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Home My WebLink AboutPACKET Town Board 2006-10-24BLE Prepared 10/16/06 Revised 10/23/06 4Â·- ft.. i tÂ·4 6teÂ·>tifiÂ·.9 TOWN OF ESTES PARK 5* '. .Att.,2-..'.~9. f- .;.i, I:.Â·~Â·. 4 ~ wt*-4>fidly 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 natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 24,2006 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated October 10, 2006, Town Board Budget Study Session Minutes dated October 6,2006 and October 13,2006. 2. Bills. 3. Estes Valley Board of Adjustment, October 3,2006 (acknowledgment only). 4. Resolution #25-06 - Schedule public hearing date of November 28, 2006 for Change of Location for a Beer & Wine Liquor License held by SWEET BASILICO CAFE, INC. dba Sweet Basilico Cafe, from 401 E. Elkhorn Ave to 430 Prospect Village Dr. lA. 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" Sdction. 1. CONSENT ITEMS: A. AMENDED PLAT 1. Lots 5 through 10, except the westerly 90 feet of Lots 7 & 8, Beaver Point Heights; All Mountain View Inn & Suites, LLC/Applicant - Continued from the September 26,2006 meeting. B. SUPPLEMENTAL CONDOMINIUM MAP 1. Thunder Canyon Condominiums, Supplemental Condominium Map #6, Lot 22, Amended Plat of Lot 22 and Outlot B, Stanley Hills Subdivision, Roy Johnson/Applicant. C. ESTES VALLEY BOARD OF ADJUSTMENT BYLAWS - AMENDMENT. 1. Amendment to change the regular meeting start time for the Estes Valley Board of Adjustment from 8:00 a.m. to 9:00 a.m. beginning in January 2007. 2. ACTION ITEMS: 1. SISTER CITIES UPDATE. Jim Thompson 2. ORDINANCE #8-06 SECOND AMENDMENT FOR THE SALE OF LOT 4. STANLEY HISTORIC DISTRICT. Administrator Repola & Attorney White 3. TOWN ADMINISTRATOR REPORT. 4. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(E), C.R.S. - For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators Motion: I move the Town Board go into Executive - For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(E). 5. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. hp LaserJet 3015 W J HP LASERJET FAX invent Oct-24-2006 8:48AM Fax Call Report Job Date Time Type Identification Duration Pages Result 489 10/24/2006 8:38:48AM Send 6672527 1:18 2 OK 490 10/24/2006 8:40:12AM Send 5869561 1:17 2 OK 491 10/24/2006 8:41:34AM Send 5869532 1:38 2 OK 492 10/24/2006 8:43:17AM Send 5861691 '2:00 2 OK 493 10/24/2006 8:45:22AM Send 6353677 1:37 2 OK 494 10/24/2006 8:47:04AM Send 5771590 1:46 2 OK hp LaserJet 3015 HP LASERJET FAX invent Oct-19-2006 5:18PM Fax Call Report Job Date Time Type Identification Duration Pages Result 474 10/19/2006 5:08:33PM Send 6672527 1:20 2 OK ' 475 10/19/2006 5:09:58PM Send 5869561 1:18 2 OK 476 10/19/2006 5:11:23PM Send 5869532 1:39 2 OK 477 10/19/2006 5:13:08PM Send 5861691 2:02 2 OK 478 10/19/2006 5:15:15PM Send 6353677 1:41 2 OK 479 10/19/2006 5:17:01PM Send 5771590 1:48 2 OK FicE Prepared 10/16/06 . .1 : 47 '/ 3/ a.twt-Â·i,)1#-Â·l 4 9?114)27 TOWN OF ESTES PARK -iR*Â·.1:>~ ke 7- , r.':liINJ . ./:. 14*324.-'44.1 46.: 04â‚¬6Â·%*<ta igli.1 ..r k..4.4 Â·,1.42~ i; {9Â·~flki3:'4} 3. ~.3.:y.0,... ~,74Â· . ' '*~Â·:1:23}9~22~2.-Â·;,.Â·fÂ«~~4.,'Â«~Â·*1'. .Arip.1... 7%..Mel.. ... / The Mission of tile Town of Eetee Fark le to plan and provide reliable, hi0h-value sen/ieee for our citizens, visitors, and employees. We take dreat pride eneurinG and enhancin0 the quality of life in our community by being dood etewarde of public resources and natural eettin0. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 24,2006 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated October 10, 2006, Town Board Budget Study Session Minutes dated October 6,2006 and October 13, 2006. 2. Bills. 3. Estes Valley Board of Adjustment, October 3,2006 (acknowledgment only). 4. Resolution #25-06 - Schedule public hearing date of November 28, 2006 for Change of Location for a Beer & Wine Liquor License held by SWEET BASILICO CAFE, INC. dba Sweet Basilico Cafe, from 401 E. Elkhorn Ave to 430 Prospect Village Dr. lA. 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. 2'J 1. CONSENT ITEMS: A. AMENDED PLAT 1. Lots 5 through 10, except the westerly 90 feet of Lots 7 & 8, Beaver Point Heights; All Mountain View Inn & Suites, LLC/Applicant - Continued from the September 26,2006 meeting. B. SUPPLEMENTAL CONDOMINIUM MAP 1. Thunder Canyon Condominiums, Supplemental Condominium Map #6, Lot 22, Amended Plat of Lot 22 and Outlot B, Stanley Hills Subdivision, Roy Johnson/Applicant. C. ESTES VALLEY BOARD OF ADJUSTMENT BYLAWS - AMENDMENT. 1. Amendment to change the regular meeting start time for the Estes Valley Board of Adjustment from 8:00 a.m. to 9:00 a.m. beginning in January 2007. 2. ACTION ITEMS: 1. SISTER CITIES UPDATE. Jim Thompson 2. ORDINANCE #8-06 SECOND AMENDMENT FOR THE SALE OF LOT 4. STANLEY HISTORIC DISTRICT. Administrator Repola & Attorney White 3. TOWN ADMINISTRATOR REPORT. 4. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. . Town of Estes Park, Larimer County, Colorado, October 10, 2006 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 10th day of October, 2006. Meeting called to order by Mayor Baudek. Present: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Also Present: Randy Repola, Town Administrator Jackie Williamson, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. FIRE DEPARTMENT "SPARKY' PRESENTATION. Firemen Mark Igel and Dave Coleson were present to introduce "Sparky" a new interactive educational tool purchased with matching grant funds. "Sparky" along with several puppets, also purchased with the grant funds, will be used at the schools this week as a part of Fire Prevention week. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Levine informed the community that Susan Ryder, winner of the Pride Award for Teacher of the Year, was awarded Colorado Teacher of the Year. Trustee Blackhurst reminded the public that the Estes Park Housing Authority would meet Wednesday at 8:30 a.m. in Room 203. Mayor Baudek requested staff and Attorney White address the recent accusations by the Committee for Fair and Equitable Fire Protection that the Town does not have the legal right to take a position on the proposed fire district or fund any portion of the election. Administrator Repola stated the formation of the Other Protection Area (OPA) was at the request of ISO to classify properties outside Town limits. The Town also has an agreement with the County to provide fire protection to properties in the Estes Valley. Either party can cancel this agreement with 15 days written notice. The Committee states the actual cost to provide fire protection to the OPA is less than $90,000/yr. The overall costs for fire protection in 2005 was $761,105 including $477,010 provided by the Town. During the preceding 4 years, half of the fire calls have come from properties outside Town limits; therefore, the cost to provide service to the OPA in 2005 was approximately $370,000. The mill levy requested by the proposed fire district includes funds for future growth, rural substations and the purchase of new equipment. The Committee also states the residents of the valley have worked towards a united Estes Valley and the passage of a separate fire district Board of Trustees - October 10, 2006 - Page 2 would go against these efforts. Staff stated the Town has provided planning services to the valley through an IGA with the County. In return the County makes annual payments for the compensation of an entry-level planner and the Town retains all fees associated with the reviews. This arrangement is similar to the proposed fire district. Attorney White stated no case law has been found to support the Committees claims that there is ample Colorado case law that states the Town cannot stop providing fire protection services to the OPA. The County sheriffs department has the legal requirement to provide fire protection to the OPA. Without the IGA with the County, the sheriff's department could request the municipality to provide fire protection service and if provided, the municipality could assess the property to recover costs. In addition, the Town has the legal right to budget funds for the election and can take a position on the proposed fire district; however, the Town cannot campaign for the district. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 26,2006. 2. Bills. 3. Committee Minutes: A. Public Safety, September 28,2006: 1. Halloween Road Closure - Elkhorn Ave. from Spruce to E. Elkhorn from 5:00 p.m. to 9:00 p.m. B. Community Development, October 5,2006: Community Development 1. Waive Land Use Development Fees for Habitat for Humanity 3-lot project in the Ferguson Subdivision. Administration 2. Appointment of William McNamara to the Stanley Park Theatre Advisory Committee, completing Nancy Stevens appointment, expiring March 31, 2008. 4. Resolution #24-06 - Schedule public hearing date of November 14, 2006 for New Beer & Wine Liquor License Application filed by YAMA INC. dba Sushi Yama Express, 356 E. Elkhorn Ave. #3. Trustee Levine recused himself from item 3.B. 1. It was moved and seconded (Pinkham/Levine) the Consent Agenda Items 1, 2, 3.A.1, 3.8.2 and 4 be approved, and it passed unanimously. It was moved and seconded (Newsom/Homeier) the Consent Agenda Item 3.B.1 be approved, and it passed with Trustee Levine abstaining. 2. ACTION ITEMS: 1. LARIMER COUNTY CRIMINAL JUSTICE ISSUES - UPDATE. County Manager Lancaster provided an overview of the current County criminal justice system that includes treatment, County jail, jail alternatives (work release, weekend program, etc.), court, probation, police, district attorney, community corrections and parole. The current system is not capable of expanding to meet the needs of the community. Currently offenders are only serving 75% of their sentence and the County is discussing the option to request non violent offenders be released after 50% of a sentence is served due to overcrowding. Those offenders that should be housed in maximum-security facilities are being Board of Trustees - October 10, 2006 - Page 3 housed in lower security facilities placing the jail personnel at risk. Referred Issue l A requests the voters of Larimer County to approve a 5-mill levy increase for the next 4 years to provide funds for expansion of the jail, additional alternative programs and treatment facilities for mental health, substance abuse and a detox center. If the measure is defeated there will likely be an increase in early releases, an increase in plea bargains and individual may not be charged for certain crimes. The net effect would be less swift and sure justice. The County estimates a sales tax increase would be needed in the future to operate the new facilities. 2. ESTES PARK URBAN RENEWAL AUTHORITY REAPPOINTMENT. Mayor Baudek requested reappointment of Ron Wilcocks to the EPURA Board for a 5-yr. term, expiring 9/2011. It was moved and seconded (Homeier/Blackhurst) Commissioner Wilcocks be reappointed, and it passed unanimously. 3. LIQUOR LICENSING PRESENTATION. Town Clerk Williamson & Attorney White provided an overview of liquor licensing including the local liquor licensing authority to approve new licenses, transfers and take administrative action for violations of the liquor code. Clerk Williamson also reviewed the different types of licenses, procedures for a new/transfer license, persons prohibited under state statute as a licensee, restriction of applications and renewals. Attorney White stated the local liquor authority (Town Board) under state statue must determine if the reasonable requirements of the neighborhood are or are not met by the present liquor outlets in the neighborhood and the desires of the adult inhabitants. The position of the Town Board has been to grant a license if the licensee and the application meet the state requirements and let the market determine how many establishments are needed in the community. With regard to transfers, the Board only has to determine if the transferee meets the minimum requirements as a licensee. The Town adopted stipulation guidelines in 1999 to provide a consistent set of rules to be used by staff and the local licensing authority. The Board serves as a quasi-judicial body when approving a liquor license. 4. PUBLIC HEARING: NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FILED BY PHILLIPS MANAGEMENT SYSTEMS. INC. dba SMOKIN' DAVE'S BBQ & TAPHOUSE 820 MORAINE AVE. Mayor Baudek opened the Public Hearing and reviewed procedure. Town Clerk Williamson presented the Application and confirmed the Town has not received any communications or evidence in support or opposition to the application, and required T.I.P.S. has not been scheduled. Comments were heard from David & Cat Oelhman/Applicants, who provided personal background information and several signed petitions. They plan on operating the restaurant as a family oriented establishment with hours of 11:00 a.m. to 9:00 p.m. Trustee Levine encouraged the Applicants to be vigilant when serving and that the Board takes very seriously the operation of liquor licenses and the Liquor Code. There being no further testimony, Mayor Baudek closed the Public Hearing. Stating the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Blackhurst/Homeier) the New Hotel and Restaurant Liquor License application filed by Phillips Management Systems Inc. dba Smokin' Dave's BBQ & Taphouse be approved, and it passed unanimously. 5. PUBLIC HEARING: NEW RETAIL LIQUOR LICENSE APPLICATION FILED BY WINE. LLC, dba WINE 332 E. ELKHORN AVE. Mayor Baudek opened the Public Hearing and reviewed procedure. Town Clerk Williamson presented the Application and confirmed the Town has not Board of Trustees - October 10, 2006 - Page 4 received any communications or evidence in support or opposition to the application, and required T.I.P.S. has been scheduled for October 17, 2006. This retail license application is for a boutique wine shop and will not carry the typical stock of a package retail store. Comments were heard from George Hockman/1625 Prospect Estates Dr. spoke out in opposition to a retail liquor establishrWent downtdwn. He is concerned the reasonable requirements of the neighborhood are not a consideration when approving/disapproving new liquor licenses. - Barney Treadway/Applicant thanked the Board for their cdnsideration and presented several signed petitions. He stated the store would provide the citizens and tourists of Estes Park the opportunity to purchase wines that can not be found anywhere in Estes Park. Trustee Levine stated the Town Board takes the liquor laws seriously and strongly encouraged the Applicant to obey and enforce those laws. The Board agreed this application is a unique establishment unlike any other retail store in Estes Park. There being no further testimony, Mayor Baudek closed the public hearing. Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Newsom/Pinkham) the Retail Liquor License Application filed by Wine LLC dba Wine be approved, and it passed unanimously. 6. PUBLIC HEARING: NEW BEER & WINE LIQUOR LICENSE APPLICATION FILED BY CHEESE LLC. dba CHEESE 330 E. ELKHORN AVE. Mayor Baudek opened the Public Hearing and reviewed procedure. Town Clerk Williamson presented the Application and confirmed the Town has not received any communications or evidence in support or opposition to the application, and required T. I.P.S. has been scheduled for October 17, 2006. This beer and wine license application is a unique shop pairing wine and cheese flights with the cheeses served sold on bremise. All wines would be available at Wine next door. Comments were heard from Maggie Treadway/Applicant stating her goal is to educate the public about wine and cheese and how to pair them. She also stated that' all employees would be TIPS trained. Mayor Baudek closed the public hearing. Stating that the Board of Trustees finds that the reasonable requirements of the neighborhood are not met-by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Pinkham/Levine) the Beer and Wine Liquor License Application filed by Cheese LLC dba Cheese be approved, and it passed unarlimously 7. FUNDING FOR HERMIT PARK ACQUISTION. The Town has been asked by the Larimer County Parks and Open Lands to participate in the acquisition of Hermit Park along with several other entities. This matter was discussed by the Board at their September 12, 2006 meeting and referred the item for further discussion to the Community Development Committee. Administrator Repola reviewed the Community Development Committees finding from their October 5,2006 meeting. Mayor ProTem Pinkham recused himself from the discussion due to a perceived . conflict of interest. He provided an update on the current progress in securing the land from the Estes Valley Land Trust point of view: an appraisal has not been completed due to Agilent's access policy for the property; an appraisal should be completed by November/December; Dept. of Wildlife's contribution will be considerably less than hoped for; the employees of Agilent and HP have begun fundraising; the Land Trust has agreed to hold the funds of local fundraising groups; the Land Trust has requested the Town Board consider approving up to $400,000; th'e purchase price for the property most likely will exceed the secured funds from the other entities. Board of Trustees - October 10, 2006 - Page 5 Trustee Blackhurst stated his concerns with the County's timeframe and lack of a contingency plan for the purchase of the property. He stated $400,000 is an excessive amount to spend outside Town limits when there are other projects the Town would like to complete. He questioned if the Town's trail system could connect to the property. Trustee Levine pointed out the Hermit property contains more miles of trails than the Town could afford to build. Trustee comments are summarized: staff should discuss with the County the Town's right of first refusal to continue operations of the park should the County cease to operate it and an annual dividend payment from the County to the Town's Open Space fund in the amount of 1 % of the gross revenues from Hermit Park per year for each $100,000 contributed by the Town towards the purchase price; there is a significant difference in what Agilent and Larimer County Parks and Open Space feel the property is worth; Trustees would like to continue to pursue the acquisition of the property; the Open Space Fund has funds available to contribute up to $400,000; if the contract can not be negotiated the money would remain in the Open Space Fund. Trustee Blackhurst commented he is in favor of the acquisition; however, he is uncomfortable with the higher dollar amount. It was moved and seconded (BlackhursVEisenlauer) to support the acquisition of Hermit Park and provide financial support and it passed unanimously. It was moved and seconded (Levine/Newsom) the Town provide funding in an amount not to exceed $400,000 from the Open Space fund for the purchase of Hermit Park should the purchase of the Hermit Park move forward with the following conditions: 1) The Town shall have first right of refusal to continue operation of the park should the County cease to operate it. 2) The Town requests an annual dividend payment from the County to the Town's Open Space fund in the amount of 1% of gross revenues from Hermit Park per year for each $100,000 contributed by the Town towards the purchase, and it passed with Trustee Blackhurst voting "No" and Mayor ProTem Pinkham abstaining. 8. TOWN ADMINSTRATOR REPORT. â€¢ The Town will host the CAST quarterly meeting and the Board is invited to the dinner on October 26'h and the meeting to be held in the Town Board Room on October 270 â€¢ Public Works Committee meeting has been cancelled and updates on current projects will be placed in the Trustee mailboxes. â€¢ The second of four budget study sessions for 2007/2008 will take place on Friday in the Board Room at 8:30 a.m. â€¢ Homecoming is this weekend. Whereupon Mayor Baudek adjourned the meeting at 9:25 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 6,2006 Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 6th day of October, 2006. Committee: Mayor Baudek, Trustees Blackhurst, Eisenlauer, Homeier Levine, Newsom and Pinkham Attending: All Also Attending: Town Administrator Repola, Finance Officer McFarland, Clerk Williamson Absent None Mayor Baudek called the meeting to order at 8:35 a.m. 2007 & 2008 BUDGET PRESENTATION - GENERAL FUND Town Administrator Repola presented an overview of the budgeting process. In July, Dept. Heads were instructed to update their 2006 budget and produced a two-year budget for 2007/2008; however, only the 2007 budget will be adopted in November. The primary metrics are the fund balances in the General, Light & Power and Water funds as well as the impact on the Capital Improvement Plan. The target fund balance for the General Fund is 30% of annual budgeted expenditures and the utility fund balance targets are 25% of operating expenses plus one year's depreciation. Dept. Heads will present their respective budgets and outline any significant increases in the department's budget for the next two years. Finance Officer McFarland stated the personnel costs and payroll are the largest cost centers when compared to expenditures. Staff is predicting a 4.3% increase in the current staff expenditures including Cost of Living Adjustment (COLA), merit, bonus and CML salary adjustments. Health insurance is predicted to increase 11%; however, if a dual plan is offered, the increase could be less. Workmen's compensation will increase 5% and the Town will pay an additional .5% to PERA next year. Employee assistance plan will increase approximately 2%. GENERAL FUND. Each fund was reviewed and requests for additional information is noted below: â€¢ Legislative - Miscellaneous professional services include an update to the comprehensive plan, citizen survey and any unforeseen projects. The comprehensive plan shall be increased to $20,000. The training budget has been increased due to the rising cost of travel and includes 9 out-of-state conferences, 7 in-state conferences and money for miscellaneous trainings. Award funds shall be removed from the catering and special circumstances line item and a separate award line item shall be created. The Citizen Information Academy will become a line item under the training budget. â€¢ Judicial - Judicial salaries are increased every 2 years by ordinance and have traditionally been increased by 5%. The next increase would be considered during the 2008 budget. The assistant judge is paid an hourly rate and no retainer is paid. The O&M will be updated to include $1,000 left out of the proposed budgets for 2007/2008. â€¢ Executive - The 2006 professional services decreased due to a change in staffing levels; however, the 2007 & 2008 budgets will increase due to the addition of a Deputy Administrator. O&M is down for 2006. A copier purchase has been included in the 2008 budget. Legal services will be allocated to the RECORD OF PROCEEDINGS Town Board Budget Study Session - October 6,2006 - Page 2 appropriate departments, decreasing the budget line item for the executive budget. All Town Board legal expenses would continue to be included in the executive budget. The 2007 budget includes hiring a Human Resources consultant to evaluate the Town's current system and provide assistance in developing new processes and components for an organization the size of the Town. The pay study budgeted for 2006 will not be completed and could be added in 2008 or 2009. â€¢ Finance - Revenues include financial services provided to the Estes Valley Recreation and Parks District and the Library. Personnel increases are due to the reallocation of salaries with corresponding decreases in Light and Power and Water funds. These reallocations along with a transfer from these 2 funds, based on net income instead of gross income, will provide a healthier bottom line for the utilities for the bond market. Staff will confirm when the last RFP for audit services was performed. Trustee Blackhurst requested staff provide a list of all account numbers. Mayor Baudek announced a 5-minute recess at 10:00 a.m., and the meetirig was reconvened at 10:05 a.m. â€¢ Police - Due to the recent vacancies in communications, the department is restructuring the department into three divisions (Police, Communications and Community Services). to become more efficient and cost effective. Communications and records would move under the supervision of an administrative sergeant, an exempt position. A fourth sergeant position would be added with a three-year rotation in responsibilities. This would expose future leaders of the department to all aspects of the organization. The addition of a sergeant position would not increase the overall personnel expense due to the elimination of the 2 communication positions. A Community Services division would be created to address those areas that are not basic police services such as school resource officer, restorative justice, community resource officers, in town code enforcement and animal control. Amanda Nagl/ Restorative Justice Director would be appointed as a civilian director to oversee this division of the department. A Drug Task Force Investigator will start January 1, 2007 and will be assigned to the Larimer County Drug Force with a five-year rotation. The Police will be fully staffed with patrol officers as of the end of this year. Revenues remain steady with a slight increase due to event coverage at the Budweiser Event Center. The event center reimburses the Town in full for overtime paid to the officers that workevents. O&M increases significantly for maintenance contracts in 2008 due to the wireless citation package purchased to reduce records management. A sign directing citizens and tourists to the Police Department will be added. to the government building account. Education fees, uniforms and equipment increased in 2006 with the addition of training and outfitting the new officers; therefore, there will be a corresponding decre'ase in 2007/2008. Two vehicles will be replaced in both 2007 and 2008. â€¢ Police Communications - Providing personnel services for a new director hired by LETA with all expenses directly reimbursed to the Town. LETA revenues should be updated to reflect the reimbursement. Discussion followed on how best to footnote these pass through services. Staff will review accounting options for the LETA pass through and follow up at a future meeting. The supervisor position and communication manager has been eliminated and an administrative sergeant overseeing communications and records has been added. A master communication dispatcher position has been created to provide advancement within the department. Move the replacement of the second floor sliding ddor to the communications center to the governmental buildings budget and complete the project in RECORD OF PROCEEDINGS Town Board Budget Study Session - October 6,2006 - Page 3 2007. No capital expenditures anticipated for 2007/2008 and all communication equipment is replaced by LETA. â€¢ Community Services - Personnel includes 3 FTEs and 3 seasonal employees. Staff will provide a single spreadsheet that shows all 3 police funds to provide a clear picture of the department's overall budget â€¢ Fire - Reviewed the scope of services of the department. Revenues include grant funds for the purchase of mobile data terminals for the fire trucks and a separate grant for a thermal imaging camera. Personnel levels would increase with the approval of a training officer to be added mid year 2007 and an increase of the 31 secretary to full time in 2008. The training officer would maintain the training records; provide quality training, increase the availability of training to the volunteers and respond to calls. This position would also be available to step in when the Chief is not available. 0&M contains funds for the replacement of personal safety equipment. Capital includes funds for a statue to be placed in front of the fire station commemorating the 100th year anniversary of the volunteer fire department. The Board agreed that the volunteers should not be asked to fundraise for the statue; therefore, the Town should purchase the statue. Equipment to be replaced includes fire hose, hydrant flow tester, thermal imaging camera and the replacement of the type 6 (mini pumper) engine that is contingent upon the passage of the fire district. The next Budget Study Session is scheduled October 13th, 8:30 a.m. - 11:30 am There being no further business, Mayor Baudek adjourned the meeting at 12:04 p.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town o f Estes Park, Larimer County, Colorado, October 13,2006 Minutes of a Regular meeting of the TOWN BOARD BUDGET STUDY SESSION of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 13th day of October, 2006. Committee: Mayor Baudek, Trustees Blackhurst, Eisenlauer, Homeier Levine, Newsom and Pinkham Attending: All Also Attending: Town Administrator Repola, Finance Officer McFarland, Clerk Williamson Absent: None Mayor Baudek called the meeting to order at 8:35 a.m. 2007 & 2008 BUDGET PRESENTATION - GENERAL FUND AND RELATED FUNDS. Administrator Repola reviewed the overall picture of the budget including the General, Convention and Visitor Bureau and Community Reinvestment funds. In past years there has been a significant fund balance in the General fund. Recent projects have drawn that balance down, and by 2008, the fund will drop below 30% of O&M. Therefore, any increases in the proposed 2007/2008 budgets will need a corresponding cut. Trustees requested a current copy of the overview be provided each week. Staff emphasized the fact this is a working document that is only as good as the day it is printed. Trustee Homeier stated concern that expenses have increased approximately 32% from 2005 to 2008 without significant revenue to offset these increases. Employee salaries are an increasing portion of the budget and will exceed operational costs. He questioned when the personnel expenses would reach a maximum percentage of the budget. Administrator Repola stated the Town might need to look at outsourcing. Finance Officer McFarland stated the addition of the LETA director as a pass through is causing an artificial increase in personnel costs. The Board agreed a philosophical discussion regarding compensation for personnel is needed to give staff direction. Finance Officer McFarland reviewed revenues/sales tax for the last 12 months and forecasts a 3.5% increase in revenues for 2007 & 2008. Other sources of revenues include franchise fees, general property tax, payments in lieu of taxes and transfers from the utility funds. â€¢ Community Development - Dir. Joseph reviewed the trend line for the department's revenues versus expenses (83% of expenses are recovered). The revenues also ijmplies an increase in workload. 0&M will increase with the addition of legal expenses and IT services. Department is fully staffed with no need for additional personnel. A large format plotter is budgeted for 2007 and will be a shared expense with the museum. Larimer County revenue for 2006 includes the reimbursement of an entry-level planner salary and plan review fees for building permits ($75/building permit). Projected revenues for 2007/2008 do not include miscellaneous building permit review fees. Discussion followed regarding the archival of site plans for residential properties and whether or not the Town should keep the files as permanent records. The state only requires the permit be maintained permanently. It was agreed these records should be RECORD OF PROCEEDINGS Town Board Budget Study Session - Octobef 13, 2006 - Page 2 kept in perpetuity and staff should look at digitizing the files in the future to eliminate the need for additional filing space. â€¢ Protective Inspections - Revenues were estimated conservatively for 2007/2008 as they are a function of workload, and therefore, difficult to predict. A new fee schedule will be proposed at the Community Development Committee meeting in November for 2007. The latest International Building Codes will be adopted in 2007. O&M includes IT services and $5,000 for possible contract labor. â€¢ Buildings - No capital projects are budgeted for 2007/2008. Personnel costs increased in 2007/2008 with the reallocation of cost and should be updat6d to reflect this change. Cleaning contracts have increased over the last couple of years due to the increase in service level and the number of facilities; however, the 2007/2008 budgets have remained static. These companies provide a continual level of service (14 staff) that the Town would not be able to provide if the service was brought in house. Mayor Baudek announced a 7-minute recess at 9:58 a.m., and the meeting was reconvened at 10:05 a.m. â€¢ Engineering - O&M expenses will increase in 2007 for the post office parking lot design. The river wall along Wiest Dr. is in need of repair; however, EPURA is planning on completing the riverwalk.Along Wiest Dr. next year. Funds have been included as a contingency if the repair needs to be completed earlier. â€¢ Streets - Capital purchases include a street sweeper and the post office parking lot for 2007 and a new 1 -ton truck and a retaining wall along Virginia Dr. for 2008. No additional personnel are being requested. â€¢ Sanitation - This fund will be absorbed into the Streets Department (3100) in 2007. Waste Management provides trash pickup once a day and after special events. Staff will be reviewing this contract in the future. â€¢ Parks - Personnel costs increaseed by $70,000 in 2007. Staff levels appear to be the same as 2006. Staff will provide an explanation of the increase in personnel costs at the next meeting. Total expenses increased from 2005 to 2006 due to a rollover for a vehicle purchase, bond park redesign and playground equipment. Capital includes vehicle purchases in both 2007 & 2008 and a new concrete planter along the sidewalk near the Diary Queen (Elkhorn/Riverside). Funds have been included to hire a consultant to determine an action plan for the pine beetle. Staff is collaborating with the National Park to use the same contractor for spraying of the pine beetle. $40,000 is included in the 2007 budget for the repair of backflow preventors along Riverside. â€¢ Conservation Trust - Bond Park and Tregent Park improvements are budgeted for in 2007. â€¢ Fleet - The addition of a mdchanic in 2008 should be removed from the budget. The budget shall be updated to reflect the correct personnel costs. This fund maintains a fund balance that will be used to fund maintenance of the building as well as purchase of new equipment. â€¢ Vehicle Replacement Fund - Funds are transferred from each department with vehicles to fund depreciation of current vehicles and accumulate funds for the replacements of those vehicles in lieu of purchasing vehicles through a bank loan. Staff is considering other options such as a motor pool that owns the vehicles and the individual departments pay a fee based on mileage to generate capital for the purchase of new vehicles. Discussion followed on when and how to determine which vehicles should be purchased from this fund. Vehicles that are paying into the fund could be purchased such as the police vehicles. If the fund were used now to purchase all new vehicles and equipment, it would go negative. Staff will evaluate which new vehicles in the proposed 2007/2008 budgets could be purchased from this fund. â€¢ Salary - Staff is considering 3.5 to 3.9% that could include COW\, merit, bonus and CML salary adjustments. Staff is evaluating the cost of providing a housing stipend for those positions that are required to be on call and available within a RECORD OF PROCEEDINGS Town Board Budget Study Session - October 13, 2006 - Page 3 certain timeframe and first responders. A stipend would only be available up to a yet to be determined salary range. Town could provide incentives for employees to purchase a home through forgiveable loans, no interest loans, etc. Staff will continue to look at other creative ways for employees to live in Estes Park, look at the future uses of the fish hatchery property and determine how many employees live in the valley. The next Budget Study Session is scheduled October 20, 8:30 a.m. - 11:30 a.m. There being no further business, Mayor Baudek adjourned the meeting at 11:34 a.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS -7 - --1.IFT Regular Meeting of the Estes Valley Board of Adjustment October 2,2006,8:00 a.m. Board Room, Estes Park Town Hall Board: Chair Cliff Dill; Members Chuck Levine, John Lynch, Wayne Newsom, and Al Sager; Alternate Member Bruce Grant Attending: Chair Dill, Members Levine, Lynch, and Sager Also Attending: Director Joseph, Planner Shirk, Recording Secretary Roederer Absent: Member Newsom, Alternate Member Grant, Planner Chilcott Chair Dill called the meeting to order at 8:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. CONSENT AGENDA The minutes of the September 12, 2006 meeting. There being no corrections or additions, the minutes were approved as submitted. 2. ALL EAST ELKHORN ADDITION, 363 E. Elkhorn Avenue, Applicant: Sprint Nextel & MacTec - Variance request from Estes Valley Development Code Section 4.4, Table 4-5, to allow the addition of two new outdoor equipment cabinets on the rooftop of the WestStar Bank building at a height of 45 feet in lieu of the 30-foot height limit Planner Shirk reviewed the staff report. He stated this is a request to add two new equipment cabinets serving three panel antennas to the existing WestStar Bank building at a maximum height of forty-five feet in lieu of the thirty-foot-maximum height limit. Only the equipment cabinets are subject to the variance request because the Estes Valley Development Code has an allowance for antennas to extend ten feet above the thirty-foot height limit. Although the proposed cabinets would be at a maximum height of forty-five feet, they would be lower than the existing cabinet, which is at a height of forty-six feet. If approved, the proposed panel antennas will be attached to the side of the building and painted to match. The building was granted height variances in 1978 and 1979, and the existing parapet walls will provide an effective screen of the proposed mechanical cabinets. Given that the proposed additions would be lower than the existing structures and would blend into the existing building, it is the opinion of planning staff that the variance is not substantial and the essential character of the neighborhood would not be altered. This request was submitted to all applicable reviewing agency staff and to neighboring property owners for consideration and comment. No significant issues or concerns were expressed by reviewing agency staff relative to code compliance or to the provision of public services. No comments were received from neighbors. Planning staff recommends approval of the request. Public Comment: Brad Johnson was present to represent MacTec and Sprint Nextel. In response to a question from Member Levine, he stated the proposed antennas will serve only Sprint Nextel customers because different technology is used by other cell phone companies. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 October 3,2006 It was moved and seconded (Levine/Sager) to approve the variance request for All East Elkhorn Addition, 363 E. Elkhorn Avenue, to allow the addition of two new outdoor equipment cabinets on the rooftop of the WestStar Bank building at a height of 45 feet in lieu of the 30-foot height limit, with the findings and conditions recommended by staff, and the motion passed unanimously with one absent. CONDITIONS: 1. Full compliance with applicable building codes, including design criteria such as gravity and wind loads. (Building permits are required.) 2. The proposed antennas shall match the color of the existing bank building. 3. REPORTS Director Joseph requested that the Board Members consiBer changing the start time of Estes Valley Board of Adjustment meetings to 9:00 a.m. beginning in January 2007. Each Member present stated he had no objection. Director Joseph noted the Town Board and Board of County Commissioners must approve an amendment to the bylaws in order to institute the new meeting start time. It was moved and seconded (Sager/Levine) to recommend to the Town Board of Trustees and the Board of County Commissioners that the start time of Estes Valley Board of Adjustment meetings be changed from 8:00 a.m. to 9:00 a.m. beginning in January 2007, and the motion passed unanimously with one absent via voice vote. There being no further business, Chair Dill adjourned the meeting at 8:12 a.m. Cliff Dill, Chair Julie Roederer, Recording Secretary D-RAFT RESOLUTION # 25-06 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a Change of Location for a Beer and Wine Liquor License, filed by, SWEET BASILICO CAFE, INC. dba Sweet Basilico Cafe, from 401 E. Elkhorn Ave to 430 Prospect Village Dr., is October 23,2006. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Town Hall, 170 MacGregor Avenue, on Tuesday, November 28,2006 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.8 miles, as measured from the center of the applicant's property. DATED this day of ,2006. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Ill TOWN Of [ST{$ PARK Community Development Department Memo TO: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Alison Chilcott, Planner 11, and Bob Joseph, Community Development Director Date: October 19, 2006 Re: Lots 5 through 10, except the westerly 90 feet of Lots 7 & 8, Beaver Point Heights; All Mountain View Inn & Suites, LLC/Applicant Background. This is an amended plat/minor subdivision application to consolidate four lots into one. The property has been developed as, and functions as, one lot. It is zoned "A" Accommodations/Highway Corridor and \s approximately 1.52 acres. The Estes Valley Planning Commission recommended conditional approval of the application at their August 15, 2006 meeting. All conditions have been addressed with the exception of Conditions #4 and #5, which did not require revisions to the application. Budget. Location Map None. 'i / Action. 80 Heinz Park;Way Approval of the plat with the Estes Valley "E" "IE-1 " . - 4 .- - V.. --JLk High Dr. Planning Commission findings, isi e . , conditioned on (1) Compliance with RMNP 1 6- Planning Commission Condition #4, (2) Compliance with Planning Commission US 36 r -7 condition #5, (3) Revision of the %146 + I dedication statement to be consistent with Estes Valley Development Code, Appendix B, Attachment A, (4) Removal j 1 of all references to building setbacks and landscape buffers, and (5) Removal of the postal cluster box pull- off symbol. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner +I~ Date: October 24,2006 Subject: Supplemental Condominium Map - Thunder Canyon Phase 6 Background. On April 13, 2004, the Town Board approved the map of the L-_3-~ 1-/-3-- T 1. 111 - L--4 1 1 Site Thunder Canyon Condominiums, which are currently under construction. L _ ~ 05\0Â»-0 1- 6<1.rf- i F l ,4 tr This is the sixth and final supplemental map, which finalizes building A. Condominium maps cannot be finalized Stanler- Hotel j -T-7 j :ft- f \ l /Â«1 until they are substantially complete, ,---13Â· 1 ....> ,** 1- _C_.1.' t. k- which is why this map is before the K----fl C \-24 Town Board now. + ./ . 2,1 N , 1\ \//1\- The site is located at 720 Black Canyon Drive. Budget. N/A Action. Staff recommends APPROVAL of the Sixth Supplemental Condominium Map of Thunder Canyon Condominiums CONDITIONAL TO compliance with Development Plan 03-12 "Thunder Canyon;" AMENDMENT TO THE SUPPLEMENTAL RULES OF PROCEDURE FOR THE ESTES VALLEY BOARD OF ADJUSTMENT This Amendment to the Supplemental Rules of Procedure for the Estes Valley Board of Adjustment is made this day of , 2006 between the TOWN OF ESTES PARK, COLORADO, hereinafter referred to as the "Town" and the BOARD OF COUNTY COMMISSIONERS, Larimer County, Colorado, hereinafter referred to as the "County". WHEREAS, the Town and County entered into an Intergovernmental Agreement effective the 1St day of February 2000 for the purpose, among others, of establishing a joint zoning Board of Adjustment for the Estes Valley Planning Area, and; WHEREAS, the Town and County approved the Supplemental Rules of Procedure for the Estes Valley Board of Adjustment on February 13, 2004 (Town) and February 3,2004 (County), and; WHEREAS, the Estes Valley Board of Adjustment adopted the Supplemental Rules of Procedure on April 6,2004, and; WHEREAS, the parties hereto wish to enter into this Amendment to the Supplemental Rules of Procedure for the Estes Valley Board of Adjustment. NOW, THEREFORE IN CONSIDERATION OF THE ABOVE AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, the parties agree as follows: The Supplemental Rules of Procedure for the Estes Valley Board of Adjustment are hereby amended by a change to paragraph I(A) as follows: I. Meetings A. Regular meetings shall be held on the 1St Tuesday of each month at 9:00 a.m., unless the preceding Monday is a holiday, in which case the meeting shall be the 2nd Tuesday. Meetings shall be held in the Board Room of the Municipal Building, Estes Park, Colorado, or other designed time and place. All meetings and actions shall comply with C.R.S. 24-6-402 regarding open meetings and any subsequent amendments to said statute. 1. If it is determined sufficiently in advance of any meeting that a quorum will not be present, the Chair shall reschedule the meeting by phone call or by written notice to each member confirming the date change. The staff shall notify affected petitioners of the rescheduling by telephone or by postcard and notice of the time and place of the rescheduled meeting shall be published in a newspaper of general circulation in the usual manner. 2. If there is insufficient time prior to a meeting to notify members and petitioners by telephone or written notice that a quorum cannot be obtained, the Chair shall announce at the meeting that the meeting is being rescheduled to another date and time certain. The staff shall notify affected petitioners of the rescheduling by telephone or by postcard and notice of the time and place of the rescheduled meeting shall be published in a newspaper of general circulation in the usual manner. All other terms and conditions of the Supplemental Rules of Procedure for the Estes Valley Board of Adjustment shall remain in full force and effect. Approved by the Town Board of Trustees this day of ,2006. Attest: Town of Estes Park By: Jackie Williamson, Town Clerk John Baudek, Mayor Approved by the Board of County Commissioners this day of ,2006. Attest: Larimer County Board of Commissioners By: Deputy Clerk of the Board Glenn Gibson, Chair Adopted this day of ,2006. Estes Valley Board of Adjustment By: Cliff Dill, Chair . NEAL PEIRCE COLUMN For Release Sunday, September 10, 2006 Used by permission Â© 2006 Washington Post Writers Group BREATHING HOPE INSTEAD OF FEAR: SEPT. 11's OTHER ANNIVERSARY By Neal Peirce Must Sept. 11 forever be remembered exclusively for the terrorist attacks of five years ago this Tuesday? For contrast, reel the clock back to another Sept. 11 morning, in 1956, precisely 50 years ago this week: President Dwight D. Eisenhower opens the first White House Conference on Citizen Diplomacy. Recognizing the budding sister city programs ofU. S. communities reaching out to former enemies in Japan and Germany, Eisenhower starts the ball rolling for founding Sister Cities International and People-to-People International. A half century later, Eisenhower' s legacy has flowered in thousands of Americans' interactions and relationships with their sister citizens of the globe. Today, in fact, 800 American communities are engaged in 2,200 sister city relationships, focused on cultural contacts and exchange visits, from high schoolers to chambers of commerce, with partners in 134 nations around the globe. Why is "citizen diplomacy" important? Eisenhower had no doubt: "the most worthwhile purpose there is in the world: to help build the road to peace." All people basically yearn for peace, said Eisenhower -- an observation that' s still true of ordinary folks across the globe, notwithstanding the dark shadow of Islamic Jihadism. The challenge, said Eisenhower, is "for people to get together and leap governments-- if necessary to evade governments -- to work out not one method but thousands of methods" by which people can gradually "dispel ignorance, "C, strengthen friendships, " C, learn from others." What a refreshing call, in a super-security age, back to the glowing, most hopeful side of the American experience ! And to hear, in the midst of our Iraqi venture, this admonition from our past Republican president and five-star General ofthe Army in World War II: "Every bomb we can manufacture, every plane, every ship, every gun, in the long run has no purpose other than the negative: to give us time to prevent the other fellow from starting a war, since we know we won't." So why Sister Cities now? Succinctly, in the words of U. S. Rep. Jim Leach (R-Iowa), because "the world needs to breathe hope instead of fear." But they're practical, immediate reasons too. One is to offset the dangerous levels of anti-American sentiment now rising across the world, Plus, say supporters, people-to-people exchanges work to correct the disturbing ignorance of Americans about the world outside our borders. Most countries put high value on learning other languages, appreciating other world cultures -- "but we Americans too often treat them as fluff," notes William Stafford, head of the Trade Alliance of Greater Seattle and a prime supporter of Seattle's 21 global sister city relationships (from Chongqing, China to Haiphong, Vietnam, to Izmir, Turkey). In the wake of the Sept. 11, 2001 attacks, Sister Cities began an Islamic Peace and Friendship initiative, fighting upstream but resolutely against today' s waves of hostility and misunderstanding. Indeed, one of the most powerful moments at Sister Cities International' s 50th anniversary celebration in Washington in July came in remarks from Maya Alkateb, a 21- year old Syrian student who'd recently spent a year in the U.S. under the post-2001 Youth Study and Exchange Program. Alkateb, in fluent English, explained how, at home, she'd been warned she wouldn't be well received or safe in the U. S. But she found herself warmly greeted by her host family and community and forged strong relationships. She'd earlier planned to be a doctor, but on return to Syria she shifted to political science. Her goal: to be a major player in Syria in behalf of peace through the political process. And, she added, to delight of her listeners -- "I believe I can become the first woman president of Syria!" It's difficult, in today's atmosphere, to multiply U.S.-Islamic ties, but the number of city-to- city relationships has risen from 42 to 64 since 2001, reports Tim Honey, Sister Cities executive director. When the south Lebanon city of Qana was bombed by Israel, killing at least 28 including children during the recent Mideast hostilities, an immediate expression of deep people- to-people concern came from Qana's sister city of Dearborn, Mich. New ties with the Arab Towns Organization is in the offing. On another track Sister Cities has launched a"Network for Sustainable Development" to help cities around the world exchange ideas on such topics as air quality, clean water, renewable energy, affordable housing and town redevelopment. Global warming, says Honey, will be a major part of the agenda -- and fittingly so for the first challenge of history in which virtually every community on earth has a direct and compelling interest. Sister Cities is a network of communities -- not an arm ofthe federal government. But shouldn't Congress expand support dramatically beyond the token $400,000 -- less than a Pentagon budget rounding error -- the program now receives from the State Department? With regular diplomacy flailing and armed interventions ending in ashes, citizen diplomacy needs not a little but a big boost. 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S 3 41 aes Aepseupe uosd ls@Jo einooue 11!M pue aidoed M se 'poddnS lueUJUJeAOB ouop aq 1 uo Mje Estes Park and Monteverde Area Water Resources Visitors e los N eu 4SI AGUOU.1 19 - apjaAelll IN ]~r~In 'juelue6euell.I '8 lellue 0 Ald3 UO se IleM se 'SBU!188lll '(118/\ASe l.ls!IBu3 .)111'd salsi[ luasatda.1 01 p d 3.438415!nD ailloN puto ually 311340!IN 'Â·tapaoltios m stream flow. At the en pril and early May' wat n's recommendations ve de, aso ue inoqv WIN sainpold in us for TJDJâ€ž P @MOA Sew mp lualutilmÂ·'131ua JSIS JnO pue eplaA hiesseoeu se cloud JOAGJUO Jo uoileziu delegates %!Â·t .41# tatunwoM 11100 . Karina ut Â·s 113!.4 :11311 Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola ~ Date: 10/19/2006 Re: Request to extend Technical Review for Lot 4, Stanley Historic District Background: The Town of Estes Park is under contract to sell Lot 4, Stanley Historic District to LoWED, LLC, for $1.25 million. The amended contract required LoWED, LLC to gain Technical Review Committee approval by November 1, 2006. Due to a combination of circumstances, we do not anticipate that technical review can be completed by November 1. Therefore, staff recommends extension of the due date for Technical Review Committee approval to December 1, 2006. Town Attorney White has drafted an amendment to the contract and an ordinance for your consideration. Attorney White has been in discussion with the buyefs attorney and will provide details of the extension at the August 8 meeting. Budget There is no budget impact. Action: Staff requests consideration of the request by staff, to extend the due date for Technical Review Committee approval of the Lot 4 development proposal. 1 ORDINANCE NO. 08-06 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE REAL ESTATE SALES CONTRACT FOR THE SALE OF LOT 4, STANLEY HISTORIC DISTRICT ADDITION TO THE TOWN OF ESTES PARK TO LOT4ED, LLC. WHEREAS, Section 31-15-73 (1)(b) C.R.S. provides that Estes Park, by ordinance, may dispose of any property not held or used for park purposes or any governmental purpose upon terms and conditions the governing body may determine; and WHEREAS, pursuant to Ordinance 5-06 the Real Estate Sales Contract dated February 14, 2006 and the First Amendment to the Real Estate Sales Contract executed August 9,2006 were ratified and approved by Ordinance 5-06 adopted by the Board of Trustees on August 8,2006; and WHEREAS, the Second Amendment to the Real Estate Sales Contract for Lot 4 amends the First Amendment by extending the review date of the Amended Development Proposal pursuant to the Stanley Historic District Master Plan Review Process from November 1, 2006 until December 1, 2006; and WHEREAS, it is hereby determined by the Board of Trustees of the Town of Estes Park that the Second Amendment to the Real Estate Sales Contract should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS: 1. The Second Amendment to the Real Estate Sales Contract attached hereto as Exhibit A and incorporated herein by reference is hereby approved. 2. The appropriate elected officials and administrative staff of the Town of Estes Park are hereby authorized to close the sale of Lot 4 according to the terms and conditions of the Real Estate Sales Contract, the First Amendment to Real Estate Sales Contract, and the Second Amendment to the Real Estate Contract without further action and approval of the Town Board. 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. 1 Passed and adopted by the Board of Trustees of the Town of Estes Park, Colorado this day of ,2006. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2006 and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of ,2006. Town Clerk 2 SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT This SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT (hereinafter referred to as the "Second Amendment") is entered into the day of October, 2006 by the Town of Estes Park, a municipal corporation (hereinafter referred to as "Seller"), and LOT4ED, LLC (hereinafter referred to as "Purchaser"). PREMISES: WHEREAS, the Parties entered into the Real Estate Sales Contract on February 14, 2006 (hereinafter referred to as the "Contract"); and WHEREAS, the Parties entered into the First Amendment to Real Estate Sales Contract on August 9,2006 (hereinafter referred to as the "First Amendment"); and WHEREAS, Paragraph 11.11 (a) of the First Amendment provides that the Purchaser shall obtain approval of its Amended Development Proposal pursuant to the Stanley Historic District Master Plan Review Process on or before November 1, 2006; and WHEREAS, the Parties mutually agree that said date for approval shall be changed to on or before December 1,2006; and WHEREAS, the Parties desire to amend the First Amendment to address as stated above. AGREEMENT: NOW, THEREFORE, for and in consideration of the Premises, the payment of the sums described herein, the respective covenants, agreements and obligations hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser do hereby agree as follows: 1. The Paragraph 11.11 (a) of the First Amendment shall be amended by deletion of the date "November 1,2006" and insertion ofthe date "December 1,2006". 2. All of the other terms and conditions of the Real Estate Sales Contract and the First Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereby execute this Second Amendment effective as stated herein. SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT SELLER TOWN OF ESTES PARK By: Mayor ATTEST: TOWN CLERK ' STATE OF COLORADO ) ) SS COUNTY OF LARIMER ) SUBSCRIBED AND SWORN to before me this day of , 2006 by , Mayor o f the Town of Estes Park. Witness my hand and official seal. My Commission Expires: Notary Public SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT PURCHASER LOT4ED, LLC By: STATE OF COLORADO ) ) SS COUNTY OF LARIMER ) SUBSCRIBED AND SWORN to before me this day of , 2006 by Ed Grueff, of LOT4ED, LLC. Witness my hand and official seal. My Commission Expires: Notary Public SECOND AMENDMENT TO REAL ESTATE SALES CONTRACT DRAFT Estes Park Chamber of Commerce & Town of Estes Park October 2006 In the interest o f resolving the current legal dispute between the Chamber o f Commerce and Town, the following steps are proposed to renew the relationship between the two entities. Initially, and without any action required by the Chamber, the Town will take the following action: â€¢ The Town will assist the Chamber with up to $1,500 to produce th~ply "business kit" notebooks. The Town will also assist in developing an electronic versiotivthd? can be emailed to interested parties. r--- 17 Furthermore, if the Chamber chooses to drop the current appeal.Of their initial lawsuit, the Town will take the following actions: * '''* 2. r f $4.4 10..P> \:7 â€¢ The Chamber will nominate and the Mayor will 40#ointtior 2) Chamber member(s) to the CVB policy advisory board. <Â£ â€¢ The Town will assist the Chamber with operating eipBuses by paying to the Chamber an 4-1 ,*-*-, v. 5,0 amount equal to 3% ofthe combined revenues from business and liquor licenses. This y + percentage could become an annual apl*priation: â€¢ The Town will assist the Chamber with:hdyeftisieand sponsorship oftheir special events. Advertising assistance will be.p@vided 19 CVB staff based upon a written summary of events provided by th# Cnimber\Sponsorships for events will be provided up to $5,000 annually. Sponsorships will 1* subject to approval of the concepts submitted and each event is ef~keted wigdderate its own support in an escalating fashion such that by year 3 the Town'is 99-longerfsupporting the event. The Chamber will develop new event con9~tkannrially in order to receive the same level of funding. â€¢ The Town will cospondottbusindss:to-business seminar topics with the Chamber up to $XX starting in year oni*i klectihing over a three-year period. At the end of three years, the Town will th* couspdnsor mutually beneficial seminars on a case-by-case basis. â€¢ The Town will beJome a member of the Chamber. â€¢ Chamber and*Town re~esentatives will collaborate to improve other operational issues includi~g, bzit not limitbd to Website operations, fulfillment material development and distribution and lead generation and distribution. â€¢ The Tkn will A pursue recovery of damages from any individual, business or the Chamber'for,Â·colts incurred as part ofthe current complaint and subsequent appeal. DRAFT