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HomeMy WebLinkAboutPACKET Town Board 1994-11-22BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 22, 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 November 8, 1994. 2. Bills. 3. Committee Minutes: A. Light & Power, November 10, 1994. B. Special Events, November 10, 1994. C. Public Safety, November 17, 1994. D. Administrative, November 17, 1994. E. Planning Commission, November 15, 1994 (acknowledgement only). ACTION ITEMS: 1. Light & Power Committee, November 10, 1994: A. Peak Shaving Rebate Program - Approval of Expenditure. 2. Special Events Committee, November 10, 1994: A. Powder River Productions Contract - Approval. 3. Administrative Committee, November 17, 1994: A. 1995 Budget: 1. Public Hearing - Highway User's Fund. 2. Resolution - Setting Mill Levy. 3. Resolution - Adopting Budget. 4. Resolution - Appropriating Sums of Money. B. 1995 Budget - Resolution Establishing 1994 Reserves. C. Ordinance - Amending Section 2.52.020 & 2.52.040 concerning Salaries of the Municipal Court Judge and Municipal Court Clerk. D. Chamber of Commerce Operating Agreement - Approval. 4. Planning Commission: A. Public Hearing: Replat of Lot 131, Al Fresco Place Addition, John Grace/Applicant. 5. Estes Valley Memorial Gardens - Resolution authorizing the Sale of Parcel #5. 6. Town Administrator's Report: A. Christmas Lighting. B. NOTE: The Town Board meeting scheduled December 27, 1994 has been canceled. Town of Estes Park, Larimer county, colorado, . tiov~*ex .8. I „ 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 . ~th. . day of ... .Naxeter ., A.D., 19.94. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor . . Pregent: Mayor Trustees: H. B. Dannels Robert L. Dekker, Mayor ProTem Susan L. Doylen, Stephen W. Gillette, William J. Marshall, Also Present: Gary F. Klaphake, Michael E. Miller Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk A]604:9U Absent: J. Donald Pauley, Trustee Mayor Dannels called the meeting to order at 7:32 P.M. PUBLIC INPUT. Roger Shippy/President, P.a.C.K. announced a Community Awareness I Workshop scheduled on Wednesday, November 16 at the Conference Center concerning gang activity. Representatives from the Larimer County Sheriff and Estes Park Police Departments will be the speakers. All are urged to attend. I Lou Canaiy suggested articles from the Reader's Digest on affordable housing (and conditional community service) and Denver Post on government-owned land (relating to down-sizing) be reviewed by the Trustees. Louis O'Riordan took issue with Town Attorney White's opinion on the "reverter clause" as contained in the Stanley Park Deed relating to "park purpose" and the proposed fire station. 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. It was moved and seconded (Dekker/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1.A. Bureau of Reclamation Amended Water Contract. Town Administrator Klaphake briefed the Trustees on the Contract that was negotiated by Town Attorney White, which allows the use of water at the Marys Lake Water Treatment Plan by Board of Trustees - November 8, 1994 - Page 2 replacing the access at the Big Thompson Water Treatment Plat which is now abandoned; adjusts the power interference rate of $1,500/yr. to $15,000/yr.; and confirms the availability of 500 acre ft. of water. The term is 25 years with an additional 25-yr. renewal clause. It was moved and seconded (Gillette/Doylen) the Water Contract with the Bureau of Reclamation, as amended, be approved, and it passed unanimously. 2.A. Final Plat of Lot 6. Little Prosnect Mountain Addition. Geraldine Kappelv/Amplicant. It was moved and seconded (Doylen/Marshall) the Final Plat of Lot 6, Little Prospect Mountain Addition be continued to December 13, 1994, and it passed unanimously. B. Amended Plat of Lots 15. 16. & 17. Block 2. Town of Estes Park. Elizabeth Bowers/Applicant. It was moved and seconded (Doylen/Marshall) the Amended Plat of Lots 15, 16 & 17, Block 2, Town of Estes Park be continued to December 13, 1994, and it passed unanimously. C. Amended Plat of Lot 11 and 12. Crags Subdivision. C. Franklin Tix/Applicant. Mayor Dannels opened the public hearing. Trustee Doylen declared a potential conflict of interest and stated she would not participate in discussion nor vote. The Applicant desires to amend the building envelopes 80 to the northeast on the two existing lots to accommodate the terrain and preserve existing trees. Trustee Miller stated that construction is underway and questioned how the building permit was issued without approval of this request. The plat was originally recommended for approval by the Planning Commission September 20, and a substantial interval occurred while the Applicant was obtaining lienholder signatures for the plat. There being no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Dekker/Gillette) the Amended Plat of Lots 11 and 12, Crags Subdivision be approved, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Gillette, Marshall and Miller. Those voting "No" none. Those "Abstaining" Trustee Doylen. 3. Museum Advisory Board Appointments: It was moved and seconded (Doylen/Gillette) the following appointments be approved, and it passed unanimously: 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). Trustee Doylen expressed the Board's appreciation to Museum Advisory Board Members for serving. 4. Business License Ordinance Amending fees for Home Occupation and Building Contractors. At their meeting February 8, 1994, the Trustees recommended the 1995 Business License for Home Occupations be reduced from $200.00/yr. to $100.00/yr. and Building Contractors be increased from $100.00/yr. to $200.00/yr. Trustee Doylen noted that the funds raised by this license fee are allocated for advertising. Trustee Miller has previously raised a question on the reasoning for this license; however, he will pose additional questions during the budget discussion scheduled November 17. Town Attorney White read the Ordinance, and it was moved and seconded (Doylen/Gillette) the Ordinance be approved, and it passed unanimously. Whereupon Mayor Dannels declared the Board of Trustees - November 8, 1994 - Page 3 Ordinance duly passed and adopted, ordered it numbered #11-94 and published according to law. 5. Town Administratores Report: A. Senior Center. Administrator Klaphake commented on the "meal program" which is under the direction of Larimer County, and the building in general which is the Town's responsibility. A meeting will be scheduled with Larimer County to better define each entity's responsibilities and staff will report within the next six months. Staff is also researching funding options with the Department of Local Affairs and the private sector. In addition, due to insurance concerns relative to the Senior Van, the Center has been advised to cease operation until the insurance issue is resolved. B. Status of Litigation - Town's Ballot Issue. Town Attorney White reported that the Judge has unofficially "dismissed with prejudice" the suit filed by Plaintiff, Beverly Scherling. The suit may be refiled when the case is "ripe for litigation." Following completion of all agenda items, Mayor Dannels noted that in a recent CML Newsletter, Estes Park was recognized for the third time by the City-County Communications and Marketing Association for excellence in local communications and marketing. The meeting was adjourned at 8:06 P.M. Mayor Town Clerk BRADFOROPUBLISH INGCO RECORD OF PROCEEDINGS Light and Power Committee November 10, 1994 Committee: Chairman Dekker, Trustees Miller and Pauley Attending: Chairman Dekker, Trustee Miller Also Attending: Light and Power Director Matzke, Assistant Town Administrator Widmer, Assistant Light and Power Director Mangelsen, and Deputy Clerk Kuehl Absent: Trustee Pauley Chairman Dekker called the meeting to order at 8:10 a.m. FOUR CITIES JOINT INTEGRATED RESOURCE PLAN PRPA representatives, John Bleem and Roy Rohl, presented slides regarding the Integrated Resource Plan. The Plan is a study to assure resources are available to meet the loads. The slides reviewed the history, the survey results, and three recommendations as follows: 1. Demand Site Management: Jointly promote activities to reduce growth of peak demand. Funding will be equivalent to 1% of Platte River revenue from sales to member cities. 2. Renewables: Establish criteria to evaluate renewable resource options. 3. Peaking Resource: Establish options for new natural gas fired peaking resources. The option of using wind resource was studied and found to be unacceptable due to the lack of wind during peak periods. PEAK SHAVING REBATE PROGRAM/PROPOSED EMERGENCY GENERATOR Director Matzke explained that a number of customers have installed emergency generation equipment. Light and Power is proposing a trial program to provide a financial incentive to two customers with larger generation capacities to operate their equipment during peak loading times which will help reduce the Town's system load coincident with Platte River's system peak. The estimated cost of the program is $4,000 to install the required metering equipment at the two locations and $2,000 for purchase of a notebook computer for electronically downloading the profile information from the Town's metering equipment. This purchase would eliminate the need for the $2,500 laptop computer requested in the 1995 budget. The rebate amount will be the greater amount of $10 per kW of load carried by the generator during the Platte River System peak hour or $10 per kW of the average load carried by the generator during the requested hours of operation. The customer will be requested to operate no more than six times each month of December, January, and February and no more than four hours per occurrence. Light and Power will attempt to provide 12 hours of notice prior to requested generation period. The rebate amounts for three months, allowing monthly load offsets of 200 kW, would be $6,000. The benefit on the Town's purchase power cost would be approximately $13,000. It is anticipated this program will pay for itself the first year with benefits extending into future years as long as the program is continued. The Committee recommends approval of the Emergency Generator Peak Shaving Rebate Program for the 1994-1995 winter season with equipment and installation costs not to exceed $6,000 and a rebate amount of $10 per kW. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Light and Power Committee, November 10, 1994 - Page 2 ELECTRIC EXTENSION TO ROCKY MOUNTAIN NATIONAL PARK Director Matzke reported that discussion is continuing with the Park Service, the Bureau of Reclamation, and Platte River Power Authority to provide electrical service to the Park. The items being reviewed are: 1. Scope of construction and costs. 2. Rates for administrative loads including delivery costs from Platte River and the Town. 3. An agreement between Platte River and the Town for a method of providing credit to the Town for energy consumed by the Park. There is no schedule for completion of this project and discussion will continue. REPORTS Director Matzke presented various graphs and Financial Reports for September and October. Platte River Member Cities Customer Survey: Results of the Platte River resource planning survey comparing four city-owned utilities were presented. The comparisons were based on the results for each single city-owned utlity which were then compared to the other three cities combined. Due to the small number of interviews performed in Estes Park, differences between Estes Park and·the other three cities may be nominally large yet not statistically significant. Basic attitudes toward the city-owned utilities are most positive in Estes Park ranking the highest of the four cities in overall favorability and concern for customers and the lowest rating for fairness of rates. Electric Thermal Storage Heat Program Progress Report: Assistant Light and Power Director Mangelsen reported that 26 customers have storage heaters, 6 of those are using the lease purchase program, and 15 have applied for the rebate program, totaling $2,000. John Bleem, PRPA, commended Estes Park for their successful program. Project Updates: Facilities are being installed at Stanley Views Addition and are 60% completed. The RMNP extension is continuing, now servicing 12 houses. The rewiring of downtown streetlights allows the use of photo cells that will automatically turn off every other street light between 2:00 a.m. and 6:00 a.m. Platte River Power Authority: Assistant Administrator Widmer distributed the proposed budget and reported that the directors toured the Craig Power Plant. Chairman Dekker requested the newly- appointed Town trustees receive a tour of both the Craig and Rawhide plants. There being no further business, Chairman Dekker adjourned the meeting at 9:27 a.m. 7.3- K-293 Tina Kuehl, Deputy TowA Clerk BRADFOROPUBLISHING Co. RECORD OF PROCEEDINGS Special Events Committee November 10, 1994 Committee: Chairman Doylen, Trustees Gillette and Marshall Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Hinze, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 9:33 A.M. RODEO STOCK CONTRACTOR - PRESENTATION OF CONTRACT. The Committee reviewed the Contract with Powder River Rodeo Productions which was prepared by Town Attorney White. The Rooftop Rodeo Committee negotiated a 3-year agreement with a fee of $25,000/yr. Stating the quality of the stock in the 1994 Rodeo contributed to an improved rodeo, the Committee recommends approval of the Contract as presented. ROOFTOP RODEO COMMITTEE - REPORT. Noting that the Committee is working on the 1995 Event, President O'connor advised there was no official report at this time. SPECIAL EVENTS IN BOND PARK - REVIEW OF POLICY. Staff reported that a meeting was held with downtown merchants·due to their concerns raised with the various craft fairs held in Bond Park. The group reached various conclusions, and staff requested the Committee approve the following: 1. Continue special events in Bond Park. 2. The Special Events Department prepare an informational leaflet identifying regulations for sales tax collections. Said form to be issued to event coordinators for all events with vendors. The Special Events Department will "track" the vendors to verify that they have actually filed their sales tax collections. If a vendor is found not to have filed, they will not be allowed to participate in future events. The form may also include a statement regarding inspection by the Colorado Department of Revenue. Following discussion, the Committee recommends approval of Items #1 and #2 as identified above. SPECIAL EVENTS - CRITIOUE. October Gold Brats & Bands. This is the second year of this event which, as reported earlier, will be assumed and managed by the Sunrise Rotary Club. Activities included polka bands and dancing in Bond Park, a Saturday evening dance at a local lodge and beer tasting. Sunrise Rotary has advised they will move this event to late September and rename it "Autumn Gold." Surprise Sale. This fourth-year event, which is continues to gain popularity with the businesses as well as patrons. Most businesses reported generous sales on full-price items as well as sale items. BRADFORD PUBLISMING co. RECORD OF PROCEEDINGS Special Events Committee - November 10, 1994 - Page 2 Halloween Haunted House. This event is sponsored by the Jaycees and Barn W was utilized this year. The event was expanded/improved and attendance was significantly increased. PARADE PERMITS. Christmas Parade. The Parade is scheduled November 25 and will begin at 5:30 P.M. Other activities, which will begin at Noon, include hayrides, a visit with Santa, and a Magician. The Parade route (down Elkhorn Avenue) has been reviewed by Chief Racine. Parade announcers have been increased to three and they will be stationed on West Elkhorn, Elkhorn/Moraine, and Bond Park. The Committee recommends approval of the Parade Permit for the 1994 Christmas Parade. There being no further business, Chairman Doylen adjourned the meeting at 10:01 A.M. 09 l. A-•<Lu_ (() 0:,U Vickie O'Connor, CMC, Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Safety Committee November 17, 1994 Committee: Chairman Gillette, .Trustees Dekker and Marshall Attending: All Also Attending: Town Administrator Klaphake, Chief Racine, and Deputy Clerk Kuehl Absent: None Chairman Gillette called the meeting to order at 8:02 a.m. POLICE DEPARTMENT Promotion/Randy Repola: Chief Racine presented Randy Repola with a Sergeant's badge in honor of his promotion. Sergeant Repola was congratulated by the Committee for his 74 years as a police officer in Estes Park. Victimes Assistance: Victim's Assistance Coordinator Goelz presented a packet describing the victim's assistance program. The local program works in conjunction with the Larimer County Sheriff's Department. Grants have provided funding for the initial program; however, it becomes the responsibility of each locality to acquire future funding. Coordinator Goelz presented a proposal that would include a surcharge on each fine/ticket issued. Recent changes in Municipal Court procedures could possibly help the victim's assistance program as most cases will be written into municipal court in lieu of county court. The Committee agreed that the Victim's Assistance Program should be continued and recommends that Attorney White clarify TABOR restrictions on a plan to raise funds to continue the Victim's Assistance Program, and that the Committee discuss this matter further at a future meeting. Chairman Gillette thanked Coordinator Goelz for bringing this important issue to the attention of the Committee. Administrator Klaphake added that the possibility of obtaining liability and workman's compensation for active volunteers is being discussed. Coordinator Goelz announced her office, which is presently in Room 104, may be relocated to second floor in the future. FIRE DEPARTMENT No report. REPORT Chief Racine announced the reports will be forthcoming but were incomplete at meeting time. There being no further business, Chairman Gillette adjourned the meeting at 8:28 a.m. lL- 1<.0-2 Tina Kuehl, Deputy Town Clerk ....FOR. PUE]LISHING.I. RECORD OF PROCEEDINGS Administrative Committee November 17, 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, Assistant Administrator Widmer Absent: None Chairman Dannels called the meeting to order at 9:00 a.m. REVIEW PROPOSED 1995 ENTERPRISE FUND BUDGETS Assistant Administrator Widmer reviewed the revenues and expenses of the Light & Power and Water Funds, which constitute 50% of the total Town budget, and summarized the categories in each fund. Light and Power Fund includes a Phase I Master Plan for $25,000 and an additional $25,000 to purchase land for a substation, and an Energy Efficiency category of $11,000 for energy audits, thermal storage, etc. Administrator Klaphake reported that rebuilds have been deferred due to the personnel demand for new hook-ups. The Water Fund budget includes a programmable steady rate increase over five years. GENERAL FUND CASH FLOW Administrator Klaphake distributed a revised General Fund Cash Flow chart showing salary adjustments from 44% to 3 4% and reclassification of a Park's worker from full-time to seasonal. TABOR COMPLIANCE REVIEW Administrator Klaphake distributed worksheets showing the 1995 property tax mill levy compliance and growth calculations to comply with the TABOR Amendment. The calculations involve both the Town and Urban Renewal which result in projected excess tabor revenue of $228,717 for 1994 and $274,709 for 1995, based on 7% sales tax growth. These monies will be transferred to the capital projects funds. Administrator Klaphake explained the advertising program's success appears in conversion, not dollars allocated. Graphs presented show that packet requests and phone inquiries have doubled in the past ten years. Fulfillment packets are based on unit price and contingency funds supplemented the advertising budget. Citizen participation at past Town Board meetings suggested that perhaps businesses outside town limits benefit from advertising monies but were not paying their fair share of the costs as no local sales tax is collected and business licenses are not required. In an effort to attain equalization, the Chamber board and A/C Book Committee proposed to fund postage costs for mailing fulfillment packets contingent upon the, funds offset by this proposal be applied to the direct advertising portion of the Town's advertising budget. Administrator Klaphake reviewed two letters received from CACEP; one dated October 13, 1993 requesting $12,500 and one dated August 29, 1994 increasing this request to $20,000. Trustee Pauley and Klaphake met with representatives of CACEP and recommended a $17,000 budget, $13,000 used for base operations, which represents a 44% increase, and $4,000 used for a regifting program. BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS admi.ziolia.iv. Culluull.luc, liuvembel 17, 1994 - Pdge 2 PUBLIC COMMENT Frank Hix, Director/Director, Friends of the Estes Park Historical Museum: The Friends of the Museum is a joint public/private venture, has a fund raising program, approves items submitted by the Museum Director, and is in support of the budget allocation for the Museum. Administrator Klaphake added that the contributions from this group are exempt from TABOR. Sally Anderson/Vice President, Cultural Arts Council: Explained that a fund raising effort to help decrease the town involvement proved to be a conflict with CACEP members. Paul Saunders/Advisory Board of CACEP: CACEP has increased several programs and with this growth, the regifting program will become stronger. However, operational monies are needed to implement these programs. This is a benefit to the town's image, education, and tourist growth worldwide. Jeff Barker/Accommodation Association, Chamber, A/C Book Committee, Accommodation Owner: A qualified advertising program exists which has not met diminishing returns. The program is a benefit to all citizens of the Estes Valley and continual financial backing is necessary for growth. Verified that the A/C Book Committee will make a contribution for postage of fulfillment packages. RECOMMENDATION OF PROPOSED 1995 BUDGET Fire Station: Trustee Miller requested the new fire station become the top priority with funding provided by transferring money. allocated for affordable housing. Miller also requested affordable housing be put on hold pending the clarification of guidelines. After discussion, the Committee that both projects are important and should be pursued equally. An obligation exists for the purchase of land for the affordable housing project. Administrator Klaphake announced that until a court ruling regarding TABOR restrictions is received, the capital investment money for the fire station may be placed in escrow and general fund monies be used to construct the fire station. Senior Center: Trustee Marshall questioned the Town's involvement in the Senior Center. Administrator Klaphake explained the Town is not actively involved in the Center. Since the control rests with the Center, the Town cannot provide insurance. No capital monies are budgeted to the Senior Center for 1995. Applications for grants will be pursued. CACEP: Trustee Pauley suggested the CACEP budget be set at $17,000, to include $13,000 for operating expenses and $4,000 for regifting. After discussion, it was a consensus that the mix should be $7,500 for operating expenses and $9,500 for the regifting program. CACEP should pursue other organizations to obtain funding for operating expenses. Trustee Pauley opposes the proposed operating/regifting mix. Advertising: Trustee Gillette suggested the 1995 advertising budget be increased by 44% ($22,295) to $517,740. The Town Board goal to reduce the advertising budget should not be abandoned, but it is imperative alternative funding be found before that goal is reached. TABOR will also affect the future of the advertising budget. Businesses have been approached and have contributed $732,000 to date. Trustee Miller suggested that in an effort to more efficiently approach the goal of eliminating the advertising budget, the budgets for advertising and Conference Center marketing should be combined as they appear to have the same purpose. Trustee Doylen explained the functions of advertising and marketing of the Conference Center are different. Trustee Dekker suggested BRA'FORD.U.LISHING.0 RECORD OF PROCEEDINGS Adial.1.Lialive CummiLL-c, Nuvember 17, 1994 - Page 3 the increase in the advertising budget should be 24% to 3%. Administrator Klaphake explained the advertising committee would be responsible for appropriating the budget. Trustee Miller is opposed to the increase. PaCK: Trustee Marshall recommended increasing the PaCK budget by $5,000, citing their involvement in the community and youth activity. Trustee Pauley proposed the Town should receive a breakdown of fund expenditures for this $5,000. Administrator Klaphake reported that clarification of fund expenditures will be obtained through Public Safety Committee. The Committee recommends the 1995 budget to the Town Board with the following changes: 1. CACEP: $17,000 budget, $7,500 for operating expenses and $9,500 for the regifting program. 2. Advertising: An increase of 435% to $517,740, reducing the General Fund balance by that amount. 3. PaCK: An additional $5,000 be added to the budget with the condition that a breakdown of funds be provided for this $5,000. General Fund balance will be reduced by $5,000. There being no further business, Chairman Dannels adjourned the meting at 10:40 a.m. ~TE-- K Ule Tina Kuehl, Deputy Town Clerk BRADFOR. PUMLISHING.0. RECORD OF PROCEEDINGS Planning Commission November 15, 1994 Commissioners: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, Alma Hix, Edward Pohl and David Thomas Attending: Chairman Sager, Commissioners Brown, Burgess, Pohl, and Thomas Also Attending: Community Development Director Stamey, Deputy Clerk Kuehl Absent: None Chairman Sager called the meeting to order at 1:30 p.m. 1. MINUTES. Minutes of the October 18, 1994 meeting were approved as submitted. 2. DEVELOPMENT PLANS. 2.A. Development Plan 94-10. Lots 16 & 17. Crags Subdivision. Johnson & Maria Lin/Applicant. Continued to the December 20th meeting. 2.B. Development Plan. 94-11. Lot 1. Mount View Park and a Portion of Mever's Addition. Black Canyon Inn. Jim Sloan/ Applicant. Continued to the December 20th meeting. 2.C. Development Plan. 94-7. Lot 2. Block 5. Fall River Estates. Darold and Lois Rohrbaugh/Applicants. Applicant's representative Bill Van H6rn reported the Applicants are requesting approval to build commercial accommodations consisting of one office/living quarters, and six single story duplex units with associated parking and site improvements. The lot size is 1.814 acres and is zoned C-0 Commercial Outlying, with no existing use of the land. The major issue regarding this development is a discrepancy between the FEMA floodplain map and the map completed by Van Horn. Van Horn offered to provide the technical analysis required if the Town would submit the request to FEMA for the map amendment. The Applicant would like approval of the project from the Town prior to FEMA's review and modification. Van Horn stated that FEMA had allowed the Town to do this during an EPURA project. Director Linnane questioned the possibility of construction during the revision process as FEMA's response may have a major affect on this site. Van Horn presented two parking configurations -- one parallel and one angle. The parallel parking spaces measure 10 feet by 20 feet and the angle spaces vary from 16 feet to 19 feet in length. Commissioners noted two disadvantages of parallel parking: planned traffic direction and the necessary destruction of existing trees. The angle parking would save trees, but would require a request to the Board of Adjustment for a setback variance. The owners did not wish to do this as it would delay their project. The construction of the parking area and foot bridge will be included in Phase I and the walk to the handicapped unit will be hard surfaced. Concerns of the Commission were: (1) handicapped parking should be aRADFORD PUmLImHING CO. RECORD OF PROCEEDINGS Ple,uning Cumminnslun, Nuvember lo, 1,94 - Fage Z situated closer to the handicapped unit, and (2) offering only two spaces for check-in creates the possibility of overflow parking onto the access road. Units 6A and 6B are located between the current river channel and the former channel. It may not be advisable to place buildings in this location as water continues to run in the former channel. The full width of the old channel should be shown on the plan. Van Horn reported that the Corps of Engineers verified the location of Units 6A and 6B are 6utside the wetlands and stated further that a berm can be built and reinforced to protect the property. Staff stated that no fill or excavation can occur in the wetlands. The wetlands area should be fenced off and protected during construction. The finish floor elevations for Units 6B, 6A should be raised above 100-year flood elevation. Minimal changes are requested in the natural features of the site, such as the large rock outcropping and mature vegetation. Improvement Guarantees are needed for both phases of construction. The area for Units 3A and 3B appear level to the water line. Van Horn explained that fill will be used in this area along with a retaining wall constructed in the back of Units 2A and 2B. Director Stamey noted there are some restrictions to using fill in the flood plain. An extension to five years for project completion is obtained through a Special Review of the Town Board. Al Work, 2700 Fall River Road, stated the following concerns: (1) constructing a berm around Units 6A and 6B will protect that property but force more water onto their property, and (2) parking may overflow to their driveway. Van Horn assured Mr. Work that the Corps of Engineers has reviewed the location of Units 6A and 6B and the river flow will not be diminished or altered. Parking will not overflow to Mr. Work's property due to the steep bank between the two properties and the availability of parking on the development property. Director Stamey listed required information not shown on the submitted plan: Proposed contours, outdoor lighting and sign, number and location of handicapped accessible units and parking serving those units, location of underground electric, drainage, size and quantity of proposed plantings, parking pavement. The proposed electric extension will be developer expense and is required to show on the Development Plan. Van Horn requested the Town approve the plan with the condition that FEMA will revise the floodplain map to the correct location. Director Stamey was unable to verify the information submitted by Van Horn regarding the floodplain. There does appear to be an error on the current map but the extent of the error is unknown. Van Horn further requested that permits be issued for Units lA through 3B while awaiting FEMA approval. Director Linnane referred to the elevation of Unit 3B. The southwest corner is 7,906 and the flood elevation is 7,907.7. If phasing is acceptable, it is better to be conservative in terms of safety and only include through Units 2A and 2B in Phase I. Commissioners were concerned that if construction was allowed in phases, the completion of the project would become more difficult due to access constraints. Van Horn has not been in contact with FEMA for an estimate on the map revision time frame. Commissioner Brown was hesitant to allow applicant to proceed with the impression that the Planning Commission has accepted this plan when the health and safety aspect, which is an important function of the Planning Commission, has not been determined. BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Plalining Culluul•Sion, November 18, 1,94 - rage 3 Director Stamey recommends that this item be continued to the next meeting because the floodplain and required finished floor elevations are not verified at this time. Linnane requested Van Horn supply a hec 2 model and run cross sections through the site to determine the floodway and floedplain for review by FEMA. Van Horn is to acquire a letter from FEMA approving construction prior to FEMA's decision. It was moved and seconded (Brown-Hix) that consideration of this project be continued to the December 20th meeting due to the uncertainly of the floodplain, and it passed unanimously. 3. REPORTS. The granting of a water service easement between the Kob's and the Glover's is necessary for the development of Twisted Pines. Judith Kob reported that an agreement had been reached between both parties regarding location of a new easement. Director Stamey verified that prior to the issuance of a building permit, an access permit from the State needs to submitted. There being no further business, Chairman Sager adjourned the meeting at 3:02 p.m. -Fl- 14-03 Tina Kuehl, Deputy Town Clerk RECORD OF PROCEEDINGS -=m"O PU~LI-ING cO. Light and Power Committee November 10, 1994 Committee: Chairman Dekker, Trustees Miller and Pauley Attending: Chairman Dekker, Trustee Miller ~' Also Attending: Light and Power Director Matzke, Assistant Town Administrator Widmer, Assistant Light and Power Director Mangelsen, and Deputy Clerk Kuehl Absent: Trustee Pauley Chairman Dekker called the meeting to order at 8:10 a.m. FOUR CITIES JOINT INTEGRATED RESOURCE PLAN PRPA representatives, John Bleem and Roy Rohl, presented slides regarding the Integrated Resource Plan. The Plan is a study to assure resources are available to meet the loads. The slides reviewed the history, the survey results, and three recommendations as follows: 1. Demand Site Management: Jointly promote activities to reduce growth of peak demand. Funding will be equivalent to 1% of platte River revenue from sales to member cities. 2. Renewables: Establish criteria to evaluate renewable resource options. 3. peaking Resource: Establish options for new natural gas fired. peaking resources. The option of using wind resource was studied and found to be unacceptable due to the lack of wind during peak periods. PEAK SHAVING REBATE PROGRAM/PROPOSED EMERGENCY GENERATOR Director Matzke explained that a number of customers have installed 1/2\ A' & fl emergency generation equipment. Light and Power is proposing a 417 trial program to provide a financial incentive to two customers with larger generation capacities to operate their equipment during peak loading times which will help reduce the Town's system load coincident with Platte River's system peak. The estimated cost of the program is $4,000 to install the required metering equipment at the two locations and $2,000 for purchase of a notebook computer for electronically downloading the profile information from the Town's metering equipment. This purchase would eliminate the need for the $2,500 laptop computer requested in the 1995 budget. The rebate amount will be the greater amount of $10 per kW of load carried by the generator during the Platte River System peak hour or $10 per kW of the average load carried by the generator during the requested hours of operation. The customer will be requested to operate no more than six times each month of December, January, and February and no more than four hours per occurrence. Light and Power will attempt to provide 12 hours of notice prior to requested generation period. The rebate amounts for three months, allowing monthly load offsets of 200 kW, would be $6,000. The benefit on the Town's purchase power cost would be approximately $13,000. It is anticipated this program will pay for itself the first year with benefits extending into future years as long as the program is continued. The Committee recommends approval of the Emergency Generator Peak Shaving Rebate Program for the 1994-1995 winter season with equipment and installation costs not to exceed $6,000 and a rebate amount of $10 per kw. .......0 Pul'.MING Co· RECORD OF PROCEEDINGS Special Events Committee November 10, 1994 Committee: Chairman Doylen, Trustees Gillette and Marshall Attending: All Also Attending: Town Administrator Klaphake, Special Events Director Hinze, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 9:33 A.M. RODEO STOCK CONTRACTOR - PRESENTATION OF CONTRACT. 0-11~The Committee reviewed the Contract with powder River Rodeo N [ Idb' Productions which was prepared by Town Attorney White. The Rooftop ar- Rodeo Committee negotiated a 3-year agreement with a fee of $25, 000/yr. Stating the quality of the stock in the 1994 Rodeo contributed to an improved rodeo, the Committee recommends approval of the Contract as presented. ROOFTOP RODEO COMMITTEE - REPORT. Noting that the Committee is working on the 1995 Event, President O'Connor advised there was no official report at this time. SPECIAL EVENTS IN BOND PARK - REVIEW OF POLICY. Staff reported that a meeting was held with downtown merchants due to their concerns raised with the various craft fairs held in Bond Park. The group reached various conclusions, and staff requested the Committee approve the following: 1. Continue special events in Bond Park. 2. The Special Events Department prepare an informational leaflet identifying regulations for sales tax collections. Said form to be issued to event coordinators for all events with vendors. The Special Events Department will "track" the vendors to verify that they have actually filed their sales tax collections. If a vendor is found not to have filed, they will not be allowed to participate in future events. The form may also include a statement regarding inspection by the Colorado Department of Revenue. Following discussion, the Committee recommends approval of Items #1 and #2 as identified above. SPECIAL EVENTS - CRITIOUE. October Gold Brats & Bands. This is the second year of this event which, as reported earlier, will be assumed and managed by the Sunrise Rotary Club. Activities included polka bands and dancing in Bond Park, a Saturday evening dance at a local lodge and beer tasting. Sunrise Rotary has advised they will move this event to late September and rename it "Autumn Gold." Surprise Sale. This fourth-year event, which is continues to gain popularity with the businesses as well as patrons. Most businesses reported generous sales on full-price items as well as sale items. AGREEMENT THIS AGREEMENT, made and entered into this « "7 day of 0640 bee , 1 994, by and between the TOWN OF ESTES PARK, a Colorado Municipal Corporation, hereinafter referred to as "Town" and POWDER RIVER RODEO PRODUCTIONS, INC., hereinafter referred to as "Rodeo". WITNESSETH: 1. Rodeo shall produce for Town a rodeo to include six (6) performances, 'commencing on the 12th day of July, 1995 at Stanley Park, Estes Park, Colorado. Performances shall be as follows: No. of Shows Dates Time 1 July 12, 1995 2:00 P.M. 1 July 12, 1995 7:30 P.M. 1 July 13, 1995 7:30 P.M. 1 July 14, 1995 7:30 P.M. 1 July 15, 1995 2:00 P.M. 1 July 15, 1995 7:30 P.M. Rodeos shall also produce a rodeo to include six (6) performances in July of 1996 and 1997 under the terms and conditions of this Agreement. The Town shall notify Rodeo on or before October 1, 1995 and October 1, 1996 of the specific dates and times for the 1996 and 1997 performances. 2. Rodeo shall furnish all supervision, quality stock, personnel and equipment necessary for the six (6) major rodeo events, including but not in limitation thereof the following: pickup men, timekeepers, arena directors, arena secretary, announcer, arena and chute help, rodeo music, bullfighter, and a speciality act to also perform as the barrel man. The Town shall furnish chutes, rodeo grounds, and approved PRCA Rodeo Judges. All personnel and equipment shall be subject to the approval of Town and the Professional Rodeo Cowboy's Association, Colorado Springs, Colorado, and shall comply with said Association's rules and regulations. Rodeo agrees that quality stock shall be stock of the same quality and condition of stock provided at other rodeos in the Northern Colorado area during the term of this Agreement. 3. The Town shall also furnish to the Rodeo fifteen (15) tons of hay and three (3) tons of grain. 4. Town shall deliver to Rodeo one day prior to the start of the first performance in each year the sum of Ten Thousand Five Hundred and 00/100 Dollars ($10,500.00) as prize money which is to be disbursed by Rodeo, together with all contestants' entry fees. Rodeo shall collect all the Contestants entry fees. All prize money agreements are to be subject to the approval of said Rodeo Cowboys Association. In the event that the number of shows is increased or decreased by the Town, the amount of prize money shall be adjusted on a pro-rata basis. 5. Town shall pay to the Rodeo for the produlation of said Rodeo, as herein agreed, the sum o f Twenty -Fun.~@Fhousand and 00/100 Dollars ($X 000.00) to be paid upon compl~ete performance of Rodeo. 16. ec>O .O 6,<3 , 6. Town agrees to furnish the facilities at Stanley Park for the Rodeo. 7. Town shall arrange for an ambulance at the rodeo grounds during all contests. 8. Town shall have the overall authority, control and supervision of Stanley Park, except the production of the rodeo portion thereof, as hereinabove provided, which shall be under the sole supervision, control and responsibility of Rodeo. 0 Rodeo shall provide comprehensive general liability insurance with minimum policy limits of One Million and 00/100 Dollars ($1,000,000) for each occurrence and One Million and 00/100 Dollars ($1,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractional employee's acts), contractional and independent contractors. The Town shall be named as additional insured on this policy. Rodeo shall furnish certificates evidencing the above insurance requirements including the addition of the Town as additional insured on the general comprehensive liability policy, at least thirty (30) days prior to the beginning of the rodeo. The Town shall reimburse Rodeo upon presentation of said Certificate for the cost of this insurance. Said sum shall not exceed One Thousand Five Hundred and 00/100 Dollars ($1,500.00) The parties to this Agreement understand and agree that the Town is relying on, and does not waive, by any provisions of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado 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. -2- Rodeo understands and agrees that they are an independent contractor under the terms and conditions of this agreement. As such, they are not entitled to unemployment or insurance benefits through the Town. Also, the Rodeo understands and agrees that they are solely responsible for all Federal and State Income Tax, FICA taxes and Unemployment Insurance taxes. Rodeo also understands and agrees that they are responsible for Workmen's Compensation coverage and taxes for themselves and any employee. 10. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered mail as follows: Town of Estes Park c/o Linda Hinze Estes Park Fairgrounds P.O. Box 1967 Estes Park, CO 80517 Powder River Rodeo Productions, Inc. c/0 Hank Franzen P.O. Box 626 Wright, WY 82732 11. In the event that there is a default under any terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party ten (10) days notice in writing of said default. If said default is not cured within said ten (10) day period, then the non-defaulting party shall be entitled to all damages incurred by the non-defaulting party as a result of said default, including an action for specific performance. Said damages shall include all reasonable attorneys' fees and court costs incurred by the non-defaulting party. 12. Rodeo agrees to include the Town on all releases or waivers of liability obtained by Rodeo from the participants, contestants, and/or exhibitors of said shown, with Town to be released in the same manner as Rodeo. Rodeo agrees to furnish to the Town a copy of the waiver or release form which Rodeo intends to use for said purpose. 13. Rodeo agrees that Town shall not be liable for any injuries, sickness or damage to any of Rodeo's employees, livestock or personal property, and Rodeo agrees to indemnify and to hold Town harmless therefrom and from any third-party claims for loss, damage, sickness or injury caused or alleged to have caused directly or indirectly by Rodeo, its employees, agents or animals, or caused or alleged to have been caused directly or indirectly in any manner whatsoever by the herein agreed upon performances by Rodeo. Said indemnification shall include all reasonable attorney fees and costs incurred by the Town resulting from any third party claim. -3- 14. This agreement represents the entire agreement between the parties and shall not be amehded by either of the parties hereto without written consent of the other party. 15. This agreement shall be binding upon and insure tc the benefit of the parties hereto, their successors and assigns. 16. The T6wn shall have the option of extending this contract for two additional one year periods for 1996 and 1997. The Town shall give Rodeo written notice on or before October 1, 1995 of its intention to extend this Agreement for 1996. If the Town exercises the option to extend this Agreement for 1996 , the Town shall have the right to extend this Agreement for 1997 by giving Rodeo notice on or before October 1, 1996 of its intention to extend this Agreement for 1997. Also, on or before said October 1st dates, the Town shall include within its written notice the dates and times of performances. 17. In the event that the Town extends this Agreement for 1996 and/or 1997, all other terms and conditions of this Agreement shall remain as stated. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk POWER RIVER RODEO PRODUCTIONS, INC. »4UJ *41+ A ATTEST: -4- Mt TOWN OF ESTES PARK 11% , -fa Pal 6, 0 4 Ale, 'Ir. 2 ..../ 1 . 1- -' %«\ p ·r · 41¥ m.~ .7 //t- &617.-I'··*4~-:-FU~~Mwi»U,.h . 4,41 k i / ' 9#2/4~ MEMORANDUM 43.#.l. TO: Board of Trustees FROM: Monte L. Vavra, Finance Officer f,,Ur- DATE: November 22, 1994 SUBJECT: Highway Users Trust Fund Public Hearing, 1995 Budget November 22, 1994 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 1995 Town of Estes Park Budget: 1. Estimated Revenues: $129 ,467 2. Estimated Expenditures: Resurfacing Overlay 150,000 P.O. Box Installation 23,000 $173,000 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 that either 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) 586-0249 COMMUNITY DEVELOPMENT • FAX (303) 586-6909 OTHER 43.A.2. RESOLUTION TO SET MILL LEVIES NO.- A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1995, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 1995 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 22, 1994; and WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $155,455; and WHEREAS, the 1994 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 1995 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 #ar 1995. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Larimer'County, Colorado, the mill levies for the Town of Estes Park as hereinabove determined and set. ADOPTED this 22nd day of November, 1994. Mayor ATI'EST: Town Clerk 4Fj'A.3. RESOLUTION TO ADOPT BUDGET NO.- 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, 1995, AND ENDING ON THE LAST DAY OF DECEMBER, 1995. 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 22, 1994, 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 ........... . . . $ 7,574,177 Museurn Fund ............. 154,688 Conference Center Fund ....... . 483,704 Conservation Trust Fund ........ 10,500 Special Events Fund ........... 615,653 Light and Power Fund ......... 6,445,696 Water Fund . . 2,711,834 Self-Funded Medical Ins. Fund .... 161,620 Fleet Maintenance Fund . 202,225 Firemen's Pension Fund ........ 45,500 Policemen's Pension Fund . . ..... 6.588 TOTAL $18,412,185 Section 2. That the estimated resources for each fund are as follows: General Fund: From unappropriated surpluses ............ $1,149,007 From sources other than general property tax .. . 7,120,043 From the general property tax levy 160.940 TOTAL GENERAL FUND $ 8,429,990 Museurn Fund: 165,265 Conference Center Fund: 485,515 Conservation Trust Fund: 10,683 Special Events Fund: 628,196 Light and Power Fund: From unappropriated funds ........... 2,818,145 From other revenue sources .......... 6.315.937 TOTAL LIGHT & POWER FUND 9,134,082 Water Fund: From unappropriated funds ........... 3,212,859 From other revenue sources 1.782.500 TOTAL WATER FUND 4,995,359 Catastrophic Loss Fund: 1,453,161 Self-Funded Medical Ins. Fund: 255,844 Fleet Maintenance Fund: 297,166 Firemen's Pension Fund: 632,509 Policemen's Pension Fund: 29.456 GRAND TOTAL $26,517,226 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 22nd day of November, 1994. Mayor ATTEST: Town Clerk #33. RESOLUTION TO APPROPRIATE SUMS OF MONEY NO. 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 1995 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law on November 22, 1994; 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 ............ $ 7,067,292 Capital Outlay 506.885 TOTAL GENERAL FUND..........,...... $ 7,574,177 Museum Fund: Current Operating Expense ............ 129,365 Capital Outlay 25.323 TOTAL MUSEUM FUND ......... 154,688 Conference Center Fund: Current Operating Expense ......... 463,704 Capital Outlay 20.000 TOTAL CONFERENCE CENTER FUND ....... 483,704 Conservation Trust Fund: Capital Outlay ..................,........ 10,500 . Special Events Fund: Current Operating Expense ............ 403,928 Capital Outlay 211.725 TOTAL SPECIAL EVENTS FUND ............ 615,653 Light and Power Fund: Current Operating Expenses ............ 5,862,196 Capital Outlay 583.500 TOTAL LIGHT and POWER FUND ............. 6,445,696 Water Fund: Current Operating Expenses 1,576,784 Capital Outlay 1.135.050 TOTAL WATER FUND 2,711,834 Self-Funded Medical Insurance Fund: Current Operating Expense ................... 161,620 Fleet Maintenance Fund: Current Operating Expenses 197,500 Capital Outlay 4.725 TOTAL FLEET MAINTENANCE FUND .......... 202,225 Firemen's Pension Fund: Current Pensions 45,500 Policemen's Pension Fund: Current Pensions 6.588 GRAND TOTAL $18,412,185 ADOPTED this 22nd day of November, 1994. 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 1994 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 1994 shall be deemed to be part of and included in the Reserve for Future Expenditures for the fiscal year 1994. 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 1994 "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 directed by the Board of Trustees of the Town of Estes Park. INTRODUCED, READ, AND PASSED THIS DAY OF . 1994. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk ORDINANCE AN ORDINANCE AMENDING SECTION 2.52.020 AND SECTION 2.52.040 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, WITH REGARD TO SALARIES OF THE MUNICIPAL JUDGE AND CLERK OF THE MUNICIPAL COURT BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Section 2.52.020 of the Municipal Code is amended to read as follows: The Municipal Judge shall receive as compensation for his services an annual salary of twelve thousand, eight hundred dollars ($12,800); the Assistant Municipal Judge shall receive as compensation for his services an annual salary of eight hundred dollars ($800); provided, that any Municipal Judge who serves for only a part of the year shall receive for his compensation only a pro rata portion of the foregoing annual salary based upon the number of days he actually serves as Municipal Judge or Assistant Municipal Judge. Section 2. Section 2.52.040 of the Municipal Code is amended to read as follows: The Clerk of the Municipal Court shall receive as compensation for his/her services as Clerk of the Municipal Court an annual salary of five thousand, two hundred fifty dollars ($5,250); provided that Any Clerk of the Municipal Court who serves only a part of a year shall receive for his/her compensation only that portion of the year he/she actually serves as a Clerk of the Municipal Court. Section 3. The adoption of the ordinance is hereby declared effective as of December 22, 1994. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1994. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk AGREEMENT TO CONDUCT A FULFILLMENT PROGRAM BETWEEN TOWN OF ESTES PARK AND ESTES PARK AREA CHAMBER OF COMMERCE AND A-C BOOK COMMITTEE IN 1995 The Town of Estes Park, the Estes Park Area Chamber of Commerce and the A/C Book Committee desire to provide information services to the potential visitor to the Estes Park area. In order to provide those services, the parties agree to the following criteria: I. A-C VISITOR GUIDE LABELS A. The Chamber will send visitor information according to the criteria established with the Town Advertising Manager, Chamber Management and the A-C Book Committee. B. The Chamber will generate and affix to a visitor guide or its replacement all labels created as a result of Direct Response requests received by the Chamber. A direct response is defined as a direct contact made by a private individual requesting vacation information on Estes Park. The Town of Estes Park Will pay the Chamber of Commerce at the rate of .3193 cents·per label for this activity. C. The Chamber of Commerce will accept and affix to a visitor guide or its replacement all labels generated through Readership Service inquiries received by the Chamber. A Readership Service inquiry is defined as an indirect contact made by a private individual through a magazine in response to an Estes Park advertisement placed by the Town's Advertising Manager. The Town will pay the Chamber at the rate of 0.053045 cents per label for this activity. II. Mailing of The Visitor Guides A. For the purpose of this agreement, the A-C Book Committee assumes full responsibility for the cost of mailing the Visitor Guides, or its replacement, via U.S. Postal Service or a substitute, in response to a Direct Response request or a Readership Service request as described in paragraphs I-B and I-C above. B. The Chamber will prepare and deliver to the Post Office bulk mailings according to the U.S. Postal Service guidelines within 5 days of the inquiry, or receipt of Readership Service labels. The Town of Estes Park will pay the Chamber at the rate of $0.190962 per visitor guide for this activity. Agreement, Page 2 C. The Chamber of Commerce will prepare and deliver to the Post Office for 1st class mailing when timing of visitor trip requires, or when the minimum bulk quantity is accumulating too slowly to meet the 5-day mailing criteria. The Town of Estes Park will pay the Chamber at the rate of $0.190962 per visitor guide for this activity. D. The Chamber will pay for the 1st class postage on the basis of actual cost of postage as determined by the postage meter, and verified in the monthly reports. The A-C Book Committee will reimburse the Chamber for the actual costs incurred for mailing the 1st class and Foreign information requests. E. The Chamber will keep an accurate running balance of funds available in the Bulk Postal account. This account is to be kept at the Post Office and is the responsibility of, and will be maintained by the A-C Book Committee, to be used by the Chamber for the sole purpose of bulk mailings as described in Paragraph II-A above. Such use will be verified in the monthly mailing reports. The A-C Book Committee agrees to deposit $5,000.00 to the bulk account by January 1, 1995, as a starting balance according to monthly statements issued by the Chamber. III. Quantity Shipping For the purposes of this agreement, Quantity Shipping of collateral materials is defined as the distribution of brochures and other collateral materials in quantity to second party distributors who use the material to either make a profit (i.e. Travel Agents), or to provide a public service for (i.e. Welcome Centers, local Chambers, visitor bureaus, etc.). A. The Chamber will prepare and ship quantities of collateral material in response to requests and according to guidelines established-by the Town Advertising Manager with input from the Chamber Management. The Town of Estes Park will reimburse the Chamber for all shipping charges incurred for quantity shipments. The Town will pay the Chamber at the rate of $1.0609 per ghipment for the preparation of the shipment. Agreement, Page 3 IV. Incoming 800 Calls to Information Representatives A. The Chamber will provide and train adequate staffing to answer incoming 800 calls within the standards and guidelines established with the Town Advertising Manager and Chamber Management. The Town will pay the Chamber at the rate of $0.63654 per call as reported by the monthly AT&T. Masterline billing. B. The Chamber will provide all hardware (equipment) and software (programming) necessary to accomplish point IV.-A within the standards and guidelines established with the Town Advertising Manager and Chamber Management. V. Reports A. The Chamber of Commerce will generate monthly reports including but not limited to: 1.) Inquiry counts by state, by source, by month and year-to-date, including a monthly "Total" report by state, by month and year-to-date. 2.) Monthly and year- to-date detailed summary of bulk mailings, first class and foreign mailings, quantity shipping activity. These mailing and shipment reports submitted to the Town will document inventory. The Town will pay $4.12 for each page included in the inquiry count report. The report pages will not exceed 35 coded pages per month. B. The Chamber of Commerce will provide all hardware (equipment) and software (programming) necessary to accomplish point V.-A within the standards and guidelines established with the Town Advertising Director and Chamber Management. VI. Miscellaneous A. At least 45 days prior to the date the 1996 Fulfillment Budget is to be submitted to the Town Board for approval, the Town will give the Chamber verbal and written notice of that deadline for purposes of renegotiating this agreement for 1996. D. The Chamber agrees to conduct a rate study in 1995 which will determine all actual cost, and the basis of those costs, required to perform each of the functions and duties for which the Chamber is paid or reimbursed by the Town as described in this contract. This study is to be completed and provided to the Town prior to August, 1995. Agreement, page 4 Ut»CO.e 0.-4244 Town of Estes Park Chamber of CAmerce Mayor of Estes Park President j 1-7- 94 date . date A-C Efook Committee Committee Chairperson 1 1 - 3.11-~ date 151 Comparison of Chamber of Commerce Fulfillment Contracts: 1994 and 1995 Budgets 1995 Rates are increased 3% over 1994. 1994 1995 Service Category Quantity Rate Cost Quantity Rate Cost Direct Response Labels 40,000 0.31 $12,400 43,640 0.3193 $13,934 Reader Service Labels 40,000 0.0515 $2,060 36,990 0.0530 $1,962 Mail Preparation 80,000 0.1854 $14,832 80,640 0.1910 $15,399 Quantity Shipping 910 1.03 $937 1,000 1.0609 $1,061 800 Operator Charges 65,000 0.618 $40,170 69,145 0.6365 $44,014 Reports 264 4.00 $1,056 420 4.12 $1,730 Totals $71,455 $78,100 11, Vw-*0 -ILI.ING cO. RECORD OF PROCEEDINGS planning Commission, September 20, 1994 - Page 2 =1,-90 Replat of Lot 131. Al Fresco Place. Northeast Corner of Chiquita Lane and Chapin Lane. John Grace/Applicant. Applicant's representative Paul Kochevar explained Applicant wishes to divide the existing lot of 2.2 acres into two lots of 1.17 and 1.03 acres. Applicant is requesting an·exception to the minimum lot size requirement of 60,000 sq. ft. for Lot 131-A and 74,000 sq. ft. for Lot 131-B. The newly created lots would be typical of the average neighborhood lot size. A single family residence exists on Lot 131-A, with proposed construction of a new single family residence on Lot 131-B. Lot 131-B is buffered from surrounding homes by mature trees and a large rock outcropping which is located east of the existing frame house. Access to Lot 131-8 off MacGregor Avenue at the southeast corner is possible but would require relocation of a power line guy pole. Staff requests a separate drawing be provided showing the proposed access driveway contours. Commissioners concerns included public requests for controlled development, public concern about : allowing continued lot splitting, and area housing needs. It was moved and seconded (Brown-Cooper) Replat of Lot 131, Al Fresco Place be favorably recommended to the Board of Trustees, with the findings that there are special circumstances or conditions affecting the property, that the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner, 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, and contingent upon the following conditions, and it passed by the following votes: Those voting "Yes" : Brown, cooper, Pohl, Sager. Those voting "No'I: Burgess, Thomas: 1. Relocation of the power line guy pole at developer expense. 2. Drawing of driveway access/design be provided to Staff and that driveway design incorporate erosion control. 3. Verification of location of utility services, necessary easements, and service ability. RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: WHEREAS, the Town of Estes Park, hereinafter referred to as "the Town" and the Estes Valley Memorial Gardens, Inc., hereinafter referred to as "the Cemetery Corporation", entered into a real estate contract dated February 25, 1986; and WHEREAS, said real estate contract was for the purpose of the Cemetery Corporation purchasing from the Town six (6) parcels of real property which were described in said real estate contract; and WHEREAS, the contract provided that the approval of the purchase was subject to the approval of the electors of the Town, pursuant to the provisions of Section 31-15-713(1) (a) C.R.S.; and WHEREAS, said approval was obtained from the electors of the Town; and WHEREAS, pursuant to the terms and conditions of said real estate contract, the Cemetery Corporation has given the Town written notice of its intent to exercise its right to purchase Parcel #5, according to the terms and conditions of said real estate contract. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK: 1. The Board of Trustees of the Town of Estes Park hereby authorize the Town to convey to the Cemetery Corporation by Warranty Deed, Parcel 05, as the same parcel is described in the real estate contract dated February 25, 1986, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". 2. The appropriate officials of the Town of Estes Park are hereby authorized to execute said Warranty Deed and any other documents reasonably required to close the purchase of Parcel #5, according to the terms and conditions of the above stated real estate contract. DATED THIS day of , 1994. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk f *9.- 4 TOWN OF ESTES PARK 1 14 Gary F. Klaphake -,42%t>, Town Administrator --*29.tte.31 0 -*>2\3:€.SERA ' D ... 0,9-11 \1 1,1 ¥ ' P .....PA. I: -d >%. 4».: I \U . 6, P. + 1/14*U,U/03,371'; MI. .... € m. 2="r .. 74:J.:s· I./......... , Estes Park, Colorado 80517 ".9 MEMORANDUM November 18, 1994 TO: Honorable Mayor Dannels Board of Trustees FROM: Gary Klaphake /6'l<- Town Administrator RE: DOWNTOWN CHRISTMAS LIGHTING I asked Richard Matzke to call a meeting of interested parties concerning downtown Christmas lighting (see attached memo). All attended except Richard Widmer and Lynda Vogel. I suggested that we need some changes to be more cost effective. We are now spending approximately $40,000 in man hours per year on Christmas lighting. We also need to buy all new sets of twinkle lights each year because they tear and break in the trees and wind. We now have the following Christmas lighting: 1. Downtown scenes that have recently been refurbished. 2. The tree-shaped lights on Highway 34, 36 and 7. 3. Bond Park lights. 4. Twinkle lights on Elkhorn Avenue. 5. The star and cross on Prospect Mountain. P. O. Box 1200 Telephone (303) 586-5331 Town of Estes Park Estes Park, Colorado 80517 Downtown Christmas Lighting -2- November 18, 1994 After much discussion the Committee recommended: 1. Twinkle lights be maintained on Elkhorn Avenue rather than clusters that I suggested. 2. Experiment with a heavier light set to see if they can withstand the wind, etc. 3. Keep lights up until after Valentine's Day rather than take down after New Year's (small increase in electric cost). 4. Keep downtown scenes and Highway trees. 5. Phase out Bond Park lights starting this year. I have already had complaints from individuals who are aware of the recommendation on Bond Park. The boom trucks we now operate to put up the lights are causing damage to the grass, sidewalks, and sprinkler systems in Bond Park. If you want the lights up in Bond Park, we will put them up. However, in an effort to reasonably control the commitment of labor and materials of the Christmas lighting, we continue to expand. Let's now elevate this discussion. Just give me your feelings on the subject. I apologize that I did not get this to the Light and Power Committee. We were busy with the budget when I discovered the meeting in November already took place. TOWN OF ESTES PARK November 17, 1994 OFFICE MEMORANDUM TO: Distribution FROM: Richard E. Matzke SUBJECT: Downtown Christmas Lighting Planning 9/28/94 9:00 a.m. Administrative Conference Room Municipal Building Please plan to attend the subject meeting to discuss possible changes and improvements to our annual Christmas lighting program. Our main topic will be placement of twinkle lights in the downtown area, but we may also have time to discuss location of the decorative scenes and acquisition of new decorations. The meeting will be limited to one hour. REM CC: Art Anderson Dick Barlow Connie Boschen Ed Dragon Linda Hinze Paul Holgersen Bob Joseph Gary Klaphake Diane Seybold Joe Tlamka Lynda Vogel Richard Widmer