HomeMy WebLinkAboutPACKET Town Board 2012-06-12
The Mission of the Town of Estes Park is to plan and provide reliable,
high-value services for our citizens, visitors, and employees. We take
great pride ensuring and enhancing the quality of life in our community
by being good stewards of public resources and natural setting.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, June 12, 2012
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 22, 2012 and Town Board Study Session Minutes
dated May 22, 2012.
2. Bills.
3. Committee Minutes:
A. Community Development/Community Services, May 24, 2012.
4. Resolution # 06-12 Setting Monthly Wireless Communication Services Stipend for
the Town Administrator.
2. ACTION ITEMS:
1. PUBLIC HEARING: ORDINANCE #06-12 ADOPTING BY REFERENCE, THE
MODEL TRAFFIC CODE FOR COLORADO, REVISED 2010 AND APPENDIX.
Police Chief Kufeld.
2. ORDINANCE #07-12 AMENDING MUNICIPAL CODE CHAPTER 9.10 –
FIREWORKS. Fire Marshal Spears.
3. STALL BARN DESIGN AND FAIRGROUND MASTER PLAN FOR THE
NORTHWEST QUADRANT. Manager Winslow.
Prepared 6/4/12
*Revised
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
4. ESTES VALLEY PLANNING COMMISSION APPOINTMENTS. Director Chilcott.
5. ESTES VALLEY BOARD OF ADJUSTMENT APPOINTMENT. Director Chilcott.
3. REPORTS AND DISCUSSION ITEMS.
1. FIRST QUARTER FINANCIAL REPORT. Assistant Finance Officer McDougall.
4. ADJOURN.
Town of Estes Park, Larimer County, Colorado, May 22, 2012
Minutes of a Regular meeting of the Board of Trustees of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in
said Town of Estes Park on the 22nd day of May, 2012. Meeting called to
order by Mayor Pinkham.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Also Present: Greg White, Town Attorney
Frank Lancaster, Town Administrator
Lowell Richardson, Deputy Town Administrator
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENTS.
Nick Molle/County resident and local business owner requested permission to sell his
DVDs at the Visitor Center.
Johanna Darden/Town citizen and Susan Wolf/Allenspark resident oppose the Carson
and Barnes circus performance being held on Town property and would encourage the
Town to not allow such events in the future.
Jim Tawney/Town citizen expressed his disappointment with the outcome of the RTA
application.
Greg Rosener/Town citizen stated concern that Platte River Power Authority (PRPA)
has placed the Town in the middle of a business decision to approve the leasing of
water rights for fracking.
Frank Theis/Elkhorn Project Inc. informed the Board that the RTA application for the
Elkhorn Project was not approved by the State. The group continues discussing other
alternatives with the property owner and potential operators of the ski adventure.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Norris provided a brief update on the activities of Visit Estes Park including a
recent spot on Channel 9 News for the opening of Trail Ridge Road, review of
governing policies of the district, increase in social media activities, and studying the
impact of tourism in Estes Park to be shared with the Town in August.
Trustee Koenig thanked the RTA committee for their hard work. She reminded the
public of the antique show in Barn W this weekend, stating all funds raised would
support Western Heritage and the Rooftop Rodeo.
Trustee Ericson presented the TVC report to ARD and it was well received. He
welcomed Administrator Lancaster and thanked Assistant Town Administrator
Richardson for his efforts during the past months.
Board of Trustees – May 22, 2012 – Page 2
Mayor Pinkham stated an official ribbon cutting opening Trail Ridge Road for the season
would be held on Friday, May 25th, weather permitting.
TOWN ADMINISTRATOR REPORT.
Assistant Town Administrator Richardson stated the Volunteer policy would be
discussed at the July 10th Town Board Study Session to discuss indemnification. The
final policy would come forward to the Board at the meeting on July 24th.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 8, 2012 and Town Board Study Session
Minutes dated May 8, 2012.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works Committee, May 10, 2012.
1. L&P Service Center Roof Replacement – Apex Roofing, $46,800 –
Budgeted.
4. Estes Valley Planning Commission Minutes dated April 17, 2012
(acknowledgement only).
It was moved and seconded (Blackhurst/Koenig) to approve the Consent Agenda,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS.
1. ROCKY MOUNTAIN NATIONAL PARK UPDATE.
Superintendent Baker presented a briefing on current issues and events at the
Park: 2011 visitation increased by almost 7%; mountain pine beetle mitigation
continues to focus on hazard trees and hazard fuels in the visitor use areas and
applying insecticide to value trees; USGS to study effects of mountain pine
beetle induced tree mortality on water quality; Bear Lake Road reconstruction
Phase II started in March with Glacier campground closed for the season and
the roadway accessible by shuttle bus during 9:00 a.m. to 4:00 p.m. from May
29th – October 9; utility line replacements for sewer lines at headquarters area
and Glacier Campground; Lily Lake Dam to be repaired this fall; Beaver
Meadows Visitor Center renovation completed in March; elk and vegetation
management continues with additional fencing and limited culling of the elk
population to restore aspen and willow communities; public meetings on the
new Fire Management Plan to take place in August; no changes to 2012
entrance fees; on July 15, 2011 a Commuter Permit was implemented to allow
local residents to commute through the park with an administrative fee of $20
for a three year permit; shuttle system continues to see an increase in
ridership; Intelligent Transportation System (ITS) has been implemented in
2012 in conjunction with the Town and Federal Highway Administration to
encourage the use of the Fairground Park-n-Ride; rehabilitation of a number of
trails; continue the preparation of the Environmental Impact Statement for the
restoration of the Grand Ditch; increase efforts to limit bear issues with the
inclusion of additional food storage lockers, including lockers at trailheads; a
survey of winter visitors during February of 2011 was conducted and is
available for review; and the Money Generation Model is being finalized,
looking at the economic impact of the park on the surrounding region and
communities.
3. ACTION ITEMS:
1. BOND PARK PHASE V PREFERRED DESIGN ALTERNATIVE.
Board of Trustees – May 22, 2012 – Page 3
Director Zurn stated the next construction phase for the park would focus on
Phase V of the Bond Park Master Plan including a new art walk along Elkhorn
Avenue, gateway entrance, picnic area and additional streetscape
improvements. The stakeholder group and Town staff have met with Chroma
Design to develop programming for the park and design concepts. The
construction would begin in the fall and be completed by spring 2013.
Doug Lamson/Chroma Design reviewed the three concepts presented to the
stakeholder group for consideration. The stakeholder group chose option #2
unanimously.
Option #1 – Master Plan. This option is a pure form of the master plan and
includes seat walls in a reverse curve that is mainly oriented toward the center.
Option #2 – Playful Curves. This design has broken up the curves with
counterbalancing curves and created easier circulation, more permeable and a
festival atmosphere.
Option #3 – Heart of the Park. The curves are embracing the green space, still
permeable, and additional space along Elkhorn has been created.
It was noted the ice rink in the Northeast corner of the park was removed to
increase the green space and accommodate additional tent spaces in the
Southeast corner. The stakeholder group also determined an alternate location
may be better suited for an ice rink. Parking along Elkhorn Avenue was
maintained for transit in the future as the current pull off in front of Town Hall
would be utilized for tents during an event. The area would also be used for
grandstands during parades.
Johanna Darden/Town citizen questioned if the rocks in the park would be
removed and stated concern with the trees that are being destroyed in the park
by the redevelopment and the elk destroying the new young trees planted.
John Guffey/Town citizen commented on the amount of concrete and the
reduction in green area with the redevelopment of the park.
After further discussion, it was moved and seconded (Blackhurst/Ericson) to
approve design option #2 – Playful Curves for the next construction
phase of the Bond Park, and it passed unanimously.
1. PLATTE RIVER POWER AUTHORITY (PRPA) WATER LEASE TO OIL AND
GAS INDUSTRY. Platte River Power Authority has been approached by a
water broker to lease its surplus reusable effluent for oil and gas development.
PRPA’s surplus effluent is in demand because a large portion of the effluent is
reusable and can be used to extinction anywhere within the State of Colorado,
thereby making it an ideal supply of water for oil and gas well development.
PRPA Board of Directors has begun the process of developing a policy to
address the leasing of its surplus effluent.
PRPA has leased the water in the past for agricultural and augmentation plans;
however, leasing to the oil and gas industry could increase revenues for PRPA,
thereby reducing overall energy costs. The water used by the oil and gas
industry is considered waste, and must be tracked by the industry. The
industry used approximately .13% of all Colorado water in 2012.
Attorney White stated the Town is a member of PRPA with two Board
members, Mayor Pinkham and Utilities Director Bergsten. He noted the duties
of the Board members are to address the beneficial use of the water rights as it
relates to PRPA and not the Town.
Board of Trustees – May 22, 2012 – Page 4
Comments opposed to the leasing of PRPA water were heard from Jim
Tawney/Town citizen, Johanna Darden/Town citizen, and Susan
Wolf/Allenspark resident.
Greg Rosener/Town citizen stated any leasing of water should be entered into
on a short term basis.
Trustee discussion followed and has been summarized: concern with the
number of well sites, traffic, conditions caused by fracking for the local
communities, waste water concerns, leases should be limited to one year and
reviewed each year, any lease should require the lessee to be in full
compliance with all local, state and federal regulations, and concern with the
contamination of the water supply.
No action was taken. Mayor Pinkham and Director Bergsten would forward
comments from the Board and the community to the PRPA Board.
2. CHELEY COLORADO CAMPS LEASE FOR WINDY GAP WATER.
Director Bergsten stated Cheley Colorado Camp has submitted an
augmentation plan to the State of Colorado, and has requested eight (8)
acre/feet of Windy Gap water from the Town through a lease agreement. The
Town has Windy Gap water rights in excess of its current needs and has
fulfilled augmentation plans in the past. The lease would be for 20 years as
required by the Water court. The Town would receive the full value of the water
through the lease.
Greg Rosener/Town citizen commented Cheley Camp is an asset to the
community and he would support the lease.
George Hockman/Town citizen questioned the automatic 20 year lease and
stated the Town should have the option to renew at its discretion.
It was moved and seconded (Blackhurst/Phipps) to approve a water lease
agreement with Cheley Colorado Camps, Inc. for eight (8) acre/feet of
Windy Gap water, and the motion passed unanimously.
4. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Koenig/Blackhurst) the Town Board enter into
Executive Session – For discussion of specialized details of security
arrangements under C.R.S. Section 24-6-4-2(4)(d), and it passed unanimously.
Mayor Pinkham recessed the meeting to enter into Executive Session at 9:30 p.m.
Mayor Pinkham reconvened the meeting at 10:20 p.m. from Executive Session
whereupon he adjourned the meeting at 10:20 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, May 22, 2012
Minutes of a Study Session meeting of the TOWN BOARD of the Town
of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in
Rooms 202/203 in said Town of Estes Park on the 22nd day of May,
2012.
Board: Mayor Pinkham, Mayor Pro Tem Blackhurst, Trustees Elrod,
Ericson, Koenig, Norris and Phipps
Attending: All
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Town Attorney White and Town Clerk
Williamson
Absent: None
Mayor Pinkham called the meeting to order at 4:30 p.m.
BRANDING STRATEGY – ESTES PARK BRAND PROMISE.
Peggy Campbell/Visit Estes Park Executive Director and Kirby Nelson/Stakeholder
Services Manager provided a review of the next phase of the branding process, the
Estes Park Brand Promise. They stated the emotional connection is the key to the
branding process; therefore, a successful destination promise must be a truthful and
aspirational description of how the guests should feel about Estes Park. The brand
promise must be a community promise with buy in from all levels of the community.
The brand promise concepts include exceptional outdoor adventures, favorite Colorado
experience, real wildlife, natural, extraordinary beauty, majestic mountain village, and
everyone’s a guest. The promise was discussed as well as next steps in the branding
process. The branding team continues to work on logos, theme lines, colors, etc.
Brand culturization would begin in the fall with training for the entire community and
would continue for months and years as an ongoing process.
SUNGARD UPDATE.
Superintendent Fraundorf provided the Board with a review of the upgrade to the
Town’s financial software. He stated one of the driving forces for moving to
OneSolution was to alleviate an ongoing significant problem in Community
Development with permitting software. SunGard suggested the permitting component
in OneSolution be implemented first. Upon analysis staff determined the need to
assess all Town business processes as they are interdependent and affect financials.
As of March 2012, staff has restarted the process. In order to be successful, an
experienced project manager to implement and lead the effort is required. He stated
the Town has a number of business processes that are manual and need to be
automated, thereby increasing staff efficiency, improve customer service and add
transparency by providing additional reporting efforts. Board consensus was to move
forward with an RFP to hire a consultant to manage the implementation of the software
upgrades at a cost of approximately $50,000 to $75,000 in fiscal year 2012.
BOND PARK PHASE V PREFERRED DESIGN ALTERNATIVE.
Dave Lamson/Chroma Design reviewed three design alternatives, reviewed with the
Bond Park stakeholder group, for the next phase of improvements to Bond Park. The
following were considered when developing the designs: a clear identity, consistent
physical forms, materials, and character, review of Master Plan and the current built
environment, iconic gateway, and new activities such as a picnic grove. Other
considerations discussed with the stakeholder group included an art walk along Elkhorn
Avenue, a picnic grove in the southeast corner, and gathering places in both the
Town Board Study Session – May 22, 2012 – Page 2
southeast and southwest corners. Programming needs of the area were considered
with regard to permeability, informal seating, snow removal, vehicular access, parade
seating and announcing, a gateway structure that fits with the festival atmosphere, and
tent layout for events.
Option #1 – Master Plan. This option is a pure form of the master plan and includes
seat walls in a reverse curve that is mainly oriented toward the center.
Option #2 – Playful Curves. This design has broken up the curves with
counterbalancing curves and created easier circulation, more permeable and a festival
atmosphere. This option was chosen as the preferred design by the stakeholder group.
Option #3 – Heart of the Park. The curves are embracing the green space, still
permeable, and additional space along Elkhorn has been created.
The project would be bid this summer with construction beginning in the fall and project
completion by spring 2013. The costs range from $450,000 to $490,000.
Trustee Blackhurst and stakeholder member stated the group reviewed the northeast
corner and made the decision to eliminate the hardscape, including the ice rink, in lieu
of building additional streetscape in the southeast corner for 10 tent sites.
Trustee Ericson questioned the need for parking on Elkhorn and suggested they be
removed or reduced by two spaces to maximize the green space of the park. Director
Zurn stated this area would be used for future transit.
FUTURE AGENDA ITEMS.
The Board requested the first quarter sales tax be removed from the agenda on June
12th, and add the Volunteer Policy manual on July 10th. Trustee Koenig requested staff
bring forward potential funding sources during the STIP presentation.
Mayor Pinkham stated a Board retreat would be held in the near future with the Board
and Administration. An additional goal setting session would be held with staff.
MISCELLANEOUS
Superintendent Fraundorf stated Verizon’s signal has improved significantly with the
new signal on top of Prospect Mountain; therefore, the ITS bus system would use
Verizon during 2012.
Director Zurn commented the bus counters would not be purchased in 2012, as grant
funds have been depleted. After discussion, it was determined the data would be useful
when making future decisions with regard to bus routes; therefore, the Board requested
the counters be purchased by the Town.
There being no further business, Mayor Pinkham adjourned the meeting at 6:40 p.m.
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, May 24, 2012
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on
the 24th day of May, 2012.
Committee: Chair Ericson, Trustees Elrod and Norris
Attending: Chair Ericson, Trustees Elrod and Norris
Also Attending: Town Administrator Lancaster, Assistant Town Administrator
Richardson, Director Chilcott, Managers Winslow, Mitchell
and Fortini, PIO Rusch, and Deputy Town Clerk Deats
Absent: None
Chair Ericson called the meeting to order at 8:00 a.m.
PUBLIC COMMENT.
Christy Crosser, Estes Park Nonprofit Resource Center (EPNRC), reported on services
and activities being provided by the Center to area nonprofits, and provided a list of
nearly 100 nonprofits that offer services within the Estes Valley. She noted that since
January 2012, seven workshops have been hosted by EPNRC with 75 individuals
participating from 30 unique nonprofit organizations. She said the Center receives an
average of 17 requests per month related to topics such as liability insurance for
directors and officers; meeting facilitation; board development; and fundraising. The
Committee thanked the Center for its service to the community and for providing
valuable information to local nonprofit organizations.
COMMUNITY SERVICES DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
• Special Events – Manager Winslow provided a listing of upcoming events and
noted that three new events are among those scheduled through June 2012. A
privately-sponsored circus which is scheduled for Memorial Day weekend, Barrel
Racing, and Ride the Rockies are events that are new to the facility this year.
Staff is currently opening up and preparing the facility for the season, and
finalizing preparations for the Wool Market on June 7th and 8th. He said the Wool
Market is one of the largest in the U.S. and said that individuals come from all
over the country to participate in the event. Manager Winslow said that a
successful Jazz Fest was held May 19th and 20th, however, weather did impact
Saturday’s activities. At this time revenues appear to be typical, with monies
related to on-line ticket sales yet to be allocated to the respective event.
• Retail Sales Policy – At the April Community Development/Community Services
(CDCS) Committee Meeting, Nick Mollé requested permission to sell his DVDs at
the Town’s Visitor Center. Assistant Town Administrator Richardson reported
that in 2006 the Town Board approved a retail sales policy that limits the items
that are allowed to be sold in the visitor center to Rocky Mountain Nature
Association and Museum merchandise. The policy was developed by committee
with input from downtown merchants during the original launch of the new CVB.
Assistant Town Administrator Richardson said that 75% to 80% of the visitor
centers he researched sell retail items, and suggested that 1. the topic of a
Town-wide retail policy be brought before the full Town Board at an upcoming
study session for discussion and 2. that the discussion include whether to allow
Mr. Mollé to provide a television at the CVB to play his DVDs and sell Estes Park
Community Development / Community Services – May 24, 2012 – Page 2
relevant DVDs at the visitor center.
Trustee Elrod pointed out that this topic was discussed at the February 23, 2012
CDCS Committee meeting and expressed frustration that the topic has not yet
been addressed. Discussion included: create a committee to include
representatives from various groups such as the Estes Area Lodging Association
(EALA) and Estes Valley Partners for Commerce to look at issue from broader
perspective; current policy is out of date, take the time necessary for discussion
and development of policy; consider a short-term trial as a learning experience to
guide in policy making; giving an advantage to one retailer over another; and Mr.
Mollé’s merchandise is unique and may not impact sales at downtown retailers.
Assistant Town Administrator Richardson said that comments and concerns can
be gathered from the business community and local organizations via e-mail, and
that staff will contact municipalities that allow retail sales at visitor centers for
information.
Nick Mollé, Nick Mollé Productions, Inc., said both the Rocky Mountain Nature
Association and the Museum carry his items. He said he would be willing to loan
the CVB a TV screen to display videos and photos coinciding with events in
Estes Park for promotional purposes, even if sales of his DVDs is not approved.
Peggy Campbell, Visit Estes Park Executive Director, said that with the
separation between Visit Estes Park and the Town, the policies written in 2004 at
the time of the CVB start-up need to be reviewed and requested involvement in
the process. She concurred with considering the broad picture of a retail sales
policy and noted that the policy affects the entire community.
Town Administrator Lancaster suggested that staff and merchants look at the
topic from the visitor’s perspective, and added that a comprehensive and
systematic review of Town policies is a high priority project. The Committee
requested staff prepare to bring the retail policy discussion forward to the June
26, 2012 Town Board Study Session.
• Capital Projects Update – Fairground Stall Barns – Assistant Town Administrator
Richardson said that the proposals received for the selection of a design firm for
the stall barns will be brought forward at the June 12, 2012 Town Board meeting.
The 100-stall barn is proposed to be situated at the west end of the fairgrounds
property and the scope of use (agricultural or multi-use) will determine the cost of
constructing the facility. He noted that the $600,000 currently budgeted is not
adequate for the project. Groundbreaking on the project may take place this fall.
• Senior Center / Museum Master Plan – Staff is at work on preparing a Request
for Proposal l (RFP) for a Senior Center / Museum Master Plan.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
• Community Development Monthly Report – Director Chilcott reported that staff is
promoting May as Building Safety Month. A news release was prepared and a
program to provide building safety information through the elementary school will
be pursued in future years. Chief Building Official Birchfield is conducting plan
reviews and the timeframe related to permit application and the issuance of the
permit is being tracked with the goal of a five-day turn around being met
approximately 50% of the time. Staff is working to ensure that basic core
services are being met and working with a consultant to define customer service
core values. Hiring of a temporary employee is being considered for the summer
season. A financial section was added to the Department’s monthly report per
the Committee’s request. The Committee discussed staffing levels in the
Community Development / Community Services – May 24, 2012 – Page 3
Community Development Department, monthly and/or quarterly reporting of
financial data, and financial report detail, and said a consistent format for
financial reports will be determined following discussion with administration.
ADMINISTRATION.
Reports provided for informational purposes and made a part of the proceedings.
• None
There being no further business, Chair Levine adjourned the meeting at 9:31 a.m.
Cynthia Deats, Deputy Town Clerk
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: June 6, 2012
RE: Resolution # 06-12 Setting Monthly Wireless Communication Services
Stipend for the Town Administrator
Background:
An employment contract for Town Administrator was entered into on April 4, 2012 between
the Town of Estes Park and Frank Lancaster. The agreement included the reimbursement of
monthly operating costs associated with a wireless electronic communication device in order
for the Administrator to conduct Town business. The agreement also states a rate shall be
mutually agreed upon by the Town and the Employee in April of each year. Resolution #06-
12 has been prepared proposing a monthly stipend of $90 per month from June 2012
through April 2013.
Although the contract was signed in April, Administrator Lancaster did not begin work with
the Town until May 21st; therefore, the stipend would not begin until June of 2012.
Budget:
# 101-1300-413-13-01 - $1,080
Staff Recommendation:
Staff recommends approval of Resolution #06-12.
Sample Motion:
I move to approve/deny Resolution # 06-12 Setting Monthly Wireless Communication
Services Stipend for the Town Administrator.
Town Clerk’s Office
RESOLUTION #06-12
SETTING MONTHLY WIRELESS COMMUNICATION SERVICES
STIPEND FOR THE TOWN ADMINISTRATOR
WHEREAS, The Town of Estes Park entered into an Employment Agreement
with Frank Lancaster as the Town Administrator as provided in the Municipal Code,
and;
WHEREAS, Section 15 of said agreement stipulates: “The Employee’s duties
require that he be reasonably accessible in order to properly conduct TOWN business
during his employment with the TOWN. Accordingly, the Employee shall maintain a
wireless electronic communication device. The TOWN shall be responsible for
reimbursing the Employee for the monthly operating costs incurred for the use of said
equipment, at a rate mutually agreed upon by the Town and the Employee in April of
each year.“ and;
WHEREAS, The Town wishes to establish the aforementioned reimbursement
stipend for the period of June 2012 through April 2013;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUTEES OF THE
TOWN OF ESTES PARK, that a reimbursement stipend be established for the Town
Administrator’s wireless communication device in the amount of $90.00 per month
commencing June 2012 and continuing through April 2013.
INTRODUCED, READ, and ADOPTED this 12th day of June, 2012.
TOWN OF ESTES PARK
__________________________________
Mayor
ATTEST:
_________________________________
Town Clerk
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Wes Kufeld, Chief of Police
Date: June 12, 2012
RE: Ordinance #06-12 Adopting by Reference, The Model Traffic Code of
Colorado, Revised 2010 and Appendix (Local Amendments)
Background:
Adoption of Model Traffic Code Manual 2010
In 2003 Town Board adopted the Model Traffic Code for Colorado, from the Colorado
Department of Transportation. This manual has been utilized by town staff for
regulation and enforcement purposes. Recently, The State of Colorado Department of
Transportation published a newer version which was revised in 2010. Along with the
recommended adoption of the Manual, staff has amended the appendix to reflect
current practices in Estes Park. Attorney Greg White is aware of the 2010 Manual and
has no concerns.
Recommended Grammar Changes to Model Traffic Code Amendment Document
(Estes Park Specific)
Staff reviewed the current Model Traffic Code Amendment specific to Estes Park.
Recommended changes were made to the format in order to promote the ease of
reading; this included deleting specific address locations for parking lots, and making
changes to the general grammar of the document.
Recommended Model Traffic Code Amendment Changes: Some of the below
changes are designed to insure the ordinance reflects what is already in practice at
specific locations around town. Others are recommended new changes in the
ordinance. Attorney White has reviewed the Model Traffic Code Amendment.
• Delete - Alternative Fuel Parking, recommended removal as this was not
successful and difficult to enforce.
• Delete - Three hour timed parking from 12:00pm to 6:00pm.
• Delete - East Elkhorn 390 to 358 (South side of street – Loading Zone)
Currently not a loading zone.
• Include- RV parking (day use only) at the Transportation Hub
• Include – in ordinance: Municipal Lot (already in practice)
- Library Volunteer only
- Police Reserved Parking
POLICE DEPARTMENT Memo
Page 2
- Reserved Parking
- Mayor Parking
- Library Loading Zone
• Include – 2 hour limit parking in Library Lot (as already indicated in lot and in
practice)
• Include - Municipal Building Lot – Library 15 minute parking (as already
indicated in lot and in practice)
• Include – the word “Trailers” for no parking overnight in any town owned lot.
• Include – All loading zones – no parking 6:00am to 6:00 pm. Seven days a
week. Open parking from 6:00 pm to 6:00 am (currently in practice)
• Include – Citizens Visitors Bureau – Rv Parking in designated spaces only –
daily use.
Loading Zones
Current Ordinance, as amended on May 26th, 2009 states: “Permitted loading / unloading
only from 7:00am to 12:00pm, 7 days a week. Three hour timed parking from 12:00pm to
6:00pm. Open from 6:00pm to 6:00 am”.
The three time changes in a single day became confusing to the community as well as
enforcement personnel, therefore, finding it difficult to enforce. The community made
requests to Public Works to change the signage to reflect: Permitted loading / unloading
only from 6:00 am to 6:00 pm, 7 days a week. Open parking from 6:00pm to 6:00am, thus
eliminating the 3 hour parking in those locations. This change was made to the loading
zone physical locations, but the ordinance was not changed to validate the changes.
Budget:
No budgetary impact.
Recommendation:
Staff recommends adoption of the Model Traffic Code, Revised 2010 and approval of
the above changes in the Appendix.
Motion
I move to approve/deny Ordinance #06-12 adopting the 2010 Revision of the Model
Traffic Code for Colorado and the Appendix.
ORDINANCE NO. 06-12
AN ORDINANCE ADOPTING BY REFERENCE, THE
MODEL TRAFFIC CODE FOR COLORADO,
REVISED 2010, INCLUDING THE APPENDIX
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to adopt the Model Traffic Code for
Colorado, Revised 2010, including the Appendix.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1. Section 10.04.010 of the Municipal Code is hereby amended to read
as follows:
10.04.010. Model Traffic Code Adopted. The Model Traffic Code for Colorado
Municipalities, Revised 2010, including the Appendix, hereinafter referred to as the
Model Traffic Code, is enacted and adopted herein by reference as a primary code.
Section 2. The adoption of 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 , 2012.
TOWN OF ESTES PARK, COLORADO
By:
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 , 2012, and published in a
newspaper of general publication in the Town of Estes Park, on the day of
, 2012.
Town Clerk
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MODEL TRAFFIC CODE, Revised 2010
TOWN OF ESTES PARK – APPENDIX
Proposed June 12, 2012
MUNICIPAL PARKING LOT NAMES
For enforcement purposes, the location and identification of each Town of Estes Park Municipal
parking lot is listed below:
1. Performance Park Parking Lot - 311 W. Elkhorn
2. Spruce Parking Lot - 261 Cleave Street
3. Tregent Parking Lot - 291 W. Riverside Avenue
4. Big Horn Parking Lot 101 Cleave Street
5. Moraine Parking Lot 185 Moraine Ave.
6. Davis Parking Lot 230 Moraine Ave.
7. Virginia Parking Lot 147 Virginia Drive
8. East Riverside Parking lot 110 E. Riverside Dr.
9. Riverside Parking Lot -141 Rockwell Street
10. Post Office Parking Lot 200 W. Riverside Ave.
11. West Riverside Parking Lot 260 W. Riverside Ave.
12. Town Hall Parking Lot 170 MacGregor Ave.
13. Visitor Center Parking lot 500 Big Thomson Ave.
14. South Visitor Center Parking Lot 691 N. Saint Vrain Ave.
15. Transportation Hub Parking Lot – Stanley Fair Grounds
PARKING PERMITTED
Each year timed parking is in effect the weekend prior to Memorial Day through Labor Day
weekend seven days week.
ON-STREET PARKING, 3-HR LIMIT:
▪ East Elkhorn (South side of Bond Park)
▪ Park Lane, North side from 201 to MacGregor Ave
▪ Park Lane, South side of street (North side of Bond Park)
▪ Riverside Drive at Riverside Plaza, (West side of Riverside)
▪ Moraine Ave 222 through 250
▪ Moraine Ave 231 through 251
▪ Moraine Ave from Wiest Drive south to the Moraine Restrooms
▪ West Elkhorn Ave 112 through 134 (South side of street)
▪ West Elkhorn Ave 119 through 125 (North side of street)
▪ West Elkhorn Ave 215 through 235 (North side of street)
▪ West Elkhorn Ave 208 through 230 (South side of street)
▪ MacGregor Ave West side (from Elkhorn to Park Lane)
PARKING LOTS, 2- HOUR LIMIT:
▪ Municipal Parking lot – designated Library Parking Spaces
PARKING LOTS 3-HOUR LIMIT:
▪ Virginia Drive Lot
▪ West Riverside Drive Lot - (exception of North end of lot – open parking)
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▪ Riverside Drive Lot (North of Rockwell Street, entire lot)
▪ Post Office Lot (North one half side of lot)
▪ Post Office Lot – East side along river sidewalk
▪ Brownfield’s Parking Lot (South of Elkhorn crosswalk light)
▪ East Riverside Lot (Southeast corner of Elkhorn and Riverside)
PARKING LOTS 30-MINUTE LIMIT:
▪ Post Office Lot - South one half of lot
▪ Municipal Building Parking Lot – dedicated spaces only
PARKING LOTS, 15 MINUTE LIMIT:
▪ Municipal Building Lot – designated spaces, Library 15 Minute Parking
ON-STREET 30-MINUTE PARKING:
▪ MacGregor Ave. - east side of street in front of Municipal Building (170 MacGregor
Ave
▪ 235 West Riverside Drive (East side of street, three spaces)
RV PARKING
▪ Town Hall Parking Lot – designated RV Parking spaces only.
▪ Stanley Park Transportation Hub - Daily Parking permitted in designated RV
parking spaces. (Overnight Recreational Vehicle parking by permit only obtained at
Fairgrounds Office, Recreation Vehicle parking not to exceed eighteen (18)
consecutive hours)
Citizens Visitors Bureau
▪ RV Parking in designated spaces only for daily use
NO-PARKING
All Loading Zones – active loading/unloading only from 6:00 am to 6:00 pm, 7 - days a
week. . Open parking from 6:00 pm to 6:00 am 7 days a week, no exceptions.
No overnight parking, camping, or sleeping in any Town owned parking lot unless posted by
sign or by permit.
No overnight parking of trailers or recreational vehicles in any Town owned parking lot or
street unless posted by sign or by permit
No parking both sides of street during snow removal operations: Aspen, Birch, Columbine,
Driftwood, and Elm Avenues and Crabapple Lane.
No parking anytime at all red curb locations.
No parking anytime at all red, yellow or white striped locations.
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NO PARKING - LOADING ZONES
▪ East Elkhorn Ave from 153 to 145 (North side of street - Loading Zone)
▪ East Elkhorn Ave from 141 to 129 (North side of street - Loading Zone)
▪ East Elkhorn Ave from 116 to 128 (South side of street - Loading Zone)
▪ East Elkhorn Ave from 156 to 184 (South side of street – Loading Zone)
▪ East Elkhorn Ave from 332 to 344 (South side of street – Loading Zone)
▪ West Elkhorn Ave at Tregent Park (North side of street – Loading Zone)
▪ West Elkhorn Ave from 111 to 119 (North side of street - Loading Zone)
▪ West Elkhorn Ave from 191 to 213 (North side of street - Loading Zone)
▪ 170 West Elkhorn (South side of street, 2 spaces)
▪ West Elkhorn Ave from 144 to 134 (South side of street - Loading Zone)
▪ 125 Moraine Ave (East side of street – Loading Zone)
▪ Riverside Drive at Riverside Plaza driveway (West side of Riverside – Loading
Zone)
▪ 111 Wiest Drive (Two spaces – Loading Zone)
▪ Cleave Street – behind Old Church Shops (Loading Zone both sides of street)
▪ Cleave Street – South side at intersection with Bighorn Drive – (Loading Zone / No
Parking)
▪ East Elkhorn Ave in front of 356 East Elkhorn – (South side of street – Loading
zone).
▪ Moraine Ave, East side of road in front of 242 - loading zone.
▪ Municipal Building lot – Library Loading Zone
▪ Wiest Drive – behind 110 W.Elkhorn.
▪ Wiest Drive – behind 124 W. Elkhorn.
PARKING LIMITATIONS
RESTRICTED RESERVED PARKING
Municipal Building Lot - Parking for Library Volunteer only
- Police Reserved Parking
- Police Parking
- Reserved Parking (town owned vehicles)
- Reserved Mayor Parking
Visitors Center (Overnight Parking) Vehicles by permit only in designated
parking spaces as indicated by sign.
Parking on the East side of main parking
lot. All other parking spaces day use
only.
Stanley Fair Grounds Overnight Recreational Vehicle Parking,
by permit only, West side of the Stadium
in designated spaces. Time limit not to
exceed eighteen (18) consecutive hours.
Fawn Lane No Parking Both sides of roadway
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MacGregor Ave/ No Parking Northeast corner, adjacent to Canyon
Bypass Intersection Creeks Condominiums
Big Horn Dr No Parking East side from Elkhorn Ave to driveway of
110 Bighorn Drive
Cleave St. No Parking South side of Lawn Lane to 100’ E. of
Lawn Lane. North side, in front of 223
Cleave St. South side at Big Horn Dr.
No Parking/ South side, behind Old Church Shops
Loading Zone
Crabapple Ln. No Parking Exception: Parking Allowed Adjacent to
Sidewalk as Posted (Snow Route)
From Wildfire Rd. to Wildfire Rd.
Davis St. No Parking North side of Davis at Moraine Ave.
E. Riverside Dr. No Overnight West side (vacant strip), 300 Block
Parking
Lawn Ln. No Parking West side, between Spruce Dr. & Cleave
St.
MacGregor Ave. Angle Parking Driveway of Municipal Building to
Wonderview
MacGregor Ave Diagonal Parking Park Lane, North to Wonderview – West
side of street
Virginia Drive No Parking 210 – 216 Virginia Drive, East side of
street
Moraine Ave. No Parking East side between 212 Moraine Ave to
intersection of Elkhorn Ave. South side
across from Elm Rd.
Park Lane Angle Parking Only Both sides of road
Park Lane No Parking From Elkhorn Ave to Crosswalk
Spruce Dr. No Parking East side, between Cleave St. & Lawn Ln.
Tregent Park No Overnight Parking lot
Parking
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W. Elkhorn Ave. No Parking South side at Tregent Park (Restrooms)
Loading Zone
Wiest Dr. No Parking / From Moraine Ave to Wiest Street.
Loading Only One way – East Only
Highway 7 Parallel Parking East side, 100 Blk. of Hwy. 7
SPEED LIMITS:
Aspen Ave. Both Directions 25 MPH
Birch Ave. Both Directions 25 MPH
Big Horn Dr. South bound, 100’ South of 20 MPH, SB
Wonderview Ave. to W.
Elkhorn Ave.
Big Thompson Ave. Hwy. 34, East of Hwy. 34/36 35 MPH, EB
Inter. to .7 miles East of Hwy. 34/36
Hwy. 34, 1.4 miles East of 40 MPH, EB
Hwy. 34/36 Inter. to City Limits
1.4 miles from City Limits to 35 MPH, WB
Hwy. 34/36
Brodie Ave. From Fish Creek, WB/EB to 20 MPH, SZ
Community Dr.
School Zones 7:30am to 8:00am.
and
3:00 p.m. to 3:45 p.m. 20 MPH
※ Fines Doubled in School Zone when flashing
Carriage Dr. From Hwy. 7, EB to Lakeshore Dr. 25 MPH
Cleave St. Both Directions 20 MPH
Columbine Ave. Both Directions 25 MPH
Community Dr. Hwy. 36/Community Dr to 30 MPH, SB/NB
Manford Ave.
Hwy. 7/Community Dr., N. to 20 MPH, SB
Manford Ave. Intersection
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School Zones 7:30am to 8:00am.
and
3:00 p.m. to 3:45 p.m. 20 MPH
※ Fines Doubled in School Zone when flashing
Driftwood Ave. Both sides 25 MPH
E. Elkhorn Ave. Hwy. 34/36 Inter. to Park Ln. 25 MPH
Hwy. 34/36 Inter. to Park Ln. 25 MPH, WB
at E. Elkhorn Ave.
E. Riverside Dr. W. from E. Elkhorn Ave. to 20 MPH, WB/EB
Moccasin Bypass
Elm Ave. Both Directions 25 MPH
Far View Dr. “S” curve, 0.1 mi. N. of Far View/ 20 MPH, NB
W. Elkhorn Ave. Intersection
Fish Hatchery Rd. At Fall River Rd. 30 MPH, WB
Grand Estates Dr. Both directions 30 MPH
Graves Ave. From Hwy. 7 WB/EB to Community 20 MPH, SZ, EB/WB
School Zones 7:30am to 8:00am.
and
3:00 p.m. to 3:45 p.m. 20 MPH
※ Fines Doubled in School Zone when flashing
Heinz Parkway High Dr. North to City Limits 20 MPH, NB
High Drive Heinz Parkway West to City Limits 30 MPH, WB
Highway 7 Hwy. 36 South to Stanley Ave. 35 MPH, SB
North from Stanley Ave. 35 MPH, NB
Hwy. 36/7 Inter. South to. 35 MPH, SB
Lexington Ln.
at Dunraven 35 MPH, NBSB
at 4TH St. 35 MPH, SB
at High St. 35 MPH, NB
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at Graves Ave. 35 MPH, SB
at Morgan St 25 MPH, SZ, NB
at Golf Course Rd. 35 MPH, NB
at Twin St. 50 MPH, SB
at Scott Ave. 50 MPH, NB
at Carriage Dr. 50 MPH, SB
at Carriage Dr., just south of 50 MPH, NB
Highway 34 Hwy. 34/36 Inter. East to .1 mile 35 MPH, EB
from Steamer Dr.
From Steamer Dr. East to 35 MPH, EB
Elk Trail Ct.
From City Limits West to 40 MPH, WB
W. Grand Estates Dr.
W. Grand Estates Dr. West 35 MPH, WB
to 34/36 Intersection
at Dry Gulch Rd. 40 MPH, WB
at Lakefront St. 40 MPH, EB
Highway 36 Hwy. 34/36 Inter. East to 35 MPH, EB
Hwy. 7/36 Inter.
West from Hwy. 7 to .3 miles 35 MPH, WB
on Hwy. 36
.3 miles Hwy. 36 to Hwy. 34/36 Inter. 25 MPH, WB
2nd St., East to 4th St. 45 MPH, EB
4th St. to City Limits 50 MPH,EB/WB
4th St. West to 2nd St. 45 MPH, WB
2nd St. West to Hwy. 36/7 Inter. 35 MPH, WB
at Fish Creek Rd. 50 MPH, WB
at Community Dr 50 MPH, WB
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at Hwy. 36/7 Inter., just West of 35 MPH, WB
Larkspur Dr. From Carriage Dr. SB/NB to 25 MPH
Town Limits
MacGregor Ave. 25’ North of Wonderview Ave. 30MPH, NB/SB
To MacGregor Ranch
Mary’s Lake Rd. 200’ South of Moraine Ave. 30 MPH, SB
to Town Limits
Manford Ave. From EPHS WB/EB to Hwy. 7 20 MPH, SZ
School Zones 7:30am to 8:00am
and
3:00 p.m. to 3:45 p.m. 20 MPH
※ Fines Doubled in School Zone when flashing
Moccasin Bypass South from Riverside Dr. to 25MPH, SB/NB
Prospect Ave.
(Except .3 miles East of Riverside Dr.) 20 MPH
Moraine Ave. .1 mile East of Mary’s Lake Rd. to 35 MPH, EB
(Hwy. 36) .1 mile West of Davis St.
.1 mile West of Davis St. to Elkhorn Ave. 25 MPH, EB
200’ North of Davis St. to .2 miles 25 MPH, WB
West of Davis St.
.2 miles West of Davis St. to City Limits 35 MPH, WB
From Crags Dr. to Moraine/Elkhorn 25MPH, NB/SB
Peak View Dr. From Hwy. 7 EB/WB to Town Limits 35 MPH
Ponderosa Dr. From Stanley Ave. SB/NB to Morgan Ln. 25 MPH, SB
Prospect Ave. Stanley Ave. to Moccasin Cir. Dr. 25MPH, EB/WB
West from Stanley Ave. to Fir Ave. 25 MPH, EB/WB
Riverside Dr. From West Town Limits to 100’ West of 30 MPH, WB/EB
Prospect Village Dr.
Rockwell St. From Moraine Ave. to East Riverside Dr. 25 MPH, EB
Scott Ave. From Hwy. 7 EB/WB to Fish Creek Rd. 25 MPH
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Stanley Ave. West from Hwy. 7 to Hwy. 36 30 MPH, WB
From Hwy. 7 NB/SB to Prospect Ave. 30 MPH
Stanley Cir. Circles Stanley Ave. 30 MPH, WB/EB
Steamer Dr. .05 miles from Hwy. 34 to Town Limits 20MPH, NB/SB
Twin Dr. From Hwy. 7 EB/WB to Peak View Dr. 30 MPH
Virginia Dr. West from Park Ln. to Big Horn Dr. 20 MPH, EB, ½
W. Elkhorn Ave. Big Horn Dr. to .2 miles West of Spruce 20 MPH, WB
Dr. (Posted at 157 W. Elkhorn Ave.)
.2 miles West of Spruce Dr. to .1 miles 35 MPH, WB
West of Old Ranger Rd.
.1 miles West of Old Ranger Rd. to 40 MPH, WB
Town Limits
1,000 Yds. East of Valley Rd. to 100 35 MPH, EB
Yds. West of Spruce Dr.
Far View Dr. to .3 mi. West of Wiest Dr. 35 MPH, EB
.3 mi West of Wiest Dr. to Moraine Ave. 20 MPH, EB
W. Riverside Dr. West to Crags Dr. from Ivy St. 20 MPH, WB/EB
Wonderview Ave. .1 miles East of MacGregor Ave. to 40 MPH, EB/WB
(Bypass) Town Limits
1.25 miles East of W. Elkhorn Ave. 35 MPH, EB
to Hwy. 34/36 Inter.
Dated this day of , 2012.
TOWN OF ESTES PARK
Traffic Engineer
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I, Jackie Williamson, Town Clerk, Town of Estes Park, Colorado, do hereby certify that the
above and foregoing is a true copy of the Appendix to the Model Traffic Code for Colorado
Municipalities, Revised 2010, on file in my office as part of the official records of the Town of
Estes Park.
Dated this day of , 2012.
Town Clerk
Estes Valley Fire Protection
District Memo
To: Honorable Mayor Pinkham
Board of Trustees
Administrator Lancaster
From: Tim Spears, Fire Marshal
Date: June 8, 2012
RE: Ordinance #07-12 Amending Municipal Code Chapter 9.10 – Fireworks
Background:
The Estes Valley Fire Protection District has adopted the 2009 International Fire Code
with Resolution No. 2011-01. The 2009 International Fire Code authorizes the fire code
official to issue operational permits for operations set forth within the code e.g.
explosives. Currently the Board of Trustees may grant permits for public displays of
fireworks.
The following are recommendations for amending Estes Park Municipal Code, Chapter
9.10 Fireworks:
Amending section 9.10.010 Definitions to include and delete the following:
(1) Fireworks means any article, device or substance prepared for the primary
purpose of producing a visual or auditory sensation for entertainment
purposes by combustion, explosion, deflagration or detonation that meet the
definition of fireworks set forth within the adopted fire code of the Estes
Valley Fire Protection District which is applicable with the Town. including,
without limitation, the following articles and devices commonly known and
used as fireworks: toy cannons, or toy canes in which explosives are used,
blank cartridges, the type of balloon which requires fire underneath to propel
it, firecrackers, torpedoes, skyrockets, rockets, Roman candles, dayglo
bombs and torches, or other fireworks of like construction and any fireworks
containing any explosive or flammable compound, or any tablets or other
device containing any explosive substance.
(2) Fireworks does not include:
a. Toy caps which do not contain more than twenty-five hundredths (.25)
of a grain of explosive compound per cap;
b. Sparklers, trick matches, cigarette loads, trick noisemakers, toy smoke
devices and novelty auto alarms; or
c. Highway flares, railway fuses, ship distress signals, smoke candles
and other emergency signal devices.
Amending section 9.10.020 Restrictions to include and delete the following:
It is unlawful for any person to offer for sale, expose for sale, sell, lend, give away,
set fire to, discharge, use, explode or have in his or her possession with intent to offer
for sale or use or to explode, any fireworks within the Town except as provided in this
Code unless a permit has been granted pursuant to Section 9.10.030 of this Code.
Amending section 9.10.030 Permits for display to include and delete the following:
The Estes Valley Fire Protection District shall be responsible for granting permits
within the Town for supervised public displays of fireworks by any organization,
including the Town.
The Board of Trustees may grant permits, within the Town, for supervised public
displays of fireworks by the Town, fair associations, amusement parks and other
organizations and groups. Such organizations or groups desiring such a permit shall
file with the Town Clerk a written application for a permit. The application shall include
the name of the organization or group; the date of the proposed public display of
fireworks; the name of the person or persons who will operate the display; and the
nature and type of fireworks to be displayed. The application shall be signed by the
president or other principal officer of the organization or group making the application.
The application must be filed at least fifteen (15) days in advance meeting of the Board
of Trustees at which it is to be considered. Every display shall be handled by a
competent operator and shall be of such character and so located, discharged and fired
as not to be hazardous to property or endanger any person. Before a permit is granted,
the operator, location and handling of the display shall be approved, after investigation,
by the Fire Chief or his or her authorized agent. No permit shall be transferable or
assignable.
(b) No permit shall be required for such public display of fire works by any county or
district fair duly organized under the laws of the State.
The proposed amendments to the Municipal Code would need to be approved through
the approval of an ordinance, sample attached, and therefore, the item would need to
be an action item for the Board.
Budget:
N/A
Staff Recommendation:
The Estes Valley Fire Protection District recommends the approval of amendments to
the Municipal Code Chapter 9.10 Fireworks.
Sample Motion:
I approval/deny Ordinance #07-12 Amending Municipal Code Chapter 9.10 – Fireworks
of the Amendments.
To: Honorable Mayor Pinkham
Town Board of Trustees
Town Administrator Lancaster
From: Bo Winslow, Events and Fairgrounds Manager
Date: June 12, 2012
RE: Approval of Design Team for Stall Barn and Master Plan for NW Quadrant
Background:
Staff has received four proposals in response to the Town’s Request for Proposals
(RFP) for the design of the Stanley Park 100 Stall Facility. The scope of work in this
RFP includes programming uses and master planning the northwest quadrant of the
fairgrounds for potential uses. Development of the northwest quadrant may include
additional infrastructure, buildings, 200 additional stalls and integration of temporary tent
structures in the complex.
The RFP includes the proposed 100 stall building design, the surrounding site
development, master planning and supportive infrastructure necessary to the Stanley
Park Stall Barn Facility. One of the most crucial stages of the entire master plan is to
identify potential safety concerns for livestock, participants and guests. This process
will also identify the ideal flow of the facility as well as maximize the use of the facility.
In this design process, it will be necessary to identify the locations of future buildings so
infrastructure can be designed accurately and efficiently.
The Town received four proposals for this project from Thorp Associates, Kenney
Associates, Norris Design, and T.W. Beck Architects. A Stakeholders Committee
(Consultant Selection Committee) was formed to evaluate the proposals. This
Committee consists of two Trustees and Town staff. The Committee discussed the
RFP to fully understand the scope of the project. Public Works sent out an evaluation
sheet to each Committee member to fill out. Based on the evaluation sheets and the
proposals submitted, the Committee found Norris Design to be the best fit for the Town.
Norris Design’s bid is the high bid of the project and the Committee feels as though the
extra money spent in the beginning will be beneficial to the project in the end.
It is important to know this is more than just designing a stall barn. This project will
design the stall barn/barns, design a “complex” that future development will follow,
Community Services Memo
design supporting infrastructure and detailed master planning of the site. This process
will drill down into the previous master plans and start the detailed planning and design
process. The Committee feels that Norris Design has a strong land planning
background with agricultural project expertise. Norris Design team has an extensive list
of successful similar projects and is the firm that will give the town the most creative,
compelling and efficient option possible.
The Norris Design proposal includes an exceptional team of consultants and a project
approach that best addresses the RFP and Town needs. Norris Design’s approach was
developed well beyond other proposers to address project programming and
development. In particular, they propose bringing in a world-class agricultural
consultant, Priefert Complex Designs, whose involvement in the design process early
on ensures an exceptional agricultural/equestrian facility and venue.
Once the agreement is approved a stakeholders group will be formed to assist Norris
Design in understanding the needs and use of the facility. This group will be composed
of Town Trustees, Town Staff and key users of the facility. This group will meet
throughout the process to assist Norris Design with the appropriate direction.
Norris Design brings a team that will walk the Town through the processes necessary to
build the desired facility. They will hold meetings to assist the Town with a full
understanding of what the program needs are for the facility. Norris Design will also
provide the Town with design concepts for the site. This will assist the Town in making
the best decision possible in regards to the facility and the customer needs.
Staff contacted Norris Design to further discuss their proposal. Norris Design has
lowered their original fee to better represent the scope of the project. Norris Design has
also added local company Van Horn Engineering as a surveying consultant.
Attached is Norris Designs Methods and Means Outline as well as their fee structure.
Budget:
The funds for this project are budgeted in the CRF. The proposed fee is $154,920.
Staff Recommendation:
Staff recommends approval of the contract with Norris Design.
Recommended Motion:
I recommend approval/denial of contract with Norris Design to work on design of Stall
Barn and Master Plan of NW Quadrant of the Fairgrounds at Stanley Park.
111 Main Street, Suite 1A
PO Box 2320
Frisco, Colorado 80443
970.485.4478
May 30, 2012
Town of Estes Park
Attn: Mr. Scott Zurn, Public Works Director
PO Box 1200
170 MacGregor Avenue, Room 100
Estes Park, CO 80517
RE: Request for Proposals Consulting Services – Stanley Fairgrounds 100 Unit Stall Barn Facility
Dear Scott, Members of the Stakeholders Committee and Town Board of Trustees,
Norris Design, Priefert Complex Designs, O’Bryan Partnership and all of our consultant team are thrilled to
have been selected by the Stakeholders Committee to complete the Stanley Fairgrounds 100 Unit Stall Barn
Facility.
In order to meet the needs of the Town, we have closely examined our proposed fixed fee and have
adjusted it from our original estimate by nearly $50,000. The proposed reduced fixed fee amount is outlined
in more detail in the attached spreadsheet. This will include fee for all phases of the project and is detailed
in the attached updated Methods and Means approach. In addition, we have added a local surveying firm to
our team, Van Horn Surveying.
We also understand that the schedule for construction of the 100 Unit Stall Barn Facility may have changed
from the original proposal, and we will work with the Town to ensure that all deadlines are met.
Thank you again for the opportunity to work with you. If you have any questions, please call me at 970-368-
7068 or email me at escott@norris-design.com
Sincerely,
Elena Scott, LEED AP
Principal
Methods and Means Outline
Final Draft 5/30/12
Phase 1 - Program Development / Site Master Plan
A. Project Kick-off Week 1 – 6/11
a. Norris Design will schedule and facilitate a 2-day team kick-off meeting with the
Stakeholders Committee, Town Staff and key consultant team members. The
meeting will be serve to develop the final schedule, establish critical milestone dates,
identify stakeholders and discuss critical success factors.
Day 1
b. Norris Design will facilitate a visioning session with the group to discuss overall goals
for the project, master plan programming, budget and sustainability framework.
c. The team will attend a site visit with Town Staff and members of the Stakeholders
Committee.
d. Following the initial kick-off sessions, the consultant team will hold an afternoon
charrette to accomplish the following tasks:
i. Develop 2-3 conceptual Master Plans including the full development of the
northwest quadrant of the site, including additional barns, temporary stall
tents, etc.
ii. Identify elements creative and unique to Estes Park, while functionally
appropriate and accommodating for visitors, contestants, animals
iii. Create flexibility in the conceptual Master Plan to allow for a variety of uses
to occur on the site and within the proposed Stall Barn Facility
iv. Develop 2-3 conceptual elevations for the Stall Barn
Day 2
e. Present Master Plan Concepts to Stakeholders Committee
f. Present Master Plan Concepts and programming to the Town Board in a work
session.
B. Information Gathering Week 1 and 2 – 6/11 - 6/18
a. Mobilize surveying crew for the Master Plan study area
b. Review existing codes, plans, demographic information, etc.
Visitor Projections/Demographic
Cultural Aspects
Population Projections
Demographic Data
Mission Statement
Comprehensive Plan
Stanley Park Master Plan
Stanley Park Parking Lot/Transportation Hub
Stanley Park Drainage Master Plan
Stanley Park Design Criteria
Town Code
C. Site Master Plan Development Week 2 – 6 /18
a. After the kick-off meetings, the team will work to further develop one Master Plan
concept based on input from the programming charrette and work sessions held with
the Stakeholders and Town Board.
b. O’Bryan Partnership will further develop a minimum of two design schemes to
present to the Town for consideration, accompanied by an opinion of probable costs
to assist with evaluation of the schemes.
c. The revised Master Plan and Elevations will be submitted electronically to the Town
Staff and Stakeholders Committee.
i. At this time, Norris Design will being hosting weekly conference call
meetings for the consultant team, Town Staff and Stakeholders Committee.
Norris Design will send weekly agendas for the meetings along with notes
from previous meetings. These meetings will serve to keep the critical path
schedule and ensure timely completion and resolution of any potential
issues. Norris Design will coordinate with the Town’s public information staff
to ensure transparency in the process and provide notes and documents as
requested.
d. The team will refine the Master Plan and Elevations based on comments from Town
Staff and the Stakeholders Committee. This Master Plan and Elevations will become
the basis for the Location and Extents submittal (Phase 2) and budgeting.
D. Fiscally Constrained Program Development Week 3 - 6/25
a. Norris Design will schedule and facilitate a work session with Town Stakeholders and
the Town Board. Funding alternatives and financing will be determined at this
meeting.
b. Following presentation to the Town Board, the team will refine the Master Plan to
integrate comments and develop a final opinion of probable costs.
c. Norris Design and team will develop presentation graphics that will aid the
stakeholders and the Town Board in achieving a consensus and finalizing the fiscally
constrained program.
E. Develop Final Site Master Plan, Final Opinion of Probable Costs, including limits of work for
Stall Barn Facility improvements Weeks 3 and 4 – 6/25 to 7/9
Phase 1 Deliverables:
1. Prepare Finalized Schedule
2. Prepare Kick-off Meeting Memo (including Critical Success Factors)
3. Prepare Meeting Agendas and Notes
4. Develop 2-3 Conceptual Master Plans
5. Develop 2-3 Conceptual Elevations for Stall Barn
6. Develop Detailed Master Plan Program
7. Prepare Survey Data for the study area
8. Prepare Final Site Master Plan and Elevations
9. Prepare Opinion of Probable Costs
10. Attend Work Session with Town Board
11. Prepare 11x17” format Work Session Report - (1 electronic and paper copy)
Phase 2 - Schematic Design / Design Development
A. Using survey data and the Site Master Plan created in Phase 1, the team will develop a
Schematic Design Plan for the improvement area. Week 6 – 7/16
a. The Schematic Design Plan will be prepared following guidelines for the Town’s Site
Development Plan Location and Extents Submittal.
b. Norris Design and team will prepare drawings required as outlined in Appendix B,
Development Plan Submittal Requirements.
c. The Plans will be delivered to the Planning and Zoning Department.
B. During this phase, the team will begin to establish Design Quality Criteria, ensure that Stanley
Park Criteria is being met, and establish Accessibility requirements and needs. Week 6 – 7/`6
a. Norris Design and O’Bryan Partnership shall ensure that the Stanley Park Historic
Design guidelines are being met with the Schematic Design Plan and architectural
elevations.
b. Nolte V5 and O’Bryan Partnership will work with the team to ensure that accessibility
guidelines are being met.
C. Utilities Site Design Criteria Week 6 – 7/16
a. Nolte V5 will work with the team and Town Staff to identify the improvements to the
utilities and the site to serve the projects, including connections to the existing
drainage system and water line. The team will assist the Town to identify which
sanitation district will be serving the development. The consultants shall assist the
Town in determining the best alternative for the Town regarding site development
constraints and utility requirements.
D. Energy Design Criteria Week 7 – 7/23
a. Nolte V5, MKK and Priefert will identify energy needs for the projects, including the
Stall Barn Facility.
b. Sustainable energy sources will be considered and finalized.
E. Norris Design will present the Schematic Design Plan / Location and Extents submittal to the
Estes Valley Planning Commission. Week 7 – 7/23
Phase 2 Deliverables:
1. Prepare Schematic Design Plan / Site Development Plan Location and Extents Submittal Drawing
Set (24”x36”)
2. Prepare Meeting Agendas and Notes
3. Updated Opinion of Probable Costs
4. Develop Suggested Construction Schedule
5. Prepare Utilities and Energy Site Design Criteria
6. Prepare Power Point Presentation for Estes Valley Planning Commission
7. Provide Minor Revisions to Schematic Design Plan / Site Development Plan Location and Extents
Submittal Drawing based on Planning Commission and Town Staff Review
Phase 3 - Final Design/Construction Documents
A. Mobilize geotechnical borings and study for the stall barn building location
B. The team will begin the preliminary construction documents for the Stanley Park Stall Barn
Facility and the Civil Site (on site and off site) Work bid documents. The consultants shall
provide complete Architectural and Engineering services for building components, mechanical
and electrical systems, foundation and structural design, civil and geo-technical engineering
and drainage engineering. These individual bid sets will be in a format that is acceptable to the
Town and in conformance with industry standards, and streamlines the bid document review
process. Week 8 – 7/30
a. Drawing Set (24”x36”) to include: Architectural Floor Plans, Elevations and Sections;
Existing Information and Removals Plan, Site Plan, Grading Plan, Utility Plan,
Drainage Plan, Structural Drawings and Details, MEP Drawings and Details
C. Obtain approvals from Other Agencies (CDHE, Army Corps, CDOT, Bureau of Reclamation,
Town) Week 9 – 8/6
D. Prepare the final bid documents, including any alternates. Week 10 – 8/13
Phase 3 Deliverables:
1. Prepare Meeting Agendas and Notes
2. Prepare 2 Copies CD Plan Drawing Set (24”x36”)
3. Prepare 2 copies Drainage and Erosion Control Letter
4. Prepare Building/Planning Department Review Documents
5. Prepare Signed and Sealed Final Documents- (1 electronic and 2 original paper copies)
6. Prepare Independent Bid Documents for the following: STANLEY PARK STALL BARN FACILITY,
Civil Site Work and Utilities (ON AND OFF SITE)
7. Prepare 1 set of drawings in reproducible Mylar format,
8. Prepare 2 ACAD copies on CD
9. 2 original copies of structural calculations signed and sealed
10. Prepare Geo-technical Report (including 4 borings and lab analysis)
Phase 4 - Bidding
A. Develop three separate and distinctive bid documents so the Town can solicit Bids separately or
together for the following. Week 11 – 8/20
1 - STANLEY PARK STAL BARN FACILITY-BLDG
2 - Civil Site Work and Utilities (on and off site)
B. Bid / Award Project Week of Week 12 – 8/27
a. Prepare bid documents and forms
b. Attend pre-bid meetings
c. Answer questions and provide clarification during bidding
d. Prepare addenda if necessary
e. Assist in evaluation of bids and alternatives
Phase 4 Deliverables:
1. Develop and prepare bid documents and forms (digital copy)
2. Prepare Meeting Agendas and Notes
3. Prepare Addenda and Clarifications
Phase 5 - Construction Services Week 13 – 30, 9/3 to January 2013**
A. Attend preconstruction meeting.
B. Issue and evaluate supplementary instructions, proposal requests.
C. Review and evaluate all submittals and shop drawings for conformance with bid documents.
The consultant shall provide a copy of approved submittals to the Town.
D. Perform site observations as needed to verify compliance with contract and bid documents.
E. Where field conditions differ from contract documents or disputes arise regarding the bid
documents the consultant shall assist in the resolution of issues with the Town.
Phase 5 Deliverables:
1. Prepare Meeting Agendas and Notes,
2. Issue and evaluate supplementary instruction
3. Respond to Requests for Information and proposal requests
4. Review and evaluate all submittals and shop drawings
5. Conduct field visits
**NOTES:
1 - Changes made to plans after CD phase may be considered additional services.
2 - Schedule for construction administration services will be determined during bidding phase with contractor
to ensure efficiency. Consultant team fees do not include meetings from the period of foundation being
poured throughout the winter, but anticipate a gap between construction service needs during the time in
which the contractor is not working at the building on site.
Exclusions:
Traffic Impact Analysis
Landscape Architecture CDs
Irrigation Design and CDs
Estes Park Stall Barn Facility
Budget Outline - Updated 5/30/12
Firm Role: Planner / PM Equestrian Architect Civil Survey Structural Geo-tech MEP
Firm Name: Norris Design Priefert O'Bryan NV5 Van Hom KL&A Kumar MKK TOTAL
Phase
1 - Project Development Phase / Site Master Plan Phase
A. Project Kick-off $4,000.00 $1,600.00 $2,760.00
B. Information Gathering $800.00 $800.00 $0.00 $2,000.00 $1,615.00
C. Site Master Plan Development $2,000.00 $800.00 $210.00
D. Fiscally Constrained Program Development $1,200.00 $1,120.00 $690.00
E. Develop Final Site Master Plan $2,000.00 $400.00 $210.00
$10,000.00 $4,720.00 $3,870.00 $1,000.00 $2,000.00 $1,615.00 $2,000.00 $25,205.00
2 - Schematic Design Phase
A. Develop a Schematic Design Plans $3,000.00 $2,160.00 $2,050.00
B. Meet and get input from Stakeholders Committee $1,200.00 $640.00 $840.00
C. Design Quality Critera $200.00 $800.00 $860.00
D. Utilities Site Design Criteria $200.00 $0.00 $170.00
E. Energy Design Criteria $200.00 $400.00 $760.00
F. Town Board Work Session $2,000.00 $1,840.00 $1,380.00
G. Town Submittal $4,400.00 $0.00 $1,630.00
$11,200.00 $5,840.00 $7,690.00 $3,000.00 $2,000.00 $29,730.00
3 - Design Development Phase / Final Design/Construction Document
Phase
A. Preliminary Bid Documents $2,000.00 $1,280.00 $13,310.00 $1,280.00
B. Planning Commission Approval $2,050.00 $540.00
C. Agency Approvals $500.00 $540.00
D. Town Board Approval $2,050.00 $540.00
$6,600.00 $1,280.00 $14,930.00 $14,010.00 $1,280.00 $15,000.00 $53,100.00
4 - Bidding Phase
A. Develop Final Bid Documents $1,200.00 $1,600.00 $4,940.00
B. Bid Process $800.00 $0.00 $760.00
$2,000.00 $1,600.00 $5,700.00 $3,000.00 $12,300.00
5 - Construction Services Estimate
A. Pre-Construction Meeting $800.00 $840.00
B. Issue and Evaluate Instructions and Evaluation Requests $1,200.00 $960.00
C. Submittal Reviews $800.00 $2,490.00
D. Site Observations $800.00 $2,900.00
E. Issue Resolution $1,200.00 $2,620.00
$4,800.00 $9,810.00 $1,000.00 $15,610.00
TOTAL $34,600.00 $13,440.00 $42,000.00 $21,010.00 $2,000.00 $10,000.00 $2,895.00 $20,000.00 $145,945.00
$3,000.00
$3,000.00
$2,300.00
$675.00
$8,975.00
$154,920.00
Other (Drilling - geo-tech)
TOTAL Expenses
GRAND TOTAL
EXPENSES
Mileage
Travel
Printing
Consultant Contract 1 of 8
Town of Estes Park
Public Works Department
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and
entered into this 12th day of June, 2012, by and between the Town of Estes Park, County of
Larimer, State of Colorado (the “Town”) and Norris Design an independent contractor
(“Consultant”).
WHEREAS, the Town requires professional engineering services related to the project
Stanley Fairgrounds 100 Unit Stall Barn Facility;
WHEREAS, Consultant has held itself out to the Town as having the requisite expertise
and experience to perform the required engineering services;
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
I. SCOPE OF SERVICES
A. Consultant shall furnish all labor and materials required for the complete and
prompt execution and performance of its duties, obligations, and responsibilities (the “Work”)
which are described or reasonably implied in the Consultant’s proposal dated April 24th, 2012
and the original PW “Request for Proposal, March 30th, 2012”), both attached hereto as Exhibit
A and incorporated herein by this reference.
B. No material change to the Scope of Services, including any additional
compensation, shall be effective or paid unless authorized by written amendment 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.
II. REPORTS, DATA, AND WORK PRODUCT
A. The Town shall provide Consultant with reports and such other data as may be
available to the Town and reasonably required by Consultant to perform the Scope of Services.
All documents provided by the Town to Consultant shall be returned to the Town. Consultant is
authorized by the Town to retain copies of such data and materials at Consultant's expense.
B. Other than sharing information with designated third parties as previously
directed by the Town, no project information shall be disclosed by Consultant to third parties
without prior written consent of the Town or pursuant to a lawful court order directing such
disclosure.
C. The Town acknowledges that the documents created by Consultant for the
Project, including but not limited to drawings, designs, specifications, reports, and incidental
Consultant Contract 2 of 8
work or materials (the “Work Product”), are instruments of professional service. Nevertheless,
copies of the Work Product shall be provided to the Town and other contractors and
subcontractors shall be authorized to use and reproduce applicable portions of the Work Product
that are appropriate to use in the execution of their work related to the Project. The Work Product
shall become the property of the Town upon completion of the Work. Consultant, however, shall
retain its rights in its standard drawing details, designs, specifications, databases, computer
software and any other proprietary property and all rights to any intellectual property developed,
utilized, or modified in the performance of the Work.
D. Consultant shall provide to the Town electronic versions of the Work Product in
the format directed by the Town’s RFP.
III. COMPENSATION AND FINAL SETTLEMENT
A. In consideration for the completion of the Work by Consultant, the Town shall pay
Consultant an amount equal to the firm-fixed price extended in Exhibit A, which is one hundred
fifty-four thousand, nine hundred twenty dollars ($154,920). The amount specified herein shall
include the fees and expenses anticipated to be incurred by Consultant in performing all
services hereunder, as described in Exhibit A. The amount specified herein shall exclude the
fees and expenses anticipated to be incurred by others in performing the work described in
Exhibit A, as well as the Schedule of Activities in Section 1.5 of the RFP.
B. If, on the basis of the Town’s observation of the Work and the Town's review of
the final invoice and accompanying documentation as required by this Agreement, the Town is
satisfied that the Work has been completed and Consultant’s other obligations under this
Agreement have been fulfilled, the Town will, within forty-five (45) days after receipt of the final
invoice pay the amount due. Otherwise, the Town will return the invoice to Consultant, indicating
in writing the reasons for refusing to schedule final settlement, in which case Consultant shall
make the necessary corrections and resubmit the invoice.
IV. COMMENCEMENT AND COMPLETION OF WORK
Within seven days of receipt of a Notice to Proceed, Consultant shall commence work as
set forth in the Scope of Services or that portion of such work as is specified in said Notice.
Except as may be changed in writing by the Town, the Scope of Services shall be complete and
Consultant shall furnish the Town the specified deliverables as provided in Exhibit A.
V. PROFESSIONAL RESPONSIBILITY
A. Consultant hereby warrants that it is qualified to perform the Work, holds all
professional licenses required by law to perform the Work, and has all requisite corporate
authority to enter into this Agreement.
B. The Work 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 Work 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
Consultant Contract 3 of 8
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 construction 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 the work. Neither the Town's review, approval, or
acceptance of, nor payment for, any of the Work shall be construed to operate as a waiver of
any rights under this Agreement or of any cause of action arising out of the performance of this
Agreement.
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 project designed by Consultant pursuant to the terms
and conditions of this Agreement. 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 project. Consultant also understands and agrees that part of the services to be provided
pursuant to the terms of this Agreement are construction services which require independent
judgment of Consultant in the representation of the Town with regard to construction of the
project. Consultant understands and agrees that the Town is relying upon the independent
judgment of Consultant with regard to the services provided herein.
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 Agreement, 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 Agreement.
VI. INSURANCE
A. Consultant agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by Consultant pursuant to this Agreement. Such insurance shall be in addition to any
other insurance requirements imposed by law.
B. Consultant shall procure and maintain, and shall cause any subcontractor of
Consultant to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurers acceptable to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended reporting
periods shall be procured to maintain such continuous coverage.
1. Worker's compensation insurance to cover obligations imposed by
applicable law for any employee engaged in the performance of work under this
Agreement, and Employer's Liability insurance with minimum limits of five hundred
thousand dollars ($500,000) each accident, five hundred thousand dollars ($500,000)
disease – policy limit, and five hundred thousand dollars ($500,000) disease – each
Consultant Contract 4 of 8
employee. Evidence of qualified self-insured status may be substituted for the worker's
compensation requirements of this paragraph.
2. Commercial general and automobile liability insurance with minimum
combined single limits of one million dollars ($1,000,000) each occurrence and two
million dollars ($2,000,000) general 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 interest
provision, and shall be endorsed to include the Town and the Town's officers, and
employees as additionally insured. No additional insured endorsement shall contain any
exclusion for bodily injury or property damage arising from completed operations.
3. Professional liability insurance with minimum limits of one million dollars
($1,000,000) each claim and one million dollars ($1,000,000) general aggregate.
C. Any insurance carried by the Town, its officers, its employees, shall be excess
and not contributory insurance to that provided by Consultant. Consultant shall be solely
responsible for any deductible losses under any policy.
D. Consultant shall provide to the Town a certificate of insurance, completed by
Consultant's insurance agent, as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect. The certificate shall identify this
Agreement and shall provide that the coverages afforded under the policies shall not be
cancelled, terminated, or materially changed until at least thirty (30) days prior written notice has
been given to the Town. The Town reserves the right to request and receive a certified copy of
any policy and any endorsement thereto.
E. Failure on the part of Consultant to procure or maintain the insurance required
herein shall constitute a material breach of this Agreement upon which the Town may
immediately terminate this Agreement, or at its discretion, the Town may procure or renew any
such policy or any extended reporting period thereto and may pay any and all premiums in
connection therewith, and all monies so paid by the Town shall be repaid by Consultant to the
Town upon demand, or the Town may offset the cost of the premiums against any monies due
to Consultant from the Town.
VII. INDEMNIFICATION
Consultant agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representatives, agents, employees and assigns from and against all claims, liability,
damages, losses, expenses and demands, including attorney's fees, on account of injury, loss, or
damage, including, without limitation, claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, which arise out of the negligent act, omission, error,
professional error, mistake, negligence, or other negligent fault of Consultant, any subcontractor
of Consultant, or any officer, employee, representative, or agent of Consultant or of any
subcontractor of Consultant, or which arise out of any workmen's compensation claim of any
employee of Consultant or of any employee of any subcontractor of Consultant. In any and all
claims against Town or any of its officers, insurers, volunteers, representatives, agents,
employees or assigns, by any employee of Consultant, any subcontractor of Consultant, anyone
directly or indirectly employed by any of them or anyone for whose act any of them may be liable,
Consultant Contract 5 of 8
the indemnification obligation under this Section VII shall not be limited in any way by any limitation
on the amount or type of damages, compensation or benefits payable by or for Consultant or any
subcontractor under worker’s compensation actions, disability benefit acts or other employee
benefit acts. In the event it becomes necessary for the Town to bring any action to enforce any
provision of this Agreement or to recover any damages the Town may incur as a result of the
breach of this Agreement, including, but not limited to, defective work, and the Town prevails in
such litigation, Consultant shall pay the Town its reasonable attorneys’ fees as determined by the
court.
VIII. TERMINATION
This Agreement shall terminate at such time as the Work is completed and the
requirements of this Agreement are satisfied, or upon the Town's providing Consultant with
seven (7) days advance written notice, whichever occurs first. If the Agreement is terminated by
the Town's issuance of written notice of intent to terminate, the Town shall pay Consultant the
reasonable value of all work previously authorized and completed prior to the date of
termination. If, however, Consultant has substantially or materially breached this Agreement,
the Town shall have any remedy or right of set-off available at law and equity. If the Agreement
is terminated for any reason other than cause prior to completion of the Work, any use of
documents by the Town thereafter shall be at the Town's sole risk, unless otherwise consented
to by Consultant.
Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado
Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the
Town’s obligations under this Agreement are subject to annual appropriation by the Town Board
of the Town. Any failure of the Town Board annually to appropriate adequate monies to finance
the Town’s obligations under this Agreement shall terminate this Agreement at such time as
such then-existing appropriations are to be depleted. Notice shall be given promptly to
Consultant of any failure to appropriate such adequate monies.
IX. CONFLICT OF INTEREST
The Consultant shall disclose any personal or private interest related to property or
business within the Town. Upon disclosure of any such interest, the Town shall determine if the
interest constitutes a conflict of interest, including Section V-E. If the Town determines that a
conflict of interest exists, the Town may treat such conflict of interest as a default and terminate
this Agreement.
X. INDEPENDENT CONTRACTOR
Consultant is an independent contractor. Notwithstanding any other provision of this
Agreement, all personnel assigned by Consultant to perform work under the terms of this
Agreement shall be, and remain at all times, employees or agents of Consultant for all
purposes. Consultant shall make no representation that it is a Town employee for any
purposes.
XI. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado, and any legal action concerning the provisions hereof shall be brought in
Larimer County, Colorado.
Consultant Contract 6 of 8
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or
breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms
or obligation of this Agreement.
C. Integration. This Agreement and any attached exhibits constitute the entire
Agreement between Consultant and the Town, superseding all prior oral or written
communications.
D. Third Parties. There are no intended third-party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre-paid, first class United States Mail, addressed as
follows:
The Town: Town of Estes Park, Public Works Department
Scott Zurn, P.E., Director of Public Works
PO Box 1200
Estes Park, CO 80517
970-577-3582
Consultant: Norris Design
Elena Scott, LEED AP
1101 Bannock Street
Denver, CO 80204
Ph. (303)892-1166
F. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall
remain in full force and effect.
G. Modification. This Agreement may only be modified upon written agreement of
the parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the
parties hereto, shall be assigned by either party without the written consent of the other.
I. Governmental Immunity. The Town, its officers, and its employees, are relying
on, and do not waive or intend to waive by any provision of this Agreement, the monetary
limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred
thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers or employees.
J. Rights and Remedies. The rights and remedies of the Town under this
Agreement are in addition to any other rights and remedies provided by law. The expiration of
this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in
which such remedies may be asserted, for work negligently or defectively performed.
K. Binding Effect. The Town and Consultant each bind itself, its successors and
assigns to the other party to this Agreement with respect to all rights and obligations under this
Consultant Contract 7 of 8
Agreement. Neither the Town nor Consultant shall assign or transfer its interest in this
Agreement without the written consent of the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first set forth above.
OWNER: CONSULTANT:
TOWN OF ESTES PARK, COLORADO _____________________________
By: ______________________________ By: __________________________
Mayor
Title: Principal
Address: _____________________
_____________________________
ATTEST: ATTEST:
By: ______________________________ By: __________________________
Town Clerk
(SEAL) (SEAL)
Other Partners:
_________________________________ _____________________________
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Director
Date: June 12, 2012
RE: Estes Valley Planning Commission Appointments
Background:
The Estes Valley Planning Commission is a joint Town/County commission that reviews
land use applications within the Estes Valley and is responsible for comprehensive
planning. The commission consists of seven volunteer appointed members.
Two positions are open. Staff posted the positions in the Estes Park Trail-Gazette and
received four applications. An interview team consisting of Trustee Norris, Planning
Commission Chair Klink, and Community Development Director Alison Chilcott/Planner
Dave Shirk interviewed the applicants. The team recommends appointing:
▪ Tom Gresslin to complete Alan Fraundorf’s term expiring December 31, 2012.
Tom Gresslin retired to Estes Park approximately eight years ago. His
professional background is in accounting and business, working as a college-
level professor and Chief Accountant for Rockwell International. He has attended
and participated in Estes Valley Planning Commission and Estes Valley Board of
Adjustment meetings. He is a past member of the Garland Texas Planning and
Zoning Commission (250,000 population).
▪ Kathryn Bowers to complete Ron Norris’s term expiring December 31, 2014.
Kathryn (Kathy) Bowers moved to Estes Park a few years ago after visiting and
vacationing here for 50+ years. Her professional background is in the arts. She is a
professor of music at Webster University, a choral director and vocalist. She is
involved in a number of local volunteer activities including serving on the Boards of
Supporters of the Performing Arts (SOPA), Ranch Meadow Condominium
Association Board, and Oratorio Society of Estes Park.
Community Development Memo
Page 2
Budget:
N/A
Interview Team Recommendation:
The team recommends appointing Tom Gresslin and Kathryn (Kathy) Bowers.
Sample Motion:
I move to appoint (or not appoint) Tom Gresslin to the Estes Valley Planning Commission to
complete Alan Fraundorf’s term expiring December 31, 2012.
I move to appoint (or not appoint) Kathryn (Kathy) Bowers to the Estes Valley Planning
Commission to complete Ron Norris’s term expiring December 31, 2014
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Alison Chilcott, Director
Date: March 27, 2012
RE: Estes Valley Board of Adjustment Appointments
Background:
The Estes Valley Board of Adjustment is five-member, joint Town/County board that
reviews requests for variances to the Estes Valley Development Code. Two members
are appointed by the Larimer County Board of County Commissioners; three members
by the Town of Estes Park Board of Trustees; one alternate member is jointly appointed
by the Board of County Commissioners and Town Board of Trustees.
The jointly appointed position is vacant. Jeff Morreau, current Board of Adjustment
member, previously served in this position. An interview team consisting of Trustee
Elrod, Board of Adjustment Chair John Lynch, Creative Sign Board Chair Art Blume,
and Director Alison Chilcott interviewed three candidates. The team recommends
appointing:
▪ Robert Christian for a three-year term starting July 1, 2012 and expiring June 30,
2015.
Robert (Chris) Christian retired to Estes Park approximately eight years ago.
His professional experience is as a naval office holding degrees in electrical
engineering and engineering administration. He has served on the Douglas
County Building Board of Appeals and the Perry Park Water and Sanitation
District.
Budget:
N/A
Interview Team Recommendation:
The interview team recommends appointing Robert (Chris) Christian.
Sample Motion:
I move to appoint (or not appoint) Robert (Chris) Christian to the Estes Valley Board of
Adjustment for a three-year term expiring June 30, 2015.
Community Development Memo
Page 1
FINANCE Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Steve McFarland – Finance Officer
Date: June 26th, 2012
RE: First Quarter (2012) Financial Report
Background:
Attached is the 1st Quarter Sales Tax and Financial report for 2012. The sales tax
information includes January – March, 2012, while the financial data is provided through
April 2012.
The Financial Indicator slide provides information in four key areas:
• General Fund: Due to timing (March sales tax data received after closing of April
books), sales tax is only reported through February 2012 in this section. “Other”
revenues of $935,360 include use tax ($50k), property tax ($130k), franchise
fees ($135k), licenses & permits ($290k), intergovernmental ($135k),
interest/rents ($70k), and charges for services ($35k). Major expenditure
categories are all well within budgeted parameters (25.7% of budget expended
with 33.0% of year completed). “Transfers Out” are slightly higher than budget
because 100% the Medical Fund transfer was made in January, in order to
“seed” the Fund.
• Sales Tax: First quarter sales tax is 9.2% ahead of budget, and 12.1% ahead of
1st quarter 2011. Bearing in mind that the 1st quarter historically represents only
about 13% of the total fiscal year, it is encouraging that the year has begun on
such on strong note.
• Enterprise (Utility) Funds: In aggregate, utility revenues are on target with
budget. Staff is closely monitoring L&P revenues, as they are currently lagging
expectations. Perhaps this is the flip side of strong sales tax revenues. With the
warm weather, sales tax collections are on record pace – however, warm
weather is not so friendly to electric revenues, as demand was below
expectations for the first quarter. Expenditures (27.2%) are well within budgeted
parameters. As is the case with the General Fund, part of the reason
expenditures are so low is because capital projects usually are not undertaken
until spring/summer.
Page 2
FINANCE Memo
• Investments: A municipality’s investment universe is limited to interest-rate
sensitive instruments, including money markets, CDs, US Treasuries and US
Instrumentalities. The drop in interest rates from 2008 (~4.75%) to today (~
0.20%) has caused over $750,000 in returns to evaporate, subsequently
affecting every Town fund. Recent legislation (HB 12-1005) has allowed
municipalities to again invest in government-backed securities that were
prohibited when the ratings agencies downgraded the US Government in 2010.
The Town has taken advantage of this, as can be seen in the increase in its
position in said securities over the past 3 months. Our investment strategy is to
keep duration (length of investment) on a very short leash – the Town does not
want to be caught disproportionately in long positions should interest rates
increase significantly.
Pertinent information included in the sales tax slides include:
• Compared to other CAST communities, Estes Park’s year over year (2012 v
2011) increase for January – March was outstanding, finishing 1st out of 21.
This is a strong number, as 2011 was also a good year for Estes Park.
• The Sales Tax Rate of Change slide show that on a 12-month moving average,
sales tax is now at a record level of $627,507/month ($7,530,086/year). This is
the top blue line, which ties to the left vertical axis. The lower maroon line,
connected with the right vertical axis, shows that sales tax is currently increasing
at an annual pace of 6.6%. For almost a year (August 2009 – August 2010),
sales tax was actually experiencing negative growth, so the current numbers are
most encouraging.
• The Sales Tax Comparison: 2010-12 slide provides detailed information about
each of the Town’s major sales tax sectors for the most recent 3 first quarters.
Retail, lodging, construction, and personal/professional are all showing double
digit gains of over 20%.
• The 1st Q Sales Tax by Category slide shows major sales tax categories in
stacked bar graph fashion. Totals are provided so that changes from year to
year can be more easily seen from top to bottom of the bar graphs.
• The Sales Tax – Categories as a % of Total slide is a companion to the bar
graph slide. The bar graph slide provides increases and decreases in volume at
a glance, whereas the %-of-total slide shows movement within the categories.
The lines shown add up to 100%. To illustrate the usefulness of the slides in
tandem, note that the bar graph slide shows that food (grocery, restaurant)
revenues have increased 7%, from $346,527 to $371,970. The proportionate
Page 3
FINANCE Memo
strength of food revenues can be seen in the %-of-total slide, which shows that
food revenues are actually less dominant as a percent of total revenues in 2012
(38%) than in 2011 (39%). Perhaps the most encouraging aspect of this graph is
to note that for the first time in several years, construction is up a tick (%). Retail
and lodging sectors are also on the rise. Utility sales tax, perhaps the most
palatable class to lose market share, has declined for two years.
Concluding thoughts
Staff is in the midst of completing the 2011 Comprehensive Annual Financial Report
(CAFR), and is confident that the report finds the Town in excellent financial condition.
The CAFR will be presented at the June 26th, 2012 Board meeting.
Budget:
N/A
Staff Recommendation:
N/A
Sample Motion:
N/A
Update:Update:
1st Quarter 2012 Financial and Sales Tax
S ld i OffiSteve McFarland –Finance Officer
Deb McDougall –Assistant Finance Officer
FINANCIAL INDICATORSFINANCIAL INDICATORS
TOWN OF ESTES PARK – THROUGH APRIL 30TH, 2012
2012 2012 % of 2012 2012 % of
Year ‐to ‐Date Budget Variance Budget Year ‐to ‐Date Budget Variance Budget
% of year elapsed> 33% % of year elapsed> 33%
REVENUES REVENUES
Sales taxes* $601,625 $8,356,212 ($7,754,587)7.2% Utility Sales $5,513,331 $16,189,428 ($10,676,097)34.1%
Other 935 360 1 822 765 (887 405)51 3%Fees/services 101 326 319 000 (217 674)31 8%
ENTERPRISE FUNDS (L&P/WATER)GENERAL FUND
Other 935 ,360 1 ,822 ,765 (887 ,405)51 .3% Fees/services 101 ,326 319 ,000 (217 ,674)31 .8%
Transfers from Enterprise 429,702 1,233,322 (803,620)34.8% Other 69,591 276,290 (206,699)25.2%
TOTAL REVENUES 1,966,687 11,412,299 (9,445,612)17.2% 5,684,248 16,784,718 (11,100,470)33.9%
EXPENSES EXPENSES
General Government 824,344 3,291,912 2,467,568 25.0% Source of Supply 1,753,520 6,577,948 4,824,428 26.7%
Public Safety 951,957 3,423,385 2,471,428 27.8% Purification 172,321 662,255 489,934 26.0%
Engineering 301,837 2,130,332 1,828,495 14.2% Distribution 956,514 3,073,266 2,116,752 31.1%
Culture ‐Recreation 204,067 979,979 775,912 20.8% Customer Accounts 260,804 897,623 636,819 29.1%
Interfund Transfers Out 819 031 2 252 364 1 433 333 36 4%Admin/General 711 001 2 332 210 1 621 209 30 5% Interfund Transfers Out 819 ,031 2 ,252 ,364 1 ,433 ,333 36 .4% Admin/General 711 ,001 2 ,332 ,210 1 ,621 ,209 30 .5%
Interfund Transfers Out 304,999 854,999 550,000 35.7%
Debt Service 492,618 1,296,238 803,620 38.0%
Capital 117,718 1,833,300 1,715,582 6.4%
TOTAL EXPENSES 3,101,236 12,077,972 8,976,736 25.7% TOTAL EXPENSES 4,769,495 17,527,839 12,758,344 27.2%
NET INCREASE/DECREASE ($1,134,549) ($665,673) ($468,876)NET INCREASE/DECREASE $914,753 ($743,121)$1,657,874
*includes sales ‐related taxes through February '12
SALES TAX Jan Feb Mar Total INVESTMENTS (Fair value)Feb ‐12 Mar ‐12 Apr ‐12
Town Funds
2012 Budget 287,575 287,531 337,135 912,241 Money markets/CDs 17,533,081 17,046,900 15,212,375
2012 298,635 302,990 394,108 995,733 U.S. Treasuries 2,311,816 2,843,078 2,854,016
2011 269,817 279,569 338,799 888,185 U.S. Instrumentalities 1,508,088 2,001,938 4,002,611
2010 284,757 250,646 296,793 832,196 Total 21,352,985 21,891,917 22,069,002
FOSH 457,343 457,412 457,482
2012 vs budget 3.8% 5.4% 16.9% 9.2% 2012 data thru 04/30/12: DJIA +8.2%, S&P500 +11.2%, NASDAQ +16.9%
2012 vs 2011 10 7%84%16 3%12 1%annual pooled govt mm rate:04/30/12 =0 21%;0 15%locally2012 vs 2011 10 .7%8 .4%16 .3%12 .1% annual pooled govt mm rate: 04/30/12 0 .21%; 0 .15% locally.
SALES TAX FACTS
•1st Q of 2012 complete.
•25% of calendar year; ~13% of fiscal year.
•12% ahead of 1
st Q 2011.
•9% ahead of 2012 budget.
•Of the 21 CAST communities reporting, Estes
Park ranks #1 in year‐year change. And –lastyyg
year was a banner year!
CAST COMMUNITIES
15 0%2012 v 2011
12.1%
10.0%
15.0%2012 v 2011
8.1%
5.8%
5.2%
3.3%
7.9%
6.1%
5.0%
‐0.7%‐0.5%
1.8%
0.0%
0.9%
‐0.5%
1.7%
0.0%
‐2.5%
‐70%‐6.4%‐70%
‐2.0%
‐5.0%
‐7.0%
‐8.3%
‐7.0%‐7.5%
‐10.0%
SALES TAX RATE OF CHANGE
10%
15%
20%
500000
600000
700000
$627,507
$7,530,086
2011 = $7.42M
'2012B = $7.32M
March-12
12 Mo Rev.
0%
5%
300000
400000
500000
of
A
v
e
R
e
v
.
me
15%
-10%
-5%
100000
200000
300000
12
M
o
%
C
h
g
o
In
c
o
m
6.61%
12 Mo. ROC =March-12
-20%
-15%
0
100000
12 Mo Ave 12 mo %
SALES TAX COMPARISONS: 2010‐12
TOWN OF ESTES PARKTOWN OF ESTES PARK
2012 SALES TAX CLASSIFICATION BREAKDOWN Prior Prd Prior Prd
2012 2011 2010
BRIEF TOTAL % +/‐% +/‐% of Jan‐Mar Jan‐Mar
DESCRIPTION 1st Q 2011 2010 Total YEAR YEAR
AMUSEMENTS/RECREATION 4,838.13 ‐14% 1% 0% 5,632.05 4,772.38
AUTOMOTIVE 27,808.61 0% 9% 3% 27,935.56 25,465.31
FOOD 371,970.07 7% 9% 37% 346,526.91 339,944.93
RETAIL 147,617.12 22% 23% 15% 120,860.28 120,302.44
LODGING 178,224.96 20% 76% 18% 148,575.98 101,061.21
CONSTRUCTION 78,984.73 36% 42% 8% 57,877.20 55,551.28
PERSONAL/PROFESSIONAL 23,624.68 30% 43% 2% 18,202.32 16,569.12
UTILITIES 162 665 37 0%3%16%162 574 04 168 529 00UTILITIES162,665.37 0%‐3%16%162,574.04 168,529.00
GRAND TOTAL 995,733.67 12% 20% 100% 888,184.34 832,195.67
1st Q SALES TAX BY CATEGORY
$1 200 000
78 985
27,809 $1,000,000
$1 ,200 ,000
180,337 146,250
168,529
162,574
162,665
64,979 67,868
55,551
57,877
78 ,985
24,007 24,830
25,465
27,936
$800,000
AUTOMOTIVE
136 765
115,472
101 061
148,576
178,225
167,024
158,770
141,644
144,695
176,080
168,529
$400,000
$600,000
CONSTRUCTION
UTILITY
RETAIL
LODGING
FOOD
$320,827
$391,475 $339,945 $346,527 $371,970
136 ,765 101 ,061
$200,000
$0
2008 2009 2010 2011 2012
SALES TAX – CATEGORIES AS A % OF TOTAL
Jan Mar Re en es b %of total
45%
50%
Jan ‐Mar Re v en u es b y % of total
30%
35%
40%
20%
25%
FOOD
LODGING
RETAIL
UTILITY
CONSTRUCTION
AUTOMOTIVE
5%
10%
15%
0%
2007 2008 2009 2010 2011