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PACKET Town Board 2004-02-24
Prepared 02/20/04 The Mission of the Town of Estes Fait le to plan and provide reliable, hi0h-value servicee for our citizene, visitors, and employees. We take Great pride eneurinG and enhancinG the quality of life in our community by being 0ood etswards of public resources and natural eettinG. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 24,2004 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 10, 2004. 2. Bills. 3. Committee Minutes: A. Utilities, January 27,2004: 1. Electric Rate Study Scope of Services, Black & Veatch, $30,000. 2. Tree-Trimming Project, Asplundh Tree Expert Co., not-to-exceed $70,000. 3. Light and Power Departmental Policy Manual Revision - Discontinuance of Service (1-4). 4. Water Shop Retaining Wall Project Scope for Design and Construction Management, Cornerstone Engineering, $5,132. 5. Water System Vulnerability Assessment Scope of Services, Pinkerton Consulting & Investigation Services, $9,900. 6. Water Shop Addition and Remodel Project, O'Reilly Construction, $78,500. 7. Water Tap System Development Fee Study Scope of Services, Black & Veatch, $15,000. l A. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. PRELIMINARY & FINAL CONDOMINIUM MAPS. A. Overlook Condominiums, Final Condominium Map, Lot 2, Stanley Historic District, Overlook Developers, Inc./Applicant. 1 Continued on reverse side .. 2. ACTION ITEMS: 1. APPOINTMENT OF LYLE POLSON TO MUSEUM ADVISORY BOARD, COMPLETION OF 4-YR. TERM VACATED BY BETTY LYNNE HULL, TERM EXPIRING 01/01/06. Mayor Baudek. 2. TOWN ADMINISTRATOR'S REPORT. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 A Smoking Ban Proposal I amanine year resident of Estes Pak and i am concerned that our fine town has not taken the steps necessary to protect all of its citizens and visitors. In this statement I am referring to a smoking ban in all public places. "Ten Colomdo oounties and 38 municipalities have completely or partially banned smoking in restaurants and bars, including Pueblo, Greeley, Aspen, Boulder, Fort Collins (Innginont) and Snowmass. A ban wai;mently passed in unincorporated Summit County, but Silverthorne and Breckenridge are drafting similar resolutions." (9 News). Isn't it time that Estes Park do the same? In our resort town we rely on summer help to staff the bars and restaurants. Many of those employed are the local high school students. 1 asa patron don't like to eat in a smoke filled restaurant but at leilst I can dnve to Boulder or Fort Collins toavoidlhe smoke. Those that must wofk in the industry are at risk for cancer, asthma and other ailments due to the second hand smoke exposure. Fiat Some Facts about Second-hand smoke: According to the Centers for Disease Control: Secondhand smoke causes an estimated 53,000 deaths annually in the United States alone, including 3,000 lung cancer deaths, more than 2,000 SIDS deaths and more than 35,000 deaths from cornnary heart disease.(1) According to an American Heart Association Circulation, "Second hand smoke is the third most preventable cause of death and disease in Colorado after active smoking and drinking." According to the Journal of the Amencan Medical Association: Just Ihirty minutes of exposure to second-hand smoke can compromise the cardiovascular system of monsmokers by reducing blood flow to the heart. Second-hand Smoke & Workers: Workers exposed to second hand smoke on the job are 34 % more likely to get lung cancer. Workplace exposure to secondhand smoke may be greater than exposure from living with a smoker. Restaurant workers are exposed to 1.5 times more smoke than smokers' spouses and bar workers •reaposed to up to 43 times the amountofs®cond-hand smoke found in a smokerg home. © 2000-2002 (CTEPA) The Colorado Tobacco Education and Prevention Alliance Restaurant workers are the occupational group most heavily exposed to second- hand smoke. During a shift in a smoke-filled restaurant or bar, workers can breathe the equivalent of actively smoking 1 to 2 packs of cigarettes. This unhealthy air takes its toll on workers. © 2000-2002 (CTEPA) The Colorado Tobacco Education and Prevention Alliance Inanissue of the Jon,nal ofAmerican Medical Association, there wasastudy ofthe short term effects reduced second-hand smoke had on bartenders who were working in a smoke free environment for as little as one month following the smoking ban in California. Before the smoke-ke W011[plaee law went into eff~ct, about three-fourths of the 53 balten(tem in the UCSF study reported respiratory symptoms such as wheezing, coughing and phlegm production. One to two months later, 59 percent ofthose who had indicated respiratory symptoms were now symptom-free "The bartenders experienced a significant improvement in lung function simply from avoiding second-hand smoke in the workplace Surprisingly, even among bwtenders who smoked cigarettes themselves, reduced exposure to second-hand smoke led to improved respiratog symptoms and function. Many will argue thatrevenues will be lost "Studies of sales tai data from Aspen Snowmass and Telluride have demonstrated that smoke-free ordinances in restaurants had no negative effect on revenues." «}lantz, S 'Smoke-free Restamant Ordinances Do Not Affect Restaurant Business. Period.2 Journal of Public Health Management and Plactice, Januaiy 1999 Vol 5. No. 1.) Additional sales tax data from the Gioup to Alleviate Smoking Pollution (GASP) shows that the smoke-ke o:,linance in Boulder, CO ilse had no meg»tive impact on sales Letusdo whatittakes tomake Estes Parkasmoke freetowntoprotect its citizens and visitors alike. Iolanthe Oprea, P.T. P.O. Box 3353 Estes Park, CO 80517 Peakfunction@worldnet.att.net Town of Estes Park, Larimer County, Colorado, February 10, 2004 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 10th day of February, 2004. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Habecker corrected a recent headline in the Trail Gazette for an article he himself submitted as a Letter to Editor-he was speaking on his own behalf, not that of Trustees. Trustee Jeffrey-Clark invited the Town Board and audience to a "Partners Benefit Bingo" on Thursday, 2/12/04-dinner will be served at 5:30; bingo at 6:30; the fee is $10.00. Trustee Gillette requested Town Attorney White confirm whether changing Estes Park's form of government from "statutory" to "home rule" would change the voting boundaries. Attorney White responded that only those residents residing within the jurisdictional limits are allowed to vote regardless of the form of government. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated January 27,2004. 2. Bills. 3. Committee Minutes: A. Community Development, February 5,2004: Special Events Dept. 1. A. Standard Agreements: • Powder River Rodeo LLC (2004 June Series Rodeo Production), $24,000. • Christmas Parade Director Letter of Understanding, $10,000. B. Standard Horse Show Agreements: Board of Trustees - February 10, 2004 - Page 2 • Colorado Arabian Horse Club, July 2-4,2004. • Rky. Mtn. Miniature Horse Club, June 16-20, 2004. • Colorado Hunter Jumper Assn., July 22-25,2004. 2. Stanley Park Master Plan Schematic - Approval. 3. Drainage Study Proposal, Van Hom Engineering, $17,450. Museum Dent.: 1. Name Change from Estes Park Area Historical Museum to Estes Park Museum. 2. Birch Ruins Historic Structure Contract, City Visions, $7,250. 3. Birch Cabin Restoration Contract, Sterling Holdorf, $14,585. 4. Estes Park Housing Authority, January 14, 2004 (acknowledgment only). 5. Estes Valley Board of Adjustment, February 3,2004 (acknowledgement only). 6. Estes Valley Planning Commission, January 20,2004 (acknowledgement only). It was moved and seconded (Doylen/Gillette) the consent calendar be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for all Consent Agenda Items. 1. CONSENT ITEMS: 1. AMENDED PLATS. A. Amended Plat of Lots 21 & 22, Block 7, Country Club Manor Addition, Karl Ropp & William Lockhart/Applicants. 2. PRELIMINARY, FINAL & SUPPLEMENTAL CONDOMINIUM MAPS. A. Lodges at Black Canyon Hills, Final Condominium Map, Lot 1, Mount View Park Addition, and a Portion of Meyer's Addition, James Sloan/Applicant. B. EPCO Condominiums, Preliminary & Final Condominium Map, Lot 1, EPCO Subdivision, Dennis K. Brown/Applicant. C. Ranch Meadow 11 Condominiums, Preliminary Condominium Map, Lot 16, Ranch Meadow Subdivision, Richard H. Wille/Applicant. D. Ranch Meadow Il Condominiums, Final Condominium Map, Lot 16, Ranch Meadow Subdivision, Richard H. Wille/Applicant. 3. FINAL SUBDIVISION PLATS. A. Mangelsen Subdivision, a Portion of Lot 32, Bonnie Brae Addition. & Lot 4, Habitat Subdivision, Habitat for Humanity of Estes Valley, Inc./Applicant. There being no public testimony, Mayor Baudek closed the public hearing. Trustee Habecker declared a "conflict of interest", and requested Items 2.C. and D. be removed from the Consent Agenda and voted upon separately. It was moved and seconded (Habecker/Jeffrey-Clark) Items 1.A., 2.A. and B., and 3.A. be approved, and it passed unanimously. It was moved and seconded (Newsom/Gillette) items 2.C. and D. be approved, and it passed with Trustee Habecker Abstaining. 3. ACTION ITEMS: A. & B. Rezoning of Lot 3, Skoog Subdivision, from R-M Multi-family to E-1 Estate, and Preliminarv Plat of Deer Ridge Subdivision. a Replat of Lots 3 and 4. Skoog Subdivision. John Skoog/Applicant. Mayor Baudek opened the Public Hearing for the Rezoning request and Board of Trustees - February 10, 2004 - Page 3 Preliminary Plat. Planner Shirk presented the Staff Report reporting that the Applicant also intends to adjust the common property line between Lots 3 and 4 and subdivide Lot 3 from one lot to three lots. Approval of the rezoning request is conditional upon approval of the requested subdivision and proposed preliminary plat. The Applicant is allowed 12 months to finalize the plat; failure to complete the plat within 1 yr. would require the Applicant to resubmit the entire application. There being no public testimony, Mayor Baudek closed the public hearing. It was moved and seconded (Habecker /Doylen) the Rezoning Request for Lot 3, Skoog Subdivision from R-M to E-1 and the Preliminary Plat of Deer Ridge Subdivision be approved contingent upon the conditions listed in the Staff Report dated February 4,2004, and it passed unanimously. C. & D. Rezoning of Lots 1, 6. 7 & Portions of Lots 16 & 17. Sunny Acres Addition, from C-O, RM & E-1 to C-O, The Lane Ill Group, Inc./Applicant. Mayor Baudek opened the public hearing, and Planner Chilcott presented the Staff Report. Rezoning. The Applicant is requesting to rezone all land within the boundaries of the Fall River Village Preliminary P.U.D. plat to the C-O Outlying Commercial zoning district with the Planned Mixed-Use P.U.D-M overlay district. The Planning Commission found that the rezoning application met the three criteria (read aloud) for rezoning and recommended conditional approval of the rezoning request. The Comp Plan encourages redevelopment of this property, and Performance Park and Trail encourage this type of development. Preliminary P.U.D. #04-01. P.U.D. review involves two submittals: a preliminary P.U.D. application and a final P.U.D. application. This is the preliminary application, and the Town Board will also review the final application. The preliminary plat portion of the P.U.D. application subdivides the 7.051-acre property into 8 lots and 2 outlots. Lots 1 through 7 (on the upper portion of the property) are proposed for single-family development and range in size from 0.239 acres to 0.433 acres. Lot 8 (on the lower portion of the property), is 3.525 acres and is proposed for 64 accommodation units (short term rentals). The applicant intends to condominiumize Lot 8 and sell the accommodation units as time-share condominiums. Outlot A is for a private street, Sunny Acres Court, and Outlot B is a 0.890 acre lot that will be dedicated to the Town for non- motorized public access. Although the development plan portion of the P.U.D. application shows all lots, staff and the Planning Commission focused their review on the 64 accommodation units on the proposed Lot 8. The plan proposes 8 buildings, each with 8 units. An on-site office is also proposed; each unit will be 750 sq. ft. or less and a total of 70 parking spaces are provided. No density bonus is granted. Redevelopment. Currently, there are 33 mobile homes on the site, 7 of which are owned by Robert Filbey. One single-family home is also located on the site. These homes provide low-income housing for Estes Park residents. Redevelopment will involve removal of these mobile homes and the single-family home, requiring current residents to relocate; there are state statutes that govern the redevelopment process of mobile home parks. A draft development agreement addresses a time extension for the removal of the homes and resident relocation, and the Building Dept. is reviewing the Municipal Code pertaining to moving buildings and the possibility of waiving associated fees. - The Planning Commission has recommended approval of the rezoning request with the condition that the rezoning be contingent upon Town Board approval and recordation of the proposed P.U.D. #04-01. The Planning Commission further recommended approval of the preliminary application Board of Trustees - February 10, 2004 - Page 4 for the P.U.D., which includes a preliminary plat and development plan: (1) the findings as contained in the Staff Report dated 1/20/04 prepared by Planner Chilcott and (2) all 40 conditions contained in the Planning Commission minutes dated 1/20/04. The Applicant has reduced the number of gates from 3 to one and the remaining location will affect mail service. Trustees comments/questions are summarized as follows: clarification of the floodplain (proposed buildings being within the 500-yr. flood); street lighting/pollution (lighting must be shielded); confirmation that the rezoning, preliminary P.U.D. #4-01 and redevelopment, along with the 40 conditions are subject to approval/denial during this public hearing; the Applicant has addressed most of the 40 conditions which, in staffs opinion, are for the most part minor in nature; the 24-mo. time extension offered by the Applicant may give a false sense of security-a specific deadline may be preferable. Comments/clarification from Noel Lane/Applicant are summarized as follows: provided the family's ownership history; Colorado Mobile Home Act notice requirements for residents; development phasing and infrastructure installation; uncertainty as to whether the mobile homes may be moved due to the age of the units, and on-going discussions with various agencies to assist in this regard; the opportunity for redevelopment during easement discussions with the Town concerning the Fall River Trail; the Accommodations zoning provides viability of the project; workforce housing; of the 34 spaces, only 13 are paying their rents and rental fees have not been raised in 12 years. In response to a question regarding the timeframe for project completion, Mr. Lane stated he is investigating a 31/6-4 yr. program and timing in uncertain as this time for the proposed 7 single-family lots. Audience comments in opposition to the Application were heard from the following: Gerald Allmer, Michelle Newman and Charles Lindquist/Colorado Coalition for Mobile/Manufactured Home Residents Rights (distributed and read a letter dated 2/10/04-in summary, hardship and financial losses will be incurred by residents of Fall River Village; the residents need more time; and volunteers and donations are needed to help offset the living expenses for the residents while they are in transition.) David Bye/Colorado Legal Services, representing Stan Kessman. In summary, his client has improved his mobile home, repaid the loan, and he is now facing relocation; his home has been accepted elsewhere; however, he cannot * afford to move it. Questioned the basis of the 3 criteria mentioned above as well as Chapter 5 Use Regulations/E.V.D.C., Mobile Home Statute regarding notice to residents, the elimination of affordable housing for this site, and urged the decision be approved with conditions that protect the homeowners for their losses. When questioned, Mr. Bye confirmed the property owner does have the right to shut-down the mobile home park. Rebuttal was heard from Messrs. Allmer and Lane. Concluding all testimony, Trustee Newsom stated it is not the Town Board's responsibility to resolve disputes between the residents and the property owner. The Town Board's role is to ensure the application process was conducted according to the Development Code and that all conditions for approval are met. Board of Trustees - February 10, 2004 - Page 5 Mayor Baudek closed the public hearing, and concluding Trustee remarks were heard. Whereupon, it was moved and seconded (Habecker/Jeffrey- Clark) the Rezoning, Preliminary P.U.D., Preliminary Plat and findings be approved with all 40 conditions as described in the Planning Commission Minutes dated 1/20/04, with confirmation from Town Attorney White that the Applicant has stated no overnight rentals are planned for the single-family detached homes (Condition #16), and it passed unanimously. Trustee Barker added that the Town does not "give lip service to affordable housing" and the Town has and continues to play a significant role in affordable housing. 2. ACTION ITEMS: 1. RE-APPOINTMENT/APPOINTMENT - ADVERTISING COMMITTEE. Mayor Baudek presented the following for re-appointment to the Advertising Committee: Jeff Barker Deeva Boleman Jerry Donner Kyle Patterson Rob Pieper Tom Pickering Randy Repola Peter Marsh Trustee Barker declared a conflict of interest and stated he would not participate in discussion nor vote. All terms are for two years, expiring 4/11/06. It was moved and seconded (Doylen/Newsom) the aforementioned persons be appointed to the Advertising Committee, and it passed with Trustee Barker Abstaining. 2. RESOLUTION #4-04 - RE-APPROPRIATION OF 2003 ENCUMBERED FUNDS TO THE 2004 BUDGET. Finance Officer Brandjord read the Resolution increasing the 2004 budget for outstanding 2003 budget encumbrances. It was moved and seconded (Newsom/Gillette) Resolution #4-04 be approved, and it passed unanimously. 3. RESOLUTION #5-04 - SUPPORTING THE PROPOSED SISTER CITY AFFILIATION WITH MONTEVERDE, COSTA RICA. Note: To facilitate members of the audience, Mayor Baudek moved this item forward; however, the report of this item corresponds to the published Agenda. Museum Director Kilsdonk introduced Jim Thompson, Vice President, and Christine Hall, PresidenVEstes Park Sister Cities International, Inc., who gave background information on their search for an International Sister City. The local Sister City Program was initiated in November 2001 by Mayor Baudek and interested citizens (volunteers). The resolution officially invites Monteverde, Costa Rica to enter into a formal agreement establishing Monteverde and Estes Park as Sister Cities. Attorney White read the Resolution, and it was moved and seconded (Doylen/Newsom) Resolution #5-04 be approved, and it passed unanimously. 4. AMERICAN LEGION - RAMEY PROPERTY. PORTION OF LOTS 30 & 31. RIVERSIDE SUBDIVISION (West end of Gateway Propertv) - REQUEST TO SHARE PURCHASE. Town Administrator Widmer reported that the Land Trust is requesting the Town share a third of the purchase price of both lots from the American Legion. The lots are a natural extension of the Gateway property and the Land Trust is proposing placing a conservation easement before they are deeded to the Town. The purchase price is $75,000 and the Town's portion (1/3 = $25,000) could be funded from the Larimer County Open Space Fund. Jim White/EVLT reported that negotiations began in 1997, the Larimer County Open Space Board was advised of progress, and the EVLT was first required to purchase the site and th-66 -4@ek jointfuRdin~.- 1<i®ofiatiobs reslili@B in a fair tiHEe to both parties.-It wis moved and seconded (Newsom/Gillette) the Town participate in the purchase of Lots 30 and 31 with the expenditure of $25,000, and placing a conservation easement as described above, and it passed unanimously. Mayor Baudek Board of Trustees - February 10, 2004 - Page 6 expressed the Board's appreciation to the EVLT for their lead role on this open space purchase. 5. RESOLUTION #6-04 - OPPOSING EFFORTS TO LIMIT USE OF EMINENT DOMAIN. EPURA Exec. Dir. Smith outlined HB 04-1203 that was introduced in the State Legislature aimed at severely limiting the powers and potential effectiveness of urban renewal authorities. This Bill would eliminate the use of eminent domain for economic development purposes, stating that properties acquired by use of eminent domain may not be transferred to private parties. Town Attorney White confirmed that to the best of his recollection, the Town has never used eminent domain. Dir. Smith added that EPURA has used this power in 3 instances, two of which were on friendly terms. It was moved and seconded (Newsom/Barker) Resolution #6-04 be approved, and it passed unanimously. 6. TOWN ADMINISTRATOR'S REPORT. Municipal Building Remodelina Project - Update. Construction has begun and completion is expected by June, 2004. Renovation plans include a new public restroom facility. Following completion of all agenda items, Trustee Barker reported on a recent CML Policy Meeting where pending Bills in the State Legislature were discussed, and he urged 211 elected officials to lead rather than encumber everyone witti "knee-jerk" reactions to various situations and/or concerns. Mayor Baudek welcomed students from the 2004 Citizen Information Academy and adjourned the meeting at 9:36 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, February 12, 2004. Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 12th day of February 2004. Committee: Chairman Jeffrey-Clark, Trustees Gillette and Newsom Attending: Chairman Jeffrey-Clark and Trustee Newsom Also Attending: Town Administrator Widmer, Public Works Director Linnane, Utilities Supt. Goehring, and Deputy Clerk van Deutekom Absent: Trustee Gillette Chairman Jeffrey-Clark called the meeting to order at 8:00 a.m. LIGHT AND POWER DEPT. Electric Rate Studv Scope of Services - Approval Request. The Light and Power Department implemented rate increases of 6.25% in 2003 and 6.24% in 2004 based on the electric rate study approved by the Town Board in January 2003. The Light and Power Financial Plan approved by the Town Board in December 2003 recommended continuing retail rate increases of 3.9% from 2005 through 2008. The continuing rate increases are required to meet the following goals: 1. Eliminate the annual deficit in 2005 2. Maintain a fund balance exceeding $900,000 in 2005 and increasing in following years 3. Reach an industry standard target of 90 days of Operation & Maintenance expense plus 2% Fixed Asset ending balance fund reserve by 2008 4. Fund Capital Improvement Programs from cash. This includes the multi- million dollar major expansion of Marys Lake Substation anticipated for 2009. Staff received a Scope of Services from Black & Veatch to perform the 2004 Electric Rate Study for a negotiated cost $30,000. Director Linnane noted that the 2004 Budget includes $30,000 for this study. The Committee recommends approval of the Electric Rate Study Scope of Services presented by Black & Veatch at a cost of $30,000. Annual Tree-Trimming Proiect - Approval Request. The Light and Power Department began annual tree trimming services for electric line clearance in 1998. Since implementing this program, outages (momentary and sustained) have been greatly reduced in the trimmed areas, including the lines in Rocky Mountain National Park. Staff received a proposal from Asplundh Tree Expert Co. to perform tree trimming services at a cost of $82.26/per crew hour, the same cost as the 2002 contract. (The department did not contract for tree trimming services in 2003 due to budget constraints). RECORD OF PROCEEDINGS Utilities Committee - February 12, 2004 - Page 2 The 2004 Budget includes $70,000 for this project. This budgeted amount will provide funding for approximately five months at the proposed rate listed above. Staff recommends starting the program in May to allow better vehicle accessibility to the electric lines. The Committee recommends that the 2004 tree trimming contract be awarded to Asplundh Tree Expert Co. at a cost of $82.26/per crew hour not to exceed $70,000. Policy Revision - Discontinuance of Service - Approval Request. The Town's current policy provides for discontinuance of electric service to accounts that have combined arrears on electric and water service equal to or exceeding $65.00 for 30 days past the due date. The Town Board adopted the Public Utility Commission (PUC) of Colorado's Guidelines for Discontinuance of Electric Service in administering its own policy. Staff from both Light and Power and Finance Departments met to discuss revision of the Town's Discontinuance Policy and presented the following recommendations: 1. Increase the normal and after-hours disconnecUreconnect charge to more accurately reflect current costs and discourage delinquent payment. 2. Replace the two-tier residential deposit with $100 charge applicable to all residential accounts. Reduce the term of deposit retention to one year for residential accounts and two years for commercial accounts. Provide a simpler deposit policy that is user-friendly. 3. Implement a monthly late charge of 1.5% for amounts 30 days in arrears. This late charge amount is a common industry standard. 4. Replace door hangers with telephone notification. Staff explained that the Discontinuation Notice mailed to customers provides phone numbers to local agencies that offer assistance to individuals experiencing financial hardships (i.e., Crossroads, Salvation Army, etc.). The Committee recommends adoption of Discontinuance of Service Policy changes 1-4 listed above. These changes would take effect April 1, 2004, allowing ample time for customer notification. Reports » Monthly Financial Report. The Light and Power Year-End Financial Reports and associated graphs were reviewed. , Misc. Projects Update. Director Linnane presented a summation of departmental projects and Purchased Power Rider Table. » Gem Lake Trailhead Pole Fire. A Porcelain conductor failed causing a minor fire on the pole. The pole has been replaced. WATER DEPT. Estes Vallev Recreation and Park District (EVRPD) Request to Lease 75 Acre Feet (a.f.) of Town-Owned Water Rights - Approval Request. In 2003, EVRPD and the Park R-3 School District requested and received 135 a.f. of Town-leased CBT water rights. Staff recently received another request from EVRPD and the School District to lease an additional 75 a.f. in 2004. The following 2004 projections involve water rights use, not actual water use. • The 2004 water rights available to the Town are projected at 1403 a.f. • The 2004 water rights use is projected at 832 a.f. • The 2004 water rights sum/us is projected at 486 a.f. This amount has taken into account the EVRPD 75 a.f. lease request, as well as the existing lease agreements (85 a.f. total). RECORD OF PROCEEDINGS Utilities Committee - February 12, 2004 - Page 3 An intergovernmental agreement (similar to previous years) would be prepared by Town Attorney White and signed by all parties. The lease would be contingent upon available water supplies and made part of the agreement. Revenue from the lease would be $3,750 (75 a.f. at $50/foot). The Committee recommends approval of the EVRPD/School District request to lease 75 a.f. of Town-owned water rights at $50/a.f., as outlined above. Water Shop Retaining Wall Project - Approval Request. Director Linnane reported that annual spring runoff causes embankment loss along the north property line at the Water Shop. Cornerstone Engineering submitted a Scope for Design and Construction Management at a cost of $5,132 for a concrete retaining wall project that will stabilize the existing embankment. The 2004 Budget includes $60,500 for this project ($3,500 for engineering and $57,000 for construction). Staff will return to Committee with construction bids at the April meeting. Due to the relatively small size of the project, a longer construction period of 90 days will be included in the specs; this may attract more bidders. The Committee recommends approval of the $5,132 Cornerstone Engineering Scope for Design and Construction Managem6nt of the retaining wall project as presented. Water System Vulnerabilitv Assessment Scope of Services - Approval Request. Federal regulations mandate that all public water systems serving between 3,300 and 50,000 people complete a Vulnerability Assessment and develop an Emergency Response Plan by December 31, 2004. All aspects of the system, including computer system security and physical security of the water plants are to be evaluated. Cost summations were received from the following: Versar, Inc. Vulnerability Assessment $14,800 Emergency Response Plan $ 5,000 Total: $19,800 Pinkerton Consulting and Investigation Services Vulnerability Assessment & Emergency Response Plan $ 9,900 Total cost: $ 9,900 The 2004 Budget includes $25,000 for this project. Concluding all discussion regarding federal mandates and funding reimbursement, the Committee recommends approval to proceed with the Vulnerability Assessment and Emergency Response Plan from Pinkerton Consulting and Investigation Services at a cost of $9,900. Water Shop Remodel Prolect - Approval Reauest. Director Linnane reported that due to increased staffing space and phone/computer access requirements, the budgeted Water Shop remodel was changed from a one-bay to a two bay addition. The existing office space available at the Water Shop is 275 square feet. The new office addition will consist of four offices and a common entryway for public access for a total of 843 square feet. The remodel of existing staffing area will create a more secure environment for the SCADA system by incorporating it into an employee-only staff area, which can be removed from public access. RECORD OF PROCEEDINGS Utilities Committee - February 12, 2004 - Page 4 O'Reilly Construction presented the following bid for the new office additions and remodel of existing space for a staff room area: Construction (O'Reilly) $76,000 Performance Bond (Town estimate) $ 2,500 Total cost $78,500 The 2004 Budget includes $60,000 for this project. Additional funds are available from the Vulnerability Assessment and Emergency Response Plan budget excess ($16,000) and Water Shop Retaining Wall budget excess ($2,500). The Committee recommends approval of the Water Shop Addition and Remodel Project by O'Reilly Construction at a cost of $78,500, with the $18,500 deficiency funded from the Vulnerability Assessment and Emergency Response Plan and Water Shop Retaining Wall budget excesses outlined above. Water Tap System Development Fee Study Scope of Services - Approval Request Director Linnane explained that the 2004 Budget Executive Summary includes the Water Tap System Development Fee Study Scope of Services, but the actual budget was printed without this project being included. Per industry standards, the Water Department tap fee is structured to include two fees: a Water Rights Fee (WRF) and a System Development Fee (SDF). The Town's current tap fee is approximately $7,200, which is low compared to tap fees in other Front Range communities. Most water districts and municipalities charge in excess of $15,000 for single-family residence (SFR) water taps. Director Linnane explained that the System Development Fee portion has not changed in over 15 years. Therefore, staff requested Black & Veatch provide a Scope of Services to study the SDF. The existing single-family residence SDF is approximately $2,000. It does not reflect current system costs. The SDF is integral to the funding of the larger capital improvement projects, such as: > The Marys Lake Water Plant > The Marys Lake Raw Water Pump Project ~ The annual Water Main Replacement Project (Loop) ~ The three major Glacier Plant rehabilitation projects > The Glacier Plant 1-million gallon tank > Replacement of the 3-mile long Fall River Road 12-inch water distribution line (see note) * The Fall River Corridor High Zone Tank and distribution line * The $5-million major expansion of the Marys Lake Water Plant, planned for the year 2009 The Black & Veatch scope will study and make a recommendation for all of the tap fee classifications: SFR, multi-family, Accommodations, Commercial Accommodations, and Commercial. The cost of the SDF Scope of Services from Black & Veatch is $15,000. The project is included in the Executive Summary of the 2004 Budget. The Water Department Fund Balance can accommodate the project. If needed, the budget could be supplemented during the fall budget process. The Committee recommends approval of the Black & Veatch SDF Scope of Services at a cost of $15,000. RECORD OF PROCEEDINGS Utilities Committee - February 12, 2004 - Page 5 Reports * Miscellaneous Projects Update. Director Linnane presented a summation of departmental projects. * Monthly Financial Report - Water. The Water Year-End Financial Reports were reviewed. > The snow pack is currently at 80% of normal levels. There being no further business, Chairman Jeffrey-Clark adjourned the meeting at 9:30 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Bob Joseph, Director Date: February 24,2004 Subject: Overlook Condominiums, Final Condominium Map Background. This is a proposal to 440/ Lt»1]41 condominiumize the Overlook development. The development -171 0 plan was reviewed under the l- r guidelines established in the Stanley lij Historic District master plan, which require a Technical Review l Committee and an Architectural Stanley Hotel Control Committee approve the plan. The Overlook Condominium 4 Grounds project development plan received j)ft t,,of approval this past summer, and is X ~ 0" currently under construction. , IF> Wond erview The proposal includes eighteen (18) multi-family units, eleven (11) duplexes (totaling 22 units), and six (6) single- family building sites. The developer is building the multi-family and duplex units, while the single-family buildings will be developed individually. Each of the single- family units will be reviewed for compliance with guidelines established with the overall development plan approval, and includes building height, location, and basic design parameters. The proposal before the Board is for the condominium map of the approved development plan, which will allow for individual sale of the units. This particular map will finalize ten (10) of the multi-family units and three (3) of the duplex buildings (totaling 6 units). The Town Board will see occasional "supplemental" maps as the project develops and finalizes. Budget. N/A Action. Staff recommends APPROVAL of the proposed condominium map for the Overlook Condominium project, CONDITIONAL TO: 1. Compliance with memo from Town Attorney Greg White to Community Development dated February 6,2004, concerning revisions to the condominium declarations. 2. Compliance with memo from Greg Sievers (Public Works) to Community Development dated February 11, 2004, concerning showing drainage facilities on the plat, requirements regarding installation of electric utilities prior to additional building permit issuance, and water line/irrigation installation. 3. Compliance with memo from Jim Duell, Estes Park Sanitation District concerning sanitary sewer. These conditions can all easily be met with the submittal of the final plat maps for recording, or with the submittal of building permit applications. Staff will review the revisions to ensure compliance with all conditions have met, and will review future building permit applications to ensure compliance with the conditions of approval. • Page 2 TOWN OF ESTES PARK T-* -4- 241 J 431542~32*/# 0, .34 *#2 7 '' 318*605:,18<.04.ft 4.V-2 -'' £ e- L .. *·» h>y-f-~ - - Estes Park Area Historical Museum ,- 1 1 -« A February 10, 2004 The Honorable Mayor Baudek Town of Estes Park POB 1200 Estes Park, CO 80517 Dear Mayor Baudek: At their February 9 meeting, the Museum Advisory Board selected Mr. Lyle Polson as their recommendation to fill the Board position vacated by the resignation of Betty Lynn Hull. Mr. Polson is a financial analyst who moved to Estes Park in 2002 after having been a regular visitor for over 40 years. He has a strong interest in history and in volunteer work, having volunteered with both Rocky Mountain National Park and Partners in 2003. Mr. Polson learned o f the opening through his wife Marlys, who attended the 2003 Citizens Information Academy. (Mr. Polson attended one session of the Academy on his wife's behalf.) Attached is Mr. Polson's application to the Board. Please let me know if you need further information. Mr. Polson has agreed to serve if appointed. On behalf of the Museum Advisory Board, thank you for considering this recommendation. Sincerely, 22% KI+VA_ *9 821/ Betty Kilsdonk Museum Director (970) 586-6256 • (970) 586-6029 • RO. BOX 1691 • 200 FOURTH STREET • ESTES PARK, CO 80517 • FAX (970) 577-3768 TOWN OF ESTES PARK Estes Park-Area Historical Museum Advisory Board Application Name Lyle Polson Address745 Elk Trail Court. Estes Park Telephone 586-3829 E-mail Lyle.Polson@zurichna.com ·'· Why arf you interested in serving on the Museum Advisory Board? . Interest in history Desire to contribute to community Our family has built lots of dreams and memories in the Estes Valley, participating on the board would allow me to help other families build areams and memories in the Estes Vallev. What is your background? Previous - Controller and Vice President for insurance enmnany Present - FinanriAl Analys< for samp onmpany (work part-time and tel prommi,+F from Estes Park) . Volunteer wnrk with Rocky Mountain National Park and Partnprs (approximately 700 hours Per year) . Moved to Estes Park in June 2002; havp hmen a regular visitor for over 40 years. Why should you be appointed to the Board? General interest in history and speri fi r interest in the history and heritmgp nf the Estes Valley. would consider it a priviledge to have a role i.n presprvi ng the history of the Estes Valley for future generations. I am willing to serve a 4-year term 3-year term Either x The Board's mission is to "support the programs and policies of the Museum in an advisory capacity for its administration which includes, but is not limited to, drafting policy, collections, long-range planning, budget and finance." The Estes Park Area Historical Museum collects, interprets and preserves local history, as well as presenting exhibits, programs and events, for the education and benefit o f residents and visitors o f all ages. Please fax to 577-3768 or mail to: Estes Park Area Historical Musem, POB 1691, Estes Park, CO 80517,970/586-6256. 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