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HomeMy WebLinkAboutPACKET Town Board 2000-08-22Prepared 8/17/00 The Mission of the Town of Estes Park is to plan and provide reliable, high- value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, August 22,2000 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT CALENDAR: 1. Town Board Minutes dated August 8,2000. 2. Bills. 3. Committee Minutes: A. Light & Power, August 13, 2000, Approval of: 1. Departmental Policy & Procedure Manual - Approval of Revisions to Maximum Size for Standard Single-Phase Service, disconnecUReconnect Charge for Large Service Users, and Sort-term Rental Deposit Policy. 2. Fall River Hydro Plant Restoration Project - Approval of Interpretive Exhibit Contract - The Resource Center, $110,000. B. Public Works, August 17,2000, Approval of: 1. Water Dept. Financial Plan, Water Rights Fee Formula, Water Tap Fee Sale Policy, and Revision to Policy/Procedure Manual. 2. Change Orders for Mall Road Trail, $16,755. 3. Water Dept. Equipment, Total of $18,400. 4. Street Overlay Project - Coulson Excavating Bid of $175,587.50. 4. Estes Park Housing Authority Meeting, July 12, 2000 (acknowledgement only). 5. Doug & Linda Cook Agreement, Lot 2B, Fall River Estates (easement). 6. Policy Directive 1-00 - Revision to Town Board Agenda submittal deadline. 1 Continued on reverse side t 2. ACTION ITEMS: 1. TOWN BOARD GOALS FOR 2000-2002 - SUBMITTAL OF ACTION PLANS FOR IMPLEMENTATION OF ESTABLISHED GOALS. 2. PERMANENT COMMUNITY REINVESTMENT FUND - APPROVAL OF REFERRED MEASURE (Ballot Question) FOR NOVEMBER 7, 2000 ELECTION - APPROVAL OF BALLOT TITLE. 3. INTERNET ACCESS TASK FORCE - APPOINTMENT. 4. ADJOURN. 2 Town of Estes Park, Larimer County, Colorado, August 8,2000 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 8th day of August, 2000. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Stephen W. Gillette David Habecker Lori Jeffrey G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Jeff Barker, Trustee Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT Bill Van Horn commented on the "hazard criteria" contained in the EVDC and questioned "whether the Town should be getting involved in mitigation efforts: TOWN BOARD COMMENTS None. 1. CONSENT CALENDAR: 1. Town Board Minutes dated July 25,2000. 2. Bills. 3. Committee Minutes: A Community Development, July 27,2000: 1. Street Closure - Longs Peak Scottish Festival 2. Hallett House Roof Replacement Contract - Approval. 4. Estes Valley Planning Commission, July 18, 2000 (acknowledgement only). 5. Estes Valley Board of Adjustment, July 11 & August 1, 2000 (acknowledgement only). 6. Final Plat Of Apache Acres Subdivision, Don Darling, Stan & Joanne Olson/Applicants - Continue to September 12,2000. 7. Amended Plat of Lot 2, and a Portion ff Lot 3, Rock Ridge Estates, Scott Pope/Applicant - Remove from agenda, to be considered at a later date. It was moved and seconded (Newsom/Doylen) the consent calendar be approved, and it passed unanimously. Board of Trustees - August 8,2000 - Page 2 2. ACTION ITEMS: 1. STIPULATION AGREEMENT - SAFEWAY STORES 46,INC. Deputy Police Chief Filsinger reported Safeway has pled guilty to the violation (sale to an underage person), thus staff has executed a Stipulation Agreement. The Agreement specifies a suspension of 50 consecutive days (20 days held in abeyance form the Stipulation Agreement dated 8/24/99, and 30 additional das from the violation that occurred 7/1/00). Said suspension of the Licensee's 3.2% Retail Beer License to take place from 12:01 a.m. Sunday, August 20,2000 through 11:59 p.m., Sunday, October 8, 2000. Mr. H. Alan Dill, Attorney representing Safeway Stores 46, Inc., confirmed that the Stipulation Agreement had been reviewed and executed, that the employee involved in the illegal sale was from a Greeley Store, and that Mgr. Sears impressed the seriousness of liquor violations in Estes Park to this employee. The employee has since been suspended for two weeks without pay. Mr. Dill tendered his apologies and requested the Town Board approve the Stipulation Agreement. It was moved and seconded (Doylen/Gillette) the Stipulation Agreement be approved and that the Authority orders the 3.2% Retail Beer License issued to Safeway Stores 46, Inc., dba SAFEWAY STORE NO. 920, License No. 21-70664-0038 be and hereby is suspended for a period of 50 consecutive days. Said suspension to take place from 12:01 a.m. Sunday, August 20,2000 through 11:59 p.m., Sunday, October 8, 2000, and it passed unanimously. 2. PUBLIC HEARING: AMENDED PLAT OF LOTS 42,43 & 46, FALL RIVER ADDITION, C. F. HIX, JR. TRUST, ALMA & C. FRANK HIX, JR./APPLICANT: Mayor Baudek opened the Public Hearing, and Sr. Planner Joseph presented the staff report: This is a boundary adjustment between three existing lots. Lot 46A is greatly reduced in size and includes designation of a building envelope for a new single-family residence. The other two lots: 42A and 43A each have existing residences, one that accesses from a private drive off Big Horn Dr., and the other that accesses directly from the Hwy. 34 Bypass. No further development is now proposed, and no further development would be possible until such time as a new subdivision proposal is submitted. The proposed lots meet all applicable lot area and dimensional standards, however, approval of this plat requires the granting of an exception from the private drive standard that limits the number of homes allowed on a private drive. The reconfiguration of Lot 46A requires access from the east across the existing private drive off of Big Horn Dr. The proposed Lot 46A also contains both wildfire hazard and rock hazard that will require some mitigation, and if approved, a note be recorded on the plat for any future property owner. The Lot 46A building envelope is in a wildfire hazard and this would also require a note on the plat. Town Attorney White has reviewed the existing access documents. Staff noted that the Planning Commission motion to conditionally approve the Amended Plat failed on a vote of 2 in favor, and 3 opposed. Staff reviewed the "findings" that should accompany any motion to approve the amended plat. Fire Chief Dorman expressed concern with the narrowness of the drive and the necessity for turn-around movements for emergency vehicles; therefore, the Applicant has offered to provide sufficient property and will construct a turn-around for emergency vehicles - staff desires the turn-around be included as a condition of approval. Planner Joseph confirmed that, if approved, a total of seven residences would access the private drive; the code allows 4 residences. Board of Trustees - August 8,2000 - Page 3 Mayor Baudek reviewed procedure that would be followed, and asked that only relevant testimony be presented; repetition does not lend more weight to the testimony. Public testimony in favor of the Plat was heard from the Applicant, Frank Hix. Mr. Hix resides on Lot 43, and Lots 42 and 46 are in a trust created by his mother, Elsie Hix for the benefit of his three daughters. Mr. Hix' goal is to reconfigure the three lots so that they are most marketable and he can liquidate the real estate holdings of the Trust at this time and provide a conservation easement. Said easement would be provided from the Applicant's 38-ac. parcel north of this proposed site. Applicant's representative Bill Van Horn clarified that the Applicant was proposing a boundary line adjustment, not a subdivision. As such, a property owner is required to follow the amended plat procedure; Lot 46 exists today and always has been a legal tract of land with access since 1949; the owner could at any time have obtained a building permit. The Code Geologic Hazard Map (Robinson) as well as two additional professional geologists have prepared their interpretation of the rock and wildfire hazards and the Applicant will follow any one of three, however, conformance must also be required of the neighbors. The former Estes Park Planning Commission did vote in favor of granting this exception. However, with multiple delays, this proposal was then considered by the Estes Valley Planning Commission; this Commission forwarded a vote of 2/3 in favor, thus a favorable recommendation was not endorsed. The Applicant is willing to add notes to the plat regarding rock and wildfire hazards. Public testimony in opposition to the Plat was heard from adjacent property owners Don and Barbara Widrig, John Phipps, Georgia Bihr. In summary, a Power Point illustration (a hard copy of this presentation is on file and made a record of these proceedings by reference thereto) was presented as well as a petition containing 19 signatures of neighborhood residents. Comments were made regarding access--private driveway (the Code limits private driveways to 4 residences), geologic hazard, the EVPC voted against the proposal; driveway grades exceed Code standards, potential flood disaster from an existing, unapproved driveway on proposed Lot 46A, and their collective opinion and interpretation of the Code that the proposal is indeed a minor subdivision, not a boundary line adjustment. Trustee comments/questions included the rock fall and wildfire hazards when does the Code state mitigation efforts should be presented and to whom. Staff confirmed that a mitigation plan should be completed so as to enable the Town Board to have a sense of what mitigation would involve. Staff also confirmed the proposal is a boundary line adjustment; and Mr. Van Horn noted he has performed drainage calculations and the culverts in the existing drive on Lot 46A will carry six times the 100-yr. flood. Rebuttal comments were heard from Don Widrig who clarified that the Code recognizes the State Geologic Survey, and that particular survey should apply; the proposal does not comply to the Code, read Attorney Casey's letter pertaining to Lot 46A, and notes on plats may cause future owners to inherit significant geologic and wildfire mitigation issues. There being no further testimony, Mayor Baudek closed the Public Hearing. Staff responded and/or confirmed the following: the Applicant's proposal does meet Code; certain "findings" must be identified by the Board of Trustees should they desire to approve the plat; if approved, the Town Board must also identify findings» to allow access for seven residences in lieu of the Code-required 4; testimony regarding the use of Wonderview Dr. by CDOT cannot be confirmed at this time; notes on plats are the only way to pass Board of Trustees - August 8,2000 - Page 4 information onto new buyers and have an official record; the Applicant has access by virtue of a right-of-way not an easement; and the Applicant owns a triangular portion of land and is willing, at his own expense, to use said property for a turn-around for emergency vehicles. If approved, Lot 46A may be large enough to qualify for an accessory dwelling unit. The possibility of an accessory dwelling unit could possibly remain unless it is specifically prohibited as part of a motion for approval. Mayor Baudek declared a five-minute recess at 9:35 p.m. Mayor Baudek reconvened the meeting at 9:39 p.m. Concluding all discussion, it was moved and seconded (Habecker/Newsom) the Amended Plat of Lots 42,43 & 46, Fall River Addition be approved: the Town Board does find that approval of the boundary line adjustment will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code, the Town Board does find that the private drive exception allowing more than four dwellings on a private drive will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code, the Town Board does find the lot meets other requirements of the Code, and stipulations are: • A note be added to the plat stating "The building envelope on Lot 46A lies within a High Wildfire Hazard area." • A wildfire mitigation plan shall be reviewed and approved by the Larimer County Wildfire Safety Coordinator prior to issuance of a building permit or certificate of occupancy. • The Town Board acknowledges the Robinson (accepted Geologic Hazard Map) Plan that states the building envelope lies outside both the rock fall area and such is acceptable. • The Applicant is to provide a turn-around for emergency vehicles. • A separate document, identifying all notes on the plat, be prepared, executed, and recorded with the Final Plat. The motion passed by the following votes: Those voting :'Yes" Trustees Habecker, Jeffrey and Newsom. Those voting "No" Trustees Doylen and Gillette. Mayor Baudek expressed his appreciation to the audience for their participation. 3. PUBLIC HEARING: FINAL PLAT OF CHEROKEE MEADOWS SUBDIVISION, SECOND FILING, RONALD J. GORDON/APPLICANT. Mayor Baudek opened the Public Hearing, and Sr. Planner Joseph presented the staff report: This second filing plat will create nine new El-Estate single- family lots, each approximately one acre in size. The plat is consistent with the approved preliminary plat for this subdivision and will extend public street improvements to the east along Pawnee Dr. that will eventually connect to Hwy. 7 through the adjacent Pawnee Meadow Subdivision. The Pawnee Ln. cul-de-sac serving these new lots will eventually be terminated at the Apache Acres Sub. yet to be approved as a final plat, and the cul-de-sac will eventually serve the maximum of 12 homes. The Planning Commission has approved the preliminary plat for this subdivision, and this second filing is Board of Trustees - August 8,2000 - Page 5 consistent with that approval. All staff conditions for approval have been met, and staff has reviewed final construction drawings. Public Testimony was heard from: Ross Stephen/Applicant's representative, who stated all standards and requirements of the Town and staff have been met. Concluding all testimony, Mayor Baudek closed the Public Hearing. It was moved and seconded (Doylen/Gillette) Cherokee Meadows Subdivision, Second Filing, be approved, and it passed unanimously. 4. UPLANDS ANNEXATION AGREEMENT, ADDENDUM - ATTACHMENT OF SUBDIVISION COVENANTS - APPROVAL. Town Attorney White reviewed a memo dated August 2, 2000 prepared by Community Development Dr. Stamey advising that the Town and the Uplands entered into an Annexation Memorandum of Understanding (MOU) on April 25,2000. Two paragraphs of the MOU relate to the Uplands P.U.D. Covenants: "3. Association Management. Upon annexation, the Association will continue to manage the area in accordance with the covenants and existing P.U.D. Agreement. The Assn. shall retain title to and control of the platted outlots in the property. 4. P.U.D. Agreement. The existing P.U.D. Agreement for the property with Larimer County shall remain in force and effect as it relates to the property. Any future land use changes, amendments and/or applications will be reviewed under the then current land use review and regulation procedures of the Town. Nothing in this Agreement shall affect the ability of the Assn. to maintain and enforce all covenants affecting the property." In addition, the covenants provide for a 40' building height, and the EVDC provides for a maximum building height of 30'. Staff met with the Uplands Homeowners Assn. and staffs recommendation is that: (1) the 40' building height within the Uplands P.U.D. be specifically allowed; and (2) the status of Article XI, 1, Section C be clarified by adding the following to the MOU: Guest house (accessory dwelling) shall be allowed only on Lot 42 and shall conform with the provisions of the EVDC. Stacy Patterson, PresidenUUplands Homeowners Assn., confirmed that the reason the accessory dwelling would be allowed on Lot 42 (which is not yet developed) is because this lot contains 21 acres. Currently, there are 10 lots still undeveloped. Reasoning for the 40' height limit is due to the slope. An Architectural Review Committee determines the building height from the building site plan; no one has approached the 40' height limit thus far. Additionally, a condition of the MOU was that the Uplands P.U.D. would be recognized. Town Attornpy White advised that the 30' height applies not only to property inside Town limits, but County properties as well. This uniform height limit came into effect when the Estes Valley Development Code was adopted by both Larimer County and the Town. Attorney White added that the accessory dwelling issue can be resolved with the Uplands covenants; there is no need for the Town Board to rule on this item. Following additional discussion/clarification, it was moved and seconded (Gillette/Newsom) the request for a 40' building height within the Uplands P.U.D. be denied, and it passed with Trustee Habecker abstaining. Mr. Patterson stated that as this denial changes the conditions of MOU, he requested the Annexation Petitions be returned as the property owners will Board of Trustees - August 8,2000 - Page 6 re-vote. Town Attorney White will clarify the height decision in a letter to the Uplands residents 5. INTERGOVERNMENTAL AGREEMENT (IGA) WITH LARIMER COUNTY FOR INCLUSION OF BALLOT QUESTION ON NOVEMBER 7, 2000 GENERAL ELECTION - APPROVAL. Clerk O'Connor requested approval of this IGA with Larimer County that allows the Town to place a ballot question on the November 7th ballot. The Town will pay its pro rata share of election expenses based on the number of registered electors and the TABOR factor. Should the Town elect not to place an issue on the November 7th ballot, the IGA would be null and void. It was moved and seconded (Newsom/Doylen) the IGA between Larimer County and the Town be approved, and it passed unanimously. Town Administrator Widmer acknowledged correspondence from the Library expressing their appreciation to affected Town workers for helping with the Annual Book Sale. There being no further business, Mayor Baudek adjourned the meeting at 10:27 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, August 10, 2000 Minutes of a Regular meeting of the LIGHT & POWER COMMITTEE 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 August, 2000. Committee: Chairman Jeffrey, Trustees Habecker and Newsom Attending: Chairman Jeffrey and Trustee Newsom Also Attending: Town Administrator Widmer, Light & Power Director Matzke, Clerk O'Connor Absent Trustee Habecker Chairman Jeffrey called the meeting to order at 8:00 a.m. CHARTER COMMUNICATIONS - SYSTEM UPDATE. Ruben Blackmon, General Manager/Charter Communications, was welcomed to the Committee and he updated the Committee on the cable system: Charter is restructuring for better service where 8 systems have been consolidated; the general mgr.'s entire focus is to improve service; upgrade construction should be completed within 6 weeks; working on correcting pole violations with regard to Town regulations; and they have hired 3 techs (Estes Park) and 2 office personnel (2 techs are on-call evenings and weekends). Plans include renovating the building, screening materials and becoming an asset and part of the community by helping supporting community events. With the planned installation of a "fiber backbone", a clear signal should be available that should eliminate maintenance problems. Past cable system owners have made promises and not followed through, however, Mr. Blackmon urged citizens to call the office with service questions/problems as these issues will be resolved. Mr. Blackmon responded to the following: the primary reason the cable system goes off the air is due to the age of the system, thus Charter is upgrading the entire system. Design has been completed on the fiber system, the fiber ordered ($300,000), and it should be delivered this winter. High-speed internet access is currently being provided and tested.' The joint-use Agreement will be honored, particularly concerning underground installations and pole clearances. Charter will provide a copy of the fiber design to Director Matzke. Town Administrator Widmer commented that the Franchise Agreement requires community programming and the signal quality from the Board Rm. is unsatisfactory; Charter was encouraged to continue working on this problem until it is resolved. Also, a public access channel is a legal requirement. Glen Smith, Tech/Charter Comm. reported that Channel 39 is available for public access, and he urged the community to contact Charter at 577-0199. Public comments were heard from Sue Baptista/Miles Cottages, who stated she was extremely dissatisfied with the cable service due to the miss-handling of their out-of- service reports and the negative impact to their motel business. Gary Briggs, resident, added that Charter has an internal communications problem. Nick Molle'/Channel 8, stated that Charter has dramatically improved the system, and that piracy introduces myriad problems into the system of which Charter may be unaware of until they receive a service call and are able to identify the source. Concluding all discussion, Chairman Jeffrey expressed the Committee's appreciation to BRADFORD MILISHING Co. RECORD OF PROCEEDINGS Light & Power Committee - August 10, 2000 - Page 2 all in attendance, and requested Mr. Blackmon give Director Matzke a report on the Miles Cottages incident. The Committee also requested Ms. Baptista advise the Committee at their next meeting. DEPARTMENT POLICY & PROCEDURE MANUAL- PROPOSED REVISIONS. Maximum Size for Standard Single-Phase Service. The existing standard has no maximum size for various types of electric service. Good engineering practice would be to limit the size of some types of service and transition to a more appropriate service for larger electrical loads where available. DisconnecUReconnect Charge for Large Service Users. The current combined disconnect/reconnect charge is $60.00. Staff is proposing that disconnects for large electric service users that require construction in addition to removal of the meter include a time and material charge. Short-term Rental Deposit Policy. Staff is proposing that the owner of the property be required to provide a commercial deposit equal to the usage from June, July and August, with a minimum amount of $150.00. This change provides a rhore lenient deposit calculation for short-term rentals that generally occur during the summer season. The Committee recommends approval of all three Policy revisions as presented. FALL RIVER HYDRO PLANT RESTORATION PROJECT - APPROVAL OF INTERPRETIVE EXHIBIT CONTRACT. Assistant Mangelsen reported that the contractor began restoration 5 weeks ago, the project is on-schedule, proceeding well. Work has also started on the employee housing building. Chad Devore/Resource Connection has submitted a proposal to design and furnish the interpretive exhibits for the Fall River Hydro Power Plant Museum. The cost is $110,000. The Resource Connection is recommending that $28,000 be funded in 2000 to allow completion of design and ordering materials. The anticipated budget for interpretation was $125,000, and approval of this contract would necessitate the 2000 Fall River budget be increased by $30,000 to $430,000 to provide funding of $28,000 this year. The Committee recommends the exhibit contract be awarded to The Resource Connection for an estimated cost of $110,000, and that the 2000 Budget be amended during the mid-year corrections to include $30,000 for this contract. Museum Director Kilsdonk reported on a recent brainstorming session where education and preservation were the focus. Current issues, a Mission Statement and Goals for the plant should be drafted and presented at the next meeting. PRPA will sponsor the publication of a booklet for plant. Staff will write the booklet and PRPA will produce it, etc., with proceeds aimed for support of the plant. The Project Team is actively looking for sponsors of programs and the like. Along with Larry Gamble/RMNP, the Team is also investigating the possibility of establishing a foot trail from the plant to the new Fall River Visitors Center. The Fall River Visitors Center is willing to display the booklet, and cross-promotional program will be established. The Committee commended the Project Team. Ass't Mangelsen also briefed the Committee on the Olvmpus Hydro education lab being proposed by Richard Smart. Dr. Smart is pursing a grant and Mayor Baudek has executed a letter of support. Should the grant be approved, Dr. Smart intends to have CSU and CO School of Mines students work on the design. This plant could supply BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Light & Power Committee - August 10, 2000 - Page 3 approximately 10 residences with power. REPORTS. The Platte River Power Authority (PRPA) experienced their best operating month in its history, and the Rawhide Plant is performing outstandingly well. PRPA recently approved Loveland's Boyd Substation Project, supporting a slightly higher expenditure of $3.3 Million for an alternate route including additional underground transmission line suggested during public meetings. A Rawhide outage is planned 10/13 through mid- November to conduct preventative maintenance. The July Financial Report was unavailable, however, graphs were reviewed. Project Updates. When the cable for underground electric services on Mall Road has been completed, the overhead lines will be removed. The Contractor has started work on the old substation and the transmission lines should be removed within two weeks. The EVRPD has been advised of the necessity to close the Lake Estes Bike Path for approximately a week. Pursuant to a request, Staff is investigating the lighting of the Samson Statue. There being no further business, Chairman Jeffrey adjourned the meeting at 9:25 a.m. <Rf-Leu O - @huo Vickie O'Connor, CMC, Town Clerk BAADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, August 17, 2000 Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 17th day of August, 2000. Committee: Chairman Barker, Trustees Doylen and Gillette Attending: Chairman Barker and Trustee Doylen Also Attending: Town Administrator Widmer, Public Works Director Linnane, Water Supt. Goehring, Manager Sievers, Town Clerk O'Connor Absent Trustee Gillette Chairman Barker called the meeting to order at 8:00 a.m. WATER DEPT. FINANCIAL PLAN AND WATER RIGHTS FEE STUDY PRESENTATION AND REQUEST APPROVAL. Director Linnane gave an overview of the following project, explained methodology utilized, and introduced John Gallagher/Black & Veatch. Financial Plan. Mr. Gallagher commented that pursuant to previous Town studies, the Water Fund is sound, however, to meet future expenses and annual capital improvements, a minor increase in water rates should be implemented. The Water Dept. Financial Plan contains four options. All four options were reviewed and the following option was preferred: Transfer monies through 2005 from the Water Rights Reserve Fund to the Water Operations Fund and raise water rates a cumulative increase of 15.5% by the year 2005. The average consumer increase would be $2.50*/month in 2005. Director Linnane reviewed and clarified the Town's intent regarding the purchase of water rights, and the Committee reviewed the options and various combinations thereof. Water Rights Fee Studv. Mr. Gallagher explained the innovative formula (based on four items described in Director Linnane's memo dated August 140) being presented for consideration. In summary, Black and Veatch and staff are recommending: (1) based on the study, the year 2000 water rights fee formula be adopted as follows - Water Rights Fee = 0.45 x 0.094 x (15,000 x 2) + 13,790) = $1,852; and (2) no change to the current water rights fee of $2,000, with periodic review of said fee and adjusting if warranted by the water rights market. Water Tap Fee Sale Policy. Currently, a water tap fee may be purchased on the condition that it is installed within 12 months. Staff contacted neighboring agencies to discuss their policy, and staff is prosing the Town adopt a policy whereby water taps will only be sold with a building permit application. Policy/Procedure Manual - Revisions. Director Linnane requested the Water Rights Cost Formula and Water Tap Fee Sale Policy, as described above, be added to the Public Works Dept. Policy/Procedure Manual. , BRADFOI~OPUBLISHING.0. RECORD OF PROCEEDINGS Public Works Committee - August 17, 2000 - Page 2 Following discussion, the Committee recommends: (1) approval of the Financial Plan, with Black & Veatch to perform a Cost of Service Analysis in 2001 and in that analysis, take into consideration increasing the Capital Improvements Program between $350,000 and $790,000 between 2002 and 2005, plus a 15.5% cumulative increase spread over 4/5 years that would result in small annual increases, returning to the Committee in 2001 with information from said analysis; (2) adopting the Water Rights Fee Formula; (3) no change to the current $2,000 water rights fee, with periodic review and amendment if the market warrants change; (4) adopting a Water Tap Sale Policy; and (5) amending the Public Works Dept. Policy/Procedure Manual to include recommendations (2) and (4) above. MALL ROAD TRAIL - APPROVAL OF CHANGE ORDERS. To date, approved change order estimates for this project total $37,088. Staff has received the following additional change order estimates and explained the necessity of each: 1. Additional $1,080 for underground electric services 2. Additional $14,150 for traffic control 3. Additional $1,525 for soil testing The original budget amount was $246,000, and with these change orders ($16,755), the amended budget cost estimate is $225,412. The Committee recommends approval of all three change orders as presented. WATER DEPT. BUDGETED EQUIPMENT - REQUEST APPROVAL TO PURCHASE. Water quality monitoring and bulk chemical storage equipment was budgeted and staff is recommending approval of the following: Turbidity Analyzer $ 1,800 Chlorine Analyzer 2,500 Total $ 4,300 Total Budgeted $ 5,000 Bulk tanks for Glacier & Mary Lake Plants $ 5,700 Elevated Stands 4,900 Spill liner & misc. plumbing 3,500 Total $14,100 Total Budgeted $15,000 The Committee recommends approval of the above-described, budgeted items. WATER DEPT. ANNUAL WATER LINE REPLACEMENT PROJECT - REQUEST APPROVAL TO BID PROJECT. The Water Dept. budgeted replacement of the Fall River Estates, James St. and MacGregor Ave., and Boyd Ln. and Wonderview Ave. interconnection lines. All lines are on the Priority #1 Replacement List. Additionally, the Dept. budgeted for the annual fire hydrant extension project and the Crystal Tank Building upgrade. The budget estimate for all five projects is $525,000. The Committee recommends staff be authorized to bid all five projects as listed above. DRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee - August 17, 2000 - Page 3 ANNUAL STREET OVERLAY PROJECT - REQUEST APPROVAL OF LOW BID. Manager Sievers reported that the annual project was bid in June, and four firms responded: Aggregate Industries $191,595.45 Connell Resources $184,182.00 Lafarge $177,572.25 Coulson Excavating $175,587.50 The Budget contains $170,258.42* for this street improvement project. The Committee recommends awarding the bid to Coulson Excavating, reducing the project quantity to remain within the established budget. Citizens were encouraged to meet with Manager Sievers with any questions, concerns, or comments on the Town's annual street overlay project. REPORTS. At Director Linnane's request, Larry Haas/CDOT was in attendance to brief the Committee on recent changes to speed limits on three areas on Highway 7 south. In summary, CDOT responded to a citizen's letter writing campaign (Jon VerShuur), and CDOT conducted a speed study. CDOT found changes were warranted, thus new speed zones were established. Pursuant to these events, Mr. Haas has established a regional policy on how CDOT will react to individual concerns. CDOT will: talk to the individual and discuss their concern; advise the Town of the situation and if the Town so desires, the Town will submit an official written request; CDOT will then perform a speed study; the Town will be advised of the study's findings; and then CDOT will put the new speed zones in place. The Committee expressed their appreciation to Mr. Haas for his report, praised the new policy, and requested he verify the results of the speed study, forwarding the information to Director Linnane. Staff reported on a conversation with Jeff Manual, ISTEA Project Mgr./CDOT, where he advised funds may be available for a Town project. Staff remitted a grant application for the Fish Creek connection to the Lake Estes Trail ($150,000). The project could connect the Lake Estes trail along the south portion of the lake to the school. There being no further business, Chairman Barker adjourned the meeting at 9:45 a.m. eflu_,O-ij Vickie O'Connor, CMC, Town Clerk Estes Park Housing Authority (EPHA) Board Meeting I)ate: July 12, 2000 Members Present: Eric Blackhurst, Sue Doylen, and Lee Kundtz Members Absent: Louise Olson, and Karla Poner Staff Present: Sam Betters, and Carolyn Coffelt Others Present: Steve Stamey The July 12 meeting of the Estes Park Housing Authority was called to order by Sue Doylen at 8:35 a.m. in the Municipal Building Board Room of the Town of Estes Park. APPROVAL OF MINUTES Sue Doylen asked if anyone had any changes to the June minutes. There being no changes noted by the Board members present, the minutes were approved. UPDATE ON CHANGES TO THE BYLAWS Sam Betters has not heard from Greg White, Attorney for the Town of Estes Park, as to the status of the Bylaws. Sue Doylen offered to call Mr. White. COMMITTEE REPORTS REGULATORY To date, have not met. LAND To date, have not met. Note: A meeting was scheduled in Executive Session for Thursday, August 3 at 10:30 a.m. PROGRAM & FINANCIAL Originally this was Karla Porter and Candace Mayo. Candace has since resigned from staff of the Housing Authority of the City of Loveland. EDUCATION & SUPPORT Developed "Talking Points" to present to the public. Scheduling appointments with various groups. A presentation will be given to the Estes Valley Community Services Coalition 1St Wednesday in August. Lee Kundtz has a list of various groups to meet with. Board members are encouraged to sign up to do the presentations. Sue Doylen will coordinate getting on the Town of Estes Park Agenda. Louise Olson and Lee Kundtz will do the presentation. Eric Blackhurst will schedule with the Board of Realtors. There may be presentations in which staff will be requested to attend i.e. Rotary, League of Women Voters, etc. DEVELOPMENT & A meeting was held with a few members of the Board, the RETENTION Hefley group, and hospital staff to discuss an apartment complex which is potentially up for sale. The hospital is interested in employer housing options. Further discussion on this subject was reserved for Executive Session. EPHA July Board Minutes - Page 1 of 1 REPORTS & OTHER MISCELLANEOUS ITEMS Presentation by Ernie Lewis Ernie Lewis attended the Board meeting as a public member. He circulated a proposal on growth limitation and concentration in Estes Park. In talking to several Board members, he was encouraged to address the Board as there may be an opportunity for a group to be formed to support the housing authority in educating the community as broad based community support is needed. The Board indicated their awareness of how critical the benefits of community involvement in future discussions will be. The housing authority will need advocates for this public process, but presently we are not at the stage to formalize this. Mr. Lewis was thanked for his efforts, and was encouraged to attend these Board meetings to be included in discussions. Update on Applicant for Estes Park Staff Position Ads were placed in the Estes Park Trail Gazette, Reporter Herald, and the Denver Post for the part-time Housing Development Manager in Estes Park. Sam Betters received 21 applicants in which he picked eight to interview this week. Of the eight, three are residents of Estes Park. Town of Estes Park In a meeting this morning, the Town Board appointed a housing sub-committee to support the goals of the Estes Park Housing Authority. The Town Board is currently working on the budget which is a two year cycle. The housing authority needs to be proactive and submit any budget requests to support Estes Park Housing Authorities' effons. Steve Stamey will get the budget calendar to Sam Betters. ADJOURN Sue Doylen entertained the motion to adjourn the Board meeting at 9:10 a.m. to go into Executive Session. Eric Blackhurst made the motion, and Lee Kundtz seconded. Adjourned. Respectfully submitted, Carolyn J. Coffelt Assistant to the HACOL Director EPHA July Board Minutes - Page 2 of 2 RELEASE AND INDEMNITY AGREEMENT This Agreement, made this day of_ ,2000, among the Upper Thompson Sanitation District, a Special District organized and existing under the laws ofthe State of Colorado, hereinafter referred to as "District" Douglas and Linda Cook. hereinafter collectively referred to as "Cook", the Town of Estes Park, a Colorado municipal corporation, hereinafter referred to as "Town", Cable Systems, Inc., hereinafter referred to as "Cable" and U.S. West, hereinafter referred to as "West", is made upon the f611owing terms and conditions: The following statements of fact are a material part of this Agreement A. Cooks are the owners of the property described as Lot 28, replat ofLots 1 and 2 in Block 3 of the replats of Lots 1 and 2, Block 3, Fall River Estates, located NWY. of Section 22, Township 5 Nonh, Range 73 West of the 6th pim., Larimer County, Colorado. B. Cooks' predecessor in title granted an easement to the District for the purposes of constructing, maintaining, operating, repairing, replacing, relocating and generally using the same for the transmission of sewage on, over and through the property described therein, which easement was filed forrecordon June 5,1974 in the office ofthe Larimer County Clerk and Recorder in Book 1604 at page 492, Reception No. 89921. C. The property description in said easement grant described the property prior to the replatting, but that the easement does pass on, over and through the property now owned by Cooks. D. That Cooks, as part of the development process, allowed and permitted West, Cable and the Town (water and electricity) to install utilities within the easement premises described in the grant to the District, all ofwhich was done without the permission or consent of the District. E That the District has taken the position that its rights under the easement grant are superior to any rights granted to West, Cable or the Town to install utilities. F. The parties have agreed on the use ofthe easement premises and to the relative rights of all of the parties therein. NOW, THEREFORE, in consideration ofthe mutual promises and covenants herein contained, the parties agree as follows: 1. That all of the parties hereto acknowledge that the District has prior rights to operate, maintain, replace, relocate and repair the sewer line presently located in the easement premises under and pursuant to the grant of easement attached hereto and incorporated herein by this reference and marked as Exhibit "A". Parties further acknowledge that the rights ofthe District under that of grant are superior to the rights of the other parties hereto relating to their installation of lines, conduits, cables, wires, pipes or other distribution, appliances or apparatus within easement premises. 2. The parties further agree that the District shall have the right, in its sole judgment, to determine if and when it is necessary to repair, replace or relocate the existing sewer line, and the District shall have the right to do so without the necessity o f obtaining any permission or approval from any of the other parties to this Agreement. In addition the District shall have the right: a Except as provided in Paragraph 2(b) below, to exercise its rights without notice to any of the other parties herein of its intention to perform or exercise any rights granted under the original easement described in Exhibit "A". b. Except in the event of an emergency as determined by the District, the District shall provide ten (10) days prior notice to Cooks of its intention to perform or exercise any rights granted under the original easement described in Exhibit "A". 3. That the other parties, jointly and severally, hereby release the District ftom any and all liability and claims for damages which may be caused by the actions ofthc District in repairing, replacing, relocating or in any other matter operating or maintaining the sewer line within the easement premises described in Exhibit "A", including any and all claims for injury or damages to the lines, conduits, cables, wires or any other distribution apparatus or appliances of any of the other parties and also including but not limited to the cost or expense of replacement ~ of any such lines, conduits, cables, wires or other distribution appliances or apparatus installed by any of the parties other than the District within the easement premises. 4. The Cooks funher hereby agree to and do hereby indemnify and agree to save the District harmless from and against all claims, demands, suits, losses, damages or from any other claim against the District whatsoever by any one or more of the other parties hereunder or any other persons claiming under them and arising out of any actions, conduct or any failure to act by the District in exercising its powers and rights under said easement grant. This Release and Indemnity shall include but is not limited to attorney fees, court costs, expert witness fees or any other costs whatsoever incurred by the District in negotiating, defending or enforcing any such claims or proceedings by the District in asserting, protecting or enforcing the District's rights and powers in thc easement grant and under the terms of this Agreement, 5. Cooks and the District hereby consent to the use of the easement by Town, Cable, and West for those utilities currently installed in the easement by those parties as described in Paragraph A above. Cooks and the District further consent to the use of the easement by Town, Cable and West for necessary repairs and maintenance of their respective utilities. 6. The terms, covenants and agreements herein contained shall extend to and be obligatory upon the heirs, devisees, personal representatives, successors, grantees and assigns of the parties hereto. 2 7. This Agreement may be executed in separate counterparts and shall be binding on the parties the same as if they had each executed the original document. IN WITNESS WHEREOF, the parties have signed this Agreement the day and year first above written. UPPER THOMPSON SANITATION DISTRICT By: Its Douglas Cook Linda Cook By: Its TOWN OF ESTES PARK By: Its U.S. WEST By: Jl J,.7. dk_ Its M,0'u/*26< G= len ¥, /lonson ESTES SATELLITE & COMMUNICATIONS By: Its 2jib,uppervellgl 3 Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Vickie O'Connor, Town Clerk Date: August 15, 2000 Subject: Town Board Agenda Consent Item #6 - Policy Directive 1-00 Background. This item is on the agenda as the Trail Gazette has changed their Friday Paper submittal deadline from Thursday noon to Wednesday noon. This change affects the Town Board Agenda and Policy Directive 1-00 for "Incomplete Town Board Land Use Agenda Items." The Directive originally listed the deadline as "close of business on the Wednesday preceding the Town Board meeting." The Amended Directive in your packet adjusts the submittal deadline to 12:00 Noon on the Tuesday preceding the Town Board meeting. Budget. N/A TOWN OF ESTES PARK POLICY DIRECTIVE 1-00 (Amended August 22,2000) SUBJECT: Incomplete Town Board Land Use Agenda Items ACTION: There have been repeated instances when incomplete submittals for land use agenda items, such as annexation, plats, PUDs, special review uses, zoning changes, and development agreements have caused unnecessary discussion and confusion at Town Board meetings. It shall, therefore, be the Policy of the Town of Estes Park that, henceforth, staff shall not place any land use action items on the Town Board agenda that are not complete and ready for Town Board action. If discussions or negotiations are ongoing and have not been completed prior to the agenda deadline (12:00 Noon on the Tuesday preceding the Town Board meeting), the item shall not be placed on the agenda, unless approved by the Mayor. The item shall not be placed on future agendas until negotiations have been completed or issues remain unresolved, necessitating Town Board decisions, unless directed by the Mayor. EFFECTIVE DATE: August 22,2000 APPROVED BY: John Baudek, Mayor, Town of Estes Park DISTRIBUTED TO: Town Administrator Town Attorney Assistant Town Administrator/Chief of Public Safety Town Clerk Advertising Director Community Development Director Finance Officer Assistant Finance Officer Light & Power Director Marketing Director Museum Director Deputy Police Chief Public Works Director Senior Center Director Special Events Director TOWN OF ESTES PARK Office Memorandum To: The Honorable Mavor Baudek and Board of Trustees From: Rich Widn ~ Town Adminis~r Date: August 17,1®0 Re: ACTION PLAN FOR TOWN OF ESTES PARK GOALS 2000-2002 BACKGROUND: Attached is the proposed Action Plan document for the Town Goals adopted by the Town Board on May 23,2000. The individual goal teams have met numerous times since then to develop the Action Plans shown. Following adoption by the Town Board, staff will provide periodic progress reports on the status of each goal's action plan. BUDGET/COST: Each goal may have budget and cost implications. These will be shown as applicable in the 2001/2002 Town Budget. RECOMMENDATION: Staff recommends adoption of the proposed Town of Estes Park Goals 2000-2002 Action Plan. TOWN OF ESTES PARK GOALS 2000 - 2002 ACTION PLAN August 22,2000 TOWN BOARD GOALS 2000-2002 GOAL 1: TO IMPROVE THE UTILIZATION OF DOWNTOWN PARKING. ACTION PLAN: 1. Review existing parking information signs and recommend improvements as appropriate. 2. Explore the use ofpaid parking in one or more of the parking lots. 3. Investigate the feasibility of expanding the parking lots at the Visitor Information Center. 4. Review the existing timed parking restrictions and recommend revisions as appropriate. TIMELINE: Fall/Winter 2000 ACTION TEAM: Leader: Public Works Director Members: Town Administrator Urban Renewal Director Assistant Town Administrator Community Development Director Town Board: Trustees Habecker and Jeffrey 1 TOWN BOARD GOALS 2000-2002 GOAL 2: TO LOBBY FOR STATE LEGISLATION CHANGES TO ALLOW THE ESTABLISHMENT OF A MARKETING DISTRICT IN THE ESTES VALLEY. ACTION PLAN: 1. Contact CML, seek advice on bill sponsors. Request CML assistance in bill tracking and lobbying. 2. Meet with candidates for State Representative from District 51and brief them on Marketing District background. 3. After November election, meet with new Representative and solicit support for Marketing District legislation. 4. Meet with Larimer County Commissioners. Brief them on Marketing District background and solicit their support for the proposed legislation. 5. Obtain sponsors for the proposed legislation in the Senate and House. 6. Consider hiring paid lobbyist. 7. Contact the Town of Vail. Ask for their support for the legislation. 8. After bill is introduced and assigned to committees, send letters of support to committee members. 9. Monitor legislative process in a proactive manner. 10. Attend committee hearings and testify. Have Town Board and Mayor testify as appropriate. Consider having other local businessmen and other communities testify. 11. After legislation passes, begin to organize for Marketing District petition and election. TIMELINE: Fall 2000 - Spring2001 ACTION TEAM: Leader: Marketing Director-Conference Center Members: Town Administrator Town Attorney Town Board: Trustees Barker and Habecker 2 TOWN BOARD GOALS 2000-2002 GOAL 3: TO ESTABLISH A PERMANENT COMMUNITY REINVESTMENT FUND USING SURPLUS GENERAL FUND AND EPURA REVENUE. ACTION PLAN: 1. Discuss at Town Board Work Session and at subsequent Town Board meetings to obtain consensus on proceeding with the election. 2. Prepare list of projects funded from the 1994 election, dates of construction, and amount spent. Show actual and projected excess revenues. 3. Determine the role, if any, o f the Forward Estes Park Foundation and other civic groups. 4. Determine the role ofthe Estes Park Volunteer Fire Department and whether it will act as a Political Action Committee. 5. Decide on a kickoff event, such as a community meeting. 6. Set up a speaking schedule for clubs and community groups. Produce a program illustrating how taxes work in Estes Park. 7. Use newspaper articles and press releases as appropriate. 8. Finalize the wording of the ballot question no later than August 22,2000. 9. Relate this ballot question to the Tax Cut Initiative #205. TIMELINE: July 2000 - November 2000 ACTION TEAM: Leader: Town Administrator Members: Finance Officer Town Board: Trustees Doylen & Newsom 3 TOWN BOARD GOALS 2000-2002 GOAL 4: TO CONTINUE THE TRUSTEE OUTREACH PROGRAM BY CONDUCTING NEIGHBORHOOD MEETINGS, CONDUCTING PERIODIC COMMUNITY MEETINGS WITH TRUSTEES AND STAFF, AND OTHER ACTIVITIES AS APPROPRIATE. ACTION PLAN: 1. Neighborhood Meetings: • Establish a meeting schedule with the location, date, host, and Trustees for the remainder of 2000 and beyond. • Introduce a Trustee Comment Form. • Two Trustees to attend on a rotating basis. 2. "Ourfest": • Event to occur on a yearly basis, in August. • Provide professional entertainment, movie, light refreshments. • Event to receive a yearly budget. 3. Volunteer Recognition: • Event to occur on a yearly basis, in April (volunteer month). • December Recognition Party to occur on a yearly basis, with "style". • Both events to receive a yearly budget. 4. Community Meetings: • To occur on a quarterly basis, 6/7,9/6,11/1, and 3/7/2001. • "Showcase" various public facilities by conducting meetings on-site. • Trustees and assigned staff to attend. TIMELINE: Neighborhood Meetings (targeted areas) = Monthly "Ourfest" = August Volunteer Focus = April and December Community Meetings = Quarterly ACTION TEAM: Leader: Town Clerk Members: Assistant Town Administrator Museum Director Special Events Director Town Board: Mayor Baudek and Trustee Jeffrey 4 TOWN BOARD GOALS 2000-2002 GOAL 5: TO CONTINUE DEVELOPMENT AND IMPLEMENTATION OF A COMPREHENSIVE PUBLIC INFORMATION PROGRAM. ACTION PLAN: 1. To be innovative in efforts to promote trust and maximize citizen involvement. • Identify and utilize new methods of information dissemination • Involve department heads 2. To inform employees and explore new methods to communicate Town information to employees. The use ofnewsletters and e-mail will be considered. 3. Increase public awareness of where to access information (web page, radio, newspaper). • Analyze the effectiveness of current methods of information distribution > Consider use of a survey via utility billing stuffers > Use a follow-up survey in the Fall 2001 • Emphasize use of the web page • Establish consistent outlets for news releases > Use newspapers other than the Trail Gazette and foster relationships with those publications. • Determine the appropriateness and effectiveness of local radio. 4. Be proactive with public information. • Identify and use existing methods of information dissemination. • Establish criteria for departments to use for determining when to issue news releases. • Increase awareness among Department Heads as to the importance of informing the community of Depaitment projects. 5. Increase awareness that Town taxes are well spent. • Use the Municipal Memo for in-depth explanations • Use news releases and media briefings on large projects. TIMELINE: August 2000 - May 2002 ACTION TEAM: Leader: Assistant Town Administrator Members: Town Clerk Museum Director Advertising Manager Town Board: Trustees Jeffrey and Newsom 5 TOWN BOARD GOALS 2000-2002 GOAL 6: TO SUPPORT THE GOALS OF THE ESTES PARK HOUSING AUTHORITY ACTION PLAN: 1. Presentation to Board of Trustees by EPHA Commissioners on future plans for EPHA. 2. Review budget requirements. 3. Meet as required to review EPHA issues, direction, project ideas. Support EPHA activities in land, financing, and regulatory issues. Recommend Town Board actions, as appropriate. 4. Report to the Board of Trustees on projects, as required. 5. Establish quarterly meetings, and project specific meetings, as necessary, to review EPHA status. 6. Update Town Board of Trustees on EPHA activities, as required. 7. Monitor land, financing, and regulatory issues, and recommend Town Board actions, as appropriate. TIMELINE: Action Item 1 : July/August 2000 Action Item 2: August 2000 Action Items 3 & 4: Sept/December 2000 Action Items 5 - 7: Jan/December 2001 ACTION TEAM: Leader: Community Development Director Members: Town Administrator Town Board: Trustees Doylen and Gillette 6 TOWN BOARD GOALS 2000-2002 GOAL 7: TO ESTABLISH AND ADOPT A COMPETITIVE COMPENSATION POLICY FOR TOWN EMPLOYEES. ACTION PLAN: 1. Meet with Pay Study consultant to review pay study and proposed Compensation Policy. 2. Recommend adoption ofthe Compensation Policy to the Town Board, as appropriate. 3. Monitor results of Compensation Policy and recommend changes as necessary. 4. Review 2002 in-house pay study and recommend adoption to the Town Board. TIMELINE: Item 1: August/September 2000 Item 2: October 2000 Itenn 3: Ongoing Item 4: October 2001 ACTION TEAM: Leader: Assistant Town Administrator Members: Public Works Director Light & Power Director Finance Director Museum Director Town Board: Mayor Baudek and Trustee Gillette 7 TOWN BOARD GOALS 2000-2002 GOAL 8: TO UPDATE THE STANLEY PARK MASTER PLAN TO INCLUDE A RECREATION AND EVENTS FACILITY, AND BEGIN CONSTRUCTION. ACTION PLAN: 1. Review existing Master Plans for the fairgrounds and EVRPD lease area and recommend revisions as appropriate. 2. Review status of Stanley Park title. Authorize Mr. White to proceed with title clearing as necessary. 3. Review financing options. 4. Review and update building functions list. 5. Obtain plans and use information from other similar facilities. 6. Establish a partnership agreement with EVRPD for construction and operation of the proposed facility. 7. Select a design/build team and prepare preliminary design and cost estimate. 8. Establish community support for the proposed facility. 9. Begin construction. TIMELINE: July 2000 - March 2002 ACTION TEAM: Leader: Special Events Director Members: Town Administrator Town Attorney Public Works Director Light & Power Director Town Clerk Fire Chief Town Board: Trustees Barker and Gillette 8 TOWN BOARD GOALS 2000-2002 GOAL 9: TO ENCOURAGE EPURA'S COMPLETION OF THE FOLLOWING PROJECTS: A. THE DESIGN AND CONSTRUCTION OF THE WEST ELKHORN RIVERWALK. B. TO DEFINE THE APPROPRIATE FUTURE FOR THE TALLANT PARK PROPERTY. C. TO COMPLETE THE INTERMODAL TRANSPORTATION STUDY AND BEGIN IMPLEMENTATION. ACTION PLAN: 1. West Elkhorn Riverwalk: • Complete survey and base mapping. July 2000 • Develop conceptual plan alternatives. Summer 2000 • Evaluate and refine concepts. Summer/Fall 2000 • Select preferred alternative. Fall 2000 • Complete bid documents for Phase I of the preferred alternative. Winter 2000 • Construct Phase I 2001/2002. 2. Tallant Park Future Uses: • Brainstorm uses with CRA and Szymanski/Ray. Summer 2000 • Refine and evaluate alternatives. Summer/Fall 2000 • Select preferred alternative. Fall 2000 • Recommend phasing and determine construction schedule. 2001 3. Transportation Study: • Support RFP preparation by Larimer County. Surnrner 2000 • Assist with selection of consultant. Fall 2000 • Assist with preparation of study. 2000/2001 • Begin implementation of recommendations. To Be Determined 4. Quarterly Reports: The Urban Renewal Director will keep the Town Board updated on the three goals with quarterly progress reports. TIMELINE: See Above ACTION TEAM: Leader: EPURA Executive Director Members: EPURA Board of Commissioners 9 RESOLUTION 18-00 A RESOLUTION SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF ESTES PARK AT THE REGULAR GENERAL ELECTION BE HELD ON TUESDAY, NOVEMBER 7, 2000, THE QUESTION OF SHALL THE TOWN OF ESTES PARK AND THE ESTES PARK URBAN RENEWAL AUTHORITY BE AUTHORIZED TO COLLECT AND RETAIN ALL OF THE REVENUES IN EXCESS OF THE REVENUE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION FROM SALES AND USE TAXES (WITHOUT ANY INCREASE IN SALES AND USE TAX RATES) AND ALL OTHER REVENUES OF THE TOWN, AND TO SPEND ALL OF SUCH REVENUES BY TRANSFERRING SAID REVENUES INTO THE COMMUNITY REINVESTMENT FUND FOR THE PURPOSE OF ACQUISITION, MAINTENANCE, REPAIR AND REPLACEMENT OF CAPITAL PROJECTS, INCLUDING EVENTS/RECREATION FACILITIES, OPEN SPACE, SIDEWALKS, TRAILS, LANDSCAPING, STREET AND PARKING LOT CONSTRUCTION, STORM DRAINAGE, AND MUNICIPAL BUILDINGS AND FACILITIES AND TO IMPLEMENT THIS MEASURE UPON APPROVAL BY THE ELECTORS. WHEREAS, the Colorado Constitution and applicable law authorize the Town of Estes Park to refer the question herein to a vote of the registered electors of the Town of Estes Park; and WHEREAS, a regular general election of the State of Colorado will be held on Tuesday, November 7,2000; and WHEREAS, the Board of Trustees is of the opinion that it is in the best interest of the citizens of Estes Park that all revenues in excess of the revenue limitations of Article X, Section 20 of the Colorado Constitution generated from its sales and use taxes (without any increase in sales and use tax rates), and all other revenues of the Town be exempted from the revenue limitations of Article X, Section 20 of the Colorado Constitution and expended as follows: For the acquisition, maintenance, repair and replacement of capital projects, including events/recreation facilities, open space, sidewalks, trails, landscaping, street and parking lot construction, storm drainage, and municipal buildings and facilities. WHEREAS, although the Board has been advised that the Estes Park Urban Renewal Authority may be exempt from the provisions of Article X, Section 20 of the Colorado Constitution, the Board is of the opinion that it is in the best interest of the citizens to vote on the issue of retention and expenditure of sales and use tax incremental revenues by the Authority; and WHEREAS, the retention and expenditure of such sales and use tax incremental revenues by the Authority would be for the continuation of downtown redevelopment projects, as required in the Redevelopment Plan approved by the Board of Trustees, and in compliance with the Intergovernmental Agreement between the Town and the Authority; and WHEREAS, by approval of the previous ballot measure in 1994 for the retention and expenditure of revenues, the Town and the Estes Park Urban Renewal Authority were able to retain and expend revenues for capital projects including construction and landscaping of the Dannels Fire Station, purchase of property for future municipal facilities, and construction of the Lake Estes and Mall Road Hike/Bike Trails. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: 1. At the regular general election of the State of Colorado held on Tuesday, November 7,2000, there shall be submitted to the vote of the registered electors of the Town of Estes Park, the following ballot question: SHALL THE TOWN OF ESTES PARK, COLORADO, INCLUDING THE ESTES PARK URBAN RENEWAL AUTHORITY, BE AUTHORIZED TO COLLECT AND RETAIN ALL OF THE REVENUE IN EXCESS OF THE REVENUE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION FROM SALES AND USE TAXES (WITHOUT ANY INCREASE IN SALES AND USE TAX RATES) AND ALL OTHER REVENUES OF THE TOWN, AND TO SPEND ALL OF SUCH REVENUES BY TRANSFERRING SAID REVENUES INTO THE COMMUNITY REINVESTMENT FUND FOR THE PURPOSE OF THE ACQUISITION, MAINTENANCE, REPAIR AND REPLACEMENT OF CAPITAL PROJECTS, INCLUDING EVENTS/RECREATION FACILITIES, OPEN SPACE, SIDEWALKS, TRAILS, LANDSCAPING, STREET AND PARKING LOT CONSTRUCTION, STORM DRAINAGE, AND MUNICIPAL BUILDINGS AND FACILITIES? YES NO 2 2. If a majority of the qualified electors, in compliance with applicable law, approve the question, the measure shall be deemed passed and effective as of the date of certification of the election. 3. Public notice of the election on the ballot question hereby submitted shall be given in compliance with applicable laws, including but not limited to, publication- of notice of election, mailing applicable notices to all registered electors, and mailing and assembling of comments concerning the ballot issues, as provided by law. 4. The Board of Trustees and designated election official are authorized and directed to take all actions necessary or appropriate to cause the aforementioned ballot issue to be placed upon the ballot, and to effectuate the provisions of this referred measure upon approval by the electorate. Adopted this day of ,2000. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 3 GREGORY A. WHITE Attorney At Law August 17,2000 TOWN BOARD TOWN OF ESTES PARK PO BOX 1200 ESTES PARK, CO 80517 Dear Board Members: Enclosed please find the proposed ballot question for the November 2000 election. The purpose of the ballot question is to exempt the Town and the Estes Park Urban Renewal Auchority from the revenue and spending limitations of Article X, Section 20 of the Colorado Constinltion ([he TABOR amendment). The ballot question requkes that all excess revenues be transferred into the Community Reinvestment Fund for the puipose of acquisition, maintenance, repairs, and replacement of capital projects including but not limited to those listed in the ballot question. In my opinion, passage of this ballot question will override Ballot Issue 2A which was passed at the November 8,1994 election. It is also my opinion that if this Ballot Issue fails Ballot Issue 2-4 will sdll be in force and effect Although it is my opinion and that of Mr. Jim Windholz, Attorney for EPURA, that urban renewal authorities are exempt from the provisions of the TABOR Amendment, the Estes Park Urban Renewal Authobty has been included due to the fact that there has not been a dealitive decision by the Colorado Supreme Court on whether or not urban renewal authotities are exempt from rhe provisions of the TABOR Amendment. / fery t;ply yours, ~regoty A. White GAW/bf 1423 West 29th St. (970) 667-5310 Loveland, CO 80538 Fax (970) 667,2527 TOWN OF ESTES PARK BALLOT QUESTION NOVEMBER 2000 SHALL THE TOWN OF ESTES PARK, COLORADO, INCLUDING THE ESTES PARK URBAN RENEWAL AUTHORITY, BE AUTHORIZED TO COLLECT AND RETAIN ALL OF THE REVENUE IN EXCESS OF THE REVENUE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION FROM SALES AND USE TAXES (WITHOUT ANY INCREASE IN SALES AND USE TAX RATES) AND ALL OTHER REVENUES OF THE TOWN, AND TO SPEND ALL OF SUCH REVENUES BY TRANSFERRING SAID REVENUES INTO THE COMMUNITY REINVESTMENT FUND FOR THE PURPOSE OF THE ACQUISITION, MAINTENANCE, REPAIR AND REPLACEMENT OF CAPITAL PROJECTS, INCLUDING EVENTS/RECREATION FACILITIES, OPEN SPACE, SIDEWALKS, TRAILS, LANDSCAPING, STREET AND PARKING LOT CONSTRUCTION, STORM DRAINAGE, AND MUNICIPAL BUILDINGS AND FACILITIES? MEMO ~53-© E 0 y[El[[)11 TO: Rich Widmer I||11 AUG 16 2000 IU FROM: Al Wasson U UL-- SUBJECT: High speed Internet access DATE: August 16, 2000 The purpose of this memo is to describe a need that has been identified for the Estes Park area, an opportunity to address that need, and to request that the Mayor and Town Board of Trustees act in support of that opportunity. Let me begin with an example. A local resident, participating in a test of new software, found it necessary to transfer a file from the manufacturer's computer to his, a process called downloading. The file was a big one, but not all that large by today's standards. To download the file using the form of connection currently available to us here in Estes Park today, a dial-up connection to a telephone line through a modem, would have taken him over twenty-two hours. To download the same file using a much higher speed type of connection called a T-1 line would require four minutes! This example illustrates an aspect of a concept called the "Digital Divide" that is of concern to many of us here in Estes Park. It is not difficult to see that such a discrepancy in connectivity will cause our local businesses to become unable to compete with similar businesses in other locations that have high-speed access to the Internet, and lead to inefficiency on the part of businesses, institutions, and individuals in our community. At present, to acquire T-1 access is very costly, probably beyond the reach of most users, and in many instances, depending on location, may not be available at all. Estes Park is at risk, due to our size, location, and the fact that many of our businesses are relatively small, of becoming an information "have not" with respect to connectivity. Recognizing this situation, a small group of individuals, each highly skilled in the field of information technology, have offered to volunteer their time to research alternatives in both technology and providers in an effort to find an acceptable, affordable solution to this challenge. They are Lee Lasson, of Estes On-Line, Mike Molloy of Mountain Data Systems, and Don Widrig, who has extensive experience in information technology businesses. Having had some experience in this area with the Town's telephone service committee in 1995, and at the request of the above individuals, I will offer to serve as Chair of the group. In addition to ourselves, we would propose to recruit members of the local business community, the Chamber Resort Association, the National Park, and other interested entities to serve as a steering committee for the technology task force. It is our request that to give the group both identity and status in order to deal effectively with potential vendors, it be endorsed by the Town Board of Trustees as able to act on behalf of the community as an extension of their goals of economic development and improved quality of life for our citizens. . .. Page Two, Internet Access Allow me to anticipate some questions: What is the mission of this group? Our mission will be to investigate and identify effective and affordable alternatives for provision of high speed, broadband Internet access to Estes Park, and to persuade the vendors of those service that it would be in their best interest to bring those services to our area. What will this group be called? Although we're not too concerned about that, a name will be necessary. We would suggest "Internet Access Task Force for Estes Park" as a working name. Will this be a permanent committee? Not at all. As with the telephone committee, one of our highest priority goals will be to do our work and disband as soon as possible. What will this cost the Town or the taxpayers? Nothing. All of the individuals are volunteering their time and their skills, and given the levels of expertise involved, and the fact that consulting is the source of their income, it should be noted that this is a very generous contribution on their part. Some alternatives have already appeared, such as the cable TV company. Why do we need to do more studying? We are pleased to see some options already available, and the cable provider is a good alternative. However, their service is not currently suitable for business use, although the requirements to make it so are not too great. They will certainly be one of the options investigated. But there are several other technologies, such as fiber optic cable, satellite, and wireless, that merit consideration as well. We would be remiss to not consider all the options, including that of the formation of a local entity to bring such services to our area. That is an option that many smaller communities have already found to be useful. What will be the outcome of this group's efforts? A report, along with recommendations for further action if appropriate, will be provided to the Town Board of Trustees and Town Staff, and to the community. It is our expectation that this effort will be completed within a few months. We would appreciate your support of this effort, your participation as a member of the steering committee, and your positive recommendation to the Town Board of Trustees that they act at their next meeting to appoint the Internet Access Task Force for Estes Park to conduct the work described above. I would be pleased to answer any questions, and can be reached at 586-6024, or by email at awasson@earthlink.net. f. MEMORANDUM To: The Honorable Mayor Baudek and Board of Trustees From: Museum/Senior Center Services Dept. - Betty Kilsdonk Date: August 22,2000 Re: Hallett House Roof Bids BACKGROUND: William Hallett built Hallett House, 1861 Marys Lake Road, in 1881. It is listed on the National Register of Historic Places. The building needs a new roof. In December 1999 the Town received an $8000 matching State Historical Fund award on behalf of owners Gene and Theresa Oja (with the owners providing the matching funds). Total project budget was $16,000. In May 2000 the Town advertised the project and received one bid, from Apex Roofing, for $17,400. In June the Town readvertised the project and received 6 bids, none from a local contractor. On August 8 the Town awarded the contract to Majestic Roofing of Loveland for $12,222. Because of the project's small size no bid bond was required. On August 9 the Town was notified that the roofer could no longer do the project at the bid price and in the bid time frame. The owners then asked to use a local, qualified contractor. (According to the bid specifications, the Town was not required to accept the lowest bid.) At that point Apex Roofing Compnay was recontacted. Apex agreed to do the work for the budgeted amount and provided local references. (Apex is also doing the roof work for the Fall River Hydroplant.) Because half the project funding is from the State Historical Society, they were contacted regarding their bid policies. According to State Historical Society guidelines, municipalities·are not bound by State procurement policies in awarding projects. Rather, they are allowed to follow their own rules and procedures, using a fair and open process. The process used to award the roof project meets this requirement. Further, the Society's Technical Advisor has approved the choice of Apex Roofing. BUDGET/COST: $16,000 was budgeted for the roof repair: $8000 from the State Historical Fund $8000 from Gene and Theresa Oja RECOMMENDATION: To award the Hallett House Roof Repair project to Apex Roofing Company for $16,000.