HomeMy WebLinkAboutPACKET Town Board 1999-10-12f. Prepared 10/07/99 *Revised 10/08/99 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, October 12, 1999 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT CALENDAR: 1. Town Board Minutes dated September 28, 1999. 2. Bills. 3. Committee Minutes: A. Public Safety, October 7, 1999 - Approval of: Police Dept. 1. Resolution #27-99 Ratification of Year 2000 L.E.T.A. surcharge. 2. Halloween Street Closure: Elkhorn Ave. from Spruce Dr. to E. Riverside Dr. from 5:00 p.m. to approx. 8 or 9:00 p.m., October 31, 1999. Fire Dept. 1. Pumper/Tanker Truck Combination Purchase and Lease. 2. Portable Radio Purchase. 4. Planning Commission, September 21, 1999 (acknowledgement Only). 5. Continue Kiowa Ridge Addition Annexation Public Hearing to November 9, 1999. 6. E.P.U.R.A. Reappointment - Carl Henderson and Al Wasson, 5-yr. terms, expiring 9/13/04. Agenda continued on reverse side.
*7. Resolution #28-99 - Intent to Annex Moccasin Saddle Second Addition. Municipally-owned land: street right-of-way and outlot. Refer to Planning Commission for their meeting 10/19/99 and Town Board meeting 11/09/99. (Pursuant to C.R.S. Sections 31-12-108 and 109 public hearings and notice requirements are not required.) 2. ACTION ITEMS: 1. Resolution #25-99 - Authorizing Salvation Army Kettle Drive sponsored by Noon Rotary Club. 2. Resolution #26-99 - Transferring the Cable Television Permit to Charter Communications Holding Co., LLC. 3. Introduction of Resolution for Year 2000 Proposed Budget (Public Hearing scheduled November 9, 1999). 4. 1999 Town Board Goals Update - Assistant Town Administrator Repola. 5. Liquor Licensing: A. Transfer of Ownership from Debbie Barlow and Robert Pieper, to Colorado Poppy's, Inc. dba POPPY'S PIZZA & GRILL, Beer and Wine License, 342 E. Elkhorn Ave. 3. TOWN ADMINISTRATOR'S REPORT:
Town o f Estes Park, Larimer County, Colorado, September 28,1999 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 28th day of September, 1999. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek Stephen W. Gillette George J. Hix Lori Jeffrey Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Dekker called the meeting to order at 7:00 p.m. PUBLIC COMMENT: Bret Poland, Investment Representative Estes ParWEdward Jones expressed his dismay in not being allowed to compete to serve as the Town's Bond underwriter for the $3.5 Million in revenue bonds for the Estes Park Substation. Mayor Dekker advised that Item #3.A.2. concerning selection of the bond underwriter would be removed from the Consent Calendar for discussion. TOWN BOARD COMMENTS: Trustee Baudek responded to previous comments made by Ricki Ingersoll where she stated state law required the Town Board to listen to the citizens. There is no state law requiring governments to provide a forum for citizen comments; however, as a courtesy to the residents, the Town Board does a provide a public comment section on the Town Board Agenda. Attorney White confirmed that the Town does comply with the Open Meetings Law. 1. CONSENT CALENDAR: 1. Town Board Minutes dated September 14, 1999. 2. Bills. 3. Committee Minutes: A. Light and Power, September 16, 1999 - Approval of: Removed 1. Billing Statement Format Conversion and Purchase of Laser Printer ($5,000) and Inserting Machine ($8,500). Removed 2. George K. Baum & Company to Underwrite Electric Revenue Bonds. 3. TSI, Inc. for Pine Valley Three Phase Conversion - Change Order, $2,720
Board of Trustees - September 28, 1999 - Page 2 4. T.A. Enterprises bid of $41,200 for Christmas Decoration Installation Contract. 5. A-1 Excavating bid of $114,223.52 for Substation Trenching Contract. B. Community Development, September 23, 1999: 1. Special Events a. Celebrate Estes Event Street Closure: Elkhorn Ave. between Riverside Dr. and Moraine Ave. and Moraine Ave. to Spruce St. b. 1999-2000 Rooftop Rodeo Committee Appointments. c. Relocation of Sewer on West Side of Stanley Park. 4. Board of Adjustment, September 14, 1999 (acknowledgement only). With Items #3.A.1 and 2 removed from the consent calendar, it was moved and seconded (Hix/Doylen) the consent calendar be approved, and it passed unanimously. Utility Billing Statement Format Conversion. Trustee Barker noted his disagreement with the Light and Power Committee's favorable recommendation on this project. Finance Officer Vavra presented background information to purchase hardware necessary to purchase a new utility billing statement in lieu of a postcard. A letter-size statement format, mailed in an envelope that would include a return envelope is being proposed. Discussion followed on conversion costs, equipment, and staffing levels. Town Administrator Widmer reported that with the conversion to an envelope, pertinent community information could be included, thus the Town Board could meet their "Trustee Outreach Goal: With additional clarification, it was moved and seconded (Hix/Doylen) the Utility Billing Statement Conversion be approved, and it passed by the following votes: Those voting "Yes" Trustees Doylen, Gillette, Hix, and Jeffrey. Those voting "No" Trustees Barker and Baudek. George K. Baum & Co. Bond Underwriter - Selection Process. Finance Officer Vavra and James Manire, James Capital Advisors (financial advisor) reviewed the bond underwriter selection process. Both Vavra and Manire previously discussed the process with Mr. Poland/Edward Jones. A "negotiated sale" approach was utilized, and electric revenue bonds are uncommon and staff desired a firm with expertise in this area. George K. Baum and U. S. Bancorp Piper Jaffrey were recommended based on a lower fee proposal and a perceived better working knowledge of electric utility financings. Estes Park residents will not be precluded from purchasing the bonds should they so desire. It was moved and seconded (Hix/Barker) George K. Baum & Co. be selected as the Bond Underwriter for the $3.2* Electric Revenue Bonds, and it passed unanimously. 2. ACTION ITEMS: 1. Special Event Liquor Permit for the Art Center of Estes Park. It was moved and seconded (Hix/Gillette) the Special Event Liquor Permit for the Art Center for a reception planned November 20, 1999 be approved, and it passed unanimously. 2. Ordinance #7-99 - Establishing a Light and Power Enterprise Fund. 3. Ordinance #8-99 - Establishing a Water Enterprise Fund. Town Attorney White reported that both items would be considered jointly, and he briefed the Trustees on the 1992 TABOR Amendment, adding that the Town has managed both the Light and Power and Water Funds as "enterprise funds" for a number of years. However, the Bond Attorney is requesting the Town formally establish the Light & Power Fund as an enterprise fund to facilitate the upcoming electric revenue bond sale. Staff is
-1 - .& *.*mk ./..7.-Il--..-. --- I p--N.* 'VI'll. .Il./-'-8/* Il--.I.*#.I- I# -I.-..-.*...---I.-h .---Alt BY..-- .* # Mt%*-IV-. Board of Trustees - September 28, 1999 - Page 3 suggesting the Water Fund be induded in the formality. Attorney White confirmed this action is merely a formality, with no other implications, impacts, etc., and he specifically reviewed Section 7 - Findings, and confirmed that the "emergency provision» has been included. It was moved and seconded (Baudek/Hix) Ordinances #7-99 and #8-99 be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT: 1. None. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 7:39 p.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk
BRAD-MO PUSLI~HING Co. RECORD OF PROCEEDINGS Public Safety Committee October 7, 1999 Committee: Chairman Hix, Trustees Baudek and Gillette Attending: All Also Attending: Assistant Town Administrator Repola, Deputy Police Chief Filsinger, Fire Chief Dorman, Clerk O'Connor Absent None Chairman Hix called the meeting to order at 8:00 a.m. POLICE DEPARTMENT ' Clancy Parking Report - Revised. As stated at the September Public Safety Meeting, this report was reviewed to ensure statistics were accurate. Staff determined that the codes were in fact transposed on the previous report; however, the statistics remain the same but reversed. Approximately $2,900 has been collected on parking tickets to date. L.E.T.A. Surcharge - Request to ratify charge for Year 2000. Assistant Town Administrator Repola stated that the IGA between participating L.E.TA municipalities requires that tile surcharge ($.45/mo. per exchange) must be ratified annually on hardwire and cellular phones. The Committee recommends approval of the Resolution for Year 2000 as presented. Third Quarter Customer Surveys. The Committee reviewed the Third Quarter Report where 59 surveys were tallied for Patrol, and 34 for Communications. The Dept. is maintaining a rating between 4.7-4.9 Commendable/Outstanding. Chairman Hix commended the entire Department. Halloween Street Closure. The Dept. is again promoting the Downtown Halloween Program and youth safety and is recommending the closure of Elkhorn Ave. from Spruce Dr. to E. Riverside Dr., from 5:00 p.m. until approximately 8 or 9:00 p.m. on Sunday, October 31, 1999. Chief Dorman also offered his personnel to assist. The Committee recommends approval of the street closure as identified above. FIRE DEPARTMENT Pumper/Tanker Truck Purchase. Fire Chief Dorman reported that in a recent ISO Rating Report, it was determined that the Dept. should purchase a spare engine and the ability to transport additional water. The existing truck has a 1,200 gal. capacity. Taking advantage of the opportunity, the specs were written to include both items on one vehicle. The new truck contains an 1,800 gal. water storage capacity, 1,500 gal. pump, and foam system--all "state of the art" and which is badly needed for fire protection and the ISO rating. Delivery is expected 240 days after receipt of order, and the low bid truck meets all specs with the exception of minor items. Delivery from the other bidders was approximately 2 yrs. Bids were solicited from 4 firms, and bids are as follows: American LaFrance Transwest $224,497.00 Western Fire E-1 $235,253.00 Mile-Hi Fire Apparatus $247,992.50 Front Range Fire Apparatus No Bid
SMADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee - October 7, 1999 - Page 2 Assistant Town Administrator Repola reported that when staff determined the truck was over budget, cost-effective cuts were made. Fleet Supt. Mahany added that the other bids could have been higher as the specs called for W thick aluminum. The truck was budgeted in 1999 with the Fire Dept. and Town sharing equally in the purchase. Staff has devised a purchase plan whereby Fire Dept. funds will pay for % of the purchase, $112,248.50. The Town had previously anticipated borrowing approximately $85,000; however, with adjustments to certain line items in the 1999 and 2000 Fire Dept. Town budget, the amount may actually be $66,500. Assistant Town Administrator Repola commended the Fire Dept. for increasing their funding share by $27,248.50. The Committee recommends approval of the pumper/tanker truck as outlined above. Chairman Hix commended all those involved in resolving funding issues for the purchase of the truck. ' Portable Radio Purchase. The Fire Dept. has been upgrading it's portable radio's and making available radios for new recruits. The Dept. is currently using Motorola radios and has had a very good history with this equipment. Five new radios were budgeted for $5,775.00, and bids were requested from Motorola Corp., using the State Bid price of $819/radio and $51.00/HT swivel radio holder, and $56.95/MT swivel radio holder. The Dept. is seeking approval to purchase 6 HT1000 portable radios, 9 swivel HT holder and 5 swivel MT holders for a total bid price of $5,657.75. Staff added that possessing the same model radio simplifies the use of batteries, programming, and maintenance. The Committee recommends approval of the radio purchase for a total expenditure of $5,657.75. REPORTS. None. There being no further business, Chairman Hix adjourned the meeting at 8:20 a.m. 91£. o.«.102 Vickie O'Connor, CMC/AAE, Town Clerk
RESOLUTION NO. 27-99 BEING A RESOLUTION ESTABLISHING A TELEPHONE EXCHANGE ACCESS FACILITY CHARGE AND A WIRELESS COMMUNICATIONS ACCESS CHARGE FOR THE LARIMER EMERGENCY TELEPHONE AUTHORITY EFFECTIVE JANUARY 1, 2000. WHEREAS, the Larimer Emergency Telephone Authority was created pursuant to § 29-11-101, et seq., C.R.S., by an Intergovernmental Agreement Concerning the Implementation of an "E911" Emergency Telephone Service, dated November 14, 1990, between certain governmental entities located in Larimer County, Colorado; and WHEREAS, pursuant to the aforesaid statutory authority and by resolution of the Town of Estes Park on May 8, 1990, and Ordinance No. 4-98 properly adopted by the Board of Trustees on February 10, 1998, the Board of Trustees is authorized to raise, lower, or reestablish a telephone exchange access facility charge and a wireless communications access charge to be assessed telephone (wireline and wireless) service users in the Town of Estes Park; and WHEREAS, the Board of Trustees deems that reestablishing the telephone exchange access facility charge at the rate of forty-five cents ($.45) per month and the wireless communications access charge at the rate of forty-five cents ($.45) per month is necessary and appropriate to adequately fund emergency telephone services in the Town of Estes Park; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, AS FOLLOWS: 1. Commencing on January 1, 2000, the telephone exchange access facility charge and the wireless communications access charge shall each be reestablished at forty-five cents ($.45) per month per exchange access facility or per wireless communications access. 2. Telephone service suppliers providing telephone service in the Town of Estes Park are authorized to collect the telephone exchange access facility charge in accordance with § 29-11-101, et seq., C.R.S. 3. Wireless telephone service suppliers providing wireless telephone service in the Town of Estes Park are authorized to collect the wireless communications access charge in accordance with § 29-11-100.5, et seq., C.R.S.
. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this day of , 1999. TOWN OF ESTES PARK, COLORADO By Mayor ATTEST: Town Clerk
BRADFORD PUSLISHINGCO. RECORD OF PROCEEDINGS Estes Park Planning Commission September 21, 1999 Commission: Chair Al Sager, Commissioners Harriet Burgess, Margaret Clark, Alma Hix, Edward Pohl and David Thomas Attending: Chair Sager, Commissioners Burgess, Clark, Pohl and Thomas Absent Commissioner A. Hix Also Attending: Town Uaison G. Hix, Senior Planner Joseph, and Recording Secretary Wheatley Chair Sager called the meeting to order at 1:30 p.m. 1. MINUTES of the August 17,1999 were approved with the following changes: (1) Add the word "building" after "proposed" in the third paragraph of Section 2. (2) Change "their" to "the applicant's" on line 6 of Page 2. (3) Add "Joseph" after "Senior Planner" on line 2 of Section 3. 2. ANNEXATION AND ZONING Kiowa Ridge Addition, William Van Horn, Bill & Donna Pike, Robert Koehler/Applicants. Staff recommended continuation of this request to next month's meeting to allow consideration and review of this request along with the associated preliminary plat. Chairman Sager asked for comments from the public and there were none. It was moved and seconded (Pohl/Burgess) the Kiowa Ridge Annexation be continued, and it passed unanimously with one absent. 3. SUBDIVISIONS Amended Plat and Rezoning, Outlot A and Lot 44, Fall River Estates, Fall River Estates, InclApplicant. Commissioner Pohl suggested that the Amended Plat and the Development Plan be discussed together, but voted on separately. Paul Kochevar representing the applicant agreed to this arrangement. Mr. Kochevar reviewed the proposal which moves the existing open space outlot to the south in exchange for moving Lot 44 to the north. The goal is to provide for a developable area that avoids the wetlands. The size of the existing lots relative to the new lots is unchanged. The new outlot will have a little more river frontage. The development plan includes two separate buildings that are connected by a covered deck. The upper level would be one single residential unit. This proposal would not encroach the wetlands at all. The parking lot and walkway are elevated next to the wetlands in an effort to avoid disturbance. Senior Planner Joseph noted that the density calculation on the plan does not include any square footage for the area above the deck and should be corrected. He noted that the parking required would be 2 spaces for the
BRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS Estes Park Planning Commission - September 21, 1999 Page 2 residence and 1 space for every 200 square feet of commercial space, regardless if there were one or two businesses on site. Mr. Kochevar advised he will put a label on the plan to note that the deck is an entry only and that it will not be used as a business space. Senior Planner Joseph reviewed the staff report. Staff recommended approval based on the fact that this is an improvement of the existing layout of the lots protecting the wetlands and riparian areas. He requested Mr. Kochevar to confirm the outlet of a culvert that had been noticed. Mr. Kochevar advised he would have that surveyed and will provide a drainage easement to the river if necessary. Staff requested the addition of that condition to the approval of the amended plat. Senior Planner Joseph then reviewed the conditions for the development plan. He noted that Condition 7 was no longer applicable and could be deleted. Two additional conditions should be added: 7. A note shall be added to the development plan that states the wetlands are not to be disturbed by construction activities or subsequently by use of the lot by the residents for commercial purposes. 8. If there is a storm drain and if the discharge of the drain crosses any part of Lot 44a, a drainage easement shall be shown on the development plan. Commissioner Thomas noted that one adjacent property owner was omitted and that he would request that a packet be sent to that party prior to presentation to the Town Board. Public Comments: Ken Czarnowski, adjacent property owner, spoke in opposition of this plan. Comprehensive Plan provides protection of open space. It does not state that open space is available for sale or trade. In October 1993 a number of covenants were made which required open space be available to all owners of Fall River Estates and that any change would require 75% of the members approval. He requests that the replatting be denied. Chair Sager asked for confirmation that the prposed outlot is the same size as the original outlot. Senior Planner confirmed that the purpose is being preserved in this proposal. More importantly the rights of the owner to build on the current Lot 44 exists, but would be better if built on the proposed lot. Mr. Czarnowski feels the Commission would be setting a precedent that open space can be sold or traded and this would change the vision of the original development. He identified his lots as 3 & 4. Patty Czarnowski also spoke and said they had been assured by their realtor that the open space would always be there. They would lose a lot of their property value if this development were allowed. She stated the applicant should develop the original Lot 44 and work with the Corps of Engineers to develop it correctly within the wetlands. Commissioner Thomas asked for clarification as to the limitations there are to future developers from taking open space and outlots and using them for some other use. Senior Planner Joseph advised that normally the homeowners would hold title to the outlot and not the developer which is
BRADFORDPLIE]LISHING.0. RECORD OF PROCEEDINGS Estes Park Planning Commission - September 21, 1999 Page 3 the case here. Whoever has an interest in the property and is in a position to control the decisions regarding that property has a right to request a change. Ownership in this case was never turned over to the homeowner's association. The Commission determined neither covenants nor realtors' statements have any legal bearing on their decisions. Covenants may be relevant to the discussion; however the Town does not attempt to involve itself with the enforcement of covenants. Legal clarification was requested as to the permanence of outlots and open space. It was moved and seconded (Burgess/Thomas) the Amended Plat and Rezoning, Outlot A and Lot 44, Fall River Estates, be continued, and it passed unanimously with one absent. It was moved and seconded (Thomas/Clark) the Development Plan 99- 08, Block 1, Fall River Estates, be continued, and it passed unanimously with one absent. 4. REPORTS - None 5. ADJOURNMENT There being no further business, Chairman Sager adjourned the meeting at 2:33 p.m. 'TY\thilutk.j 1/24.Lo.1·b:r- Meribeth Wheatley, Record*g Secretary
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RESOLUTION NO. 28-99 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees finds and determines that the Petition filed with the Town Clerk requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleys, and any land owned by the annexing municipality. Such area, if annexed, will be known as "MOCCASIN SADDLE SECOND ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: A TRACT OF LAND LOCATED IN THE SOUTHEAST 14 SECTION OF 25, T5N, R73W OF THE 6™ P.M., LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER 14 CORNER OF SAID SECTION 25 AS MONUMENTED BY A BRASS CAPPED PIPE NO. 6499; WITH ALL BEARINGS BEING RELATIVE TO THE NORTH LINE OF SAID SOUTHEAST 14 CONSIDERED AS BEARING S89°48'05" E; THENCE S89°48'05"E A DISTANCE OF 60.01 FEET; THENCE S00°39'00"E A DISTANCE OF 421.62 FEET; THENCE S29°39'23"W A DISTANCE OF 144.00 FEET; THENCE S04°00'00"E A DISTANCE OF 30.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT A, WHICH IS THE TRUE POINT OF BEGINNING OF THE CENTERLINE OF A 60.0 FOOT WIDE TRACT OF LAND LYING 30.0 FEET ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE: THENCE N86°00'00"E A DISTANCE OF 165.31 FEET; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH A DISTANCE OF 117.20 FEET, SAID CURVE HAS A DELTA ANGLE OF 67°09'08", A RADIUS OF 100.00 FEET, AND A CHORD WHICH BEARS S60°25'26"IE A DISTANCE OF 110.61 FEET; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH A DISTANCE OF 152.11 FEET, SAID CURVE HAS A DELTA ANGLE OF 87°09'08", A RADIUS OF 100.00 FEET, AND A CHORD WHICH BEARS S70°25'26"E A DISTANCE OF 137.86 FEET; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH A DISTANCE OF 101.23 FEET, SAID CURVE HAS A DELTA ANGLE OF 29°00'00", A RADIUS OF 200.00 FEET, AND A
CHORD WHICH BEARS N80°30'00"E A DISTANCE OF 100.15 FEET, THENCE S85°00'00"E A DISTANCE OF 134.08 FEET; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH A DISTANCE OF 200.71 FEET, SAID CURVE HAS A DELTA ANGLE OF 23°00'00", A RADIUS OF 500.00 FEET, AND A CHORD WHICH BEARS $73°30'00" E A DISTANCE OF 199.37 FEET;THENCE S62°00'00"E A DISTANCE OF 69.22 FEET; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH A DISTANCE OF 125.66 FEET, SAID CURVE HAS A DELTA ANGLE OF 36°00'00", A RADIUS OF 200.00 FEET, AND A CHORD WHICH BEARS S80°00'00"E A DISTANCE OF 123.61 FEET; THENCE N82°00'00"E A DISTANCE OF 190.19 FEET; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH A DISTANCE OF 68.69 FEET, SAID CURVE HAS A DELTA ANGLE OF 07°52'15", A RADIUS OF 500.00 FEET, AND A CHORD WHICH BEARS N85°56'07"E A DISTANCE OF 68.63 FEET; THENCE N89°52'15"E A DISTANCE OF 72.37 FEET TO THE EAST LINE OF THE NW 14 OF THE SE 14 OF SAID SECTION 25 AND THE POINT OF TERMINUS OF SAID CENTERLINE OF SAID 60.0 FOOT WIDE TRACT OF LAND. EXCEPT FOR THAT PORTION WHICH CROSSES LOT 1, CRAGS ADDITION TO THE TOWN OF ESTES PARK, AND EXCEPT THAT PORTION WHICH CROSSES LOT 6, ROCK RIDGE ESTATES SUBDIVISION. AND ALSO A TRACT OF LAND WHOSE BOUNDARIES ARE CONTAINED WITHIN THE FOLLOWING DESCRIPTION MORE PARTICULARLY DESCRIBED AS COMMENCING AT AFORMENTIONED POINT A WHICH IS THE TRUE POINT OF BEGINNING: THENCE S04°00'00"E A DISTANCE OF 30.00 FEET; THENCE N86°00'00"E A DISTANCE OF 165.31 FEET; THENCE ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH A DISTANCE OF 76.07 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF LOT 1, CRAGS ADDITION TO THE TOWN OF ESTES PARK, SAID CURVE HAS A DELTA ANGLE OF 62°16'05", A RADIUS OF 70.00 FEET, AND A CHORD WHICH BEARS S62°52'10"E A DISTANCE OF 72.39 FEET; THENCE WEST ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 403.84 FEET; THENCE NORTH A DISTANCE OF 119.73 FEET; THENCE N70°15'00"E A DISTANCE OF 256.68FEET; THENCE S29°39'23"W A DISTANCE OF 144.00 FEET; THENCE S04°00'00"E A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; AND ALSO A TRACT OF LAND LOCATED IN THE SOUTHEAST 14 OF SECTION 25, T5N, R73W OF THE 6™ P.M., LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF LOT 1, CRAGS ADDITION TO THE TOWN OF ESTES PARK, WHICH IS THE TRUE POINT OF BEGINNING, WITH ALL BEARINGS BEING RELATIVE TO THE NORTH LINE OF SAID SOUTHEAST 14 CONSIDER AS BEARING S89°48'05"E; THENCE Sll°10'00"E ALONG THE EAST LINE OF SAID LOT 1 A DISTANCE OF 65.00 FEET; THENCE N39°30'40"W A DISTANCE OF 82.66 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1; THENCE EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. TOTAL AREA = 2.732 ACRES. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-106(3), C.R.S., "Annexation of unincorporated municipally-owned land. "...the governing body may by ordinance annex said area to the municipality without notice and hearing .... " Said ordinance shall be considered by the Town Board on November 9, 1999 at 7:00 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado.
IT IS FURTHER RESOLVED, that the plat of Moccasin Saddle Second Addition be referred to the Planning Commission for their consideration on October 19, 1999. DATED this day of ,19 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk
RESOLUTION NO. 25-99 WHEREAS, on July 23, 1991 the Board of Trustees adopted Ordinance 15-91 pertaining to containment within the C-D District; and WHEREAS, Section 17.16.050 Special C-D District Requirements states that "Municipal uses are exempt from this containment provision, provided that such municipal uses are approved by the Town Board. The Board of Trustees may, by resolution, authorize activities outside of buildings within the C-D district, pursuant to the terms and conditions of such resolution..."; and WHEREAS, the Noon Rotary Club of Estes Park desires to place an attended Salvation Army Kettle at each of two intersections; and WHEREAS, the majority of money collected on the Salvation Army Kettle Drive remains in Estes Park and is dispensed by the Crossroads Ministry, Estes Park Police Dept., and Rocky Mountain National Park to those in need throughout the year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following guidelines be approved for the Salvation Army Kettle Drive being sponsored by the Noon Rotary Club of Estes Park scheduled November 23,24, 26 and 27, and December 22 and 23, 1999: 1. Hours of operation shall be from 10:00 a.m. - 4:00 p.m. 2. Two attended locations shall be designated for collection: > Southwest corner of Riverside Dr. and Elkhorn Ave. > Southeast corner of Moraine Ave. and Elkhorn Ave. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,1999. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk
RESOLUTION NO. 26-99 WHEREAS, Cable Systems, Inc. is the Grantee of a Permit by the Town of Estes Park, Grantor, to own and operate a cable television system in Estes Park, Colorado, as more fully set forth in the Cable Television Permit Agreement dated July 27, 1993 and approved by Resolution 16-93 dated July 27, 1993 of the Town of Estes Park, Colorado (the "Permit Agreement"); and WHEREAS, the stockholder of Grantee has entered into a Purchase Agreement (the "Agreement")with Charter Communications Holding Company, LLC ("Charter"); and WHEREAS, the Agreement provides for the sale of the stock of Grantee to Charter; and WHEREAS, Grantee and Charter filed an FCC Form 394 Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise with Grantor on or about June 28, 1999; and WHEREAS, Grantor has duly conducted a thorough review and investigation into the legal, technical and financial qualifications of Charter to own and operate the cable television system in light ofthe above-referenced FCC Form 394; and WHEREAS, all written comments and staff reports of Grantor have been collected and forwarded to Grantee and Charter by letter dated September 17, 1999 and Grantor has received a response to said letter from Grantee, all of which are made part of the record; and WHEREAS, following review and investigation, Grantor has concluded that Charter has established that it meets the legal, technical and financial criteria to operate the cable television system and has satisfied all criteria set forth in and/or under all applicable local, state and federal laws, rules and regulations, including FCC Form 394. NOW, THEREFORE, BE IT RESOLVED that in consideration ofthe foregoing and the promise set forth herein, the Grantor consents to the transactions contemplated by the Agreement and further resolves as follows:
1. Grantor consents to the transfer to Charter of control of the cable system serving Grantor effective upon the closing of the transactions contemplated by the Agreement; 2. Grantor confirms that (a) the Permit Agreement is valid and outstanding and in full force and effect; (b) there have been no amendments or modifications to the Permit Agreement, except as set forth herein;(c) Grantee is materially in compliance with the provisions o the Permit Agreement; and (d) there are no defaults under the Permit Agreement, or events which, with the giving of notice or passage of time or both, would constitute events of default thereunder. 3. Charter may (a) assign or transfer its assets, including the Permit Agreement provided, however, that such assignment or transfer is to a parent or subsidiary of Charter or another entity under direct or indirect control of Paul Allen (b) restructure debt or change the ownership interests among existing equity participants in Charter, and/or its affiliates; (c) pledge or grant a security interest to any lender(s) of Charter' s assets, including but not limited to the Permit Agreement, or of interests in Charter, for purposes of securing an indebtedness, without obtaining prior consent of Grantor; (d) sell capital stock of Charter , or any of Charter's affiliate companies, in a transaction commonly known as an "initial public offering" so long as at least a majority of the capital stock of Charter remains in the direct or indirect control of Paul Allen. Adopted this day of '1999. Mayor Town Clerk I, Vickie O;Connor, Town Clerk of the Town of Estes Park, Colorado, do hereby certify that the above is a true copy of Resolution # of the Town of Estes Park on file in my office as part of the official records of the Town of Estes Park, Colorado which are in my custody. Vickie O'Connor
I RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE 2000 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law on November 09, 1999; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as set forth in said budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: THAT the following sums are hereby appropriated from the , revenue of each fund, to each fund, for the purposes stated: General Fund: 2000 . Current Operating Expense. ......... $9,432,909 Capital Outlay ............... 601,662 TOTAL GENERAL FUND. ........... $10,034,571
2000 Community Reinvestment Fund: Current Operating Expense. ......... 121,995 Capital outlay ............... 483.300 TOTAL COMMUNITY REINVESTMENT FUND .... 605,295 Museum Fund: Current Operating Expense ......... 151,490 Capital outlay............... 82.000 TOTAL MUSEUM FUND ............ 233,490 CONFERENCE CENTER FUND: Current Operating Expense. ......... 545,855 Capital Outlay ............... 0 TOTAL CONFERENCE CENTER FUND. ...... 545,855 Conservation Trust Fund: Capital Outlay ............... 20,000 Special Events Fund: Current Operating Expense. ......... 569,997 Capital Outlay ............... 76,300 TOTAL SPECIAL EVENTS FUND ........ 646,297 Senior Center: Current Operating Expense. ......... 156,016 Capital Outlay ............... 1,500 TOTAL SENIOR CENTER FUND. ........ 157,516 Larimer County Open Space Fund: Current Operating Expense ......... 198,725 Capital Outlay ............... 0 TOTAL LARIMER COUNTY OPEN SPACE FUND. . . 198,725 Park Entrance Estates - Debt Service: Current Operating Expense. ......... 20,100
2000 Light and Power Fund: Current Operating Expense. ......... 7,913,076 Capital Outlay ............... 3,815.668 TOTAL LIGHT AND POWER FUND. ....... 11,728 ,744 Water Fund: Current Operating Expense. ......... 2,398,053 Capital Outlay ............... 762,600 TOTAL WATER FUND. ............ 3,160,653 Self-Funded Medical Insurance Fund: Current Operating Expense. ......... 230,600 Fleet Maintenance Fund: Current Operating Expense. ......... 201,175 Capital Outlay ............... 30,500 TOTAL FLEET MAINTENANCE FUND. ...... 231,675 Firemen's Pension Fund: Current Pensions .............. 61,250 Policemen's Pension Fund: Current Pensions .............. 2.566 GRAND TOTAL $27,877.337 ADOPTED this 9th day of November, 1999. Mayor ATTEST: Town Clerk
GOALS 1999-2000 PROGRESS REPORT September 1999 Goal lA: To facilitate and provide minimal dollars and support to an assisted living project. • Two meetings have been held with Senior Housing ofEstes Valley representatives. • Potential sites have been mapped on GIS. % Complete = 25% Goal 18: To facilitate, in coordination with the CRA, establishment of seasonal employee housing • JANCO agreement signed, producing housing for approximately 93 low- income residents. % Complete = 50% Goal 1C: To investigate new options in the governance of Housing Authority activities. • Action Team meetings held on 9/27/99 and 10/06/99. • Community Development Director is in the process of collecting new information from various communities. • A proposal from the Loveland Housing Authority is expected by 12/01/99. % Complete = 65% Goal 2A, B: To complete the EVPC draft of the development code by December 1998 and to secure public acceptance and Town Board and Larimer County approval of the development code no later than March 1999. • Public Hearings will be held in October and November. % Complete = 95% Goal 2C: To develop an annexation plan for commercial properties adjacent to the Town limits. • Annexation goals and a timetable have been set • Areas of concentration for possible annexation within 18 months to 2 years are the spur 66 area, the Olympus Lodge area, and all "islands" within Town limits. • GIS mapping ofwater agreements is underway. % Complete = 25% 1
Goal 3A: To develop a public information program. • Identified various audiences • Collected job descriptions • Established team to develop Town's web page • Portions of the web page launched in August • Ballot issues posted on web page % Complete = 33% Goal 3B: To increase trustee outreach. • A live TV call-in show was held on April 8 as a test case. • "Ourfest" was planned and held • Neighborhood meetings will be started in the Fall. % Complete = 67% Goal 3C: To perform the community survey. • To be done in 2000 % Complete = 0% Goal 4A: To initiate an educational campaign on the value of tourism to Estes Park. • Defined message • Identified audience • Comparison criteria established • Comparison communities selected • Researched comparison communities • Budget details (totals, property tax, sales tax, etc.) • Government services • Private sector services • Population % Complete = 55% Goal 4B: To evaluate the Special Events program and modify as necessary for maximum benefit to the economy and our community. • Defined methods of measurement • Evaluated current events and established a priority event list • Created new event criteria • Prepared and distributed surveys to: • Merchants: feedback on event attendees/exhibitors' shopping habits • Exhibitors: feedback on Estes venue (restaurants, lodging, shopping, etc.) % Complete = 70% 2
Goal 5A: To develop an annual recognition program for volunteers. • Defined the scope ofthe program to include who our TOEP volunteers are. • Researched existing volunteer programs, including attendance at a volunteer recognition training seminar. • Critiqued the 1998 volunteer recognition program. • Determined appropriate recognition for volunteers. • Planned 1999 recognition events. • Completed the Volunteer Recognition Month (April) events, including media releases, thank you letters and "key to Estes Park" pins mailed to every volunteer, and appearances at each volunteer committee's April meeting by the mayor and/or trustees, bringing brownies. • Planned a volunteer recognition reception for December 8, 1999 at the Stanley Hotel. % Complete = 80% Goal 5B: To continue a financial commitment to community service organizations and activities. • A Community Services Funding Application form for 2000 has been developed and sent to all past applicants. • Selection of successful applicants will take place during the budget process. % Complete = 50% Goal 6A: To expand and improve the hike and bike trail system. • EVRPD and Stan Gengler have assembled a Trails Committee. • Bob Joseph and Bill Linnane are on the Trails Committee, which meets every third Wednesday ofthe month. The Committee is focusing heavily on the Lake Trail and the Homer Rouse trail. • Stan is currently putting a GOCO grant together to fund the upgrade ofthe Rouse trail to be used 12 months ofthe year. Drainage and road base material and grading are the major components ofthe proposed upgrade. % Complete = 50% Goal 6B: To initiate the West Bypass project. • Van Horn Engineering is currently 50% complete with the Feasibility Study. They are researching alternatives for the location and preparing Cost Estimates for each. The cost estimate will be used for future budget requests. • The project did not fare well in CDOT's 20 year Transportation Plan, as it was ranked 51 out of 59 projects. This was due to their policy not to increase the number of miles ofhighway and fund only existing roadway projects. It would be accurate to say that we should not expect CDOT to fund this project. % Complete = 10% 3
Goal 6C: To evaluate transit options. • Action Team has met as needed. • RMNP is proceeding with transportation plan for the Park. Due to timing of funding, their project could not be combined with the broader Estes Valley planning project. • Transportation Planning grant for the Estes Valley is pending. • This goal is closely tied to the funding, which has been applied for. • Percent complete: 100%, up to the point of starting the actual transportation plan. % Complete = 100% Goal 7A: To secure a new tenant for the Municipal Building. • No concentrated activity. % Complete = 0% Goal 7B: To implement the Highway 36 "Gateway Improvement" plan. • No concentrated activity. % Complete = 0% Goal 7C: To facilitate development of a large screen cinema project. • The Mountain Discovery concept has been developed which is a public/private partnership to develop the Highway 36 and Highway 34 gateway to its highest potential. In addition to parking, improved circulation and other public improvements, a large screen theater will be a key component ofthe development. • Informational open houses are being conducted up until the November 2, 1999 election, at which time the voters will consider the project as a referred measure. % Complete: Concept development, 100% Project as a whole, 30% Goal 7D: To evaluate relocation of the Post Office. • No concentrated activity. % Complete = 0% Goal 7E: To explore the West Elkhorn pedestrian mall options. • Survey has been authorized and is in progress. Upon completion, alternatives will be developed and options considered. % Complete =15% Goal 8: To prepare a benefit analysis of Home Rule v. Statutory Governance. • The team researched CML publications and the experiences of other cities. • The team recommends monitoring the status ofHome Rule statewide but not proceeding further at this time. % Complete = 100% 4