HomeMy WebLinkAboutPACKET Town Board 1995-11-28I. t . , BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 28, 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 November 14, 1995. 2. Bills. 3. Committee Minutes: A. Public Works, November 22, 1995. B. Town Board Study Session, November 27, 1995. C. Planning Commission, November 21, 1995 (acknowledgement only). 4. Final Plat Of Sleepy Hollow Subdivision, Gary D. Connoly/Applicant - Motion to withdraw plat. 5. Resolution #29-95 - Setting public hearing on January 9, 1996 for New 3.2% Retail Beer Application, off premise consumption, submitted by James & Lloyd Barleen, dba B&B FOOD MART, 1110 Woodstock Dr. ACTION ITEMS: 1. Public Works Committee, November 22, 1995: A. Cleaning Contracts: 1. A-1 Trash Co. 1996 Trash Collection Contract - $16,939.00. 2. Ultimate Cleaning Co. 1996 Public Restroom Cleaning Contract - $20,750.00. 3. Triple C Cleaning Co. 1996 Municipal Building Cleaning Contract - $13,608.00. B. Chamber of Commerce 5-Yr. Building Lease - Approval. C. Street Dept. Equipment - Approval of expenditure for Gate Sander ($6,730.00). 2. Town Board Study Session, November 27, 1995: A. 1996 Pay Plan Recommendation. 3. 1995 Budget - Resolution #30-95 Supplementing the 1995 General Fund Budget. 4. 1996 Budget: A. Public Hearing - Highway User's Trust Fund. 1
.. . C B. Resolution #31-95 - Setting Mill Levy. C. Resolution #32-95 - Adopting Budget. D. Resolution #33-95 - Appropriating Sums of Money. 5. Estes Park Building Auth6rity - Reappointments: A. James Banker, 3-Year Term, Expiring 1/99. B. James Durward, ". 6. Town Administrator's Report: A. Adjourn as Estes Park Board of Trustees Convene as Estes Park Housing Authority 1. 1996 Budget: A. Public Hearing. Resolution #5-95 - Adopting Budget. NOTE: The Board of Trustees will conduct one meeting during the month of December--December 5, 1995. . 2
.. TOWN BOARD MEETING NOVEMBER 28, 1995 Consent Item #3.B. Minutes from the Town Board Study Session on Monday, November 27th and subsequent Action Item #2. A., will be available on Tuesday night, prior to the Town Board meeting. Consent Item #3.C. Planning Commission Minutes will be available on Tuesday night, prior to the Town Board meeting.
I I Town of Estes Park, Larimer county, colorado. NQvernber. 1.4 . . ., 19. 95. regular Minute, of a........ meeting of the Board of Trusteem of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . .1*th . day of . . . . Noytr®ey ., A. D., 19. .95 at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... Present: Mayor Dannels Truetee.Bobert L. Dekker Susan L. Doylen Stephen W. Gillette William J. Marshall Michael E. Miller J. Donald Pauley Also Present: Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Tina Kuehl, Deputy Town Clerk Abient: None Mayor Dannels called the meeting to order at 7:30 p.m. AWARD RECOGNITION. The Special Recognition Award for Estes Park's Electric Thermal Storage Heating Program was presented to the Assistant Light & Power Director Mike Mangelsen in Washington D.C. Trustee Dekker commended Mike for his efforts in coordinating this successful program, and Mayor Dannels requested the award be displayed in Mike's office. PUBLIC INPUT. Louis O'Riordan thanked the residents of the Estes Valley who voted in the recent election, and expressed concern for those in need of affordable housing. CONSENT CALENDAR. 1. Town Board Minutes dated October 24, 1995. 2. Bills. 3. Committee Minutes: A. Public Works, October 26, 1995. B. Town Board Study Session, November 6, 1995. C. Town Board Study Session, November 13, 1995. It was moved and seconded (Doylen-Pauley) the consent calendar be approved, and it passed unanimously. ACTION ITEMS. 1.A. Ordinance #23-95. Vacating a Portion of the Utilitv and Drainage Easement. Lot 2. Spruce Lake Addition. Public Works Director Linnane reported that the owners of the Anniversary Inn requested this drainage easement vacation. The owner obtained a building permit for a remodel that did not include a porch. The owner requested an additional building permit after the porch was added and discovered the intrusion into the easement. This vacation- request has been approved by all the affected utility companies. Town Attorney White read the
Board of Trustees, November 14, 1995 - Page 2 Ordinance, and it was moved and seconded (Gillette-Pauley) the Ordinance be approved, and it passed unanimously. Whereupon, Mayor Dannels declared the Ordinance passed and adopted, ordered it numbered 23-95, and published accor~ing to law. B. Ordinance #24-95. Glacier Creek Water Tank Site. Director Linnane reported that an agreement has been reached between the Town and the YMCA to purchase a tract of land from the YMCA for placement of a one million gallon water storage tank, non-exclusive water line connection easement and temporary construction easement. The agreement includes construction completion by May 17, 1996, to avoid impact on the YMCA operations. Town Attorney White read the Ordinance, and it was moved and seconded (Gillette-Marshall) the Ordinance be approved, and it passed unanimously. Whereupon, Mayor Dannels declared the Ordinance passed and adopted, ordered it numbered 24-95, and published according to law. 2. Ordinance #25-95 -- Light & Power Rate Schedules for Rockv Mountain National Park. Mayor Dannels opened the public hearing. Director Matzke introduced Max Kiburz, M.E. Kiburz and Associates, who presented the electric rate study for delivery rates for Rocky Mountain National Park administrative use loads which currently hav& access to free electric power from the Bureau of Reclamation. The rates are designed to recover the Light & Power Department's cost of maintaining the facilities necessary to make that delivery. Three rates were developed: administrative housing, small administrative and large administrative. Barry Hesker, National Park-Sefvi-ce Engineering Chief, has agreed with these proposals. The rate changes will become effective beginning with the first billing cycle following 12-14-95. As there were no further comments, Mayor Dannels declared the public hearing closed. Town Attorney White read the Ordinance. It was moved and seconded (Dekker-Pauley) the Ordinance be approved, and it passed unanimously. Whereupon, Mayor Dannels declared the Ordinance passed and adopted, ordered it numbered 25-95, and published according to law. 3. Agreement between the Estes Vallev Recreation and Park District and the Town for use of Barn W for an In-Line Skating Program. Staff requested this item be withdrawn from this agenda. 4.A. Amended Plat. Lots 7. 8. 25 and a Portion of Lot 24. Block 10. Town of Estes Park. Rex Miller/Applicant. It was moved and seconded (Gillette-Pauley) the Amended Plat, Lots 7, 8, 25 and a portion of Lot 24, Block 10, Town of Estes Park (Lewiston Condos) be continued to December 5, and it passed unanimously. B. Planning Commission Referral Policv - Adoption. Director Stamey reviewed the following proposed Planning Commission Referral Policy: 1. Planning Commission items that are referred to the Board of Trustees (e.g., Subdivisions, Annexations, Special Reviews, Rezonings) shall be scheduled for the second Town Board meeting of the following month. 2. To be placed on that agenda for. consideration, the following must be submitted to the Community Development office by noon on the Wednesday preceding that meeting: Signed mylars with corrections (if applicable). Approved construction plans. Letter of Credit and Improvement Guarantee. 3. Items that are deemed incomplete by the Community Development Department will be continued one time for one month, then will be removed from the agenda.
Board of Trustees, November 14, 1995 - Page 3 4. To be placed on a subsequent Town Board agenda, the application must submit a request in writing to the Community Development Department. Following discussion, it was moved and seconded (Doylen- Marshall) the Planning Commission Referral Policy be approved as presented, and it passed unanimously. 5. Parking Report Recommendations. Trustee Pauley reported that through cooperation of Forward Estes Park and EPURA, a parking ' survey was mailed to 284 local businesses. Although results are Still being tabulated, the replies indicate that priorities include signage, parking map handouts, outlying parking, and timed parking lots; non-priority items include a special improvement district, valet parking, and parking structures. EPURA has included parking improvements in their 1996 budget and will incorporate these suggestions in their activities for the coming year. 6. Reappointment -- Gary F. Klaphake to Estes Park Urban Renewal Authoritv. It was moved and seconded (Pauley-Marshall) Administrator Klaphake be reappointed to the Estes Park Urban Renewal Authority for a 5-year term, expiring September 14, 2000, and it passed unanimously. 7.A. Liquor License, Transfer of Ownership from Kenneth E. and Patricia Nelson to Kenneth E. Nelson. dba TIMBERLINE STEAK HOUSE & LOUNGE, 451 S. St. Vrain Ave.. Hotel and Restaurant i License. Administrator Klaphake advised that the application is in order. It was moved and seconded (Doylen-Gillette) the Transfer of Ownership to Kenneth E. Nelson, dba TIMBERLINE STEAK HOUSE & LOUNGE, be approved, and it passed unanimously. B. Liquor License. Transfer of Ownership from Stanley Steamer Resort Hotel. Ltd.. to GHV-Colorado. Inc.. dba THE STANLEY HOTEL. 333 Wonderview Ave. Administrator Klaphake advised i that a temporary license has been in effect during the ownership transition period, and the application is in order. It was moved and seconded (Pauley-Marshall) the Transfer of Ownership to GVH-Colorado, Inc., dba STANLEY HOTEL, be approved, and it passed unanimously. 8. Ordinance #26-95 -- Authorizing the Purchase of Certain Real Property owned bv Gerald R. and Patricia K. Palmer. Administrator Klaphake reported this purchase is part of the Memorandum of Understanding between the Bureau of Reclamation and the Town for the fire station site. It was moved and seconded (Dekker-Pauley) Ordinance #26-95 be approved, and it ! passed unanimously. Whereupon, Mayor Dannels declared the Ordinance passed and adopted, ordered it numbered 26-95, and published according to law. 9. Agreement/Lease Renewals Subiect to Tabor. It was moved and seconded (Gillette-Doyle) the following agreements/leases be renewed for 1996 in accordance with the TABOR Amendment and subject to approval of the 1996 budget, and it passed unanimously: Robert Heron/Radio Transmission/Prospect Mountain Radio Equipment. • Qualtec Services, Quality Improvement Training (second year). • Powder River Productions (Rodeo Stock Contractor), $25,000 (second year). • Elgin Street Sweeper, $26,004.10 (fourth year). • Tents (Special Events), $22,645.16 (second year). • Ford Taurus (Community Development), $4,344.12 (second year). • Modular Building-(Youth Center), $14,226.19 (first year).
Board of Trustees, November 14. 1995 - Page 4 10. Marvs Lake Lodge Emolovee Housing Protect -- Monthly Rent Structure. Administrator Klaphake reported that on July 13, 1993, the Town approved a $52,000 contribution to the Marys Lake Employee Housing Project on condition that for the first five years the rent may increase by the Denver-Boulder consumer price index. Upon review with the owners and First National Bank, it is apparent the income generated is insufficient to service the note. Thus the owners are requesting to restructure the debt with First National Bank and increase the monthly rents. The base rent is currently $200 per employee per month and the proposal will increase to $240 per month with other room categories changing accordingly. The owners have communicated these proposed changes with employers now working with the project, and all are in agreement. Trustee Miller suggested the Town analyze the reasons low-income rent structures do not work before investing in future low-income housing projects. Administrator Klaphake noted that expenses included in the rent (electricity, heat, etc.) are greater than anticipated resulting in the need for rent increases. It was moved and seconded (Dekker-Doylen) the Town waive the last three years of rent control, agree to a rent structure that matches the restructured debt at First National Bank, and delegate rent control to the Bank, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Gillette, Marshall, and Pauley. Those voting "No" Trustee Miller. Following completion-of-all-agenda-items-7-Mayor-Dannels-nnt Ari _rhpre will be one board meeting in December, December 5, and adjourned the meeting at 8:43 p.m. Mayor. Deputy Town Clerk
ORADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee November 22, 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 to order at 8:04 a.m. A-1 TRASH COMPANY TRASH COLLECTION CONTRACT - REOUEST APPROVAL. Chairman Gillette declared a "conflict of interest" and vacated the room. Director Linnane reported that A-1 Trash provides trash collection plus services the recycle bins. The owner provided a cost breakdown which verified why they are requesting a 10% fee increase (increases in the quantity of trash produced downtown, insurance, and landfill fees). Administrator Klaphake reported that A-1 responded very quickly to citizen complaints regarding a delay in servicing the Riverwalk area, and they have corrected their collection schedule. The contract was $14,254.38 in 1994 and 1995, plus $864 for the recycle containers. The proposed 1996 contract amount is $15,639 plus $1,300 for the recycle containers. Staff anticipates maintaining a 10% contingency for emergency cleanup situations. Spencer Smith/A-1 Trash reported that the recycle project is very successful. The Committee recommends approval of the A-1 Trash annual contract for trash collection services, in the amount of $16,939.00. ULTIMATE CLEANING COMPANY PUBLIC RESTROOM CLEANING CONTRACT - REOUEST APPROVAL. Ultimate Cleaning has cleaned the public restrooms for 1% years and staff is pleased with their effort. The annual contract and renewal price is $20,750, which includes five new drinking fountains. The Committee recommends approval of the Ultimate Cleaning annual contract for cleaning public restrooms, in the amount of $20,750.00. TRIPLE C CLEANING COMPANY MUNICIPAL BUILDING CLEANING SERVICES CONTRACT - REOUEST APPROVAL. Triple C Cleaning has been maintaining the Municipal Building for approximately 12 years. The owners' provide good quality service and the integrity and security the Town requires. The annual contract is $11,592 for the Building, and $2,016 for the Public Works Shop Facilities, for a total contract of $13,608.00. The Committee recommends approval of the Triple C contract for cleaning the Municipal Building, in the amount of $13,608.00. HIGHWAYS 34 /36 INTERSECTION "YIELD" SIGN - CITIZEN REOUEST FOR "STOP" SIGN. In a letter dated October 10, 1995, Ralph Gunn requested a stop sign be installed to replace the yield sign at the said intersection. Jeff Kullman/CDOT Traffic Engineer, has been reviewing the request, and he offered the following: the MUTCD is very strictly enforced and it warrants a stop or yield sign at this intersection; in reviewing the -intersection accident history, Mr. Kullman found record of six accidents--all rear-end collisions; CDOT is willing to install a stop sign, however, CDOT believes accidents will not be reduced (CDOT anticipates that due to the
.. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee - November 22, 1995 - Page 2 existing speed limit, a head-on collision may be avoided, and that the potential for rear-end collisions may be increased). Installation could be performed in April if the Committee elects to replace the yield sign with a stop sign. Discussion followed concerning the possibility of causing traffic to stack onto Elkhorn Ave. during the summer season, affect on the existing crosswalk, and scheduled re-design of the intersection by CDOT in 1998/99 to provide a continuous access lane and its affect on the existing bridge. The Committee also discussed the possibility of installing "rumble" strips to call attention to the new stop sign; however, CDOT uses these devices in severe accident problem areas. Due to increased maintenance, Mr. Kullman is not in favor of the rumble strips at this location. The Committee recommends no further action be taken at this time, pending the installation of the continuous accel lane. Staff suggested a "merge traffic" sign be installed on Hwy. 36, and Mr. Kullman Will consider this suggestion. Direttor Linnane reported that signalization at the Hwy. 36/7 and Hwy. 34/36 Intersections were previously weighted to Hwy. 34 movements. This was changed this year and emphasis is now on Hwy. 34 and 7. Staff and CDOT are continuing to review additional areas for re-striping of the Hwy. 34/36 Intersection and further information.will be presented in the near future. The_Committee requested Mr. Kullman return to the Committee in the future to discuss the Elkhorn Ave. Overlay Projed€-as it-relates to lane configuration. PROPOSED CROSSWALK LOCATED AT WEST ELKHORN AVENUE/SPRUCE DRIVE INTERSECTION. In a memorandum dated November 20, 1995, EPURA Executive Director Anderson reported that EPURA is requesting approval of a new crosswalk location at the Intersection of West Elkhorn Avenue and Spruce Drive (contingent upon construction of the Dalman/Dekker Project). EPURA believes the crosswalk Will encourage safe pedestrian movement from the parking lot -on the north side of W. Elkhorn Ave. to a new proposed development on the south side of W. Elkhorn Ave. A continuous sidewalk on the south side of Elkhorn Ave. is impossible due to a large rock outcropping. Director Linnand reviewed the development plan, and Mr. Kullman concurred that a crosswalk is needed at this site for safe pedestrian movement. CDOT·will require additional signage (2 signs from the West, and one from the East); however, CDOT will not fund said signs. Administrator Klaphake will so advise EPURA. Stripping'will be installed as part of the Elkhorn Overlay Project. SPECIAL EVENT BANNERS SPANNING ELKHORN AVENUE - REOUEST APPROVAL. Administrator Klaphake stated that the former banner poles spanning Elkhorn Ave. were removed 'during the Streetscape Project; however, they are not opposed in the URA Plan. Special events continue to have a need to advertise, and the banner poles located in the parking lot east of the Municipal Building have limited visibility, and are not satisfactory. By ordinance, the Town allowed public purpose signs at the Chamber Building and said parking lot poles. Staff has met with the Planning Commission Chairman and EPURA Executive Director and they have no objection. The proposed location is at the west corner of the Transit Center (Elkhorn/MacGregor). Mr. Kullman confirmed that CDOT requires: a minimum clearance of 18', that the banner(s) be securely fastened, political or commercial advertising is not allowed, and installation cannot
8/ADFORD.U./15/ING.0 RECORD OF PROCEEDINGS Public Works Committee - November 22, 1995 - Page 3 interfere with traffic devices. Poles can be installed in the right-of-way, and CDOT has no objection to the proposed site due to the 20 MPH speed limit. Mr. Kullman clarified that sponsor identification is permitted. Trustee Miller expressed his objection to expending taxpayer dollars on this project when perhaps the project should be funded by Special Events or the Chamber, and banners often become unsightly and are not replaced. Additional discussion followed: the fairgrounds marque is utilized as much as possible and Town events take priority (in the citizens' opinion, this sign does not fit the need), the URA Plan speaks to using this type of signage, the rear Municipal Building parking lot is being re-designed, and a decision must be made as to the status of the existing banner poles. Staff will prepare banner guidelines for presentation at the January 4 Community Development Committee, and citizens both in favor of, or in opposition to, the banner poles are encouraged to attend. CHAMBER OF COMMERCE BUILDING LEASE AGREEMENT - REOUEST APPROVAL. The Committee reviewed the standard Lease Agreement with the Chamber of Commerce. The term is for five years, beginning January 1, 1996, and the rent is $1.00/yr. Trustee Miller stated that the commercial worth of this subsidy should be identified in the budget, and perhaps in the future the subsidy should be eliminated. Administrator Klaphake will prepare benchmarking information and report to the Committee in the near future. The Committee recommends approval of the Five-Year Lease Agreement with the Chamber of Commerce. PARK ENTRANCE ESTATES - REOUEST AUTHORIZATION TO SOLICIT BIDS FOR ROADWAY AND WATER LINE CONSTRUCTION PROJECTS. Pursuant to the successful election November 7, staff requested and received authorization to solicit bids as stated above. GLACIER CREEK WATER TANK PROJECT - REOUEST APPROVAL TO PRESENT BID DIRECTLY TO TOWN BOARD. Staff requested and received authorization to present the Glacier Creek Water Tank Project Bid directly to the Town Board on December 5. STREET DEPARTMENT EOUIPMENT - REOUEST AUTHORIZATION TO PURCHASE. The Street Department is requesting authorization to purchase a gate sander from Macdonald Equipment Co. for a total price of $6,976.00. A total of $5,000 was budgeted and sufficient funds are available to meet the expenditure. With a trade-in, the actual cost is $6,730.00. The Committee recommends approval of the purchase in the amount of $6,730.00 from Macdonald Equipment. DECEMBER COMMITTEE MEETING. Director Linnane requested the December 28 Public Works Committee meeting be canceled. The Committee recommends approval of the request. REPORTS. The Committee reviewed the Citizen Service Response Report and Water Reports for October. Highways 7, 34 and Elkhorn Overlay Projects Update - Staff continues to receive inquiries on these CDOT projects. CDOT has
BRADFOROPUBL!*HINGCO RECORD OF PROCEEDINGS Public Works Committee - November 22, 1995 - Page 4 concurred with all scheduling criteria established in a recent neighborhood meeting for the Highway 34 Widening Project. The Committee reviewed a letter dated November 1 presented by the Police Department which commended Dan Speedlin, Ken Zigler, Robert Hirning, Daryl McCown, Russ Franklin, Dave Mahany, and Mike Hulbert for their snow removal efforts during a severe snow storm. The letter illustrates interdepartmental cooperation and teamwork. There being no further business, Chairman Gillette adjourned the meeting at 9:40 a.m. . t.,1 0- / 3 L,Ult L. U ' Le--K« -4.0 Vickie O'Connor, CMC/AAE, Town Clerk
MRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Board of Trustees Study Session November 27, 1995 Board: Mayor H. B. Dannels, Trustees Dekker, Doylen, Gillette, Marshall, Miller and Pauley Attending: Mayor ProTem Dekker, Trustees Doylen, Gillette, Marshall, Miller and Pauley Also Attending: Town Administrator Klaphake, Attorney White, Ass't. Town Administrator Widmer, Supervisors Linnane and Matzke, Clerk O'Connor Absent: Mayor Dannels Mayor ProTem Dekker called the meeting to order at 9:04 a.m. 1996 PAY PLAN - PRESENTATION. S In a memorandum dated November 22, 1995, Ass't. Town Administrator Widmer reported that the 1996 Pay Plan Team, consisting of D. Campbell, B. Goehring, M. Mangelsen, C. Pass, F. Thorson-Boudreaux, and R. Widmer, reviewed pay plan adjustments for the past five years, gathered employee input, analyzed CPI data, reviewed local and front-range 1996 pay plan changes, and reviewed the CML pay studies. Team recommendations are: 1. A 4.0% across-the-board increase for all employees; raise pay ranges 5.0% to adjust for market. 2. 0.25% pool for incentive awards to be managed by the Town Administrator. Administrator Klaphake reported that the preliminary 1996 Budget contains 5% for the pay plan, and that Department Heads will be excluded from the across-the-board increase as they will be individually evaluated (paid for performance), not to exceed 4%. A new Employee Development Plan/Performance Review system has been developed for implementation in 1996 (subject to Town Board approval); however, merit awards based on the new system will not be awarded until January, 1997. As the current performance evaluation system is obsolete, the Pay Team recommends that no merit-based pay increases be given for 1996. Staff also reported that the health plan appears to be neutral in terms of cost for 1996; however, the Town will be required to purchase tail insurance coverage as the plan is being revised--this item will be presented during the December 5 Town Board meeting. The Committee recommends the 1996 Pay Plan be adopted as presented. DRUG AND ALCOHOL TESTING POLICY - PRESENTATION. Ass't. Administrator Widmer reported that by January 1, 1996, all municipalities with fewer than ' 50 Commercial Driver' s Licensed (CDL) drivers are required by federal regulations to have drug and alcohol testing policies and procedures adopted. The Town has 27 drivers with CDLs, and Town Attorney White has prepared a policy following federal regulations and a sample policy prepared by CIRSA. Major points are: 1. The policy applies only to the Town's 27 CDL drivers, or to future employees required to have a CDL as part of employment. CDLs are required for large trucks, transit
IRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Board of Trustees Study Session - November 27, 1995 - Page 2 vehicles, or vehicles hauling hazardous materials. 2. Drug and alcohol testing will be performed before employment begins (drugs only), following an accident involving a death or moving violation, whenever "reasonable suspicion" of use exists, and randomly during the year. Twenty-five percent of the drivers will be randomly tested for alcohol and 50% for drugs each year. 3. Alcohol testing is performed with the aid of an Evidentiary Breath Testing Device (EBT). This device must meet strict federal certification regulations, be calibrated, and be operated by trained technicians. Blood Alcohol Concentration (BAC) of 0.02 or greater would violate the policy. The testing site is not known at this time; however, it may be a mobile unit as a testing site in unavailable in Estes Park. 4. Drug testing is performed using urine specimens collected under highly controlled conditions. Drug testing is limited to marijuana, cocaine, opiates, amphetamines, and phencyclidine. The testing site will most likely be at the Estes Park Medical Center. 5. If a positive test for alcohol or drugs occurs, the employee will be placed on administrative leave without pay until return-to-duty testing is completed. Substance abuse professionals, counseling, and follow-up testing may be utilized if necessary. If the BAC level for alcohol is 0.02 - 0.04, the employee is dispatched to their home for at least 24 hours. If the level is 0.04 or greater, or if tested positive for drugs, the employee may be subject to further discipline as set forth in the Town's Personnel Policy Manual. Staff is presently evaluating contractors to perform the necessary testing, and they estimate these services will be approximately $750 - $1,000/year. Staff stressed that the Town is being forced into this policy pursuant to federal regulations, and that following this meeting, staff will brief all affected employees. Attorney White confirmed that the regulation applies to only CDL drivers and only during the performance of a "safety-sensitive" function. Mr. White was unaware of any municipalities requiring testing for all employees pursuant to several pending court cases. Training of supervisors is required so as to effectively document reasonable suspicion. Amendments to the policy were added to protect employees and their individual rights. Staff confirmed that if an employee would be put on administrative leave without pay as a result of a positive test, and that test proved to be in error, that the employee would be reimbursed their back pay. The policy addresses such a scenario, and includes language that the employee is also to be free of any ramifications from an 'erroneous test. If an employee does violate a test, the employee is subject to follow-up testing for five years. Additional discussion included confidentiality provisions, and prescription drug usage. Attorney White also confirmed that volunteers are exempt from this policy, i.e. Fire Dept. The Committee recommends adoption of the Drug and Alcohol Testing Policy, as presented. Staff confirmed that adoption will include a resolution, that the policy will not become a portion of the Personnel Policy Manual,
.. .."/.RO PUILI~HING .0. RECORD OF PROCEEDINGS Board of Trustees Study Session - November 27, 1995 - Page 3 and that the Town Board will consider this item at the December 5 meeting. There being no further business, Mayor ProTem Dekker adjourned the meeting at 9:28 a.m. <ku, 0 *th»LJ Vickie O 'Connor, CMC/AAE, Town Clerk
aRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission November 21, 1995 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, John Gilfillan, Alma Hix, Edward Pohl, and David Thomas Attending: Chairman Sager, Commissioners Brown, Burgess, A. Hix, Pohl, and Thomas Also Attending: Community Development Director Stamey, Town - Attorney White, Senior Planner Joseph, Deputy Clerk Kuehl Absent: Commissioner Gilfillan Chairman Sager called the meeting to order at 12:00 p.m. 1. STORER RANCH ADDITION -- EXECUTIVE SESSION It was moved and seconded (Pohl-Burgess) the Planning Commission adjourn to Executive Session to discuss threatened litigation regarding Storer Ranch. Those voting "Yes": Commissioners Burgess, A. Hix, Pohl, Sager and Thomas. Those voting "No" : None. Commissioners Brown and Gilfillan were absent. The meeting adjourned at 12:02 p.m. The Executive Session adjourned at 12:49 p.m., whereby the Planning Commission announced an open study session. Chairman Sager called the meeting to order at 1:30 p.m., and reviewed the Rules of Conduct for the benefit of those in the audience. 2. MINUTES. Minutes of the October 17, 1995 meeting were approved as presented. 3. STORER RANCH ADDITION -- COMBINED ZONING HEARING. 3.a./3.c. Proponents/Opponents for Zoning Proposal D (Wille Application). Town Attorney White presented the background for this rezoning request. The Storer Ranch Addition rezoning proposal was filed with the Town in August, 1995. A public hearing was held in October and the item was continued to this meeting with the condition that Storer Ranch landowners indicate in writing their support or opposition to Mr. Wille' s rezoning request. This condition has not been met. Jennifer Vecchi, Rocky Mountain Consultants Land Planner and representative for three families, including the Storer' s, the Goddard's, and the Staple's, for a total percentage ownership of 76.4%, presented a letter from Mr. Goddard dated November 6, 1995, stating there is no contract with Developer Rich Wille. The letter also stated that the owners would only accept conditional zoning. Attorney White explained that conditional zoning is not an alternative. Staff recommends that further consideration of the rezoning request, the Preliminary Plat, and the Development Plan as submitted by Rich Wille be terminated due to lack of support by the majority of the ownership of the property. Attorney White explained this rezoning request is unique in that Mr. Wille has no contract, and thus, no interest in the property. The Town should not consider any land use application without support of the ownership. Developer's Representative Bill Van Horn stated that Mr. Wille's proposal to rezone the property
BRADFORD PILISHING CO. RECORD OF PROCEEDINGS Planning Commission, November 21. 1995 - Page 2 was an effort to appease the neighborhood. However, the Preliminary Plat and Development Plan can proceed without rezoning, as it is the belief of Mr. Wille that he does have a contract. Van Horn read a letter from Mr. Goddard dated October 11, and · requested the letter from Mr. Welch dated September 22 be included in the record. Chairman Sager announced there is no requirement for another public hearing, and thus, no need for additional information concerning these proposals from either the petitioner or the adjoining property owners. Discussion concluded, and it was moved and seconded (Brown-Burgess) that termination of Mr. Wille's application for rezoning be favorably recommended to the Board of Trustees as the signature on the rezonirig application is improper (no owner's signature) and the ownership does not support the rezoning request, and it passed unanimously. Commissioner Brown expressed his opinion that the Preliminary Plat and Development Plan should be discussed separately. 4.a./5.b. Preliminarv Plat and Development Plan. Mountain Park Subdivision (Storer Ranch Addition) Commissioner Brown verified that both the Preliminary Plat and Development Plan applications have been signed by Bill Van Horn as agent, not by the property owners. Van Horn stated that it is, Mr. Wille's opinion he is still under contract and requested that the Preliminary Plat process continue, adding that a Preliminary Plat does not require owner signatures. Director Stamey noted that a letter from Mr. Goddard dated September 21-7stated-that-the-contract with Rich Wille expired September 14, 1995 and that the owners have not granted an extension to the buyer beyond that date. Ms. Vecchi referred to a telephone conversation with her clients earlier in the day, veri fying that negotiations are continuing through Mr. Wille' s real estate agent, but no contract exists at the present time. As a valid agent signature negates the validity of the application, it was moved and seconded (Brown-Hix) that consideration of the Storer Ranch Addition Preliminary Plat and Development Plan be terminated, and it passed unanimously. 3.b./3.d. Proponents/Opponents of Zoning P .1 B (Citizen Proposal. Lone Pine. At Chairman Sager's request, Attorney White explained the request from the Lone Pine neighborhood, Proposal B, requesting a rezoning of a portion of the area. Attorney White stated the Town Board received a request to consider rezoning of a portion of the 35-acre parcel on August 15, and this request was referred to Planning Commission. A public hearing was held on the - rezoning request and said hearing was continued to this date. Commissioner Thomas requested a definition of a petition versus a formal request. Attorney White explained a petition is an official request for an initiated ordinance filed with the Town to adopt an ordinance or set an election, where a -formal request has no legal standing. As the document submitted by the Lone Pine neighborhood is a formal request and not an official petition, it has no legal significance. It was moved and seconded (Brown-Pohl) that denial of Zoning Proposal B be recommended to the Board of Trustees, and it passed unanimously. 4. SUBDIVISIONS 4.a. Preliminarv Plat. Mountain Park Subdivision (Storer Ranch Addition. Rich Willa/Applicant. This item was terminated under Item #3 above. 4.b. Preliminarv Plat. Portion of Block 7, Town of Estes Park. Bryce Dallman and Bob Dekker/Applicants. Applicant's Representative Paul Kochevar reported this Preliminary Plat will subdivide a single existing lot into 5 lots for C-D
BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission. November 21, 1995 - Page 3 commercial use, with approximately 1,000 sq. ft. of buildable area per lot. The buildings will be single story, 16 ft. in height. Lot 5 will be used as a shared parking lot providing 12 spaces, providing the only access to Elkhorn Avenue. The 20 ft. wide area between the existing edge of pavement and the property line along Elkhorn Avenue will provide ten on-street parallel public parking spaces, a sidewalk and planting beds. Building envelopes will have 5 ft. sideline setbacks with no common walls. Lot 1 will be excavated approximately 50 ft. back from the front property line. Drainage will flow north across the sidewalk and into the gutter east of the site. Director Stamey noted that the proposed building envelopes should be specifically defined; additional excavation should be limited to areas previously disturbed or easily re- vegetated; sidewalk improvements should be extended east to Spruce Drive to provide a safe crosswalk location; the existing street lights should be relocated; streetscape design and construction should be coordinated with EPURA and Public Works Department; an irrigation system should be considered; and a note should be added to the final plat clearly stating that vehicular access off Elkhorn Avenue is restricted to the parking area located on Lot 5. Commissioner Brown noted that Lot 1 appears to be unbuildable without significant excavation which will enlarge the cut face to 60 ft. high, and requested the Developer consider abandoning development on Lot 1; moving that development to Lot 5 and sharing the parking areas across the street; combining Lot 1 and Lot 2; or using a common wall building configuration to eliminate this problem. Mr. Kochevar replied that Lot 1 can be excavated safely and within the guidelines of zoning ordinances, and added that sharing a public parking lot is not their preferred option. Director Stamey noted that steep slope ordinances apply to residential areas only, and building codes apply to safety only, not aesthetics. Mr. Kochevar stated that he would provide a grading plan and cross-section for Lot 1. Attorney White added that approval of this Preliminary Plat, dividing the area into 5 lots, will eliminate a Development Plan review. However, a subdivision review could be required. Commissioner Thomas questioned the decision to eliminate second-story housing. Neighbors Judy Lamy and Gerald Mayo expressed their opposition to this proposal, citing traffic, excavation and safety concerns. Other Commissioner concerns involved possible widening of West Elkhorn Avenue, insurance coverage, and blasting safety. Commissioner Hix noted that insurance coverage is required for blasting purposes. It was moved and seconded (Hix-Brown) the Preliminary Plat of the Replat of a Portion of Block 7, Town of Estes Park be approved subject to the following, and it passed unanimously: 1. Identify limits of excavation and show building envelopes. 2. Secure CDOT access permit. 3. Install water lines across Elkhorn Avenue prior to the summer of 1996. 4. Provide verification that the property is included in the NCWCD. 5. Provide utility easement. 6. Submit a drainage plan and report, approved by both CDOT and Public Works Department. 7. Add a note to the plat stating vehicular access is limited to Lot 5.
BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission, November 21, 1995 - Page 4 8. Extend the sidewalk to the crosswalk on Spruce Dr. 9. Submit cut mitigation on Lot 1. 5. DEVELOPMENT PLANS. 5.a. Amendment to Development Plan 95-2. Tract 4. Beaver Point. 1st Addition. Peter & Ricki Ingersoll/Applicants. Commissioner A. Hix declared a conflict of interest and vacated the room. Applicant Ricki Ingersoll reported this Amendment adds a building to adcommodate maintenance equipment storage and the trash receptacle. A note will be included on the Plan, as well as in the condominium documents, stating this building shall not be used for 'any other purpose. The sales office will be moved from building to building as sales occur; a rental office will not be maintained as all units will be sold; and all other conditioris prdviously required'for this development will continue. Ingersoll noted that the number of units will be reduced from 27 to 24, and two-car garages will be incorporated as per the original plan. Chairman Sager commended Ingersoll for the decrease in density. It was moved and seconded (Brown-Thomas) the Amendment to Development Plan 95-2, Tract 4, Beaver Point, First Addition, RiverRock Homes be 'approved, including the incorporation of all previous conditions and noting the density decrease, and it passed with Commissioner A. Hix abstaining. Commissioner A. Hix returned to the room. 5.b. Development Plan/Special Review 95-6. Lot 8. Mountain Park Subdivision (Storer Ranch Addition), Rich Wille Trust/ Applicant. This item was terminated under Item #3 above. 6. SPECIAL REVIEW 6.a. Lots 7. 8. 25. and Portion of 24. Block 10. Town of Estes Park. Rex Miller/Applicant. It was moved ad seconded (Hix-Thomas) this item be continued to December 19, 1995, and it passed unanimously. 6.b. Portion Lot 2. Block 3. Fall River Estates, Jim Rodgers/Applicant. It was moved ad seconded (Thomas-Pohl) this item be continued to December 19, 1995, and it passed unanimously. 7. COUNTY REFERRALS 7.a. Marvs Lake Estates. Rudolf and Hilde Frank/Applicant -- Preliminarv Plat/Rezoninq. Applicant's Representative Kerry Prochaska, Rocky Mountain Consultants, gave a brief history of the property and reported the Applicant is requesting to divide a vacant 31 acre parcel into 4 lots: Lots 1 and 2 for a 10 -room bed and breakfast on each lot and Lots 3 and 4 for single family dwellings. The existing zoning is E-Estate. , At the request of the Public Works Department, a new gate and lock system has been located on the northern property line for access to the Town water plant and facilities, and this change has been noted on the plat. Director Starney recommended that only Lots 1 and 2 be recommended for A-Accommodations zoning; and that Lots 2 and 4 and the northern part of Lot 1 should be shown as wetlands and non-build, non-disturbed areas. Commissioner Pohl recognized that the division of Lot 1 by a roadway could result in the dedication of one area as open space and the transfer of density to the other area. It was moved and seconded (Brown-Pohl) that this item be fav'orably
BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission, November 21, 1995 - Page 5 recommended to the Larimer County Planning Commission, noting A-Accommodation zoning as proposed and that the upper portion of Lot 1 be designated as an outlet, non-build area to conform with normal subdivision practices, and it passed unanimously. 7.b. Ice of Estes Park. 665 Elm Rd., Garv Mitchell/Applicant -- Special Exception to Allow an Ice Plant in C-Commercial Zone. Applicant Gary Mitchell is requesting permission to construct a 40' x 60' building to operate an ice manufacturing plant on one level with a second level for employee housing located on Elm Avenue on the lot directly below the Town buildings (Frank Williams' property). The operation consists of ice-making machines, an automatic packing system, and a conveyor belt for loading, all of which will be enclosed inside the building. A driveway and employee parking will be provided. No additional excavation will be required except for leveling of the lot. Current zoning is C-Commercial, which does not allow for ice and cold storage plants. It was moved and seconded (Thomas-Hix) this item be recommended to the Larimer County Planning Commission with the stipulation that parking be provided for employees and employee housing residents and any future conversion to another use be considered separately, and it passed unanimously. 8. REPORTS Director Stamey noted that the December Planning Commission has been rescheduled for December 19, 1995. Copies of The Denver Post article, "The New Urbanism", were distributed to the Commissioners. A revised Comprehensive Plan Work Session calendar will be distributed when complete. Commissioner Brown requested Staff study the Subdivision Regulations in regard to cut and fill requirements for the Commercial Downtown area in order to allow the Planning Commissioners the ability to review this type of situation. There being no further business, Chairman Sager adj ourned the meeting at 3:43 p.m. 1-2.- 16.0.-0 Tina Kuehl, Deputy Town Clerk BUH "ing n
RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New 3. 2% Retail Beer License, off premise consumption, filed by James and Lloyd Barleen, dba B&B FOOD MART, 1110 Woodstock Drive, Estes Park, Colorado, is November 22, 1995. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, January 9, 1996 at 7:30 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 4.03 miles, as measured from the center of the applicant's property. ADOPTED:
8.ADFOR' PU....ING CO. RECORD OF PROCEEDINGS Public Works Committee November 22, 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 to order at 8:04 a.m. I.A.I A-1 TRASH COMPANY TRASH COLLECTION CONTRACT - REOUEST APPROVAL. Chairman Gillette declared a "conflict of interest" and vacated the room. Director Linnane reported that A-1 Trash provides trash collection plus services the recycle bins. The owner provided a cost breakdown which verified why they are requesting a 10% fee increase (increases in the quantity of trash produced downtown, insurance, and landfill fees). Administrator Klaphake reported that A-1 responded very quickly to citizen complaints regarding a delay in servicing the Riverwalk area, and they have corrected their collection schedule. The contract was $14,254.38 in 1994 and 1995, plus $864 for the recycle containers. The proposed 1996 contract amount is $15,639 plus $1,300 for the recycle containers. Staff anticipates maintaining a 10% contingency for emergency cleanup situations. Spencer Smith/A-1 Trash reported that the recycle project is very successful. The Committee recommends approval of the A-1 Trash annual contract for trash collection services, in the amount of $16,939.00. ULTIMATE CLEANING COMPANY PUBLIC RESTROOM CLEANING CONTRACT - REOUEST APPROVAL. ultimate Cleaning has cleaned the public restrooms for 1% years and staff is pleased with their effort. The annual contract and renewal price is $20,750, which includes five new drinking fountains. The Committee recommends approval of the Ultimate Cleaning annual contract for cleaning public restrooms, in the amount of $20,750.00. TRIPLE C CLEANING COMPANY MUNICIPAL BUILDING CLEANING SERVICES CONTRACT - REOUEST APPROVAL. Triple C Cleaning has been maintaining the Municipal Building for approximately 12 years. The owners' provide good quality service and the integrity and security the Town requires. The annual contract is $11,592 for the Building, and $2,016 for the Public Works Shop Facilities, for a total contract of $13,608.00. The Committee recommends approval of the Triple C contract for cleaning the Municipal Building, in the amount of $13,608.00. HIGHWAYS 34/36 INTERSECTION "YIELD" SIGN - CITIZEN REOUEST FOR- "STOP" SIGN. In a letter dated October 10, 1995z-,/a,ff'Gu-nn requested a stop sign be installed to replace.*efri yield sign at the said intersection. Jeff Kullm.•feBOT Traffic Engineer, has been reviewing the requesti*/ld-he offered the following: the MUTCD is very strictly enfs~06-and it warrants a stop or yield sign at this intersectionE,,i*ffeviewing the -intersection accident history, Mr. Kullman Le•fE record of six accidents--all rear-end collisions; CDO']~1/Willing to install a stop sign, however, CDOT believes aG,faents will not be reduced (CDOT anticipates that due to the 1 '
••80,0.0 PUILISM,NG CO. RECORD OF PROCEEDINGS Public Works Committee - November 22, 1995 - Page 3 CHAMBER OF COMMERCE BUILDING LEASE AGREEMENT - REOUEST APPROVAL. t 8. The Committee reviewed the standard Lease Agreement with the Chamber of Commerce. The term is for five years, beginning January 1, 1996, and the rent is $1.00/yr. Trustee Miller stated that the commercial worth of this subsidy should be identified in the budget, and perhaps in the future the subsidy should be eliminated. Administrator Klaphake will prepare benchmarking information and .. report to the Committee in the near future. The Committee recommends approval of the Five-Year Lease Agreement with the Chamber of Commerce. STREET DEPARTMENT EOUIPMENT - REOUEST AUTHORIZATION TO PURCHASE. 1.8. The Street Department is requesting authorization to purchase a gate sander from Macdonald Equipment Co. for a total price Of $6,976.00. A total of $5,000 was budgeted and sufficient funds are available to meet the expenditure. With a trade-in, the actual cost is $6,730.00. The Committee recommends approval of the purchase in the amount of $6,730.00 from Macdonald Equipment.
••AO-•0 PU.U..1.0 co. RECORD OF PROCEEDINGS Board of Trustees Study Session November 27, 1995 Board: Mayor H. B. Dannels, Trustees Dekker, Doylen, Gillette, Marshall, Miller and Pauley Attending: Mayor ProTem Dekker, Trustees Doylen, Gillette, Marshall, Miller and Pauley Also Attending: Town Administrator Klaphake, Attorney White, Ass't. Town Administrator Widmer, Supervisors Linnane and Matzke, Clerk O'Connor Absent: Mayor Dannels Mayor ProTem Dekker called the meeting to order at 9:04 a.m. A 1996 PAY PLAN - PRESENTATION. r'\JA In a memorandum dated November 22, 1995, Ass't. Town Administrator Widmer reported that the 1996 Pay Plan Team, consisting of D. Campbell, B. Goehring, M. Mangelsen, C. Pass, F. Thorson-Boudreaux, and R. Widmer, reviewed pay plan adjustments for the past five years, gathered employee input, analyzed CPI data, reviewed local and front-range 1996 pay plan changes, and reviewed the CML pay studies. Team recommendations are: 1. A 4.0% across-the-board increase for all employees; raise pay ranges 5.0% to adjust for market. 2. 0.25% pool for incentive awards to be managed by the Town Administrator. Administrator Klaphake reported that the preliminary 1996 Budget contains 5% for the pay plan, and that Department Heads will be excluded from the across-the-board increase as they will be individually evaluated (paid for performance), not to exceed 4%. A new Employee Development Plan/Performance Review system has been developed for implementation in 1996 (subject to Town Board approval); however, merit awards based on the new system will not be awarded until January, 1997. As the current performance evaluation system is obsolete, the Pay Team recommends that no merit-based pay increases be given for 1996. Staff also reported that the health plan appears to be neutral in terms of cost for 1996; however, the Town will be required to purchase tail insurance coverage as the plan is being revised--this item will be presented during the December 5 Town Board meeting. The Committee recommends the 1996 Pay Plan be adopted as presented. -BRUG AND ALCOHOL TESTING POLICY - PRESENTATION. Ass 't. Adm-ini<Eator Widmer reported that by January 1, 1996, all municipalities wtth..Kewer than 50 Commercial Driver' s Lk (CDL) drivers are requfPed-' - ' al regulations tg~tlave-6Fug and alcohol testing policies al lures adopted.--The Town has 27 drivers with CDLs, and.Tow B,ZS'219-liks prepared a policy following federal regulat: -1 sampibe-policy prepared by CIRSA. Major points are: --- 1. The,pericy applies only to the Town's 27 CDL drivefat-QT _,-ed--future employees required to have a CDL as part of - employment. CDLs are required for large trucks, transit
LEASE THIS LEASE, made and entered into this day of , 19 , by and between the TOWN OF ESTES PARK, COLORADO, a Municipal Corporation, hereinafter referred to as Lessor, and the ESTES PARK CHAMBER OF COMMERCE, a Colorado Corporation, hereinafter referred to as Lessee, WITNESSETH: That Lessor, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by Lessee, its successors and assigns, has leased and does hereby lease unto Lessee all those premises situate, lying and being in the County of Larimer, State of Colorado, known and described as follows: See attached legal description incorporated herein as though fully set forth. TO HAVE AND TO HOLD, THE ABOVE DESCRIBED PREMISES UNTO Lessee, its successors and assigns, from twelve o'clock noon on -1,4.-11601 I , )9016 , until twelve o'clock noon on 13£0-Ght/2 3/~ 0£00 / ; and Lessee, in consideration of the leasing of said premises aforesaid by Lessor to Lessee, covenants and agrees with Lessor, its successors and assigns, as follows: 1. To Pay to Lessor, as rent for said premises, the sum of One Dollar ($1.00) per year, in advance, on the ~€21- day of of each year during the term of this lease, without notice. 2. To make all necessary repairs (interior, exterior and underground) and redecorating to all existing and future improvements on the demised premises during the term of this lease, which shall include repairs and redecorating of both the inside and outside of all such improvements, except repairs or replacement which may become necessary as the result of any hazard for which there is reimbursement to Lessor pursuant to any policies of hazard insurance, in which event such expenses shall be paid by Lessor. 3. To keep and maintain said premises clean and in good order and in such condition as may be required by the ordinances and fire and health regulations of the Town of Estes Park, Colorado, or any other governmental authority; to provide suitable
containers for trash, garbage and other waste matter so as to prevent the accumulation or blowing about of any such matter; to empty said containers as necessary; to suffer no accumulation of ice or snow upon the sidewalks, ramps, decking or other walkways on or about the above described premises, including connections to the riverwalk and patio area; and in general, to maintain a clean and sightly appearance of the demised premises. 4. Not to alter the premises in any manner except with the written consent of the Lesser. All further construction or decoration of any kind shall be done subject to Lesser's approval, at the expense of the Lessee. Upon the end of the term hereof and of the renewal hereof, in the event this lease is renewed, Lessee may remove any and all personal property, excluding fixtures, which may be removed without damage. All fixtures, and personal property not so removed, and any future improvements made upon the above described property, shall become the sole property of the Lessor. 5. To allow Lessor or its representatives at all time to have free access to said demised -premises for the purpose of examining or inspecting the condition of the same or of exercising any right or power reserved to Lessor under the terms and provisions of this lease. And it is agreed by the parties hereto: a. That the premises shall be used by Lessee as a tourist information center, which shall not contain any commercial activity that is not necessary to the use of the premises as such center. b. That Lessee may remove all Of its fixtures, equipment, displays, artifacts or other personal property of Lessee at the termination of this lease; provided that such removal can be accomplished without damage to the demised premises. c. That Lessee shall have the option to renew this lease for a term of five (5) years upon the same terms and provisions of this lease, except for these renewal provisions; provided that Lessee exercises this option to renew by notice 2
in writing to Lessor of its intention so to do not less than thirty (30) days before the end of the term hereof. d. That Lessee shall pay for all utilities for the ~ demised premises. e. That Lessor shall provide, at Lessor's expense, hazard insurance for all improvements on the above described property. Hazard insurance on the contents Of the improvements may be provided by Lessee, at Lessee's option. f. That, should Lessor allow Lessee to hold over and occupy said premises, after the expiration of the term hereby created, Lessee shall hold and occupy said premises for a term of one (1) month and so on from month-to-month so long as the relation of Lessor and Lessee continues, subject to all and each of the covenants, conditions and provisions herein contained. g. That, in the event Lessee abandons or vacates said premises before the expiration of the term of this lease, Lessor may declare this lease forfeited forthwith. h. That, if said rent should at any time be in arrears or unpaid, or if Lessee shall underlet or otherwise use said premises for any purpose other than the purpose set forth herein, or should fail to comply with the conditions of this lease, or give notice under the terms hereof, or should not well and truly perform and fulfill all and every one of the covenants and agreements herein contained on the part of Lessee to be performed and kept, then this lease shall, at the option of Lessor, cease and absolutely determine. No such determination Of this lease, nor taking or receiving possession of the premises, shall deprive Lessor of any other action against Lessee for possession or damages. All rights and liabilities herein given to, or impose upon, either Lessor or Lessee shall extend to their successors and assigns. i. That Lessee shall provide comprehensive general liability insurance coverage of $150,000 per person and $600,000 per occurrence to provide liability coverage for all 3
risks in the leasing of the premises. The Lessor shall be named as additional named insured on the policy. A copy of the Certificate of Insurance to be submitted to the Town's Finance Department upon execution of the Lease and each year thereafter, on the renewal date, for the term of the Lease. The form of the policy and coverage shall be subject to approval by Lessor. j. That Lessee may not assign this lease in whole or in part, nor underlet the demised premises or in any part thereof without the written consent of Lessor. k. That this lease sets forth all the promises, agreements, conditionk and understandings between Lessor and Lessee relative to the demised premises; and that there are no promises, agreements, conditions of understandings, whether oral or written, between them other than as are set forth herein. No subsequent alterations, changes or additions of or to this lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk ESTES PARK CHAMBER OF COMMERCE /#resident ATTEST: Secretary 4
. RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION TO SUPPLEMENT THE TOWN OF ESTES PARK'S 1995 GENERAL FUND BUDGET. WHEREAS, the Town of Estes Park has entered a lease purchase agreement to purchase the Youth Center Building for the amount of $60,000; and WHEREAS, on November 8, 1994, the voters of the Town of Estes Park approved a ballot question allowing the Town to retain all excess revenues above the revenue limitations of Article X of Section 20 of the Colorado Constitution; and WHEREAS, the above-mentioned excess revenues will need to be transferred to the Community Reinvestment Fund in the anticipated amount of $200,000 at the close of the 1995 fiscal year; and WHEREAS, the General Fund 1995 Budget will need to be supplemented to allow for . the excess transfer to the Community Reinvestment Fund. : NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. THAT the following 1995 budgets be amended as follows: 1995 Revised Fund Amount Budget General Fund $260,000 $8,137,306 2. The General Fund revenue sources are a lease purchase agreement and general sales tax revenues. ADOPTED this 28th day of November, 1995. Mayor ATTEST: Town Clerk
2.72 ~fkt TOWN OF ESTES PARK IVV / lit v.kra.ar il, -ittiEW:Fizwt-)"Mig, 10 0 1 -4-l flork# &9. - 132*Vi;*70<29'~,t= .-' , h. j.4 ... lia. -- 1,eq, -12*.. Z 50.1 1,0- 'LA A 17 '24?411 ru ,» h>,-'.0 ~b'49<Pk,jw.~P»--422.->-: - - ; - 1-b~,»@A,1-- 42711- 44 i./.Ii:32~t;:1 .i - / MEMORANDUM TO: Board of Trustees FROM: Monte L. Vavra, Finance Officer DATE: November 28, 1995 SUBJECT: Highway Users Trust Fund Public Hearing, 1996 Budget November 28, 1995 Colorado budget law requires a public hearing be conducted to discuss how the Highway Users Trust Fund revenues are proposed to be expended in the ensuing fiscal year. The following are the proposals that are included in the 1996 Town of Estes Park Budget: 1. Estimated Revenues: $146 ,629 2. Estimated Expenditures: Resurfacing Overlay 200,000 P.O. Box Installation 20.000 $220,000 In addition, expenditures for snow plowing, street maintenance, or any other expenditures directly related to streets are allowable uses of Trust Fund revenue in the event that either of the above- listed projects are not constructed or come in considerably less than budget. r303) 586-5331 • P.O. BOX -1 200 • ESTES PARK. CO 80517 • FAX (303) 586-0249 COMMUNITY DEVELOPMENT • FAX (303) 586-6909 OTHER
RESOLUTION TO SET MILL LEVIES A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1996, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 1996 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Estes Park will adopt the annual budget in accordance with the Local Government Budget Law on November 28, 1995; and WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $169,635; and WHEREAS, the 1995 net valuation for assessment for the Town of Estes Park as certified by the County Assessor is $60,692,050. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That for the purpose of meeting all general operating expenses of the Town of Estes Park during the 1996 budget year, there is hereby levied a tax of 2.795 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 1996. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Larimer County, Colorado, the milllevies for the Town of Estes Park as hereinabove determined and set. ADOPTED this 28th day of November, 1995. Mayor ATTEST: Town Clerk iv
RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH FUND, AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE IST DAY OF JANUARY, 1996, AND ENDING ON THE LAST DAY OF DECEMBER, 1996. WHEREAS, the Board of Trustees of the Town of Estes Park have appointed Gary F. Klaphake, Town Administrator, to prepare and submit a proposed budget to said government body at the proper time; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearing was held on November 28, 1995 and interested taxpayers were given the opportunity to file or register any objections to said proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That estimated expenditures for each fund are as follows: General Fund . $ 8,039,003 Community Reinvestment Fund ... 997,338 Museum Fund 151,630 Conference Center Fund ....... . 495,684 Conservation Trust Fund ........ 40,000 Special Events Fund ........... 469,360 Light and Power Fund ......... 6,891,240 Water Fund . . 2,369,139 Self-Funded Medical Ins. Fund .... 180,500 Fleet Maintenance Fund ...... . 285,214 Firemen's Pension Fund ........ 40,100 Policemen's Pension Fund ....... 2.565 TOTAL $19,961,773 V
Section 2. That the estimated resources for each fund are as follows: General Fund: From unappropriated surpluses .............$ 968,551 From sources other than general property tax . ... 7,464,560 From the general property tax levy ........................... 169.635 TOTAL GENERAL FUND $ 8,602,746 Community Reinvestment Fund: 1,063,242 Museum Fund: 155,403 Conference Center Fund: 497,189 Conservation Trust Fund: 49,411 Special Events Fund: 488,596 Light and Power Fund: From unappropriated funds ........... 3,479,746 From other revenue sources .......... 6.832.314 TOTAL LIGHT & POWER FUND 10,312,060 Water Fund: From unappropriated funds . . . . . . . . . . . 2,764,313 From other revenue sources .......... 1.887.800 TOTAL WATER FUND 4,652,113 Catastrophic Loss Fund: 277,148 Self-Funded Medical Ins. Fund: 281,252 Fleet Maintenance Fund: 302,928 Firemen's Pension Fund: 687,886 Policemen's Pension Fund: 24.175 GRAND TOTAL $27,394,149 Vi
Section 3. That the budget, as submitted, amended, and hereinabove summarized by fund, be and the same hereby is approved and adopted as the budget of the Town of Estes Park, Colorado, for the year stated above. Section 4. That the budget hereby approved and adopted shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town. ADOPTED this 28th day of November, 1995. Mayor ATTEST: Town Clerk Vii
RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE 1996 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law on November 28, 1995; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as setforth in said budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: THAT the following sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated: General Fund: Current Operating Expense ........... $ 7,289,543 Capital Outlay 749.460 TOTAL GENERAL FUND ................. $ 8,039,003 Community Reinvestment Fund: Capital Outlay ............ ................ 997,338 Museum Fund: Current Operating Expense ........... 136,071 Capital Outlay 15.559 TOTAL MUSEUM FUND ................. 151,630 Conference Center Fund: Current Operating Expense .............,...... 495,684 Conservation Trust Fund: Capital Outlay .......,./...././........../ 40,000
Special Events Fund: Current Operating Expense ........... 417,360 Capital Outlay 52.000 TOTAL SPECIAL EVENTS FUND ............ 469,360 Light and Power Fund: Current Operating Expenses . . . . . . . . . . 6,126,615 Capital Outlay 764.625 TOTAL LIGHT and POWER FUND ........... 6,891,240 Water Fund: Current Operating Expenses .......... 1,603,789 Capital Outlay ................... 765.350 TOTAL WATER FUND 2,369,139 Self-Funded Medical Insurance Fund: Current Operating Expense .................... 180,500 Fleet Maintenance Fund: Current Operating Expenses .......... 197,514 Capital Outlay 87.700 TOTAL FLEET MAINTENANCE FUND ........ 285,214 Firemen's Pension Fund: Current Pensions 40,100 Policemen's Pension Fund: Current Pensions 2.565 GRAND TOTAL $19,961,773 ADOPTED this 28th day of November, 1995. Mayor ATTEST: Town Clerk '4 1