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Home My WebLink AboutPACKET Town Board 1998-08-25it Prepared 8/20/98 **Revised 8/20/98. ***Revised 8/21/98 ****Revised 8/24/98 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, August 25, 1998 SPECIAL TIME - 5:30 P.M. AGENDA Mayor Dekker will open the meeting and request an Executive Session to discuss a Personnel Matter and Land Negotiations. Mayor Dekker will then reconvene the Town Board at the regular meeting time of 7:30 p.m. Presentation: Certificate of Appreciation to Jim Ranglos for Distinguished Service to the Town of Estes Park. PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated August 11, 1998. 2. Bills. 3. Committee Minutes: A. Light and Power, August 13, 1998: 1. Approval -of Contract with TSI for Pine Valley Three-Phase Project. B. Public Works, August 20, 1998: . 1. Lakes Estes/Wapiti Meadows Bike Trail - Acceptance of low bid. 2. 1998 Street Improvement Project, Asphalt Overlay Portion - Acceptance of low bid. 3. Glacier Water Plant Rehab, Ph. 2 - Approval of negotiated price. ACTION ITEMS: 1. Inter-Agency Council Presentation - Request to continue "link" with Town. 2. Public Hearing - Northern Colorado Water Conservancy District Inclusion: A. Ordinance #14-98 - N.C.W.C.D. B. Ordinance #15-98 - Municipal Subdistrict/N.C.W.C.D. 3. Highway 34/36 Intersection Project - Presentation by RMC. 4. Adoption of 1997 Uniform Building Codes (continued from August 11, 1998) ***Staff requests this item be continued to September 8th : A. Ordinance #10-98 Uniform Building Code, 1997 Edition, Volumes 1 through 3. B. Ordinance #11-98 Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition. C. Ordinance #12-98 Uniform Mechanical Code, 1997 Edition. D. Ordinance #13-98 Uniform Plumbing Code, 1997 Edition. 5. **Public Hearing: Wildfire (Homestead) Ridge Annexation (Continue to September 8, 1998): A. Annexation Resolution # B. Annexation Ordinance # C. Zoning Ordinance # 6. Ordinance #16-98 - Amending Chapter 5.20 of the Municipal Code Pertaining to Rental of Residential Property. 7. A. ****Resolution #11-98: Estes Park Substation Refinancing Project. B. ****Resolution #12-98: Parcel 1, Stanley Historic District Special Improvement District - Election. C. ****Resolution #13-98: Parcel 1, Stanley Historic District - Reimbursement. D. ****Agreement with Larimer County for Election Services - Coordinate-d-El-ection November 37 I-998. 8. Acting Town Administrator's Report: A. Stanley Hall Preservation Project: 1. Approval of contract for water and sewer installation. 2. Approval of contract for foundation stabilization. -2- '24%Â§%%46%6%%44â‚¬%0824%*44'*41.fav'.P.Â¥40<16(%4%(%"156.15.'*rfe.*19.16:TU~11:tib 0 4 1/41 f 2/1 13 0 â‚¬Â»i 00 2 0 t & 1 /1 6 9,4 4 0 6% 4 3 9 E t= c 'vv f.~0 2 80 0 . a 0 4 ki il .-6 Ou .-%0/ e .% I.- Ce O 8 8, 4 6 " tk ECE 8 2 1 h i 1 h. 4 3 2.8 0 2 cd S U' ..1 2 0 -2 4 0 0 % 00 % 31 0,5 : 01 % .2.U 3 8 Eli~ 1 * L- 09 R;4 ; : 9 4 -= 8 ID@ b + C.8 gia 60 0 U=1 --8 O ect 6-1 g M.* Â© 6*4 t:cE>. = .Â¤ i PRE 0. $-b .1 4 9 .E 9 3 - 1 O C M 864 4 â‚¬=0010 0 a)(D O U (~) ..5 6 6.000=m 2,5*1=OE LU- REâ‚¬bon (8@WEd (0 e 29 , 3 E Â·a f B Egial * 29 Â¢ 0 (>D 03 OO 1 lit O<4404= ,{39%>4 2 94 W & 5 2 . g d 4 0 H 4 Â® M S .8 4 2 8 E EM8044= * A , 9 0 #tÂ¢, E % 92 4-0 & \-47? m E M S.8 8 â‚¬ 21) : C. M M 23 25 aa # .8 R 0 U i ty 1 1 2 3 2 C ed 00 *~â‚¬-a ME & r, Â·fl,i]Â§1~~ 4 *49=ail-Qum'Mw>4*4. 4 6 2 @ 8 3 F /4/tgyr 6.-3 -95-~~ / 1 90 1 WA * * A 2 ..4 -1. Â¢4Â¢*'%1*f * t n. 9.4 ertificate o ciation SUUUIN IUMmu! pue jugpISvid pue Services President rectors of Accreditation tAL Ata,or 26 U 4,ow,1 tkat th,Â£6 06, 624/ IUMV OOTAIOS B te %Â£446 43 43' 46 + g.&-0**kE--0. 1V 'NVV,Il-In] Â· MN 08 113H0LIA OEPL - 011 '31Â¥3Iztlll30 - 0661 1HDIMAd0J . Town o f Estes Park, Larimer County, Colorado, August 11,1998 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 11 th day of August, 1998. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek George J. Hix Lori Jeffrey William J. Marshall Also Present: Rich Widmer, Acting Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Mayor Dekker called the meeting to order at 7:31 p.m. PUBLIC COMMENT: Patrick Cipolla suggested an Independent Accountability Committee, similar to the Community Breakfast, be reactivated at a more convenient time where citizens could have a dialog with the Town Board. Mayor Dekker responded that the breakfast meetings were not well attended, thus they are not being planned at this time. David Habecker commented on .excessive noise, particularly with Harley Davidson Motorcycles. Discussion followed concerning enforcement, and Home Rule v. Statutory Town parameters. Acting Town Administrator Widmer confirmed that currently, the Town does not have an ordinance specifically controlling decibel levels and/or the modification of exhaust systems to enhance sound. Mayor Dekker stated that staff (Police Dept.) will research this matter, to include budget ramifications relative to testing equipment. TOWN BOARD COMMENTS: Response to the public on: (1) Dog Waste Removal. Police Chief Repola confirmed that Municipal Code Section 7.12.110 addresses the issue of responsibility for removal of the waste on both public and private property-the dog owner is responsible for removal of dog feces. Enforcement is managed on a complaint basis. Dog owners are cited into Municipal Court and penalized by the Municipal Judge. Complainants, however, must be willing to testify in Court. Regarding the Lake Estes Trail, the E.V.R.P.D. manages any signage that may be necessary. Trustee Baudek has provided staff with a sample plastic bag with cardboard scoop being utilized by other municipalities, and the Street Supt. is looking into this item and he will advise. (2) Betterment Fee. Town Attorney White advised that this fee is managed by the Chamber Resort Association (CRA). A contribution of 1% is added to the advertised price of all transactions to which Colorado Sales Taxes are collected. The 1% collection is remitted to the CRA to be used for marketing and promoting the Board of Trustees - August 11, 1998 - Page 2 ' Estes Park area. The 1% fee is not a tax; it is a fee paid by the customers when they purchase a product or service. The CRA has provided a pamphlet for businesses and customers that further explains the fee and process. CONSENT CALENDAR: 1. Town Board Minutes dated July 14, 1998, and Special Meeting August 6. 1998. 2. Bills. 3. Committee Minutes: A. Public Safety, August 6, 1998: 1. Resolution #10-98 Access Charges for Exchange Access Facility Charge ($.45/mo.) and Wireless Communications Access Charge ($.45/mo.). Police Chief Repola clarified the access charges, advising that L.E.T.A. must notify each of their member municipalities what the surcharge fees will be for the next year. These fees are paid by all telephone users and funding is used to invest in equipment necessary for Enhanced 911 capabilities. By law, both charges must be identical, and staff confirmed that customers began paying the fees when the IGA was approved. B. Planning Commission, July 21, 1998 (acknowledgment only). C. Board of Adjustment, August 4, 1998 It was moved and seconded (Hix/Doylen) the Consent Calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Adoption of 1997 Uniform Building Codes: Mayor Dekker opened the public hearing. In a memorandum dated June 29, 1998, Building Official Allman requested the 1997 Uniform Building Codes be adopted. Community Development Director Stamey noted that the codes reflect current building practices and material uses. In Table 1-A, the 1997 Uniform Building Code establishes building permit fees, and this fee schedule is updated every three years to reflect current costs. Larimer County has officially adopted the 1997 Codes which reflect a 10-12% increase in building permit fees. Trustee Baudek questioned whether the new codes contain significant changes, and how such changes affect builders. Staff noted that is was difficult to respond as changes are individually interpreted. Public testimony was heard from: Jerry Palmer, who stated that the Town should (1) provide a list of all major changes from the existing (1994) codes, and (2) justify the fee increase. Dave Habecker questioned when the ordinances would take effect; staff responded thirty days. There being no further testimony, Mayor Dekker closed the public hearing. Town Board/staff discussion followed, which in summary included: confirmation that indeed, the cost of doing business does have to bear some relationship to the fee being assessed, the ICBO may have the research Board of Trustees - August 11, 1998 - Page 3 information discussed above readily available, not all emphasis should be given to the fee increase-if public safety is improved, a fee increase may be justified, one substantive change included in the 1997 ordinance is "grading", and examples were given. Concluding all discussion, it was moved and seconded (Baudek/Barker) all Uniform Building Code Ordinances be continued to August 25th, directing Attorney White and staff to review same and (1) provide a list of major changes , (2) justify the fee increase, and (3) compare what building permit fees are now and what they will be with adoption of the new fee schedule, and it passed unanimously. Will Birchfield, was introduced as the Town's new additional Building Official. Mr. Birchfield is relocating from the Denver/Front Range area and officially joined the staff August 11th. Will is excited about joining the Town of Estes Park, and understands the purpose of government is to serve the community-that is his plan of action. The Board welcomed Mr. Birchfield. 2. Acting Town Administrator's Report: A. Talmey Drake Research Community-wide Survey. A survey was last completed in 1995, and a new survey is being commissioned. Approximately 400 calls will be placed before Labor Day, for both outside and inside Estes Park residents (demographically correct). Participants are encouraged to complete the phone survey. Some questions were modified from previous years, and some questions were written to reflect present-day issues. Report statistics will be presented when available. Following completion of all agenda items, Trustee Hix commented that he is looking forward to working with Rich as "Acting Town Administrator", and expressed his confidence thereto. There being no further business, Mayor Dekker adjourned the meeting at 8:25 p.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk I.A.FORD.U.LISHING.0. RECORD OF PROCEEDINGS Light and Power Committee August 13, 1998 Committee: Chairman Hix, Trustees Barker and Jeffrey Attending: All Also Attending: Acting Town Administrator Widmer, Light & Power Director Matzke, Assistant to the Light & Power Director Mangelsen, and Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:00 a.m. Pine Valley Three Phase - Authorization to Execute Construction Contract Director Matzke explained that Electrical Systems Consultants (ESC) performed the line design and prepared staking sheets for the Pine Valley three-phase conversion project. This project involves the conversion of 2.2 miles of single phase #6 copper overhead line to three phase #1/0 aluminum conductor east of Allenspark. ESC negotiated a price of $134,684 with TSI, the contractor on the Retreat and Meadowdale three-phase conversion projects. An additional $8,250 is needed for a tree-trimming subcontractor. This project was originally funded in 1997. When the 1998 budget was prepared, the project was anticipated to be completed in 1997, and thus no funding in 1998 was included. Approximately $48,000 is remaining from the Meadowdale and Retreat projects which will be used to fund the engineering and material costs of Pine Valley. The Committee recommends approval of the contract with TSI totaling $142,934, and an amendment to the 1998 budget of $145,000. Work will begin in September with anticipated completion in the fall. Platte River/Estes Park Customer Survey - Presentation Jon Little, Platte River Market Analyst, presented the findings of the 1998 PRPA/Estes Park Residential Customer Survey. Estes Substation Relocation - Long Range Plan Director Matzke presented a tentative layout of the proposed substation relocation to the east end of the power plant switchyard on Hwy. 36, preliminary time schedule, and estimated costs to the Town as well as total project costs. Acting Administrator Widmer recommends that the Town enter into an agreement with PRPA to manage the project. As with similar projects in member communities, Platte River will carry the cost to the end of the proj ect, which will improve the Department' s cash flow and allow issuing of revenue bonds based on exact project costs. The Committee recommends the Mayor request in writing that Platte River Power Authority manage the Estes Substation relocation project. REPORTS Platte River Report: Acting Administrator Widmer reported that ~RADFORD PUBLISHING CO. RECORD OF PROCEEDINGS ' Light & Power Committee, August 13, 1998 - Page 2 the last Board meeting was held in Craig, and discussed the failure of the Berthoud vote regarding municipalization of their electric system. PRPA General Manager Thaine Michie was appointed to the Electric Advisory Panel created by SB-102 to study deregulation. Rich Widmer has been elected to the RMEL Board of Directors. Director Matzke presented the July Financial Reports. Fall River Hydro Restoration: Assistant to the Light & Power Director Mangelsen reported that the planning grant in the amount of $46,965 was approved by the Colorado Historical Society, noting that this money is generated from the gaming industry, not taxpayers. Additional funds will be provided by the Town. Mangelsen attended a Planning Grant Administration Workshop to learn responsibilities associated with the grant program. A contract with the Historical Society is expected in September. When the contract is signed, a historical architect will be selected to help design the restoration project. Park School Power Quality Audit: Assistant Mangelsen reported that the School contacted the Town regarding the impact on power quality of the installation of over 200 computers at the school site. Along with PRPA, the Town conducted audits of their electrical supply and confirmed that their current electrical system is sufficient to handle the additional computers. This service was provided at no charge to the School District. Project Updates: Meadowdale Hills and Retreat Projects are underway. The fiber optic project is progressing well with the installation of the cable into the conduits and onto the poles. Chairman Hix adjourned the meeting at 9:27 a.m. 49.11-U~â€ž E:cke./ 4.9, 0.. Tina Kuehl, Deputy Town Clerk '1124,90.1:<;~~.... ~t :94%':.-7 TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Dekker and Board of Trustees From: Richard E. Matzke-77 694 Date: August 12, 1998 Re: Pine Valley Three Phase Conversion Project (Long Range Plan) Authorization to Execute Construction Contract BACKGROUND: The Light and Power Department engaged Electrical Systems Consultants (ESC) in June to perform the line design and prepare staking sheets for the Pine Valley three phase conversion project. This project which was recommended in the Long Range Plan involves the conversion of2.2 miles of single phase #6 copper overhead line to three phase #1/0 aluminum conductor east of Allenspark ESC has completed their work and negotiated with TSI, our contractor on the Retreat and Meadowdale three phase conversion projects a price of $134,684 for the labor to build the Pine Valley three phase conversion. In addition to the labor contract is an estimate of $8,250 for a tree trimming subcontractor. BUDGET/COST: This project was originally funded in the 1997 budget at $90,000, but was not done. There is no specific funding in the 1998 budget for this project. The 1998 budget includes $465,000 for the Meadowdale Hills and Retreat three phase conversion projects. The estimated total cost ofthese projects is $417,059.85 or $47,940.15 under budget. The $47,940 is adequate to fund the cost ofESC's engineering work and the cost of materials for this project. The Light and Power Department recommends that the 1998 budget be amended by $145,000 to fund the labor cost ofthis contract. RECOMMENDATION: The Light and Power Department recommends that we contract with TSI to build the Pine Valley three phase conversion project at an estimated total cost of $142,934 ~~-â€¢ and that the 1998 budget be amended by $145,000 from 1998 beginning retained earnings to fund this contract. REM 1-1 . BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS . Public Works Committee August 20, 1998 Committee: Chairman Baudek, Trustees Barker and Jeffrey Attending: All Also Attending: Acting Administrator Widmer, Public Works Director Linnane, Water Supt. Goehring, Construction Manager Sievers, Fire Chief Dorman, Kerry Prochaska, Clerk O'Connor Absent: None Chairman Baudek called the meeting to order at 3:31 p.m. and announced that the order of the Agenda would be revised to accommodate speaking guests. However, for record-keeping purposes, the minutes will follow the official Agenda. SEPTEMBER MEETING - REQUEST TO CANCEL. Due to scheduling conflicts, the Committee recommends the September 17, 1998 Committee meeting be canceled. PETITION FOR BIKE PATH ALONG ELKHORN AVENUE. Brian McCutchen, resident, submitted a petition with approximately 50 signatures requesting that the Town provide ~a safe and legal place for bicycles to ride their bikes, a bike path, through the downtown area." Mr. McCutchen stated that Elkhorn Ave. is unsafe, and bicycle travel on sidewalks is illegal. Staff noted that the path recently installed behind the Municipal Building is one phase of a future plan. Travel through the downtown area is currently available via bike paths, however, certain areas would require a bicyclist to dismount for a portion of the route. The Committee expressed their appreciation to Mr. McCutchen for his comments and requested he provide a list of alternative routes for review. LAKE ESTES/WAPITI MEADOWS PROJECT, PHASE V - REQUEST ACCEPTANCE OF LOW BID. This phase of the trail has been awarded a $95,000 grant from CDOT. Guidelines of the grant require the Town and EVRPD to fund at least 20% of the project. Therefore, the project cost must be at least $118,750 (.8 x $118,750 = $95,000) for the Town to realize the full benefit of the $95,000 grant. Bids were received August 14% and G. L. Hoff Co. was the low bidder with $91,754.10. Staff contacted CDOT and requested the design, construction management, and concrete testing costs of approximately $16,000 be included in the total cost. If this cost is allowed, change orders and additional quantities may drive the total cost up to the $118,750 (and possibly greater) amount mentioned above. Hoff has a good reputation with the Town, and staff is recommending acceptance of their low bid. Additionally, staff is requesting approval to spend the entire $133,300 budget if CDOT approves additional quantities. Staff reviewed the site for this phase which is between the Marina and Wapiti Meadows. BRADFOROPUSLISHINGCO RECORD OF PROCEEDINGS Public Works Committee - August 20, 1998 - Page 2 The Committee recommends acceptance of G. L. Hoff Co.'s low bid, and approval to spend the entire $133,300 budget if CDOT approves additional quantities. WATER TAP ABANDONMENT/TRANSFER - HABITAT FOR HUMANITY. George and Dorothy Gibbs, 1240 Devil's Gulch Rd., are requesting a transfer of an unused water tap on their property to Habitat for Humanity. The tap transfer and all rights associated thereby would be given to Habitat which would be used for a tentative Habitat project on Riverside Dr. (or other property). Town policy does not allow tap transfers from one property to another unless special circumstances warrant said transfer. As the water tap transfer benefits Habitat, a non-profit agency, and as the transfer may possibly save the Town a future $4,000 expense, staff is recommending approval. Following discussion, the Committee recommends approval of the request as specified above. 1998 STREET IMPROVEMENT PROJECT, ASPHALT OVERLAY PORTION - REQUEST ACCEPTANCE OF LOW BID. The chip seal and striping portion of the 1998 Street Improvement Project are complete. Bids were solicited for the overlay and Fall River Ln. road construction portion of the proj ect, and bids were received on August 14th. Western Mobile was the low bidder with $122,003.75. Staff noted that $30,000 will be transferred from the Walkway/Bikeway capital account to the Street Maintenance capital account. Manager Sievers also noted that evaluation of the chip seal is very good. Public Works Director Linnane and Manager Sievers were commended for their efforts on this project. The Committee recommends approval of the low bid in the amount of $122,003.75 submitted by Western Mobile, including the $30,000 budget amendment as specified above. GLACIER WATER PLANT REHAB, PHASE II - APPROVAL OF NEGOTIATED PRICE WITH CONTRACTOR. At their meeting May 15, 1998, the Committee recommended approval to allow staff to negotiate a price with Benson Construction for this project. Staff has since negotiated a fair price of $88,131 with Benson; the budget estimate is $105,000. Staff is seeking approval to add $17,000 for a flow meter which is intended to assist in providing meter redundancy for chemicals, and to track unaccountable water. The Committee recommends approval of the negotiated price of $88,131 submitted by Benson Construction, and authorization to expend the entire budget amount up to $105,000. Staff will advise the Committee of the actual cost of the meter. U.S. WEST EASEMENT REQUEST - APPROVAL. On January 21, 1993, the Committee recommended approval to grant a utility easement to U.S. West adjacent to Carriage Dr. and Hwy. 7. At that time, U.S. West advised that one pedestal would be added to the two existing pedestals. The easement was granted contingent upon disturbance to the area be kept to a minimum. In reality, U.S. West installed numerous pedestals to the area, and the Town was not informed, nor were any installations in the granted easement boundary. Staff sent letters and made telephone calls to U.S. West (all unanswered) to correct the following: BRADFOROPUSLISHINGCO RECORD OF PROCEEDINGS Â· . Public Works Committee - August 20, 1998 - Page 3 â€¢ Remove all abandoned telephone pedestals. â€¢ Construct a cedar fence around the original easement agreement location. â€¢ Plant drought-resistant shrubbery around the fence. â€¢ Vacate the old easement by warranty deed to the Town. â€¢ Prepare a new easement and legal description to be recorded after the Town verifies accuracy. U.S. West has scheduled numerous projects in the Estes area, and Town staff is not issuing any right-of-way permits until such time as the five items listed above are either completed, in the process of being completed, or under construction. Jesse Trujillo, Field Engineer/U.S. West, responded to staff's concerns: crack-sealing (an additional Town request not mentioned above) was being started today (8/20/98) and Will continue until this portion of the project is completed; the abandoned cabinets will be removed. The fence can be constructed within two weeks. The Committee expressed their regret with the lack of response offered by U.S. West, particularly with regard to the five items identified above, and also U.S. West's failure to complete projects as presented relative to easements granted by the Town. The Committee recommends the Town grant U.S. West an easement and issue right-of-permits only after the cedar fence and landscaping are in place, and U.S. West prepare all necessary easement and vacation documents for recording. REPORTS. The Customer Service Response Report for July, 1998 will be attached to the minutes. Water Line Looping Project. At the June meeting, the Committee recommended approval to award the Big Thompson/Village Green water line project to BT Construction. BT Construction stated they would complete the asphalt work by November, 1998. The projected commencement date is one month behind schedule, however, it is still possible to complete the section of pipe underneath the asphalt roadway by November 1.St . Kerry Prochaska/RMC, confirmed that BT Construction is committed to complete all asphalt work by the deadline date, and staff has directed BT to begin the project by August 31.t. If work has not started by 9/15, staff will delay the project until 1999. Highway 34/36 Project. On June 9% the Town Board approved the scope of services by RMC to prepare a preliminary plan and report for the proposed 1999/2000 CDOT Hwy. 34/36 Project. The scope includes the study and cost estimates of various scenarios such as additional travel lanes between Hwy. 7 and the Hwy. 34/36 intersection, widening and/or replacing the Hwy. 34/36 bridge, two types of pedestrian underpasses, and miscellaneous changes to the Hwy. 34/36 intersection geometry. Preliminary Phase I construction includes the addition of an intersection pedestrian underpass, widening of the bridge, and adding additional travel lanes. Preliminary Phase II includes reconstruction of the intersection to include a standard right turn lane in lieu of the eastbound inadequate yield lane. A Hwy. 34 southbound left turn BRADFOROPUOUSHING co. RECORD OF PROCEEDINGS Public Works Committee - August 20, 1998 - Page 4 lane would be added and other various changes to the intersection would be completed. CDOT has budgeted $1.1 Million for this project in 1999/2000. The Town has yet to determine a budget for 1999 and beyond. Cost estimates for Phase I are: CDOT/$1,111,000, Town/$336,000 for a total cost of $1,446,000. Phase II cost estimates are: CDOT/$0, Town/$310,000, for a total cost of $310,000. RMC will give a formal presentation to the Town Board at their meeting scheduled August 25th; however, action is not required at this time. RMC prepared and reviewed an Executive Summary. RMC confirmed that Phase I can stand on its own merit, and they are recommending design begin January 1; 1999, bid advertising Summer of 1999, and construction in Fall of 1999, with completion by Memorial Day, 2000. Discussion followed on highway widening relative to any similarities to the reconstruction of Hwy. 7 ; the project does not include any water line improvements; EPSD, U.S. West & Light and Power will be affected by the construction, and staff urged RMC to coordinate all utility agencies in a timely manner pursuant to a seven month notification process; and drainage. Acting Town Administrator Widmer commented on the budget which, if the project is approved, will include not only the Town's funding portion but CDOT's grant as well. -Commenting on a delay for Phase II, Mr. Prochaska confirmed that costs could escalate 5%/yr.*. The Committee expressed their appreciation to Mr. Prochaska for his report. Street Cut Standards Revision Update. The Committee reviewed a proposed schedule for adoption of the Street Cut Standards for Estes Park, Loveland, Ft. Collins, and Larimer County. Public meetings in Estes Park are planned October 15% and staff anticipates final draft adoption for Estes Park in February, 1999. Water Dept. 10-year Improvements and Priorities Update, and Fire Dept. Improvements - Update. In 1997, a home in Charles Heights Subdivision burned down. When the Fire Department first arrived at the scene, the house was unsavable. Although the water system in the general vicinity was adequate to supply domestic water, it was inadequate for fire protection. It should be noted that with or without fire protection water, this house could not have been saved. In May 1997, the Charles Heights Association (CHA) requested that the Public Works Committee approve Town-funded improvements to the water system in Charles Heights so that adequate fire protection could be provided. At that time, staff explained the Town's system of prioritizing water line projects: Priority #1: Extremely high maintenance lines. Priority #2: Extremely low pressure domestic use and less than 500 GPM fire protection. Priority #3: Less than 500 GPM fire protection lines. Since the Charles Heights water line request was a priority #3 project, the Committee recommended: "The Committee recommends that BRADFORO PUSLISHING CO. RECORD OF PROCEEDINGS Public Works Committee - August 20, 1998 - Page 5 CHA either wait for their project to be constructed according to the long-term plan schedule, or privately fund the project." Within the past couple of months, the Town has received numerous letters (similar to last year's 1997 request) from lot owners in Charles Heights requesting water line improvements. Staff prepared a position paper that explains the Town's water line replacement priorities method and highlights the improvements to the Town's water system and Fire Department in the past 10 years. In 1985, the Town had a Water Master Plan prepared which recommended $4.5 Million of capital improvements to the water system. As the Water Dept. could not support the funding for such a short time frame, private consultants restructured the water use rates and water tap fees. As a result of this new financial restructuring, the Dept. was able to implement the Water Master Plan and Maintenance Program. Since 1988, 13 miles of new or replaced trunk lines were installed at a cost of $3.7 Million; 3 miles of miscellaneous water line repair was completed at a cost of $1.5 million; 50% additional water treatment capacity was completed at a cost of $2.5 Million; and 2.6 million gallons of additional water storage was provided at a cost of $1.9 million, for a total cost of $9.6 Million. In summary, the positive changes that have occurred since 1988 are a result of new development and completed Master Plan projects. The good condition of the system must be maintained and improved, and the optimum way in which to accomplish this task is to continue with the priority system as established. If residents in the lower priority categories desire to have their projects constructed sooner than scheduled by the Town, staff suggests the residents establish a special improvement district. Fire Chief Dorman presented the Fire Department's statistics which indicate a improved ISO rating from 10 to 6/9 outside city limits. Membership, training, apparatus fleet, short-term and long-term goals were reviewed. In summary, the Fire Dept. has witnessed a 300% increase in call volume since 1980 while improving the urban ISO rating. The Dept. has responded to the increased demand by expanding services to include highly specialized areas such as HazMat, Emergency Medical Services, and Dive Rescue. Their primary goal is, and has always been, the protection of life and property within the Estes Valley. A contingent of 32 dedicated volunteers devote their time and talents towards this goal. The Public Works Committee supported the water line replacement priority system and informed staff to continue with the system as established. Dog Waste Bag Stations. The Public Works Dept. recently purchased 1,000 dog waste bags at a cost of $.30/ea., and two collection stations for a total expenditure of $500.00 to help alleviate the dog waste problem in various public parks and walkways. The stations will be located at high problem areas, and effectiveness Will be monitored to determine if other stations should be added. Parks Dept. staff has identified the following problem locations: 0 Municipal Lot/Black Canyon Creek sod area â€¢ Childrens/LaCasa Park 0 Tregent Park ....FOROPUILISHING.0. RECORD OF PROCEEDINGS Public Works Committee - August 20, 1998 - Page 6 0 Baldwin Park and the Riverwalk The Lake Estes Trail is also a problem area, however, trail maintenance is under the jurisdiction of the EVRPD. A sample station was displayed, including the bag. The stations will be placed at both ends of the Riverwalk. Staff will monitor this Pilot Program for its effectiveness'. NBU Cluster Box Project - Update. As of this date, neighborhood mail delivery is available to approximately 99% of the Town residents. The project began in 1992, and was scheduled for completion in 1998. There are now 45 NBU locations, 2,154 NBU boxes, and 1,300 boxes in use. The cost for installation was approximately $15,000/yr. average. A "Letter of Conclusion" was issued to the Post Office, stating that the Town has fulfilled their requirements. Approximately 57% of the boxes are now being utilized, and approximately 1,577 less people are going to the Post Office. Home mail delivery would not have occurred without Town assistance. The Committee encouraged the Trail Gazette to promote use of the cluster boxes, particularly as there is no cost to the user of the cluster box. There being no further business, Chairman Baudek adjourned the meeting at 5:30 p.m. "(F-j 0 -114) Vickie O'Connor, CMC/AAE, Town Clerk TOWN OF ESTES PARK PUBLIC \WORKS DEPARTMENT CITIZEN SERVICE RESPONSE REPORT JULY, 1998 CODE TYPE OF CALL NO. OF CALLS HOURS 1.00 "- 1(jo 11 BLEEDER MAINTENANCE 12 UTILITY LOCATION 97.00 110.50 15 SERVICE LINE INSPECTION 1.00 4.00 16 TAP REQUEST 4.00 8.00 17 WATER QUALITY 1.00 3.Dot 20 PRESSURE PROBLEMS 6.00 11.00 22 FROZEN LINES ~ 24 LINE BREAKS: MAIN/SERVICE 4.00 33.00 30 METER REPAIR 39.00 56.50 32 FINAL INSPECTION 5.00 9.00 40 iCONSTRUCTION RELATED 4.00 28.00 50 STREET REPAIR 5.00 15.25 51 SNOW REMOVAL 52 @TREET SWEEPING 1.00 2.00 53 SIGN REQUESTS AND REPAIR - 4.00 13.00 54 STORM DRAINAGE 3.00 16.00 60 OTHER 7.00 f ia/~~i .: ?1 TOTALS: JULY, 1998 ' .182.00 55*80% HISTORICAL DATA THIS MONTH LAST MONTH LAST YEAR TOTAL CALLS 182.00 253.00 196.00 TOTAL MAN HOURS 337.50 267.25 294.75 %CHANGE(CALLS/MHS) -28.06%/+26.29% +65.36%/-45.71% -7.14%/+14.50% TOWN of ESTES PARK Inter Office Memorandum August 18, 1998 TO: Public Works Committee FROM: Bill Iinnane_~-~ SUBJECR Lake Trail - Wapiti Meadows Phase Request approval of low bid Background This phase of the trail has been awarded a $95,000 grant from CDOT. Guidelines of the grant require that the Town and EVRPD fund at least 20% of the project What that means is that the project cost must be at least $118,750 (.8 x $118,750 = $95,000) for the Town to realize the full benefit of the $95,000 grant Bids were received on August 14th and G.L. Hoff Company was the low bidder at $91,754.10 (refer to the attached bid tabulation). Staff has contacted CDOT and requested , that the design, construction management and concrete testing costs of approximately 16,000 be included in the total cost If this cost is allowed, change orders and additional quantities may drive the total cost up to the $118,750 amount mentioned above and possibly greater. Budget/Cost CDOT portion $ 95,000 max Town portion $ 19,150 max EVRPD portion $ 19,150 max $133,300 Recommendation J Since G.L. Hoff has a good reputation with the Town, staff recommends accepting their low / F- bid of $91,754.10. Staff also requests to spend the entire $133,000 budget if CDOT approves additional 0 *2 quantities. -. BL/rv 3-1 TOWN of ESTES PARK Inter Office Memorandum August 18, 1998 TO: Public Works Committee FROM: Bill I.innane-4,Â£~6/0 SUBJECT: 1998 Asphalt Overlay Street Improvement Project Request approval of the low bid Background The chip seal and striping portion of the 1998 Street Improvement Project are complete. Staff solicited bids for the overlay and Fall River Lane road construction portion of the project and bids were received on Friday, August 148. Western Mobile was the low bidder at $122,003.75. Please refer to the attached bid summary. Budget/Cost Funds from the Walkway/Bikeway and Street Maintenance Capital accounts can more than adequately fund the bid price of $122,003.75. Recommendation Staff recommends approval of Western Mobile's low bid of $122,003.75. BL/rv 24-J. 4,0-e id 6.1 U, /1.30,0,0 f.,2 /0/7,/U.,9 40.400'. 6 5-1 4 TOWN of ESTES PARK Inter Office Memorandum August 18, 1998 TO: Public Worl~ Committee/Town Board FROM: Bill Linnan~ SUBJECT: Glacier Water Plant Rehab Phase 2 Request approval of negotiated price from Benson Construction Background On May 15, 1998 the P.W.C. recommended approval to allow staff to negotiate a price with Benson Construction to rehab the Glacier Plant Intake facilities. Please refer to the attached May 158 memo and P.W.C. minutes. Staff and R.MC. have negotiated a fair price of $88,131 with Benson as explained in the attached R.MC. letter. Budget/Cost Budget $ 105,000 Cost $ 88,131 Recommendation Staff recommends approval of the $88,131 price submitted by Benson Construction with the remainder of the budget to be used for possible change orders. BL/rv Attachments y 41444 6,4+z * 1Oct "0% 6-1 Estes Valley Inter - Agency Council August 20, 1998 The Honorable Mayor Robert Dekker & Town Trustees P.O. Box 1200 Estes Park, CO 80517 Dear Mayor Decker & Town Trustees: The purpose of this letter is to provide you a copy of the updated Estes Valley Interagency Council - Recommendations for Action and alist of the Council's membership. On behalf of the Council, we are looking forward to presenting you an update of the Council's achievements and concerns at the monthly meeting of the Town Trustees on August 25, 1998 at 7:30 p.m. We are looking forward to the opportunity to present before the Trustees. Thank you in advance for your time and interest. Sincerely, tra 8 60 / KER_ Louise Olson Chair Estes Valley Inter-Agency Council ESTES VALLEY INTER-AGENCY COUNCIL Recommendations for Action August 25, 1998 Following are a variety of issues that are priorities for 1998 based on the input provided by the Community Action Team during their planning meeting of November 13, 1997 and subsequent adoption by the Estes Valley Inter-Agency Council. â€¢ Housing - Housing is viewed as an ongoing and challenging area for the community to effectively address. There is a need for an assisted living facility serving elderly citizens. A local board, the Estes Park Assisted Living, is working with Senior Housing Options of Denver to establish a local assisted living facility. Local churches are also supporting this effort. In addition, there is a need for affordable and low income housing units. Currently Estes Valley is served by five affordable and low income housing facilities. Strong leadership and partnerships are needed to address this very difficult issue. A variety of strategies should be implemented (including a review of public policy and recommendations for changes) that would promote the availability of housing for all citizens. â€¢ Substance Abuse Services - The community currently lacks adequate services to fully meet the treatment needs of youth and adults. This perception is held by Community Action Team participants and is supported by the needs assessment conducted by the United Way ofLoveland, Berthoud, Estes Park in May 1997. The United Way study reports that Estes Park caseworkers and youth rated alcohol and other drug abuse as major concerns. Existing services available in Estes Park are limited to short term residential treatment services for adults who have private insurance or other means to pay for treatment. These services include counseling provided by private practitioners, DUI education, court ordered outpatient substance abuse counseling and support groups (e.g. Alcoholics Anonymous, Narcotics Anonymous, Alanon). Currently, people requiring detoxification services must be referred to Greeley. Clearly, there is a need for a full continuum of alcohol, tobacco and other drug treatment services that are affordable and locally available that include individual, family and group counseling and intensive outpatient services. â€¢ Transportation - Adequate and affordable transportation is a critical need within the town, the Estes Valley and to the Front Range communities. The local volunteer provided transportation services need to be broadened to serve more diverse populations in addition to people with disabilities and people who are elderly. Finally, transportation programs must be wheelchair accessible. 2 â€¢ Single Point of Entry - Substantial support was expressed for the Larimer County pilot project to establish a single point of contact for consumers to access services in Estes Park. This effort is consistent with the recommendations of the Larimer County Health and Human Services Planning Committee in its report of March 26, 1996. The Human Services Planning Committee was formed as a result of 1994 legislation (HB-1005) which initiated a process to analyze and improve the delivery systems of health and human services. The single entry process is to be an automated information system that is consumer friendly, would serve multiple sites, provide case coordination and provide a database to assess community needs for services and to measure outcomes. â€¢ Volunteerism - Estes Park enjoys a high degree of volunteerism. A centralized system needs to be developed that would recruit, screen, refer, track and recognize volunteers. This system would effectively maximize the volunteer potential of the community. â€¢ Child Care - There is a need for additional licensed child care services in the Estes Valley. The Child Care Providers and Advocates have adopted, as one of their priority areas, an increase in the number of licensed day care slots for children under one year of age. Additionally, the recent closing of Meadow Brook has created a significant deficit of child care services. As an identified area of need, it is appropriate that the issue of child care be addressed by the professional providers and advocates in the community. â€¢ Community Foundation - It is recommended that an organized effort be generated to explore the development of an Estes Park Charitable Foundation as a conduit for local and other dollars. The purpose of this foundation would be to fund community service organizations. A foundation would also provide opportunities to leverage local funding that currently do not exist. As a community foundation, the Estes Valley Charitable Foundation would be a publicly supported philanthropic institution governed by a board of private citizens representative of the public interest. The foundation would administer individual funds contributed or bequeathed to it by individuals, other agencies, corporations and other sources. The community foundation would be based on a tradition of charitable giving where those with the ability provide opportunities for achievement to those less fortunate. The strengths of a foundation of this type are immediacy and resiliency. The purposes ofthe foundation include: 1. To professionally manage and distribute revenues, and portions of the principal when permitted, from donors' chalitable contributions and bequests in a manner consistent with donors' specific and general interests; 3 2. To maintain and enhance the educational, social, cultural, health and civic resources of the community through support of qualified service organizations, and; 3. Through actions ofthe board of directors, provide philanthropic leadership and help create and promote efforts among Estes Valley citizens to improve the quality of life in the community. â€¢ Hispanic Connections Program - There is a growing population of Hispanic families moving into the Estes Valley area who could benefit from services that would assist them with their transition into the community. Language is a major barrier and classes need to be provided to assist in this area. Spanish GED classes are also needed as well as supportive services to facilitate these new community member's successful enculturation. Estes Valley Inter-Agency Council (EVIAC) The mechanism for implementing the above community initiatives and future initiatives is the InterAgency Council. The mission ofthe Council is: To be a partnership of local agencies that advocates high quality, accessible, cost effective health and human services that will meet the needs of Estes Valley citizens This council of service providers serve as: 1. A forum for inter agency networking, planning and coordinating; 2. A mechanism to review, analyze and advocate public policy that will support the needs ofthe Estes Valley; 3. A catalyst in identifying, enhancing and expanding services, and; 4. A resource for public education regarding community health and human services available in the Estes Valley. The EVIAC is the "driving force" responsible for ensuring that necessary action is taken in substantively addressing the initiatives outlined above. With the formation of the EVIAC, key leaders from the community have been assigned the initiatives. Our goal is to preserve, maintain and direct the outstanding momentum demonstrated since the formation of the EVIAC, in the interest of serving the Estes Valley citizenry. REV 8-17-98 ESTES VALLEY INTER-AGENCY COUNCIL Don Botic, Associate Pastor Community Church of the Rockies P. 0. Box 451 Estes Park, CO 80517 Susan Crabbs Department ofHuman Services for Larimer County 1601 Brodie Estes Park, CO 80517 Robert Dekker Mayor P.O. Box 1200 Estes Park, CO 80517 Debbie Emerine Executive Director Estes Valley Victim Advocates P.O. Box 1287 Estes Park, CO 80517 Eileen Flaherty, FNP SALUD Family Health Center P.O. Box 2805 Estes Park, CO 80517 Mary Lou Fialla, President Board ofDirectors Estes Park Senior Center P.O. Box 3842 Estes Park, CO 80517 Shannon Freed Neighbor to Neighbor 424 Pine St. Ft. Collins, CO 80524 2 Margie Greenlee P.O. Box 1522 Estes Park, CO 80517 Shannon Graham, Director Partners of Estes Park P.O. Box 484 Estes Park, CO 80517 Jennifer Greenawalt Exicutive Director Crossroads Ministry ofEstes Park, Inc. 1184A Graves Ave. P.O. Box 3616 Estes Park, CO 80517 Tobi Hale Pick Me Up & Assisted Living 1352 Mary's Lake Road Estes Park, CO 80517 Richard Kastendieck, Ph.D., Superintendent District No. R-3 1601 Brodie Estes Park, CO 80517 Gary Klaphake Estes Park Town Administrator P.O. Box 1200 Estes Park, CO 80517 Lee Kundtz Habitat for Humanity Board ofDirectors 343 Ute Lane Estes Park, CO 80517 3 Barry Lawson Director Estes Valley Youth Center P.O. Box 1379 380 Community Drive Estes Park, CO 80517 Gene Mitchell SALUD Family Medical Clinic P.O. Box 2805 Estes Park, CO 80517 Janice Newman P.O. Box 4436 Estes Park, CO 80517 Wes Pixler, Pastor United Methodist Church of Estes Park P.O. Box 1906 Estes Park, CO 80517 Louise Olson 450 Pioneer Lane Estes Park, CO Stan Olson 1317 Devils Gulch Road Estes Park, CO Wes Pixler Chairperson Interfaith Council United Methodist Church of Estes Park P.O. Box 1906 Estes Park, CO Helen Platt-Vice President League ofWomen Voters 201 Fall River Lane Estes Park, CO 80517 4 Randy Ratliff , Estes Park Manager Larimer County Department of Health & Human Services 1601 Brodie Estes Park, CO 80517 Randy Repola Chief of Police 170 MacGregor Ave Estes Park, CO 80517 Dave Thomas Executive Director Estes Park Chamber Resort Association P.O. Box 3050 Estes Park, CO 80517 Barbara Wahl, Senior Public Health Nurse Larimer County Department of Health & Environment 1601 Brodie Estes Park, CO 80517 Andrew Wills, CEO Estes Park Medical Center P.O. Box 2740 Estes Park, CO 80517 Rev 8-20-98 1 iâ€¢ TOWN of ESTES PARK 1 Inter Office Memorandum May 15, 1998 TO: Public Works Committee FROM: Bill Lilinane ~//9 SUBJECT: Northern Colorado Water Conservancy District (NCI/VCD) Background The Town receives water for domestic use treatment from N.C.W.C.D., the managing agency. A requirement associated with usage of this water is that all parcel users be within the boundaries of the N.C.W.D. In 1968, the Estes Park town limits were included in the NCWCD boundary, but parcels outside of the 1968 Town boundary were excluded from this process. As the town limits expanded, some of the developers of the annexed parcels did not go through the NCWCD inclusion process. As a result of this, approximately 200+ parcels, as of this date, need to be added into the NCWCD boundary. In compliance with federal laws concerning the inclusion process, back mil levy taxes associated with these parcels must accompany the inclusion application. Rather than punish individual parcel owners, since it was no fault of their own, it is fair that the Town pay this inclusion fee. Town Attorney Greg White will present a more detailed description and background of the NCWCD inclusion requirement and application process Budget/Cost Approximately $68,000-$80,000. Exact cost to be calculated by Town staff approved by NCWCD and be presented at -rkâ‚¬ Town Board meeting. Recomniendation Staff, including the Town Attorney, recommends that the Town proceed with the inclusion process and pay all associated fees. BL/rv 4-1 * 42 64.4 0*7 ely TOWN OF ESTES PARK 11Â·, .4, 49* 7 9Â»,1., I AA,0 ..4 9 .S:98#42 -~- --3-46#424,9~up 4)114 : 13%-- 2#ir~ir -5-5-2.. P. /2 . .. I- ' 5148~911.7- i-JSLL - *Â·- - Â£&2..?Fe-4~aÂ·rerv.*2(W '2&}t' 9 ///. 4*4.rerd--7///FF/*b*,. 1Se'S'Â·--~2>#9%~~444M'.-4 4 // August 12, 1998 RE: Parcel No. 3522421002 Dear Property Owner: Your property was annexed to the Town of Estes Park between 1967-1990. During the annexation process, your property was inadvertently not included within the boundaries of the Northern Colorado Water Conservancy District (the District) and the Munidpal Subdistrict, Northern Colorado Water Conservancy District (Municipal Subdistrict).. The Rules and Regulations of the District and the Municipal Subdistrict require that all properties receiving District and/or Subdistrict water be within the boundaries of the District and/or the Subdistrict. A large portion of the Town of Estes Park's water supply, which you are a customer (or a potential customer) includes water allocated to the Town by the District and/or Windy Gap water owned by the Town which is governed by the rules and regulations of the Municipal Subdistrict. The Town is in the process of including your property within in the District and the Municipal Subdistrict. On the 25th day of August, at 7:30 P.M., a hearing will be held before the Town Board of Trustees in the Board Room of the Municipal Building, 170 MacGregor Avenue for the purpose of the Board of Trustees considering the adoption of ordinances which will consent to the inclusion of your property and other like properties within the boundaries of the District and the Municipal Subdistrict. You may be present at said hearing or may make any written comment by transmitting the same to the Town Clerk, Post Office Box 1200, Estes Park, Colorado 80517. Please be advised that following the inclusion of your property within the District, your property will be subject to the ad valorem property tax levy of the District beginning January 1, 1999. Said ad valorem property tax levy is currently one mill. The Town of Estes Park will pay all fees associated with the indusion of your proper within the District and the Subdistrict. If you have any questions concerning this matter, please contact Rebecca with the Town at 586-4464 x-3308, or attend the hearing on August 25, 1998. Sincerely, TOWN OF ESTES PARK Public Works Department { y n Bill Linnane Director BL/rv 970) 386-53.31 â€¢ RO. BOX 1200 Â· 170 MAC CRFCOR AVFN[JF â€¢ F(iTI:q PARK CO An,17 â€¢ FAX (97n) 586.AL)(19 + 1 . 74 ? ORDINANCE AN ORDINANCE CONSENTING TO THE INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the Town of Estes Park is an allottee of the Northern Colorado Water Conservancy District; and WHEREAS, certain properties located within the Town of Estes Park have inadvertently not been included within the boundaries of the Northern Colorado Water Conservancy District; and WHEREAS, it is necessary for the Town of Estes Park to consent to the inclusion of said properties within the Northern Colorado Water Conservancy District pursuant to the provisions of Section 37-45-136(3.6) C.R.S.; and WHEREAS, the Town Board wishes to use the provisions of Section 37-45-136(3.6) C.R.S., to include those properties within the Northern Colorado Water Conservancy District which properties were not included at the time of annexation of the property to the Town of Estes Park; and WHEREAS, a notice was sent by mail to all property owners owning property to be included within the Northern Colorado Water Conservancy District notifying said property owners of the terms and conditions of this Ordinance; and WHEREAS, said written notice provides that any property owner could appear before the Board of Trustees of the Town of Estes Park and express any concerns prior to the adoption of this Ordinance by the Board of Trustees of the Town of Estes Park; and WHEREAS, the Board of Trustees, prior to the adoption of this Ordinance has allowed all interested parties to express their concerns regarding this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Pursuant to the provisions of Section 37-45-136(3.6) C.R.S., the Board of Trustees of the Town of Estes Park hereby consent to the inclusion of the properties set forth on Exhibit "A" attached hereto and incorporated herein by reference within the boundaries of the Northern Colorado Water Conservancy District. Section 2. The Board of Trustees hereby authorized the Town of Estes Park to file the necessary documents for inclusion of the lands as set forth on Exhibit "A" and pay all fees necessary to accomplish the inclusion of the lands within the Northern Colorado Water Conservancy District. Section 3. The adoption of this Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,1998. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1998, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of ,1998. Town Clerk 2 ORDINANCE AN ORDINANCE CONSENTING TO THE INCLUSION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF ESTES PARK INTO THE THE MUNICIPAL SUBDISTRICT, NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the Town of Estes Park is the holder of three (3) units o f Windy Gap water under the Rules and Regulations of the Municipal Subdistrict, Northern Colorado Water Conservancy District; and WHEREAS, certain properties located within the Town of Estes Park have inadvertently not been included within the boundaries of the Municipal Subdistrict, Northern Colorado Water Conservancy District; and WHEREAS, it is necessary for the Town of Estes Park to consent to the inclusion of said properties within the Municipal Subdistrict, Northern Colorado Water Conservancy District pursuant to the provisions of Section 37-45-136(3.6) C.R.S.; and WHEREAS, the Town Board wishes to use the provisions of Section 37-45-136(3.6) C.R.S., to include those properties within the Municipal Subdistrict, Northern Colorado Water Conservancy District which properties were not included at the time of annexation of the property to the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Pursuant to the provisions of Section 37-45-136(3.6) C.R.S., the Board of Trustees of the Town of Estes Park hereby consents to the inclusion of the properties set forth on Exhibit "A" attached hereto and incorporated herein by reference within the boundaries of the Municipal Subdistrict, Northern Colorado Water Conservancy District. Section 2. The Board of Trustees hereby authorized the Town of Estes Park to file the necessary documents for inclusion of the lands as set forth on Exhibit "A" and pay all fees necessary to accomplish the inclusion of the lands within the Municipal Subdistrict, Northern Colorado Water Conservancy District. Section 3. The adoption of this Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,1998. 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Background Ghis item is for presentation only and not an action item at this time) 1 On June 98, the Town Board approved the scope of services by R.MC. to prepare a preliminary plan and report for the proposed 1999/2000 CDOT Hwy. 34/36 project The scope included the study and cost estimates of various scenarios such as additional travel lanes between Hwy. 7 and the 34/36 intersection, widening and/or replacing the 34/36 bridge, 2 types of pedestrian underpasses and miscellaneous changes to the 34/36 intersection geometry. Staff has received and reviewed the report, which recommends the following general changes to the existing roadway: 1) widening the bridge; 2) adding additional travel lanes between 34/36 and Hwy. 7; 3) changes to the intersection geometry; and 4) a separate underpass box culvert If the Town desires, the following phases could be accommodated: 3 Phase I Construction would include the addition of an intersection pedestrian underpass, widening of the bridge and adding additional travellanes. Phase I[ This portion would include reconstruction of the intersection to include a standard right turn lane in lieu of the eastbound inadequate yield lane. A Hwy. 34 southbound left turn lane would be added and other various changes to the intersection would be completed. Budzet/Cost Budget CDOT has included a $1.1M budget in the fiscal year 1999/2000. The Town has yet to determine a budget for 1999 and future years. Cost Estimate: Phase I CDOT Cost = $ 1,111,000 Town Cost = 336,000 Total Cost = 1,446,000 Phase I[ CDOT Cost = 0 Town Cost = 310,000 Total Cost = 310,000 Recommendation The committee and the Town Board can use this report and presentation to make decisions during the upcoming budget process. Staff agrees with the general concep15 of the report and is of the opinion that Phase I is a higher priority than Phase IL BL/rv R3-1 . 9mc EXECUTIVE SUMMARY In June, 1998 the Town of Estes Park retained Rocky Mountain Consultants, Inc. (RMC) to prepare a preliminary design evaluation of the U.S. Highway 36 corridor from U.S. Highway 34 to Colorado State Highway 7. The Colorado Department of Transportation in various forms set aside $1,110,000 for construction improvements along the corridor. The purpose of the study is to consolidate existing information and develop additional analysis to evaluate the following: - Intersection Operation - Elk Viewing and Chamber Facility Parking - Pedestrian Underpass of U.S. 36 - Big Thompson River Bridge The study further develops alternatives for proposed improvement along the corridor with construction and engineering costs and recommendations for phasing and development of the alternative improvements. The conclusions of our study are as follows: Big Thompson River Bridge - Widen the existing bridge 24' to 64' utilizing the existing abutments at an estimated cost of $377,000. Bicycle/Pedestrian Underpass - Install a 12' wide, 8' high concrete box culvert to be utilized as a pedestrian trail at an estimated cost of $240,000. U.S. Highway 36 - Widen the existing roadway to include 5 lanes, two eastbound, two westbound and a center turn lane. Total estimated cost for the improvement is $618,000. Elk Viewing/ Chamber Facility Access - Construct and access for the Elk Viewing/Chamber Facility Parking areas. The access would facilitate left hand ingress and egress at an estimated cost of $159,000. Stanley Avenue Intersection - Improve the Stanley Avenue Intersection at an estimated cost of $29,000. U. S. 34/36 Intersection - Re-construct the intersection to allow for extension of dual left turn lanes for northbound U.S.36, a new right hand turn for southbound 36 and dual left hand turn lanes onto U.S. 36. Total cost is estimated at $260,000 for the intersection improvements. 1 gmc Total cost of the study improvements are $1,683,000. For budgetary purposes the project could be phased. Phase I would include all portions of the project except improvements to the U.S.34/U.S. 36 Intersection. This phase would include the highest priority improvements and can be constructed totally independent of the second phase. Estimated construction time is 120 days. The Phase I project cost would be $1,423,000. A breakdown of project funds for Phase I is shown in the following table: PHASEI Item Description CDOT Federal Town Funding Total Funding Funding Enhancement Funding 1 U.S. Highway 36 $1,000,000 $0 $183,000 $1,183,000 Improvements including Bridge 2 Bicycle/Pedestrian $0 $110,000 $130,000 $240,000 Underpass TOTAL $1,000,000 $110,000 $313,000 $1,423,000 Phase 11 would include completion of the U.S. 34/U.S. 36 Intersection which could be completed anytime in the future subsequent to Phase I. Prices for Phase 11 have been increased to allow for additional costs associated with mobilization. Estimated time for construction is 90 days. PHASE 11 Item Description CDOT Federal Town Funding Total Funding Funding Enhancement Funding 1 U.S. Highway 36 $0 $0 $310,000 $310,000 Improvements including Bridge 11 ORDINANCE NO. ORDINANCE AMENDING CHAPTER 5.20 BUSINESS LICENSE PERTAINING TO RENTAL OF RESIDENTIAL PROPERTY BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. WHEREAS, it has been determined by the Town of Estes Park that numerous persons are engaged in the business of renting real property for rental periods of less than 30 days and have not been obtaining business licenses as required under Chapter 5.20 of the Municipal Code; and WHEREAS, the Board of Trustees of the Town ofEstes Park wishes to clarify the provisions of Chapter 5.20 of the Municipal Code in order to clearly state that any person who rents any real property is subject to the terms and conditions of Chapter 5.20 ofthe Municipal Code; and WHEREAS, the Board ofTrustees ofthe Town ofEstes Park wishes to add additional conditions to the rental ofreal property for periods of 30 days or less in order to ensure that such rental of real property does not effect the residential character of neighborhoods in which said real property is located and to ensure that the public health, welfare, and safety is adequately protected. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: Section 5.20.010 (1), (2), (5), & (7) ofthe Municipal Code are amended to read as follows: (1) Accommodation mean the leasing, rental or furnishing of any room, mobile home site, recreational vehicle site, camp site or other accommodation in any hotel, motel, guest house, bed and breakfast, apartment, dormitory, mobile home park, recreational vehicle park or campground, any single family dwelling, duplex, multiple family dwelling, or any such similar place to any person who, for a consideration, uses, possesses or has the right to use or possess such dwelling, room, single family dwelling, duplex unit, multiple family unit, site, or other accommodation for a total continuous duration of less than thirty (30) days. (1) Accommodation unit means each individual room, set of rooms, site, single family dwelling, duplex unit, multiple family unit or divided area rented, leased or occupied on a unit basis in an accommodation. (5) Home business means a business, profession or occupation conducted ~ within or from a dwelling by a resident as an accessory use to the residential use of , the dwelling, but it does not include a building contractor or accommodation. (7) Owner means the person owning any business, profession, occupation, or accommodation. In the event that the owner is a nonresident or cannot be located by the Town, the operator, manager or lessee of any such business, profession or occupation shall be deemed an owner for all purposes of this Chapter. Section 2: Section 5.20.030 ofthe Municipal Code is amended by the addition of subsection (5) as follows: (5) All accommodations subject to Chapter 5.35 ofthe Municipal Code: $50.00 per year, per accommodation. Section 3: The Municipal Code is amended by the addition of Chapter 5.35, Short Term Rentals, as follows: 5.35.010 Application. The application for a business license for any accommodation which exists in the E, R-S, & R-M zoning districts of the Town of Estes Park shall designate a local resident or property manager of the Estes Valley who can be contacted by the Town with regard to any violation of the provisions of this Chapter. The person set forth on the application shall be the agent of the owner for all purposes with regard to the issuance of the business license, the operation of the accommodation, and revocation of the business license pursuant the terms and conditions of this Chapter. 5.35.010 Restrictions on Rentals. Each accommodation subject to this Chapter 5.35 shall be restricted in the leasing, rental or furnishing of any accommodation as follows: (1) Rentors. The number of rentors using each accommodation shall be no more than twice the number of bedrooms located within each accommodation plus two persons. 03 Rentor Vehicles. Rentor vehicles allowed on the premise shall be no more than one vehicle per each bedroom of the accommodation or three vehicles whichever is less. (3) Recreational Vehicles, Travel Trailers and Tents. No recreational vehicle or travel trailer, as the same is defined in Section 17.08.030 of the Municipal Code, tent, temporary shelter, canopy, or teepee. shall be used by any rentor on the premises of an accommodation for living or sleeping purposes. 2 5.35.030 Violation. It shall be a violation of this Chapter for any owner, agent and/or occupant to be convicted, including a plea of no contest, of a violation of Section 9.08.010 (Disturbing the Peace) of the Municipal Code; to fail to pay all required sales tax to the State of Colorado due and owing for the leasing, rental or furnishing ofthe accommodation; to violate any provisions ofthis Chapter; and/or to fail to acquire and pay for a business license. For the purposes of this Section, only violations of Section 9.08.010 ofthe Municipal Code which occur on the premise ofthe accommodation shall be a violation ofthis Section whether said violation was incurred by the owner, agent, lessee, rentor or occupant of the accommodation. 5.35.40 Revocation ofLicense. The Town may revoke the business license of any accommodation for violation of any ofthe provisions of this Chapter as follows: 1. The Town Clerk upon the receipt of information of any violation of this Chapter shall give written notice to the owner or agent that a violation of the Chapter has occurred. 2. Upon any subsequent violation of the terms and conditions of this Chapter, within two years of the date of the written warning set forth in paragraph 1 above, the Town shall revoke the business license by giving written notice to the owner or agent of the revocation of the license. Said revocation shall be for one year from the date of the notice. 3. Any subsequent violation of the terms and conditions of this Chapter by the accommodation within two years after reinstatement of the business license following a revocation shall be for 2 years from the date of the written notice of said violation by the Town Clerk. Upon revocation ofthe business license, the owner's right to conduct the accommodation business on the property shall be terminated. 5.35.050 Appeal of Revocation of License. Any owner or agent who wished to contest the written warning or the revocation of a business license shall be entitled to request a hearing before the Town Clerk by written notice delivered in person or by certified mail, return receipt requested, to the Town Clerk within 15 -days ofthe date ofthe notice. The Town Clerk shall hold a hearing on the owner's appeal and determine whether or not a violation of the provisions of this Chapter has occurred. The owner shall be entitled to present any evidence of compliance with the terms and conditions of the Chapter at said hearing. The decision of the Town Clerk as 3 to whether or not the violation occurred shall be final and not subject to further , appeal. 5.35.60 Chapter Exceptions. 1. The provisions of this Chapter shall not apply to any commercial accommodation in the R-M zoning district which has received special review approval. 2. The Town Clerk may approve a business license allowing more rentors and/or rentor vehicles than are set forth in Section 5.35.020 upon receipt and review of an application by any owner or agent requesting such exception for an accommodation which is located on a lot of 5 acres or greater. Exception may be granted by the Town Clerk upon determination that the location of the accommodation structure on the lot and provision for adequate parking allows the restrictions as to the number of guests and/or guest vehicles to be enlarged without violating the public health, safety and welfare. Section 3. This Ordinance will take force and effect on January 1, 1999. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,1998. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1998, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of ,1998. Town Clerk 4 08/25/98 15:01 17303 866 0200 HRO DENVER 0002 RESOLUTION NO. 11-98 (REIMBURSEMENT RESOLUTION) WHEREAS, the Town of Estes Park, Col orado (the "Town"), acting by an d through its Light and Power Enterprise, expects to incur and pay from the light and power enterprise fund certain expenditures ("Expenditures"), including preliminary expenditures, for acquisition, design, and construction of certain improvements to the Town's electric utility facilities, including but not limited to: (i) the design, acquisition and construction ofanew substation; (ii) other improvements included in the long-range plan of the Light and Power Enterprise; and (iii) all necessary, incidental, and appurtenant facilities, land, and easements in connection therewith (the "Project"); and WHEREAS, the Boani reasonablyexpects toreimburse itself for any Expenditures with the proceeds of a tax-exempt utility revenue bond issue; and WHEREAS, the Internal Revenue Service ("IRS") has issued regulations (the "Regulations") under Section 103 ofthe Tnternal Revenue Code (the "Code") clarifying when the allocation of bond proceeds to reimburse expenditures made by an entity will be treatkd as an expenditure of bond proceeds within the meaning of Section 103 ofthe Code; and WHEREAS, to satisfy IRS requirements with respect to the foregoing, the Board of Trustees of the Town (the "Board") desires to declare its "official intent," in compliance with the Regulations, to reimburse itself for the Expenditures from proceeds of tax-exempt utility revenue bonds expected to be issued in a maximum principal amount of $3,000,000; THEREFORE, BE IT RESOLVED, thatthe Board hereby declares its "official intent" to reimburse itself for the Expenditures in a maximum principal amount of $3,000,000 by causing the Town to incur obligations, the interest on which is excludable from gross income under Section 103 of the Code ("Reimbursement Obligations"). FURTHER RESOLVED, that the Town expects to pay the debt service on the Reimbursement Obligations solely from revenue generated by the Town's electric utility facilities. FURTHER RESOLVED, that all resolutions of the Board inconsistent with these Resolutions are herebyrepealed tothe extentofsuch inconsistency and all actions oftheofficers, agents and employees ofthe Town which are in furtherance of or in conformance with the purposes and intent of thcse Resolutions are hereby in all respects ratified, approved and confirmed. Town Clerk Mayor (SEAL) #43091.3 08/25/98 14:38 8 0004 RESOLIJTION NO. 12-98 WHEREAS, the Town ofEstes Park Colorado (the "Town") is a statutory municipality and political subdivision duly organized and existing under the Constitution and the laws ofthe State of Colorado; and WHEREAS, the Town has determined and hereby determines that it will be necessary to submit to the electors of a special improvement district which may be created in the Town, a ballot issue regarding the issuance of special assessment bonds by the Town; and WIIEREAS, the Town has determined to hold an election on Tuesday, November 3, 1998 (the "Election"); and WHEREAS, pursuant to Section 31-25-543 (3), Colorado Revised Statutes, the Town has determined to provide by this resolution for submission at dic Election of the question of issuing such special assessment bonds only to registered electors who own property or reside within the special improvement district, if such special improvement disttict is created; and WHEREAS, the Board of Trustees ofthe Town (thc'Board") has determined that it is in the best interest ofthe Town and its inhabitants to set the ballot title for the ballot issue to be submitted at the Election; and WHEREAS, pursuant to the Uniform Election Code of 1992, and all amendments thereof and supplements thereto (the "Act"), the Election will be conducted as a coordinated election in which several political subdivisions with overlapping boundaries or the same electors hold an election on the same day, permitting electors to vote on all candidates and all ballot issues and questions on one ballot, and the county clerk and recorder is the coordinated election official for all of the political subdivisions; and WHEREAS, the Town Clerk ofthe Town (the "Town Clerk") has caused notice to he given the County Clerk and Recorder for Larimer County (the "County Clerk") of the Town's intent to participate in the Election; and WHEREAS, the Board now deems it necessary and desirable that a resolution be adopted declaring the public interest and necessity for such ballot issue, setting the ballot title therefor, establishing the electorate qualified to vote on the ballot issue, and calling the Election: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSIEES OF THE TOWN OF ESTES PARK, STATE OF COLORADO. Section 1. All action heretofore taken (not inconsistent with the provisions of this Resolution) by the Town and the officers thereof directed towards the objects and purposes herein stated be, and the same hereby are. ratified, approved and confirmed. Unless otherwise defined herein, all terms used herein shall have the meanings specified in the recitals of this Resolution or in the Act. 00793 2 08/25/98 14:38 C 0005 Section 2. The Board has determined, and hereby determines that the interest of the Town and the public interest and necessity demand that registered electors who are residents or property owners within a special improvement district which may be created in the Town (the 'Electorate") havethe opportunity to vote for or against the issuance of special assessment bonds of the Town; all in order to carry out certain objects and purposes ofthe Town. Proceeds of such special assessment bonds will be used to construct public improvements within the special improvement district which improvements will provide special benefit to properties within the special improvement district. Section 3. Pursuant to the Act, and all laws amendatory thereof and supplemental thereto, at the Election there shall be submitted to the Electorate one ballot issue regarding such bond issuance. Section 4. The ballot issue to be submitted to the Electorate shall be in substantially the following form and the Board, acting as the title-setting body for the Election, hereby sets the title in this Section 4 of this Resolution as the official ballot title for such ballot issue to be submitted to the Electorate at the Election: BALI.QIISSLIE: SHALL THE TOWN OF ESTES PARK, COLORADO, DEBT BE INCREASED UP TO $1,950,000 WlTH A REPAYMENT COST OF UP TO $2,906,800 BY THE ISSUANCE OF SPECIAL ASSESSMENT BONDS, AT AN INTEREST RATE PER ANN[IM NOT TO EXCEED 8.00%, WITH A TERM NOT TO EXCEED 10 YEARS, FOR THE PURPOSE OF FINANCING A CERTAIN STREET AND PARKINGPROJECT, WHICH MAY INCLUDE BUT SHALL NOT BE LIMIrED TO STREET AND PARKING LOT PAVING, CURBS AND GUTIERS, SIDEWALKS, STORM DRAINAGE IMPROVEMENTS, STREET LIGHI'ING, TRAFFIC SIGNALS, AND THE EXTENSION OF ANY NECESSARY UTILITY LENES BENEATH THE STREET, TOGETHER WIIH ALL NECESSARY, APPROPRIATE, INCIDENTAL, CONVENIENT OR APPURTENANT FACILrTIES, LAND, AND EASEMENTS IN CONNECIION IlmREWITH, WITHINTHE TOWN'S SPECIAL IMPROVEMENT DISTRICT NO. 98-1; SUCH BONDS TO BE PAYABLE SOLELY FROM REVENUE GENERATED BY SPECIAL ASSESSMENTS IMPOSED ON PROPERTY WrrHIN THE DTSTRICT WHICH IS SPECIALLY BENEFnED BY SUCH IMPROVEMENTS; PROVIDED AND IN CONNECIION THEREWITH SHALL THE TOWN BE AUTHORIZED TO COLLECT AND SPEND TIIE PROCEEDS OF SAID BONDS AND THE REVENUE GENERATED BY SUCH SPECIAL ASSESSMENTS, AND ANY INVESTMENT EARNINGS IHEREON, AS A VOTER-APPROVED REVENUE CHANGE AND AN EXCEPTION TO ANY REVENUE OR SPENDING I.IMrTATIONS WHICH MIGHT OTHERWISE APPLY, WnHOUT LIMITING THE COLLEC1ION AND SPENDING OF ANY OTHER REVENUES OF THE TOWN? Section 5. The Board hereby appoints Vickie O'Connor, Town Clerk, 170 MacGregor Avenue, Estes Park, Colorado 80517 as the designated election official (the "Election Official") for purposes ofthe Election The Election Official shall have all of the rights and obligations prescribed under the Act for such an election official in the conduct of a coordinated election and shall act as primary liaison between the County Clerk and the Town with respect to the Election as provided in the Intergovernmental Agreement described in Section 7 below. #430793 08/25/98 14:39 C 0006 Section 6. The Election shall be conducted as a coordinated election as defined in Â§ 1-1-104(6.5) of the Act. in accordance with the Act, Article X, Section 20 of the Colorado Constitution and all other appropriate statutes and regulations, and the Election Omcial and the officers and staE of the Town, including without limitation the Town Clerk are hereby authorized and directed totakeall such actions as are necessary or desirable thereunder to effectuate the Election in accordance therewith. Section 7. The Town hereby authorizes and directs the officers and staff of the Town, including without limitation the Town Clcrk, to enter into and carry out the terms of an Intergovernmental Agreement (the "Intergovernmental Agreement") with the County Clerk as required by Â§ 1-7-116(2) of the Act, setting forth the allocation ofresponsibility among thc County Clerk the Town and the other political subdivisions in Lhe County for the preparation and the conduct of the Election and the provision for reasonable sharing of the cost of the Â£1cction among the County, the Town and the other participating political subdivisions. Section 8. The Town hereby approves and confirms the election precincts and polling places established by the County Clerk for the Election pursuant to Â§Â§ 1-5-102 and 1-5-102.5 ofthe Act. Section 9. Pursuant to Â§ 1-6-105(1) ofthc Act, the persons appointed by the County Clerk to serve as election judges forthe Election are hereby approved and confirmed as the electionjudges for the Town. Such persons shall have the powers and perform all of the duties prescribed for an election judge under the Act and shall be trained and sworn in by the County Clerk as provided in the Tntergovernmental Agreement- Section 10. The ofEcers and staff of the Town, including without limitation the Town Clerk, are hereby authorized and directed to certify the ballot content, including ballot title and text, as set forth in Section 4 above to the County Clerk as required by Â§ 1-1-110(3) of the Act at least 56 days before the Election. The form of ballots to be used in voting upon the ballot issue submitted which are to be prepared and submitted by the County Clerk are hereby approved and confirmed. Section 11. Pursuant to Â§ 1-5-303 ofthe Act, no later than 40 days before the day ofthe Election the County Clerk shall order the registration records. No later than 30 days before the Election the County Clerk shall certify and make available a complete list of the registered electors within the Town and no later than 20 days before the day of the Election, the County Clerk shall certify and make available a supplemental list of the eligible electors who have become eligible since the earlier list was certified. The County Clerk shall provide the election judges with said lists. Section 12. Pursuant to Article X, Section 20(3)(b) ofthe State Constitution and Â§ 1-40-125, Colorado Revised Statutes, 15 to 25 days before the Election a titled notice or set of notices addressed to "ali registered voters" at each address of one or more active registered electors is required to be mailed at the least cost and as a package where there are districts with ballot issues thai overlap. The Town shall accept written comments concerning the ballot issue in accordance with Article 7, Part 9 of the Act. All comments filed in writing will be received and kept on file with the Election Official. However, only those comments that are filed by persons eligible to vote in the Town must be summanzed in the notice. The Eled comments shall be retained by the Election Omcial #430793 4 08/25/98 14:40 C 0 007 as election records. Pursuant to Â§ 1-7-116(3) of the Act, the Election Official shall prepare and ' transmit to the County Clerk at least 25 days before the Election the required notice, which will be in substantially the form as set forth in Exhibit A. It shall be the responsibility ofthe County Clerk to rnailthenotice or noticepackage asprovided in Â§ 1-7-1160) ofthe Act andthe Intergovernmental Agreement. Section 13. Pursuant to 1-5-205 ofthe Act, at least ten days before the Election, the Election Official shall provide notice by publication one time in one newspaper of general circulation in the Town by publication of a sample ballot (as long as all information required by statute to be contained in the notice is included with the sample ballot). The Election Official shall also post the notice or sample ballot, at least 10 days before the Election and until two days thereafter, in a conspicuous place in the office ofthe Election Official. The EIection Official shall retain a copy of the notice as a record for public inspection for two years or until any election contest is decided, whichever is later. At the same time notice by publication is made, the Election Official shall mail copies ofthe notice of election to the County Clerk. Section 14. Pursuant to Â§ 1-10-202 of the Act, the Town hereby appoints and confirms the boards of canvassers appointed by the County Clerk to serve as the board of canvassers for the Election. Such board of canvassers shall have the rights and obligations of the board of canvassers under the Act and shall be sworn in by the County Clerk. Section 15. Pursuant to Â§ 1-10-203 of the Act, the Election returns shall be made by the boards of canvassers to the County Clerk as provided in the Intergovernmental Agreement and the Act. The board of canvassers shall meet, no later than seven days after the Election, to survey the returns and issue a certified statement of results as required by the Act, Section 16. Should any part ofthe provisions ofthis Resolution bc adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Resolution, it being the intention that the various provisions hereof are severable. Section 17. The Election Omcial and her designees, be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate thc provisions ofthis Resolution. Section 18. All acts, orders, ordinances, resolutions, or parts thereof; of the Town that are inconsistent or in conflict with this Resolution are hereby repealed to the extent only of such inconsistency or conflict. #430793 08/25/98 14:40 C 0008 Section 19. The provisions of this Resolution shall take effect immediately. ADOPTED AND APPROVED this August 25, 1998. Mayor (SEAL) ATTEST: Town Clerk APPROVED AS TO FORM: Gregory A. White, Esq. Town Attorney 0130793 08/25/98 14:41 C 0009 EXHIBITA NOTICE OF ELECTION TO TNCREASE DEBT ON A REFERRED MEASURE TO: ALL REGISIERED VOTERS NOTICE IS HEREBY GIVEN that a special election ofthe Town ofEstes Park Colorado, shall be held on Tuesday, November 3, 1998, between the hours of 7:00 AM. and 7:00 P,M. The local election office shall be located at , Estes Park, Colorado; telephone number: LD - BALLOT ISSUE SHALL THE TOWN OF ESTES PARK, COLORADO, DEBT BE INCREASED UP TO $1,950,000 WITH A REPAYMENT COST OF UP TO $2,906,800 BY THE ISSUANCE OF SPECIAL ASSESSMENT BONDS, AT AN WTEREST RATE PER ANNUM NOT TO EXCEED 8.00%, WrIH A TERM NOT TO EXCEED 10 YEARS, FOR THE PURPOSE OF PINANCING A CERTAXN SIREEr AND PARKINGPROJECE WHICH MAY INCLUDEBUT SHAU NOT BE LIMIIED TO STREET AND PARKING LOT PAVING, CURBS AND GUTTERS, SIDEWALKS, STORM DRAINAGE IMPROVEMENTS, STREET LIGHIING, TRAFFIC SIGNALS, AND THE EXTENSION OF ANY NECESSARY UTILITY LINES BENEATH THE STREET, TOGETHER WrrH ALL NECESSARY, APPROPRIATE, INCIDENTAL, CONVENIENT OR APPURTENANT FACLInES, LAND, AND EASEMENTS IN CONNECTION niEREWIIH, WITHIN THE TOWNS SPECIAL IMPROVEMENT DISTRICT NO. 98-1, SUCH BONDS TO BE PAYABLE SOLELY FROM REVENUE GENERATED BY SPECIAL ASSESSMENTS IMPOSED ON PROPERTY Wn'HIN THE DISTRICT WHICH lS SPECIALLY BENEFrrED BY SUCH IMPROVEMENTS; PROVIDED AND IN CONNECHON THEREWITH SHALL THE TOWN BE AUTHORIZED TO COLLECT AND SPEND THE PROCEEDS OF SAID BONDS AND THE REVENUE GENERATED BY SUCH SPECIAL ASSESSMENTS. AND ANY INVESTMENT EARNINGS THEREON, AS A VOTER-APPROVED REVENUE CHANGE AND AN EXCEF11ON TO ANY REVENUE OR SPENDING LIMITATIONS WHICH MIGHT OTHERWISE APPLY, WnHOUT LIMITING THE COLLECTION AND SPENDING OF ANY OTHER REVENUES OF THE TOWN? Total Fiscal Year Spending: 1998 (estimated) S. 1997(actual) 1996 (actual) 1995(actuaD 1994 (actual) $ Overall percentage change. .% Overall dollar change: $.. #430793 A-1 08/25/98 14:41 C 0010 Proposed Special Assessment Bonds: Maximum Principal Amount: $1,950,000 Maximum Annual Repayment Cost: $ 295,000 Maximum Total Repayment Cost: $2,906,800 Total Current Town Bonded Debt: None Summary of Written Comments For the Proposal: (Insert summary, up to 500 words, of written pro comments) Summary of Written Comments Againstihe Proposal: (Insert summary, up to 500 words, ofwritten con comments) -30793 A-2 08/25/98 12:10 2303 866 0200 HRO DENVER 0 003 RESOLUNON NO. 13-98 (REIMBURSEMENT RESOLUIION) WHEREAS, the Town of Estes PaIk, Colorado C 'the Town"), expects to incur and pay from the general fund certain expenditures ("Expenditures"), including preliminary expenditures, for acquisition, design, and construction ofcâ‚¬[tainpublic improvements within theboundaries of a special improvement distict to be created in the Town and to be designated "Town of Estes Pmk, Colorado, Special Improvement District Number 1998-1" (referred to in this Resolution as the "SID"), such public improvements may include but shall not be limited to street and parking lot paving, curb and gutters, sidewalks, storm drainage improvements, street lighting, traffic signals. and the extension of any necessaly utility lines beneath the streets, together with all necessary, appropriate, incidental convenient, or appurtenant facilities, land, and easements in connection therewith, within the Town's Special Improvement District No. 1998-1 (the "ProjectÂ»); and WHEREAS, the Board reasonably expects to reimburse itself for any Expenditures with the proceeds of a tax-exempt special assessment bond issue; and WHEREAS, the Internal Revenue Service ("IRS") has issued regulations (the "Regulaiions") under Section 103 of the Internal Revenue Code (the "Code") clarifying when the allocation of bond proceeds to reimburse expendimres made by anentity will bc treated as an expenditure ofbond proceeds within the meaning of Section 103 ofthe Code; and WHEREAS, to salisfy IRS requirements with respect to the foregoing, the Board of Trustees of the Town (the "Board") desires to declare its "omcial intent," in compliance with the Regulations, to reimburse itself for the Expenditures from proceeds of tax-exempt special assessment bonds expected to be issued in a maximum principal amount of $ 1,800,000; THEREFORE, BE IT RESOLVED, thaithe Board hereby declares its "official intent" to reimburse itself forthe Expenditures in amaximumprincipal amount of $300,000 by cmising the Town to incur obligations, the interest on which is excludable from gross income under Section 103 of the Code ("Fb:imbursement Obligations"). FURTHER RESOLVED, that thc Town expects to pay the debt service on the Reimbursement Obligations solely frnm Ter.ial aggeqgmenk im~nep,1 r,n rmr,'rliff within the SID which properties are specially bencfitted by the public improvements consaucted therein FURTHER RESOLVED, that ali resolutions of the Boardincansistent with these Resolutions arc hereby repealed to the extent of such inconsistency and all actions of the officers, agents and employees of the Town which are in furtherance of or in conformance with the purposes and intent of these Resolutions are hereby in all respects ratified, approved and confimled. Town Clerk Mayor (SEAL) #430721 Â· AGREEMENT CONCERNING ELECTION SERVICES THIS AGREEMENT is made effective this day of , 1998, between the Larimer County, Colorado Clerk and Recorder ("Clerk") and the Town of Estes Park ("Public Entity'), WITNESSETH THAT: WHEREAS, the Public Entity desires to conduct an election pursuant to its statutory authority and an election is required pursuant to C.R.S. Â§ 1-4-201 and 1-7-116(1); such election to occur on November 3, 1998; and WHEREAS, an agreement concerning the conduct of a coordinated election is required pursuant to C.R.S. Â§1-7-116(2); and WHEREAS, the Clerk has agreed to perform certain coordinated election services set forth herein in consideration of the performance by the Public Entity of its obligations and payment of a fee as set forth herein. NOW, THEREFORE, in consideration of their mutual promises contained herein, the parties agree as follows: 1. DUTIES OF THE CLERK The clerk agrees to perform the following duties (or such other duties as may be mutually agreed upon by the parties in writing) in connection with the election to be held on November 3, 1998: A. coordinate the proper number and location ofprecincts. B. provide a list of election judges if requested by the Public Entity. C. certify the judges of the election and alternate judges and determine their compensation. D. contract for printed ballots. Provide ballots only to precincts wholly or partially within the boundaries of the Public Entity and have ballots available by mail and at early voting sites. E. secure and provide polling places for each election precinct and submit a copy of the list of confirmed polling places to the Public Entity. 1 . F. arrange for the delivery and installation of precinct polling place signs no less than 12 days prior to the election. G. arrange for the delivery of the voting system and voting equipment for each designated polling place, and pick up said voting system following the election, except those stored permanently in facilities owned or under the control of the Public Entity. H. be responsible for the delivery of the registration/ signature card lists and assist on or before Election Day in the assembling of all election materials to be delivered to the judges of election in each precinct. I. conduct a training session for election judges which will be held at a mutually agreeable date and location prior to the election, provide specific instruction in the "use and operation" of the vote recorder machines at such training session, and provide a reproducible copy of the election judges' guide for distribution to the judges. J. provide properly trained personnel on the day before Election Day, Election Day, and Election Night for the preparation and conduct of the election. K. provide as needed ballot boxes, transfer cases, and necessary seals to ensure the security of the ballots for each polling place, a quantity of security envelopes per polling place as requested, one pad of demonstration ballots per polling place and necessary signs for posting. L. provide forms for application for change of address, and/or change of name, voter challenge forms, and voter assistance affidavits. M. provide personnel at the tabulation center on election day/night to certify election results. N. provide all expendable precinct polling place supplies, i.e., name tags, pens, etc. 0. give assistance and information to the designated local election official of the Public Entity on any matter which should ensure the smooth and efficient operation of the election (such information not to include legal advice). P. mail to all voters registered to vote in Larimer County the Amendment 1 Notice Package/Election Booklet not less than thirty days prior to the election. The Clerk shall determine the "least cost" method for mailing the Amendment 1 Notice Package and address the package to "All Registered Voters" at each address of 2 one or more active registered voters of the Public Entity. Nothing herein shall preclude the Clerk from sending the Amendment 1 Notice of the Public Entity to persons other than electors of the Public Entity if such sending arises from the Clerk's efforts to mail the Amendment 1 Notice Package at "least cost". Q. submit an itemized invoice to the Public Entity setting forth the fee to be paid by the Public Entity. R. remove the ballots from the ballot box after the time period for election contests has passed and preserve the ballots as election records pursuant to C.R.S. Â§1-7- 802. If requested by the Clerk, the Public Entity shall advise the Clerk when the time period for election contests has passed. In addition, the Public Entity shall immediately notify the Clerk of any election contest which is initiated and shall keep her apprised of the need to retain the election records for use in such a contest. Other: The minimum fee for election services is $100.00 for ballot support and $100.00 for TABOR support. 2. DUTIES OF THE PUBLIC ENTITY The Public Entity shall perform the following duties, in connection with the election to be held on November 3, 1998: A. provide a certified copy on diskette (in a format requested by the elections office), at the earliest possible time and in any event prior to the fifty fifth day before the election, of the ballot content (candidates, issues and questions) to the Clerk exactly as and in the order that it is to be printed on the ballot pages and sample ballots. B. proofread and approve the ballot content. C. prepare and publish all notices related to the Public Entity's election which are required by law. D. prepare and mail all voter information cards, voter information letters or other notices related to the Public Entity's election which are required by law. E. submit all deadline dates to the Clerk for review by the Clerk. F. if requested by the Clerk, furnish precinct maps to be included in supplies for each election precinct. 3 G. have the designated local election official (or one other person satisfactory to the Clerk) attend the training session for election judges and assist the Clerk in the conduct of the training session as requested by the Clerk. H. if requested by the Clerk, provide person(s) to participate in the ballot counting procedures as accomplished by any electronic vote tabulating equipment used in the election. The Public Entity personnel may participate in various boards with personnel from the Clerk's office to ensure Public Entity participation in each of the electronic vote tabulating procedures that shall be used. I. upon receipt of the invoice provided for in Section 1 (Q), pay to the Clerk within 30 days a fee which shall be an amount determined in accordance with the formula set forth on Exhibit "A" which is attached hereto and incorporated herein by reference. J. notify the Clerk if it is a municipality which has provided by ordinance or resolution that it will utilize the requirements and procedures of the Uniform Election Code of 1992 in lieu of the Colorado Municipal Election Code of 1965 with respect to this election and to forthwith provide a copy of said ordinance or resolution to the Clerk. K. designate a designated local election official who shall be the official contact person for the Clerk and who shall perform such duties as are required by law including the obligation to receive and summarize written comments for and against proposals which are subject to the requirements of Article X, Section 20 of the Colorado Constitution. The parties agree that the Clerk as chief coordinated election official shall have no duty or obligation to receive or summarize such comments. If the Clerk receives any such written comments, she shall promptly notify the Public Entity by telephone of this and the Public Entity shall promptly pick up the written comments. L. provide to the Clerk the notice required by Article X, Section 20 of the Colorado Constitution, including summaries of any written comments received for or against a proposal, including any summary prepared by petition representatives, at least forty-two days prior to the election on diskette (for required specifications, see Exhibit "B") or in such other form as may be acceptable to the Clerk. The Public Entity shall be solely responsible for the preparation and content of the notice. M. by its signature herein, the Public Entity delegates to the Clerk its authority to determine the compensation to be paid to election judges and alternate judges. 4 N. mail to all property owners within Public Entity's district, other than those property owners to whom the Clerk has mailed notice under Section 1 (P) above, the notice required by Article X, Section 20 of the Colorado Constitution not less than thirty days prior to the election, such mailing to be in accordance with the requirements ofthe Colorado Constitution, statutes and rules and regulations. 3. ABSENTEE/EARLY VOTING A. The Clerk shall be responsible for conducting absentee/early voting, such services to be included in the fee set forth in Section 1 (Q). B. The Clerk shall procure all necessary supplies necessary for absentee/early voting, such supplies to be included in the fee set forth in Section 1(Q). C. The Clerk shall procure absentee/early voting ballots, such ballots to be included in the fee set forth in Section 1 (Q). 4. The designated local election official ofthe Public Entity is. Vickie o 'Connor, Town Clerk 5. The Clerk shall place upon the ballot the ballot content properly certified to her in accordance with law. The Public Entity shall be solely responsible for determining whether a ballot issue or question or candidate is properly placed before the voters. 6. All computations of time shall be governed by the provisions of C.R.S. Â§1-1-106. 7. In the event that the Public Entity's election for which this contract was entered into is canceled prior to the date such election was scheduled to occur and notice of such cancellation is provided to the Clerk by the Public Entity, the Public Entity shall pay a fee calculated in accordance with the formula set forth in Exhibit "A" from which shall be deducted the Public Entity's prorata share of any expenses not incurred by the Clerk as a result of the cancellation. 8. In the event a court of competent jurisdiction finds that the election for the Public Entity was void or otherwise fatally defective as a result of the sole breach or failure of the Clerk to perform in accordance with this Agreement or laws applicable to the election, the Public Entity shall be entitled to recover actual expenses or losses caused by such breach or failure up to the maximum amount paid by the Public Entity to the Clerk under this Agreement. The Clerk, or Larimer County, Colorado, shall in no event be liable for any expenses, damages or losses in excess of the amounts paid under this Agreement. This remedy shall be the sole and exclusive remedy for the breach available to the Public 5 Entity under this Agreement. 9. No portion ofthis Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges, immunities the parties, their officers, or employees may possess, except as expressly stated in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective upon the date first above written. LARIMER COUNTY, COLORADO CLERK AND RECORDER I)ate: 2//3 k 1 ,448,51QL41-4, 2*4 C (- ~* Rodg#Lger \ Date: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER ATTEST: By: (2)42.244 / 66<. Deputy Clerk ofthe Board Chair L PUBLIC ENTITY: NAME OF PUBLIC ENTITY: Date: By: Title of Authorized Representative signing on behalf of Public Entity DATE: APPROVED AS TO FORM: ASSISTANT COUNTY ATrORNEY IGA COORDINATED ATTORNEY APPROVAL.DOCMS1/98 6 159 I (9 M r h h to O 0 00 00 0 0 0 0 0 0 0 0 N C) h N 0 0 1.0 00 0 0 â‚¬6 64 64 64 64 64 64 64 NG)(NOâ€¢-0649>Or -- AN- 00- 0-64 h O r 4-00 r Â¢9 64 r- 69 64 66 64 64 â‚¬a #2.52 E 00 6090 xr-8 18 40,4-00000000 069000 -me vite fa e feiata 64(NU)(ANâ‚¬4 0 4 0 â‚¬8 0 0 - 'Brn:Zo O 8 848.200000000 <D LO 10 N O M- M ..' Al H Â®C)O)0)0>0)0)0) CO %0.-:Or-r r- r- O.-"doodoodo 1- LL Â¤,CD M Or-"r--r-"r-r- a. r- LO AC)NU N NUD.â€ž-Hogg 00000000 - co e e 0 0 e e e te 64 64 64 E vE -0 08828 0 OA 2 05 ZE-00-6 00 8.028-Mooo00000 .2 0 0 EBE##Ea ~g~ .0 < CO 1- S 0 NCD 0)0)0)0)0)0>a)C) 0 2 -EECONâ€ž 9-r-rÂ·-Orr-r- LLI -O 2 00 1 0 0 1- 10 0 N h O 1 O 0 CO 28898 0 .Ro 05 d N O 0 0 80.0.MQ888NES: Ar- 29%ME~ ~-ln CV ~-~~- 2 U a) 0 20 2 Z 82 3*2 1~ m 9 2 LU U.1 0 O -5 -c o B N * 9 15 Vi JE W E 8 85@2 E Ed" c Z m - U) Co Â·- O - O E 1- J O 0- 0 0. 05 05 01- LARIMER COUN1 .ERK RECORDER it "A" Entity ns Factor Costs TOTALS 000'ZOZE 1Â¥101 Registered Column Election Election TABOR Pag OR TABOR Number Number $62,964 201,600 $2 105,000 21,000 1998 Estimated Billable Election Expenses (Joped efied jolied Xq peqdqdnw sgo/\ sl ail) s:!un uogoeIEI JO lu aSed sesuadx3 uo!10013 eiqeil!8 State of Colo $47,223 (Jope:I eSed hlogvl Aq pa!id!;Inlu Sielo/\ peJels!68hl) st!un hIOEIV.1 JO luns 8*Â£'19Â£ n HOEIV-L JO JeqUInN lejol Election cost divided by Total Num of Election Units 86ed sesuedx3 uo!1028 elqeil!8 LUOJJ sesuedx3 BOEIV.L lejol 000'9Â£$ *00 2:108vl s]!un hlO8Â¥1 JO JeqlunN lejol Xq pep!Alp ]Soo hlO8Â¥1 4660'0 enleA }!un hlO891 I Jo zeBed Number Ballot Feather Lake of Loveland n of Estes Park ichards Lake Met Election Costs SlsoO 80891 1Vlemorandum Date: August 17, 1998 To: Honorable Mayor Dekker Board of Trustees From: Art Anderson, Project Manager Re: Stanley Hall Water & Sewer System Upgrade Background: The water and sewer service to Stanley Hall needs to be upgraded to accommodate new restrooms. The future restrooms will meet all code requirements for number of fixtures and handicapped accessibility. The project was bid and one bid was received. Budget/Cost: A bid from Mountain Plains Constructors, Inc., Ft. Collins, was received for installation of 14" copper water line and 6" sewer line for $4,129.00. This cost is within the budget established by the Colorado Historical Society Grant. Mountain Plains Constructors has a Town License. Recommendation: It is recommended that a contract be awarded to Mountain Plains Constructors for $4,129.00 for the installation of new water and sewer lines for Stanley Hall. -. nemorandum Date: August 19, 1998 To: Honorable Mayor Dekker Board of Trustees From: Art Anderson, Project Manager Re: Stanley Hall Foundation Stabilization Contract Background: The foundation on the south face of Stanley Hall has been subjected to water damage due to improper drainage. The foundation needs to be stabilized to prevent further water infiltration. It is planned that the wall will be excavated, a 4" concrete wall will be added to the outside, clad with a waterproof membrane, and drainage pipe to drain water away from the building. A new 6" pipe will be added to the roof drains to carry water away from the building. This will solve the drainage problems and stabilize the wall. Budget/Cost: The project bid by Mountain Plains Constructors, Inc. is $7,400. This is within the budget of the Colorado Historical Society Grant. Recommendation: It is recommended that a contract be awarded to Mountain Plains Constructors for $7,400.00 for Stanley Hall foundation stabilization and waterproofing.