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Home My WebLink AboutPACKET Town Board 1993-06-08BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 8, 1993 7:30 P.M. AGENDA PUBLIC INPUT. To cohduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated May 25, 1993. 2. Bills. 3. Committee Minutes: A. Special Events, May 27, 1993. B. Public Works, May 27, 1993. C. Community Development, June 3, 1993. D. Board of Adjustment, June 2, 1993 (acknowledgement only) . 4. Liquor License Renewals: A. Kenneth J. Gritzman, TOP OF THE PARK RESTAURANT, 145 E. Elkhorn Ave., Beer & Wine. B. Snowdance Properties, Inc., dba FRIAR'S RESTAURANT, 157 W. Elkhorn Ave., Hotel & Restaurant, includes Extended Hours. C. Ahmad I. Zaina, BEAVER POINT QUICK STOP GROCERY, 911 Moraine Ave., 3.2% Retail Beer. MISCELLANEOUS: 1. Appearance of Colorado State Representative Bill Kaufman. 2. Lisa King Sanchez/Estes Park Gallery Association - Presentation. ACTION ITEMS: 1. Special Events Committee, May 27, 1993: A. Agreements - Approval: 1. Fall River Productions (Flea Market Events). 2. Loveland Paint Horse Club, August 21-22, 1993. 2. Public Works Committee, May 27, 1993: A. Change Order for Parks Shop - Approval of Expenditure. 3. A. Public Hearing: Amended Plat of Lots 1 and 2, Block 4, Amended Plat of the First Addition to Lone Pine Acres, Lester Schmidt/Applicant. B. Public Hearing: Amended Plat of Lot 34, Manford Addition and Lot 34, Bonnie Brae Addition, John and Peggy Lynch/Applicant. 1 9 Board of Trustees June 8, 1993 4. Intergovernmental Agreement with the Estes Valley Recreation and Park District (accounting service) - Approval. 5. Liquor License Actions: A. Change of Ownership - From Aldrich Enterprises, Inc., dba Stanley Village Pharmacy, to ROCKY MOUNTAIN PHARMACY OF ESTES PARK, INC. (Bob J. Heffington), 453 E. Wonderview Ave., Liquor-Licensed Drug Store. 6. Ordinance pertaining to Electric and Barbed Wire Fences - Approval. 7. Resignation from the Estes Park Urban Renewal Authority submitted by Edward B. Pohl - Acceptance. 8. Town Administrator's Report - Review of Laws Enacted in 1993 Session. NOTE: Due to scheduling conflicts, the Board of Trustees will meet June 29, 1993 in lieu of June 22, 1993. 2 9[ofurt of ~istes ipark, Larimer County, Colorado, 19..?3. May 25 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 25th May 93 on the Â·Â·Â·Â·Â· Â·Â· day of ............. .....,,.,,, A. D. 19.... at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor , Present: Mayor H. B. Dannels Trustees: George J. Hix, Mayor ProTem Robert L. Dekker, Susan L. Doylen, Stephen W. Gillette, Also Present: Gary F. Klaphake, David Habecker Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: Norbert L. Aldrich, Trustee Mayor Dannels called the meeting to order at 7:31 P.M. PUBLIC INPUT. Fire Chief Rumley urged the Planning Commission to require building 4 construction information with submittals. The Department serves as one of the referral agencies, and they find it difficult to submit a recommendation to the Commission without the type of construction being provided. CONSENT CALENDAR: 1. Town Board minutes dated May 11, 1993. 2. Bills. 3. Committee Minutes: A. Public Safety, May 20, 1993. B. Planning Commission, May 18, 1993. 4. Liquor License Renewals: A. Lions Club of Estes Park, 3.2% Retail Beer License, 1161 Manford Ave. It was moved and seconded (Dekker/Gillette) the consent calendar be approved, and it passed unanimously. MISCELLANEOUS: Mark De Gregorio, Environmental Education/Outreach Specialist, Rocky Mountain National Park presented a Wildlife Slide Program. ACTION ITEMS: 1. Public Safety Committee, May 20, 1993: A. Traffic Issues: (1) Mall Road. The Public Safety Committee recommended approval of the installation of a street light at each intersection of Mall Road (State Highway 34 and 36). CDOT Will erect improved identification signs. Administrator Klaphake noted that the request would not be considered a precedent (installing/funding street lights outside Town limits), as this request serves an extreme public purpose. It was moved and seconded (Dekker/Habecker) the Town (General Fund) install both street lights as identified above, and Board of Trustees - May 25, 1993 - Page 2 it passed unanimously. {2) Intersection of State Highways 34/36--Yield Lane. The Committee also recommended approval of the installation of an additional flashing light fixture on said intersection as further clarified in the Public Safety Minutes dated May 20, 1993. It was moved and seconded (Hix/Habecker) the Town fund installation of the fixture, and it passed unanimously. B. Equipment Expenditure - Approval. It was moved and seconded (Hix/Habecker) staff be authorized to purchase the following equipment, and it passed unanimously: Dual transcription System ........... $5,922.50 Computer/Printers ................... .8,140.00 C. Larimer Countv Humane Society Animal Control Agreement - Approval. Chief Racine reviewed said Agreement which, in summary, states that Larimer County will pay the Town $500.00/month and the Town will increase the Animal Control Offider's schedule by 8 hours/week and extend the service territory to the unincorporated areas of Larimer County. The Board noted the favorable cooperative stance with Larimer County, and it was moved and seconded (Hix/Habecker) the Agreement with the Larimer County Humane Society be approved, and it passed unanimously. D. Larimer Countv Sheriff's Department - Approval of Reciprocal Agreement. Chief Racine reviewed said Agreement, and it was moved and seconded (Hix/Habecker) Chief Racine be authorized to execute the Reciprocal Agreement with the Larimer County Sheriff's Department, and it passed unanimously. E. Ordinance #4-93 pertaining to Skateboards. Rollerblades and Bicvcles. Chief Racine reviewed the proposed ordinance which restricts and designates areas for operation of skateboards, rollerblades and bicycles. Following discussion on the prohibition of operating bicycles in parking lots, the potential of increasing bicycle traffic on Elkhorn Avenue, uniformity of the ordinance with other municipalities, Town Attorney White read the ordinance in full. It was moved and seconded (Hix/Habecker) the Ordinance be approved, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Gillette, Habecker and Hix. Those voting "No" Trustee Doylen. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, and ordered it numbered 4-93 and published according to law. F. Agreement with Rockv Mountain National Park pertaining to fire protection- Approval. Administrator Klaphake reviewed the standard agreement between RMNP and the Volunteer Fire Department for fire protection. It was moved and seconded (Hix/Gillette) the Agreement be approved, and it passed unanimously. Discussion pertaining to a Satellite Fire Station located in Rocky Mountain National Park (RMNP). Fire Chief Rumley advised that negotiations have taken place with RMNP for said satellite station, and a rough sketch of the floor plan was presented. The station will be known as the Estes Park Fire Department Station 02. The I Department is rendering one-half of the construction ' costs to RMNP and these funds have been collected through donations and various fund-raising projects. Construction is anticipated to begin June 1st, with occupancy to occur in mid-September. Administrator Board of Trustees - May 25, 1993 - Page 3 Klaphake reported that as the Department has formed a 501 (C) (3) non-profit corporation, all funds raised are not included under Amendment 1. The Trustees commended the Fire Department, RMNP, and the Town for the cooperative effort that "makes government work", and authorized Town Attorney White to draft an agreement for the satellite station. Closure of MacGreqor Avenue. Chief Rumley expressed the Department's concern with the potential closure of MacGregor Avenue. Administrator Klaphake reiterated that this item is merely under discussion at this time. 2. Planning Commission, May 18, 1993: A. Lot 2. Amended Plat of Tract A. Booth Resubdivision. Johnson and Maria Lin/Apolicant. Trustees Habecker and Hix declared potential "conflicts of interest" and stated they would not participate in discussion nor vote. Community Development Director Stamey reported that the Planning Commission conditionally approved the time extension requested by the Applicant. A new Improvement Guarantee has been received and the Applicant has confirmed that they will rough grade, gravel and relocate the road by July 1, 1993 as stipulated; paving should occur by October 1. It was moved and seconded (Dekker/Doylen) the time extension be approved, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen and Gillette. Those voting "No" none. Those "Abstaining" Trustees Habecker and Hix. B. Pine Knoll Addition. 3.06 Acres. Martin and Beniamin Jelsema/Applicant. Annexation. Mayor Dannels opened a public hearing to consider the annexation of Pine Knoll Addition. Trustee Dekker declared a potential "conflict of interest" and stated he would not participate in discussion nor vote. With the exception of the sewerline, Director Stamey noted that all items addressed by the Planning Commission had been finalized on the plat. Town Attorney White read the Annexation Ordinance in full. As there was no public comment, Mayor Dannels declared the public hearing closed. It was moved and seconded (Doylen/Hix) the Ordinance be approved, and it passed unanimously with Trustee Dekker Abstaining. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, and ordered it numbered 5-93 and published according to law. Zoning. Town Attorney White read the Zoning Ordinance zoning the subdivision E-Estate. It was moved and seconded (Hix/Doylen) the Ordinance be approved, and it passed unanimously with Trustee Dekker Abstaining. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, and ordered it numbered 6-93 and published according to law. Final Plat Pine Knoll Subdivision. Second Filing. Noting that during the Planning Commission meeting a neighbor expressed no objection to the plat adding that this was the best use of the site, it was moved and seconded (Hix/Doylen) the Final Plat of Pine Knoll Subdivision, Second Filing be approved, and it passed unanimously with Trustee Dekker Abstaining. C. Final Plat of Lots 5-18. Village Greens Subdivision. Neil Rosener/Applicant. Mayor Dannels opened the public hearing to consider said Final Plat. community Development Director Stamey reported that all Planning Commission concerns have been incorporated on the plat, Board of Trustees - May 25, 1993 - Page 4 and the attorney's letter and Improvement Guarantee have been received. There being no public comment, Mayor Dannels declared the public hearing closed. It was moved and seconded (Dekker/Hix) the Final Plat of Lots 5-18, Village Greens Subdivision be approved, and it passed unanimously. D. Amended Plat of Lot 34. Manford Addition and Lot 34. Bonnie Brae Addition. John and Peqqv Lynch/Applicant. It was moved and seconded (Hix/Doylen) the Amended Plat be continued to June 8, 1993, and it passed unanimously. E. Amendment to Special Review Request #92-2. Elkhorn Lodge. 600 W. Elkhorn Ave.. Jerrv Zahourek and Associated Properties. Inc./Applicant - Appeal of Planning Commission decision denying application. Mayor Dannels opened the public hearing to consider the Applicant's appeal on the aforementioned application. Director Stamey outlined the latest application reporting that the Commission had (1) approved the parking concept as revised by staff, (2) requested a formal revised parking drawing prior to final approval, (3) there were a number - of concerns with the north barn and detailed information was needed--mitigation methods relative to noise control/neighbors, building modifications, restroom facilities, and (4) based on the information submitted, a motion was made recommending denial of the application. The Planning Commission did not believe that the proposed building changes would control sound, and that a neighbor/owner problem would be created. The Applicant, Jerry Zahourek, stated that the Elkhorn Lodge did not fit into the Code and therefore, he did not need to comply with Code; he appealed approval, of the Fish Pond to the Town Board and he was authorized to negotiate staff which was successful and suggested a similar authorization be ! approved; he has vested property rights which implies a "grandfather clause" that allows operation as a resort; questioned the Planning Commission' s jurisdiction; he has made a number improvements over the last three years; he has agreed with the parking concept as revised by staff; he will comply with Building Code pertaining to restrooms; is attempting to mitigate sound at the north ~ barn by use of sliding doors, and fiber roof paint. Director Stamey clarified reasoning used for the Applicanâ‚¬ to follow special review procedures, including the specific issues to be resolved on the north barn: construction proposals, and technical evidence that sound will be controlled, all of which the Commission requested in writing; and that the building permit was issued for i the concrete floor in the north barn which did not I include public occupancy. As there were no comments from the audience, Mayor Dannels declared the public hearing closed. Trustee comments included discussion on the building permit/Uniform Building Code, clarification that the north barn was not protected under a "grandfather clause" due to the change in use, and enforcement i procedures relating to disturbance of the peace (sound). Attorney White listed the options available to the Board: uphold the Planning Commission decision, amend the decision, or amend the decision with certain conditions. It was moved and seconded (Habecker/Gillette) the appeal be denied, thereby upholding the Planning Commission recommendation. Mayor Dannels advised the Applicant that the Planning Commission and Town Board must have all details presented in submittals to render a decision. Mr. Zahourek may submit additional technical information to the Planning Commission. F. Planning Commission Appointments. Mayor Dannels Board of Trustees - May 25, 1993 - Page 5 introduced the following for appointment to the Planning Commission: Edward B. Pohl and Michael E. Miller. It was moved and seconded (Hix/Dekker) Michael E. Miller be appointed, with his term expiring in April, 1994 and Edward B. Pohl be appointed, with his term expiring in April, 1998, and it passed unanimously. 3. Reauest from Ben Forbes to disburse balance held in the Art Program Funds to CACEP. In 1992, Ben Forbes donated $5,000 to the Town to be used to offset expenses incurred for the Summer Art Program. Total expenses for this program were $2,711.16, leaving a balance of $2,388.84 ($100.00 was donated by Range Realty). Mr. Forbes has requested the fund balance be disbursed to CACEP, contingent upon CACEP donating $1,000 to the Park R-3 School District. It was moved and seconded (Dekker/Hix) the funds be disbursed as suggested by Mr. Forbes, and it passed unanimously. 4. Show Cause Liquor Hearing for Covote Moon Nightclub. Tavern License #02-62091. 800 Moraine Avenue B. Mayor Dannels opened a liquor show cause hearing for The Coyote Moon, Tavern License, 800 Moraine Avenue B. Town Attorney White advised that the Town had received two written requests for a continuance based upon pending criminal charges. In a letter to the Applicant's legal counsel, Attorney White advised he would recommend a continuance not be granted based upon the fact that hearings before the Town Board on possible violations of the State Liquor Code are not required to be held after final disposition of any criminal charges which may arise out of the same set of actual circumstances. Edwin Davis/Attorney for Laurie Keller/Licensee, withdrew his request for a continuance. Attorney White reviewed the public hearing procedure. Police Chief Racine introduced William Harris, Investigator/Liquor Enforcement Division who clarified possession and use of alcoholic beverages after hours. Police Sgt. Fox reviewed the incident which occurred March 12, 1993 alleging that several people were consuming alcohol on the premises after hours. Attorney Davis cross-examined Sgt. Fox. Attorney Davis attempted to present evidence of police harassment directed generally toward the Licensee and Town Attorney White advised that such evidence was not relevant unless said evidence concerned whether or not a liquor violation had occurred on March 12, 1993. Attorney Davis strongly objected to not being able to enter harassment evidence. Attorney Davis presented the following witnesses: Laurie Keller/Licensee, Brent Basinger/Bar Manager, Jamie Kurfman/Waitress-Bartender, Jack Rumley, Jr./Maintenance Man, Grant Keller, and Mr. and Mrs. Wendell Keller. In summary, the Licensee and witnesses denied the charge of after hours consumption. The witnesses charged Sgt. Fox and Detective Repola with harassment and use of obscenities during the service of the summons and complaint. In rebuttal, Chief Racine stated that he had no previous knowledge of the harassment issues and suggested the Licensee formally present such issues to him for investigation. Investigator Harris commented on the Division's and Police Department's right of inspection of all liquor-license premises, and confirmed that he was on-site when the citation was issued and was not a witness to any improprieties by the Department. Chief Racine and Attorney Davis summarized their evidence. There being no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Habecker/Hix) the following "finding" be approved: that the Licensee has violated Section 12-47-128 (1) (h) and 12-47-128 (5) (c) (I) (A) of the Colorado Liquor and Beer Code, and it passed unanimously. Whereupon, Chief Racine submitted a recommendation for * Board of Trustees - May 25, 1993 - Page 6 suspension of the license for 30 days suspension, with 10 days being served beginning June 1 through June 10, continuous, and 20 days held in abeyance for one year. Investigator Harris clarified the Division's policy stance on such a violation and recommendation thereof. Attorney Davis stated the Licensee's position on the recommended suspension. It was moved and seconded (Habecker/Gillette) License #02-62091 issued to The Coyote Moon be suspended for 10 calendar days, from 12:01 A.M. on June 1, 1993 until 11:59 P.M. on June 3, 1993, and from 12:01 A.M. on June 6, 1993 until 11:59 P.M. on June 10, 1993, and from 12:01 A.M. on June 13, 1993 until 11:59 P.M. on June 15, 1993 with 20 days held in abeyance for one year from May 25, 1993. The 20 days held in abeyance shall be activated upon a finding by this Board that a violation of the State Liquor Code has occurred between May 25, 1993 and May 25, 1994, and it passed unanimously. 5. Town Administrator's Report - None. Following completion of all agenda items, Mayor Dannels noted that due to scheduling conflicts, the Board of Trustees will meet June 29, 1993 in lieu of June 22, 1993, and adjourned the meeting at 11:30 P.M. Mayor Town Clerk 1 BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Special Events Committee May 27, 1993 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Scott, Special Events Coordinator Hinze, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:30 A.M. AGREEMENTS Flea Market Agreement: Phil Simms, representative of Fall River Productions, presented the plans for a combination Flea Market and Farmers' Market, scheduled June 5th & 6th, July 10th & 11th, September 4th, 5th, & 6th. The rental of Barn W is $500.00/day; with RV spaces available at $8.00/day. All Flea Market displays will be confined to the interior of Barn W with the Farmer's Market organized outside. Advertising will appear in local and front range newspapers and local radio stations. Local businesses have been contacted and some have shown interest in participating. A nominal admission charge is planned. The Committee recommended approval of this Flea Market Agreement as presented. Standard Agreements: This Agreement is with the Loveland Paint Horse Club for the dates of August 21st & 22nd. The Committee recommends approval of this Agreement, as presented. ART WALK JAZZ FEST REVIEW Special Events Coordinator Hinze reported on the success of the Jazz Fest and Art Walk Weekend, May 15th & 16th. Attendance has increased from 800 in 1991 to 4,000 in 1993. With expanded advertising and the use of local sponsors, it is agreed this event will continue to expand. The Committee commended staff and sponsors for their work on this special event, and requested that thank you letters be sent to Dick Barlow and Max Wagner for their assistance. REPORTS/STAFF COMMENTS Blacktopping of the Stanley Park parking lot and Barn W are complete. Pouring of cement for the flag poles is scheduled. There being no further business, Chairman Hix adjourned the meeting at 8:55 A.M. -1-2- KULQ Tina Kuehl, Deputy Town Clerk . BRAOFOROPUBLISHING.0. RECORD OF PROCEEDINGS Public Works Committee May 27, 1993 Committee: Chairman Habecker, Trustees Doylen and Gillette Attending All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Deputy Clerk Kuehl Absent: None Chairman Habecker called the meeting to order at 10:00 A.M. BIKE PATH -- REOUEST FOR EXTENSION Gregg Filsinger, Jr., presented a request for an extension of the bike path from the Rocky Mountain National Park North Entrance, along West Elkhorn Avenue, and to the Highway 34-36 intersection. Costs of the project and letters from citizens in the area in support of this suggestion were presented. Director Linnane reported that many such projects in the Estes Valley are being considered at this time. Due to the costs and planning involved, intergovernmental cooperation is needed with RMNP, Larimer County, EVRPD, and the Town to proceed with these projects. The Committee recommends that a Hike/Bike Path Task Force be initiated consisting of Larry Wexler, Gregg Filsinger, Jr., Bill Linnane, Dan Speedlin, and that a plan be submitted to the Committee prior to budget discussions. REGIONAL TRAFFIC PLANNING COMMISSION -- APPOINTMENT The Committee recommends Chairman David Habecker be appointed to the Regional Traffic Planning Commission. PARK SHOP -- CHANGE ORDER The office addition to the Parks Department shop is near completion. An additional $6,000 is requested to complete the interior. As equipment purchases were under budget, the amount needed is available. The Committee recommends approval of the change order in the amount of $6,000, bringing the Park Shop project total cost to $15,300. REPORTS The Committee reviewed the Customer Service Response and Monthly Water Reports for April. Director Linnane reviewed the emergency flood plan. River monitoring devices have been installed at the Fall River pumphouse and the Glacier Creek Water Plant. The Town has approximately 1,000 sand bags accessible. Response personnel consist of Special Events, Public Works, Police Department and Fire Department. The two major potential flooding areas are Barlow Plaza and Riverside Drive. Bob Goehring and Roy Johnson were commended for their work in completing this flood plan. ~Green Apples", the sculpture donated by the Estes Park Noon Rotary Club, will be placed in the sidewalk area leading to the library. Approval has been obtained from EPURA, Town, and Library Board. The cost of a base and installation is being negotiated. No additional lighting is necessary. The Committee recommended approval of the location for the â€¢'Green Apples" sculpture. BRADFORD.U.LISHING CO RECORD OF PROCEEDINGS Public Works Committee, May 27, 1993 -- Page 2 Town Administrator Klaphake presented three items of concern regarding the Senior Center: 1. The Senior Center is located in a building leased from the Town. A *Recreation District proposal recommended the Senior Center be included with the Recreation Center. The Seniors were assured the Town was not sponsoring this idea. 2. The sanitary sewer system needs improvements and expansion due to the increased usage of the Center. Grants may be available to cover some costs, but this item will need to be included in the 1994 budget. 3. The Senior Center requested that the Center be included in the Town's CIRSA insurance policy. This would lead to the Senior Center becoming an entity of tde Town, causing increased standards and regulations, and reducing cost effectiveness. Other insurance coverage is being investigated. Director Linnane presented the 1993 Overlay Projects. The Stanley Park parking lot and. Barn W have been completed within budget. Street overlay will commence this week. The National River Cleanup Week was held May 8th. The organizers included the Town, EVRPD, RMNP, and the U.S. Bureau of Reclamation. The areas covered were Fall River, Big Thompson River, Lake Estes, and Fish Creek. Participation increased 40% from previous years. The Town provided two trucksters, two dump trucks, one pickup, two hand-held radios, and dump fees. Town employees Roy Johnson and Robert Hirning were commended for their volunteer efforts. Director Linnane reported that the Public Works Department received the National Safety Councills First Place Safety Award for having the lowest incidence rate per 100 full-time employees. The Committee commended the Public Works Department for their conscientious effort toward safety through meetings and education. There being no further business, Chairman Habecker adjourned the meeting at 10:55 A.M. -11_ 1<-U Tina Kuehl, Deputy Town Clerk ....FOR/PUBLISHING.0. RECORD OF PROCEEDINGS Community Development Committee June 3, 1993 Committee: Chairman Dekker, Trustees Hix and Doylen Attending: All Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Advertising Manager Marsh, Conference Services Coordinator Thomas, Clerk O'Connor Absent: None Chairman Dekker called the meeting to order at 10:00 A.M. 1993 ADVERTISING REPORT. Packet. As of May 31, 1993, a total of 46,584 vacation packets have been mailed. The level of response activity is 5.35% behind the same period in 1992. Telephone Counts. Down 7.95% compared to the same period in 1992. Staff is addressing these decreases with the fall ads using an image and copy line that was successful in 1992. Current Projects. The full-page, four-color, seasonal kick-off ad ran in special sections of the Denver Post and Rocky Mountain News onÂ·Sunday, May 23. The first 3x10" event ad (Wool Market) will run in the Post and News on June 4 and 6 and in the front-range dailies during next week. The new lure brochure will be printed within the next 10 days. Scenic Byway Interest Group Memorandum of Understanding (MOU). The Committee reviewed an agreement developed by public and private sector representatives from Boulder, Gilpin and Larimer Counties, concerning planning and management activities for the Peak to Peak Scenic and Historic Byway. The agreement establishes the cooperative linkages required to develop the Corridor Management Plan for the Byway. The agreement will assist TARP (the Tourism and Recreation Program of Boulder County, Inc.) with grant fund requests. Nothing in the agreement obligates the Scenic Byway Interest Group participants to appropriate or expend funds or to enter into any contract or other obligations. Participants include: Boulder, Gilpin and Larimer Counties, Lyons, Nederland, Ward, Black Hawk, Central City, Estes Park, RMNP, Forest Service, and TARP. Staff requested no action be taken at this time, allowing an opportunity for additional review. A Committee recommendation will be requested in July. MUSEUM REPORT. Administrator Klaphake and Director Swain reviewed the grounds maintenance work schedule for the Museum site. With the assistance of Community Service volunteer crews, 2 private contractors, Museum volunteers and Parks Department personnel, the site Will be upgraded and/or repaired and generally brought into an orderly and neat appearance. Director Swain reviewed the Monthly Report concerning statistics, special events, CWAM (Colorado-Wyoming Association of Museums) activities, National Need Assessment, staffing, and facilities improvements. Following confirmation on a date, the Town Board and Department Heads were invited to attend an Ice Cream Social. The Committee commended Director Swain for her participation in CWAM. BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Community Development Committee - June 3, 1993 - Page 2 The Museum is in receipt of a $7,500 grant from the Temple Buell Foundation and will, therefore, be able to fund the History Camp for 1993. A portion of the grant will be used to sponsor scholarships. REPORTS. Conference Services Coordinator Thomas reported that the Town is providing a valuable service to groups with volunteer committees by providing coordinated conference services. Such is the case for the upcoming Snow and Ice Conference. Staff prepared a video attracting attendance for the Estes Park conference which was viewed by the Committee. The Town's out-of-pocket expenses for the video consisted of labor. The video will be widely distributed throughout the country, including APWA members. Local production firms were utilized in the video preparation. The Committee commended Coordinator Thomas for the video preparation. The Conference Center Reader Board sign should be installed by June 4th. Chairman Dekker reported that each Platte River Power Authority (PRPA) member receives funds to be used toward economic development. Chairman Dekker presented a check in the amount of $1,500 to Charles Anfield/Charles Limousine and Tour Service in recognition of his proposed expansion of the tour service. Mr. Anfield has joined the Denver Visitors Bureau and Boulder Chamber of Commerce and, in conjunction with an advertising campaign, intends to book tours from Denver hotels on day trips to Estes Park with packages that will include lunch and/or dinner. The firm now has 7 vans and a 29-passenger people mover. The Committee applauded Mr. Anfield's proposal. Year-to-date building permit valuations have reached $5.3 Million as compared to $3.1 Million in 1992. There being no further business, Chairman Dekker adjourned the meeting at 10:45 A.M. 4(1Â£ 0*(fyÂ·~,a_.Â£.z,/ Vickie O'Connor, CMC, Town Clerk BRADFOROPUBLISHING.0. RECORD OF PROCEEDINGS Board of Adjustment June 2, 1993 Board: Chairman Habecker, Members Dekker, Doylen, Newsom, and Sager Attending: Chairman Habecker, Members Dekker, Doylen, and Sager Also Attending: Town Administrator Klaphake, Town Attorney White, Building Official Allman, Deputy Clerk Kuehl Absent: Member Newsom Chairman Habecker called the meeting to order at 9:00 a.m. APPROVAL OF MINUTES Minutes of the meeting held April 7, 1993, were approved as submitted. COUNTRY CLUB MANOR, LOT 20. BLOCK 7, 500 DRIFTWOOD AVENUE, DENNIS K. BROWN/PETITIONER - REOUEST FOR SETBACK VARIANCE Petitioner is requesting variance from Section 17.20.040(B.l,A), pertaining to 25' building setback. Building Official Allman explained the easement which crosses this lot, rendering half of the lot as open space, leaving no space for building. Allman noted that letters were sent to all adjacent property owners and there were no objections to the variance. Petitioner Brown stated that compensation of $780 was received by the previous owners for this easement. It was moved and seconded (Sager-Doylen) that the variance be granted because of the peculiar configuration caused by the easement, and it passed unanimously. DEER RIDGE. INC. (NATIONAL PARK VILLAGE SOUTH), 900 MORAINE AVENUE, SCOTT WEBERMEIER/PETITIONER -- VARIANCE ADDRESSING THE NUMBER OF FREESTANDING SIGNS Scott Webermeier is requesting sign code variance regarding the allowable number of freestanding signs. Attorney White explained that as a stipulation of annexation in 1982, business owners were given six years and six months to conform to the sign code regarding number of free standing signs, but a Resolution adopted in 1989 restricted conformity to three conditions: business change, sign change, or ownership change. The National Park Village South sign was destroyed by wind, leaving three remaining freestanding signs: Country Market, Otherside Restaurant, and Sinclair. The property at 900 Moraine Avenue has two frontages and, according to the current sign code, is allowed two freestanding signs, not to exceed a combined total area of 150 square feet. Webermeier stated his business should be exempt from this sign code, implying the "grandfather clause", as the destroyed sign was in place in 1978 and conformed with existing codes, a natural disaster caused its destruction, and the facility continues operation under the same name. Webermeier stressed that the absence of the National Park Village South sign leaves many businesses of the center unidentified. Webermeier is willing to address other non- conforming signs on the property in an effort to reach a compromise regarding this destroyed free standing sign. Building Official Allman reported that letters were received both in opposition to and support of replacement of the destroyed sign. BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Board of Adjustment, June 2, 1993 -- Page 2 Following is a list of signs presently on the property showing square footage of each sign and the suggested changes to bring the square footage into compliance: Old Signaqe New Signaqe Country Market 60 60* IGA 17.5 ** Other Side Restaurant 28 28 Sinclair 24 24 Gas Prices 57 57*** National Park Village South 144 88 Roof signs -80 **** 410.5 140 * Five years allowed for removal of sign. ** Remove immediately. *** Six months allowed for removal of sign stating gas prices. **** Remove when new National Park Village South sign is installed. It was moved and seconded (Dekker-Sager) that the sign variance be granted with the understanding that the IGA sign be removed immediately, the Country Market sign be eliminated within five years, the price sign located below the Sinclair sign be eliminated within six months, and the roof signs be removed upon installation of new National Park Village South sign, to bring the property into compliance with the maximum square footage allowed in the sign code, and it passed unanimously. It was further suggested that the neighbor's concerns be considered in all future changes, that the sign codes be updated, and that Mr. Webermeier participate in these revision discussions. Sager commended Webermeier for his efforts to comply with the sign code. There being no further business, Chairman Habecker adjourned the meeting at 11:10 a.m. 7Lo- 1<Jul Tina Kuehl, Deputy Town Clerk lit ., TOWN OF ESTES PARK . 4/ 4 Police Department 0~... ~~..W-1.-riMU,4*Â·27â‚¬E'â€¢Â·~~7*,4, 6 -taLÂ¢ i fcc:. .9--5/4-:C. 4.Â·0$-1 -'I..' ri.1/,0L ' .974) F .1-*.ivâ‚¬&#4.- ~~- 27'Â«- -1.-/i.=~-Â·I'.A-â‚¬ pffâ„¢ 42TR~\-0,6' %. 0,Â» R Â·,ft,t.0 Â·6. -3-,~': A 'A; 0.2 ' p + - *.4 : A 4. - -- 2./-. ---./324/3%*1 -~7.~~-/I Â».. AAV - -'4'9447' ': 2-> t. '' f /- ' r May 31, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Gritzman, Kenneth J. d/b/a Top of the Park Restaurant Beer & Wine License GRITZMAN, Kenneth J. Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Gritzman, Kenneth J., d/b/a Top of the Park Restaurant. Sincerely, 0- li' FAUÂ»-1 David J. Racine Chief of Police DJR/jo (303) 586-4466 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 j lit .0 .. TOWN OF ESTES PARK EK** 40 -1 Police Department *f~<4*1 ~,56~~~~~~~~.4 1- 1 ''f , . ; .UFF:f~ "IÂ·ii,1 4*'w91 12Â· i- '~7%4j~ It* '9, â€¢t~*Ulf- 7.2..9,Â·7-- pem,#A= :*.u.ar.~, , ~-. .4824Â£<Ti~ 2_f#bjEfO flor--~34-64'' >- 2 tu 1 9 Mt> 1 '4243'42 1/ a 4 ./ - 1 / June 3, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Snowdance Prop Inc. d/b/a Friars Restaurant MCGLOTHLEN, Cecil R. MARSH, Peter W. MARSH, Maureen J. Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are theEe any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Snowdance Prop Inc., d/b/a Friars Restaurant. Si rely 4,1 4 2 (,i 1 life 1 -* L....Â»:, I C.j Z j ~ 162.1,Â·Lf ! ti~ C David J. ,*acine Chief of Police DJR/jo (303) 586-4466 â€¢ RO. BOX 1 287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 $ 41 TOWN OF ESTES PARK Â£ 9 4?friki# N Police Department . .. h >- 4/-AV:2-7 4 72. 42Â£%44*'r.-~41 - Â«â€¢0.-,al i,nym#F -443TAW/FAMM*kkjJG ,wirriawpArtff?.4, & :>bw &9.*-741874/4701*5&7299WK#<RadA+1& q:~ 1,iâ€¢~ Me'lâ€¢ _ -te<Ed/V,tdgd- ~ ZZ 33 6,4 9' 4%.A~TY~j~,01?2 '4'..A"for: ' .>Â· 34 . -- ZM 4// 4 May 24, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: ZAINA AHMAD I. d/b/a Beaver Point Quick Stop Grocery 3.2% Beer License DAVIS, Edwin L. ZAINA, Ahmed Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for ZAINA AHMAD I., d/b/a Beaver Point Quick Stop Grocery. Sincerely, ~0242.- 1 David J. Racine Chief of Police DJR/jo (303) 586-4466 â€¢ RO. BOX 1 287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Special Events Committee May 27, 1993 Committee:Â· Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Scott, Special Events Coordinator Hinze, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:30 A.M. AGREEMENTS l. A. 1 Flea Market Agreement: Phil Simms, representative of Fall River - ---~ Productions, presented the plans for a combination Flea Market and Farmers' Market, scheduled June 5th & 6th, July loth & 11th, September 4th, 5th, & 6th. The rental of Barn W is $500.00/day; with RV spaces available at $8.00/day. All Flea Market displays will be confined to the interior of Barn W with the Farmer's Market organized outside. Advertising will appear in local and front range newspapers and local radio stations. Local businesses have been contacted and some have shown interest in participating. A nominal admission charge is planned. The Committee recommended approval of this Flea Market Agreement as presented. I.A.4 Standard Agreements: This Agreement is with the Loveland Paint ~7/ Horse Club for the dates of August 2lst & 22nd. The Committee recommends approval of this Agreement, as presented. ART WALK JAZZ FEST REVIEW Special Events Coordinator Hinze reported on the success of the Jazz Fest and Art Walk Weekend, May 15th & 16th. Attendance has increased from 800 in 1991 to 4,000 in 1993. With expanded advertising and the use of local sponsors, it is agreed this event will continue to expand. The committee commended staff and sponsors for their work on this special event, and requested that thank you letters be sent to Dick Barlow and Max Wagner for their assistance. REPORTS/STAFF COMMENTS Blacktopping of the Stanley Park parking lot and Barn W are complete. Pouring of cement for the flag poles is scheduled. There being no further business, Chairman Hix adjourned the meeting at 8:55 A.M. / Lv-'. K kaAQ Tina Kuehl, Deputy Town Clerk B.A.FO//PUBLISHING.0. RECORD OF PROCEEDINGS Public Works Committee May 27, 1993 Committee: Chairman Habecker, Trustees Doylen and Gillette Attending All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Deputy Clerk Kuehl Absent: None Chairman Habecker called the meeting to order at 10:00 A.M. BIKE PATH -- REOUEST FOR EXTENSION Gregg Filsinger, Jt., presented a request for an extension of the bike path from the Rocky Mountain National Park North Entrance, along West Elkhorn Avenue, and to the Highway 34-36 intersection. Costs of the project and letters from citizens in the area in support o f this suggestion were presented. Director Linnane reported that many such projects in the Estes Valley are being considered at this time. Due to .the costs and planning involved, intergovernmental cooperation is needed with RMNP, Larimer County, EVRPD, and the Town to proceed with these projects. The Committee recommends that a Hike/Bike Path Task Force be initiated consisting of Larry Wexler, Gregg Filsinger, Jr., Bill Linnane, Dan Speedlin, and that a plan be submitted to the Committee prior to budget discussions. REGIONAL TRAFFIC PLANNING COMMISSION -- APPOINTMENT The Committee recommends Chairman David Habecker be appointed to the Regional Traffic Planning Commission. PARK SHOP -- CHANGE ORDER A.A. > completion. An additional $6,000 is requested to complete the The office addition to the Parks Department shop is near interior. As equipment purchases were under budget, the amount needed is available. The Committee recommends approval of the change order in the amount of $6,000, bringing the Park Shop project total cost to $15,300. REPORTS The Committee reviewed the Customer Service Response and Monthly Water Reports for April. Director Linnane reviewed the emergency flood plan. River monitoring devices have been installed at the Fall River pumphouse and the Glacier Creek Water Plant. The Town has approximately 1,000 sand bags accessible. Response personnel consist of Special Events, Public Works, Police Department and Fire Department. The two major potential flooding areas are Barlow Plaza and Riverside Drive. Bob Goehring and Roy Johnson were commended for their work in completing this flood plan. "Green Apples", the sculpture donated by the Estes Park Noon Rotary Club, will be placed in.the sidewalk area leading to the library. Approval has been obtained from EPURA, Town, and Library Board. The cost of a base and installation is being negotiated. No additional lighting is necessary. The Committee recommended ' approval of the location for the "Green Apples" sculpture. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - May 18, 1993 - Page 4 cerrzr*u..issues need to be resolved; a complete subm.iretsr-Ts requiredoâ‚¬ommission to adequate~9-79â€¢earir-Eheir task, particularly utilhy-*eamgments_,aad--how they relate to egress/ingress (which is ...iENTraid submittal data that is required) . The 21-r-rrme frame iZPanbmittal, staff review, agency commsÂ»Elnd timely notice to the-~Applient were reviewe-There being no further comment, the motidif-Pasal unDâ€¢*Eously. ---I- eve:- Amended Plat of Lots 1 and 2. Block 4. Amended Plat of 3.14 , 0.-_ the First Addition to Lone Pine Acres. Lester 0.70 Schmidt/Applicant. The amended plat adjusts the internal lot line between Lots 1 and 2, making the lot line a more north/south orientation. The Applicant' s representative, Paul Kochevar, summarized the proposal advising that the sanitary sewer line is 600' from the property line and that the Upper Thompson Sanitation District may extend the line. However, the Code allows the Larimer County Health Department to approve a septic system. There were no comments from the audience. Director Stamey stated that the Town cannot perform snow removal until a standard cul-de-sac is constructed. Discussion followed concerning the appropriateness of a septic system inside Town limits, if a property owner should be required to connect to a public sewer system, and how the public may be at a disadvantage by not being informed that such a system is in place. Mr. Kochevar noted that the UTSD Board will meet May 24 to review this application and that said District requires anyone within 400' of the sewer line to connect to the public system. It was moved and seconded (Brown/Amos) the Amended Plat of Lots 1 and 2, Block 4, Amended Plat of the First Addition to Lone Pine Acres be favorably recommended to the Town Board with the following conditions, and it passed unanimously: 1. Add Larimer County Certificate of Approval (septic system), a copy of which was made a part of the review document. 2. Label lot lines and add lot numbers. 3. Verify utility traversing the site and relocate or provide appropriate easement. 4. Form and stabilize the roadside ditch along Lone Pine Drive and protect the new ditch along Raven Avenue. 5. The Town will not perform snow removal until such time as Raven Avenue is extended, or cul-de-sac constructed. 3.~4 Amended Plat of Lot 34. Manford Addition. and Lot 3VM BonniPâ€¢kae Addition. John and Peggy Lynch/Applicant.-/The Applicant -PDNAUPosing to adjust the internal_,Â·ME lines between two existftiq- lots which would eliminâ€¢â‚¬6- a building encroachment across -1*Vit line and prÂ»,rfS~- -for adequate building setbacks. The -1Fut alsa-156dicates a 25' road easement as street right-of--wa~Z>â€¢*Elicant' s representative, Bill Van Horn, reviewed 1.helroBBâ€¢al stating that sewer facilities will be Pro.ded through Malih,4-Avenue and that the easement has Den amended to accommodat@%==the line--the sewer line undÂ»/E.he building will be abandoned,~band a new easement ,*lf- be provided. An existing telephone 0@Beatal will be,râ‚¬located. There were no comments from the audienc It *al,-moved and seconded (Burgess/Amos) the Amended Plat of ~'0 I,WE- 34, Manford Addition, and Lot 34, Bonnie Brae Addition be 1â€¢1 aRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - May 18, 1993 - Page 4 certal-n issues need to be resolved; iplete submittal is required for the-Commission to-adequately Â·perform their task, particularly utilitr--e~mamgfits and how they relate to egress/ ingress (whiph--ts stifida~d__submittal data that is required) . 80-2[-day time frame for sdamittal, staff review, agency comment and timely notice to the Applica-nt--wer* revigwedE There being no further comment, the motion passed undiimously. 3.8. Bonnie Brae Addition. John and Peqqv Lynch/Applicant. The ~3..r;; Amended Plat of Lot 34. Manford Addition. and Lot 34. 7 Applicant is proposing to adjust the internal lot lines between two existing lots which would eliminate a building encroachment across a lot line and provide for adequate building setbacks. The plat also dedicates a 25' road easement as street right-of-way. Applicant's representative, Bill Van Horn, reviewed the proposal stating that sewer facilities will be provided through Manford Avenue and that the easement has been amended to accommodate the line--the sewer line under the building will be abandoned, and a new easement will be provided. An existing telephone pedestal will be relocated. There were no comments from the audience. It was moved and seconded (Burgess/Amos) the Amended Plat of Lot 34, Manford Addition, and Lot 34, Bonnie Brae Addition be favorably recommended to the Town Board with the following conditions, and it passed unanimously: 1. Designate the access easement as "private." 2. Provide the fo'llowing on the plat: bearing basis (p.o.b. and easements), dimensions of building setback from lot line and new lot designation. 3. Revise the dedication statement. 4. Correct the dedication statement and surveyor's certificate. 5. Provide natural gas line easement, if necessary. - -*----4- 6. This Agreement shall remain in force and effect until December 31, 1993. This Agreement may be renewed for additional one year periods upon the mutual agreement in writing of both parties hereto. Either party may terminate this Agreement at any time upon thirty (30) days written notice to the other party. 7. This Agreement contains the entire agreement between the parties and may be amended by the parties only in writing. 8. The District is not an agent or employee of the Town and the Town is not an agent or employee of the District for any of the terms, conditions or services provided under the terms of this Agreement. 9. The District agrees to indemnify, hold harmless and defend the Town, its officers, agents, volunteers and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss or use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the District's intentional and negligent actions 'in its provision of any services or information under the terms and conditions of this Agreement. 10. The Town agrees to indemnify, hold harmless and defend the District, its officers, agents, volunteers and employees, from and against all liability for any and all claims, liens, suits, demands or actions for damages, injuries to persons, including death, property damage, including loss or use, and expenses, including court costs and reasonable attorneys' fees arising out of or resulting from the Town's intentional and negligent actions in its provision of any services or information under the terms and conditions of this Agreement. 11. The Town and the District will provide each other with prompt notice of any event. covered by the indemnity section of this Agreement and in the event of a claim or action which is filed, each party may employ attorneys of its own choosing to prepare and defend the claim or action on its behalf. 12. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered as follows: Town of Estes Park Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 Estes Valley Park and Recreation District Executive Director P.O. Box 1379 Estes Park, Colorado 80517 -L- INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, effective this day of June, 199 3, by and between the Town of Estes Park, Colorado, a municipal corporation, hereinafter referred to as the ("Town") and the Estes Valley Recreation and Park District, a quasi-municipal corporation and political subdivision in the State of Colorado, hereinafter referred to as the ("District"). WHEREAS, the Town operates a finance and accounting office; and WHEREAS, the District desires to contract with the Town for certain financial and accounting services; and WHEREAS, Section 29-1-203Â·, C.R:S., provides that the parties may cooperate or contract with one another to provide functions and services lawfully authorized to the individual entity; and WHEREAS, pursuant to the applicable statutes of the State of ' Colorado the parties are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. The Town shall provide financial and accounting services to the District as said services are more fully set forth on Exhibit "A" attached hereto and incorporated herein by reference. 2. The District shall pay to the Town for its services the sums as more fully set forth on Exhibit "A". 3. The District shall provide the necessary financial and billing information necessary to allow the Town to perform the services set forth on Exhibit "A". 4. The parties understand and agree that the information provided from the District to the Town shall be used by the Town only in the services to be provided under Exhibit "A". 5. The Town hereby agrees not to provide any portion of said information to any third party without the express written consent of the District, except that the Town shall comply with any order of any Court having jurisdiction over the Town with regard to the release of said information. 13. This Agreement shall be construed in accordance with the laws of the State of Colorado, and venue for any civil action with respect thereto shall be proper only in Larimer County, Colorado. 14. The parties to this Agreement understand and agree that the parties are relying on, and do not waive or intend to waive, by any provisions of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmehtal Immunity Act, Section 24-10-101, et. seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. 15. This Agreement shall be binding upon the successors and assigns of the parties hereto. This Agreement may not be assigned by either party hereto without the written consent of the other party. TOWN OF ESTES PARK By: Mayor ATTEST: ESTES VALLEY PARK AND - RECREATION DISTRICT By: Executive Director -3- / 14. &*49 1 43 Wigb* TOWN OF ESTES PARK 7*=29 Fid,w 27 Gary F. Klaphake Town Administrator .t h.2- -â‚¬22. Â· / CLS -Il'K' -I - 5 r h Estes Park, Colorado 80517 May 11, 1993 TO: Honorable Mayor Dannels and Board of Trustees FROM: Gary Klaphake ~. Â£L' Town Administrator SUBJECT: EVRPD BUSINESS ACCOUNTING SERVICES On behalf of the Mayor and myself, I want to recognize that we are sorry we could not attend tonight's meeting. We decided to attend the joint meeting of Estes Park Sanitation District and Upper Thompson Sanitation District that is being held tonight starting at 7:00 p.m. We needed to attend their joint meeting to follow up on one of our goals -- consolidation of the Sanitation Districts. On a similar note, you will be discussing the joint effort of combining the EVRPD business and accounting services with the Town' s Finance Department. Town Staff and EVRPD staff met to program a plan for the merging of the services. We would have preferred to consider merging these services after we completed our computer transition. However , the resignation of certain EVRPD employees required us to consider this now. Please permit me to reflect back to the overall objective of our efforts to provide more efficient and effective recreation services. It is clear to me from my 13 years of recreation service experience prior to moving to Estes Park that the public would be better served by combining financial services of EVRPD with the Town. Often these efforts are stalled because participants budget for worst case scenarios or view the changes only on the short term. Town of Estes Park Estes Park, Colorado 80517 ' EVRPD Business Accounting Services, May 11, 1993 -- Page 2 Our proposal will be somewhat painful for both parties. The EVRPD needs to find a comfort level and a new process of working with a third party. The Town needs to risk the start-up cost (learning curve). In the long run, the transitional problems will be worked out , the new process will be understood and accepted, and based on my experiences and experience in other cities, etc., the service will be effective and provided at a lower cost. In the business world, businesses are constantly looking for the right size business unit. We see General Motors and I.B.M. looking for smaller business units. We also see May D&F merging with Foley's for a larger business unit. The point is that efficiency comes with right sizing the business units to take advantage of the economies of scale. In the case of Estes Park, it is obvious right sizing often means the combining of services to find efficiency. With our new computer system, we also have been exploring hand-held meter reading tapes and other technology changes. These changes, along with other computer efficiencies, will permit us to use technology to better manage labor cost and labor distribution in the Finance Department. The issue of providing business and accounting services has nothing to do with governance, but rather intergovernmental cooperation. I ask that you permit us=to develop this intergovernmental effort. We will bring back a formal intergovernmental agreement at a subsequent meeting. Again, this effort will have problems and concerns. HoWever, we need to work through these to find the new efficiencies. With or without Amendment #1, the public is demanding new risks and c ideas be investigated to find new efficiencies in government. In our proposal, the end justifies the means. Recommendation: Town Board motion to authorize EVRPD merging business and accounting services with the Town in accordance with the business plan date, May 3, 1993. A formal intergovernmental document will follow. 4: f ~ U J? 1 16 -F , 1 U EVRFD Current Business/Accountinc/Persopnel Costs A. Business Manager + Benefits...........$42,303 B. Accounting Clerk (25 hrs/wk).......... 9,833 C. Software Service....., ................ 1.500 D. Computer Supplies ($30/month x 12).... 360 E. Continuing Education...... ............ 800 S54,796 EVRPD/Town Proposal 7 months /1993 Annual/ 1994 Base.................. $ 5,250 $ 9,000 Estimated Additions... 3,850 6,600 Contingency........... 2.100 3.600 $11,200 $19,200 Amortized Expenses..... 1.850 1.850 $13,050 S21,050 A. Town software modification (HTE - 52,550) and District terminal (IBM compatible - 53,000)-are first-time expenses and should be amortized over a three-year period of $1,850 each year. B. 1 audit fee increases and Amendment #1 increase or impact to the budget are unknown. C. Future development projects such as the co mmunity center or other major projects will have an effect on the estimated add itions or cost to EVRPD. D. Computer time and set-up time will not be charged to the A 4 ..1.- 4 -4- Estimated conversion force acco 0 4 -,A ---4.. ided bv .... 6 6 -& ... C 94 W V Town is 97,000. .C' A cost accounting program of the Town will begin now for future analysis of costs. - Recraanized EVRPD staff as result of EVRPD/:own Proposal Accountina Clerk......$9.50/hour + benefits = $28,053 Duties '--'-- -6 1 I & -6 U de verifying monthly statements versus invoices, workers' comp. audit. -rance audit, credit applications, verifying invoices and coding, basic cash forecasting, division manager liaison, unemployment claims, internal cash control, personnel records, FLSA state fuel refunds, District vehicle licensing, etc. SUMMARY Curre nt Costs EVRPD .$54,796 Probable Annual - Town/EVRPD 21.050 Subtotal.....533 ,746 Reorganized EVRPD................ 28.053 Difference...S 5,695 i w ,#24 4 TOWN OF ESTES PARK Police Department & 1 6r, ~r ---RS)F~'4 -R< .21 1,1 - h - k -h iv /*;FÂ¢Â£T.13 .,1, h ph..~ 4.'bi>e) <*r,Â¢â‚¬457-r - -4+*. 'LANGAr#<//It ~~ .b U A /9.* 4. -.7, Ilit> <* >i,<<Re/3,44) M */6.5.51#:' > : 40 -34 S.Rk# /3~*Opff/..t/, Aâ€¢â€¢Â· 12 ~ -- June 4, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Rocky Mtn. Pharmacy of E.P., Inc. d/b/a Rocky Mtn. Pharmacy of E.P. Liquor Licensed Drug Store HEFFINGTON, Bobby Joe HEFFINGTON, Janet Sue Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the~ information received, I would recommend approval of the license for Rocky Mtn. Pharmacy of E.P., Inc., d/b/a Rocky Mtn. Pharmacy of E.P. Sincerely, A ; . i. lj'04/.uÂ·vi~ I / 0 v Â»1.-*'l--_ 4' .+ ; David J. 'Racine / I. ., Chief of -Police DJR/jo (303) 586-4466 â€¢ PO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 DR 8404102/91) COLORAODO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St. Denver CO 80261 COLORADO LIQUOR LICENSE APPLICATION IMPORTANT: For those retail licenses described in Column A below, this application and al~ License Issued Through Use Ucense Account No. supporting documents must FIRST BE FILED IN DUPLICATE WITH, AND APPROVED BY, THE (Expiration Date) for all reference LOCAL LICENSING AUTHORITY (CITY, TOWN, COUNTY). Applications will not be accepted unless all applicable questions are fully answered, all supporting documents correspondexactly with the name of the applicant(s), and proper fees are attached. CIABIUTYINFORMATION ~ You may attach separate sheets or additional documents if necessary to fully complete this Scounly' 614' Industrylype Liability Date application. All documents must be typewritten or legibly printed in black ink. Form DR 8404-1, Yndividual History Record" must be completed and filed in duplicate by the following: f U . FEE PAID *< :rÂ·Â· Â· Each applicant â€¢ Over 5% limited partners Cash Fund: Stm - 04, E County Â· All officers/directors of a corporation Â· Managers 11!!11I lilli T lilli I , 1/111 â€¢ All stockholders of a corporation not subject â€¢ Each person required to file form 66.1. ~ .. 414 6 Â§274 F x 49Â·1 to the Securities and Exchange Act of 1934 DR 8404 -1 must submit fingerprints Â· Over 5% stockholders of a corporation subject to the Local Licensing Authority. to the Securities and Exchange Act of 1934 Â· Please note: Fingerprints submitted will Â· All Umited Uability Company members andmanagers be used to check criminal history l~TOTAL Mgr>Re# g E,t Hrs L El Hrs Â· All general partners records with the FBI and CBI ~f .. . 4 ...41* 4. (: 374 49*1 NOTE: License status will not be given over the telephone. License will be mailed by the Liquor - Enforcement Division to the Local Ucensing Authority upon issuance. ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN APPLICANTS FOR BRAND NEW LICENSES, OR TRANSFERS OF OWNERSHIP MUST CHECK THE APPROPRIATE BOXES BELOW IN EITHER COLUMN A OR COLUMN B ANDMUSTALSO CHECKEITHER BOX (18) OR (19). 41 - 9 (3) COLUMN A STATE FEES 41 -9 (3} : COLUMNS p STATE FEES 18 0 Application Fee for New License $450.00 18 0 Application Fee for New License $450.00 19 ~~.Application Fee for Transfer of Ownership 450.00 19 1 Application Fee for Transfer of Ownership 450.00 20 U Retail Liquor Store License - City 202.50 26 0 Public Transportation License each $50.00 20 Il Retail Liquor Store License - County 287.50 27 0 Manufacturets Ucense-Brewery 275.00 21 M. Liquor Ucensed Drugstore - City 202.50 28 03 Manufacturers License-Winery 275.00 21 0 Uquor Ucensed Drugstore - County 287.50 29 E Manufacturer's Ucense-Distillery or Rectifier 1025.00 22 D Beer & Wine License - City 177.50 31 0 Wholesale Uquor Ucense (Vinous & Spirituous) 1025.00 22 0 Beer & Wine License - County 262.50 32 C Wholesale Beer License (Malt Liquor) 525.00 23 El Hotel & Restaurant Uc. El City O County 326.25 37 0 Importers License (Malt Liquor) 275.00 24 U Hotel & Restaurant Uc. 38 0 Importer's License (Vinous & Spirituous Uquor) 275.00 w/Optional Premises Â£ City U County 326.25 43 m Limited Winery Ucense 45.00 25 0 Club Ucense O City O County 135.00 44 0 Nonresident Manufacturer's Ucense (Malt Liquor) 275.00 40 U Tavem License m City O County 326.25 , 41 0 Arts License O City O County 135.00 42 0 Racetrack License O City O County 326.25 45 0 Optional Premises Uc. m City m County 326.25 O Extended Hours - Special License 170.00 1. Name of Applicant(s): If partnership. list partners' names (at least two); if corporation, name of corporation: Date filed withlocal Authority: . RocKY Nowâ€¢+4:A fhArMAir Of Este; Ark .ING. MAY1 7 1993 la. Applicant ila: F. E.I.N.: Gtforporation U Individual 0 Partnership El Limited Uability Company 34 - ) 12.2 f 15 2. Trade Name of Establishment: (DBA) State Sales Tax No.: Social Security No.: Roet<.9 730#NTAIN -PRAAM A C Y O 9 ES-FES PAR R 3. Address of Premises:(Specify exact location of premises. Diagram of premises must accompany this application.) Business Telephone: fo 80* 46 g '153 EA54- [4,142*JUU =-86 - 2-5 77 City: County: State: Zip Code: â‚¬sfes far K LAR,MAL CO 505/7 4. Mailing Address: (Number and Street) City or Town: State: Zip Code: Po 8.k 44 953 645+ Wcal,0-vi â‚¬ w â‚¬51/5 far k CO &0517 5. If this is a transfer of ownership or renewal application, you MUST answer the following questions about this business: Present Trade Name of That Est*lishment (DBA): Present State License No.: Present Type of License: Present Expiration Date: -S+AN(el Uit(A~& rk\A<*Ac~ 04-551 11- Suwt 19.93 YES 'NO t / 6. Is the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation).or manager. ~----'~ ~-~000" under the age of twenty-one years? 7. (a) Has the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation) ever ~ ~ been convicted of a crime? If answer is 'yes,Â» explain in detail. Exclude minor traffic violations. (b) Have persons lending assistance or financial suppon to the applicant, or the manager, or employees, ever been 0 9, convicted of a crime? If answer is "yes," explain in detail. Exdude minor tramc violations. 8. Has the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation), or 2 2/ manager, ever: (a) been denied an alcoholic beverage license? (b) had an alcoholic beverage license suspended or revoked? (c) had interest in an entity that had an alcoholic beverage license suspended or revoked? If "yes," explain in detail on = ./ separate sheet. _ '21 j 9. Has a liquor license for the premises to be licensed been refused within the prececing two years? If .yes." explain in detail. n 1-2*/ 10. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, m F#-x university or seminary? 11. Does or did the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation) have a direct or indirect interest in any other Colorado Liquor License (include loans to or from any licensee, or interest in a m.Â·[2/ loan to any licensee)? If "yes," explain in detail. 12. State whether the applicant has legal possession of the premises by virtue of ownership or under a lease. Attach a copy of A- m , deed or lease. If leased, list name and address of landlord and term of lease. Attach a copy of dagram of premises. 51â‚¬Ar 1â‚¬456 5 3-1-"17 COMM<,c.1.1 DevellM.I.'t, L.11. gil :44 st/#Â® 1- 13. Identify the persons, firms, or corporations who now, or will, have a financial interest, evidenced either by loans or equity (3, rc . |'2 1, co ownership in the business for which this license is requested. State the names and addresses of any such persons, and the amount and source of such financial interest expressed in dollars or other items of value, such as inventory, furniture or FOG g i equipment (i.e., bank, relatives, friends, previous owners, etc.). Use separate sheet if necessary. NAME _ ADDRESS INTEREST 64& 51 Heff;Ny'4/ 6 661 967 ER,ABY-,co A 50:0.60 , 14. List the names and addresses of all liquor businesses in which any of the persons in the previous question are materially interested. Use separate sheet if necessary. NAME BUSINESS ADDRESS NoNE Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person Oncluding a corporation) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. Page 2 of 4 15. Uquor Ucensed Drug Store applicants, answer the following: YES NO (a) Does the applicant for a Uquor Licensed Drug Store have a license issued by the Colorado Board of 2 0 Pharmacy? COPY MUST BE ATTACHED. . prma;.L_far STATE OF COLORADO DEPARTMENT OF REGULATORY AGENCIES BOARD OF PHARMACY PHARMACIST 13751 ORIG 05/12/93 10/31/93 1) vÂ» & 4*41 LICENSE NO RENEWAL NO ISSUED EXPIRES DIRECTOR DIVISION+ OF REGISTRATIONS BOB J. HEFFINGTON (76-20) 407 ALLEN LANE CALERA OK 74730 - barl ~~4.4' u ~GNATI~ OF~CENSEE NAME BOB J. HEFFINGTON CHANGE BRD 76 TYPE 20 LIC. NO. 13751-1 HOME ADDRESS MAIL CORRESPONDENCE TO: ~ HOME El BUSINESS HOME PHONE BUSINESS PHONE BUSINESS NAME/ADDRESS -11- AREA AREA - T A CHANGE OF NAME AND/OR ADDRESS FORM State of Colorado LICENSE PHARMACI ST ~ WALLET L!CENSE WALL LICENE 13751 ~ORIG ~05/12/93 ~10/31/93 ~ r LICENSE NO. RENEWAL NO ISSUED EXPIRES BOB J. HEFFINGTON 407 ALLEN LANE CALERA OK 74730 BRUCE M. DOUGLAS DIRECTOR DIVISION OF REGISTRATIONS LICENSEE SIGNATURE L 21. If the applicant is a corporation, answer the following: ' (a) Corporation is organized under the laws of the State of: Color.,Lo Date of Incorporadon: 4 -9- 93 (Attach Certificate of Authority (b) Out-of-state corporations, give date aOthorized to cio business in Colorado: from Colo. Secretary of State) (c) Date of filing last annual corporate report to the Secretary of State: p,J tort.'.41â€¢J (d) Name of each officer listed below: Home Address, City and State: Social Security # Date of Birth: President: 806 5. Atffihljbj 6107 -AI le.) LAWL./.-CALÂ«A/61,- 444-54-0-7Kq 9-16-55 Vice-President 1-AAÂ®+ St. 1-Ic,Ff; d,6.J '107 Allid LA"c .CALâ‚¬#A, OIC 9,1- 39-5E91 7- It -6/ Treasurer: 1/ t< 11 0. 1, i 1 U â€ž Secretary: B .1 14 t, It . 1, It . 1, (e) Name a115% or greater stockholders; Home Address, City and State ... '. -I - ,iÂ» . â€¢ ** - ~~- K~. % of *tock Date of Birth: include actual owner or pledaee 808 5.-UettiN321.80 - 407 alled LANâ‚¬, ~CALe,EA Old 19-130 loo~ 9-46-55 .1 -- (f) Name of all Directors or Trustees of Home Address, Cfty and State Corporation: 806 1 keFF;*11-0.j .2. Â· 407 Alle.j l.-A,tu *plCALE#Â£/~OK- -74730 - 4* ~....... ". - - I I I #. - -I ..' . -I -I --.-l- Il'-. I. I.. ~.I ).I.9 . h .*.-.I 22. Manager: 84 S 'te FF; AJAW OATH OF APPUCANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. .1 . I t * - Authortzed StiJE ~r, 11@,j/t~.k nt' 'flU1*7:ZW-/Arrdlru ,'.Â·AÂ· WNÂ·' WU,J. ~~'~ 5.- (3- 93 1~ AND APPROVAL OF LOCAL UCENSING AUTHORITY (Manulacturer*.nonrestdent manufacture~, tmporters,wholeâ€¢alers.#mited wtne,les, andpublic transportation licensees Â»dtoregard :hesection below.> Is this application for a: | | New Ucense mTransfer of Ownership Other (specify): -, YES NO Each person required to file DR 8404-1: Has been fingerprinted I ly I. 4, I ' Background NCIC and CCIC checked i ' -'' 4 <' -- + 4 Vt '. r E El The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. E E If 'no," the building will be completed and ready for inspection by (date) â€ž The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are / satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires ofthe inhabitants, and willcomplywiththeprovision of Ttle 12, Article 47, C.R.S. â„¢EREFORE, THIS APPLICATION ISAPPROVED. Local LIcensing Authorly for: : - 4 .1 : [3 TOWN, CITY .:2... 4.( D :34(t '' 0 COUNTY Signature: 4 , ...04 0 ':12. Date: Title: Signature (attest): lilli: Date: If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the derk to the board. I f, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. Page 4 of 4 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14.08.030 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK COLORADO, WITH REGARD TO ELECTRIC AND BARBED WIRE FENCES WHEREAS, the Board of Trustees of the Town of Estes Park have determined that it is necessary to amend Section 14.08.030 of the Municipal Code of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Section 14.08.030 is hereby amended to read as follows: 14.08.030 Electric and Barbed Wire Fences. .q A. No electrically charged fences shall be installed on any ~ property within the Town of Estes Park, Colorado. B. No barbed wire, razor wire or other sharp pointed fences shall be installed on any property within the Town of Estes Park, Colorado, subject to the following conditions: 1. In the CO, CD and I-1 zones, barbed wire may be installed if the lowest strand of barbed wire is maintained at least six feet above the adjoining ground level outside the ;i fence, no more than three strands of barbed wire are used and prior to construction of said fence, a permit must be obtained from the Building Inspector of the Town of Estes Park, Colorado. 2. On any property on which a permit has been issued to keep and maintain horses, pursuant to the provisions of 7.08.070 of the Municipal Code, a barbed wire fence may be built and maintained so long as said fence is at least 50 feet from the outside boundary line of the property. C. Any electric fence existing within the Town of Estes Park, Colorado on the effective date of this Ordinance shall be removed on or before the first day of July, 1998. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. MAY 21 1993 Kent & Donna Dannen 851 Peak View Drive Moraine Route Estes Park, Colorado 80517 303/586 - 5794 May 20, 1993 Dear Rich, Greg White suggested that I write to you with information that he and I discussed about the fence regulations that Greg was instructed to write. I've done quite a bit a research with regard to electric fences which might be useful. I don't like fences because they are unsightly and a hazard to wildlife. But they also are necessary in some situations, and I finally found it necessary to put up one myself. After consultation with all neighbors who would see it from their homes and with the Division of Wildlife officer, I put up a post-and-,rail fence 3.5 high of the typical lumber yard variety. This is 1bw enough for even elk calves to clear without danger of becoming fatally entangled. I then enstalled chicken wire around the inside of the fence to keep in my dogs. This wire is heavy enough to keep the dogs in but is practically invisible in most lights from a distance and does not pose much threat to deer or elk. Of course, this fence is too low to keep many dogs from going over the top. So, I put a hot wire around the top. But I did not want to be frying hummingbirds or hurting my neighbor's grandkids. And Patrick was 3 years old at the time we installed the hot wire. I got a system which does not have enough bite to endanger kids or birds, but which will keep the dogs in. Before dogs or kids were allowed in the yard with the fence on, I touched it myself. It reminded me of the snap you might get from static electricity when touching a light switch in winter. Not pleasant, but not bad either. The hot wire itself is very light weight, and elk frequently take it outÂ·when going.over the fence. But it can be fixed in literally ten seconds by just knotting it together. The box which powers this hot wire is called a Stinger Continuous Current Electric Fence, 3W, 60 cycle, 110 volt. I believe this system meets everyone desires. It's not dangerous to humans or wildlife, and it is fairly unobtrusive. The alternative would be chainlink so high that it would be very ugly. The Division of Wildlife tells me that chainlink is a serious elk killer unless it is 10 feet high. Of course, this would be not only ugly but also very expensive. Therefore, most fences would be much lower; four to five feet of chainlink would confine most dogs. But a proliferation of such fences, which a ban on all electric fencing would encourage, would significantly increase elk and deer deaths from becoming entangled in fencing. Another alternative which would work for some dogs is the invisible fence. This also is an electric fence, but is buried and relies on the dogs to be cpnfined by wearing a shock collar. This works great for the lab down the street from us, except when the pocket gophers eat through the wire. But for some dogs, the invisible fence does not work well due to either th<e dogs' temperaments or their long coats. In any case, a ban on all electric fences would apply to the invisible fence and to the low-power hot wire that I have used with great success and without any problems to kids or wildlife. I think that writing the ordinance to permit these two kinds of electric fences will be the best solution for protecting pets, kids, and wildlife as well as the beauty of Estes Park. Banning all electric fences without recognizing that there are differences among them, would result in uglification of Estes Park, additional fatal haizard to deer and elk, and more dogs running loose. Banning some kinds of electric fences but permitting others probably would come as , close to providing an ideal solution, pleasing to everyone, as is possible. With regard to barbed wire, I think it's only virtue is cheapness. The responsible horse-owning community discourages its use, as represented by the editorial policy of Horse Illustrated Magazine. As I said to Greg , the instructions to write an ordinance that allows barbed wire in "rural" parts of town is a joke. To 99% of the people in America, any place where you find elk and deer is by definition rural. Therefore, the middle of Elkhorn Avenue is rural, and you are going to have a heck of a time writing an ordinance in which English as used by most of the country does not apply in, Estes Park. Quite a few of our photos were used in an issue of Horse Illustrated last year that was devoted to fencing. If you think that the articles in this issue might be useful to you, I'd be glad to hunt it up. Thank you for your attention in this matter. If there is anything further I can do to help reach the good goals of this complex task, please let me know. Sincerely, Kent Dannen . EDWARD B. POHL - 451 PROSPECTOR LANE - P.O. BOX 3575 - ESTES PARK, CO 80517 - 9(303) 586-6319 May 25, 1993 Mayor H. Bernerd Dannels Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Mr. Mayor: It is with appreciation that I accept your appointment, and the Town Board of Trustees confirmation, as a member of the Estes Park Planning Commission. Since I have been advised by Town Council that I can not serve concurrently on the EPURA board and the Planning Commission I hereby resign as a Commissioner of the Estes Park Urban Renewal Authority, said resignation to be effective as of the time of my confirmation as a member of the Planning Commission. As you are aware, I have served as a Commissioner on the Estes Park Urban Renewal Authority for the past ten years. It is with some regret that I now must remove myself from that position. I have enjoyed working with my fellow Commissioners and sharing in their efforts and dedication in accomplishing the mandates given in the Downtown Redevelopment Program. I wish them continued success in their endeavors. I look forward to the challÂ©nges and opportunities offered in serving on the Planning Commission. Sincerely, Â£ c-Q â‚¬ 67Â£Â« Edward B. Pohl ce: *Ar-. EPURA To.. Adminiatrator ERP.hl:.bp 5/25/93 #0 ' IWAY 2 8 1993 CML Colorado Municipal League 1660 Lincoln Street, Suite 2100 MEMORANDUM Denver, Colorado 80264-2101 Phone (303) 831-6411 FAX (303) 860-8175 To: Managers or Clerks, Attorneys From: League Staff Re: 1993 Laws That May Require Immediate Attention Date: May 27,1993 Introduction The purpose of this memorandum is to provide brief explanations of certain laws which may require some immediate action or other attention by your city or town. While this memorandum is neither intended to be an exhaustive list or a detailed discussion of each bill listed below, it does provide your municipality with a brief overview of certain laws that may have possible, new impacts on your operations. We suggest that this memorandum be reviewed by appropriate personnel for any necessary ordinance or policy changes. Feel free to contact us if you need further information on the material contained in this memorandum. The appropriate League staff contact is listed after each Act's summary. Laws Enacted In July, each League member municipality will receive a copy of Laws Enacted, which summarizes various 1993 laws of municipal significance and reprints certain of those laws in their entirety. We suggest that someone in your organization be responsible for reading the publication carefully for any changes that may be necessary to your ordinances or general policies. These summaries will also be available in the July-August issue of Colorado Municipalities. CML Connection For CML Connection subscribers, all Acts are scheduled to be available on the system during June. In addition, Capitol Connection is offering a disk of all laws enacted for $100. If you are interested, contact Kenton Kuhn at 303-832-8309. Additional information on this computerized legislative information system can be obtained by contacting Steve Smithers at the League. Attached to this memorandum is a summary of 1993 Amendment 1 legislation prepared by David Broadwell. We hope it is of use to you. 1 4 Bill Summaries SB 93-48. Alcohol and Drug Offenses -- Juvenile Violations. Expressly extends the mandatory revocation of a driver's license for alcohol-related offenses to any counterpart municipal charter or ordinance offense, i.e. municipal offenses which are counterparts to state statutes prohibiting underage procurement or possession of fermented malt beverages and alcoholic beverages. Contains numerous other provisions related to the prevention of juvenile and gang related crime, including new provisions regarding the illegal discharge of a firearm and certain amendments to juvenile coun procedures. Effective July 1,1993. (David Broadwell) HB 93-1088. Courts -- Juvenile Jury Trials. Provides that no juvenile shall be entitled to trial by jury for a violation of a municipal ordinance for which jail is not a possible penalty, except that a juvenile is entitled to a jury for any offense which would be a class 1 misdemeanor under a counterpart state statute. Thereby overrules Bradford v. Lonamont Municioal Court, 830 P.2d 1135 (Colo. App. 1992). Provides for numerous other changes related to the prosecution of state criminal laws. Effective July 1,1993. (David Broadwell) HB 93-1255. Elections -- Coordinated Elections. Makes various changes to the state Uniform Election Code (Article 1 - 13 of Title 1, C.R.S.), including addition of provisions to implement "coordinated elections" on certain November election dates. Provides that if more than one political subdivision with the same electors or overlapping boundaries conducts elections on the same day in November, the county clerk and recorder shall conduct coordinated elections on behalf of all such political subdivisions that are not utilizing the mail ballot procedure set forth in the Section 1-7.5-101, ni sea., C.R.S. Defines political subdivisions covered by the coordinated election requirement to include counties, municipalities, school districts and special districts formed pursuant to Title 32, C.R.S. Provides that political subdivisions for which the county clerk will conduct a coordinated election shall enter into an intergovernmental agreement with the county by 60 days before the election. Provides that such agreement shall address at least allocation of responsibilities between the county and the political subdivision for preparation and conduct of the coordinated election and a reasonable sharing of costs between the countyand the political subdivision. Provides that the -election officials for the state and any political subdivision conducting an election in November (whether by mail ballot, as part of a coordinated election, or otherwise) shall prepare and transmit to the county clerk and recorder for the county or counties in which the subdivision is located any notice that the political subdivision is required to distribute pursuant to the TABOR amendment (Article 10 Section 20 of the Colorado Constitution); requires this information to be transmitted to the county clerk by 25 days before the election. Requires the county clerk to mail the required TABOR notices to electors. Requires petition representatives required to summarize comments in favor of their petition pursuant to TABOR to submit their summary in type written form to the local elected official in whose jurisdiction the petition is presented by at least 28 days before the election. Provides that the Uniform Election Code applies to any municipal election conducted as part of a coordinated election, except to the extent that the state code conflicts with a specific charter provision. Provides that any municipality may provide by ordinance or resolution that it will utilize the requirements and procedures of the state code in lieu of the Colorado Municipal Election Code of 1965. Makes various amendments to the state election code concerning the times when various actions must be taken for purposes of implementing the coordinated election. 2 Requires that any political subdivision participating in a coordinated election certify its ballot contents to the county clerk and recorder by the fifty-fifth day before the election. Requires that the county clerk establish, in consultation with election officials of each political subdivision participating in a coordinated election, polling places for the coordinated election by 90 days prior to such election. Requires that the polling places chosen allow an individual elector to vote at one polling place for all ballot issues and candidates voted on the same date. Provides thatthe nominating petition procedure for municipalities participating in a coordinated election shall be as provided in the Municipal Election Code, except that the timeframe for circulating and submitting such nominating petition is advanced to accommodate the coordinated election calendar. Amends the mail ballot statute to permit use of mail ballots on state general election dates. Permits the county clerk and recorder to combine precincts and polling places in coordinated elections. Contains numerous other provisions amending Title 1 and makes various conforming amendments in other titles. Effective July 1,1993. (Geoff Wilson) SB 93-135. Eledtions -- Initiative and Referendum Procedures. Amends and reorganizes Article 40 of Title 1, the statute which governs the initiative and referendum process. Further clarifies initiative and referendum procedures applicable at the local level unless local procedures are provided pursuant to charter or ordinance. Makes numerous changes concerning procedures for statewide initiatives and referenda. Requires proponents of a ballot issue to designate two persons, rather than at least three and no more than fiv@ persons, to . 4 represent the proponents in all matters affecting the petition and requires such a'designation : ... 4 at the time a draft of the petition is initially submitted to the clerk. Provides procedures for setting ballot titles at the local level. Unless otherwise provided for by charter or ordinance, L Â£ the Title Board shall consist of the local election official and the governing board, and shall meet at regularly scheduled meetings of the governing board. Provides that the title shall be fixed by resolution and sets forth criteria for a suitable title'. Sets forth procedures for a rehearing process on the title for a statewide ballot issue; provides that any rehearing concerning the title for a local ballot issue shall be as provided by ordinance, resolution or ~ 1 charter provision. Requires that a petition for any local measures shall be filed within six months from the date the title is set. Adds a requirement that the petition circulators' affidavits contain a statement that the circulator has read and understands the laws governing circulation of petitions. Requirea that paid and unpaid petition circulators wear badges identifying them as such; specifies additional badge requirements. Provides that no petition shall be printed, published or otherwise circulated unless the form and thefirst printer's proof of the petition has been approved by the local election official. Authorizes verification of statewide petition signatures through a random sampling process administered by the Secretary of State. Provides that protests to the election official's decision on petition signature validation shall be filed in writing within thirty days after issuance of the validation decision in the district court for the county in which the petition has been filed. Requires that proponents of a petition who are utilizing paid petition circulators file monthly reports with the election official who receives filings under the "Campaign Reform Act of 1974"; specifies the requirements for such filings. Adopts in statute the ballot issue notice requirements of the TABOR Amendment (Article 10 Section 20 of the Colorado Constitution); provides that mailing of such a notice is not required for a ballot issue that does not involve an increase in taxes or debt pursuant to Section 20 of Article 10 of the state Constitution. Requires retention of petitions for a period of three years from the time of submission of the petitions to the local election official. Makes various conforming amendments and contains numerous other provisions. Effective May 4,1993. (Geoff Wilson) 3 HB 93-1155. Elections -- Initiative and Referendum -- Ballot Titles - Effect of "Yes Vote. Requires that initiative measures be drafted, to the extent possible, with clarity and simplicity so as to avoid confusion among voters. Requires that initiative measures be drafted in such a manner that voters casting a vote for the measure are likely to be casting a vote in favor of the proposition or viewpoint that they believe they are casting a vote for. Requires that ballot titles for initiative measures be worded so that a "yes" vote means a vote in favor of the proposed law or constitutional amendment, and a "no" vote means a vote against the proposed law or constitutional amendment. Contains additional provisions. Effective April 1,1993. (Geoff Wilson) HB 93-1223. Employment -- Post-Employment Compensation -- "Golden Parachute". Adds a new Article 19, concerning post-employment compensation of government supported employees, to Title 24, C.R.S. Expressly excludes from the scope of this new Article any 2 17 employee of a unit of local government whose governing body is directly elected by the **e-- T electors of such lopal government. Defines local government as including any municipality. Prohibits the payment of post-employment compensation by any covered governmental unit or government-financed entity to any official or employees. Provides an exception to such prohibition for the payment of a maximum of three months of salary and the provision of a maximum of three months of employee benefits to an official or employee. Limits such compensation to any official or employee employed for less than five years and allows such compensation to be paid only if the appointing authority for the official or employee takes positive action to approve the compensation. Provides that the payment of any such compensation shall be solely the option of the appointing authorityand no employee or official shall have a right to receive any post-employment compensation. Requires that any employment contract between a covered governmental unit or government-financed entity and an official or employee or any extension of such a contract state that: Such contract is subject to termination by either party at any time during the term of such contract; such official or employee shall be deemed to be an employee-at-will; and no compensation shall be paid to such official or employee after the termination of such contract except for compensation earned during the contract's term. Requires that any such employment contract or employment contract extension be available for public inspection. Prohibits any employment contract intended to evade the requirements of the Act. Requires that infoitnation regarding any settlement agreemeht between a covered governmental unit or government-financed entity and an official or employee that settles any employment dispute and that involves the payment of any compensation after the end of such official or employee's term of employment be available for public inspection. Effective July 1,1993. (Geoff Wilson) HB 93-1063. Elections - Revisions to Municipal Election Code. Allows a municipality to provide by resolution that it will utilize the regulations and procedures of the "Uniform Election Code of 1992" instead of the "Colorado Municipal Election Code of 1965" with respect to any election. Requires the Secretary of State to provide each municipal clerk a copy of the state municipal election laws at least 30 days before any regular election. Requires the Secretary of State also to prepare and transmit an election manual including pertinent sections of the municipal election laws to each municipal clerk for distribution to the election judges in each municipal election precinct. Allows a change of address by the electors within the county within 24 days of the election by sworn affidavit. Requires nomination petitions to indicate the office being sought and to include a sworn affidavit stating that the candidate meets the 4 within 24 days of the election by sworn affidavit. Requires nomination petitions to indicate the office being sought and to include a sworn affidavit stating that the candidate meets the requirements to hold municipal office. Requires that any objection to an affidavit attached to a nominating petition be made within three days of filing. Allows the clerk to appoint another qualified person if any person appointed as an election judge is unable to serve. Requires an election judge to swear or affirm that he or she is a registered elector in Colorado. Requires that candidate names appear on the ballot arranged by lot as prescribed by the municipal tlerk under the designation of the office sought. Makes absentee voting an option for any registered elector without the necessity of giving a reason. Requires delivery of absentee ballots to voters within 72 yours of receipt from the printer. Extends the time for voters to return absentee ballots and for the clerk to deliver the completed absentee ballots to the judges. Extends the time for voters to request and return emergency absentee ballots. Requires the clerk of the municipality to request the mayor's assistance in conducting the canvass of voters. Requires the clerk to appoint a municipal judge, a member of the election commission or a person qualified to be an election judge who did not serve as an election judge in the election to assist the clerk if there is no mayor or if the mayor was a candidate in the election. Provides that in a municipality that uses four year overlapping terms of office for governing body members, the candidates receiving tim highest number of votes shall be awarded any available four year terms of office and the candidate receiving the next highest number of votes shall have his or her term shortened, as provided in 31-4-301 (5). 'Allows a losing candidate or supporters of a losing ballot issue to submit a written request for a recount with the clerk within 10 days after the election, if the candidate lost or the ballotissue failed 1 by one percent or less of the votes cast for the candidate declared elected or in opposition to M the ballot issue. Requires the municipality to pay the cost of the recount unless provided otherwise by ordinance. Requires the clerk to determine the cost of the recount and notify .â€¢â€¢11 the requesting party of the cost before conducting the recount, if the ordinance requires the requesting party to pay the cost. If the losing margin is more than one percent, allows the . losing candidate or supporters of the losing ballot issue to submit a written request for a recount at the requesting party's expense within 10 days after the election. Requires the "c clerk to determine the cost of the recount and notify the requesting party before conducting the recount. Requires the requesting party to pay on demand the cost of the recount to the '4 clerk. Requires the payment to be refunded if, after the recount, the candidate requesting the recount is declared the winner or if the ballot issue is declared passed, without regard to the margin of victory. Requires the clerk to be responsible for conducting the recount and that the clerk be assisted by those assisting in the preparation of the official. abstract of votes. Requires another person to be appointed should a previous assistant be unable to participate in the recount. In conducting a recount, allows the clerk to require documentary evidence regarding the legality of any vote cast or counted and to correct the survey of returns based on the evidence. Requires recounts of the ballots cast to be tallied on sheets other than those used at the election in precincts using paper or electronic ballots. Requires recounts of the votes tabulated on voting machines and that separate tally sheets be used for each machine in precincts using voting machines. Prohibits anonymous statements concerning candidates or issues. Effective July 1,1993. (Geoff Wilson) SB 93-98. Elections -- TABOR Amendment - Construction of "Ballot Issue". Specifies the matters which may be placed on the ballot at state and local elections held in November of odd-numbered years pursuant to Section 20 of Article X of the state Constitution (the TABOR Amendment). On the state level, includes initiated and referred amendments to the state 5 Constitution," which are defined to include approval of tax increases, approval of debt or other multiple-fiscal year financial obligations, approval of emergency taxes, approval of revenue changes, approval of a delay in voting on ballot issues, and approval of the weakening of a state limit on revenue, spending, or debt. On the local level, includes parallel provisions for initiated and referred ordinances, resolutions, and franchises if they concern "local government matters arising under Section 20 of Article X of the state Constitution." Reflecting the General Assembly's construction of TABOR as not affecting local special elections on non-TABOR issues, states that the submission of issues at local elections in November of odd-numbered years shall not be deemed the exclusive method of submitting issues to the voters and that the authority of local governments to hold issue elections in accordance with other provisions of law is not repealed, diminished, or otherwise affected. Effective upon Governor's signature. (Geoff Wilson) HB 93-1264. Employment -- Workers' Compensation - Self Insured Reponing. Requires employers self insured for workers' compensation to provide the Director of the Department of Labor and Employment with data on closed indemnity claims on an annual basis on November 15 of each year. Limits the data collection by the Director to the data included in the workers' compensation closed claim study conducted annually by the commissioner of insurance pursuant to statute. Limits the number of claims required to be reported by self insured employers to a randomly selected sample. Repeals all reporting requirements July 1, 1996. Effective upon Governor's signature. (Steve Smithers) HB 93-1252. Highways -- Abandonment of Roadways. Provides that the transfer to any party, including a government agency, of all or any part of the land upon which a public road is constructed shall not act to vacate the road and shall not act to diminish the rights of any person in such road. Authorizes the transfer of any rights that have been established by law in a road providing access to any parcel of land when such parcel of land is transferred. With the exception of a roadway that has been established but has not been used as a roadway, prohibits the vacation of any roadway established as a state, county, or municipal roadway to be vacated or abandoned by specified official action. Requires that any documents vacating or abandoning any roadway be recorded in the office of the county clerk and recorder. Effective April 30,199-3. (Jan Gerstenberger) - - HB 93-1258. Law Enforcement -- Extraterritorial Arrest Powers. Authorizes a peace officer, who is certified by the state Peace Officers Standards and Training Board and employed full time by a law enforcement agency, to act on any felony or misdemeanor situation being committed in the officer's presence whether or not the situation is occuring in the officer's employing jurisdiction. The officer can only act in such a situation when the officer has been authorized to do so by the officer's employing jurisdiction. The local law enforcement agency having jurisdiction over the situation being observed shall be immediately notified of the arrest, and any person so arrested shall be relased to the custody of that agency. Effective July 1, 1993. (Sam Mamet) HB 93-1324. Pensions -- PERA - Benefit Provisions - Early Retirement. Effective July 1, 1993, adds members who retire at the age of 50 with at least 25 years of service credit to those eligible for reduced service retirement benefits, provides the method for calculating these benefits, and makes vested inactive members with at least 25 years of service credit and their surviving spouses eligible for annual indexed Benefit increases. Effective March 1, 6 1994, makes changes in calculating retirement benefits and survivor benefits. Changes the method and establishes the date of March 1 for annually recalculating the increase applied to all benefits paid and eliminates a different recalculation for benefits paid from the judicial division. Removes the provision for annual increases for benefits effective prior to May 1, 1969, and the table of cost of living increases. Terminates the cost of living stabilization fund and transfers the assets of such fund to the retirement benefits reserve within each 9f the division trust funds on a proportional basis. Sections 1 through 4 of the act are effective July 1,1993 and Sections 5 through 14 are effective March 1,1994. (Steve Smithers) HB 93-1349. Records -- Sexual Assault Victims. Requires any criminal justice agency, including municipal law enforcement agencies, to make the notation "SEXUAL ASSAULT"on any record relating to the commission of certain enumerated state sexual assault crimes. Requires the deletion of the name of any sexual assault victims name from any record bearing the notation "SEXUAL ASSAULT" prior to the release of the record. Effective upon Governor's signature. (David Broadwell) SB 93-61. Taxation -- Collection of Delinquent Special Assessments. Requires any sale of property for delinquent property taxes to include any delinquent special assessments on such property. Provides that any county or municipality which is a holder of certificate of purchase may bring an action for foreclosure against persons who are occupying or in possession of the 4 property. Specifies that legal actions which counties and municipalities are entitled to bring for adjudication of rights regarding real property include quiet title actions. Effective March 26,1993. (Jan Gerstenberger) , SB 93-255. Taxation - Property Tax Procedures for Implementing Amendment 1. Provides a number of procedural changes to property tax statutes to aid in the implementation of Amendment 1. Advances from October 10 to August 25 the date upon which county assessors must certify total assessed valuation to local governments in order to permit time , for the scheduling of November mill levy increase elections if necessary. Otherwise amends the assessment calendar in order to meet the new August 25 deadline. Requires assessors to submit additional information on "local growth" to local governments in order to calculate permissible revenue/spending increases under Amendment 1. Provides a procedure for local governments to grant temporary property tax credits or temporary mill levy rate reductions in order to effect any "refund" which may be required under Amendment 1. Effective upon Governor's signature. (David Broadwell) SB 93-155. Utilities -- Underground Facilities -- Notification Association. Creates a statewide notification association of owners and operators of underground facilities excavators with information on the location of underground facilities. Requires all owners and operators of underground facilities in the state, including municipalities, to join and cooperate with the notification association, by September 1,1993. Defines "underground facility." Divides owners and operators into "tier one" and "tier two" groups, with the greater degree of responsibility falling on tier one members. Specifies that tier two members are "limited" members. Names local governments, electric cooperatives, cable television operators, and small local exchange telephone providers as tier two members. Provides that tier two members shall pay a one-time membership fee of twenty-five dollars to the association, and shall be assessed no other charges, costs or fees. Provides penalties for failure to join the association and other violations of the Act. Repeals statutory provisions requiring 7 . municipalities and other owners and operators not part of a notification association, to provide information to the county clerk concerning the general location of their underground facilities and a contact person; requires tier two members to instead provide this information to the ' association. Requires that excavators give advance notice to owners * and operators of underground fadilities. Mandates that notification be resubmitted if the excavation is not completed within 30 days. Specifies the form and content of notice to be given.. Allows excavators to request written information concerning the location of underground facilities from the association. Directs excavators to retain certain information concerning the location of underground facilities for the duration of the excavation. Provides direction to excavators if they discover that the information they have on any facilities in the area of excavation is inaccurate. Requires that certain types of marking be used to identify types of underground facilities. Specifies how long such markings shall be valid. Creates civil penalties for the violation of the notification requirements and for damaging underground facilities in violation of the act. Effective September 1,1993. (Geoff Wilson) SB 93-130. Utilities -- Water Activity Enterprises. Provides a non-exclusive procedure for local governments to recognize "water activity enterprises" for purposes of Amendment 1, which may include any water, sewer or drainage utility. Defines "grants" to the enterprise to include only certain cash revenues. Provides that the governing body of the enterprise shall be the governing body of the governmental entity which owns the enterprise, unless otherwise provided by applicable state or local law. Prohibits water activity enterprises from being jointly owned by several governments, but allows enterprises to contract with one another. Provides revenue bonding authority for water activity enterprises, to be exercised . by the governing body of the enterprise. Provides that water activity contracts which existed on November 3, 1992 are not impaired by Amendment 1. Provides that annexation of property to a district with a pre-existing mill levy does not trigger the need for an election in the annexed territory. Specifies that revenues collected by water activity enterprises or by districts on their behalf for services rendered are not subject to the limitations of Amendment 1. States that these provisions will not be construed to impair the ability of local governments to use other procedures to establish other enterprises for other purposes. Effective March 30, 1993..(David Broadwell) - - 8 . Prepared by CML David Broadwell May 14, 1993 1993 LEGISLATION CONCERNING THE IMPLEMENTATION OF THE TAXPAYER'S BILL OF RIGHTS (TABOR) SB 93-74 Concernina State Fiscal Policies and Procedures Establishes many of the basic assumptions which will be used by the state for purposes of budgeting and spending in compliance with TABOR. Defines numerous "fiscal year spending" terms for state purposes, e.g. "property sale," "damage award," "gift," "grant," "reserve increase," etc. Brings many expenditures which were formerly "off budget" into the General Assembly's annual appropriation process in order to manage aggregate state revenue and spending. Provides that certain "special purpose authorities" will not be considered to be part of the state's FYS base. Excludes most net lottery proceeds from the state's FYS base. Narrowly construes the ability of local governments to reduce or end their subsidy to state mandated programs under Section 9 of TABOR. Spawned five interrogatories to the state Supreme Court, two of which were accepted and addressed in 93 SA 68. SB 93-78 Concerning State Mandates Further implements Section 9 of TABOR by requiring any local government which intends to reduce or end its subsidy to a state mandated program to give the state written notice of such intention. Requires any proposed reduction to occur over a three year phase out period. Authorizes Â· the Department of Local Affairs to promulgate rules and regulations pursuant to SB 93-78. SB 93-98 Concernina Ballot Issues Narrowly construes the term "ballot issue" as contained in TABOR for both the state and local governments, i.e. assumes that the election provisions contained in TABOR only apply to the kinds of tax, revenue, spending and debt questions arising out of the requirements of TABOR. For purposes of the state, this means that off year elections , will include only TABOR-related ballot questions. For purposes of local governments, this means that the mandatory election dates set forth in TABOR are deemed to apply only to TABOR-related questions, and local governments remain free to conduct special elections on other dates for ballot questions which are unrelated to TABOR. Spawned two interrogatories to the state Supreme Court, both of which were summarily rejected. HB 93-1255 Concernina Coordinated Elections Provides for the coordination of local elections on the November election dates specified in TABOR, with municipalities, counties and Title 32 Special Districts working through the county clerk who will actually conduct the election. Implements the provisions of TABOR which require the coordinated mailing of election notices for ballot issues. Provides for local governments to enter into intergovernmental agreements with counties in order to effect these provisions. HB 93-1330 Concernina Renewal of the State Tourism Tax Represents the first statewide ballot issue to be proposed under the new TABOR requirements. Sets a November 1993 election for the voters to consider reinstating the state tourism tax which expires June 30, 1993. Provides for ballot wording which will specify a dollar amount of revenue to be collected in the first full fiscal year, as required by TABOR, but which also provides that the tax revenue may increase in future years according to the rate of inflation and state population growth. Provides that revenue in excess of the specified amount will be subject to refund. SB 93-245 Concernina Multiole Fiscal Year Obliaations Provides that the state can continue to engage in multi-year contracting through instruments which are expresslysubiect to annual aDDrooriation, and such instruments will not be considered multiple-fiscal ye,r financial obligations within the meaning of TABOR. However, provides that, for the time being, the state will not engage in any new transactions involving the issuance of certificates of participation, even if such transactions are subject to annual appropriation. Holds open the possibility that the state will again resume c.o.p. transactions in the future if and only if an appellate coug_determines that certificated lease-purchase transactions are not considered to be multiple fiscal year obligations under. TABOR. SB 93-255 Concernina ProDertv Tax Procedures Makes a variety of technical procedural changes to the property tax statutes to aid in the implementation of TABOR. Advances from October 10 to August 25 the date upon which county assessors must certify total assessed valuation ' to local governments in order to permit time for the scheduling of November mill levy increase 4 elections if necessary. Requires assessors to submit additional information on "local growth" to local governments in order to calculate permissible revenue/spending increases. Provides a procedure for local governments to grant temporary property tax credits or temporary mill levy rate reductions in order to effect any "refund" which may be required under TABOR. 2 HB 93-1327 Concernina the Enterorise Status of the State Lotterv Division Establishes the State Lottery Division and the Colorado Lottery Commission as an enterprise under the definition contained in TABOR by conferring revenue bonding authority upon the commission, thus exempting gross lottery revenue from the state's FYS base. Expressly provides that the Commission will nevertheless continue to be a state public body for purpose of open meetings and open records laws. HB 93-1355 Concernina the Enterorise Status of Higher Education Auxiliarv Facilities Authorizes the establishment of higher education auxiliary facilities (e.g., dining halls, student stores, athletic facilities, etc.) as enterprises by action of the governing body of each institution of higher education. Expressly provides that the governing body may issue revenue bonds on behalf of the auxiliary facility, and this will be deemed sufficient to deem the auxiliary facility itself an enterprise. Provides for strict annual oversight of these enterprises by the state auditor, and reserves to the General Assembly the prerogative to overrule any ehterprise designation made by an institution of higher learning. Recognizes the student loan division of the Department of Higher Education as an enterprise. HB 93-1339 Concernina the Enterorise Status of State Nursing Homes Recognizes that state nursing homes may qualify as enterprises so long as they retain their statutory authority to issue anticipation warrants. Equates anticipation warrants with revenue bonds for purposes of meeting the enterprise definition contained in TABOR. SB 93-130 Concernina Water Activitv Enterorises Provides a non-exclusive procedure for local governments to create or recognize water activity enterprises, which may include water, sewer or drainage utilities. Defines "grants" to the enterprise to include only certain cash revenues. Indicates that the governing body of the local government will be the governing body of the enterprise unless another governing body is designated. Prohibits water activity enterprises from being jointly owned by several governments, but allows enterprises to contract with one another. Provides revenue bonding authority for water activity enterprises, to be exercised by the governing body of the enterprise. Provides that water activity contracts which existed on November 3,1992 are not impaired by TABOR. Provides that the annexation of property to a district with a preexisting mill levy does not trigger the need for a TABOR election in the annexed territory. Expressly states that this section will not be construed to impair the ability of local governments to use other procedures to establish other enterprises for other purposes. 2 HB 93-1347 Concernina the Enterorise Status of Countv Hosoitals Authorizes the board of hospital trustees of a county hospital to designate their hospital as an enterprise if it meets the definition set forth in TABOR. Permits county commissioners to veto the issuance of revenue bonds by the hospital board. Requires county hospitals to notify the Department of Local Affairs whenever they designate themselves as an enterprise. SB 93-162 Concernina the Black Hawk Territorial Charter Repeals and re-enacts the charter for the city of Black Hawk and in so doing defines a number of TABOR terms as they will be applied to the city. Specifically defines "grant," "ballot issue" and "local government" and "collections for another government." Miscellaneous Notes on Legislative Proposals Which Were Not Adopted Two amendments to TABOR were proposed for referral to the voters. SCR 93-6 would have provided voters the option to exempt-their local governments from TABOR, in whole or in part. The proposal received the necessary two-thirds approval in the Senate, but was defeated in the House State Affairs Committee. SCR 93-7 would have substantially amended the revenue/spending -limitations contained in TABOR, but was defeated immediately in the Senate Finance Committee. The Colorado Municipal League and others explored the possibility of generic enterprise enabling legislation in the mold of SB 93-130 (above) to address the full range of local government enterprises but met considerable resistance to the idea from legislative leadership. HB 93-1335 proposing enterprise status for intergovernmental E-911 authorities was killed in committee as many legislators expressed doubts about how local governments intended to implement the enterprise exception. SB 93-251 concerning special a5sessments was intended to clarify who is entitled to 961*on count,0- and niunitipdl special assessment bonds- and to ack-noWI@-*ie that some assessment could be associated with enterprise activities. The bill passed the Senate, but was killed by the House Finance Committee. The so-called "Ziff-Davis" bill regarding economic development incentives, HB 93-1352, would have included provisions expressly permitting TABOR-mandated refunds of excess revenues to be attributed directly to the particular business which could be identified as having generated the excess revenue. The bill died in the House Appropriations Committee. In addition to the state enterprise bills noted above, the possibility of designating other state enterprises was discussed. For example, a proposal to designate the state fair as an enterprise was placed on hold due to the fact the fair will be receiving a large cash infusion from the state this year which will exceed the 10 percent grant criterion set forth in TABOR. 4