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PACKET Town Board 1998-11-24
Revised: 11/20/98 *Revised: 11/24/98 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, November 24, 1998 AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: A. Town Board Minutes dated November 10, 1998. B. Bills. C. Committee Minutes: 1. Light and Power, November 12, 1998: a) Fall River Hydro Restoration Project - Authorization to execute contract for planning phase. b) Radio System Upgrade - Authorization to Purchase. c) *NEW ITEM: Change Order #1 for Electrical System Improvements/TSI, Inc. - Increase of $3,284.75 for Retirement of 9,385' Of Telephone Cable - Approval of Expenditure. 2. Public Works, November 19, 1998: a) Policy/Procedure Manual - Amendments to: (1) Application for Service (2) Connection Charge (3) Previously Purchased Water Taps (4) Bulk Rate Water Users b) Rural Water Tap Requests - Approval: (1) 1470 Fish Creek Road (2) 1531 Fish Hatchery Road (3) Hwy. 34 - Former drive-in theater property. ACTION ITEMS: 1. Resolution #21-98 - Supplementing 1998 Budget (Senior Center, Water, and Fleet Maintenance Funds) - Finance Officer Vavra. 2. Resolution #22-98 - Municipal Court Christmas Program - Police Chief Repola. 3. 1999 Pay Plan - Approval - Town Administrator Widmer. 4. Ordinance #22-98 - Amending Section 2.52.040 of the Municipal Code regarding the salary of the Clerk of the 1 L Municipal Court (effective December 21, 1998) - Town Administrator Widmer. 5. Ordinance #23-98 - Adopting Right-Of-Way Construction Standards - Manager Sievers. 6. Ordinance #24-98 - Water Tap Ordinance - Public Works Director Linnane. 7. Library Board Appointment - Cami Sebern, completing vacancy (Bode), term expiring 2001 - Mayor Dekker. 8. *Resolution #23-98 - Setting Show Cause Hearing date of January 12, 1999 for Rocky Mountain Discount Liquor, 350 W. Riverside Dr. 9. Town Administrator's Report: A. NOTE: DUE TO THE HOLIDAY SEASON, THE DECEMBER 22, 1998 TOWN BOARD MEEETING HAS BEEN CANCELED. 2 , Town of Estes Park, Larimer County, Colorado, November 10,1998 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 10th day of November, 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, Town Administrator Vickie O'Connor, Town Clerk Rebecca van Deutekom, Deputy Town Clerk Gregory A. White, Town Attorney Mayor Dekker opened the meeting at 7:30 p.m. PUBLIC COMMENT: Sylvia Vrabeck questioned why the Town is proceeding with the large screen theater when the Trail Gazette and Talmey-Drake surveys indicated there is no public support to include the authority to begin the project. Mayor Dekker responded that nothing has been decided on the project and he confirmed that EPURA continues to investigate all options. When and if EPURA submits a proposal, the Town Board will decide whether or not to proceed. EPURA is responsible for determining economic benefits of projects for the Town. Town Administrator Widmer added that the project has been ongoing for 6-8months; the purpose of the Talmey-Drake survey was to collect a database of information; Vrabeck urged the Board not to proceed unless they are absolutely sure that this is what the community wants. TOWN BOARD COMMENTS: Trustee Barker reported that feedback from the community, regarding the nightly rental ordinance, indicated that the license fee assessed for these rental locations should be amended from $50 to $150, therefore, it was moved and seconded (Barker/Hix) the Ordinance be amended to increase the license fee of nightly rentals from $50 to $150, and it passed by the following votes: Those voting "Yes" Trustees Barker, Hix, Jeffrey and Marshall. Those voting "No" Trustees Baudek and Doylen. CONSENT CALENDAR: 1. Town Board Minutes dated October 27, 1998. 2. Bills. 3. Committee Minutes: . Board of Trustees - November 10, 1998 Page 2 A. Public Safety, November 5, 1998: 1. Celebrate Estes - Horse-drawn Hayrides - approval 2. Municipal Building Generator - Authorization to purchase. B. Planning Commission, October 20, 1998 (Acknowledgment only). C. Board of Adjustment, November 3, 1998 (Acknowledgment only). 4. Mayor Dekker opened the Public Hearings and asked if there were any persons who would like to speak on the following plats. If not, they will remain on the Consent Calendar: A. Public Hearing: Amended Plat of Lots 12, 13, and 14, Block 1, Fall River Estates, Lienemann, Goff, Harrison & Jobe/Applicants. No action. Applicant to request placement on future agenda. B. Public Hearing: Final Plat of the Amended Plat of Lots 3, 4, 5, 6 and 7, Arapaho Estates Third Filing, Robert Koehler/Applicant. C. Public Hearing: Amended Plat, Lot 1, Block 3, Lone Pine Acres, Murphree, Brown, Gordon, Metchem/Applicants. D. Public Hearing: Amended Plat, Lot 3, Acacia Acres Addition, Stephen Murphree/Applicant. It was moved and seconded (Hix/Jeffrey) the Consent Calendar be approved, and it passed unanimously. ACTION ITEMS: 1. 1999-2000 Budget. Mayor Dekker opened the public hearing and Finance Officer Vavra presented the following 1999-2000 Budget documents: A. Highway Users Trust Fund, 1999-2000. A memorandum explained how the Highway Users Trust revenues are proposed to be expended for highway related projects. B. Resolution #18-98 - Setting Mill Levy, 1999. The Mill Levy for 1999 is 2.70865 mills. There was not an increase from 1998. Valuations have not been set for year 2000. C. Resolution #19-98 - Adopting Budget, 1999-2000. On November 2 nd and 6th the Town Board held study sessions to review the 1999-2000 budgets and received public comments. D. Resolution #20-98 - Appropriating Sums of Money, 1999- 2000. . Board of Trustees - November 10, 1998 Page 3 Mayor Dekker expressed the Board's appreciation to Staff members on the Budget preparation. Public Comment: Ralph Nicholas questioned replacement of the Estes Substation in 2000 as opposed to 2003 as listed in the Master Plan. He stated that it appears that the Discovery Center project is proceeding without a public hearing. He recommended not listing the upgrade in 2000 until it is known what will develop with the Discovery Center project. Administrator Widmer stated that the equipment in the Substation is approximately 30 years old and the numerous outages last year prove that it is aging faster than anticipated in the Master Plan. There being no further testimony, Mayor Dekker closed the public hearing. It was moved and seconded (Hix/Doylen) Resolution #18-98 be approved, and it passed unanimously. It was moved and seconded (Doylen/Marshall) Resolution #19- 98 be approved, and it passed unanimously. It was moved and seconded (Doylen/Hix) Resolution #20-98 be approved, and it passed unanimously. 2. New Liquor Store License, filed by Paul Sauerzoph, dba Rocky Mountain High Discount Liquor, 214 E. Elkhorn Avenue. Mayor Dekker reviewed procedure and then opened the public hearing. Mr. Sauerzoph introduced himself and his store manager, Joe Eyman. He also thanked Town Clerk O'Connor for her assistance during the licensing process. Trustee Baudek noted that the Town Board and the Police Department take liquor licensing and training very seriously. Mr. Sauerzoph stated that he contacted the State regarding the TiPs Program, and they have met with Chief Repola to discuss his concerns on selling to minors. Clerk O'Connor reported that the lease has not been completed and the application will be held pending receipt. There being no further public comment, Mayor Dekker closed the public hearing. The Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license. Therefore, it was moved and seconded (Doylen/ Jeffrey ) the new liquor store license application filed by Paul Sauerzoph, dba Rocky Mountain High Discount Liquor, be approved, and it passed unanimously. Town Clerk O'Connor will not process the application until the lease has been received. 3. Rezoning Request for Lots 2, 3 and 16, Ranch Meadow Subdivision, Richard H. Wille Trust/Applicant. Mayor Dekker opened the public hearing. Three vacant lots are currently zoned C-0, Outlying Commercial. The applicant has submitted a petition to rezone these lots to R-M, Multiple Family. Multi-family development is a permitted principal use in the C-0 District, and the owner could develop as such, subject Board of Trustees - November 10, 1998 Page 4 to Development Plan Review and approval. The Planning Commission, recognizing testimony, and that "preserving commercial zoning for commercial uses is particularly important for land located along major arterial highways," recommended denial Of the proposed rezoning from C-0 Outlying Commercial to R-M Multi-Family. The recommendation passed on a vote of 4-1. Trustee Baudek noted that under present zoning, this project would be allowed (Reference: Municipal Code 17.12.030; (3) Develop consistent with the Town Comprehensive Plan). Trustee Doylen stressed the importance ·of preserving the commercial land base. Those speaking in favor: Applicant's Representative, Bill Van Horn who requested the Board agree with certain "Statements of Fact" that he prepared. Trustee Baudek responded that it would not be appropriate to agree with the "Statements of Fact" without the ability to verify the information. Mr. Van Horn continued with the following comments: Mr. Wille should not be singled Out; the compatibility of the surrounding properties should be considered; he believes there is a commercial zoning ratio of 25%; there have been numerous uses in C-0; the Town has never denied a landowner to apply for a more restrictive zoning; there have been inconsistencies with commercial use in the past; at issue is individual rights, and how appropriate it may be for the Town to dictate what a person can do with his own property; and, in his opinion, there is a lack of sound planning data to support denial. Opposition comments were heard by: Ralph Nicholas, who stated the Planning Commission should not perform in a vacuum; zoning laws should be followed; zoning laws give stricter guidelines for the Board of Trustees to follow; urged the Town Board to support the Planning Commission recommendation. Patrick Cipolla encouraged the Board to follow the recommendation of the Planning Commission and the Comprehensive Plan; and this request is a perfect example of why there should be a moratorium. Mr. Van Horn rebutted: Mr. Nicholas is opposed to anything that Mr. Wille has constructed. Trustee Jeffrey questioned the reasoning and advantage of rezoning. Attorney White confirmed that the applicant may lose the ability to build . any additional units assuming the passage of the new Development Code. In addition, Attorney White clarified precedent-setting issues raised by Mr. Van Horn, adding that the applicant, not the Town Board, is charged with the responsibility to justify their rezoning request. There is no Town policy requiring applicants to rezone to a lesser degree. There being no further testimony, Mayor Dekker closed the public hearing. Town Board Comments: Trustee Baudek stated that the Town does have a responsibility to plan for the future using the Comprehensive Plan as a guide and the Board should take into consideration the recommendations of the Planning Commission. Trustees Marshall and Doylen noted that housing, especially affordable, is a very important issue. Trustee Barker confirmed that Mr. Wille does has the right to complete this project presently. The new Development Code is being developed and there will be a process for public Board of Trustees - November 10, 1998 Page 5 input. Trustee Doylen suggested a compromise: the validity for a multi-family use of Lot 3 and 16 is apparent, there is less validity shown for a multi-family use on Lot 2. Therefore, it was moved and seconded (Doylen/Marshall) that Lots 3 and 16 be rezoned to R-M and Lot 2 remain C-0, and it passed by the following votes: Those voting "Yes" Trustees Barker, Doylen, Hix, Jeffrey, and Marshall. Those voting "No" Trustee Baudek. Trustee Baudek recommended enactment of a moratorium on certain commercial developments that are not consistent with the Estes Valley Comprehensive Plan, that would be in effect until the Development Code is adopted. Attorney White stated that the Board does have the ability to enact a morat6rium and that there is a legal basis for a moratorium. The moratorium should be specific, non-discriminatory, and must follow a process. Mr. Van Horn stated his opposition. Mayor Dekker stated he does not favor moratoriums. Other Trustee comments included: the Town Board should consider the impact of moratoriums; rezoning issues are increasingly becoming more difficult; and a public hearing may solidify concerns. Attorney White counseled the Board on proceeding with a moratorium. Staff must be instructed on specific concerns. Trustee Doylen questioned requests that may be in process. Attorney White cited the Pending Ordinance Doctrine where the moratorium could be made retroactive. Following clarification, it was moved and seconded (Baudek/Doylen) staff draft an Ordinance enacting a moratorium on all developments in the C-0 and C-D Districts not consistent with the Comprehensive Plan. The moratorium would be in effect until the Estes Valley Land Development Code is adopted by the Town Board, but in no case, longer than six months following adoption of said moratorium. Any developments that are currently filed and being reviewed by the Town will not be subject to the moratorium. The motion passed by the following votes: Those voting ~Yes" Trustees Baudek, Doylen, Hix, and Marshall. Those voting "No" Trustees Barker and Jeffrey. 4. Amended Special Review 97-02, Lots lA and 5A, of the Amended Plat of Lots 1 and 2, Lee and Alps Addition and of the Amended Plat of Lots 5A and 9, Prospect Village Subdivision, Lynn W. Kinnie/Applicant. This special review request was withdrawn by the applicant. No further action was taken. 5. Town Administrator's Report: A. None. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 9:40 p.m. Robert L. Dekker, Mayor Rebecca van Deutekom, Deputy Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Light and Power Committee November 12, 1998 Committee: Chairman Hix, Trustees Barker and Jeffrey Attending: All Also Attending: Town Administrator Widmer, Director Matzke, Museum Director Kilsdonk, Fleet Supt. Mahany, Ass't. to Light & Power Director Mangelsen, Clerk O'Connor Absent: None Chairman Hix called the meeting to order at 8:00 a.m. FALL RIVER HYDRO RESTORATION PROJECT - REQUEST AUTHORIZATION TO EXECUTE CONTRACT FOR PLANNING PHASE. The Town has received a State Historical Grant of $46,965 for planning the restoration of the Fall River Hydro Plant. The State Historical Society has approved the following firms for this project: Long Hoeft Architects (Historical Architect), Rocky Mountain Conservation Center (Conservator), and the National Resource Connection (Interpretive Specialist). Museum Director Kilsdonk described the work each firm Will be performing, identifying their expertise in the field. Staff anticipates that a Master Plan will be developed that will be presented in Spring, 1999. Following completion of the Master Plan, staff will apply to the Historical Society for funding to implement the Plan. An exhibit is planned at the Museum and the Municipal Building next spring. Ass't. Mangelsen confirmed that existing base maps will suffice for the site survey. The 1998 Budget contains a total of $71,965 for this project, with $46,965 provided by the grant, and $25,000 by the Light and Power Department. The total cost of the contracts is $66,265. The Committee recommends approval of the following Contracts: Long Hoeft Architects $59,035, Rocky Mountain Conservation Center $1,880, and Natural Resource Connection $5,350 to provide services detailed in their proposals. The Committee applauded Town staff and the volunteers who have been working on this project. RADIO SYSTEM UPGRADE- AUTHORIZATION TO PURCHASE. Staff reported on the Town's single radio channel shared by the Light and Power, Water, Streets, Parks, Community Development, Fleet and Fairgrounds Departments for office to vehicle and vehicle to vehicle communication. There is a base station in the Municipal Bldg., a remote base station at the Light and Power Service Bldg., and a transmitter on Prospect Mountain, connected by a lease line from U.S. West. This system has provided sufficient radio service for the Town, however, there are areas south and east of Estes Park where communication is poor or non- existent. Since U.S. West replaced a portion of their system with fiber optic cable, performance of the remote base station at the service building has suffered. Staff began working with its radio service provider (now known as Wireless Advanced Communications (WAC)), in late 1997 to obtain DRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Light and Power Committee - November 12, 1998 - Page 2 FCC licensing for additional radio frequencies. Staff has obtained licenses which will allow the Town to install a repeater system for the Light and Power Dept. and later convert the original municipal channel to a repeater system as well. The Town has negotiated a proposal from WAC to furnish and install the equipment to provide a radio system which will provide extended radio coverage for crews working in remote areas of the service area, and will provide a clear channel for communication during construction, switching, and outages. This system will reduce radio traffic on the municipal channel, provide a single channel for Light & Power, and provide greater availability to the other departments. Fleet Supt. Mahany reviewed installation and equipment, re- programming, etc., and clarified access. There is some savings by the deletion of a telephone line. Staff reported the town was fortunate to obtain licenses due to the limited number of available radio frequencies, and they opted to obtain an additional Municipal channel for future use. The 1998 Light and Power Budget contains $22,000 to purchase the above-referenced system, and the WAC proposal is $22, 076.50. The Committee recommends staff be authorized to upgrade the radio system from Wireless Advanced Communications at a cost of $22,076.50. The Committee expressed their appreciation to Fleet Supt. Mahany for his work on this project. REPORTS. System Outage. Director Matzke briefed the Committee on the one- hourt outage that affected the Estes Substation on Nov. 7th. Affects of a wet snow storm caused a static line to contact a transmission line in Longmont. Several false trips occurred which in turn tripped the east bus at the Estes Power Plant Switchyard. This incident was the first live test to the recently installed new relaying system. WAPA and PRPA are studying the relaying settings to avoid reoccurrence, and the Dept. will pursue whether the Town's duty personnel will be authorized to reset the relays in lieu of WAPA personnel. The Marys Lake Substation remained on-line throughout the outage which provided electricity for approximately 50% of the area. Trustee Jeffrey questioned whether staff could contact the Town Board when major outages occur. Staff explained their emergency procedure specifically pertaining to determining which agency is responsible (WAPA, PRPA, or Town), and the difficulties thereto in relaying information; however, when staff determines that there may be an extended outage, staff will attempt to notify the Town Board. Concerning the emergency generator, Administrator Widmer advised that an existing portable generator failed; with recent approval to purchase a new generator, emergency situations should be remedied. Platte River Power Authority. PRPA has hired Mycoff and Associates as the executive search firm to locate a general manager (existing Manager Mitchie will be retiring in December, 1998). eRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Light and Power Committee - November 12, 1998 - Page 3 Through PRPA Solutions, their gas assets have been sold to ENSERCO. PRPA realized a 7% return on their 2-yr. investment. ENSERCO also agreed to hire two employees that were with PRPA. Financial Report. The September Income Statement was reviewed. Project Updates. The Pine Valley Three-Phase Project has been suspended as the Tree Trimming Contractor discovered that a portion of the line is located on private property and/or in heavily wooded areas. Due to clouded easements and affected customers desiring alternate routing, the contractor was suspended. The contract has confirmed that he will hold his bid price if the Town can engineer the line in question by Jan./Feb., 1999. Staff has since reviewed alternate routing, and they will verify exactly what easement rights exist. Staff may seek engineering funding in the future. A new cable- and conduit product was installed at the Hwy. 34 crossing. This product was successfully installed on the Glen Haven Underground Project, and advantages of this new product are decreased labor expenses, elimination of fitting 10' sections, and increased flexibility. Bids for the power transformers for the relocation of the Estes Substation are due 11/18, and delivery is expected in mid- September, 1999. Installation of the fiber optics is essentially complete, and staff is now able to communicate with Shop Facilities. Vince Grasek, an Environmental Management Consultant requested he be placed on a bid list. Mr. Grasek was referred to Director Matzke. Following completion of all agenda items, Chairman Hix adjourned the meeting at 8:47 a.m. 4 ck.1 <)' Connob ~AW Vickie O'Connor, CMC/AAE, Town Clerk 84»Ky *e./. 4 DATE: NOV. 6, 1998 CONSTRUCTION CHANGE ORDER SHEET NO.: 1 THRU 6 REFER TO ITEM NO. PROJECT: TOWN OF ESTES PARK 1998 ELECTRICAL SYSTEM IMPROVEMENTS ORDER NO.: 1 CONTRACT NO.: 498-006 CHANGE: RETIREMENT OF 9,385 FEET OF TELEPHONE CABLE REASON FOR CHANGE: NOT INCLUDED IN THE ORIGINAL CONTRACT CHANGE AUTHORIZED BY: TOWN OF ESTES PARK ELECTRICAL SYSTEMS C0NSULT*ITS, INC. OWNER ENAINE-gB ----r 4 ITEMIZED COST OF ABOVE ORDER DESCRIPnON QUANTITY LABOR TOTAL 50/PR PHONE CABLE 9,385.00 $0.35 $3,284.75 TSI, INC. CONTRACTOR CHGEORD.123 11/06/98 1 BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee November 19, 1998 Committee: Chairman Baudek, Trustees Barker and Jeffrey Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Manager Sievers, Attorney White, Deputy Clerk van Deutekom Absent: None Chairman Baudek called the meeting to order at 3:30 p.m. PROPOSED RIGHT-OF-WAY CONSTRUCTION STANDARDS - REQUEST APPROVAL. Interested parties, utility companies, and construction companies attended the October 15th Public Works Committee meeting and gave input on the proposed R.O.W. Construction Standards. As a result of the input, staff amended portions of the proposed standards such as flow fill variances for trenches; and waiving the $250 permit fee for governmental agencies and districts. The following items presented at the 10/15/98 Public Works Committee meeting were amended: + Boring shall be attempted for road crossings in fill slopes and shallow (<3') utilities. * Flowable fill required full depth in all trenches for utility service connections. For repairs and minor main replacements flowfill is required in lengths less than 100LF. 0 Trenches shall be overcut 2' all sides and asphalt patches shall be T-shaped, in cross section. + Asphalt patching shall be 4" minimum or match existing depth. Maximum thickness 8". + Overlays may be required when multiple cuts are made or road is severely disturbed. (see page 16) * Asphalt patching layout shall match examples on pages 14- 21. • Basic fees shall be $50 for permit and $200 to cut across a street. Governmental agencies and districts are exempt. See page 4 for details. Staff clarified how they would manage permits on new streets less than 5 years old. The Committee recommends approval of the Final Draft of the R.O.W. standards as specified above and recommended that an ordinance adopting the standard be presented to the Town Board. The Committee complemented staff on the hard work put forth in the completion of these standards. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee - November 18, 1998 - Page 2 WATER DEPARTMENT TAP ISSUES. Water Tap Ordinance - The Town and Larimer County are in the process of adopting the Estes Valley Development Code. Certain areas in the County have existing zoning that will be either prohibited or more restrictive. The Town could use the extension of water service outside Town limits as a tool to require more restrictive zoning development. This tool could also be used to require rural property to annex into the Town limits if the Town so requested. Town Attorney White prepared an ordinance and changes to the rural tap application that would allow the Town to use the rural water service extension tool as previously mentioned. Town Attorney White also added a section in the Policy Manual that would allow developers, whose tap fee at the time of building permit exceeds $100,000, to make the $100,000 payment at the actual time of water use rather than at the time of seeking a building permit. It is staff's opinion that this policy is fair due to the extremely high dollar figure involved. Attorney White reviewed the proposed Ordinance amending Chapter 13.24 which pertains to outside water service, and stated that the amended section of the Ordinance Will allow the Town to utilize water service as a tool for annexation; the Town will make the determination as to whether or not annexation is necessary. Attorney White verified that this tool is also being used by other municipalities within Colorado. Public Comment was heard from the following: Sherry Pettyjohn/ 513 Grand Estates Drive who questioned once water is supplied, what assurance does the Town have that projects will be developed according to plans submitted. Attorney White verified that all requirements will be clearly stated on the annexation agreement. Following discussion, the Committee recommends approval of the Ordinance amending Chapter 13.24 pertaining to outside water service. Change to Rural Application Agreement. Attorney White discussed the amendment to the Rural Application Agreement. Once the agreement is signed, it becomes a covenant to the property. Administrator Widmer stated that similar agreements have been used in the past for such annexations as Beaver Point. Attorney White concluded that this procedure is virtually the same as in other cities. Therefore, the Committee recommends approval of the revised rural water tap application. Water Department Policy Manual. Attorney White reviewed the policy manual and recommended four changes. Each item was discussed and the following changes were recommended: Connection Charge. "Any consumer whose connection charge exceeds $100,000.00 at any one building permit may present payment at the time of issuance of the Certificate of Occupancy in lieu of at the time of a Building Permit-" Previously Purchased Water Taps. "In the event the consumer's property is located outside the Town limits, the consumer shall execute an Application for Water Tap Outside Town Limits in order BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee - November 18, 1998 - Page 3 to receive an upgrade of service including the addition of fixture units." Following clarification on the $100,000.00 connect fee, the Committee recommends approval of the two amendments affecting the Water Department Policy and Procedure Manual. RURAL WATER TAP REQUESTS. Policy Modification - Director Linnane reported that staff's policy on Rural Water Tap Requests will be to report tap requests outside Town limits to the Public Works Committee. Those requests Will include: all commercial, all single family residences with possible commercial application, and all non- flagpole single family residences with the possibility of annexation. Requests from properties with no possibility of annexation will not be brought before the Committee. Requests: 1. The 1470 Fish Hatchery Road Church of Christ property is adjacent to Town limits. The property is currently E-Estate (2M acres) zoning. The Comprehensive Plan proposes to ~ create a new zoning district for public and private institutional uses, and it is unclear as -7 to whether or not this new zoning could generate sales tax. Following discussion of the request, the Committee recommends approval of the rural water tap for 1470 Fish Hatchery Road, Church of Christ property, contingent upon the property petitioning to annex. 2. The 1531 Fish Hatchery Road property is not 1/6 contiguous with the Town limits, and the Town Attorney advised flagpole annexation is possible. The current County zoning is T- Tourist. The Comprehensive Plan zoning is proposed as Al-Accommodations, which is a low- density, zoning. Following discussion the Committee recommends staff negotiate an annexation agreement and present it at a future Public Works Committee meeting prior to issuing a water tap for the property. 3. The Highway 34 former drive-in theater property (Richard and Ola Stanger, owners) is adjacent to Town limits. The current County zoning is B- Business. The proposed Comprehensive Plan zoning is A-Accommodations, which is a high-density zoning. The owners' representative, Roger Thorpe, answered questions regarding the project which included: the hike/bike trail location, connections to the trail across Bureau land, Rec. District issues, proposed start date, and time frame of completion, and CDOT requirements. Attorney White reported on annexation agreement negotiations between the Town and the property owners and presented the annexation agreement. Annexation will take place within one year of the Certificate of Occupancy. The annexation fees will be waived and the Town will prepare BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee - November 18, 1998 - Page 4 the petition and annexation maps. Director Linnane requested that the owners provide all the documents associated with the current commercial tap water fixtures. Chairman Baudek clarified that the height requirement had been negotiated and compromises were reached. No further review was necessary. There being no further comment, and based on the presented draft of the annexation agreement, the Committee recommends approval of the rural water tap for the Hwy. 34 former drive-in theater property. REPORTS. The Customer Service Response Report for October, 1998 was reviewed. Community Drive Right-of-Way Vacation. Ordinance 12-93 approved the vacation of the previous Community Drive R.O.W. Quit Claim Deeds to Mountain Fairway Condo. Association were drafted and approved in 1993. The previous Mountain Fairway Condo Association did not desire the vacated property and now the new association has stated the Association does desire the property. For the record, the 1993 Quit Claim Deed will now be recorded. There being no further business, Chairman Baudek adjourned the meeting at 4:43 p.m. 016) 11--1 8 A . Vanul,0 - 4,1 020?J- Rebedca van Deutekom, Deputy Town Clerk RESOLUTION TO APPROPRIATE SUMS OF MONEY No. 21-98 A RESOLUTION TO SUPPLEMENT THE TOWN OF ESTES PARK'S 1997 SENIOR CENTER FUND, WATER FUND, AND FLEET MAINTENANCE FUND BUDGETS. WHEREAS, the Estes Park Senior Center 1998 expenses are estimated to exceed the original budget estimate; and WHEREAS, contracts to construct water lines have been approved for the Water Fund to construct various waterline projects that will cause the original budget to be over expended; and WHEREAS, the Fleet Maintenance Fund has received approval to purchase fleet maintenance software and associated implementation costs; and WHEREAS, unanticipated personnel changes in the Fleet Maintenance Fund have resulted in an over expenditure of personnel and benefits line items in the 1998 budget. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. THAT the Senior Center Fund 1998 budget be increased from $51,445 to $59,882. Source of funds will be the increased revenue collections. 2. THAT the Water Fund 1998 budget be increased from $2,621,964 to $2,891,033. Source of funds will be the increased revenue collections. 3. THAT the Fleet Maintenance Fund 1998 budget be increased from $209,045 to $272,605. Source of funds will be beginning cash balance. Adopted this 24th day of November, 1998. Mayor Town Clerk RESOLUTION NO. 22-98 A RESOLUTION APPROVING ESTES PARK MUNICIPAL COURT PARTICIPATION IN THE COMMUNITY SERVICE CHRISTMAS SPECIAL PROGRAM. WHEREAS, the Town Board desires to recommend the participation of the Estes Park Municipal Court in the Community Service Christmas Special Program to benefit needy children within the Town. WHEREAS, within the discretion of the Muoicipatjudge, trafEc offenders who pay for citations during a one month period of November 11 toDecember 11, 1998, would be permitted to donate the equivalent sum of any traffic Enes imposed by the Municipal Court in cash or in kind to the Estes Park Salvation Aimy Giving Tree located within the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: Section 1. Approval. The participation of the Estes Park Municipal Court in the Community Service Christmas Special Program to benefit needy children in the Town is hereby approved, subject to the following guidelines: 1. The Municipal Judge, in his sole discretion, shall request that traffic offenders, upon entry of a plea of guilty to a traffic offense and the imposition of related fines by the Court, be permitted to donate the equivalent sum of such fines, in cash or in kind, to the Estes Park Salvation Army Giving Tree in lieu of payment of such fines to the Town. 2. Notwithstanding any such donation in lieu of trafic fines, any traffic defendant shall remain responsible for the payment of the Court Costs, as imposed. 3. Cash donations in lieu of traffic fines shall be made payable to the Estes Patk Salvation A=ny Giving Tree. 4. In land donations in lieu of trafEc fines shall be in a purchase amount not less than the Court imposed traffic fines, and shall be delivered directly to the Town of Estes Park Salvation Army Giving Tree. The Town shall not be liable for credit or repayment of any purchase amount in excess of Court imposed traffic fines. The defendant shall be responsible for delivea of proof of receipt ofin kind donations to the Estes Park Municipal Court Clerk. 5. Chazitable donations shall benefit the Estes Park Salvation Army Giving Tree and needy children who reside in the Town. 6. Town pattieipation in the program shall not exceed the donation of more than $2,500 of traffic fines, in cash or in kind, to the Estes Park Salvalion Anny Giving Tree. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK ON THIS DAY OF ,1998. Mayor ATTEST: Town Clerk 4 t 1%40.-i 4 44> TOWN OF ESTES PARK v€.P- jj'Yrl-£<*> _~4%.·rk~&14·46$. 4 44~6~17: ~604-392.. 1-4* ¢t,;41111'ft[444»,2 N -€423- -219. diejdg,76+70 36#1 -i.7..*=f_-5241#.701,' d 29 512&,A> .,77-9;NS)~A 9A~~4~~rti29-, -1- 53>:ti.ZW»---a=/ Rich Widmer /,47 Town Administrator 21*b€··-7 - ry; e., ,: A)ate: 1 »NoDember 20, 1998 \ To: Honorable Mayor Dekker Town Board of Trustees <0 0 From: Rich Widmer *~ - Subject: 1999 Pay Plan 1. MERIT PAY In January 1996, Town staff began implementation of a new Employee Development Plan/Performance Review system. After using the new system for almost three years, we are convinced it is preferable to non-merit based approaches. In January of this year, performance goals were set for all employees. Progress toward achievement of these goals was reviewed with the employees in June and July. Additional review was held as necessary. During December, all employees Will receive the annual Performance Review portion of the Employee Development Plan, which includes a review of goal achievement and performance in twelve areas. It is our recommendation that all salary increases for 1999 be merit-based, with all employees eligible for up to a 5% increase based on performance. The "framework" for merit awards will be 0% for a "Below Standard" rating, 1.5% for a "Standard" rating, and 1.5 - 5% for "Above Standard." The departments' recommendations will be reviewed to assure that raises are based on individual achievement. Past experience has shown the departments are doing a good job with this new approach to pay for performance. 2. SALARY ADJUSTMENTS A. Police: Each year we review our Pay Plan against data on all other cities and towns in Colorado provided by the Municipal League. Our review this year indicates that some pay grade adjustments need to be made for police officers to bring them more into line with the market. Even though we raised the pay of all sworn officers except the chief 5% in addition to their merit increases in 1998, the data shows our salary ranges have (970) 586-533-I · RO. BOX 1200 · 170 MAC GREGOR AVENUE · ESTES PARK, CO 80517 • FAX (970) 586-2816 I . Town of Estes Park Estes Park, Colorado 80517 actually declined in pay range comparisons from last year. It is our recommendation the following adjustments be made to the police pay structure: 1) Create a Police Officer Ill position as grade 16. 2) Regrade Police Corporal and Police Investigator positions from grade 16 to grade 17. 3) Create a Community Resource Officer position as grade 17. 4) Regrade Police Sergeant position from grade 18 to grade 19. 5) Regrade Police Administrative Lieutenant and Operations Lieutenant positions from grade 20 to 21. 6) Regrade Police Captain position from grade 21 to grade 23. No new personnel are proposed as a result of these recommendations. The cost of these recommendations is estimated at 0.5% of payroll. B. Others: Review of CML and other data indicates we should also regrade three other positions. The Special Events Director, Museum Director, and Town Clerk grades should be changed from Grade 18 to Grade 20. It is our recommendation these regradings be done, at a cost estimated at 0.3% of payroll. The total theoretical amount required for all pay related increases explained above is estimated at 5.8%; however, past history of using the merit system indicates the final number will be closer to 4.8%. Five per cent is in the budget for pay adjustments. 22-98 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.52.040 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, REGARDING THE SALARY OF THE CLERK OF THE MUNICIPAL COURT BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. The Clerk of the Municipal Court shall receive as compensation for his/her services as Clerk of the Municipal Court an annual salary of six thousand, three hundred fifty-three dollars ($6,353.00); provided that any Clerk of the Municipal Court who serves only a part of a year shall receive for his/her compensation only that portion of the year he/she actually serves as a Clerk of the Municipal Court. Section 2. This ordinance is hereby declared effective with the pay period beginning December 27, 1998. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1998. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1998, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1998. Town Clerk ORDINANCE NO, 23-98 ORDINANCE APPROVING RIGHT-OF-WAY PERMIT APPLICATIONAND CONSTRUCTIONGUIDELINES FOR THE TOWN OF ESTES PARK WHEREAS, public entities in Larimer County, Colorado have been in the process of standardizing right-of-way permit applications and construction guidelines for public streets, easements and right-of-ways located within their respective jurisdictions; and WHEREAS, the Town ofEstes Park has participated in this project; and WREREAS, the Town has drafted and reviewed the right-of-way permit application and construction guidelines attached to this ordinance as Exhibit A and incorporated herein by reference; WHEREAS, the Town has made certain modifications to the right-of-way permit application and construction guidelines in order to reflect local conditions and concerns. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: The Right-Of-Way Permit Application and Construction Guidelines attached hereto as exhibit A is hereby adopted for use within the limits of the Town of Estes Park, Colorado. Section 2: The Right-Of-Way Petmit Application and Construction Guidelines shall be effective January 1, 1999. Section 3: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. ORDINANCE NO. 24 --98 ORDINANCE AMENDING CHAPTER 13.24 PERTAINING TO OUTSIDE WATER SERVICE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. WHEREAS, the Town ofEstes Park owns and operates the utility water service systems; and WHEREAS, the Town has in the past and may in the future extend water service to unincorporated areas ofLarimer County located outside ofthe Town boundaries; and WHEREAS, Section 31-12-121 C.R.S. provides that the Town may require landowners to consent to annexation as consideration for the Town extending water service to those landowners; and. WHEREAS, extra territorial water service extended by the Town to outside water users is purely contractual and in the discretion ofthe Town, NOW, THEREFORE, BE IT ORDA]NED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1: The Municipal Code of the Town of Estes Park is hereby amended by the amendment of Section 13.24.120 to read as follows: 03 Extra Territorial Water Service. a. Use of water outside the Town limits shall be subject to the paramount rights ofusers within the Town limits, and in case there shall be insufficient water to provide for users both within and without the Town limits, the Board may reduce, curtail or shut offthe users outside the Town limits during such period of water shortage or scarcity. b. All applicants for water service outside the boundaries of the Town, including any changes or enlargement of service, shall, if required by the Town, annex their property to the Town prior to furnishing of water service; or if their property is not eligible for annexation, execute a Water Tap Agreement requiring annexation to the Town when said property is eligible for annexation. 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 ATIEST: 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 ofEstes Park, Colorado on the day of ,1998. Town Clerk Ed Volz CX ~im© Im °VE 3 Director i Phone (970) 586-8116 NOV 18 898 FAX (970) 586-0189 ~# evolz@estes.lib.co.us ESTES PARK PUBLIC LIBRfIRY Estes Valley Public Library District http://www.estes.lib.co. us November 16,1998 Mayor Bob Dekker Town of Estes Park P. O. Box 1200 Estes Park, CO 80517 Re: Library Board Appointments Dear Mayor Dekker: The recent resignation of Library Trustee Jan Bode, because of relocation outside the Estes Valley Public Library District, has created an opening on the Library Board. The Board is pleased to have received six applications from individuals interested in serving as Library Trustees. After carefully reviewing each of the applications, the Board has come to the following consensus. We unanimously recommend that Cami Sebern be appointed to complete Ms. Bode's term, which will expire in 2001. Ms. Sebern is a working resident of the Library District, as was Ms. Bode. Recently appointed as Supervisor of the historic Maude Jellison Library at the YMCA Center of the Rockies, Ms. Sebern will facilitate additional interaction among area libraries. In addition, she has a strong background and continuing interest in the welfare and development of children, which is an important aspect of the Estes Park Library's programs. We believe that Ms. Sebern's experience and background, combined with her perspective of the Library as a community asset and her enthusiasm for its support will make her an effective and valuable Board member. We respectfully request that the Town Board of Trustees consider this recommendation at its earliest convenience. Sincerely, aut,44 l/UDc-ex Allan R. Wasson President, EVPLD Board of Trustees Attachment: Application of Cami Sebern RO. BOX 1687 · 335 EAST ELKHORN AVENUE · ESTES PARK, CO 80517 APPLICATION FOR LIBRARy TRUSTEE POSITION (please type or print) NAME Cami Sebern MAILING ADDRESS 409 Birch Ave. Home 586- 1868 TELEPHONE NUMBER Work 586-3341 x**00 1133 E-MAIL ADDRESS (if applicable) csebemBepcenter.om 0-----------------------0----------0----0------ OCCUPATIONAL BACKGROUND I am currently employed at the YMCA. I have been a housekeeping supervisor and then worked as the housekeeping omce coordinator. I am currently in the Buildings and Grounds ofnce. I was recently hired as the new library supervisor at the Maude Jellison Library at the YMCA and will begin working there the middle of November. Before this, my work was in a non-profit agency in Denver; Family First Resource and Referral Agency. I counseled families and organized and directed several special projects. I also spent several years in the Early Childhood Education field. EDUCATIONAL HISTORy I am a graduate ofJefferson High School. I attended Red Rocks Community College, and received my Child Development Associate (CIM) certificate. PRESENT CIVIC ACTIVITIES I am currently involved with assisting Kreative Kids (a non-profit child care center) in promotion and fund raising. I am also an acuve supporter of the YMCA library. (Letter of recommendation attacAed.) I volunteer at Estes Park Intermediate School whenever possible. PAST CIVIC ACTIVITIES While I lived in the Denver area I was very active in the child care community. I was vice president of the Jefferson County Child Care AssociaUon and served on numerous committees devoted to promoting quality child care, the training and licensing of child care providers and other issues. I also volunteered at my children's school. 6 - . HOW HAVE yOU USED LIBRARIES IN THE PAST? I have been a frequent patron· of libraries all of my life. I love to read and I love to be SUITOUnded by books. To me, a library is a place of information, imagination, and pure joy. I have encouraged my children to use the library to foster a love of reading and to gather information for school projects. I feel that a library can also be used as a place to begin to appreciate the other arts, such as dance and theater. Libraries can be a stepping stone to the many wonders of the world. WHy ARE yOU INTERESTED IN SERVING AS A LIBRARy TRUSTEE? I was acUve in the community in Denver and would like to become more involved here in Estes Park. I feel that my appreciation of libraries and literature makes my appointment to the Board ofTrustees a natural place to begin. I would like to know more about how the Library can serve the town and the people who live here. I am interested in broadening my horizons and meeting new people who are excited about something I strongly believe in. WHAT IDEAS AND PROGRAMS WOULD YOU LIKE TO PURSUE DURING yOUR TERM OF BOARD MEMBERSHIP? I would like to see literacy programs be a high priority for Estes Park. I have been impressed with the involvement of this library with the Arts and would definitely like to be involved. Promotion and awareness of the importance of reading and how to use the Library for increasing knowledge and personal enjoyment would be a pursuit for me too. OTHER COMMENTS: I have always loved my local library and felt at home whenever I visited. I would like to increase my understanding of the inner workings and become a champion for the powerful effect a library can have on the community and the people who live there. I have read the general description outlining the responsibilities involved in serving as a library trustee. I believe that I have the time, energy, and interest to function effectively in this capacity. 2-1 ~~OF-) /0) /9 les/ signature / datt [give completed form to a library employee or mail to: Ed Volz, Estes Park Public Library, P. O. 1687, Estes Park, CO 80517] ~'...v. ESTES PARK CENTER ® ~ YMCA of the Rockies October 5, 1998 TO WHOM IT CONCERNS: The purpose of this letter is to recommend Cami Sebern for a position of Board Member, or Trustee, on the Estes Park Public Library Board of Directors. Mrs. Sebern has been an active volunteer at the Maude Jellison Library, YMCA of the Rockies, Estes Park Center for the past two years. She has been a loyal and productive worker, serving as Chair- woman of our book group. Her enthusiastic personality and her dedication to her task has been a great benefit to our library. You will find Cami Sebern to be a committed and effective member of your board. Yours truly, A-k &/l '0 )1»)6Lk_-' Bert S. Muse Library Supervisor YMCA of the Rockies Estes Park Center /bsm 2515 Tunnel Road Estes Park, CO 80511 -2550 (970) 586-3341 (970) 586-6078 (FAX) (303) 448-1616 (Denver line) RESOLUTION WHEREAS, a complaint by the Estes Park Police Department was presented to the Trustees of the Town of Estes Park on Tuesday, November 24, 1998 charging ROCKY MOUNTAIN DISCOUNT LIQUOR, Retail Liquor Store License No. 03-39770-000 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause to believe that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully set forth in the complaint; and WHEREAS, the Board feels it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violations presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a show cause hearing shall be held pursuant to Section 12-47-601, C.R.S., and a Notice of Hearing be issued to the Licensee to appear and show cause why the license should not be suspended or revoked. Said hearing shall take place on Tuesday, January 12, 1999 at 7:30 p.m. in the Board Room of the Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be mailed to the following: Young Hee Kim ROCKY MOUNTAIN DISCOUNT LIQUOR 350 W. Riverside Dr. P. 0. Box 255 Estes Park, Colorado 80517 INTRODUCED, READ AND PASSED THIS DAY OF , 1998. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk