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Home My WebLink AboutPACKET Town Board 1994-11-08k4 BOARD OF TRUSTEES - TOWN OF ESTES PARK .. Tuesday, November 8, 1994 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 October 25, 1994. 2. Bills. 3. Committee Minutes: A. Public Works, October 27, 1994. B. Community Development, November 3, 1994. C. Administrative Committee, November 3, 1994. 4. Replat of Lot 131, Al Fresco Place Addition, John Grace/Applicant - Continue to November 22, 1994. ACTION ITEMS: 1. Public Works Committee, October 27, 1994: A. Bureau of Reclamation Amended Water Contract - Approval. 2. Planning Commission: A. Public Hearing. Final Plat of Lot 6, Little Prospect Mountain Addition, Geraldine Kappely/Applicant. B. Public Hearing. Amended Plat of Lots 15, 16, & 17, Block 2, Town of Estes Park, Elizabeth Bowers/Applicant. C. Public Hearing. Amended Plat of Lot 11 and 12, Crags Subdivision, C. Franklin Hix/Applicant. 3. Museum Advisory Board Appointments: A. Susan Harris, 4-Yr. Term - Reappointment. Term expires 1/99. B. Correct term for David Steiner, from 2 years to 4 years, with term expiring 1/98. C. Judith Chandler, 4-Yr. Term, New Appointment. Term expires 1/99 (replaces Bill Koch). 4. Business License Ordinance -Amending fees for Home Occupation and Building Contractors. 5. Town Administrator's Report: A. Senior Center - Update. B. Status of Litigation - Town's Ballot Issue. Estes Park A aCK inc. 1 Parents and Community for Kids Is our community of Estes Park ripe for gang activity? What type of dress and behavior attract gang involvement? What are the warning signs that show gang activity is starting? What do gang signs, colors, graffiti, and language really mean? PaCK presents: A COMMUNITY AWARENESS WORKSHOP ON WEDNESDAY, NOVEMBER 16 7:00 TO 9:00 PM SALON F - CONFERENCE CENTER ESTES PARK, COLORADO The workshop will explore the growing problem of gang activity and how it has affected communities such as Denver, Ft. Collins, and Loveland, It will also inform the citizens of Estes Park what steps we can take as a community in order not to allow this type of behavior to become prevalent here. Organized gang activity is definitely a growing problem all across America. We need to be informed about how to protect our community and our children, This workshop is open to parents, teachers, community leaders, anyone interested in helping to solve this issue. It will be presented by the Larimer County Sheriff's Department and the Estes Park Police Department. A special thanks to the Holiday Inn for making this workshop possible. For more information, call 586-5422. P.O. Box 4708 Â· Estes Park. Colorado 80517 , Town of Estes Park, Larimer County, Colorado, . Qctobgr. 2.5 , . ., 19. 94. 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 . 25;h. . day of .... .094(*er., A.D., 19. ?4. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ................:........ H. B. Dannels Robert L. Dekker, Present: Mayor Trustees: Mayor ProTem Susan L. Doylen, Stephen W. Gillette, William J. Marshall, Gary F. Klaphake, Michael E. Miller Also Present: Town Administrator Gregory A. White, Town Attorney Vickie O'Connor Town Clerk Absent: J. Donald Pauley, Trustee Mayor Dannels called the meeting to order at 7:30 P.M. PUBLIC INPUT. Louis O'Riordan stated that, in his opinion, the "Vote Yes for our Kids" Committee (School Bond Issue) Report given at the October 11 Town Board meeting was unreliable. In addition, the group he represents is in favor of the Fire Department, particularly the proposed Fire Station. CONSENT CALENDAR: 1. Town Board minutes dated October 11, 1994. 2. Bills. 3. Committee Minutes: A. Administrative Committee, October 13, 1994. B. Planning Commission, October 18, 1994 (acknowledgement only). C. Public Safety, October 20, 1994. It was moved and seconded (Gillette/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. 1995 Organizational Chart. Town Administrator Klaphake presented the proposed organizational chart as recommended by the Administrative Committee. The chart contains three amendments, the most significant being the elimination of the formal Special Events Committee. Effective January, 1995, Special Events will present their monthly agenda items and reports to the Community Development Committee. This amendment does not diminish Special Events in any way. In addition, the Administrative Committee will become Town Board Study Sessions. It was moved and seconded (Dekker/Gillette) the 1995 Organizational Chart be approved, and it passed unanimously. 2. Fire Station Studv - Presentation. The Estes Park Fire Station Study was prepared and presented by Roger Thorp/Thorp Associates. A detailed report can be found in the Public Safety Minutes dated October 20, 1994. Mr. Thorp confirmed Board of Trustees - October 25, 1994 - Page 2 that: the price for asphalt work includes a portion along Manford Avenue and the rear of the building--it does not include paving of the 147 or 193-space parking lots; and landscaping pricing will buffer the site from Â· surrounding residential to the west. Administrator Klaphake confirmed that the funding time-period for the facility is anticipated to be three years; staff is working on the TABOR revenue calculations and this information will be available in the near future. Concerning the Stanley Park deed restrictions, Town Attorney White reported that this project does not ~ violate the "public purpose use" language. The Trustees expressed their appreciation to Mr. Thorp for the presentation. 3. Lake Estes Hike/Bike Trail - Award Bid. Public Works Director ~ Linnane reported that the bid award was being brought directly to the Town Board in lieu of the Public Works Committee due to the construction schedule. The funding agencies have ~ requested as much of the project be completed by December 31, 1994 as possible. State and Federal funding equates to 40% of I the project as follows: General Fund ................. $ 85,000 EPURA ........................ 65,000 EVRPD ........................ 50,000 Larimer County .. ............. 50,000 Conservation Trust Fund ...... 42,370 ISTEA (Federal Aid) .......... 180,200 Go Colorado (State Aid) ...... 20,000 Bids were received October 17, 1994 from six firms; the bids were verified through unit price extensions and corrected as necessary. The State Department of Transportation and Federal I Highway Administration could not concur with the award of the ~ construction contract to the low Â·bidder due to irregularities in the bidding process. A total of five deficiencies, two of which were "fatal", were reviewed by staff. Therefore, staff is recommending the bid be awarded to Mountain Constructors. References were verified. Available Town funding is $442,000, the bid amount was $425,942, and the contingency is $16,000. I Staff desires to issue the Notice of Award October 26, and the Notice to Proceed November 8. The project completion date is anticipated to be May 15, 1995. It was moved and seconded (Gillette/Marshall) the bid, in the amount of $425,942.00, be awarded to Mountain Constructors, and it passed unanimously. Director Linnane was commended for seeking and obtaining state and federal funding. 4. Town Administrator's Report: A. Cable Systems Franchise Tax Issue. Town Attorney White noted that Dick Pratt was not in attendance; however, he provided additional information on the franchise tax assessed by Cable Systems to its subscribers. Attorney White read a letter dated October 25, 1994 from Norman , Beecher, Counsel for the Greater Metro Cable Consortium. In summary, the Code of Federal Regulations, 47 C.F.R. Section 76.922(a), states: "The maximum monthly charge per subscriber for a tier of regulated programming services offered by a cable system shall consist of a permitted channel charge multiplied by the number of channels on the tier, plus a charge for the franchise fee. 47 C.F.R. Section 76.922(d)(2)(i) notes that, "external costs shall consist of costs in the following , categories: (B) Franchise fees." Therefore, franchise fees can be passed through directly to subscribers under FCC regulations and federal law. With regard to the actual wording on the cable bill which states "franchise tax", staff has suggested to CSI that the word tax be Board of Trustees - October 25, 1994 - Page 3 corrected to "fee." It is the Town's opinion, that this factual information addresses Mr. Pratt's concerns and, therefore, concludes this issue. Administrator Klaphake commented that the Town does not micro-manage PSCo nor CSI with regard to the Operating Agreements. Mayor Dannels commended counsel for his effort in clarifying both the Town's and CSI's position. Following completion of all agenda items, Mayor Dannels adjourned the meeting at 8:32 P.M. Mayor Town Clerk ....FOR/PUBLISHING.0 RECORD OF PROCEEDINGS Public Works Committee October 27, 1994 Committee: Chairman Gillette, Trustees Doylen and Miller Attending All Also Attending: Trustee Dekker, Public Works Director Linnane, Town Attorney White, Deputy Clerk Kuehl Absent: None Chairman Gillette called the meeting to order at 9:30 a.m. WEED CONTROL EVIA is encouraging the Town to take two actions regarding weed control: 1. Amend the Town code to require all commercial stables within the Town limits use only certified feed. 2. Designate a portion of the Town's seasonal beautification budget to weed control on both Town property and private property. Director Linnane acknowledged that requiring commercial stables within town limits to use only certified feed would cause an economic disadvantage to the one stable location affected because the state and county do not enforce similar requirements for stables outside town limits. In addition, enforcement of this requirement would be difficult. Linnane stressed that the town does have a weed control program for town property, including mowing of street right-of-ways and spraying and cutting weeds upon request. Each special request receives a follow up to determine action needed. Administrator Klaphake explained that the limited parks budget would require a level of service exchange from other areas if weed control is increased. And, expanding the weed control program would increase use of pesticides and that would bring into action other activists against such use. The Committee recommends the Town: (1) continue the present weed program and offer assistance to EVIA in furthering public awareness; and (2) not require the stable located within Town limits to use certified feed until such time that the county requires the same, but Town staff will advise the stable owners of the option of utilizing this feed for weed control purposes. REPORTS The Committee reviewed the Customer Service Response for September and the Monthly Water Reports for August and September. Director Linnane announced that future reports will include department operations updates and that future field trips will be scheduled. The November Public Works Committee meeting has been canceled due to the Thanksgiving Holiday. Director Linnane recognized the work of the Parks Department employees who exceeded expectations under a reduced work force and the increased maintenance of aging parks. Director Linnane commended the Bureau of Reclamation, Rocky Mountain Consultants, EVRPD, Larimer County, EPURA, the Corps of Engineers, CDOT, GOCO, and Bob Joseph for their efforts in laying BRA'FORIPUBLISHING.0 RECORD OF PROCEEDINGS Public Works Committee, October 27, 1994 - Page 2 the groundwork for the Lake Estes Hike/Bike Path. The start date for construction of the path from the Chamber to the Marina is November 8th, with completion of bridges and dirt trail by December 31st. Concrete will be placed by May 15, 1995. Installation of the boxes and dirt pull offs for Neighborhood Mail Delivery Phase II is expected to be complete in November and mail delivery may start prior to Christmas; paving will be done in the spring. Following completion of all agenda items, staff requested the Committee enter Executive Session to discuss contract negotiations with the Town Attorney. Committee consensus was reached to enter Executive Session, and Chairman Gillette adjourned the meeting at 10:00 a.m. Chairman Gillette reconvened the meeting at 11:15 a.m. The Committee recommends the Board of Trustees approve the amended water contract with the Bureau of Reclamation. Director Linnane will brief the Town Board on the proposed Bureau of Reclamation amended water agreement prior to the next Board meeting. The meeting adjourned at 11:25 a.m. -TL_ CRQ Tina Kuehl, Deputy Town Clerk BRADFOROPUSLISHING.0 RECORD OF PROCEEDINGS Public Works Committee October 27, 1994 Committee: Chairman Gillette, Trustees Doylen and Miller Attending All Also Attending: Trustee Dekker, Public Works Director Linnane, Town Attorney White, Deputy Clerk Kuehl Absent: None Chairman Gillette called the meeting to order at 9:30 a.m. WEED CONTROL EVIA is encouraging the Town to take two actions regarding weed control: 1. Amend the Town code to require all commercial stables within the Town limits use only certified feed. 2. Designate a portion of the Town's seasonal beautification budget to weed control on both Town property and private property. Director Linnane acknowledged that requiring commercial stables within town limits to use only certified feed would cause an economic disadvantage to the one stable location affected because the state and county do not enforce similar requirements for stables outside town limits. In addition, enforcement of this requirement would be difficult. Linnane stressed that the town does have a weed control program for town property, including mowing of street right-of-ways and spraying and cutting weeds upon request. Each special request receives a follow up to determine action needed. Administrator Klaphake explained that the limited parks budget would require a level of service exchange from other areas if weed control is increased. And, expanding the weed control program would increase use of pesticides and that would bring into action other activists against such use. The Committee recommends the Town: (1) continue the present weed program and offer assistance to EVIA in furthering public awareness; and (2) not require the stable located within Town limits to use certified feed until such time that the county requires the same, but Town staff will advise the stable owners of the option of utilizing this feed for weed control purposes. REPORTS The Committee reviewed the Customer Service Response for September and the Monthly Water Reports for August and September. Director Linnane announced that future reports will include department operations updates and that future field trips will be scheduled. The November Public Works Committee meeting has been canceled due to the Thanksgiving Holiday. Director Linnane recognized the work of the Parks Department employees who exceeded expectations under a reduced work force and the increased maintenance of aging parks. Director Linnane commended the Bureau of Reclamation, Rocky Mountain Consultants, EVRPD, Larimer County, EPURA, the Corps of Engineers, CDOT, GOCO, and Bob Joseph for their efforts in laying BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee, October 27, 1994 - Page 2 ' the groundwork for the Lake Estes Hike/Bike Path. The start date for construction of the path from the Chamber to the Marina is November 8th, with completion of bridges and dirt trail by December 31st. Concrete will be placed by May 15, 1995. Installation of the boxes and dirt pull offs for Neighborhood Mail Delivery Phase II is expected to be complete in November and mail delivery may start prior to Christmas; paving will be done in the spring. Following completion of all agenda items, staff requested the Committee enter Executive Session to discuss contract negotiations with the Town Attorney. Committee consensus was reached to enter Executive Session, and Chairman Gillette adjourned the meeting at 10:00 a.m. Chairman Gillette reconvened the meeting at 11:15 a.m. The Committee recommends the Board of Trustees approve the amended water contract with the Bureau of Reclamation. Director Linnane will brief the Town Board on the proposed Bureau of Reclamation amended water agreement prior to the next Board meeting. The meeting adjourned at 11:25 a.m. -TE-o_ K u..92 Tina Kuehl, Deputy Town Clerk BRADFOR/PUILISHING.0 RECORD OF PROCEEDINGS Community Development Committee November 3, 1994 Committee: Chairman Doylen, Trustees Dekker and Pauley Attending: All Also Attending: Community Development Director Stamey, Advertising Manager Marsh, Museum Director Kilsdonk, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:04 A.M. 1994 ADVERTISING REPORT. As of the end of October, packet requests are 15% over the same period in 1993, and as of the end of September, the 800-line incoming calls continue at 26.4% over the same period in 1993. The supply of 1994 Visitors Guides was depleted by late October. Callers have been advised that the Chamber will send the 1995 Guide in mid-December. Tourism Industry Association Fall Conference - Update. (1) An 800 line (1-800-COLORADO) is now being answered and is funded by a state collective of visitors bureaus, resort associations, and chambers around the state. (2) The 1995 Official State Vacation Guide will be published by the Colorado Hotel & Lodging Association in conjunction with their Accommodations Guide. 400,000 copies will be printed, with 200,000 reserved for the 800 number. 100,000 copies will be distributed to the Denver Airport, and 100,000 will go to Welcome Centers and Chambers. The Town will participate with the Front Range Region's 2-page 4-color spread. (3) The initial Colorado Travel & Tourism Authority will be seated by the end of February, 1995. Nominations will be taken in November from members of the food service, lodging, attractions, transportation, and recreation industries. The Authority will structure and conduct the balloting for creation and funding of the Authority. Christmas Parade Insert. The sample insert was presented, and it is scheduled for front-range newspapers on November 13. 1995 Chamber of Commerce Fulfillment Agreement. The Committee reviewed the Agreement which has been amended by acknowledging that the A-C Book Committee is assuming all postage costs for mailing of the Visitors Guide; includes a requirement that a rate study be completed by August, 1995; and a 3% increase. Staff clarified that the Town would be agreeing to the rate increase, not the quantities identified on Page 11. In addition, the $20,000* Town expenditure formerly expended on postage for the Visitors Guide will be allocated toward media programs. The Committee recommends approval of the 1995 Fulfillment Agreement, which is to be presented to the Town Board at their meeting November 22, 1994. Internet/1995 Visitors Guide. Lee Lasson/On-Line Consulting has proposed to test the commercial effectiveness of an electronic Visitors Guide on the Internet for a year at no charge. The test will be staged with regional exposure first, then followed with national exposure by mid-May. Staff is working on the development of the proposal and obtaining production rights from all affected parties. The new Open All Year ad is scheduled to run in the Denver Post and Rocky Mountain News December 9 and 14. This is the first such ad BRADFOR[PUBLIMM Co. RECORD OF PROCEEDINGS Community Development Committee - November 3, 1994 - Page 2 to use shopping in Estes Park as its theme. MUSEUM REPORT. Outreach. On October 7, the Museum co-sponsored a reception with CACEP celebrating National Arts and Humanities Month. Fifty persons attended. The Museum Friends Annual Meeting held October 14 attracted 89 persons. A slide lecture by Dorothy Dines, author of The Art of Charles Partridge Adams was featured. On November 5, the Museum will sponsor a repeat of a popular workshop by Bev Lawrence entitled "Preserving Your Family History." The workshop, which teaches participants how to both safely preserve and creatively present their family photographs, will take place at the Library. Exhibits. The Museum is closed until November 25, when they will open the Christmas Exhibit featuring model trains loaned from the Estes Valley Model Railroaders and other members of the community. Related programming includes a free open house on December 10 and 11, and a program in the Municipal Building Room 203 on December 15. Collections. Curator John Carr conducted a tour of the Museum's storage facility at the former Light & Power storage facility for the Town Board, Department Heads, and Friends of the Museum Board Members on October 5. During the tour, Carr described improvements in materials, monitoring, organization and care made over the past three years with funding obtained from a federal grant. There being no further business, Chairman Doylen adjourned the meeting at 8:31 A.M. -0 'U- a ' (3.0 Vickie O'Connor, CMC, Town Clerk BRADFORD PUILISHING CO. RECORD OF PROCEEDINGS Administrative Committee November 3, 1994 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Mayor Dannels, Trustees Dekker, Doylen, Gillette, Marshall, Miller and Pauley Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Finance Officer Vavra, Department Heads Hinze, Kilsdonk, Linnane, Matzke, O'Connor and Stamey Absent: None Chairman Dannels called the meeting to order at 9:05 A.M. 1995 BUDGET UPDATE - REVIEW CHANGES. Administrator Klaphake noted that copies of the Proposed 1995 Budget Executive Summary were available for the audience, and that in this meeting all funds except Light & Power and Water (Enterprise Funds) would be reviewed. The Administrative Committee scheduled November 17 will review the Enterprise Funds and TABOR compliance. Public comment will be accepted at both meetings. The 1995 Budget includes the growth allowed under TABOR (assumption calculated at 44%); it does not include revenue increases such as new taxes or fees. Staff has withdrawn their request for one additional Parks employee, and will attempt to privatize a portion (peak loading). If this solution proves unsuccessful, this will warrant an adjustment to the seasonal hourly rates. Due to the workload, funding for an additional full-time Police Dispatch position is being included. The proposed budget earlier contained a 4.5% increase for insurance, salaries, etc. - this figure has now been decreased to 3.5% which equates to a $37,000 reduction in the budget. 1994 BUDGET - REVIEW FUNDS. Ass't. Administrator Widmer and Finance Officer Vavra presented and reviewed the Executive Summary for the 1995 Budget as follows: General Fund Special Revenue Funds (Museum, Conference Center, Conservation Trust and Special Events). Internal Service Funds (Catastrophic Loss, Self-Funding Medical Insurance, and Fleet Maintenance). Trust Funds (Fire and Police Pension Funds). PUBLIC COMMENT. Sally Anderson/Vice President of CACEP. The $17,000 funding request will be expended as follows: $13,000 for general operating support (4% increase) and $4,000 for "re-gifting" to various local arts groups for programming. CACEP will be held accountable for expenditure of these funds. Cooperation with the various arts groups is outstanding as verified by the "Imagine This" event held in February, and CACEP continues to clarify their mission, ensuring that they are not in competition with the private sector. BRA'FORD.U.LISHING.0 RECORD OF PROCEEDINGS Administrative Committee - November 3, 1994 - Page 2 Louis O'Riordan. Opposed to any CACEP funding based upon those who may be destitute (contributions given by way of paying local sales tax). Lou Canaiy. Questioned and received a clarification on the Water Budget which will be presented November 17. Tom Hall/Chamber Board Member & Accommodations Association Member. The Advertising Budget provides "seed money" for all involved in tourism. Other Colorado areas are' extensively marketing in an effort to gain Estes Park's market--it is very important that the advertising funding not be eliminated and at least maintained. Jeff Barker, President/Accommodations Association. Mr. Barker read a prepared statement that, in summary, commented on the "quality of life in Estes Park", how the 2% sales tax was voted on and passed in 1981 and how it related to the promotion of the Town; the Association can't and won't stand for the elimination of the Advertizing Budget, and requested the Trustees approve a 4% increase in said budget. Vivian Moyers. Reported she had a letter from the Legal Department of the Postmaster General' s Office stating , that merchants are entitled to mail delivery. Staff reviewed the mail delivery cluster box project, and requested a copy of the letter. Staff will contact the Estes Park Postmaster and place this specific item on a Public Works Committee agenda. Ms. Moyers was in favor of the Lake Estes Hike/Bike Trail and commented on her request to Larimer County concerning the demolition of the former drive-in theater projection screen. Sue Lamb/Skyline Cottages. Ms. Lamb is a member of the A-C Book Committee and she made the Trustees aware that the A-C Book Committee has assumed the financial responsibility of postage of the Visitors Guide which should be viewed as a "gift", and she urged the Trustees not delete the Advertising Budget. Louis O'Riordan. Mr. O'Riordan stated that following the November 8th election, his group will submit a petition for the elimination of sales tax on food. In addition, those that own businesses should pay for their own advertising. Cory Blackman, Chairman/A-C Book Committee, Chamber and Accommodations Member. Mr. Blackman commented on the valuable role provided by those merchants residing outside Town Limits, particularly Tom Hall. Lou Canaiy. Saluted Trustee Miller for his recent Letter to the Editor and took exception to Trustee Miller's stance on advertising. Without advertising, the Town would collapse. Tourism has made Estes Park--the budget should not be eliminated, it should be increased. Gerri Ramsey/Mountain Zoo Toy Store. Other Colorado resort communities are attracting Estes Park's market; "without sales tax dollars, the Town would be in great trouble." Paul Holgerson/Stage Western. This business began in 1958; his advertising budget is $20,000 and he now has enlarged to become a large business, and he employs people on a full-time basis. The Town needs to increase the Advertising Budget and proceed. Mike Wallace/Blackhawk Lodges. He purchased his business in 1988 when there were no guests nor advertising. Today, he has full-time employees and business is very profitable--this has been BRADFORO PUBLISHING CO. RECORD OF PROCEEDINGS Administrative Committee - November 3, 1994 - Page 3 accomplished by advertising. Bill Warren/Inn at Estes Park. Did not agree with Trustee Miller's opinion on advertising. Retail businesses have no guarantee that their venture will survive; urged the Advertising Budget not be eliminated. Mary Ann Pool/Romance of the Rockies. Competition is very high for the Estes Park market; and less important items in the budget could be deleted and those funds allocated toward advertising. Administrator Klaphake clarified the "food tax refund" project stating that applicants must meet specified criteria. If refunds for approved applicants exceed the budgeted amount ($10,000) the excess will be expended from the Contingency Fund--qualified applicants will not be refused a refund. Administrator Klaphake also clarified that staff has proposed "holding the line" in the Advertising Budget--proponents are seeking an approximate $20-25,000 increase for 1995. Jeff Barker reiterated his comments on the quality of life adding, "let's bring the community back together and not divide it." There being no further business, Chairman Dannels adjourned the meeting at 10:45 A.M. ~/4 6(1 ---7, L. t->Â·Â·Â·PU-t' , Vickie O'Connor, CMC, Town Clerk 8â€¢.O,0.0 U.LISHING co. RECORD OF PROCEEDINGS Public Works Committee, October 27, 1994 - Page 2 Zh~aroundwork for the Lake Estes Hike/Bike Path. The star~dâ‚¬18 for 26~truction of the path from the Chamber to the-,JAirina is Novembe 244,h, with completion o f bridges and dirt U~eÂ¥~B y December 31st. conci'~e will be placed by May 15, 19&Witi"'- . Installation of th24fxes and dirt-21,&â‚¬-Effs for Neighborhood Mail Delivery Phase II is a,ected -70Ee complete in November -and mail delivery may start priorl~istmas; paving will be done in the spring. Following celpâ€¢Wfion of all agenda 1*Its, staff requested the Committee aâ€¢ter Executive Session to disct]2~tract negotiations with tjtfown Attorney. Committee consensus ,iNAqeached to enter Exeg*five Session, and Chairman Gillette adjourned-the.meeting at ,@,bo a.m. Chairman Gillette reconvened the meeting at 11:15 a.m. The Committee recommends the Board of Trustees approve the amended LiP water contract with the Bureau o f Reclamation. Director Linnane will brief the Town Board on the proposed Bureau of Reclamation amended water agreement prior to the next Board meeting. The meeting adjourned at 11:25 a.m. -TE- K# RQ Tina Kuehl, Deputy Town Clerk Contract No. 4-07-60-W1075 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Colorado-Big Thompson Project, Colorado AMENDATORY CONTRACT BETWEEN THE UNITED STATES AND THE TOWN OF ESTES PARK FOR INTERCONNECTION OF WATER SYSTEMS THIS AMENDATORY CONTRACT, made this day of , 19 , pursuant to the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereto and supplementary thereof, particularly the Act of August 9, 1937 (50 Stat. 564, 592, 595), hereinafter referred to as the Federal Reclamation Laws, between THE UNITED STATES OF AMERICA, hereinafter referred to as the "United States," represented by the Contracting Officer executing this Contract, and the TOWN OF ESTES PARK, a municipal corporation organized and existing under the laws of the State of Colorado, hereinafter referred to as the "Town" or "Contractor." WITNESSETH: WHEREAS, the following statements are made in explanation: EXPLANATORY RECITALS 1. The United States has constructed the Colorado-Big Thompson Project in the State of Colorado, for the development and use of the waters of the Colorado and Big Thompson Rivers for irrigation, municipal, industrial, hydropower generation, and other beneficial purposes. 2. The United States and the Town have entered into Contract No.0-07-70- W0021 (formerly I2r-11555) dated November 6, 1939, Contract No. 14-06-700-6855, dated October 12, 1970, and Contract No. 7-07-70-W0120 (formerly 14-06-700-8488) dated September 24, 1976, as amended September 8, 1977, hereinafter referred to as the "existing contracts," relating to the United States furnishing the Town 500 acre-feet of municipal water annually; construction of a water delivery connection to the Town's water system at the Estes Powerplant Penstocks for delivery of the 500 acre-feet of water; payments to be made by the Town in connection therewith; the Town furnishing the United States domestic water service for its Federal project facilities; the respective related facilities to be constructed, operated and maintained by the United States and the Town; fire protection to be provided the United States by the Town; perpetual easements to be furnished by the Town for facilities to be constructed by the United States; proposed modifications to Federal project facilities for the future relocation of the point of connection for the Town's municipal water system; and other related terms, conditions and provisions as set forth therein. 3. As provided in the existing contracts, in anticipation of future water deliveries, the Town has constructed and now desires to operate a second connection for its municipal water system at the Mary's Lake Powerplant Gatehouse structure and, to continue to utilize its original connection at the Estes Powerplant Penstocks. 4. Since execution of the existing contracts, circumstances relative to the interconnection of the Town's water system, furnishing of rights-of-way for construction of Project facilities, the furnishing of fire protection and 2 domestic water service to Project facilities, and other provisions set forth in the existing contracts have changed and the parties now desire to consolidate, supersede and replace the existing contracts. 5. It is the purpose of this Amendatory Contract to: (1) reflect completion of construction of the Colorado-Big Thompson Project facilities; (2) recognize that construction of the connection to the Town's water system at the , Mary's Lake Gatehouse, as contemplated by the existing contracts, has been completed; (3) provide for the Town's continued use of its existing connection at the Estes Powerplant Penstocks; (4) provide for payments for power interference for the Town's water system connection at the Mary's Lake Gatehouse; (5) delete the existing provision requiring the Town to furnish domestic water service to Project facilities and recognize that the United States has obtained domestic water service as a municipal customer of the Town on the same terms and conditions and at the same rates as its other municipal customers; (6) delete the provision concerning the Town furnishing of fire protection to Project facilities and allow such protection to be provided under the Town's applicable policies and procedures for furnishing such protection; and, (7) delete, amend, or modify provisions in the existing contracts, or include additional provisions in this Amendatory Contract, as necessary, to reflect current operational circumstances and contractual developments which have occurred since execution of the existing contracts. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, it is hereby agreed: 3 DEFINITIONS 1. Where used in this Contract, unless otherwise expressed or incompatible with the intent hereof, the term: a. "Secretary" shall mean the Secretary of the Interior" or his duly authorized representative. b. "Contracting Officer" shall mean the Secretary of the Interior or his duly authorized representative. c. "Project" shall mean the Colorado-Big Thompson Project, Colorado. d. "Year" shall mean the period beginning on January 1 and ending on the following December 31. e. "Annual Water Supply" shall mean the 500 acre-feet of municipal water the Town receives during the 12-month period November 1 through October 31 from the Project facilities in accordance with Article 25 of Contract No. 9-07- 70-W0020 between the United States and the Northern Colorado Water Conservancy District. f. "Water Supply System" shall mean the facil ities owned, operated, and maintained by the Town for delivery of municipal water. 4 g. "Operation and Maintenance (0&M) Costs" shall mean the expenditures incurred in the operation and maintenance of the Project facilities to the extent and for the purposes for which it was originally authorized and constructed. h. "Replacement Costs" shall mean the expenditures required to remedy the conditions brought about by the ordinary use of the Project facilities or to restore or replace components of the existing Project but shall not include expenditures to expand or increase the purposes for which the Project was authorized and constructed. i . "Annual OM&R" shall mean the operation and maintenance and replacement during the 12-month period October 1 through September 30. SCOPE 2. The existing contracts are hereby replaced in their entirety by this Amendatory Contract. TERM OF CONTRACT 3. a. This Amendatory Contract becomes effective on the date of execution and shall remain in effect for a period of 25 years thereafter unless terminated sooner in accordance with the provisions of Article 9. 5 b. The contractor shall have the option to renew this contract for an additional term of 25 years by written request to the contracting officer two (2) years prior to expiration of this contract and mutual agreement of the parties hereto. Prior to renewal of this contract, all terms and conditions, excluding the Annual Water Supply as defined in Article 1.e. will be renegotiated by the parties hereto subject to applicable Federal and State laws and Reclamation policy in effect or as established by the Secretary of the Interior at that time. DELIVERY OF TOWNS WATER SUPPLY 4. a. The Annual Water Supply provided to the town pursuant to this contract shall be delivered at the points of connection located at the Estes Powerplant penstocks or the Marys Lake Powerplant Gatehouse, at such times and flow rates requested by the Town, and shall be measured by the Town utilizing equipment owned, operated, and maintained by the Town. Such delivery shall be limited by the capacity of the water supply cohnections and the Town's Water Supply System. b. The United States will not be responsible for the control, carriage, use, handling, or distribution of water delivered to the Town beyond the points of delivery and the Town shall hold theÂ· United States harmless from and against all claims, demands, and causes of action on account of property damage, personal injury, or death resulting from the control, carriage, use, handling, or distribution of water delivered to the Town. The parties to this 6 agreement understand and agree that the Town is relying on, does not waive, by any provisions of this agreement, the monetary limitation or terms, or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et seq., C.R.S., as from time to time amended or otherwise available to the Town or any of its officers, agents, or employees. c. The Town will not be responsible for the storage, carriage, or delivery of water or in the operation and maintenance of the project facilities and the United States shall protect, indemnify and hold the Town harmless from and against all claims, demands and causes of action of any nature whatsoever resulting from or in any manner connected with the storage, carriage, or delivery of water in or the operation and maintenance of the Project facilities within the limits of the Federal Tort Claims Act (28 U.S.C. 2671-2680). PAYMENTS FOR WATER SUPPLY 5. The Town shall pay the United States the following charges for the annual water supply to be furnished hereunder: a. The Town's 40-year construction cost repayment obligation to the United States for the Annual Water Supply furnished pursuant to this Contract was complete on December 31, 1992. , b. A charge for power interference as follows: (1) for each acre- foot of the Annual Water Supply diverted at the Estes Powerplant Penstocks, said 7 charge shall be the product of the energy component of the Loveland Area Power Rate of the Western Area Power Administration and the average kwh per acre-foot as determined by the Contracting Officer for power generation at the Estes, Pole Hill, and Flatiron Powerplants, and (2) for each acre-foot of the annual water supply diverted at Mary's Lake Powerplant Gatehouse, said charge shall be the product of the energy component of the Loveland Area Power Rate of the Western Area Power Administration and the average kwh per acre-foot as determined by the Contracting Officer for power generation at the Mary's Lake, Estes, Pole Hill, and Flatiron Powerplants. c. A proportionate share of the actual Annual OM&R costs of the Project's joint facilities used to provide, store, carry, or deliver the Town's Annual Water Supply. Said facilities shall include Green Mountain Dam and Reservoir; Granby Dam and Reservoir, Granby Pumping Plant, and Granby Pump Canal; Willow Creek Dam and Reservoir, Willow Creek Pumping Plant, and Willow Creek Canal; Shadow Mountain Dam and Reservoir; Alva B. Adams Tunnel; East Portal Reservoir; Aspen Creek Siphon; and Ram's Horn Tunnel. The Annual OM&R charge shall be the product of one-half the Annual OM&R costs for the facilities listed above divided by the total amount (acre-feet) of water conveyed through the Alva B. Adams Tunnel during the 12-month period of November 1 through October 31 and the Annual Water Supply (1 [Tot OM&R + Tot AF x 500 AF]). The Annual OM&R charges will be based on estimates furnished by the Contracting Officer. In the event the estimated Annual OM&R costs are less than the actual Annual OM&R cost, or whenever it is determined by the Contracting Officer that a deficit will occur in the Annual OM&R, the Contracting Officer may bill the Town for additional payment for the amount of the deficiency. In the event the estimated Annual OM&R 8 . costs exceed the actual Annual OM&R costs, the excess will be carried forward and applied as a credit to the next Annual OM&R payment. d. The annual payments required herein shall become due and payable on or before December 31 of each year of the term of this Amendatory Contract. e. Payments shall be made to a certain bank by a medium specified by the Contracting Officer, or by check to a certain lock box, or by wire transfer to the United States Treasury, or to such other locations and by such other methods as the Contracting Officer may specify and as are readily available to the Town for its use. OPERATION AND MAINTENANCE OF WATER SUPPLY WORKS 6. a. Notwithstanding that all works constructed on the Estes Powerplant penstocks and on United States right-of-way including all valves, meters, meter vault, and pipeline, except all pipelines beyond the meter vault, shall be and remain a part of the Project works, the Town shall be responsible for operation, maintenance, and replacement of such works at the sole expense of the Town. b. Notwithstanding that the water tap outlet at the Mary's Lake Gatehouse, including a 24-inch-diameter steel sleeve, flanges, bolts, gaskets, and regulating valve, shall be and remain a part of the Project works, the Town shall be responsible for operation, maintenance, and replacement of such works at the sole expense of the Town. 9 p . RIGHT-OF-WAY EASEMENTS 7. The Town has granted perpetual right-of-way easements to the United States for construction of Project facilities and all contemplated construction has been completed by the United States. The United States shall have the right to continued perpetual use of such right-of-way easements until they are formally relinquished or abandoned by the United States. WATER SHORTAGES OR INTERRUPTIONS IN SERVICE 8. The Contracting Officer will use all reasonable means to prevent a condition of shortage or interruption in the Annual Water Supply available to the Town. However, should shortages or interruptions occur, in no event shall any liability accrue against the United States or any of its officers, agents, or employees for any damage, direct or indirect, arising out of such shortages or interruptions. The United States will periodically provide a copy of the schedule for water conveyance through the Alva B. Adams Tunnel to the Town and notify the Town, by telephone, of any unscheduled operational interruptions or outages that may exceed three (3) consecutive days. 10 TERMINATION OF CONTRACT 9. a. This Amendatory Contract may be terminated at any time by mutual agreement of the Parties hereto. b. The Town may terminate this Amendatory Contract on December 31 of any year by giving written notice to the Contracting Officer at least 60 days prior to that date. c. This Amendatory Contract may be terminated and the Annual Water , Supply provided hereunder shall cease at the option of the United States upon failure of the Town to make payments as required by this Amendatory Contract, or upon failure to abide by any lawful notice, order, or final administrative or judicial determination that the Town has violated a rule or regulation of the United States or the State of Colorado directly relating to and affecting the Annual Water Supply provided hereunder; Except, that this Amendatory Contract may not be terminated unless such failure continues 60 days after the United States gives the Town written notice of such failure. ENVIRONMENTAL COMPLIANCE 10. Compliance with the National Environmental Policy Act (NEPA) for this Amendatory Contract is documented by an Environmental Assessment (EA No. E-400- 90-3) and a Findings of No Significant Impact (FONSI No. E-400-90-3). 11 - ASSIGNMENT OF CONTRACT 11. No assignment or transfer of this Amendatory Contract or any rights or interests herein shall be valid until approved in writing by the Contracting Officer. NOTICES 12. Any notice, demand, or request authorized or required by this Amendatory Contract shall be deemed to have been given on behalf of the Town when mailed postage paid or delivered to the Regional Director, Great Plains Region, Bureau of Reclamation, P.O. Box 36900, Billings, Montana 59107-6900, and on behalf of the United States when mailed postage prepaid or delivered to the Town Administrator, Town of Estes Park, P.O. Box 1200, Estes Park, Colorado 80517. STANDARD CONTRACT ARTICLES 13. The standard contract articles applicable to this Amendatory Contract are listed below. The full text of these standard articles is attached as Exhibit A and is hereby made a part of this Amendatory Contract by this reference. A. Charges for Delinquent Payments B. General Obligation--Benefits Conditioned Upon Payment 12 C. Contingent on Appropriation or Allotment of Funds D. Officials not to Benefit E. Books, Records, and Reports F. Rules, Regulations, and Determinations G. Quality of Water H. Water and Air Pollution Control I. Water Conservation J. Equal Opportunity K. Compliance With Civil Rights Laws and Regulations L. Uncontrollable Forces 13 IN WITNESS WHEREOF, the parties hereto have executed this contract supplement as of the day and year first above written. THE UNITED STATES OF AMERICA By. Regional Director Great Plains Region Bureau of Reclamation TOWN OF ESTES PARK By Title NORTHERN COLORADO WATER CONSERVANCY DISTRICT By Title 14 ACKNOWLEDGEMENT STATE OF ) ) SS. COUNTY OF ) On , 19-, before me, appeared , the person(s) whose name(s) (is)(are) subscribed to the within instrument and known to me to have executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year in this acknowledgment first above written. (SEAL) Notary Public My commission expires: 15 EXHIBIT A Contract No. 4-07-60-W1075 STANDARD ARTICLES A. CHARGES FOR DELINQUENT PAYMENTS 1. The Contractor shall be subject to interest, administrative and penalty charges on delinquent installments or payments. When a payment is not received by the due date, the Contractor shall pay an interest charge for each day the payment is delinquent beyond the due date. When a payment becomes 60 days delinquent, the Contractor shall pay an administrative charge to cover additional costs of billing and processing the delinquent payment. When a payment is delinquent 90 days or more, the Contractor shall pay an additional penalty charge of 6 percent per year for each day the payment is delinquent beyond the due date. Further, the Contractor shall pay any fees incurred for debt collection services associated with a delinquent payment. 2. The interest charge rate shall be the greater of the rate prescribed quarterly in the Federal Register by the Department of the Treasury for application to overdue payments, or the interest rate of 0.5 percent per month prescribed by section 6 of the Reclamation Project Act of 1939 (Public Law 76- 260). The interest charge rate shall be determined as of the due date and remain fixed for the duration of the delinquent period. 3. When a partial payment on a delinquent account is received, the amount received shall be applied, first to the penalty, second to the administrative charges, third to the accrued interest, and finally to the overdue payment. B. GENERAL OBLIGATION--BENEFITS CONDITIONED UPON PAYMENT - 1. The obligation of the Contractor to pay the United States as provided in this contract is a general obligation of the Contractor notwithstanding the manner in which the obligation may be distributed among the Contractor's water users and notwithstanding the default of the individual water users in their obligations to the Contractor. 2. The payment of charges becoming due hereunder is a condition precedent to receiving benefits under this contract. No water will be made available to the Contractor from project facilities during any period in which the Contractor may be in arrears in the advance payment of any operation and maintenance charges due the United States or in arrears for more than 12 months in the payment of any water rates due the United States. The Contractor shall not furnish water made available pursuant to this contract for lands or parties which are in arrears in the advance payment of operation and maintenance or toll charges or in arrears more than 12 months in the payment of water rates as levied or established by the Contractor. A-1 C. CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS The expenditure or advance of any money or the performance of any obligation of the United States under this contract shall be contingent upon appropriation or allotment of funds. Absence of appropriation or allotment of funds shall not relieve the Contractor from any obligations under this contract. No liability shall accrue to the United States in case funds are not appropriated or allotted. D. OFFICIALS NOT TO BENEFIT No Member of or Delegate to Congress, Resident Commissioner, or official of the Contractor shall benefit from this contract other than as a water user or landowner in same manner as other water users or landowners. E. BOOKS, RECORDS, AND REPORTS The Contractor shall establish and maintain accounts and other books and records pertaining to administration of the terms and conditidns of this contract, including: the Contractor's financial transactions, water supply data, project operation, maintenance and replacement logs, and project land and right-of-way use agreements; water-use data; and other matters that the Contracting Officer may require. Reports thereon shall be furnished to the Contracting Officer in such form and on such date or dates as the Contracting Officer may require. Subject to applicable Federal laws and regulations, each party to this contract shall have the right during office hours to examine and make copies of each other party's books and records relating to matters covered by the contract. F. RULES, REGULATIONS, AND DETERMINATIONS 1. The parties agree that the delivery of water or the use of Federal facilities pursuant to this contract is subject to Reclamation law, as amended and supplemented, and the rules and regulations promulgated by the Secretary of the Interior under Reclamation law. 2. The Contracting Officer shall have the right to make determinations necessary to administer this contract that are consistent with the expressed and implied provisions of this contract, the laws of the United States and the State, and the rules and regulations promulgated by the Secretary of the Interior. Such determinations shall be made in consultation with the Contractor. G. QUALITY OF WATER The operation and maintenance of project facilities shall be performed in such manner as is practicable to maintain the quality of raw water made available through such facilities at the highest level reasonably attainable, as determined by the Contracting Officer. The United States does not warrant the quality of water and is under no obligation to construct or furnish water treatment facilities to maintain or better the quality of water. A-2 H. WATER AND AIR POLLUTION CONTROL The Contractor, in carrying out this contract, shall comply with all applicable water and air pollution laws and regulations of the United States and the State of Colorado, and shall obtain all required permits or licenses from the appropriate Federal, State, or local authorities. I. WATER CONSERVATION Within 18 months of the delivery of water provided from or conveyed through federally constructed or federally financed facilities pursuant to this contract, the Contractor shall develop an effective water conservation program acceptable to the Contracting Officer. The water conservat'ion program shall contain definite water conservation objectives, appropriate economically feasible water conservation measures, and time schedules for meeting those objectives. At subsequent 5-year intervals following the acceptance of the Contractor's program, theÂ· Contractor shall submit a report on the results of the program to the Contracting Officer for review. Based upon the conclusions of the review, the Contracting Officer and the Contractor shall consult and agree to continue or to revise the existing water conservation program. J. EQUAL OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including - apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without discrimination because of race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Contracting Officer, advising the said labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. A-3 4. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by said amended Executive Order and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Contracting Officer and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedutes authorized in said amended Executive Order, and such other sanctions may be imposed and remedies invoked as provided in said Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the provisions of paragraphs 1. through 7. in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of said amended Executive Order, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect . to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Contractor becomes involved in, or is , threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such ~ litigation to protect the interests of the United States. K. COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS 1. The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (Public Law 93-112, as amended), the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.), and any other applicable civil rights laws, as well as with their respective implementing regulations and guidelines imposed by the United States Department of the Interior and/or the Bureau of Reclamation. 2. These statutes require that no person in the United States shall, on the grounds of race, color, national origin, handicap, or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Bureau of Reclamation. By executing this contract, the Contractor agrees to immediately take any measures necessary to implement this obligation, including permitting officials of the United States to inspect premises, programs, and documents. A-4 3. The Contractor makes this agreement in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property discounts, or other Federal financial assistance extended after the date hereof to the Contractor by the United States, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this article, and that the United States reserves the right to seek judicial enforcement thereof. L. UNCONTROLLABLE FORCES Neither party shall be considered to be in default in respect to any obligation hereunder, if prevented from fulfilling such obligation by reason of uncontrollable forces, the term "uncontrollable forces" being deemed, for the purpose of this contract, to mean any cause beyond the control of the party affected, including, but not limited to, drought, failure of facilities, flood, earthquake, storm, lightning, fire, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court or public authority, which by exercise of due diligence and foresight, such party .could not reasonably have been expected to avoid. Either party rendered unable to fulfill any obligation by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. A-5 SRADFOMOPUaLISHINGCO. RECORD OF PROCEEDINGS planning Commission - August 16, 1994 - page 4 1.- Final Plat. Lot 6. Little Prosvect Mountain Addition. CX.â€¢â€¢Â· 137 Stanley Circle Drive. Geraldine Kappely/Applicant. The Applicant proposes dividing an existing lot, zoned R-S one and two family, into two lots of 1.44 and 1.29 acres. Existing land use is one single family dwelling on Lot 6A; Lot 6B is vacant. With one exception, development that has occurred in the Little Prospect Mountain area has been single family. In order to maintain compatibility, a note should be placed on the plat which limits use of each lot to one single family dwelling. Mr. Van Horn stated that the existing driveway curb cut would be used and such to be added to the plat, and that both lots would be connected to Estes Park Sanitation District service. It was moved and seconded (Burgess-Cooper) the Kappely Subdivision of Lot 6, Little Prospect Mountain Addition be favorably recommended to the Board of Trustees, contingent upon the following conditions being met prior to Town Board approval, and it passed unanimously: 1. Single family use note be added to the plat. 2. If driveway access is shared, a maintenance agreement note be added to the plat. - 1 3. Overhead utility lines relocated at owner expense. 4. Submit additional drawings showing the intent to connect both properties to Estes Park Sanitation District. 0@~ar Amended Plat. Town of Estes Park. Lots 15. 16. & 17. 0(â€¢ U. Block 2. 101 E. Elkhorn Avenue (Hump Hotel). Elizabeth Bowers/Applicant. Applicant's representative Bill Van Horn stated this area is zoned C-D Commercial Downtown, and the Applicant is proposing to combine the three lots into two. Because of concerns voiced by Estes Park Sanitation District, Applicant will do a specific locate for the service line for Lot 27, which appears to flow under the buildings on Lots 15, 16, and 17, and provide an easement describing its location. Ernie Petrocine, Western Brands, expressed concern regarding the status Of the access, sewer, and water easements. Encroachments of the existing building and possible solutions were discussed at length. Chairman Sager reported on safety concerns expressed by Police Chief Racine regarding the building encroachment into the right-of-way. chairman Sager is opposed to any change in the property until the encroachment issue has been resolved. It was moved and seconded (A. Hix-Pohl) the Amended Plat, Town of Estes Park, Lots 15, 16, and 17, Block 2, 101 E. Elkhorn Avenue, combining the three lots into two be favorably recommended to the Board of Trustees, contingent upon the following conditions being met prior to Town Board approval, and it passed unanimously: 1. A note on the plat that acceptance of this amended plat does not approve the encroachments of the buildings on the west side of the property into Big Horn Drive. 2. A drainage and access easement be provided in the open area between the two buildings. 3. A maintenance agreement note be added to the plat that a sanitary sewer/storm sewer cleanout exists in this area. 4. A drainage maintenance agreement note be added to the plat that a drainage problem exists along Big Horn Drive due to the building and landscape encroachments. 5. Each building be separately metered by 3/4" water meters. 6. Access easement be provided across Lots 15A and 16A, 20 feet wide, which incorporates the existing travelled way. 7. Applicant to install a curb and 3-foot walkway along Big Horn and be responsible for maintenance. 8. An easement be provided for the sewer line from Lot 27, or said line be relocated. The Planning Commission also requested that Town Attorney White comment on the Town's ability to require removal of the building encroachment. ,/%11-lpended Plat. Lots 11 & 12. Crags Subdivision-Â£_Audubon Streek. c. Franklin Hix/Applicant. Applicant, s representative Bill Van Horn stated Applicant is requesting to amend the . building envelopes 8 feet to the northeast on the two existing ~ lots to accommodate the terrain and preserve existing trees. Presently, there is a zero lot line on the southwest boundary of Lot 12 and a 10 foot setback between Lot 11 and 12. No lot boundaries are being changed; no new lots are being created. Existing zoning is R-M Multiple Family. Upon Commissioner request, Mr. Van Horn stated that the existing utility easement along the northeast lot line of Lot 11 -and the existing building foundation would be shown on the plat. Director Stamey noted that the original subdivision allowed zero lot lines on some lots. He requested an easement for maintenance be granted across Lot 12 for access by Lot 11. Mike Miller/Resident reported that the information received in the mail was vague and requested that future mailings include clear drawings and explicit explanations. It was moved and seconded (Brown-Pohl) the Amended Plat, Lots 11 and 12, Crags Subdivision be approved provided the Applicant furnish separate sewer connections and provided the existing utilitY easement and a maintenance easement (4 feet minimum) is granted over Lot 12 for Lot 11 access, with both either being shown or noted on the plat, and it passed unanimouslyÂ· Board of Trustees - February 8, 1994 - Page 5 . Â¥ . 4. Community Development, February 3, 1994: A. dkhtract for Passenger Transportation Services with Estes Park Â·bollev corporation - Approval. The Community DevelopmeribX Committee recommended approval 0Â£~he TransportatiorihSQ~vices Contract for services 1Namr-Ray 31, 1994 through Septedbe<-5, 1994. There are thped-Bomponents to the Trolley System: -*t45 base pasBM,Â¢Er transportation service, conference center-bra.82Pp,Eition and the Park and Ride Program; approval is being+faquested for the base contact at this time. concerni~g.â€¢â€¢d~ stipub#4pn requiring payment prior to providing t11.-gervice, staff coM.ieed that a large portion of the 2â€¢fient is allocated to Eha~ purchase of insurance--fliDAâ‚¬-are necessitated for cash flow ihimpses. It was moved-â€ž8 seconded (Dekker/Hix) the Estes Parrâ€¢qolley TransÂ£9,â‚¬ition Services Contract, in the amount of $20, Obq be anp-dfed, and it passed unanimously. 5. 1995 Business License - Recommendation from Administrative Committee. At their meeting held January 13, 1994, The Administrative Committee recommended: (1) Building .~ Contractors be indexed under the "General" category and pay tl/Â¢?C~/ $200.00/yr.; and (2) a "Home Occupation" category be established with associated fee of $100.00/yr. Trustee Habecker requested both items be considered separately due to a potential conflict of interest. There being no public testimony, it was moved and seconded (Hix/Doylen) recommendation #1 identified above be approved, and it passed unanimously. It was moved and seconded (Hix/Doylen) recommendation #2 identified above be approved, and it passed with Trustee Habecker Abstaining. 6. There was no Town Administrator's Report at this time. 7. otion to enter Executive Session to discuss Personnel Issues. was moved and seconded (Hix/Habecker) the Board ent Ex tive Session to discuss personnel matters, and it ed with ustee Brown Abstaining. Administrator aphake informed the news media th he Trustees may return to op session. Following comple * of all agenda items, Mayor Dann s adjourned the meeti at 9:36 P.M. to Executive Session. T tee Brown and Att ey White withdrew from Council Chambers. Mayor Dannels reconvened the ' g at 9:56 P.M. and Trustee Brown and Attorney White were in a nce. It was moved and seconde Hix/Habeck Gary R. Brown be appointed Municipal Judge and Easley be app ted Assistant Municipal Judge. Mr. Bro will replace Jim Li ejohn who recently submitted his ignation. The Board reques Mr. Brown submit his resignat' as Trustee, effective immediately. Trustee Doylen commented at it was with great regret to lose . Brown as Truste she believes Mr. Brown's impact on the Bench ' l be as prof d as on the Town Board. Mr. Brown remarked that his enure o he Board was a privilege, and that the perception that decisions are made in private is indeed a falsehood. The motion .._ 2 1 L ORDINANCE NO. . AN ORDINANCE AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WITH REGARD TO BUSINESS LICENSES WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town to amend certain portions of Chapter 5.20 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Section 5.20.010(5) shall be amended to read as follows: (5) " Home Business" means a business,. profession or occupation conducted within or from a dwelling by a resident thereof as an accessory use to the residential use of the dwelling, but it does not include a building contractor. Section 2. Section 5.20.030 shall be amended to read as follows: 5.20.030 Amount of License Fees. The business license fee is set forth as follows: A. Accommodations: Five units or less, one hundred fifty dollars per year; six to twenty units, two hundred sixty dollars per year; twenty-one units or more, three hundred seventy-five dollars per year. B. Building Contractors: Two hundred dollars per year. C. Home Business: One hundred dollars per year. D. All other businesses including, but not limited to non-resident business and community special events; two hundred dollars per year. Section 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 , 1994. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk