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HomeMy WebLinkAboutPACKET Town Board 2017-12-12The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, December 12, 2017 7:00 p.m. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 28, 2017. 2. Bills. 3. Committee Minutes - None. 4. Estes Valley Board of Adjustment Minutes dated November 7, 2017 (acknowledgement only). 5. Family Advisory Board Minutes dated November 2, 2017 (acknowledgment only). 6. Estes Park Board of Appeals Appointment.  Amy Plummer, replacing John Spooner, term expiring on December 31, 2019. 7. Parks Advisory Board Appointments.  Geoffrey Elliot, replacing Celine Lebeau, term expiring on December 31, 2019.  Wade Johnston, for a 3-year term expiring December 31, 2020.  Merle Moore, Reappointment, 3-year term expiring December 31, 2020. 8. Resolution 31-17 – Fair Housing. Director Hudson. Request to continue to January 9, 2018. 9. Revisions to the Federal Transit Administration Title VI Plan. Director Hudson. 10. Award Exclusive Negotiation Agreement with Americawest/Prairie Fire Development for Fish Hatchery Workforce Housing Project. Manager Landkamer. 11. Award Exclusive Negotiation Agreement with Americawest/Prairie Fire Development Group for Dry Gulch Workforce Housing Project. Manager Landkamer. Prepared 12/01/17 *Revised 12/07/17 * 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2. REPORTS & DISCUSSION ITEMS: 1. ESTES PARK HOUSING AUTHORITY. Executive Director Kurelja. 3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: A. APPEAL, RAVEN ROCK TOWNHOMES DEVELOPMENT PLAN, JAMES & SUSAN MACKEY, OWNERS. APPEAL OF ESTES VALLEY PLANNING COMMISSION DECISION OF DP-2017-07 ON NOVEMBER 14, 2017. Director Hunt & Town Attorney White. B. PRELIMINARY TOWNHOME SUBDIVISION PLAT, RAVEN ROCK TOWNHOMES, METES & BOUNDS PARCEL, TBD PROMONTORY DRIVE, JAMES & SUSAN MACKEY, OWNERS. Director Hunt. C. ORDINANCE 33-17 – REZONING FROM E-ESTATE TO RM-RESIDENTIAL MULTI-FAMILY, LOT 20 LITTLE PROSPECT MOUNTAIN ADDITION, 260 STANLEY AVENUE, MICHAEL & CYNTHIA KINGSWOOD, OWNERS. Planner Gonzales. D. SUBDIVISION FINAL PLAT – ESTES PARK RESORT, LOT 1, LAKE ESTES 2ND ADDITION, 1700 BIG THOMPSON AVENUE, ROCKY MOUNTAIN HOTEL PROPERTIES I, LLC/OWNER. Planner Gonzales. E. ORDINANCE 34-17 – AMENDING THE ESTES VALLEY DEVELOPMENT CODE CHAPTER 13 §5.4 & §3-17, REGARDING OUTDOOR MOBILE FOOD VENDORS & VENDING PERMITS. Planner Becker. 4. ACTION ITEMS: 1. 2018 CONTRACT WITH HOST COMPLIANCE FOR VACATION HOME SERVICES. Director Hunt. 2. RESOLUTION 32-17 – 2017 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director Hudson. 3. CAPITAL IMPROVEMENTS PLAN 2018-2022. Assistant Town Administrator Machalek. 4. AGREEMENT REGARDING EXERCISE OF RIGHTS OF FIRST REFUSAL TO ACQUIRE FUTURE WINDY GAP WATER UNITS FROM PLATTE RIVER POWER AUTHORITY. Attorney White. 5. BRODIE AVENUE IMPROVEMENTS CONSULTANT CONTRACT, AWARDED TO DREXEL, BARREL & CO. Engineer Stallworth. 6. ORDINANCE 35-17 TOWN BOARD COMPENSATION. Town Clerk Williamson. 7. RESOLUTION 33-17 SETTING THE APRIL 3, 2018 MUNICIPAL ELECTION. Town Clerk Williamson. 5. ADJOURN. Town Board Meeting for December 26, 2017 Has Been Cancelled. 2 Town of Estes Park, Larimer County, Colorado, November 28, 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 28th day of November, 2017. Present: Todd Jirsa, Mayor Wendy Koenig, Mayor Pro Tem Trustees Bob Holcomb Patrick Martchink Ward Nelson Ron Norris Cody Rex Walker Also Present: Travis Machalek, Assistant Town Administrator Greg White, Town Attorney Kimberly Disney, Recording Secretary Absent: Frank Lancaster, Town Administrator Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. AGENDA APPROVAL. It was moved and seconded (Walker/Holcomb) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. None. TOWN BOARD COMMENTS. Trustee Martchink encouraged citizens to apply for the vacancies on the Parks Advisory Board, closing December 1, 2017. Trustee Norris announced the next Family Advisory Board (FAB) meeting would be held December 7, 2017. The Planning Commission met November 14, 2017, Director Hunt reported on the Estes Valley Development Code (EVDC) changes, 8 of which pertained to housing issues and workforce housing. The Planning Commission continues to discuss the roles of the elected board versus the commission. He stated Director Hunt and Town Attorney White provided the commission with memos outlining the land use review process. He also indicated a special Study Session prior to the December 12, 2017 meeting might be beneficial to discuss the Raven Rock Appeal. Trustee Walker publicly thanked CDOT for traffic control on Highway 34. On behalf of Estes Park R-3 School District, he thanked the voters of Estes Park for their support of Ballot Issue 3A. He mentioned the first 100 memberships for the Estes Valley Community Center (EVCC) received a Trailblazer Club membership. Mayor Pro Tem Koenig stated the annual Sister City meeting would be held in February; more information for public attendance would be provided closer to the event. Trustee Nelson mentioned the cancellation of the December Open Lands Advisory Board meeting. He thanked the Estes Valley Recreation and Parks District for a tour of the EVCC. Trustee Holcomb stated the Transportation Advisory Board met on November 15, 2017 where they discussed potential paid parking implementation and the location of an additional prospective parking structure. The Visit Estes Park (VEP) Board met on November 21, 2017 and new board members were sworn in. Sean Jurgens was selected as Chairman and Lowell Richardson as Vice Chair. The board was updated on DRAFT Board of Trustees – November 28, 2017 – Page 2 the activities of VEP and policy governance. The Partnership for Age Friendly Communities (PAFC) has begun advertising for an Executive Director and Trustee Holcomb announced he would be President of the PAFC Board in 2018. TOWN ADMINISTRATOR REPORT. Town Clerk Williamson presented an update on Vacation Home Registrations (VHRs) informing the Board and the public of the upcoming VHR deadline of December 31, 2017. She highlighted the 367 issued residentially zoned VHRs and those VHRs in- process at 198. These numbers totaled 565, with 23 residential VHRs still available per the VHR cap estimate. She clarified a VHR application secures a registration within the cap estimate when it is received and deemed complete by staff. Town Clerk Williamson focused on the 100 VHRs without a scheduled inspection, the 52 VHRs with discrepancies and voided VHRs; defining how these would be dealt with moving forward. Clarification was sought on those VHRs needing re-inspections and the 100 unscheduled VHRs. It was confirmed the majority of VHRs to be re-inspected are due to issues with dark skies lighting, and those 100 unscheduled inspections are not all residential. Code Enforcement Officer Hardin stated those VHRs needing to be inspected are not due to the Town’s inability to meet demand. Trustee Norris asked if Host Compliance Technologies have been effective in rooting out unregistered VHRs, and how Host Compliance processes VHR complaints. He questioned if it was efficient to have a time gap between complaints being received by Host Compliance and forwarded to the Town, and if there were more services the Town wants them to provide. Director Hunt mentioned the Host Compliance contract would be reconsidered in December 2017, with more service options available to the Town. Trustee Nelson asked whether the residential cap estimate was over estimated, considering the 100 VHRs with unscheduled inspections. It was communicated any overestimation could not be determined until after December 31, 2017. Town Clerk Williamson noted registrations were being used as an advertising tactic to add resale value. Trustee Martchink asked the Board to be cognizant of the total number of VHRs, 736, and to consider the amount of commercially zoned VHRs. 1. CONSENT AGENDA: 1. Town Board Minutes dated November 14, 2017 and Town Board Study Session dated November 14, 2017. 2. Bills. 3. Committee Minutes - None. 4. Estes Valley Planning Commission Minutes dated October 17, 2017 (acknowledgement only). 5. Parks Advisory Board Minutes dated October 26, 2017 (acknowledgment only). 6. Policy 101 Updates including Local Marketing District Liaison Appointment. Koenig sought confirmation on Policy 101 containing the Sister City Liaison. This was confirmed by Assistant Town Administrator Machalek It was moved and seconded (Holcomb/Koenig) to approve the Consent Agenda Items, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: (Outside Entities). 1. FIRE DISTRICT UPDATE. Chief Wolf presented an update on the work of the Estes Valley Fire Protection District (EVFPD) for 2016 and 2017, and the future DRAFT Board of Trustees – November 28, 2017 – Page 3 of 2018. He outlined the mission, motto, history, financing, facilities, and equipment of the EVFPD. The EVFPD hosted the Regional Fire Academy, which had participants from all neighboring agencies. This was a benefit to the community by increasing the amount of certified firefighters in the area. Chief Wolf highlighted the long term strategic plan of the EVFPD would be to upgrade department apparatus’, reduce fleet size, and planning for emergencies with other agencies. Trustee Holcomb asked about attrition issues as a result of being a volunteer agency. Chief Wolf acknowledged this as a cost of doing business and stated an effort needs to be made for supporting volunteers, due to the current plans to remain a volunteer agency. 3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. PRELIMINARY TOWNHOME SUBDIVISION PLAT, Raven Rock Townhomes, Metes & Bounds Parcel, TBD Promontory Drive. Request to continue to December 12, 2017. B. SUBDIVISION FINAL PLAT – ESTES PARK RESORT, Lot 1, Lake Estes 2nd Addition, 1700 Big Thompson Avenue, Rocky Mountain Hotel Properties I, LLC/Owner. Request to continue to December 12, 2017. It was moved and seconded (Norris/Holcomb) to approve the Planning Commission Consent Agenda items, and it passed unanimously. 2. ACTION ITEMS: A. ORDINANCE 31-17 AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING BED & BREAKFASTS. Mayor Jirsa opened the public hearing. Code Enforcement Officer Hardin presented Ordinance 31-17 as a result of the changes to VHR regulations. The Ordinance would allow Bed & Breakfasts (B&B) to operate in all residential zones, with the benefits of having a smaller density, with an operator living on the premises. At this time, staff cannot determine the number of B&Bs which may open due to the code change, however, the Town would be able to regulate and license B&Bs. The difference between B&Bs and Airbnb was explained, with Airbnb being a website for advertising rentals, seen mostly as a room without the amenities or the hospitality associated with B&Bs. It was pointed out by Trustee Martchink and Assistant Town Administrator Machalek of the difficulties of enforcing amenity stipulations defined by the EVDC amendments, specifically the wording of Section 2.c. Meal Service. Code Enforcement Officer Hardin stated Section 2.c. was included to eliminate the ability of B&Bs to act as venues for large scale events. Tony Schetzsle/Town citizen stated the code amendment lacked language there to distinguish B&Bs from VHRs, he asked the Board to remand the Ordinance to the Planning Commission to consider including B&Bs within the residential cap. Those speaking in favor of the amendment included Jeff Robbins/Town citizen, Maggie Treadway/Town citizen, and Frank Theis/County citizen. The amendment would allow for a vital part of a tourism community to return to Estes Park. Benefits would include having either the owner or manager on premises at all times, a high level of service, and the appreciation of neighbors. DRAFT Board of Trustees – November 28, 2017 – Page 4 Robert Welch/County citizen saw benefits in both VHRs and B&Bs; he questioned the possibility of being able to operate both types of businesses at one location. Director Hunt responded stating it would be possible to operate both a VHR and B&B at the same location with a determined operating time frame for each. Trustees expressed concerns with allowing another avenue of loss in housing for residents considering the current housing issues. B&Bs, it was noted, should not become a similar situation as VHRs, and a provisional cap should be considered. It was acknowledged by the Board any concerns could be reevaluated in a year, after data has been collected. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into the record. It was moved and seconded (Holcomb/Nelson) to approve Ordinance #31-17, amending the Estes Park Development Code regarding Bed & Breakfasts, and it passed with Trustee Walker voting “No”. 4. ACTION ITEMS: 1. PUBLIC HEARING – 2018 BUDGET: Mayor Jirsa reopened the public hearing from November 14, 2017, and Director Hudson presented the 2018 Budget as ready to be adopted. Sharon Gartner/County citizen spoke as President of the Estes Park Gun and Archery Club, in appreciation of community service funding in previous years, and the Community Initiative Fund the club might receive for 2018. She described the benefits the club has experienced a result of previous funding. Frank Theis/County citizen explained the issues he experienced as a developer and general contractor in Estes Park due to increased fees. As treasurer of the Estes Valley Watershed Coalition, he thanked the Board for their ongoing support Mayor Jirsa closed the public hearing. It was moved and seconded (Holcomb/Norris), to approve the Highway User’s Trust Fund and it passed unanimously. It was moved and seconded (Nelson/Holcomb), to approve Resolutions #28-17, #29-17, and #30-17 and it passed unanimously. 2. AWARD AUDIT CONTRACT FOR THE YEARS ENDING DECEMBER 31, 2017 THROUGH DECEMBER 31, 2021. Director Hudson explained 2016 was the final year of a five year engagement with CliftonLarsonAllen LLP as the Town’s auditors. The Audit Committee advertised for and received 5 proposals from qualified audit firms which the selection committee ranked based on experience and expertise. The top three ranked firms met with the Audit Committee on November 17, 2017. From those meetings the audit committee recommended the Audit Contract be awarded to Swanhorst and Company LLC. Mayor Jirsa expressed his concerns with selecting Swanhorst and Company LLC, in consideration of their previous work with the 2002 - 2003 audit of the Saint Vrain School District. These concerns were discussed at length and those Trustees on the Audit Committee explained their decision process. They cited Director Hudson’s previous experience with Swanhorst and Company LLC, Swanhorst’s history with the Town and government auditing, and the pricing structure Swanhorst provided. After further discussion, it was moved and seconded (Holcomb/Koenig), to award the Audit Contract to Swanhorst and Company LLC for the years ending December 31, 2017 through December 31, 2021, and it passed with Mayor Jirsa and Trustee Walker voting “No”. DRAFT Board of Trustees – November 28, 2017 – Page 5 3. ORDINANCE 32-17 AMENDMENT TO THE ESTES PARK MUNICIPAL CODE ADDING CHAPTER 10.24 USE OF OFF-HIGHWAY VEHICLES. Mayor Jirsa opened the public hearing. Attorney White stated the purpose of Ordinance 32-17 was to allow off-highway vehicles (OHV) on Town public roads, streets, alleys, and avenues per C.R.S. Section 33-14.5-100 (1) (a). Changes previously discussed by the Board had been incorporated into Exhibit A of the Ordinance. Mayor Jirsa closed the public hearing. Attorney White read the Ordinance into the record. It was moved and seconded (Holcomb/Mart chink), to approve Ordinance #32-17 amending the Estes Park Municipal Code adding Chapter 10.24 use of off-highway vehicles, and it passed unanimously. Whereupon Mayor Jirsa adjourned the meeting at 8:52 p.m. Todd Jirsa, Mayor Kimberly Disney, Recording Secretary DRAFT       4 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment November 7, 2017 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Vice-Chair John Lynch, Pete Smith, Jeff Moreau, Rex Poggenpohl Attending: Members Newsom, Lynch, Smith, Moreau, and Poggenpohl Also Attending: Community Development Director Randy Hunt, Senior Planner Jeff Woeber, Recording Secretary Thompson Absent: None Chair Newsom called the meeting to order at 9:00 a.m. There were two people in attendance. He introduced the Board members and staff. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. AGENDA APPROVAL It was moved and seconded (Poggenpohl/Smith) to approved the agenda as presented and the motion passed unanimously. 2. PUBLIC COMMENT None. 3. CONSENT AGENDA Approval of minutes dated October 3, 2017 It was moved and seconded (Smith/Lynch) to approve the minutes as presented and the motion passed unanimously. 4. METES AND BOUNDS PARCEL LOCATED AT 1901 FISH CREEK ROAD; FISH CREEK STORAGE Planner Gonzales reviewed the staff report. The applicants, Chris and Marlys Eshelman, requested a variance from Estes Valley Development Code Section 7.2.B.2.b Grading Standards. The variance would allow lowering original grade by approximately 24 feet in lieu of the 12-foot maximum allowed. The property is zoned I-1–Industrial. A development plan for the storage facility was approved in October, 2017 by the Estes Valley Planning Commission. The site has an existing cliff along the west property line, which will need to be cut back to increase the usable space. Planner Gonzales reviewed the criteria for the variance, which can be viewed in the staff report. There are very few properties in the Estes Valley zoned I-1, and the existing cliff on this small site makes the property unique. The property to the west is platted as open space in the Carriage Hills subdivision. The application was routed to affected agencies. 5 RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 November 7, 2017 A legal notice was published in the local newspaper and the adjacent property owners were notified by mail. Staff, Member & Applicant Discussion Lonnie Sheldon/project engineer stated a retaining wall will not be needed, as the cliff face is solid rock. The original grade of the property will not be changed. There is a fence at the top of the cliff, which will be improved. Chris Eshelman/applicant provided a brief overview of the project, and stated the blasting would be minimal and should not impact the neighbors. It was moved and seconded (Smith/Moreau) to approve the variance from EVDC Section 7.2.B.2.b to allow a grade change of approximately 24 feet to allow construction of a storage facility at 1901 Fish Creek Road and the motion passed unanimously. 5. REPORTS There were no comments nor discussion regarding the reports listed on the agenda. There being no other business before the Board, the meeting adjourned at 9:17 a.m. ___________________________________ Wayne Newsom, Chair __________________________________ Karen Thompson, Recording Secretary 6 Town of Estes Park, Larimer County, Colorado, November 2, 2017 Minutes of a regular meeting of the Family Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Administration Conference Room of Town Hall, in said Town of Estes Park on the 2nd day of November, 2017. Present: Nancy Almond Courtney Hill Bin Greer Jodi Roman Laurie Dale-Marshall John Bryant Sue Strom Also Present: Travis Machalek, Assistant Town Administrator Suzanna Simpson, Administration Executive Assistant Ron Norris Absent: Floyd Collins Karen Randinitis Rachel Balduzzi Marion Stallworth Maria Jimenez Chair Greer started the meeting at 3:34 p.m. Public Comment None Bylaw Quorum Update Assistant Town Administrator Machalek updated the group on the Town Board’s approval of a reduction needed for quorum to one-half of the Family Advisory Board (six members). Approval of August minutes It was moved and seconded (Hill/Bryant) to approve the August, 2017 meeting minutes and the motion passed unanimously. Resource Guide and PDF Review The board reviewed the PDF prepared by Vice-Chair Stallworth and Member Randinitis. The board agreed that the mission/vision can be left off the document. A column will be added to indicate whether or not resources are available in Spanish. Discussion of adding local counselors, Member Almond will check with the Suicide Prevention Task Force to see about linking to their resource guide. Member Dale Marshall said that 7 Family Advisory Board – November 2, 2017 – Page 2 possible hard copies could be kept in library, as Member Roman brought up the inclusion of those community members who may not have internet. Member Almond will also check with 2-1-1 to see about linking to their list. Habitat for Humanity will be added. Finally, the board expressed kudos to Vice-Chair Stallworth and Member Randinitis for their work. Trustee Norris would like to have members present the final version at a future Town Board meeting. The Town will promote the resource on social media through the Public Information Office. New meeting time Thursdays are the best time for the majority of the group – Chair Greer will talk to Vice- Chair Stallworth about moving the meeting time up. Youth on Boards Member Dale Marshall explained some of the expectations for participating – be intentional about including the member and identify projects or tasks that they can help with – data collection, social media, etc. The idea is that they have opportunities to learn. It was moved and seconded (Dale Marshall/Almond) to accept a youth on the Family Advisory Board as an advisor, nominate Member Bryant as the mentor/contact for youth and authorize Chair Greer to complete the application and the motion passed unanimously. Next Steps/Focus Areas/Gaps Member Almond updated the board on recent efforts to submit a proposal to the Town requesting that the existing Senior Center building be converted to a childcare facility. She met with Town staff recently and was instructed to get more cost information. There are currently three possible uses proposed for the building – childcare, museum storage for collections, and for Senior Center, Inc. Assistant Town Administrator Machalek explained to the board that the decision on the final use will be up to the Town Board. There is a study session planned to discuss the topic in January. Member Almond, on behalf of EVICS, will develop a more comprehensive proposal and would like some assistance in the form of a task force comprised of at least some Family Advisory Board members. The proposal will include the need in the community (current needs assessment takes care of this), timeframe, potential operators, and costs (upfront modifications to the building – not operating costs). Lengthy discussion ensued on the Town’s strategic planning process, budget, allocation of existing funds, staff recommendations and staff time, how to approach the Town Board on this topic, and the viability of all three potential uses. Other Member Hill reminded the board that the League of Women Voters is having a forum on workforce housing next week at the YMCA, and that the YMCA is holding a meeting 8 Family Advisory Board – November 2, 2017 – Page 3 next Tuesday night with their neighboring HOA to discuss an employee housing project that will yield between 48 and 60 units. Next Meeting The next meeting of the Family Advisory Board will take place Thursday, Dec. 7, at 3:30 p.m. in Room 203 at Town Hall. Seeing no further business, Chair Greer adjourned the meeting at 5:40 p.m. 9       10 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Randy Hunt, Community Development Director Date: December 12, 2017 RE: Estes Park Board of Appeals Appointment Objective: Appoint an applicant to the Town of Estes Park Board of Appeals, to fill the remainder of an unexpired term. Present Situation: The Town’s Board of Appeals is a five-member board whose members are appointed by the Town Board of Trustees. This Board is required by the various International Building Codes, and its purpose is to hear appeals of the Building Official’s decisions and to advise staff and elected officials on matters pertaining to code amendments and code interpretations. Specific seats on the Board are designated to represent various building trades and design specialties (architecture, general contractors, etc.) The Board current has a vacancy due to the resignation earlier this year of Mr. John Spooner. Mr. Spooner is a P.E. (Civil Engineer) and served honorably and well on the Board in that professional capacity for many years. The remainder of this seat’s term runs for approx. two years, ending on Dec. 31, 2019. Proposal: The Board vacancy has been advertised through the Administrative Services Dept.’s standard protocols for several months. To date only one applicant with professional engineering credentials has filed. The applicant is Amy Plummer, a retired P.E. in Estes Park. Staff has reviewed Amy’s application and materials and we conclude that she is fully qualified to represent the engineering specialty matters on the Board and to serve as a Board of Appeals member. Although the seat could continue to be advertised, there is always a balance between a lengthy search process and ensuring that any Board has a quorum and full representation. In this case, staff views filling the seat expeditiously with a qualified candidate to be the best path forward. Per the Town Board’s past policy and practice, if 11 only one applicant is in the queue, a formal appointment interview has not been deemed necessary. Appointing Ms. Plummer this evening will accord with that approach. Advantages: • Provides continuity on the Board of Appeals for competent membership generally • Provides representation on the Board for the Civil Engineering profession Disadvantages: • None identified Action Recommended: Staff recommends approval of the appointment. Budget: n/a Level of Public Interest Low. Sample Motion: I move that the Town Board of Trustees approve the appointment of Amy Plummer to the Estes Park Board of Appeals, for the remainder on an unexpired term ending on Dec. 31, 2019. Attachments: n/a 12 Parks Advisory Board Appointments TOWN CLERK Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: December 12, 2017 RE: Parks Advisory Board Appointments Objective: To consider the appointments recommended by the interview committee for the Parks Advisory Board. Present Situation: The Administrative Service department advertised for positions on the Board to complete the term vacated by Celine Lebeau and fill 2 additional positions expiring on December 31, 2017 currently held by Terry Rustin and Merle Moore. Proposal: The interview team recommends the reappointment of Merle Moore and the appointment of Wade Johnston to 3-year terms expiring on December 31, 2020, and the appointment of Geoffrey Elliott to complete the term vacated by Celine Lebeau expiring on December 31, 2019. Advantages: To appoint qualified individuals to the Board to meet the goals of the Parks Advisory Board. Disadvantages: If the appointments are not made, the positions would remain vacant until the positions could be re-advertised and interviews conducted. Action Recommended: Appointment of Merle Moore and the appointment of Wade Johnston to 3-year terms expiring on December 31, 2020, and the appointment of Geoffrey Elliott to complete the term vacated by Celine Lebeau expiring on December 31, 2019. Finance/Resource Impact: None. 13 Parks Advisory Board Appointments Level of Public Interest Low. Sample Motion: I move to approve/deny the reappointment of Merle Moore and the appointment of Wade Johnston to 3-year terms expiring on December 31, 2020, and the appointment of Geoffrey Elliott to complete the term vacated by Celine Lebeau expiring on December 31, 2019. 14 FINANCE DEPT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Duane Hudson, Finance Director Date: Dec 12, 2017 RE: Resolution 31-17 – Fair Housing – Request to Continue Objective: Take action affirmatively furthering fair housing as required by acceptance of Community Development Block Grant – Disaster Recovery (CDBG-DR) awards from the US. Department of Housing and Urban Development (CFR 5.150 and Executive Order 12892). Title VIII of the Civil Rights Act, as amended by the Fair Housing Amendments Act of 1988, prohibits discrimination on the basis of race, color, religion, sex, familial status, national origin or disability in the sales, rental, leasing or financing of housing or land to be used for construction of housing or in the provision of brokerage services. Present Situation: The Town has accepted $3.5 million in CDBG-DR grant awards over the last few years as part of the flood recovery and Moraine Ave bridge replacement efforts. As a condition of acceptance of these grants, the Town is required to take actions in support of fair housing within the community. Proposal: Adoption of a “Fair Housing Resolution” is a primary method used by local governments to remind the community of these laws and regulations. Advantages:  Demonstrate the Town Board’s commitment to promoting fair housing efforts within the community.  Comply with grant requirements for the CDBG-DR grant awards accepted by the Town. Disadvantages:  None identified. 15 Action Recommended: Staff recommends the Town Board adopt the Fair Housing Resolution. Finance/Resource Impact: None Level of Public Interest Staff have received no public comments or expressions of interest regarding this resolution. Sample Motion: I move for the approval/denial the continuance of the Fair Housing Resolution # 31-17 to January 9, 2018. Attachments: Attachment A – Resolution # 31-17 Fair Housing Resolution 16 RESOLUTION #31-17 FAIR HOUSING RESOLUTION WHEREAS, discrimination on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or financing of housing or land to be used for construction of housing or in the provision of brokerage services is prohibited by Title VIII of the 1968 Civil Rights Act (Federal Fair Housing Law); and WHEREAS, Title VIII of the Civil Rights Act and Presidential Executive Order 12892 describes the obligation to Affirmatively Further Fair Housing; and WHEREAS, it is the policy of the Town of Estes Park to encourage equal opportunity in housing for all persons regardless of race, color, religion, sex, familial status, national origin or disability; and WHEREAS, within available resources, the Town of Estes Park will assist all persons who feel they have been discriminated against because of race, color, religion, gender, national origin, disability or familial status to seek equity under federal and state laws by referring them to the U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Compliance Division; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Town shall publicize this Resolution and through this publicity shall cause real estate brokers and sellers, private home sellers, rental owners, rental property managers, real estate and rental advertisers, lenders, builders, developers, home buyers and home or apartment renters to become aware of their respective responsibilities and rights under the Fair Housing Amendments Act of 1988 and any applicable state or local laws or ordinances. The Fair Housing Program, for the purpose of informing those affected of their respective responsibilities and rights concerning Fair Housing law, will include: 1) the printing, publicizing and distribution of the Resolution; and 2) the distribution of posters, flyers, pamphlets, and other applicable Fair Housing information provided by local, state and federal sources; and 3) the publicizing of locations where assistance will be provided to those seeking to file a discrimination complaint. DATED this ______ day of __________________, 2017. TOWN OF ESTES PARK ____________________________________ 17 Mayor ATTEST: ________________________________________ Town Clerk 18 FINANCE DEPT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Duane Hudson, Finance Director Date: Dec 12, 2017 RE: Revisions to the Federal Transit Administration Title VI Plan Objective: Adopt needed revisions and updates to the Town of Estes Park Federal Transit Administration (FTA) Title VI Plan adopted on June 10, 2014. Present Situation: The Town has accepted $3,866,000 in FTA grant awards over the last few years as part of the parking garage financial package and the Fall River Trail project work. As a condition of acceptance of these FTA grants, the Town was required to adopt a Title VI Plan covering nondiscrimination requirements and is required to update the plan at least every three years. 2017 is the third year since the last revision approved June 10, 2014. Proposal: Town staff has reviewed and updated the accompanying Title VI Plan. The most significant changes to the existing plan are updates to the statistical tables and development of a Title VI Complaint Form, attached to the Title VI Plan as Appendix B. The rest of the plan is substantively the same. Advantages: • Comply with grant requirements for the FTA grant awards accepted by the Town. Disadvantages: • None identified. Action Recommended: Staff recommends the Town Board adopt the updated Title VI Plan. Finance/Resource Impact: None 19 Level of Public Interest Staff have received no public comments or expressions of interest regarding this plan. Sample Motion: I move for the approval/denial of the Dec 12, 2017 revised Federal Transit Administration Title VI Plan of the Town of Estes Park. Attachments: Attachment A – Federal Transit Administration Title VI Plan 20 1 Town of Estes Park Title VI/LEP Plan December, 2017 Town of Estes Park Federal Transit Administration Title VI Plan Compliance with Title VI, Environmental Justice and Limited English Proficiency Requirements Contact: Brian Wells, Shuttle Coordinator 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-3963 shuttlecoordinator@estes.org (email) 21 2 Town of Estes Park Title VI/LEP Plan December, 2017 Town of Estes Park Title VI Plan Table of Contents SECTION PAGE I Statements of Policy Introduction 4 Title VI Non-Discrimination Statement of Policy 5 Environmental Justice and Limited English Proficiency Policy Statement 5 Definition of Federal Financial Assistance and Recipients Affected 5 II Title VI Assurances Specific Forms of Discrimination Prohibited 6 Programs and Services covered by Title VI 6 Authorities 6 Assurances for Title VI and Other Non-Discriminatory Statutes 7 III Title VI and Environmental Justice – Town of Estes Park Planning Requirements Data Collection 9 Transit Planning 9 IV Title VI and Environmental Justice – the Public Participation Process Public Participation Plan (PPP) 10 Communication and Notification to the Public 11 V Organization and Staff Responsibilities Organization Overview 12 VI Title VI Coordinator and Complaint Process Title VI Coordinator Responsibilities 13 Title VI Complaint Procedures 14 22 3 Town of Estes Park Title VI/LEP Plan December, 2017 Reporting a Title VI Complaint 14 Filing a Title VI Complaint 15 Title VI Complaint Form 15 Title VI List of Complaints 16 Title VI Related Training 16 VII Limited English Proficiency Plan Introduction 17 Policy 17 Needs of Area 18 Language Assistance Plan 20 Appendix A Siting Equity Analysis 22 Appendix B Title VI Complaint Form 23 Appendix C List of Transit-Related Title VI Investigations, Complaints and Lawsuits 26 23 4 Town of Estes Park Title VI/LEP Plan December, 2017 I. STATEMENTS OF POLICY Introduction The Town of Estes Park prepared this Title VI Plan in compliance with the Title VI Circular 4702.1B. The Plan also addresses Limited English Proficiency requirements. The Town of Estes Park provides free fixed route shuttle service each summer to assist residents and visitors in traveling around Estes Park. Shuttles travel on five routes between the Estes Park Visitor Center, 500 Big Thompson Avenue, to 60 stops throughout Estes Park and the surrounding valley. Shuttles make it convenient for residents and visitors to leave their vehicles at a lodging facility or parking lot and travel around town during the busy summer season. This is a free service and written information is available at local businesses, the visitor center, on line at www.estes.org/shuttles, lodging properties and on each bus. On request, information is available for hearing impaired as well as large print time schedules for visually impaired customers. A free trolley operates in a continuous loop on peak weekends from at least 10 am to 5 pm with service about every 20 to 30 minutes depending on traffic. A parking structure has been completed and opened for operation on July 1, 2017 to accommodate the over three million visitors to the area. The Estes Park Transit Facility and Parking Structure will increase parking availability in the downtown area, reduce emissions in the Estes Valley and Rocky Mountain National Park, and serve as another hub for transit systems. This project has been funded by grants from Federal and State governments and matched by the Town’s community reinvestment fund. Long range planning efforts of the National Park Service/Rocky Mountain National Park, Colorado Department of Transportation/Region 4, Town of Estes Park, Visit Estes Park, Estes Park Partners for Commerce, Estes Valley Economic Development Corporation, Upper Front Range Transportation Planning Region- and the Town appointed Transportation Advisory Board coordinated in the development of this project. Recent plans completed that support this project include the Estes Valley Transportation Alternatives Feasibility Study (2003) and the Integrated Approach to Transportation and Visitor Use Management Plan (2010) completed by the ROMO. Town of Estes Park surveys demographic ridership and travel patterns to provide optimal service. No issues have been identified in terms of disparate impacts to any community group. No sub-recipients provide transit services. Transit service is seasonal, operating as a fixed route, and there are under 50 vehicles in the fleet. No information relative to service standards or polices are required to be submitted. The Town of Estes Park is governed by the elected Board of Trustees and currently includes six males and one female. The Mayor Pro Tem is a female. No non-elected committees and/or councils are authorized to direct policy or operations of transit service. The Town Board of 24 5 Town of Estes Park Title VI/LEP Plan December, 2017 Trustees will approve revisions to the Title VI Plan at a regularly scheduled meeting and has signed the Assurances of Title VI. The membership of the non-elected Transportation Advisory Board (TAB), broken down by race and gender is shown below. By Gender White All Other Male 4 0 Female 5 0 As an example of the efforts for public participation encouraged by this group, a recent TAB Agenda mentioned the intent to hold public forums prior to the development of an action plan. Openings on the TAB are advertised by the Administrative Services Department. The Town Board appoints members. No pre-screening is done; minimal residency qualifications are the only criteria to be eligible to serve. An Equity Analysis was completed and is presented in Appendix A. Title VI Non-Discrimination Statement of Policy The Town of Estes Park is committed to compliance with Title VI of the Civil Rights Act of 1964, 49 CFR, part 2, and all related regulations and directives. The Town of Estes Park assures that no person shall on the grounds of race, color, national origin, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any Town of Estes Park program, activity, or service. Environmental Justice and Limited English Proficiency Policy Statement Town of Estes Park is committed to assuring every effort will be made to prevent the discrimination of low-income and minority populations, as a result of any impact of its programs or activities in accordance with Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and in Low-Income Populations. In addition, Town of Estes Park assures every effort will be made to provide meaningful access to persons that have Limited English Proficiency (LEP), in accordance with Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency. Definition of Federal Financial Assistance and Recipients Affected Federal financial assistance is defined as any Federal dollars that are assigned to the Town of Estes Park system to support any program and activity, by way of grant, loan or contract, other than a contract of insurance or guaranty. The Town of Estes Park currently does not directly receive any operational funding for transit services. However, it has been awarded capital funds from the Federal Transit Administration (FTA) to carry out the transportation services as set forth by the federal law “Moving Ahead for Progress in the 21st Century (MAP-21)”. 25 6 Town of Estes Park Title VI/LEP Plan December, 2017 II. TITLE VI ASSURANCES Specific Forms of Discrimination Prohibited The Town of Estes Park’s efforts to prevent discrimination must address, but are not limited to: ● The denial of services, financial aid, or other benefits provided under a program. ● Distinctions in the quality, quantity, or manner in which the benefit is provided. ● Segregation or separation in any part of the program. ● Restriction in the enjoyment of any advantages, privileges, or other benefits provided to others. ● Different standards or requirements for participation. ● Methods of administration which directly or indirectly or through contractual relationships would defeat or impair the accomplishment of effective nondiscrimination. ● Discrimination in any activities related to a transit services, highway, infrastructure or facility built or repaired in whole or in part with Federal funds. ● Discrimination in any employment resulting from a program, the primary purpose of which is to provide employment. Programs and Services covered by Title VI The Town of Estes Park Title VI Plan applies to all programs, activities and services, regardless of funding source. Authorities 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); 2. Federal-Aid Highway Act of 1973 (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); 3. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 4. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); 5. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), (prohibits discrimination on the basis of disability) 6. The National Environmental Policy Act of 1969, 42 U.S.C. § 4321; 7. 49 C.F.R. Part 21 (entitled Nondiscrimination In Federally-Assisted Programs Of The Department of Transportation-Effectuation of Title VI Of The Civil Rights Act of 1964); 8. 49 C.F.R. Part 27 (entitled Nondiscrimination On The Basis Of Disability In Programs Or Activities Receiving Federal Financial Assistance); 9. 49 C.F.R. Part 28 (entitled Enforcement Of Nondiscrimination On the Basis Of Handicap In Program Or Activities Conducted By The Department Of Transportation); 10. 49 C.F.R. Part 37 (entitled Transportation Services For Individuals With Disabilities (ADA)); 11. 23 C.F.R. Part 200 (FHWA’s Title VI/Nondiscrimination Regulation); 12. 28 C.F.R. Part 35 (entitled Discrimination On The Basis Of Disability In State And Local Government Services); 26 7 Town of Estes Park Title VI/LEP Plan December, 2017 13. 28 C.F.R. Part 50.3 (DOJ Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). Assurances for Title VI and Other Non-Discriminatory Statutes Town of Estes Park (hereafter referred to as the "Recipient") in keeping with our policy of nondiscrimination, hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d - 42 U.S.C. 2000d-4 (hereinafter referred to as the Act) and all requirements imposed by or pursuant to: Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, nondiscrimination in Federally- assisted programs of the Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to that end in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, national origin, marital status, physical or mental disability, religion or age be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance from the Department of Transportation, including the Federal Transit Administration (FTA), and hereby gives assurance that it will promptly take any measures necessary to effectuate this agreement. This Assurance is required by Subsection 21.7 (a)(1) of the Regulations. More specifically and without limiting the above general assurance, the Recipient hereby gives the following specific assurances with respect to operating assistance projects: ● That the Recipient agrees that each "program" or "facility", as defined in Subsections 21.23(b) and 21.23 (e) of the Regulations, will be (with regard to a “program”) conducted, or will be (with regard to a “facility”) operated in compliance with all requirements imposed by, or pursuant to, the Regulations; and ● That the Recipient shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with the Federal Transit Administration, and in adapted form in all proposals for negotiated agreements; Town of Estes Park in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and 49, of the Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, income status or age in consideration for an award; ● The Recipient shall provide for such methods of administration for the program as are found by the Secretary of Transportation or the officials to whom he delegates specific authority to give reasonable guarantee that it, other recipients, sub grantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under 27 8 Town of Estes Park Title VI/LEP Plan December, 2017 such program will comply with all requirements imposed or pursuant to the Act, the Regulations and this Assurance; ● The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this Assurance; and ● This Assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Recipient by the Department of Transportation under Federal-Aid Highway Program and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, successors in interest and other participants in the Federal-Aid Highway Program. The person whose signature appears below is authorized to sign this Assurance on behalf of the Recipient. ________________________________ ____________________ Todd Jirsa, Mayor Date 28 9 Town of Estes Park Title VI/LEP Plan December, 2017 III. TITLE VI AND ENVIRONMENTAL JUSTICE – TOWN OF ESTES PARK PLANNING REQUIREMENTS Town of Estes Park is responsible for ensuring Title VI and Environmental Justice compliance for the following planning activities: Data Collection Census and other statistical data will be collected by the Town of Estes Park, as a means of identifying low income and minority populations within the service area. The data will be maintained for the purpose of planning projects and programs that serve various population groups. The data collection process will be reviewed regularly to ensure sufficiency in meeting Title VI requirements. ● Town of Estes Park Actions ○ Collect, maintain, and update databases of low income and minority concentrations within the service area ○ Utilize the data when developing plans and studies ○ Develop demographic profile maps to help identify neighborhoods with high concentrations of low income and minority populations ○ Use these maps in various planning documents Transit Planning The Town of Estes Park operates and plans the shuttle route system to reduce congestion and will appropriately serve identified low income and minority neighborhoods, make meaningful connections between housing and jobs, and ensure that transit is a viable transportation option as possible while it continues efforts to reduce automobile congestion and environmental impacts. ● Actions ○ Using demographic profile maps, ensure that transit routes and stops fully serve those neighborhoods with high concentrations of low income and minority populations. ○ Work with Visit Estes Park, Estes Park Partners for Commerce, and Rocky Mountain National Park to identify necessary changes to routes. ○ Ensure bus stop locations are fully accessible for all users, both at the site and in the vicinity. 29 10 Town of Estes Park Title VI/LEP Plan December, 2017 IV. TITLE VI AND ENVIRONMENTAL JUSTICE – THE PUBLIC PARTICIPATION PROCESS Public Participation Plan (PPP) The Town of Estes Park Public Participation Plan (PPP) describes how Town of Estes Park communicates and distributes information to the public as well as how the public can interact and provide comments concerning transit services. The needs of those traditionally underserved by the existing system will be sought and considered by the Town of Estes Park system. Through its public involvement efforts, Town of Estes Park will strive to achieve the following Title VI and Environmental Justice (EJ) goals: ● To avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations. ● To ensure the full and fair participation by all potentially affected communities in the transportation decision-making process. ● To prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations. Title VI states that no person shall, on the ground of race, color, or national origin, be excluded from participation in, denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Town of Estes Park will ensure that the input and feedback from all people will be considered in the development of planning documents and activities. Environmental Justice concerns and goals should be considered throughout all public engagement efforts, from project planning through construction and operation. This includes public outreach conducted during transportation planning and during the environmental reviews required by the National Environmental Policy Act (NEPA). The following actions relating to Environmental Justice and Title VI are meant to reduce the barriers for participation in the decision-making process by low income, minority or disabled individuals. 1. When possible, public meetings will be held in locations that are convenient to low and moderate income neighborhoods and accessible to disabled populations. Such locations include community centers, senior centers and schools. Where possible, Town of Estes Park staff will meet at the locations of businesses, neighborhood groups, stakeholders, and other agencies. 2. Upon request, all Town of Estes Park work products and documents will be made available in alternative formats, including Braille, large type and languages other than English. 3. The following statement will be included in all Estes Park documents: Town of Estes Park does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the provision of services. This document can be made available in 30 11 Town of Estes Park Title VI/LEP Plan December, 2017 alternative formats by calling the Town of Estes Park Shuttle Coordinator at 970-577- 3963. 4. The following elements of this statement will be included in all meeting announcements: If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, a LEP individual in need of language translation, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Shuttle Coordinator, Town of Estes Park, 170 MacGregor Avenue, Estes Park, CO, at least one week prior to the meeting or as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the Town of Estes Park Shuttle Coordinator if a summary or other type of accessible format is needed. 5. Agencies and organizations that represent low income, minority and disabled populations will be identified and included in Town of Estes Park mailings. Staff will maintain an active listing of contacts for these organizations. 6. Town of Estes Park will evaluate Environmental Justice actions and Title VI requirements on an annual basis to ensure effectiveness of public involvement. This document will be reviewed and updated in conjunction with the Public Participation Plan. Communication and Notification to the Public All members of the public are ensured protections against discrimination which are afforded to them by Title VI. To ensure open communication with the public, the Town of Estes Park will adhere to the following requirements: The Town of Estes Park will disseminate agenda and public meeting information to members of the public via accessible printed and electronic media, including postings on the Town’s website and in the Estes Park Trail Gazette. Documents and agendas will be available at 170 MacGregor, Estes Park, CO 80517; Estes Park Visitors Center and at other locations identified in the Public Participation Plan. Public notices of Town of Estes Park meetings will be posted at the location of the meeting site. ● In appropriate documents, the Town of Estes Park will include a statement that the organization complies with Title VI by assuring that no person shall on the grounds of race, color, national origin, gender, age, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under any Town of Estes Park program, activity, or service. ● The following statement shall be posted on site at the Town of Estes Park office, on the Town’s website, permanently displayed on public transit vehicles; and other appropriate materials made available to the public: (Documents will be translated into languages other than English, upon request.) Non-Discrimination - Your Rights under Title VI of the Civil Rights Act of 1964 The United States Department of Transportation (DOT) ensures full compliance with Title VI of the Civil Rights Act of 1964 by prohibiting discrimination against any person on the basis of race, color or national origin in the provisions of benefits and services resulting from 31 12 Town of Estes Park Title VI/LEP Plan December, 2017 federally assisted programs and activities. Any person, who believes the Town of Estes Park has violated his /her Title VI protections, should contact the Town of Estes Park at 970-577- 3963 or via email at shuttlecoordinator@estes.org. Town of Estes Park has also developed a policy to assist individuals who are Limited English Proficient (LEP). Translation services in order to assist LEP individuals shall be made available to Transit’s customers upon request. The Town of Estes Park Title VI policy, complaint procedures and LEP Plan shall be made available upon request by contacting the Shuttle Coordinator at the above-noted information. For Federal Title VI information please contact the Federal Transit Administration (FTA), Region 8 at 303-362-2393. Federal Title VI information, including filing complaints, can also be accessed on the FTA web site at: www.fta.dot.gov. Section VI of this plan describes the procedures to be followed by members of the public to file a discrimination complaint against the Town of Estes Park transit services. V. ORGANIZATION AND STAFF RESPONSIBILITIES Organization Overview Town of Estes Park operates and assists with funding the seasonal local transit system. Rocky Mountain National Park also provides seasonal service. The Town of Estes Park is responsible for providing public transportation within the town. Rocky Mountain National Park is responsible for providing transportation within the park. The service is directed by the Shuttle Coordinator as part of his/her duties. The Coordinator oversees and will implement the Plan as part of the transit program. The Staff and Driver Team are responsible for ensuring public transportation is accomplished as set forth by the federal transportation bill “Moving Ahead for Progress in the 21st Century”. Town of Estes Park staff will be responsible for the development and implementation of the Title VI plan and for performing the actions relating to its primary public transportation requirements. 32 13 Town of Estes Park Title VI/LEP Plan December, 2017 VI. TITLE VI COORDINATOR AND COMPLAINT PROCESS Title VI Coordinator Responsibilities The Shuttle Coordinator of Town of Estes Park is the designated Title VI Coordinator for the town. The Coordinator is responsible for oversight of the Town of Estes Park Title VI plan. The Coordinator must ensure that transit is compliant with Title VI requirements. The Coordinator is also responsible for Title VI training of relevant staff, conducting reviews, and assisting in investigations of Title VI complaints. The Coordinator must also compile the Title VI Accomplishment and Goals report on an annual basis. Town of Estes Park staff can assist the Title VI Coordinator with compiling Title VI information from transit activities for this report. Town of Estes Park Shuttle Coordinator and staff will be responsible for the following: ● Ensuring that the transportation services fully comply with the requirements of Title VI. ● Monitoring the transportation services goals and ensuring compliance with Title VI requirements. ● Reviewing operational policies and procedures to ensure Title VI compliance. ● Monitoring the service equities of planning data collection and analysis for potential impacts on social, economic, and/or ethnic groups. ● Ensuring the planning organizational membership attempts to reflect the makeup of the population served. ● Ensuring the opinions and views of all groups within their populations are solicited and considered in the planning of transportation projects. ● Monitoring compliance with Environmental Justice issues to identify low-income and minority populations that may be impacted by transportation planning process. ● Providing evidence that input from minority groups/persons has been considered in the transportation planning process. Evidence could include but is not limited to the participation level and composition of participants in public information settings and reporting any follow-up and conclusions to issues communicated throughout the planning process. ● Monitoring the gathering and utilization of demographic data used to identify and locate low- income and minority populations in order to investigate the possible benefits and detriments of transportation plans on these populations. ● Monitor compliance with Limited English Proficiency (LEP) populations to improve access and comprehension of the transportation planning process for individuals comprising the LEP population. 33 14 Town of Estes Park Title VI/LEP Plan December, 2017 Title VI Complaint Procedures Town of Estes Park is committed to ensuring that all citizens have equal access to all transportation services. It is further the intent of the Town of Estes Park that all citizens are aware of their rights to such access. Any person believing he or she has been excluded from, denied participation in, denied the benefits of, or otherwise has been subjected to discrimination under any transportation service, program or activity (whether Federally funded or not) due to that person’s race, color, national origin, gender, age or disability has the right to file a complaint. The complaint procedures cover the following: ● Title VI of the Civil Rights Act of 1964 ● Section 504 of the Rehabilitation Act of 1973 ● Civil Rights Restoration Act of 1973 ● Civil Rights Restoration Act of 1987 ● Americans with Disabilities Act of 1990 ● Executive Order 12898 ● Executive Order 13166 Reporting a Title VI Complaint An individual, group of individuals or entity may file a formal Title VI complaint. If an individual or group believes that they have received discriminatory treatment by the Town of Estes Park on the basis of your race, color or national origin, the individual or group has the right to file a complaint with the Town of Estes Park’s Shuttle Coordinator. The complaint must be filed no later than 180 calendar days of the alleged discriminatory incident. The preferred method is to file your complaint in writing using the Title VI Complaint Form (Appendix B) and sending it to: Attn: Shuttle Coordinator Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 shuttlecoordinator@estes.org (email) Verbal complaints will be accepted and transcribed by the Shuttle Coordinator. To make a verbal complaint, call 970-577-3963 and ask for the Shuttle Coordinator. An individual or group also has the right to file a complaint with an external entity, federal or state agency, or a federal or state court. 34 15 Town of Estes Park Title VI/LEP Plan December, 2017 The complaint that is submitted to the entity should include the name, address, phone number and signature of complainant. The formal complaint should describe the alleged discriminatory act that violates Title VI in detail. Title VI complaints may also be filed directly with the United States Department of Transportation (USDOT), Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Federal Aviation Administration (FAA) or the Federal Railroad Administration (FRA) within the 180 calendar day period of the alleged discriminatory act (or latest occurrence). Should a complaint be filed with the Town of Estes Park through the Administrative Services Department and an external entity simultaneously, the external complaint shall supersede the Town of Estes Park complaint and the Town of Estes Park’s complaint procedures will be suspended pending the external entity’s findings. If Town of Estes Park were to receive a Title VI complaint, staff will inform FTA Region 8 staff of the complaint and the measures taken to address and resolve the complaint. Filing a Title VI Complaint Within ten (10) calendar days of receipt of the formal complaint, the Shuttle Coordinator will notify the complainant and begin an investigation (unless the complaint is filed with an external entity first or simultaneously). The investigation will address complaints against the Town of Estes Park. The investigation will be conducted in conjunction with and under the advice of the Administrative Services Department. The investigation may include discussion(s) of the complaint with all affected parties to determine the problem. The complainant may be represented by an attorney or other representative of his/her own choosing and may bring witnesses and present testimony and evidence in the course of the investigation. The investigation will be conducted and completed within 60 calendar days of the receipt of the formal complaint. Based upon all the information received, an investigation report will be written by the Shuttle Coordinator. The complainant will receive a letter stating the final decision of the Town of Estes Shuttle Coordinator by the end of the 60-day time limit. The complainant shall be notified of his/her right to appeal the decision. Appeals may be made to the Department of Justice (DOJ) or Department of Transportation (DOT). Title VI Complaint Form Completion of a Title VI Complaint form is required when filing a complaint. Please see Appendix B for a copy of the form. These forms are also available from the Town of Estes Park, Shuttle Coordinator, Town of Estes Park, 170 MacGregor Avenue, PO Box 1200, Estes Park, CO 80517. 35 16 Town of Estes Park Title VI/LEP Plan December, 2017 Title VI List of Complaints Currently, the Town of Estes Park has had no active investigations, lawsuits, or complaints relative to Title VI including Limited English Proficiency. For the current list of complaints, see Appendix C. Title VI Related Training The Title VI Coordinator shall ensure that staff is trained and familiar with related policies and procedures. Related Title VI training will be provided by the Title VI Coordinator to senior management and others to discuss practical situations and how Title VI applies to the planning and public participation processes. Training may also be provided through FHWA or FTA sponsored webinars and training resources. 36 17 Town of Estes Park Title VI/LEP Plan December, 2017 VII: LIMITED ENGLISH PROFICIENCY PLAN Introduction This Limited English Proficiency (LEP) Plan for the Town of Estes Park has been developed in response to federal requirements included under Section 601 of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), which provides that no person shall “on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” Federal Executive Order No. 13166, issued in August 2000 by President Clinton, "Improving Access to Services for Persons with Limited English Proficiency," was created to "... improve access to federally conducted and federally assisted programs and activities for persons who, as a result of national origin, are limited in their English proficiency (LEP)..." President Bush affirmed his commitment to Executive Order 13166 through a memorandum issued on October 25, 2001, by Assistant Attorney General for Civil Rights, Ralph F. Boyd, Jr. and Acting Assistant Attorney General Loretta King directed a strengthening of enforcement of Title VI in a memorandum dated July 10, 2009. As a recipient of funds from the Federal Transit Administration (FTA) this Limited English Proficiency (LEP) Plan for the Town of Estes Park has been developed to ensure compliance with Federal LEP regulations. It includes an assessment of the limited English proficiency needs of our area, an explanation of the steps the Town of Estes Park is currently taking to address these needs, and the steps to take in the future to ensure meaningful access to our transit programs by persons with limited English proficiency. Policy It is the policy of the Town of Estes Park to ensure that our programs and activities, normally provided in English, are accessible to Limited English Proficiency (LEP) persons and thus do not discriminate on the basis of national origin in violation of the Title VI prohibition against national origin discrimination. The Town of Estes Park to the maximum extent feasible in its official deliberations and communications, community outreach and related notifications, will provide appropriate alternative non-English formats for persons with LEP to access information and services provided. 37 18 Town of Estes Park Title VI/LEP Plan December, 2017 Needs of Area The Four-Factor Analysis developed by the FTA requires that information be included in Limited English Proficiency (LEP) Plans regarding the number and percentage of LEP persons in our area, and the nature, frequency and importance of the contact we have with LEP persons in providing transit services. Each of these elements is addressed below. Factor 1. Number and Percentage of LEP Persons in Our Area Permanent Population A summary of LEP persons in the service area indicates that 1.7% of the total population speaks English “Not Well” or “Not at All”. Based on the proximity to several towns as well as the potential for persons working to support the various tourist industries, the permanent population was expanded to include neighboring towns and Larimer County. Table 1 - Permanent Population including Nearby Communities/Alternate Languages Source: 2011-2015 American Community Survey 5-Year Estimates, population 5 years and older speaking another language in the home, who speak English “Not Well” or “Not at All.” Visitor Population Because of the regional draw of the various tourist activities, it has been recommended that the population data for multiple Front Range Counties/Major Cities also should be reviewed. CDOT Civil Rights & Business Resource Center provided information relative to Front Range communities for nearby visitor-based communities to use in evaluating language demographics. Data Category Estes Park %Berthoud %Longmont %Loveland %Larimer County %Total % Total Population (5 years old & older)5,704 5,324 83,579 67485 300,772 462,864 Population Speaking English "Not Well or "Not at All:54 0.9%- 0.0% 3,874 4.6% 694 1.0% 3,151 1.0% 7,773 1.7% Population Speaking English "Not Well or "Not at All Spanish 54 100.0%- 0.0% 3,716 95.9% 626 90.2% 2,589 82.2% 6,985 89.9% Other Indo-European - 0.0%- 0.0% 37 1.0% 52 7.5% 200 6.3% 289 3.7% Asian and Pacific Islander - 0.0%- 0.0% 87 2.2%0 0.0% 212 6.7% 299 3.8% Other - 0.0%- 0.0% 34 0.9% 16 2.3% 150 4.8% 200 2.6% Total 54 - 3,874 694 3,151 7,773 38 19 Town of Estes Park Title VI/LEP Plan December, 2017 Table 2 - Front Range Population/Alternate Languages Source: American Community Survey 2011-2015 estimates, population 5 years and older speaking another language in the home, who speak English “Not Well” or “Not at All.” Summary In summary, the total LEP population is less than 5%. The total local population reporting speaking English “not well” or “not at all” was 1.7% or 7,773 individuals (Table 1). The total Front Range potential visitor population reporting speaking English “not well” or “not at all” was 3.7% (Table 2). Spanish is the predominant alternate language. Factor 2 & 3 Nature, Frequency and Importance of LEP Contact Nature of Contact The Estes Park Free Shuttles provide seasonal service circulating throughout the community. Mobility limited persons are accommodated in compliance with the Americans with Disabilities Act. During peak tourist season, service is provided seven days a week with hours dependent on local activities. No fares are collected. Contacts with all riders as well as LEP persons include: • A printed brochure is provided outlining the details of the service. • A poster is available at major attractions/hotels to communicate service availability. • Service operates on a continuous route with an interval of approximately 30 or 60 minutes depending on the time of day and day of week and the individual routes. • Phone numbers to contact for additional information are prominently displayed on both the printed schedule and each bus. • Information is available in Spanish County / City Spanish Indo- European Asian Other Speak English less than "very well" Total Population Counties Adams 24,657 1,050 3,449 395 29,551 434,033 Arapahoe 14,902 2,401 5,342 1,692 24,337 567,763 Boulder 5,507 483 888 79 6,957 294,169 Gilpin - - - - - 5,429 Douglas 1,426 279 837 53 2,595 286,824 Jefferson 4,349 1,206 1,286 241 7,082 522,660 Cities - Aurora 17,157 1,770 4,004 1,462 24,393 318,851 Boulder 964 193 356 14 1,527 100,302 Lakewood 2,070 264 376 52 2,762 138,903 % Speak English less than "very well"71,032 7,646 16,538 3,988 99,204 2,668,934 3.7% Alternate Language Spoken 72% 8% 17% 4% (of total population) 39 20 Town of Estes Park Title VI/LEP Plan December, 2017 Frequency of Contact Based on current scheduling, riders should be able to board a vehicle within thirty or sixty minutes depending on the chosen route. Rides are generally traveling from intercept parking areas, hotels/lodging and other locations to core downtown activities. Based on driver feedback, there are minimal requests for alternate language information. Importance of Contact In rating the importance of current contacts or potential contacts with LEP individuals, the Town of Estes Park is taking the position that all riders are important and while there are minimal requests for alternate languages, this service will be provided. Factor 4. Resources Available for LEP Outreach The Town of Estes Park’s website www.estes.org has a link to a comprehensive listing of all community resources, including transit services prepared by United Way of Larimer County. This resource is also available through the United Way of Larimer County by phoning “2-1-1”. Both the printed materials and “2-1-1” resources are available in English and Spanish. Resources available from Rocky Mountain National Park include: • Assisted listening devices and sign language interpretation are available in alternate languages. • International Visitors have available assistance to “Plan Your Visit Information” in French and German. • The Official Park Newspaper is published in Spanish, Periodico Oficial del Parque. The Town of Estes Park will allocate the necessary resources for LEP outreach. At this time, it anticipates that translation service will not exceed $500 and website enhancement will not exceed $250. As an aside, the Town of Estes Park is a “sister city” with Monteverde, Costa Rica and expects to maintain this connection. Language Assistance Plan A. How Will You Identify LEP Persons Who Need Language Assistance? • Driver Team will be front line for identifying needs. • Visit Estes Park staff will be asked to communicate any comments from visitors requesting alternate language assistance. • Larimer County United Way Resource staff will be asked to communicate any comments from community members requesting alternate language assistance. B. How Will You Identify Language Assistance Measures? • Actively review additional options for providing service. • Respond promptly to requests for language assistance and be aware of the potential to better service alternate language communities. • Availability of “I Speak” card. 40 21 Town of Estes Park Title VI/LEP Plan December, 2017 C. How Will Your Staff Be Trained? • Driver Team training provided with resources to assist Limited English Proficiency riders • Town of Estes Park, Visit Estes Park, and Este Park Partners for Commerce continually are aware of community needs and respond promptly to customer service issues. D. What Will Be Your Outreach Efforts? • Brochure is translated to Spanish and updates will be provided when needed. • Larimer County United Way Resource link and “2-1-1” phone service will provide support with language assistance when needed by transit riders. • Drivers provided with Basic Spanish for Transit Employees, prepared by CDOT, Colorado Mountain College and Roaring Fork Transit Agency. • Visit Estes Park has alternative language resources available if needed. • Town Board of Trustees has been advised of and supports the plan. • Rocky Mountain National Park has extensive outreach for international visitors. E. What Is Your Monitoring and Updating Plan? • On-going feedback from Driver Team will identify any increased demand/incidents of needs information. • Coordinate with Rocky Mountain National Park, Visit Estes Park, and Estes Park Partners for Commerce to monitor changing needs for language assistance. • Update brochure in alternate languages as needed. F. How Will You Disseminate Your LEP Plan? • Copies will be provided to Driver Team Supervisors • Driver Team has Spanish Language Brochures and Handbook. 41 22 Town of Estes Park Title VI/LEP Plan December, 2017 Appendix A – Siting Equity Analysis TITLE VI EQUITY ANALYSIS The project funded through the Sarbanes Transit in Park Program was for the construction of a Transportation Hub at the Town of Estes Park Visitor Center. This Hub includes a 415-space transit parking intercept lot to support transit service between the Town of Estes Park (a gateway community) and Rocky Mountain National Park (ROMO). This project is an expansion or enhancement of an existing alternative transportation system. The site is currently the location of the Town of Estes Park Visitor Center. The location is near the intersection of US 34/36 just before the highway turns onto East Elkhorn, the main arterial for persons traveling to the downtown commercial business district, and is the connecting access road to ROMO. This location was selected without regard to race, color, or national origin. No residential areas are impacted by this location. Residents had multiple opportunities to comment on the location during the public participation sessions held in conjunction with the Estes Valley Transportation Alternatives Feasibility Study (2003) and the Integrated Approach to Transportation and Visitor Use Management Plan (2010) completed by the ROMO. There was also a three day workshop to provide public input using Schematic Design Charette techniques. This outreach engaged community members and organizations potentially impacted by the siting of the facility. Because of the existing use as a transportation hub and the unique location of this site to intercept traffic, no other sites were actively considered. Based on the current use and ability to expand on the existing footprint of the Town of Estes Park Visitor Center, no cumulative adverse impacts will result from the location of this expanded facility. This location does not result in a disparate impact on the basis of race, color, or national origin. There is a substantial legitimate justification for locating the project at this site given the existing use, the ability to intercept automobile traffic, and is a non-discriminatory alternative. 42 23 Town of Estes Park Title VI/LEP Plan December, 2017 Appendix B – Title VI Complaint Form Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” Note: The following information is necessary to assist us in processing your complaint. Should you require any assistance in completing this form, please let us know. Complete and return this form to the Town of Estes Park, Shuttle Coordinator, Brian Wells, 170 MacGregor Avenue, PO Box 1200, Estes Park, CO 80517 Complainant’s Name Address City, State and Zip Code Telephone (Home): Telephone (Work): Email Address: Person discriminated against (if someone other than the complainant) Name Address City, State and Zip Code Which of the following best describes the reason you believe the discrimination took place? Race Color National Origin What date did the alleged discrimination take place? In your own words, describe the alleged discrimination. Explain what happened and whom you believe was responsible. Please use the back of this form if additional space is required. 43 24 Town of Estes Park Title VI/LEP Plan December, 2017 Have you filed this complaint with any other federal, state, or local agency; or with any federal or state court? Yes No If so, which agency (check all that apply) Federal agency Federal Court State Agency State Court Local Agency Please provide information about a contact person at the agency/court where the complaint was filed. Name Address City, State and Zip Code Telephone Number You may attach any written materials or other information that you think is relevant to your complaint. Please sign and date below: Complainant’s Signature Date 44 25 Town of Estes Park Title VI/LEP Plan December, 2017 Please submit this form in person at the address below, by email, or mail this form to: Attn: Shuttle Coordinator Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 shuttlecoordinator@estes.org 45 26 Town of Estes Park Title VI/LEP Plan December, 2017 Appendix C List of Transit-Related Title VI Investigations, Complaints and Lawsuits Currently, the Town of Estes Park has had no active investigations, lawsuits, or complaints relative to Title VI including Limited English Proficiency. Date (Month, Day, Year) Summary (include basis of complaint: race, color, or national origin) Status Action(s) Taken Investigations 1) 2) 3) Lawsuits 1) 2) 3) Complaints 1) 2) 3) 46 Public Works Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jon Landkamer Facilities Manager Date: December 7, 2017 RE: Fish Hatchery Workforce Housing Exclusive Negotiation Agreement Objective: Formalize negotiations with AmericaWest and Prairie Fire Development Group to plan, design, implement, and build workforce housing on the 75 acre, Town owned, Fish Hatchery property. The Developer will be directed to create a Collaborative Community Effort (CCE) in this process, with the intent of making a significant impact in the local workforce housing inventory. The CCE will create a development at Fish Hatchery that will provide opportunities for more people to live and work in our community. The focus for this housing market is 60% to 150% of the Average Median Income (AMI). Present Situation: The most recent Estes Park Area Housing Needs Assessment (2016) identified the need for approximately 1600 additional units in the Valley for workforce housing. The Fish Hatchery Property currently has four Town staff rental units, several storage buildings, the O’Connor Pavilion, and the Hydroplant Museum buildings that are actively used on the property. It is largely undeveloped and has great potential for significant improvement. The property is adjacent to Rocky Mountain National Park on the south and west sides, with Aspenglen Campground immediately to the west. Discussions have already begun with our RMNP neighbors and the Estes Valley Land Trust on the impact this project could have on surrounding open space. Proposal: Formalize negotiations with AmericaWest Housing Solutions and Prairie Fire Development Group through the Exclusive Negotiation Agreement, to plan, design, implement, and build workforce housing on the Fish Hatchery property. Advantages:  Increase the number of available housing units in the 60% to 150% AMI range for workforce housing.  The project will be a recruitment and retention tool for community staffing needs. 47  Utilizes a large parcel that is mostly vacant, and is unlikely to be developed solely for Town of Estes Park use.  Extends infrastructure closer to the boundary of Town limits.  Increased population in the area will increase the use of the Hydroplant Museum and the areas amenities.  Completes another section of the proposed Fall River Trail and solidifies our connection to RMNP. Disadvantages:  However, there will be impacts to the surrounding neighborhood and RMNP, with increased traffic and noise.  However, the subdividing and rezoning of the property will forever change it’s usage and the potential for Town of Estes Park government uses. Action Recommended: The action recommended, is to approve the Exclusive Negotiation Agreement with AmericaWest Housing Solutions and Prairie Fire Development Group on the development of workforce housing solutions for the Fish Hatchery property. Finance/Resource Impact: Estimate of Owner’s Representative and Legal Services: 2017 101-1700-417.22-98 $25,000 2018 101-1700-417.22-98 $20,000 Level of Public Interest High: Workforce housing has been the recent topic of community discussion and also the subject of a recent League of Women Voters forum. Sample Motion: I move for the approval/denial of the Exclusive Negotiation Agreement to formalize negotiations with AmericaWest Housing Solutions and Prairie Fire Development Group for the development of the Town owned Fish Hatchery properties. Attachments: Fish Hatchery Exclusive Negotiation Agreement 48 EXCLUSIVE NEGOTIATION AGREEMENT THIS EXCLUSIVE NEGOTIATION AGREEMENT (the "Agreement") dated ____________, 2017, is made by and between the TOWN OF ESTES PARK, COLORADO, a body corporate and politic of the State of Colorado (the "Town”) and AmericaWest Housing Solutions and Prairie Fire Development Group (the "Developer"), which may be referred to individually herein as a “Party” or collectively herein as the “Parties.” In consideration of the following mutual covenants and other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Development Project. Pursuant to a competitive bidding procedure established by the Town, the Developer submitted a proposal dated July 14, 2017 (“Proposal”), concerning the redevelopment of the real property that is depicted on the attached map, labeled Exhibit A, and incorporated herein by this reference, and which includes the existing Town owned structures on Fish Hatchery Road (the "Property"). The Proposal provides for the redevelopment of the Property to deliver Workforce Housing for Estes Valley. The Parties acknowledge that the Proposal is conceptual and a starting point for negotiations. Such Property and Proposals described in Section 1 above shall be referred to collectively in this Agreement as the "Project." The Town acknowledges that the Developer, in entering into this agreement, will be seeking significant financial participation as indicated in their Proposal. Further, both parties agree that the information in the Proposal is based on a conceptual design that is subject to change and is merely a starting point for negotiations and nothing in this Agreement is commitment by the Town to such financial participation. On November 14, 2017, the RFP Review Committee, appointed by the Town of Estes Park, Board of Trustees (“Town Board”) recommended the Developer as the Town’s "preferred developer" with which to enter into an exclusive negotiation agreement for redevelopment of the Property as described above as the Project. Such selection and the execution of this Agreement shall not be deemed acceptance of the Proposal or the Developer by the Town. The Project shall not be deemed accepted until the Parties execute a mutually agreeable Disposition and Re- Development Agreement (the "DRA"), which may differ substantially from the Project; provided, however, failure of the Parties to agree upon a material revision or alteration of the Project, without more, shall not constitute a violation of this Agreement, including the obligation of the Parties to negotiate in good faith to continue to negotiate the DRA. 49 2. Exclusive Negotiations. The Parties agree that for a period beginning on December 12, 2017 and expiring on December 12, 2018 (the "Negotiation Period"), they will negotiate exclusively and in good faith with one another in an effort to reach a mutually acceptable DRA. The Negotiation Period may be extended only by written amendment of this Agreement authorized and executed by the Parties. 3. Deposit. Upon execution of this Agreement, the Developer shall deliver to the Town a good faith deposit of Ten Thousand Dollars ($10,000) in the form of a company check (the "Deposit"). The Deposit shall be held by the Town during the term of this Agreement and all extensions. The Town shall retain the Deposit in an interest bearing account. All interest earned on the Deposit shall be added to and become part of the Deposit. If, in spite of the Parties' best efforts and good faith negotiations, they are unable to agree upon a mutually acceptable DRA, the Deposit, and all interest earned thereon, shall be promptly returned to the Developer by the Town. In the event the Developer breaches this Agreement by failing or refusing to meet at reasonable intervals or in accordance with a mutually established schedule to negotiate with the Town's representatives or if the Developer otherwise fails to negotiate in good faith (collectively, “Deposit Retention Events”), the Town shall retain the Deposit, and all interest earned thereon, as liquidated damages. It shall be the responsibility of the Developer to provide the Town with a proposed schedule of meetings. 4. DRA Timeline. The Parties shall negotiate and agree to the following timeline by March 1, 2018, for the development of the DRA: DATE ITEM TBD Effective date of this Agreement TBD Preliminary site plan that includes the location of various elements of the Project, including the water storage tank and any new or relocated infrastructure TBD Preliminary pro forma and construction budget and definition of the Project site TBD Complete preliminary term sheet that includes the major terms and conditions, including, financing, for the DRA; Complete first draft of the DRA to be brought before Town Board for review and consideration. 50 3 5. Developer's Duties and Covenants. The Developer warrants and covenants as follows: a. Developer inspected and is reasonably familiar with the general character and location of the Property. For purposes of this section, Developer assumes all areas of land have not had a Phase 2 environmental study performed. The Town will provide the Developer with all available documentation regarding the environmental conditions, including all actions taken by the Town to abate, remediate and/or cure any known environmental conditions. b. The Developer understands and acknowledges that the Property is subject to certain legal requirements, including the Estes Valley Development Code, as amended, and all applicable law. The Parties will jointly seek reasonable modifications to any such requirements that may be required by the terms of the final DRA, as agreed upon by the Parties. c. Developer hereby certifies to the best of Developer’s actual knowledge that it possesses the legal ability, and the ability to obtain, adequate financing to develop the Property by constructing the improvements contemplated by the Proposal. Subject to normal financing contingencies and market conditions, the Developer knows of no reason or circumstance that will preclude its ability to obtain adequate financing. This warranty by Developer is subject to the Project not materially deviating from the current Proposal. d. The Developer will disclose to the Town, prior to the execution of the DRA, its principals, officers, stock holders, partners, joint venturers, members, guarantors, and other interested persons that will be involved in the ownership of the special purpose entity(ies) that will develop, own and operate the real property and improvements located thereon of the Project. The Town acknowledges and agrees that the ownership composition of such entities have not been finalized. e. As part of the Developer's obligations under this Agreement, the Developer shall reasonably cooperate with the Town, it’s owner’s representatives, attorneys, legal advisers, consultants, Town staff and others involved in the negotiation of the DRA. f. The Developer shall submit to the Town periodic reports as reasonably requested by the Town, regarding the progress of studies, reports, plans, designs and other activities that affect the negotiation of the DRA. Reports made by the Developer at scheduled meetings shall satisfy this Agreement. g. The Developer shall provide, at its own expense, the professional services necessary to complete the preliminary site design and conceptual rendering for the Project (“Professional Expenses”), in a form reasonably satisfactory to the Town. 51 4 h. The Developer shall provide tenant commitment(s) for the retail space, at terms that are reasonably satisfactory to the Town. Developer agrees to provide market comparable to the Town in an effort to verify market rates. i. The Developer shall provide, market studies (“Market Studies”) that demonstrate rental and housing demand, in a form reasonably acceptable to the Town. j. The Developer shall complete, at its own expense, site design and conceptual design renderings for the Project, in a form reasonably acceptable to the Town. k. The Developer agrees to engage in a Collaborative Community Effort (CCE) as outlined in the Developer RFP. 6. Town Duties and Covenants. The Town represents, warrants, and covenants as follows: a. To provide current and future site data in the Town’s possession, including maps and civil surveys, required to complete the preliminary Project site design and concept design, full utility and parcel maps, and title work on those portions of the Property to be conveyed; b. Access to and prioritization of the Town’s internal design review team. c. The Town agrees to dedicate sufficient staff to ensure timely input and review of conceptual design renderings. d. The Town agrees to make available space for meetings at no cost to the Developer, to provide all available documents related to the project site, and other information as necessary. e. The Town acknowledges that it has no claim to any work product including, but not limited to; site design, conceptual renderings, and Market Studies. In the event that the parties fail to reach an agreement, the Town is not entitled to use any work product without prior agreement from the Developer. f. During the term of this Agreement, the Town may request certain deliverables (i.e. Phase 2 environmental studies, surveys, specific market reports, etc.) the Town deems necessary to continue negotiation with the Developer. The Parties shall agree in writing as to the individual deliverable is subject to the terms of this Paragraph. In the event that this Agreement is terminated or the Parties fail to execute the negotiated DRA, the Town shall reimburse the Developer for Developer’s costs in preparation of the designated deliverable. 52 5 7. Developer and Town Duties. The Developer and the Town agree to complete the following no later than the close of business on , 2017, subject to the Project timeline set forth in Section 3 above: a. A term sheet describing the terms and conditions of the DRA; b. The first draft of the DRA to be brought before Town Board for review and consideration; c. Subject to further change and revision as the Project progresses, The Project budget and redevelopment pro-forma; and d. To dedicate staff as needed to complete a term sheet and DRA as set forth in this Agreement, including bi-weekly meetings at the Town beginning , 2017 through the completion of the draft DRA. 8. Access to Property. At any reasonable time, the Developer, its employees, agents or contractors may enter upon the Property at the sole risk of the Developer for the purpose of making inspections or conducting such reasonable tests, investigations, studies, audits, surveys and reviews and for the purpose of removing samples from the Property in connection with the design and construction of the Project. Immediately after such entry on the Property, the Developer shall restore the Property to substantially the same condition it was in prior to such entry. The Developer shall indemnify and hold harmless the Town, and Town Board members, employees, agents, consultants, insurance provider and attorneys for any loss, damage or claims of any loss or damage (including reasonable legal fees) resulting from any such entry, tests and surveys. The Town may require the Developer and any other person seeking such entry to sign reasonable and customary license agreements and other documents confirming the terms of this provision. 9. Indemnification. The Developer shall indemnify and hold harmless the Town, its officials, officers, employees, agents, and insurance provider for and against any loss, damage, or claims of any loss or damage, including reasonable legal fees, resulting from any action, representation, commitment or activity of the Developer in connection with the proposed redevelopment of the Property. 10. No Assignment. This Agreement may not be assigned, in whole or in part, by either Party without the prior written consent of the other Party. The Town recognizes that the Developer intends to form separate, special purpose entity(ies) to develop, own and operate real property and the improvements thereon of the Project, and that assignments may be required in connection with such activities. Approval of any such assignment(s) shall not be unreasonably withheld by the Town. 53 6 11. Covenant Against Contingent Fees and Costs. The Town shall not be liable for any fees or costs, including real estate commissions or brokerage fees, or costs of studies, reports, or other documents that may arise as a consequence of any transaction involving this Agreement or the Property or any part thereof. The Parties represent that neither has engaged a broker, agent or finder in connection with this Agreement or in connection with the sale and transfer of the Property or any part thereof. 12. Town not a Partner. Notwithstanding any language in this Agreement or any other agreement, representation or warranty to the contrary, the Town shall not be deemed to be a partner or joint venturer of the Developer, or any operator or manager of the Project, and the Town shall not be responsible for any debt or cost of the Developer except as specified in Section 6.f. 13. Defaults; Remedies. Upon a default by the other Party, and provided that such Party has not cured the default within twenty (20) days of the receiving written notice thereof, the remedies of the respective Parties under this Agreement shall be as follows: a. If the Developer fails to substantially observe or perform any covenant, obligation or agreement required under this Agreement, the sole and exclusive remedy of the Town shall be to cancel and rescind the Agreement subject to the Town’s right to retain the Deposit as specified in Section 3. b. If the Town fails to substantially observe or perform any covenant, obligation or agreement required under this Agreement, Developer shall be entitled to cancel and rescind the Agreement. The Developer shall not be entitled to any other legal or administrative remedy, action or proceeding including, without limitation, the right to seek damages, specific performance, or to seek any other right or remedy at law or in equity. The Developer shall be responsible for bearing all of its costs and expenses, direct or indirect, in connection with the Project, this Agreement or the DRA except as specified in Section 6.f. 14. No Other Rights or Remedies. Notwithstanding any language in the Agreement or any other Agreement, document or communication to the contrary, the Project shall not be deemed accepted by the Parties until the DRA is executed by both Parties. The rights and remedies of the Parties are specifically limited to those set forth in this Agreement and no rights to specific enforcement or in the nature of equitable conversion will be deemed to have been created with respect to the Project, the Property or otherwise. 15. Non-liability for Certain Persons. No Town Board member, employee, agent, consultant, underwriter, insurance provider, or attorney of the Town shall be personally liable to the Developer under this Agreement or in the event of any default or breach by the Town under this Agreement. 54 7 16. Conflicts of Interest. None of the following shall have any personal interest, direct or indirect, in this Agreement: a member of the governing body or an employee of the Town who exercises responsibility concerning the Project, or an individual or firm retained by the Town, who has performed or will perform consulting or legal services in connection with the Project. Nor shall any of the above persons or entities make any decisions relating to this Agreement that affect his or her personal interest or the interest of any corporation, partnership or association in which he or she is directly or indirectly interested. 17. Notices. A notice or demand under this Agreement by any Party to the other shall be in writing and sufficiently given if delivered in person or via overnight courier service with guaranteed next-day delivery or by certified mail, return receipt required, postage prepaid, and; a. in the case of the Developer, is addressed or delivered to the Developer as follows: AmericaWest Housing Solutions Attn: Mr. Keith Meier P.O. Box 9024 Woodland Park, CO 80866 Prairie Fire Development Group Attn: Mr. Kelley Hrabe 401 Charlotte Street Kansas City, MO 64106 b. in the case of the Town, is addressed or delivered to the Town as follows: Town Administrator Town of Estes Park PO Box 1200 Estes Park, CO 80517 with a copy to: Town Attorney Mr. Greg White 1423 W. 29th Street Loveland, CO 80538 55 8 or at such other address with respect to any such Party as that Party may, from time to time, designate in writing and forward to the other as provided in this Section. 18. Authorized Contacts for Communications. The Developer and the Town agree that each shall designate one individual as a point of contact for all communications pursuant to this Agreement. The Town designates Jon Landkamer, Public Works Facilities Manager, as its contact and the Developer designates Keith Meier as its contact. 19. Applicable Law and Venue. The laws of the State of Colorado shall govern the interpretation and enforcement of this Agreement and exclusive venue shall be in the Larimer County District Court. 20. Confidentiality. Pursuant to the Colorado Open Records Act, C.R.S. §§ 24-72-201 et seq. (“Act”), all information provided to the Town is subject to public disclosure unless it meets one of the exceptions set forth in the Act. To avoid disclosure of trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data (“Confidential Information”), the Developer must clearly mark all Confidential Information as such and provide a written, detailed justification to the Town of the protected nature of the Confidential Information under Colorado law. This justification must address, at a minimum, the specific competitive harm that may result from any disclosure, the intrinsic value of the Confidential Information to the Developer, and any safeguards the Developer uses to protect the Confidential Information from disclosure. By executing this Agreement, the Developer agrees to hold the Town harmless from any claim arising from the release of Confidential Information not clearly marked as such by the bidder or lacking written, detailed justification supported by Colorado law. IN WITNESS WHEREOF, the Town and the Developer have caused this Agreement to be duly executed as of the day first above written. DEVELOPER: AmericaWest Housing Solutions By:_________________________________ Mr. Keith Meier 56 9 Prairie Fire Department Group By:__________________________________ Mr. Kelley Hrabe TOWN: Town of Estes Park, Colorado By: Mayor ATTEST: Town Clerk 57 10 Exhibit A 58 Public Works Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jon Landkamer Facilities Manager Date: December 7, 2017 RE: Dry Gulch Workforce Housing Exclusive Negotiation Agreement Objective: Formalize negotiations with AmericaWest and Prairie Fire Development Group to plan, design, implement, and build workforce housing on the 3.5 acre, Town owned, Dry Gulch property. The Developer will be directed to create a Collaborative Community Effort (CCE) in this process, with the intent of making a significant impact in the local workforce housing inventory. The CCE will create a development at Dry Gulch that will provide opportunities for more people to live and work in our community. The focus for this housing market is 60% to 150% of the Average Median Income (AMI). Present Situation: The most recent Estes Park Area Housing Needs Assessment (2016) identified the need for approximately 1600 additional units in the Valley for workforce housing. The Dry Gulch Property currently undeveloped and is immediately adjacent to Crossroads Ministry. Proposal: Formalize negotiations with AmericaWest Housing Solutions and Prairie Fire Development Group through the Exclusive Negotiation Agreement, to plan, design, implement, and build workforce housing on the Dry Gulch property. Advantages:  Increase the number of available housing units in the 60% to 150% AMI range for workforce housing.  The project will be a recruitment and retention tool for community staffing needs.  Utilizes a parcel that is vacant, and is unlikely to be developed solely for Town of Estes Park use.  The project may also help Crossroads expand their operation by adding much needed warehouse space. 59 Disadvantages:  However, there will be impacts to the surrounding neighborhood, with increased population and traffic.  However, the subdividing and rezoning of the property will forever change it’s usage and the potential for Town of Estes Park government uses. Action Recommended: The action recommended, is to approve the Exclusive Negotiation Agreement with AmericaWest Housing Solutions and Prairie Fire Development Group on the development of workforce housing solutions for the Dry Gulch property. Finance/Resource Impact: Estimate of Owner’s Representative and Legal Services: 2017 101-1700-417.22-98 $5,000 2018 101-1700-417.22-98 $5,000 Level of Public Interest High: Workforce housing has been the recent topic of community discussion and also the subject of a recent League of Women Voters forum. Sample Motion: I move for the approval/denial of the Exclusive Negotiation Agreement to formalize negotiations with AmericaWest Housing Solutions and Prairie Fire Development Group for the development of the Town owned Fish Hatchery properties. Attachments: Dry Gulch Exclusive Negotiation Agreement 60 EXCLUSIVE NEGOTIATION AGREEMENT THIS EXCLUSIVE NEGOTIATION AGREEMENT (the "Agreement") dated ____________, 2017, is made by and between the TOWN OF ESTES PARK, COLORADO, a body corporate and politic of the State of Colorado (the "Town”) and AmericaWest Housing Solutions and Prairie Fire Development Group (the "Developer"), which may be referred to individually herein as a “Party” or collectively herein as the “Parties.” In consideration of the following mutual covenants and other good and valuable consideration, the sufficiency and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Development Project. Pursuant to a competitive bidding procedure established by the Town, the Developer submitted a proposal dated July 14, 2017 (“Proposal”), concerning the redevelopment of the real property that is depicted on the attached map, labeled Exhibit A, and incorporated herein by this reference, and which includes the existing Town owned structures on Dry Gulch Road (the "Property"). The Proposal provides for the redevelopment of the Property to deliver Workforce Housing for Estes Valley. The Parties acknowledge that the Proposal is conceptual and a starting point for negotiations. Such Property and Proposals described in Section 1 above shall be referred to collectively in this Agreement as the "Project." The Town acknowledges that the Developer, in entering into this agreement, will be seeking significant financial participation as indicated in their Proposal. Further, both parties agree that the information in the Proposal is based on a conceptual design that is subject to change and is merely a starting point for negotiations and nothing in this Agreement is commitment by the Town to such financial participation. On November 14, 2017, the RFP Review Committee, appointed by the Town of Estes Park, Board of Trustees (“Town Board”) recommended the Developer as the Town’s "preferred developer" with which to enter into an exclusive negotiation agreement for redevelopment of the Property as described above as the Project. Such selection and the execution of this Agreement shall not be deemed acceptance of the Proposal or the Developer by the Town. The Project shall not be deemed accepted until the Parties execute a mutually agreeable Disposition and Re- Development Agreement (the "DRA"), which may differ substantially from the Project; provided, however, failure of the Parties to agree upon a material revision or alteration of the Project, without more, shall not constitute a violation of this Agreement, including the obligation of the Parties to negotiate in good faith to continue to negotiate the DRA. 61 2. Exclusive Negotiations. The Parties agree that for a period beginning on December 12, 2017 and expiring on December 12, 2018 (the "Negotiation Period"), they will negotiate exclusively and in good faith with one another in an effort to reach a mutually acceptable DRA. The Negotiation Period may be extended only by written amendment of this Agreement authorized and executed by the Parties. 3. Deposit. Upon execution of this Agreement, the Developer shall deliver to the Town a good faith deposit of Ten Thousand Dollars ($10,000) in the form of a company check (the "Deposit"). The Deposit shall be held by the Town during the term of this Agreement and all extensions. The Town shall retain the Deposit in an interest bearing account. All interest earned on the Deposit shall be added to and become part of the Deposit. If, in spite of the Parties' best efforts and good faith negotiations, they are unable to agree upon a mutually acceptable DRA, the Deposit, and all interest earned thereon, shall be promptly returned to the Developer by the Town. In the event the Developer breaches this Agreement by failing or refusing to meet at reasonable intervals or in accordance with a mutually established schedule to negotiate with the Town's representatives or if the Developer otherwise fails to negotiate in good faith (collectively, “Deposit Retention Events”), the Town shall retain the Deposit, and all interest earned thereon, as liquidated damages. It shall be the responsibility of the Developer to provide the Town with a proposed schedule of meetings. 4. DRA Timeline. The Parties shall negotiate and agree to the following timeline by March 1, 2018, for the development of the DRA: DATE ITEM TBD Effective date of this Agreement TBD Preliminary site plan that includes the location of various elements of the Project, including the water storage tank and any new or relocated infrastructure TBD Preliminary pro forma and construction budget and definition of the Project site TBD Complete preliminary term sheet that includes the major terms and conditions, including, financing, for the DRA; Complete first draft of the DRA to be brought before Town Board for review and consideration. 62 3 5. Developer's Duties and Covenants. The Developer warrants and covenants as follows: a. Developer inspected and is reasonably familiar with the general character and location of the Property. For purposes of this section, Developer assumes all areas of land have not had a Phase 2 environmental study performed. The Town will provide the Developer with all available documentation regarding the environmental conditions, including all actions taken by the Town to abate, remediate and/or cure any known environmental conditions. b. The Developer understands and acknowledges that the Property is subject to certain legal requirements, including the Estes Valley Development Code, as amended, and all applicable law. The Parties will jointly seek reasonable modifications to any such requirements that may be required by the terms of the final DRA, as agreed upon by the Parties. c. Developer hereby certifies to the best of Developer’s actual knowledge that it possesses the legal ability, and the ability to obtain, adequate financing to develop the Property by constructing the improvements contemplated by the Proposal. Subject to normal financing contingencies and market conditions, the Developer knows of no reason or circumstance that will preclude its ability to obtain adequate financing. This warranty by Developer is subject to the Project not materially deviating from the current Proposal. d. The Developer will disclose to the Town, prior to the execution of the DRA, its principals, officers, stock holders, partners, joint venturers, members, guarantors, and other interested persons that will be involved in the ownership of the special purpose entity(ies) that will develop, own and operate the real property and improvements located thereon of the Project. The Town acknowledges and agrees that the ownership composition of such entities have not been finalized. e. As part of the Developer's obligations under this Agreement, the Developer shall reasonably cooperate with the Town, it’s owner’s representatives, attorneys, legal advisers, consultants, Town staff and others involved in the negotiation of the DRA. f. The Developer shall submit to the Town periodic reports as reasonably requested by the Town, regarding the progress of studies, reports, plans, designs and other activities that affect the negotiation of the DRA. Reports made by the Developer at scheduled meetings shall satisfy this Agreement. g. The Developer shall provide, at its own expense, the professional services necessary to complete the preliminary site design and conceptual rendering for the Project (“Professional Expenses”), in a form reasonably satisfactory to the Town. 63 4 h. The Developer shall provide tenant commitment(s) for the retail space, at terms that are reasonably satisfactory to the Town. Developer agrees to provide market comparable to the Town in an effort to verify market rates. i. The Developer shall provide, market studies (“Market Studies”) that demonstrate rental and housing demand, in a form reasonably acceptable to the Town. j. The Developer shall complete, at its own expense, site design and conceptual design renderings for the Project, in a form reasonably acceptable to the Town. k. The Developer agrees to engage in a Collaborative Community Effort (CCE) as outlined in the Developer RFP. 6. Town Duties and Covenants. The Town represents, warrants, and covenants as follows: a. To provide current and future site data in the Town’s possession, including maps and civil surveys, required to complete the preliminary Project site design and concept design, full utility and parcel maps, and title work on those portions of the Property to be conveyed; b. Access to and prioritization of the Town’s internal design review team. c. The Town agrees to dedicate sufficient staff to ensure timely input and review of conceptual design renderings. d. The Town agrees to make available space for meetings at no cost to the Developer, to provide all available documents related to the project site, and other information as necessary. e. The Town acknowledges that it has no claim to any work product including, but not limited to; site design, conceptual renderings, and Market Studies. In the event that the parties fail to reach an agreement, the Town is not entitled to use any work product without prior agreement from the Developer. f. During the term of this Agreement, the Town may request certain deliverables (i.e. Phase 2 environmental studies, surveys, specific market reports, etc.) the Town deems necessary to continue negotiation with the Developer. The Parties shall agree in writing as to the individual deliverable is subject to the terms of this Paragraph. In the event that this Agreement is terminated or the Parties fail to execute the negotiated DRA, the Town shall reimburse the Developer for Developer’s costs in preparation of the designated deliverable. 64 5 7. Developer and Town Duties. The Developer and the Town agree to complete the following no later than the close of business on , 2017, subject to the Project timeline set forth in Section 3 above: a. A term sheet describing the terms and conditions of the DRA; b. The first draft of the DRA to be brought before Town Board for review and consideration; c. Subject to further change and revision as the Project progresses, The Project budget and redevelopment pro-forma; and d. To dedicate staff as needed to complete a term sheet and DRA as set forth in this Agreement, including bi-weekly meetings at the Town beginning , 2017 through the completion of the draft DRA. 8. Access to Property. At any reasonable time, the Developer, its employees, agents or contractors may enter upon the Property at the sole risk of the Developer for the purpose of making inspections or conducting such reasonable tests, investigations, studies, audits, surveys and reviews and for the purpose of removing samples from the Property in connection with the design and construction of the Project. Immediately after such entry on the Property, the Developer shall restore the Property to substantially the same condition it was in prior to such entry. The Developer shall indemnify and hold harmless the Town, and Town Board members, employees, agents, consultants, insurance provider and attorneys for any loss, damage or claims of any loss or damage (including reasonable legal fees) resulting from any such entry, tests and surveys. The Town may require the Developer and any other person seeking such entry to sign reasonable and customary license agreements and other documents confirming the terms of this provision. 9. Indemnification. The Developer shall indemnify and hold harmless the Town, its officials, officers, employees, agents, and insurance provider for and against any loss, damage, or claims of any loss or damage, including reasonable legal fees, resulting from any action, representation, commitment or activity of the Developer in connection with the proposed redevelopment of the Property. 10. No Assignment. This Agreement may not be assigned, in whole or in part, by either Party without the prior written consent of the other Party. The Town recognizes that the Developer intends to form separate, special purpose entity(ies) to develop, own and operate real property and the improvements thereon of the Project, and that assignments may be required in connection with such activities. Approval of any such assignment(s) shall not be unreasonably withheld by the Town. 65 6 11. Covenant Against Contingent Fees and Costs. The Town shall not be liable for any fees or costs, including real estate commissions or brokerage fees, or costs of studies, reports, or other documents that may arise as a consequence of any transaction involving this Agreement or the Property or any part thereof. The Parties represent that neither has engaged a broker, agent or finder in connection with this Agreement or in connection with the sale and transfer of the Property or any part thereof. 12. Town not a Partner. Notwithstanding any language in this Agreement or any other agreement, representation or warranty to the contrary, the Town shall not be deemed to be a partner or joint venturer of the Developer, or any operator or manager of the Project, and the Town shall not be responsible for any debt or cost of the Developer except as specified in Section 6.f. 13. Defaults; Remedies. Upon a default by the other Party, and provided that such Party has not cured the default within twenty (20) days of the receiving written notice thereof, the remedies of the respective Parties under this Agreement shall be as follows: a. If the Developer fails to substantially observe or perform any covenant, obligation or agreement required under this Agreement, the sole and exclusive remedy of the Town shall be to cancel and rescind the Agreement subject to the Town’s right to retain the Deposit as specified in Section 3. b. If the Town fails to substantially observe or perform any covenant, obligation or agreement required under this Agreement, Developer shall be entitled to cancel and rescind the Agreement. The Developer shall not be entitled to any other legal or administrative remedy, action or proceeding including, without limitation, the right to seek damages, specific performance, or to seek any other right or remedy at law or in equity. The Developer shall be responsible for bearing all of its costs and expenses, direct or indirect, in connection with the Project, this Agreement or the DRA except as specified in Section 6.f. 14. No Other Rights or Remedies. Notwithstanding any language in the Agreement or any other Agreement, document or communication to the contrary, the Project shall not be deemed accepted by the Parties until the DRA is executed by both Parties. The rights and remedies of the Parties are specifically limited to those set forth in this Agreement and no rights to specific enforcement or in the nature of equitable conversion will be deemed to have been created with respect to the Project, the Property or otherwise. 15. Non-liability for Certain Persons. No Town Board member, employee, agent, consultant, underwriter, insurance provider, or attorney of the Town shall be personally liable to the Developer under this Agreement or in the event of any default or breach by the Town under this Agreement. 66 7 16. Conflicts of Interest. None of the following shall have any personal interest, direct or indirect, in this Agreement: a member of the governing body or an employee of the Town who exercises responsibility concerning the Project, or an individual or firm retained by the Town, who has performed or will perform consulting or legal services in connection with the Project. Nor shall any of the above persons or entities make any decisions relating to this Agreement that affect his or her personal interest or the interest of any corporation, partnership or association in which he or she is directly or indirectly interested. 17. Notices. A notice or demand under this Agreement by any Party to the other shall be in writing and sufficiently given if delivered in person or via overnight courier service with guaranteed next-day delivery or by certified mail, return receipt required, postage prepaid, and; a. in the case of the Developer, is addressed or delivered to the Developer as follows: AmericaWest Housing Solutions Attn: Mr. Keith Meier P.O. Box 9024 Woodland Park, CO 80866 Prairie Fire Development Group Attn: Mr. Kelley Hrabe 401 Charlotte Street Kansas City, MO 64106 b. in the case of the Town, is addressed or delivered to the Town as follows: Town Administrator Town of Estes Park PO Box 1200 Estes Park, CO 80517 with a copy to: Town Attorney Mr. Greg White 1423 W. 29th Street Loveland, CO 80538 67 8 or at such other address with respect to any such Party as that Party may, from time to time, designate in writing and forward to the other as provided in this Section. 18. Authorized Contacts for Communications. The Developer and the Town agree that each shall designate one individual as a point of contact for all communications pursuant to this Agreement. The Town designates Jon Landkamer, Public Works Facilities Manager, as its contact and the Developer designates Keith Meier as its contact. 19. Applicable Law and Venue. The laws of the State of Colorado shall govern the interpretation and enforcement of this Agreement and exclusive venue shall be in the Larimer County District Court. 20. Confidentiality. Pursuant to the Colorado Open Records Act, C.R.S. §§ 24-72-201 et seq. (“Act”), all information provided to the Town is subject to public disclosure unless it meets one of the exceptions set forth in the Act. To avoid disclosure of trade secrets, privileged information, or confidential commercial, financial, geological, or geophysical data (“Confidential Information”), the Developer must clearly mark all Confidential Information as such and provide a written, detailed justification to the Town of the protected nature of the Confidential Information under Colorado law. This justification must address, at a minimum, the specific competitive harm that may result from any disclosure, the intrinsic value of the Confidential Information to the Developer, and any safeguards the Developer uses to protect the Confidential Information from disclosure. By executing this Agreement, the Developer agrees to hold the Town harmless from any claim arising from the release of Confidential Information not clearly marked as such by the bidder or lacking written, detailed justification supported by Colorado law. IN WITNESS WHEREOF, the Town and the Developer have caused this Agreement to be duly executed as of the day first above written. DEVELOPER: AmericaWest Housing Solutions By:_________________________________ Mr. Keith Meier 68 9 Prairie Fire Department Group By:__________________________________ Mr. Kelley Hrabe TOWN: Town of Estes Park, Colorado By: Mayor ATTEST: Town Clerk 69 10 Exhibit A 70 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Randy Hunt, Community Development Director Greg White, Town Attorney Date: December 12, 2017 RE: Appeal of Estes Valley Planning Commission decision on November 14, 2017 of Development Plan 2017-07 (Raven Rock Townhomes) Objective: Review and reach final decision on the Raven Rock Townhomes Development Plan (DP-2017-07) on appeal from the Planning Commission’s denial of same on Nov. 14, 2017 Present Situation: The Raven Rock Townhomes proposed development, if approved and built, would consist of 38 two-family units (19 buildings) on an approx. 10-acre parcel. The parcel is currently vacant (unbuilt) and is located on the northeast side of Mary’s Lake Road across from the Promontory Drive intersection, approx. ¼ mile northwest of the Mary’s Lake Road / State Highway 7 intersection. On Sept. 19, Oct. 17, and Nov. 14, Planning Commission reviewed application materials and related items and held public hearing(s) on two applications in connection with the Raven Rock Project: a Preliminary Plat and a Development Plan. The September and October meetings resulted in votes to continue both items to the following regular Planning Commission meetings. The Raven Rock Townhomes Preliminary Plat is also on the Town Board’s Dec. 12 agenda. This staff memorandum and accompanying items are in connection with the Development Plan. On Nov. 14, the Planning Commission voted (3 in favor of the motion, 2 against, 2 absent) to deny the Development Plan. On Nov. 15, the owner, James R. Mackey, filed a request for appeal of the Planning Commission’s denial with the Town Clerk. A Supplemental Notice of Appeal was filed on Nov. 30 (both are included herein). Per EVDC Sec. 3.8.C.2, the Planning Commission’s Nov. 14 decision is considered “final action”; however, per Sec. 12.1.B. of the EVDC, any “party-in-interest may appeal a final decision made by the Estes Valley Planning Commission pursuant to this 71 Code…” to the Town Board of Trustees or the Board of County Commissioners, depending on jurisdiction. The Raven Rock site is in the Town; thus, an appeal goes to the Town Board in this case. Proposal: Staff reports and exhibits for the three Planning Commission hearing dates are included in this packet; please review these for full background. Minutes from the first two meetings are also included. The Nov. 14 minutes are not written yet, but there is a link at the end of this memo to the audio-video recording for the November Planning Commission meeting. The actual motions for the Raven Rock plat and plan have been transcribed by staff, and the transcription is included. Two additional memorandums were provided to the Planning Commission in the Nov. 14 packets (see pp. 3-10 in the Nov. 14 Planning Commission Staff Report PDF). The two memos, from Community Development Director Hunt and Town Attorney White, were provided partly in response to questions and discussion by Planning Commission and citizens before Nov. 14, concerning the three-way relationship among the Comprehensive Plan, the Development Code, and the Raven Rock Development Plan. Some specific Raven Rock issues are also dealt with in the memos, including groundwater, traffic, visual sensitivity, and wildlife – all of which were discussed in the Planning Commission hearings. The Supplemental Notice of Appeal and the preceding original letter of appeal (included) set forth the applicant’s basis for appeal. The Town Board has four options in deciding and voting on this appeal. They correspond to four possible Board motions, as the Board may see fit. The four options are: 1. Deny the Raven Rock Development Plan as submitted on appeal, finding that it does not meet the Estes Valley Development Code in one or more particulars (the particulars will need to be stated in the motion). (For example, the reason for denial by Planning Commission seems to have been non-compliance with EVDC Sec. 3.8.D.2, which states that “[t]he development plan is consistent with the policies, goals and objectives of the Comprehensive Plan…” However, no specific Comprehensive Plan policies, goals and objectives were cited). 2. Approve the Raven Rock Development Plan as submitted on appeal, finding that it meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards). 3. Approve the Raven Rock Development Plan as submitted on appeal with conditions, finding that it meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards) [with conditions stated in the motion]. (Because development plan reviews are ministerial and not discretionary, any conditions must be grounded in established standards, such as the 72 EVDC, the Town’s Water System Engineering Design Standards, etc. For example, an appropriate development-plan ministerial condition might require that the exact height of a retaining wall be dimensioned on the plan. An example of an inappropriate discretionary condition would be that all buildings be Colonial Georgian architectural design.) 4. Continue the Raven Rock Development Plan to a future date-certain Town Board meeting, with a request for staff to provide specific findings to support approval/denial of the Raven Rock Development Plan. (For example, the motion for continuance should give Staff specific direction on what specific findings need to be provided to support the decision of the Town Board for approval/denial of the Raven Rock Development Plan.) Action Recommended: Staff recommended approval of the Raven Rock Townhomes Development Plan to the Planning Commission in September, again in October, and again in November. Staff stands by this recommendation today on appeal. The record may speak for itself concerning Planning Commission’s decision. Finance/Resource Impact: n/a Level of Public Interest Very high. Sample Motions: I move for the approval of the Raven Rock Development Plan (DP 2017-07) on appeal from the Planning Commission’s denial of same on Nov. 14, 2017, finding that the Development Plan meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards). I move for the approval of the Raven Rock Development Plan (DP 2017-07) on appeal from the Planning Commission’s denial of same on Nov. 14, 2017, finding that the Development Plan meets the Estes Valley Development Code’s requirements for approval per EVDC Chapter 3 (Review Procedures and Standards). The following conditions of approval are included: [cite conditions here, including EVDC section(s) I move for the denial of the Raven Rock Development Plan (DP 2017-07) as submitted on appeal, finding that it does not meet Sec. 3.8.D.2 of the Estes Valley Development Code (Standards for Review: consistency with Comprehensive Plan), including the following particulars: [cite particulars here, including Comprehensive Plan references] 73 I move to continue the Raven Rock Development Plan (DP 2017-07) as submitted on appeal to _________ [date certain], and direct that staff provide additional information prior to that date toward the ability to assess specific findings, as follows: [state needed additional information] Attachments: 1. Supplemental Notice of Appeal from James R. Mackey, dated Nov. 30, 2017 (includes original letter of appeal, dated Nov. 15, 2017) 2. Planning Commission Staff Reports dated September 19, 2017. 3. Planning Commission Staff Reports dated October 17, 2017. 4. Planning Commission Staff Reports dated November 14, 2017. 5. Transcribed motions from November 14th Planning Commission (verbatim) 6. Planning Commission hearing minutes from September 19th 7. Planning Commission hearing minutes from October 17th 8. Audio-video recording for Nov. 14th Planning Commission may be viewed here: https://estesgovtv.viebit.com/player.php?hash=VYetU5GFzRl2 9. The Estes Valley Comprehensive Plan (1996) may be consulted here: www.estes.org/townofestespark/comprehensiveplan 74 丁o: Copies to: F「om: Date: Re二 SUPPLEMENTA」 NOTICE OF APPEAL Jackie W冊amson, Town CIe「k Greg White, Town Attomey Randy Hunt, Communjty DeveIopment Dj「ector James R, Mackey November 3O, 2017 Suppiemental Notjce ofAppeal of the Estes Va=ey Plannjng Commissjon Denial ofthe Raven Rock Townhomes DeveIopment Pian on Novembe「 14, 2017 As the applicant for app「oval of the Raven Rock Townhomes DeveIopment Plan (the ``Prqiect”) and owner of the p「operty which was the subject of the Estes Valley Planning Commission (く`EVPC”) decision to deny the PrQject on November 14, 2017, l appealed the EVPC’s decision On Novembe「 15, 2017 (Copy attached) and file herewith this Supplemental Notice ofAppeai. Acco「ding to Estes Va=ey Deveiopment Code (``EVDC’’) § 3.8.D, the 「ecommending and decision-making entities [i"e・ the Town’s Community Deveiopment Department Staff (く’Staff’) and the EVPC, reSPeCtiveiy] are to evaluate development plan applications according to the fo=owing standards for review: 1. The development plan complies with a= app=cabie standa「ds set forth in this Code;and 2. The development pian is consistent with the po=cies, gOals and oPjectives of the Comp「ehensive Pian and any other 「eievant iand use, Parks and tra=s, CaPital lmPrOVement and other sim=a「 plans. Staff conducted its evaluation, found that the Prqiect complied with the appIicable standards of the EVDC and the goals and policies of the Comp「ehensive Plan (See Page 6 of Staff’s report to the EVPC). After pubiic hea「ings on September 19th, October 17th and November 14th, and after recelVing SPeCific legal advice from the Town Attomey that the Comp「ehensive Plan was not su冊ciently specific to be used as the basis for the EVPC’s decision (See attached Memo to the EVPC dated November 14, 2017), the EVPC approved a motion on November 14th, On a VOte Of 3-2, tO deny the P「Qject’s deveiopment pian application because it “does not meet the Comp Pian standards’’and “wouId set an unacceptabie precedent moving forward.’’ We appeaI the EVPC’s denial ofthe PrQject on the fo=owing g「ounds: A. The EVPC did not cite any poIicy, gOal o「 OPjective ofthe Comp「ehensive P!an that the P「oject faiied to comply with,丁hree members of the EVPC made gene「al refe「ences to their ab冊y to consider the Comp「ehensive Pian and their desire for a different process, but none Cited any p「ovisions of the Comprehensive PIan in their comments 「egarding the Prqiect, nOr WaS any Cited in the motion to deny the Project. This is the very definition of an arbitrary and CaPricious decision. B. The Comp「ehensive PIan was not intended to be 「egulatory. The Comprehensive PIan is the vision and long-term guide forfutu「e deveiopment (See page l-1 ofthe Comprehensive Plan), The poiicies ofthe Comp「ehensjve Plan, When adopted in 1996, PrOVided the 苗amewo「k for p「eparing future 「eguiations.” The Comprehensive Plan specjficaily states that the policies “need to be impiemented th「ough the adoption of 「evised zoning, Subdivision, and RECEIVED NOVEMBER 30, 2017 COMMUNITY DEVELOPMENT 75 development reguIations.’’(See page 6-1) The Comprehensive Plan’s Action Pian included “specjfjc recommended actions fo「 implementing the plan,’’one of which was the adoption of “a unified development code combining zoning and subdivision reguIations,’’(See pages 7-1 and 7-2), According to the Town Attomey’s November 14th memo to the EVPC, COmPrehensive plan P「OVisions must be “drafted with su冊cient exactitude’’in o「der to be used as the basis for a land use decision; the above citations f「om the text of the Comprehensive Plan ciea「Iy indicate that its provisions were not intended to be reguiatory, but rather that its policies be implemented in fufure regulations. C. The Comp「ehensive PIan was implemented with the creation ofthe EVDC in 1999, and the EVDC contains the 「eguIations applicable to deveiopment. As pointed out by the Town Attomey in his memo to the EVPC, the ordinance adopting the EVDC and O怖cial Zoning Map StateS thatくくthe Code and Map a「e intended to impiement the terms of the Estes Vai!ey Comprehensjve Plan, and to repiace and amend existing iand use regulations in the Estes Va=ey, incIuding regu!ations fo「 zoning, Subdivision and deveiopment of land ‥. “ D. The P「Qject compiies with a= app=cable provisions of the EVDC. Afte「 thorough Staff and refer「ai agency 「evjew invoiving numerous qualified consuitants, the Staff found the P亘yect to be in comp=ance with al! app=cabie criteria and reguIations ofthe EVDC, and expiained in its report to the EVPC how compliance with each 「equi「ement was attained by the Pr句ect. None Of the EVPC membe「s cha=enged or disputed the Project’s comp=ance with the requi「ements of the EVDC" ln fact, One EVPC membe「 actua=y acknowiedged that there had been compliance ``with the letter of the Iaw’’and anothe「 stated that the discussion of the PrQject lndi「ectly addressed many of the issues of the Comp Plan.’’ E. The EVPC acted arbitrariIy and cap「iciousIy in denying the P「qject where the reco「d is 「eplete with evidence of compIiance with the EVDC and where the EVPC did not even cite any SeCtions of either the Comp「ehensive Plan or the EVDC to suppo山ts deniai, let aIone fa掴ng to Cite any evidence in the 「ecord to suppor白ts deniaI based on the Comprehensive Plan and the EVDC" in doing so, the EVPC acted with totai dis「egard for estab=shed p「inciples of land use law. 1 request, therefore, that the November 14, 2017 decision ofthe EVPC be ove血med, and that the Raven Rock Townhomes Deveiopment PIan be approved based upon its comp=ance with the applicable p「ovisions of the EVDC and the poiicies, gOals and objectives of the Comprehensive Plan as impiemented in the 「eguiations of the EVDC. 76 November 15, 2017 Dear PIanning Dj「ector Hunt, Please accept踊s Ietter as the appeal to the PIaming Commission’s decision to deny the Raven Rock Development Plan〇十his denial occur「ed by spiit vote (3置2) on November 14, 2017. Ou「 team collectively feels that we meet a= aspects ofthe cu「rent Estes Va=ey Development Code and that the「e were no SPeCific 「easons for the denial given even though the Commission was given that directive prior to the hea「ing on the same day by the Town Attomey. We heard subjective statements of noncompliance with the Comp「ehensive Pian mentioned (OPen meadows, OPen SPaCe and neighborhood compatib冊y… ), but no specifics or 「eason for the deniai eithe「 in the motion o「 jn the dialogue. As you know this is zoned A and across Mary’s Lake Road is also an A zoned p「operty with sim=a「 density,丁herefore, We reSPeC帥iy request that we be piaced on the Town Board’s Agenda for November 28, 2017 fo「 an appeaI to the Development PIan denial decision. We understand that we are already on the agenda for the Preliminary Platwhich we would like to pu「sue a decision f「om the Town Board on as we=. Thank you fo「 your consideration of this request. 隅圏 James Mackey DeveIope「 for the Raven Rock Subdivision and Development Plan 77 Memo To:    Estes Va=ey Planning Commission From:  Randy Hunt, Community Development Director Greg White, Town Attomey Date:   November 14, 2017 RE:   Raven Rock丁ownhomes: Autho「ity of the Comprehensive PIan as it applies to development review of a specific prqject Thjs memorandum is w「itten to address severaI related issues that have arisen with the Raven Rock Townhomes proposal (and in other PIaming Commission discussions during the past year or so), regarding the appiicab冊y of the Estes Va=ey Comprehensive Plan to the review of the Raven Rock Deve10Pment PIan and Pre=minary Plat. Numerous Comprehensive PIan questions have been raised in discussion during the Septembe「 and Octobe「 Plaming Commission hearings on this matte「 and in various emaiIs and other pubIic fo「ums, Some commentary has come in the form of legaI Citations on CoIorado case Iaw. One question has been the reievance of EVDC Sec. 3.8,D, Whjch specifjes Standards for Review of deveiopment pIans. Here is that section in its entirety: D. Standa「ds for Review. The recommending and decision-making entities sha= review development pIan app=cations and a= subm阻ed plans and reports, and evaluate them according to the fo=owing standards: 1.  The deveiopment pIan comp=es with a= app=cabIe standards setforth in this Code; and 2.  The deveiopment plan is consistent with the policies, gOals and objectives Of the Comprehensive Plan and any other reIevant iand use, Pa「ks and traiIs, CaPitaI improvement and othe「 sjmilar pians. (O「d, 17-17,§ 1) The language in the EVDC rega「djng consistency with the Comp「ehensjve PIan is generaIlyfound in most land use codes in CoIo「ado,丁his raises the issue of howto harmonize strict reguiatory codes such as the EVDC with the broader policies, gOaIs and objectjves of the Comprehensive Plan, CoIorado courts have been inconsistent in reconc冊g the advisory nature of COmPrehensive pIans with the regulatory specificity of zoning, Subdivision, and land use COdes. Novembe「 14, 2017 EVPC 時間en Nov. 3, 2017)Pagel of4 78 lt is cIear in CoIorado that comprehensive pian provisions may be considered in the review of individua=and use applications if they are p「operiy incorporated into Iegis看ativeiy adopted zoning or land use deveIopment codes. However, me「e inCO「POration or referencing of a comprehensive p看an in a zoning or land use deveIopment code is not, by itself, Su冊cjent to subject deveIopment app=cations to COmPliance with comprehensjve plan poIicjes葛 Comprehensive plan provisions must be su冊ciently specific ``to ensu「e that any action taken by a county in response to a Iand use proposal w川be rational and consistent and thatjudiciaI review of that action w冊be ava帽bIe and effective … tO PrOVide a看l users and potential use of land with notice of the pa面cular standards and requirements imposed by the county” (Beave「 Meadows v. Boa「d of County Comm’rs, 709 P.2d 928, 936 & n, 6 (CoIo,1985), Cited in Boa「d of County Com’rs v. Conder, 927 P,2d 1339 (1996)), ln order to use comprehensive plan (master plan) po=cies to review individua1 1and use appIications, ``the master pIan p「ovjsions at issue must be drafted with su鮒cient exactitude so that proponents of new development are afforded due p「ocess, the county does not retain unfettered discretion, and the basis for the county-s decision is ciear for PurPOSeS Of reasoned judiciaI review.’’(Conder, Op. Cit,) A review has been made ofthe 1996 Estes Va=ey Comp「ehensive Pian with regard to Whether there are specific statements in the Comprehensive Pian as to its rote in futu「e ZOning and land use regulations and reviews. 丁he Comprehensive Plan contains the fo=owing recommendation: “A unified deveIopment code combining zonjng and subdivision reguIatjons Should be adopted for the [Estes ValIey] study area and u輔zed by both the Town and County for making land use decisions withjn this area,’’(Comprehensive Plan, Chapter 7, Sec. A,l,3, P, 7-2) A unified development code - the Estes VaIIey DeveIopment Code - WaS adopted by both the Town and County in 1999 to comp!y with the Comprehensive Pian’s recommendation, 丁he key aspect in the above section is that the new code shouid be ``u輔zed … fo「 making land use decisions within this area,’’This indicates a cIear intention to implement the Comprehensive Plan by c「eation of the EVDC, in othe「words, the EVDC and the O冊cia看Zoning Map are the instruments fo「 translating Comp Plan goaIs, POlicies, and recommendations into reguIations, This is underscored by the Town Ordinance Ianguage adopting the EVDC and O冊cial Zoning Map in November 1999. The fo=owing is the second sectjon in Ordinance No. 13-99: November 14, 2017 EVPC (W冊en Nov. 3, 2017)Page2 of4 79 WHEREAS, the Code and Map are intended to impIement the terms ofthe Estes Valley Comprehensive Plan, and to repiace and amend exjsting Iand use reguIations in the Estes Valley言ncluding reguIations for zoning, Subdivision and development of iand;,.," The County Resoiution adopting the EVDC and O冊cial Zoning Map contain an almost identical Whereas" section,丁he County adoption took piace at a December 1999 hea血g, Accordingiy, the spec綱c land use regu看ations in the EVDC and the O冊Ciai Zoning Map adopted in 1999 were determined by the two legis看ative bodies (Town Board and County Commissione「s), tO be consistent with the poIicies, gOaIs and objectives of the Comprehensive Plan. Raven Rock Deveiopment Plan and PreIiminary P看at, There a「e two spec桐c re∞mmendations of the Comprehensive PIan which may be relevant to the Raven Rock Deveiopment Plan and Preiiminary Plat. The O冊ciaI Zoning Map was adopted along with the EVDC, and changed zoning designations on many properties in the Estes Vaiiey,丁his new zoning map changed the Raven Rock property from County Business zonjng to Estes Va=ey Accommodations ZOnjng - a less-intense zoning district. That is, the property at issue was do仰zoned in 2000, tO be consistent with the provisions of the Comprehensive Plan. The most geographically specific Comp Plan segments are the Futu「e Land Use Maps (FLUMs) for various areas. The “Mary’s Lake PIanning Sub-Area" Future Land Use Map is one ofthem, Although FLUMs are common features in Comprehensive Plans言t is a bit risky to rely on them for precise guidance -they look Iike, but are not, ZOning maps, With that caveat, however言t is important to note that the FLUM for Mary’s Lake Sub- Area shows the Raven Rock property as “Accommodations", Nearby Iow-density 「esidentiai prope巾es, SuCh as Arapaho Meadows and westem Ca面age Hilis, are Shown as “Rural Estate" or “Residential - PUD". Ai看such designations correspond to the Cu汀ent ZOning map, Which has not changed materially since 2000. 1n these Circumstan∞S言t seems evident that the downzonjng of the Raven Rock property was a direct, ∞nSequent SteP tO imp看ement the Sub-a「ea FLUM for the Maly’s Lake vicinity. ln its continuance of the Raven Rock Deveiopment Plan and Pre=minary Plat, the PIamjng Commission requested infomation regarding visua=y sensitive a「eas and W=d=fe, Visual Sensitivitv: Discussion and comments at the Plaming Commjssion hearings indicate that visua=mpact of deveiopment is an issue fo「 some. it is not cIear to staff Whethe「 “visua=y sensitive" refers to the aesthetics of the development itself (buiIding design, maSSing, SPaCing, etC.), Whether the discussion refers to potentia=nterruption of Views and vistas (e,g., View co而do「s), O「 both, Novembe「 14, 2017 EVPC (Wr枇en Nov. 3, 2017)Page3 of4 80 VisuaI sensitivity in the context of a new development project is not mentjoned in the EVDC, nOr are any SynOnymS fo「 that term. Ou「 Code does refe「 to visua看impact in SeVeral specific areas, SuCh as screening of rooftop HVAC equipment, landscape SC「eening and buffe「ing aIong some property boundaries, and limiting deveIopment on ridgeIines (Raven Rock and vicinity are not ridgeIine areas in EVDC Appendix A). VjsuaI sensitivity appears f「om discussion to be one of the subject areas where interest exists in b「inging the Comprehensive Plan to bear on deveiopment review, For the 「easons explained in this memorandum neither the Comp PIan nor the EVDC contain any specific regulations addressing visual sensitivity. Acco「dingly, the Piaming Commission and goveming bodies have no authority to impose criteria or condjtions di「ectIy dealing with visuaI sensitivity. W冊Iife二The Raven Rock app=cants have provided a wiIdIife conservation study, P「oviding such a study goes above and beyond Code requirements. EVDC Sec. 7,8.F does requjre submittai of a W=d=fe Conservation PIan for sites containing Iand in three SPeCific, limited categories: (a) Endangered o「 threatened species; (b) Big Hom sheep Or thei「 habitat; and (C) rjparian a「eas adjacent to rivers and streams and wetlands identified on maps in Appendix A. None of these three categorleS Pertains to the Raven Rock property. 丁here is an unde「standable emotionaI attachment to the elk popuiation in Estes Va看ley, The voiuntari看y submitted w岨Iife conservation study does not indicate any threat or indeed any impact anticjpated for eIk in the vicinity of Raven Rock. This is a non-issue and cannot Iega=y be made a criterion or condition in the current pIan and plat review, Summary: it is the opinion of Staffthat the Raven Rock Deveiopment Pian and P「eiiminary PIat should not be subject to review by the Piaming Commission for “visual SenSitivity” and/or “w胴Iife mitigation” as those review c「ite「ia a「e not specifica=y addressed by the Comprehensive PIan or the EVDC as review c「iteria fo「the Raven Rock DeveIopment Plan and Pre=minary Plat. Novembe「 14, 2O17 EVPC (Written Nov. 3, 2017)Page4 of4 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. Prepared: October 11, 2017, 2017 * Revised: AGENDA ESTES VALLEY PLANNING COMMISSION October 17, 2017 1:30 p.m. Board Room, Town Hall 1. OPEN MEETING Planning Commissioner Introductions Introduction of Senior Planner Jeffrey Woeber 2. AGENDA APPROVAL 3. PUBLIC COMMENT The EVPC will accept public comments regarding items not on the agenda. Comments should not exceed three minutes. 4. CONSENT AGENDA A. Approval of minutes of September 19, 2017 B. Estes Park Resort – Applicant request to extend deadline for meeting conditions of approval related to the Development Plan approved June 20, 2017. Requested deadline is December 27, 2017 (60 additional days) C. Request by staff to continue the proposed EVDC amendment regarding Outdoor Food Vendors to the November 21, 2017 Planning Commission meeting 5. REZONING OF LOTS 1-4, MARYS LAKE ESTATES FROM RE–Rural Estate TO A-1– Accommodations; 638, 650, 742, & 565 LAKEWOOD COURT Owners: Siegfried & Anne Goetz; Rudy & Hilde Frank; Roy & Michele Johnson; Flandango Properties, LLC Applicants: Siegfried & Anne Goetz; Rudy & Hilde Frank; Roy & Michele Johnson; Flandango Properties, LLC Request: Rezone Lots 1-4, Marys Lake Estates from RE–Rural Estate to A-1– Accommodations. Staff: Planner Gonzales 6. DEVELOPMENT PLAN & PRELIMINARY TOWNHOME SUBDIVISION PLAT; RAVEN ROCK TOWNHOMES; TBD PROMONTORY DRIVE – Continued from September 19, 2017 EVPC meeting Owner : James & Susan Mackey Applicant: James & Susan Mackey Request: Proposed townhome development of 19 duplex buildings, creating 38 single- family townhomes Staff: Planner Gonzales 7. DEVELOPMENT PLAN; FISH CREEK STORAGE; 1901 FISH CREEK ROAD Owner : Chris & Marlys Eshelman Applicant: Chris & Marlys Eshelman Request: Redevelop property by removing existing buildings and constructing two new buildings containing 86 storage units. Existing single-family dwelling will remain. Staff: Planner Gonzales Continued on next page 8. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING BED AND BREAKFAST INNS – Continued from September 19, 2017 EVPC meeting Planner McCool 130 The Estes Valley Planning Commission reserves the right to consider other appropriate items not available at the time the agenda was prepared. 9. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE TO ADD A DEFINITION IN CHAPTER 13 FOR THE TERM “SINGLE-FAMILY USE”, AND TO AMEND TABLE 4-1 TO MATCH THE DEFINED USE. Director Hunt 10. AMENDMENT TO THE ESTES VALLEY DEVELPOMENT CODE SECTIONS 11.4b AND 11.4d TO ELIMINATE APPLICABILITY AND USE OF THE ATTAINABLE HOUSING DENSITY BONUS IN THE RE-1–Rural Estate, RE–Rural Estate, E-1–Estate, E-Estate, R–Residential, & R-2–Two- Family Residential ZONE DISTRICTS Director Hunt 11. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING MAXIMUM RIDGELINE HEIGHT LIMIT FOR STEEPLY SLOPED GABLED & HIPPED ROOF STRUCTURES. Continued from September 19, 2017 EVPC meeting Director Hunt 12. REPORTS A. Staff-Level Reviews B. Estes Valley Board of Adjustment 1. 507 Grand Estates Variance – Fred Kropp/Applicant - Denied October 3, 2017 2. 521 Grand Estates Variance – Docter Residence – Approved October 3, 2017 B. Estes Park Town Board 1. EVDC Code Amendment regarding Preferred Plant List – Approved September 26, 2017 C. Larimer County Board of County Commissioners 1. EVDC Code Amendment regarding Preferred Plant List – Approved September 18, 2017 D. Community Development Update 1. Vacation Home Update 2. Downtown Plan Update E. Other 13. ADJ OURN 131 ESTES VALLEY PLANNING COMMISSION MEETING DATE & LOCATION: October 17, 2017, 1:30PM; Board Room, Town Hall, 170 MacGregor Avenue APPLICANT REQUEST: Approval of a Development Plan for the development of 19 duplex buildings (38 townhome units). Also, request for recommendation of approval of Preliminary Townhome Subdivision. Staff recommends approval of the Development Plan and Preliminary Townhome Subdivision. PLANNING COMMISSION OBJECTIVE: 1. Review for compliance with the Estes Valley Development Code (EVDC) and Estes Valley Comprehensive Plan; 2. Conduct a public hearing to consider applicant’s testimony, public comment, and Town staff’s findings and analysis; and 3. Provide a recommendation to the Town Board of approval or denial of the Preliminary Townhome Subdivision application. 4. Approve or deny Development Plan application. LOCATION: TBD, Marys Lake Road, within the Town of Estes Park VINICTY MAP: See attachment OWNER/APPLICANT: James R. and Susan M. Mackey STAFF CONTACT: Audem Gonzales, Planner II PROJECT DESCRIPTION: This project appeared before the Planning Commission on September 19, 2017. The PC voted to continue the item to the October 17th hearing date. Present Situation: The subject property was annexed into the Town of Estes Park in 2017. It is approximately 10-acres in size and is undeveloped. The property is zoned A-Accommodations. Proposal: The proposal entails buildings 19 duplex buildings with 38 individual platted townhome lots. There are three Outlots proposed and three detention ponds. Several utility easements are proposed to be dedicated with several main extensions anticipated. There is no zone change requested with this development. Raven Rock Development Plan and Preliminary Townhome Subdivision Estes Park Community Development Department, Planning Division Room 210, Town Hall, 170 MacGregor Avenue PO Box 1200, Estes Park, CO 80517 Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org 132 Estes Valley Planning Commission, October 17, 2017 Page 2 of 7 Raven Rock Development Plan and P. Townhome Sub. SITE DATA TABLE: Engineer: Van Horn Engineering & Surveying Parcel Number: 34021-00-024 Development Area: Approx. 10-acres Existing Land Use: Undeveloped Proposed Land Use: 19 duplex buildings with 38 individual townhome lots Zoning Designation: A-Accommodations Adjacent Zoning: East: A-Accommodations and E-Estate North: A-Accommodations West: A-Accommodations South: A-Accommodations Adjacent Land Uses: East: 2 single-family homes and undeveloped property North: Undeveloped West: Church South: Mary’s Meadow Condominiums Services: Water: Town of Estes Park Sewer: Upper Thompson Sanitation District Review Criteria. 1. Development Plan: 3.8.D. Development Plan Standards for Review requires the staff review and recommend approval/denial to the EVPC. The EVPC shall review the development plan application and all submitted plants and reports, and evaluate them according to the following standards: 1. The development plan shall comply with all applicable standards set forth in the EVDC; and, 2. The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan. 2. Preliminary Townhome Subdivision. 3.9.E. All subdivision applications shall demonstrate compliance with the standards and criteria set forth in Chapter 10, “Subdivision Standards,” and all applicable provisions of this Code. REVIEW CRITERIA: Depending upon the complexity of the project, this section may be a brief summary of the standards of review or may involve a more detailed analysis of the standards based upon issues relevant to any particular project. 1. Buildings and Lots. The project consists of 19 duplex buildings, each with two separate units. The total number of units on the property will be 38. Each of the 38 units will be located on their own townhome lot. The lots conform to maximum impervious coverage. The buildings conform to maximum allowed heights. 2. Landscaping. Arterial buffer landscaping is required along Mary’s Lake Road, non-arterial buffer landscaping is required along Promontory Drive, 133 Estes Valley Planning Commission, October 17, 2017 Page 3 of 7 Raven Rock Development Plan and P. Townhome Sub. and district buffer landscaping is required along the common border between this development and Arapaho Meadows. The applicant has provided more trees and shrubs than are required for this project but offers an Alternative Landscaping Plan for the location of this landscaping. Staff has found the Arterial, non-arterial, and district buffering to be adequate. The applicant has proposed additional landscaping internal to the site on each individual property. 114 trees are required and 270 shrubs. The landscaping plan proposes 164 trees and 273 shrubs. Since the overall project is over on required landscaping Staff has accepted the alternative plan. 3. Open Space. 4 acres out of the 10 acre site are platted as outlots. These outlots will contain the detention pond areas as well as a significant rock outcropping on the northeast section of the site. Private open space is not required with this type of development. 4. Water. There is a water main running through Mary’s Lake Road. This proposal calls for tying into that main and creating a looped system throughout the development. This will allow appropriate water pressure and flow to be met. 5. Fire Protection. There are two fire hydrants proposed with this project. Fire access is provided with platted public rights-of-way and using the private drives as emergency access areas. The preliminary plat shows the intent to dedicate these areas as emergency access easements. Portions of these easements will run through townhome lots. 6. Electric. A 20-foot utility easement was dedicated in 2016 for new Town of Estes Park electric lines along Mary’s Lake Road. All new electric lines for this project will be undergrounded (primary and secondary). 7. Sanitary Sewer. There is an existing sewer main downhill from the proposed development that borders the Arapaho Meadows subdivision. The plan calls for tying into that existing main and providing additional mains throughout Raven Rock. The 8” mains are proposed to run through the internal streets/driveways and will serve all the units by gravity flow. Stormwater Drainage. An addendum to the preliminary drainage report was submitted to staff on October 9th for review. This additional submittal was provided to address lingering concerns from Planning Commission expressed at the September 19th hearing. The addendum provides additional design calculations and drawings to further explain how the proposed pond outlet structures will function and how storm water discharge from the proposed development will be controlled and delivered to existing infrastructure downstream of the project. Three on-site detention ponds will be located on the property. They are designed to not exceed the historic outfall quantities of stormflow release. 134 Estes Valley Planning Commission, October 17, 2017 Page 4 of 7 Raven Rock Development Plan and P. Townhome Sub. All the ponds are designed with outlet structures and orifice plate restrictions to mimic the historic flow releases. Several internal storm sewer catch basins and buried storm sewer pipes will transport on-site generated flows to the ponds. Detention Pond 1 is proposed to be located within the 50-foot wetland buffer. This location will require a Variance as Code states that there shall be no disturbance of the ground within wetland setbacks. The applicant is proposing a channel and berm along the northeast property boundary in order to properly convey outflow from Detention Pond 2 off-site. Release rates are below historic rates at this location. A Preliminary Drainage Report was provided to Staff with the submitted applications. A Final Drainage Report is required to be submitted with the Final Plat for all subdivisions along with associated infrastructure improvement plans/financial securities. It is customary that the final plans show greater detail on the drainage systems of a project. The Preliminary Townhome Subdivision drainage plan is a detailed conceptual plan only. Staff has reviewed it and deemed it acceptable for this stage of the project. 8. Access. Access to the site will be from Mary’s Lake Road via newly proposed Promontory Drive. This Drive will be dedicated as Town ROW on the final plat. Gray Jay Way and Rock Wren Circle are two private drives accessing from Promontory Drive. All duplex buildings will front onto one of three drives proposed. The applicant has also extended ROW to the northwest and southeast edge of the property for future connections if needed. As noted above, emergency vehicle access is sufficient and provided throughout the site. A traffic impact study was provided to Staff for review. The study concluded that no additional auxiliary lanes for the Mary’s Lake/Promontory Drive intersection are recommended with development of the townhome subdivision. 9. Right-Of-Way. Public Works has requested an additional 10-foot public right-of-way dedication for Mary’s Lake Road. The applicant has provided this on the preliminary plat. It shall be dedicated on the final plat. Also, Promontory Drive is shown on the preliminary plat as public right-of-way and shall be dedicated on the final plat. 10. Wetlands. Two delineated wetlands have been shown on the plans in the southeastern section of the site. A 2015 wetland delineation was performed by Darcy A. Tiglas. This summary of that study was revised in September of 2017. There is a 50-foot setback to all wetlands per the EVDC. This project proposes building a detention pond within that 50-foot setback. This action requires a Variance. 11. Wildlife Study. A wildlife habitat report and conservation plan was submitted with this application. According to this report, no endangered, 135 Estes Valley Planning Commission, October 17, 2017 Page 5 of 7 Raven Rock Development Plan and P. Townhome Sub. threatened, or special concern plant/wildlife species will be adversely affected by the proposed project. 12. Comprehensive Plan. The site is located within the Mary’s Lake planning area, which anticipates a wide-range of land uses, including the subject property envisioned to be for Accommodation uses. The existing zoning complies with the future land use designation. Duplexes and residential uses are allowed within the A-Accommodation zoning district. Development Guidelines. The guidelines for this planning area call for protecting natural resource areas such as drainage ways, open meadows, and wetland areas. Two wetland areas were identified on this site and contain a 50-foot setback buffer. Major drainage areas to the north of this property are protected as “Public Open Space” and more wetlands are delineated to the east of this property. The subject property itself does not contain a major drainage way that needs protecting, according to the drainage report. REVIEWING AGENCY COMMENTS: This application has been submitted to reviewing agency staff for consideration and comment. No significant issues or concerns were expressed by reviewing staff. PUBLIC COMMENTS: In accordance with the notice requirements in the Estes Valley Development Code, legal notices were published in the Estes Park Trail- Gazette. Typical mailings include a 100-foot radius. As of October 11, 2017, two formal written comments have been received for this application package. All written comments are posted to www.estes.org/currentapplications. Public concerns/comments have been about drainage, view sheds, installation of utilities, density, building style, etc. Staff has met with the reviewing agencies to go over public comment and have assured staff that these concerns have been addressed with the current submittal or will be addressed with final infrastructure plans (e.g. final drainage study). STAFF FINDINGS: Based on the foregoing, staff finds: 1. The development plan and preliminary townhome subdivision comply with the goals and policies set forth in the Comprehensive Plan (e.g. Development Guidelines and Future Land Use). 2. The Planning Commission is the Approving Body for the Development Plan and Recommending Body for the preliminary plat. 3. Adequate public/private facilities are currently available to serve the proposed project. 4. This request has been submitted to all applicable reviewing agency staff for consideration and comment. No significant issues or concerns were received. 5. The Development Plan and Preliminary Townhome Subdivision will comply with applicable standards set forth in the EVDC once a Variance is approved for a detention pond within the wetland setback. 136 Estes Valley Planning Commission, October 17, 2017 Page 6 of 7 Raven Rock Development Plan and P. Townhome Sub. RECOMMENDATION: Staff recommends APPROVAL of the proposed Development Plan and Preliminary Townhome Subdivision with the following conditions: 1. A Final Townhome Subdivision Plat shall be approved by Town Board within 120 days of Planning Commission decision date. The Final Plat shall be submitted with a Final Drainage Study and all associated infrastructure construction plans/financial guarantees. The Final Plat shall be recorded within 60 days of Town Board approval. 2. An approved Variance to locate the detention pond within the 50-foot wetland setback is required and shall be approved prior to town signatures on the Development Plan. SAMPLE MOTIONS FOR THE PRELIMINARY TOWNHOME SUBDIVISION: 1. I move to recommend APPROVAL of the “Raven Rock Preliminary Townhome Subdivision application” according to findings of fact with findings and conditions recommended by Staff. 2. I move to recommend APPROVAL of the “Raven Rock Preliminary Townhome Subdivision application” according to findings of fact with findings recommended by Staff. 3. I move to CONTINUE the “Raven Rock Preliminary Townhome Subdivision application” to the next regularly scheduled meeting, finding that … [state reasons for continuance.] 4. I move to recommend DENIAL of the “Raven Rock Preliminary Townhome Subdivision application”, finding that … [state findings for denial]. SAMPLE MOTIONS FOR THE DEVELOPMENT PLAN: 1. I move to APPROVE the “Raven Rock Development Plan application” according to findings of fact with findings and conditions recommended by Staff. 2. I move to APPROVE the “Raven Rock Development Plan application” according to findings of fact with findings recommended by Staff. 3. I move to CONTINUE the “Raven Rock Development Plan application” to the next regularly scheduled meeting, finding that … [state reasons for continuance.] 4. I move to DENY the “Raven Rock Development Plan application”, finding that … [state findings for denial]. 137 Estes Valley Planning Commission, October 17, 2017 Page 7 of 7 Raven Rock Development Plan and P. Townhome Sub. Attachments: 1. Vicinity Map 2. Statement of Intent 3. Application 4. Development Plan set 5. Preliminary Townhome Subdivision plan set 6. Building floorplans and elevations 7. Full application (including wetland study and drainage reports) can be found at: www.estes.org/currentapplications 138 KIOWATRLSSAINTVRAINAVEKIO W A D R LAKEWOODCTPROMONTORY DRARAPAHORDARAPAHORD M A R Y S L A K E R DMARYSLAKERD This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon. Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you. 0 60 120Feet 1 in = 125 ft±Town of Estes ParkCommunity Development Vicinity MapRaven Rock(Preliminary Townhome Subdivision and Development Plan)Printed: 9/13/2017Created By: Audem Gonzales M a r y ' s L a k e R o a d S SAINT VRAIN AVEMARYS LA K E R D PEAK VIEW DR MARYS LAKE SitePromontory Drive139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 Public Comment –Mackey Subdivision (Raven Rock) Dawn James –351 Kiowa Drive, Estes Park Submitted 10/16/2017 for consideration for the 10/17/2017 Planning Commission session. Main concerns at this time: 1.Environmental Impact –Wildlife data not being taken into consideration 2.Traffic Impact –Additional factors not being considered in “traffic analysis” 1.Environmental Impact •At the September 19, 2017 Planning Commission session, I had requested that the wildlife study be re-evaluated. The developer indicated that additional wildlife studies would be performed. Question: Has there been additional studies performed? There has not been any public notification of such study being conducted. 1 •In addition to the hundreds of elk in the meadow this year, additional wildlife sightings have been made. This picture of a young Moose, in the wetland area of the proposed development area, was taken by Phyllis Edelbrock from The Meadows townhomes off Kiowa Drive on 5/21 after the May snow storm. 171 Public Comment –Mackey Subdivision (Raven Rock) 2Page 18Page 20https://www.usbr.gov/gp/ecao/ nepa/final_estes_park_ea.pdf Request: A Resource Management Plan needs to address what actions will be instituted to protect human-wildlife conflict during construction and post construction especially during Spring, Summer and Fall. **Please note below excerpts from the Parking Structure study / recommendations. Environmental Impact -Continued 172 Public Comment –Mackey Subdivision (Raven Rock) Environmental Impact -Continued Request: With a known human-wildlife conflict in this proposed extremely high density residential development, the Colorado Division of Parks and Wildlife (CPW) need to participate in the planning to properly mitigate negative interaction. CPW has responsibility of the elk when outside of the park. Facts to Consider: Below are pictures of what happens several times each month as the elk bed in the meadow that is planned to be developed. Excessive traffic often grinds to a halt to view as little as four up to 200 elk or deer. Pictures below were taken at dusk, making it even more dangerous for the humans and for the wildlife. Over the last couple of months we had up to 100 elk make their presence in the proposed development area nearly every day. In the Pictures below there were approximately 80 elk and 40 cars continuously stopped. 3 173 Public Comment –Mackey Subdivision (Raven Rock) 2.Traffic Impact –Factors that have not been considered in the “traffic analysis” During the September 19, 2017 Planning Commission meeting it was noted that the City Engineer saw no issues with the developer’s assessments. I had pointed out several concerns that will not be re-reviewed today. However…. Question: How could their be no concerns over the traffic analysis, as it relates to pedestrians and cyclists, when in fact the Estes Valley Master Trails Plan (EVMTP) (Appendix Page 8) indicates that the Mary’s Lake Rd route from Hwy 7 and Hwy 36 is a known route as a loop for cycling and jogging (Appendix Page 9)? Trail #23 -Mary’s Lake Road Improvement Ranked #5, out of 27 trails, of those opportunities identified in the Master Trails Plan’s Project Priority Table (Appendix Page 10) . The EVMTP notes that the existing road has no shoulder to safely accommodate current pedestrian and cyclist volume. The development is on Mary’s Lake Rd, between Hwy 7 and Hwy 36. With an increase in population, given the proposed plan, the Planning Commission MUST address this increased hazard. Request: Planning Commission must require the developer to enhance Mary’s Lake Rd to accommodated their increased pedestrian and cyclists volume along Mary’s Lake Rd. In addition to the developer’s actions, the Planning Commission must take advantage of this construction disruption to implement the previously identified needs laid out in the EVMTP to accommodate the current pedestrian and cyclists needs outlined. 4 174 Public Comment –Mackey Subdivision (Raven Rock) 2.Traffic Impact Continued Facts to Consider:There has been precedence set with the Mary’s Lake Lodge condo development’s sidewalk, and others throughout Estes Park, whereby the developer’s multi-family policy is to enhance and contribute to the neighborhood and neighboring area. When the developer’s obligation is coupled with the needs identified in the Estes Valley Master Trails Plan, the Planning Commission must ensure that appropriate cross-walks and the availability of sidewalks are in place to allow pedestrians and cyclists to safety travel on Mary’s Lake Road, as shown on the next slide, and southbound toward Kiowa Drive. 5 175 Public Comment –Mackey Subdivision (Raven Rock) Request: The developer extend the current pedestrian and cycle path that ends near Lakewood Ct. and what appears to at the developer’s property line. The extension should continue across the causeway and loop around to the Mary’s Lake designated parking area, as noted by the red lines on the adjacent Google map. The developer should also extend the walkway/trail southbound toward Kiowa Drive. A natural or paved surface, multi-use trail to provide a safer recreation option for the developments local residents and vacation home renters, as well as the neighboring community. 2.Traffic Impact Continued 6 176 Public Comment –Mackey Subdivision (Raven Rock) Appendix 7 177 Public Comment –Mackey Subdivision (Raven Rock) 8 https://www.colorado.gov/pacific/townofestespark/TransportationStudies 178 Public Comment –Mackey Subdivision (Raven Rock) 9 Please note that the developer rejected Pedestrian and Bicyclist Traffic as they noted there was limited impact. The Estes Valley Master Trail Plan disagrees. As with nearly all local development of multi family residential areas, there should be some pedestrian and bicyclist path or trails required. Question: How will the Town of Estes Park address the Master Plan initiatives in this area of residential development? 179 Public Comment –Mackey Subdivision (Raven Rock) 10 The Town of Estes Park has identified the need for additional trails on Mary’s Lake Rd, stretching from Hwy 36 to the Fish Creek Trail. This appears to be an ideal time for the Town of Estes Park to ensure that the Master Trail Plan is not disrupted. Question: How will the Town of Estes Park address ensure that Mary’s Lake Rd development will not interfere with a trail from Hwy 36 to Fish Creek?180 Public Comment –Mackey Subdivision (Raven Rock) 11 Trail #23 -Mary’s Lake Road Improvement Ranked #5 in Long Term Master Trail Plan Project Priority. Question: Knowing this, what are the Town’s plan while the area is prime for improvement? 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 Raven Rock Motions Estes Valley Planning Commission, November 14, 2017 SM – Commissioner Steve Murphree GW – Town Attorney Greg White RS – Chair Russ Schneider RG – Commissioner Robert Foster BL – Commissioner Bob Leavitt RH – Community Development Director Randy Hunt SW – Commissioner Sharry White KT – Recording Secretary Karen Thompson (1) SM – I move to recommend approval of the Raven Rock Preliminary Townhome Subdivision application according to findings of fact with findings and conditions recommend by Staff and, if we could include what the developer agreed to do here, and I don’t have that in writing, but maybe we can throw that in, with the crosswalks and…I know it would be kind of…what do you say, Counsel, could we do that? GW – I think those-what the developer has proposed, offered up – that is a part of the Development Plan, not a part of the Preliminary Plat. The Preliminary Plat is just drawing lines, dividing it into lots and blocks. I assume that the developer’s movement of a little bit on the two lots is reflected on the preliminary plat. If it’s not, that should be part of the motion…It’s already in there?...So anything to do with the crosswalk, the building, the movement of the landscaping – the drainage is already in there – would have to be part of the development plan. SM – Could we make it a matter of record, I guess it already is, right? RS – Do I hear a second? KT – The Chair can also second. You have the authority to do that. BL – She’s saying you can second. RS – Yeah, I heard her. I’ll second that motion, and ask that the Commissioners vote. [Display of vote: Foster=NO; Murphree=YES; Hull=[absent]; Leavitt=NO; Schneider=YES; White=NO; Baker=[absent]. RS – We have 3-2, the motion being rejected. RS – The second motion then is on the development plan. 236 GW – This is for the preliminary plat, correct? I would suggest that, since you have denied, ah…have not approved the motion to recommend the preliminary plat, it would be appropriate if you want to, to have a motion to recommend denial of the preliminary plat, so it can move forward to Town Board. RS – Say that again? [unclear discussion, multiple voices] GW – Just reversing what you’ve done so that something moves forward, because you have not – the motion was not to recommend denial; it was to recommend approval of the preliminary plat. RH – It’s a parliamentary device. It gives you an affirmative vote on something, to move something forward. RS – Do I hear a motion? [unclear discussion, multiple voices] SM – So moved. BL – Well, do you want to say anything else to go along with it? RS – Go ahead. BL – So. I move to deny the Raven Rock development plan application, finding that it does not meet Comprehensive Plan guidelines, which are we required to review and consider, and furthermore, it sets a precedent that says that this kind of review going forward is acceptable. GW – Just for clarification, this is to recommend denial of the preliminary plat, correct? BL – OK, so… GW – Let’s use words correctly, please so – because… BL – I amend my – I amend my – I amend my proposal to substitute the words to subdivision… GW – To preliminary plat. BL – Preliminary plat, yes. Thank you. RS – And do I hear a second? SW – Second. RS – Moved and seconded that we reject the request for the plat. Please vote. 237 [Display of vote: Foster=YES; Murphree=NO; Hull=[absent]; Leavitt=YES; Schneider=NO, White=YES; Baker=[absent].] RS – And the motion carries. The plan has been rejected. GW – Recommended - RS – Recommended - GW – Recommendation. RS – OK. Now, that takes care of the plat. Do we still have to vote on the development plan? GW – Yes. RS – Motion for the development plan? BL – It’s essentially the same. I move to deny the Raven Rock development plan application, finding that it does not meet Comprehensive Plan standards, and it is an unacceptable precedent moving forward. RS – Second? RF – Second. RS – May I have your vote, please. SM – How are we doing this? KT- Did I have a second? BL – Yes [Display of vote: Foster=YES; Murphree=NO; Hull=[absent]; Leavitt=YES; Schneider=NO, White=YES; Baker=[absent].] RS – And that motion is approved. 238 RRECORD OF PROCEEDINGS Estes Valley Planning Commission September 19, 2017 Board Room, Estes Park Town Hall Commission: Chair Russ Schneider, Vice-Chair Bob Leavitt, Commissioners Betty Hull, Steve Murphree, Sharry White, Robert Foster, Doyle Baker Attending: Chair Russ Schneider, Vice-Chair Leavitt, Commissioners Betty Hull, Steve Murphree, Sharry White, Robert Foster, and Doyle Baker Also Attending: Planner Audem Gonzales, Planner Carrie McCool, Code Compliance Officer Linda Hardin, Planner Robin Becker, Town Board Liaison Ron Norris, and Recording Secretary Karen Thompson Absent: Director Randy Hunt, Town Attorney Greg White, County Staff Liaison Michael Whitley Chair Schneider called the meeting to order at 1:30 p.m. He explained the purpose of the Planning Commission. There were approximately 45 people in attendance. 1. APPROVAL OF AGENDA It was moved and seconded (White/Hull) to approve the agenda as presented and the motion passed 7-0. 2. PUBLIC COMMENT Tom Gootz/town resident suggested someone at Town Hall let the public know who was putting the Comprehensive Plan together. He recommended a press release on the topic. Pat Newsom/town resident is opposed to change in Estes Park. She is concerned about several proposed code changes. Betty Hull/Planning Commissioner requested an explanation about “floating” zoning. She was confused about all the attention the nonconforming lots were getting. She was opposed to changes in single-family zone districts. 3. CONSENT AGENDA A. Approval of August 15, 2017 Planning Commission meeting minutes. B. Request to continue to the October 17, 2017 meeting an amendment to the Estes Valley Development Code (EVDC) to add a definition for the term “Single-Family Use”. C. Request to continue to the October 17, 2017 meeting an amendment to the EVDC to eliminate applicability and use of the Attainable Housing Density Bonus in the RE-1, RE, E- 1, E, R, and R-2 zone districts. It was moved and seconded Leavitt/White) to approve the consent agenda as presented and the motion passed 6-0 with Commissioner Baker abstaining. 4. LARGE VACATION HOME REVIEW – 152 STANLEY CIRCLE DRIVE; MIKE & CINDY KINGSWOOD, OWNERS – 12 OCCUPANTS Code Compliance Officer (CCO) Hardin stated the lot size is less than one-acre minimum requirement. Commissioner Baker pointed out that the county records shows one less bedroom than the application. Director Hardin clarified the update to the county records has not yet been made. The home inspection was approved. Public Comment None. 239 RRECORD OF PROCEEDINGS Estes Valley Planning Commission September 19, 2017 Board Room, Estes Park Town Hall It was moved and seconded (Murphree/Hull) to approve the vacation home at 152 Stanley Circle Drive to allow a maximum of twelve (12) occupants and the motion passed unanimously. 5. LARGE VACATION HOME REVIEW – 410 RIVERSIDE DRIVE; ANN MISEL (STANLEY KRAUS LIVING TRUST), OWNER; 12 OCCUPANTS CCO Hardin stated the lot size is less than one-acre minimum requirement, and the setback on the east side is six feet less than the required 25 feet. Public Comment None. It was moved and seconded (White/Baker) to approve the vacation home at 410 Riverside Drive to allow a maximum of twelve (12) occupants and the motion passed unanimously. 6. LARGE VACATION HOME REVIEW – 3430 EAGLECLIFF CIRCLE DRIVE; JEFFREY HYLER, OWNER; 12 OCCUPANTS CCO Hardin stated the lot size is less than one-acre minimum requirement, and the front setback is ten feet and the rear setback is 20 feet, where 25 feet is required on all sides. Public Comment None. It was moved and seconded (Foster/Murphree) to approve the vacation home at 3430 Eaglecliff Circle Drive to allow a maximum of twelve (12) occupants and the motion passed unanimously. 7. SPECIAL REVIEW DEVELOPMENT PLAN; ESTES PARK BAPTIST CHURCH EXPANSION; 2200 MALL ROAD Continued from August EVPC meeting. Planner Gonzales stated this project was continued from the August meeting to allow the applicant to be present, as he was absent last month. There were lingering questions from the public regarding landscaping, use of the building, and future intentions. The application is a request to expand the existing church with a 9,000 square foot addition. Written permission has been provided by the Federal government regarding access to the property from Mall Road. Additional parking will be added to the south, with the addition being to the west of the existing building. Landscaping on the west property line was an issue in the last meeting, and the applicant is now proposing to add two additional trees in that area. Applicant is now proposing a two-phased approach; finishing out a portion of the addition with classrooms, but not the entire building. A future single-family home is allowed by right on the property, and is not part of the special review; however, the applicant provided the plans for the benefit of the public. The total structure count will be two parsonages, one future maintenance shed (20 x 30), one office building, and the existing church with the addition. The proposed office building will not have a kitchen. Planner Gonzales stated no additional public comment was received since the last meeting. Staff and commission Discussion Comments included but were not limited to: there are no design standards in the EVDC; the landscape buffer that is required is around the boundaries; landscaping of the parking area or around the new addition is not required; no interior landscaping is required. Public Comment Lonnie Sheldon/project engineer introduced members of the engineering team. Paul Logue/Pastor of the church apologized for any issues that he has caused that may have been offensive. He stated the security lights on the parsonage will remain. He stated he spoke with one of the neighbors regarding the relocation of the modular, and understood they were in agreement about the placement. He stated the church often houses volunteers that come to the 240 RRECORD OF PROCEEDINGS Estes Valley Planning Commission September 19, 2017 Board Room, Estes Park Town Hall area to do various types of work for the community, and they often bring their RVs and park them at the church. Ralph Nations/project manager with the church stated there were several incorrect statements made by the public last month. He stated the waiver request was for landscape buffering so they would not have to landscape the entire south side of the property. The change was not discussed with the neighbors. Commissioner White stated parking RVs on the property was not allowed, and recommended the applicant have a conversation with the Community Development Department regarding allowable uses on the property. After a brief discussion, Planner Gonzales stated the proposal calls for the planting of eight more trees around the parking area, and twelve additional shrubs. Joy Harvey/county resident stated the neighbors would like to have transparency from the church representatives. The neighbors have no issues with the various church ministries, but they do have issues with the potential impact of the proposed development to the neighbors. She requested the Commission deny the landscaping waiver. Laura Case/county resident was concerned about additional exterior lighting. She requested there be no construction traffic on Joel Estes Drive if the project was approved, and was opposed to the landscape waiver. Jeremy Collinette/county resident was concerned about how they were really going to use the additional 9,000 square feet, wondering if it would become housing. Ralph Nations stated the new addition will be used for classrooms for children and youth. He stated they would not be housing people there, except for occasional overnight volunteers. He was working with Planner Gonzales regarding Temporary Use Permits for this use. Lonnie Sheldon stated a neighborhood meeting was not required. The applicant is not required to pave the gravel road. Chris Lee/Kennedy Architecture Group stated each level of the addition would be 4,500 square feet, and would include a warming kitchen. The upper level will allow easier access to the second floor via two bridges, while the lower level will have natural light to the south. Staff and Commission Discussion Planner Gonzales reminded the Commissioners to include any additional conditions of approval in the motion. Commissioner comments included, but were not limited to: Temporary Use Permits may solve the issue of the overnight RVs; a landscaping plan was requested to ensure all required landscaping would be installed; request to have all exterior lighting be code compliant. Lonnie Sheldon stated the church is willing to install code compliant interior and perimeter landscaping as part of the building permit set, which would need to be completed before a Certificate of Occupancy would be issued. They will also comply with the dark sky ordinance for all buildings on the property. Conditions of Approval (as recommended by the Planning Commission) 1. The landscape waiver will not be granted as requested on the south and west property boundaries. 2. Entire site will be compliant with the dark sky ordinance. It was moved and seconded (White/Hull) to recommend approval of the Estes Park Baptist Church Special Review to the Larimer Board of County Commissioners according to the findings 241 RRECORD OF PROCEEDINGS Estes Valley Planning Commission September 19, 2017 Board Room, Estes Park Town Hall of fact and the conditions of approval as recommended by the Planning Commission and the motion passed unanimously. Chair Schneider requested a five minute recess at 3:09 p.m. 8. DEVELOPMENT PLAN & PRELIMINARY TOWNHOME SUBDIVISION PLAT; RAVEN ROCK TOWNHOMES; TRBD PROMONTORY DRIVE Planner Gonzales stated the subject property is zoned A–Accommodations, and is approximately 10 acres in size. It was annexed into the town limits earlier this year. The applicants, James & Susan Mackey, propose to develop the property with 38 units in 19 duplexes, including three outlots and three detention ponds. Three utility easements would also to be dedicated on the plat, along with a dedicated town Right-of-Way. A private circle drive is proposed, with additional private drives that front the individual duplex buildings. The applicant has proposed an alternative landscaping plan that will disperse the landscaping among the property. They have added additional trees, and the buffering on the east side is considered adequate by staff. The three outlots would protect the existing wetland areas. One of the proposed wetlands is in the setback, and a variance application has been submitted that will be heard by the Estes Valley Board of Adjustment. A preliminary stormwater drainage plan was also submitted and reviewed by the Town Engineer. This plan provides for three detention ponds to collect and discharge stormwater. There have been neighbor concerns with the preliminary drainage report. The final drainage plan will go with the Final Plat. Regarding access, the entrance to the subdivision will align with Promontory Drive. A wildlife study was submitted, with no mitigation efforts being recommended. The Estes Valley Comprehensive Plan for Future Land Use indicates accommodations would be appropriate for this property. No major issues were identified by reviewing staff. There were several public comments received. The application was routed to all affected agencies. A legal notice was published in the local newspaper, and adjacent property owners were notified by mail. The Planning Commission is the decision-making body for the Development Plan, and the recommending body for the Preliminary Townhome Subdivision Plat. Staff recommended two conditions of approval, listed below. Staff and Commission Discussion Planner Gonzales clarified inquiries regarding the annexation of this property into the town limits earlier this year. There was discussion as to whether or not the Final Townhome Subdivision Plat should be approved prior to the approval of the Development Plan. It was noted the Planning Commission would not be reviewing the Final Plat; however, the approval of this plat is conditional to the approval of the Development Plan. Public Comment David Bangs/project engineer prepared the preliminary drainage report. The adjacent property owners are concerned about groundwater. It was his professional opinion the amount of groundwater flowing onto the neighbor’s property would be the same or less with the proposed development. The surrounding existing wetlands and associated groundwater could also affect their property. In the preliminary design, all the detention ponds are built to meet the 100-year event (1% annual chance). The ponds will be grass-lined, pervious, and would hold the water for hours, not days. The detention ponds are typically maintained by the HOA. There are no standards for regulating groundwater, and Mr. Bangs assured the Commission there would not be any additional groundwater caused by this development affecting the neighbors. He explained where the discharge areas are on the property, stating one of the drainage areas may need to be redesigned depending on the outcome of the variance application. Historic discharge locations will be maintained. Joe Coop/project engineer stated the proposed duplexes would meet all height and setback requirements. Floor plans are still in the design phase, and will have main floor living. The sewer manhole is located in the utility easement. There is an existing fence in the easement, which will be replaced by the applicant. 242 RRECORD OF PROCEEDINGS Estes Valley Planning Commission September 19, 2017 Board Room, Estes Park Town Hall James Mackey/applicant and property owner purchased the property in 1995 with the intention of developing it. He has been working on the various parts of this project since 2014. The review has been thorough and all issues are being addressed adequately. He met briefly with the neighbors to introduce himself. He has had several conversations with Ms. Ray, but not with the Keiltys. More than the required landscaping will be installed, to screen the buildings from the neighbors. Units 35-38 will not be right up against the property line. Drainage plan will comply with the required regulations. He is aware of Mr. Keilty’s ongoing groundwater issue. He originally met with Rita Kurelja of the Estes Park Housing Authority regarding a possible affordable housing project, but after meeting with various people decided not to pursue it. Michael Keilty/town resident was concerned the project would create a groundwater problem on his property, and had a private engineer review the drainage plan. He was also concerned about the potential for trespassing. He stated the postcard he received in the mail was not adequate notice. Barbara Keilty/town resident was concerned about what might happen in the future. Based on the report from their third-party engineer, their home is in imminent danger. Claire Ray/town resident was concerned about construction phase, and requested construction vehicles be limited to Marys Lake Road and not be allowed to use Arapahoe Road. She was concerned about her privacy and view corridor, and water runoff during construction. She has had a couple of phone conversations with Mr. Mackey prior to today’s meeting. Dawn James/town resident submitted a document for the record regarding her environmental and traffic concerns. Her comment will be posted on the Town website. She was concerned about wildlife migration, increase in traffic, vehicle speeds, and pedestrian safety. She stated Marys Lake Road is becoming used more and more as a route to get to Rocky Mountain National Park. Larry Murphy/town resident was concerned about the density of the project, the wildlife, and the view obstruction. Kevin Conrad/town resident complained about the notification process. He stated the maintenance of the detention ponds will be critical, and was looking forward to reviewing the Final Drainage Report. Tom Gootz/town resident commented on whether or not the comprehensive plan would address areas such as this. He was opposed to the property being zoned A-Accommodations. He had comments related to the International Building Codes that were not in the purview of the Planning Commission. Richard James/town resident was concerned about traffic and the possibility of having 38 new vacation rentals in the neighborhood. Bev Wright/town resident stated the lead planner should explain both the pros and cons of projects. She was concerned about density, the short-term rental possibility, wildlife, and view corridor obstruction. Mike Gould/town resident and Promontory HOA stated this project will block their view. He was concerned that the project would not be compatible with the surrounding neighborhood, and traffic would be too congested. He requested additional traffic studies on other nearby intersections nearby. He was concerned about the drainage impacts to the nearby neighbors. He stated notifying property owners only within 100 feet is too small an area. Michael Keilty/requested a continuance. 243 RRECORD OF PROCEEDINGS Estes Valley Planning Commission September 19, 2017 Board Room, Estes Park Town Hall Carly Lober/county resident stated the high density of the area was not compatible with the surrounding neighborhood. Lonnie Sheldon stated the difference between the preliminary and final drainage report is small. There is one-foot of freeboard proposed in the report, which will be more than enough to contain high flows. If ponds are lined, they can be punctured by animal hooves, and bubbles can form underneath and decrease the volume as designed. The preliminary report complies with the state stormwater regulations. Regarding the traffic study, the parameters of the study were directed by former town engineer Kevin Ash. Joe Coop provided additional information about the proposed drainage channel along the east side of the property. Trees will be placed on either side of the channel. The stormwater management plan has to be approved by the county health department prior to commencing construction. The development plan complies with the EVDC and the drainage plan complies with the drainage requirements. The property owner has the right to develop his property in accordance to the EVDC. The wetlands are not jurisdictional. It was noted the wetland study was approved by the Army Corps of Engineers (ACE). The property owner is aware of the new building code requirements. James Mackey appreciated the comments. He is willing to be transparent with neighbors. He is open to addressing the issues and would support a continuance. Public Comment closed. Staff and Commission Discussion Commissioner Baker was opposed to a continuance, stating if the design met the requirements of the EVDC, there was no point in delaying the decision. The only comment that pertains to the Commission was the one about being compatible with the surrounding neighborhood and furthering the goals of the comprehensive plan. Commissioner Leavitt requested additional comments from drainage experts on both sides of the issue. Conversation regarding this issue can occur outside of the Planning Commission meeting, with results presented next month if the meeting is continued. Commissioner Hull supported a continuance, and reminded those in attendance that Marys Lake Lodge is also in the A–Accommodations zone district. Conditions of Approval 1. A Final Townhome Subdivision Plat shall be approved by Town Board within 120 days of Planning Commission decision date. The Final Plat shall be submitted with a Final Drainage Study and all associated infrastructure construction plans/financial guarantees. The Final Plat shall be recorded within 60 days of Town Board approval. 2. An approved Variance to locate the detention pond within the 50-foot wetland setback is required. It was moved and seconded (FosterLeavitt) to continue the Raven Rock Preliminary Townhome Subdivision to the October Planning Commission meeting and the motion passed 6-1 with Commissioner Murphree voting against. It was moved and seconded (Foster/Hull) to continue the Raven Rock Development Plan to the October Planning Commission meeting and the motion passed 6-1 with Commissioner Murphree voting against. Note: At this point in the meeting, the order of the agenda was changed, and various items will be continued to future meetings. 9. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING FLOOR AREA RATIO (FAR) AND AMEND THE DENSITY CALCULATION STANDARDS AS THEY RELATE TO EMPLOYEE HOUSING 244 RRECORD OF PROCEEDINGS Estes Valley Planning Commission September 19, 2017 Board Room, Estes Park Town Hall Planner Gonzales stated the proposed amendment would eliminate FAR from the EVDC, and eliminate the requirement to use FAR in the employee housing density calculation. The proposed amendment evolved from discussions with Planning Commission, Town Board, and County Commission, on streamlining the EVDC and removing redundancies. FAR regulates the dimensional aspects of lots, and there are many of these in the code. FAR is the relationship between square footage of a building and how it relates to lot size, and is an outdated planning mechanism. Regarding the employee housing piece of the amendment, Planner Gonzales stated we now allow employee housing in commercial zone districts, and the number of units is dependent on the FAR on the property. If we remove FAR, we will need to recalculate how we establish density in commercial zone district. Planning staff has proposed tying the accessory use unit amount to being no more than the square footage of the principle use. Parking for employee housing units shall not exceed the required parking for the principle use. Removing FAR would make the EVDC easier to understand. It was moved and seconded (Hull/Foster) to recommend approval of the text amendment to the Estes Park Board of Trustees and Larimer County Board of Commissioners as presented in Exhibit Red, including findings, and as recommended by staff and the motion passed unanimously. 10. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING MAXIMUM RIDGELINE HEIGHT LIMIT FOR STEEPLY SLOPED GABLED & HIPPED ROOF STRUCTURES Planner Becker stated the proposed amendment would place an upper height limit for steeply sloped roofs (A-frames, in most instances). The recently approved height limit increase applied only to gabled roofs. If the existing calculation was used on an a-frame structure, it could exceed 30 feet quite easily. This issue was raised by the Town Board during the building-measurement discussion. Following discussion among the Commission, it was decided to continue this item to the October meeting in order for Director Hunt to provide a visual regarding the calculations. It was moved and seconded (Hull/Foster) to continue the proposed code amendment regarding maximum ridgeline height for steeply sloped roofs to the October 17, 2017 Planning Commission meeting and the motion passed unanimously. 11. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING BED AND BREAKFAST INNS It was moved and seconded (White/Murphree) to continue the proposed amendment regarding Bed and Breakfast Inns to the October 17, 2017 Planning Commission meeting and the motion passed unanimously. 12. AMENDMENT TO THE ESTES PARK MUNICIPAL CODE SECTION 17.66 - SIGNS It was moved and seconded (White/Foster) to continue the proposed amendment regarding Signs to the November 21, 2017 Planning Commission meeting and the motion passed unanimously. 13. REPORTS There were no comments regarding the report items listed on the agenda. There being no further business, Chair Schneider adjourned the meeting at 5:45 p.m. _________________________________ Russ Schneider, Chair __________________________________ Karen Thompson, Recording Secretary 245 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall Commission: Chair Russ Schneider, Vice-Chair Bob Leavitt, Commissioners Betty Hull, Steve Murphree, Sharry White, Robert Foster, Doyle Baker Attending: Chair Russ Schneider, Vice-Chair Leavitt, Commissioners Betty Hull, Steve Murphree, Sharry White, Robert Foster, and Doyle Baker Also Attending: Director Randy Hunt, Senior Planner Jeff Woeber, Planner Audem Gonzales, Planner Carrie McCool, Code Compliance Officer Linda Hardin, Planner Robin Becker, Town Board Liaison Ron Norris, and Recording Secretary Karen Thompson Absent: County Staff Liaison Michael Whitley Chair Schneider called the meeting to order at 1:30 p.m. He explained the purpose of the Planning Commission. There were approximately 50 people in attendance. 1. APPROVAL OF AGENDA It was moved and seconded (White/Hull) to approve the agenda as presented and the motion passed 7-0. 2. PUBLIC COMMENT Johanna Darden commented on the Estes Valley Comprehensive Plan. 3. CONSENT AGENDA A. Approval of September 19, 2017 Planning Commission meeting minutes. B. Estes Park Resort – Applicant request to extend deadline for meeting conditions of approval related to the Development Plan approved June 20, 2017. Requested deadline is December 27, 2017 (60 additional days). C. Request by staff to continue the proposed EVDC amendment regarding Outdoor Food Vendors to the November 21, 2017 Planning Commission meeting. It was moved and seconded (Hull/Murphree) to approve the consent agenda as amended and the motion passed 7-0. 4. REZONING OF LOTS 1-4, MARYS LAKE ESTATES FROM RE–Rural Estate to A-1–Accommodations; 638, 650, 742, 565 LAKEWOOD COURT Planner Gonzales reviewed the staff report. The subject property is in the unincorporated Estes Valley. Lots 1-4 make up the entire subdivision. The subdivision consists of one vacant lot, one lot with a single-family dwelling, and two lots with Bed & Breakfast inns (B&Bs). The existing B&Bs were built prior to the adoption of the EVDC in 2000, and were conforming at the time they were 246 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall built. The applicants stated they were not aware of the rezoning in 2000. The intention of the subdivision was to provide mixed uses (single-family and B&Bs), which is stated on the Final Plat. The proposed A-1–Accommodations zone district allows B&Bs and single-family dwellings. Staff has waived the development plan requirement due to the majority of the subdivision being built out. Adequate public services are already in place. The application was routed to affected agencies, with no significant issues. A legal notice was published in the local newspaper and adjacent property owners were notified by mail. There were no public comments received. Staff and Commission Discussion There was brief discussion regarding a previous attempt to rezone the property which was withdrawn before it went to a public hearing. Public Comment Matthew Gordon/Promontory Condominium Owner’s Association (COA) representative stated the COA did not receive the adjacent property owner notice. He stated the Larimer County Assessor’s Office does not have an address on file for this COA-owned property. Staff and Commission Discussion Commissioner Baker stated if the current owners’ issues can be addressed in a method other than rezoning, then he would recommend the alternative method. He did not see any justification to rezone the subdivision to A-1–Accommodations when there is a proposed amendment on today’s agenda dealing specifically with B&Bs. It was moved and seconded (Murphree/Hull) to recommend denial of the rezoning of Lots 1-4, Marys Lake Estates to the Larimer Board of County Commissioners, finding insufficient evidence to support the rezoning and the motion passed unanimously to deny. 5. DEVELOPMENT PLAN 2017-07 & PRELIMINARY TOWNHOME SUBDIVISION PLAT; RAVEN ROCK TOWNHOMES; TBD PROMONTORY DRIVE Chair Schneider disclosed he spoke with Ms. Darcy Tiglas, who performed the wetland study for this property. Planner Gonzales stated this item was continued from the September meeting. The Commission directed the applicant to provide additional information regarding drainage. The project proposes 19 duplex buildings with 38 individually-platted townhome lots. Ms. Tiglas is in attendance today to review the wetland study. Staff and Commission Discussion Director Hunt stated groundwater is regulated jurisdictionally by the State of Colorado, and local jurisdictions do not have the authority to regulate groundwater. Commissioner Baker inquired about the process of the pre-application meeting and whether or not the issues at hand had been 247 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall discussed at that time. Planner Gonzales stated wildlife issues are not known until a study is done. The Town engineer was present at the pre-application meeting and provided the parameters for the traffic study. View corridors were not discussed, and are not part of the development code regulations. Planning and engineering concerns are revealed during the review process, not the pre-application meeting. A future trail is proposed for the other side of Marys Lake Road, and is not required for this project. Wildlife and conservation plans were provided by the applicant, though the conservation plan was not required. Additional studies are not required. Town Attorney White stated an environmental assessment (NEPA) was not required, as that is a Federal regulation, not a local one. Public Comment Lonnie Sheldon/applicant representative stated an addendum to the preliminary drainage report was provided, specifically providing additional information regarding the channel and the outlet structure. Mr. Sheldon did not see any evidence of nesting on the small rocky outcropping adjacent to the property. His conclusion is the elk and deer will adapt to the development, as they have done in other areas of the Estes Valley. He addressed Mr. Conrad’s public comment. Mr. Conrad stated in his written comment that multi-family housing would be better suited for this property. Mr. Sheldon stated multi-family housing would allow over 60 units on this property, where only 38 are proposed. Regarding the Arapahoe Meadow HOA request for the Raven Rock developer to improve a culvert in their subdivision, Mr. Sheldon stated that is a private issue of the HOA and will not be addressed by the applicant. Matthew Delich/traffic engineer stated he scoped out the project with the Town Engineer prior to conducting the study. He explained the details of the study, which can be viewed on the Town website. Traffic counts were done in July. Vacation rentals would actually create fewer numbers of vehicle trips than full-time residential use. The analyzation uses peak hours on the street. Mr. Delich stated this project would not have triggered a traffic study through CDOT if Marys Lake Road were a state highway. David Bangs/project engineer stated groundwater movement is very difficult to monitor. Soil samples can be used, and were included in the preliminary report. The adjacent property owner was provided with the addendum to the drainage report. Jim Mackey/property owner stated units 37 and 38 would have a lower profile and no walk-out lower level. He was confident the project was in compliance with the Estes Valley Development Code. Darcy Tiglas/environmental consultant stated the only revision to the report was in the summary. There was one wetland community identified at the far south end of the property. The delineation is determined mainly by vegetation, then by soil. She did not have permission to access the neighbor’s property, so the line of demarcation only goes to the property line. 248 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall Michael Keilty/town resident provided written comment that will be posted on the Town website. He sent the preliminary drainage report to his consultant. He requested the Raven Rock project be tabled by the Planning Commission until additional drainage studies can be completed. Barbara Keilty/town resident stated a safe drainage plan has yet to be submitted. Her concerns have not been adequately addressed, and she believes her home is in immediate danger if the current drainage plan is approved. She requested tabling the Raven Rock project, and also requested she have a minimum of 30 days to review any future drainage reports. Dawn James/town resident stated an environmental study should be conducted. She requested a 24-hour traffic assessment. She was concerned about the potential for vacation rentals. She requested other nearby intersections be included in the traffic study. She asked the walking path be extended to include the east side of Marys Lake Road. Matthew Gordon/Promontory COA representative stated the Estes Valley Comprehensive Plan recommends lowering density as development moves from the city center. This project would not be in line with the Comprehensive Plan. Richard James/The Meadow Condominiums representative submitted written comments which will be posted on the Town website. He recommended redesigning the project to have less impact on the neighbors. Kevin Conrad/town resident was concerned about the quality of the stormwater. Claire Ray/town resident stated she hoped the Commission would consider some of the proposed revisions to the project. She disagreed with the traffic study. Ann Chandou/town resident read Danielle Wolf’s letter that was submitted the morning of the meeting. The letter will be posted on the Town website. Beverly Wright/town resident stated the project could complement the area if it was revised. Johanna Darden/town resident was concerned about the project’s effect on the wildlife, and was supportive of additional drainage studies. Mr. Sheldon explained how the traffic study was conducted. He stated the Final Drainage Report is very specific regarding the size of the underground pipes, etc., which the preliminary drainage report does not provide. David Bangs/project engineer stated the infrastructure is designed for maximum flow, and includes an additional one foot of freeboard that is not required. They have 249 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall gone over and beyond on several code requirements, and are proposing fewer units than allowed. The development meets or exceeds the EVDC. Public comment closed. Staff and Commission Discussion There was discussion among staff and Commissioners, with comments including but not limited to: concern about how the project met the goals and objectives of the comprehensive plan, the comprehensive plan is not a regulatory document; it is important the comprehensive plan be updated as soon as possible; some requests from the public were outside of the requirements; concern about lack of communication with adjacent property owners; visually sensitive areas and density should be addressed in the development plan; continued concern regarding drainage; the development plan complies with the EVDC; concern regarding impact on neighboring properties, traffic, drainage, and wildlife migration. It was moved and seconded (Leavitt/White) to continue the Raven Rock Development Plan and Preliminary Townhome Subdivision Plat to the November Planning Commission meeting, with the suggestion there be dialogue with adjacent property owners on the water and drainage issues, as well as issues related to how this intensive development is compatible with the Estes Valley Comprehensive Plan with relationship to issues such as wildlife migration, open space, and visually sensitive areas, and the motion passed unanimously. Director Hunt clarified with the Commission that any new information would be provided in the meeting materials and distributed prior to the next Planning Commission meeting. Chair Schneider called for a five minute recess at 3:52 p.m. The meeting reconvened at 4 p.m. Chair Schneider was not in attendance for the remainder of the meeting due to a previously scheduled commitment. 6. DEVELOPMENT PLAN 2017-06; FISH CREEK STORAGE; 1901 FISH CREEK ROAD Planner Gonzales reviewed the staff report. The proposed project consists of 86 storage units (15,000 total square feet) in two buildings. The property is zoned I-1–Industrial, and is currently developed with multiple buildings and one single-family dwelling. The proposal includes razing all buildings except the single-family dwelling. A paved loop driveway would circulate vehicles through the property and allow fire truck access. The applicant is requesting a waiver to the parking lot lighting requirement, as no parking lot lighting is proposed. Additionally, the west side of the property has a 20-foot cliff, which staff has approved as a landscape buffer. The cliff serves as a natural screen to the west. The project would trigger at least 15 trees, and the applicant has requested a waiver to this requirement. A gate is proposed for the south side, which would allow fire truck access to the property. The existing culverts on Fish Creek are not being replaced. The Larimer County Engineering Department reviewed the submitted drainage plan and provided 250 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall preliminary approval, pending submittal of the Final Drainage Plan. A right-of-way of an additional 20 feet will be dedicated and recorded. A variance has been applied for regarding the cliff on the west side. The variance is triggered because the existing cliff cut is more than 12 feet. The applicant has also requested waivers to parking and loading area requirements, stating requiring eight additional parking spaces and a designated loading area is impractical because the scope of the project is drive-in accessible storage units. Planner Gonzales stated the Planning Commission is the decision-making body for this application. A legal notice was published in the local newspaper, and the application was routed to affected agencies. Adjacent property owners were notified by mail. Staff recommends approval of the development plan, with two conditions of approval, listed below. Public Comment Lonnie Sheldon/project engineer described how the stormwater drainage will function. Chris Eshelman/applicant stated he will continue to live on site, and expects the proposed project will have less noise impact to the neighbors than what is currently there. He understands the project approval depends on the right-of-way dedication and the approval of the variance. Public comment closed. Staff and Commission Discussion None. Conditions of Approval 1. An approved variance to lower original grade more than 12-feet is required and shall be approved prior to Planning Commission signatures on the Development Plan. 2. A 20-foot right-of-way dedication for Fish Creek Road by separate instrument shall be recorded and a copy with recordation notation shall be submitted to Community Development staff within 60-days of Development Plan approval date. It was moved (Foster/Murphree) to approve the Fish Creek Storage Development Plan according to findings of fact with findings and conditions recommended by staff and the motion passed 6- 0 with one absent. 7. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING BED AND BREAKFAST INNS Planner McCool stated this item was continued from the September Planning Commission meeting. This amendment would set forth an administration review process for B&Bs with eight and under occupants. The proposed amendment states B&Bs with nine or more occupants would be permitted by special review in all residential zone districts with the exception of the RM- 251 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall Residential Multi-Family district where it would be permitted by right. B&Bs are currently prohibited in all residential zone districts except RM. Staff reviewed the occupancy framework for Vacation Homes to establish regulations for B&Bs, and are proposing B&Bs be permitted by right in all residential zone districts for eight and fewer occupants. An on-site manager is required. Regarding occupancy requirements for the manager, the two guests per bedroom plus two would apply, with one of the rooms being for the manager. The extensive staff report and draft code language can be viewed in full on the Town website. Staff and Commission Discussion It was noted B&Bs would not be subject to the Vacation Home cap. The B&Bs would most likely be monitored by Host Compliance, and an annual registration would be required. They are comparable to home occupations. Comments included but were not limited to: clarification in the code regarding what will be monitored; B&Bs will have better control than Vacation Homes because the operator will live on site; multiple parties can stay on one property. Director Hunt stated there will need to be conversation with the Town and County building departments regarding applicable building, health and fire code regulations. There was discussion regarding an unintended consequence regarding the number of bedrooms allowed to be rented with on-site owners. The change in the code language could be made in the motion. Staff will do additional research to make sure all intentions are clear. Special review applications would allow the review of parking, lighting, etc. Public Comment Johanna Darden/town resident was opposed to allowing B&Bs in residential zone districts, saying it was unfair to full-time residents. Kristi Christopher/town resident stated the requirement of an on-site owner will keep guests under control. Jeff Robbins/town resident agreed with Ms. Christopher’s comment. B&Bs are a vital part of vacation communities and will add a lot to the Estes Valley. He commended Planning staff for their hard work on this amendment. Bob Welch/county resident was supportive of B&Bs, and questioned if a property owner could have both a B&B and a Vacation Home license. Tony Schetzsle/town resident was opposed to having business operations in residential neighborhoods, stating this was de facto rezoning. Public comment closed. 252 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall Staff and Commission Discussion None. It was moved and seconded (Baker/Foster) to recommend the Estes Park Town Board and Larimer County Board of Commissioners approve the text amendment to the Estes Valley Development Code as presented in Exhibit A as recommended by staff, with the following two revisions: 2.a.(2) add to the end of the first full sentence “in residential zone districts except the RM-Residential Multi-Family zone district”; 2.a(3) replace “subtracted from” with “added to”, and the motion passed 6-0 with one absent. 8. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE TO ADD A DEFINITION IN CHAPTER 13 FOR THE TERM “SINGLE-FAMILY USE”, AND TO AMEND TABLE 4-1 TO MATCH THE DEFINED USE Director Hunt stated there is no definition in the code for single-family use. The proposed amendment brings clarity to the code. There was discussion about the history behind limiting a single-family use to eight unrelated individuals. Director Hunt suggested additional discussion regarding the number of unrelated individuals at the November study session. It was moved (Foster/Hull) to recommend the Estes Park Town Board of Trustees and Larimer County Board of County Commissioners approve the text amendment to the Estes Valley Development Code as presented in Exhibit Red as recommended by staff and the motion passed 5-1 with one absent and Commissioner Baker voting against. Commissioner Baker disagreed with the definition of single-family use being limited to eight persons, stating it was not common language and could result in future problems. 8. AMENDMENT TO THE EVDC CODE SECTIONS 11.4.b AND 11.4.d TO ELIMINATE APPLICABILITY AND USE OF THE ATTAINBLE HOUSING DENSITY BONUS IN THE RE-1–Rural Estate, E-1–Estate, E–Estate, R–Residential, & R-2–Two-Family Residential ZONE DISTRICTS Director Hunt stated this text amendment would restrict the attainable housing density bonus to the RM–Residential Multi-Family zone district. The idea is approached with caution because it does take some potential properties off the table for workforce or attainable housing. There have been genuine concerns to keep single-family neighborhoods as such. This amendment would restrict the density bonus to only the RM zone district. Planning is about predictability, and this amendment would accomplish that goal for those residents owning property in single-family zone districts. Staff and Commission Discussion There was discussion regarding deed restrictions on multi-family units, and the mention that alternative mechanisms might be used in the future. EVDC Chapter 11 (Density Bonus) will need to be looked at more carefully to allow maximum flexibility with attainable/workforce versus market rate units. 253 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall Public Comment Johanna Darden/town resident asked for clarification on the amendment. Director Hunt explained it would the owner’s discretion as to whether or not a deed restriction would be placed on the property. Tony Schetzsle/town resident would support the code amendment. He was concerned about the changes in the code affecting the single-family neighborhoods. Justification was ironic. Public comment closed. It was moved (Hull/Murphree) to recommend the Estes Park Town Board of Trustees and Larimer County Board of County Commissioners approve the text amendment to the Estes Valley Development Code as presented in Exhibit Gamma Red as recommended by staff and the motion passed 6-0 with one absent. 10. AMENDMENT TO THE ESTES VALLEY DEVELOPMENT CODE REGARDING MAXIMUM RIDGELINE HEIGHT LIMIT FOR STEEPLY SLOPED GABLED & HIPPED ROOF STRUCTURES Director Hunt stated this was continued from the September 19th Planning Commission meeting. He stated the reason for continuance was to provide a better description as to where the measurements were initiated. It was requested to have more understanding of some of the construction terms that would directly affect the measurements. Charlie Phillips, residential plans examiner, was in attendance to answer questions. Illustrations were provided as part of the meeting materials. Staff and Commission Discussion There was discussion about how the measurements would apply. The Estes Valley has a lot of custom-built homes, but there had to be a line drawn somewhere. Director Hunt stated there was discussion with the Commission and local architects several months ago, where the recommendation was made to use averages. The past method of measuring height was confusing to developers. Director Hunt stated using a mean average was a classical approach for building height. Public Comment None. It was moved and seconded (White/Hull) to recommend the Estes Park Town Board of Trustees and Larimer County Board of County Commissioners approve the proposed code amendment as presented in Exhibit Red and the motion passed unanimously 6-0 with one absent. 11. REPORTS 254 RECORD OF PROCEEDINGS Estes Valley Planning Commission October 17, 2017 Board Room, Estes Park Town Hall A. Director Hunt stated the Town Board Study Session on December 12, 2017 will include a presentation by the Downtown Plan consultants, Winter and Company. Commissioners were encouraged to attend. The meeting location has yet to be determined. B. The December 12, 2017 Town Board Study Session will also include the strategic goals for 2018. Many of these goals concern planning and community development matters. C. Senior Planner Woeber reported the Colorado Department of Local Affairs (DOLA) will be offering a Planning Commissioner refresher workshop in Estes Park on Wednesday, November 29th from 4 – 6:30 p.m. in the Town Board Room. Other jurisdictions will be invited to this free training, and all Estes Valley Planning Commissioners are encouraged to attend. D. Commissioner White reported the one-year time period for vacation home review was coming up in December. She would like to revisit the provision, or absence of, the requirement for the property manager to respond to any complaints within thirty minutes. Director Hunt stated there are some minor amendments to propose, now that we have been working with the new regulations for one year. E. Director Hunt reported the County Commissioners are very interested in updating the Estes Valley Comprehensive Plan, and he saw no reason it could not be made a priority. There being no further business, Vice Chair Leavitt adjourned the meeting at 5:35 p.m. _________________________________ Russ Schneider, Chair __________________________________ Karen Thompson, Recording Secretary 255 12/7/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=vPUi2w7Prus.en.&view=pt&search=inbox&th=1602dbd5267f9632&siml=1602dbd5267f…1/1 Town Clerk <townclerk@estes.org> Raven Rock Development 1 message Linda Moak <pmoak@aol.com>Wed, Dec 6, 2017 at 2:31 PM To: townclerk@estes.org Dear Mayor Jirsa and Town Trustees, We would like to express our concerns regarding this proposed development between Mary's Lake Road and Highway 7. If approved, there will be a tremendous loss of wildlife habitat and a longstanding elk calving area. While a loss of view is a definite for the Arapahoe Estates residents as well as the Mary's Lake Lodge development, the density of the project abutting estate zoning is an issue that should be seriously considered. When we first moved to Estes Park in 1995, we participated in citizen input for the "comprehensive plan". It was our understanding that the view to the future for development was to avoid this very type of proposed build. Just because a developer meets the codes, does not mean that he fulfills the spirit of the comprehensive plan. We urge you to vote against this high density plan in an effort to preserve what is left of our town's open spaces. Sincerely, Robert & Linda Moak 3960 Little Valley Rd Estes Park, CO 80517 256 1 TO: Town Trustees, Estes Park FROM: Thomas Gootz DATE: December 7, 2017 REGARDING: Town Approval of Raven Rock Condo Proposal I would like to take this opportunity to express my concern over Town Board approval of the Raven Rock condominium proposal at Marys Lake Road. While the land in question is zoned A-1 and was annexed by the Town in 2017, I feel that the nature of the proposed development is not consistent with the overall development of the Marys Lake Road/ route 7 corridors. If this project is approved by the Town Board at its meeting on December 12, 2017, the approval will set a bad precedence for the Marys Lake rural region and equally important, for the inadequate notification procedures employed by the Town Planning division in this and other related projects. Should legal action against the Town result upon the Trustee’s approval of this project as currently designed, I would have to support the plaintiffs against this project. I have taken this position based on the following reasons. 1. The Raven Rock project plan was turned down by the Planning Commission in-part due to the inadequate notification procedures for the proposal in terms of surrounding home owners. The high density of this project planned on part of a large rural meadow that abuts several higher-end, single family homes is not consistent with established development patterns in the region. Such inadequate notification methods appear to be standard procedures of the Town Planning Group as cited in a public meeting of the County Commissioners in Fort Collins on November 20, 2017. At that meeting, an agenda item included a request for rezoning made by the Town concerning an adjacent 30-acre parcel referred to as Marys Lake Estates (review video tape of this meeting). At this meeting, Audem Gonzales represented the Town Planning Department advocating rezoning of this parcel from RE-1 to A1. The Commissioners declined to consider this proposal as it involved an unknown position of the Town regarding its interest in annexation of this parcel upon rezoning. Citizen input regarding this issue involved criticism of the inadequate notification of adjacent neighbors and local home owners regarding the rezoning proposal. Mr. Gonzales was reprimanded by Commissioner Gaitor regarding the habit of not practicing adequate posting and notification of rezoning proposals by the Town. Mr. Gaiter clearly indicated to Mr. Gonzales in general terms, that he “did not want to have the Estes Park Planning Group come before the County Commissoners requesting a ruling on land use changes unless the community had been properly notified in an effort to seek public input in a fair and adequate manner.” This same issue has been brought forward to the Town Planners regarding poor notification of the specific project plans and Town annexation of the Raven Rock land. Town Planners stated in their position recommendation that the 257 2 level of interest regarding Raven Rock Proposal was “low.” From a legal point of view, it could be concluded that the interest on the Raven Rock project was initially low, as a result of the intent of the Town not to use reasonable procedures (signs and wider neighbor contact) to allow fair public input on the project, including rezoning. This issue is serious and is not simply an issue of “in the future, we will try to do better.” Pushing through high density projects in a large, rural open parcel flanked by single family homes appears to be a direct method to prevent public input from long established neighbors who have invested hundreds of thousands of dollars in their homes. Home owners feel that this inadequate notification by the Town has enabled the approval of Raven Rock without proper input from neighbors. This may be an issue brought up in any legal action against the Town should this project as currently designed be approved. 2. A related issue that bothers me involves the (in)appropriate use of rezoning (with or without appropriate notification) as a way to gain approval of dense condo projects in rural areas of Town. While this parcel was rezoned A-1 in the 2000 Town/County rezoning effort, the Town Planning group is attempting to down-play the importance of the Town Comprehensive Plan as a guide for current home owners in providing input on the development of their neighborhoods. This makes rural regions of Estes Park very uncertain investments for current and future single family home ownership. This is a very current issue as evidenced by the actions of elected bodies including the Town Trustees and County Commissioners, who recently voted unanimously to limit high density bonuses for attainable housing to the MR zone only. Unfortunately, many developers and unelected advocacy groups such as the Economic Development Corporation have signaled their intent to use rezoning efforts of local parcels and denigration of the intent of the Comprehensive Plan in an effort to work-around the wishes of the general community. I would suggest that the land known as the “Raven Rock Project” be developed as 1 acre lots for single family homes. If done in a sensible manner, the objections of those living in this region should be diminished and the developer will still extract significant profit. I request that my letter be included as part of the public record of your meeting on December 12, 2017. Respectfully, Thomas Gootz Thomas Gootz 2855 Grey Fox Drive, Estes Park tdgootz@yahoo.com 258 Matthew D. Gordon 3200 E. Cherry Creek South Drive, Suite 200 Denver, Colorado 80209 mgordon@lafflaw.com 535 Promontory Drive Estes Park, Colorado 80517 November 6, 2017 To: Members of the Estes Park Town Board Members of the Estes Valley Planning Commission Estes Park Planning Department Re: Proposed Raven Rock Development Ladies and Gentlemen, I am a homeowner in the Promontory at Kiowa Ridge subdivision (Promontory), a community of 22 freestanding single-family homes southeast of Mary’s Lake. I am writing to you today regarding the proposed Raven Rock development, less than 100 feet from Promontory. And while I will describe my specific objections to the proposed development, I am also writing today to express my disappointment at the treatment that we, the residents of the Mary’s Lake neighborhoods, have received from the Town. I am a real estate and land use lawyer in Denver, and previously represented the Promontory at Kiowa Ridge Condominium Owners Association (COA). I have withdrawn as counsel to the COA so that I am free to communicate my concerns without speaking for others. I have, however, circulated this letter to my fellow Mary’s Lake neighborhood homeowners, and several of them have signed this letter with me. The property we’re concerned about (Site) is an unimproved meadow just below Mary’s Lake Lodge, north of Mary’s Lake Road. Please refer to the attached a Vicinity Map. The current owner of the Site (Developer) intends to develop 38 five-bedroom units in 19 duplex buildings, up to 30 feet tall, as proposed in the attached plan (Development Plan). Until this past summer, the Site was not part of the Town of Estes Park (Town). It had no access to Town services or utilities, and had little potential for profitable development. But, in June 2017, the Town annexed and zoned the Site (Annexation) knowing of the proposed Development Plan and disregarding the effect on, or opinions of, the affected neighbors. Before Annexation, the Site was undevelopable for want of utilities. After Annexation, the Developer is entitled to utility service from the Town and is entitled to develop it according to its zoning. Before Annexation, the Town could have just said no. After Annexation, the Town must allow some sort of development of the Site. The Town Complied With the Law, but Notified Nobody. The Town Board and its staff undertook this Annexation without any practical notice to the residents who would be affected by it. The Town appears to have complied with the requirements The Town of Estes Park November 6, 2017 Page 2 of State law by publishing notice of the Annexation hearings in the Legal Notices in the Estes Park Trail-Gazette. But the Town didn’t actually contact anyone who would be affected by the development of this beautiful meadow. Nobody really believes that published notice is an effective or realistic way of notifying stakeholders. I have worked on dozens of annexations in several Colorado cities, and I have never encountered a situation in which such a detrimental annexation was undertaken without actual notice to and solicitation of input from its neighbors. I am very concerned that the Town’s elected representatives and paid professionals would see fit to annex and entitle a piece of meadow land without a realistic warning to the effected homeowners. I would have thought you would have wanted to know what we thought. Had the neighbors been notified of the Annexation and the potential development, we would have attended the annexation hearing and objected vociferously. Instead, the Town took a piece of undevelopable land and turned it into a bonanza for one developer at the expense of the Mary’s Lake community, and did it under cover of darkness.1 The Town Board based its decision to annex the Site on a staff memo that reads exactly as you would expect given a process undertaken outside the public eye: it sought no input, it raises no questions: Disadvantages: None. Action Recommended: Planning Staff is recommending approval of the Raven Rock Addition Annexation application. Level of Public Interest: Low: There has been no written public comment received as of June 16, 2017.2 And that was that. Now that I have the chance, I will explain some of the disadvantages. I will question what was behind the Town staff’s recommendation. And as to the level of public interest, had the Town staff or the elected officials required the Developer to notify the neighbors, the Annexation would have been as contested as this Development Plan is now. What Were the Benefits to The Town? Almost without exception, annexation of residential land costs municipalities more than it generates in fees and other revenue. Generally, an annexing municipality will exact concessions or infrastructure obligations or other Town-wide benefits to justify a residential annexation. But the Raven Rock Developer brought nothing to the table to entice the Town staff to recommend 1 Even if you assume that the Town Board proceeded in good faith and assumed that the public would be heard during the platting process, the Promontory was not even notified of the platting process. When I made inquiry about this, I was told that there was no obligation to notify Promontory because our COA is not on the County Assessor’s roles. Promontory shows on the Planning Department’s notice list and 100- foot radius map, but they couldn’t seem to find us. Nonsense. 2 June 27,2017, Annexation Memorandum from Carrie McCool, Planning Consultant The Town of Estes Park November 6, 2017 Page 3 annexing Raven Rock. Raven Rock will benefit from Estes Park utilities, police and fire protection, snow removal, and other services. The neighborhoods get increased traffic, noise, and light. The Town annexed Raven Rock because, in the words of the Town staff, “. . . the annexation of this property will be easy for the Town of Estes Park and profitable for the accompanying districts.”3 The Town annexed this development project so that it could act as tax collector for other taxing districts (school, hospital, etc.), none of whom contribute to the Town's budget or pay one penny toward the staff’s salaries. And because it was “easy.” The Town’s records tell us that it is more important to our Town Board and its staff to enrich the out-of-state Developer and fill the outside taxing districts’ coffers than to look out for the interests of their own citizens. Now That It’s Annexed, What Will You Let the Developer Build? The Mary’s Lake area is made up primarily of single family homes spread over large tracts of land. Please see the attached Aerial Photo. While there is some townhome development around the Mary’s Lake lodge, these were entitled before the Town adopted its Comprehensive Plan, and were the result of a trade for a significant open space allocation from the developer. Until now, the Mary’s Lake area has reflected the goals and objectives of the Comprehensive Plan. The neighborhood is comprised mostly of low density, single family-detached homes.4 The Estes Valley Comprehensive Plan is not just a suggestion. It is incorporated into and is a part of the Estes Valley Development Code (Code), which reads in part (emphasis mine): Standards for Review. The recommending and decision-making entities shall review development plan applications and all submitted plans and reports, and evaluate them according to the following standards: 1. The development plan complies with all applicable standards set forth in this Code; and 2. The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan and any other relevant land use, parks and trails, capital improvement and other similar plans.5 Not only is it appropriate for the staff, the Commission, and the Town Board to consider the Comprehensive Plan when evaluating this Development Plan, it is mandatory.6 3 June, 2016 Town Staff Annexation Report 4 The Promontory development contains 22 detached three-bedroom homes totaling approximately 48,000 square feet on 8.6 acres. The proposed Raven Rock development contains 38 three level, five bedroom duplex units, 30 feet tall, containing approximately 130,000 square feet on less than 8.5 net acres. 5 Estes Valley Development Code. Chapter 3, Paragraph C. 6 The Colorado Supreme Court has held that Larimer County had the authority to require master plan compliance since Larimer County includes a master plan compliance provision in its Larimer County Land Use Code. See Board of County Commissioners v. Conder, 927 P.2d 1339 (1996). The Town of Estes Park November 6, 2017 Page 4 And yet, throughout the Annexation and now the Development Plan approval processes, Town officials continue to voice the misconception that compliance with Code is the sole criterion for evaluating this Development Plan.7 On the contrary, this Development Plan must be evaluated with an eye to the area in which it is situate, the mandates of the Comprehensive Plan, and with fairness to the current homeowners in the area. The Comprehensive Plan. The original Comprehensive Plan was adopted in 1996. In 2012 the Town directed the staff to modernize the plan and this modernization is still a work in progress. Relevant text from the Comprehensive Plan (both the 1996 plan and the updated draft contain virtually the same language) follows (all emphasis mine). Community Wide Policies (Future Land Use Within the Valley) The future land use portion of the plan focuses development so that more compact or urban types of development occur close to the Town core. More compact development patterns are also encouraged in areas which can easily be provided with urban services. In general, the plan focuses commercial development within the downtown core, and transitions to lower density commercial and accommodation uses and ultimately residential uses as one moves away from the center of the community. The Mary’s Lake neighborhood is five miles away from the downtown core, and has, until now, been a low density, single-family, detached residential area. Community Wide Policies (Natural & Scenic Resources): Maintain the quality of Estes Valley's scenic and natural resources; these resources are the keystone of the community's economic strength and quality of life. Protect the scenic character and visual quality of the open space and gateway experience to the Valley and Rocky Mountain National Park. 7 Community Development Manager, Randy Hunt, advised Commissioner Leavitt, “. . . no Comprehensive Plan should ever be used as the basis for approval or denial of a specific development project. Comp Plans are the basis for development codes, but they are not code or regulations in themselves and should never be cited as such.” After the October 17, 2017, Planning Commission meeting, Planner Gonzales advised the Developer and his consultants that they can ignore the public comments and references to the Comprehensive Plan regarding visual sensitivity as long as they are within code. At the last public meeting, Commissioner Schneider warned the public to limit its comments on this matter to matters related to Code compliance, “Telling us that you don’t like the development isn’t gonna cut it.” The Town of Estes Park November 6, 2017 Page 5 Ensure that new development minimizes the impact to visual and environmental quality within the Valley. The Site is now, and always has been, an open meadow and is a frequent grazing and migration path for deer, elk, and other wildlife. The open meadow is an essential view corridor for the Twin Sisters, Crags, and Mummy Range. The Development Plan before you now will destroy that open view. It contemplates tightly packed, 30-foot tall buildings that will have negative visual affect from all directions. Community Wide Policies (Community Design): Buildings that must be located in open areas should be clustered, designed and landscaped to blend into their surroundings to the maximum extent possible. Significant open areas should be retained between clusters of buildings to provide visual separation of structures. The Development Plan speaks for itself. Almost all the open space is between the buildings and in the detention facilities.8 The Developer made no effort to lay out buildings to maintain views, vegetation, wildlife habitat, or any other of the concerns raised by the neighbors and the Comprehensive Plan. Mary's Lake Neighborhood Special Considerations & Issues: Open meadow areas make up an important visual element, especially around Mary's Lake Lodge and the meadow along the lower portion of Cheley Camp. Preservation of these and other meadow areas will help to maintain the character of the area. Maintaining the visual quality along Highway 7 will become an important issue as development pressure increases within the area. See above. To fit the visual quality along Highway 7 in the area, only widely spaced, detached homes should be allowed in that meadow. Mary's Lake Neighborhood Development Guidelines: Require a minimum percentage of natural open space in all developments. Review density limits with incentives offered for open space. The Development Plan certainly provides a ‘minimum’ percentage of open space. There is no evidence that the Town sought any density limits or offered incentives for open space. Quite the contrary. Conclusion In conclusion, the Town Board, Commissioners, and staff have let down the Estes Park residents in the Mary’s Lake neighborhood. You annexed and entitled the Raven Rock parcel without even 8 In response to concerns voiced about open space, the Developer’s representative responded that the Code allowed them six to eight more units, which they “left on the table.” We should consider ourselves lucky. The Town of Estes Park November 6, 2017 Page 6 hearing the community's opinions. You turned an undevelopable meadow into a construction site for no reason. You disregarded the Code and the Estes Valley Comprehensive Plan. You empowered the Developer with a sense that he is entitled to the density he’s proposing because it is allowed by Code, and that he need not pay heed to the Comprehensive Plan or the concerns of the neighbors.9 The Raven Rock plan is too dense, too tall, is completely out of character with the area, and not even close to compliance with the Comprehensive Plan. For all these reasons, this Development Plan must be denied. Sincerely, Matthew D. Gordon We Concur! Mike Gould (gouldjm@icloud.com) Brenda Gould (blgould@gmail.com) 534 Promontory Drive Estes Park, CO 80517 James Stevens, COA President 528 Promontory Drive Estes Park, CO 80517 jajstevens@hotmail.com Bob (COA Director) and Pat Luther 518 Promontory Estes Park, CO 80517 bob.mo.luther@partners.mcd.com Marie Gordon, COA Director 535 Promontory Drive Estes Park, CO 80517 mariekgordon@outlook.com Doris E. Wagner 516 Promontory Drive Estes Park, CO 80517 gmadoris1@aol.com Arlene Aslanian 531 Promontory Drive Estes Park, CO 80207 Sunshinesmile2@comcast.net Kristy Killian (Krkred@aol.com) Larry Murphy (Larry@salestraq.com) 512 Promontory Drive Estes Park, CO 80517 Jeff and Patricia Van Bogaert 543 Promontory Drive Estes Park, CO 80517 hiker@tecxcel.com 9 See other public comments describing the Developer's arrogant approach to neighborhood meetings. No invitation to such a meeting was extended to Promontory, although I identified myself and the Promontory COA at the Planning Commission meeting. The Town of Estes Park November 6, 2017 Page 7 Ken and Cherie Martin 538 Promontory Dr Estes Park, CO 80517 kerogmartin@gmail.com James and Anne Sneary 530 Promontory Dr. Estes Park, Co 80517 annesneary@gmail.com Melinda Blatt 508 Promontory Drive Estes Park, CO 80517 melinda.blatt@gmail.com Rebecca and Reid Fischer 539 Promontory Dr. Estes Park, CO 80517 rfischer@shermanhoward.com David and Fran Schmidt 526 Promontory Drive Estes Park, CO 80517 schmidt_dg@hotmail.com Darren and Jason Rundell-Little. 510 Promontory Drive Estes Park, CO 80517 anns.chalet@att.net Adam P. Schiffer 547 Promontory Drive Estes Park, CO 80517 aschiffer@sohjlaw.com Kevin L. Conrad 2240 Arapaho Road Estes Park, CO 80517 conradk13@gmail.com Richard and Dawn James 351 Kiowa Drive Estes Park, CO 80517 rickdawnjames@tdsmail.com Tim and Bonita Pruch 321 Kiowa Drive Estes Park, CO timpruch@gmail.com Beverly Wright 315 Kiowa Drive Estes Park, CO 80517 estesbev2013@aol.com Mary and Mark Campbell 2758 Kiowa Trail Estes Park, CO 80517 camppeony@msn.com Greg and Phyllis Edelbrock 341 Kiowa Drive Estes Park, CO 80517 gregedel@hotmail.com Anne and Francois Chandou 100 Ute Lane Estes Park, CO 80517 annechandou@gmail.com François Chandou 100 Ute Lane Estes Park, CO 80517 fchandou@gmail.com StephenTyman (stephentyman@gmail.com) Sara Beardsworth sara.beardsworth@gmail.com 2421 Arapaho Road Estes Park, CO 80517 1 MEMORANDUM TO: ESTES VALLEY PLANNING COMMISSION FROM: RICHARD JAMES, ESQ., 351 KIOWA DRIVE, ESTES PARK, CO 80517 RE: RAVEN ROCK DEVELOPMENT PLAN – EVPC MEETING 11-14-2017 ____________________________________________________________________________ A question that arose during the Estes Park Planning Commission meeting on October 17, 2017 was whether a development plan application that complies with all the applicable standards set forth in the Development Code could be denied if it is inconsistent with the policies, goals and objectives of the Estes Valley Comprehensive Plan (hereinafter “Comprehensive Plan”). The Answer is Yes. Not only does the Planning Commission have the authority to require compliance with the Comprehensive Plan on all development plan applications, but it has a duty when reviewing development plan applications to review and evaluate whether t he development plan is consistent with the policies, goals and objectives of the Comprehensive Plan and any other relevant land us e, parks and trails, capital improvement and other similar plans . [1] THE COLORADO SUPREME COURT HAS RULED THAT A PLANNING COMMISSION CAN RELY ON NON-COMPLIANCE WITH THE COMPREHENSIVE PLAN TO DENY DEVELOPMENT PLANS In 1996, the Larimer County Board of County Commissioners denied a subdivision application on the basis that the proposed subdivision was inconsistent with the Larimer County Land Use Plan (hereinafter “Master Plan”) in several specified respects—in general, because the nature of the proposed development was not consistent with the contemplated rural character of the area. This decision was appealed all the way to the Colorado Supreme Court. The Colorado Supreme Court reviewed the issue of whether Larimer County could adopt a requirement in the Larimer County Land Use Code that subdivision proposals comply with the county's Master Plan provisions, and then rely upon non-compliance with Master Plan provisions in denying a subdivision application. Wherein the Colorado Supreme Court held that Larimer County had the authority to require master plan compliance since Larimer County includes a master plan compliance provision in its Larimer County Land Use Code. See Board of County Com'rs v. Conder , 927 P.2d 1339 (1996). [2] THE PLANNING COMMISSION HAS THE AUTHORITY TO REQUIRE COMPLIANCE WITH THE COMPREHENSIVE PLAN AND CAN RELY UPON NON-COMPLIANCE TO DENY RAVEN ROCK’S DEVELOPMENT PLAN APPLICATION. The Estes Park Planning Commission has the authority to require the Raven Rock development plan application comply with the Comprehensive Plan since it includes a Comprehensive Plan compliance provision in its Estes Valley Development Code, and therefore, the Planning Commission can rely upon non-compliance with the Comprehensive Plan in denying Raven Rock’s development plan application. The Estes Valley Development Code, Chapter 3 Review Procedures and Standards, Paragraph D Standards for Review states: D. Standards for Review. The recommending and decision-making entities shall review development plan applications and all submitted plans and reports, and evaluate them according to the following standards: 2 1. The development plan complies with all applicable standards set forth in this Code; and 2. The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan and any other relevant land use, parks and trails, capital improvement and other similar plans. (Ord. 17-17, § 1) The Planning Commission is a “recommending and decision-making entity” that reviews development plan applications. The Planning Commission shall review development plan applications and all submitted plans and reports and evaluate them according to both of the listed standards. The first standard is to insure the development plan complies with all applicable standards set forth in the Development Code. The second standard is that the development plan is consistent with the policies, goals and objectives of the Comprehensive Plan and any other relevant land use, parks and trails, capital improvement and other similar plans. The Estes Valley Development Code, Chapter 3 Review Procedures and Standards, Paragraph C Development Plan Approval Procedures states: C. Development Plan Approval Procedures. Applications for development plan and Special Review development plan approval shall follow the standard development approval process set forth in §3.2 of this Chapter, except for the following modifications: 1. Step 3: Staff Review and Report. All development plans subject to Staff review shall be reviewed by Staff, who shall take final action by either approving, approving with conditions or denying the application. Staff action on a development plan shall not be final and appealable until the Applicant complies with or accepts all conditi ons of approval. 2. Step 4: EVPC Review and Action. All development plans subject to EVPC review, as shown in Table 3 -3 above, shall be reviewed by the EVPC, who shall take final action by either approving, approving with conditions or denying the applica tion. (Ord. 17-17, § 1) Table 3-3 Development Plan Review Requirements Determining Factor Staff Review EVPC Review All Residential or Accommodations Development (Ord. 8-05 #1) Number of New Dwellings, Guest Units and/or RV pad/campsites (Ord. 8-05#1) 3 - 10 11 or more Major alterations that also entail alteration to the number of parking spaces, the configuration of parking, ingress, egress, water, sewer, drainage or lighting on the premises (Ord 18-01 #7; Ord. 8- 05 #1) 3-10 dwellings, guest units and/or RV pad/campsites (Ord. 8- 05 #1) 11 or more dwellings, guest units and/or RV pad/campsites (Ord. 8- 05#1) (Ord. 18-01 #6, 7; Ord. 8-05 #1; Ord. 17-17, § 1) 3 The Raven Rock development plan application is subject to EVPC review, and the Planning Commission has the authority to approve, approve with conditions or deny the application. For the reasons which follow the Planning Commission should deny the Raven Rock development plan application as it is inconsistent with the policies, goals and objectives of the Comprehensive Plan and any other relevant land use, parks and trails, capital improvement and other similar plans. [3] THE RAVEN ROCK DEVELOPMENT PLAN APPLICATION IS INCONSISTENT WITH THE POLICIES, GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN AND SHOULD BE DENIED. [A] The Development Plan Does Not Minimize Its Impact to the Scenic Character and Visual Quality of the Open Space and the Gateway Experience to the Valley and Rocky Mountain National Park. Estes Valley Comprehensive Plan Provisions Community Wide Policies (Future Land Use Within the Valley) The future land use portion of the plan focuses development so that more compact or urban types of development occur close to the Town core. More compact development patterns are also encouraged in areas which can easily be provided with urban services. In general, the plan focuses commercial development within the downtown core, and transitions to lower density commercial and accommodation uses and ultimately residential uses as one moves away from the center of the community. Community Wide Policies (Natural & Scenic Resources): Maintain the quality of Estes Valley’s scenic and natural resources; these resources are the keystone of the community’s economic strength and quality of life. Protect the scenic character and visual quality of the open space and gateway experience to the Valley and Rocky Mountain National Park. Ensure that new development minimizes the impact to visual and environmental quality within the Valley. Community Wide Policies (Community Design): Buildings that must be located in open areas should be clustered, designed and landscaped to blend into their surroundings to the maximum extent possible. Significant open areas should be retained between clusters of buildings to provide visual separation of structures. Mary’s Lake Neighborhood Special Considerations & Issues: Open meadow areas make up an important visual element, especially around Mary’s Lake Lodge and the meadow along the lower portion of Cheley Camp. Preservation of these and other meadow areas will help to maintain the character of the area. Maintaining the visual quality along Highway 7 will become an important issue as development pressure increases within the area. Mary’s Lake Neighborhood Development Guidelines: Require a minimum percentage of natural open space in all developments. Review density limits with incentives offered for open space. The Raven Rock development plan is inconsistent with the Comprehensive Plan requirement to transition to lower density accommodation uses as one moves away from the center of the town. The Raven Rock community is 4 miles from the center of town. The density of the Raven Rock development is also inconsistent with a transition to lower density in the Accommodation zoned areas surrounding Mary’s Lake Lodge. Even if you consider Mary’s Lake Lodge and the condos surrounding the lodge as the center of the Accommodation zoned area in the Mary’s Lake Neighborhood as it has the most density; the Raven Rock development is inconsistent with the Comprehensive Plan as it does not transition to a lower density accommodation use as one moves away from Mary’s Lake Lodge. Between the Raven Rock Development and the Mary’s Lake Lodge and Condos is The Meadow Development which is being built on a similar size development area and consists of 23 townhomes (standard 3 bedrooms, 2 levels, approximately 2,100sq.ft. townhomes). The 4 Raven Rock development plan has proposed 38 Townhomes (standard 5 bedrooms, 3 levels, approximately 3,486sq.ft. townhomes per their submitted drawings). The Arapaho Development on the other side of the Raven Rock development is a residential estate development with single family homes on large lots. To be consistent with the Comprehensive Plan, even within the Mary’s Lake Neighborhood, the Raven Rock development plan needs to lower its density to transition to be somewhere between the density levels of The Meadows Development and the Arapaho Development. Because the Density of the Raven Rock development plan does not transition to a lower density as required by the Comprehensive Plan, the density of the proposed Raven Rock development plan will eliminate this open meadow area and adversely change the character of the area. This High Density cluster of Townhomes will significantly impact the visual quality along Highway 7 and the scenic character and visual quality of the open space and gateway experience to the Valley and Rocky Mountain National Park. In addition, the Development Plan does not include “significant” open areas between clusters of buildings to provide visual separation of structures. [B] The Developer Refuses to Provide a Minimum Percentage of Natural Open Space Which Is Over And Above The Designated Wetland & Detention Areas. Estes Valley Comprehensive Plan Provisions Community Wide Policies (Future Land Use Within the Valley) The future land use portion of the plan focuses development so that more compact or urban types of development occur close to the Town core. More compact development patterns are also encouraged in areas which can easily be provided with urban services. In general, the plan focuses commercial development within the downtown core, and transitions to lower density commercial and accommodation uses and ultimately residential uses as one moves away from the center of the community. Community Wide Policies (Natural & Scenic Resources): Maintain the quality of Estes Valley’s scenic and natural resources; these resources are the keystone of the community’s economic strength and quality of life. Protect the scenic character and visual quality of the open space and gateway experience to the Valley and Rocky Mountain National Park. Ensure that new development minimizes the impact to visual and environmental quality within the Valley. Community Wide Policies (Community Design): Buildings that must be located in open areas should be clustered, designed and landscaped to blend into their surroundings to the maximum extent possible. Significant open areas should be retained between clusters of buildings to provide visual separation of structures. Mary’s Lake Neighborhood Special Considerations & Issues: The planning area is enclosed on three sides by steep slopes. The character of this area is, to a great degree, defined by its openness and views of undeveloped mountainsides. Future development within this area should preserve the visual integrity of the hillsides. Significant rock outcrops exist within the planning area, including The Finger, as well as Twin Sisters on the southern boundary. These outcrops are important scenic elements within the community. Mary’s Lake Neighborhood Development Guidelines: Require a minimum percentage of natural open space in all developments. Review density limits with incentives offered for open space Encourage private and public efforts to promote conservation easements. The Comprehensive Plan provides that the Planning Commission may require a minimum percentage of natural open space. The open space contemplated by the Developer is limited to the wetland/detention areas and the rock outcrop areas that they could not develop on. The meadow area that they are able to develop on is being developed at maximum Density. Not only is there insufficient open areas retained between the clusters of buildings to provide visual separation of structures, the development plan has units within close proximity to the rock outcrops and adjacent homes. 5 This request to review the Density and Open Space is not only provided for in the Comprehensive Plan, but there is precedent. One example of this precedent is The Meadow Development located on the other side of Mary’s Lake Road from this development that had also experienced similar challenges from neighbors related to its density and the elimination of the open meadow area. The Planning Commission recommended that the Developer meet with homeowners and COA/HOA subdivisions to listen to their concerns and put together a plan to address these concerns. The result was a development plan with significantly less density and a no build zone that extended beyond the wetland/detention areas to preserve the open meadow area and maintain the character of the area. Since the last Planning Commission meeting, the Raven Rock Out-of-State Developer (Mr. Mackey) met with The Meadow COA and Arapaho HOA, but unlike the Developer of The Meadow Development, Mr. Mackey failed to address any of their concerns. Mr. Mackey was unwilling to reduce the density footprint. Mr. Mackey was unwilling to provide a significant open area between the clusters of buildings to provide visual separation of structures. Mr. Mackey was unwilling to provide a view corridor or open space to accommodate residents and wildlife. Mr. Mackey was also unwilling to look into a conservation easement setting aside a natural open space between the rock outcrops and the adjacent homes. Why did Mr. Mackey refuse to address any of the homeowner concerns during this Meeting (which occurred immediately after Mr. Mackey’s meeting with homeowners Barbara & Michael Keilty)? The reason was clearly stated by homeowners Barbara & Michael Keilty on their October 30, 2017 letter to the Planning Commission, which states in pertinent part: ….At the last Planning Commission meeting we were encouraged by the Commissioners’ discussion of the topic of visual sensitivity. We asked Mr. Mackey to consider the elimination of units 35 through 38 both because of the uncontrolled drainage from those impervious surfaces and proximity of the buildings rising up 48 feet relative to the ground level of our home. Mr. Sheldon reported that shortly after the October 17th meeting of the Planning Commission, the planner, Audem Gonzales called to tell him that that he and Mr. Mackey can ignore the comments of the Commissioners regarding visual sensitivity as long as they are within code. … As stated above, not only is Mr. Gonzales’ statement to Mr. Sheldon & Mr. Mackey blatantly wrong as it ignores the requirement that the development plan application be consistent with the Comprehensive Plan, but it undermined the recommendation of the Planning Commission for Mr. Mackey to meet in good faith with the homeowners and COA/HOA representatives. As a direct result of Mr. Gonzales’ discussion with Mr. Sheldon shortly after the October 17th meeting of the Planning Commission, both Mr. Sheldon and Mr. Mackey were under the erroneous impression that they did not have to address any of the density, visual sensitivity or other requirements of the Comprehensive Plan. So why would Mr. Mackey not bother to put together a plan and meet in good faith to address their concerns, many of which were also expressed by the Planning Commissioners? Our educated guess is that it was becoming increasing clear that the fix was in among the staff at the Planning Department that as long as they are within code they can ignore the requirement to comply with the requirements of the Comprehensive Plan as they would make sure the Planning Commissioners fall in line at the next Planning Commission meeting and approve the development plan solely on the basis that they are within code. 6 [C] The Planning Commission Should Request the Engagement of the Colorado Division of Parks and Wildlife to Review and Comment on the Raven Rock Development Plan. Estes Valley Comprehensive Plan Provisions Mary’s Lake Neighborhood (Wildlife): Wildlife is abundant within the entire planning area. The diverse topography and vegetation, combined with Fish Creek Drainage, create excellent wildlife habitat. Elk as well as deer can be found in the area on a year-round basis. During the summer months, the animals retreat to the higher elevations. Mary’s Lake Neighborhood Special Considerations & Issues: Numerous meadow areas and drainageways create habitats that should be preserved for wildlife. Mary’s Lake Neighborhood Development Guidelines: Develop comprehensive wildlife preservation standards. On October 27, 2017, an e-mail was sent to Audem Gonzales, Planner II, from homeowner Dawn James which stated: My question to you is specific to any actions taken by you, Mr. Hunt, the Planning Commissioners, or any other local municipality representative that would have requested the assistance of the Colorado Division of Parks and Wildlife (CPW) to provide input on the impact to the elk, or other migratory animals, that the Raven Rock development would have. I understand that requests can only be made to CPW by the local municipality, thus my question posed. Known to many of us here in Estes Park, the CPW has the responsibility of the elk’s welfare outside of the RMNP and would be the appropriate agency to answer many concerns raised in public comment and by the Commissioners. To date, there has been no reply from Mr. Gonzales. Larry Rogstad, Department of Natural Resources, is the contact person within CPW that would assist in obtaining a CPW review and comment on the Raven Rock development plan application. Mr. Rogstad indicated that CPW would only engage upon request by the City. If the Staff within the Planning Department is unwilling to engage CPW, the Planning Commissioners should request the engagement of CPW. An advisory opinion from CPW would be utilized to address two issues: (1) to provide recommendations to the design of the Raven Rock development to preserve wildlife habitats; and (2) assist in the preparation of a Resource Management Plan to address what actions will be instituted to protect human-wildlife conflict during construction and post construction. A Resource Management Plan was required in the Parking Structure development. The Planning Commission should likewise require a Resource Management Plan for the Raven Rock development plan which would be consistent with the Comprehensive Plan development guidelines for the Mary’s Lake neighborhood area to preserve the habitats of the abundant elk & deer that frequent the development area. In conclusion, the proposed Raven Rock Development Plan is incompatible with the Comprehensive Plan. To be consistent with the Comprehensive Plan, the Development density should be reduced to provide more natural open space. In addition, the Planning Commissioners should request the engagement of CPW to provide recommendations to the design of the Raven Rock development to preserve wildlife habitats and a Resource Management Plan to protect human-wildlife conflict during construction and post construction. Therefore, as submitted the Planning Commission should deny the Raven Rock Development Plan application. 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490dd…1/21 Town Clerk <townclerk@estes.org> FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED ON TO DENY A DEVELOPMENT PROJECT! Rick Dawn James - New <rickdawnjames@tdsmail.com>Mon, Dec 11, 2017 at 9:48 PM To: townclerk@estes.org Cc: Karen Thompson <kthompson@estes.org>, RICKDAWNJAMES - NEW <rickdawnjames@tdsmail.com> Town Clerk: It appears that the public comments presented to the Planning Commissioners during the review of the Raven Rock development are not complete in the “current packet ” that is posted online in preparaon for tomorrow ’s Town Board Meeng. This is very concerning as only a few documents from the cizens of Estes Park have been included. How can this be remedied prior to the meeng tomorrow? The documents provided or selected for the Trustee packets are very one-sided and has le many of the residents that had submied comments with the impression that their omission may have been deliberate. I would appreciate your assistance. Thank you – Dawn James 623-363-9300 From: Rick Dawn James - New [mailto:rickdawnjames@tdsmail.com] Sent: Monday, December 11, 2017 9:39 PM To: 'Karen Thompson' <kthompson@estes.org>; 'Robert H Foster, EVPC' <rfoster@estes.org> Cc: 'Randy Hunt' <rhunt@estes.org>; 'Russ Schneider' <rschneider@estes.org>; 'Bey Hull' <bhull@estes.org>; 'Steve Murphree' <smurphree@estes.org>; 'Bob Leavi' <bleavitt@estes.org>; 'Doyle Baker' <dbaker@estes.org>; 'Sharry White' <swhite@estes.org>; 'Town of Estes Park - Planning Division' <planning@estes.org>; 'Rnorris' <rnorris@estes.org>; 'Todd Jirsa' <tjirsa@estes.org>; 'Wendy Koenig' <wkoenig@estes.org>; 'Bob Holcomb' <bholcomb@estes.org>; 'Patrick Martchink' <pmartchink@estes.org>; 'Ward Nelson' <wnelson@estes.org>; 'Cody Walker' <cwalker@estes.org>; 'Thomas Gootz'' <tdgootz@yahoo.com>; 'Chandou Anne' <annechandou@gmail.com>; 'kevin conrad' <conradk13@gmail.com>; 'Ma Gordon' <mgordon@lafflaw.com>; 'beverly wright' <estesbev2013@aol.com>; 'Michael Keilty' <michaelkeilty@hotmail.com>; 'Barbara Keilty' <estesparkbarbara@gmail.com>; 'lycanman0187@outlook.com' <lycanman0187@outlook.com>; 'gouldjm@icloud.com' <gouldjm@icloud.com>; 'rhfoster34' <robert@roberthfosterlaw.com> Subject: RE: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED ON 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490dd…2/21 TO DENY A DEVELOPMENT PROJECT! Importance: High Hi Karen, Preparing for tomorrow ’s Town Board meeng, I noce that nearly all of the public comments related to the Raven Rock appeal were omied from the packet that was prepared for the Trustees. It appears that all of the Raven Rock developer ’s documents, notes to Commissioners, etc and the Planning Department ’s documents are complete. Who do I reach out to to get the wrien public comments included in the packet for the appeal process? This is very concerning. Thank you – Dawn James 623-363-9300 From: Karen Thompson [mailto:kthompson@estes.org] Sent: Friday, November 3, 2017 3:09 PM To: Robert H Foster, EVPC <rfoster@estes.org> Cc: RICKDAWNJAMES - NEW <rickdawnjames@tdsmail.com>; Randy Hunt <rhunt@estes.org>; Russ Schneider <rschneider@estes.org>; Bey Hull <bhull@estes.org>; Steve Murphree <smurphree@estes.org>; Bob Leavi <bleavitt@estes.org>; Doyle Baker <dbaker@estes.org>; Sharry White <swhite@estes.org>; Town of Estes Park - Planning Division <planning@estes.org>; Rnorris <rnorris@estes.org>; Todd Jirsa <tjirsa@estes.org>; Wendy Koenig <wkoenig@estes.org>; Bob Holcomb <bholcomb@estes.org>; Patrick Martchink <pmartchink@estes.org>; Ward Nelson <wnelson@estes.org>; Cody Walker <cwalker@estes.org>; Thomas Gootz' <tdgootz@yahoo.com>; Chandou Anne <annechandou@gmail.com>; kevin conrad <conradk13@gmail.com>; Ma Gordon <mgordon@lafflaw.com>; beverly wright <estesbev2013@aol.com>; Michael Keilty <michaelkeilty@hotmail.com>; Barbara Keilty <estesparkbarbara@gmail.com>; lycanman0187@outlook.com; gouldjm@icloud.com; rhfoster34 <robert@roberthfosterlaw.com> Subject: Re: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED ON TO DENY A DEVELOPMENT PROJECT! Dear All, Regarding Commissioner Foster's preference to receive comments prior to the meeting, may I please request that all written comments for the November 14th Planning Commission meeting be submitted to me no later than noon on Wednesday, November 8, 2017. This will allow time to get them organized and in the notebooks. The plan is for PC notebooks to be ready for pick up by noon on Thursday, November 9th. Comments received after this deadline will be emailed to Commissioners and staff in a timely manner. Depending on volume, hard copies may or may not be provided. Please let me know if you have any questions. 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490dd…3/21 Karen Thompson Executive Assistant Community Development Department Town of Estes Park Phone: 970-577-3721 Fax: 970-586-0249 kthompson@estes.org On Fri, Nov 3, 2017 at 12:03 PM, Robert H Foster, EVPC <rfoster@estes.org> wrote: Re: Raven Rock Proposed Preliminary Townhome Subdivision and Development Plan Dear All, As a member of the Planning Commission, and pending possible further direction, I am going to assume that indeed the Planning Commission may take into consideration comments from the public concerning a Development Plan's consistency (or lack thereof) with the Estes Valley Comprehensive Plan prior to approval of the Development Plan. In this circumstance, I would prefer to receive comments from all sources regarding consistency with the Comp Plan prior to, rather than at, the meeting, presently scheduled for November 14, 2017. This gives me time to digest their substance. Thank you. Robert H. Foster, Commissioner (303) 901-9611 rfoster@estes.org On Wed, Nov 1, 2017 at 3:57 PM, RICKDAWNJAMES - NEW <rickdawnjames@tdsmail.com> wrote: Randy Hunt and Planning Commissioners: I along with the many Estes Park residents that have submitted Public Comment are very concerned with your statements in your October 26th e-mail reply to questions from Planning Commissioner Bob Leavitt in which you state, in pertinent part: … No Comprehensive Plan should ever be used as the basis for approval or denial of a development project …. ….. On the wider picture of plan review, the candid answer is that projects like Raven Rock – by which I mean, development plans that are for uses allowed by right and are designed according to development standards that meet Code – should not go to Planning Commission for final decision at all. I acknowledge that our Code is written to send them to Planning Commission anyway, but that is a legally questionable 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490dd…4/21 Code requirement. Planning Commission is a quasi-judicial body and does not have discretionary authority to make final decisions on quasi-judicial matters. You do of course have recommending authority. … [1] THE COLORADO SUPREME COURT HAS RULED THAT A PLANNING COMMISSION CAN RELY ON NON- COMPLIANCE WITH THE COMPREHENSIVE PLAN TO DENY DEVELOPMENT PLANS. As set forth in more detail in the attached Memorandum: In 1996, the Larimer County Board of County Commissioners denied a subdivision application on the basis that the proposed subdivision was inconsistent with the Larimer County Land Use Plan (hereinafter “Master Plan”) in several specified respects—in general, because the nature of the proposed development was not consistent with the contemplated rural character of the area. This decision was appealed all the way to the Colorado Supreme Court. The Colorado Supreme Court reviewed the issue of whether Larimer County could adopt a requirement in the Larimer County Land Use Code that subdivision proposals comply with the county's Master Plan provisions, and then rely upon non-compliance with Master Plan provisions in denying a subdivision application. Wherein the Colorado Supreme Court held that Larimer County had the authority to require master plan compliance since Larimer County includes a master plan compliance provision in its Larimer County Land Use Code. See Board of County Com'rs v. Conder, 927 P.2d 1339 (1996). Mr. Hunt, your statement that "no Comprehensive Plan should ever be used as the basis for approval or denial of a development project" is contrary to Colorado Law! The Colorado Supreme Court has ruled otherwise, and the Larimer County Board of County Commissioners denied a development project on the basis of its non-compliance with their Comprehensive Plan. As stated below and in more detail in the attached Memorandum, the Estes Valley Development Code includes a Comprehensive Plan compliance provision…. one that I might add is more clear and unambiguous than the Larimer County provision upheld by the Colorado Supreme Court. [2] The staff within the Planning Commission is under the erroneous impression that if a proposed development Plan meets all the Code requirements it must be approved. There are TWO requirements that must be met in order for a development plan to be approved: The Estes Valley Development Code, Chapter 3 Review Procedures and Standards, Paragraph D Standards for Review states: D. Standards for Review. The recommending and decision-making entities shall review development plan applications and all submitted plans and reports, and evaluate them according to the following standards: 1. The development plan complies with all applicable standards set forth in this Code; and 2. The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan and any other relevant land use, parks and trails, capital improvement and other similar plans. (Ord. 17-17, § 1) [3] The Planning Commissioners appeared to acknowledge during the past two EVPC Meetings that the Raven Rock development plan is the "Poster Child" of a development plan that meets the code requirements but is inconsistent with the policies, goals and objectives of the Comprehensive Plan. Again, the attached Memorandum sets forth in detail the Comprehensive Plan requirements and the reasons why the Raven Rock development plan application is inconsistent with the Comprehensive Plan and must be Denied. The Comprehensive Plan is not an advisory document; but MUCH MORE as it is one of two standards that must be met in order for the EVPC to approve a development plan application. 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490dd…5/21 [4] At the last EVPC Meeting the Planning Commissioners recommended that the Developer meet with the impacted homeowners and HOA/COA representatives. As set forth in attached Memorandum, any hope by the Planning Commissioners that the Developer would address the concerns raised by the impacted homeowners and HOA/COA representatives during these meetings was undermined by staff at the Planning Department. As clearly stated by homeowners Barbara & Michael Keilty on their October 30, 2017 letter to the Planning Commission, which states in pertinent part: ….At the last Planning Commission meeting we were encouraged by the Commissioners’ discussion of the topic of visual sensitivity. We asked Mr. Mackey to consider the elimination of units 35 through 38 both because of the uncontrolled drainage from those impervious surfaces and proximity of the buildings rising up 48 feet relative to the ground level of our home. Mr. Sheldon reported that shortly after the October 17th meeting of the Planning Commission, the planner, Audem Gonzales called to tell him that that he and Mr. Mackey can ignore the comments of the Commissioners regarding visual sensitivity as long as they are within code. … As a direct result of Mr. Gonzales’ discussion with Mr. Sheldon shortly after the October 17th meeting of the Planning Commission, both Mr. Sheldon and Mr. Mackey were under the erroneous impression that they did not have to address any of the density, visual sensitivity or other requirements of the Comprehensive Plan. [5] For all the reasons stated in the attached Memorandum, several of which were echoed by the Planning Commissioners during the past two EVPC Meetings, the Raven Rock development plan must be DENIED at the upcoming EVPC Meeting. [6] I respectfully disagree that projects like Raven Rock (which are subject to EVPC Review because it is an Accommodations proposed development plan of 11 or more buildings) should not go before before the EVPC for all the reasons which are set forth in great detail in the attached Memorandum. I have posted the attached Memorandum in the Public Comments section of the Raven Rock development plan application for review by the Planning Commissioners prior to the November 14, 2017 Meeting. [7] Furthermore, until a Standard Process is put in place within the Planning Department that includes a comprehensive checklist and actions which must be taken to insure that development plan applications are consistent with the Comprehensive Plan there should be no changes made to the development plan review process. There would need to be a period of oversight by the Planning Commission so that they are comfortable that the standard processes are being followed. [8] Mr. Hunt, we respectfully request you post in the EVPC Meeting Packet for the 11-14-2017 EVPC Meeting that is visible to the PUBLIC the "Nov. 14 packet regarding what can and can't be considered in the Raven Rock and similar development plan matters" so the Public has time to review and comment on it in the event the materials in the packet attempt to restrict the Planning Commissioners from performing their duty to review the Raven Rock development plan to insure it is consistent with the Comprehensive Plan and the Planning Commissioners are correctly informed that they have the right to DENY the Raven Rock development plan if they determine it is inconsistent with the policies, goals and objectives of the Comprehensive Plan and any other relevant land use, parks and trails, capital improvement and other similar plans. I along with many Estes Park residents are very appreciative of the work being done by Planning Commissioners to insure a full and fair review of the Raven Rock development plan to insure that it not only meets the Development Code standards; but that they are putting the "Planning" back in the role of a Planning Commissioner to insure that the Raven Rock development plan (and all future development plans submitted for their review) also satisfy the requirement that the development plan is consistent with the policies, goals and objectives of the Comprehensive Plan. 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490dd…6/21 Respectfully submitted, Richard P. James, Esq. 351 Kiowa Drive Estes Park, CO 80517 __________________________________________________________________________________________ ____________________________________________________________________ Randy Hunt, AICP Oct 26 Other recipients: blea...@estes.org, rschn...@estes.org, rfo...@estes.org, smur...@estes.org, bh...@estes.org, swh...@estes.org, dba...@estes.org, rno...@estes.org, ktho...@estes.org, agon...@estes.org, rbe...@estes.org, jwo...@estes.org, lha...@estes.org, tku...@estes.org, wbirc...@estes.org, ctrau...@estes.org, cphi...@estes.org, jwi...@estes.org, flanc...@estes.org, tmac...@estes.org, whit...@co.larimer.co.us, rh...@estes.org Bob, These are good and useful questions; thank you for asking. Some deserve more detailed responses, and as you note, some are better addressed in a study session. We’ll review with Russ to see if discussion can be put on the Nov. 14 study session, or possibly a later one. I’ve put brief replies to all of them below each question – see below. 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490dd…7/21 Thanks again! RAH ----- Randy Hunt, AICP Community Development Director Town of Estes Park 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 direct: 970-577-3719 main: 970-577-3721 email: rh...@estes.org http://www.estes.org From: Bob Leavitt Sent: Wednesday, October 25, 2017 4:49 PM To: Randy Hunt; Russ Schneider Cc: Karen Thompson Subject: Re: Planning Questions In looking this over, it's would probably be better to say, "Is it appropriate for the PC to" rather than "Should the PC". In other words, is it reasonable for the PC to be addressing a particular topic. Thanks, Bob 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490dd…8/21 Bob Leavitt Estes Valley Planning Commission On Wed, Oct 25, 2017 at 3:33 PM, Bob Leavitt <blea...@estes.org> wrote: Randy, I have some questions as a follow up to our last Planning Commission meeting. Some of these can probably be answered by you in a subsequent email and others will need to be discussed in a study session. We can not discuss them here due to open meeting rules. Please reply with answers where you can and place the others, in consultation with Russ, on a future study session agenda. Also please send your response to the entire Planning Commission. 1) When will revising the Comprehensive Plan be addressed? Will this be spearheaded by Community Development with PC participation or the other way around? RAH: It will be spearheaded by staff, with advice and consultation from Planning Commission, elected officials, and stakeholders. I am waiting for a callback from the County as follow-up from some questions raised at the joint Town + County study session on Mon., Sep. 18, so we can discern several specifics on the Commissioners are expecting. Meanwhile, our staff is gearing up for the Comp Plan revision with the statistical template that Commissioner Hull and others provided this past spring. I think a reasonable goal, as we discussed at PC earlier this year on several occasions, is a short and straightforward Comp Plan. A Comp Plan should be broad and general and should articulate goals and objectives that touch the entire community of stakeholders, rather than narrow interest groups, in our view. I do not envision including a Future Land Use map, neighborhood plans, or other overly specific elements. However, as we discussed, Corridor Plans are valuable and important. A Corridor Plan is along major transportation routes (e.g., our state highways), but encompasses much more than just transportation issues, although those are of 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490dd…9/21 course a key element. The Corridor Plan idea is still viable and I would like to consider that next after the overall Comp Plan is done and adopted. 2) On the website there is both the original Comp Plan and the "Modernized" version. Is it appropriate for the Modernized version to be used by the public, the PC, and Community Development to build a case for approval or denial of a proposed project? It is certainly being used by the public for this purpose. RAH: I believe the Modernized version is the official updated Plan, although that needs to be checked and confirmed. No Comprehensive Plan should ever be used as the basis for approval or denial of a specific development project. Comp Plans are the basis for development codes, but they are not code or regulations in themselves and should never be cited as such. We need to be clearer on this subject, as I agree that we have seen the Comp Plan being cited in that fashion. My Nov. 14 memo on Raven Rock (see below) will cover this aspect. 3) Should future projects like Raven Rock come to the PC before they reach the point where a great deal of work has gone into the development plan? Should there be triggers or conditions that indicate a project should come to the PC early in the process? Should large annexations (above a certain size) come to the PC? RAH: We will have a detailed memo in your Nov. 14 packet regarding what can and can’t be considered in the Raven Rock and similar development-plan matters. Frankly, I think we wandered into risky territory with some of the discussion and questions in September and October. On the wider picture of plan review, the candid answer is that projects like Raven Rock – by which I mean, development plans that are for uses allowed by right and are designed according to development standards that meet Code – should not go to Planning Commission for final decision at all. I acknowledge that our Code is written to send them to Planning Commission anyway, but that is a legally questionable Code requirement. Planning Commission is a quasi-judicial body and does not have discretionary authority to make final decisions on quasi- judicial matters. You do of course have recommending authority. (As I recall, neither you, nor Commissioners Foster and Baker were there for the Vacation Homes legal discussion last December 15th, when the County and Town Attorneys outlined the legal difficulty for Planning Commission as a final decision-making body. It’s probably a good idea to ask the Attorney(s) to revisit this at a future PC Study 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…10/21 Session, as almost ½ of you are new to the Commission and did not hear that discussion. I’ll check with both offices.) Regarding a great deal of work going into the development plan – if we on the staff (not just Community Development, but also Public Works, Utilities, Fire District, County Engineering, etc.) do our jobs properly, that work will have already been done before anything reaches the PC stage. We need to find a way to make these early stages more transparent to stakeholders, because I think it always looks like plans show up out of left field by the time they get to formal PC review. 4) What's next for the Mary's Lake Estates properties that the PC voted against rezoning to A-1? Will it go to the Town Board? If so, when? It's important that the Town Board have, in writing, the reasons for the PC's vote. RAH: Mary’s Lake Estates is in the County, and will go to the Board of County Commissioners for rezoning decision on Mon., Nov. 20. County projects don’t have a clear-cut process for directly transmitting PC reasoning to the County Commissioners – unlike the Town Board, where our Liaison provides this information. This is an area we need to work on. One possibility (which unfortunately involves some trouble and expense) would be for a County- appointed PC member to attend the relevant County hearings in Fort Collins. We are working on a dedicated Skype link for Town attendance at County hearings. (I think it’s something like Skype… the technology is a mystery to me!) Asking a PC member to join these Skype proceedings might be an option. I’ll talk with the County about this. I must report that the staff will convey our recommendation to the County Commissioners for approval of the Mary’s Lake Estates rezone. We will of course convey that the PC vote was to recommend denial. In fact, we (staff) are required by our Code of Ethics as AICP members to bring both of those recommendations forward to the governing body. 5) Should the PC look into what's going to happen to the rest of the valley below Mary's Lake? RAH: Yes, especially with regard to transportation, drainage, utilities, and other systems. All of Estes Valley Development Code area inside a triangle formed by Little Prospect Mountain, Little Valley/ upper Fish Creek, and Ram’s Horn Mountain, needs attention. Mary’s Lake Road getting its own Corridor Plan would be a good start on that. I should note that a Corridor Plan isn’t necessarily just the properties that touch the “spinal” road corridor; it can be a wide territory. I think the triangle area could be covered by three future Corridor Plans: Mary’s Lake Road, Hwy. 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…11/21 7, and Fish Creek Road + Little Valley Rd. We would want to integrate the Corridor Plans and show how they interact along their edges and transitions. On Corridor Plans overall: None of this will be overnight results, needless to say – it’s a task list that needs to be developed and needs to be kept active. I would like to say it won’t take years to get them done, but under current resources, there’s no way to do it more quickly. We have a staff of 7 in Planning division right now, and will likely be going down to 6 in 2018, having lost a position in the proposed budget. 6) Should the PC look at other open spaces across the Estes Valley that are likely targets for development? Not that we would necessarily oppose their development, but just to be aware of what's out there? The Modernized Comp Plan also addresses this topic. RAH: Yes. Some of this can be done in Corridor Plans. Many communities also have an Open Space Plan. That has a lot of possibilities. (Caveat: That also costs money. High-quality Open Space Plans require technical input, such as geotechnical, edaphological, environmental, and similar systems integration). 7) How many B&B requests are waiting to be licensed? When will licensing begin? RAH: I think it’s approx. four not yet operating. We also have around the same number that are grandfathered. I would expect the permitting to get underway after the amendment is adopted, but I think some of the owner- operators aren’t here in the winter… so it’s hard to say. As with Vacation Homes, we’ll be glad to give updates as patterns and trends emerge. 8) Should there be a cap on B&B's in residential zones? RAH: In theory, it could be considered. In practice, we would need science to establish any cap that isn’t arbitrary and capricious and thus legally suspect. You may recall that the 599 cap on vacation homes came from data 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…12/21 provided by iCompass on the existing number of VHs last year. I’ll talk with Linda on whether any data can be obtained on B&Bs. With that said, I don’t think we will be overwhelmed by B&Bs in the near future. They aren’t as popular nowadays as vacation homes. Of course, vacation accommodations preferences are subject to trends and fads, like most any social phenomenon. I have said for years now that Vacation Blimps might be the next cool thing, and we won’t have to worry about land use any more because they will be air uses. (In Florida I added Vacation Submarines to the list, but I don’t think we have the capability for those in Estes Valley…) 9) Can a property have both a B&B and a Vacation Rental License? In one person's testimony he talked about the desirability of having this flexibility, depending on whether he was in-residence or living/traveling elsewhere. RAH: Yes, but it’s going to need precise record-keeping! We are working on this process. The properties can in principle have three “uses” at different, non-overlapping times during the year: Vacation Home, B&B, and regular dwelling unit. Tis is complicated to keep sorted out and we need to get a handle on it, which we are working on before busy season shows up in 2018. Thanks, Bob Bob Leavitt Estes Valley Planning Commission 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…13/21 Rnorris Oct 26 Other recipients: rh...@estes.org, b...@bobleavitt.com, flanc...@estes.org Good questions by Bob, and good dialogue. Randy: A suggestion. I think it would be good for the two elected Boards to get updates from their attorneys on the Planning Commission's authority to make only recommendations, as opposed to final decisions. Should make sure the Boards are in agreement before this is reviewed with the PC. This will reduce the likelihood of misunderstandings, confusion, chaos, mayhem, etc. Thanks, Ron - show quoted text - Randy Hunt Oct 26 Other recipients: rno...@estes.org, b...@bobleavitt.com, flanc...@estes.org Ron, I agree, and will pass along to Greg and to the County staff. There is more nuance to the final-authority issue than I was able to do justice to in a few sentences, so the legal clarifications will be useful. Thanks - RAH Thanks, RAH ----- Randy Hunt, AICP 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…14/21 Community Development Director Town of Estes Park 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 direct: 970-577-3719 main: 970-577-3721 email: rh...@estes.org http://www.estes.org - hide quoted text - On Thu, Oct 26, 2017 at 1:28 PM, Rnorris <rno...@estes.org> wrote: Good questions by Bob, and good dialogue. Randy: A suggestion. I think it would be good for the two elected Boards to get updates from their attorneys on the Planning Commission's authority to make only recommendations, as opposed to final decisions. Should make sure the Boards are in agreement before this is reviewed with the PC. This will reduce the likelihood of misunderstandings, confusion, chaos, mayhem, etc. Thanks, Ron On Oct 26, 2017, at 7:58 AM, Randy Hunt, AICP <rh...@estes.org> wrote: Bob, These are good and useful questions; thank you for asking. Some deserve more detailed responses, and as you note, some are better addressed in a study session. We’ll review with Russ to see if discussion can be put on the Nov. 14 study session, or possibly a later one. I’ve put brief replies to all of them below each question – see below. 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…15/21 Thanks again! RAH ----- Randy Hunt, AICP Community Development Director Town of Estes Park 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 direct: 970-577-3719 main: 970-577-3721 email: rh...@estes.org http://www.estes.org From: Bob Leavitt Sent: Wednesday, October 25, 2017 4:49 PM To: Randy Hunt; Russ Schneider Cc: Karen Thompson Subject: Re: Planning Questions In looking this over, it's would probably be better to say, "Is it appropriate for the PC to" rather than "Should the PC". In other words, is it reasonable for the PC to be addressing a particular topic. Thanks, 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…16/21 Bob Bob Leavitt Estes Valley Planning Commission On Wed, Oct 25, 2017 at 3:33 PM, Bob Leavitt <blea...@estes.org> wrote: Randy, I have some questions as a follow up to our last Planning Commission meeting. Some of these can probably be answered by you in a subsequent email and others will need to be discussed in a study session. We can not discuss them here due to open meeting rules. Please reply with answers where you can and place the others, in consultation with Russ, on a future study session agenda. Also please send your response to the entire Planning Commission. 1) When will revising the Comprehensive Plan be addressed? Will this be spearheaded by Community Development with PC participation or the other way around? RAH: It will be spearheaded by staff, with advice and consultation from Planning Commission, elected officials, and stakeholders. I am waiting for a callback from the County as follow-up from some questions raised at the joint Town + County study session on Mon., Sep. 18, so we can discern several specifics on the Commissioners are expecting. Meanwhile, our staff is gearing up for the Comp Plan revision with the statistical template that Commissioner Hull and others provided this past spring. I think a reasonable goal, as we discussed at PC earlier this year on several occasions, is a short and straightforward Comp Plan. A Comp Plan should be broad and general and should articulate goals and objectives that touch the entire community of stakeholders, rather than narrow interest groups, in our view. 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…17/21 I do not envision including a Future Land Use map, neighborhood plans, or other overly specific elements. However, as we discussed, Corridor Plans are valuable and important. A Corridor Plan is along major transportation routes (e.g., our state highways), but encompasses much more than just transportation issues, although those are of course a key element. The Corridor Plan idea is still viable and I would like to consider that next after the overall Comp Plan is done and adopted. 2) On the website there is both the original Comp Plan and the "Modernized" version. Is it appropriate for the Modernized version to be used by the public, the PC, and Community Development to build a case for approval or denial of a proposed project? It is certainly being used by the public for this purpose. RAH: I believe the Modernized version is the official updated Plan, although that needs to be checked and confirmed. No Comprehensive Plan should ever be used as the basis for approval or denial of a specific development project. Comp Plans are the basis for development codes, but they are not code or regulations in themselves and should never be cited as such. We need to be clearer on this subject, as I agree that we have seen the Comp Plan being cited in that fashion. My Nov. 14 memo on Raven Rock (see below) will cover this aspect. 3) Should future projects like Raven Rock come to the PC before they reach the point where a great deal of work has gone into the development plan? Should there be triggers or conditions that indicate a project should come to the PC early in the process? Should large annexations (above a certain size) come to the PC? RAH: We will have a detailed memo in your Nov. 14 packet regarding what can and can’t be considered in the Raven Rock and similar development-plan matters. Frankly, I think we wandered into risky territory with some of the discussion and questions in September and October. On the wider picture of plan review, the candid answer is that projects like Raven Rock – by which I mean, development plans that are for uses allowed by right and are designed according to development standards that meet Code – should not go to Planning Commission for final decision at all. I acknowledge that our Code is written to send them to Planning Commission anyway, but that is a legally questionable Code requirement. Planning Commission is a quasi-judicial body and does not have discretionary authority to make final decisions on quasi- judicial matters. You do of course have recommending authority. 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…18/21 (As I recall, neither you, nor Commissioners Foster and Baker were there for the Vacation Homes legal discussion last December 15th, when the County and Town Attorneys outlined the legal difficulty for Planning Commission as a final decision-making body. It’s probably a good idea to ask the Attorney(s) to revisit this at a future PC Study Session, as almost ½ of you are new to the Commission and did not hear that discussion. I’ll check with both offices.) Regarding a great deal of work going into the development plan – if we on the staff (not just Community Development, but also Public Works, Utilities, Fire District, County Engineering, etc.) do our jobs properly, that work will have already been done before anything reaches the PC stage. We need to find a way to make these early stages more transparent to stakeholders, because I think it always looks like plans show up out of left field by the time they get to formal PC review. 4) What's next for the Mary's Lake Estates properties that the PC voted against rezoning to A-1? Will it go to the Town Board? If so, when? It's important that the Town Board have, in writing, the reasons for the PC's vote. RAH: Mary’s Lake Estates is in the County, and will go to the Board of County Commissioners for rezoning decision on Mon., Nov. 20. County projects don’t have a clear-cut process for directly transmitting PC reasoning to the County Commissioners – unlike the Town Board, where our Liaison provides this information. This is an area we need to work on. One possibility (which unfortunately involves some trouble and expense) would be for a County- appointed PC member to attend the relevant County hearings in Fort Collins. We are working on a dedicated Skype link for Town attendance at County hearings. (I think it’s something like Skype… the technology is a mystery to me!) Asking a PC member to join these Skype proceedings might be an option. I’ll talk with the County about this. I must report that the staff will convey our recommendation to the County Commissioners for approval of the Mary’s Lake Estates rezone. We will of course convey that the PC vote was to recommend denial. In fact, we (staff) are required by our Code of Ethics as AICP members to bring both of those recommendations forward to the governing body. 5) Should the PC look into what's going to happen to the rest of the valley below Mary's Lake? RAH: Yes, especially with regard to transportation, drainage, utilities, and other systems. All of Estes Valley Development Code area inside a triangle formed by Little Prospect Mountain, Little Valley/ upper Fish Creek, and 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…19/21 Ram’s Horn Mountain, needs attention. Mary’s Lake Road getting its own Corridor Plan would be a good start on that. I should note that a Corridor Plan isn’t necessarily just the properties that touch the “spinal” road corridor; it can be a wide territory. I think the triangle area could be covered by three future Corridor Plans: Mary’s Lake Road, Hwy. 7, and Fish Creek Road + Little Valley Rd. We would want to integrate the Corridor Plans and show how they interact along their edges and transitions. On Corridor Plans overall: None of this will be overnight results, needless to say – it’s a task list that needs to be developed and needs to be kept active. I would like to say it won’t take years to get them done, but under current resources, there’s no way to do it more quickly. We have a staff of 7 in Planning division right now, and will likely be going down to 6 in 2018, having lost a position in the proposed budget. 6) Should the PC look at other open spaces across the Estes Valley that are likely targets for development? Not that we would necessarily oppose their development, but just to be aware of what's out there? The Modernized Comp Plan also addresses this topic. RAH: Yes. Some of this can be done in Corridor Plans. Many communities also have an Open Space Plan. That has a lot of possibilities. (Caveat: That also costs money. High-quality Open Space Plans require technical input, such as geotechnical, edaphological, environmental, and similar systems integration). 7) How many B&B requests are waiting to be licensed? When will licensing begin? RAH: I think it’s approx. four not yet operating. We also have around the same number that are grandfathered. I would expect the permitting to get underway after the amendment is adopted, but I think some of the owner- operators aren’t here in the winter… so it’s hard to say. As with Vacation Homes, we’ll be glad to give updates as patterns and trends emerge. 8) Should there be a cap on B&B's in residential zones? 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…20/21 RAH: In theory, it could be considered. In practice, we would need science to establish any cap that isn’t arbitrary and capricious and thus legally suspect. You may recall that the 599 cap on vacation homes came from data provided by iCompass on the existing number of VHs last year. I’ll talk with Linda on whether any data can be obtained on B&Bs. With that said, I don’t think we will be overwhelmed by B&Bs in the near future. They aren’t as popular nowadays as vacation homes. Of course, vacation accommodations preferences are subject to trends and fads, like most any social phenomenon. I have said for years now that Vacation Blimps might be the next cool thing, and we won’t have to worry about land use any more because they will be air uses. (In Florida I added Vacation Submarines to the list, but I don’t think we have the capability for those in Estes Valley…) 9) Can a property have both a B&B and a Vacation Rental License? In one person's testimony he talked about the desirability of having this flexibility, depending on whether he was in-residence or living/traveling elsewhere. RAH: Yes, but it’s going to need precise record-keeping! We are working on this process. The properties can in principle have three “uses” at different, non-overlapping times during the year: Vacation Home, B&B, and regular dwelling unit. Tis is complicated to keep sorted out and we need to get a handle on it, which we are working on before busy season shows up in 2018. Thanks, Bob Bob Leavitt Estes Valley Planning Commission 12/12/2017 Town of Estes Park Mail - FW: Planning Commission - COLORADO SUPREME COURT RULES COMPREHENSIVE PLAN CAN BE RELIED … https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&msg=160490dddaaa269c&search=inbox&siml=160490d…21/21 - -- Robert H. Foster Rfoster@estes.org (303) 901-9611 Ken and Cherie Martin 538 Promontory Dr Estes Park, CO 80517 Nov 6, 2017 Estes Valley Planning Commission Chair Russ Schneider, Vice-Chair Bob Leavitt, Commissioners Betty Hull, Steve Murphree, Sharry White, Robert Foster and Doyle Baker Planner, Audem Gonzales Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Proposed Raven Rock Townhome Development Dear Commissioners: Is obtaining approval for a development simply a task of making sure all the boxes have been checked? If that were the case, one person could be assigned to verify the checkmarks and stamp the plan Approved. But instead, we have a board of commissioners. Boards are for exercising discretion. Judgment. For ensuring that development decisions are consistent with the character and ethos of our unique mountain town. That is why we need the collective judgment of the board. And we hope and trust you will all exercise that wisely. When we look at this application, one thing seems inescapable: The compactness of this development just doesn’t fit the area. It seems to have been designed for a town where building space is at an absolute premium. Vail, perhaps. A place that requires high-density urban development if it is to grow. Estes Park is not that place. We are just the opposite, a town that values open space, that works to blend developments with our surroundings. Estes places a premium on preservation of vast vistas, wildlife corridors, wetlands, the natural sweep of a valley. On a fine fall morning, we want to be wakened by the bugle of an elk, not by our neighbor’s alarm clock. We all recognize that a landowner is entitled to a reasonable use of his/her property, and we know things can’t stay exactly as they are. But the changes coming should be changes consistent with the Comprehensive Plan. The changes coming should not rob our town of the charm that drew people here; the changes must not fundamentally alter the look or personality of this town. An alternative plan for this property would be a small number of single-family dwellings scattered across this small valley--a development consistent with the Comprehensive Plan and the Neighborhood Plans for Carriage Hills/Marys Lake area (attached). At the last meeting the question was asked: Is the Comprehensive Plan a controlling document, must it be followed? Our response is: If the plan can safely be ignored whenever it is convenient to do so, why bother having it? If it is merely a suggestion, why spend tax dollars updating it? As currently drawn, the Raven Rock high-density plan doesn’t fit our community. It’s not right for Estes. At some level that conclusion must have registered with all of us. If approved, as early as next year we will round the curve of Mary’s Lake Road and be struck with the notion that we’ve entered another community entirely. And there will be no undoing the mistake once it’s done. Mistakes in developments are forever. This decision comes down to a board because discretion is involved. Judgment. The collective judgment of the board should incorporate the will of this community to preserve its look, its personality, and require that developments be consistent with our priorities. Our priorities are contained in the Comprehensive Plan, and we urge the board to ratify the values of Estes by the simple expedient of following its own plan and rejecting this application as currently submitted. Sincerely, Ken and Cherie Martin Enc. 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b6b236840cdd&siml=1604b34d71b…1/3 Town Clerk <townclerk@estes.org> Raven Rock Development 4 messages K Martin <kerogmartin@gmail.com>Tue, Dec 12, 2017 at 7:50 AM To: tjirsa@estes.org, wkoenig@estes.org, bholcomb@estes.org, Matt Gordon <mgordon@lafflaw.com>, pmartchink@estes.org, wnelson@estes.org, rnorris@estes.org, cwalker@estes.org, rhunt@estes.org, rschneider@estes.org, bhull@estes.org, smurphree@estes.org, bleavitt@estes.org, dbaker@estes.org, swhite@estes.org, rfoster@estes.org, planning@estes.org, townclerk@estes.org, flancaster@estes.org, krusch@estes.org, jwilliamson@estes.org Cc: blgould@gmail.com, J Michael Gould <gouldjm@icloud.com>, bob.mo.luther@partners.mcd.com, gmadoris1@aol.com, Krkred@aol.com, Larry@salestraq.com, James Stevens <jajstevens@hotmail.com>, Gordon Marie <mariekgordon@outlook.com>, Sunshinesmile2@comcast.net, hiker@tecxcel.com, annesneary@gmail.com, rfischer@shermanhoward.com, anns.chalet@att.net, conradk13@gmail.com, Beverly Wright <estesbev2013@aol.com>, M Campbell <camppeony@msn.com>, annechandou@gmail.com, stephentyman@gmail.com, sara.beardsworth@gmail.com, fchandou@gmail.com, gregedel@hotmail.com, timpruch@gmail.com, aschiffer@sohjlaw.com, schmidt_dg@hotmail.com, melinda.blatt@gmail.com, tdgootz@yahoo.com, K Martin <kerogmartin@gmail.com>, michaelkeilty@hotmail.com, estesparkbarbara@gmail.com, Bob Stephan <bobstephan301@gmail.com> Ladies and Gentlemen, We are submitting this in opposition to the Raven Rock Development. Since this is an appeal, we would have thought that the entire record the Planning Commission used to render its decision would have been included and provided to you. However, we did not see the attached letter in your materials and wish to have it considered. For brevity we have omitted the attachment, which was the Neighborhood Plan for Carriage Hills/Marys Lake from the Comprehensive Plan. Thank you. Ken and Cherie Martin commissioners letter.docx 119K Bob Stephan <bobstephan301@gmail.com>Tue, Dec 12, 2017 at 8:18 AM To: K Martin <kerogmartin@gmail.com> Cc: tjirsa@estes.org, wkoenig@estes.org, bholcomb@estes.org, Matt Gordon <mgordon@lafflaw.com>, pmartchink@estes.org, wnelson@estes.org, rnorris@estes.org, cwalker@estes.org, rhunt@estes.org, rschneider@estes.org, bhull@estes.org, smurphree@estes.org, bleavitt@estes.org, dbaker@estes.org, swhite@estes.org, rfoster@estes.org, planning@estes.org, townclerk@estes.org, flancaster@estes.org, krusch@estes.org, jwilliamson@estes.org, blgould@gmail.com, J Michael Gould <gouldjm@icloud.com>, bob.mo.luther@partners.mcd.com, gmadoris1@aol.com, Krkred@aol.com, Larry@salestraq.com, James Stevens <jajstevens@hotmail.com>, Gordon Marie <mariekgordon@outlook.com>, Sunshinesmile2@comcast.net, hiker@tecxcel.com, annesneary@gmail.com, rfischer@shermanhoward.com, anns.chalet@att.net, conradk13@gmail.com, Beverly Wright <estesbev2013@aol.com>, M Campbell <camppeony@msn.com>, annechandou@gmail.com, stephentyman@gmail.com, sara.beardsworth@gmail.com, fchandou@gmail.com, gregedel@hotmail.com, timpruch@gmail.com, aschiffer@sohjlaw.com, schmidt_dg@hotmail.com, melinda.blatt@gmail.com, tdgootz@yahoo.com, michaelkeilty@hotmail.com, estesparkbarbara@gmail.com Ladies and Gentlemen, I am also writing to oppose the Proposed Raven Rock Development. My original email to The Planning Commission is inserted below because it appears to be deleted from the previous public record. Thank you for your service to the community. We appreciate the thoughtfulness demonstrated by The Planning Commission, and thank you in advance for your stewardship of Estes Park. Please let me know if you have any questions. With kindest regards, Bob Stephan 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b6b236840cdd&siml=1604b34d71b…2/3 301 Kiowa Drive Dear Planning Commission, I am writing to oppose the Raven Rock development. Friends and neighbors have raised concerns about the impact on wildlife, traffic, drainage, etc. I echo their concerns. My contribution to the narrative is that of an investor. I am a professional investor by trade. Specifically, part of my responsibilities is executive oversight of a multi-billion dollar real estate portfolio. The Raven Rock development is using a proven playbook in the real estate industry . . . maximize profit per square foot by improving as much of the available square footage as possible with the most expensive improvements the market will bear. Questions for leaders in Estes Park include: do we want that type of playbook applied in our community? Are we different? Why? Trained with an MBA in finance from The University of Chicago, my wife and I made a very uneconomic decision in 2013. We purchased 301 Kiowa Drive as a family refuge and a place we could repeatedly bring our daughters to hopefully develop in them an appreciation for the natural beauty of Estes Park and Rocky Mountain National Park. We don't rent our unit, but rather use it only for our immediate family as well as parents, siblings, nieces, and nephews. We don't apply an economic lense to our property because Estes Park and Rocky Mountain National Park are not about economics. The founding fathers knew that, which is why they preserved the land. My wife and I were in town a couple of weeks ago for a belated 50th birthday celebration. We took video from our deck of two bull elk fighting in the meadow near the stakes outlining Raven Rock. We see elk move through the meadow and up by our condo in all seasons. The beauty of the place is breathtaking. Would you please reflect on the following questions before weighing in on the Raven Rock development: - What do we want Estes Park to look like for future generations? How do we balance that with fairness to the landowner (who I believe has no long-term interest in the community)? - How should we prioritize development options for the scarce land available in this special place? - If we don't provide good stewardship of the land, who will? Thank you for your service to the community, and we trust you will make the right decision. With kind regards, Bob Stephan 301 Kiowa Drive Estes Park Permanent residence: 1410 Broad Creek Road Bloomington, IL 61704 Sent from my iPhone [Quoted text hidden] <commissioners letter.docx> Jackie Williamson <jwilliamson@estes.org>Tue, Dec 12, 2017 at 8:48 AM To: Town Clerk <TownClerk@estes.org> [Quoted text hidden] -- Jackie Williamson Administrative Services Director/Town Clerk 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-4771 (p) direct line 970-577-4777 (p) general line 970-577-4770 (f) jwilliamson@estes.org 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b6b236840cdd&siml=1604b34d71b…3/3 commissioners letter.docx 119K Jackie Williamson <jwilliamson@estes.org>Tue, Dec 12, 2017 at 8:49 AM To: Town Clerk <TownClerk@estes.org> [Quoted text hidden] -- Jackie Williamson Administrative Services Director/Town Clerk 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-4771 (p) direct line 970-577-4777 (p) general line 970-577-4770 (f) jwilliamson@estes.org 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b7092e0f9be7&siml=15f93208360a…1/8 Town Clerk <townclerk@estes.org> Raven Rock Development 8 messages Matt Gordon <mgordon@lafflaw.com>Mon, Nov 6, 2017 at 1:56 PM To: "tjirsa@estes.org" <tjirsa@estes.org>, "wkoenig@estes.org" <wkoenig@estes.org>, "bholcomb@estes.org" <bholcomb@estes.org>, "pmartchink@estes.org" <pmartchink@estes.org>, "wnelson@estes.org" <wnelson@estes.org>, "rnorris@estes.org" <rnorris@estes.org>, "cwalker@estes.org" <cwalker@estes.org>, "rhunt@estes.org" <rhunt@estes.org>, "rschneider@estes.org" <'rschneider@estes.org'>, "bhull@estes.org" <'bhull@estes.org'>, "smurphree@estes.org" <'smurphree@estes.org'>, "bleavitt@estes.org" <'bleavitt@estes.org'>, "dbaker@estes.org" <'dbaker@estes.org'>, "swhite@estes.org" <'swhite@estes.org'>, "rfoster@estes.org" <'rfoster@estes.org'>, "planning@estes.org" <planning@estes.org>, "townclerk@estes.org" <townclerk@estes.org>, "flancaster@estes.org" <flancaster@estes.org>, "krusch@estes.org" <krusch@estes.org>, "jwilliamson@estes.org" <jwilliamson@estes.org>, "agonzales@estes.org" <agonzales@estes.org> Cc: "gouldjm@icloud.com" <gouldjm@icloud.com>, "blgould@gmail.com" <blgould@gmail.com>, "bob.mo.luther@partners.mcd.com" <bob.mo.luther@partners.mcd.com>, "gmadoris1@aol.com" <gmadoris1@aol.com>, "Krkred@aol.com" <Krkred@aol.com>, "Larry@salestraq.com" <Larry@salestraq.com>, "jajstevens@hotmail.com" <jajstevens@hotmail.com>, "mariekgordon@outlook.com" <mariekgordon@outlook.com>, "Sunshinesmile2@comcast.net" <Sunshinesmile2@comcast.net>, "hiker@tecxcel.com" <hiker@tecxcel.com>, "annesneary@gmail.com" <annesneary@gmail.com>, "rfischer@shermanhoward.com" <rfischer@shermanhoward.com>, "anns.chalet@att.net" <anns.chalet@att.net>, "conradk13@gmail.com" <conradk13@gmail.com>, "estesbev2013@aol.com" <estesbev2013@aol.com>, "camppeony@msn.com" <camppeony@msn.com>, "annechandou@gmail.com" <annechandou@gmail.com>, "stephentyman@gmail.com" <stephentyman@gmail.com>, "sara.beardsworth@gmail.com" <sara.beardsworth@gmail.com>, "fchandou@gmail.com" <fchandou@gmail.com>, "gregedel@hotmail.com" <gregedel@hotmail.com>, "timpruch@gmail.com" <timpruch@gmail.com>, "rickdawnjames@tdsmail.com" <rickdawnjames@tdsmail.com>, "aschiffer@sohjlaw.com" <aschiffer@sohjlaw.com>, "schmidt_dg@hotmail.com" <schmidt_dg@hotmail.com>, "melinda.blatt@gmail.com" <melinda.blatt@gmail.com>, "kerogmartin@gmail.com" <kerogmartin@gmail.com> Ladies and Gentlemen,   Please see the attached letter and exhibits.  These are for the public record in connection with the proposed Raven Rock development.  I hope you’ll take time to read this letter.   Sincerely,   Matthew D. Gordon 535 Promontory Drive mgordon@lafflaw.com   5 attachments Mary's Lake Neighborhood.jpg 627K Letter to Town Final.pdf 78K Raven Rock Building Schematics_2017-07-20.pdf 3260K Site Development Plan.pdf 6537K Vicinity Map.pdf 3959K Matt Gordon <mgordon@lafflaw.com>Fri, Nov 10, 2017 at 4:12 PM To: "tjirsa@estes.org" <tjirsa@estes.org>, "wkoenig@estes.org" <wkoenig@estes.org>, "bholcomb@estes.org" <bholcomb@estes.org>, "pmartchink@estes.org" <pmartchink@estes.org>, "wnelson@estes.org" <wnelson@estes.org>, "rnorris@estes.org" <rnorris@estes.org>, "cwalker@estes.org" 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b7092e0f9be7&siml=15f93208360a…2/8 <cwalker@estes.org>, "rhunt@estes.org" <rhunt@estes.org>, "rschneider@estes.org" <'rschneider@estes.org'>, "bhull@estes.org" <'bhull@estes.org'>, "smurphree@estes.org" <'smurphree@estes.org'>, "bleavitt@estes.org" <'bleavitt@estes.org'>, "dbaker@estes.org" <'dbaker@estes.org'>, "swhite@estes.org" <'swhite@estes.org'>, "rfoster@estes.org" <'rfoster@estes.org'>, "planning@estes.org" <planning@estes.org>, "townclerk@estes.org" <townclerk@estes.org>, "flancaster@estes.org" <flancaster@estes.org>, "krusch@estes.org" <krusch@estes.org>, "jwilliamson@estes.org" <jwilliamson@estes.org>, "agonzales@estes.org" <agonzales@estes.org> Cc: "gouldjm@icloud.com" <gouldjm@icloud.com>, "blgould@gmail.com" <blgould@gmail.com>, "bob.mo.luther@partners.mcd.com" <bob.mo.luther@partners.mcd.com>, "gmadoris1@aol.com" <gmadoris1@aol.com>, "Krkred@aol.com" <Krkred@aol.com>, "Larry@salestraq.com" <Larry@salestraq.com>, "jajstevens@hotmail.com" <jajstevens@hotmail.com>, "mariekgordon@outlook.com" <mariekgordon@outlook.com>, "Sunshinesmile2@comcast.net" <Sunshinesmile2@comcast.net>, "hiker@tecxcel.com" <hiker@tecxcel.com>, "annesneary@gmail.com" <annesneary@gmail.com>, "rfischer@shermanhoward.com" <rfischer@shermanhoward.com>, "anns.chalet@att.net" <anns.chalet@att.net>, "conradk13@gmail.com" <conradk13@gmail.com>, "estesbev2013@aol.com" <estesbev2013@aol.com>, "camppeony@msn.com" <camppeony@msn.com>, "annechandou@gmail.com" <annechandou@gmail.com>, "stephentyman@gmail.com" <stephentyman@gmail.com>, "sara.beardsworth@gmail.com" <sara.beardsworth@gmail.com>, "fchandou@gmail.com" <fchandou@gmail.com>, "gregedel@hotmail.com" <gregedel@hotmail.com>, "timpruch@gmail.com" <timpruch@gmail.com>, "rickdawnjames@tdsmail.com" <rickdawnjames@tdsmail.com>, "aschiffer@sohjlaw.com" <aschiffer@sohjlaw.com>, "schmidt_dg@hotmail.com" <schmidt_dg@hotmail.com>, "melinda.blatt@gmail.com" <melinda.blatt@gmail.com>, "kerogmartin@gmail.com" <kerogmartin@gmail.com> Ladies and Gentlemen,   Commissioner Foster provided a copy of City Attorney White’s memo regarding the applicability of the Comprehensive Plan to individual land use decisions.  My response to Commissioner Foster is below.  A copy of City Attorney White’s memo is attached.  Commissioner Foster suggested that I add my message to the public record.   Please add this message and the enclosure to the public record regarding Raven Rock.         Robert,   Thank you for sending these materials.    Mr. White’s memorandum makes an argument based entirely on a contextual recital, and simply ignores the clear language of the substantive (and legally binding) provisions of the EVDC.   Of course the Comp Plan will and should have been the basis of provisions of the EVDC as provided in the recital quoted by Mr. White.  But that doesn’t limit the clear language of the Code itself:    Standards for Review. The recommending and decision-making entities shall review development plan applications and all submittedplans and reports, and evaluate them according to the following standards: 1. The development plan complies with all applicable standardsset forth in this Code; and 2. The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan andany other relevant land use, parks and trails, capital improvement and other similar plans.5 Mr. White’s memo is an argument in defense of the Staff’s actions in this matter, but is, in my opinion, simply wrong on the law.  The memo completely ignores the Colorado Supreme Court which ruled that an ordinance similar to the above quoted provision of the Code is a legitimate basis for the reviewing (quasi-judicial) body to deny a proposed plan which, although in compliance with applicable code, was inconsistent with the jurisdiction’s Master Plan.    I’m afraid that Mr. White and Mr. Hunt are turning the Raven Rock development plan into a contest over the authority of the Town staff, and is ignoring common sense and the law.  Mr. White seeks to carve out an argument pursuant to which the Commission can ignore the Comp Plan, the history of development in Mary’s Lake, and the duty of the Town, through its staff and elected officials, to follow its own rules.  If the Town follows Mr. White’s (and the staff’s) argument, then the Comp Plan is meaningless.    12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b7092e0f9be7&siml=15f93208360a…3/8 When I purchased my home in Promontory, I carefully checked the development rights of the properties below (after all, I’m a land use lawyer!), and was confident that something like Raven Rock could never happen.  The parcels within the Town were already platted.  The rest were in unincorporated Larimer County, had no utilities and were, I thought, no development threat.   I did not anticipate that the Town staff would ignore the interests of the Mary’s Lake residents and annex land for development without real notice to the neighbors (let alone to facilitate development of a density similar to the Warsaw Ghetto).  If land owners and potential land owners in Estes Park cannot rely on the law and the Town administration’s responsibility to represent the interests of its citizens, then Estes Park is a very risky place to buy property and reside.  Estes Park is like the Deadwood mining camp in 1876:  “There’s no law in Deadwood.”   Mr. White and I seem to be preparing for legal dispute.  In that regard, please remember that I am advocating on my own behalf in a political matter pursuant to my right as a citizen to petition my governmental representatives.       Thank you for reaching out to me.  If you would like to discuss this further, I will be happy to meet with you.   Thank you.   Matt Gordon   Matthew D. Gordon     3200 East Cherry Creek South Drive Suite 200 Denver, Colorado 80209 Phone: 303.740.7200 Direct: 720.484.3939 mgordon@lafflaw.com www.lafflaw.com        2 attachments Memo.Raven Rock Town homes Development Plan -Comp Plan.11-08-2017.gaw+rah.Clean.pdf 59K Memo - Raven Rock Town homes Development Plan & PC authority - 2017-11-14 (rah c).pdf 62K Randy Hunt <rhunt@estes.org>Mon, Nov 13, 2017 at 8:26 AM To: Matt Gordon <mgordon@lafflaw.com> 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b7092e0f9be7&siml=15f93208360a…4/8 Cc: "tjirsa@estes.org" <tjirsa@estes.org>, "wkoenig@estes.org" <wkoenig@estes.org>, "bholcomb@estes.org" <bholcomb@estes.org>, "pmartchink@estes.org" <pmartchink@estes.org>, "wnelson@estes.org" <wnelson@estes.org>, "rnorris@estes.org" <rnorris@estes.org>, "cwalker@estes.org" <cwalker@estes.org>, Russ Schneider <rschneider@estes.org>, Betty Hull <bhull@estes.org>, Steve Murphree <smurphree@estes.org>, Bob Leavitt <bleavitt@estes.org>, Doyle Baker <dbaker@estes.org>, Sharry White <swhite@estes.org>, Robert Foster <rfoster@estes.org>, "planning@estes.org" <planning@estes.org>, "townclerk@estes.org" <townclerk@estes.org>, "flancaster@estes.org" <flancaster@estes.org>, "krusch@estes.org" <krusch@estes.org>, "jwilliamson@estes.org" <jwilliamson@estes.org>, "agonzales@estes.org" <agonzales@estes.org>, "gouldjm@icloud.com" <gouldjm@icloud.com>, "blgould@gmail.com" <blgould@gmail.com>, "bob.mo.luther@partners.mcd.com" <bob.mo.luther@partners.mcd.com>, "gmadoris1@aol.com" <gmadoris1@aol.com>, "Krkred@aol.com" <Krkred@aol.com>, "Larry@salestraq.com" <Larry@salestraq.com>, "jajstevens@hotmail.com" <jajstevens@hotmail.com>, "mariekgordon@outlook.com" <mariekgordon@outlook.com>, "Sunshinesmile2@comcast.net" <Sunshinesmile2@comcast.net>, "hiker@tecxcel.com" <hiker@tecxcel.com>, "annesneary@gmail.com" <annesneary@gmail.com>, "rfischer@shermanhoward.com" <rfischer@shermanhoward.com>, "anns.chalet@att.net" <anns.chalet@att.net>, "conradk13@gmail.com" <conradk13@gmail.com>, "estesbev2013@aol.com" <estesbev2013@aol.com>, "camppeony@msn.com" <camppeony@msn.com>, "annechandou@gmail.com" <annechandou@gmail.com>, "stephentyman@gmail.com" <stephentyman@gmail.com>, "sara.beardsworth@gmail.com" <sara.beardsworth@gmail.com>, "fchandou@gmail.com" <fchandou@gmail.com>, "gregedel@hotmail.com" <gregedel@hotmail.com>, "timpruch@gmail.com" <timpruch@gmail.com>, "rickdawnjames@tdsmail.com" <rickdawnjames@tdsmail.com>, "aschiffer@sohjlaw.com" <aschiffer@sohjlaw.com>, "schmidt_dg@hotmail.com" <schmidt_dg@hotmail.com>, "melinda.blatt@gmail.com" <melinda.blatt@gmail.com>, "kerogmartin@gmail.com" <kerogmartin@gmail.com> Mr. Gordon, Thank you for your comments. As to legal points, I will defer to Attorney White for any necessary response. With regard to annexation, which you allude to below and have addressed in prior communications: Annexation in the Estes Valley does not change zoning, as is the case elsewhere in Colorado. Our Estes Valley Development Code and Official Zoning Map were created in part to unify zoning designations without regard to Town or County. To my knowledge, no Town of Estes Park annexation in recent years changed zoning or was accompanied by an ordinance changing zoning, including the Raven Rock property. As the staff report notes, the zoning on that property was last changed in 2000 (or possibly a few years earlier), and has been A (Accommodations) since then. Utility service from the Town or other entities in Estes Valley also is not affected by annexation, except that there is a differential in the monthly rates – less costly for ratepayers inside the Town. Service by the two Town-operated utilities, water and electricity, is equally available to the Raven Rock property whether annexed or not. Staff will address application of the Comprehensive Plan to specific development review, including Raven Rock, during Planning Commission tomorrow. I must take strong issue with you, personally and on behalf of the community, on one of your comments below, in which you make a comparison between the Raven Rock proposal and the Warsaw Gheo. During World War II, between 300,000 and 400,000 people died as a result of German occupaon of the Warsaw Gheo. Many were killed in the Gheo itself; others were shot trying to flee; others were sent to their deaths at the Treblinka concentraon camp. There is no parallel to the Raven Rock project, which consists of building 19 buildings on a 10-acre site. There are valid ways to make a point about populaon density that do not involve reference to horror and evil. The Holocaust affects me personally and I am sure many others in the Estes Valley. Your reference is sickening and beyond the bounds of appropriate comment. It is shameful that public dialog in this maer, and in our community, would come to such a disgusng moment. I hope you will apologize. Thanks, RAH ----- Randy Hunt, AICP Community Development Director Town of Estes Park 170 MacGregor Ave. PO Box 1200 Estes Park, CO 80517 direct: 970-577-3719 main: 970-577-3721 email: rhunt@estes.org http://www.estes.org [Quoted text hidden] Matt Gordon <mgordon@lafflaw.com>Mon, Nov 13, 2017 at 8:40 AM To: Randy Hunt <rhunt@estes.org> Cc: "tjirsa@estes.org" <tjirsa@estes.org>, "wkoenig@estes.org" <wkoenig@estes.org>, "bholcomb@estes.org" <bholcomb@estes.org>, "pmartchink@estes.org" <pmartchink@estes.org>, "wnelson@estes.org" <wnelson@estes.org>, "rnorris@estes.org" <rnorris@estes.org>, "cwalker@estes.org" <cwalker@estes.org>, Russ Schneider <rschneider@estes.org>, Betty Hull <bhull@estes.org>, Steve Murphree <smurphree@estes.org>, Bob Leavitt <bleavitt@estes.org>, Doyle Baker <dbaker@estes.org>, Sharry White <swhite@estes.org>, Robert Foster <rfoster@estes.org>, "planning@estes.org" <planning@estes.org>, "townclerk@estes.org" <townclerk@estes.org>, "flancaster@estes.org" <flancaster@estes.org>, "krusch@estes.org" <krusch@estes.org>, "jwilliamson@estes.org" <jwilliamson@estes.org>, "agonzales@estes.org" <agonzales@estes.org>, "gouldjm@icloud.com" <gouldjm@icloud.com>, "blgould@gmail.com" <blgould@gmail.com>, "bob.mo.luther@partners.mcd.com" <bob.mo.luther@partners.mcd.com>, "gmadoris1@aol.com" <gmadoris1@aol.com>, "Krkred@aol.com" <Krkred@aol.com>, "Larry@salestraq.com" <Larry@salestraq.com>, "jajstevens@hotmail.com" <jajstevens@hotmail.com>, "mariekgordon@outlook.com" <mariekgordon@outlook.com>, "Sunshinesmile2@comcast.net" <Sunshinesmile2@comcast.net>, "hiker@tecxcel.com" <hiker@tecxcel.com>, "annesneary@gmail.com" <annesneary@gmail.com>, "rfischer@shermanhoward.com" <rfischer@shermanhoward.com>, "anns.chalet@att.net" <anns.chalet@att.net>, "conradk13@gmail.com" <conradk13@gmail.com>, "estesbev2013@aol.com" <estesbev2013@aol.com>, "camppeony@msn.com" <camppeony@msn.com>, 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b7092e0f9be7&siml=15f93208360a…5/8 "annechandou@gmail.com" <annechandou@gmail.com>, "stephentyman@gmail.com" <stephentyman@gmail.com>, "sara.beardsworth@gmail.com" <sara.beardsworth@gmail.com>, "fchandou@gmail.com" <fchandou@gmail.com>, "gregedel@hotmail.com" <gregedel@hotmail.com>, "timpruch@gmail.com" <timpruch@gmail.com>, "rickdawnjames@tdsmail.com" <rickdawnjames@tdsmail.com>, "aschiffer@sohjlaw.com" <aschiffer@sohjlaw.com>, "schmidt_dg@hotmail.com" <schmidt_dg@hotmail.com>, "melinda.blatt@gmail.com" <melinda.blatt@gmail.com>, "kerogmartin@gmail.com" <kerogmartin@gmail.com> I apologize for my intemperate remark.  This is an exceedingly upsetting matter.   Matthew D. Gordon     3200 East Cherry Creek South Drive Suite 200 Denver, Colorado 80209 Phone: 303.740.7200 Direct: 720.484.3939 mgordon@lafflaw.com www.lafflaw.com   From: Randy Hunt [mailto:rhunt@estes.org] Sent: Monday, November 13, 2017 8:27 AM To: Ma Gordon <mgordon@lafflaw.com> Cc: tjirsa@estes.org; wkoenig@estes.org; bholcomb@estes.org; pmartchink@estes.org; wnelson@estes.org; rnorris@estes.org; cwalker@estes.org; Russ Schneider <rschneider@estes.org>; Bey Hull <bhull@estes.org>; Steve Murphree <smurphree@estes.org>; Bob Leavi <bleavitt@estes.org>; Doyle Baker <dbaker@estes.org>; Sharry White <swhite@estes.org>; Robert Foster <rfoster@estes.org>; planning@estes.org; townclerk@estes.org; flancaster@estes.org; krusch@estes.org; jwilliamson@estes.org; agonzales@estes.org; gouldjm@icloud.com; blgould@gmail.com; bob.mo.luther@partners.mcd.com; gmadoris1@aol.com; Krkred@aol.com; Larry@salestraq.com; jajstevens@hotmail.com; mariekgordon@outlook.com; Sunshinesmile2@comcast.net; hiker@tecxcel.com; annesneary@gmail.com; rfischer@shermanhoward.com; anns.chalet@att.net; conradk13@gmail.com; estesbev2013@aol.com; camppeony@msn.com; annechandou@gmail.com; stephentyman@gmail.com; sara.beardsworth@gmail.com; fchandou@gmail.com; gregedel@hotmail.com; timpruch@gmail.com; rickdawnjames@tdsmail.com; aschiffer@sohjlaw.com; schmidt_dg@hotmail.com; melinda.blatt@gmail.com; kerogmartin@gmail.com Subject: Re: Raven Rock Development [Quoted text hidden] Matt Gordon <mgordon@lafflaw.com>Mon, Dec 11, 2017 at 8:29 PM To: "tjirsa@estes.org" <tjirsa@estes.org>, "wkoenig@estes.org" <wkoenig@estes.org>, "bholcomb@estes.org" <bholcomb@estes.org>, "pmartchink@estes.org" <pmartchink@estes.org>, "wnelson@estes.org" <wnelson@estes.org>, "rnorris@estes.org" <rnorris@estes.org>, "cwalker@estes.org" <cwalker@estes.org>, "rhunt@estes.org" <rhunt@estes.org>, "rschneider@estes.org" <'rschneider@estes.org'>, "bhull@estes.org" <'bhull@estes.org'>, "smurphree@estes.org" <'smurphree@estes.org'>, "bleavitt@estes.org" <'bleavitt@estes.org'>, "dbaker@estes.org" <'dbaker@estes.org'>, "swhite@estes.org" <'swhite@estes.org'>, "rfoster@estes.org" <'rfoster@estes.org'>, "planning@estes.org" <planning@estes.org>, "townclerk@estes.org" <townclerk@estes.org>, "flancaster@estes.org" <flancaster@estes.org>, "krusch@estes.org" <krusch@estes.org>, "jwilliamson@estes.org" <jwilliamson@estes.org>, "agonzales@estes.org" <agonzales@estes.org> Cc: "gouldjm@icloud.com" <gouldjm@icloud.com>, "blgould@gmail.com" <blgould@gmail.com>, "bob.mo.luther@partners.mcd.com" <bob.mo.luther@partners.mcd.com>, "gmadoris1@aol.com" <gmadoris1@aol.com>, "Krkred@aol.com" <Krkred@aol.com>, "Larry@salestraq.com" <Larry@salestraq.com>, "jajstevens@hotmail.com" <jajstevens@hotmail.com>, "mariekgordon@outlook.com" <mariekgordon@outlook.com>, "Sunshinesmile2@comcast.net" <Sunshinesmile2@comcast.net>, "hiker@tecxcel.com" <hiker@tecxcel.com>, "annesneary@gmail.com" <annesneary@gmail.com>, "rfischer@shermanhoward.com" <rfischer@shermanhoward.com>, "anns.chalet@att.net" <anns.chalet@att.net>, "conradk13@gmail.com" <conradk13@gmail.com>, "estesbev2013@aol.com" <estesbev2013@aol.com>, "camppeony@msn.com" <camppeony@msn.com>, "annechandou@gmail.com" <annechandou@gmail.com>, "stephentyman@gmail.com" <stephentyman@gmail.com>, "sara.beardsworth@gmail.com" <sara.beardsworth@gmail.com>, "fchandou@gmail.com" <fchandou@gmail.com>, "gregedel@hotmail.com" <gregedel@hotmail.com>, "timpruch@gmail.com" <timpruch@gmail.com>, "rickdawnjames@tdsmail.com" <rickdawnjames@tdsmail.com>, "aschiffer@sohjlaw.com" <aschiffer@sohjlaw.com>, "schmidt_dg@hotmail.com" <schmidt_dg@hotmail.com>, "melinda.blatt@gmail.com" <melinda.blatt@gmail.com>, "kerogmartin@gmail.com" <kerogmartin@gmail.com>   Ladies and Gentlemen, 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b7092e0f9be7&siml=15f93208360a…6/8   I am writing in opposition to the development plan for the Raven Rock site.  I have attached a copy of my prior letter to the Town Trustees and others setting forth my detailed position.  I urge each of you to read it carefully.   With regard to the November 15, 2017, notice of appeal from James Mackey, please note the following:   Mr. Mackey devalues the validity of the Planning Commission’s action because the vote was split.  The Commissioners heard this matter three times, and reached their conclusion in the face of pressure from Mr. Mackey’s team and the Town staff.  Their rejection of the plan was considered and decisive.  Contrary to the feelings of Mr. Mackey’s team, the proposed plan completely fails to comply with the Estes Valley Development Code.  The Code incorporates the Comprehensive Plan, and the Comprehensive Plan prohibits a development with this density and impact.  Please see my attached letter for the legal and practical reasons why. It is not the Commissioners’, the Town staff’s, or the neighbors’ responsibility to offer specifics or counterproposals to the Raven Rock proposal.   Finally, I must protest, once again, the Town’s failure to give actual notice of Tuesday night’s meeting.  I was assured in writing by Mr. Hunt that written notice was posted to all homeowners in Promontory.  I received no such notice.   Sincerely,   Matthew D. Gordon 535 Promontory Drive mgordon@lafflaw.com   Letter to Town Final.pdf 78K RICKDAWNJAMES - NEW <rickdawnjames@tdsmail.com>Mon, Dec 11, 2017 at 11:07 PM To: tjirsa@estes.org, wkoenig@estes.org, bholcomb@estes.org, Matt Gordon <mgordon@lafflaw.com>, pmartchink@estes.org, wnelson@estes.org, rnorris@estes.org, cwalker@estes.org, rhunt@estes.org, rschneider@estes.org, bhull@estes.org, smurphree@estes.org, bleavitt@estes.org, dbaker@estes.org, swhite@estes.org, rfoster@estes.org, planning@estes.org, townclerk@estes.org, flancaster@estes.org, krusch@estes.org, jwilliamson@estes.org Cc: blgould@gmail.com, gouldjm@icloud.com, bob.mo.luther@partners.mcd.com, gmadoris1@aol.com, Krkred@aol.com, Larry@salestraq.com, jajstevens@hotmail.com, mariekgordon@outlook.com, Sunshinesmile2@comcast.net, hiker@tecxcel.com, annesneary@gmail.com, rfischer@shermanhoward.com, anns.chalet@att.net, conradk13@gmail.com, Beverly Wright <estesbev2013@aol.com>, M Campbell <camppeony@msn.com>, annechandou@gmail.com, stephentyman@gmail.com, sara.beardsworth@gmail.com, fchandou@gmail.com, gregedel@hotmail.com, timpruch@gmail.com, aschiffer@sohjlaw.com, schmidt_dg@hotmail.com, melinda.blatt@gmail.com, tdgootz@yahoo.com, kerogmartin@gmail.com, michaelkeilty@hotmail.com, estesparkbarbara@gmail.com, Bob Stephan <bobstephan301@gmail.com> Ladies & Gentlemen: In reviewing the Raven Rock Development appeal packet on the town board website, the majority of the written comments from the public presented to the Planning Commissioners before each of the three Planning Commission meetings were not included in the packet for review by the Trustees. Thanks Matt Gordon for sending your e-mail and attaching your prior written comment. I was under the mistaken impression that since the packet had included all the written materials submitted by the Developer and the Planning Commission Staff for consideration at each of the three Planning Commission meetings; that all of the written comments submitted by the good citizens of Estes Park opposing the development plan would likewise all be included in the packet for the Trustees to review. Attached for your review and consideration is a memorandum that I prepared and submitted for consideration well in advance of the third Planning Commission meeting which should have been included in the Raven Rock Development Appeal packet. The Planning Commission decision denying the Raven Rock Development Plan as inconsistent with the Comprehensive Plan is amply supported in fact and law. The Trustees should appropriately deny the Developer's appeal as inconsistent with the Comprehensive Plan. 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b7092e0f9be7&siml=15f93208360a…7/8 I would encourage the many good residents of Estes Park that took time to present written comments, some of which are copied on this e-mail, to review the Raven Rock Development appeal packet on the Town website and you will find that your materials were most likely omitted also. Sincerely, Richard James, Esq. 351 Kiowa Drive Estes Park, CO 80517 From: Matt Gordon [mailto:mgordon@lafflaw.com] Sent: Monday, December 11, 2017 8:30 PM To: tjirsa@estes.org; wkoenig@estes.org; bholcomb@estes.org; pmartchink@estes.org; wnelson@estes.org; rnorris@estes.org; cwalker@estes.org; rhunt@estes.org; 'rschneider@estes.org'; 'bhull@estes.org'; 'smurphree@estes.org'; 'bleavitt@estes.org'; 'dbaker@estes.org'; 'swhite@estes.org'; 'rfoster@estes.org'; planning@estes.org; townclerk@estes.org; flancaster@estes.org; krusch@estes.org; jwilliamson@estes.org; agonzales@estes.org; rhunt@estes.org Cc: gouldjm@icloud.com; blgould@gmail.com; bob.mo.luther@partners.mcd.com; gmadoris1@aol.com; Krkred@aol.com; Larry@salestraq.com; jajstevens@hotmail.com; mariekgordon@outlook.com; Sunshinesmile2@comcast.net; hiker@tecxcel.com; annesneary@gmail.com; rfischer@shermanhoward.com; anns.chalet@att.net; conradk13@gmail.com; estesbev2013@aol.com; camppeony@msn.com; annechandou@gmail.com; stephentyman@gmail.com; sara.beardsworth@gmail.com; fchandou@gmail.com; gregedel@hotmail.com; timpruch@gmail.com; rickdawnjames@tdsmail.com; aschiffer@sohjlaw.com; schmidt_dg@hotmail.com; melinda.blatt@gmail.com; kerogmartin@gmail.com Subject: Raven Rock Development [Quoted text hidden] Memorandum to Planning Commission EVPC Meeting 11-14-2017 - PC Can Rely on Non-Complaince with the Comprehensive Plan To Deny Development Plans.pdf 490K Jackie Williamson <jwilliamson@estes.org>Tue, Dec 12, 2017 at 8:55 AM To: Town Clerk <TownClerk@estes.org> [Quoted text hidden] -- Jackie Williamson Administrative Services Director/Town Clerk 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-4771 (p) direct line 970-577-4777 (p) general line 970-577-4770 (f) jwilliamson@estes.org Memorandum to Planning Commission EVPC Meeting 11-14-2017 - PC Can Rely on Non-Complaince with the Comprehensive Plan To Deny Development Plans.pdf 490K Jackie Williamson <jwilliamson@estes.org>Tue, Dec 12, 2017 at 8:55 AM To: Town Clerk <TownClerk@estes.org> ---------- Forwarded message ---------- From: Matt Gordon <mgordon@lafflaw.com> Date: Mon, Dec 11, 2017 at 8:29 PM Subject: Raven Rock Development [Quoted text hidden] -- 12/12/2017 Town of Estes Park Mail - Raven Rock Development https://mail.google.com/mail/u/0/?ui=2&ik=54517dd595&jsver=gNJGSxrCYso.en.&view=pt&search=inbox&th=1604b7092e0f9be7&siml=15f93208360a…8/8 Jackie Williamson Administrative Services Director/Town Clerk 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 970-577-4771 (p) direct line 970-577-4777 (p) general line 970-577-4770 (f) jwilliamson@estes.org Letter to Town Final.pdf 78K COMMUNITY DEVELOPMENT Report To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Audem Gonzales, Planner II Date: December 12, 2017 RE: PRELIMINARY TOWNHOME SUBDIVISION PLAT, RAVEN ROCK TOWNHOMES, METES & BOUNDS PARCEL, TBD PROMONTORY DRIVE Objective: Conduct a public hearing and make a decision on a Preliminary Townhome Subdivision Plat in compliance with the Estes Valley Development Code (EVDC). Present Situation: The subject property was annexed into the Town of Estes Park in 2017. It is approximately 10-acres in size and is undeveloped. The property is zoned A- Accommodations. The project is located northeast of Mary’s Lake Road at Promontory Drive. Proposal: The proposal entails buildings 19 duplex buildings with 38 individual platted townhome lots. There are three Outlots proposed and three detention ponds. Several utility easements are proposed to be dedicated with several main extensions anticipated. There is no zone change requested with this development. This project has two applications associated with it; a Development Plan and Preliminary Townhome Subdivision. The Planning Commission is the decision-making body for the Development Plan and recommending body for the Preliminary Townhome Subdivision. Town Board is the decision-making body for the Preliminary Townhome Subdivision. This action item is only for the Preliminary Townhome Subdivision plat. Advantages: • Develops an underutilized property along the Mary’s Lake Road corridor. • This project is aligned with the Comprehensive Plan Future Land Use Map designation of A-Accommodations for this particular property. 259 • Provides more accommodation units in the Estes Valley in the A- Accommodations zone district. • Does not maximum the allowed density for this property. Disadvantages: • Increases density on an undeveloped property. Action Recommended: Planning Commission voted and recommended denial (3 in favor, 2 opposed, 2 absent) of the Preliminary Townhome Subdivision map application on November 14, 2017. Staff recommended approval of the Preliminary Townhome Subdivision to the Planning Commission in September, again in October, and again in November. Staff stands by this recommendation today. Budget: None. Level of Public Interest Very high. Sample Motion: I move for the approval of the Raven Rock Preliminary Townhome Subdivision Attachments: Vicinity Map Preliminary Plat Full Application: www.estes.org/currentapplications 260 KIOWA TRLSSAINTVRAINAVE KIOWA DRLAKEWOODCTPROMONTORY DRARAPAHORDARAPAHORDMA R Y S LA K E R D MARYSLAKERDThis draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon.Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.060120Feet1 in = 125 ft±Town of Estes ParkCommunity DevelopmentVicinity MapRaven Rock(Preliminary Townhome Subdivision)Printed: 12/7/2017Created By: Audem GonzalesMary's Lake Road S SAINT VRAIN AVEMARYS LAKE RDPEAK VIEW DRMARYS LAKESitePromontory Drive261 262 263 264 265 266 267 268 COMMUNITY DEVELOPMENT Report To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Audem Gonzales, Planner II Date: December 12, 2017 RE: ORDINANCE 33-17 – REZONING FROM E-ESTATE TO RM- RESIDENTIAL MULTIFAMILY, LOT 20 LITTLE PROSPECT MOUNTAIN ADDITION, 260 STANLEY AVENUE Objective: Conduct a public hearing to consider a Rezoning application for compliance with the Estes Valley Development Code (EVDC). Present Situation: The project area is located within the Town of Estes Park off of Stanley Avenue and is currently developed with a Single-Family Home. The existing lot is zoned E-Estate and is 0.48 acres in size. The lot size does not conform to Estate zoning by a small degree. Minimum lot size in this zone district is 0.5 acres. Proposal: The proposal entails re-zoning the entire lot to RM-Multifamily Residential. The purpose of this request is to accommodate multifamily housing on the property and utilize the attainable housing density bonus. At least half of the units in a density bonus project are required to be either “attainable” or “workforce” housing. The intention with this property is to develop 4 workforce housing units in an 8 unit townhome development. This project has several applications associated with it; Development Plan, Preliminary Townhome Subdivision, Final Townhome Subdivision and Rezoning. The Planning Commission is the Decision-Making Body for the Development Plan and Recommending Body for the Preliminary Townhome Subdivision and Rezoning. Town Board is the Decision-Making Body for the Final Townhome Subdivision and Rezoning. Only the Rezoning is on tonight’s agenda; assuming approval of that element, others will appear on future agendas as applicable. A small triangular property adjacent to the north would also be proposed in the overall development. This Town-owned property is in the process of transfer to the owners of the primary lot, per Town Board action earlier this fall. Rezoning of this area and lot consolidation are anticipated in the course of the development. 269 Advantages: • Provides additional RM zoned property in the Estes Valley. This is the target zone district for developing workforce and attainable housing. • Allows a property to be eligible for a density bonus to provide workforce housing Disadvantages: • None recognized Action Recommended: Planning Commission voted and recommended approval of the Rezoning application on November 14, 2017. Staff recommends approval of this rezoning request. Budget: None. Level of Public Interest Low Sample Motion: I move for the approval of the 260 Stanley Avenue, A Portion of Lot 20 Little Prospect Mountain Addition rezoning application (Ordinance No. 33-17) Attachments: Vicinity Map General Site Plan Ordinance No. 33-17 Full Application: www.estes.org/currentapplications 270 DUNRAVEN STS TANLEY A V E STANLEY AVE260175173300300330841840179321707350801753800This draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon.Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.02550Feet1 in = 50 ft±Town of Estes ParkCommunity DevelopmentVicinity MapStanley Avenue RezoningE-Estate to RM-Multi-FamilyPrinted: 11/9/2017Created By: Audem GonzalesStanley A v e n u e E HIGHWAY 36BIG THOMPSON AVEMORAINE AVERIVERSIDE DRS SAINT VRAIN AVEN SAINT VRAIN AVEW WONDERVIEW AVEE ELKHORN AVELAKE ESTESSiteDunraven Street271 272 ORDINANCE NO. 33-17 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO REZONE A PORTION OF LOT 20, LITTLE PROSPECT MOUNTAIN ADDITION WHEREAS, on November 14, 2017, the Estes Valley Planning Commission recommended approval of an Official Zoning Map amendment to rezone A Portion of Lot 20, Little Prospect Mountain Addition, addressed 260 Stanley Avenue, from E-Estate to RM-Multifamily Residential. WHEREAS, the Board of Trustees of the Town of Estes Park finds that this Official Zoning Map amendment complies with the Standards for Review established in Section 3.3.D of the Estes Valley Development Code and it is best interest of the Town that the recommended zoning amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The zoning of A PORTION OF LOT 20, LITTLE PROSPECT MOUNTAIN ADDITION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE EAST LINE OF LOT 20, LITTLE PROSPECT MOUNTAIN ADDITION TO THE TOWN OF ESTES PARK, COLORADO, FROM WHENCE THE SOUTHEAST CORNER OF SAID LOT BEARS SOUTH 21 DEGREES 44 MINUTES EAST 279.3 FEET; THENCE NORTH 21 DEGREES 44 MINUTES WEST 171 FEET MORE OR LESS TO STATION 93, THENCE NORTH 57 DEGREES 07 MINUTES WEST 50.9 FEET TO A POINT ON THE EASTERLY LINE OF THE PENSTOCK TO POWER PLANT NO.1, THENCE SOUTH 23 DEGREES 13 MINUTES WEST 218.2 FEET ALONG SAID LINE; THENCE NORTH 87 DEGREES 55 MINUTES EAST 194.5 FEET MORE OR LESS TO THE POINT OF BEGINNING. shall be changed from E-Estate to RM-Multifamily Residential. 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 12th DAY OF DECEMBER, 2017. TOWN OF ESTES PARK _____________________________________ Todd Jirsa, Mayor 273 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 12th day of December, 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. Town Clerk 274 COMMUNITY DEVELOPMENT Report To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Audem Gonzales, Planner II Date: December 12, 2017 RE: SUBDIVISION FINAL PLAT – ESTES PARK RESORT, LOT 1, LAKE ESTES 2nd ADDITION, 1700 BIG THOMPSON AVENUE, ROCKY MOUNTAIN HOTEL PROPERTIES I, LLC. Objective: Conduct a public hearing and make a determination regarding a Final Subdivision plat for compliance with the Estes Valley Development Code (EVDC). Present Situation: The project area is located between Big Thompson Ave. and Lake Estes, just west of the Lake Estes Marina. The property is currently zoned A-Accommodations. The area is approximately 9 acres in size. The property consists of two legal lots. The western lot is undeveloped and the eastern lot is developed with the Estes Park Resort. There is a designated wetland area on the western property. Proposal: The proposal entails replatting the area as a Townhome Subdivision with a total of 33 lots and one outlout. The subdivision will be named Mountain Village At Lake Estes Townhomes. 32 of the lots will be for individual accommodations units and one lot will be for the existing hotel/lodge. A Variance was granted On December 6, 2016 by the Board of Adjustment to allow structures to encroach into the 50-foot wetland setback by up to 25-feet. This project has three applications associated with it; Development Plan, Preliminary Townhome Subdivision and Final Townhome Subdivision. The Planning Commission is the Decision-Making Body for the Development Plan and Recommending Body for the Preliminary Townhome Subdivision. Town Board is the Decision-Making Body for the Final Townhome Subdivision. The attached Development Agreement between the Owner and Town of Estes Park contains two key elements. One is a density transfer between Lot 33 and Lots 1-32 and Outlot A. A transfer of 34,150 SF of Lot 33 density to Lots 1-32 and Outlot A is required for the project. The density transfer leaves 7,000 SF of unused density for future development on Lot 33. 275 The second element is an Impervious Coverage Transfer. Lot 33 requires a maximum impervious coverage percentage of 50%. The lot 33 layout and existing development are at a 62.9% impervious coverage. The Owner will utilize the entire subdivision area when calculating the maximum impervious coverage allowed, thus creating a transfer of impervious coverage area from Lots 1-32 and Outlot A to Lot 33. All development within the subdivision will then have a maximum impervious coverage of 49.84%. Advantages: • Complies with the approved Preliminary Plat. • Creates legal lots for additional accommodations units in an A-Accommodations zoned area. • Creates opportunity for additional tax revenue to the Town. Disadvantages: • None identified Action Recommended: Town Board voted unanimously to approve the Estes Park Resort Preliminary Townhome Subdivision plat application on July 25, 2017. Staff recommends approval of the Final Townhome Subdivision plat application with one condition: 1. The title of the final plat shall be consistent with the approved preliminary plat. The proposed final plat is labeled as Mountain Village At Lake Estes Townhomes Final Plat. The final plat shall be labeled as “Estes Park Resort Final Plat” Budget: None. Level of Public Interest Low: The Comm. Dev. Dept. has not received any written public comments to date. Sample Motion: I move for the approval of the Estes Park Resort final plat with the recommended condition by staff. Attachments: Vicinity Map Final Plat Development Agreement Full Application: www.estes.org/currentapplications 276 BIGTHOMPSONAVEGRAND ESTATES DRLAKEESTESUNITS2A - 2CUNIT 1AThis draft document was prepared for internal use by theTown of Estes Park, CO. The Town makes no claim as to the accuracy or completeness of the data contained hereon.Due to security concerns, The Town requests that youdo not post this document on the internet or otherwisemake it available to persons unknown to you.060120Feet1 in = 108 ft±Town of Estes ParkCommunity DevelopmentVicinity MapEstes Park Resort(Final Townhome Subdivision)Printed: 12/7/2017Created By: Audem GonzalesHWY 34277 278 1 DEVELOPMENT AGREEMENT This Development Agreement made this ____ day of _______________, 2017, by and between ROCKY MOUNTAIN HOTEL PROPERTIES I, LLC (the “Owners”) and the TOWN OF ESTES PARK, Colorado, a municipal corporation, (the “Town”). RECITALS The Owners own the following described real property located within the Town: Estes Park Resort (the “Property”). The Property is currently zoned A-Accommodations pursuant to the Estes Valley Development Code. The Owners have filed a Final Townhome Subdivision application with the Town to create 33 individual lots and one outlot (Outlot A) pursuant to the Estes Valley Development Code; and The Board of Trustees of the Town has approved the Final Townhome Subdivision application subject to the execution of this Development Agreement. NOW THEREFORE, in consideration of the above Recitals which are incorporated herein and other good and valuable consideration, the parties agree as follows: 1. DENSITY TRANSFER. The Property is composed of 33 separate lots and one outlout (Outlot A) as shown on the Estes Park Resort final subdivision plat. Lots 1-32 and Outlot A require 288,000 SF of land per EVDC density requirements in the A-Accommodations zone district for 32 single-family homes. The project area consists of ~253,851 SF of land area. Lot 33 requires 100,800 SF of land area per EVDC density requirements in the A- Accommodations zone district for 56 accommodation units. Lot 33 consists of ~141,923 SF of land area. The applicant proposes to utilize the entire subdivision area of ~395,799 SF of land area when calculating the density requirements for Lots 1-32 and Lot 33, thus creating a density transfer from Lot 33 to Lots 1-32 and Outlot A . The required land area for the project is 388,800 SF. What is provided with the Estes Park Resort final subdivision is ~395,799 SF. 279 2 2. IMPERVIOUS COVERAGE TRANSFER. Lot 33 requires a maximum impervious coverage percentage of 50%. The lot layout and existing development are at a 62.9% impervious coverage. The applicant proposes to utilize the entire subdivision area when calculating the maximum impervious coverage allowed, thus creating a development rights transfer from Lots 1-32 and outlot A to Lot 33. All development within the subdivision is proposed to have a maximum impervious coverage of 49.84%. 3. NO WAIVER: No waiver of any provision of this Agreement will be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement signed by both the Town and Owner; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The Town’s failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Owner or the acceptance of any improvement. 4. AMENDMENT OR MODIFICATION: The parties to the Agreement may amend or modify this Agreement only by written instrument executed by the Town and the Owner. 5. SCOPE: This Agreement constitutes the entire agreement between the parties and no statement(s), promise(s), or inducement(s) that is/are not contained in this Agreement will be binding on the parties. 6. SEVERABILITY: If any part, term, or provision of this Agreement is held by the courts to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity of any other part, term, or provision and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 7. NOTICE: Any notice required or permitted by this Agreement will be deemed effective when personally deliver 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: Developer: Rocky Mountain Hotel Properties I, LLC 7502 Pinnacle Peak Rd., Unit B118 Scottsdale, AZ 85255 Town: Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 8. RECORDATION: The Town shall record a copy of this Agreement in the Clerk and Recorder’s Office of Larimer County, Colorado. 280 3 9. PERSONAL JURISDICTION AND VENUE: Personal jurisdiction and venue for any civil action commenced by either party to this Agreement arising out of or relating to the Agreement, will be deemed to be proper only if such action is commenced in the District Court for Larimer County. 10. SUCCESSORS AND ASSIGNS: The terms of this Agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. 11. VIOLATIONS: The Town shall have right to prevent and correct violations of this Development Agreement. If the Town finds a violation of this Agreement, the Town shall immediately notify the Owner in writing of the nature of the alleged violation. Upon receipt of this written notice, the Owner shall immediately restore the Property to its proper use prior to the violation. In the event that the Owner does not terminate the alleged violation and restore the Property to its proper use, the Town may bring an action in the District Court, Larimer County, Colorado to enforce all of its legal and equitable remedies. In said action, the Town shall be entitled to all reasonable attorneys’ fees, expert witness fees and court costs incurred if the Owner is found to have violated the terms and conditions of this Development Agreement. 12. LEGAL DESCRIPTION: Provisions of this Agreement affect the following described real property: Estes Park Resort of the Town of Estes Park, State of Colorado (the “Property”) 13. AGREEMENT TO RUN WITH THE PROPERTY: The parties understand and agree that the terms and conditions of this Development Agreement will run with the Property and will extend to and be binding upon the heirs, personal representatives, transfers, successors and assigns of the parties hereto. OWNER(S) ______________________________ Rocky Mountain Hotel Properties I, LLC STATE OF COLORADO ) )ss: COUNTY OF __________ ) 281 4 The foregoing Agreement was acknowledged before me this _____ day of ____________, 2017, by _________________________________. WITNESS my hand and official seal. SEAL ______________________________ Notary Public My Commission expires: __________ TOWN OF ESTES PARK: By: _________________________ Mayor ATTEST: ______________________________ Town Clerk 282 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Robin Becker Planner I Date: December 12, 2017 RE: Ordinance # 34-17 Proposed Text Amendment to Estes Valley Development Code: EVDC §5.4 Temporary Uses and Structures: Outdoor Mobile Food Vending Permit, §3-17 Outdoor Mobile Food Vending Permit Review Procedures and Standards, §4.4 Nonresidential Zoning Districts, Chapter 13 Definitions, and Appendix B Submittal Requirements Objective: Review and Recommendation on proposed text amendments to the Estes Valley Development Code (EVDC) regarding the inclusion of an Outdoor Mobile Food Vending Permit. The objective of this proposed code amendment is to revise the EVDC to do the following:  Provide an opportunity for a current unsatisfied need in the Estes Valley for Outdoor Mobile Food vendors to operate with a permit specific to the use.  Provide a clear interpretation of how and where this operation is allowed in specific zoning districts in the Estes Valley Zoning Code.  Update our plan to accommodate current mobile food vendor needs that are economically beneficial to the Town and local business owners. Present Situation: Currently the process to regulate these outdoor mobile food vendors is through a temporary use permit. It is common planning practice around the United States to provide a more streamlined and activity specific permit. This lack of applicable code and or permit specific to this use due to the fact that outdoor mobile food vendors were limited in existence and they have evolved in the past ten to fifteen years. It is our time to adapt to meet the changing food requests and needs of the population. Proposal: An outdoor mobile food vending permit would allow local and new entrepreneurs to become invested and involved in the Estes Valley. These businesses would also serve a need for alternative food options for businesses that find it cost prohibitive to have a kitchen on site, i.e. distilleries, breweries and beer gardens. The one year permit would allow for flexibility with both the businesses being served and the outdoor mobile food 283 vendor. Furthermore by providing this permit to local businesses and outdoor mobile food vendors we are allowing our community to both have their cake and eat it too. It is staff’s recommendation that including this outdoor mobile food vending permit in the EVDC would meet a growing need for both new and local businesses and locals and visitors alike. This is shown through our outreach with many current mobile food vendors and local businesses. These include feedback and code amendment contributions from Elkins Distilling Co, Lumpy Ridge Brewing Co, Rock Cut Brewing Co, and Snowy Peaks Winery. Further feedback was provided from Rations LLC, and Ladybug BBQ (food trucks operating in Town). We appreciate their time and energy in the public outreach process and hope to provide them the best with this Code Amendment. Amend EVDC section §5.4, §3-17, §4.4, Chapter 13 Definitions, and Appendix B Submittal Requirements, as stated in Exhibit A [“TB Draft”], dated December 12, 2017, attached. Advantages:  Provides a specific permit for outdoor mobile food vendors instead of attempting to add them to permits not applicable to their use; e.g., Temporary Use Permits.  Provides more food variety and options to locals, business owners and visitors.  More organized structure and health and safety regulation for Outdoor Mobile Food Vendors. Disadvantages:  Local restaurants may perceive a strain or more competition. Action Recommended: Review the amendment for compliance with Estes Valley Development Code (EVDC) §3.3.D Code Amendments, Standards for Review for a decision to approve, deny, or approve with conditions. Finance/Resource Impact: N/A Level of Public Interest High: This issue has attracted the interest of local business and restaurant owners. Low: This particular Code Amendment Sample Motion: APPROVAL I move that the Town Board of Trustees approve Ordinance No. 34-17, amending the Estes Valley Development Code as stated in Exhibit A, finding that the amendment is in accord with the Comprehensive Plan and with Section 3.3 of the Development Code. Attachments: Ordinance #34-17 Exhibit A- 284 ORDINANCE NO. 34-17 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE REGARDING OUTDOOR MOBILE FOOD VENDING PERMIT WHEREAS, on November 14, 2017, the Estes Valley Planning Commission conducted public hearings on proposed text amendments to the Estes Valley Development Code, Sections §5.4 Temporary Uses and Structures: Outdoor Mobile Food Vending Permit, §3-17 Outdoor Mobile Food Vending Permit Review Procedures and Standards, §4.4 Nonresidential Zoning Districts, Chapter 13 Definitions, and Appendix B Submittal Requirements; and WHEREAS, on November 14, 2017, the Estes Valley Planning Commission voted to recommend approval of the text amendment; and WHEREAS, the Board of Trustees of the Town of Estes Park finds the text amendment complies with Estes Valley Development Code §3.3.D Code Amendments, Standards for Review and has determined that it is in the best interest of the Town that the amendment to the Estes Valley Development Code, as set forth on Exhibit A, be approved; and WHEREAS, said amendment to the Estes Valley Development Code is 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: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit A. 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 Mayor ATTEST: 285 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 286 EXHIBIT A Estes Park Town Board of Trustees [December 12, 2017] Chapter 3. Review Procedures and Standards Table of Contents §3-17 OUTDOOR MOBILE FOOD VENDING PERMIT…………………………………………3-23 A. Applicability. B. Procedures for Approval of Outdoor Mobile Food Vending Permit. C. Conditions of Approval. D. Time Limits on Permit. 287 § 3.17 Outdoor Mobile Food Vending Permit A. Applicability. All outdoor mobile food vendor uses and structures shall obtain an Outdoor Mobile Food Vending Permit pursuant to the procedures set forth in this Section, prior to commencing operation and continuing throughout the entire period (s) of operation. B. Procedures for Approval of Outdoor Mobile Food Vending Permit. The procedure for processing or approving an application for an outdoor mobile food vending Permit shall be as follows: 1. Step 1: Pre-application Conference. A pre-application conference shall be voluntary for outdoor mobile food vending permit. 2. Step 2: Staff Review and Action. Within (10) days from the date a complete application is submitted, the Staff shall review the application according to the standards set forth in this code, and make a final decision to approve, approve with conditions or deny the application. C. Conditions of Approval. In approving an outdoor mobile food vending permit, the Staff may impose conditions, regarding control of nuisance factors (e.g., glare, noise, smoke, dust), provision of security and safety measures, and limitations on hours of operation, storage and parking, provided that staff determines such conditions are necessary to: 1. Achieve the general purposes of this Section and not interfere with specific purposes of the zoning district in which the outdoor mobile food vending use will be located, or to be consistent with the Code; 2. Protect the public health, safety and general welfare; or 3. Ensure operation and maintenance of the outdoor mobile food vending use in a manner compatible with existing uses on adjoining properties and in the surrounding area. D. Time Limits on Permit. Outdoor mobile food vending permits shall be valid for a specified period of time, not to exceed one year (365) days. 288 §4.4 Nonresidential Zoning Districts D. Additional Zoning District Standards……………………………………………………………………………………………4-21 1. Operational Requirements. a. Outdoor Sales, Use, Storage and Activity in the CD Zoning District. (3)Exceptions . Notwithstanding paragraph (1) above, the following outdoor uses, storage or activity shall be permitted within the CD zoning district: (f) Outdoor Mobile Food Vendor Uses. 289 Chapter 5. Use Regulations Table of Contents §5.4 OUTDOOR MOBILE FOOD VENDING USES………………………………………………5-27 A. Permit Required B. Permit C. General Standards for Review D. Outdoor Mobile Food Vending Uses Allowed 290 § 5.4 – Outdoor Mobile Food Vending Permit Uses A. Permit Required. All outdoor mobile food vending shall obtain an outdoor mobile food vending permit pursuant to the procedures set forth in §3.17 of this Code prior to commencing operation and continuing throughout the entire period (s) of operation. B. Permit. An outdoor mobile food vending permit authorizing an outdoor mobile food vending use shall be reviewed in accordance with the provisions of §3.17, and shall be reviewed, approved or revoked only in accordance with the regulations of this Section and §3.17. C. General Standards for Review. All outdoor mobile food vendors shall meet the following requirements: 1. Outdoor mobile food vending uses shall not violate any applicable conditions of approval that apply to the principal use on the site. 2. Outdoor mobile food vendors shall be classified as accessory uses in the zone districts in which they are permitted provided they are on lots that contain a principal building wherein active operations are being conducted. Outdoor vendors that qualify as accessory uses shall not be subject to change-of-use regulations which would otherwise require the properties upon which they are located be brought into compliance with the standards of this Code. 3. The proposed outdoor mobile food vending use shall be located, operated and maintained in a manner consistent with the policies and the provisions of this Code. 4. The outdoor mobile food vending use shall not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. 5. Outdoor mobile food vendors shall be prohibited on undeveloped lots. 6. The proposed outdoor mobile food vending shall comply with all applicable general and specific regulations of this Section and §3.17. 7. Permanent signs shall be prohibited. All approved temporary signs associated with the temporary use shall be removed when the activity ends. 8. The following additional requirements shall apply to outdoor mobile food vendor permits, as specified: a) Vend only on lots in zone districts (CD, CO, I1, A, and CH); b) Permanently affixed or paint any signage only on the mobile food facility, with no signs/banners in or alongside street right-of-way or across roadways. c) No permit applicant shall use, for the purpose of onsite storage, display, or sale, any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device not described on the permit. 291 9. The vehicles, structures, devices and other similar items described by the permit for any outdoor mobile food vendor shall not be located by the vendor in any of the following manners or places: a) Within the extended boundaries of a crosswalk b) Within ten (10) feet of the extension of any building entranceway, and or doorway; c) In an location in which the vehicle, structure or device may impede or interfere with or visually obstruct; 1) the safe movement of vehicular and pedestrian traffic; 2) parking lot circulation; or 3) access to any public street, alley or sidewalk; 10. Each permittee shall pick up and dispose of any paper, cardboard, wood or plastic containers, wrappers or any litter which is deposited within twenty- five (25) feet of the center point of the designated location or within twenty-five (25) feet of the point of any sale or transaction made by the permittee if any transect of the designated location exceeds twenty-five (25) feet. The permittee shall have available a suitable container for the placement of such litter by customers or other persons. 11. Each permittee shall not leave the outdoor mobile food facility unattended for more than fifteen (15) minutes at any one time while engaged in business operations described in the permit. 12. Each permittee shall prominently displace the permit issued hereunder in a location readily visible to the public on each vehicle, structure, device and any other item described in the permit. 13. Each permittee shall comply with the provisions of all applicable rules regulations and ordinances of the Town and County as well as requirements of all state and federal laws, including, but not limited to noise restrictions, sign regulations, limitations on discharge of liquid waste, sales tax requirements, food safety, wildlife protection and other related requirements. 14. No permittee shall operate from a location that is not authorized in the permit. 15. All lighting on vehicles must be compliant with applicable regulations. 16. The outdoor mobile food vending regulations of this Section shall not exempt the Applicant from any other required permits, such as health department permits or business licenses. 292 CHAPTER 13. DEFINITIONS § 13.3 - DEFINITIONS OF WORDS, TERMS AND PHRASES Outdoor Mobile Food Vendor; shall mean any person, whether as owner, agent, consignee or employee, who sells or attempts to sell, or who offers to the public free of charge, any services, goods, wares or merchandise, including, but not limited to, food or beverage, from any outdoor location. 293 Appendix B. Submittal Requirements Table of Contents XI. OUTDOOR MOBILE FOOD VENDING PERMIT SUBMITTAL REQUIREMENTS………………..B-19 A. Outdoor Mobile Food Vending Permit Application Requirements Appendix B XI. Outdoor Mobile Food Vending Permit- Submittal Requirements A. Outdoor Mobile Food Vending Permit application requirements The Application shall contain the following information: 1. An address or legal description for each location for which the application is made; 2. Written consent of the property owner(s) or lessee (s) of location(s) for which the application is made; 3. A sketch plan of each location for which the application is made, showing the location and approximate dimensions of existing and proposed structures, access, equipment and parking; 4. Statement of Intent: A written Statement of Intent explaining: a) The type or types of mobile food vendor operation the permittee will conduct; b) The period of time within which the applicant proposed to operate; c) The hours and days of proposed operation; 5. A brief description of any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device to be utilized by the permittee; 6. Any special terms and conditions of issuance; 7. A statement that the permit is personal and not transferable in any manner; 8. A statement that the permit is valid only when used at the location or locations designated on the permit; a statement that the permit is subject to the provisions of this Article. 9. Any other information the Applicant believes illustrates the proposed activity. 10. Documentation of a sales tax license in good standing issued by the Colorado Department of Revenue, the County and or the Town; 11. Documentation of regulatory approval as a retail food establishment by the County. 12. Fee. All applicable fees as set forth by the Community Development Department. 294 13. Any proposed grease trap disposal within the boundary of the Estes Valley Development Area shall require written prior approval by the appropriate sanitation district. 295       296 COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Randy Hunt, Community Development Director Date: December 12, 2017 RE: 2018 Contract between Town of Estes Park and Host Compliance, LLC for Specified Vacation Home Services Objective: Continue and modify an annual contractual agreement with Host Compliance, LLC, to provide services in connection with administration and enforcement of vacation home regulations in the Estes Valley. Present Situation: The Town and Host Compliance, LLC (essentially the same entity often known as “iCompass”) have been working together under contract since Jan. 1, 2017. Host Compliance (“HC”) has provided specific services under this contract during that time. As you may recall, Larimer County is obligated under our IGA (4th Amendment) to share in the HC contract cost 50/50 with the Town. The full list of current services is attached – see excerpt from the current 2017 Contract (“Scope of Services”). However, the primary value of their services to the Town and Valley has been in connection with two elements in the Scope: (a) Monitoring advertising and marketing of VHs in the Estes Valley, and flagging unauthorized VHs to staff’s attention; and (b) providing a 24-hour complaint/questions hotline for citizens and others. Staff’s judgment is that service (a) has worked very well. HC has brought a sizeable number of Vacation Homes in Estes Valley to our attention that do not match authorized, registered VHs in our database. Some of these turned out to be legitimate in other ways – for example, our practice has allowed centrally managed, individually owned condominium units to register under a single VH registration. (These are often known as “condo-tels”. The EVDC does need clarification on how those should be registered; this clarification will be underway in early 2018.) But we have also caught a number of genuinely unauthorized VH operations, and shepherded them into our registration process. (Staff is still compiling the number of unauthorized VHs from HC data at this writing, on Dec. 7; we will have the totals at the Dec. 12 meeting.) 297 With respect to function (b): This has also been working well; however, staff needs to confess that we did not fully understand HC’s procedure until recent weeks. Contrary to several of our staff public statements earlier, HC does in fact contact property owners directly - when the caller asks them to do so. We did not know (although we should have known) that HC was doing this in specific cases. Any caller to HC with a complaint of question is asked by HC (via voicemail menu) to state whether they (caller) wish to have HC contact the property manager for a given property. All HC calls are reported to our department, but only some callers opt to have the manager notified, too. As we did not know the managers were being called, it isn’t yet possible to know directly how well it is working. (Curiously, although we talk to many VH managers often, none of them have ever mentioned getting a HC referral, so we have no local feedback, either.) We can say that indirectly, we know of very few breakdowns in the communication process, although no doubt there are some we aren’t aware of. This glitch is not good, but we cannot say it is any failing on HC’s part. Staff continues to believe that the 24-hour hotline is a valuable service. We are looking into ways this can be a full 24/7 service, including weekend monitoring. We will hope to have additional information on this aspect in the Dec. 12 Town Board meeting. Proposal: The new contract is much like the old one, except there is one major difference: We worked with HC to identify and trim out several services that we haven’t been utilizing this year. The effect is a contract in the coming year that saves over 40 percent of current contractual cost. Comparing the draft 2018 contract with the Scope of Services in the 2017 contract will show which services were trimmed out; please compare p. 8 in the draft 2018 Agreement with pp. 8-9 in the current Scope, both attached. The new contract is $28,508 for services from Jan. 1, 2018 through Dec. 31, 2018. Per the IGA, the County will reimburse the Town for 50 percent of this amount. Advantages: • Provides a continuous and efficient way to monitor vhacation home operations in Estes Valley • Provides citizens the ability to have a central point of contact for questions and concerns about vacation homes Disadvantages: • As with all service contracts, there is a direct cost to the public via Town and County General funding in this case. Action Recommended: Staff recommends approval of the contract as drafted Budget: $28,508.00 for one year, shared 50/50 with Larimer County; Town cost = $14,254.00 298 Level of Public Interest Low interest in this specific contract; high interest in vacation home and in the issue of administering and enforcing compliance with adopted regulation. Sample Motion: I move that the Town Board of Trustees approve the “Host Compliance Software and Services Agreement”, for term Jan. 1, 2018 through Dec. 31, 2018, and authorize the Mayor and Clerk to sign the Agreement. Attachments: 1. “Host Compliance Software and Services Agreement”, for term Jan. 1, 2018 through Dec. 31, 2018 (unsigned – staff will provide original with Host Compliance signature for execution) 2. Copy of existing Host Compliance Scope of Services for 2017 (pp. 8-9 of 10 in existing contract) 299 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W www.hostcompliance.com 1 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 Host Compliance Software and Services Agreement THIS SOFTWARE AND SERVICES AGREEMENT (the "Agreement") is entered into as of the January 1, 2018 (the "Effective Date"), between Host Compliance LLC, ("Host Compliance") and Town of Estes Park, with an address at 170 MacGregor Avenue, Estes Park, CO 80517 (the "Customer"). This Agreement sets forth the terms and conditions under which Host Compliance agrees to license to Customer certain hosted software and provide all other services necessary for Customer's productive use of such software (the "Services") as further described in the attached Schedule 1. 1.0 Services. 1.1 Subscriptions. Unless otherwise provided in the attached Schedule 1, (a) Services are purchased as subscriptions, (b) additional service subscriptions may be added during a subscription term, with the pricing for such additional services, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscription. 1.2 Provision of Services. Customer and Customer's end-users ("End Users") may access and use the Services and any other Services that may be ordered by the Customer from time to time pursuant to a valid subscription in accordance with the terms of this Agreement. 1.3 Facilities and Data Processing. Host Compliance will use, at a minimum, industry standard technical and organizational security measures to store data provided by Customer, or obtained by Customer through the use of the Services ("Customer Data"). These measures are designed to protect the integrity of Customer Data and guard against unauthorized or unlawful access. 1.4 Modifications to the Services. Host Compliance may update the Services from time to time. If Host Compliance updates the Services in a manner that materially improves functionality, Host Compliance will inform the Customer. 2.0 Customer Obligations. 2.1 Customer Administration of the Services. Host Compliance' responsibilities do not extend to internal management or administration of the Services. Customer is responsible for: (i) maintaining the confidentiality of passwords and accounts; (ii) managing access to Administrator accounts; and (iii) ensuring that Administrators' use of the Services complies with this Agreement. 2.2 Compliance. Customer is responsible for use of the Services and will comply with laws and regulations applicable to customer's use of the Services, if any. 2.3 Unauthorized Use & Access. Customer will prevent unauthorized use of the Services and terminate any unauthorized use of or access to the Services. Customer will promptly notify Host Compliance of any unauthorized use of or access to the Services. 300 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W www.hostcompliance.com 2 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 2.4 Restricted Uses. Customer will not and will ensure that its End Users do not: (i) sell, resell, or lease the Services; or (ii) reverse engineer or attempt to reverse engineer the Services, nor assist anyone else to do so. 2.5 Third Party Requests. 2.5.1 "Third Party Request" means a request from a third party for records relating to Customer's or an End User's use of the Services including information regarding an End User. Third Party Requests may include valid search warrants, court orders, or subpoenas, or any other request for which there is written consent from End Users permitting a disclosure. 2.5.2 Customer is responsible for responding to Third Party Requests via its own access to information policies. Customer will seek to obtain information required to respond to Third Party Requests and will contact Host Compliance only if it cannot obtain such information despite diligent efforts. 2.5.3 If Host Compliance receives a Third Party Request, Host Compliance will make reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Customer of Host Compliance's receipt of a Third Party Request; (B) comply with Customer's reasonable requests regarding efforts to oppose a Third Party Request; and (C) provide Customer with information or tools required for Customer to respond to the Third Party Request (if Customer is otherwise unable to obtain the information). If Customer fails to promptly respond to any Third Party Request, then Host Compliance may, but will not be obligated to do so. 2.5.4 If Customer receives a Third Party Request for access to the Services, or descriptions, drawings, images or videos of the Services' user interface, Customer will make reasonable efforts, to the extent allowed by law and by the terms of the Third Party Request, to: (A) promptly notify Host Compliance of Customer's receipt of such Third Party Request; (B) comply with Host Compliance's reasonable requests regarding efforts to oppose a Third Party Request; and (C) provide Host Compliance with information required for Host Compliance to respond to the Third Party Request. If Host Compliance fails to promptly respond to any Third Party Request, then Customer may, but will not be obligated to do so. 3.0 Intellectual Property Rights; Confidentiality 3.1 Reservation of Rights. Except as expressly set forth herein, this Agreement does not grant (i) Host Compliance any intellectual Property Rights in the Customer Data or (ii) Customer any Intellectual Property Rights in the Services, any other products or offerings of Host Compliance, Host Compliance trademarks and brand features, or any improvements, modifications or derivative works of any of the foregoing. "Intellectual Property Rights" means current and future worldwide rights under patents, copyright, trade secret, trademark, moral rights and other similar rights. 3.2 Suggestions. Host Compliance may, at its discretion and for any purpose, use, modify, and incorporate into its products and services, and license and sub-license, any feedback, comments, or suggestions 301 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W www.hostcompliance.com 3 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 Customer or End Users send Host Compliance or post in Host Compliance' online forums without any obligation to Customer. 3.3 Confidential Information. Customer understands and agrees that it will not reveal, publish or otherwise disclose to any person, firm or corporation, without written authorization of Host Compliance, or except as required by law, any Confidential Information of Host Compliance, including without limitation any trade secrets, confidential knowledge, data or other proprietary information relating to the Services. "Confidential Information" means all information, written or oral, relating to the business, operations, services, facilities, processes, methodology, technologies, intellectual property, research and development, customers, strategy or other confidential or proprietary materials of Host Compliance. 4.0 Fees & Payment. 4.1 Fees. 4.1.1 Customer will pay Host Compliance for all applicable fees upfront annually. 4.1.2 Customer will pay any amounts related to the Services as per payment terms detailed on the applicable invoice. Unless otherwise indicated, all dollar amounts referred to in the Agreement are in U.S. funds. 4.1.3 Customer acknowledges that while it may choose to delay the implementation of the Services, this is not a valid reason for withholding payment on any invoices. Furthermore, the Customer will not withhold payment on any invoices for any other reason. 4.1.4 Except as expressly provided on Schedule 1, renewal of promotional or one-time priced subscriptions will be at Host Compliance's applicable list price in effect at the time of the applicable renewal. Unless Host Compliance provide Customer notice of different pricing at least 75 days prior to the applicable renewal term, the per unit pricing during any renewal term will increase by the larger of the 12-Month Consumer Price Index (not seasonally adjusted), as published by the United States Department of Labor, or five (5) percent. Notwithstanding anything to the contrary, any renewal in which the number of monitored short-term rental listings has increased or decreased from the prior term will result in re- pricing at renewal without regard to the prior term's per-unit pricing. 4.2 Taxes. Customer is responsible for all taxes. Host Compliance will charge tax when required to do so. If Customer is required by law to withhold any taxes, Customer must provide Host Compliance with an official tax receipt or other appropriate documentation. 4.3 Purchase Orders. If Customer requires the use of a purchase order or purchase order number, Customer (i) must provide the purchase number at the time of purchase and (ii) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement or the Services provided hereunder and are null and void. 5.0 Term & Termination. 302 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W www.hostcompliance.com 4 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 5.1 Term. The initial term of this Agreement shall be one year commencing on the Effective Date, which shall automatically renew for a further period of one year upon each expiry of the then current term, unless either party provides written notice to the other party of it intention not to renew at least 45 days prior to the end of the then current term. That said, the time period until the earlier of (a) the 6- month anniversary of the Effective Date, or (b) the start date of Customer's systematic or mass outreach activities utilizing the data obtained through the Services (traditional mail, electronic mail, and/or telephone campaigns), or (c) termination by Host Compliance in our sole discretion, shall be considered a trial period ("Trial Period"). 5.2 Termination for Convenience. If, for any reason during the Trial Period, Customer is dissatisfied with the Services, Customer may terminate the Subscription and all funds paid under this Agreement will be refunded and future commitments waived. 5.3 Effects of Termination for Convenience. If this Agreement is terminated by Customer in accordance with Section 5.2 (Termination for Convenience): (i) the rights granted by Host Compliance to Customer will cease immediately and Customer will no longer have the right to utilize the data obtained through the use of the Services for systematic or mass outreach activities (including traditional mail, electronic mail, and/or telephone campaigns); and (ii) after a reasonable period of time, Host Compliance may delete any Customer Data relating to Customer's account. The following sections will survive expiration or termination of this Agreement: 2.5 (Third Party Requests), 3.0 (Intellectual Property Rights; Confidentiality), 4.0 (Fees & Payments), 5.2 (Termination for Convenience), 5.3 (Effects of Termination for Convenience), 6.0 (Indemnification), 7.0 (Exclusion of Warranties; Limitation of Liability), and 8.0 (Miscellaneous). 5.4 Termination for Breach: Following the Trial Period, a party may terminate this Agreement for cause upon 45 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period. 5.5 Refund or Payment upon Termination for Breach. If this Agreement is terminated by Customer in accordance with Section 5.4 (Termination for Breach), Host Compliance will refund Customer any prepaid fees covering the remainder of the term of all Subscriptions after the effective date of termination. If this Agreement is terminated by Host Compliance in accordance with Section 5.4 (Termination for Breach), Customer will pay any unpaid fees covering the remainder of the term of the Agreement. In no event will Customer's termination after the first 6 months relieve Customer of its obligation to pay any fees payable to Host Compliance for the period prior to the effective date of termination. 5.6 Effects of Termination for Breach. If this Agreement is terminated in accordance with Section 5.4 (Termination for Breach): (i) the rights granted by Host Compliance to Customer will cease immediately (except as set forth in this section); (ii) Host Compliance may provide Customer access to its account at then-current fees so the Customer may export its Customer Data; and (iii) after a reasonable period of time, Host Compliance may delete any Customer Data relating to Customer's account. The following sections will survive expiration or termination of this Agreement: 2.5 (Third Party Requests), 3.0 (Intellectual Property Rights; Confidentiality), 4.0 (Fees & Payments), 5.5 (Refund or Payment upon 303 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W www.hostcompliance.com 5 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 Termination for Breach), 5.6 (Effects of Termination for Breach), 6.0 (Indemnification), 7.0 (Exclusion of Warranties; Limitation of Liability), and 8.0 (Miscellaneous). 6.0 Indemnification. 6.1 By Host Compliance. Host Compliance will indemnify, defend and hold harmless Customer from and against all liabilities, damages, and costs (including settlement costs and reasonable attorney's fees) arising out of any claim by a third party against Customer to the extent based on an allegations that Host Compliance' technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, patent or trademark right of the third party. In no event will Host Compliance have any obligations or liability under this section arising from: (i) use of any Services in a modified form or in combination with materials not furnished by Host Compliance and (ii) any content, information, or data provided by Customers, End Users, or other third parties. 6.2 By Customer. Customer will indemnify, defend, and hold harmless Host Compliance from and against all liabilities, damages, and costs (including settlement costs and reasonable attorney's fees) arising out of any claim by a third party against Host Compliance regarding: (i) Customer Data; (ii) Customer's use of the Services in violation of this Agreement; or (iii) End Users' use of the Services in violation of this Agreement. 6.3 Possible Infringement. If Host Compliance believes the Services infringe or may be alleged to infringe a third party's Intellectual Property Rights, then Host Compliance may (i) obtain the right for Customer, at Host Compliance' expense, to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement for the Services; or (iii) modify the Services so that they no longer infringe. If Host Compliance does not believe the options described in this section are reasonable then Host Compliance may suspend or terminate this Agreement and/or Customer's use of the affected Services with no further liability or obligation to the Customer other than the obligation to provide the Customer with a pro-rata refund of pre-paid fees for the affected portion of the Services. 6.4 General. The party seeking indemnification will promptly notify the other party of the claim and cooperate with the other party in defending the claim. The indemnifying party will have full control and authority over the defense, except that: (i) any settlement requiring the party seeking indemnification to admit liability requires prior written consent, not to be unreasonably withheld or delayed and (ii) the other party may join in the defense with its own counsel at its own expense. The indemnities above are Host Compliance' and Customer's only remedy under this Agreement for violation by the other party of a third party's Intellectual Property Rights. 7.0 Exclusion of Warranties; Limitation of Liability. 7.1 Exclusion of Warranties. Except as explicitly set forth in this Agreement, Host Compliance makes no other representation, warranty or condition, express or implied, and expressly excludes all implied or statutory warranties or conditions of merchantability, merchantable quality, durability or fitness for a particular purpose, and those arising by statute or otherwise in law or from a course of dealing or usage 304 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W www.hostcompliance.com 6 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 of trade with respect to the Services. Host Compliance does not make any representations or warranties of any kind to client with respect to any third party software forming part of the Services 7.2 Limitation on Indirect Liability. To the fullest extent permitted by law, except for Host Compliance and Customer's indemnification obligations hereunder, neither Customer nor Host Compliance and its affiliates, suppliers, and distributors will be liable under this Agreement for (i) indirect, special, incidental, consequential, exemplary, or punitive damages, or (ii) loss of use, data, business, revenue, or profits (in each case whether direct or indirect), even if the party knew or should have known that such damages were possible and even if a remedy fails of its essential purpose. 7.3 Limitation on Amount of Liability. To the fullest extent permitted by law, Host Compliance' aggregate liability under this Agreement will not exceed the amount paid by Customer to Host Compliance hereunder during the twelve months prior to the event giving rise to liability. 8.0 Miscellaneous. 8.1 Terms Modification. Host Compliance may wish to revise this Agreement from time to time. If a revision, in Host Compliance' sole discretion, is material, Host Compliance will notify Customer and possibly request that an Amendment to this Agreement be agreed upon and signed. If Customer does not agree to the revised Agreement terms, Customer may terminate the Services within 30 days of receiving notice of the change. 8.2 Entire Agreement. The Agreement including the invoice and order form provided by Host Compliance, constitutes the entire agreement between Customer and Host Compliance with respect to the subject matter of this Agreement and supersedes and replaces any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter of this Agreement. If there is a conflict between the documents that make up this Agreement, the documents will control in the following order: this Agreement, then the invoice, then the order form. 8.3 Governing Law. This Agreement will in all respects be governed exclusively by and construed in accordance with the laws of the State of California. 8.4 Severability. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and the remaining provisions of the Agreement will remain in full effect. 8.5 Waiver or Delay. Any express waiver or failure to exercise promptly any right under the Agreement will not create a continuing waiver or any expectation of non-enforcement. 8.6 Assignment. Customer may not assign or transfer this Agreement or any rights or obligations under this Agreement without the written consent of Host Compliance. Host Compliance may not assign this Agreement without providing notice to Customer, except Host Compliance my assign this Agreement or any rights or obligations under this Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void. 8.7 Force Majeure. Except for payment obligations, neither Host Compliance nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party's 305 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W www.hostcompliance.com 7 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action and Internet disturbance). 8.8 Procurement Piggybacking. Host Compliance agrees to reasonably participate in any "piggybacking" programs pertinent to local government. IN WITNESS WHEREOF Host Compliance and the Customer have executed this Agreement as of the Effective Date. Town of Estes Park by its authorized signatory: Name: Title: Date: Billing Contact: Billing Email: Billing Direct Phone: Host Compliance LLC by its authorized signatory: Name: Ulrik Binzer Title: Chief Executive Officer Date: Account Executive: Account Executive Email: Account Executive Phone: 306 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W www.hostcompliance.com 8 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 Schedule 1 Scope of Services: Trend Monitoring Monthly email-delivered report and live web-delivered dashboard with aggregate statistics on the short-term rental activity in the Estes Valley Development Area (“jurisdiction”): • Active monitoring of jurisdiction's short-term rental listings across 25 STR websites • Monthly analysis of jurisdiction's STR activity scale, scope and trends Address Identification Monthly email-delivered report and live web-delivered dashboard with complete address information and screenshots of all identifiable STRs in Town of Estes Park's jurisdiction: • Up-to-date list of jurisdiction's active STR listings • High resolution screenshots of all active listings (captured weekly) • Full address and contact information for all identifiable STRs in jurisdiction • All available listing and contact information for non-identifiable STRs in jurisdiction Compliance Monitoring Ongoing monitoring of the short-term rentals operating in Town of Estes Park's jurisdiction for zoning and permit compliance coupled with systematic outreach to non-compliant short-term rental property owners (using Town of Estes Park's form letters) ● Ongoing monitoring of STRs for zoning and permit compliance ● Pro-active and systematic outreach to unpermitted and/or illegal short-term rental operators (using jurisdiction's form letters) ● Monthly staff report on jurisdiction's zoning and permit compliance: ● Up-to-date list of STRs operating illegally or without the proper permits ● Full case history for non-compliant listings 7/24 Short-term Rental Hotline 24/7 staffed telephone and email hotline for neighbors to report non-emergency problems related to STR properties: ● Incidents can be reported by phone or email ● Full documentation of all reported incidents ● Digital recordings and written transcripts of all calls ● Ability for neighbors to include photos, video footage and sound recordings to document complaints 307 HOST COMPLIANCE, LLC Short-term Rental Compliance Monitoring and Associated Services HCSA - 5-5-2016 - W www.hostcompliance.com 9 735 Market Street Floor 4 Tel: (754) 888-HOST (4678) San Francisco, CA 94103 ● Real-time outreach to owners/managers of problem properties (whenever contact info is known) ● Weekly staff reports containing: ○ The # and types of reported incidents ○ List of properties for which incidents have been reported ● Custom reports and analysis of hotline related activities Total Annual Subscription Service Price $28,508 Note: Above pricing assumes 869 short-term rental listings in Town of Estes Park's jurisdiction. 308 309 310 FINANCE DEPT Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Duane Hudson, Finance Director Date: December 31, 2017 RE: Resolution #32-17, Supplemental Budget Appropriations for 2017 Objective: This resolution amends the 2017 budget to include appropriations for items not included in the original budget or other amendments adopted through the year. Present Situation: This is the final budget amendment for 2017. As such, departments were asked to review the current budget and then revise the estimated total 2017 expenditures for each account in their respective functions. This involves numerous smaller changes and revisions to estimates throughout many of the accounts. The revenue estimates are also reviewed for any needed adjustments as well. The following summarizes some of the most significant appropriation changes included within this budget amendment: a. General Fund: $246,384 Net Decrease • Executive Dept. - $43,877 Increase  Increase in other benefit costs of $24,200 for payment of interest on past PERA EAD & SAED contributions for Exec Dept. personnel in ICMA paid in 2017  Increase in land improvement costs of $35,214 for the Willow’s Knolls Legacy project not previously budgeted – paid for by centennial logo licensing fees and donations • Engineering Dept. - $55,948 Increase  Increase in estimate of total payroll and benefit costs of $12,057 resulting from position changes and vacancies  Increase in other benefit costs of $6,900 for payment of interest on past PERA EAD & SAED contributions for personnel in ICMA paid in 2017  Increase in general engineering consulting costs of $37,233 • Parks Dept. - $11,695 Increase  Decrease in estimate of total payroll and benefit costs of $20,930 resulting from position changes and vacancies  Increase in appropriations for utilities of $ 32,625 based upon actual 311 • Various Other Depts. - $357,904 Decrease  Much of this decrease is due to estimates of total payroll and benefit costs resulting from position changes and vacancies b. Community Reinvestment Fund: $202,859 Net Increase • Street Improvements - $216,891 Increase  Increase for Moraine Ave Bridge project – offset by increased grant revenues c. Street Fund: $302,875 Net Increase • Street Improvements - $299,950 Increase  Increase for additional road repairs d. Light & Power Fund: $880,924 Net Decrease • Various L&P Depts. - $171,872 Decrease  Decrease in estimate of total payroll and benefit costs resulting from position changes and vacancies • GIS Expenses - $145,000 Decrease  Decrease based on actual costs incurred • Capital Outlay - $586,052 Decrease  Decrease based on actual project costs as detailed on Attachment E – Summary of Budgeted Projects e. Water Fund: $256,390 Net Decrease • Capital Outlay - $246,000 Decrease  Decrease based on actual project costs as detailed on Attachment E – Summary of Budgeted Projects f. Vehicle Replacement Fund: $129,000 Net Increase • Capital Outlay - $129,000 Increase  Increase to move acquisition of new JD excavator from Water Fund to Vehicle Replacement Fund to account for all vehicle and equipment acquisitions in the same manner – additional funds were transferred from the Water Fund to the Vehicle Replacement Fund to pay for this new addition to the fleet Proposal: Staff is seeking approval of the amendments to the 2017 budget and its accompanying resolution with the modifications proposed above. Advantages: The Town will have budget authorization to pay operational and capital costs as needed. Disadvantages: The disadvantage to not approving the supplemental budget for 2017 is that the Town would not have budget authority to complete these items as planned. Action Recommended: Staff recommends approval of the 2017 supplemental budget appropriation resolution. 312 Finance/Resource Impact: The Funds identified above will be impacted as a result of this amendment. Level of Public Interest There has been no public interest expressed about this budget amendment. Sample Motion: I move for the approval/denial of Resolution 32-17 appropriating additional sums of money for the Town of Estes Park for the budget year ended December 31, 2017. Attachments: Attachment A: Resolution No 32-17, Supplemental Budget Appropriations for 2017 Attachment B: Recap of Proposed Budget Adjustments Attachment C: Summary of Anticipated Revenue Adjustments Attachment D: Summary of Supplemental Appropriations Attachment E: Summary of Budgeted Projects 313 RESOLUTION FOR SUPPLEMENTAL BUDGET APPROPRIATIONS for 2017 NO. 32-17 A RESOLUTION APPROPRIATING ADDITIONAL SUMS OF MONEY FOR THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2017 AND ENDING ON THE LAST DAY OF DECEMBER 2017. WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the annual budget in accordance with the Local Government Budget Law on December 13th, 2016; and WHEREAS, over the course of the fiscal year ending December 31, 2017, the projects and estimates included in the adopted budget have been revised to include some additional projects; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the appropriations be decreased by $767,445 for funds specified below and these amounts are hereby appropriated from additional revenue or available fund balance of each fund. Fund # Fund Name Existing Appropriations Amendment Amended Appropriations 101 General Fund 23,780,842 (246,384) 23,534,458 204 Community Reinvestment Fund 11,789,308 202,859 11,992,167 211 Conservation Trust Fund 32,716 0 32,716 220 Larimer County Open Space Fund 3,160,211 (1,329) 3,158,882 236 Emergency Response System Fund 75,842 0 75,842 238 Community Center Fund 694,632 (11,000) 683,632 244 Trails Fund 1,014,371 0 1,014,371 260 Street Fund 2,788,372 302,875 3,091,247 502 Light & Power Fund 20,027,487 (880,924) 19,146,563 503 Water Fund 7,138,957 (256,390) 6,882,567 606 Medical Insurance Fund 2,340,020 0 2,340,020 612 Fleet Maintenance Fund 407,680 (9,185) 398,495 625 Information Technology Fund 1,044,556 3,033 1,047,589 635 Vehicle Replacement Fund 474,013 129,000 603,013 Total All Funds 74,769,007 (767,445) 74,001,562 314 ADOPTED this 12th day of December, 2017. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 315 Town of Estes ParkRecap of Proposed Budget AdjustmentsFor Year Ended 12-31-2017Resolution 32-17As of Dec 12, 2017101204211220236238244260GENERAL FUNDCOMMUNITY REINVESTMENTCONSERVATIONTRUSTLARIMER COUNTY OPEN SPACEEMERGENCY RESPONSECOMMUNITY CENTER TRAILS STREETRevenues, As Amended22,964,283$ 11,005,907$ 32,371$ 3,410,188$ 67,761$ 683,632$ 457,246$ 2,793,758$ Expenses, As Amended23,534,458 11,992,16732,716 3,158,88275,842683,632 1,014,371 3,091,247Net(570,175) (986,260)(345)251,306(8,081)0(557,125) (297,489)Estimated Beginning Fund Balance, 1/1/175,422,086 1,206,84235,558(247,404)36,0131703,829 3,445,370Estimated Ending Fund Balance, 12/31/174,851,911$ 220,582$ 35,213$ 3,902$ 27,932$ 1$ 146,704$ 3,147,881$ Budget Restrictions - Nonspendable Prepaid Fund Balance45,000 20.4%502 503 606 612 625 635LIGHT & POWER WATERMEDICAL INSURANCE FLEETINFORMATIONTECHNOLOGYVEHICLE REPLACEMENT TOTALRevenues, As Amended17,058,510$ 6,436,445$ 2,398,946$ 397,797$ 618,582$ 927,936$ 69,253,362$ Expenses, As Amended19,146,563 6,882,567 2,340,020398,495 1,047,589603,013 74,001,562Net(2,088,053) (446,122)58,926(698) (429,007)324,923(4,748,200)Estimated Beginning Fund Balance, 1/1/178,330,241 6,723,761 322,386 285,138 626,722 1,026,878 27,917,421Estimated Ending Fund Balance, 12/31/176,242,188$ 6,277,639$ 381,312$ 284,440$ 197,715$ 1,351,801$ 23,169,221$ Attachment B316 Town of Estes Park Summary of Anticipated Revenue Adjustments For Year Ended 12-31-2017 Resolution 32-17 As of Dec 12, 2017 Fund/Dept Current Budget Budget Amendment #4 Budget As Amended 101 GENERAL FUND 23,183,061 (218,778) 22,964,283 204 COMMUNITY REINVESTMENT 10,789,016 216,891 11,005,907 211 CONSERVATION TRUST 32,371 - 32,371 220 LARIMER COUNTY OPEN SPACE 3,410,188 - 3,410,188 236 EMERGENCY RESPONSE 68,861 (1,100) 67,761 238 COMMUNITY CENTER 694,632 (11,000) 683,632 244 TRAILS 462,646 (5,400) 457,246 260 STREET 2,808,858 (15,100) 2,793,758 502 LIGHT & POWER 17,038,268 20,242 17,058,510 503 WATER 6,436,445 - 6,436,445 606 MEDICAL INSURANCE 2,398,946 - 2,398,946 612 FLEET 397,797 - 397,797 625 INFORMATION TECHNOLOGY 618,582 - 618,582 635 VEHICLE REPLACEMENT 753,476 174,460 927,936 716 THEATER - - - TOTAL 69,093,147 160,215 69,253,362 Attachment C 317 Town of Estes Park Summary of Supplemental Appropriations For Year Ended 12-31-2017 Resolution 32-17 As of Dec 12, 2017 Fund/Dept Current Budget Budget Amendment #4 Budget As Amended 101 GENERAL FUND 101-1100 Legislative 199,619 (6,842) 192,777 101-1200 Judicial 53,889 1,893 55,782 101-1300 Executive 519,089 43,877 562,966 101-1400 Admin Svcs 544,325 (39,075) 505,250 101-1500 Finance 509,066 (8,157) 500,909 101-1600 Com Dev ( Planning)1,107,067 (23,187) 1,083,880 101-1700 Facilities 1,192,204 17,053 1,209,257 101-1800 Employee Benefits 136,990 (7,000) 129,990 101-1900 CS grants 993,822 (12,259) 981,563 101-2100 Police 2,923,351 (75,376) 2,847,975 101-2155 Police - Communications 1,289,756 (56,630) 1,233,126 101-2175 Police - Comm Svcs 324,442 (26,681) 297,761 101-2300 Building Safety Divison 755,579 (33,542) 722,037 101-2400 Engineering 794,581 55,948 850,529 101-2600 Visitor Center 410,828 (18,559) 392,269 101-3100 Streets 6,945,745 (5,039) 6,940,706 101-5200 Parks 1,061,868 11,695 1,073,563 101-5304 Senior Center 351,150 (10,429) 340,721 101-5500 Events 1,912,081 (31,051) 1,881,030 101-5600 Transportation 442,476 (5,866) 436,610 101-5700 Museum 334,993 (17,157) 317,836 101-9000 Transfers 977,921 - 977,921 101 GENERAL FUND 23,780,842 (246,384) 23,534,458 204 COMMUNITY REINVESTMENT 11,789,308 202,859 11,992,167 211 CONSERVATION TRUST 32,716 - 32,716 220 LARIMER COUNTY OPEN SPACE 3,160,211 (1,329) 3,158,882 236 EMERGENCY RESPONSE 75,842 - 75,842 238 COMMUNITY CENTER 694,632 (11,000) 683,632 244 TRAILS 1,014,371 - 1,014,371 260 STREET 2,788,372 302,875 3,091,247 502 LIGHT & POWER 20,027,487 (880,924) 19,146,563 503 WATER 7,138,957 (256,390) 6,882,567 606 MEDICAL INSURANCE 2,340,020 - 2,340,020 612 FLEET 407,680 (9,185) 398,495 625 INFORMATION TECHNOLOGY 1,044,556 3,033 1,047,589 635 VEHICLE REPLACEMENT 474,013 129,000 603,013 TOTAL ALL FUNDS 74,769,007 (767,445) 74,001,562 Attachment D 318 Town of Estes ParkSummary of Budgeted ProjectsFor Year Ended 12-31-2017Resolution 32-17As of Dec 12, 2017Project Name/Description Project Code ACCOUNT NUMBER 2017 Project Budget (After BA#3) 2017 Amendment Total Project Budget After Amendment VETERANS MEMORIAL PROJECTVETMON 101-1300-413-31-1385,000 - 85,000 WILLOW KNOLLS LEGACY PROJECTWILL17 101-1300-413-31-13- 35,214 35,214 DOCUMENT MANAGEMENT SOFTWARE & EQUIP DOCMGT 101-1400-414.37-01165,554 (25,000) 140,554 DOWNTOWN ESTES PARK NEIGHBORHOOD PLANDTDOLA 101-1600-416.22-13193,627 - 193,627 FLEET/STREETS ROOF FLROOF 101-1700-417.32-22150,000 - 150,000 PAINT EXTERIOR OF FISH HATCHERY RENTALSHPAINT 101-1700-417.32-2238,800 - 38,800 TOWN HALL ROOFS ( ENGINEERING & PD WINGS)THROOF 101-1700-417.32-2290,000 - 90,000 TOWN HALL WINDOWS (CD & BS SIDE)THWIND 101-1700-417.32-2270,000 - 70,000 MPEC SERVER ROOM AC EC AC 101-1700-417.33-3210,000 - 10,000 SECURITY CAMERAS PHASE 2 SECCAM 101-1700-417.33-3226,000 - 26,000 MORAINE AVE BRIDGEMORBRG 101-2400-424.22-02207,130 - 207,130 STORMWATER MASTER PLANSTORM 101-2400-424.22-02278,547 - 278,547 SANDER REPLACEMENTS - 2STSNDR 101-3100-431.34-9816,000 - 16,000 FISH CREEK ROAD REPAIRSFHWAFC 101-3100-431.36-555,228,525 - 5,228,525 FISH CREEK ROAD REPAIRS5CATC 101-3100-431.36-55690,537 690,537 JD CART 4X4 ECCART 101-5200-452.34-9810,000 - 10,000 SANDER REPLACEMENT - 1ECSNDR 101-5200-452.34-9810,000 - 10,000 REBUILD CENTER ARENA FOOTING AT EVENT CENTER ARNAFT 101-5500-455.32-22125,000 - 125,000 TOTAL GENERAL FUND 7,394,720 10,214 7,404,934 MUSEUM COLLECTIONS AND RESEARCH FACILITYMUSCOL 204-5400-544.22-0270,480 - 70,480 MUSEUM REMODELMUSREM 204-5400-544.32-22210,000 - 210,000 COMMUNITY DR ENGINEERING DESIGNCOMMDR 204-5400-544.35-5150,000 - 50,000 MORAINE AVE BRIDGEMORBRG 204-5400-544.35-512,000,000 216,891 2,216,891 DOWNTOWN PARKING PLAN DTNPKG 204-5400-544.35-5245,000 - 45,000 PARKING GARAGECVBPRK 204-5400-544.35-528,315,943 (15,000) 8,300,943 PARKING LOT REPAIRSPARKLT 204-5400-544.35-52- 123,500 123,500 DMS ELECTRONIC SIGNS US36/US34 DYNMSG 204-5400-544.36-52181,960 - 181,960 TOTAL COMMUNITY REINVESTMENT FUND 10,873,383 325,391 11,198,774 MORAINE AVE BRIDGEMORBRG 220-4600-462.22-0250,067 (67) 50,000 SCOTT PONDS (CARRIAGE HILLS) DAMCDBGCH 220-4600-462.22-0230,663 - 30,663 MACGREGOR AVE TRAIL MCGRTR 220-4600-462.35-60300,000 - 300,000 Attachment E319 IRRIG IMPR RIVERWALK US36 TO CHILDRENS PARKPRKIRR 220-4600-462.35-6165,000 - 65,000 IRRIG IMPROV LIBRARY, RIVERSIDE PARK & TREGENT PARKPRKIRR 220-4600-462.35-6166,500 - 66,500 VISITOR CENTER BIG T RIVERBANK STABILIZATION VCRVRB 220-4600-462.35-6113,585 - 13,585 FISH CREEK TRAIL11CATG 220-4600-462.36-612,163,915 - 2,163,915 TOTAL LARIMER COUNTY OPEN SPACE FUND 525,815 (67) 525,748 4TH DISPATCH CONSOLE PROJECTDCCONS 236-3600-436.33-3111,929 - 11,929 TOTAL EMERGENCY RESPONSE SYSTEM FUND11,929 - 11,929 MACGREGOR AVE NORTH OF WONDERVIEW IMPROVEMENTS MCGRTR 244-3400-434.36-60250,000 - 250,000 FALL RIVER TRAIL FRTRL 244-3400-434.36-6091,371 - 91,371 TOTAL TRAILS FUND 341,371 - 341,371 GENERAL ENGINEERING AND DRAINAGE DESIGN WORKGENENG 260-2000-420.22-0270,000 - 70,000 MACGREGOR AVE IMPROVEMENTSMCGRTR 260-2000-420.35-51800,000 - 800,000 DRY GULCH ROAD REBUILDDRYGUL 260-2000-420.35-51229,748 - 229,748 FLAP/RAMP ESTIMATED COSTSFLAP 260-2000-420.36-60567,271 - 567,271 TOTAL STREET FUND 1,099,748 - 1,099,748 PARKING GARAGECVBPRK 502-6301-540.25-3320,000 - 20,000 OFFICE EQUIPMENTEQUIP 502-7001-580.33-327,000 (7,000) - SERVER FOR METERING - AMI MTRSVR 502-7001-580.33-3325,000 - 25,000 METERSELMTR 502-7001-580.33-34- 80,000 80,000 TRANSFORMER PURCHASESTRANSF 502-7001-580.33-35112,052 27,948 140,000 SMART METER PURCHASESSMTMTR 502-7001-580.33-3625,000 - 25,000 NONSPECIFIC TOOLSEQUIP 502-7001-580.33-4110,000 29,000 39,000 STREET LIGHTING, POLES & FIXTURES LIGHTS 502-7001-580.35-55135,496 (105,000) 30,496 2017 ELECTRIC LINE REBUILDS LRBLDS 502-7001-580.35-57200,000 50,000 250,000 ALLENSPARK CIRCUIT UNDERGROUND WORKAP2016 502-7001-580.35-58323,206 80,350 403,556 2017 UNDERGROUND LINES WORKLRBLDS 502-7001-580.35-58543,450 (511,000) 32,450 FISH CREEK PHASE II UNDERGROUND LINES FISHC2 502-7001-580.35-58264,217 (80,350) 183,867 MORAINE AVE BRIDGE UTILITY CROSSINGMORB17 502-7001-580.35-58131,500 - 131,500 BROADBAND PROJECTBB0001 502-7001-580.35-661,092,206 - 1,092,206 MIDDLE MILE FIBER TO ALENSPARK/LITTLE VALLEYAP2016 502-7001-580.35-66532,483 (150,000) 382,483 AR & CLICK-TO-GOV UTILITY BILLING MODULESUBPRTL 502-7001-580.37-0176,027 - 76,027 TOTAL LIGHT & POWER FUND 3,497,637 (586,052) 2,911,585 BUILDING WORK AT GLACIER PLANT GPBLDG 503-7000-580.32-22215,000 (25,000) 190,000 SCADA UPGRADES AT GLACIER WTPGPSCAD 503-7000-580.33-36117,990 - 117,990 VARIOUS LAB EQUIPMENTEQUIP 503-7000-580.33-375,500 - 5,500 FEEDER REPLACEMENT WTFEED 503-7000-580.33-4017,000 - 17,000 STORAGE TANK MIXER WTMISR 503-7000-580.33-4012,000 - 12,000 Attachment E320 VARIOUS EQUIPMENTWTEQIP 503-7000-580.34-42129,000 (129,000) - NCWCD SUBDISTRICT WATER RIGHTS (INCLUSIONS) NCWTR 503-7000-580.35-5441,400 - 41,400 PRV VAULT METERING PVRMTR 503-7000-580.35-5416,000 - 16,000 WATERLINE REPLACEMENT PROJECT - 201717WTRL 503-7000-580.35-54401,370 (107,750) 293,620 PEMPWCo SYSTEM DESIGN & CONSTRUCTIONPEMPWC 503-7000-580.35-541,187,000 - 1,187,000 MORAINE AVE BRIDGE UTILITY CROSSINGMORB17 503-7000-580.35-54310,000 - 310,000 REDUNDANT WATER SOURCE - BIG THOMPSON WATER RIGHTS WTRABT 503-7000-580.35-54100,000 - 100,000 UTILITY MASTER PLANWTRMPL 503-7000-580.35-6250,882 10,000 60,882 GIS WORKWTRGIS 503-7000-580.37-01- 5,750 5,750 TOTAL WATER FUND 2,603,142 (246,000) 2,357,142 PUBLIC ACCESS WIFI PROJECTSIPA17 625-2500-425.33-335,900 - 5,900 ALLENSPARK NETWORK GEAR APNETW 625-2500-425.33-988,000 - 8,000 FIBER SWITCH GEAR TO LONGMONT NETWRK 625-2500-425.33-9815,000 - 15,000 FIREWALL VLAN ENHANCEMENT NETWRK 625-2500-425.33-985,000 - 5,000 NEW NETWORK SERVER NETWRK 625-2500-425.33-9820,000 - 20,000 NEW NETWORK SWITCHES NETWRK 625-2500-425.33-985,000 - 5,000 PRPA RING SWITCHES/GEAR FOR NEW CIRCUIT NETWRK 625-2500-425.33-9815,000 - 15,000 TOTAL INFORMATION TECHNOLOGY FUND73,900 - 73,900 EVENTS G-123 06 BOBCAT 2200 4X4 G-123 635-7000-435.34-4219,000 - 19,000 L&P 93323A 06 FORD F-550 4X4 93323A 635-7000-435.34-4259,666 - 59,666 PARKS G-60A FORD F-550 4X4 G-60A 635-7000-435.34-4285,603 - 85,603 POLICE G-78B 09 DODGE CHARGER G-78B 635-7000-435.34-4232,000 - 32,000 STREETS G-63A 08 FORD F-550 4X4 G-63A 635-7000-435.34-4275,000 - 75,000 STREETS G-75B 06 GMC K3500 4X4 G-75B 635-7000-435.34-4233,885 - 33,885 WATER TRUCK BEDS FOR 2 TRUCKS - 9032C & 9033BBD9032 635-7000-435.34-4240,000 - 40,000 L&P FORK LIFT REPLACEMENTS - 2 - 93387A & 93388A93387A 635-7000-435.34-4262,329 - 62,329 L&P UNIT # 93342 - NEW ADDITIONAL TRUCK93342 635-7000-435-34-4266,530 - 66,530 WATER FUND JD EXCAVATOR90393 635-7000-435-34-42- 129,000 129,000 TOTAL VEHICLE REPLACEMENT FUND 474,013 129,000 603,013 TOTAL PROJECT RECAP 29,553,773 (531,728) 29,022,045 Attachment E321       322 ADMINISTRATION Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Travis Machalek, Assistant Town Administrator Date: December 12, 2017 RE: 2018 – 2022 Capital Improvement Plan Objective: To present the 2018 – 2022 Capital Improvement Plan (CIP) for Town Board consideration. Present Situation: The attached 2018 – 2022 Capital Improvement Plan is the first to be developed using the Town’s new capital improvement planning process. The development of this document began in March and has run parallel with the budget process. The 2018 projects in the CIP are all reflected in the proposed 2018 budget with the exception of the Downtown Estes Loop (Town Portion) project. This project has encumbered funds which will be rolled over from the 2017 budget in early 2018. Proposal: The 2018 – 2022 CIP development process was a significant first step in addressing the Town’s capital planning needs. The Town now has a repeatable process to recognize, record, and plan for its future capital needs. Staff will continue to work to refine the capital planning process and this document. The adoption of this CIP does not grant any spending authority or directly allocate any resources (this is only done through the budget). Advantages: • Capital improvement planning allows for the Town to more fully recognize future needs and prioritize spending accordingly. • Continuous improvement to the capital improvement planning process will allow staff to refine and add value to the planning process every year. Disadvantages: • Changing and improving processes takes time and resources that could be expended on other projects. However, staff believes that investing time and 323 resources in improving the capital planning process is worthwhile and advances the Town Board’s Strategic Plan. Action Recommended: Staff recommends adoption of the 2018-2022 Capital Improvement Plan. Finance/Resource: No direct budgetary impact. Level of Public Interest Medium. Sample Motion: I move to adopt/not adopt the 2018-2022 Capital Improvement Plan. Attachments: • 2018-2022 Capital Improvement Plan 324 Town of Estes Park Capital Improvement Plan 2018 - 2022 325 TOWN OF ESTES PARK, COLORADO Mayor Elected 2016 Todd Jirsa Mayor Pro Tem Elected as Trustee 2010, re-elected 2014 Wendy Koenig Trustees Elected 2012, Re-elected 2016 Ron Norris Elected 2014 Bob Holcomb Elected 2014 Ward Nelson Elected 2016 Patrick Martchink Elected 2016 Cody Walker Leadership Team Frank Lancaster Town Administrator Travis Machalek Assistant Town Administrator Jackie Williamson Town Clerk/Director of Administrative Services Duane Hudson Finance Director Wes Kufeld Chief of Police Randy Hunt Director of Community Development Rob Hinkle Director of Community Services Greg Muhonen Director of Public Works Reuben Bergsten Director of Utilities Kate Rusch Public Information Officer CIP Development Team Kevin Ash Engineering Manager Reuben Bergsten Director of Utilities Sarah Clark Light and Power Administrative Assistant Chris Eshelman Water Superintendent Rob Hinkle Director of Community Services Jon Landkamer Facilities Manager Joe Lockhart Line Superintendent Kevin McEachern Public Works Operations Manager Greg Muhonen Director of Public Works Susie Parker Utilities Administrative Assistant Cliff Tedder Water Distribution Supervisor Megan Van Hoozer Public Works Administrative Assistant Jackie Williamson Town Clerk/Director of Administrative Services Brenda Wyss Water Administrative Assistant Travis Machalek Assistant Town Administrator 326 Table of Contents Introduction ..................................................................................................................................... 4 Executive Summary ........................................................................................................................ 5 CIP Process ..................................................................................................................................... 8 Prioritization ................................................................................................................................... 9 Capital Financing Strategy ............................................................................................................ 10 Assumptions and Risk................................................................................................................... 11 Guide to Project Detail Sheets ...................................................................................................... 12 Project List by Department ........................................................................................................... 15 Project List by Funding Source..................................................................................................... 21 Index of Project Detail Sheets ....................................................................................................... 28 Project Detail Sheets ..................................................................................................................... 32 327 Introduction Background Capital investments made by the Town of Estes Park play a key role in ensuring the Town’s ability to provide high-quality, reliable services to the community. As the need for funding continues to increase across all Town Departments, it is imperative that the organization plan for the maintenance, replacement, and expansion of its capital assets. To that end, staff has developed a capital improvement planning process to create an annual Capital Improvement Plan (CIP). A CIP is a tool used by local governments to plan for major projects and acquisitions over a select period of time (the Town has selected a 5-year timeline). A CIP is not a multi-year capital budget, nor is it a complete list of all the Town’s capital needs. Planning for capital improvements is a fluid process and new information and/or needs can result in significant alterations to the projects and prioritizations contained in a CIP. A CIP is beneficial for the Town of Estes Park because it: •Provides for the replacement and rehabilitation of existing capital assets; •Allows time for project design and any necessary land/easement acquisitions; •Allows time to arrange financing; •Provides outside entities (developers, special districts, business owners, and citizens) with information about where the Town is planning on investing in capital improvements; and •Allows for the prioritization of Town capital projects. For the purposes of the Town’s capital planning process, a capital project is any expenditure that costs $50,000 or more and has a useful life of more than one (1) year, a Master Plan, or other significant projects that are included at the discretion of the appropriate Department Director. Vehicles, equipment, operating expenses, and projects with a total cost less than $50,000 or a useful life of less than one (1) year are generally not included in the CIP. Linkage to Strategic Plan The connection between the Town Board’s adopted Strategic Plan and the CIP is vital. The planned capital projects in the CIP all support the outcome areas, goals, and objectives contained in the Strategic Plan. The project detail sheets make this connection explicit by listing the Board Goals that are supported by each project. Limitations While a CIP is an excellent planning tool for the Town, it is important to recognize its limitations. First, the CIP does not match, dollar for dollar, the Town’s 2018 budget for capital expenditures. There are many projects that do not meet the $50,000 threshold for inclusion in the CIP that are 328 still categorized as capital projects in accordance with the Town’s accounting capitalization threshold ($5,000). The $50,000 CIP-inclusion threshold was selected because projects of that magnitude and larger generally require more advanced planning and consideration. There is also one major project (the Downtown Estes Loop – Town Portion) which will not be reflected in the 2018 budget until the rollover of 2017 encumbered funds is completed. Second, the projects selected for inclusion in the CIP (and the prioritization of those projects) is always subject to change. The Town operates in a complex and ever-changing environment. New data or major events can, and likely will, shift the prioritization of projects after the CIP has been published. Lastly, the CIP is not a full and complete picture of the Town’s capital needs. There are projects that have not been included in the CIP for a variety of reasons. This does not mean that non- included projects are not important, only that they have not risen to the level of awareness of the projects that have been included. Staff is continuing to explore cost/time-effective options to more fully reflect all of the Town’s capital and capital maintenance needs. Executive Summary All-Fund Summary The Town of Estes Park plans to spend $9,231,192 on 20 major capital projects in 2018. This represents a significant investment in the capital assets that serve the community. 37% 6% 24% 14% 19% 2018 Planned Capital Expenditures by Fund State Grant or Loan General Fund 1A Sales Tax Funds Light and Power Fund Water Fund 329 General Fund Projects There are five (5) General Fund capital projects planned in 2018 for a total estimated expenditure of $523,800. •Arena 1-4 Footing Renovation •Document Management System •Event Center Acoustics •Events Complex Mobile Stage 1% 62% 4% 14% 19% 2018 Planned Capital Expenditures by Department Administrative Services Public Works Community Services Light and Power Water 1% 0.5% 61% 4% 14% 19% 2018 Planned Expenditures by Divison Town Clerk Facilities Streets Fairgrounds and Events Light and Power Water 330 •Town Hall Windows – Second Floor West The Arena 1-4 Footing Renovation, Event Center Acoustics, and Events Complex Mobile Stage projects reflect an investment in the future of the Town’s Community Services Department. These enhancements will allow the Community Services Department to continue to grow revenue and enhance the visitor/use experience at the Estes Park Events Complex. The Town continues to implement a Document Management System (Laserfiche). The 2018 expenditures for this project also include the addition of a module that will replace critical software in the Building Division. The Town Hall Windows project will prolong the useful life of an existing capital asset. Light and Power Fund Projects Light and Power has five (5) projects planned for 2018 for a total estimated expenditure of $1,290,000. •Automated Meter Reading Improvements •Dandie Way •Goblin Castle •Highway 34 Big Thompson Canyon •Longs Peak Area Four of these projects (Dandie Way, Goblin Castle, Highway 34 Big Thompson Canyon, and Longs Peak Area) are rebuilds of existing power lines that will improve power quality and reduce outages. The continuation of the Automated Meter Reading Improvements project will enhance service quality and reliability for Light and Power customers while also improving internal efficiency in the Light and Power division. These meters enable Light and Power personnel to easily monitor the electrical distribution system and pinpoint the location of any issue that may come up. The meters also enable remote-reading which saves the Town time and money. Water Fund Projects The Water Division has planned seven (7) capital projects for 2018 for a total estimated expenditure of $1,742,663. •Aspen Avenue Water Main Replacement •Big Thompson Avenue (HWY 34) Water Main Repair •Bureau Area Phase 2 •Glacier Creek Water Treatment Plant Land Acquisition •Meter Replacement •Rockwell/W. Riverside 16” Main •USA Water Rights Contract (BOR Expires 2019) 331 All of these projects except the Glacier Creek Water Treatment Plant Land Acquisition can be classified as replacement projects. Investing in rebuilding water distribution system infrastructure is critical to maintaining a high level of service to the community. The rebuilds also increase capacity to ensure that future development is not hindered by undersized pipes or inadequate water flow for fire protection. The Glacier Creek Water Treatment Plant Land Acquisition represents an important step in the Water Division’s efforts to develop a redundant source of raw water. This redundancy is a matter of public health and safety. State Grant/Loan Projects The Town has one (1) capital project in 2018 that utilizes a state grant, the Downtown Estes Loop (Town Portion). The planned expenditure for this project from state grant funding (CDOT RAMP funds) in 2018 is $3,444,381 for right-of-way acquisition and final design. These RAMP funds have already been received by the Town. The total Downtown Loop Project budget is approximately $17,205,000 ($13,005,000 comes from the FLAP funds which are not administered by the Town. 1A Sales Tax Projects The Town has planned two (2) capital projects in 2018 for the 1A Sales Tax fund totaling $2,230,348. The first is a $1,830,348 investment into the Town’s Street Improvement Program (STIP). This program is intended to raise the average pavement condition index (PCI) score of the Town’s street system to 70. The program funds crack seal, seal coat, overlay, rebuild, and spray patcher operations. The inclusion of the STIP is unique in the CIP as the project costs reflect the total program budget, including the personnel who run the program. The remaining $400,000 is for extending and improving the trail at Brodie Avenue. Out-Year Projects Although the CIP planning horizon is five years, the Town recognizes that there are major projects that will happen outside of that time frame that should be included in the plan to enhance transparency of the Town’s future capital needs. These projects are reflected in the Out- Year classification. CIP Process A simplified version of the process used to develop the CIP is reflected below: 1.Departments enter details for proposed capital projects into the Town’s GIS application; 2.Reports summarizing project costs by year are run; 332 3.Finance Officer prepares revenue projection estimates; 4.Departments prioritize all projects within their department; 5.Leadership team prioritizes capital projects for the next year concurrently with prioritization of Service Level Proposals; and 6.Town Administrator makes final prioritization of all capital projects for consideration by the Town Board. This process is not as linear as it appears above. The projects that are included in the CIP, the year in which they are planned, and the details of the projects change frequently as estimates are refined, new information comes to light, and conversations occur between departments. The development of the CIP is an iterative process. Prioritization Introduction to Prioritization An important element of developing a CIP is the prioritization of the Town’s projects. In accordance with Town Board Policy 104, staff considers the following when prioritizing capital projects (listed in no particular order of importance): •Life/Safety •Legal Requirements •Essential Improvements •Quality of Life Improvements •Efficiency Improvements •Revenue Producing •Service Improvements •Service/Space Expansion The Town prioritizes capital projects within funds. This ensures that projects are only prioritized in relation to other projects that would draw from the same pool of funds. For example, a stall barn replacement (General Fund) does not draw from the same funding source as a power line replacement (Light and Power Fund), so the two would not be prioritized against each other. 333 Prioritization Process Projects are first prioritized in relation to other projects in the same Department (i.e. Public Works projects are prioritized against other Public Works projects). Departments use the criteria contained in Town Board Policy 104, as well as other technical knowledge to prioritize these projects. After being prioritized by the Departments, all of the General Fund projects entered for the next budget year are prioritized by the Leadership Team in a joint exercise (enterprise fund and other special fund projects are not prioritized by the Leadership Team as the funding sources are only managed by a single Department). Lastly, the Town Administrator reviews the Leadership Team prioritization and makes any necessary changes. Capital Financing Strategy A number of financing strategies to fund capital improvements are available to the Town. The Town has employed a number of these strategies including capital leases, certificates of participation, revenue bonds, loans, and “pay-as-you-go” capital financing. Capital Leases A capital lease is any lease agreement that the Town uses to fund a capital project. The Town used a capital lease for the purchase of radio equipment in 2013. Certificates of Participation Certificates of participation are a form of lease purchase financing whereby a capital lease is divided into shares and sold publicly to investors. The Town used this financing method to fund the Events Center/Pavilion and Visitor Center Parking Structure projects. General Obligation Bonds General Obligation (GO) Bonds are debt that is backed by the full faith and credit of the Town (all available revenue not legally restricted is available to meet debt-payment obligations). A vote of the Town’s electorate is required to issue any GO bonds. The Town has not used this form of financing in recent history. According to the 2016 audited financial statements, the Town’s legal debt margin for GO debt is $5,877,432. Grants Grants are a gift of money from another organization (generally the state or federal government) to the Town. Grants do not have to be repaid, but may have match requirements (i.e. the grantor will gift $100,000 to the Town for a project if the Town contributes/matches $25,000 to that same project). The Town has used grant financing extensively in recent years to finance capital projects. One prominent example is the new Transit Facility Parking Structure that was partially financed by a grant from the Federal Transit Administration. 334 Revenue Bonds Revenue bonds are debt that is backed by user fees or other specific revenue from a self- sustaining enterprise fund. The Town has used revenue bond financing to fund projects in the Light and Power utility. Tax-Increment Financing Tax-increment financing involves the issuance of debt that is backed by growth in the sales tax or property tax base of a particular geographic area. The Estes Park Urban Renewal Authority (EPURA) utilized tax-increment financing tied to sales tax growth. The EPURA debt was paid off in 2008 and the Town has not utilized tax-increment financing since. Loans The Town has used low-interest loans from the Colorado Water Resources and Power Development Authority (CWRPDA) to fund improvements to the water system. “Pay-As-You-Go” Pay-as-you-go financing is used to describe a capital funding strategy that relies on operating funds (sales tax, property tax, fees, etc.) rather than debt to pay for capital projects. The Town’s most notable use of pay-as-you-go financing is the Street Improvement Program that is funded by the 1A sales tax. Assumptions and Risk Introduction Planning for the future involves making assumptions about what that future will look like. Making these assumptions exposes a plan to the risk that some or all of these assumptions will end up being inaccurate. While it is impossible to completely eliminate risk, it is worthwhile to examine and articulate the major assumptions that a plan is based on. Knowing the assumptions that have been made in the creation of the CIP enables the Town to react appropriately if the basis for an assumption were to change. Future Construction Costs The Town anticipates that the cost of all types of construction in Colorado will continue to rise at a brisk pace. Departments have included construction inflation factors from their respective industries into their cost estimates for projects occurring in later years. These estimates are subject to changing conditions and could significantly increase or decrease the ultimate cost of the project. Service-Makeup Continuity 335 The CIP is predicated on the assumption that the current makeup of services offered by the Town will continue for at least the duration of the planning period. If the service makeup of the Town was to change (addition or removal of services provided) the CIP would change as well. The Town should evaluate potential impacts on capital needs when considering the addition or removal of services. Operating Environment Stability The Town has assumed relative stability in its operating environment when creating this plan. Dramatic changes in the Town’s operating environment (either natural or human-caused) could significantly alter the CIP. A natural disaster, unanticipated population boom, economic change, or other natural/human-caused change would likely cause a shift in the projects and relative prioritizations included in the CIP. Financing Stability The CIP assumes that there will be no significant changes in the financial capacity or financial strategies currently available to the Town. If revenue sources were to change dramatically, new revenue streams were to be added, or a different financing policy direction was established, the CIP would change significantly. Guide to Project Detail Sheets Project Information •Department o The Town Department responsible for the project (i.e. Public Works, Community Services, Utilities) •Division o The Town Division responsible for the project (i.e. Streets, Parks, Engineering, Light and Power) •Estimated Start Date (optional) o The approximate beginning construction date of a capital project •Useful Life o The accounting useful life of the capital asset in years •Capital Type o Describes whether the project is new capital, a replacement of an existing capital asset, or a rehabilitation of an existing capital asset (an expenditure that prolongs the useful life of the asset) •Board Goal o The Town Board Outcome Area(s) addressed by the project 336 •Project Manager o The person/position responsible for the capital project •Budget Estimate o The total project cost estimate •Annual Change in O&M o Estimated increase or decrease in ongoing operations and maintenance costs o If the capital project requires an additional Full-Time Equivalent (FTE) position, the salary and benefits for the FTE are included in this section •Location o The approximate physical location of the project Project Costs Table •Construction o The estimated labor and materials cost for the project •Contingency o The estimated amount to be held for unexpected increases in project costs (generally 20% of the total estimated project cost) •Construction Management o The estimated cost of any professional services retained to manage the project (staff time not included) •Design o Estimated costs of the design work for the project •Legal o Estimated legal fees for the project •Right of Way o Estimated cost to purchase any necessary rights of way for the project •Other o Any anticipated cost that does not fit in the other categories Funding Sources Table The Funding Sources Table details all of the anticipated funding sources for the project over the construction timeline. Funding sources are identified by type and include: state grants, federal grants, General Fund, Light and Power Fund, Water Fund, and 1A sales tax. 337 Project Description and Justification The Project Description and Justification section provides a brief description of the project and why it is necessary. 338 2018 2019 2020 2021 2022 5yr Total Administrative Services Town Clerk Document Management System 133,800$ -$ -$ -$ 58,000$ 191,800$ Town Clerk Total 133,800$ -$ -$ -$ 58,000$ 191,800$ Administrative Services Total 133,800$ -$ -$ -$ 58,000$ 191,800$ Public Works Engineering/Stormwater Carriage Hills East Dam Spillway -$ -$ -$ 300,000$ -$ 300,000$ Stormwater Capital Improvement Program -$ 2,000,000$ 2,000,000$ 2,000,000$ 2,000,000$ 8,000,000$ Trail Extension and Big Thompson River Channel Widening -$ -$ -$ 11,440,000$ -$ 11,440,000$ Engineering/Stormwater Total -$ 2,000,000$ 2,000,000$ 13,740,000$ 2,000,000$ 19,740,000$ Facilities Downtown Parking Program -$ 327,500$ 327,500$ 400,000$ 450,000$ 1,505,000$ Museum Collections and Research Facility -$ 1,700,000$ -$ -$ -$ 1,700,000$ Town Hall Elevator Modernization -$ -$ 500,000$ -$ -$ 500,000$ Town Hall Police Department Roof -$ 120,000$ -$ -$ -$ 120,000$ Town Hall Windows - 2nd Floor West 55,000$ -$ -$ -$ -$ 55,000$ Facilities Total 55,000$ 2,147,500$ 827,500$ 400,000$ 450,000$ 3,880,000$ Streets Cleave Street Resurfacing -$ -$ 600,000$ -$ -$ 600,000$ Community Drive Resurfacing -$ 500,000$ -$ -$ -$ 500,000$ Downtown Estes Loop (Town Portion)3,444,381$ -$ -$ -$ -$ 3,444,381$ Dynamic Message Boards - Phase 2 -$ 120,000$ 80,000$ -$ -$ 200,000$ E Riverside Drive Resurfacing -$ -$ -$ 625,000$ -$ 625,000$ Elm Road Resurfacing -$ -$ -$ -$ 500,000$ 500,000$ Intersection Improvements (US36/Community Drive)-$ 510,000$ -$ -$ -$ 510,000$ Intersection Improvements (Wonderview/MacGregor)-$ -$ -$ 1,430,000$ -$ 1,430,000$ Moraine Avenue Multi-Modal Improvements -$ -$ 343,000$ 343,000$ 343,000$ 1,029,000$ Moraine Avenue Riverwalk Underpass Ramps -$ 250,000$ 250,000$ -$ -$ 500,000$ Parking Lot Resurfacing (Big Horn Lot)-$ -$ 39,000$ -$ -$ 39,000$ Parking Lot Resurfacing (Brownfields Lot)-$ -$ 26,000$ -$ -$ 26,000$ Capital Expenditures by Department 339 2018 2019 2020 2021 2022 5yr Total Capital Expenditures by Department Parking Lot Resurfacing (Davis Lot)-$ 88,000$ -$ -$ -$ 88,000$ Parking Lot Resurfacing (East Riverside Lot "DQ Lot")-$ -$ -$ -$ 98,000$ 98,000$ Parking Lot Resurfacing (North Visitor Center Lot)-$ -$ -$ 260,000$ -$ 260,000$ Parking Lot Resurfacing (Performance Park Lot)-$ 250,000$ -$ -$ -$ 250,000$ Parking Lot Resurfacing (Post Office Lot)-$ -$ -$ -$ 145,860$ 145,860$ Parking Lot Resurfacing (Spruce Lot)-$ 36,000$ -$ -$ -$ 36,000$ Parking Lot Resurfacing (Town Hall Lot)-$ 100,000$ -$ -$ -$ 100,000$ Parking Lot Resurfacing (Tregent Park Lot)-$ -$ 18,000$ -$ -$ 18,000$ Parking Lot Resurfacing (Virginia Lot)-$ -$ 30,000$ -$ -$ 30,000$ Parking Lot Resurfacing (Weist Lot)-$ -$ 157,000$ -$ -$ 157,000$ Street Improvement Program (STIP)1,830,348$ 1,770,000$ 1,806,304$ 1,933,208$ 2,070,265$ 9,410,125$ Trail Extension (Brodie Avenue)400,000$ -$ -$ -$ -$ 400,000$ Trail Extension (Fall River)-$ 2,337,000$ 2,350,000$ 2,350,000$ -$ 7,037,000$ Trail Extension (Wonderview Ave)-$ 350,000$ -$ -$ -$ 350,000$ Transportation Master Plan -$ 200,000$ -$ -$ -$ 200,000$ Streets Total 5,674,729$ 6,511,000$ 5,699,304$ 6,941,208$ 3,157,125$ 27,983,366$ Parks Baseline Irrigation Controllers -$ 66,500$ 66,500$ 66,500$ 66,500$ 266,000$ Greenhouse Expansion -$ 70,000$ -$ -$ -$ 70,000$ Parks Irrigation System Replacement -$ 65,000$ 65,000$ 65,000$ 65,000$ 260,000$ Parks Total -$ 201,500$ 131,500$ 131,500$ 131,500$ 596,000$ Public Works Total 5,729,729$ 10,860,000$ 8,658,304$ 21,212,708$ 5,738,625$ 52,199,366$ Community Services Fairgrounds and Events Arena 1-4 Footing Renovation Project 125,000$ 125,000$ 125,000$ 125,000$ -$ 500,000$ Event Center Acoustics 60,000$ -$ -$ -$ -$ 60,000$ Events Complex Barn Replacement -$ -$ 4,000,000$ -$ -$ 4,000,000$ Events Complex Internal Roadway Improvement -$ 150,000$ -$ -$ -$ 150,000$ Events Complex Master Plan -$ 40,000$ -$ -$ -$ 40,000$ Events Complex Mobile Stage 150,000$ -$ -$ -$ -$ 150,000$ Events Complex Signage -$ 100,000$ -$ -$ -$ 100,000$ 340 2018 2019 2020 2021 2022 5yr Total Capital Expenditures by Department Events Complex Storage Building -$ 350,000$ -$ -$ -$ 350,000$ Fairgrounds and Events Total 335,000$ 765,000$ 4,125,000$ 125,000$ -$ 5,350,000$ Community Services Total 335,000$ 765,000$ 4,125,000$ 125,000$ -$ 5,350,000$ Light and Power Distribution Automated Meter Reading Improvements (SG2016)515,000$ 190,000$ 120,000$ 120,000$ -$ 945,000$ Carriage Hills Phase 1 -$ -$ 775,480$ -$ -$ 775,480$ Carriage Hills Phase 2 -$ -$ -$ 507,000$ -$ 507,000$ Dandie Way 50,000$ -$ -$ -$ -$ 50,000$ Goblin Castle (GC2019)115,000$ -$ -$ -$ -$ 115,000$ Highway 34 Big Thompson Canyon 450,000$ -$ -$ -$ -$ 450,000$ Longs Peak Area 160,000$ -$ -$ -$ -$ 160,000$ Ski Road Area -$ 286,000$ -$ -$ -$ 286,000$ Skinner Road Area -$ 300,000$ -$ -$ -$ 300,000$ Tahosa Park (AP2018)-$ -$ -$ -$ 67,000$ 67,000$ Distribution Total 1,290,000$ 776,000$ 895,480$ 627,000$ 67,000$ 3,655,480$ Light and Power Total 1,290,000$ 776,000$ 895,480$ 627,000$ 67,000$ 3,655,480$ Water Distribution Aspen Avenue Water Main Replacement 180,760$ -$ -$ -$ -$ 180,760$ Big Horn Drive Water Main Replacement -$ 193,397$ -$ -$ -$ 193,397$ Big Thompson Avenue (HWY 34) Water Main Repair 507,903$ -$ -$ -$ -$ 507,903$ Bureau Area Phase 2 220,000$ -$ -$ -$ -$ 220,000$ Bureau Area Phase 3 -$ -$ -$ 221,846$ -$ 221,846$ Bureau Area Phase 4 -$ -$ -$ -$ 331,608$ 331,608$ Hill Streets Water Main Replacement Phase 2 -$ -$ -$ 253,991$ -$ 253,991$ Meter Replacement 300,000$ -$ -$ -$ -$ 300,000$ Moraine Bridge -$ 394,000$ -$ -$ -$ 394,000$ Panorama Circle Water Main Replacement -$ -$ -$ -$ 507,903$ 507,903$ Park View and Cyteworth Water Main Replacement -$ -$ 622,224$ -$ -$ 622,224$ Prospect Mountain PRV Water Main -$ -$ 275,000$ -$ -$ 275,000$ Rockwell/W. Riverside 16" Main 320,000$ -$ -$ -$ -$ 320,000$ Spruce Drive Water Main Replacement -$ 295,496$ -$ -$ -$ 295,496$ Stanley Circle Water Main Replacement Phase 3 -$ -$ -$ 215,422$ -$ 215,422$ Distribution Total 1,528,663$ 882,893$ 897,224$ 691,259$ 839,511$ 4,839,550$ 341 2018 2019 2020 2021 2022 5yr Total Capital Expenditures by Department Purification Glacier Creek Water Treatment Plant Land Acquisition 170,000$ -$ -$ -$ -$ 170,000$ USA Water Rights Contract (BOR Expires 2019)44,000$ -$ -$ -$ -$ 44,000$ Purification Total 214,000$ -$ -$ -$ -$ 214,000$ Water Total 1,742,663$ 882,893$ 897,224$ 691,259$ 839,511$ 5,053,550$ Grand Total 9,231,192$ 13,283,893$ 14,576,008$ 22,655,967$ 6,703,136$ 66,450,196$ 342 Total Estimated Cost Public Works Engineering/Stormwater Bridge Replacement (Crags Dr/Big Thompson River)2,500,000$ Bridge Replacement (Riverside Dr/Confluence)4,000,000$ Bridge Replacement (Rockwell)2,500,000$ Bridge Replacement (Spruce Dr/Fall River)2,000,000$ Stormwater Capital Improvement Program 67,000,000$ Engineering/Stormwater Total 78,000,000$ Facilities Downtown Parking Program 12,090,000$ Downtown Parking Structure 17,614,500$ North Visitor Center Parking Structure 16,072,500$ Public Works Service Center Facility 12,860,000$ Town Hall Relocation 15,430,000$ Facilities Total 74,067,000$ Parks Baseline Irrigation Controllers 199,500$ Parks Irrigation System Replacement 195,000$ Parks Total 394,500$ Streets Intersection Improvements (Marys Lake Rd/ Moraine Ave)1,430,000$ Moraine Avenue Multi-Modal Improvements 8,939,992$ Parking Lot Resurfacing (Conference Center Lot)145,860$ Parking Lot Resurfacing (Events Center)400,000$ Parking Lot Resurfacing (South Visitor Center Lot)145,860$ Parking Lot Resurfacing (Town Hall)371,000$ Street Improvement Program (STIP)2,218,286$ Trail Resurfacing (US34)715,000$ Streets Total 14,365,998$ Public Works Total 166,827,498$ Community Services Fairgrounds and Events Events Complex Barn Replacement 8,000,000$ Fairgrounds and Events Total 8,000,000$ Community Services Total 8,000,000$ Water Distribution Big Thompson Avenue (HWY 34) East to Mall Road 213,000$ Distribution Total 213,000$ Out-Years Capital Expenditures by Department 343 Total Estimated Cost Out-Years Capital Expenditures by Department Water Total 213,000$ Grand Total 175,040,498$ 344 2018 2019 2020 2021 2022 5yr Total Federal Grant or Loan Engineering/Stormwater Trail Extension and Big Thompson Channel Widening -$ -$ -$ 11,440,000$ -$ 11,440,000$ Engineering/Stormwater Total -$ -$ -$ 11,440,000$ -$ 11,440,000$ Streets Dynamic Message Boards - Phase 2 -$ 80,000$ 80,000$ -$ -$ 160,000$ Streets Total -$ 80,000$ 80,000$ -$ -$ 160,000$ Federal Grant or Loan Total -$ 80,000$ 80,000$ 11,440,000$ -$ 11,600,000$ General Fund Administrative Services Document Management System 133,800$ -$ -$ -$ 58,000$ 191,800$ Administrative Services Total 133,800$ -$ -$ -$ 58,000$ 191,800$ Streets Cleave Street Resurfacing -$ -$ 600,000$ -$ -$ 600,000$ Community Drive Resurfacing -$ 500,000$ -$ -$ -$ 500,000$ Dynamic Message Boards - Phase 2 -$ 40,000$ -$ -$ -$ 40,000$ E Riverside Drive Resurfacing -$ -$ -$ 625,000$ -$ 625,000$ Elm Road Resurfacing -$ -$ -$ -$ 500,000$ 500,000$ Intersection Improvements (US36/Community Drive)-$ 510,000$ -$ -$ -$ 510,000$ Parking Lot Resurfacing (Performance Park Lot)-$ 250,000$ -$ -$ -$ 250,000$ Transportation Master Plan -$ 200,000$ -$ -$ -$ 200,000$ Streets Total -$ 1,500,000$ 600,000$ 625,000$ 500,000$ 3,225,000$ Facilities Downtown Parking Program -$ 152,500$ 127,500$ -$ -$ 280,000$ Town Hall Elevator Modernization -$ -$ 500,000$ -$ -$ 500,000$ Town Hall Police Department Roof -$ 120,000$ -$ -$ -$ 120,000$ Town Hall Windows - 2nd Floor West 55,000$ -$ -$ -$ -$ 55,000$ Facilities Total 55,000$ 272,500$ 627,500$ -$ -$ 955,000$ Stormwater Carriage Hills East Dam Spillway -$ -$ -$ 300,000$ -$ 300,000$ Stormwater -$ -$ -$ 300,000$ -$ 300,000$ Parks Greenhouse Expansion -$ 70,000$ -$ -$ -$ 70,000$ Parks Total -$ 70,000$ -$ -$ -$ 70,000$ Fairgrounds and Events Capital Expenditures by Funding Source 345 2018 2019 2020 2021 2022 5yr Total Capital Expenditures by Funding Source Arena 1-4 Footing Renovation Project 125,000$ 125,000$ 125,000$ 125,000$ -$ 500,000$ Event Center Acoustics 60,000$ -$ -$ -$ -$ 60,000$ Events Complex Barn Replacement -$ -$ 4,000,000$ -$ -$ 4,000,000$ Events Complex Internal Roadway Improvement -$ 150,000$ -$ -$ -$ 150,000$ Events Complex Master Plan -$ 40,000$ 40,000$ Events Complex Mobile Stage 150,000$ 150,000$ Events Complex Signage -$ 100,000$ -$ -$ -$ 100,000$ Events Complex Storage Building -$ 350,000$ -$ -$ -$ 350,000$ Fairgrounds and Events Total 335,000$ 765,000$ 4,125,000$ 125,000$ -$ 5,350,000$ General Fund Total 523,800$ 2,607,500$ 5,352,500$ 1,050,000$ 558,000$ 10,091,800$ 1A Sales Tax Fund Streets Moraine Avenue Multi-Modal Improvements -$ -$ 343,000$ 343,000$ 343,000$ 1,029,000$ Parking Lot Resurfacing (Big Horn Lot)-$ -$ 39,000$ -$ -$ 39,000$ Parking Lot Resurfacing (Brownfields Lot)-$ -$ 26,000$ -$ -$ 26,000$ Parking Lot Resurfacing (Davis Lot)-$ 88,000$ -$ -$ -$ 88,000$ Parking Lot Resurfacing (East Riverside Lot "DQ Lot")-$ -$ -$ -$ 98,000$ 98,000$ Parking Lot Resurfacing (Wiest Lot)-$ -$ 157,000$ -$ -$ 157,000$ Parking Lot Resurfacing (North Visitor Center Lot)-$ -$ -$ 260,000$ -$ 260,000$ Parking Lot Resurfacing (Post Office Lot)-$ -$ -$ -$ 145,860$ 145,860$ Parking Lot Resurfacing (Spruce Lot)-$ 36,000$ -$ -$ -$ 36,000$ Parking Lot Resurfacing (Town Hall Lot)-$ 100,000$ -$ -$ -$ 100,000$ Parking Lot Resurfacing (Tregent Park Lot)-$ -$ 18,000$ -$ -$ 18,000$ Parking Lot Resurfacing (Virginia Lot)-$ -$ 30,000$ -$ -$ 30,000$ Street Improvement Program (STIP)1,830,348$ 1,770,000$ 1,806,304$ 1,933,208$ 2,070,265$ 9,410,125$ Trail Extension (Brodie Avenue)400,000$ -$ -$ -$ -$ 400,000$ Trail Extension (Wonderview Ave)-$ 262,500$ -$ -$ -$ 262,500$ Streets Total 2,230,348$ 2,256,500$ 2,419,304$ 2,536,208$ 2,657,125$ 12,099,485$ 1A Sales Tax Fund Total 2,230,348$ 2,256,500$ 2,419,304$ 2,536,208$ 2,657,125$ 12,099,485$ Open Space Fund 346 2018 2019 2020 2021 2022 5yr Total Capital Expenditures by Funding Source Streets Moraine Avenue Riverwalk Underpass Ramps -$ 250,000$ 250,000$ -$ -$ 500,000$ Trail Extension (Fall River)-$ 337,000$ 350,000$ 350,000$ -$ 1,037,000$ Trail Extension (Wonderview Ave)-$ 87,500$ -$ -$ -$ 87,500$ Streets Total -$ 674,500$ 600,000$ 350,000$ -$ 1,624,500$ Parks Baseline Irrigation Controllers -$ 66,500$ 66,500$ 66,500$ 66,500$ 266,000$ Parks Irrigation System Replacement -$ 65,000$ 65,000$ 65,000$ 65,000$ 260,000$ Parks Total -$ 131,500$ 131,500$ 131,500$ 131,500$ 526,000$ Open Space Fund Total -$ 806,000$ 731,500$ 481,500$ 131,500$ 2,150,500$ Private Grant or Loan Facilities Museum Collections and Research Facility -$ 1,000,000$ -$ -$ -$ 1,000,000$ Facilities Total -$ 1,000,000$ -$ -$ -$ 1,000,000$ Private Grant or Loan Total -$ 1,000,000$ -$ -$ -$ 1,000,000$ Other Facilities Museum Collections and Research Facility -$ 700,000$ -$ -$ -$ 700,000$ Facilities Total -$ 700,000$ -$ -$ -$ 700,000$ Other Total -$ 700,000$ -$ -$ -$ 700,000$ State Grant or Loan Streets Downtown Estes Loop (Town Portion)3,444,381$ -$ -$ -$ -$ 3,444,381$ Intersection Improvements (Wonderview/MacGregor)-$ -$ -$ 1,430,000$ -$ 1,430,000$ Trail Extension (Fall River)-$ 2,000,000$ 2,000,000$ 2,000,000$ -$ 6,000,000$ Streets Total 3,444,381$ 2,000,000$ 2,000,000$ 3,430,000$ -$ 10,874,381$ State Grant or Loan Total 3,444,381$ 2,000,000$ 2,000,000$ 3,430,000$ -$ 10,874,381$ Potential Future Parking Enterprise Fund Transportation Downtown Parking Program -$ 175,000$ 200,000$ 400,000$ 450,000$ 1,225,000$ Transportation -$ 175,000$ 200,000$ 400,000$ 450,000$ 1,225,000$ Potential Parking Enterprise Fund Total -$ 175,000$ 200,000$ 400,000$ 450,000$ 1,225,000$ Potential Future Stormwater Fund Engineering/Stormwater Stormwater Capital Improvement Program -$ 2,000,000$ 2,000,000$ 2,000,000$ 2,000,000$ 8,000,000$ 347 2018 2019 2020 2021 2022 5yr Total Capital Expenditures by Funding Source Engineering/Stormwater Total -$ 2,000,000$ 2,000,000$ 2,000,000$ 2,000,000$ 8,000,000$ Potential Stormwater Fund Total -$ 2,000,000$ 2,000,000$ 2,000,000$ 2,000,000$ 8,000,000$ Light and Power Fund Distribution Automated Meter Reading Improvements (SG2016)515,000$ 190,000$ 120,000$ 120,000$ -$ 945,000$ Carriage Hills Phase 1 -$ -$ 775,480$ -$ -$ 775,480$ Carriage Hills Phase 2 -$ -$ -$ 507,000$ -$ 507,000$ Dandie Way 50,000$ -$ -$ -$ -$ 50,000$ Goblin Castle (GC2019)115,000$ -$ -$ -$ -$ 115,000$ Highway 34 Big Thompson Canyon 450,000$ -$ -$ -$ -$ 450,000$ Longs Peak Area 160,000$ -$ -$ -$ -$ 160,000$ Ski Road Area -$ 286,000$ -$ -$ -$ 286,000$ Skinner Road Area -$ 300,000$ -$ -$ -$ 300,000$ Tahosa Park (AP2018)-$ -$ -$ -$ 67,000$ 67,000$ Distribution Total 1,290,000$ 776,000$ 895,480$ 627,000$ 67,000$ 3,655,480$ Light and Power Fund Total 1,290,000$ 776,000$ 895,480$ 627,000$ 67,000$ 3,655,480$ Water Fund Distribution Aspen Avenue Water Main Replacement 180,760$ -$ -$ -$ -$ 180,760$ Big Horn Drive Water Main Replacement -$ 193,397$ -$ -$ -$ 193,397$ Big Thompson Avenue (HWY 34) Water Main Repair 507,903$ -$ -$ -$ -$ 507,903$ Bureau Area Phase 2 220,000$ -$ -$ -$ -$ 220,000$ Bureau Area Phase 3 -$ -$ -$ 221,846$ -$ 221,846$ Bureau Area Phase 4 -$ -$ -$ -$ 331,608$ 331,608$ Hill Streets Water Main Replacement Phase 2 -$ -$ -$ 253,991$ -$ 253,991$ Meter Replacement 300,000$ -$ -$ -$ -$ 300,000$ Moraine Bridge -$ 394,000$ -$ -$ -$ 394,000$ Panorama Circle Water Main Replacement -$ -$ -$ -$ 507,903$ 507,903$ Park View and Cyteworth Water Main Replacement -$ -$ 622,224$ -$ -$ 622,224$ Prospect Mountain PRV Water Main -$ -$ 275,000$ -$ -$ 275,000$ Rockwell/W. Riverside 16" Main 320,000$ -$ -$ -$ -$ 320,000$ Spruce Drive Water Main Replacement -$ 295,496$ -$ -$ -$ 295,496$ Stanley Circle Water Main Replacement Phase 3 -$ -$ -$ 215,422$ -$ 215,422$ Distribution Total 1,528,663$ 882,893$ 897,224$ 691,259$ 839,511$ 4,839,550$ Purification 348 2018 2019 2020 2021 2022 5yr Total Capital Expenditures by Funding Source Glacier Creek Water Treatment Plant Land Acquisition 170,000$ -$ -$ -$ -$ 170,000$ USA Water Rights Contract (BOR Expires 2019)44,000$ -$ -$ -$ -$ 44,000$ Purification Total 214,000$ -$ -$ -$ -$ 214,000$ Water Fund Total 1,742,663$ 882,893$ 897,224$ 691,259$ 839,511$ 5,053,550$ Grand Total 9,231,192$ 13,283,893$ 14,576,008$ 22,655,967$ 6,703,136$ 66,450,196$ 349 Total Estimated Cost Federal Grant or Loan Engineering/Stormwater Bridge Replacement (Crags Dr/Big Thompson River)2,500,000$ Bridge Replacement (Riverside Dr/Confluence)4,000,000$ Bridge Replacement (Rockwell)2,500,000$ Bridge Replacement (Spruce Dr/Fall River)2,000,000$ Engineering/Stormwater Total 11,000,000$ Streets Intersection Improvements (Marys Lake Rd/ Moraine Ave)1,430,000$ Moraine Avenue Multi-Modal Improvements 8,250,000$ Streets Total 9,680,000$ Federal Grant or Loan Total 20,680,000$ State Grant or Loan Facilities Downtown Parking Structure 13,210,875$ North Visitor Center Parking Structure 12,054,375$ Public Works Service Center Facility 3,215,000$ Facilities Total 28,480,250$ State Grant or Loan Total 28,480,250$ General Fund Streets Moraine Avenue Multi-Modal Improvements 346,992$ Streets Total 346,992$ Facilites Downtown Parking Structure 4,403,625$ North Visitor Center Parking Structure 4,018,125$ Public Works Service Center Facility 9,645,000$ Town Hall Relocation 11,572,500$ Facilities Total 29,639,250$ Fairgrounds and Events Events Complex Barn Replacement 8,000,000$ Fairgrounds and Events Total 8,000,000$ General Fund Total 37,986,242$ 1A Sales Tax Fund Streets Moraine Avenue Multi-Modal Improvements 343,000$ Parking Lot Resurfacing (Conference Center Lot)145,860$ Parking Lot Resurfacing (Events Center Lot)400,000$ Out-Years Capital Expenditures by Funding Source 350 Total Estimated Cost Out-Years Capital Expenditures by Funding Source Parking Lot Resurfacing (South Visitor Center Lot)145,860$ Parking Lot Resurfacing (Town Hall Lot)371,000$ Street Improvement Program (STIP)2,218,286$ Trail Resurfacing (US34)357,500$ Streets Total 3,981,506$ 1A Sales Tax Fund Total 3,981,506$ Community Reinvestment Fund Facilities Town Hall Relocation 3,857,500$ Facilities Total 3,857,500$ Community Reinvestment Fund Total 3,857,500$ Open Space Fund Parks Baseline Irrigation Controllers 199,500$ Parks Irrigation System Replacement 195,000$ Parks Total 394,500$ Streets Trail Resurfacing (US34)357,500$ Streets Total 357,500$ Open Space Fund Total 752,000$ Potential Future Parking Enterprise Fund Transportation Downtown Parking Program 12,090,000$ Transportation Total 12,090,000$ Potential Parking Enterprise Fund Total 12,090,000$ Potential Future Stormwater Enterprise Fund Engineering/Stormwater Stormwater Capital Impt Program 67,000,000$ Engineering/Stormwater Total 67,000,000$ Potential Stormwater Enterprise Fund Total 67,000,000$ Water Distribution Big Thompson Avenue (HWY 34) East to Mall Road 213,000$ Distribution Total 213,000$ Water Total 213,000$ Grand Total 175,040,498$ 351 Index of Project Detail Sheets by Department Administrative Services .............................................................................................................................. 32 Document Management System ............................................................................................................ 32 Public Works ............................................................................................................................................... 33 Engineering/Stormwater......................................................................................................................... 33 Carriage Hills East Dam Spillway ......................................................................................................... 33 Stormwater Capital Improvement Program ....................................................................................... 34 Trail Extension and Big Thompson River Channel Widening .............................................................. 35 Facilities ................................................................................................................................................... 36 Downtown Parking Program ............................................................................................................... 36 Museum Collections and Research Facility......................................................................................... 37 Town Hall Elevator Modernization ..................................................................................................... 38 Town Hall Police Department Roof..................................................................................................... 39 Town Hall Windows – 2nd Floor .......................................................................................................... 40 Streets ..................................................................................................................................................... 41 Cleave Street Resurfacing ................................................................................................................... 41 Community Drive Resurfacing ............................................................................................................ 42 Downtown Estes Loop (Town Portion) ............................................................................................... 43 Dynamic Message Boards – Phase 2 ................................................................................................... 44 E Riverside Drive Resurfacing ............................................................................................................. 45 Elm Road Resurfacing ......................................................................................................................... 46 Intersection Improvements (US36/Community Drive) ....................................................................... 47 Intersection Improvements (Wonderview/MacGregor) .................................................................... 48 Moraine Avenue Multi-Modal Improvements .................................................................................... 49 Moraine Avenue Riverwalk Underpass Ramps ................................................................................... 50 Parking Lot Resurfacing (Big Horn Lot) ............................................................................................... 51 Parking Lot Resurfacing (Brownfields Lot) .......................................................................................... 52 Parking Lot Resurfacing (Davis Lot)..................................................................................................... 53 Parking Lot Resurfacing (East Riverside Lot “DQ Lot”) ....................................................................... 54 Parking Lot Resurfacing (North Visitor Center Lot) ............................................................................ 55 352 Parking Lot Resurfacing (Performance Park Lot) ................................................................................ 56 Parking Lot Resurfacing (Post Office Lot) ............................................................................................ 57 Parking Lot Resurfacing (Spruce Lot) .................................................................................................. 58 Parking Lot Resurfacing (Town Hall Lot) ............................................................................................. 59 Parking Lot Resurfacing (Tregent Lot) ................................................................................................. 60 Parking Lot Resurfacing (Virginia Lot) ................................................................................................. 61 Parking Lot Resurfacing (Weist Lot) .................................................................................................... 62 Street Improvement Program (STIP) .................................................................................................. 63 Trail Extension (Brodie Avenue) ......................................................................................................... 64 Trail Extension (Fall River) ................................................................................................................... 65 Trail Extension (Wonderview Ave) ...................................................................................................... 66 Transportation Master Plan ................................................................................................................ 67 Parks ........................................................................................................................................................ 68 Baseline Irrigation Controllers ............................................................................................................ 68 Greenhouse Expansion ....................................................................................................................... 69 Parks Irrigation System Replacement ................................................................................................. 70 Community Services ................................................................................................................................... 71 Fairgrounds and Events ........................................................................................................................... 71 Arena 1-4 Footing Renovation Project................................................................................................ 71 Event Center Acoustics ....................................................................................................................... 72 Events Complex Barn Replacement .................................................................................................... 73 Events Complex Internal Roadway Improvement .............................................................................. 74 Events Complex Master Plan .............................................................................................................. 75 Events Complex Mobile Stage ............................................................................................................ 76 Events Complex Signage ..................................................................................................................... 77 Events Complex Storage Building ....................................................................................................... 78 Light and Power .......................................................................................................................................... 79 Distribution ............................................................................................................................................. 79 Automated Meter Reading Improvements (SG2016) ......................................................................... 79 Carriage Hills Phase 1 .......................................................................................................................... 80 Carriage Hills Phase 2 .......................................................................................................................... 81 Dandie Way ......................................................................................................................................... 82 353 Goblin Castle (GC2019) ....................................................................................................................... 83 Highway 34 Big Thompson Canyon..................................................................................................... 84 Longs Peak Area .................................................................................................................................. 85 Ski Road Area ...................................................................................................................................... 86 Skinner Road Area ............................................................................................................................... 87 Tahosa Park (AP2018) ......................................................................................................................... 88 Water .......................................................................................................................................................... 89 Distribution ............................................................................................................................................. 89 Aspen Avenue Water Main Replacement ........................................................................................... 89 Big Horn Drive Water Main Replacement .......................................................................................... 90 Big Thompson Avenue (HWY 34) Water Main Repair ........................................................................ 91 Bureau Area Phase 2 ........................................................................................................................... 92 Bureau Area Phase 3 ........................................................................................................................... 93 Bureau Area Phase 4 ........................................................................................................................... 94 Hill Streets Water Main Replacement Phase 2 ................................................................................... 95 Meter Replacement ............................................................................................................................ 96 Moraine Bridge ................................................................................................................................... 97 Panorama Circle Water Main Replacement ....................................................................................... 98 Park View and Cyteworth Water Main Replacement ......................................................................... 99 Prospect Mountain PRV Water Main ................................................................................................ 100 Rockwell/W. Riverside 16” Main ...................................................................................................... 101 Spruce Drive Water Main Replacement ........................................................................................... 102 Stanley Circle Water Main Replacement Phase 3 ............................................................................. 103 Purification ............................................................................................................................................ 104 Glacier Creek Water Treatment Plan Land Acquisition .................................................................... 104 USA Water Rights Contract (BOR Expires 2019) ............................................................................... 105 Out Years Projects .................................................................................................................................... 106 Public Works – Engineering/Stormwater .............................................................................................. 106 Bridge Replacement (Crags Dr/Big Thompson River) ....................................................................... 106 Bridge Replacement (Riverside Dr/Confluence) ............................................................................... 107 Bridge Replacement (Rockwell) ........................................................................................................ 108 Bridge Replacement (Spruce Dr/Fall River) ...................................................................................... 109 354 Public Works – Facilities ........................................................................................................................ 110 Downtown Parking Structure ........................................................................................................... 110 North Visitor Center Parking Structure ............................................................................................. 111 Public Works Service Center Facility ................................................................................................. 112 Town Hall Relocation ........................................................................................................................ 113 Public Works –Streets ........................................................................................................................... 114 Intersection Improvements (Marys Lake Rd/Moraine Ave) ............................................................. 114 Parking Lot Resurfacing (Conference Center Lot) ............................................................................. 115 Parking Lot Resurfacing (Events Center) ........................................................................................... 116 Parking Lot Resurfacing (South Visitor Center Lot)........................................................................... 117 Trail Resurfacing (US34) .................................................................................................................... 118 Water - Distribution .............................................................................................................................. 119 Big Thompson Avenue (HWY 34) East to Mall Road ......................................................................... 120 355 Document Management System Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 191,800.00 Municipal Building 10 New Records Jackie Williamson $ 70,000 Estimated Start Date: AdminServices GovtServIntSupport Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$191,800$133,800 $- $- $- $-$58,000 Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$133,800 $-$-$-$191,800$-$58,000 Funding Sources TotalOut Yrs20212020201920182022 $191,800$133,800 $-$-$-General Fund $-$58,000 NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- Annual Cost:$133,800 $-$-$-$191,800$-$58,000 Funding Details:Additional staff (1.0 FTE) anticipated in 2019/2020 - Records Tech/Manager Project Description and Justification Continued implementation of an enterprise wide document mgmt system and workflow process software utilizing Laserfiche Rio. Ph II & Ph III in 2018 for additional licenses, public portal & public web servers . 2022 Replace sql servers. Final Notes 356 Carriage Hills East Dam Spillway Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 300,000.00 Across the road and south of Scott Avenue and Baldpate Ct 50 New Engineering / Stormwater Kevin Ash Estimated Start Date: Public Works CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$100,000$- $- $- $100,000 $-$- Contingency:$- $- $- $40,000 $40,000$-$- Costruction Mgmnt:$- $- $- $30,000 $30,000$-$- Design:$- $- $- $10,000 $10,000$-$- Legal:$- $- $- $20,000 $20,000$-$- Right of Way:$- $- $- $-$-$-$- Other:$100,000 Annual Cost:$- $- $- $200,000 $300,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $300,000$- $- $- $300,000General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $300,000 $300,000$-$- Funding Details: Project Description and Justification East dam spillway: Install pipes and outlet. *Other Cost is to acquire water rights through water court. Final Notes 357 Stormwater Capital Impt Program Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 75,000,000.00 Throughout Estes Park 50 New Engineering / Stormwater Kevin Ash $ 260,000 Estimated Start Date: Public Works Infrastructure PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$60,000,000$- $1,600,000 $1,600,000 $1,600,000 $53,600,000$1,600,000 Contingency:$- $190,000 $190,000 $190,000 $7,125,000$6,365,000$190,000 Costruction Mgmnt:$- $50,000 $50,000 $50,000 $1,875,000$1,675,000$50,000 Design:$- $150,000 $150,000 $150,000 $5,625,000$5,025,000$150,000 Legal:$- $2,000 $2,000 $2,000 $75,000$67,000$2,000 Right of Way:$- $8,000 $8,000 $8,000 $300,000$268,000$8,000 Other:$- Annual Cost:$- $2,000,000 $2,000,000 $2,000,000 $75,000,000$67,000,000$2,000,000 Funding Sources TotalOut Yrs2021202020192018 2022 $35,000,000$- $2,000,000 $2,000,000 $2,000,000Enterprise $27,000,000$2,000,000 Federal Grant or Loan $-$-$-$-$40,000,000$40,000,000$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- Annual Cost:$- $2,000,000 $2,000,000 $2,000,000 $75,000,000$67,000,000$2,000,000 Funding Details:TBD: Paid for by future Stormwater Utility Fee Increase $20/mo x 8466 parcel owners. Project Description and Justification Final Notes 358 TRAIL EXTENTION & Big T River Channel Widening Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 11,440,000.00 120 Engineering / Stormwater Kevin Ash Estimated Start Date: Public Works Infrastructure PublicSHE CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$8,000,000$-$-$- $8,000,000 $-$- Contingency:$- $- $- $800,000 $800,000$-$- Costruction Mgmnt:$- $- $- $960,000 $960,000$-$- Design:$-$-$- $1,200,000 $1,200,000$-$- Legal:$- $- $- $80,000 $80,000$-$- Right of Way:$- $- $- $400,000 $400,000$-$- Other:$- Annual Cost:$- $- $- $11,440,000 $11,440,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $11,440,000$- $- $- $11,440,000Federal Grant or Loan $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $11,440,000 $11,440,000$-$- Funding Details: Project Description and Justification Widen channel to accommodate flood flow requirements. Extend trail. Final Notes 359 Downtown Parking Program Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 13,572,500.00 Downtown Estes Park 10 MasterPlan Facilities Jon Landkamer $ 160,000 Estimated Start Date:03/2018 Public Works Transportation RobustEcon Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$11,000,000$- $250,000 $250,000 $250,000 $10,000,000$250,000 Contingency:$- $25,000 $25,000 $25,000 $1,100,000$1,000,000$25,000 Costruction Mgmnt:$- $25,000 $25,000 $25,000 $600,000$500,000$25,000 Design:$- $25,000 $25,000 $25,000 $600,000$500,000$25,000 Legal:$- $2,500 $2,500 $2,500 $15,000$5,000$2,500 Right of Way:$- $- $- $-$-$-$- Other:$280,000 Annual Cost:$- $327,500 $327,500 $327,500 $13,595,000$12,005,000$327,500 Funding Sources TotalOut Yrs2021202020192018 2022 $13,315,000$- $175,000 $200,000 $400,000Enterprise $12,090,000$450,000 General Fund $- $152,500 $127,500 $-$280,000$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $327,500 $327,500 $400,000 $13,595,000$12,090,000$450,000 Funding Details:O&M includes $110K/yr for Parking Mgr and $50K for 3 seasonal enforcement positions Project Description and Justification Implement Downtown Parking on 250 spaces/year over 4 yrs. Build downtown parking garage in out years. Final Notes General Fund support required until parking revenue exceeds O&M exp. Estimated in first 2 yrs. Repay GF from parking revenue in subsequent years (*Other project costs) 360 Museum Collections and Research Facility Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 1,700,000.00 200 Fourth Street 50 New Facilities Derek Fortini Estimated Start Date: Public Works GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$1,700,000$- $1,700,000 $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $1,700,000 $- $-$1,700,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $1,000,000$- $1,000,000 $- $-Private Grant or Loan $-$- Other Funding $- $700,000 $- $-$700,000$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $1,700,000 $- $-$1,700,000$-$- Funding Details:Other funding is from to-be-determined grants. Project Description and Justification To provide a purpose built building to house collection of 30,000 artifacts. Will provide adequate space and allow room for future growth. Space for researchers. Appropriate lighting, temp and humidity, theft prevention, fire/flood mitigation, pest mgmt. Final Notes 361 Town Hall Elevator Modernization Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 500,000.00 Town Hall 20 ExtendUsefulLife Facilities Jon Landkamer Estimated Start Date: Public Works GuestServ GovtServIntSupport Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$455,000$-$- $455,000 $-$-$- Contingency:$- $- $45,000 $-$45,000$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $500,000 $-$500,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $500,000$- $- $500,000 $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $500,000 $-$500,000$-$- Funding Details: Project Description and Justification Modernize the elevator cab to make the controls ADA compliant Final Notes 362 Town Hall Police Dept Roof Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 120,000.00 Town Hall 10 Replacement Facilities Jon Landkamer Estimated Start Date: Public Works GovtServIntSupport Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$100,000$- $100,000 $- $- $-$- Contingency:$- $20,000 $- $-$20,000$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $120,000 $- $-$120,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $120,000$- $120,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $120,000 $- $-$120,000$-$- Funding Details: Project Description and Justification Roof requires replacement Final Notes 363 Town Hall Windows - 2nd Floor West Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 55,000.00 Town Hall Building - 2nd Floor 20 Replacement Facilities Jon Landkamer Estimated Start Date:06/2019 Public Works GovtServIntSupport Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$55,000$55,000 $- $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$55,000 $- $- $-$55,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $55,000$55,000 $- $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$55,000 $- $- $-$55,000$-$- Funding Details: Project Description and Justification Windows on upper west side of Town Hall are beginning to fail. They're not very energy efficient and the coating on them, to reduce glare, is failing and looks very bad (inside and outside of windows) Final Notes 364 Cleave Street Resurfacing Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 600,000.00 Cleave Street from Spruce Dr to Big Horn Dr 20 Replacement Engineering / Transportation Kelly Stallworth Estimated Start Date: Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$475,000$-$- $475,000 $-$-$- Contingency:$- $- $60,000 $-$60,000$-$- Costruction Mgmnt:$- $- $45,000 $-$45,000$-$- Design:$- $- $- $-$-$-$- Legal:$- $- $10,000 $-$10,000$-$- Right of Way:$- $- $10,000 $-$10,000$-$- Other:$- Annual Cost:$- $- $600,000 $-$600,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $600,000$- $- $600,000 $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $600,000 $-$600,000$-$- Funding Details: Project Description and Justification Mill and fill Cleave Street Final Notes 365 Community Drive Resurfacing Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 500,000.00 Community Drive off Hwy 7 north to Manford 20 Replacement Engineering / Transportation Kelly Stallworth Estimated Start Date: Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$400,000$- $400,000 $- $- $-$- Contingency:$- $40,000 $- $-$40,000$-$- Costruction Mgmnt:$- $40,000 $- $-$40,000$-$- Design:$-$-$-$-$-$-$- Legal:$- $10,000 $- $-$10,000$-$- Right of Way:$- $10,000 $- $-$10,000$-$- Other:$- Annual Cost:$- $500,000 $- $-$500,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $500,000$- $500,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $500,000 $- $-$500,000$-$- Funding Details: Project Description and Justification Mill and fill Community Dr from Hwy 7 north to Manford Final Notes 366 Downtown Estes Loop (Town Portion) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 3,444,381.00 Elkhorn/Moraine/Riverside 20 ExtendUsefulLife Engineering / Transportation Greg Muhonen Estimated Start Date:10/2021 Public Works Transportation Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$-$- $- $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$- $- $- $-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$3,444,381 $- $- $-$3,444,381$-$- Other:$- Annual Cost:$3,444,381 $- $- $-$3,444,381$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $3,444,381$3,444,381 $- $- $-State Grant or Loan $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$3,444,381 $- $- $-$3,444,381$-$- Funding Details:$4.2M from CDOT RAMP funds, $13,005,000 from FLAP grant. FLAP funds not administered by Town. Town RAMP funds to apply to ROW purchases in 2018. Project Description and Justification Roadway realignment to reduce congestion/improve multi-modal safety. Right of way acquisition and final design 2017/2018. Construction in 2021/2022 Final Notes 367 Dynamic Message Boards - Phase 2 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 200,000.00 Mall Road, US34, US36 10 New Engineering / Transportation Kevin Ash Estimated Start Date: Public Works Transportation GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$180,000$- $- $180,000 $- $-$- Contingency:$- $- $10,000 $-$10,000$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$- $10,000 $-$10,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $200,000 $-$200,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $160,000$- $80,000 $80,000 $-Federal Grant or Loan $-$- General Fund $- $40,000 $- $-$40,000$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $120,000 $80,000 $-$200,000$-$- Funding Details: Project Description and Justification Install additional electronic message signs on US34, US36 and CO7 to convey parking status information to arriving guests. Final Notes 368 E Riverside Drive Resurfacing Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 625,000.00 E Riverside Drive from Crags Dr NE to Ivy St 20 Replacement Engineering / Transportation Kelly Stallworth Estimated Start Date: Public Works Infrastructure CommServ Transportation Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$550,000$- $- $- $550,000 $-$- Contingency:$- $- $- $25,000 $25,000$-$- Costruction Mgmnt:$- $- $- $40,000 $40,000$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $5,000 $5,000$-$- Right of Way:$- $- $- $5,000 $5,000$-$- Other:$- Annual Cost:$- $- $- $625,000 $625,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $625,000$- $- $- $625,000General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $625,000 $625,000$-$- Funding Details: Project Description and Justification Mill and fill E Riverside Dr Final Notes 369 Elm Road Resurfacing Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 500,000.00 Elm Road from Moraine north to town boundary 20 Replacement Engineering / Transportation Kelly Stallworth Estimated Start Date: Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$400,000$-$-$-$-$-$400,000 Contingency:$- $- $- $-$40,000$-$40,000 Costruction Mgmnt:$- $- $- $-$50,000$-$50,000 Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$5,000$-$5,000 Right of Way:$- $- $- $-$5,000$-$5,000 Other:$- Annual Cost:$- $- $- $-$500,000$-$500,000 Funding Sources TotalOut Yrs2021202020192018 2022 $500,000$-$-$-$-General Fund $-$500,000 NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- Annual Cost:$- $- $- $-$500,000$-$500,000 Funding Details: Project Description and Justification Mill and fill Elm Road Final Notes 370 INTERSECTION IMPROVEMENTS (US36/Community Dr) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 510,000.00 Community Drive & US36 20 Replacement Engineering / Transportation Kevin Ash Estimated Start Date:05/2018 Public Works Infrastructure Transportation CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$310,000$- $310,000 $-$-$-$- Contingency:$- $60,000 $- $-$60,000$-$- Costruction Mgmnt:$- $60,000 $- $-$60,000$-$- Design:$- $75,000 $-$-$75,000$-$- Legal:$- $5,000 $- $-$5,000$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $510,000 $- $-$510,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $510,000$- $510,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $510,000 $- $-$510,000$-$- Funding Details: Project Description and Justification Add left turn lane and extend trail underpass. Triggered by Events Complex and Rec Center. Final Notes 371 INTERSECTION IMPROVEMENTS (Wonderview/MacGregor) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 1,430,000.00 Wonderview Ave & MacGregor Ave Intersection 20 New Engineering / Transportation Kevin Ash Estimated Start Date: Public Works Transportation Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$815,100$-$-$- $815,100 $-$- Contingency:$- $- $- $143,000 $143,000$-$- Costruction Mgmnt:$- $- $- $171,600 $171,600$-$- Design:$- $- $- $214,500 $214,500$-$- Legal:$- $- $- $14,300 $14,300$-$- Right of Way:$- $- $- $71,500 $71,500$-$- Other:$- Annual Cost:$- $- $- $1,430,000 $1,430,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $1,430,000$- $- $- $1,430,000State Grant or Loan $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $1,430,000 $1,430,000$-$- Funding Details:CDOT FASTER Funding Project Description and Justification Intersection Improvement Final Notes 372 Moraine Avenue Multi-Modal Improvements Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 9,968,992.00 Moraine Ave from west of Crags to Marys Lake Road 20 Replacement Engineering / Transportation Greg Muhonen Estimated Start Date: Public Works CommServ Transportation Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$5,682,325$-$-$-$-$5,682,325$- Contingency:$- $- $- $-$996,899$996,899$- Costruction Mgmnt:$- $- $- $-$1,196,279$1,196,279$- Design:$- $- $- $-$1,495,349$1,495,349$- Legal:$- $- $- $-$99,690$99,690$- Right of Way:$- $- $- $-$498,450$498,450$- Other:$- Annual Cost:$- $- $- $-$9,968,992$9,968,992$- Funding Sources TotalOut Yrs2021202020192018 2022 $8,250,000$- $- $- $-Federal Grant or Loan $8,250,000$- 1A Sales Tax $- $- $343,000 $343,000 $1,372,000$343,000$343,000 General Fund $- $- $- $-$346,992$346,992$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $343,000 $343,000 $9,968,992$8,939,992$343,000 Funding Details:Funding dependent on FLAP grant award Project Description and Justification Road widening & trail expansion work eligible for Federal Lands Access Program grant funding. Final Notes 373 Moraine Avenue Riverwalk Underpass Ramps Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 500,000.00 From 1/2 block west of Moraine to 1/2 block east of Moraine 10 New Engineering / Transportation Kevin Ash Estimated Start Date: Public Works CommServ GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$200,000$- $100,000 $100,000 $- $-$- Contingency:$- $35,000 $35,000 $-$70,000$-$- Costruction Mgmnt:$- $42,000 $42,000 $-$84,000$-$- Design:$- $52,500 $52,500 $-$105,000$-$- Legal:$- $3,000 $3,000 $-$6,000$-$- Right of Way:$- $17,500 $17,500 $-$35,000$-$- Other:$- Annual Cost:$- $250,000 $250,000 $-$500,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $500,000$- $250,000 $250,000 $-Open Space $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $250,000 $250,000 $-$500,000$-$- Funding Details: Project Description and Justification Create/construct Fall River riverwalk underpass. Public/Private partnership with Estes Epic for Fall River riverwalk ramps. Final Notes 374 PARKING LOT RESURFACING (Big Horn Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 39,000.00 Big Horn & Cleave 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date:10/2020 Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$24,570$- $- $24,570 $- $-$- Contingency:$- $- $3,900 $-$3,900$-$- Costruction Mgmnt:$- $- $4,680 $-$4,680$-$- Design:$-$- $5,850 $-$5,850$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $39,000 $-$39,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $39,000$- $- $39,000 $-1A Sales Tax $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $39,000 $-$39,000$-$- Funding Details: Project Description and Justification Mill & Overlay Parking Lot. Assume chipseal every seven years. Final Notes 375 PARKING LOT RESURFACING (Brownfields Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 26,000.00 Elkhorn Avenue next to Brownfields 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date:10/2019 Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$23,400$- $- $23,400 $- $-$- Contingency:$- $- $2,600 $-$2,600$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $26,000 $-$26,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $26,000$- $- $26,000 $-1A Sales Tax $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $26,000 $-$26,000$-$- Funding Details: Project Description and Justification Chip Seal Parking Lot. Assume chipseal every seven years. Evaluate ownership - vacate? Final Notes 376 PARKING LOT RESURFACING (Davis Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 88,000.00 Davis & Moraine 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date:10/2018 Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$55,440$- $55,440 $- $- $-$- Contingency:$- $8,800 $- $-$8,800$-$- Costruction Mgmnt:$- $10,560 $- $-$10,560$-$- Design:$- $13,200 $-$-$13,200$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $88,000 $- $-$88,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $88,000$- $88,000 $- $-1A Sales Tax $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $88,000 $- $-$88,000$-$- Funding Details: Project Description and Justification Crack Seal & Slurry Seal. Assume chipseal every seven years. Final Notes 377 PARKING LOT RESURFACING (DQ-East Riverside Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 98,000.00 Elkhorn & Riverside 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date:10/2021 Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$61,740$- $- $- $- $-$61,740 Contingency:$- $- $- $-$9,800$-$9,800 Costruction Mgmnt:$- $- $- $-$11,760$-$11,760 Design:$-$-$-$-$14,700$-$14,700 Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $- $-$98,000$-$98,000 Funding Sources TotalOut Yrs2021202020192018 2022 $98,000$- $- $- $-1A Sales Tax $-$98,000 NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$98,000$-$98,000 Funding Details: Project Description and Justification Mill and Overlay Needed. Assume chipseal every seven years. Final Notes 378 PARKING LOT RESURFACING (N Visitor Center Lot ) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 260,000.00 Big Thompson Ave. Visitor Center 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date:10/2021 Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$163,800$- $- $- $163,800 $-$- Contingency:$- $- $- $26,000 $26,000$-$- Costruction Mgmnt:$- $- $- $31,200 $31,200$-$- Design:$- $- $- $39,000 $39,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $- $260,000 $260,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $260,000$- $- $- $260,0001A Sales Tax $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $260,000 $260,000$-$- Funding Details: Project Description and Justification Mill & Overlay Parking Lot Final Notes Assume chipseal every seven years 379 PARKING LOT RESURFACING (Performance Park Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 250,000.00 Performance Park 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date: Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$250,000$- $250,000 $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $250,000 $- $-$250,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $250,000$- $250,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $250,000 $- $-$250,000$-$- Funding Details: Project Description and Justification Mill & Overlay Parking Lot. Assume chipseal every seven years. Final Notes 380 PARKING LOT RESURFACING (Post Office Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 145,860.00 W Riverside & Ivy 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date: Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$102,000$- $- $- $- $-$102,000 Contingency:$- $- $- $-$10,200$-$10,200 Costruction Mgmnt:$- $- $- $-$12,240$-$12,240 Design:$- $- $- $-$15,300$-$15,300 Legal:$- $- $- $-$1,020$-$1,020 Right of Way:$- $- $- $-$5,100$-$5,100 Other:$- Annual Cost:$- $- $- $-$145,860$-$145,860 Funding Sources TotalOut Yrs2021202020192018 2022 $145,860$- $- $- $-1A Sales Tax $-$145,860 NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$145,860$-$145,860 Funding Details: Project Description and Justification Crack Seal & Slurry Seal. Resurfaced in 2021 by Loop Project. Assume chipseal every seven years. Final Notes 381 PARKING LOT RESURFACING (Spruce Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 36,000.00 Spruce & Cleave 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date:10/2018 Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$22,680$- $22,680 $- $- $-$- Contingency:$- $3,600 $- $-$3,600$-$- Costruction Mgmnt:$- $4,320 $- $-$4,320$-$- Design:$- $5,400 $-$-$5,400$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $36,000 $- $-$36,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $36,000$- $36,000 $- $-1A Sales Tax $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $36,000 $- $-$36,000$-$- Funding Details: Project Description and Justification Mill & Overlay. Assume chipseal every seven years. Final Notes 382 PARKING LOT RESURFACING (Town Hall Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 471,000.00 Town Hall - Elkhorn & MacGregor 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date:10/2019 Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$296,730$- $63,000 $-$-$233,730$- Contingency:$- $10,000 $- $-$47,100$37,100$- Costruction Mgmnt:$- $12,000 $- $-$56,520$44,520$- Design:$- $15,000 $-$-$70,650$55,650$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $100,000 $- $-$471,000$371,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $471,000$- $100,000 $- $-1A Sales Tax $371,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $100,000 $- $-$471,000$371,000$- Funding Details: Project Description and Justification Chip Seal 2019, Mill & Overlay in future. Assume chipseal every seven years. Final Notes 383 PARKING LOT RESURFACING (Tregent Park Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 18,000.00 Spruce & Elkhorn 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date: Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$11,340$- $- $11,340 $- $-$- Contingency:$- $- $1,800 $-$1,800$-$- Costruction Mgmnt:$- $- $2,160 $-$2,160$-$- Design:$-$- $2,700 $-$2,700$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $18,000 $-$18,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $18,000$- $- $18,000 $-1A Sales Tax $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $18,000 $-$18,000$-$- Funding Details: Project Description and Justification Mill & Overlay Parking Lot. Assume chipseal every seven years. Final Notes 384 PARKING LOT RESURFACING (Virginia Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 30,000.00 Virginia & Elkhorn 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date:10/2020 Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$18,900$- $- $18,900 $- $-$- Contingency:$- $- $3,000 $-$3,000$-$- Costruction Mgmnt:$- $- $3,600 $-$3,600$-$- Design:$-$- $4,500 $-$4,500$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $30,000 $-$30,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $30,000$- $- $30,000 $-1A Sales Tax $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $30,000 $-$30,000$-$- Funding Details: Project Description and Justification Mill & Overlay Parking Lot. Assume chipseal every seven years. Final Notes 385 PARKING LOT RESURFACING (Weist Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 157,000.00 Wiest & Moraine 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date:10/2020 Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$98,910$-$- $98,910 $-$-$- Contingency:$- $- $15,700 $-$15,700$-$- Costruction Mgmnt:$- $- $18,840 $-$18,840$-$- Design:$- $- $23,550 $-$23,550$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $157,000 $-$157,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $157,000$- $- $157,000 $-1A Sales Tax $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $157,000 $-$157,000$-$- Funding Details: Project Description and Justification Mill & Overlay Parking Lot. Assume chipseal every seven years. Final Notes 386 Street Improvement Program (STIP) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 11,628,411.00 Throughout Estes Park 10 ExtendUsefulLife Engineering / Transportation Kelly Stallworth Estimated Start Date: Public Works Transportation Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$10,308,411$1,610,348 $1,550,000 $1,586,304 $1,713,208 $1,998,286$1,850,265 Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$150,000 $150,000 $150,000 $150,000 $900,000$150,000$150,000 Design:$70,000 $70,000 $70,000 $70,000 $420,000$70,000$70,000 Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$1,830,348 $1,770,000 $1,806,304 $1,933,208 $11,628,411$2,218,286$2,070,265 Funding Sources TotalOut Yrs2021202020192018 2022 $11,628,411$1,830,348 $1,770,000 $1,806,304 $1,933,2081A Sales Tax $2,218,286$2,070,265 NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$1,830,348 $1,770,000 $1,806,304 $1,933,208 $11,628,411$2,218,286$2,070,265 Funding Details: Project Description and Justification 1A Sales Tax Initiative - Street Improvements $70K Design, $100K Crack Seal, $600K Seal Coat, $300K Overlay, $300K Brodie Trail, Construction Mgmt cost of $150K incl spray patch operat , $74K Parking Lot Resurfacing, $30K Spray Patcher Emulsion/Aggregate Final Notes Program Expires 2024 387 TRAIL EXTENSION - Brodie Avenue Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 400,000.00 Brodie Ave. from Community Dr. to Fish Creek 20 New Engineering / Transportation Kevin Ash Estimated Start Date:04/2018 Public Works CommServ GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$400,000$400,000 $-$-$-$-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$400,000 $-$-$-$400,000$-$- Funding Sources TotalOut Yrs20212020201920182022 $400,000$400,000 $-$-$-1A Sales Tax $-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- Annual Cost:$400,000 $-$-$-$400,000$-$- Funding Details:$300K from 1A Trails Project Description and Justification Extend and improve trail at Brodie Ave. Final Notes 388 TRAIL EXTENSION (Fall River) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 7,037,000.00 Fall River Rd from Sleepy Hollow Ct NW to Fish Hatchery then W to town limits/RMNP 20 New Engineering / Transportation Kevin Ash Estimated Start Date: Public Works CommServ GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$7,037,000$- $2,337,000 $2,350,000 $2,350,000 $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $2,337,000 $2,350,000 $2,350,000 $7,037,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $1,037,000$- $337,000 $350,000 $350,000Open Space $-$- State Grant or Loan $- $2,000,000 $2,000,000 $2,000,000 $6,000,000$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $2,337,000 $2,350,000 $2,350,000 $7,037,000$-$- Funding Details: Project Description and Justification Extend and improve Fall River Trail. Added $200K local match. Open Lands. Total local match $537K. Final Notes 389 TRAIL EXTENSION (Wonderview Ave) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 350,000.00 Along the north side of Wonderview from US34/US36 intersection to MacGregor Ave. 20 New Engineering / Transportation Kevin Ash Estimated Start Date: Public Works CommServ GuestServ PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$199,500$- $199,500 $-$-$-$- Contingency:$- $35,000 $- $-$35,000$-$- Costruction Mgmnt:$- $42,000 $- $-$42,000$-$- Design:$- $52,500 $- $-$52,500$-$- Legal:$- $3,500 $- $-$3,500$-$- Right of Way:$- $17,500 $- $-$17,500$-$- Other:$- Annual Cost:$- $350,000 $- $-$350,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $87,500$- $87,500 $- $-Open Space $-$- 1A Sales Tax $- $262,500 $- $-$262,500$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $350,000 $- $-$350,000$-$- Funding Details:1A Trails Funding Project Description and Justification Construct trail from the US34/US36 intersection north and west to MacGregor Ave (N Side) Final Notes 390 Transportation Master Plan Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 200,000.00 Throughout Estes Park 50 MasterPlan Engineering / Transportation Greg Muhonen Estimated Start Date: Public Works Transportation Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$200,000$- $200,000 $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $200,000 $- $-$200,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $200,000$- $200,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $200,000 $- $-$200,000$-$- Funding Details: Project Description and Justification Final Notes 391 Baseline Irrigation Controllers Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 465,500.00 Multiple locations within Estes Park 20 New Parks Brian Berg Estimated Start Date: Public Works Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$465,500$- $66,500 $66,500 $66,500 $199,500$66,500 Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $66,500 $66,500 $66,500 $465,500$199,500$66,500 Funding Sources TotalOut Yrs2021202020192018 2022 $465,500$- $66,500 $66,500 $66,500Open Space $199,500$66,500 NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $66,500 $66,500 $66,500 $465,500$199,500$66,500 Funding Details: Project Description and Justification To update irrigation controllers for water conservation and computer monitoring and control Final Notes 392 Greenhouse Expansion Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 70,000.00 Parks Shop 50 ExtendUsefulLife Parks Brian Berg Estimated Start Date:05/2018 Public Works GovtServIntSupport Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$50,000$- $50,000 $- $- $-$- Contingency:$- $15,000 $- $-$15,000$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$- $5,000 $-$-$5,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $70,000 $- $-$70,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $70,000$- $70,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $70,000 $- $-$70,000$-$- Funding Details: Project Description and Justification Expansion on existing greenhouse located at the Parks Shops. It will be 50'x20'. Expands flowerbeds and additional landscaping needs (i.e. new transit facility).There will be a significant increase in the number of plants/flowers needing maintained. Final Notes 393 Parks Irrigation System Replacement Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 455,000.00 Throughout Estes Park 20 Replacement Parks Brian Berg Estimated Start Date: Public Works Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$455,000$- $65,000 $65,000 $65,000 $195,000$65,000 Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $65,000 $65,000 $65,000 $455,000$195,000$65,000 Funding Sources TotalOut Yrs2021202020192018 2022 $455,000$- $65,000 $65,000 $65,000Open Space $195,000$65,000 NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $65,000 $65,000 $65,000 $455,000$195,000$65,000 Funding Details:Irrigation Main - 1st Stage of Riverwalk Project Description and Justification Replace outdated irrigation system Final Notes 394 Arena 1-4 Footing Renovation Project Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 500,000.00 Events Complex 10 ExtendUsefulLife Special Events Rob Hinkle Estimated Start Date: Community Services GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$500,000$125,000 $125,000 $125,000 $125,000 $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$125,000 $125,000 $125,000 $125,000 $500,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $500,000$125,000 $125,000 $125,000 $125,000General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$125,000 $125,000 $125,000 $125,000 $500,000$-$- Funding Details: Project Description and Justification Arenas need leveled at base and additional footing needed. Will require for footing to be taken out of arena allowing base to be worked on prior to new footing addition. Base is uneven and is rising to top in areas posing safety risk for horses. Final Notes 395 Events Center Acoustics Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 60,000.00 Events Center 20 New Special Events Rob Hinkle Estimated Start Date: Community Services GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$60,000$60,000 $- $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$60,000 $- $- $-$60,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $60,000$60,000 $- $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$60,000 $- $- $-$60,000$-$- Funding Details: Project Description and Justification Acoustic problems currently exist for concerts, festivals and meetings. Add 3,800 sf of sound dampening boards around all four inside walls of the Events Center. Final Notes 396 Events Complex Barn Replacement Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 12,000,000.00 Events Complex 20 Replacement Special Events Rob Hinkle Estimated Start Date: Community Services GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$12,000,000$-$- $4,000,000 $-$8,000,000$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $4,000,000 $-$12,000,000$8,000,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $12,000,000$- $- $4,000,000 $-General Fund $8,000,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $4,000,000 $-$12,000,000$8,000,000$- Funding Details: Project Description and Justification Replace all east barns (120 stalls) and Barns U, T, V & W (202 stalls) over multiple years. Trying to expand the horse show season generating more income. Condensing all barns into 2 or 3 pavilions will allow for more event space on property. Final Notes 397 Events Complex Internal Roadway Improvement Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 150,000.00 Events Complex 20 Replacement Special Events Rob Hinkle Estimated Start Date: Community Services GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$150,000$- $150,000 $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$- $- $- $-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $150,000 $- $-$150,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $150,000$- $150,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $150,000 $- $-$150,000$-$- Funding Details: Project Description and Justification Replace old roadways and parking areas on the east side of the events complex. New roadways from all gates through middle of events complex and around Event Center including campground. Old asphalt is breaking away and has many potholes causing issues. Final Notes 398 Events Complex Master Plan Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 40,000.00 Events Center 10 MasterPlan Special Events Rob Hinkle Estimated Start Date: Community Services GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$-$- $- $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$- $40,000 $-$-$40,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $40,000 $- $-$40,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $40,000$- $40,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $40,000 $- $-$40,000$-$- Funding Details: Project Description and Justification Hire design firm to complete new Events Complex Master Plan to address future growth. Aligns with strategic plan for Comm Svcs in 2017 and will help prioritize future capital projects. Plan will address rehabilitation, replacement and new projects. Final Notes 399 Events Complex Mobile Stage Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 150,000.00 Mobile 20 Replacement Special Events Rob Hinkle Estimated Start Date: Community Services GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$150,000$150,000 $- $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$150,000 $-$-$-$150,000$-$- Funding Sources TotalOut Yrs20212020201920182022 $150,000$150,000 $-$-$-General Fund $-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- Annual Cost:$150,000 $-$-$-$150,000$-$- Funding Details: Project Description and Justification Current stage has safety issues. Determined not to have permanent stage installed at Bond Park so stage can be utilized in multiple locations Final Notes 400 Events Complex Signage Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 100,000.00 Events Complex 20 New Special Events Rob Hinkle Estimated Start Date: Community Services GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$90,000$- $90,000 $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$- $10,000 $-$-$10,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $100,000 $- $-$100,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $100,000$- $100,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $100,000 $- $-$100,000$-$- Funding Details: Project Description and Justification Currently no internal directional or arrival signage. Project would design, construct and install permanent signage throughout the Events Complex. Final Notes 401 Events Complex Storage Building Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 350,000.00 Events Complex 50 New Special Events Rob Hinkle Estimated Start Date: Community Services GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$350,000$- $350,000 $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $350,000 $- $-$350,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $350,000$- $350,000 $- $-General Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $350,000 $- $-$350,000$-$- Funding Details: Project Description and Justification 2,000 SF storage bldg to be utilized for event complex equipment. Need dry, rodent-free storage with safe/easy access. Final Notes 402 Automated Meter Reading Improvements SG2016 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 945,000.00 Estes Valley 15 New Light & Power Joe Lockhart Estimated Start Date:01/2016 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$885,000$515,000 $170,000 $100,000 $100,000 $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $20,000 $20,000 $20,000 $60,000$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$515,000 $190,000 $120,000 $120,000 $945,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $945,000$515,000 $190,000 $120,000 $120,000Light & Power Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$515,000 $190,000 $120,000 $120,000 $945,000$-$- Funding Details: Project Description and Justification Install smart meters for improved service quality and reliability. AMI meters will help trouble shoot outages, voltage issues and will reduce driving while reading meters. Final Notes 403 Carriage Hills Phase 1 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 775,480.00 Carriage Hills 60 Replacement Light & Power Joe Lockhart Estimated Start Date:01/2020 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$682,480$-$- $682,480 $-$-$- Contingency:$- $- $38,000 $-$38,000$-$- Costruction Mgmnt:$- $- $5,000 $-$5,000$-$- Design:$- $- $50,000 $-$50,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $775,480 $-$775,480$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $775,480$- $- $775,480 $-Light & Power Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $775,480 $-$775,480$-$- Funding Details: Project Description and Justification Replacing bare copper to insulated tree cable due to the number of outages in the area. Final Notes 404 Carriage Hills Phase 2 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 507,000.00 Carriage Hills 60 Replacement Light & Power Joe Lockhart Estimated Start Date:01/2021 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$492,000$-$-$- $492,000 $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $5,000 $5,000$-$- Design:$- $- $- $10,000 $10,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $- $507,000 $507,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $507,000$- $- $- $507,000Light & Power Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $507,000 $507,000$-$- Funding Details: Project Description and Justification Replacing bare copper to insulated tree cable due to the number of outages in the area. Final Notes 405 Dandie Way Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 50,000.00 Dandie Way 80 Replacement Light & Power Joe Lockhart Estimated Start Date:06/2018 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$50,000$50,000 $-$-$-$-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$50,000 $- $- $-$50,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $50,000$50,000 $- $- $-Light & Power Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$50,000 $- $- $-$50,000$-$- Funding Details: Project Description and Justification Rebuild overhead power line with tree cable to reduce outages and improve power quality Final Notes 406 Goblin Castle Area Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 115,000.00 Goblin Castle Road 60 Replacement Light & Power Joe Lockhart Estimated Start Date:04/2018 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$100,000$100,000 $-$-$-$-$- Contingency:$2,500 $- $- $-$2,500$-$- Costruction Mgmnt:$2,500 $- $- $-$2,500$-$- Design:$10,000 $-$-$-$10,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$115,000 $-$-$-$115,000$-$- Funding Sources TotalOut Yrs20212020201920182022 $115,000$115,000 $-$-$-Light & Power Fund $-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- Annual Cost:$115,000 $-$-$-$115,000$-$- Funding Details: Project Description and Justification Install tree cable to reduce outages and improve service quality. Final Notes 407 Hwy 34 Big Thompson Canyon Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 450,000.00 Hwy 34 80 Replacement Light & Power Joe Lockhart Estimated Start Date:01/2018 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$450,000$450,000 $-$-$-$-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$- $- $- $-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$450,000 $-$-$-$450,000$-$- Funding Sources TotalOut Yrs20212020201920182022 $450,000$450,000 $-$-$-Light & Power Fund $-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- Annual Cost:$450,000 $-$-$-$450,000$-$- Funding Details:$200K for tree cable and $250K for fiber optic cable Project Description and Justification While Hwy 34 is closed, install fiber and tree cable to improve service quality and reliability. Final Notes 408 Longs Peak Area Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 160,000.00 Longs Peak Road Area 60 Replacement Light & Power Joe Lockhart Estimated Start Date:06/2018 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$135,000$135,000 $-$-$-$-$- Contingency:$15,000 $- $- $-$15,000$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$10,000 $- $- $-$10,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$160,000 $-$-$-$160,000$-$- Funding Sources TotalOut Yrs20212020201920182022 $160,000$160,000 $-$-$-Light & Power Fund $-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- NA $-$-$-$-$-$-$- Annual Cost:$160,000 $-$-$-$160,000$-$- Funding Details: Project Description and Justification Install tree cable to reduce outages and improve service quality Final Notes 409 Ski Road Area Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 286,000.00 Ski Road Allenspark 60 Replacement Light & Power Joe Lockhart Estimated Start Date:01/2019 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$260,000$- $260,000 $-$-$-$- Contingency:$- $16,000 $- $-$16,000$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$- $10,000 $- $-$10,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $286,000 $- $-$286,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $286,000$- $286,000 $- $-Light & Power Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $286,000 $- $-$286,000$-$- Funding Details: Project Description and Justification Replacing bare copper to insulated tree cable due to the number of outages in the area. Final Notes 410 Skinner Road Area Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 300,000.00 Skinner Road Allenspark 60 Replacement Light & Power Joe Lockhart Estimated Start Date:01/2019 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$265,000$- $265,000 $-$-$-$- Contingency:$- $15,000 $- $-$15,000$-$- Costruction Mgmnt:$- $10,000 $- $-$10,000$-$- Design:$- $10,000 $-$-$10,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $300,000 $- $-$300,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $300,000$- $300,000 $- $-Light & Power Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $300,000 $- $-$300,000$-$- Funding Details: Project Description and Justification Replacing bare copper to insulated tree cable due to the number of outages in the area. Final Notes 411 Tahosa Park (AP2022) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 67,000.00 Tahosa Road 60 Replacement Light & Power Joe Lockhart Estimated Start Date:05/2022 Utilities Infrastructure GovtServIntSupport PublicSHE Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$50,000$-$-$-$-$-$50,000 Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$- $- $- $-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$17,000$-$17,000 Other:$- Annual Cost:$- $- $- $-$67,000$-$67,000 Funding Sources TotalOut Yrs2021202020192018 2022 $67,000$- $- $- $-Light & Power Fund $-$67,000 NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$67,000$-$67,000 Funding Details: Project Description and Justification Replacing bare copper to insulated tree cable due to the number of outages in the area. Final Notes 412 Aspen Avenue Water Main Replacement Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 180,760.00 Aspen Avenue 80 Replacement Water Cliff Tedder Estimated Start Date:08/2018 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$139,050$139,050 $- $- $- $-$- Contingency:$13,905 $- $- $-$13,905$-$- Costruction Mgmnt:$13,205 $- $- $-$13,205$-$- Design:$14,600 $- $- $-$14,600$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$180,760 $-$-$-$180,760$-$- Funding Sources TotalOut Yrs20212020201920182022 $180,760$180,760 $-$-$-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$180,760 $-$-$-$180,760$-$- Funding Details: Project Description and Justification Replace old galvanized pipe to improve fire flows and water quality Final Notes 413 Big Horn Drive Water Main Replacement Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 193,397.00 Big Horn Drive 80 Replacement Water Cliff Tedder Estimated Start Date:07/2019 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$140,000$- $140,000 $- $- $-$- Contingency:$- $17,799 $- $-$17,799$-$- Costruction Mgmnt:$- $16,689 $- $-$16,689$-$- Design:$- $16,909 $-$-$16,909$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $2,000 $- $-$2,000$-$- Other:$- Annual Cost:$- $193,397 $- $-$193,397$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $193,397$- $193,397 $- $-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $193,397 $- $-$193,397$-$- Funding Details: Project Description and Justification Replacement of galvanized pipe that is past its useful life Final Notes 414 Big Thompson Avenue (HWY 34) Water Main Repair Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 507,903.00 Big Thompson Avenue 80 Replacement Water Cliff Tedder $0 Estimated Start Date:04/2018 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$458,951$458,951 $- $- $- $-$- Contingency:$16,562 $- $- $-$16,562$-$- Costruction Mgmnt:$17,390 $- $- $-$17,390$-$- Design:$15,000 $-$-$-$15,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$507,903 $-$-$-$507,903$-$- Funding Sources TotalOut Yrs20212020201920182022 $507,903$507,903 $-$-$-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$507,903 $-$-$-$507,903$-$- Funding Details: Project Description and Justification Replace old galvanized pipe to improve fire flows and water quality Final Notes 415 Bureau Area Phase 2 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 220,000.00 3rd and 4th streets 80 Replacement Water Cliff Tedder Estimated Start Date:04/2018 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$200,000$200,000 $- $- $- $-$- Contingency:$10,000 $- $- $-$10,000$-$- Costruction Mgmnt:$10,000 $- $- $-$10,000$-$- Design:$- $- $- $-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$220,000 $-$-$-$220,000$-$- Funding Sources TotalOut Yrs20212020201920182022 $220,000$220,000 $-$-$-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$220,000 $-$-$-$220,000$-$- Funding Details: Project Description and Justification Rebuild distribution system to improve fire flows and quality of service Final Notes 416 Bureau Area Phase 3 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 221,845.00 2nd and 3rd Streets 80 Replacement Water Cliff Tedder $ 1,500 Estimated Start Date:04/2019 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$180,000$- $- $- $180,000 $-$- Contingency:$- $- $- $20,412 $20,412$-$- Costruction Mgmnt:$- $- $- $21,433 $21,433$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $- $221,845 $221,845$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $221,846$- $- $- $221,846Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $221,846 $221,846$-$- Funding Details: Project Description and Justification Final Notes 417 Bureau Area Phase 4 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 331,607.00 2nd and 3rd Streets 80 Replacement Water Cliff Tedder Estimated Start Date:04/2020 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$270,000$- $- $- $- $-$270,000 Contingency:$- $- $- $-$30,052$-$30,052 Costruction Mgmnt:$- $- $- $-$31,555$-$31,555 Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $- $-$331,607$-$331,607 Funding Sources TotalOut Yrs2021202020192018 2022 $331,608$- $- $- $-Water Fund $-$331,608 NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$331,608$-$331,608 Funding Details: Project Description and Justification This project will involve the abandonment of water lines past their useful life and install new water lines separated from other utilities and additionally address high pressure issues Final Notes 418 Hill Streets Water Main Replacement Phase 2 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 253,992.00 Landers Street and Columbine Avenue 80 Replacement Water Cliff Tedder Estimated Start Date:05/2021 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$185,000$- $- $- $185,000 $-$- Contingency:$- $- $- $22,997 $22,997$-$- Costruction Mgmnt:$- $- $- $24,147 $24,147$-$- Design:$-$-$- $21,848 $21,848$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $- $253,992 $253,992$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $253,991$- $- $- $253,991Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $253,991 $253,991$-$- Funding Details: Project Description and Justification Replacement of galvanized pipe past its useful life for the improvement of infrastructure and water quality Final Notes 419 Meter Replacement Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 300,000.00 Throughout Town 10 Replacement Water Cliff Tedder Estimated Start Date:01/2018 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$300,000$300,000 $- $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$300,000 $-$-$-$300,000$-$- Funding Sources TotalOut Yrs20212020201920182022 $-$-$-$-Water Fund $- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $- $- Funding Details: Project Description and Justification Replacement of water meters past their useful life, will serve to prevent lost revenue and provide accountable water monitoring Final Notes 420 Moraine Bridge Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 394,000.00 Moraine Avenue 80 Replacement Water Chris Eshelman Estimated Start Date:10/2017 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$309,000$- $309,000 $- $- $-$- Contingency:$- $46,000 $- $-$46,000$-$- Costruction Mgmnt:$- $15,000 $- $-$15,000$-$- Design:$- $20,000 $-$-$20,000$-$- Legal:$- $3,000 $- $-$3,000$-$- Right of Way:$- $1,000 $- $-$1,000$-$- Other:$- Annual Cost:$- $394,000 $- $-$394,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $394,000$- $394,000 $- $-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $394,000 $- $-$394,000$-$- Funding Details: Project Description and Justification Replacement of water lines past their useful life and relocation of water lines due to the Moraine Bridge Project Final Notes 421 Panorama Circle Water Main Replacement Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 507,903.00 Panorama Circle 80 Replacement Water Cliff Tedder $ 1,500 Estimated Start Date:05/2022 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$370,000$- $- $- $- $-$370,000 Contingency:$- $- $- $-$45,968$-$45,968 Costruction Mgmnt:$- $- $- $-$48,266$-$48,266 Design:$- $- $- $-$43,669$-$43,669 Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $- $-$507,903$-$507,903 Funding Sources TotalOut Yrs2021202020192018 2022 $507,903$- $- $- $-Water Fund $-$507,903 NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$507,903$-$507,903 Funding Details: Project Description and Justification Replacement of galvanized pipe that is past its useful life Final Notes 422 Park View & Cyteworth Water Main Replacement Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 622,223.00 Cyteworth Road and Park View Lane 80 Replacement Water Cliff Tedder $ 1,500 Estimated Start Date:03/2020 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$450,000$- $- $450,000 $- $-$- Contingency:$- $- $57,408 $-$57,408$-$- Costruction Mgmnt:$- $- $60,278 $-$60,278$-$- Design:$- $- $54,537 $-$54,537$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $622,223 $-$622,223$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $622,224$- $- $622,224 $-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $622,224 $-$622,224$-$- Funding Details: Project Description and Justification Replacement of galvanized pipe that is past its useful life for improvement of infrastructure and water quality Final Notes 423 Prospect Mountain PRV Water Main Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 275,000.00 Steele Court 80 Replacement Water Cliff Tedder Estimated Start Date:03/2020 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$200,000$- $- $200,000 $- $-$- Contingency:$- $- $25,000 $-$25,000$-$- Costruction Mgmnt:$- $- $26,250 $-$26,250$-$- Design:$- $- $23,750 $-$23,750$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $275,000 $-$275,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $275,000$- $- $275,000 $-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $275,000 $-$275,000$-$- Funding Details: Project Description and Justification To address flow restriction issues in the area and improve infrastructure Final Notes 424 Rockwell / W. Riverside 16" Main Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 320,000.00 Rockwell St and W. Riverside Dr. 80 Replacement Water Chris Eshelman $ 1,200 Estimated Start Date:10/2018 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$300,000$300,000 $- $- $- $-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$20,000 $-$-$-$20,000$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$320,000 $-$-$-$320,000$-$- Funding Sources TotalOut Yrs20212020201920182022 $320,000 $-$-$-Water Fund $- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$320,000 $-$-$-$- Funding Details: Project Description and Justification Rebuild distribution system prior to construction associated with the loop project and core development for future projects Final Notes 425 Spruce Drive Water Main Replacement Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 295,495.00 Spruce Drive 80 Replacement Water Cliff Tedder $ 1,500 Estimated Start Date:01/2019 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$215,000$- $215,000 $- $- $-$- Contingency:$- $26,832 $- $-$26,832$-$- Costruction Mgmnt:$- $28,173 $- $-$28,173$-$- Design:$- $25,490 $- $-$25,490$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $295,495 $- $-$295,495$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $295,496$- $295,496 $- $-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $295,496 $- $-$295,496$-$- Funding Details: Project Description and Justification Replacement of galvanized pipe past its useful life for the improvement of infrastructure and water quality Final Notes 426 Stanley Circle Water Main Replacement Phase 3 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 215,422.00 Stanley Circle Drive 80 Replacement Water Cliff Tedder $ 1,500 Estimated Start Date:02/2021 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$175,000$- $- $- $175,000 $-$- Contingency:$- $- $- $19,718 $19,718$-$- Costruction Mgmnt:$- $- $- $20,704 $20,704$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$- $- $- $215,422 $215,422$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $215,422$- $- $- $215,422Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $215,422 $215,422$-$- Funding Details: Project Description and Justification Replacement of galvanized pipe past its useful life for the improvement of infrastructure and water quality Final Notes 427 Glacier Creek Water Trtmt Plant Land Acquisition Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 170,000.00 Glacier Creek New Water Chris Eshelman Estimated Start Date:01/2018 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$170,000$170,000 $-$-$-$-$- Contingency:$- $- $- $-$-$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$170,000 $-$-$-$170,000$-$- Funding Sources TotalOut Yrs20212020201920182022 $170,000$170,000 $-$-$-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$170,000 $-$-$-$170,000$-$- Funding Details: Project Description and Justification Acquisition of land to develop redundant raw water source. Final Notes 428 USA Water Rights Contract, BOR expires 2019 Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 44,000.00 Marys Lake, Ramshorn Tunnel, East Portal 50 Master Plan Water Chris Eshelman $0 Estimated Start Date:01/2017 Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$-$-$-$-$-$-$- Contingency:$4,000 $- $- $-$4,000$-$- Costruction Mgmnt:$- $- $- $-$-$-$- Design:$-$-$-$-$-$-$- Legal:$40,000 $- $- $-$40,000$-$- Right of Way:$- $- $- $-$-$-$- Other:$- Annual Cost:$44,000 $- $- $-$44,000$-$- Funding Sources TotalOut Yrs2021202020192018 2022 $44,000$44,000 $- $- $-Water Fund $-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$44,000 $- $- $-$44,000$-$- Funding Details: Project Description and Justification Legal negotiations for contact renewal Final Notes 429 BRIDGE REPLACEMENT (Crags Dr / Big T River) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 2,500,000.00 W Riverside Dr at Big Thompson River 40 Replacement Engineering / Stormwater Kevin Ash Estimated Start Date: Public Works Infrastructure Transportation Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$1,425,000$- $- $- $- $1,425,000$- Contingency:$- $- $- $-$250,000$250,000$- Costruction Mgmnt:$- $- $- $-$300,000$300,000$- Design:$- $- $- $-$375,000$375,000$- Legal:$- $- $- $-$25,000$25,000$- Right of Way:$- $- $- $-$125,000$125,000$- Other:$- Annual Cost:$- $- $- $-$2,500,000$2,500,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $2,500,000$- $- $- $-Federal Grant or Loan $2,500,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$2,500,000$2,500,000$- Funding Details:Grant funding to be determined Project Description and Justification Replace existing bridge to accommodate new flood flows Final Notes 430 BRIDGE REPLACEMENT (Riverside Dr / Confluence) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 4,000,000.00 Riverside Dr. between Rockwell & Elkhorn 40 Replacement Engineering / Stormwater Kevin Ash Estimated Start Date: Public Works Infrastructure Transportation Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$2,280,000$- $- $- $- $2,280,000$- Contingency:$- $- $- $-$400,000$400,000$- Costruction Mgmnt:$- $- $- $-$480,000$480,000$- Design:$- $- $- $-$600,000$600,000$- Legal:$- $- $- $-$40,000$40,000$- Right of Way:$- $- $- $-$200,000$200,000$- Other:$- Annual Cost:$- $- $- $-$4,000,000$4,000,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $4,000,000$- $- $- $-Federal Grant or Loan $4,000,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$4,000,000$4,000,000$- Funding Details: Project Description and Justification Replace existing bridge to accommodate new flood flows and recreation trail underpass. Major sanitary sewer realignment may be required for underpass. Final Notes 431 BRIDGE REPLACEMENT (Rockwell ) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 2,500,000.00 Rockwell Street over Big Thompson River 40 Replacement Engineering / Stormwater Kevin Ash Estimated Start Date: Public Works Infrastructure Transportation Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$1,425,000$- $- $- $- $1,425,000$- Contingency:$- $- $- $-$250,000$250,000$- Costruction Mgmnt:$- $- $- $-$300,000$300,000$- Design:$- $- $- $-$375,000$375,000$- Legal:$- $- $- $-$25,000$25,000$- Right of Way:$- $- $- $-$125,000$125,000$- Other:$- Annual Cost:$- $- $- $-$2,500,000$2,500,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $2,500,000$- $- $- $-Federal Grant or Loan $2,500,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$2,500,000$2,500,000$- Funding Details:Grant funding to be determined. Project Description and Justification Replace existing bridge to accommodate new flood flows Final Notes 432 BRIDGE REPLACEMENT (Spruce Drive / Fall River) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 2,000,000.00 Spruce Drive at Fall River 40 Replacement Engineering / Stormwater Kevin Ash Estimated Start Date: Public Works Infrastructure Transportation Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$1,140,000$- $- $- $- $1,140,000$- Contingency:$- $- $- $-$200,000$200,000$- Costruction Mgmnt:$- $- $- $-$240,000$240,000$- Design:$- $- $- $-$300,000$300,000$- Legal:$- $- $- $-$20,000$20,000$- Right of Way:$- $- $- $-$100,000$100,000$- Other:$- Annual Cost:$- $- $- $-$2,000,000$2,000,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $2,000,000$- $- $- $-Federal Grant or Loan $2,000,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$2,000,000$2,000,000$- Funding Details:Grant funding to be determined Project Description and Justification Replace existing bridge to accommodate new flood flows. Final Notes 433 Downtown Parking Structure Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 17,614,500.00 Town Hall Lot 50 New Facilities Jon Landkamer Estimated Start Date: Public Works Transportation GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$13,700,000$-$-$-$-$13,700,000$- Contingency:$- $- $- $-$1,370,000$1,370,000$- Costruction Mgmnt:$- $- $- $-$1,096,000$1,096,000$- Design:$-$-$-$-$1,370,000$1,370,000$- Legal:$- $- $- $-$68,500$68,500$- Right of Way:$- $- $- $-$10,000$10,000$- Other:$- Annual Cost:$- $- $- $-$17,614,500$17,614,500$- Funding Sources TotalOut Yrs2021202020192018 2022 $4,403,625$- $- $- $-General Fund $4,403,625$- State Grant or Loan $- $- $- $-$13,210,875$13,210,875$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$17,614,500$17,614,500$- Funding Details: Project Description and Justification Estimate is based on a 500 parking space structure at the cost of $35K per space. Does not include land acquisition. Final Notes 434 N. Visitor Center Parking Structure Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 16,072,500.00 North Visitor Center parking lot. 50 New Facilities Jon Landkamer Estimated Start Date: Public Works Transportation GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$12,500,000$-$-$-$-$12,500,000$- Contingency:$- $- $- $-$1,250,000$1,250,000$- Costruction Mgmnt:$- $- $- $-$1,000,000$1,000,000$- Design:$- $- $- $-$1,250,000$1,250,000$- Legal:$- $- $- $-$62,500$62,500$- Right of Way:$- $- $- $-$10,000$10,000$- Other:$- Annual Cost:$- $- $- $-$16,072,500$16,072,500$- Funding Sources TotalOut Yrs2021202020192018 2022 $4,018,125$- $- $- $-General Fund $4,018,125$- State Grant or Loan $- $- $- $-$12,054,375$12,054,375$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$16,072,500$16,072,500$- Funding Details: Project Description and Justification Estimate is based on a 500-space structure at $32K per parking space.This structure would go on land already owned by the Town. It does not account for relocation of the Parks Dept. Final Notes 435 Public Works Service Center Facility Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 12,860,000.00 Unknown 50 Replacement Facilities Jon Landkamer Estimated Start Date: Public Works GovtServIntSupport Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$10,000,000$-$-$-$-$10,000,000$- Contingency:$- $- $- $-$1,000,000$1,000,000$- Costruction Mgmnt:$- $- $- $-$800,000$800,000$- Design:$-$-$-$-$1,000,000$1,000,000$- Legal:$- $- $- $-$50,000$50,000$- Right of Way:$- $- $- $-$10,000$10,000$- Other:$- Annual Cost:$- $- $- $-$12,860,000$12,860,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $9,645,000$- $- $- $-General Fund $9,645,000$- State Grant or Loan $- $- $- $-$3,215,000$3,215,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$12,860,000$12,860,000$- Funding Details: Project Description and Justification New facility would replace existing PW office. Final Notes 436 Town Hall Relocation Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 15,430,000.00 Unknown 50 Replacement Facilities Jon Landkamer Estimated Start Date: Public Works GovtServIntSupport Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$12,000,000$-$-$-$-$12,000,000$- Contingency:$- $- $- $-$1,200,000$1,200,000$- Costruction Mgmnt:$- $- $- $-$960,000$960,000$- Design:$- $- $- $-$1,200,000$1,200,000$- Legal:$- $- $- $-$60,000$60,000$- Right of Way:$- $- $- $-$10,000$10,000$- Other:$- Annual Cost:$- $- $- $-$15,430,000$15,430,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $11,572,500$- $- $- $-General Fund $11,572,500$- Community Reinvestment $- $- $- $-$3,857,500$3,857,500$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$15,430,000$15,430,000$- Funding Details: Project Description and Justification Estimate is based on a 40,000 sf building at $400/sf. Does not include land acquisition. Final Notes 437 INTERSECTION IMPROVEMENTS (Marys Lake Rd/Moraine) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 1,430,000.00 Intersection of Mary's Lake Rd & Moraine Ave (US36) 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date: Public Works Transportation Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$1,000,000$-$-$-$-$1,000,000$- Contingency:$- $- $- $-$100,000$100,000$- Costruction Mgmnt:$- $- $- $-$120,000$120,000$- Design:$- $- $- $-$150,000$150,000$- Legal:$- $- $- $-$10,000$10,000$- Right of Way:$- $- $- $-$50,000$50,000$- Other:$- Annual Cost:$- $- $- $-$1,430,000$1,430,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $1,430,000$- $- $- $-Federal Grant or Loan $1,430,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$1,430,000$1,430,000$- Funding Details:Future FLAP grant application 2022 Project Description and Justification Improve intersection capacity and safety with new roundabout. Town to complete NEPA process prior to application. Final Notes 438 PARKING LOT RESURFACING (Conf Ctr Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 145,860.00 101 S St Vrain 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date: Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$102,000$-$-$-$-$102,000$- Contingency:$- $- $- $-$10,200$10,200$- Costruction Mgmnt:$- $- $- $-$12,240$12,240$- Design:$-$-$-$-$15,300$15,300$- Legal:$- $- $- $-$1,020$1,020$- Right of Way:$- $- $- $-$5,100$5,100$- Other:$- Annual Cost:$- $- $- $-$145,860$145,860$- Funding Sources TotalOut Yrs2021202020192018 2022 $145,860$- $- $- $-1A Sales Tax $145,860$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$145,860$145,860$- Funding Details: Project Description and Justification Resurface lot to extend life. Assume chip seal every 7 years. Final Notes 439 PARKING LOT RESURFACING (Events Center Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 400,000.00 Fairgrounds 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date: Public Works Infrastructure CommServ GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$228,000$-$-$-$-$228,000$- Contingency:$- $- $- $-$40,000$40,000$- Costruction Mgmnt:$- $- $- $-$48,000$48,000$- Design:$-$-$-$-$60,000$60,000$- Legal:$- $- $- $-$4,000$4,000$- Right of Way:$- $- $- $-$20,000$20,000$- Other:$- Annual Cost:$- $- $- $-$400,000$400,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $400,000$- $- $- $-1A Sales Tax $400,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$400,000$400,000$- Funding Details: Project Description and Justification Mill & Overlay Needed. Assume chipseal every seven years. Final Notes 440 PARKING LOT RESURFACING (S Visitor Center Lot) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 145,860.00 Hwy 36 SW OF Hwy 34 Intersection 20 Replacement Engineering / Transportation Kevin Ash Estimated Start Date: Public Works Infrastructure CommServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$102,000$- $- $- $- $102,000$- Contingency:$- $- $- $-$10,200$10,200$- Costruction Mgmnt:$- $- $- $-$12,240$12,240$- Design:$- $- $- $-$15,300$15,300$- Legal:$- $- $- $-$1,020$1,020$- Right of Way:$- $- $- $-$5,100$5,100$- Other:$- Annual Cost:$- $- $- $-$145,860$145,860$- Funding Sources TotalOut Yrs2021202020192018 2022 $145,860$- $- $- $-1A Sales Tax $145,860$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$145,860$145,860$- Funding Details: Project Description and Justification Resurface lot to extend life. Assume chip seal every 7 years. Final Notes 441 TRAIL RESURFACING (US-34) Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 715,000.00 Along Hwy 34 from Steamer Dr to Ride A Kart 20 ExtendUsefulLife Engineering / Transportation Kevin Ash Estimated Start Date: Public Works CommServ GuestServ Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$500,000$-$-$-$-$500,000$- Contingency:$- $- $- $-$50,000$50,000$- Costruction Mgmnt:$- $- $- $-$60,000$60,000$- Design:$-$-$-$-$75,000$75,000$- Legal:$- $- $- $-$5,000$5,000$- Right of Way:$- $- $- $-$25,000$25,000$- Other:$- Annual Cost:$- $- $- $-$715,000$715,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $357,500$- $- $- $-Open Space $357,500$- 1A Sales Tax $- $- $- $-$357,500$357,500$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$715,000$715,000$- Funding Details: Project Description and Justification Resurface and improve trail Final Notes 442 Big Thompson Avenue (HWY 34) East to Mall Road Project Information Department: Division: Useful Life: Capital Type: Board Goal: Project Manager: Budget Estimate: Location: Annual Change in O&M: $ 213,000.00 Big Thompson Avenue 80 Master Plan Water Chris Eshelman $ 1,500 Estimated Start Date: Utilities Infrastructure Project Costs 2018 2019 2020 2021 Out Yrs Total2022 Construction:$145,000$- $- $- $- $145,000$- Contingency:$- $- $- $-$20,000$20,000$- Costruction Mgmnt:$- $- $- $-$21,000$21,000$- Design:$-$-$-$-$26,000$26,000$- Legal:$- $- $- $-$-$-$- Right of Way:$- $- $- $-$1,000$1,000$- Other:$- Annual Cost:$- $- $- $-$213,000$213,000$- Funding Sources TotalOut Yrs2021202020192018 2022 $213,000$- $- $- $-Water Fund $213,000$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- NA $- $- $- $-$-$-$- Annual Cost:$- $- $- $-$213,000$213,000$- Funding Details: Project Description and Justification Replacement of galvanized pipe that is past its useful life. This will also facilitate the fruition of the Master Plan to loop the water lines to Mall Road and eventually south to Fish Creek Rd. Final Notes 443       444 Town Attorney Memo To: Honorable Mayor Jirsa Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: December 12, 2017 RE: Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units from Platte River Power Authority Objective: Approve the Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units From Platte River Power Authority among the City of Fort Collins, City of Loveland, Town of Estes Park (collectively the “Municipalities”), and Platte River Power Authority (“Platte River”). Present Situation: The Municipalities were the original participants in the Windy Gap Water Project developed by the Municipal Subdistrict of the Northern Colorado Water Conservancy District along with the City of Boulder, City of Longmont, and the City of Greeley. The Municipalities, along with the City of Longmont, collectively formed Platte River. In July of 1974, the Municipalities assigned their preferential rights to contract with the Subdistrict for 160 units of Windy Gap water to PRPA (80 units from Fort Collins, 40 units from Loveland and 40 units from the Town). As part of that assignment, a Right of First Refusal was reserved to the Municipalities stating as follows: “If Platte River shall ever offer the right to the use of any such waters, through development of reuse potential, transfer, lease or sale of any portion of the allotment, or otherwise, to any other person or entity, it shall first offer the use thereof, to the Municipality on substantially similar terms and conditions as those at which such right of use is offered to such other person or entity.” In the last few years, Platte River has annually leased some of its Windy Gap water to third parties and obtained approval of those leases from the Municipalities. Recently, Platte River determined that it does not need all of its allocation of Windy Gap water to meet its current and future power generation needs. Platte River has determined to divest some of its Windy Gap water units. In 2017, Platte River sold 23 Windy Gap water units to various third parties, and the Municipalities each waived and refused their respective rights of first refusal with respect to those 23 Windy Gap water units. 445 However, due to issues and questions that arose with regard to the sale of those 23 Windy Gap water units, the Municipalities and Platte River determined to enter into an Agreement defining the procedures, roles, and responsibilities of each party with regard to the exercise of the Municipalities’ rights of first refusal for any future transfer of Windy Gap water units by Platte River. The Agreement provides for the following a) Notice by Platte River of the proposed Windy Gap transfer with a third party; b) Procedure for protecting any confidential information with regard to potential transfer of Windy Gap water; c) Exercise or waiver of each Municipalities’ right of first refusal; d) Joint exercise of Municipalities’ right of first refusal in the event that two or more Municipalities wish to exercise their right of first refusal. Town Staff is recommending approval of the Agreement as it provides needed clarification of the procedures, roles, and responsibilities for the exercise or waiver of the right of first refusal for any future transfer of Windy Gap water rights by Platte River pursuant to the Town’s July of 1974 assignment of 40 units of the Town’s Windy Gap water to Platte River. Advantages: Adoption of the Agreement clarifies the Municipalities’ and Platte River’s procedures, roles and responsibilities for any future transfer of Windy Gap water by Platte River. Disadvantages: None. Action Recommended: The approval of the Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units from Platte River. Budget: There are no budget implications pursuant to this Agreement. Level of Public Interest Low. Sample Motion: I move to approve/not approve the Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units from Platte River Power Authority. Attachments: Agreement Regarding Exercise of Rights of First Refusal to Acquire Windy Gap Water Units from Platte River Power Authority. 446 1 AGREEMENT REGARDING EXERCISE OF RIGHTS OF FIRST REFUSAL TO ACQUIRE WINDY GAP WATER UNITS FROM PLATTE RIVER POWER AUTHORITY WHEREAS, the City of Fort Collins, the City of Loveland and the Town of Estes Park (each a “Municipality” and collectively the “Municipalities”) participated in a project developed by the Municipal Subdistrict of the Northern Colorado Water Conservancy District (“Subdistrict”) to divert and store water from the Western Slope known as the “Windy Gap Project;” and WHEREAS, in connection with their participation in the Windy Gap Project, each of the Municipalities received a preferential right to contract with the Subdistrict for a certain fraction of the waters developed by the Subdistrict; and WHEREAS, the waters developed by the Subdistrict were ultimately represented by contractual allotments of units of water from the Windy Gap Project (“Windy Gap Water Units”), with each unit representing approximately 1/480th of the anticipated yield of the Windy Gap Project, or approximately 100 acre-feet of water; and WHEREAS, in July 1974, the Municipalities assigned their preferential rights to contract with the Subdistrict for the equivalent of 160 Windy Gap Water Units to the Platte River Power Authority (“Platte River”), being the equivalent of 80 units from Fort Collins, and 40 units from Loveland and 40 units from Estes Park, with copies of said assignments being attached hereto as Exhibits A, B, and C; and WHEREAS, each of the Municipalities’ assignments of the Windy Gap Water Units to Platte River reserved a right of first refusal to the Municipalities, stating: [I]f Platte River shall ever offer the right to the use of any of such waters, through development of reuse potential, transfer, lease or sale of any portion of the allotment, or otherwise, to any other person or entity, it shall first offer the use thereof, to the Municipality on substantially similar terms and conditions as those at which such right of use is offered to such other person or entity. The assignments, however, provided no further guidance regarding the coordination of the exercise of the Municipalities’ respective rights of first refusal; and WHEREAS, Platte River has previously sold 23 Windy Gap Water Units to various third parties, leaving Platte River with 137 Windy Gap Water Units, and the Municipalities each waived and refused their respective rights of first refusal with respect to those 23 Windy Gap Water Units; and WHEREAS, the Municipalities and Platte River wish to provide for the efficient administration and documentation of the Municipalities’ exercise or refusal of such rights with respect to any future transfer of the right to use any such Windy Gap Water Units, through development of reuse potential, 447 2 transfer, lease or sale of any portion of the allotment, or otherwise (hereinafter a “Windy Gap Transfer”); NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned parties agree as follows: 1. Term of Agreement. This Agreement shall remain in force and effect until the termination of rights described in Section 8 below has occurred. 2. Notice of Transfer. Upon reaching agreement on the material terms of a proposed Windy Gap Transfer with a third party, Platte River shall provide written notice to the Municipalities (“Notice of Transfer”). The Notice of Transfer shall state, at minimum, (a) the number of Windy Gap Water Units subject to the proposed Windy Gap Transfer and (b) the material terms of the proposed Windy Gap Transfer. Notice shall be deemed given as of the date of receipt of the Notice of Transfer by the Municipalities. The identity of the counterparty need not be disclosed in the Notice of Transfer. 3. Confidentiality of Terms of Notice of Transfer. It is agreed and understood that the unauthorized disclosure of the terms of a proposed Windy Gap Transfer may cause immediate and irreparable damage to Platte River, including but not limited to the loss of favorable transaction terms. Accordingly, the Notice of Transfer and all terms and conditions set forth therein (hereinafter referred to collectively as “Confidential Information”) shall be subject to the following terms and conditions: a. Platte River shall conspicuously mark any Notice of Transfer given to the Municipalities as “CONFIDENTIAL”. b. The Municipalities shall maintain the Confidential Information in the strictest of confidence and shall not disclose such terms and conditions to any third party without the express, written consent of Platte River, subject to Paragraph 3.f. For the purposes of this paragraph, “third party” does not refer to a Municipality’s employees, agents, consultants, contractors, and elected or appointed officials. c. The obligations of confidentiality and non-disclosure regarding the Confidential Information set forth herein shall be binding upon the Municipalities and their respective employees, agents, consultants, contractors, and elected or appointed officials, subject to Paragraph 3.f. d. Each Municipality shall take such steps as are reasonably necessary to limit the disclosure of the Confidential Information to a Municipality’s employees, agents, consultants, contractors, and elected or appointed officials, with a need to know such information in order to assist the Municipality in evaluating whether to exercise its right of first refusal, subject to Paragraph 3.f. e. Each Municipality shall inform any person to whom it discloses the Confidential Information of the confidentiality obligations of this Agreement and, with respect to persons who are not a Municipality’s employees or elected or appointed officials, shall 448 3 secure the written agreement of that person to maintain the confidentiality of such Confidential Information. f. Nothing herein shall affect the obligations of a Municipality to either make disclosures or preserve the confidentiality of the Notice of Transfer to the extent required by law or court order, including, but not limited to, requirements under the Colorado Open Records Act, CRS §24-72-201 et seq., and other Colorado and federal statutes, court rules, and administrative rules and regulations. If a Municipality receives a request to produce or disclose the Confidential Information, whether pursuant to the Colorado Open Records Act, C.R.S. §24-72-201, et seq., through a subpoena or other lawful process, or otherwise, the Municipality shall (a) notify Platte River of the request as soon as practicable and (b) take such steps, to the extent permitted by law, as may reasonably be required to enforce this covenant of confidentiality against such disclosure, unless Platte River consents to the disclosure in writing. g. The terms and conditions regarding the preservation of the confidentiality of the Confidential Information shall continue for a period of one year from the date of receipt of the Notice of Transfer by the Municipalities. Platte River may waive the requirements of subparagraphs a through g of this Section 3 upon written notice to the Municipalities. 4. Exercise or Waiver of Right. Each Municipality shall have sixty three (63) calendar days from receipt of the Notice of Transfer to provide Platte River notice of its intent to exercise or waive its right of first refusal. The right of first refusal must be exercised with respect to the entire amount of Windy Gap Water Units included in the particular proposed Windy Gap Transfer, and may not be exercised with respect to a portion of the Windy Gap Water Units included in the particular proposed Windy Gap Transfer. By providing written notice of its intent to exercise right of first refusal with respect to any proposed Windy Gap Transfer (a “Notice to Exercise”), a Municipality agrees to be bound to the terms and conditions set forth in the Notice of Transfer. Platte River and the Municipality shall thereafter enter into a written agreement incorporating the material terms of the Notice of Transfer within sixty three (63) days after the Municipality delivers its written Notice to Exercise to Platte River. If Platte River does not receive a Municipality’s Notice to Exercise or a written waiver of the right of first refusal within sixty three (63) days of the Notice of Transfer, the Municipality shall be deemed to have waived and refused its right of first refusal with respect to that proposed Windy Gap Transfer. 5. Concurrent Pro-Rata Rights/Joint Exercise. The Municipalities’ rights of first refusal with respect to any proposed Windy Gap Transfer shall run concurrently. If more than one Municipality delivers a Notice to Exercise to Platte River within the sixty three (63) day period described in Section 4, the Municipalities may exercise their rights of first refusal jointly. Platte River shall immediately notify each Municipality in writing that more than one Notice to Exercise has been received, and the Municipalities that have delivered the Notice to Exercise shall have seventy-seven (77) days after such notice to negotiate an agreement among themselves and Platte River to acquire jointly the rights subject to the proposed Windy Gap Transfer from Platte River and to deliver such joint agreement to Platte River. The 449 4 Municipalities agree that, in such negotiations, the Municipalities shall recognize their respective pro rata rights of first refusal. The Municipalities may agree to divide the rights subject to the proposed Windy Gap Transfer, as well as the consideration to be paid to Platte River for such rights, as among themselves. The material terms of any such joint agreement, including the consideration to be paid to Platte River, shall be substantially the same as set forth in the Notice of Transfer. 6. Limit on Number of Units Subject to Right. No Municipality shall have the right to acquire from Platte River, through the exercise of its rights of first refusal, more Windy Gap Water Units than the equivalent number of Windy Gap Water Units that such Municipality originally assigned to Platte River: i.e. City of Fort Collins (80), City of Loveland (40), and Town of Estes Park (40). If a Municipality exercises its right of first refusal with respect to any Windy Gap Water Units subject to a Windy Gap Transfer, its right of first refusal shall be reduced by the number of Windy Gap Water Units acquired thereby. If two or more Municipalities jointly exercise a right of first refusal with respect to any Windy Gap Transfer, those Municipalities shall agree in writing and notify Platte River as to how the Windy Gap Water Units will be apportioned among them and their respective rights of first refusal shall be reduced by the number of Windy Gap Water Units so apportioned. Notwithstanding the foregoing, a Municipality may increase the number of Windy Gap Water Units subject to its right of first refusal by acquiring the rights of first refusal held by any other Municipality. Platte River shall maintain a record of the number of Windy Gap Water Units subject to each Municipality’s right of first refusal and the number of Windy Gap Water Units acquired through each Municipality’s exercise of its right of first refusal. 7. Effect of Waiver of Right of First Refusal on Future Windy Gap Transfer. If a Municipality waives or refuses its right of first refusal to any Windy Gap Transfer, it shall continue to have the right to exercise its right of first refusal as to any future Windy Gap Transfer up to the full number of units remaining subject to such Municipality’s right of first refusal. 8. Termination of Rights. A Municipality’s right of first refusal to acquire Windy Gap Water Units from Platte River shall terminate if a Municipality acquires, through the right of first refusal, a number of Windy Gap Water Units equal to the equivalent number of units it originally assigned to Platte River or, if it has obtained additional rights of first refusal as described in Section 6 above, the sum total of all such units attributable to those originally assigned and later acquired. 9. Sales to a Municipality. Platte River shall not offer for sale any Windy Gap Water Units to any Municipality without offering a like number of units to the other Municipalities. In any such sales, the Municipalities shall not have the right to exercise their rights of first refusal addressed in this Agreement against another Municipality, provided however, that the number of Windy Gap Water Units that a Municipality acquires shall count against that Municipality’s limit under Paragraph 6 of this Agreement. 10. Right Inapplicable to Subsequently Acquired Units. A Municipality’s right of first refusal shall not extend to any Windy Gap Water Units that may be acquired by Platte River separate and apart from the units attributable to those initially assigned to Platte River by the Municipalities. 450 5 11. Notices. Any notice required to be given under this Agreement shall be made in writing and delivered via email or overnight delivery to the following: a. If to Fort Collins: City Manager and Utilities Executive Director City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 With a copy to City Attorney’s Office b. If to Loveland: Director. Department of Water and Power City of Loveland 200 N. Wilson Ave. Loveland, CO 80537 With a copy to: City Attorney City of Loveland 500 E. 3rd St., Suite 330 Loveland, CO 80537 c. If to Estes Park: Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 d. If to Platte River: General Manager Platte River Power Authority 2000 East Horsetooth Road Fort Collins, CO 80525 (With a copy to the General Counsel at the same address) 12. Entire Agreement. This Agreement represents the entire agreement among the parties concerning the subject matter herein, and shall supersede and replace any prior negotiations, understandings or agreements concerning such subject matter. 13. Amendments. This Agreement may not be altered or amended except by a writing duly executed by an authorized agent of the party to be charged with performance. 14. Counterparts. This Agreement may be executed in counterparts, all of which together shall be considered a single agreement. 451 6 DATED this ____ day of ________________, 2017. THE CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation By: _____________________________________ Darin A. Atteberry, City Manager ATTEST: _______________________________ City Clerk’s Office APPROVED AS TO FORM: ________________________________ Assistant City Attorney 452 7 DATED this ____ day of ________________, 2017. CITY OF LOVELAND By:________________________________ Mayor Attest: ________________________________ 453 8 DATED this ____ day of ________________, 2017. TOWN OF ESTES PARK By:________________________________ Mayor Attest: ________________________________ 454 9 DATED this ____ day of ________________, 2017. PLATTE RIVER POWER AUTHORITY By:________________________________ Chief Executive Officer Attest: ________________________________ 455       456 ENGINEERING Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Kelly Stallworth, EI, Public Works Civil Engineer Greg Muhonen, PE, Public Works Director Date: December 12, 2017 RE: Design Consultant Selection – Brodie Avenue Improvements Objective: The Public Works Department seeks approval of a professional services contract for the design bid document preparation for the Brodie Avenue improvements to be built in 2018. Present Situation: Currently, pedestrian paths exist along Community Drive and along Fish Creek Road. However, no such path exists connecting these two. This creates potential safety hazards for pedestrian and bike traffic, specifically school children attempting to access the elementary and middle schools from either of these paths. Cars parked along Brodie Avenue in the mornings and afternoons for drop off/pick-up encroach on the only roadside walking space available. School Zone Improvements are included in the Estes Valley Master Trails Plan, receiving a priority rank of 6 in the ‘Short Term Opportunities’ section. Of the five trails ranked ahead, three are the responsibility of other governmental agencies. The other two are Fall River Trail and Fall River Trail Improvements which are currently in planning. The Public Works Department has submitted a grant funding application for the construction of these improvements through the Colorado Safe Routes to School (CSRTS) program. If we are not awarded this grant, the 1A Trail Expansion Funds will be utilized to fund this trail connection work. The Pavement Condition Index (PCI) of Brodie Avenue is also one of the lower ranked in the Town of Estes Park System. Alligator cracking, depressions, bumps and other distress have necessitated frequent use of the Town spray patcher to temporarily mitigate issues. Additionally, this project presents an opportunity to better control stormwater entering and exiting the Town’s right-of-way and potentially mitigate some runoff issues impacting the school district’s property. Recent flooding of school property is an example. 457 Proposal: In early November Public Works advertised a Request for Proposal that focused on the following design areas: • Evaluate the current asphalt condition and determine whether full replacement is required or if asphalt maintenance repair methods may be adequate. • Evaluate the on-street parking and traffic patterns. • Design a10 foot wide multi-purpose concrete trail along Brodie Avenue, connecting Fish Creek Trail and Community Drive Trail. • Design needed drainage Improvements. Seven firms responded to the Request for Proposal. Pavement Manager Kelly Stallworth and Engineering Manager David Hook rated each of these 7 firms to select the most qualified. Proposals were rated on 5 categories: 1. Client References and Previous Experience; 2. Adequacy of Proposal to meet Project Scope; 3. Qualification of Staff Proposed; 4. Availability of Staff and Schedule; 5. Fee and Hours. The following chart contains the ratings for each of the firms: Firm Name City Ranking Fee Drexel, Barrell & Co. Boulder 1 $63,400 Tait and Associates, Inc Loveland 2 $98,600 JUB Engineers Fort Collins 3 $102,720 AVI Professional Corporation Fort Collins 4 $64,327 Farnsworth Group Fort Collins 5 $124,088 JR Engineering Fort Collins 6 $169,552 Cornerstone Engineering & Surveying Estes Park 7 $69,975 After the ratings were complete, Drexel, Barrell & Co. out of Boulder was the highest ranked firm. In their proposal, Drexel, Barrell & Co. demonstrated a thorough knowledge of the design issues in the project area and offered a detailed approach to improve the roadway and extend a trail along the North side of Brodie Avenue. They also displayed a thorough understanding of the drainage needs. The firm has been a part of multiple successful CSRTS grants. Their project experience includes several successful roadway and pedestrian walkway designs in the region. They are familiar with the area having designed the roads, grading, water, sewer, storage, and pumping facilities for the Eagle Rock School on Notaiah Road (for American Honda). They were also part of a Design Build Team that replaced two US 34 / Big Thompson Bridges near Drake. Their fee of $63,400 was also highly competitive. A project design budget not to exceed $70,000 has been determined. This includes a 9% contingency if needed to address unexpected, unknown conditions that may be encountered as the design effort progresses. 458 Once design is complete, bidding documents will be provided by Drexel, Barrell & Co. and a complete construction schedule and cost estimate will be delivered. The schedule delivered in the RFP is to have construction underway by May 2018. Action Recommended by Staff: To advance this Brodie Avenue Improvement Project and meet goals for construction this summer, Staff recommends award of a design services contract to Drexel, Barrell & Co. Budget: This project will be funded from the Street Improvement Fund. The $70,000 design budget and contingency will come out of the Professional Engineering Fees line item within that fund (206-2000-420.22-02). Level of Public Interest: Public Interest on this project is expected to be high. This project will impact the School District, make a trail connection from our trails Master Plan, repair a poor road, and improve safety of pedestrians. Sample Motion: I move for approval/denial to award the professional services contract for design of Brodie Avenue Improvements to Drexel, Barrell & Co. for a cost not to exceed $70,000. Attachments: Contract 459 PROFESSIONAL SERVICES CONTRACT This Contract is entered into this _th___ day of _December_, 2017, by and between the _Town of Estes Park, Colorado___ (“Town”) and _Drexel, Barrell &Co. (“Consultant”). Whereas, the parties desire to contract with one another to complete the following project: Brodie Avenue Improvements . Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Services. a. The Consultant shall perform the services set forth in Exhibit A (the Proposal submitted by the consultant), attached hereto and incorporated herein by reference (“Services”). The Town reserves the right to remove any of the Services from Exhibit A upon written notice to Contractor. In the event of any conflict between this Contract and Exhibit A, the provisions of this Contract shall prevail. b. No material change to the Services, including any additional compensation, shall be effective or paid unless authorized by written amendment to this Contract executed by the Town. If Consultant proceeds without such written authorization, then Consultant shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. 2. Price. The Town shall pay the Consultant a sum not to exceed $63,400_. The Town shall make payment within thirty days of receipt and approval of monthly invoices, which shall identify the specific Services performed for which payment is requested. 3. Term. This Contract shall be effective from _December 18, 2017, _ through December 31, 2018 . This Contract may be extended or renewed by written agreement of the parties. 4. Appropriation. To the extent this Contract constitutes a multiple fiscal year debt or financial obligation of the Town, it shall be subject to annual appropriation pursuant to the Town’s annual budgeting process and Article X, Section 20 of the Colorado Constitution. The Town shall have no obligation to continue this Contract in any fiscal year in which no such appropriation is made. 5. Independent Contractor. The parties agree that the Consultant is an independent Contractor and is not an employee of the Town. The Consultant is not entitled to workers’ compensation benefits from the Town and is obligated to pay federal and state income tax on any money earned pursuant to this Contract. 460 6. Insurance Requirements. a. Policies. The Consultant and its subconsultants, if any, shall procure and keep in force during the duration of this Contract the following insurance policies and shall provide the Town with a certificate of insurance evidencing upon execution of this Contract: i. Comprehensive general liability insurance insuring the Consultant and naming the Town as an additional insured with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. ii. Comprehensive automobile liability insurance insuring the Consultant and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by the Consultant which are used in connection with this Contract, whether the motor vehicles are owned, non-owned, or hired, with a combined single limit of at least $1,000,000. iii. Professional liability insurance insuring the Consultant against any professional liability with a limit of at least $1,000,000 per claim and annual aggregate. (Note: this policy shall only be required if the Consultant is an architect, engineer, surveyor, appraiser, physician, attorney, accountant, or other licensed professional.) iv. Workers’ compensation insurance and all other insurance required by any applicable law. (Note: if under Colorado law the Consultant is not required to carry workers’ compensation insurance, the Consultant shall execute a Certificate of Exemption and Waiver, attached hereto as Exhibit B and incorporated herein by reference.) b. Requirements. Required insurance policies shall be with companies qualified to do business in Colorado with a general policyholder’s financial rating acceptable to the Town. Said policies shall not be cancelable or subject to reduction in coverage limits or other modification except after thirty days prior written notice to the Town. The Consultant shall identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal the Consultant changes to “occurrence,” the Consultant shall carry a six-month tail. Comprehensive 461 general and automobile policies shall be for the mutual and joint benefit and protection of the Consultant and the Town. Such policies shall provide that the Town, although named as an additional insured, shall nevertheless be entitled to recover under said policies for any loss occasioned to it, its officers, employees, and agents by reason of negligence of the Contractor, its officers, employees, agents, subconsultants, or business invitees. Such policies shall be written as primary policies not contributing to and not in excess of coverage the Town may carry. 7. Indemnification. The Consultant agrees to indemnify and hold harmless the Town, its officers, employees, and agents from and against all liability, claims, and demands on account of any injury, loss, or damage, including court costs and attorneys’ fees, arising out of or connected with the Services, if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the negligent act, omission, or other fault of the Consultant or any subconsultant of the Consultant, or any officer, employee, or agent of the Consultant or any subconsultant, or any other person for whom the Consultant is responsible. The Consultant’s indemnification obligation shall not be construed to extend to any injury, loss, or damage to the extent caused by the act, omission, or other fault of the Town. This paragraph shall survive the termination or expiration of this Contract. 8. Professional Responsibility. a. Consultant hereby warrants that it is qualified to perform the Services, holds all professional licenses required by law to perform the Services, and has all requisite corporate authority to enter into this Contract. b. The Services shall be performed by Consultant in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms performing the same or similar type of work in the Denver metro area. The Services shall be done in compliance with applicable federal, state, and local laws, ordinances, rules and regulations. c. Consultant shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all designs, drawings, specifications, reports, and other services furnished by Consultant under this Agreement. Consultant shall, without additional compensation, correct or resolve any errors or deficiencies in its designs, drawings, specifications, reports, and other services, which fall below the standard of professional practice, and reimburse the Town for costs caused by errors and omissions which fall below the standard of professional practice. d. Approval by the Town of drawings, designs, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve Consultant of responsibility for technical adequacy of its services. Neither the Town's review, approval, or acceptance of, nor payment for, any of the 462 Consultant’s services shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract. e. Consultant hereby agrees that Consultant, including but not limited to, any employee, principal, shareholder, or affiliate of Consultant shall not have a financial relationship with or an ownership interest in any person and/or entity which entity and/or person shall be the recipient of any contract or work for the services provided by Consultant pursuant to the terms and conditions of this Contract. Consultant understands and agrees that the purpose of this provision is to prevent any information created as a result of Consultant’s services herein being used by any person and/or entity in the preparation of any bid or performance of any work for the Town. f. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ subcontractors to perform more than twenty percent (20 %) of the work required under the Scope of Services. Upon execution of this Contract, Consultant shall furnish to the Town a list of proposed subcontractors, and Consultant shall not employ a subcontractor to whose employment the Town reasonably objects. All contracts between Consultant and subcontractors shall conform to this Contract including, but not limited to, Section 10. 9. Governmental Immunity Act. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 10. Compliance with Applicable Laws. a. Generally. The Consultant shall comply with all applicable federal, state, and local laws, including the ordinances, resolutions, rules, and regulations of the Town. The Consultant shall solely be responsible for payment of all applicable taxes and for obtaining and keeping in force all applicable permits and approvals. b. C.R.S. Article 17.5, Title 8. The Consultant hereby certifies that, as of the date of this Contract, it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Consultant will participate in the e-verify program or Colorado Department of Labor and Employment (“Department”) program as defined in C.R.S. § 8-17.5-101 in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. The Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or 463 contract with an illegal alien to perform work under this Contract. The Consultant certifies that it has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the e-verify program or the Department program. The Consultant is prohibited from using either the e- verify program or the Department program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. If the Consultant obtains actual knowledge that a subconsultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (i) notify the subconsultant and Town within three days that Consultant has actual knowledge that the subconsultant is employing or contracting with an illegal alien; and (ii) terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this subparagraph the subconsultant does not stop employing or contracting with the illegal alien; except that Consultant shall not terminate the contract with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with an illegal alien. The Consultant shall comply with any reasonable request by the Department made in the course of an investigation that it is undertaking pursuant to the authority established in C.R.S. Article 17.5, Title 8. If the Consultant violates this paragraph, the Town may terminate this Contract for default in accordance with “Termination,” below. If this Contract is so terminated, the Consultant shall be liable for actual and consequential damages to the Town. (Note: this paragraph shall not apply to contracts: (i) for Services involving the delivery of a specific end product (other than reports that are merely incidental to the performance of said work); or (ii) for information technology services and/or products.) 11. Termination. a. a. Without Cause. Either party may terminate this Contract without cause upon thirty days prior written notice to the other. The Town shall be liable to pay the Consultant for Services performed as of the effective date of termination, but shall not be liable to the Consultant for anticipated profits. b. For Default. Each and every term and condition hereof shall be deemed to be a material element of this Contract. In the event either party fails to perform according to the terms of this Contract, such party may be declared in default. If the defaulting party does not cure said breach within ten days of written notice thereof, the non-defaulting party may terminate this Contract immediately upon written notice of termination to the other. In the event of termination of this Contract pursuant to this Section, the non-defaulting party shall be entitled to recover all damages caused by said default. In the event that Consultant is in default, the Town may withhold payment to the Consultant for the purposes of setoff until such time as the amount of damages is determined. 464 12. Notices. Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed, or three days after being sent by certified mail, return receipt requested: To the Town: To the Consultant: Kelly Stallworth, EI Contact:____________________________ Town of Estes Park Company:___________________________ 170 MacGregor Avenue Address:____________________________ Estes Park, CO 80517 ___________________________________ Email: kstallworth@estes.org Email:______________________________ 13. Special Provisions. The Contract work shall be completed according to the schedule delivered in Section 2.0 Schedule of Activities of the “Request for Proposal Consulting Services Dry Gulch Roadway Improvements” unless otherwise modified in writing with a subsequent Amendment to this Contract. 14. Time of the Essence. Time is of the essence in performance of the Services and is a significant and material term of this Contract. 15. Entire Agreement. This Contract contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. In the event a court of competent jurisdiction holds any provision of this Contract invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Contract. 16. Assignment. The Consultant shall not assign this Contract without the Town’s prior written consent. 17. Governing Law. This Contract shall be governed by the laws of the State of Colorado, and venue shall be in the County of Larimer, State of Colorado. 18. Instruments of Service. Drawings, models, specifications, research, reports, studies, data, photographs and other documents, including those in electronic form, prepared by Consultant and its subconsultants in the performance of obligations under this Contract are Instruments of Service for use solely with respect to the project identified in this Contract. Consultant and its subconsultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights; except that, upon execution of this Contract, the Consultant grants to the Town a 465 non-exclusive, perpetual, fully-paid, non-revocable license to reproduce and use the Consultant's Instruments of Service solely in connection with the above-referenced project, including the project's further development by the Town and others retained by the Town for such purposes. The Consultant shall obtain similar licenses from its subconsultants consistent with this Contract. Consultant shall, during the term of this Contract provide the Town with copies of all Instruments of Service prepared by Consultant or its subconsultants contemporaneous with such preparation, and shall provide them in electronic format or any other format requested by the Town. 19. Attorney’s Fees and Costs. In the event it becomes necessary for either party to bring any action to enforce any provision of this Contract or to recover any damages from the other party as a result of the breach of this Contract, including, but not limited to, defective work, and the party that prevails in such litigation, the other party shall pay the prevailing party its reasonable attorney’s fees and costs as determined by the court. 20. Electronic Signature. This Contract may be executed by electronic signature in accordance with C.R.S. § 24-71.3-101 et seq. 466 Signed by the parties on the date written above. Town of Estes Park, Colorado By: ____________________________________ Title: ____________________________________ ATTEST: ________________________ Town Clerk Consultant By: ____________________________________ Title: ____________________________________ STATE OF ________________ ) ) ss. COUNTY OF ________________ ) The foregoing instrument was acknowledged before me this ___ day of ___________________, 20 by __________________________________________________. (Insert name of individual signing on behalf of the Consultant) ___________________________ Notary’s official signature S E A L ___________________________ 467       468 Ordinance #35-17 Town Board Compensation TOWN CLERK Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: December 12, 2017 RE: Ordinance #35-17 Town Board Compensation Objective: Review the Town Board compensation and determine if Board compensation should be adjusted prior to the upcoming Municipal Election on April 3, 2018 with the adoption of Ordinance #35-17. Present Situation: Staff completed a review and compiled data for Board compensation utilizing the same comparison communities used in 2012, 2014 and 2016 and presented the information to the Town Board during the November 14, 2017 study session. The 2017 findings show the average salary for the Mayor has increased to $11,200 a year. The average salaries for the Mayor Pro Tem and Trustees has increased to $7,250 and $7,542 respectively. Estes Park ranks towards the bottom of the scale on how the Mayor is compensated in relation to its peer cities. During this meeting the Board stated the same communities used to complete the market study annually for Town employees should be used to review the compensation for the Board. The Board also expressed the need to consider increasing the compensation to attract other segments of the population, such as younger working individuals. Proposal: Attached for the Board’s review is the updated data staff was able to obtain for the market study comparison cities. The datasheets provide data on compensation for the Mayor, Mayor Pro Tem and Trustee positions, annual operating budget and population for each community. In reviewing the data, staff determined the midpoint for each position as follows: Mayor - $11,000, Mayor Pro Tem $7,000 and Trustee $7,200. The Mayor Pro Tem and Trustee compensation are similar because most communities do not differentiate the positions. If the goal is to compensate the Board in the same manner as employees, 50% of the compensation market would be used to establish the Board’s compensation. Staff would recommend the Board consider $11,000 for Mayor, $9,000 for Mayor Pro Tem and $8,000 for Trustees. 469 Ordinance #35-17 Town Board Compensation Staff also reviewed a subset of the information to compare the Board’s compensation to communities with similar population. The cities reviewed included Town of Dacono, Town of Vail, and Town of Avon. Dacono was eliminated because the compensation was less than $1,000. In comparison, both Vail and Avon, which are tourist/ski towns and have a higher cost of living, both provide a salary of $12,000 for Mayor, an average of $8,250 for Mayor Pro Tem and $6,750 for Trustee. A final review was completed on communities that have similar operating budgets as the Town. The cities included Town of Erie, City of Steamboat Springs, Town of Windsor and the City of Lafayette. With these communities the average population tended to be 20,000 plus. This would be similar to the population of Estes Park during the busier times of the year. The average salaries are as follows: $9,100 for Mayor, $7,000 for Mayor Pro Tem and $5,500 for Trustee. After full review of the information gathered, staff has prepared an Ordinance for the Board’s consideration utilizing the midpoint from all the communities. This would be in keeping with how the Town staff is compensated. The Board may wish to revise the Ordinance during the meeting, therefore, all the data has been provided for the Board’s review. Advantages: • Board salaries would be within the mid-range of other municipalities the Town uses to evaluate staff compensation. • An increase would provide additional compensation for those seeking office. Disadvantages: • Board salaries would fall behind the average pay range for municipalities. Action Recommended: To approve Ordinance #35-17 and increase the compensation for Mayor to $11,000, Mayor Pro Tem to $9,000 and Trustee to $8,000. Finance/Resource Impact: An increase in compensation would require an update to the Legislative personnel line item. As this would only impact the newly elected Trustees and newly appointed Mayor Pro Tem in 2018, the budget impact would not be significant, i.e. approximately $7,800. Level of Public Interest: Low. Sample Motion I move to approve/deny Ordinance #35-17. Attachment Ordinance #35-17 Comparison Compensation Chart 470     ORDINANCE NO. 35-17 AN ORDINANCE AMENDING SECTION 2.20.010 OF THE MUNICIPAL CODE COMPENSATION OF MAYOR, MAYOR PRO TEM, AND TRUSTEES WHEREAS, pursuant to the provisions of Section 31-4-301 (4) C.R.S. the Mayor and members of the Board of Trustees shall receive such compensation as fixed by ordinance; and WHEREAS, Section 2.20.010 of the Municipal Code provides for compensation of the Mayor, the Mayor Pro Tem, and each Trustee; and WHEREAS, the Board of Trustees is determined that it is necessary to amend Section 2.20.010 of the Municipal Code to increase the compensation for the Mayor, the Mayor Pro Tem, and each Trustee. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. Section 2.20.010 of the Municipal Code shall be amended to read as follows: 1) The Mayor shall receive as compensation for his or her services the sum of eleven thousand dollars ($11,000.00) per year during each year of his or her term, payable in equal monthly payments. 2) The Mayor Pro Tem shall receive as compensation for his or her services the sum of nine thousand dollars ($9,000.00) per year during each year of his or her term, payable in equal monthly payments. 3) Each Town Trustee shall receive as compensation for his or her services the sum of eight thousand dollars ($8,000.00) per year during each year of his or her term, payable in equal monthly payments. 2. This Ordinance shall take effect and be in force 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 _____________________________ 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 Board Compensation Using Employee Compensation Municipalities City Mayor Mayor ProTem Trustee Annual Budget Population City of Aspen $29.06/hr $21.25/hr 66,000,000 6,871 Town of Avon $12,000/year $9,000/year $6,000/year 33,400,000 6,525 City of Black Hawk $11,200.44/year $11,200.44/year 31,000,000 127 Town of Breckenridge $14,400/year $9,600/year $9,600/year 84,000,000 4,896 City of Broomfield $9,600/year $7,200/year $7,200/year 103,600,000 65,065 City of Boulder $10,762/year $10,762/year 321,800,000 108,090 Boulder County 319,372 City of Brighton $16,800/year $14,400/year $12,000year 22,000,000 38,314 City of Central City $8,410.32/year $5,607.36/year 6,700,000 733 Town of Cripple Creek $7,477.92/year $7,079.28/year $7,345.08/year 12,500,000 1,175 Town of Dacono $900/year $600/year 8,200,000 5,090 Town of Dillon $10,800/year $4,800/year $4,800/year 17,800,000 961 City of Durango $9,000/year $6,000/year $6,000/year 74,000,000 18,503 Town of Erie $6,000/year $3600/year 51,100,000 22,803 Town of Estes Park $7,500/year $6,500/year $5,500/year 50,000,000 6,362 City of Evans $5,100/year $3,600/year $3,600/year 13,000,000 21,615 Town of Firestone $3,600/year $3,000/year $3,000/year 10,000,000 12,917 Town of Frederick $3,600/year $1,800/year $1,800/year 25,800,000 12,154 Town of Frisco $11,400/year $6,000/year $6,000/year 21,000,000 3,084 City of Fort Collins $14,424/year $9,480/year 619,400,000 164,207 City of Glenwood Springs $14,400/year $12,000/year $12,000/year 80,000,000 9,997 City of Greeley $14,393/year $9,600/year 306,700,000 103,990 Town of Johnstown 20,200,000 15,389 City of Lafayette $10,890/year $8,415/year $7,920/year 57,300,000 28,261 City of Longmont $18,000/year $12,000/year 282,000,000 92,858 City of Louisville $6,000/year $3,000/year $3,000/year 71,300,000 20,801 City of Loveland $12,000/year $9,600/year $7,200/year 618,700,000 76,897 Town of Lyons 33,000,000 2,148 Town of Mead 6,900,000 4,553 Town of Palisade $3,600/year $2,400/year $2,400/year 3,300,000 2,644 Town of Platteville $2,400/year $960/year $960/year 6,200,000 2,722 Town of Silverthorne $9,000/year $3,600/year 39,200,000 630 Town of Snowmass Village $20,400/year $12,000/year 32,700,000 2,900 City of Steamboat Springs $13,460/year $11,795/year $10,250/year 56,000,000 12,690 Town of Superior $4,800/year $1,200/year 42,000,000 13,155 Town of Telluride $18,000/year $9,600/year $9,600/year 41,600,000 2,444 Town of Vail $12,000/year $7,500/year $7,500/year 73,400,000 5,483 City of Westminster $17,136/year $14,688/year $12,240/year 230,000,000 113,875 Town of Windsor $6,000/year $4,000/year 57,000,000 22,776 Town of Winter Park $9,600/year $4,800/year $4,800/year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3RSXODWLRQ&RPSDULVRQV3RSXODWLRQ7RWDO2SHUDWLQJ%XGJHWLQ0LOOLRQV0D\RU0D\RU3UR7HP 7UXVWHH7RZQRI'DFRQR  \HDU\HDU7RZQRI9DLO  \HDU \HDU \HDU7RZQRI(VWHV3DUN \HDU \HDU \HDU7RZQRI$YRQ  \HDU \HDU \HDU%XGJHW&RPSDULVRQV7RWDO2SHUDWLQJ%XGJHWLQ0LOOLRQV3RSXODWLRQ7RZQRI(VWHV3DUN  \HDU \HDU \HDU7RZQRI(ULH  \HDU \HDU&LW\RI6WHDPERDW6SULQJV  \HDU \HDU \HDU7RZQRI:LQGVRU  \HDU\HDU&LW\RI/DID\HWWH  \HDU \HDU \HDU477       478 TOWN CLERK Memo To: Honorable Mayor Jirsa Board of Trustees Through: Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: December 12, 2017 RE: Resolution # 33-17 – Officially Scheduling Regular Municipal Election – April 3, 2018 Objective: To officially set the next regular Municipal Election on April 3, 2018 per State Statute, determine election method (poll vs. mail ballot) and identify the Town Clerk as the Designated Election Official. Present Situation: The Municipal Election Code provides that all regular elections in statutory towns shall be held on the first Tuesday of April in each even-numbered year. As a statutory town, Estes Park must comply with the statues outlined in Title 31 Article 10. In the past few elections the Town has held mail ballot elections due the number of permanent mail ballot voters and the higher turnout experienced (20-30% for poll vs 50- 60% for mail). Proposal: The Resolution would set the election for April 3, 2018 as a mail ballot election and designate the Town Clerk as the Designated Election Official for the Town of Estes Park, thereby giving authority to complete all aspects of the Municipal Election, including the appointment of election judges. Electronic equipment would be rented from Dominion Voting to count the ballots. Dominion would also be used to set up the ballot layout for the printer. Advantages: Provides the Town Clerk the authority to perform all aspects of the election. Disadvantages: None. Action Recommended: Approval of Resolution #33-17 setting the regular Municipal Election for April 3, 2018. 479 Resolution # 33-17 – Officially Scheduling Regular Municipal Election – April 3, 2017 Finance/Resource Impact: The cost is estimated at $15,000 in fixed costs budgeted for the election in the Administrative Services fund. This does not include staff time. Level of Public Interest: Low. Sample Motion: I move to approve/deny Resolution #33-17. Attachments: Resolution #33-17 480 RESOLUTION NO. 33-17 A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF ESTES PARK, COLORADO, DIRECTING THE TOWN CLERK TO CONDUCT THE REGULAR MUNICIPAL ELECTION, SCHEDULED FOR APRIL 3, 2018, AS A MAIL BALLOT ELECTION AND AUTHORIZING THE TOWN CLERK TO APPOINT ELECTION JUDGES WHEREAS, by the Statutes of the State of Colorado, the 3rd day of April, 2018 is fixed as the time for a regular municipal election to elect three Trustees. WHEREAS, it is the duty of the Board of Trustees to provide for the holding of such an election; and WHEREAS, it is the decision of the Town Board by the adoption of this Resolution to hold the Regular Municipal election of April 3, 2018 by mail ballot pursuant to the provisions of Section 31-10-907 – 31-10-913 C.R.S.; and WHEREAS, Section 31-10-401, C.R.S., 1973, allows the Board of Trustees to delegate to the Town Clerk, by Resolution, the authority and responsibility to appoint the Judges of Election. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1.That pursuant to the provisions of Sections 31-10-907 – 31-10-913 C.R.S. the Municipal Election of April 3, 2018 shall be a mail ballot election. 2. That Jackie Williamson, Town Clerk be and is hereby appointed as the Designated Election Official for the Town of Estes Park for the conduct of this mail ballot election. 481 3. There shall be one (1) precinct for this mail ballot election. The mail ballot location for said precinct shall be the Estes Park Town Hall, 170 MacGregor Avenue, Estes Park, Colorado 80517. 4. To be eligible to vote in this regular mail ballot election, a person must be at least eighteen (18) years of age, a resident of the town, and has resided in the State of Colorado for twenty-two (22) days immediately preceding the election pursuant to C.R.S. §31-10-201(b). 5. Pursuant to C.R.S. §31-10-401, the Designated Election Official is hereby delegated the authority and responsibility to appoint judges of the election at least fifteen (15) days before the Election Day. 6. The Judges of Election shall receive for their services the sum of $10 per hour. 7. The Designated Election Official shall establish the form of the regular mail election ballot. DATED this day of 2017. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 482 12/12/2017 1 Raven Rock Development Plan Appeal of EVPC decision of DP‐2017‐07 on November 14, 2017 Town Board Meeting December 12, 2017 1 Process •July 19, 2017 – submitted application for Development Plan and preliminary plat •September 19, 2017  ‐ Estes Valley Planning Commission; Staff recommendation for  approval; resulted in a continuance to further address drainage concerns •October 17, 2017  ‐ Estes Valley Planning Commission; Staff recommendation for  approval; resulted in a continuance to have developer/Town staff/neighbor dialog to  address water drainage and compatibility with the comprehensive plan •October‐November, 2017 ‐ Attended meetings with neighbors and nearby HOA  representatives; provided further drainage details and revised the site plan to  reposition some units and remove the detention pond from the 50 ft wetland  setback. 2 12/12/2017 2 Process •November 14, 2017 – Estes Valley Planning Commission Study Session with Town  Attorney to discuss appropriate legal criteria for reviewing land use projects •November 14, 2017 – Estes Valley Planning Commission; Staff recommendation for  approval; resulted in a  3/2 vote to deny the Development Plan.  •November 15 and 30, 2017 – notice of appeal and supplemental notice of appeal  filed 3 Motion for Denial: “does not meet the Comp Plan standards”  “would set an unacceptable precedent moving forward”  Quotes from Video on Demand:  Estes Valley Planning Commission ‐ November 14, 2017 4 12/12/2017 3 Estes Valley Development Code § 12.1 ‐ APPEALS  I. Form of Appeal.Each written notice of appeal shall state specific  grounds for the appeal and cite all relevant Sections of the Estes Valley  Development Code. The Board hearing the appeal shall only consider  those matters specified in the written notice of appeal.  5 GROUNDS FOR APPEAL: The Comprehensive Plan was not intended to be  regulatory.  •The Comprehensive Plan was implemented with  the creation of the EVDC in 1999, and the EVDC  contains the regulations applicable to  development.  6 12/12/2017 4 GROUNDS FOR APPEAL: EVPC did not cite any policy, goal or objective of the  Comprehensive Plan that the Project failed to  comply with. 7 GROUNDS FOR APPEAL: Project complies with all applicable provisions of the  EVDC. •Record is replete with evidence of compliance  with the EVDC. •EVPC failed to cite EVDC provisions or evidence in  the record to support its denial. 8 12/12/2017 5 Background •Purchased land in December 1994 while living in Estes Park •B‐Business / Commercial Zoning down zoned to A –Accommodation  as part of the 2000 valley‐wide rezoning •EVDC Sec 4.4 Nonresidential Zoning Districts: A Accommodations/Highway Corridor Zoning District . This district implements the "A‐ Accommodations" land use category set forth in the Comprehensive Plan. It applies primarily in  highway‐oriented commercial areas of the Estes Valley, and allows a wide variety of  accommodation uses, including relatively higher‐intensity accommodations such as multi‐ story hotels and motels. A variety of related tourist‐serving retail and commercial uses, such as  restaurants, bars and gift shops, will be permitted, but only as accessory uses to a principal  accommodations use and only if such supporting uses are located inside the same structure as  the principal use. Stand‐alone commercial or retail uses will not be permitted in this  accommodations district; instead, such uses may be developed in the other commercial zones. 9 10 12/12/2017 6 11 Development Plan 12 12/12/2017 7 Development Plan 13 Development Plan 14 12/12/2017 8 15 16 12/12/2017 9 17 Estes Valley Development Code •1.3 - Purpose and Intent The regulations of this Code are intended to implement the 1996 Estes Valley Comprehensive Plan •3.8 D Standards for Review.The recommending and decision -making entities shall review development plan applications and all submitted plans and reports, and evaluate them according to the following standards: 1. The development plan complies with all applicable standards set forth in this Code; and 2.The development plan is consistent with the policies, goals and objectives of the Comprehensive Plan 18 12/12/2017 10 Estes Valley Development Code – Review  Criteria •Table 4‐4 “Permitted Uses: Nonresidential Zoning Districts”  Permitted by Right uses in A Accommodations include: multi‐family dwelling Hostel Hotel/Motel Resort lodge/cabins duplexes Developer proposes duplexes 19 Estes Valley Development Code – Review  Criteria •Impervious coverage: § 4.4.C allows 50% coverage; 36% coverage proposed •Density: § 4.4.C allows 50 townhomes; 38 townhomes proposed •Building height: § 4.4.C allows 30 feet; townhomes will meet height requirements  using the existing formula  •Parking: § 7.11 requires 76 spaces; 152 spaces provided  20 12/12/2017 11 Estes Valley Development Code – Review  Criteria •Landscaping:   Project provides 164 trees and 273 shrubs.  The overall project is over on required landscaping therefore the Staff   has accepted the plan. •Public Trails and Private Open Space: § 7.4 Private Open Space not required  Project provides ~2 acres out of 10 acre site will be protected and  undisturbed § 7.4 Public Trails are not planned by the Town for the east side of  Mary’s Lake Road. The Developer will provide funds for a portion of  the sidewalk leading up to the ML Lodge. 21 Estes Valley Development Code – Review  Criteria •Water: Complies with § 7.12.E Water main running through Mary's Lake Road Appropriate pressure and flow •Fire Protection: Complies with § 7.12.G Three fire hydrants provided Emergency access easement provided 22 12/12/2017 12 Estes Valley Development Code – Review  Criteria •Electric: Complies with § 7.12.I 20‐foot utility easement provided. All new electric lines for this project will be underground. •Sanitary Sewer: Complies with § 7.12.D Existing downhill from the development. Developer will repair the neighbor’s fence located in the  easement. 23 Estes Valley Development Code – Review  Criteria •Stormwater Drainage: Complies with § 7.12.F Three on‐site detention ponds Will not exceed the historic outfall quantities for a 100 year event Channel and berm provided (overdesigned with 1 foot freeboard) Detention pond 1 was relocated outside of the 50‐ft wetland  setback 24 12/12/2017 13 Preliminary Drainage Report Raven Rock Townhomes Estes Park, CO by David A. Bangs of Van Horn Engineering  and Surveying, Inc  Estes Park, CO July 19, 2017 and revised August 17, 2017. Conclusions: Detention facilities are proposed to limit discharge to the historic rate for the 100 year event for each  proposed discharge location. Grading will be provided to direct discharges into existing downstream conveyance  measures. Final design of all outlet structures will be completed with the Final Drainage Report. The eastern most  discharge location is proposed to be diverted around the new structures through a berm diverting flow into the  wetlands as has historically taken place. The central discharge location is proposed to be captured in a new storm  sewer system and diverted into the existing wetland areas. Existing flow paths and rates of discharge are not  impacted by this development. Raven Rock Townhomes Addendum to Preliminary Drainage Report by David A. Bangs of Van Horn  Engineering and Surveying, Inc Estes Park, CO October 6, 2017.  Conclusions: Provided more details of the drainage swale/berm at the northeast corner of the project.  One  foot of freeboard is provided in the berm and details of the outlet structure are provided which will provide a  controlled release of storm water at historical rates or less.  25 Estes Valley Development Code – Review  Criteria •Transportation:  Complies with § 7.12.H Access via a newly proposed Promontory Drive (will be dedicated  as a Town ROW). ROW connections are provided on the N and SE edges for              internally connected roadway systems. No additional auxiliary lanes are recommended. Additional 10‐foot public ROW to be dedicated 26 12/12/2017 14 Traffic Impact Study by Matt Delich of Delich & Associates, Loveland, CO, August 16, 2016 Conclusions: Mary’s Lake/Promotory site access intersection will operate  acceptably. No additional auxiliary lanes are recommended. 27 Estes Valley Development Code – Review  Criteria •Wetlands:  Complies with § 7.6 Two delineated wetlands identified and mapped. 50‐foot setback to all wetlands provided. 28 12/12/2017 15 Wetland Delineation by Darcy A. Tiglas Loveland, CO August 2015  and revised September 2017 Conclusions: Two Wetlands (Community A) in the southeast corner 29 Estes Valley Development Code – Review  Criteria •Wildlife:  Complies with § 7.8 ▪ No endangered, threatened, or special concern plant/wildlife  species will be adversely affected by the project. ▪ Colorado Division of Parks and Wildlife (CPW) confirmed a  wildlife conservation plan is not required. ▪ Optional courtesy CPW review provided and advisory  comments will be followed. ▪ Elk movement through and around the project area will not be  deterred or permanently interrupted.  30 12/12/2017 16 Wildlife Habitat Evaluation and Conservation Plan by Celine M. LeBeau of Van  Horn Engineering and Surveying Inc., Estes Park , CO Conclusions:  •No endangered, threatened, or special concern plan/wildlife species will be adversely  affected by the proposed project •No local wildlife species will be adversely affected by the proposed project •No CNHP designated PCA will be affected by the proposed project •Nest surveys will be conducted the spring prior to and immediately prior to any  construction on Site that requires tree removal •The Home Owner’s Association Covenant shall outline measures to be practiced by  residents to prevent and deter human/wildlife conflicts •404 Clean Water Act permits shall be obtained/upheld for any activity conducted within  the wetland •Development of the proposed lots and all infrastructure shall follow the minimization  measures outlined in this report •Specifications in the landscape plan shall be closely followed for any development on the  Site. •A weed management  plan shall be implemented to prevent weed establishment in  disturbed areas during and post‐construction 31 Ecological Resources Inventory For A Proposed Development Project At The Mackey Property Near Estes Park, Colorado by Darcy A. Tiglas Loveland, Colorado July 2008 Conclusions:  The proposed development at the Mackey Property does not present any biological issues of concern for  federal or state sensitive species. No birds‐of‐prey occur within the project area nor is any substantial habitat or use  opportunity available to raptors within the project area.  Raven Rock Development Elk Movement/Migration Assessment by Darcy A. Tiglas Loveland,  CO November 6, 2017 Conclusions: The elk movement through and around the project area will not be deterred or  permanently  interrupted and the elk will continue to move/pass from the meadow on the  site to heavy cover to the west and south. Larry Rogstad – Colorado Parks and Wildlife November 9, 2017 Conclusions:  1. Avoid development of riparian habitat 2. Cluster buildings to extent possible 3. Perimeter fencing that allows unrestricted passage for ungulates 4. Large first floor windows to be screened 5. Open style landscaping 32 12/12/2017 17 Staff Recommendation 1.     . . . comply with the goals and policies set forth in the  Comprehensive Plan and in its Future Land Use map 2.    Adequate public/private facilities are currently available to serve  the proposed project 3.    No significant issues or concerns were received from applicable  reviewing agency staff 4.    . . . comply with applicable standards set forth in the EVDC 5.    No zone change requested with this development 33