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HomeMy WebLinkAboutPACKET Town Board 1993-11-231. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 23, 1993 7:30 P.M. AGENDA 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 November 9, 1993. 2. Bills. 3. Committee Minutes: A. Special Events, November 15, 1993. B. Public Safety, November 18, 1993. C. Administrative, November 18, 1993. D. Public Works, November 19, 1993. E. Planning Commission, November 23, 1993 (acknowledgement only). ACTION ITEMS: 1. Public Safety Committee, November 18, 1993: A. Beaver Point Quick Stop Grocery Parking Agreement. B. Underage Alcohol Possession - Ordinance. 2. Administrative Committee, November 18, 1993: A. 1994 Budget: 1. Public Hearing - Highway User's Fund. 2. Resolution - Setting Mill Levy. 3. Resolution - Adopting Budget. 4. Resolution - Appropriating Sums of Money. 5. Resolution - Adopting Expenditure Control Budget Policy. 6. Resolution - Establishing Light & Power as Enterprise Fund. 7. Resolution - Establishing Water as Enterprise Fund. B. 1994 Budget - Resolution establishing 1993 Reserves. C. Motion to continue Elgin Street Sweeper Agreement for 1994 (TABOR). D. Motion to continue the Heron Agreement for radio equipment on Prospect Mountain for 1994 (TABOR). 1 3. Public Works Committee, November 19, 1993: A. Bike Path Extension. 4. Public Hearing: Amended Plat of Lot 27 and a Portion of Lot 28, Little Prospect Mountain Addition, John Gibbs/Applicant. 5. Public Hearing: Amending Chapter 13.12, Light & Power Rate Schedules. A. Ordinance. 6. 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. 2 Ti l Town of Estes Park, Larimer county, Colorado, . NO.ver*er.9. . ., 19.9,3 . 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 said Town of Estes Park on the R.ttl ... day of ... .Np,[elp]0~E ., A.D., 19.93. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... Present: Mayor Trustees: H. B. Dannels George J. Hix, Mayor ProTem Gary R. Brown, Robert L. Dekker, Susan L. Doylen, Also Present: Stephen W. Gillette, David Habecker Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: None I Mayor Dannels called the meeting to order at 7:30 P.M. Police Chief Racine presented an Award from the Larimer Emergency Telephone Authority to Gail Matuszak who provided outstanding service on the Enhanced 911 Project. Mayor Dannels commended Communications Supervisor Matuszak. PUBLIC INPUT. Al Sager commended Trustee Habecker and Public Works Director Linnane for their efforts in striving to have the Town's three major highway projects included in the Upper Front Range Regional Transportation Plan. Trustee Habecker credited the efforts of all involved in this project, both past and present. 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. It was moved and seconded (Hix/Gillette) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Public Works Committee, October 28, 1993: A. Lake Estes Hike/Bike Trail. Phase I. Intergovernmental Agreement (IGA) with Larimer County and EVRPD. The Public Works Committee recommended approval of the IGA with Larimer County and the Estes Valley Recreation & Park District for Phase I of said Hike/Bike Trail. Administrator Klaphake thoroughly reviewed the Agreement, reporting that the Town has applied for ISTEA funding in the amount of $180,000; at this time, Estes Park appears to be the only applicant for this funding. The project total 2 Board of Trustees - November 9, 1993 - Page 2 could, therefore, increase to $430,000 which should provide for a complete loop. All design work thus far has been accomplished "in-house." Pursuant to grant regulations, costs may be increased by 23%; however, pursuit of grant funding continues to be a worthwhile effort. It was moved and seconded (Habecker/Hix) the Mayor be authorized to execute the Agreement, as presented, and it passed unanimously. 2. Administrative Committee, November 4, 1993: A. Amendment to Business License - Ordinance #18-93. The Administrative Committee recommended approval Of the proposed ordinance which adds Asphalt and Fire System Installation Contractors to the "Building Contractor" definition; allows licenses to be transferrable; requires new businesses to remit full payment with their application; allows renewal businesses to remit half- payment at any time (the full payment deadline of June 30th remains unchanged); and creates a "home occupation" category. Town Attorney White read the proposed ordinance. Administrator Klaphake noted that the business license ordinance was amended in 1990 following many public meetings where testimony was heard on using a sliding scale based upon income, number of chairs, employees, etc. A compromise was reached which resulted in three categories: accommodations, building contractors and general. Should the Trustees desire further study of the ordinance, it appears such could be accomplished in January. Mayor Dannels acknowledged letters received from Leslie Blair, the Licensed Family Child Care Association, Association of Family Day Care Homes-Larimer County, The Women's Center of Larimer County, and a petition containing 103 signatures. The petition and all letters were in support of exempting home day care providers from the business license. Testimony was also heard from Judy Seybold/The Women's Center, Joyce Funkenbusch/Licensed Family Child Care Association, and Peggy Brand/Day Care Provider in Estes Park. In summary, supporters of the exemption stated that home day care provides a community need, providers are licensed by the State, providers must pay for "hidden costs"--criminal background investigations, fingerprints, physical exams, CPR classes, and physical exams for the provider's family. In addition, the supporters believe Town licensing will encourage providers to close their business or operate without proper licensing. Trustee comments included: the original premise of the ordinance which was to charge all businesses $200.00 and an exception was made for building contractors and accommodations--if a home occupation category is approved, further eroding of the ordinance may occur; and statements both in favor and opposition to the home occupation category. Trustee Habecker stated that he would abstain from voting on the ordinance unless the home occupation category was voted on separately. Trustee Doylen read a statement which in summary, supported the home occupation category, and denied exemption for day care providers. It was moved and seconded (Dekker/Doylen) the Ordinance be adopted. Trustee Brown moved the motion be amended to delete Section 5.20.010(5) 5. regarding the creation of the home occupation category, to include all reference made to said category. Trustee Gillette seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Brown, Gillette, Habecker and Hix. Those voting "No" Trustees Dekker and Doylen. A vote was then cast for Board of Trustees - November 9, 1993 - Page 3 1 passage of the ordinance which contained the addition of two building trades to the building contractor definition, authorized a license transfer, and clarified/amended the payment provision - the ordinance passed by the following votes: Those voting "Yes" Trustees Brown, Dekker, Gillette, Habecker and Hix. Those voting "No" Trustee Doylen. Whereupon Mayor Dannels declared the ordinance, as amended, passed and adopted, ordered it numbered 18-93 and published according to law. Mayor Dannels advised that the day care issue would be taken under advisement pending research by staff. Advised that such research would most likely be considered for the 1995 Budget, Trustee Gillette moved home day care providers be exempt from the business license fee as such are licensed by the state. Trustee Hix seconded the motion. Trustee Habecker moved this item be tabled to November 23, 1993. Trustee Brown seconded the motion and it passed unanimously. 3. A. North Ridge Meadow Condominiums. Second Amended Plat. East Park Subdivision. Rich Wille/Applicant. At the Applicant's request, this item was withdrawn. 4. Reappointments: A. Estes Valley Public Library District: It was moved and seconded (Hix/Gillette) John Adams and Dennis McHenry be reappointed to 5-year terms, expiring 12/31/98, and it passed unanimously. B. Museum Advisory Board: It was moved and seconded (Hix/Gillette) Sybil Barnes be reappointed to a 4-year term, expiring 1/1/98, and it passed unanimously. 5. Town Administrator's Report. Administrator Klaphake confirmed that a business license survey would be prepared and mailed within the week. Copies of the September Sales Tax Report were presented. Year- to-date receipts are 3.37% indicating the economy is scarcely tracking with inflation. Mayor Dannels noted that 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. 6. It was moved and seconded (Hix/Dekker) the Board enter Executive Session to discuss land acquisition with the Town Attorney, and it passed unanimously. Whereupon Mayor Dannels adjourned the meeting at 8:29 P.M. to Executive Session. ................. Mayor Town Clerk BRADFORIPUBLISHINGCO RECORD OF PROCEEDINGS Special Events Committee November 15, 1993 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Scott, Special Events Coordinator Hinze, Clerk O'Connor Absent: None Chairman Hix called the meeting to order at 10:04 A.M. EVENT DECISION MODEL. Administrator Klaphake reported that work sheets were previously distributed to Committee members. Staff will tabulate the work sheets, categorize the events and release the information in the near future. Events will be based upon the following: 1. Participation in event (participants and spectators). Overall attendance, size, etc.--Macro Economy. 2. Town revenue/expense ratio. Event revenue compared to event expanse--micro economy. 3. Season: off - November through March shoulder April to mid-June & mid-September to October peak mid-June, July, August, mid-September 4. Level of activity. Entertainment, interest level, draw, lure, attraction. 5. Image, tradition. Items 1 and 2 will be based upon specific demographic information supplied by Special Events staff. Items 3-5 will be based upon the Committee's opinion. Completion of the process will provide a basis upon which to formulate a special event budget. Administrator Klaphake applauded Director Scott and Coordinator Hinze for their work on this specific project. There being no further business, Chairman Hix adjourned the meeting at 10:16 A.M. 17 Le.kin il'· L. Clt.„ .,4.t' Vickie O'Connor, CMC, Town Clerk BRADFORIPUSLISHING.0 RECORD OF PROCEEDINGS Public Safety Committee, November 18, 1993 - Page 2 Underaged Alcohol Possession - Ordinance: This ordinance would make it unlawful for any individual under 21 years of age to: 1. Obtain alcohol. (Driver's license can be revoked.) 2. Possess alcohol on public property. (Driver's license can be revoked.) 3. Possess alcohol anywhere in the Town of Estes Park. 4. Consume alcohol anywhere in the Town of Estes Park. Town Attorney White explained that a state statute exists relating to this proposed ordinance but each municipality is required to adopt an ordinance for enforcement of the statute. Communities such as Loveland have done so and the ordinance has proven advantageous for local enforcement and as an educational tool for the offender. Ms. Lois Smith , P.a.C.K. Representative, offered statistics from a survey conducted in the local high school that would support the passage of such an ordinance: • 50% of the high school students drink once a month. · 87% have used alcohol in the last 12 months. · 40% have driven after drinking. · 52% have been a passenger in a car where the driver had been drinking. • 78% have consumed 5 or more drinks in a row in the last two weeks. Chief Racine noted that there have been occasions where this ordinance would have been helpful and added that special training and indoctrination will be needed to administer this program. The Committee recommended this ordinance be approved as presented. Christmas Parade Permit: The Committee reviewed the parade application for the Christmas Parade scheduled November 26, 1993, from 5:30 p.m. to 7:00 p.m. submitted by the Special Events Department. The Committee recommends approval of the 1993 Christmas Parade Application. FIRE DEPARTMENT The Department had no items for discussion at this time. REPORTS Summary Report: This report summarized the police statistics for the first three quarters of the year, comparing these numbers to 1992. Most areas showed a decrease with the exception of motor vehicle injury accidents and drugs/alcohol related offenses. Chief Racine asked the Committee for input regarding needed information in this report. Correspondence: A 3-month summary of correspondence was presented. A complete file of all correspondence is available upon request. Professional Standards Certification: Chief Racine reported that the Police Department will be awarded the Professional Standards Certificate on December 14th. This certification will offer liability protection and a possible decrease in insurance fees. This program has been on-going and required the establishment of a policy and procedures manual. This policy manual was distributed to the committee members. There being no further business, Chairman Hix adjourned the meeting at 11:00 a.m. -11:- K-112- Tina Kuehl, Deputy Town Clerk t , BRADFOR/PUBLISHING.0 RECORD OF PROCEEDINGS . Public Safety Committee November 18, 1993 Committee: Chairman Hix, Trustees Brown and Habecker Attending: Chairman Hix, Trustees Brown and Habecker Also Attending: Town Administrator Klaphake, Town Attorney White, Trustee Dekker, Police Chief Racine, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 10:05 a.m. POLICE DEPARTMENT Beaver Point: A short recess was called for consideration of a proposal submitted by Attorney Ed Davis. Town Administrator Klaphake, Town Attorney White, Police Chief Racine, and Attorney Davis left the room to discuss the matter. Upon their return, Chairman Hix and Trustee Habecker declared conflicts of interest and withdrew from the discussion. Trustee Brown assumed the chairmanship. Chief Racine reviewed the history of this issue noting that this parking hazard was first discussed during the Committee meeting May 20, 1993. It was determined the location of the right-of-way as first indicated is on private property and the Town would not have jurisdiction to place bollards in the first recommended positions without owner permission as was stated at an earlier meeting. The current proposal includes the following at Town responsibility: 1. Placement of six bollards, with owner permission, on private property 4 feet off the traveled portion of the highway. 2. Establishment of a one-way lane off of High Drive to enter the property. 3. Establishment of 3 parallel parking spaces in front of store. 4. Retopping the front area blacktop. 5. Appropriate signage and initial striping. Placement of a "No Right Turn on Red" sign from Highway 36 onto High Drive has been recommended by staff to State Highway Department. Mr. Zaina will remove concrete stops presently in place in front of this building. Attorney Davis acknowledged that the store and the real property have been purchased by Mr. Ahmed Zaina who should be commended for his willingness to compromise in furthering goodwill and safety. Mr. Davis added that although this proposal helps eradicate a safety hazard, 67 other businesses in Estes Park are allowed parking that encourages the same type of hazard. Mr. Zaina spoke for acceptance of this proposal. Dr. John Reichhardt stated three concerns: maintenance of the one- way sign, maintenance of the parking area pavement striping, and the necessity of the "No Right Turn on Red" signal and if time-of- day exceptions would be allowed. Chief Racine stated that the maintenance of the one-way sign and initial striping of the parking area would be the responsibility of the Town. Chief Racine stated that if the State enacts the "No Turn on Red" restriction, that it needed to be enforced 24.hours a day, year around, to provide uniformity of awareness and to provide a traffic break for private drives along High Drive. Dr. Reichhardt indicated that the High Drive residents would be willing to accept this proposal. The committee recommended that a final written proposal be prepared by Attorney White. The Chairmanship returned to Trustee Hix. t ....FORD.U.LISHING.0 RECORD OF PROCEEDINGS Administrative Committee November 18, 1993 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Mayor Dannels, Trustees Hix, Brown, Dekker, Doylen, Gillette, Habecker Also Attending: Town Administrator Klaphake, Assistant Town Administrator Widmer, Town Attorney White, Department Heads Linnane and Matzke, Deputy Clerk Kuehl Absent: None Chairman Dannels called the meeting to order at 2:00 P.M. 1994 ENTERPRISE FUND BUDGETS - PROPOSED Assistant Town Administrator Widmer reviewed the revenues and expenses of the Light & Power and the Water Funds, adding that the total revenues of these two funds constitute 50% of the total Town budget. Light & Power revenues increased 2.8% and expenditures increased 2.6%, causing an increase in total retained earnings. The projected Water Fund budget includes an anticipated 5% rate increase. The Water Fund revenues decreased 6.6% due partly to the $50,000 reduction in fire hydrant fees. Staff confirmed which capital outlay projects would be submitted to the Committee for further action and which projects would require pre-authorization to bid. ESTABLISH LIGHT AND POWER AND WATER FUNDS AS ENTERPRISE FUNDS - RESOLUTION Assistant Town Administrator Widmer explained that formal action is needed through resolutions to establish both the Light & Power and the Water Funds as Enterprise Funds. Many communities are executing this type of action. As the TABOR Amendment specifically exempts enterprise funds, this action would be in compliance. The committee recommends approval of the proposed resolutions to establish Light & Power and Water Funds as Enterprise Funds. EXPENDITURE CONTROL BUDGET POLICY - RESOLUTION Because the TABOR Amendment encourages a "spend it or lose it" attitude, a resolution adopting an Expenditure Control Budget Policy is being considered. This policy would include the following: 1. OPERATING BUDGET: The operating budget for each department or division will be set each year at the past year's level plus an allowance for inflation and growth. This level assumes the same level and mix of services is maintained, and may be adjusted for extraordinary circumstances by the Town Administrator. 2. LINE ITEM EXPENDITURES: Within each department or division's operating budget, the department head will be empowered to move expenditures between line items as necessary to respond to changing circumstances without prior approval from administration. 3. GENERATED: Any savings generated within a department or division's operating budget during a calendar year shall be shown at year-end as a reserve, and may be spent by the department/division in subsequent years for any purpose consistent with the department/division mission except for additional personnel. BRADFORIPUILISHING.0 RECORD OF PROCEEDINGS Administrative Committee, November 18, 1993 - Page 2 This resolution would be in effect for two years; however, could be canceled at any time or renewed at the end of the two-year time. The Committee recommends approval of the proposed resolution adopting an Expenditure Control Budget Policy. 1994 BUDGET HIGHLIGHTS - REVIEW Town Administrator Klaphake reviewed the 1994 budget highlights including: • General Operations. · Joint Budget Committee recommendations. • Enterprise Funds. · Miscellaneous issues: · Tabor compliance. · Full Time Payroll increase of 3.5%. • E-911 and Police Dispatch responsibilities. • Marketing of Conference Center. • Street overlay program. • Water contribution to General Fund. · Fire Department Facility Study. • Open space set-aside. Housing. • Advertising. • Special Events. • Contingency for Mayor and Board. · Future budget considerations: • Changes in status of Joint Budget Committee Recommendations (Joint Budget Committee). • Special Events Detail Budget (Special Events Committee). • Water Rate Increase (Public Works Committee). • Business License changes (Administrative Committee). 1994 BUDGET - RECOMMEND APPROVAL The Committee recommends approval of the 1994 Budget. When the request for budget approval is made at the Town Board meeting, Trustee Brown asked that CACEP and the Museum budgets be separated because of a conflict of interest. This would allow Trustee Brown a vote on the remainder of the budget. POLICY AGENDA -1993 OUARTERLY PROGRESS REPORT Assistant Town Administrator Widmer presented and reviewed the quarterly progress report for the Board's 1993 Goals. Of the 18 original goals, 10 have been completed. The Board was asked to consider goals to be included in the 1994 Policy Agenda. The Committee acknowledged receipt of the report. There being no further business, Chairman Dannels adjourned the meeting at 3:25 P.M. 1-5_ Kum..2-Q Tina Kuehl, Deputy Town Clerk BRADFORDPIELISHING.0. RECORD OF PROCEEDINGS Public Works Committee November 19, 1993 Committee: Chairman Habecker, Trustees Doylen and Gillette Attending All Also Attending: Assistant Town Administrator Widmer, Trustee Dekker, Public Works Director Linnane, Water Superintendent Goehring, Deputy Clerk Kuehl Absent: None Chairman Habecker called the meeting to order at 10:10 A.M. WATER RATE STUDY Public Works Director Linnane explained that three Financial Plans have been prepared by Black & Veatch since 1989. These plans have anticipated the end of the approximate $700,000/year MDC revenue source in 1993. At the conclusion of each Financial Plan, the public was notified of a possible rate increase starting in 1994. John Gallagher, of Black & Veatch, presented the preliminary study which includes the projection of water sales revenue, the cost of service, and the design of cost rates. Water rate increases are needed because of necessary capital improvements to upgrade the transmission and distribution system. The 1993 reserves stand at $2.3 million and the goal is to maintain a reserve of $1.3 million reserve by 1999, after 6 years of capital improvements. These reserves are needed to cover capital emergencies that may result from catastrophic occurrences. The $1.3 million is a financially healthy reserve. Four water classifications were designated (residential, commercial, pump flow, and bulk) and the following rate structure was recommended for approval: Minimum Charge Structure: Charge customers the cost of billing the customer, repairing and maintaining the meter, maintaining smaller mains, and the minimum cost of 2,500 gallons of water, plus a charge for the actual water used. The total increase over the six- year period would be $75/residential per year and $360/commercial per year. Following are the projected percentage increases over the next six years: 1994 5% 1997 9% 1995 7% 1998 5% 1996 9% 1999 5% The Committee recommended an ordinance be prepared by the Town Attorney using the Minimum Charge Structure and presented to the Board of Trustees at their January 11, 1994 meeting. BIKE PATH EXTENSION Director Linnane reported that $138,000 was budgeted for capital improvements during 1993 with $8,700 remaining. It was suggested this money be used to continue the bike path from Matthew Circle to the school. The encumbrance of these funds would not affect the budget. The Committee recommended the $8,700 remaining in the capital improvements budget be encumbered in 1993 to order to complete this project in 1994. BRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee, November 19, 1993 - Page 2 REPORTS The Committee reviewed the Customer Service Response and Monthly Water Reports for October. Director Linnane reported that Marys Lake Water Treatment Plant was off-line during October for cleaning and was back on-line November 3. Director Linnane reported that the Lake Estes Bike Trail was chosen by the Upper Front Range Regional Transportation Planning Committee as their first choice for funding and will be recommended to the Colorado Department of Transportation. Chairman Habecker commended Commissioner Disney for his assistance during the planning stages of this project. Assistant Town Administrator Widmer reported that the Estes Park Senior Center was contacted to become a part of the proposed Community Center. The Senior Center sent a survey to 315 participants, receiving 83 positive and 128 negative votes. Trustee Dekker commended the Committee on their persistence in producing this proposed rate study and their recommendation of gradual rate increases rather than the cost of service charges. There being no further business, Chairman Habecker adjourned the meeting at 11:37 A.M. 71,a~ Ku...Q.Q Tina Kuehl, Deputy Town Clerk 49 I BRADION'PUILISHING.0 RECORD OF PROCEEDINGS Planning Commission November 16, 1993 Commissioners: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Attending: Chairman Sager, Commissioners Amos, Burgess, A. Hix, and Pohl Also Attending: Trustee/Liaison G. Hix, Community Development Director Stamey, Deputy Clerk Kuehl Absent: Commissioners Brown and Miller Chairman Sager called the meeting to order at 1:30 p.m. 1. MINUTES. Minutes of the October 19, 1993 meeting were approved as submitted. 2. SUBDIVISIONS. 2.a. Final Plat. Lot 26. Block 1. Fall River Estates. D.A. Lienemann/Applicant.. It was moved and seconded (Amos-Hix) that action on this plat be continued to the December 21, 1993 meeting, and it passed unanimously. 3. DEVELOPMENT PLAN 3.a. Development Plan 93-13. Lot 1. Block 3. Fall River Estates. Doug and Linda Cook/Applicants. Applicant's representative Matt Buster explained that the applicants are proposing the development of 16 accommodation units in three buildings (one handicapped unit per building) plus a manager' 00 quarters/office. Twenty-two parking spaces (four designated handicapped) will be provided. Cement barriers will be placed in each of the parking spaces to prevent car overhang onto the sidewalk area. The present 1.4 acres will be increased to 1.5 acres with a 20-foot boundary line extension to the north. An existing 60-foot easement across the lot to the south will be used for the entrance. Mr. Buster also stated that the applicants would dedicate an easement for a pedestrian/bike path that would parallel Fall River. Mr. Buster submitted an elevation drawing of one of the buildings. Ken Czarnowski, a Fall River resident speaking on behalf of the Rocky Mountain National Park, conveyed the following concerns regarding this type development along the river: 1. Destruction of riparian lands. 2. Impact on wetlands to the north. 3. Designation of flood plain. Community Development Director Stamey reported that the area between Fall River and the Highway will remain undisturbed and the flood plain designation reflects conditions after the Lawn Lake Flood. The Army Corps of Engineers has also reviewed for wetlands. It was moved and seconded (Amos-Burgess) the Development Plan 93-13, Lot 1, Block 3, Fall River Estates be approved, and it passed unanimously, contingent upon the following: BRADFORDPUBLISHING.0. RECORD OF PROCEEDINGS Planning Commission Meeting, November 16, 1993 - Page 2 1. Submission and approval of a final plat adjusting the lot line between Lots 1 and 2 prior to any construction. 2. Dedication of a pedestrian/bike access easement along Highway 34/Fall River with the final plat. 3. Maintenance of the existing willows between Fall River and Highway 34 to satisfy highway frontage requirements. 4. Removal of barbed wire fence between property line and highway, if applicant controls this fence. 5. Include culvert under driveway entrance (show on Development Plan). 6. Final location of the buildings and parking areas be adjusted in an effort to save as many of the existing trees as possible. 5. REPORTS. Commissioner Pohl and Director Stamey reported that the series of Comprehensive Plan Workshops are continuing this week. Commissioner Pohl stated that the program has a strong momentum and speaks highly of the community as a whole and added that the related Task Force of 17 people are also ~ continuing their meetings. Commissioner Burgess believes the plan approved at this meeting is in accord with the suggestions of the Fall River neighborhood, showing that the developers are considering the wants of the community. Commissioner Amos commended staff for their work with the applicants and developers in resolving issues and explained that the Planning Commission does consider staff recommendations in all plans submitted. There being no further business, Chairman Sager adjourned the meeting at 1:50 p.m. T.=. K-932 Tina Kuehl, Deputy Town Clerk ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13.12 LIGHT AND POWER RATE SCHEDULES OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees has determined that it is necessary to amend Chapter 13.12 of the Municipal Code of the Town of Estes Park; and WHEREAS, notice to the public of the proposed rate adjust- ments and of the public hearing thereon was duly given in compliance with the requirements of Section 40-3.5-104 C.R.S.; and WHEREAS, a public hearing was held by the Estes Park Board of Trustees on November 23, 1993, as is required under Section 40-3.5-104 C.R.S.; and WHEREAS, the Town's present electric rates do not adequately reflect the Town's cost of service to the Town's electric customers. The rate adjustment proposed by the Department will allow the accurate, efficient and timely recover of the cost of service; and WHEREAS, inclusion in the base rates of the energy cost contained in the purchased power rider will permit recovery of all wholesale power costs and Will avoid unnecessary administrative cost; and WHEREAS, it is necessary to include new rate classifications in order to provide equitable electric rates to all customers; and WHEREAS, the proposed rate adjustments are necessary to insure the continued reliable, stable, viable and efficient operation of the Town's electric utility systems; and WHEREAS, the proposted rate adjustments are just and reasonable in light of the Town's present and anticipated needs; a nd WHEREAS, the proposed rate adjustments are to be uniformly applied to all customers, without regard to whether they are located inside or outside of Town limits. The proposed rate adjustments are non-discriminatory to any customer or class Of customers. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Chapter 13.12 Light and Power Rate Schedules is hereby amended in its entirety to read as follows: 13.12.010 Generally. The schedule of rates set forth in this Chapter for the service of electric power and energy by the Town shall remain in e ffect until repealed or amended. None of the rates are available for resale service. 13.12.020 Residential Service. A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory. B. AVAILABILITY: This schedule is available to residential consumers for all domestic uses in individually metered single- family private dwellings or individually metered apartments except consumers having electric heat as a primary or auxiliary energy source for space heating with annual consumption greater than 20,000 kWh. c C. MONTHLY RATE: Customer Charge: $3.00 Energy Charge per kWh: $.06359 D. MONTHLY MINIMUM BILLS: The Monthly Minimum Bill shall be the Customer Charge. E. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. F. CONDITIONS OF SERVICE: Service provided under this rate schedule shall be subject to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. G. PURCHASED POWER RIDER: This schedule is subject to the conditions set forth on the Purchased Power Rider. 13.12.030 Residential Service-Demand Metered. A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory. -2- B. AVAILABILITY: This schedule is available to residential consumers having electric heat as a primary or auxiliary energy source for space heating in individually metered single-family private dwellings or individually metered apartments. This schedule is also available for those residential consumers who do not have electric heat as a primary or auxiliary energy source for space heating, but whose annual energy consumption is over 15,000 kWh. C. MONTHLY RATE: Customer Charge: $3.00 Demand Charge per kW of billing demand: Winter Season Oct. 1 - March 31 $7.15 Summer Season April 1 - Sept. 30 $3.93 Energy Charge per kWh: $.03085 D. DETERMINATION OF BILLING DEMAND: The billing demand shall be determined by suitable meter measurement of the highest 15-minute integrated demand occurring during the monthly billing period. E. MONTHLY MINIMUM BILL: The Monthly Minimum Bill shall be the Customer Charge. F. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. G. CONDITIONS OF SERVICE: Service provided under this rate schedule shall be subject to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. Any account receiving service under this schedule shall be required to remain on this schedule for a minimum of twelve (12) months. H. PURCHASED POWER RIDER: This schedule is subject to the conditions set forth on the Purchased Power Rider. 13.12.040 Residential Service - Time of Day. A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory. -3- B. AVAILABILITY: This schedule is available to all ' residential consumers who use energy storage equipment ror electric space heating and whose annual energy consumption is over 15,000 kWh. C. MONTHLY RATE: Customer Charge: $3.00 Demand Charge: On-Peak Period: All kW of Maximum Demand in the Billing Period per kW Winter Season Oct 1 - March 31 $8.00 Summer Season April 1 - Sept. 30 $6.00 Off-Peak Period: No Demand Charge Energy Charge: On-Peak Period: All kWh used On-Peak in the Billing Period, per kWh $.03085 Off-Peak Period: All kWh used Off-Peak in the Billing Period, per kWh $.0255 D. TIME OF DAY HOURS. The On and Off Peak periods shall be as follows: 1. On-Peak Period: Between 6:00 A.M. and 1:00 P.M. and between 3:00 P.M. and 10:00 P.M. on weekdays. 2. Off-Peak Period: Between 1:00 P.M. and 3:00 P.M. and between 10:00 P.M. and the succeeding 6:00 A.M. on weekdays and all hours on weekends and holidays. 3. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. E. MONTHLY MINIMUM BILL: The Monthly Minimum Bill shall be the Custcmer Charge. F. DETERMINATION OF DEMAND: The billing demand shall be determined by suitable meter measurement of the highest 15-minute integrated demand occurring during the monthly On-Peak Period. -4- G. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. H. CONDITIONS OF SERVICE: Service provided under this rate schedule shall be subject to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. Customer may be required to pay for special metering Costs over and above single phase self contained metering. Any account requesting service under this schedule shall be required to remain on this schedule for a minimum of twelve (12) months. I. PURCHASED POWER RIDER: This schedule is subject to the conditions set forth on the Purchased Power Rider. 13.12.045 Residential Service - Energy Time of Day. A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory. B. AVAILABILITY: This schedule is available to all residential consumers who use energy storage equipment for electric space heating and have an annual energy consumption under 20,000 kWh during the on-peak period. C. MONTHLY RATE: Customer Charge: $3.00 Energy Charge: Winter Season (Oct 1 - May 31) On-Peak Period: All kWh used On-Peak in the Billing Period, per kWh $.08 Off-Peak Period: All kWh used Off-Peak in the Billing Period, per kWh $.0255 Summer Season (June 1 - September 30) All kWh used per kWh $.06359 -5- D. TIME OF DAY HOURS. The On and Off Peak periods shall be ' as follows: 1. On-Peak Period: Between 6:00 A.M. and 1:00 P.M. and between 3:00 P.M. and 10:00 P.M. on weekdays. 2. Off-Peak Period: Between 1:00 P.M. and 3:00 P.M. and between 10:00 P.M. and the succeeding 6:00 A.M. on weekdays and all hours on weekends and holidays. 3. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. E. MONTHLY MINIMUM BILL: The Monthly Minimum Bill shall be the Customer Charge. F. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. G. CONDITIONS OF SERVICE: Service provided under this rate schedule shall be subJect to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. Any account requesting service under this schedule shall be required to remain on this schedule for a minimum of twelve (12) months. Customer may be required to pay for special metering costs over and above single phase self contained metering. H. PURCHASED POWER RIDER: This schedule is subject to the conditions set forth on the Purchased Power Rider. 13.12.050 Small Commercial Service. A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory. B. AVAILABILITY: This schedule is available for business lighting and small power loads of 35 kW maximum demands or less. All service will be supplied only through a single meter. This service is available at single or three phase at the established voltage of either the Town's primary or secondary distribution system. C. MONTHLY RATE: Customer Charge: $7.25 Energy Charge per kWh: $.06892 D. MONTHLY MINIMUM BILL: The Monthly Minimum Bill shall be the Customer Charge. -6- E. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. The foregoing schedule shall be net where service is metered at secondary voltage of the Town's distribution system. Where service is metered under this schedule at primary voltage, the consumer shall receive a credit of two percent (2%) of the monthly bill, less the Customer Charge. F. CONDITIONS OF SERVICE: Service provided under this rate schedule shall be subject to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. G. PURCHASED POWER RIDER: This schedule is subject to the conditions set forth on the Purchased Power Rider. 13.17.055 Small Commercial Service - Energy Time of Day. A. Applicability: The rates set forth in this section shall be applicable in Estes Park service territory. B. AVAILABILITY: This schedule is available to all small commercial consumers who use energy storage equipment for electric space heating and otherwise would be served under the Small Commercial schedule. C. MONTHLY RATE: Customer Charge: $7.25 Energy Charge: Winter Season (Oct 1 - May 31) On-Peak Period: All kWh used On-Peak in the Billing Period, per kWh $.0867 Off-Peak Period: All kWh used Off-Peak in the Billing Period, per kWh $.0255 Summer Season (June 1 - September 30) All kWh used per kWh $.06892 -7- D. TIME OF DAY HOURS. The On and Off Peak periods shall be ' as follows: 1. On-Peak Period: Between 6:00 A.M. and 1:00 P.M. and between 3:00 P.M. and 10:00 P.M. on weekdays. 2. Off-Peak Period: Between 1:00 P.M. and 3:00 P.M. and between 10:00 P.M. and the succeeding 6:00 A.M. on weekdays and all hours on weekends and holidays. 3. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. E. MONTHLY MINIMUM BILL: The Monthly Minimum Bill shall be the Customer Charge. F. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. The foregoing schedule shall be net where service is metered at secondary voltage of the Town's distribution system. Where service is metered under this schedule at primary voltage, the consumer shall receive a credit of two percent (2%) of the monthly bill less the Customer Charge. G. CONDITIONS OF SERVICE: Service provided under this rate schedule shall be subject to all Light and Power Department general and specific Rules and regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. Any account requesting service under this schedule shall be required to remain on this schedule a minimum of twelve (12) months. Customer may be required to pay for special metering costs over and above single phase self contained metering. H. PURCHASED POWER RIDER: This schedule is subject to the conditions set forth on the Purchased Power Rider. 13.12.060 Large Commercial Service. A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory. B. AVAILABILITY: This schedule is required for electric lighting and power requirements of consumers having maximum demands exceeding 35 kW in any two (2) consecutive months. All service will be supplied only through a single meter. This service is available at single or three phase at the established voltage of either the Town's primary or secondary distribution system. -8- C. MONTHLY RATE: Demand Charge per kW $9.26 Energy Charge per kWh $.02959 D. DETERMINATION OF BILLING DEMAND: The billing demand shall be determined by suitable meter measurement of the highest 15-minute integrated demand occurring during the monthly billing period, but shall not be less than the Monthly Minimum Billing Demand. E. MONTHLY MINIMUM BILLING DEMAND: The Monthly Minimum Billing Demand shall be 60% of the customers' measured demand occurring during the months of Platte River Power Authority's seasonal peak demand. The Light and Power Department may waive this minimum charge. F. MONTHLY MINIMUM BILL: The Monthly Minimum Bill shall be $9.26 times the Monthly Minimum Billing Demand or $55.00, whichever is greater, plus the monthly energy charge. G. PAYMENT: The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. H. CONDITIONS OF SERVICE: Service provided under this rate schedule shall be subJect to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. Customer may be required to pay for special metering costs over and above single phase self contained metering. The consumers shall be required to properly balance their loads. If the power factor during the time the billing demand is established falls below 95% lagging, adjustment may be made by increasing the measured demand for each month by 1% for each 1% or major fraction thereof by which the power factor during the billing period is less than 95% lagging. The foregoing schedule shall be net where service is metered at the secondary voltage of the Town's distribution system. Where service is metered under this schedule at primary voltage, the consumer shall receive a credit of two percent (2%) of the monthly bill for service. Where service is taken at the Town's established primary voltage and the consumer furnishes the transformers and substations coverting to secondary voltage , the consumer shall receive a credit of four percent (4%) of the monthly bill. Any account requesting service under this schedule shall be required to remain on this schedule for a minimum of twelve (12) months. -9- I. PURCHASED POWER RIDER: This schedule is subject to the conditions set forth on the Purchased Power Rider. 13.12.070 Large Commercial Service - Time of Day. A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory. B. AVAILABILITY: This schedule is available for electric light and power requirements of consumers having maximum demands exceeding 35 kW in any two (2) consecutive months. All service will be supplied only through a single meter. This service is available at single or three phase at the established voltage of either the Town's primary or secondary distribution system. C. MONTHLY RATE: Demand Charge: On-Peak Period: All kW of Maximum Demand (including Power Factor Cost Adjust- ment) in the Billing Period per kW $10.70 Off-Peak Period: No Demand Charge Energy Charge: On-Peak Period: All kWh used On-Peak in the Billing Period, per kWh $.02959 Off-Peak Period: All kWh Used Off-Peak in the Billing Period, per kWh $.02444 D. TIME OF DAY HOURS. The On and Off Peak periods shall be as follows: 1. On-Peak Period: Between 6:00 A.M. and 10:00 P.M. on weekdays. 2. Off-Peak Period: Between 10:00 P.M. and the succeeding 6:00 A.M. on weekdays and all hours on weekends and holidays. 3. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. -10- E. DETERMINATION OF BILLING DEMAND: The billing demand shall be determined by suitable meter measurement of the highest 15-minute integrated demand occurring during the monthly On-Peak period. The On-Peak billing demand shall not be less than the Monthly Minimum Billing Demand. F. MONTHLY MINIMUM BILLING DEMAND: The Monthly Minimum Billing Demand shall be 60% of the customers' measured demand occurring during the months of Platte River Power Authority's peak demand. The Light and Power Department may waive this minimum charge. G. MONTHLY MINIMUM BILL: The Monthly Minimum Bill shall be $10.70 times the Monthly Minimum Billing Demand or $55.00, whichever is greater, plus the monthly energy charge. H. PAYMENT. The above rates are net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. I. CONDITIONS OF SERVICE: Service provided under this rate schedule shall be subject to all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate tariff sheets on file. Customer may be required to pay for special metering costs over and above single phase self contained metering. The consumers shall be required to properly balance their loads. If the power factor during the time the billing demand is established falls below 95% lagging, adjustment may be made by increasing the measured demand for each month by 1% for each 1% or major fraction thereof by which the power factor during the billing period is less than 95% lagging. The foregoing schedule shall be net where service is metered at the secondary voltage of the Town's distribution system. Where service is metered under this schedule at primary voltage, the consumer shall receive a credit of two percent (2%) of the monthly bill for service. Where service is taken at the Town's established primary voltage and the consumer furnishes the transformers and substations converting to secondary voltage, the consumer shall receive a credit of four percent (4%) of the monthly bill. Any account requesting service under this schedule shall be required to remain on this schedule for a minimum of twelve (12) months. J. PURCHASED POWER RIDER. This schedule is subject to the conditions set forth on the Purchased Power Rider. -11- 13.12.080 Municipal Service. A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory. B. AVAILABILITY. Available for municipal street, park lighting and buildings as provided to the Town. C. MONTHLY RATES. All kWh used per kWh $.06216 D. PURCHASED POWER RIDER: This schedule is subject to the conditions set forth on the Purchased Power Rider. 13.12.090 Purchased Power Rider. A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory to all Electric Rate schedules. B. PURPOSE. This schedule is to pass on the estimated cost change resulting from changes in the Platte River Power Authority (PRPA) base electric rates which are applicable to service to the Town of Estes Park. C. METHOD OF DETERMINING THE RIDER. Formula for determing the Purchased Power Rider: Purchased Power Rider = (New PRPA rate Cost - Current PRPA Cost) kWh Sales Current PRPA Cost = The most recent 12 months cost of power purchased from PRPA by the Town of Estes Park estimated using the rates in effect April 1, 1993. kWh Sales = The electric kWh sales to the Town's customers for the same 12 month period as the current PRPA cost. New PRPA Cost = The calculated cost of power assuming the power purchased for the same 12-month period as used for the current PRPA costs and the proposed PRPA rates. The purchased power rider shall be calculated to the nearest one-hundredth of a mill ($0.00001) per kWh. The electric rate schedules with demand rates may have the purchased power rider spread between the energy and the demand rates. The demand portion shall be set as $/kW. -12- 13.12.100 Outdoor Area Lighting A. APPLICABILITY: The rates set forth in this section shall be applicable in Estes Park service territory. B. AVAILABILITY: This schedule is available to any customer for the lighting of private outdoor areas, where such service can be provided directly from existing secondary distribution lines of the Estes Park Light and Power Department. C. MONTHLY RATE: Per Lighting Fixture $5.25 D. PAYMENT: The above rate is net. Bills for electric service are due and payable within ten (10) days subsequent to mailing or delivery of the bill. E. PURCHASED POWER RIDER: This schedule is subject to the conditions set forth on the Purchased Power Rider. F. CONDITIONS OF SERVICE Service provided under this rate , schedule shall be subject td all Light and Power Department general and specific Rules and Regulations and extension policies and such rules and regulations as set forth in appropriate schedule sheets on file and the following special conditions. 1. The customer shall apply to the Town for this service. The customer shall provide such information as necessary for the Town to evaluate the request for service, including number and location of all fixtures and all neighboring structures, including structures located off the premises of customer. The Town shall review said application and may grant the request for servicd in its sole discretion. 2. The customer shall be required to deposit with the Town the estimate of the cost of installation of the outdoor area lighting equipment, including all equipment and labor charges. The customer shall deposit such sum with the Town prior to commencement of installation of this service. The Light and Power Department shall have the right to make modifications to the equipment and plan in accordance with good engineering practice. In the event all costs of installation are either greater or less than the amount deposited by the customer, said difference shall be reflected in the customer's next electric bill. 3. All materials and equipment furnished and installed shall be the property of the Light and Power Department. The Light and Power Department shall have a reasonable time after the termination of service to disconnect area lighting facilities and remove the same from the premises. All costs of the removal of this system shall be the responsibility of the customer and shall be reflected on the customer's next electric bill. -13- f 4. The term "burning dusk to dawn" as used herein shall be ' construed to mean that all lamps shall be lighted by automatic control equipment from approximately sunset to sunrise. 5. Customer shall notify the Light and Power Department of any service failure. Burned out lamps shall be replaced as soon as practicable, subject to Light and Power Department operating schedules, after notification by customer of service failure. All maintenance, including replacement of lamps, will be done during regular working hours. No credit shall be allowed on customer's monthly bill for lamp outages. 6. All service under this schedule shall be for a minimum of one year and thereafter until termination. Termination shall be effective five days following the receipt of written notice by the Light and Power Department of the request for termination by the customer. 7. In the event maintenance is required to the outdoor area lighting for more than normal wear and tear, the Town may terminate this service. Section 2. These rates shall take effect as of the first billing period after December 27, 1993. Section 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1993. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1993, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1993. Town Clerk 'RAC>FOR'PUILISHING.0 RECORD OF PROCEEDINGS Public safety Committee November 18, 1993 Committee: Chairman Hix, Trustees Brown and Habecker Attending: Chairman Hix, Trustees Brown and Habecker Also Attending: Town Administrator Klaphake, Town Attorney White, Trustee Dekker, Police Chief Racine, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 10:05 a.m. POLICE DEPARTMENT Beaver Point: A short recess was called for consideration of a 1. A. proposal submitted by Attorney Ed Davis. Town Administrator Klaphake, Town Attorney White, Police Chief Racine, and Attorney Davis left the room to discuss the matter. Upon their return, Chairman Hix and Trustee Habecker declared conflicts of interest and withdrew from the discussion. Trustee Brown assumed the -~ chairmanship. Chief Racine reviewed the history of this issue noting that this parking hazard was first discussed during the Committee meeting May 20, 1993. It was determined the location of the right-of-way as first indicated is on private property and the Town would not have jurisdiction to place bollards in the first recommended positions without owner permission as was stated at an earlier meeting. The current proposal includes the following at Town responsibility: 1. Placement of six bollards, with owner permission, on private property 4 feet off the traveled portion of the highway. 2. Establishment of a one-way lane off of High Drive to enter the property. 3. Establishment of 3 parallel parking spaces in front of store. 4. Retopping the front area blacktop. 5. Appropriate signage and initial striping. Placement of a "No Right Turn on Red" sign from Highway 36 onto High Drive has been recommended by staff to State Highway Department. Mr. Zaina will remove concrete stops presently in place in front of this building. Attorney Davis acknowledged that the store and the real property have been purchased by Mr. Ahmed Zaina who should be commended for his willingness to compromise in furthering goodwill and safety. Mr. Davis added that although this proposal helps eradicate a safety hazard, 67 other businesses in Estes Park are allowed parking that encourages the same type of hazard. Mr. Zaina spoke for acceptance of this proposal. Dr. John Reichhardt stated three concerns: maintenance of the one- way sign, maintenance of the parking area pavement striping, and the necessity of the "No Right Turn on Red" signal and if time-of- day exceptions would be allowed. Chief Racine stated that the maintenance of the one-way sign and initial striping of the parking area would be the responsibility of the Town. Chief Racine stated that if the State enacts the "No Turn on Red" restriction, that it needed to be enforced 24 hours a day, year around, to provide uniformity of awareness and to provide a traffic break for private drives along High Drive. Dr. Reichhardt indicated that the High Drive residents would be willing to accept this proposal. The committee recommended that a final written proposal be prepared by Attorney White. The Chairmanship returned to Trustee Hix. LETTER AGREEMENT EDWIN L. DAVIS and AHMED ZAINA, hereinafter collectively referred to as "Owners", and the TOWN OF ESTES PARK, hereinafter referred to as "Town", WITNESSETH WHEREAS, Owners own property known as the Beaver Point Quick Stop, 911 Moraine Avenue, Estes Park, Colorado; and WHEREAS, the Town and the Owners have agreed to place bollards on the property for traffic safety purposes; IN CONSIDERATION of the mutual agreement herein, the parties agree as follows: 1. The Town is hereby given permission to place bollards along the perimeter of the front parking area at the Beaver Point Quick Stop, 911 Moraine Avenue; Estes Park, Colorado, provided that: (a) - Such bollards shall only be placed as shown on the attached drawing, initialed by the parties; and (b) All improvements to such front parking area, as shown on the attached drawing, shall be made by the Town and at the Town's expense, except that removal of the railroad ties used as car-bumper stops shall be made by occupier of premises at his expense; and (C) The repair and upkeep of the bollards shall be at the Town's sole expense; and (d) The Town shall, at its expense, apply a black spray topping on the front asphalt parking area shown on the attached drawing, before the white arrows and lane lines are painted on the surface; and (e) All markings to be placed upon the drive-through parking surface by the Town shall be done with white paint; and (f) Following the initial painting of the parking surface by the Town, the Owner shall maintain said painting. 2. The granting of permission of the Town to place bollards along the perimeter of the subject property is expressly conditional upon the Town's approval of the one way drive-through and the parallel parking in front of the Quick Stop Store, as shown on the attached drawing, and so long as such parking remains. 3. This agreement may only be amended or rescinded by mutual agreement of the parties in writing. 4. This agreement shall be binding upon the parties, their Personal Representatives, heirs, successors and assigns. Agreed to, signed and approved this day of November, 1993. APPROVED: DAVID RACINE, Police Chief of EDWIN L. DAVIS, Owner TOWN OF ESTES PARK AHMED ZAINA, Owner/Occupier BY: ATTEST: eRADFORD pueLISHING Co RECORD OF PROCEEDINGS public Safety Committee November 18, 1993 Committee: Chairman Hix, Trustees Brown and Habecker Attending: Chairman Hix, Trustees Brown and Habecker Also Attending: Town Administrator Klaphake, Town Attorney White, Trustee Dekker, police Chief Racine, Deputy Clerk Kuehl Absent: None Underaged Alcohol Possession - Ordinance: This ordinance would make it unlawful for any individual under 21 years of age to: 1. Obtain alcohol. (Driver's license can be revoked.) 2. Possess alcohol on public property. (Driver's license 3. Possess alcohol anywhere in the Town of Estes Park. can be revoked.) 4. Consume alcohol anywhere in the Town of Estes Park. ----4 Town Attorney White explained that a state statute exists relating to this proposed ordinance but each municipality is required to adopt an ordinance for enforcement of the statute. Communities such as Loveland have done so and the ordinance has proven advantageous for local enforcement and as an educational tool for the offender. Ms. Lois Smith , P.a.C.K. Representative, offered statistics from a survey conducted in the local high school that would support the passage of such an ordinance: · 50% of the high school students drink once a month. • 87% have used alcohol in the last 12 months. · 40% have driven after drinking. • 52% have been a passenger in a car where the driver had been drinking. • 78% have consumed 5 or more drinks in a row in the last two weeks. chief Racine noted that there have been occasions where this ordinance would have been helpful and added that special training and indoctrination will be needed to administer this program. The committee recommended this ordinance be approved as presented. ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 9.20 TO THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to add a new Chapter 9.20 to the Municipal Code of the Town of Estes Park. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Municipal Code of the Town of Estes Park is amended by the addition of Chapter 9.20 as follows: 9.20.010 Underage Possession and Consumption of Ethyl Alcohol. A. It is unlawful for any person under twenty-one (21) years of age to: 1. Obtain or attempt to obtain any ethyl alcohol by misrepresentation of age or by any other method in any place where ethyl alcohol is sold; or 2. Possess any ethyl alcohol in any ' store, in any public place, including public streets, alleys, roads or highways or upon property owned by the State of Colorado or any subdivision thereof, or inside vehicles while upon the public streets, alleys, roads or highways; or 3. Possess any ethyl alcohol anywhere in the Town of Estes Park, Colorado, other than those locations specified in subsection A. 2. of this section; or 4. Consume ethyl alcohol anywhere in the Town of Estes Park, Colorado. 9.20.020 Violations and Defenses. A. Violation of any provision of subsection A of Section 9.20.010 shall be a strict liability offense. It shall be an affirmative defense to the offenses described in subsection A.2 through A. 4 of Section 9.20.010, above that the ethyl alcohol was possessed or consumed by a person under twnety-one years of age under the following circumstances: 1. While such person was legally upon private property with the knowledge and the consent Of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of his parent or legal guardian who was present during such possession or consumption; or 2. When the existence of ethyl alcohol in a person's body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by Section 25-5-410(1)(i)(II), C.R. S. or the ingestion of any substance which was manufactured, designed or intended primarily for a purpose other than oral human ingestion, or the ingestion of any substance which was manufactured, designed or intended solely for medicinal or hygienic purposes, or solely from the ingestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight; 3. The possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution. 9.20.030 Evidence. A. Prima facie evidence of the violation of 9.20.010 of this section shall consist of: 1. Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed ethyl alcohol anywhere in the Town of Estes Park, Colorado; or 2. Evidence that the defendant was under the age of twenty-one and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in the Town of Estes Park, Colorado. B. During any trial for a violation of a provision of this chapter, any bottle, can or any other container with labeling indicating the contents of such bottle, can or container shall be admissible into evidence, and the information contained on any label on such bottle, can or other container shall be admissible into evidence and shall not constitute hearsay. The fact finder may consider the information upon such label in determining whether the contents of the bottle, can or other container were composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can or other container as "beer, " "ale, " "malt beverage," "fermented malt beverage," malt liquor, " 11 wine," "champagne," "whiskey, " "gin," "rum, " "armangnac," "vodka," "tequila," "schnapps," "brandy," "cognac,' "liqueur," "cordial," "alcohol" or "liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container was composed in whole or in part of ethyl alcohol. 9.20.040 Definitions. As used in this section, unless the context other requires: A. "Ethyl alcohol" means any substance which is or contains ethyl alcohol and includes fermented malt beverage, malt liquor, vinous liquor and spirituous liquor as defined in the Colorado Beer Code and Colorado Liquor Code. B. "Possession of ethyl alcohol" means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control. C. "Private property" means any dwelling and its curtilage which is being used by a natural person or natural persons ror habitation which is not open to the public, and privately owned real property which is not open to the public. Private property shall not include any establishment which has or is required to have a license pursuant to Article 46, 47 or 48 of Title 12, C.R.S., or any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold or any establishment which leases, rents or provides accommodations to members of the public generally. 9.20.050 Sentencing. A. Immediately upon a plea of guilty or no contest (except when such plea is entered in conjunction with a deferred sentence), or a verdict of guilty by the court or jury, to a violation of subsections A. 1. or A. 2. or Section 9.20.010, in addition to any other penalty, the Court shall require the offender to immediately surrender his driver's, minor driver's, or provisional driver's license, to the Court. The Court shall forward to the Colorado Department of Revenue a notice of conviction, together with the offender's license, not later than ten (10) days after the conviction becomes final. B. It is unlawful for any person to fail to surrender his license to the Court within three (3) days of his plea of guilty or no contest, or verdict of guilty to a violation of subsection A.1. or A.2. of Section 9.20.010. C. It is unlawful for the parent, guardian or other adult person having the duty of care and custody of a minor under the age of eighteen (18) years to knowingly allow or permit such minor to violate subsection A of Section 9.20.010. Section 2. This Ordinance shall take effect and be in force thirty days after its adoption and subsequent publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF MARCH, 1993. TOWN OF ESTES PARK, By: Mayor ATTEST: Town Clerk -3- I hereby certify that the above Ordinance was introduced and read .' at a meeting of the Board of Trustees on the day of March, 1993, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of March, 1993. Town Clerk -4 -- 1 M - '. I b . 4 I - - e \liA@213. - -10-*bs--3-r-05*193... BE +109,30»30.- 042_ 66-3-EL_3*da-., " 2.. 2 - - j + -830 0-C©illezo=-6.A-U.c>-42~xlic}sE--Ar_-,_43£>3- .. u..oah... a . _ ..~C~fod (Axul --, 4- o Se> _ly€- A-zl-« s. - - T ... p c.ep-wlerl-_A·.Do. .r>oN. ....scu-~-~1 ~1..?0604.- .L,_rld €£a-ck. e. - 6-__ __ _ *6<'1-·©I-incd,4 .ts* * 0.~g_, ·30.u_4-. _Af- Ve).51..£.:~ 6TY)~~~--,~6 ~,. - __ NOnck,LFOJ-CU-21.043-····CS-20, Dlr~*..._sl'e~.e_26-&:slEL- 6 , . W.i-8.s.,-2#.a-ce_».c.Do.a-.132..ve-<2*12241*Ada.n=:Ru~ .i- . _ *AAe-ca-c--An. ..--104. *34- - *48k*uv-FIELJ#*Ejfu-- -~.40 - -„.i 0 '1 r·nor e.... 1(NeS 1 .9 -'r\ne/e e JAE e. -\-p \c>€_- * bye\2-en-~,_le'944-.., A-4§-Se L 16-14*1-7(-6(-ge-· tjD 9,6...14.6.b .ai,gg-_- _-wl+U--- . _. - '00<10_l~j ~., 01§~--- V'hi i ..=>€-E-:LS.~--Ck.ad .-LC? 9 . 630_~k.:V.€- 6 1 - 4-*c>A - 4-\Rec E ., -CE> 0. <3- - ON\ ~ke€·R -~ 4-1 w.4.-, --_Sb 1-03- 3 a o . - . .Se.e)*6©«6- 13/0-421_ C.403 \9-«a.9- O.-*_..:09. ..,C~%-n . 2 40 C_Onne lk) I ---C»:11_. ' .41 _ l..01,~05.-~7__i-.u eM . . . . . C L.. · - -11.»; a...._....ew.e..(,~6-vu._c:~06-See- . .1 -T ... i.~b <) C~250> 4 7 . , -«1-4.0- ----e~r~ee_1 ,-b; 4-jo~-~ . 43_~1 Ck:*0~- -w.2= 06*3. - f:% a.3 9 ,~2 . ~ ~chc<lk.S #*To F r yog_k_; -431¥0.E_- 1-I I. ., ./ . Il · I . . i,i*- . -ST n C.escrelt 3 7 - -4 . L.Flin O'hoc>«L Es·%@s .32(61FA-M~~363.*..Sc>epl 11 . _ __R_ft.(ke-&6 1. s,.Acae. -I.,«_. ,_ . 1 1 " ' 4'·' rip ~ -,4 J- j 1 - 1 /1. G.-.-.•4 4, -4 -,9. .#-+ 1.4 '. 4.4- -, .1-1.1, I r. . 11/23/93 To the Town of Estes Park Trustees, amwriting to you about my concern for your ordinance on under- aged drinking. I don't think it is a good idea because even though we may be around alcohol, this doesn't necessarily mean that we are drinking it. Also the kids who are more of trouble makers, probably try to get into trouble for possession of alcohol just to get some attention. I understand that you are trying to protect us and others around us, but I don't think it is fair that we should getin trouble because of our peers. Another thing; before you start trying to control us, you need to be able to control yourselves, and others of your generation. Who do you think we are getting the alcohol from? Thank you for your time. Afeeyan Sloan ,.Dcert.---<54:~ 8th Grader at Park Middle School f/2 TOWN OF ESTES PARK ---*41,-4/if ·· m 72/te" 1*Ft /0 P.»91 DAJ/Net/ .A..d r -Vp' 4 74'.,4 k. '1~ p / '19* ../rN:~ h\imt y.i' 4'Bi 0. Nh .·2.-: ix '- b.h -dt-*Mijvt.Vilk' -t./ /004 1 ~~ppe +024:.9 x Li-1----G~R,4 ....9% ; 0 MEMORANDUM TO: Board of Trustees FROM: Monte L. Vavra, Finance Officer DATE: November 23, 1993 SUBJECT: Highway Users Trust Fund Public Hearing November 23, 1993 Colorado budget law requires a public hearing be conducted to discuss how the Highway Users Trust Fund revenues are proposed to be expended in the ensuing fiscal year. The following are the proposals that are included in the 1994 Town of Estes Park Budget: 1. Estimated Revenues: $115,170 2. Estimated Expenditures: Resurfacing Overlay 100,000 P.O. Box Installation 23,000 Fall River Erosion Control 5,000 $128,000 In addition, expenditures for snow plowing, street maintenance, or any other expenditures directly related to streets are allowable uses of Trust Fund revenue in the event one or more of the above- listed projects are not constructed or come in considerably less than budget. (303)586-5331 • RO. BOX 1 200 • ESTES PARK, CO 80517 • FAX (303) 586-281 6 ADMI N ISTRATION • FAX (303) 586-6909 OTH ER MEMORANDUM November 23, 1994 TO: The Honorable H. Bernerd Dannels, Mayor Town Board of Tru r.aa. Z_ FROM: Richard D. Widmei SUBJECT: 1994 Budget ~0~0/'~ The 1994 Budget for the Town of Estes Park is submitted for your consideration. This annual budget is an important policy and management document. The budget incorporates many of the goals adopted by the Board in the Action Plan for Policy Agenda: 1993. These goals include maximizing use of the Conference Center, determining options for affordable housing, maintaining a strong financial position, developing a park and ride system, encouraging a strong cultural arts program, and the second phase of the centralized mail delivery project. The 1994 Budget is based on the modified accrual accounting method for governmental-type funds and full accrual for proprietary-type funds. Estes Park is proud of its success in financial management over the years, as evidenced by our receipt of the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association for the last six years. Further evidence of this management success is found in the significant year-end fund balances shown in the budget for each of the funds. The 1994 Budget contains funding for a variety of capital improvements and has adequate maintenance levels for existing programs. Significant funding levels are provided for the street overlay program, mail box cluster installation, advertising program, capital equipment purchases, community services, and the Town's portion of the Lake Estes Hike/Bike Trail, Phase I. No new employees are funded in the 1994 budget. i Mayor and Town Board - November 23, 1993 - Page 2 Budget Process The budget process started with a review of the Town's long-range goals for programs and A capital improvements with the Town Board. All department heads submitted proposed budget information to the Finance Officer. The Finance Officer compiled all information submitted into A'v + one document. This document was reviewed and modified by the Assistant Town Administrator 1~,9 jty/ after extensive discussions with the Town Administrator. The budget was further reviewed and 62.-modifi-to-comply with-Amendment#1. The Town/EPURA Joint Budget Committee reviewed both the Town and EPURA budgets at meetings on October 20 and 27, 1993. The Joint Budget Committee recommended funding four projects in 1994: completion of the Stanley Historic District road, Riverwalk from the Wheel Bar to the Mall, Stanley Open Space, and the Lake Estes Hike/Bike Trail, Phase I. The Administrative Committee reviewed the recommended budget on the following dates: November 4, 1993 General Fund Museum Fund Conference Center Fund Special Events Fund Catastrophic Loss Fund Self-Funded Medical Insurance Fund Fleet Maintenance Fund Fire Pension Fund Police Pension Fund November 18, 1993 Light and Power Fund Water Fund Establishment of Light & Power and Water Enterprise Funds Expenditure Control Budget Policy Budget Highlights On November 23, 1993, the Town Board will hold a public hearing on the proposed budget. The budget process is always a significant undertaking for the Town Board and staff. It requires a great deal of work, coordination, cooperation, and communication. I wish to thank the Finance Officer, department heads, Town Administrator, and Finance Department staff for their efforts. .. 11 RESOLUTION TO SET MILL LEVIES A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1994, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 1994 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Estes Park will adopt the annual budget in accordance with the Local Government Budget Law on November 23, 1993; and WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $155,455; and WHEREAS, the 1993 net valuation for assessment for the Town of Estes Park as certified by the County Assessor is $50,488,737. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That for the purpose of meeting all general operating expenses of the Town of Estes Park during the 1994 budget year, there is hereby levied a tax of 3.079 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 1994. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Larimer County, Colorado, the milllevies for the Town of Estes Park as hereinabove determined and set. ADOPTED this 23rd day of November, 1993. Mayor ATTEST: Town Clerk iV RESOLUTION TO ADOPT BUDGET 4 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH FUND, AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE 1st DAY OF JANUARY, 1994, AND ENDING ON THE LAST DAY OF DECEMBER, 1994. WHEREAS, the Board of Trustees of the Town of Estes Park have appointed Gary F. Klaphake, Town Administrator, to prepare and submit a proposed budget to said government body at the proper time; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 23, 1993, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That estimated expenditures for each fund are as follows: General Fund ........... ... $ 6,554,307 Museum Fund ............. 156,485 Conference Center Fund ........ 449,279 Conservation Trust Fund ........ 42,370 Special Events Fund .......... 459,860 Light and Power Fund ......... 6,259,497 Water Fund ............... . 1,592,433 Self-Funded Medical Ins. Fund .... 150,500 Fleet Maintenance Fund ....... . 192,160 Firemen's Pension Fund . ....... 41,900 Policemen's Pension Fund . . . . . . . 6.588 TOTAL $15,905,379 V Section 2. That the estimated resources for each fund are as follows: General Fund: From unappropriated surpluses . . . . . . . . . . . . . $ 825,162 From sources other than general property tax ................... 6,400,911 From the general property tax levy ........................... 155.455 TOTAL GENERAL FUND $ 7,381,528 Museum Fund: 163,900 Conference Center Fund: 449,282 Conservation Trust Fund: 42,370 Special Events Fund: 462,286 Light and Power Fund: From unappropriated funds ........... 2,201,010 From other revenue sources .......... 6.286.443 TOTAL LIGHT & POWER FUND 8,487,453 Water Fund: From unappropriated funds ........... 2,439,047 From other revenue sources .......... 1.535.075 TOTAL WATER FUND 3,974,122 Catastrophic Loss Fund: 274,648 Self-Funded Medical Ins. Fund: 205,159 Fleet Maintenance Fund: 279,484 Firemen's Pension Fund: 574,193 Policemen's Pension Fund: 33.692 GRAND TOTAL $22,328,117 Vi Section 3. That the budget, as submitted, amended, and hereinabove summarized by fund, be and the same hereby is approved and adopted as the budget of the Town of Estes Park, Colorado, for the year stated above. Section 4. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. ADOPTED this 23rd day of November, 1993. Mayor ATTEST: Town Clerk Vii RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SETFORTH BELOW, FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE 1994 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law on November 23, 1993; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as setforth in said budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: THAT the following sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated: General Fund: Current Operating Expense ........... $ 6,244,307 Capital Outlay ................... 310.000 TOTAL GENERAL FUND ................. $ 6,554,307 Museum Fund: Current Operating Expense ........... 131,824 Capital Outlay ................... 24.661 TOTAL MUSEUM FUND ................. 156,485 Conference Center Fund: Current Operating Expense .......... ......... 449,279 Conservation Trust Fund: Capital Outlay 42,370 Special Events Fund: Current Operating Expense ........... 422,760 Capital Outlay ................... 37,100 TOTAL SPECIAL EVENTS FUND ............ 459,860 .. Light and Power Fund: Current Operating Expenses ........... 5,834,677 Capital Outlay 424.820 TOTAL LIGHT and POWER FUND ............. 6,259,497 Water Fund: Current Operating Expenses ........... 1,328,313 Capital Outlay 264.120 TOTAL WATER FUND 1,592,433 Self-Funded Medical Insurance Fund: Current Operating Expense .................... 150,500 Fleet Maintenance Fund: Current Operating Expenses . . 191,160 Capital Outlay 1,000 TOTAL FLEET MAINTENANCE FUND .......... 192,160 Firemen's Pension Fund: Current Pensions 41,900 Policemen's Pension Fund: Current Pensions 6.588 GRAND TOTAL $15,905,379 ADOPTED this 23rd day of November, 1993. Mayor ATTEST: Town Clerk RESOLUTION WHEREAS, the Board of Trustees believes that the TABOR amendment, by basing next year's spending levels on past year's expenditures, encourages a "spend it or lose it" attitude; and WHEREAS, the Board of Trustees desires to adopt a method of budgeting which will give every employee an incentive to save money; and WHEREAS, the Board of Trustees believes in empowering its employees in accordance with the public entrepreneurial management spirit and the principles of "Reinventing Government"; and WHEREAS, the Board of Trustees seeks to create a predictable environment for budgeting, including simplifying the budget process and giving its managers autonomy to respond to changing circumstances. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board hereby adopts the following Expenditure Control Budget Policy: 1. OPERATING BUDGET: Generally, the operating budget (total expenditures minus capital expenses) for each department or division will be set each year at the past year's level plus an allowance for inflation and growth. This level assumes the same level and mix of services is maintained, and may be adjusted for extraordinary circumstances by the Town Administrator. 2. LINE ITEM EXPENDITURES: Within each department or division's operating budget, the department head will be empowered to move expenditures between line items as necessary to respond to changing circumstances without prior approval from administration. The department head shall be responsible for the appropriateness of the line item changes and for the total expenditures remaining within the appropriation level. 3. SAVINGS GENERATED: Any savings generated within a department or division's operating budget during a calendar year shall be shown at year-end as a reserve, and may be spent by the department/division in subsequent years for any purpose consistent with the department/division mission except for additional personnel. Such expenditures shall be identified in subsequent year's budgets for record-keeping purposes. 4. EFFECTIVE DATE: This policy shall be in full force and effective on January 1, 1994, and shall be in effect for the 1994 and 1995 budget years. The Board may review and amend the policy at any time. INTRODUCED, READ AND PASSED THIS DAY OF , 1993. TOWN OF ESTES PARK By: Mayor ATTEST Town Clerk RESOLUTION WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, hereby finds, determines and declares that it is necessary and desirable to establish a light and power activity enterprise. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. The Board of Trustees of the Town of Estes Park, Colorado hereby establishes the Town of Estes Park-Light and Power Enterprise for fiscal year 1993 and thereafter until further action of the Board of Trustees. 2. The Light and Power Enterprise is established for the purpose of pursuing and continuing light and power activities for the Town of Estes Park, including but not limited to, acquisition of electrical power and energy, transmission and distribution of the same, and the construction, operation, repair and replacement of electric facilities. 3. The governing body of the Light and Power Enterprise shall be the Board of Trustees of the Town of Estes Park. 4. The Light and Power Enterprise shall be entitled to exercise all powers, authorities, rights and responsibilities which are exercisable by it in accordance with all applicable law. INTRODUCED, READ AND PASSED THIS DAY OF , 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk .. RESOLUTION WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, hereby finds, determines and declares that it is necessary and desirable to establish a water activity enterprise in accordance with Article 45.1 of Title 37, C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. The Board of Trustees of the Town of Estes Park, Colorado hereby establishes the Town of Estes Park-Water Enterprise for fiscal year 1993 and thereafter until further action of the Board of Trustees. 2. The Water Enterprise is established for the purpose of pursuing and continuing water activities for the Town of Estes Park, including but not limited to, water acquisition and water projects, and the construction, operation, repair and replacement of water facilities. 3. Pursuant to and in accordance with Article 45.1 of Title 37, C.R.S., the governing body of the Water Enterprise shall be the Board of Trustees of the Town of Estes Park. 4. The Water Enterprise shall be entitled to exercise all powers, authorities, rights and responsibilities which are exercisable by it in accordance with Article 45.1 of Title 37, C.R.S., and other applicable law. INTRODUCED, READ AND PASSED THIS DAY OF , 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk .. RESOLUTION WHEREAS, Amendment One (TABOR Amendment) to the State Constitution was approved by the electors of the State on November 3, 1992; and WHEREAS, Section 7(b) of the Amendment provides for spending limits that will not allow fiscal year spending in excess of spending in the prior year, subject to adjustments for inflation and local growth; and WHEREAS, Section 2(e) of the Amendment defines "fiscal year spending" to include all expenditures and reserve increases; and WHEREAS, the Town of Estes Park has unspent 1993 revenues and desires to fund from said revenues the Town's Reserve for Future Expenditures so that such reserves may be utilized in future fiscal years by the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. Any revenues not expended in fiscal year 1993 shall be deemed to be part of and included in the Reserve for Future Expenditures for the fiscal year 1993. 2. Any funds in the Reserve for Future Expenditures may be used for any lawful purpose. 3. The funds so reserved shall be considered a "reserve increase" and therefore, a part of 1993 "fiscal year spending" within the meaning of Article X, Section 20(2) (e) of the Colorado Constitution (TABOR Amendment). 4. Expenditures from the Reserve for the Future Expenditures shall be as directed by the Board of Trustees of the Town of Estes Park. INTRODUCED, READ AND PASSED THIS DAY OF , 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk IRAOFONOPUBLISHING.0 RECORD OF PROCEEDINGS Public Works Committee November 19, 1993 ~ Committee: Chairman Habecker, Trustees Doylen and Gillette Attending All Also Attending: Assistant Town Administrator Widmer, Trustee Dekker, Public Works Director Linnane, Water Superintendent Goehring, Deputy Clerk Kuehl Absent: None Chairman Habecker called the meeting to order at 10:10 A.M. BIKE PATH EXTENSION Director Linnane reported that $138,000 was budgeted for capital improvements during 1993 with $8,700 remaining. It was suggested ZA this money be used to continue the bike path from Matthew Circle to the school. The encumbrance of these funds would not affect the p budget. The Committee recommended the $8,700 remaining in the capital improvements budget be encumbered in 1993 to order to complete this project in 1994. * 1 BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS . 6 Planning Commission October 19, 1993 Commissioners: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller and Edward Pohl Attending: Chairman Sager, Commissioners Amos, Burgess, Miller, and Pohl Also Attending: Trustee/Liaison G. Hix, Community Development Director Stamey, Deputy Clerk Kuehl Absent: Commissioners A. Hix and Brown Chairman Sager called the meeting to order at 1:30 p.m. 1. MINUTES. Minutes of the September 21, 1993 meeting were approved as submitted. 2. SUBDIVISIONS. 2.a. Amended Plat. Lot 27 and a portion of Lot 28. Little 40. Prospect Mountain Addition. John Gibbs/Applicant. The proposed subdivision would move the internal lot line between Lots l,and 2 to the north allowing the flexibility to add onto the existing structure on Lot 1. Community Development Director Stamey reported that the subdivision meets the requirements of Title 16 and has no adverse impact on the neighborhood. Director Stamey requested that in order to track lots consistently, the lots be renamed 27-A and 28-A. There were rio comments from the audience. Finding that there are special circumstances or conditions affecting this property; that the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner; and that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title, it was moved and seconded (Pohl/Burgess) the Amended Plat, Lot 27 and portion of Lot 28, Little Prospect Mountain Addition be favorably recommended to the Board of Trustees, and it passed unanimously, on the condition that the lots' be renamed 27-A and 28-A. 3 -~IAL REVIEW. ial Review 93-3. Lot 6. Manford Addition..~ Doughertya~61,cant. The U-Haul truck/trailer-~ge and propane dispeTT9~ located near the inter~n of S. St. Vrain/Graves Avenu'~ The C-O Districlt5rovides that no principal use shall be9llayed outs.i,1~ a building except those uses approved thr~9lbsm/er-l review. The U-Haul facility began on this site-Al•e•..:his review, and the town has been seeking compliaul/T ApplidM*lg6-representative Kevin Kielb, Rocky Mountai~Monsultants, sliB~~ed the following information: ~ 7///A 1. Parkinal~V5 trucks (26', 24', and 14') and ailers Ci/F~ing auto transport) . V.- ~v Other cars situated on the lot will be moved as required.