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Home My WebLink AboutPACKET Town Board 1995-09-123 BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 12, 1995 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 August 22, 1995. 2. Bills. 3. Committee Minutes: A. Town Board Study Session, August 23, 1995. B. Public Works, August 24, 1995. C. Community Development, September 7, 1995. D. Board of Adjustment, September 5, 1995 (acknowledgement only). 4. Amended Plat of Lot 2, Tanton Subdivision, Dave Tanton/Applicant - Continue to October 10, 1995. 5. Final Plat of Tracts 96A and 96B, Placid Lake Subdivision, J. R. and Rachael Preston/Applicant - Continue to October 10, 1995. 6. Resolution #23-95 - Appointment of Special Prosecutor for Municipal Code violations. ACTION ITEMS: 1. Appointment - Randy Repola, Police Chief, effective September 12, 1995. 2. Town Board Study Session, August 23, 1995: A. Senior Center Grant Application - Presentation of Budget Estimate. B. Town Administrator's Employment Agreement - Approval. 3. Public Works Committee: A. Water Department Water Line Project Change Order of $12,460 - Approval. B. 1995 Street Overlay Project - Approval of bid in the amount of $109,372, submitted by Bituminous Roadways. 4. Community Development Committee: A. Rooftop Rodeo Committee Membership Roster - Approval. 1 B. Resolution #24-95 - Authorizing Annual Sidewalk Sale, October 7 and 8, 1995. 5. Public Hearing. Final Plat of Sleepy Hollow Subdivision, Gary D. Connoly/Applicant. 6. Public Hearing. Adoption of the following Codes, 1994 Edition: A. Ordinance #15-95 - Uniform Building Code. B. Ordinance #16-95 - Uniform Mechanical Code. C. Ordinance #17-95 - Uniform Plumbing Code. D. Ordinance #18-95 - Abatement of Dangerous Buildings 7. Resolution #25-95 - Approval of Ballot Title for Park Entrance Estates Special Improvement District (November 7, 1995 Election). 8. Interagency Memorandum of Agreement #22568 between the National Park Service, Bureau of Reclamation and the Town of Estes Park relating to the delivery of federal power to the NPS - Approval. Adjourn as the Board of Trustees Convene as the Estes Park Housing Authority 1. Review/Approve the Letter of Commitment with Mercy Housing, Inc. for the Lone Tree Apartment Project. Adjourn as Estes Park Housing Authority Convene as the Board of Trustees 9. Ordinance #19-95 - Transferring 4.784 Acre Parcel located at 1310 Manford Ave. to the Estes Park Housing Authority. 10. Resolution #26-95 - Approval of Mortgage. 11. Town Administrator's Report: A. None 2 Town of Estes Park, Larimer county, Colorado, . AUgUst .22 . . ., 19.9.5 . Minutem of a . Regular- . . meeting of the Board of Trustee, of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . ?2,4 . day of ..Â· Â·AUquet. .., A.D., 19.9.5. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... Present: Mayor Trusteee: H. B. Dannels Robert L. Dekker, Mayor ProTem Stephen W. Gillette, William J. Marshall, Michael E. Miller, Also present: Gary F. Klaphake, J. Donald Pauley Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: Susan L. Doylen, Trustee Mayor Dannels called the meeting to order at 7:30 P.M. PUBLIC INPUT. Bill Van Horn addressed the Board concerning land use decisions on land planning: the Town Board must ensure a balance between community desires and low/mid-income families housing needs. Louis O'Riordan reiterated his request for the Town to eliminate the 4% local sales tax on groceries and delete funding of the Advertising Budget. CONSENT CALENDAR: 1. Town Board minutes dated August 8, t,1995. 2. Bills. 3. Committee Minutes: A. Public Safety, August 17, 1995. B. Planning Commission, August 15, 1995 (acknowledgement only). C. Amended Plat of Lot 2, Tanton Subdivision, Dave Tanton/Applicant - Continue to September 12, 1995. D. Final Plat Of Tracts 96A and 96B, Placid Lake Subdivision, J. R. and Rachael Preston/Applicant - Continue to September 12, 1995. It was moved and seconded (Gillette/Marshall) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: The Board shifted items on the agenda to accommodate Trustee Doylen; however, the minutes correspond to the Agenda. 1.A. Manske Addition - Zoning decision. Ordinance #14-95. Trustee I Doylen joined the Board for this item. Mayor Dannels stated that the Public Hearing was closed August 8, 1995, and that the Board would not hear additional public comment at this time. Attorney White read an Ordinance establishing R-S Board of Trustees - August 22, 1995 - Page 2 zoning for the Manske Addition. Stating that the Board is in receipt of a letter from the neighborhood supporting R-S Single Residential zoning, that R-S zoning could allow up to three single-family dwellings or two duplex units on this site (with subdivision), that R-S zoning is consistent with the balance of the neighborhood and the Master Plan, that E-Estate zoning does not guarantee superior development, and that the Applicant has made an effort to provide responsible development, it was moved and seconded (Doylen/Gillette) the R-S Zoning Ordinance be adopted, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Gillette, Marshall and Pauley. Those voting "No" Trustee Miller. Whereupon Mayor Dannels declared the Ordinance duly passed and adopted, ordered it numbered 14-95, and published according to law. Trustee Doylen withdrew from the meeting. B. Special Review of Development Plan #95-8. Tract 19. Beaver Point. Second Addition. A-1 Trash/Applicant. Trustee Gillette declared a potential conflict of interest and vacated the room. Community Development Director Stamey reported that the Planning Commission conditionally approved Development Plan #95-8 for a business facility for A-1 Trash, which included a recommendation for the Town Board to approve the 47.2% impervious coverage (the current limit is 40%). The Commission addressed sewer dervice, storage tank and transportation of waste; however the Town Board must consider the impervious coverage issue. Staff clarified the reference to hazardous materials in the Planning Commission minutes-- washing of vehicles. The Applicant has had experience in managing hazmat, and, if necessary, a system could be required mandating that any effluent from washing vehicles be seized and placed into the sewer system. Staff did request comments from the Fire Dept.; however, the Dept. did not submit a response. Mr. Kochevar stated that the Applicant's familiarity with hazmat or waste is limited, and that the Applicant is not proposing to operate nor utilize the site for sewage or sewer/septic system disposal or for bulk storage. The Applicant is aware that on-site bulk storage is not allowed under the Code. Mr. Kochevar stated that there would be no liquid waste on the site. Those speaking in "favor" : Applicant's Representative Paul Kochevar who presented an overall site plan, a cross-section to scale indicating the relation of the elevation of surrounding properties, and a similar reduced drawing. In Mr. Kochevar' s opinion the additional coverage will not be harmful to drainage, and he will provide erosion control design to the Public Works Dept. Those speaking in "opposition": Dave Knect, Lot 16, Park Entrance Estates. In summary, Mr. Knect voiced concern with erosion control measures, and questioned Zoning Regulations relative to bulk storage, average slope calculation, enhancement of natural assets relative to the "Purpose" section, use regulation schedule relative to industrial use, outside storage, outside uses allowed under special review, allowable fencing height, disturbances (sound/odor), performance compliance, drainage/stormwater plan, and gasoline storage tanks relative to EPA standards. Mr. Knect has owned his property for three years and he urged the Town to abide by their own existing rules/regulations. Robert Williams/Park Entrance Estates expressed his opposition to 47.2% impervious coverage and commented on this type of operation within close proximity (25') of E-Estate property lines. On behalf of Jane Ramsey, 745 Meadow Cir., Mr. Williams conveyed concerns with the storage/regulation of portable toilets which Ms. Ramsey will view from her deck. Louis O'Riordan commented that if Mr. Knect's observations are correct, this item should be Board of Trustees - August 22, 1995 - Page 3 tabled pending additional review by the Planning Commission and staff. Attorney White responded that the bulk storage definition does not apply to this Plan as bulk storage is not being proposed; the Town regulates downstream property relative to drainage, complaints on odor are enforceable and dealt with upon receipt, and that the State of Colorado regulates gasoline storage tanks. In addition, lateral support must be provided during excavation. Director Stamey responded to concerns relative to the slope calculation formula. Director Stamey reiterated that the Planning Commission reviewed the Development Plan in its entirety; and that impervious coverage exceeds the limit by 7% (3,000 sq. ft). If the increase is not approved, the proposal must be reduced by 7%. Staff also reviewed landscaping and district boundary plantings relative to topographical features (existing 20' grade change). While Mr. Knect was absent at the Planning Commission, he did submit a letter which was acknowledged. Mr. Kochevar reported that proposed development will utilize a 25' setback; commented on the elevation range and view/buffer relative to adjacent properties; and the proposal includes a cut along the western edge with excavation varying from 6' to 18'*. Stating that the plan is an allowable use for this site, the Planning Commission reviewed and conditionally approved the - .! proposal, acknowledged the concerna raised by Mr. Knect and u the Town's ability to enforce its Zoning Regulations, and the limited property for development of this category, it was A moved and seconded (Dekker/Marshall) the Impervious Coverage - of 47.2% be approved, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Marshall, Miller and Pauley. Those voting "No" none. Those "Abstaining" Trustee Gillette. Trustee Gillette resumed his position on the Board. C. Fish Creek Addition Annexation ; (formerly submitted as Waterbury Addition). As the Planning Commission continued L this annexation to their meeting scheduled September 19th, the ~, Town Board Public Hearing must, therefore, also be continued. It was moved and seconded (Gillette/Dekker) the Fish Creek Addition Annexation be continued to September 26, 1995, and it passed unanimously. D. Final Plat of Grev Fox Estates. Second Filing. Richard & Ann Barlow/Applicant. Mayor Dannels opened the Public Hearing. Director Stamey reviewed the proposal to divide the 66.7-acre site into 13 single-family lots. The Second Filing is being developed concurrently with the First Filing. Planning Commission conditions have been met, and the Attorney's Certificate has been received. A change is being made to the Letter of Credit, and staff requested the plat not be recorded pending confirmation that the change has been made. Attorney White noted that the Bank has approved the change, and verification should be received via fax this week. There being no further testimony, Mayor Dannels declared the Public Hearing closed. It was moved and seconded (Dekker/Marshall) the Final Plat of Grey Fox Estates, Second Filing be approved and that the Plat not be recorded as described above, and it passed unanimously. E. Amended Plat Of Lot 2. James Subdivision. Tad & Dean Wariner/Applicant. It was moved and seconded (Gillette/Pauley) the Amended Plat be continued to September 26, 1995, and it passed unanimously. F. Resolution #22-95 - Intent to Annex Mignerv Addition. Town Board of Trustees - August 22, 1995 - Page 4 Attorney White read the Intent to Annex Resolution which refers same to the Planning Commission for their consideration and recommendation. It was moved and seconded (Pauley/Gillette) Resolution #22-95 be approved, and it passed unanimously. G. Petition to Rezone Portion of Storer Ranch Addition. Attorney White acknowledged receipt of a Petition to rezone a portion of Storer Ranch Addition from C-0 Commercial Outlying to E- Estate. The Petition was submitted by 23 neighbors to the Storer Ranch Addition. The State Statutes do not provide guidance nor procedure as to how to deal with the petition; however, staff believes the Board has two options: (1) disagree with the petition and take no action, or (2) refer the petition to the Planning Commission for their review and recommendation. Staff confirmed that the petitioners are not the land owners. Ralph Nicholas, Chairman/Lone Pine Acres Residents, presented an updated petition for a total of 59 signatures. The motivation for the petition is based upon the Talmey-Drake community survey which found growth as the most important problem facing the community. Proponents believe the site should be considered in its entirety; this site also serves as the winter range for an elk herd. In 1984, the property was annexed and a 35-acre tract was zoned C-0. When the land was under Larimer County jurisdiction, 600' was designated for commercial use and the remainder for residential. The Comprehensive Plan also calls for 600' of C- O and the remainder residential. Carol Prince, 1720 High Pine Dr., addressed the.Trustees with reasoning for the rezoning, i.e. return the site to its original and appropriate zoning; specific geologic features have been identified in the Comprehensive Plan (earthquake fault); key wildlife area; and population density. There being no further discussion, it was moved and seconded (Pauley/Gillette) the Petition to Rezone a Portion of Storer Ranch Addition be referred to the Planning Commission, and it passed unanimously. 2. Introduction of Ordinances adopting the 1994 Edition of Uniform Building Codes. Town Attorney White introduced four separate ordinances relating to adoption of the Uniform Building Code, Plumbing, Mechanical, and Abatement of Dangerous Building, all 1994 Editions. The Public Hearing for adoption of the Codes is scheduled September 12, 1995. Copies of the Codes will be available in the offices of the Town Clerk and Building Official. 3. Special Event Liauor Permit - Sunrise Rotarv Club/Autumn Gold Event. Trustee Pauley declared a potential conflict of interest and stated he would not participate in discussion nor vote on this item. Clerk O'Connor advised the Sunrise Rotary Club is requesting a Special Event Liquor Permit for the Autumn Gold Event scheduled September 23 and 24, 1995 in Bond Park. It was moved and seconded (Gillette/Dekker) the Special Event Permit for Sunrise Rotary 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 Pauley. 4. Ballot Title for Park Entrance Estates S.I.D. (election November 7. 1995). It was moved and seconded (Gillette/Pauley) this item be continued to September 12, 1995, and it passed unanimously. 5. Estes Vallev Librarv District: Resignation and Re-Appointment. It was moved and seconded (Dekker/Marshall) the Town accept the resignation of Steven Little and Re-Appointment of Barbara Ludwig, and it passed unanimously. Ms. Ludwig previously served on the Library Board and she will complete a 4-yr. term, expiring December 31, 1995. Board of Trustees - August 22, 1995 - Page 5 6. Town Administrator's Report: A. Youth Center - Modular Building Lease Purchase Agreement. Administrator Klaphake presented said Lease Purchase Agreement for the Youth Center Modular Building. The Town and School District Will provide capital responsibility, and the Recreation District will provide operations and maintenance responsibilities. The 5-year Agreement contains one-year renewal options, and interest rates were quoted as follows: Estes Park Bank ................. 5.99% Key Corp. ... 6.39% First National Bank ............. 6.93% Park National Bank ... ........... 7.00% It was moved and seconded (Pauley/Gillette) the Mayor be authorized to execute the Lease Purchase Agreement in the amount of $59,925 at 5.99% Interest provided by the Estes Park Bank, and it passed unanimously. There being no further business, Mayor Dannels adjourned the meeting at 9:00 P.M. H. B.' Dannels, Mayor Vickie O'Connor, Town Clerk I I . BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Town Board Study Session August 23, 1995 Board of Trustees: Mayor Dannels, Trustees Dekker, Doylen, Gillette, Marshall, Miller and Pauley Attending: Mayor Dannels, Trustees Dekker, Doylen, Gillette, Marshall and Miller Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Clerk O'Connor Absent: . Trustee Pauley Mayor Dannels called the meeting to order at 4:00 P.M. TOWN BOARD GOALS AND ACTION ITEMS - REPORT. Ass't. Administrator Widmer reviewed the Progress Report, a copy of which is made a part of the record of these proceedings by reference, for Town Board Goals and Action Items. A copy of the "Vision", "Mission" and "Goals" statements included in the 1995 Quality Improvement Implementation Plan was also reviewed, and staff suggested the Town consider adopting these or similar such statements in the near future. SENIOR CENTER REMODELING PROJECT - REOUEST AUTHORIZATION TO SUBMIT GRANT APPLICATION. Administrator Klaphake summarized the Center's needs: kitchen remodeling, conversion to ADA restrooms, handicapped access concerns, dining room space, and cosmetic upgrade. Thorp and Associates withstood the cost of design and prepared a preliminary design which will provide the minimum information needed to seek grants. Senior Center Representative, Don Tebow h reported that the concept , for this Project began 18 months ago, and he unveiled a rendering of the building. At this time, the Center serves meals on a daily basis, to 50 seniors, with 28/30 receiving meals on wheels. In addition to providing service to the elderly, the Center is being utilized for meeting space for 12-15 other organizations. Thorp has estimated a remodeling cost of $65.00/sq. ft.; should bids exceed this estimate, the scope of the project will be reduced. Mr. Tebow advised that the Center is requesting Town assistance by seeking grants. A "catalog of needs" will be prepared by the volunteers in an effort to obtain donated items/furnishings. Consensus was reached to authorize grants be prepared and submitted for funding of the Project. Staff will prepare a budget estimate for the September 12 Town Board meeting. Acting upon staff's request, consensus was reached to enter Executive Session to discuss personnel matters. Whereupon, Mayor Dannels adjourned the meeting to Executive Session at 4:35 P.M. C. }I 1/ , Vickie O'Connor, CMC/AAE, Town Clerk BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee August 24, 1995 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Manager Sievers, Clerk O'Connor Absent: None Chairman Gillette called the meeting or order at 8:01 A.M. and advised that Agenda items would be shifted to accommodate CDOT Representatives; however, the minutes correspond to the printed Agenda. BRONZE SCULPTURE SITE SELECTION - REFERRAL. At their meeting held July 19, 1995, EPURA recommended the installation of a life-size bronze cougar sculpture in Riverside Plaza. EPURA and the Town would fund installation of the rock base. Funding for the sculpture is being raised with leadership of the Rotary Club. The , Committee recommends approval of the recommended site in Riverside Plaza, and the joint funding by EPURA and the Town. WATER DEPARTMENT WATER LINE PROJECT - REOUEST APPROVAL OF CHANGE ORDERS. To date, the Committee has approved $15,600 in change orders. At the June 22nd Committee meeting, staff was to verify the change order of $17,183.60 for additional asphalt. The change order " quantity has now been field-measured and the change order has been reduced by $4,723.60 for a total of $12,460. The original contract amount is $230,266; change order totals are $15,600 and $12,460 for a final contract amount of $258,326. The budgeted amount is $250,000, and the additional $8,326 will be funded from the Highway 7 Water Main Project which has been postponed. The Committee recommends the change order for the amended amount of $12,460 be approved. WATER DEPARTMENT WATER TANK PROJECT (GLACIER CREEK AREA). Staff requested authorization to bid the project for a one-million gallon tank near Glacier Creek. The budget contains $750,000; design will be complete in the next two weeks; and the bids are to be returned in October. Staff is negotiating an Agreement with the YMCA concerning construction start dates, and upon execution by the YMCA, staff will submit the Agreement to Town Attorney White. Staff anticipates the Committee will review the Agreement in September. The Committee recommends staff be authorized to bid the project as identified above. CDOT HIGHWAY 7. HIGHWAY 34. AND ELKHORN AVENUE PROJECTS - SCHEDULING UPDATE. Pursuant to the Committee's recommendation concerning construction during the summer season, Director Linnane prepared and requested cDOT consider the following construction schedule during the "peak season" (June 15 - Sept. 15): BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee - August 24, 1995 - Page 2 Highway 7 Widening Proiect. Begin construction March 1, 1997 (weather permitting) Temporarily halt construction June 15 Begin construction September 15 Complete construction November, 1997 (or later) Highway 34 Widening Project Begin construction March 1, 1996 (weather permitting) Temporarily halt construction June 15 Begin construction September 15 Complete construction November, 1996 (or later) Highway 34/East and West Elkhorn Millina/Overlavina Protect Construction schedule is the same as the Highway 34 Widening Project. Suggest milling and overlaying be performed at night. Doug Ramos, CDOT Regional Director, appeared before the Committee and confirmed that CDOT will be sensitive to the concerns and needs of the community, and he stated a plan would be presented to help allay those concerns. He introduced Dave Forsyth, Design Engineer, who presented drawings of the projects and identified construction plans. Doug Pearson, Construction Office/Loveland, commented that their contract could prohibit work after 6:00 P.M. on Friday until 6:00 A.M. on Monday; however, this stipulation will lengthen the time of construction. Lou Garton/Regional Construction Engineer, reported on CDOT's public relations program where telephone/fax numbers are published, and partnership sessions are held with the community. These sessions have proven to be very successful at other construction sites. Mr. Ramos presented a letter from Gary Wardell, Mayor/Town of LaSalle which stated that Lasalle was completely satisfied with the cooperation that CDOT and the general c4ntractor provided the Town and its citizenry. Concerning the overlay on Elkhorn Avenue, the roto-milling and paving may occur at night; however, due to anticipated night temperatures, paving may be difficult. Staff requested the milling match the curb and gutter and also that the extreme cross-slopes be eliminated. CDOT will review and comment on cross-slope milling. CDOT will bid all of Highway 34 and Elkhorn Avenue as one project, with separate parameters for each. If construction is started in April, CDOT anticipates completion in 80 working days (August 11). CDOT's general contractor is to contact all affected property owners and advise them on how access will be accomplished and how work is being done at their site. Following additional discussion, the Committee recommends staff and CDOT schedule meetings (while all business owners are in operation), following the Scottish Festival to apprise everyone (motel owners, downtown merchants, residents, and emergency services) of CDOT's construction plans, with construction from Memorial Day to Labor Day to cease at 6:00 P.M. on Fridays, and begin at 6:00 A.M. on Mondays, including holidays (such time constraints may be amended by the affected property owners). Director Linnane is to coordinate the mailing effort for the public notices. Chairman Gillette expressed his appreciation to CDOT for their presentation, stating CDOT has been responsive to the Town's concerns. BRADFORD......ING CO. RECORD OF PROCEEDINGS Public Works Committee - August 24, 1995 - Page 3 1995 STREET OVERLAY PROJECT - REOUEST AUTHORIZATION TO AWARD BID. The 1995 Budget contains $150,000 for the improvement and maintenance of the roadway infrastructure. The slurry seal portion, $50,000, was previously approved. Bid packages were issued to six paving companies and bids were received on August 22: Company Bid Bituminous Roadways, Longmont ........ $109 ,372 Western Mobile, Boulder .............. 122.550 Connell Resources, Ft. Collins ....... 135,650 Bestway Paving, Greeley .............. No Bid Coulson Excavation, Loveland ......... No Bid Kehn Construction, Ft. Collins ....... No Bid A total of $14,363 was carried over from the 1994 Budget and it will be added to the 1995 Budget which will allow for a 5% contingency. Staff is researching references for Bituminous Roadways. The Committee recommends accepting the low bid submitted by Bituminous Roadways, and allowing expenditures of the budgeted amount. Staff is to report on the reference check during the September 12 Town Board meeting; should a problem arise, the bid is to be awarded to the next lowest bidder, directing staff to reduce the project scope accordingly. E.V.R.P.D. GOLF COURSE MANAGEMENT AGREEMENT - APPROVAL. In a letter dated June 15, 1995, Executive Director Gengler advised that the District is seeking an amendment to the Operating Agreement for the Estes Park Golf Course. The District desires to renew the Agreement for an initial five-year period, with an option to renew for an additional five-year period, including automatic one-year renewals following the end of either five-year period. As , stated at the Committee meeting June 22,.1995, the request is based upon the District's financial long-range planning, added security for lease-purchase agreement, and the security of a long-term agreement with the Town. Chairman Gillette acknowledged a letter dated July 17, 1995 submitted by Henry F. Pedersen, Jr. which, in summary, urged the Town to require the District to rid their areas of litter, spray for weeds, remove trash and rotting boats, and exhibit sound leadership. Consensus of the Committee was to deny the request, stating further action is not required as the Agreement will automatically renew on one-year intervals. If the District so desires, the Town could issue a letter to assist EVRPD on their financial planning with regard to purchases, etc. REPORTS. The Committee reviewed the Customer Service Response and Water Reports for June. There being no further business, Chairman Gillette adjourned the meeting at 9:24 A.M. - Vickie O' Connor, CMC/AAE, Town Clerk BRAOFOR[>puell*MING CO. RECORD OF PROCEEDINGS Community Development Committee September 7, 1995 Committee: Chairman Doylen, Trustees Dekker and Marshall Attending: All Also Attending: Directors Stamey, Kilsdonk and Hinze, Advertising Manager Marsh, Clerk O'Connor Absent: Town Administrator Klaphake Chairman Doylen called the meeting to order at 8:03 A.M. COMMUNITY DEVELOPMENT. 1995 Advertising Report. Copies of Fall ads placed in the Midwest Motorist, Travel Holiday, National Geographic Holiday, Texas Monthly, '5280', Country Home, Midwest Living, and Outside were reviewed. An ad placed in Audubon was generated and paid for by the Betterment Fund. USA Weekend was responsible for 9,326 responses as of this date last year; removing USA Weekend from the comparison, 1995 responses are down 7% from 1994. Staff anticipates that Estes Park will realize a2-3% decrease from 1994. The decrease in tourism is also being observed in neighboring states and/or regions. As of July 31, incoming 800 calls totaled 50,579 or 3% down from 1994. During the 14-week period ending August 27, 7,537 people have access the Virtual Visitors Guide web site. Of those, 191 (2%) have requested more information via E-mail. Five of the nine magazines carrying the Fall ads have been cited in nine E-mail responses as the source of obtaining the web site address. The original intent in establishing E-mail response was to provide an alternative response vehicle; however, staff believes Estes Park is instead reaching a new market. On August 25, a Special Policy Committee meeting was held to evaluate the suggestion list generated at the joint meeting (Business Community and Advertising Policy Committee) in July. Using "Quality Management" techniques, the suggestion list containing 26 items were reduced to: 1. Weather Alerts/Travel Advisories. 2. Educate the community on sales tax benefits. 3. Necessity for local shuttle/transport. 4. Take a long-term view (3-5 years). Item #1 has been implemented by Manager Marsh and these advisories include highway construction work/delays, and special events. Staff is working with RMNP for advisories on elk and Fall color spots to broaden these reports. Item 02 will be addressed by the Betterment Committee and Accommodations Group with radio and newspaper spots. Where sales tax dollars come from and where these funds are expended will be addressed through research initiated by the Policy Committee. Item #3 has been assigned to Ass't. Administrator Widmer. Item #4. The Advertising Policy Committee has and continues to examine long-term views; however, the Committee will expand BRADFORD PUMLISHING COÂ· RECORD OF PROCEEDINGS Community Development Committee - September 7, 1995 - Page 2 their work in this area. Manager Marsh will be attending the Annual 3CMA Conference in Denver and will give a presentation on the Internet. MUSEUM. Advisory Board Update. The Advisory Board has elected Susan Harris as President, following the resignation of Frank Hix. Ms. Harris will serve as President though 1995. Programs. The Museum is sponsoring a 4-WD trip through the Pierson Park and Elk Park area on September 23. Donald Smitherman, owner of Elk Park Ranch since 1962 will be on hand to talk about the history of his ranch. Also on September 23, the Museum will host a Newcomers Group party and tour. On September 16, the Friends will sponsor a Volunteer Recognition Picnic at the MacGregor Ranch. Employees. Betty Swanson (Green Thumb employee) has developed a flyer advertising the availability of Museum photographs for duplication. The flyer was distributed to area lodges, frame shops and art galleries. Bridget Carlin (part-time staff member) was recently awarded a full scholarship to attend the annual meeting of the Mountain-Plains Museums Association in Cheyenne. Statistics. Visitation for July was 984 as compared to 1,081 for the same period last year. strategic Plan. The Town approved the Museum's Mission Statement in May, 1995, which included eleven long-term objectives in the areas of management, facilities, operations, programs and exhibits, collections, marketing and participation, and funding. The Committee reviewed one and two-year action plan items developed by the Advisory Board, Friends Board and staff to meet said objectives. SPECIAL EVENTS. Sidewalk Sale. Staff requested approval of the Annual Sidewalk Sale scheduled October 7 and 8, 1995. Established guidelines will be enforced which includes a requirement for all participating businesses to possess a current Business License. Restaurants were urged to participate by providing lunch specials. Front-range advertising will begin October 2nd. The Committee recommends approval of the 1995 Sidewalk Sale. christmas Parade Permit. The Christmas Parade is scheduled November 24, 1995 and the route is from Spruce Street east on West Elkhorn Ave. to the Chamber of Commerce Parking lot. The committee recommends approval Of the Parade Permit as presented. Director Hinze reported on a meeting held with the State Patrol, Chamber of Commerce, and Jim Durward to resolve traffic concerns relative to parades on Elkhorn Ave. As a result, the State donated 24 signs to the Town alerting traffic to "expect delays due to special events." The signs will be placed as far down Highway 36 as Meadowdale Hills. Detour signs, directing traffic to specific locations , are also being provided. The Town purchased the stands for the signs and they will be introduced for the Scottish Highland Parade on Saturday, September 9. I ....FORD.U.LISHING.0 RECORD OF PROCEEDINGS Community Development Committee - September 7, 1995 - Page 3 Sunrise Rotary Club - Hayrides. The Sunrise Rotary Club is requesting authorization to provide hayrides during the Autumn Gold Festival September 23 and 24, 1995. Aspen Lodge will provide the rides and they will utilize the Town's pre- approved route utilizing the Transit Center, MacGregor Ave., and Bypass, returning to the Center. The Committee recommends approval of the request as submitted. Rooftop Rodeo Committee 1996 Membership Roster. The Committee reviewed said roster. Director Hinze confirmed election of officers: Gary 0'â‚¬onnor/President, Jo Adams/Vice President, and Trudy Carra de Salero/Secretary. The Committee recommends approval of the Membership Roster as presented. Event Critique. The Silver Dollar Hunter-Jumper Show was held July 25 - August 6 for the 13th year. The event was successful in spite of a false alarm on the "VS" disease which, among other animals, is affecting horses. A brief quarantine order was issued, and staff expressed their appreciation to the Police Department for their security measures. The Westernaires have held shows at the Fairgrounds for 37 years, and attendance records were surpassed this year. The Fire Dept. Labor Day Craft Sale was well attended and quality merchandise was displayed. Staff commended Chief - 2 Rumley and the Department for a job well done. Miscellaneous. Staff called attention to the plaid banners recently installed for the Scottish Highland Festival. The banners are displaying the "official" Estes plaid. There being no further business, Chairman Doylen adjourned the meeting at 8:50 A.M. 97J60 1Â».2 Vickie O'Connor, CMC/AAE, Town Clerk BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment September 5, 1995 Board: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Attending: All Also Attending: Community Development Director Stamey, Building Official Allman, Town Attorney White, and Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. MINUTES The minutes of the June 6, 1995 meeting were accepted as presented. FALL RIVER ADDITION. TRACT 42, 465 WONDERVIEW, C. FRANK HIX/ APPLICANT -- REQUEST FOR VARIANCE FROM USE RESTRICTION IN THE E- ESTATE ZONING DISTRICT. Chairman Doylen and Member Newsom declared conflicts of interest, and stated they would not participate in the discussion nor vote. Chairman Doylen turhed the Chair over to Vice Chairman Sager, and both Doylen and Newsom vacated the room. Vice Chairman Sager explained the procedure for conducting an orderly meeting, adding that all persons would be given the opportunity to speak. Building Official Allman stated the Applicant is appealing Staff's determination that the Stanley Steam Tour Company is being operated as a business from 465 W. Wonderview, in the E-Estate zoning district. Section 17.16.020, of the Municipal Code prohibits business uses in E-Estate zoning districts. The only exception is home occupations which do not change the character of the property for residential purposes. Allman explained that drivers for the Stanley Steam Tour Company arrive at the site, park their vehicles for the duration of their shift, and leave with the Steamer. At Staff's request, signs and the above-ground fuel tank have been removed. Attorney White explained that this is not a hearing to grant a variance. The Board of Adjustment's responsibility, as written in Section 17.36.010, C, 1(a) is: "To hear and decide appeals from, and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of the regulations established by this title." Building Official Allman issued notice to Mr. Frank Hix, Stanley Steam Tour Company, that he is operating a non-permitted business in the E-Estate zoning district. The Code does not define a business; therefore, the Board is to determine if this is a business operating at 465 W. Wonderview as maintained by Staff. The Town has not taken a stance on casual employee travel to the home but this is in consideration of "regular" employee travel to the site. Town Administrator Klaphake explained that business people are allowed to take their vehicles home but having employees come and go on a regular basis is a separate ruling. Any decision made by the Board to determine where a business starts and stops will be a precedent for other residential neighborhoods and cannot be appealed to the Town Board. Applicant Hix, trustee of the ownership of the 465 W. Wonderview property and 50% stockholder in the Stanley Steam Tour Company, stated that the business is operated on the downtown Estes Park public streets and associated stops, and brochures and the phone book lists 363 E. Elkhorn Ave., Suite 201, as the location to book reservations. Mr. Hix provided a historical background of the Steamer, and emphasized that relocation would cause a hardship and threaten the existence of the company due to the cost of commercial BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Board of Adjustment, September 5, 1995 - Page 2 property and time constraints. Mr. Hix further reported that the neighboring property owners stated no objection to the employees parking their cars at 465 W. Wonderview, adding that it would not be practical, nor would it resolve the situation, for him to drive the Steamer off the premises to 363 E. Elkhorn Ave. The stockholders of the Stanley Steam Tour Company discontinued operations as of August 19 pending an appeal to the Board of Adjustment. Director Stamey reported letters supporting the business were received from: Stanley and Lorraine Gray, 490 Wonderview Dr. ; Patricia Newsom, 450 W. Wonderview Ave. ; Omer Raup, Lakewood, Colorado; and Earl Gunther, 450 Far View Ln. Ross Brown, 411 W. Wonderview Ave., stated that the Town made an erroneous decision as the business is not a commercial undertaking; added that employee vehicles are not parked there 365 days a year; and compared this situation to parking his private vehicle in his driveway with a sign on the side advertising his business. Bill Van Horn stated that enforcement will be difficult due to the many businesses in violation of this proposed determination. Member Gillette questioned why this is being considered when all correspondence received is in favor of the business continuing at this address. Director Stamey explained that a written complaint from neighbors was recei*ed, and the Town is obligated to follow up on all complaints. Vice Chairman Sager regretted that it became necessary to question the Staff's findings as the Code is comprehensive stating that the only items allowed in E-Estate are: a single family dwelling, and, by Special Review, room and board. Member Dekker noted this is a unique situation in that if there was a residence near the garage and the owner took the Steamer out every day as a contractor would his vehicle, there would probably be no question, but in this case, the garage is separated from residences, employees are parked at 465 W. Wonderview on a regular basis, and the business seems to be conducted from that point for the rest of the day, making it difficult to distinguish between this Â·business and other businesses. Vice Chairman Sager stressed that the Board is considering the evidence and Staff's findings in this particular instance only. There being no further discussion, it was moved and seconded (Gillette-Dekker) that the Applicant's appeal be denied and that Staff acted appropriately in making the determination that the Stanley Steam Tour Company is a business located at 465 W. Wonderview, and it passed unanimously. Member Dekker noted that it will become critical that zoning ordinances continue to be enforced. Member Gillette repeated that this appeal was to verify that a business is being conducted at 465 W. Wonderview and was not a zoning request. Chairman Doylen resumed her position on the Board of Adjustment. TOWN OF ESTES PARK. SECOND AMENDED PLAT. LOTS 7. 8. 25 AND PART OF 24. BLOCK 10. 321 BIG HORN DRIVE. REX MILLER/APPLICANT -- SETBACK AND DENSITY VARIANCES Director Stamey reported that the Applicant is requesting two variances. Based on the size of the lot, 13 multi-family dwelling units (3 or more units per building) could be allowed under Special Review, requiring 10,500 sq. ft. of land area per unit. A variance is required because the applicant is requesting to develop 2 single-family units, 4 duplexes, and 1 triplex, for a total of 13 units. The zoning ordinance provides different land area requirements, based on unit type. The proposed configuration would require 171,500 sq. ft. of land area, compared to the site area of 136,585 sq. ft. Multi-family projects subject to Special Review must provide a 30' perimeter buffer setback. In this proposal, the triplex to be built in the area of the ruins has a proposed 27' setback, instead of 30' as required by Special rReview,Â·rand aÂ·,single-family.;unit.,at, ther -eastern, edge..of-.the..site . . .- . has a proposed 12' setback, instead of 30'. The existing land is BRADFOMDIUMLISHING.0. RECORD OF PROCEEDINGS Board of Adjustment, September 5, 1995 - Page 3 vacant, zoned R-M Multi-Family, consisting of 3.14 acres. Director Stamey noted that any action by the Board does not include approval of the site plan, which must be considered under Special Review by the Planning Commission and Board of Trustees. Applicant's Representative Bill Van Horn reported that the proposal is the result of negotiations with the existing Lewiston Condominium Homeowner's Association. The decision on the site and size of the buildings was made to accommodate site features, including rocks and trees; and to minimize building height, limiting buildings to one story (15') and lessening intrusion on the surrounding view corridors. The Applicant considered a lot split to avoid the 30' buffer setback requirement. Tentative construction drawings of the buildings were distributed. Curtis Seers, attorney for the Lewiston Condominium Association, reported that the Homeowner's Association is actively involved in the development and is in favor of the proposal, with single-story buildings. Larry Heckel, owner of Lots 4 & 5, spoke in favor of the proposal, noting that he will meet with the owners and developers to discuss possible easement considerations. Letters of opposition were received from Jeanne & Henri LaVigne, 271 Big Horn Dr.; and Virgil Holtgrewe, 321 Big Horn Dr. Henri LaVigne stated the proposed 12' variance request would have an adverse affect on his property. Van Horn noted that the Lavigne's building is encroaching into current setback requirements; but it was explained those buildings were constructed before*the setback requirements. Judy Nystrom, realtor, is in opposition to the 12' setback as the property at 271 Big Horn Dr. is for sale and she has been informing prospective buyers that the setback is protected. To avoid the 30' buffer setback variance, Member Newsom suggested a reconfiguration of the single-family unit, and Member Sager suggested relocation of the sewer line. Van Horn acknowledged that these suggestions would be considered. Chairman Doylen suggested that the roadway be confined to one arterial. Van Horn explained the proposed driveway configuration is an attempt by the Applicant to retain the terraced wall which is a representation of the historical site of the Lewiston Hotel. It was moved and seconded (Gillette-Dekker) that the density variance to allow 13 dwelling units (2 single family units, 4 duplexes, and 1 triplex) be approved, considering suggested building configurations, allowing for maintenance of unique site features, and as a condition of the variance, limit the buildings to single story, noting that this approval does not preclude the Special Review process, and it passed unanimously. It was moved and seconded (Gillette-Sager) the 27' setback in the ruins area of this development be approved, and it passed unanimously. It was moved and seconded (Sager-Gillette) to deny the setback variance on the east side for the building adjoining Lot 9, and it passed unanimously. There being no further business, Chairman Doylen adjourned the meeting at 9:20 a.m. 11.. K jU Tina Kuehl, Deputy Town Clerk RESOLUTION WHEREAS, the Town Attorney, Gregory A. White, has informed the Board of Trustees that due to a conflict of interest, he cannot pursue certain alleged municipal code violations involving the Elkhorn Lodge; and WHEREAS, it is necessary to appoint a Special Prosecutor for the purpose of representing the Town in the prosecution of said alleged municipal code violations. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, Colorado: Section 1. John P. Frey of Frey, Korb, Haggerty and Michaels of Fort Collins, Colorado Â·is hereby appointed Special Prosecutor for the purpose of pursuing and prosecuting any and all municipal code violations relating to the Elkhorn Lodge including, but not limited to, causes of action in the Estes Park Municipal Court, Larimer County Court, and Larimer County District Court. Section 2. John P. Frey, acting as Special Prosecutor, shall have all of the rights and responsibilities of the Town Attorney in representing the Town of Estes Park. PASSED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 1995. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk 44Â« TOWN OF ESTES PARK Gary F. Klaphake Town Administrator - h t ' . 1 Â».9. --.n k : 'BLF*(TY-:-Â·.67%4 - , fâ€¢, 1, $ 'll . - >. ..1-22 . Â»2<24/~01 id'/1*1~ 2 4/1,1 4- 1 1..A ....1, : f f. /..1 / Â» 1, 1 -t:y\;%3:~.,17-3~Â£71r--- - 1, l / â‚¬ Estes Park, Colorado 80517 tr r - MEMORANDUM August 28, 1995 TO: Honorable Mayor Dannels Board of Trustees FROM: Gary Klaphake ~'0Â£- * Town Administrator RE: APPOINTMENT OF POLICE CHIEF The Public Safety Committee has interviewed Randy Repola for the position of Police Chief. The Committee recommends Mr. Repola be promoted to Police Chief. Recommendation: Motion to appoint Randy Repola as Police Chief effective September 12, 1995 at a salary of $51,000 per year. P. O. Box 1200 Telephone (303) 586-5331 â€¢â€¢AD,ORO.U.u.,...a cO. RECORD OF PROCEEDINGS . Town Board Study Session August 23, 1995 Board of Trustees: Mayor Dannels, Trustees Dekker, Doylen, Gillette, Marshall, Miller and Pauley Attending: Mayor Dannels, Trustees Dekker, Doylen, Gillette, Marshall and Miller Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Clerk O'Connor Absent: . Trustee Pauley Mayor Dannels called the meeting to order at 4:00 P.M. TOWN-BOARD GOALS AND ACTION ITEMS - REPORT. J-I Ass 't. Administ?-Widmer reviewed_the.-PrE-ir-*ss Report, a copy of which is made a partxst.-the--râ‚¬Eord of these proceedings by ref erence, for Town Boand-GER:ts-and Action Items. A copy of the "Vision", "Missiond "Goals" sâ‚¬Rtmmentq~~jncluded in the 1995 Quality Imewâ€¢Ement Implementation Plan wai-FlaQ_ reviewed, and sta f f 3119*sted the Town consider adopting these orimilarsuch s~*ements in the near future. SENIOR CENTER REMODELING PROJECT - REOUEAT AUTHORIZATION TO SUBMIT J.A. GRANT APPLICATION. Administrator Klaphake summarized the Center's needs: kitchen ,-â€¢52 remodeling conversion to ADA restrooms, handicapped access .,0495~ concerns, dining room space, and cosmetic upgrade. Thorp and 4< - iLLT Associates withstood the cost of design and prepared a preliminary design which will provide the minimum information needed to seek grants. Senior Center Representative, Don Tebowh reported that the concept for this Project began 18 months ago, and he unveiled a rendering of the building. At this time, the Center serves meals on a daily basis, to 50 seniors, with 28/30 receiving meals on wheels. In addition to providing service to the elderly, the Center is being utilized for meeting space for 12-15 other organizations. Thorp has estimated a remodeling cost of $65.00/sq. ft.; should bids exceed this estimate, the scope of the project will be reduced. Mr. Tebow advised that the Center is requesting Town assistance by seeking grants. A "catalog of needs" will be prepared by the volunteers in an effort to obtain donated items/furnishings. Consensus was reached to authorize grants be prepared and submitted for funding of the Project. Staff will prepare a budget estimate for the September 12 Town Board meeting. Acting upon staff's request, consensus was reached to enter Executive Session to discuss personnel matters. Whereupon, Mayor Dannels adjourned the meeting to Executive Session at 4:35 P.M. Vickie O'Connor, CMC/AAE, Town Clerk 4 4 4 TOWN OF ESTES PARK Gary F. Klaphake 77 , - Town Administrator -*,944*21.- _.,12 A * & ##9r_-244,re,00%%,12"FrvIAN*f)tlÂ¥~r , : / --- --- , : ~Â·Â» r .--5-Â·.Â»u~ - 0 , y,j<;~~t, ' FL C\VI Â¥~,~ ft J)44~,1 r . 2.:'. --- -k>--tt . 6.-4. Â¥ty Â· ZE,S r Vit.;Mt:Â¥>2,1~Â£-&~4' #5/0/341 *4 f.zb r Estes Park, Colorado 80517 August 28, 1995 TO: Honorable Mayor Dannels Board of Trustees FROM: Gary Klaphake l r IfÂ·-- ' Town Administrator RE: TOWN ADMINISTRATOR'S EMPLOYMENT AGREEMENT Since my employment beginning in 1988, we have used an employment agreement to describe my compensation and benefits. The agreements are intended to be renegotiated at the end of the third year or expire at the end of the fifth year (12/31/97). , .. I have assembled Administrator's salary data from comparable communities. I did not use the data from Loveland, Longmont, Greeley, and Fort Collins that was included in the Town's pay study. 1995 Communitv Annual Base Salary Aspen $75,132 Blackhawk $63,000 Breckenridge $83,004 Brighton $66,696 Castle Rock $75,312 Central City $69,180 Crested Butte $60,000 Durango $78,960 Glenwood Springs $69,996 Golden $80,004 Lafayette $80,340 Louisville $65,004 Steamboat $75,600 Telluride $79,992 Estes Park $71,700 The proposed agreement is for a 5-year period (1996-2000) with adjustments based on the Boulder/Denver cost-of-living index. P O. Box 1200 releplinne (30-31 386-Â·3331 BNADFORD PU~.IMINGCO. RECORD OF PROCEEDINGS Public Works Committee August 24, 1995 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Manager Sievers, Clerk O'Connor Absent: None Chairman Gillette called the meeting or order at 8:01 A.M. and advised that Agenda items would be shifted to accommodate CDOT Representatives; however, the minutes correspond to the printed Agenda. WATER DEPARTMENT WATER LINE PROJECT - REOUEST APPROVAL OF CHANGE 3.A. ORDERS. To date, the Committee has approved $15,600 in change orders. At the June 22nd Committee meeting, staff was to verify the change order of $17,183.60 for additional asphalt. The change order quantity has now been field-measured and the change order has been reduced by $4,723.60 for a total of $12,460. The original contract amount is $230,266; change order totals are $15,600 and $12,460 for a final contract amount of $258,326. The budgeted amount is $250,000, and the additional $8,326 will be funded from the Highway 7 Water Main Project which has been postponed. The Committee recommends the change order for the amended amount of $12,460 be approved. 12.2.LSTREELOYERLAYPROJECT--REQUEST-AUTHORIZATION TO AWARD BID. 3.6. maintenance of the roadway infrastructure. The slurry seal The 1995 Budget contains $150,000 for the improvement and portion, $50,000, was previously approved. Bid packages were issued to six paving companies and bids were received on August 22: company liA Bituminous Roadways, Longmont ........ $109 ,372 Western Mobile, Boulder .............. 122.550 Connell Resources, Ft. Collins ....... 135,650 Bestway Paving, Greeley .............. No Bid Coulson Excavation, Loveland ......... No Bid Kehn Construction, Ft. Collins ....... No Bid A total of $14,363 was carried over from the 1994 Budget and it will be added to the 1995 Budget which will allow for a 5% contingency. Staff is researching references for Bituminous Roadways. The Committee recommends accepting the low bid submitted by Bituminous Roadways, and allowing expenditures of the budgeted amount. Staff is to report on the reference check during the september 12 Town Board meeting; should a problem arise, the bid is to be awarded to the next lowest bidder, directing staff to reduce the project scope accordingly. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS community Development Committee - September 7, 1995 - Page 2 44 4, - ~,22 Rooftop Rodeo Committee 1996 Membership Roster. The Committee reviewed said roster. Director Hinze confirmed election of ick* officers: Gary O'Connor/President, Jo Adams/Vice President, and Trudy Carra de Salero/Secretary. The Committee recommends V- approval of the Membership Roster as presented. SPECIAL EVENTS. Sidewalk Sale. Staff requested approval of the Annual Sidewalk Sale scheduled October 7 and 8, 1995. Established guidelines will be enforced which includes a requirement for all participating businesses to possess a current Business License. Restaurants were urged to participate by providing lunch specials. Front-range advertising will begin October 2nd. The Committee recommends approval of the 1995 Sidewalk Sale. ROOFTOP RODEO COMMITTEE 1996 MEMBERSHIP NAME PHONE ADDRESS Adams, Jo - Vice President 6-3463 PO Box 509 Brown, Mitch 6-4819 PO Box 1272 Brumleve, JerrY 6-8242 PO Box 3234 Carra de Salero, Trudy - Sec. 6-3865 PO Box 195 Cunningham, Carol 6-0223 PO Box 4166 Cunningham, Don 6-0223 PO Box 4166 Dill, Rick 6-8477 PO Box 470 Downing, Bobbi 6-0416 1861 Raven Ave. Downing, Paul 6-0416 1861 Raven Ave. Hobert, Ken 6-9519 PO Box 1992 Jenista, Chief 6-4461 PO Box 360 Johnson, Glen 222-3249 PO Box 360 c/o Chief's Kingery, Steve 6-8212 PO Box 3022 McPhee, Dave Â· 6-3869 PO Box 4271 McPhee, Judy 6-3869 PO Box 4271 Murray, Sean 6-4332 PO Box 1472 O'Connor, Gary - President 6-3653 PO Box 434 O'Connor, Vickie 6-3653 PO Box 434 Ramey, Ralph 6-5853 1470 S.St. Vrain Seifert, Bob 6-6655 PO Box 3641 Seifert, Mary Jo 6-6655 PO Box 3641 Sishc, Kelly 6-6108 PO Box 1241 Smith, Megan 6-6294 PO Box 3636 Smith, Spencer 6-6294 PO Box 3636 Thomas, Chuck 6-3883 MR Box 1967 Van Horn, Joan 6-5900 PO Box 456 Watson, Bonnie 6-1149 PO Box 2594 Watson, Deb 6-6683 PO Box 689 Whiteside, Betty 6-0561 PO Box 152 ASSOCIATE MEMBERS Smith, Jill 6-4679 1857 Hwy 66 Smith, Karen 6-4679 1857 Hwy 66 Thomas, Sue 6-6465 PO Box 4448 RESOLUTION WHEREAS, on July 23, 1991 the Board of Trustees adopted Ordinance 15-91 pertaining to "containment" within the C-D District. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following guidelines shall be adopted for the "Surprise Sale Days" being sponsored by the Special Events Department which is scheduled October 7 and 8, 1995: 1. Hours of operation shall be 9:00 A.M. - 6:00 P.M. 2. The Sale Weekend is available to all Estes Park businesses. 3. The Sale Weekend will be held rain or shine. 4. Businesses will be allowed to sell merchandise in front of their store only during the hours specified above. 5. Each business will be allowed one (1) outside selling space. 6. Sidewalk displays shall provide a minimum clearance of 4' for pedestrian ways and handicapped accessibility. Displays and/or merchandise will not be allowed in any street. 7. Those merchants without sidewalk frontage may reserve a space in Bond Park by contacting Linda Hinze at 586-6104. 8. Advertising posters will be provided. 9. All participating businesses must possess a current Town Business License. BE IT FURTHER RESOLVED, that every business is urged to participate in this sale weekend which will be essential toward making the Surprise Sale an annual event. DATED this day of , 19 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Board of Trustees - May 23, 1995 - Page 2 3. Final Plat of Sleepv Hollow Subdivision. Gary D. Connolv/ Applicant. Pursuant to the Letter of Credit and Homeowner's Association documents not being reviewed by the Town Attorney, plus notice that a civil law suit has been filed concerning access, it was moved and seconded (Doylen-Gillette) the Final Plat of Sleepy Hollow Subdivision be continued to June 13, 1995, and it passed unanimously. Board of Trustees - June 13, 1995 - Page 2 3.A. Final Plat of Sleevv Hollow Subdivision. Garv D. Connolv/Applicant. Acting upon the Applicant's request, it was moved and seconded (Doylen/Gillette) the Final Plat of Sleepy Hollow Subdivision be withdrawn (pending civil litigation), and it passed unanimously. I â€¢â€¢â€¢OFO.O.U.L..1.-GCO. RECORD OF PROCEEDINGS planning Commission - MAY 16, 1995 - Page 5 2.D. Final â€¢lat of Sleemr Xmlle,L-.aubdivilion. Gary _21- Connolv/Amplicant.. The proposed subdivision consists of 10 single family lots, a 14.7 acre open space outlot, and a 17.7 acre open space outlot. Rick England, RMC/Applicant's representative, reported that the Access permit from CDOT has been received, and the Access Agreement with adjacent property owners has been signed and is now being held in escrow by TransAmerica Title. All staff recommendations have been completed and a revised plat has been submitted. Director Stamey reviewed the staff report, commenting that the note on the plat concerning any future maintenance on the one- lane bridge did not correspond to staff's recommendation. It was determined that RMC referenced the draft copy of staff's recommendation, in lieu of the final copy. Director Stamey stated that from the revised drawing, it appears all items have been addressed. Mr. England confirmed that the bridge note would be amended to meet staff's approval. Public testimony was heard from Mike Harris, who reiterated his concern with drainage which is a significant problem due to topography. Public Works Director Linnane reported he has requested additional design detail for drainage from the Applicant's engineer, the intent is to intercept and route drainage to the south or east, and suggested Mr. Harris meet with RMC for further clarification. It was moved and seconded (Burgess/Thomas) the Final Plat of Sleepy Hollow Subdivision be favorably recommended to the Board of Trustees, contingent upon the following, and it passed unanimously: 1. Easement agreement be recorded. 2. A copy of the Homeowner's Association documents be provided for review and approval at least two weeks prior to Town Board. 3. The conservation easement for Outlot B be recorded within thirty days of Final Plat approval and prior to issuance of a building permit. 4. The Outlot B dedication note be modified per Town Attorney White. 5. Larimer County Health Dept. note be removed. 6. Dedication statement be modified per Town Attorney WhiteÂ· 7. Open space Outlot note state "Not a building site". 8. The bridge replacement note be replaced with staff ' s version as identified on the staff report dated May 5, 1995. 9. Final infra-structure design incorporate those comments of Public Works. Additional drainage design details be submitted and approved by Public Works. 10. Lots 3 and 8 be increased to 32,000 square feet. 11. The applicant petition for inclusion in the NCWCD. 12. Provide a location and install postal cluster boxes (installation can be secured by Improvement Guarantee). 13. Improvement Guarantee be provided. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO BUILDINGS AND CONSTRUCTION, INCLUDING THE ADOPTION OF THE UNIFORM BUILDING CODE, 1994 EDITION WHEREAS, on the 12th day of September, 1995, the Board of Trustees of the Town of Estes Park held a Public Hearing on the adoption of the 1994 edition of the Uniform Building Code; and WHEREAS, notice of said hearing was published as provided in Section 31-16-203, C.R.S.; and WHEREAS, prior to the adoption of the Uniform Building Code, 1994 edition, by reference, copies of said Code and all secondary codes were presented to the Board of Trustees of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Chapter 14. 12 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 14.12.010 Uniform Building Code, 1994--Adopted. The Uniform Building Code, Volumes 1, 2, and 3, 1994 edition, the Uniform Building Code Appendix, 1994 edition, issued by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, except the sections or parts of sections thereof which are amended by this chapter, referred to in this title as the "Uniform Building Code" is enacted, adopted by this reference, and incorporated in this chapter as if set out at length. 14.12.020 Exceptions to Appendix. The Uniform Building Code Appendix, 1994 edition, is amended by the deletion of Chapter 3, Division 3, and Chapters 13, 30, and 34. 14.12.030 Grading Permits. Section 3306 of Chapter 33 of the Uniform Building Code Appendix, 1994 edition, shall be amended by the addition of Section 3306.3 to read as follows: No grading or excavation for projects which require development or concept plan approval under the provisions of Section 17.36.040 of the Municipal Code shall be done without a grading permit. A grading permit may be issued following final approval of a development or concept plan if the applicant desires to grade or excavate a project prior to the issuance of a building permit. -1- 14.12.040 Section 109.1 amended--Use or occupancv. Section 109.1 of the Uniform Building Code is amended to read as follows: No building or structure of group A, B, E, F, H, I, M, R or S occupancy, shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy therefore as provided herein. 14.12.050 Violation. A. It is unlawful for any person to violate any of the provisions stated or adopted in the Uniform Building Code. B. Every person convicted of a violation of any provision stated or adopted in the Uniform Building Code shall be punished as set forth in Section 1.20.020 of this code. C. The Town shall have the option of instituting an appropriate action in any court having jurisdiction to prevent, enjoin, abate or remove a violation of any portion of the Uniform Building Code and to prevent the occupancy of any building and structure or to prevent any illegal act or use in or on such premises as the result of any violation of the provision of the Uniform Building Code. 14.12.060 Damages. Neither the Town's Building Official, Town Engineer, nor any other employee or agent of the Town of Estes Park, nor any volunteer acting on behalf of the Town of Estes Park shall be liable in damages for any act and/or omission by said person pursuant to the duties and the enforcement of the provisions of the Uniform Building Code. 14.08.040 Certificate of Occupancy--Payment of Business Licenses. Prior to the issuance of any Certificate of Occupancy or Final Inspection, pursuant to the provisions of this Title 14, the owner or general contractor shall provide the Town with an affidavit listing all persons or entities which have provided labor and/or materials to be used in the construction, repair, and/or remodeling which is performed pursuant to a building permit issued by the Town. No Certificate of Occupancy or Final Inspection shall be issued and no building or structure shall be occupied until such time as all persons and/or entities that are set forth on the affidavit who are required to have a business license pursuant to the applicable provisions of Chapter 5.20 of the Municipal Code have obtained said license. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and subsequent publication. -2- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO BUILDINGS AND CONSTRUCTION INCLUDING THE ADOPTION OF THE UNIFORM MECHANICAL CODE, 1994 EDITION WHEREAS, on the 12th day of September, 1995, the Board of Trustees of the Town of Estes Park held a Public Hearing on the adoption of the 1994 edition of the Uniform Mechanical Code; and WHEREAS, notice of said hearing was published as provided in Section 31-16-203, C.R.S.; and WHEREAS, prior to the adoption of the Uniform Mechanical Code, 1994 edition, by reference, copies of said Code were presented to the Board of Trustees of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Section 14. 16. 010 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 14.16.010 Uniform Mechanical Code. 1994--Adopted. The Uniform Mechanical Code, 1994 edition, issued by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, is enacted and adopted by this reference, and incorporated in this chapter as if set out at length. Section 2. Section 14.16.015 of the Municipal Code of the Town of Estes Park, Colorado shall be amended to read as follows: 14.16.015 Fees. The fee schedule in Table 1-A of the Uniform Mechanical Code shall be deleted and replaced by Table 1-A of the Uniform Building Code. Section 3. That Section 14. 16.030 of the Municipal Code of the Town of Estes Park, Colorado shall be amended to read as follows: 14.16.030 Damages. Neither the Town's Building Official, Town Engineer, nor any other employee or agent of the Town of Estes Park, nor any volunteer acting on behalf of the Town of Estes Park shall be liable in damages for any act and/or omission by said person pursuant to the duties and the enforcement of the provisions of the Uniform Mechanical Code. -1- Section 4. This Ordinance shall take effect and be enforced thirty (30) days aftef J its adoption and subsequent publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1995. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1995, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1995. -2- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO BUILDINGS AND CONSTRUCTION INCLUDING THE ADOPTION OF THE UNIFORM PLUMBING CODE, 1994 EDITION WHEREAS, on the 12th day of September, 1995, the Board of Trustees of the Town of Estes Park held a Public Hearing on the adoption of the 1994 edition of the Uniform Plumbing Code; and WHEREAS, notice of said hearing was published as provided in Section 31-16-203, C.R.S.; and WHEREAS, prior to the adoption of the Uniform Plumbing Code, 1994 edition, by reference, copies of said Code were presented to the Board of Trustees of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Section 14. 24. 010 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 14.24.010 Uniform Plumbing Code. 1994--Adopted. The Uniform Plumbing Code, 1994 edition, issued by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789-2825, is enacted and adopted by this reference, and incorporated in this chapter as if set out at length. Section 2. Section 14.48.040 is hereby added to read as follows: 14.24.040 Fees. The fee schedule in Section 20.7 of the Uniform Plumbing Code shall be deleted and replaced by Table 3-A of the Uniform Building Code. Section 3. That Section 14. 24. 050 of the Municipal Code of the Town of Estes Park, Colorado shall be amended to read as follows: 14.24.050 Permit--Not required for minor repairs. No permit will be required for minor repair work. "Minor repair work" means the repair of leaks in pipes, drains and faucets, opening up of waste and supply pipes, traps or drains, or replacing broken fixtures or frozen pipes inside the walls of buildings. Where wastes, vents or pipes are changed, a permit must be taken out. -1- Section 4. That Section 14. 24. 090 of the Municipal Code of the Town of Estes Park, Colorado shall be amended to read as follows: 14.24.090 Damages. Neither the Town's Building Official, Town Engineer, nor any other employee or agent of the Town of Estes Park, nor any volunteer acting on behalf of the Town of Estes Park shall be liable in damages for any act and/or omission by said person pursuant to the duties and the enforcement of the provisions of the Uniform Plumbing Code. Section 5. This ordinance shall take effect and be enforced thirty (30) days after its adoption and subsequent publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1995. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1995, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1995. -2- ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 14 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO, THE SAME PERTAINING TO THE ABATEMENT OF DANGEROUS BUILDINGS THROUGH THE ADOPTION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1994 EDITION WHEREAS, on the 12th day of September, 1995, the Board of Trustees of the Town of Estes Park held a Public Hearing on the adoption of the 1994 edition of the Uniform Code for the Abatement of Dangerous Buildings; and WHEREAS, notice of said hearing was published as provided in Section 31-16-203, C.R.S.; and WHEREAS, prior to the adoption of the Uniform Code for the Abatement of Dangerous Buildings, 1994 edition, by reference, copies of said Code were presented to the Board of Trustees of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That Section 14. 48. 010 of the Municipal Code of the Town of Estes Park, Colorado, shall be amended to read as follows: 14.48.010 Uniform Code for the Abatement of Dangerous Buildings. 1994--Adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1994 edition, issued by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, is amended and adopted by this reference as a primary code, and incorporated in this chapter as if set out at length. Section 2. Section 14.48.040 is hereby added to read as follows: 14.48.040 Damages. Neither the Town's Building Official, Town Engineer, nor any other employee or agent of the Town of Estes Park, nor any volunteer acting on behalf of the Town of Estes Park shall be liable in damages for any act and/or omission by said person pursuant to the duties and the enforcement of the provisions of the Uniform Building Code for the Abatement of Dangerous Buildings. Section 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and subsequent publication. -1- PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1995. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1995, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1995. -2- RESOLUTION WHEREAS, by Ordinance No. 12-95, the Board of Trustees of the Town of Estes Park has created the Park Entrance Estates Special Improvement District No. 95-1 (the "District") ; and WHEREAS, also, by Ordinance No. 12-95, the Board of Trustees of the Town of Estes Park has authorized the acquisition and construction of certain water distribution system improvements and roadway improvements within the District; and WHEREAS, in order to finance the acquisition and construction of the improvements, it is the intention of the Town to seek approval of the issuance of Special Assessment Bonds, pursuant to the applicable provisions of Section 5, Article 25, Title 31, C.R.S.; and WHEREAS, the first date available to the Town to hold said ~ election is November 7, 1995; and WHEREAS, the Board of Trustees of the Town has determined that pursuant to the provisions of Section 31-25-534(3) C.R.S., that only registered electors who are owners of property within or residents of the District shall be eligible to vote on the questions of the issuance of the Special Assessment Bonds; and WHEREAS, the District has been divided into two assessment units in which different improvements will be constructed; and WHEREAS, separate ballot questions must be presented to the eligible voters in each assessment unit; and WHEREAS, it is necessary to authorize certain other actions concerning said election. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, Colorado: Section 1. The Board of Trustees hereby finds and determines that an election to authorize the issuance of Special Assessment Bonds for the acquisition and construction of roadway and water distribution system improvements within the Park Entrance Estates Special Improvement District No. 95-1 shall be held on November 7, 1995. Section 2. The Board of Trustees hereby finds and determines that those persons eligible to vote on the question of the issuance of said Special Assessment Bonds shall only be registered electors who are owners of property within or residents of the Park Entrance Estates Special Improvement District No. 95-1. Section 3. The Board hereby authorizes separate ballot questions to be presented to the eligible voters in each 6f the assessment units. Section 4. The separate ballot questions are set forth on Exhibit "A" attached hereto and incorporated herein by reference. Section 5. The Town Clerk is hereby authorized to immediately transmit the ballot questions to the Clerk and Recorder of Larimer County, Colorado. PASSED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 1995. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk EXHIBIT "A" TOWN OF ESTES PARK PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT NO. 95-1 BALLOT ISSUE 1 SHALL THE TOWN OF ESTES PARK, COLORADO DEBT BE INCREASED UP TO $395,000 WITH A REPAYMENT COST OF UP TO $569,725 BY THE ISSUANCE AND PAYMENT OF SPECIAL ASSESSMENT REVENUE BONDS FOR THE PURPOSE OF FINANCING CERTAIN LOCAL ROADWAY IMPROVEMENTS WITHIN THE TOWN'S PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT NO. 95-1 AND TO BE PAYABLE SOLELY FROM CERTAIN SPECIAL ASSESSMENTS RECEIVED SOLELY FROM PROPERTY OWNERS RESIDING WITHIN THE TOWN'S PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT NO. 95-1; PROVIDED AND IN CONNECTION THEREWITH SHALL THE TOWN BE AUTHORIZED TO MAKE SUCH SPECIAL ASSESSMENTS AGAINST THE PROPERTIES WITHIN SAID AREA; AND SHALL THE TOWN BE AUTHORIZED TO RECEIVE AND SPEND THE PROCEEDS OF SAID BONDS AND SAID SPECIAL ASSESSMENTS, AND ANY INVESTMENT EARNINGS THEREON, AS A VOTER-APPROVED REVENUE CHANGE AND AN EXCEPTION TO ANY REVENUE OR SPENDING LIMITATIONS WHICH MIGHT OTHERWISE APPLY, WITHOUT LIMITING THE COLLECTION AND SPENDING OF ANY OTHER REVENUES OF THE TOWN? EXHIBIT "Al' TOWN OF ESTES PARK PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT NO. 95-1 BALLOT ISSUE 2 SHALL THE TOWN OF ESTES PARK, COLORADO DEBT BE INCREASED UP TO $110,000 WITH A REPAYMENT COST OF UP TO $156,762 BY THE ISSUANCE AND PAYMENT OF SPECIAL ASSESSMENT REVENUE BONDS FOR THE PURPOSE OF FINANCING CERTAIN LOCAL WATER DISTRIBUTION SYSTEM IMPROVEMENTS WITHIN BLOCK TWO OF PARK ENTRANCE ESTATES SUBDIVISION WITHIN THE TOWN'S PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT NO. 95-1 AND TO BE PAYABLE SOLELY FROM CERTAIN SPECIAL ASSESSMENTS RECEIVED SOLELY FROM PROPERTY OWNERS RESIDING WITHIN BLOCK TWO OF PARK ENTRANCE ESTATES SUBDIVISION WITHIN THE TOWN'S PARK ENTRANCE ESTATES SPECIAL IMPROVEMENT DISTRICT NO. 95-1; PROVIDED AND IN CONNECTION THEREWITH SHALL THE TOWN BE AUTHORIZED TO MAKE SUCH SPECIAL ASSESSMENTS AGAINST THE PROPERTIES WITHIN SAID AREA; AND SHALL THE TOWN BE AUTHORIZED TO RECEIVE AND SPEND THE PROCEEDS OF SAID BONDS AND SAID SPECIAL ASSESSMENTS, AND ANY INVESTMENT EARNINGS THEREON, AS A VOTER-APPROVED REVENUE CHANGE AND AN EXCEPTION TO ANY REVENUE OR SPENDING LIMITATIONS WHICH MIGHT OTHERWISE APPLY, WITHOUT LIMITING THE COLLECTION AND SPENDING OF ANY OTHER REVENUES OF THE TOWN? TOWN OF ESTES PARK September 8, 1995 OFFICE MEMORANDUM TO: Town Board Trustees FROM: Richard E. Matzke-22.277,_ SUBJECT: Modification of the Memorandum of Understanding Between the National Park Service and The Bureau of Reclamation Rocky Mountain National Park currently receives free electrical power for government (administrative use) loads from the Bureau of Reclamation (USBR) under a 1938 agreemeht in exchange for the Adams Tunnel easement. This power is delivered directly to National Park Service lines from a USBR line on Marys Lake Road. The attached document changes the point of delivery of the free power from the USBR lines to the Platte River Power Authority 115 kV connections to Western Area Power Administration's system in Estes Park. This change will allow the Town to deliver the USBR power to Rocky Mountain National Park (RMNP) through its own distribution system. This change in point of delivery is a necessary part of the ongoing project to upgrade and transfer ownership of the RMNP distribution system to the Town. The Light and Power Department requests that the Mayor be authorized to sign the amended agreement on behalf of the Town of Estes Park. REM Modification to: Interagency Memorandum of Agreement No. 22568 (Contract No. 14-06-700-3922) and Letter of Interpretation, Dated May 7, 1964 between THE NATIONAL PARK SERVICE and THE BUREAU OF RECLAMATION RELATING TO THE DELIVERY OF FEDERAL POWER TO THE NATIONAL PARK SERVICE FROM THE BUREAU OF RECLAMATION'S COLORADO-BIG THOMPSON PROJECT WHEREAS the Bureau of Reclamation (Bureau), under and by virtue of the Act of Congress approved August 9, 1937, (50 Stat. 564, 595) is charged with responsibility for the construction and operation and maintenance of the Colorado- Big Thompson Transmountain water-diversion project (C-BT); and WHEREAS the National Park Service (Service) is by law charged with the responsibility of conserving the scenery and natural and historic objects and wildlife within sid Rocky Mountain National Park (Park), and is required to provide for the enjoyment of the park in such manner and by such means as will leave it unimpaired for the enjoyment of future generations; and WHEREAS the plans of said project provide for storage of the waters of the Colorado River and tributaries in the Granby Reservoir, for the diversion of a portion of said waters to the South Platte River drainage area through a tunnel across the continental divide by traversing the Park below the surface thereof for irrigation purposes; and for the production and distribution of electric energy; and WHEREAS in order to meet the responsibilities aforesaid it is necessary, in the administration of the Park, that a sufficient supply of water and electrical power be provided for the use of the general visiting public and the administrative personnel, and it will also be necessary to preserve the natural conditions of the area within the present authorized boundaries of said Park as nearly as is reasonably possible; and WHEREAS a 1938 agreement between the Bureau and the Park provides for the Service to receive electrical power from the Bureau at no cost for administrative (governmental) use in the Park; a Letter of Interpretation to this Agreement dated May 7, 1964, among other things, removed non-administrative residential loads from administrative use; and WHEREAS the Parties desire to modify the Letter of Interpretation dated May 7, 1964 with this modification agreement, to change power delivery points, and prepare a new agreement among the Park, the Town of Estes Park (Town), and the Platte River Power Authority (Platte River) for delivery arrangements of project-use power to the Park; and WHEREAS the project-use power is currently being delivered to the Park by the Western Area Power Administration (Western) from a tap on the 6.9 kV line near Marys Lake Powerplant; and WHEREAS Western and Platte River have a transmission arrangement (Contract No. 14-06-700-7480, as amended, dated July 24, 1973). This Contract identifies the points of delivery, among other things, from the Federal 115 kV system from which Western can deliver project use-power to Platte River's system. WHEREAS Platte River receives power from Western and supplies power to the Town; and WHEREAS the Park desires to continue to receive project-use power from the Bureau over Western's transmission system, with delivery arrangements provided in an agreement among the Service, the Town and Platte River, and to have the Town own and operate the power system in the Park; and WHEREAS other agreements, not a part of this document, made between the various interested entities include the arrangements whereby the Town will deliver and meter administrative use power for the Park and report this use to Platte River. An appropriate factor to account for distribution system losses will be included in the amount reported to Platte River by the Town. Platte River will report this administrative use power to Western and receive a no cost credit for this power from Western. Western will account for this power use as C-BT project-use power. Non-administrative use power will be furnished, metered, and billed directly by the Town. NOW, THEREFORE, The purpose of this agreement is to change the point of delivery of power for the Park from the tap on the Federal 6.9 kV line near Marys I.ake Powerplant to Platte River's connections to the Federal 115 kV transmission system. One point of delivery will be the 115 kV feed to Platte River at the Marys Lake Substation near Marys Lake and the other point of delivery will be at the 115 kV feed to Platte River at the Estes Park Switchyard for the Estes Substation. Approved: Manager Eastern Colorado Area Office Bureau of Reclamation Loveland, Colorado Superintendent Rocky Mountain National Park National Park Service Estes Park, Colorado Concurrence: Assistant Area Manager for Power Kfarketing Western Area Power Administration Loveland, Colorado General Manager Platte River Power Authority Fort Collins, Colorado Mayor Town of Estes Park Estes Park, Colorado RESOLUTION WHEREAS, by Ordinance No. 19-95, the Board of Trustees of the Town of Estes Park has proposed to transfer certain real property, the legal description of which is set forth on Exhibit "A" attached hereto and incorporated herein by reference to the Estes Park Housing Authority for the purposes of providing real property for the Lone Tree Apartment affordable housing project; and WHEREAS, pursuant to the agreement of transfer of the property, the Estes Park Housing Authority hereby agrees to the terms of said transfer request and the execution of a Promissory Note, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference; and WHEREAS, as a further condition of the transfer of the property the Estes Park Housing Authority agrees to secure the Promissory Note by the execution of a Deed of Trust upon request by the Town; and WHEREAS, the Estes Park Housing Authority has secured a loan commitment from Mercy Housing, Inc., for the purpose of providing pre-development costs associated with the development of the Lone Tree Apartment project; and WHEREAS, a requirement of said financing is the execution of a Promissory Note and Deed of Trust, copies of which are attached hereto as Exhibit iICI' and incorporated herein by reference. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ESTES PARK HOUSING AUTHORITY: Section 1. The Board of Directors hereby consents to the execution of the Loan Commitment to Mercy Housing, Inc., for the purpose of securing financing for the pre-development costs of the Lone Tree Apartment project. Section 2. The Board of Directors authorizes the appropriate officials of the Estes Park Housing Authority to execute any documents necessary to effectuate the closing of the financing of $150,000.00 for pre-development costs by the Estes Park Housing Authority from Mercy Housing, Inc., including but not limited to the Promissory Note and Deed of Trust on Exhibit "B" Section 3. The Board of Directors hereby consent to the execution of the Promissory Note to the Town of Estes Park as more fully set forth on Exhibit "C". The appropriate officials are hereby authorized to execute said Promissory Note. Section 4. The Board of Directors of the Estes Park Housing Authority agrees that it will execute a Deed of Trust securing the Promissory Note if requested by the Town of Estes Park as more fully set forth in Ordinance No. 19-95 of the Town of Estes Park. PASSED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 1995. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk ~ 4@1;47 TOWN OF ESTES PARK MEMORANDUM /Aell Â» _~fEÂ»%44*1 4%8~6* ~*-*- e. .>54.:a-=D 1 -, t. T.I. ,Â«Â«-0-1.--9"-,filgml , IT*'%.~Â»it' 44?ff~ /- 4 f w .3 - *ZeÂ·'Â·51 v /,ike, \Fr.Ir ;fib)' '01>Â° rati:e.-: 4 >: A -. --dfl >~~ 4 -f~~'1Â» .- V .5. - -t- . 2> . ..r /Z........4 'AP k Bate: September 7, 1995 To: Estes Park Housing Authority Board of Commissioners Gary Klaphake ,<7 From: Rich Widme,~fly>(~ Subject: Loan Letter 0Â£66;nmitment for Lone Tree Village Attached is a Letter of Commitment from the. Mercy Loan Fund to provide a loan of up to $150,000 for a term of 12 months, at an interest rate of 6% applicable to the actual amount borrowed. These are the same terms described at the August 8, 1995 Estes Park Housing Authority meeting. The loan requires security in the form of a First Position Deed of Trust on the site. This loan is a "bridge" loan to get the project to the point of closing on a construction loan, at which time we can use the Federal Home Loan Bank grant already approved in the amount of $150,000. Staff recommends the Letter of Commitment be accepted, including granting a First Position Deed of Trust on the project site. Attachment: Letter of Commitment 303) 586-5331 â€¢ RO. BOX 1200 â€¢ ESTES RARK, CO 80517 â€¢ FAX (303) 586-0249 COMMUNITY DEVELOPMENT â€¢ FAX (303) 586-6909 OTHER rr/,wrcu Ta HOUSING,~INC U MERCY LOAN FUND August 30, 1995 RECEIVED SEP 08 1995 Richard Widmer ADMIN. DEPT. Estes Park Housing Authority P.O. Box 1200 Estes Park, CO 80517 RE: Letter of Commitment - Lone Tree Apartments Dear Mr. Widmer: Mercy Housing, Inc. ("Lender"), through the auspices of Mercy Loan Fund, is pleased to provide a loan in an amount of up to ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) ("Loan") to the Estes Park Housing Authority ("Borrower"), in association with the construction of Lone Tree Apartments to be located at 1310 Manford Avenue, Estes Park, Colorado ("Project"). This Loan is contingent upon the following terms and conditions: 1. LOAN AMOUNT: up to $150,000.00 2. TERM: 12 months 3. INTEREST RATE: The interest rate will be calculated at a rate of six per cent (6 %) per annum, on actual amount borrowed. 4. REPAYMENT TERMS: Principal and accrued interest will be due upon maturity or upon closing of the Construction Loan, whichever occurs earlier. 5. SECURITY: First position deed of trust on the real property of the Project. 6. ORIGINATION FEE: Borrower shall pay a1% origination fee of $1,500.00 which amount shall be deducted at the time of first release of funds. In addition, Borrower shall pay or reimburse MHI for all legal and administrative expenses directly associated with making, servicing, selling or collection of the Loan on demand. . 7. ACCEPTANCE OF COMMITMENT: This Commitment must be accepted by September 30, 1995. If this Commitment Letter has not been signed and returned by that date, the borrower may be required to re-apply for funds. 1601 Milwaukee, Fifth Floor Denver, CO 80206 (303) 393-3806 FAX (303) 393-3471 A Division of Mercy Housing, Inc. Estes Park Housing Authority Letter of Commitment August 30, 1995 Page 2 8. DEADLINE FOR CLOSING DATE: The Loan shall close on or before October 15, 1995, unless otherwise extended by Lender. 9. APPLICATION FEE: Borrower shall pay an application fee of $300 which is payable at the time of acceptance of this Commitment. This fee shall be applied toward the Origination Fee. to. USE OF LOAN PROCEEDS: Borrower will use the proceeds of the Loan solely in connection with the development of the Project; provided further that the making of the Loan shall support the borrower's charitable purposes, to alleviate poverty and/or combat community deterioration in furtherance of its charitable programs and the exempt purposes of Borrower as a duly organized and validly existing state housing authority formed under C.R.S. Â§29-4-201 et seq. and Lender as described in Sections 170(c)(2)(B) and 501(c)(3) of the Internal Revenue Code. 11. ALLOWABLE EXPENSES: Borrower shall expend funds according to the expenses set forth in its budget dated July 26, 1995; with the exception of payment for a Phase I Environmental Analysis, use of loan funds for expenses other than those listed in the Budget shall require approval of Lender. 12. REPORTS: Borrower will provide Lender with a written progress report on the manner in which these loan funds are spent, if requested, and reasonable periodic reports as requested. 13. PRIOR LIENS: There shall be no prior liens against the property, with the exceptions of taxes not yet due and payable and of utility easements. 14. TITLE INSURANCE: A title insurance policy in form, substance and amount acceptable to Lender shall have been issued by a title insurance company acceptable to Lender with respect to the Loan and shall be in full force and effect on the Closing Date. 15. HAZARD AND OTHER INSURANCE: A policy of hazard insurance with respect to the Project shall have been issued and shall be in full force and effect and shall be in an amount, form and substance and issued by an insurance company acceptable to Lender. Such other policies of flood insurance, rental loss, earthquake and/or other insurance against specified hazards affecting the security for the Loan shall also have been issued with respect to the Project if required by Lender. Estes Park Housing Authority Letter of Commitment August 30, 1995 Page 3 16. LOAN DOCUMENTS: Borrower shall execute loan documents in form and substance acceptable to Lender, and Borrower shall comply with all covenants and conditions set forth in Lender's loan documents. 17. UNDERWRITING AND AFFORDABILITY CRITERIA: The Loan, the Project and Borrower shall meet and conform in all material respects to all projections and other information relating thereto which has been submitted by Borrower to Seller as of the date hereof. 18. ENVIRONMENTAL REPORTS AND APPRAISALS: Borrower shall provide a "clean" Phase I Environmental Analysis, in a form and content acceptable to Lender. Receipt of the Environmental Phase I is a condition of disbursement of funds (other than payments required to secure the analysis). 19. TERMINATION: Lender may cancel this agreement if: Commitment is not accepted and Application Fee paid (and copy of signed Acceptance returned to Lender) by September 30, 1995; The Loan is not closed by October 15, 1995; Results of the Phase I Environmental Analysis adversely affect the feasibility of the i Project; Borrower fails or is unable to comply with any of the terms or conditions set forth herein; or to provide to Lender any material information relating to the Loan, the Project, Borrower or the transactions contemplated hereby, or misrepresents any fact or circumstance relating to the Loan, the Project, the Borrower or the transactions contemplated hereby; There occurs any material adverse change in Borrower's financial condition or any material adverse change in the development of the Project; There occurs the filing by or against Borrower of any petition in bankruptcy or insolvency or for reorganization or the appointment of a receiver or trustee or the making by Borrower of an assignment for the benefit of creditors; provided, however, that Borrower shall have the opportunity to have dismissed any cause of action against it for involuntary bankruptcy within 30 days from the date such action is commenced, Estes Park Housing Authority Letter of Commitment August 30, 1995 Page 4 provided however, that this paragraph shall not act to extend the Expiration Date; or Borrower's default, and failure to timely cure, prior to Closing of this Loan, on any loan related to the Project. The terms and conditions set forth above may be modified by the Lender, but shall be effective only if set forth in writing. If this Commitment Letter and its terms are acceptable to you, please sign the Acceptance below and return an original of this letter to me. If you have any questions, please feel free to call me. Very truly yours, ~41 0 74-4 Patricia Marie O'Roark Loan Fund Director --------- ------------- ------- ACCEFTANCE Agreed to this day of , 1995. Estes Park Housing Authority By Printed Name Title 11 - ORDINANCE NO AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN REAL PROPERTY OWNED BY THE TOWN OF ESTES PARK TO THE ESTES PARK HOUSING AUTHORITY WHEREAS, the Town of Estes Park acquired certain real property, the legal description of which is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the property was acquired by the Town for the purpose of using said property for an affordable housing project; and WHEREAS, the Estes Park Housing Authority is in the process of designing and eventually constructing the Lone Tree Apartments, an affordable housing project; and WHEREAS, the property set forth on Exhibit "A" should be transferred to the Estes Park Housing Authority for the purpose of using said real property for the affordable housing project known as the Lone Tree Apartments; and WHEREAS, pursuant to the applicable provisions of Section 31- 15-713(1) (b), C.R.S., the Board of Trustees of the Town of Estes Park, Colorado has the authority to transfer real property on such terms and conditions as the Town Board desires. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The real property set forth on Exhibit "A" shall be transferred by Special Warranty Deed to the Estes Park Housing Authority for the sum of $397,000.00 to be paid by the execution and delivery of a Promissory Note, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. As further consideration for the transfer of the Property, the Estes Park Housing Authority will execute a Deed of Trust securing the Promissory Note when requested by the Town. Said Deed of Trust would be subject to any and all liens of record on the Property at the time of request by the Town for the Deed of Trust and also, subordinate to any liens on the Property required for construction and permanent financing. Section 2. The appropriate officials of the Town of Estes Park are hereby authorized to execute a Special Warranty Deed transferring said real property to the Estes Park Housing Authority. Section 3. The adoption of 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 , 1995. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1995, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of 1995. Town Clerk RESOLUTION WHEREAS, by Ordinance No. 19-95, the Board of Trustees of the Town of Estes Park has transferred certain real property, the legal description of which is set forth on Exhibit "A" attached hereto and incorporated herein by reference to the Estes Park Housing Authority for the purposes of providing real property for the Lone Tree Apartment affordable housing project; and WHEREAS, the Estes Park Housing Authority has secured a loan commitment from Mercy Housing, Inc., for the purpose of providing pre-development costs associated with the development of the Lone Tree Apartment project; and WHEREAS, a requirement of said financing is the execution of a Promissory Note and Deed of Trust, copies of which are attached hereto as Exhibit "B" and incorporated herein by reference; and WHEREAS, Section 29-4-217(1(b) C.R.S., requires that the consent of the Town of Estes Park is necessary for the Estes Park Housing Authority to execute the Deed of Trust set forth on Exhibit 11 B 11 . NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, Colorado: Section 1. The Board of Trustees hereby consents to the execution of the Promissory Note and Deed of Trust by the Estes Park Housing Authority for the purpose of securing financing for the pre-development costs of the Lone Tree Apartment project. Section 2. The Board of Trustees hereby authorizes the appropriate officials of the Town of Estes Park to execute any documents necessary to effectuate the closing of the financing of $150,000.00 for pre-development costs by the Estes Park Housing Authority from Mercy Housing, Inc. PASSED AND ADOPTED THIS 12th DAY OF SEPTEMBER, 1995. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk