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF THE FISH HATCHERY ROAD; THENCE S79°08'45"E A DISTANCE OF 16.57 FEET; THENCE 216.16 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAS A DELTA ANGLE OF 18°03'56" A RADIUS OF 685.55 FEET AND IS SUBTENDED BY A CHORD BEARING N89°54'47"E A DISTANCE OF 215.26'; THENCE 214.44 FEET ALONG THE ARC OF A CURVE TO THE RIGHT TO A POINT LYING 14.25 FEET PERPENDICULARLY TO THE WEST OF THE NORTH-SOUTH CENTERLINE OF SAID SE 1/4, SAID CURVE HAS A DELTA ANGLE OF 04°00'55" A RADIUS OF 3059.85 FEET AND IS SUBTENDED BY A CHORD BEARING N82°56'57"E A DISTANCE OF 214.40 FEET; THENCE N00°08'08"E A DISTANCE OF 35.71 FEET, THENCE N88°48'25"W A DISTANCE OF 65.00 FEET PERPENDICULAR TO THE NORTH-SOUTH CENTERLINE OF SAID SE 1/4, THENCE N00°59'22"E 118.80 FEET TO A POINT ON THE CENTERLINE OF FALL RIVER; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF FALL RIVER N64°55'51"W 37.23 FEET; THENCE N81°59'40"W 81.89 FEET; THENCE N71°49'00"W 128.07 FEET; THENCE N81°12'25"W 134.30 FEET; THENCE N75°15'06"W 9.51 FEET TO A POINT LYING N00°38'53"E FROM THE TRUE POINT OF BEGINNING; THENCE S00°38'53"W 268.84 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.07 ACRES MORE OR LESS AND IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY OF RECORD, LARIMER COUNTY, COLORADO. EXCEPTING THEREFROM FROM THE ABOVE PARCELS, ANY PORTION CONTAINED IN THAT INSTRUMENT RECORDED MARCH 5, 1992 AT RECEPTION NO. 92011615; COUNTY OF LARIMER, STATE OF COLORADO. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., the Town Board Public Hearing shall be held Tuesday, March 28, 2017 at 7:00 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R.S. 48 48 DATED this day of , 2017. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Publish: March 3rd, 2017, March 10th, 2017, March 17th, 2017 and March 24th, 2017 49 49 Town Board of Trustees, February 28, 2017 507 Grand Estates Drive, Zoning Map Amendment (Rezoning) COMMUNITY DEVELOPMENT Memo Figure 1 - Depicts the vicinity of the project and surrounding zone districts. To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Carrie McCool, Planning Consultant Date: February 28, 2017 RE: ORDINANCE #07-17, Rezone from CO-Commercial Outlying to RM - Residential Multi-Family; 507 Grand Estates Drive; Equinox Community Investment, LLC/Applicant Objective: Conduct a public hearing and make a determination on the Zoning Map Amendment (rezoning) application for compliance with the Estes Valley Development Code (EVDV). Present Situation: The subject property to be rezoned is platted as Lot 35 of the Grand Estates Subdivision and zoned CO-Commercial Outlying. The site contains .95 acres and is currently vacant. Access is provided to the site directly from Grand Estates Drive right-of-way to the west, just south of Big Thompson Avenue, and contains a concrete curb cut and drive pan at the southwest corner of the property. Proposal: This request is to rezone Lot 35 of Grand Estates Subdivision from CO-Commercial Outlying to RM – Multi-Family Residential in order to allow workforce housing to be developed at this location. Given the small size of the lot, limited complexity associated with potential multi-family development, and the fact that the property is adequately served by services and facilities, the requirement for a development plan was waived. The development plan waiver applies only to the rezoning; a development plan would still be required at the time site layout is determined. Advantages: 1.Complies with standards set forth in the Estes Valley Development Code; and 50 50 Town Board of Trustees, February 28, 2017 507 Grand Estates Drive, Zoning Map Amendment (Rezoning) 2.Consistency with housing goals and policies of the Estes Valley Comprehensive Plan by providing housing infill within the existing urban area for permanent residents, encouraging a variety of housing types and price ranges, as well as encouraging housing for permanent residents of all sectors of the community that are integrated into and dispersed throughout existing neighborhoods. Disadvantages: None. Public Notice: The public hearing request for approval of the rezoning was publically noticed in accordance with the public notification requirements set forth in § 3.15 - General Notice Provisions of the EVDC. Specifically, legal notice was published in the Estes Park Trail-Gazette on December 30, 2016. Written public notice was mailed to all landowners within one hundred (100) feet of the subject property on December 15, 2016. Action Recommended: The Estes Valley Planning Commission held a public hearing for this application on January 17, 2017. During the hearing, the Commission made the following findings: 1.The rezoning request for an Official Zoning Map amendment complies with the applicable review criteria set forth in Section 3.3.D “Standards for Review” of the Estes Valley Development Code. The Planning Commission unanimously recommended approval of the Zoning Map Amendment request with no conditions. Budget: None. Level of Public Interest: Low: The level of public interest is low as one public comment was received at the Planning Commission public hearing requesting the density be limited to eight (8) dwelling units per acre. The EVDC allows a maximum of 8 dwelling units on the site or up to 16 units if classified as “attainable” pursuant to Section 11.4 of the EVDC. Sample Motions: Below are the Town Board’s options related to the Zoning Map Amendment request: 1.I move to APPROVE the Zoning Map Amendment request including findings of fact and conclusions of law, with no conditions of approval as recommended by the Planning Commission. 51 51 Town Board of Trustees, February 28, 2017 507 Grand Estates Drive, Zoning Map Amendment (Rezoning) 2.I move to APPROVE the Zoning Map Amendment with conditions, including findings of fact and conclusions of law. 3.I move to DENY the Zoning Map Amendment request, finding the application does not meet the review criteria as required by Code. 4.I move to CONTINUE THE HEARING to provide adequate time to review additional materials, finding that the applicant has not provided sufficient information to review the application. Attachments: Ordinance #07-17 Application and Planning Commission Staff Report www.estes.org/currentapplications 52 52 ORDINANCE NO. 07-17 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO REZONE LOT 35 OF GRAND ESTATES SUBDIVISION, TOWN OF ESTES PARK, COLORADO WHEREAS, the owners of Lot 35 of the Grand Estates Subdivision, Town of Estes Park, Colorado have filed an application to rezone the property from CO- Commercial Outlying to RM-Residential Multi-Family for the purpose of constructing a multi-family development; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the requested rezoning change be granted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The zoning of Lot 35 of the Grand Estates Subdivision, Town of Estes Park, Colorado is changed from CO-Commercial Outlying to RM-Residential Multi-Family. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS ___ DAY OF _____________, 2017. TOWN OF ESTES PARK _____________________________________ Todd Jirsa, Mayor ATTEST: _____________________________ Jackie Williamson, Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2017 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2017, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk 53 53 POLICE DEPARTMENT Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Chief Wes Kufeld Date: February 28, 2017 RE: Ordinance #06-17 Amendment to Estes Park Municipal Code 12.20.060 of the Removal of Snow and Ice / Damage to Public Property and Special Hazards. Objective: Amend the current Municipal Code 12.20.060 pertaining to Removal of Snow and Ice / Damage to Public Property and Special Hazards. Present Situation: The current ordinance does not prohibit any person to place, deposit, and shovel or plow snow on to any portion of a public street or sidewalk which physically interferes with the safe movement of vehicles or pedestrians. Currently staff has observed concerns of snow ridges, piles or obstructions caused by the placement of snow and ice on public streets or sidewalks which could pose an immediate hazard to the motoring public and or pedestrians during their route of travel. Additionally, the current ordinance does not hold persons responsible for damages to public sidewalks, streets, driveways constructed as continuation of sidewalks, curbs, curb walks, drainage swales, trees in a sidewalk, street lights of the Town, or street furniture (benches, planters), for all costs of the Town in repairing or replacing the damaged property. Proposal: In order to enhance the safety of the public during snow/weather events or construction, and hold persons responsible for damages, staff proposes to amend the current Municipal Code to prohibit situations where snow/ice hazards are placed in areas on public roadways or sidewalks, which could cause a risk to the motoring public or pedestrians during their routes of travel. Additionally, allow the Town to recoup costs associated to damages from persons involved in that activity. 54 54 Advantages: •Amending the ordinance prohibiting hazardous restrictions on roadways and sidewalks will enhance the safety of the Public. •The Town may recover costs associated to damages of Town owned property by private citizens. Disadvantages: •None Action Recommended: Staff recommends Board Approval of the Ordinance 06-17 to amend Municipal Code 12.20.060 Budget: No budgetary impact. Recommended Motion: I move to approve this ordinance and deem it an emergency ordinance to take effect immediately. Attachments: Original Municipal Code 12.20.060 Amended Municipal Code 12.20.060 Ordinance 06-17 55 55 ORDINANCE NO. 06-17 AN ORDINANCE OF THE TOWN OF ESTES PARK AMENDING CHAPTER 12.20.060 OF THE MUNICIPAL CODE RELATING TO THE REMOVAL OF SNOW AND ICE / DAMAGE TO PUBLIC PROPERTY AND SPECIAL HAZARDS WHEREAS, the removal of snow and ice within the Town is restricted by Chapter 12.20.060 of the Municipal Code; and WHEREAS, it is necessary to define and expand the code and amend subsection (a) and include subsections (b), (c) and (d). NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: Section 12.20.060 of the Municipal Code shall be amended and the addition of Subsections to read as follows: (a) It is unlawful for any property owner, tenant, lessee, or occupant owning or occupying any lot, block or a parcel(s) of real property within the Town to allow any snow or ice, or both, to remain upon any sidewalk on or abutting said property longer than 24 hours from the last accretion of snow or ice on the sidewalk. (b) It shall be unlawful for any person to place, deposit, shovel or plow snow on to any portion of a street or sidewalk which physically interferes with the movement of vehicles, bicycles, and/or pedestrians on the street or sidewalk. (c) It shall be unlawful for any person to remove snow, ice, mud, dirt or debris from any sidewalk, by utilizing a method that damages the sidewalk, including curbs, curb walks, trees located in the sidewalk or street lights of the Town. (d) If a person damages the Town sidewalks, streets, driveways constructed as continuation of sidewalks, curbs, curb walks, drainage swales, trees in a sidewalk, street lights of the Town, or street furniture (benches, planters), said person shall be responsible for all costs of the Town in repairing or replacing the damaged property, and shall promptly pay the costs thereof upon notification by the Town of the cost. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this _____ day of ____________, 2017. TOWN OF ESTES PARK, COLORADO 56 56 _____________________________ Mayor ATTEST: __________________________ Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2017, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of , 2017. Town Clerk 57 57 •12.20.060 - Removal of snow and ice. It is unlawful for any owner, tenant, lessee, occupant or agent owning or occupying any lot, block or parcel of real property within the Town to allow any snow or ice, or both, to accumulate or remain upon any sidewalk or walkway upon or abutting said property after 12:00 noon of any day unless snow is falling at that time. (Prior code §15.13; Ord. 1-85 §1, 1985; Ord. 15-97, 1997) 58 58 59 59 PUBLIC WORKS Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Greg Muhonen, PE, Public Works Director Date: February 28, 2017 RE: Resolution #05-17 Amending the Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) pertaining to Installation of Dynamic Message Signs on US 34 & US 36 Objective: Amend the existing CDOT IGA to reflect an increase in the Federal Highway Administration Congestion Mitigation and Air Quality (CMAQ) grant funding for the construction of three permanent electronic dynamic message signs (DMS) on US34 and US36. Present Situation: In 2010-11 the Town and RMNP teamed up to research strategies for using technology to change visitor travel behavior. The results of this effort are reported in the 2012 report titled “Evaluation of an Intelligent Transportation System for Rocky Mountain National Park and Estes Park” which documented the effectiveness of temporary variable message signs in increasing shuttle ridership by 34% through diverting riders from cars and RV’s to the Town’s free shuttle and the RMNP hiker shuttle. Also in 2011, the Transit Hub parking lot and shuttle stop was constructed at the fairgrounds. This $1.4m project was funded with a $913k CMAQ grant to reduce traffic congestion and improve air quality by redirecting motorists from cars and onto the shuttles. Since 2011, the Town has relied on static Park-n-Ride signage to direct visitors to the Transit Hub lot at the Fairgrounds. Utilization of the Transit Hub shuttle stop has not lived up to early expectations while traffic congestion in downtown Estes continues to worsen. This is believed to be partially due lack of driver awareness of this facility and long headway times between shuttles at the Transit Hub. In 2015 the Town completed and opened the new Events Complex at the fairgrounds site. Access to the Events Complex is provided via Manford Avenue on the south and 4th Street on the west. The frequent activities at the Events Complex have changed the traffic character of 4th Street from a quiet, residential street to a commercial collector roadway during our busy guest activity season. 60 60 In 2015 the Town received a CMAQ grant in the amount of $30,835 to pool with $25,000 in local funds for the installation of one DMS. In 2016, the Town received another CMAQ grant in the amount of $105,000 to combine with another $25,000 in local funds for the installation of two additional electronic signs. The design and locations for these signs has been reviewed by CDOT. The 2017 budget includes funding to add the new Green Route to our free shuttle system to provide an additional 4 shuttle departures per hour to the 2 departures per hour currently provided by the existing Silver Route at the Transit Hub (Events Complex). Proposal: PW staff proposes to install three permanent electronic dynamic message signs on US34 and US36 at the locations shown on the attached aerial map. The daily operating concept for the proposed sign includes 4 elements. 1.Each DMS board should provide a minimum of 3 lines of text using 8" letters and 21 characters per line. The panels would measure approximately 4’ tall and 12’ wide. 2. Two screens of messaging should toggle approximately every 5 seconds. 3. Directional arrows (left, straight, right) may be needed on each line. 4. A mixture of amber and color text is optional for each line. Anticipated sample messages include: Screen 1: Amber Text Color Text RMNP PARKING FULL (red) or OPEN (green) DOWNTOWN PARKING FULL (red) or OPEN (green) PARKING GARAGE FULL (red) or OPEN (green) Screen 2: Amber Text Color Text <-- FREE SHUTTLE <-- FREE PARKING <-- OVERSIZED VEHICLES <--AUTO/RV/BUS/TRAILER (optional) Future operation and maintenance of the sign would be the responsibility of the Town of Estes Park Public Works Department. A neighborhood meeting is scheduled at the Senior Center on March 1st to gather input on the proposed DMSs, particularly from the residents potentially impacted by the sign near 4th Street. Advantages: •The mode shift from passenger cars to shuttles for 29 cars/day during the 79 day shuttle season is calculated to eliminate 45,820 vehicle miles traveled and 61 61 improve air quality in Estes by removing 7.6kg/yr of Volatile Organic Compounds (VOC) and 41.9 kg/yr of Nitrogen Oxide (NOx). •Diverting visitors from cars to shuttles decreases traffic congestion downtown and/or at RMNP, decreases automobile/pedestrian conflicts, and reduces traffic related noise and air pollution. •Directing cars and oversize vehicles to park at the Transit Hub reduces demand on limited downtown and National Park parking spaces and reduces circulation of motorists prowling for available parking. •Placement of one proposed DMS east of 4th Street encourages left turns from US36 at a location where the road width is sufficient to allow eastbound vehicles to drive around a stopped, left-turning vehicle destined to the Transit Hub. The Community Drive route is not recommended because there is no left turn lane on US36 for motorist to refuge in while waiting for a gap in traffic. One vehicle stopped in the thru lane to make a left turn can quickly cause long traffic queues on US36 during peak traffic periods. Additionally, The Community Drive route would direct Transit Hub traffic to Manford Ave where it would conflict with the primary access to our community public schools. •The DMS creates an opportunity to communicate scarcity of parking downtown and at RMNP early so the guests can choose to drive directly to available parking at the Transit Hub or the new parking garage. •The DMS can remind drivers of oversize vehicles to park remotely instead of downtown. •Visitors are made aware of the availability of the Town’s free parking garage, free shuttles, and RMNP’s free hiker shuttles. •Large electronic signs allow future real-time communication and are considered progressive and attractive by some folks. Disadvantages: •A perpetual increase in electronic sign operation and maintenance costs will be incurred by the Town. •Directing Transit Hub traffic to use 4th Street will increase traffic adjacent to an existing residential neighborhood. •Encouraging left turns on US36 where no formal left turn lanes exist may lead to an increase in rear-end collisions. •Large electronic signs are considered unsightly by some folks. 62 62 •A Special Use Permit is required from the Bureau of Reclamation for the electrical service to the proposed sign on US36 east of 4th St. Action Recommended: The Public Works Department recommends the Board of Trustees approve the attached Resolution #05-17 and authorize the Mayor to sign the Amendment on behalf of the Town. Budget: No new budget impact is created. The proposed Amendment consolidates the two grant awards into one Federal award of $136,000. The Town Board appropriated $55,850 (consisting of $30,850 CMAQ grant funds and $25,000 local funds) from the Community Reinvestment Fund in the adopted 2016 budget and $130,000 (consisting of $105,000 CMAQ grant fund and $25,000 local funds) in the adopted 2017 budget for this project. The Amendment establishes a minimum contribution from the Town in the amount of $28,271. The Town has budgeted up to $50,000 of local funds for this project. The total project budget is $186,000.00 Level of Public Interest The level of public interest in this item is expected to be moderate. Sample Motion: I move for the approval/denial for Resolution #05-17 and authorize the Mayor to sign the attached Amendment on behalf of the Town. Attachments: Resolution #05-17 Amendment #1 to Intergovernmental Agreement Aerial Sign Location Map Sample sign photo 63 63 RESOLUTION # 05-17 WHEREAS, CDOT owns and maintains US Highway 34 and US Highway 36 through the Town of Estes Park; and WHEREAS, the Town is the recipient of two grants from the Federal Highway Administration Congestion Mitigation and Air Quality improvement program (the “CMAQ Grants”) for the purpose of installing three permanent electronic dynamic message sign boards to improve air quality and reduce traffic congestion in Estes Park and Rocky Mountain National Park (the “Project”); and WHEREAS, the 2012 report titled “Evaluation of an ITS for RMNP and EP” documented the effectiveness of temporary variable message signs in diverting travelers from cars and RV’s to the Town’s free shuttle and the RMNP hiker shuttle; and WHEREAS, CDOT has agreed to provide funding in the amount of $136,000 to assist the Town with the construction of the Project contingent upon a Town contribution of no less than $28,271; and WHEREAS, the Town Board appropriated $55,850 (consisting of $30,850 CMAQ grant funds and $25,000 local funds) from the Community Reinvestment Fund in the adopted 2016 budget and $130,000 (consisting of $105,000 CMAQ grant fund and $25,000 local funds) in the adopted 2017 budget for this project. NOW, THEREFORE, BASED UPON THE RECITALS SET FORTH ABOVE WHICH ARE INCORPORATED HEREIN BY REFERENCE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1.Amendment #1 to the Intergovernmental Agreement (IGA) between the Town of Estes Park and the Colorado Department of Transportation for Project #AQC M405-020-XC-00015-M0002 attached hereto as Exhibit A and incorporated herein by reference is approved. 2.The Town accepts the CMAQ grant funding described in the Amendment and confirms its commitment to provide the designated local funds to complete this project. Dated this___________________________, 2017. ______________________________ Mayor ATTEST: ________________________________________ Town Clerk 64 64 OLA #: 331001511 Routing #: 17-HA4-XC-00015-M0002 Document Builder Generated Rev. 12/09/2016 STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: AQC M405-020 (21322) SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 17-HA4-XC-00015-M0002 Contractor TOWN OF ESTES PARK Original Agreement Routing Number 17HA4XC00015 Agreement Maximum Amount Total $164,271.00 Agreement Performance Beginning Date The later of the effective date or September 26, 2016 Initial Agreement expiration date September 25, 2021 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. CONTRACTOR TOWN OF ESTES PARK ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ STATE OF COLORADO John W. Hickenlooper, Governor Department of Transportation Shailen P. Bhatt, Executive Director ___________________________________________ Joshua Laipply, P.E., Chief Engineer Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Department of Transportation Effective Date:_____________________ 65 65 OLA #: 331001511 Routing #: 17-HA4-XC-00015-M0002 Document Builder Generated Rev. 12/09/2016 1)PARTIES This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Contractor and the State. 2)TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3) EFFECTIVE DATE AND ENFORCEABILITY A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after of the Amendment term shown in §3.B of this Amendment B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4) PURPOSE A. The Parties entered into the Agreement for the installation of a VMS board to direct tourists to parking shuttle. B. The Parties now desire to 1) update Exhibit A - Scope of Work; and 2) update Exhibit C - Funding Provisions to increase Total Budgeted Funds by $127,026.00 for a new Agreement total of $164,271.00. 5) MODIFICATIONS The Agreement and all prior amendments thereto, if any, are modified as follows: Exhibit A-1. Exhibit A is removed and replaced in its entirety with Exhibit A-1 attached hereto and incorporated herein by reference. Upon execution of this Amendment, all references in the Agreement to Exhibit A will be replaced with Exhibit A-1. Exhibit C-1. Exhibit C is removed and replaced in its entirety with Exhibit C-1, attached hereto and incorporated herein by reference. Upon execution of this Amendment, all references in the Agreement to Exhibit C will be replaced with Exhibit C-1. Exhibit C-1 increases Total Budgeted Funds by $127,026.00 for a new Agreement total of $164,271.00. 6) LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 66 66 28. EXHIBIT A-1 – SCOPE OF WORK Scope of Work: This project consists of construction of an electronic dynamic message sign board that will direct tourists to available parking and shuttle pickup areas. The purpose of this project is to direct travelers to intercept parking lots and shuttle services in lieu of driving to search for scarce parking in the downtown area and in Rocky Mountain National Park. This project will help to improve air quality by decreasing congestion and vehicle traffic in both downtown Estes Park and the national park. This project will conform to all applicable state and federal regulations and standards. The design phase will begin as soon as reasonably possible and will be followed by a construction phase. Construction will begin as soon as reasonably possible after design and will be completed shortly thereafter. Due to long lead times, Estes Park will purchase the dynamic message boards prior to construction as a non-participating item, subject to CDOT approval. The dynamic message boards will become eligible expenses once construction is authorized and final installation of the dynamic message boards is complete. Estes Park will be responsible for maintaining a fully functioning dynamic message sign for 10 years from the date of installation. The dynamic message sign shall be repaired or replaced within a reasonable time period, not to exceed three months, after being damage or destroyed. 67 67 30.EXHIBIT C-1 – FUNDING PROVISIONS A. Cost of Work Estimate The Local Agency has estimated the total cost the Work which is to be funded as follows: 1 BUDGETED FUNDS a.Federal Funds (82.79% of Participating Costs – AQC)$136,000.00 b.Local Agency Matching Funds (17.21% of Participating Costs)$28,271.00 TOTAL BUDGETED FUNDS $164,271.00 2 ESTIMATED CDOT-INCURRED COSTS a.Federal Share $0.00 (0% of Participating Costs) b.Local Share Local Agency Share of Participating Costs Local Agency Share of Non-Participating Costs $0.00 $0.00 Estimated to be Billed to Local Agency $0.00 TOTAL ESTIMATED CDOT-INCURRED COSTS $0.00 3 ESTIMATED PAYMENT TO LOCAL AGENCY a.Federal Funds Budgeted (1a)$136,000.00 b.Less Estimated Federal Share of CDOT-Incurred Costs (2a)$0.00 c.State Funds Budgeted (1c)$0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $136,000.00 FOR CDOT ENCUMBRANCE PURPOSES Net to be encumbered as follows: $0.00 WBS Element 21322.20.10 Construc. 3301 $0.00 68 68 B. Matching Funds The matching ratio for the federal participating funds for this Work is 82.79% federal-aid funds (CFDA #20 2050) to 17.21% Local Agency and State funds, it being understood that such ratio applies only to the $164,271.00 that is eligible for federal participation, it being further understood that all non-participating costs are borne by the Local Agency at 100%. If the total participating cost of performance of the Work exceeds $164,271.00 and additional federal funds are made available for the Work, the Local Agency shall pay 100% of all such costs eligible for federal participation and 100% of all non-participating costs; if additional federal funds are not made available, the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $164,271.00, then the amounts of State and federal-aid funds will be decreased in accordance with the funding ratio described herein. The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $164,271.00 (For CDOT accounting purposes, the federal funds of $136,000.00, State funds of $0.00, and Local Agency matching funds of $28,271.00, will be encumbered for a total encumbrance of $164,271.00), unless such amount is increased by an appropriate written modification to this ,Agreement executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. Single Audit Act Amendment All state and local government and non-profit organization Sub-The Local Agencys receiving more than $750,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes, shall comply with the audit requirements of OMB Circular A- 133 (Audits of States, Local Governments and Non-Profit Organizations) see also, 49 C.F.R. 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to Sub-The Local Agencys receiving federal funds are as follows: i.Expenditure less than $750,000 If the Sub-The Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure exceeding than $750,000-Highway Funds Only If the Sub-The Local Agency expends more than $750,000 in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for this program area. iii. Expenditure exceeding than $750,000-Multiple Funding Sources If the Sub-The Local Agency expends more than $750,000 in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. 69 69 DMS#1'06#2DMSPTARMIGANTRLRAVEN AVEOTIS LNFIR AVEGRAVES AVESUMM I T EWON D E R V IEW AV E DRIFTWOOD AVEBIGTHOMPSONAVE4THSTHIGH PINE DRNSAINTVRAINAVENORTHLNCOLUMBINE AVEWHIGHWAY34WILDFIRERDSWSTEAMERPKWYSTEAMERDRLO N E P I N E DR LANDERSAVEPROSPECTAVEDRY GULCH RDNORTHRIDGELNMANFORD AVEH I L L S I D E LNP E C K L N FAWN LN3RDSTRAVEN CTELMAVEBEACHLNNORTH CT1STSTV ISTALN5THSTSOUTH LNGRAY HAWK CTGRANDEST A TES DR 2NDSTHIGHLANDLNOLYMPUSLNEDUNRAVENSTHOMESTEADERLNPROSPECTORLNCOMANCHESTPIONEERLNPINE LNWOODSTOCKDRNORTHLAKEAVEELKTRAILCTCOMMUNITY DRMACCRACKENLN STANLEYAVEPONDEROSADRBIRCH AVEBELLEVUEDRFISHCREEKRDFINDLEY C T MALL RDLAKEFRONTSTASPEN AVEJO E L ESTESDRBLACKCANYONDRRAVEN CIRREDTAILHAWKDRROO FTOPWAYDEERPATHCTOLYMPIANLNO U R A YDRWESTLNEAST LNPA N ORAMACIRSTANLEYCIRCLEDRFish Cr e e k Big Thompson RiverBig Thompson RiverLAKEESTES£¤34£¤36#7070 71 71 Transportation Advisory Board Interview Committee Appointments Town Clerk Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: February 28, 2017 RE: Interview Committee for the Transportation Advisory Board Objective: To appoint Town Board members to the interview committee for the three positions open on the Transportation Advisory Board. Present Situation: The Transportation Advisory Board is currently made up of nine volunteer community members. The Board will have three positions expiring on March 31, 2017 currently held by Stan Black, Ann Finley and Belle Morris. Administrative Services posted the positions through February 24, 2017. The intent is to hold interviews during the first couple of weeks in March for appointment at no later than the second meeting in March. Proposal: Per Policy 101 Section 6 states all applicants for Town Committees/Boards are to be interviewed by the Town Board, or its designee. Any designee will be appointed by the Town Board. Therefore, Mayor Pinkham has requested the Board discuss the appointments at the Study Session prior to the Town Board and bring forward a recommendation to the Board meeting for approval. Advantages: To move the process forward and allow interviews to be conducted of interested applicants. Disadvantages: None. Action Recommended: To appoint two Trustees to the interview panel for the Transportation Advisory Board openings. Budget: None. Level of Public Interest. Low. Sample Motion: I move to approve/deny the appointment of Trustees __________ and ___________ to the Transportation Advisory Board interview panel. 72 72 73 73 ADMINISTRATION Memo To: Honorable Mayor Jirsa Board of Trustees Frank Lancaster, Town Administrator From: Travis Machalek, Assistant Town Administrator Date: February 28, 2017 RE: Ordinance No. 05-17 - Temporary Sidewalk Art Objective: Adopt Ordinance 05-17 which amends Section 12.20.070 of the Municipal Code (Acts Prohibited on Sidewalks) as set forth on Exhibit A of the Ordinance. Present Situation: It is a violation of the Town’s Municipal Code for anyone to “…place upon, apply to, embed in or impress in any sidewalk…any sign, symbol, mark or object” (Town of Estes Park Municipal Code 12.20.070). As currently written, this provision effectively eliminates any opportunity for non-permanent art on sidewalks in Town limits. Non- permanent sidewalk art (like chalk art) has been successful in numerous communities, including Greeley and Loveland. Ordinance 05-17 was presented to the Town Board on February 14, 2017. At that time, the Town Board directed staff to expand the options for non-permanent art to Town- owned streets and parking lots that were closed to traffic. The Board also voiced concerns about all non-permanent sidewalk art proposals having to be approved by the Town Board. Proposal: In order to address the issues raised by the Town Board on February 14, staff has made an alteration to the proposed Municipal Code Change and has drafted a new Public Works policy. The change to the proposed Municipal Code amendment grants the Parks Advisory Board the ability to approve non-permanent sidewalk art (approval for other acquisitions of artwork, and site selection for that artwork, would still rest with the Town Board). The Public Works policy expands options for non-permanent art to Town-owned streets, parking lots, and trails that are closed to vehicular traffic. Staff, working with the Town Attorney, has determined that there does not need to be a Municipal Code amendment to allow for the non-permanent sidewalk art process to be expanded to these other 74 74 locations. In accordance with established practice, Public Works will bring this administrative policy to the Transportation Advisory Board for review and comment before the Public Works Director signs and implements the policy. Non-permanent sidewalk art has been successful in many different forms throughout the country. Examples range from sidewalk-chalk art contests hosted by municipalities or nonprofits to individual artists who have taken it upon themselves to enhance the experience of their community through unique works of non-permanent sidewalk art. The proposed code change would enable this type of artistic expression in Estes Park and the draft Public Works policy would serve to further broaden the opportunities for non-permanent art in our community. Ordinance 05-17 adopts the amendments to Section 12.20.070 of the Municipal Code as more fully set forth on Exhibit A. Advantages: •Provides new opportunities for public art Disadvantages: •The addition of this option to the available space for public art could add to the Parks Advisory Board’s workload Budget: This Municipal Code change would not have a direct impact on the Town’s budget. Attached: •Ordinance No. 05-17 •Draft Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails Sample Motion: I move to adopt/not adopt Ordinance No. 05-17. 75 75 ORDINANCE NO. 05-17 AN ORDINANCE AMENDING THE ESTES PARK MUNICIPAL CODE CONCERNING ACTS PROHIBITED ON SIDEWALKS WHEREAS, Section 12.20.070 of the Municipal Code provides for regulation of acts prohibited on sidewalks within the Town of Estes Park; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Park Municipal code, Section 12.20.070, set forth on Exhibit “A” be approved; and WHEREAS, said text amendments are set forth on Exhibit “A” attached hereto and incorporated herein by this reference. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Section 12.20.070 of the Municipal Code is hereby amended as more fully set forth on Exhibit “A.” Section 2: The Ordinance shall take effect and be in force thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2017. TOWN OF ESTES PARK, COLORADO ATTEST: By: Mayor Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2017 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2017, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk 76 76 EXHIBIT A Amended Municipal Code 12.20.070 - Acts prohibited on public sidewalks. It is unlawful for any person, including the owner or occupant of any lot, block or parcel of ground within the Town, or for the agent or servant for such owner or occupant, to place upon, apply to, embed in or impress in any public sidewalk along on such property any sign, symbol, mark or object, or to permit such acts by other persons. Non-permanent signs, symbols, or marks shall be allowed to be applied to any public sidewalk, provided that they are not commercial in content, are made with a non- toxic medium, and are approved in advance by the Parks Advisory Board. For the purposes of this section “Non-Permanent” shall be defined as easily removable from the surface on which it is applied and in place for a limited period of time set during the approval process. Clean Version of Amended Municipal Code 12.20.070 - Acts prohibited on public sidewalks. It is unlawful for any person, including the owner or occupant of any lot, block or parcel of ground within the Town, to place upon, apply to, embed in or impress in any public sidewalk on such property any sign, symbol, mark or object. Non-permanent signs, symbols, or marks shall be allowed to be applied to any public sidewalk, provided that they are not commercial in content, are made in a non-toxic medium, and are approved in advance by the Parks Advisory Board. For the purposes of this section “Non-Permanent” shall be defined as easily removable from the surface on which it is applied and in place for a limited period of time set during the approval process. 77 77 Document Title Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails 2/23/17 Revisions: 0 Town of Estes Park, Public Works Effective Period: Until superceded Review Schedule: Biennial Effective Date: 03/28/2017 References: Governing Policies Manual 3.12 PUBLIC WORKS 895 Non-Permanent Markings on Streets, Parking Lots, and Trails 1.PURPOSE To define the process for an individual or entity to apply non-permanent signs, symbols, or marks (henceforth “non-permanent markings”) to the surface of any Town-owned street, parking lot, or trail. 2. POLICY The Town of Estes Park Public Works Department allows non-permanent markings to be applied to the surface of any Town-owned parking lot, street, or trail in accordance with the procedure set forth below. 3.PROCEDURE a.Exemptions This policy shall not apply to Town employees, or Town-employed contractors, marking Town-owned streets, parking lots, or trails in the furtherance of their official job duties. b.Process for Non-Permanent Art i.Process Any individual or entity seeking to apply non-permanent art to the surface of any Town-owned parking lot, street, or trail shall: 1)Meet all of the conditions set forth in Section 3.c.ii of this policy; 2)Submit a complete “Non-Permanent Sidewalk/Street/Parking Lot/Trail Art” application (Appendix A) to the Parks Advisory Board through the Public Works Liaison; and 3)Submit a complete “Right of Way Work Permit” application (available on the Town web site) to the Public Works Engineering Division; and 4)Receive Parks Advisory Board (PAB) approval before beginning any installation. 78 78 Document Title Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails 2/23/17 Revisions: 0 Town of Estes Park, Public Works ii.Conditions The following conditions must be met in order to place upon, apply to, embed in, or impress in any Town-owned parking lot, street, or trail surface any non- permanent art: 1)The parking lot, street, or trail on which the art is proposed to be installed must be completely closed to vehicular traffic for the duration of the installation; 2)The proposed non-permanent art must not be commercial in content, must be made in a non-toxic medium, and must be approved in advance by the Parks Advisory Board; and 3)The non-permanent art must be completely removed from the surface on which it is affixed prior to the reopening of the parking lot or street to vehicular traffic or, for trails, after a pre-determined amount of time approved through the application process by the Parks Advisory Board. c.Process for Non-Permanent Markings i.Process Any individual or entity desiring to apply non-permanent markings (such as race course directional markings, etc) to the surface of any Town-owned parking lot, street, or trail shall: 1)Meet all of the conditions set forth in Section 3.d.ii of this policy; 2)Submit a complete “Right of Way Work Permit” application (available on the Town web site) to the Public Works Engineering Division; and 3)Receive written approval from the Public Works Engineering Division before marking any surface covered by this policy. ii.Conditions The following conditions must be met in order to place upon, apply to, embed in, or impress in any Town-owned parking lot, street, or trail surface any non- permanent directional markings: 1)The parking lot, street, or trail on which the marking is proposed to be installed must be completely closed to vehicular traffic for the duration of the installation (exceptions may be granted for temporary race course markings); 2)The proposed marking must not be commercial in content, must be made in a water-soluble, non-toxic medium, and must be approved in advance by the Public Works Department; and 3)The proposed marking must be completely removed from the surface on which it is affixed prior to the reopening of the parking lot or street to 79 79 Document Title Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails 2/23/17 Revisions: 0 Town of Estes Park, Public Works vehicular traffic or, for trails, after a predetermined amount of time approved through the application process by the Public Works Department. Approved: _____________________________ Gregory P. Muhonen, Public Works Director _____________ Date 80 80 APPENDIX A Document Title Policy 895 – Non-Permanent Markings on Streets, Parking Lots, and Trails 2/23/17 Revisions: 0 Town of Estes Park, Public Works TOWN OF ESTES PARK NON-PERMANENT SIDEWALK/STREET/PARKING LOT/TRAIL ART APPLICATION Name: Contact Email and Phone Number: Location of Proposed Art: Art Medium: Date of Installation: Time of Installation: Description of Proposed Art (attach any visuals): Plan and Timeline for Removal (including weather contingencies): 81 81