HomeMy WebLinkAboutPACKET Town Board 1995-12-05BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, December 5, 1995 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three 93) 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 28, 1995. 2. Bills. ACTION ITEMS: 1. Planning Commission items: A. Storer Ranch Rezoning Requests - Public Hearing: 1. Richard Wille, Lots 8 - 11, from C-0 Outlying Commercial, to R-M Residential. 2. Lone Pine Residents, Northerly 1/2 of Storer Ranch Addition, from C-0 Outlying Commercial to E-Estate. B. Public Hearing. Amended Plat of Lots 7, 8, 25, and a Portion of Lot 24, Block 10, Town of Estes Park, Rex Miller/Applicant. 2. Glacier Creek Water Tank Bid Presentation - Approval. 3. Drug and Alcohol Testing Policy and Resolution #34-95 - Approval. 4. Special Events/EVRPD Agreement for Use of Barn W - Approval. 5. Department of Revenue, Motor Vehicle Division - Lease Extension for Driver's License Office Space - Approval. 6. Liquor Licenses: A. Transfer of Ownership from Susan Johnston, Randy Anderson, and Vern Benjamin to Susan Johnston and Randy Anderson, dba MOLLY B RESTAURANT, Beer & Wine Liquor License, 200 Moraine Ave. 7. Estes Valley Public Library District Appointments: A. Wilbur Coyle and Allen Wasson, 4-year terms, expires 12-31- 99. 8. Museum Advisory Board Appointments: A. Eugene Oja and Nancy Sciaffo, 4-year terms, expires 12-31-99. B. Jack Melton, 1-year term, expires 12-31-96. 9. Town Administrator Report: A. Report on New Health Insurance Plan.
Town Of Estes Park, Larimer County, Colorado, Neventer. 28· . ., 19. 95· regular Minute, of a........ meeting of the Board of Truotees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . .28th. day of .... Noyamber- A.D., 19. .95 at regular meeting hour. ProTem Robert L. Dekker Meeting called to order by Mayor ......................... Pregent: Mayor ProTem Dekker Trusteeg: Susan L. Doylen Stephen W. Gillette William J. Marshall Michael E. Miller J. Donald Pauley Also Present: Gary F. Klaphake, Town Administrator Tina Kuehl, Deputy Town Clerk Abient: Mayor H.B. Dannels Mayor ProTem Dekker called the meeting to order at 7:30 p.m. Administrator Klaphake noted that Mayor Dannels was attending the National League of Cities conference, and added that this agenda did not warrant the attendance of Attorney White. PUBLIC INPUT. Louis O'Riordan commended the Board for their efforts regarding the Lone Pine Housing project, urged people to vote on December 12, and offered transportation to the polls. 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. It was moved and seconded (Doylen-Gillette) the consent calendar be approved, and it passed unanimously. ACTION ITEMS. 1.A. Town of Estes Park Cleaning Contracts. Trustee Gillette declared a conflict of interest regarding the A-1 Trash contract, and did not participate in the discussion nor vote. Public Works Director Linnane reported that A- 1 Trash provides trash collection and services the recycle bins. The 1996 contract amount is $15,639 plus $1,300 for the recycle
Board of Trustees, November 28. 1995 - Page 2 containers. A 10% contingency for emergency cleanup situations will be established. It was moved and seconded (Doylen-Pauley) the A-1 Trash 1996 contract for trash collection services in the amount of $16,939 be approved, and it passed unanimously, with Trustee Gillette abstaining. Trustee Doylen commended A-1 Trash for their service. Director Linnane explained that Ultimate Cleaning Company services the public restrooms, and Triple C Cleaning Company maintains the Municipal Building. It was moved and seconded (Gillette-Marshall) the contracts for Ultimate Cleaning Co. in the amount of $20,750 and Triple C Cleaning Co. in the amount of $13,608·be approved, and it passed unanimously. B. Chamber of Commerce Building Lease Agreement. Director Linnane reported the standard building Lease Agreement is five years, beginning January 1, 1996, and·the rent is $1.00 per year. Administrator Klaphake noted that a commercial value will be placed on the building, and included in the budget as "in kind". It was moved and seconded (Gillette-Doylen) the Chamber of Commerce five-year Lease Agreement, expiring December 31, 2000, be approved, and it passed unanimously. C. Street Department Gate Sander. Director Linnane requested authorization to purchase a gate sander for $6,730, including a trade-in. It was moved and seconded (Marshall-Gillette) the purchase of a gate sander from Macdonald Equipment in the amount of $6,730 be approved, and it passed unanimously. 2. 1996 Pav Plan. Administrator Klaphake reported the following recommendations for the 1996 Pay Plan: 1. A 4.0% across-the-board increase for all employees, excluding department heads who will be individually i evaluated, with a maximum of a 4% raise; raise pay ranges 5.0% to adjust for market. 2. 0.25% pool for incentive awards to be managed by the Town Administrator. It was moved and seconded (Gillette-Doylen) the 1996 Pay Plan be adopted as presented, and it passed unanimously. 3. Resolution #30-95 - Supplementing the 1995 General Fund Budget. Finance Officer Vavra reported that the General Fund revenue sources are a lease purchase agreement for the purchase of the Youth Center building .in the amount of $60,000, and general sales tax revenues totaling approximately , $200,000. The 1995 revised budget is $8,137,306. Vavra read the resolution. It was moved and seconded (Doylen-Marshall) Resolution #30-95 be approved, and it passed unanimously. 4. Presentation of 1996 Budget. Finance Officer Vavra presented the 1996 budget. A. Highway User's Trust Fund, 1996 Budget - Public Hearing. Mayor ProTem Dekker opened the public hearing. Officer Vavra explained how the Highway User's Trust Fund revenues are proposed to be expended in the ensuing fiscal year, and noted that expenditures are greater thanrevenues and the difference will be covered through the General Fund: Estimated Revenues $146,629 Estimated Expenditures: Resurfacing Overlay $200,000 Post Office Box Installation $ 20.000 $220,000 In addition, expenditures for snow plowing, street maintenance or any other expenditures directly related to streers are allowable uses of this Trust Fund revenue in the event that
, Board of Trustees, November 28, 1995 - Page 3 either of the above-referenced projects are not constructed or if they are bid at considerably less than budgeted. There being no public testimony, Mayor ProTem Dekker closed the public hearing. It was moved and seconded (Gillette-Pauley) the proposed expenditures for the Highway User's Trust Fund revenues be approved, and it passed unanimously. B. Resolution #31-95 - Mill Levy. Officer Vavra explained the mill levy is set at 2.795 mills, correcting the general operating expenses to $169,635 and net valuation for assessment to $60,692,050. Vavra read the resoltuion. It was moved and seconded (Pauley-Marshall) Resolution #31-95 be approved, and it passed unanimously. C. Resolution #32-95 - Adopting Budget. Officer Vavra reported that the resolution adopting the 1996 budget was amended to reflect the two recommendations (CACEP and advertising) made by the Town Board Study Session Committee, November 13, 1995. Vavra read the resolution. It was moved and seconded (Gillette-Doylen) Resolution#32-95 be approved, and it passed with the following votes: Those voting "Yes" Trustees Doylen, Gillette, Marshall, and Pauley. Those voting "No" Trustee Miller. Trustee Miller explained that, in his opinion, the budget does not reflect the goals set by Town Board. D. Resolution #33-95 - Appropriating Sums of Money. Officer Vavra explained this resolution appropriate funds to each budget item. It was moved and seconded (Gillette-Marshall) Resolution #33-95 be approved, and it passed unanimously. 5. Estes Park Building Authority - Reappointments. It was moved t and seconded (Doylen-Gillette) James Banker and James Durward be reappointed to the Building Authority for three-year terms, expiring January 1999, and it passed unanimously. Mayor ProTem Dekker adjourned the meeting at 8:10 p.m. Convene as Estes Park Housing Authority 1. Resolution #5-95 - Adopting Budget. Mayor ProTem Dekker opened the public hearing. Administrator Klaphake explained the background and the accounting process for the Lone Pine Project. Hearing no further testimony, Mayor ProTem Dekker closed the public hearing. It was moved and seconded (Gillette-Doylen) Resolution #5-95 be approved, and it passed unanimously. Mayor ProTem Dekker adjourned the meeting at 8:37 p.m. ................. Mayor ProTem ................ Deputy Town Clerk
* 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 STORER RANCH ADDITION - - COMBINED ZONING HEARING. 3.a./3.c. Proponents/Opponents for Zoning P .1 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 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 rezoning 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. 3.b./3.d. Prononents/Opponents of Zoning Progosal 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.
*.e. Amended Plat. Lots 7. 8. 25 and a portion of Lot 24. Block 10. Town of Estes Park (Lewiston condos), Rex Miller. Applicant. This subdivision combines portions of three lots L 8. into one and corrects an illegal subdivision for Lot 78. Applicant' s Representative Bill Van Horn referred to the Staff recommendations and noted the action taken. Director Stamey added that a utility easement for the water main extension running east to west across Lot 7B must be provided as well as a drainage easement along the east lot line of Lot 8A. Attorney White noted that an adjustment at the northern lot line on Lot 7B has resulted in additional property being granted to the Lewiston Homeowners Association. Curtis Sears, attorney for the Association, verified that the Association would accept this land. Following discussion, it was moved and seconded (Burgess-Brown) the Amended Plat, Lots 7. 8. 25 and a portion of Lot 24, Block 10, Town of Estes Park (Lewiston Condos) be favorably recommendation to the Board of Trustees subject to the following, and it passed unanimously: 1. Show the deletion of building D and the garage, the street name change to Spruce Dr, and monumentation on the plat. 2. Delete "public" access easement from the dedication statement. 3. Add driveway maintenance note. 4. Add drainage and water line easements.
ROCKY MOUNTAIN CONSULTANTS, INC. 9mc 437 South St. Vrain Estes Park, CO 80517 (303) 586-2458 December 1, 1995 Metro (303) 825-8233 FAX (303) 825-8912 Bill Linnane Public Works Director Town of Estes Park Estes Park, CO 80517 RE: Glacier Creek 1.0 Million Gallon Water Storage Tank Dear Bill: Rocky Mountain Consultants, Inc. (RMC) has received bids for the Glacier Creek 1.0 Millon Gallon Water Storage Tank for the Town of Estes Park. The bid opening was held November 30, 1995 at 2:00 P.M. at our office. Three bids were received. The results are as follows: Company Bid 1. Duckels Construction, Inc. $742,905.00 2. Park Construction, Inc. $783,586.00 3. Lillard & Clark Construction Co.,Inc. $1,081,115.00 Engineers Estimate"· ~ · $729,650.00 Unit prices for all bidders have been verified and is enclosed with this letter. References have been called for Duckels Construction, Inc. We recommend awarding a construction contract to Duckels Construction, Inc. for $742,905.00. Further, we recommend for budgeting purposes retaining approximately 5 % ($37,000) for contingency purposes. If you have any questions, please do not hesitate to call. Sincerely, RO KY *UNTAIN CONSULTANTS, INC. 4/ Kerty M. Prochaska, P.E. Associate Principal KMP/mas Enclosures CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING
Memorandum DATE: November 30, 1995 TO: Town Board FROM: Bill Linnane Outt€ 4;,-0.-a_-, RE: Glacier Creek Water Tank Project The low bidder and bid for the Glacier Water Tank is Duckels Construction at $742,905, as explained in the attached RMC letter. After last weeks purchase of the tank site property from the YMCA, the remaining budget is $734,699. Therefore, the low bid is $8,206 over budget. The $8,206 can easily be funded by the 1995 Glacier Tank Engineering services which is approximately $30,000 under budget. Change orders for this type of a project typically range from 1% (Marys Lake WTP) to 10% of the total bid price. Since the cash balance of the Water Dept. is financially very healthy, 1996 funds will be available to cover this change order range. For accounting purposes, this will be accomplished by a 1996 budget amendment. Based on the RMC letter and the above financial discussion Staff requests to award the $742,905 low bid to Duckels Construction Inc. and, if necessary, to fund any change orders with a 1996 budget amendment.
RESOLUTION WHEREAS. the United States Department of Transportation requires all municipalities to comply with drug and alcohol testing requirements for CDL-Licensed Drivers; and WHEREAS, the deadline for compliance for this Federal mandate for the Town of Estes Park is January 1, 1996; and WHEREAS. the Town's Drug and Alcohol Testing Policy incorporates the Department of Transportation regulations. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, Colorado: Section 1. The Town's Drug and Alcohol Testing Policy is hereby adopted and approved effective January 1, 1996. PASSED AND ADOPTED THIS 5th DAY OF DECEMBER, 1995. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk TOTAL P.02
November 3, 1995 Since the Community Development Committee Meeting for November 3, 1995, was canceled, I submit the following for your consideration at the Trustee Meeting. Explanation of the Agreement between the Town of Estes Park and Estes Valley Recreation & Park District regarding the use of Barn W for the in-line skating program. The use of Barn W would be approximately December 15th through April. They anticipate using the facility two to three times a week. Town will pay electric use. District will: Pay a fee of $10.00 per use. Provide a floor to ceiling net around the playing area to protect the walls and stored vehicles in the Barn. Plow snow to Barn W when needed. Provide supervision at all times. Provide required insurance. I recommend that this Agreement be accepted. T nda Hinze I xecutive Director Special Events Department
AGREEMENT THIS AGREEMENT, made and entered into this day of , · 1995, by and between the TOWN OF ESTES PARK, a Colorado Municipal Corporation, hereinafter referred to as ( "Town") and the ESTES VALLEY RECREATION AND PARK DISTRICT, a Colorado Special District, hereinafter referred to as (" the District"). WITNESSETH: 1. Town shall provide to the District approximately one-half of Barn W located at Stanley Park for the purpose of in-line hockey games for the District. The use of Barn W shall be from approximately mid December, 1995 through April of 1996. The frequency of use shall be two (2) to three (3) times per week. The District shall pay to the Town Ten and 00/100 Dollars ($10.00) per use for Barn W. Said sum shall be payable upon receipt by the District of an invoice from the Town. 2. The District agrees to provide a floor to ceiling net around the playing area to prevent damage by flying pucks to walls and other property located in Barn W including, but not limited to, the RV storage in Barn W. This net will be placed by the District prior to the beginning of any use of Barn W for in-line skating and removed at the end of the District's use of Barn W. The District will be solely responsible for the operation of the in-line skating program. Said responsibility shall include, but not be limited to, direct supervision at all times by the District of the program, supervision over parking, participants and spectators, security for all property located in Barn W during the use of Barn W by the District and safety for all participants and spectators in the in- line skating program. 3. The Town shall provide lights in Barn W for the program. 4. The Town will not provide snowplowing from the general parking area to Barn W. However, the District may plow that area in its discretion. 5. The Town shall have the overall authority, control and supervision of Stanley Park, except for the in-line skating program, as hereinabove provided, which shall be under the sole supervision, control and responsibility of the District. 6. District shall provide comprehensive general liability insurance with minimum policy limits of One Million and 00/100 Dollars ($1,000,000.00) for each occurrence and One Million and 00/100 Dollars ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual employee's acts, contractual and independent contractors). The Town shall be named as an additional insured on this policy.
District shall furnish certificates evidencing the above insurance requirements including the addition of the Town as an additional insured on the policy at least thirty (30) days prior to the beginning of the in-line skating program. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) per person and Six Hundred Thousand and 00/100 Dollars ($600,000.00) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity act, 24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the parties or any of their officers, agents or employees. District understands and agrees that they are an independent contractor under the terms and conditions of this Agreement. As such, they are not entitled to unemployment or insurance benefits through the Town. Also, the District understands and agrees. that they are solely responsible for all Federal and State Income Tax, FICA taxes and Unemployment Insurance taxes. District also understands and agrees that they are responsible for Workmen's Compensation coverage and taxes for themselves and any employee. 7. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered mail as follows: Town of Estes Park c/o Linda Hinze Estes Park Fairgrounds P.O. Box 1967 Estes Park, CO 80517 Estes Valley Recreation and Park District c/o Stan Gengler P.O. Bok 1379 Estes Park, CO 80517 8. In the event that there is a default under any terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party ten (10) days notice in writing of said default. If said default is not cured within ten (10) day period, then the non-defaulting party shall be entitled to all damages incurred by the non-defaulting party as a result of said default, including an action for specific performance. Said damages shall include all reasonable attorneys' fees and court costs incurred by the non=defaulting party.
9. District agrees to include the Town on all releases or waiver of liability obtained by District from all in-line skaters, with the Town to be released in the same manner as District. District agrees to furnish to the Town a copy of the waiver or release form which the District intends to use for said purpose. 10. District agrees that Town should not be liable for any injuries, sickness or damage to any of the in-line skaters, or personal property, resulting from the negligent acts and omissions of the District and its employees/agents and to the extent permitted by law, District agrees to indemnify and to hold Town harmless therefrom and from any such third-party claims for loss, damage, sickness or injury caused or alleged to have been caused directly or indirectly by District, its employees or agents, and arising from the in-line skating program. 11. This Agreement represents the entire agreement between the parties and shall not be amended by either of the parties hereto without written consent of the other party. 12. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have subscribed their - names the day and year first above written. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk ESTES VALLEY PARK AND RECREATION DISTRICT BY: ~~ ~/t-~'01'~ ATTEST: 401£.u (649&614
. -k. TOWN OF ESTES PARK INTEROFFICE MEMORANDUM 2 v 4 TOWN OF ESTES PARK 1 / f ./ A-j:-e. , t . 1142 -- «,03 .'140 4 .r-*Rbi72 y ,-4 '/ D -» h>.7-,A.- r....'\~-2~>-2114~11 r .0.4 - t. \ (br#668*24·4 _ * C Date: November 30, 1995 To: Gary Klaphake Town Board of Trustees From: Rich Widmer 77'.* Subject: Driver Liceg19#ice Space Lease Extension For some years the Town has leased office space to the State of Colorado for their driver license office. The present three-year lease expires December 31, 1995. The final year (1995) of this lease is for an annual rent of $10.00 per square foot, or $3,760 per year for their 376 square feet of space. The State wishes to extend the lease through 1998 at a rent of $10.80 per square foot, an 8% increase. Staff believes this is a fair rate based on the market for second floor space in the downtown area. Staff recommends the Mayor be authorized to sign the Lease Extension Agreement for 1996 through 1998 with the State of Colorado for the driver license office at a rent of $10.80 per rentable square foot. (1 n 31 586-5331 • po. BOX 1 200 • ESTES PARK, CO 80517 • FAX (303) 586-0249 COMMUNITY DEVELOPMENT • FAX (303) 586-6909 OTHER
FEB-26-1994 12:11 FROM 2583 27677 6772537 To 919705866909 P.01 BlueCross BlueShield 700 Broadway Denver, Colorado 80273-0002 of Colorado Ant.* . • 11.k#i,fecith¢BlorCnniandmieS-GA,loctioon November 28, 1995 Mr. Monte Vavra Town of Estes Park P.O. Box 1200 Esta Park, Co. 80517 Dear Mr. Vavra: This letter is to confirm that we are extending your current rates and benefits to February 1,1996. We have not settled the issue of 1996 deductibles. We will keep your broker, Mel Kuhr, advised of our decision. We are sorry for any inconvenience this has caused you. Sincerely, Deb Lay Account Execu~ve- TOTAL P.01