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HomeMy WebLinkAboutPACKET Town Board 1993-11-09BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 9, 1993 7:30 P.M. AGENDA Employee Recognition for Gail Matuszak - Larimer Emergency Telephone Authority--Police Chief Racine. PUBLIC INPUT. To conduct 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 October 26, 1993. 2. Bills. 3. Committee Minutes: A. Special Events, October 28, 1993. B. Public Works, October 28, 1993. C. Light & Power, November 4, 1993. D. Administrative, November 4, 1993. ACTION ITEMS: 1. Public Works Committee, October 28, 1993: A. Lake Estes Hike/Bike Trail Intergovernmental Agreement with Larimer County and EVRPD - Approval. 2. Administrative Committee, November 4, 1993: A. Creation of "Home Occupation" Category for Business License - Approval of Ordinance. 3. A. Public Hearing: North Ridge Meadow Condominiums, Second Amended Plat, East Park Subdivision, Rich Wille/Applicant. 4. Reappointments: A. Estes Valley Public Library District: John Adams and Dennis McHenry, 5-year terms, expiring 12/31/98. B. Museum Advisory Board: Sybil Barnes, 4-year term, expiring 1/1/98. 5. Town Administrator's Report. NOTE: Due to the holiday season, the Town Board meeting December 28, 1993 has been canceled, therefore, only one meeting will be conducted - December 14, 1993. 1 Town of Estes Park, Larimer County, colorado, . pqtqber. 26. . ., 19.93 . Minutes of a . Regular. . . meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in October said Town of Estes Park on the 2.6th. . . day of ......... ., A.D., 19.9.3 at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... H. B. Dannels Pregent: Mayor Trustees :George J. Hix, Mayor ProTem Robert L. Dekker, Susan L. Doylen, Stephen W. Gillette, Gary R. Brown, David Habecker Also Present: Appointed Trustee Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, 4/04"% f Town Clerk Absent: None Mayor Dannels called the meeting to order at 7:30 P.M. and Town Clerk 0' Connor conducted a swearing-in ceremony for newly-appointed Trustee, Gary R. Brown. i PUBLIC INPUT. Lou Canaiy questioned where the proposed allocation for the Town's portion of the Lake Estes Hike/Bike Trail was being funded, particularly pursuant to the TABOR Amendment, and whether a detailed analysis of the operation of the Conference Center was being published. Staff assured Mr. Canaiy that the Town and EPURA were budgeting with TABOR guidelines and that Conference Center statistics were reported on a regular basis at the Community Development Committee. Mayor Dannels noted that the Center is operating far above expectations. CONSENT CALENDAR: 1. Town Board minutes dated October 12, 1993. 2. Bills. 3. Committee Minutes: A. Community Development, October 14, 1993. B. Planning Commission, October 19, 1993 (acknowledgement only). It was moved and seconded (Dekker/Hix) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Planning Commission: A. North Ridge Meadow Condominiums. Second Amended Plat. East Park Subdivision. Rich Wille/Applicant. At the Applicant's request, it was moved and seconded (Hix/Gillette) the public hearing be continued to November 9, 1993, and it passed unanimously. B. Amended Plat of Lot 27. and a Portion of Lot 28. Little Prospect Mountain Addition. John Gibbs/Applicant. At the Applicant's request, it was moved and seconded (Hix/Doylen) the public hearing be continued to November 23, 1993, and Board of Trustees - Octrober 26, 1993 - Page 2 it passed unanimously. C. Special Review #93-3. Lot 6. Manford Addition. for U-Haul Truck/Trailer Storage and Propane Dispensing. Gerrv Dougherty/Applicant. Mayor Dannels opened the public hearing. Community Development Director Stamey stated he would review the Special Review functions of the Town Board and area of considerations for this site; review Planning Commission action and neighborhood comments; and review development plan considerations for this site. The Applicant has located a U-Haul Truck/Trailer Storage business near the intersection of S. St. Vrain and Graves Ave. The C-0 District provides that no principal use shall be allowed outside of a building except those uses approved i through special review. The U-Haul business began on this site without special review. Town Trustees may approve, approve with conditions or deny an application--the burden is on the Applicant to meet established, very specific criteria. During Planning Commission review, the Applicant did present certain items to the Commission and such are contained in the minutes dated October 19, 1993. The Commission reviewed the criteria, comments, and forwarded a unanimous recommendation for denial based upon safety hazards, nearby land uses and damage to them, environmental characteristics of the site and related areas, the intrusion into the neighborhood, and departure from the established character of the neighborhood. Landscaping and screening was reviewed along with the vehicle yield which was revised during the Commission meeting--it is important to know how many vehicles will be on the site. With regard to the safety issue, Director Stamey noted that the State Oil & Gas Commission and Town previously issued permits for the propane dispensing, therefore, such would not be included in the Town Board's review. Town Attorney White confirmed that the "propane dispensing" item associated with this proposal was not part of this application. Director Stamey also noted that CDOT has not yet granted an access permit for the U-Haul business, and that if and when CDOT issues an access permit, new or additional requirements may be required. CDOT regulates access to the highway; after receipt of the plans and associated documents, if any changes are minor in nature, this item would not be returned to the Town for further review. Director Stamey noted that the staff report to the Planning Commission included eight conditions for the U-Haul Special Review to be accepted. Questioned whether the request would be acceptable if all eight conditions supplied by staff would be complied with, staff stated in the affirmative. Stamey further commented that the lot size is 36,000 sq. ft. (includes the gas station) - photographs were presented which identified the combination of 25* vehicles and how difficult it is to ascertain how said vehicles relate to the U-Haul business. Although the service station located on the property is not a part of any Special Review request, Stamey stated that the number of vehicles on the service station portion of the property was a concern. In the event that more than nine vehicles are on the service station portion of the property, then that occurrence will prompt development plan review of the service station. Those speaking in favor of the request were Gerry Dougherty/Applicant--the U-Haul trucks were relocated to Board of Trustees - Octrober 26, 1993 - Page 3 this site approximately three years ago; he is attempting to resolve concern and continue to utilize this site; was aware of the eight conditions presented to the Planning Commission by staff and was willing to comply in an adequate time-frame for completion; if more than ten vehicles necessitate parking storage, they would be relocated to he Applicant's personal property; a buffer zone between the C-0 and Residential zoning was considered this past summer and the Applicant considered relocating an existing aspen grove which is currently behind an existing house. When again questioned how approval of this request would affect those vehicles associated with the gas station, Director Stamey confirmed that if the use of the gas station is expanded, it will require a development plan for the station. The maximum number of outside storage (vehicles) that would be allowed are: nine vehicles at the gas station. If this number is exceeded, it would require a development plan. Ed O'Dell, gas station owner, commented on the following: when the site was purchased he was made aware of a 25' strip of land adjacent to the station (south side) that includes a fence - this area is not owned by Mr. O'Dell; shrubbery has been planted in front of the retention pond, on the side of the office and between this business and the adjacent bowling alley to buffer the area, contain any noise and conceal the "unsightly business." Mr. O'Dell clarified how the vehicle repair portion of the station operates and the continual problem of the accumulation of vehicles on the site; confirmed he was willing to plant trees on the south side of the site; explained the relationship with the U-Haul operator, which is a separate and distinct business; accepted the stipulation that the site would be allowed a total vehicle storage limit of 19 (outside) for both businesses - 10/U-Haul and 9/gas station; and reviewed previous State Highway signage. Those speaking in opposition: Pete Princehorn/650 S. St. Vrain, who presented photographs identifying the adverse visual impact from approximately 20 vehicles on the site. Mr. Princehorn desires the site to be put into an orderly condition with screening. In rebuttal, Mr. Dougherty noted that if the request is approved, neighborhood concerns would be addressed by the use of screening. Al Sager, Chairman/Planning Commission called attention to and read aloud that portion of the Code relating to special review criteria and how the Commission found grounds for denial of the request. There being no further testimony, Mayor Dannels declared the public hearing closed. Trustee Habecker commented that as the trucks are 12' high, screening would not resolve the issue; the Board was aware Of Planning Commission consideration; the proposal's benefits to the Town do not outweigh any adverse effects for the Town or the vicinity; the site is unsightly and has steadily declined since it was developed; and moved Special Review Request #93-3 for Lot 6, Manford Addition be denied based upon the following reasons: 1. Nearby land uses and damage to them. 2. Environmental characteristics of the site and related areas and the consequences of development. 3. Visual and noise intrusion into the neighborhood. Board of Trustees - Octrober 26, 1993 - Page 4 4. Departure from the established character of the neighborhood. Trustee Habecker added that the U-Haul business is to be removed from this site within 6 months (April 26, 1994). Trustee Doylen seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Habecker and Hix. Those voting "No" Trustees Brown and Gillette. 2. Appointment - EPURA Commissioner. Mayor Dannels requested Randy Martin be appointed to fill the vacancy on the Estes Park Urban Renewal Authority vacated by Ed Pohl. It was moved and seconded (Hix/Habecker) Randy Martin be appointed to serve a 5-year term, expiring September 15, 1998, and it passed unanimously. 3. Colorado Water Resources and Power Development Authority - refinancing of Small Water Resources Loan. Administrator Klaphake and Attorney White reviewed the Authority's request to refinance said 1990 $6.5 Million loan. The Town will realize a savings of $60,245 spread over the loan period (2010). It was moved and seconded (Brown/Habecker) the Mayor be authorized to execute the Update Certificate, and it passed unanimously. 4. Town Administrator's Report. Administrator Klaphake reported that the Museum Advisory Board has recommended the search for a new Museum Director be discontinued and that Betty Kilsdonk serve as Museum Director, effective October 28, 1993. Staff concurs with the recommendation. Ms. Kilsdonk currently held the position of Museum Curator; this position will remain vacant. Trustee Dekker noted that Ms. Kilsdonk has proven to be very capable. It was moved and seconded (Hix/Habecker) Betty Kilsdonk be promoted to Museum Director, and it passed unanimously. There being no further business, Mayor Dannels adjourned the meeting at 8:40 P.M. . . . . . . . ..4.. . . . . . . Mayor Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Special Events Committee October 28, 1993 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Scott, Clerk O'Connor Absent: None Chairman Hix called the meeting to order at 8:30 A.M. EVENT EVALUATION. Rally'n The Rockies/Event Managers Ken and Marsha Hobert. Ken Hobert appeared before the Committee and reviewed their first year management of the Rally'n The Rockies which was held August 24-28, 1993. Mr. Hobert expressed his appreciation to the Police, Public Works and Special Event Departments for their assistance. Local businesses were utilized, particularly in sponsors, advertising and the like. Although pleased with the number of participants, changes must be made to 4,10 improve attendance. In addition, due to a rock slide on Highway 34, this highway was closed for four days during the event and the area experienced inclement weather. Relocating the Rally inside Town limits (fairgrounds) was very positive for the local economy, particularly accommodations and food service. Work has commenced for the 1994 event which will be held August 23-27 and the goal is to double attendance. The following items were requested: 1. Separate entrance for participants to eliminate security liability for the event managers. If the participants use the Fourth Street access, this will require curb repair. 2. Manufacturer participants cannot be expanded without an additional 100' (minimum) of new asphalt. Manufacturers require paved areas for safety precautions while test- driving motorcycles. 3. Field events were held in outlying areas of the fairgrounds and they should be held within the event area (could also utilize the aforementioned additional blacktop). 4. Snow fencing to secure the exhibit area from Manford Avenue to the fairgrounds. The Town's advertising and promotion should continue and perhaps expand. The managers have already started placing their ads. Mr. Hobert invited Committee members to his office to review various event photographs and collateral. Staff evaluation. Director Scott reported that for the past five years, this event operated as Americade--management changed to Ken and Marsha Hobert in 1993. The purpose of the event is to attract a large motorcyclist group to the Town and provide a scenic area to tour and congregate. Demographics: 40% Colorado, 60% out-of- state; number of attendees 3,000; number of exhibitors 100; Town expense $17,034; Town revenue $3,272. Growth potential is very positive as the RMNP is attractive to motorcyclists. The Town furnished the managers with $8,000 to be used for cash-flow purposes and this compensation has been returned to the Town. In addition, the Hobert's agreed to participate in funding for the paving of Barn W and this payment has also been received. To gain BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Special Events Committee - October 28, 1993 - Page 2 momentum, the event managers are requesting the $8,000 compensation again in 1994. Staff confirmed that the transfer to Special Events has been discussed and that they were aware of the paving request; · however, event prioritization has not taken place. Longs Peak Scottish Highland Festival/Event Manager Jim Durward. Manager Durward commended the support received from the Town, particularly employees from the Police and Special Event Departments. Gate revenues were down $20,000 perhaps due to their decision not to place television ads. Manager Durward reported that the Festival gives donations to non-profit organizations and a list was presented which indicated a total contribution of $18,000. The annual parade is an integral part of the Festival, and attendance is very high, perhaps due to no-cost for the public. However, the parade route must be changed to accommodate participants' comfort--the Chamber of Commerce parking lot is being considered as the Conference Center lot is too far a distance. The shuttle buses worked well when the Festival was in operation but such was not the case for Parade participants. Hay racks may be modified and used for all events in the future and the Festival will attempt to financially assist Special Events in this area. The Tatoo is completely selling-out the grandstands all three evenings. Infrastructure at the fairgrounds and EVRPD softball fields is "falling woefully behind", and Dr. Durward expressed his disappointment with the EVRPD for their failure to improve the softball fields and recognize the benefits derived by the entire community from the Festival. An indoor facility is important; however, the basic event will remain outside (the Town is not in a position to construct a 7,000-seat arena). With minor changes, plans for 1994 will generally remain the same. Staff evaluation. The event was held September 9-12, 1993 for the purpose of promoting participation of celtic events, and also promoting the "shoulder season." Spectators: 20% local, 60% Colorado, 20% out-of-state, totaling approximately 25,000. Town expenses $11,825, Town revenue $160. Dr. Durward questioned the Town expense figure and whether the Festival was given credit for materials supplied by the Festival that are used for other events, and also traffic count figures on Highway 34. Staff reported that all events share in the "common costs" of the Special Events Department and that the material credit was not considered in the evaluation. This is an excellent event, well managed and growth potential is positive. Scandinavian Club Midsummer Festival/Event Manager Elizabeth Betts. Manager Betts expressed her appreciation to the Town for their support of this new event which includes a maypole and folk dancing. Ms. Betts requested authorization-for a bond fire at the Lake Estes Marina area or at the north end of the causeway for one night of the Festival. The bond fire plays a very important part of the Festival. Fire Chief Rumley has no opposition to the fire if given sufficient lead time prior to the event. The Festival is scheduled June 24 and 25, 1994 and organizers anticipate increasing the number of dancers. Staff comment. As the EVRPD insures the governmental property they manage, it is appropriate that the bond fire request be submitted to the District. Administrator Klaphake will present the request to EVRPD Director Gengler and advise. Rocky Mountain Folks Festival - Staff evaluation. This event has been held for three years and was held August 28-29 this year. The purpose is to generate activity in Town during an off-weekend in August. Folk music in a family atmosphere is provided. Number of spectators: 30% local, 69% Colorado, and 1% out-of-state for a total of approximately 4,500. Town expenses were $2,219 and Town IRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Special Events Committee - October 28, 1993 - Page 3 revenue zero. The growth potential is positive with continued pre- selling of the entrance ticket and favorable weather. The Highway 34 closure adversely affected this year's participation. Festival organizers continue to violate the 10:30 P.M. curfew--this subject must be discussed during scheduling discussions in 1994. Surprise Sale - Staff evaluation. This 3-year event was held October 9-10 in 1993 and is intended to entice shoppers to Estes Park during the shoulder season. Attendee totals were: 25% local . and 75% Colorado. Town expenses were $2,482 with zero Town revenue. Thus far, the event has generated excellent participation; however, success depends upon favorable weather. Staff suggests a "quality sale" be emphasized; additional businesses participate every year. October Gold Brats and Bands - Staff evaluation. This first-year event was held October 16-17, 1993. Its purpose was to create a festival atmosphere for the downtown area to promote shopping and activities. The Estes Park Business Association acted as Event Manager. Attendee totals were 10% local and 90% Colorado. Town expenses were $540 with zero Town revenue. High quality entertainment was provided and perhaps additional front-range advertising should be considered. Staff suggested the event be moved to the first weekend in October. Event Prioritization Model. A committee consisting of dary Klaphake, Rich Widmer, Bob Scott, Monte Vavra and Linda Hinze, have prepared a status sheet whereby all 23 events held in 1993 will be scienti f ically rated based ,upon: Participation in Event (micro economy), Town Revenue/Expense Ratio, Season, Level of Activity and Image/Tradition. This tool will assist the Committee in assessing each event, which will prove immensely helpful during 1994 Budget considerations. Staff Will complete event evaluations for presentation to the Committee in November. INTERNATIONAL DOG WEIGHT PULL - REOUEST USE OF GROUNDS. Phil Goerner, Coordinator, submitted a written request to use, free of charge, the grandstands and arena in 1994. First, second, and third choice dates were submitted. On the Friday prior to the event, organizers would deliver enough snow to construct a snow track approximately 20' wide and 55' long lined with fencing. Direct Town costs are estimated at $100. The Committee recommends the request be approved on a one-year trial basis, and it may be held April 30-May 1, 1994 (lst choice). ELKHORN AVENUE OUTDOOR SOUND PROPOSAL - REVIEW. Upon the request of Chamber Director Boschen, Ward Durrett/The Music Corner prepared a proposal for the installation of a permanent, outdoor sound system along Elkhorn Avenue. The revised proposal (reduced from $18,381 containing 15 speakers) includes 11 speakers. A summary of the proposal is as follows: 11 speakers ........... ................ $16,871.00 5-yr. lease w/5% interest rate = $3,896.78/yr. 6-yr. lease w/5% interest rate = $3,323.88 ASCAP Fee/yr. = $141.00 for first 3 speakers; $28.50 for each additional speaker: 11 speaker project = $369.00/yr. Mr. Durrett would install the all-weather system, and maintenance is unclear at this time. Speakers would be installed from the Water Wheel complex to the Chamber of Commerce building. The BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Special Events Committee - October 28, 1993 - Page 4 system would be available for all events. Questioned whether the speakers contain a public address system, Mr. Durrett commented that it appears unlikely. The Town Attorney could prepare lease agreements for all affected building owners. Electricity usage is an additional consideration. Administrator Klaphake reported that the Special Event Department budget has $3,000 available for this project. The Chamber may solicit contributions from the downtown merchants; however, this could not be confirmed at this time. The Chamber Director was unavailable for comment, and the time-frame for installation may have lapsed for the 1993 Christmas Season; however, the Committee recommends the $3,000 be made available for this project and confirmed that the Town Attorney would prepare all lease agreements contingent upon the Chamber of Commerce acting as Project Manager and collecting the balance of the funding. HOLIDAY MEETING SCHEDULE. Director Scott announced that the November meeting will be held November 15th at 10:00 A.M. and the December meeting is scheduled December 9th at 8:30 AM. There being no further business, Chairman Hix adjourned the meeting at 10:05 A.M. 131©·uu Vickie O'Connor, CMC, Town Clerk eRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee October 28, 1993 Committee: Chairman Habecker, Trustees Doylen and Gillette Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Clerk O'Connor Absent: None Chairman Habecker called the meeting to order at 10:10 A.M. PROPOSED LAKE ESTES HIKE/BIKE TRAIL - REVIEW OF INTERGOVERNMENTAL AGREEMENT (IGA) WITH LARIMER COUNTY AND EVRPD. Administrator Klaphake presented the IGA for Phase I of the proposed Lake Estes Hike/Bike Trail between the Town, Larimer County and the EVRPD. The Town's funding portion is $150,000 and the other two entities will flind $50,000/each. The IGA was thoroughly reviewed with staff outlining the responsibilities for each party. Staff also confirmed that the Joint Budget Committee has recommended this project and funding it is tentatively in the 1994 Budget. Director Linnane reported on "enhancement fund" grants. Entities have little knowledge of this specific grant application, thus there is little competition for funds. The Town will apply for this type of grant and the Committee commended staff for pursuing the application. Following discussion, the Committee recommends the Mayor be authorized to execute the Intergovernmental Agreement as presented. HOLIDAY MEETING SCHEDULE. Due to the Thanksgiving Holiday, the Committee will meet Friday, November 19th at 10:00 A.M. The December 23rd meeting has been canceled. REPORTS. Chairman Habecker and Director Linnane reported on the ISTEA Workshop and presented a copy of the preliminary ranking of the highway projects. The ranking includes a 20-year list of projects all of which are included in the Upper Front Range Regional Transportation Plan. Of the top four ranked projects, Estes Park has 3 projects ranked 2 through 4: Highway 7 widening, Highway 34/36 Intersection widening, bridge etc., Highway 34 East, widening. Staff reiterated that the list is preliminary, however, it appears the Town's steadfastness has been successful. The Customer Service Response and Water Reports for August were reviewed. The Marys Lake Water Treatment Plant was off-line due to tunnel work being conducted by the Bureau of Reclamation. Staff used this opportunity to perform their semi-annual maintenance. Staff confirmed that the Town maintains one million gallons of water storage at the Marys Lake Plant and that at no time was the Marys Lake Plant or water storage for fire in jeopardy. Black and Veatch are preparing the Water Rate Study and staff anticipates Committee review in November. There being no further business, Chairman Habecker adjourned the meeting at 10:43 A.M. ic:/0 207~ Vickie O'Connor, CMC, Town Clerk BRADFORDPUBLISHING Co. RECORD OF PROCEEDINGS Light and Power Committee November 4, 1993 Committee: Chairman Hix, Trustees Brown and Dekker Attending: All Also Attending: Ass't. Town Administrator Widmer, Light & Power Director Matzke, Clerk O'Connor Absent: None Chairman Hix called the meeting to order at 10:00 A.M. WIRE TRAILER - AUTHORIZATION TO PURCHASE. Staff included $5,000 in the 1993 Budget to purchase a wire trailer. The purpose of this equipment is to provide a smaller, more maneuverable means of transporting reels of cable to job sites. In addition, the trailer will provide an opportunity for improved cable pricing and reduce wasted cable material. Staff prepared bid specifications; however, as both bids were over- budget, investigation continued and a third supplier was contacted: Redi-Haul Trailers, Inc., Model #RH0816RC Reel Trailer - $3,635.75. The Committee recommends the bid in the amount of $3,635.75 as submitted by Redi-Haul Trailers be accepted. TELEPHONE SERVICE AVAILABILITY - DISCUSSION. Chairman Hix introduced Al Wasson, 2590 Larkspur Ave., who has expressed an interest in assisting the Town in obtaining a sophisticated communications infrastructure with such advanced features as data switching capability, increased deployment of fiber optic distribution facilities, and the like. While the tourism industty is very important, the Town does have certain growth limits. Mr. Wasson commented that in the Town's Comprehensive Plan, the Town believes that some diversification into "clean" business is desirable. With the latest telecommunication technology, Estes Park presents an ideal place to work from the home. As a strategy, the Town must be able to represent to US West that there will be a concerted effort by the Town to attract new businesses to utilize such services and facilities. However, as the communication industry is extremely competitive, Mr. Wasson believes it will be necessary for the Town to "put something on the table." Following discussion, the Committee recommends: (1) Al Wasson serve as Chairman for the Telephone Service Citizen's Advisory Group; (2) Chairmen Hix and Wasson consider preparing a mission statement and length of term for the group; (3) names of potential members be given to Chairman Hix. Once the advisory group is formed, reports are to be given to the Committee on a yet-to-be determined basis. The Committee expressed their appreciation to Mr. Wasson. - REPORTS. Christmas Scene Restoration Project. Lynda Vogel reported that the scene restoration project began in 1988 with research on restoration techniques and restoration of the Santa's Card Shop scene. With the assistance of Dave Schutz, one scene has been restored every year. The process taken to restore Christmas scenes was reviewed: document the scene, replace nails with screws and make the scene structurally sound, bond the old and new layer of paint, using permanent pigment paints; and repaint. All restored scenes have been primed on the reverse side and metal strips have been attached to the bottom of each to provide a barrier from ground moisture, stabilize, and make easier to transport. A full- size sample piece of artwork was displayed. Ms. Vogel stated the BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Light and Power Committee - November 4, 1993 - Page 2 most important parts of restoration are preventive maintenance, scenes should be handled properly, and stored with care (scenes are currently stored at the former Light and Power Building). The Committee commended Ms. Vogel for the tremendous effort displayed on this project, and in preserving Mr. Porter's integrity. 1993 Electric Rate Changes. Director Matzke advised that the public hearing for said rate changes is scheduled November 23. Staff is recommending that an afternoon off-peak period from 1:00- 3:00 P.M. be added to the rate schedules that require energy storage electric heat systems. The off-peak energy rate would be $0.0255/kWh and currently affects one customer. The time-of-day rate requires a time-of-day meter which will be provided at cost to the customer. Staff emphasized that the rate changes are revenue neutral. Concerning the outdoor area lighting rate and stray lighting, staff anticipates utilizing a light fixture with a flat head and lens. Due to the change in the meeting schedule, the Financial -Report was unavailable; however, the Committee reviewed associated graphs for the month of August. Project Updates. The Department is continually connecting service to new customers, as witnessed by the significant number of work orders. Staff anticipates completing the installation of Christmas decorations by the end of next week. WAPA has initiated a "peer match" program designed to match electric systems and share information related to energy efficiency. Staff will travel to Saratoga, Wyoming to exchange information and/or ideas, particularly regarding time-of-day rates and energy storage heaters. This program is fully sponsored by WAPA. PRPA. Ass't. Administrator Widmer reported that PRPA anticipates adopting their $136.2 Millon 1994 Budget in the near future. This budget is the smallest budget since 1988, and it does not include a rate change for its member cities. The expenses include $10 Million to the resource replacement fund; $2.5 Million to the rate stabilization fund, and $7 Million to the contingency fund. PRPA anticipates refinancing one addition bond issue, and work continues on actively marketing surplus power. Due to the recent election, PRPA will most likely receive a new board member from Longmont and Loveland. There being no further business, Chairman Hix adjourned the meeting at 10:58 A.M. 321 0 -an.,CLA Vickie O'Connor, CMC, Town Clerk BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Administrative Committee November 4, 1993 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Mayor Dannels, Trustees Hix, Brown, Dekker, Doylen, and Habecker Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Department Heads Kilsdonk, Matzke, O'Connor, Scott, Stamey and Vavra Absent: Trustee Gillette Chairman Dannels called the meeting to order at 2:03 P.M. 1994 BUDGET UPDATE - REVIEW CHANGES. Ass't. Administrator Widmer reviewed changes in the proposed 1994 Budget as follows: 1. General Fund Revenues: A. Based upon updated valuations, property tax revenue increased $5,455 changing the total to $155,455. The mill levy remains the same at 3.079 mills. 2. General Fund Expenses: A. Community Services 1. Arts Support (CACEP) has been increased to their requested amount of $12,500. 2. Larimer County Human Development has been increased to their requested amount of $10,000. 3. P.a.C.K. funding has been increased to their requested amount of $5,000. Staff noted that funding levels established for 1994 do not guarantee availability of continued funding for future years--line items do not become entitlements. 2. As a result of changes in the reclassification of the Conference Coordinator and other line item changes, the Conference Center Transfer has been decreased by $11,090 for a total of $433,985. 3. The Museum Transfer has been decreased by $10,000 and the personnel changed to one full-time Director and three part-time positions. The Friends of the Museum have increased their support level by $10,000 to maintain the Museum budget at approximately the same level as previously proposed. Two meetings of the Town/EPURA Joint Budget Committee have been held. As a result of these meetings, the following capital projects are scheduled in 1994 (not in order of priority): 1. Stanley Historic District Road Completion $ 50,000 2. Riverwalk (north side of river from The Wheel to the Mall) 179,000 BRA.FOROPUBLIS'ING.0 RECORD OF PROCEEDINGS Administrative Committee - November 4, 1993 - Page 2 3. Stanley Historic District Open Space 100,000 4. Lake Estes Hike/Bike Trail, Phase I (Joint project with EVRPD and Larimer County) 150.000 Total $479,000 Funding sources for the above-described capital projects are as follows: EPURA Total Revenues $991,000 Minus Administration, Transfer, Prepayment -622,000 Plus Reserve Addition 25.000 Project Dollars Available from EPURA $394,000 Town General Fund Unexpended Funds 35,000 Town Reduction in General Fund Water Hydrant Payment 50,000 Total $479,000 The reduction in the water hydrant payment will be held until the third quarter of 1994 and will be made subject to Water Department impact, as analyzed by the Financial Plan. EPURA will manage Projects 1, 2 and 3, with the Town managing Project 4. The Joint Budget Committee Will reconvene to reprioritize if completion of any of the above projects become infeasible in 1994. Irene Clark, President/League of Women Voters, addressed the Committee requesting funding for Phase III of the Comprehensive Plan be allocated in the 1994 Budget. "Almost $200,000 has been spent on development of a Comprehensive Plan so far. The $90,000 needed to finish the plan should be a priority." Ass't. Widmer commented that the lack of 1994 funding is not a matter of priority. Phase II may not be completed until the first half of 1994 and the $90,000 project cost was not based on a scope of services. The commitment to complete the project is evident; however, it is more realistic to plan funding for Phase III in the 1995 Budget. 1994 BUDGET - REVIEW FUNDS. Finance Officer Vavra presented various graphs and reviewed the Executive Summary for the 1994 Budget as follows: General Fund Special Revenue Funds (Museum, Conference Center, conservation Trust and Special Events) Internal Service Funds (Catastrophic Loss, Self-Funding Medical Insurance, Fleet Maintenance) Trust Funds (Fire and Police Pensions). Miscellaneous. Sales tax revenue is budgeted at a 6% growth over 1993 projections; the Light and Power Transfer will increase for 1994 in accordance with the adopted formula; and a V.A.L.E. Grant is expected to fund the Victims Assistance Coordinator position in the Police Department. The Assistant Municipal Judge has requested BRADFOR. PUBLISHING.0 RECORD OF PROCEEDINGS Administrative Committee - November 4, 1993 - Page 3 an increase in compensation from $800/year to $1,000/year. In 1994, the Special Projects Department will be combined with Community Development. The 1994 Budget does not contain funding for any additional personnel. Questioned whether the Town would notice an impact in the near future due to the Tourism Tax being defeated in the recent election, staff reported that the excepted theory is that if advertising would cease, it could take 2-3 years before the adverse effect would be perceived. With regard to the decrease in public transportation funding, staff advised that this fund was decreased as the Transportation Advisory Sub-Committee has recommended the Town not participate in a joint venture with Avon to purchase two buses. The Committee commended both Ass't. Administrator Widmer and Finance Officer Vavra for their thorough budget review. TABOR COMPLIANCE - PRESENTATION BY STEVE JACKSON. Finance Officer Vavra reviewed the calculations to determine compliance with the property tax $5%%" rule and local growth calculations. Steve Jackson, CPA reviewed the calculations used to verify whether the Town is in compliance with TABOR. In summary, the Town was found to be in compliance. BUSINESS LICENSE - PROPOSED ADDITION OF HOME OCCUPATION CATEGORY. Clerk O'Connor presented 4 basic amendments to the Business License Ordinance as follows, and requested they be approved: 1. Add Asphalt and Fire System Installation to the Building Contractor definition. 2. Amend Section 5.20.050 to allow licenses to be transferrable. 3. Amend Section 5.20.060 to require all new businesses to submit full payment with their application. Delete the January 20th half payment deadline (any business renewing their license may make a half payment at any time). The full payment deadline remains the same--June 30th. 4. Add a home occupation category. This type of business commonly falls into the "general" category and owe $200.00. The home occupation definition contained in the zoning regulations was used in the proposed ordinance amendment. Based upon the 1993 business license list, 41 businesses would be affected. A fee of $100.00 is being proposed which could result in a loss of revenue of $4,100. Town Attorney White prepared and submitted the proposed ordinance amendment for Committee review. Public testimony was heard from Leslie Blair, representing day care providers, who reported she had letters from the Association of Families, Larimer County and the Women's Center, all of which were requesting day care providers be exempt from the fee. Louis O'Riordan and Kelly Gideon concurred with the exemption request. Administrator Klaphake reviewed the business license ordinance and how public meetings were held in 1990 in an effort to reach an BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Administrative Committee - November 4, 1993 - Page 4 equitable fee. Square footage, number of employees, and gross income were discussed with the public, and an Ordinance was adopted that separated accommodations into three types; added a building contractor category; and all other businesses classified under "general." Administrator Klaphake stated the Clerk's Office responds to all complaints, does an excellent job with licensing, and urged the Board to use extreme caution on any potential exemptions. There being no further testimony, the Committee recommends the ordinance, as presented, be favorably recommended to the Board of Trustees. Following conclusion of all agenda items, Chairman Dannels adjourned the meeting at 3:40 P.M. €12.6 0 -d*.U Vickie O'Connor, CMC, Town Clerk BRAC}FORD PUILISHINGCO RECORD OF PROCEEDINGS Public Works Committee October 28, 1993 Committee: Chairman Habecker, Trustees Doylen and Gillette Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Clerk O'Connor Absent: None Chairman Habecker called the meeting to order at 10:10 A.M. PROPOSED LAKE ESTES HIKE/BIKE TRAIL - REVIEW OF INTERGOVERNMENTAL AGREEMENT (IGA) WITH LARIMER COUNTY AND EVRPD. Administrator Klaphake presented the IGA for Phase I of the 1 A · proposed Lake Estes Hike/Bike Trail between the Town, Larimer J12 /-1 , County and the EVRPD. The Town's funding portion is $150,000 and the other two entities will fund $50,000/each. The IGA was .-------9 thoroughly reviewed with staff outlining the responsibilities for each party. Staff also.confirmed that the Joint Budget Committee has recommended this project and funding it is tentatively in the 1994 Budget. Director Linnane reported on "enhancement fund" grants. Entities have little knowledge of this specific grant application, thus there is little competition for funds. The Town will apply for this type of grant and the Committee commended staff for pursuing the application. Following discussion, the Committee recommends the Mayor be authorized to execute the Intergovernmental Agreement as presented. HOLIDAY MEETING SCHEDULE. Due to the Thanksgiving Holiday, the Committee will meet Friday, November 19th at 10:00 A.M. The December 23rd meeting has been canceled. REPORTS. Chairman Habecker and Director Linnane reported on the ISTEA Workshop and presented a copy of the preliminary ranking of the highway projects. The ranking includes a 20-year list of projects all of which are included in the Upper Front Range Regional Transportation Plan. Of the top four ranked projects, Estes Park has 3 projects ranked 2 through 4: Highway 7 widening, Highway 34/36 Intersection widening, bridge etc., Highway 34 East, widening. Staff reiterated that the list is preliminary, however, it appears the Town's steadfastness has been successful. The Customer Service Response and Water Reports for August were reviewed. The Marys Lake Water Treatment Plant was off-line due to tunnel work being conducted by the Bureau of Reclamation. Staff used this opportunity to perform their semi-annual maintenance. Staff confirmed that the Town maintains one million gallons of water storage at the Marys Lake Plant and that at no time was the Marys Lake Plant or water storage for fire in jeopardy. Black and Veatch are preparing the Water Rate study and staff anticipates Committee review in November. There being no further business, Chairman Habecker adjourned the meeting at 10:43 A.M. 904., O ·dA~ Vickie O'Connor, CMC, Town Clerk INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, dated this day of , 1993 by and between the TOWN OF ESTES PARK, COLORADO, hereinafter referred to as the ("Town"); the ESTES VALLEY RECREATION AND PARK DISTRICT, hereinafter referred to as the ("District") and the BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO, hereinafter referred to as the ("County") ; WITNESSETH: WHEREAS, Section 29-1-201 et. seq., C.R.S., provides that political subdivisions of the State of Colorado may contract with one another to provide functions, services and facilities lawfully authorized to each of the political subdivisions; and WHEREAS, each of the above named political subdivisions has the authority to acquire, construct and operate recreational trail systems; and WHEREAS, the parties have determined to contract and agree, pursuant to the provisions of this Intergovernmental Agreement to plan, construct, operate and maintain a certain hike/bike trail in the Estes Valley; and WHEREAS, the parties have received from a group of interested citizens known as the Estes Valley Hike/Bike Committee recommendations for a hike/bike trail system in the Estes Valley. The number one priority of said Committee is the Lake Estes Trail; and WHEREAS, the Lake Estes Trail is consistent with the Larimer County Estes Valley Trail Plan; and WHEREAS, the parties to this Intergovernmental Agreement have determined that it is in the best interest of the Town, the District and the County to plan, construct, operate and maintain a portion of the proposed Lake Estes Trail pursuant to the terms and conditions of this Intergovernmental Agreement; and WHEREAS, pursuant to the applicable statutes of the State o f Colorado, the parties are authorized to enter into this Intergovernmental Agreement for the above stated purposes. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLI:OWS: 1. The parties hereto agree to plan, construct, operate and maintain Phase One of the Lake Estes Trail, more particularly the portion from the Chamber of Commerce Building to Lake Front Street. For the purposes of this Agreement, this portion oi the Lake Estes Trail System shall be known as Phase One as more fully described and set forth on Exhibit "A" attached hereto and incorporated herein by this reference. 2. The Town agrees as follows: A. The Town khall budget and appropriate in its 1994 budget the sum of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) for this project. B. Following preparation of the plans an d specifications by the District and receipt of any necessary governmental approvals including, but not limited to, approval of the Bureau of Reclamation, the Town shall proceed to construct Phase One according to the plans and specifications. All contracts and agreements necessary for the construction of Phase One shall be the sole responsibility of the Town and the Town shall be the sole contracting party. C. Following completion of the construction of Phase One, the Town shall transfer Phase One to the District. D. Following transfer of Phase One, the Town shall be responsible for periodic sweeping and snow removal from Phase One. E. During construction of Phase One, the Town shall maintain public liability insurance with respect to the activities to be undertaken in connection with the construction Of Phase One in an amount not less than the minimum amount required by the Colorado Governmental Immunity Act. The District and the County shall be named as additional insureds on the policies. The public liability insurance required by this section may be by blanket insurance policy or policies. If the Town insures against similar risk by self insurance, the Town may provide for public liability with respect to Phase One, partially or wholly, by means of an adequate self insurance fund. 3. The District agrees as follows: A. The District shall obtain all necessary rights-of-way, Bureau of Reclamation permits or approvals, and all other federal, state, or local government permits or approvals for Phase One. Said rights-of-way, permits or approvals shall also include necessary temporary construction easements for construction of Phase One. Said rights-of-way, permits and approvals shall be obtained by March 1, 1994. B. The District shall plan and engineer Phase One. Said engineering shall include preparation of all necessary plans and specifications, including final construction drawings and bid specifications. The District shall consult with the Project Administration Team in the planning and engineering of Phase One. -2- C. The District shall budget and appropriate in its 1994 budget the sum of $50,000.00 for this project. However, the District may credit against said $50,000.00 any funds expended by the District for planning and engineering of Phase One in 1993. D. Following completion of Phase One, the District shall be responsible for maintenance of the trail including, but not limited to, patching, shoulders, weeds and trash removal. The District shall manage the trail and be responsible for all rules and regulations governing usage of the trail. E. Following the completion of construction and transfer of Phase One to the District, the District shall maintain public liability insurance with respect to the operation of the trail in an amount not less than the minimum amount required by the Colorado Governmental Immunity Act. The Town and the County shall.be named as additional insureds on the policies. The public liability insurance required by this section may be by blanket insurance policy or policies. If the District insures against similar risk by self insurance, the District may provide for public liability with respect to Phase One, partially or wholly, by means of an adequate self insurance fund. 4. The County agrees as follows: A. The County shall budget and appropriate in its 1994 budget the sum of $50,000.00 for this project. 5. The District and the Town shall be responsible for the investigation and application for any grants from any potential entities for Phase One and shall submit all necessary information in an attempt to obtain said grants. 6. The parties understand and agree that once construction bids have been received by the Town for construction of Phase One, and in the event that said constructions bids are in excess of the amount budgeted by the entities by completion of Phase One, the parties shall immediately meet and determine whether or not construction of the project shall commence. It shall be the sole discretion of each party whether or not to agree to the continuation of the project as to the amount for the continued participation in the project. The parties agree to amend this Agreement to reflect each party's decision. 7. In the event that after the start of construction, change orders and/or other costs of the construction of Phase One increase the cost over the budgeted amount, the parties agree to meet and determine how to allocate said increased costs. It shall be the sole discretion of each party whether or not to agree to the continuation of the project as to the amount for the continued participation in the project. The parties agree to amend this Agreement to reflect each party's decision. -3- I 4* E 'ti e q ." , 8. Following construction of Phase One and final acceptance of the construction by the Town, the Town and the County shall transfer any and all interest in Phase One to the District and the District agrees to accept said transfer. 9. If there are excess funds remaining after payments of all costs associated with the construction of Phase One, the funds shall be disributed pro-rata to the parties based L on the amounts contributed by each party. 10. The parties understand and agree that all parties, individually and severally, are relying on, and do not waive or intend to waive, by any provision of this Intergovernmental Agreement, the monetary limitations presently ($150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Immunity Act, 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. 11. The parties hereby name the following individuals as their representative on the Project Administration Team. Said Team shall direct the project. The Team shall be composed as follows: Town: Town Administrator Larimer County: Parks and Recreation Director District: Executive Director 12. For the purpose of complying with applicable provisions of the Colorado Constitution with regard to revenue and spending limitations more commonly referred to as the Tabor Amendment, the parties agree that monies budgeted by each individual party shall remain the funds of said party and disbursal of said funds to a third party shall result in spending to the applicable individual party. In no event shall the co-mingling of any funds for the purposes of this Agreement result in revenue or spending by an entity which has not budgeted the individual funds. 13. This Agreement contains the entire agreement between the parties and may be amended only in writing and said amendment being executed by all parties to this Agreement. The parties understand and agree that it may be necessary to amend or supple- ment this Agreement in order to adequately effectuate the construction of Phase One. In that event, the parties agree to use their best efforts to amend or supplement this Agreement. 14. In the event of default by a party to the terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party written notice of said default. The non- defaulting party shall have thirty (30) days after the mailing of said written notice to cure said default. In the event that said default is not cured within that period, the non-defaulting party -4- may terminate this Agreement. In the event of termination of the Agreement, the non-defaulting party shall be entitled to all damages incurred by reason of said default, including, but not limited to all reasonable attorneys' fees, expert witness fees and court costs incurred by the non-defaulting party. In the event the non-defaulting party does not terminate this Agreement for said default, but determines to keep this Agreement in full force and effect, the non-defaulting party shall have the right of an action for specific performance against the defaulting party. In that event, the non-defaulting party shall be entitled to all damages incurred by reason of said default, including all reasonable attorneys' fees, expert witness fees and court costs incurred in enforcing the terms and conditions of this Agreement. 15. All notices, demands or other documents required or desired to be given, made or sent to any party, under this Agreement, shall be made in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage pre-paid, certified mail, return receipt requested as follows: TOWN OF ESTES PARK ESTES VALLEY RECREATION AND PARK DISTRICT G ary Klaphake Stan Gengler, Town Administrator Executive Director Town of Estes Park P.O. Box 1379 P.O. Box 1200 Estes Park, CO 80517 Estes Park, CO 80517 BOARD OF COMMISSIONERS LARIMER COUNTY Larimer County Parks Department John McFarlane, Director 1800 S. County Rd. 3 Loveland, CO 80537 16. 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 in Larimer County, Colorado. 17. 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 parties. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: -5- ESTES VALLEY RECREATION AND PARK DISTRICT By: Executive Director BOARD OF COMMISSIONERS LARIMER COUNTY By: -6- ./.0/0/0 Pul/_15/1/6 CO RECORD OF PROCEEDINGS Administrative Committee November 4, 1993 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Mayor Dannels, Trustees Hix, Brown, Dekker, Doylen, and Habecker Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Department Heads Kilsdonk, Matzke, O'Connor, Scott, Stamey and Vavra Absent: Trustee Gillette BUSINESS LICENSE - PROPOSED ADDITION OF HOME OCCUPATION CATEGORY. Clerk O'Connor presented 4 basic amendments to the Business License Ordinance as follows, and requested they be approved: 0.4. 1. Add Asphalt and Fire System Installation to the Building Contractor definition. 2. Amend Section 5.20.050 to allow licenses to be transferrable. 3. Amend Section 5.20.060 to require all new businesses to submit full payment with their application. Delete the January 20th half payment deadline (any business renewing their license may make a half payment at any time). The full payment deadline remains the same--June 30th. 4. Add a home occupation category. This type of business commonly falls into the "general" category and owe $200.00. The home occupation definition contained in the zoning regulations was used in the proposed ordinance amendment. Based upon the 1993 business license list, 41 businesses would be affected. A fee of $100.00 is being proposed which could result in a loss of revenue of $4,100. Town Attorney White prepared and submitted the proposed ordinance amendment for Committee review. Public testimony was heard from Leslie Blair, representing day care providers, who reported she had letters from the Association Of Families, Larimer County and the Women's Center, all of which were requesting day care providers be exempt from the fee. Louis O'Riordan and Kelly Gideon concurred with the exemption request. Administrator Klaphake reviewed the business license ordinance and how public meetings were held in 1990 in an effort to reach an equitable fee. Square footage, number of employees, and gross income were discussed with the public, and an Ordinance was adopted that separated accommodations into three types; added a building contractor category; and all other businesses classified under "general." Administrator Klaphake stated the Clerk's Office responds to all complaints, does an excellent job with licensing, and urged the ,Board to use extreme caution on any potential exemptions. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WITH REGARD TO BUSINESS LICENSES WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town to amend Chapter 5.20 with regard to Business Licenses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Section 5.20.010(3) Definitions is amended bF the addition of the following two classifications: Asphalt Contractor and Fire System Installation Contractor. Section 2. Section 5.20.010(5) Definitions is amended to read as follows: 5. "Home Occupation" means a business, profession, or occupation conducted within Or from dwelling by a resident thereof as an accessory use to the residential use of the dwelling; provided, the home occupation is contained principally within said dwelling; is carried on by the inhabitants thereof; is clearly incidental and secondary to the use of the dwelling for dwelling purposes; has not changed the residential character thereof; and no article is sold or offered for sale on the premises except such as may be prcduced by members of the immediate family residing on the premises. Section 3. Section 5.20.020 Business license--Fee is amended to read as follows: There is imposed a business license fee on the privilege of carrying on or engaging in any business, profession or occupation within the Town, which business, profession or occupation consists of the selling of goods, wares, merchandise or service; the performing or rendering of service, for charge; the leasing, renting or furnishing of accommodation units; and the carrying on or engaging in any home occupation, nonresident business or community special event. Each business, profession or occupation conducted at a separate physical location, regardless of ownership, shall pay a business license fee. Section 4. Section 5.20.030 Amount of License Fee is amended to read as follows: The business license fee is set forth as follows: A. Accommodations: Five units or less, one hundred fifty dollars per year; six to twenty units, two hundred sixty dollars per year; twenty-one units or more, three hundred seventy-five dollars per year. B. Building Cbntractors: One hundred dollars per year. C. Home Occupations: One hundred dollars per year. D. All other businesses including, but not limited to non-resident business and community special events; two hundred dollars per year. Section 5. Section 5.20.050 Form of the license--Nontrans- ferability shall be amended to read as follows: Each business license shall be numbered and shall show the name and place of the business of the licensee and shall be posted in a conspicuous place on the business premises for which it is issued. This license may be transferable to any new owher of the business so long as the business remains at the same premises. Section 6. Section 5.20.060 Payment of license fee shall be amended to read as follows: The owner of each business, profession or occupation subject to the provisions of this chapter shall pay the business license fee for each calendar year in which they engage in any business, profession or occupation within the Town as follows: A. One-half of the business license fee may be paid at any time, provided that full payment is required on or before June 30th of each calendar year. B. Any new business, profession or occupation which begins its business during the year prior to October 31st of that year shall pay the business license fee for said year. Any new business, profession or occupation which begins its, business after October 3lst of that year shall pay a business license fee which shall be credited to the next year's business license fee. Said fee shall be due and payable upon submittal of an application to the Town Clerk's office. Section 7. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOAPD OF TRUSTEES · OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk -2- I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1993 and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1993. Town Clerk -3- SAADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - September 21, 1993 - Page 2 31 SUBDIVISIONS. O.A. 1.98 North Ridge Meadow Condominiums. Second Amended Plat. - East Park Subdivision. Rich Wille/Applicant. Applicant's representative Bill Van Horn stated that the Applicant is proposing to divide the site into two lots to satisfy financing requirements for the developer, which results in placing Phase I of the North Ridge Meadow Condominium development on one lot (19 units). After the second phase has been developed, the Applicant may request the plat be amended to return the site to a single lot. All conditions placed on the original approval remain in place, and if development does not occur on Phase II, Phase I will "stand on its own." Director Stamey reviewed the staff report, citing concern that the primary street system be maintained even if Phase II does not develop; the Improvement Guarantee/Letter of Credit from Park National Bank needs to acknowledge that the Improvement Guarantee/Letter of Credit remains in full force and effect and applicable to this amended plat. The Light and Power Department has requested street lighting if North Ridge Meadow Drive is being constructed to Town standards--at a minimum, street lights should be provided at the North Ridge Meadow Drive/Raven Avenue intersection plus each end of the circle. Public Works advised that each lot would require a separate water tap. The Town Board initially approved the Final Plat July 13, 1993 with the condition that written approval pertaining to drainage be received from Larimer County. Director Stamey confirmed said letter has not been received. Mr. Van Horn commented that the Applicant has received approval from MacGregor Ranch for "pass-through" drainage, and that Larimer County has given verbal approval. With regard to the street light requirement, neither the Applicant nor area residents are in favor of the installation. North Ridge Meadow Drive is not a public nor through street. Director Stamey advised that the Town Board, not Planning Commission, could waive the street light requirement; however, the Commission does consider street lighting as it pertains to public safety. Director Stamey reviewed the staff report and stated that provisions needed to be included in a homeowners document that ensures that Phase I (Lot 1) owners will maintain the entire street system should Phase II not occur. Public testimony was heard from adjacent property owner Ron Harvey who confirmed that the neighborhood does not desire the proposed street lights. Mr. Harvey received confirmation that the density for the overall development and Lot 2 remains unchanged from original approval. Discussion followed concerning density, with confirmation that no further amendments could occur without the proposal being submitted to the Commission. Director Stamey re-verified density calculations as they pertain to the outiot and Lot 2--said calculations applies to both lots and the density cannot be increased. Recognizing neighborhood comments and that the Applicant is creating a subdivision like any other, that the Commission cannot waive street light requirements and that the Town Board must determine if, how many, and where street lights should be installed, it was moved and seconded (Brown/Amos) the second Amended Plat of East Park Resubdivision be favorably recommended to the Board of Trustees with the following conditions and it passed unanimously: 1. Consideration of the amended plat will not be placed on the Town Board agenda until such time as the drainage letter from Larimer County, and a written agreement from the MacGregor Trust have been received by staff. BAAOFOROPUBLISHINS CO RECORD OF PROCEEDINGS Planning Commission - September 21, 1993 - Page 3 2. The Improvement Guarantee ' and Letter of Credit apply. A letter must be submitted from Park National Bank amending the Letter of Credit, acknowledging the changes. 3. Street lighting be installed as required by Code. 4. A separate water tap is required for each lot being created. 5. The North Ridge Meadows Condominium Development Plan remains in full force and effect. 6. Homeowners documents for Phase I provide for maintenance of all street and common improvements. These are to be submitted and reviewed by the Town Attorney. October 1, 1993 I.A. Bernie Dannels, Mayor Board of Trustees Estes Park, Colorado Re: 2nd Amended Plat, East Park Subdivision North Ridge Meadows Condominiums Development Plan 93-2 Mr. Mayor and Trustees, The adjacent property owners do not object to this request to divide one lot into two lots, a temporary measure to facilitate financing, as long as all conditions of the original development plan will still apply to both lots. However, the Planning Commission's recommendation also includes the addition of street lights along the private drive within the development. Street lights are not a part of the original development plan. This private drive or street runs primarily along the western property line which is to the rear of our homes. The intensity of street lights Will be an unwanted and uncontrolled intrusion on the peace and privacy of our back yards and bedrooms. We agree with the developer that adequate low intensity lighting will be provided by the condominium units front door and garage outside lighting which are adjacent to this internal drive. Therefore, we the undersigned property owners respectfully request that you do not require street lighting as a condition of this lot split. >L*-,©2(1421 1 l 61= A '# 7 24.ve-1'07 7 , 1/7 733-1911 62.,pr)..44 0-•-'3~,u- . f TA-9 /4-, 4-»./ 1/ , 0 9 1 6-C-7 G /4 t.-. - 6 2,/