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Home My WebLink AboutPACKET Town Board 2007-10-094 'Flle . Prepared 9/28/07 *Revised 10/09/07 A-0&4~3*>-. 60*. dkN{ bi~..Â·fiti: ,;-A *4*-s.' 12Â©71Â¢:.2..45.1.4149 69;1.&711Â·:~:7. 3 42.434.1 r 44 4-4 1.f/f ~'-44/:4 11~ TOWNIDEESTES~JPARK * :1~~~:r 142 :Â·:Â· - . ' 1.1,6,6422..'44*...65 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 9,2007 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. * PROCLAMATION - Proclaiming October 7 - October 13, 2007 "Public Power Week." PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 25,2007. 2. Bills. 3. Committee Minutes: A. Public Safety, September 27,2007: 1. Halloween Road Closure - Elkhorn Ave. from Spruce to E. Elkhorn B. Community Development, October 4,2007: CVB 1. 2007-2008 Rooftop Rodeo Committee Appointments. 2. Stanley Park Fairgrounds Marquee Remodel - $7,652. Senior Center 1. Catering for All Occasions 2008 Contract. 2. ACTION ITEMS: 1. * APPOINTMENT OF LENIE A. ROOS-GABRIDGE TO THE ESTES VALLEY PUBLIC LIBRARY DISTRICT BOARD, 4-YR. TERM, DECEMBER 2011. Mayor Baudek. 2. PUBLIC HEARING - 2008-2010 WATER RATE INCREASE - ADOPTION OF ORDINANCE #18-07. Utilities Director Goehring. 3. COMMUNITY SPECIAL EVENT VENDOR LICENSING - ADOPTION OF ORDINANCE #19-07. Town Clerk Williamson 4. TOWN ADMINISTRATOR REPORT. Â· 5. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(E), C.R.S. - For the purpose of determirling positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators regarding Lot 4, Stanley Historic District. Motion: I move the Town Board go into Executive Session- For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators regarding Lot 4, Stanley Historic District, under C.R.S. Section 24-6-402(4)(E). 6. 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, September 25,2007 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 25th day of September, 2007. Meeting called to order by Mayor Baudek. Present: John Baudek, Mayor Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Wayne Newsom Also Present: Randy Repola, Town Administrator Jacquie Halburnt, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: Chuck Levine Mayor Baudek called the meeting to order at 7:00 p.m. and invited any person desiring to participate to stand and recite the Pledge of Allegiance. PUBLIC COMMENT. David Habeckedl 100 Big Thompson Ave. repeated his assertion that the Town Board should not begin their meetings with the Pledge of Allegiance. Paul Fishman/321 Big Horn Dr. spoke to respect. He stated he respects Mr. Habecker's right not to stand for the Pledge; however, he does not have to respect the man that made that decision. He stated that perhaps Mr. Habecker was removed from office because he failed to remember that elected officials are hired to serve the people not themselves. TOWN BOARD COMMENTS. Trustee Blackhurst reminded the public that the Public Safety Committee would meet Thursday at 8:00 a.m. in the Town Board Room. Mayor Baudek commented the Board meetings on November 13th and December 25th have been cancelled. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated September 11, 2007 and Study Session Minutes dated September 11, 2007. 2. Bills. 3. Committee Minutes: A. Public Works, September 13,2007 1. 2007 Elgin Road Wizard Street Sweeper - $187,475, Budgeted. 2. Salt and Sand Storage Tent - $32,525. 3. Big Thompson River Bank Stabilization North of CVB - $10,000, Budgeted. B. Utilities, September 20,2007. 1. Dry Gulch Direct Bury Replacement Phase I - Selcon Utility and Light & Power Department, $124,767 - Budgeted. Board of Trustees - September 25,2007 - Page 2 2. 2007 Christmas Decoration Installation & Maintenance - T.A. Enterprises, $43,000 - Budgeted. 4. Agreement with RRC Associates to provide a Housing Assessment Study. 5. Qwest ISDN PRS/DSS Autumn's Colorful Offer Agreement. 6. Estes Valley Planning Commission, August 21, 2007 (acknowledgement only). 7. Estes Valley Board of Adjustment, September 11, 2007 (acknowledgement only). Mayor ProTem Pinkham and Trustee Blackhurst recused themselves from Item 4. It was moved and seconded (Pinkham/Newsom) Items 1, 2, 3, 5, 6 and 7 be approved, and it passed unanimously. After discussion, it was determined that Mayor ProTem Pinkham and Trustee Blackhurst did not have a conflict of interest and it was moved and seconded (Pinkham/Eisenlauer) Item 4 be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for the following Consent Agenda Items: 1. CONSENT ITEMS: A. AMENDED PLAT 1. Lot 46A of the Amended Plat of Tracts 42,43 & 46, Fall River Addition, Van Horn Engineering/Applicant. B. PRELIMINARY CONDOMINIUM MAP 1. The Timbers of Estes, Lot 3, Schroeder Subdivision, Mark Theiss/Applicant. As there were no further comments, Mayor Baudek closed the public hearing and it was moved and seconded (Newsom/Homeier) the Consent Agenda be approved with Staff conditions of approval, and it passed unanimously. 2. ACTION ITEM: SPECIAL REVIEW 07-03, Tract 19, Beaver Point Addition 2nd Filing, H&C Properties/Applicant. Mayor Baudek opened the Public Hearing and Planner Shirk reviewed the staff report. He stated this request is for a "U-Haul' truck/trailer rental business to be located at 701 Elm Road. The applicants are operating under a temporary use permit that expires this fall. This use is permitted with a Special Review in the I-1 zoning district. The Planning Commission recommended approval at their August 21, 2007 meeting. No neighborhood comments were received. As there were no comments, Mayor Baudek closed the public hearing and it was moved and seconded (Newsom/Pinkham) the Special Review 07-03 be approved with Staff conditions of approval, and it passed unanimously. 2. ACTION ITEMS: 1. B-READY PRESENTATION. Board of Trustees - September 25,2007 - Page 3 Community Services Mgr. Nagl presented the B-Ready Campaign, a partnership between the Citizen Corp., a local and national volunteer organization sponsored by FEMA, of which the Police Auxiliary is a member and Ready Colorado to promote disaster preparedness in our community. The B- Ready cutout has traveled to and from businesses and homes, promoting those he visits to do something to prepare for an emergency. A presentation on emergency preparedness was done at the Estes Park Senior Center where seniors were able to ask questions on preparing for an emergency as well as show them examples of items that should be included in a 72 hour survival kit. Brochures were distributed to assist them in making a plan, packing a kit and making a difference. 2. AUDIT SERVICES. The Town Board of Trustees has contracted with Swanhorst & Company as its independent contractor since 2002. Finance Officer McFarland stated the Audit Committee solicited bids through an RFP process for audit services for 2007 - 2011. Three firms responded with the following bids. â€¢ Swanhorst & Company, LLC $104,000 â€¢ Hirsatsuka & Schmitt, LLP $144,980 â€¢ Bondi & Company, LLC $147,000 The Government Accounting, Auditing and Financial Reporting (GFOA) recommends that an RFP process be performed periodically to allow for the consideration of alternatives; however, there are limited options available for public accounting and switching auditors can potentially be counterproductive. In addition, references for Swanhorst & Company were checked with the cities of Lakewood, Loveland and Golden, all of which have been satisfied with the services provided and have renewed contracts with Swanhorst & Company. After further discussion, it was moved and seconded (Newsom/Pinkham) the Town Board of Trustees contract with Swanhorst & Company for independent auditor services for 2007 - 2011, and it passed unanimously. 3. RESOLUTION #10-07 - RENAMING THE MONTH OF OCTOBER TO "ELK- TOBER". Administrator Repola commented the Resolution would officially rename October to "Eli<-tober" in an attempt to acknowledge the elk, one of Estes Park's unique assets and to highlight that autumn is a great time to visit Estes Park. Trustee Homeier suggested the Town should distinguish itself from other communities and embrace the concept of Estes Park as the Elk Capital. It was moved and seconded (Eisenlauer/Pinkham) to approve Resolution 10-07 and instruct staff to investigate the possibility of naming Estes Park the Elk Capital, and it passed unanimously. 4. TOWN ADMINISTRATOR REPORT. â€¢ Budget Study Sessions will be held on Friday mornings starting October 12th through November 2nd from 8:30 a.m. to 11:30 a.m. in the Board Room. â€¢ Fire Department Fee for Service - Administrator Repola discussed the scope of service and the timing of public meetings to address the fees, stating the issue could be addressed in October with a Special Board meeting the end of October or first of November. Planning staff is researching the number of affected addresses in the response area. Board of Trustees - September 25,2007 - Page 4 Discussion followed on the timing: there is not enough time with the budget process looming to give the item justice until the first of the year; the fee schedule should be approved by the County to assert ownership and not present it to the community as a fee solely approved by the Town; concerns with the amount of staff time required to complete the issue prior to the first of the year; the meetings should be at the convenience of staff and the Trustees; the issue should be addressed as soon as possible. After further discussion, it was agreed to set a public meeting the first half of January 2008, take the issue back to Public Safety on January 24,2008 and a final public hearing at a Special Board meeting the last week of January 2008. â€¢ A joint Study Session with the Board of County Commissioners, Planning Commission and Town Board will be held in January 2008 to discuss planning issues. â€¢ The Estes Park Museum is hosting a second of two meetings tomorrow from 6:30 p.m. to 8:00 p.m. to discuss growth in the Estes Valley with a panel of locals moderated by Historian Laureate Tom Pickering and Director Kilsdonk. â€¢ Elkfest this weekend in Bond Park September 28'h - 300. 5. 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 - Lot 4, Stanley Historic District. It was moved and seconded (Pinkham/Eisenlauer) the Town Board enter into Executive Session for ttie purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators for Lot 4, Stanley Historic District, under C.R.S. Section 24-6-402(4)(e), and it passed unanimously. Whereupon Mayor Baudek adjourned the meeting to Executive Session at 8:09 p.m. Mayor Baudek reconvened the meeting to open session at 8:48 p.m. Whereupon Mayor Baudek adjourned the meeting at 8: 48 p.m. John Baudek, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town o f Estes Park, Larimer County, Colorado, September 27,2007 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 27th day of September, 2007. Committee: Chairman Newsom, Trustees Blackhurst and Eisenlauer Attending: Chairman Newsom, Trustees Blackhurst and Eisenlauer Also Attending: Deputy Town Administrator Halburnt, Commander Kufeld, Deputy Clerk Deats Absent: Chief Dorman and Chief Richardson Chair Newsom called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None FIRE DEPARTMENT. No action items REPORTS. None POLICE DEPARTMENT. HALLOWEEN STREET CLOSURE - REQUEST APPROVAL. The Police Department is requesting the closure of Elkhom Avenue to vehicular traffic from Spruce Drive to East Riverside Drive during the hours of 5:00 p.m. through 9:00 p.m. on Halloween, Wednesday, October 31, 2007. Police officers will be stationed on Elkhorn Avenue at the intersections of Spruce Drive and East Riverside Drive throughout the evening to ensure the downtown area is a safe location for Halloween festivities. As in past years, staff has been in contact with CDOT regarding the street closure with no opposition received. The Committee recommends approval of the closure of Elkhorn Avenue for Halloween activities on October 31, 2007, as outlined above. REPORTS. 1. Introduction of Code Enforcement Officer Andrew Hart - Sgt. Pass introduced Andrew Hart, Code Enforcement Officer, who joined the Police Department staff in August. Officer Hart is an 11 year resident of Estes Park with over 20 years experience in emergency services. In addition to code enforcement duties, Officer Hart will be tasked with educating the public through newspaper articles and presentations for community organizations and service clubs. Sgt. Pass stated that code enforcement complaints should be directed to dispatch who will then contact Officer Hart. Statistics related to these matters and the resolution thereof will be tracked and compiled through the dispatch department. 2. Zone Initiative Sombrero Ranch Hunting - Officer Monty Allen stated that the Police Department received complaints from several concerned citizens about hunting on the Sombrero Ranch property. Permitting hunters on the property is a source of revenue for Sombrero Ranch during the fall and winter. The complaints alleged unsafe practices by hunters, hunting out of season, RECORD OF PROCEEDINGS Public Safety Committee - September 27,2007 - Page 2 consumption of alcohol while hunting, and hunting from the roadway. Officer Allen reported that the Estes Park Police Department was in contact with the Larimer County Sheriffs Department and the Division of Wildlife while investigating these allegations, and stated he was unable to substantiate any wrong-doing. Sombrero Ranch is outside the Estes Park Police Department's jurisdiction, but the department agreed to investigate the complaint in the interest of public safety. The Ranch is implementing new regulations on the property in an attempt to keep hunters further away from public roadways. 3. Update to PTO Community Assessment - Transients - Responding to a request by the Committee for updates on PTO presentations, Officer Allen provided an update to his January 2006 report on Estes Park's transient population. He stated that, for a period of time, the Salvation Army had been assisting with transportation for transients by providing vouchers for taxi rides to Boulder homeless shelters, but that funds for this program have been depleted. He said alternative resources are being explored for transportation such as a bus provided by Crossroads or rides provided by police auxiliary members. Cool weather during the fall and winter in the Estes Valley help to keep the transient population in the area low. 4. Update to PTO Community Assessment - Town's Appearance - In March 2006 Officer Ray Meyer presented his neighborhood portfolio exercise (NPE) on the subject of the Town's appearance, at which tinle he concluded that code enforcement would be a help in cleaning up the area. He stated that with the addition of the code enforcement officer position, issues such as trash, abandoned vehicles, and inoperable vehicles will be addressed; adding that he and the other Police Officers will be working closely with Code Enforcement Officer Hart. MISCELLANEOUS. Chairman Newsom questioned who should be contacted in regard to complaints about vacation homes. Code Enforcement Officer Hart stated that calls should be directed to the Police Department and, if appropriate, the dispatch department will contact him. Chairman Newsom suggested contacting local property management companies to address vacation home issues. There being no further business, Chairman Newsom adjourned the meeting at 8:40 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, October 4,2007 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 4th day of October 2007. Committee: Chairman Pinkham, Trustees Eisenlauer and Levine Attending: All Also Attending: Town Administrator Repola, Deputy Town Administrator Halburnt, Directors Pickering, Kilsdonk, and Joseph, Managers Marsh, Mitchell, and Winslow, and Deputy Clerk Deats Absent None Chairman Pinkham called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None CONVENTION & VISITORS BUREAU. ROOFTOP RODEO COMMITTEE MEMBERSHIP AND OFFICERS - REQUEST APPROVAL. Each year the Rodeo Committee Membership and Officers are approved by the Town Board. Staff has provided a complete 2007-2008 membership listing with the following members being elected to serve as omcers: President - Howell Wright Vice President - Joyce Kitchen Secretary - Michelle Purdy Treasurer - Steve Juedes Mgr. Winslow stated that discussion is underway regarding the Committee Treasurer position, who will most likely serve on the Top Hands Board and liaison back to the Rooftop Rodeo Committee. Staff requests approval of the 2007-2008 Rooftop Rodeo Officers and Membership. Mgr. Winslow acknowledged the increase in membership as being evidence of continued energy, interest, and enthusiasm for the Rooftop Rodeo, and reported that, for the fifth year in a row, the Rooftop Rodeo has been selected to vie for the honor of 2007 Small Outdoor Rodeo of the Year. Administrator Repola requested a press release be prepared and sent to the media regarding this selection. The Committee recommends approval of the 2007-2008 Rooftop Rodeo Committee Membership and Officers as presented. STANLEY PARK FAIRGROUNDS MARQUEE REMODEL AND RELOCATION - REQUEST APPROVAL. Special Events staff requests that the marquee at the Fairgrounds at Stanley Park be relocated and refurbished, as part of the Fairgrounds remodeling project. The marquee is outdated, in need of repair, and not as visible as it once was due to tree growth in the area. A request for bid was sent to seven sign companies, with three bids received: Gardner Signs..........................................$12,984 Shaw Sign and Awning 12,800 DaVinci Sign Systemq 7,652 RECORD OF PROCEEDINGS Community Development - October 4,2007 - Page 2 Staff requests approval to contract with DaVinci Sign Systems, Inc., to remodel and relocate the marquee. Moving the sign 75 yards to the east will improve visibility, and the dxisting pylons and portions of the cabineVframework of the sign will be repaired and reused. Consideration will be given to night lighting issues when selecting sign color and design. The Committee recommends approval to contract with DaVinci Sign Systems, Inc. for the repair and relocation of the Fairgrounds at Stanley Park marquee at a cost of $7,652 from account #201-5400-544-32-22 budgeted. REPORTS. Reports provided for informational purposes and made a part of the proceedings. â€¢ Marketing â€¢ Media & Public Relations â€¢ Group Sales Report MUSEUM/SENIOR CENTER SERVICES DEPARTMENT. CATERING FOR ALL OCCASIONS 2008 CONTRACT - REQUEST APPROVAL. Catering for All Occasions (CAO) has been the food service provider at the Senior Center since the privatization of food services in July of 2003. The program is monitored closely with client response being measured in several areas including: are the meals healthy and delicious; are the meals of value to the client; are the meals something the client could not normally prepare at home; and does the client's participation in the meal program allow them to restore or maintain health, and improve their overall well-being. Most recent data indicates an overall satisfaction rate of 95.8% with this being the fourth year in a row that satisfaction has remained above 90%. The Senior Center Meal Committee met several times during the summer to examine meal prices and discuss quality issues resulting in a recommendation to retain Catering for All Occasions as the food service provider for 2008. The budget contains $22,400 for the 2008 CAO contract. The annual amount has not increased since 2003, and for 2008, the amount actually decreases by $2600 from $25,000 annually. Sehior Center expenses have increased and grant-funded programs have shown a Peduction in awards related to the meal programs. These amounts combined are approximately $2600 for 2008. Meal prices will be increased and the senior meal subsidy will be decreased to offset the reduction in revenue and increase in expenses as per information presented at the September CDC meeting. Under the terms of the contract, dining room meals for Senior Center members of any age and Meals on Wheels are subsidized at a cost of $1.80 per meal. Meals on Wheels sliding scale clients receive additional subsidies. This is a reduction in the per meal subsidy of .20 cents per meal from 2007. Staff recommends approval of the 2008 contract between the Town of Estes Park and Catering for All Occasions at a cost of $22,400 from account #217- 5304-453-22-71 budgeted. In response to a question from Chairman Pinkham regarding the food dervice equipment in the kitchen at the Senior Center, Mgr. Mitchell stated that the Town has maintenance agreements on most of the large items and a maintenance budget to address repairs. Although the Town makes no promise to replace equipment, if necessary the cost of replacement may be considered in order to maintain the current level of services. The Committee also discussed liability insurance, quality checks, and health department reports. The Committee recommends approval of the 2008 contract with Catering for All Occasions as presented at a cost of $22,400 from account #217-5304-453-22-71 budgeted. RECORD OF PROCEEDINGS Community Development - October 4,2007 - Page 3 REPORTS. Reports provided for informational purposes and made a part of the proceedings. â€¢ Museum Monthly Report â€¢ Senior Center General Report Dir. Kilsdonk stated that information related to the oral history project has been included in a new brochure that Museum staff has created. Staff will prepare a press release to inform the public that oral history DVDs and transcripts are available for viewing at the Museum and the Public Library. The Committee discussed the Hydroplant Picnic Grounds, its usage during this summer season, the deposit and rental fees, the revenue and expenses related to the rental of the picnic grounds, the wear and tear on the area by renters of the facility, and whether its use should be expanded. COMMUNITY DEVELOPMENT. DEVELOPMENT AND BUILDING FEE WAIVER POLICY - REQUEST APPROVAL. The Town Board has requested a revision and clarification of the Community Development Department Fee Waiver Policy. Staff made recommendations based on past practice, and noted that, although fees would not be assessed for qualifying projects, submittals, permits and inspections would be required. After discussion, the Committee identified the following as entities that may be exempted from Building Permit fees and Planning Review fees (except for direct expenses incurred in outsourcing): 1. Public funded government construction (federal, state, county, local); including 2. Tax districts/special districts ( e.g. hospital, library, parks and recreation); or 3. Private non-profit organizations providing low income health and human services or low income housing. Requests from eligible entities would be further evaluated by the Community Development Committee utilizing additional criteria to qualify specific private, non-profit projects for a fee waiver. The Committee requested that Dir. Joseph discuss and refine these additional points with Attorney White, bringing the revised fee waiver policy proposal to the October 23rd Town Board meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings. â€¢ Community Development Financial â€¢ Monthly Building Permit Summary The Community Development Department Financial Report indicates that both the planning department and the building department have exceeded revenue projections and expenses are just below expected levels. Administrator Repola stated that for future budgeting purposes, 25% of certain personnel costs have been re-assigned to the building department to more accurately reflect where the cost of services are incurred. ADMINISTRATION. TRANSFER OF TITLE OF THE NORDIC I & 11 EASEMENT - THE RESERVE OPEN SPACE - REQUEST APPROVAL. In 2002, the Town assigned the deed of the conservation easement for Tract B, The Reserve, Second Filing open space to the Estes Valley Land Trust (EVLT). By creating the conservation easement, the Town became responsible for enforcement and limited maintenance of the terms and conditions of the easement. The 2002 agreement allows RECORD OF PROCEEDINGS Community Development - October 4,2007 - Page 4 the Town to assign its rights and responsibilities as Grantor to a third party. Given the location and strict limitations of the parcel, it would be appropriate for the Reserve at Estes Park Homeowners Association (HOA) to take responsibility for the property. The EVLT is supportive of the transfer to the HOA with the stipulation that the Town of Estes Park resume responsibility for the easement if the HOA were to, at some point, be dissolved. Staff requests approval of the transfer and the authorization to have Attorney White prepare the necessary documents to execute such. Kirk Wiggins/The Reserve Lot 42, an officer of The Reserve at Estes Park Homeowners Association, stated that easement violations are n6t committed by The Reserve property owners, but rather people who are not aware of the restrictions on the parcel. He stated that in the past activities such as camping, flying model airplanes, and walking have occurred on the property that was set aside exclusively as an open space for wildlife. He stated that the HOA is willing to take on these maintenance and enforcement duties and is in a better position to identify and deal with a violation than the Town of Estes Park. After discussion the Committee recommends api*oval of the process to move forward with the transfer of the easement as outlined above and authorizes the preparation of the necessary documents, with final approval at a future Town Board meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings. â€¢ Transportation Discussion/End of the Season Report Deputy Town Administrator Halburnt presented statistics related t6 the operation of the shuttle system for the summer season. This is the' second year of a three year agreement with MacDonald Transit Associates/Rocky Mountain Transit to provide transportation in Estes Park. Dep. Administrator Halburnt provided statistics related to hours of operation, ridership numbers, costs per passenger, planning for future transit service needs, and comparisons with the previous year's data. Discussion followed and included: improved shuttle routes; complaints received regarding the shuttles; the sizes and capacities of the equipment currently being utilized; shuttle loading zones; the benefits of a shuttle system versus more parking in the downtown area; and seeking federal monies to fund shuttle projects to alleviate congestion and pollution in Rocky Mountain National Park. There being no further business, Chairman Pinkham adjourned the meeting at 9:30 a.m. Cynthia Deats, Deputy Town Clerk Claudine Perrault Director Phone (970) 586-8116 FAX (970) 586-0189 cperrault@estes.lib.co.us ESTES PARK FÂ© m 0 T E f PUBLIC LIBRfiRY Estes Valley Public Library District ~ OCT -5 2007 http://www. estes.lib.co.us 'By-n: -J~ October 1, 2007 Jackie Williamson Clerk, Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Ms. Williamson: Julie Parker, after serving one year of a previous trustee's term and one four year term will leave the Board of Trustees as of December 31, 2007. The Estes Valley Public Library District (EVPLD) Board of Trustees received four new applications for this position. The Board interviewed each applicant and is recommending that Lenie A. Roos-Gabridge be appointed to a 4-year term that would start January 1, 2008 and terminate on December 31, 2011. The EVPLD Board of Trustees respectfully requests that the Town Board approve Lenie A. Roos-Gabridge's appointment as an EVPLD Trustee at its earliest convenience. Sincerely, ~~-44Â«70 U.ti Barbara Lister, President EVPLD Board of Trustees RO. BOX 1687 â€¢ 335 EAST ELKHORN AVENUE â€¢ ESTES PARK, CO 80517 Igu TOWN of ESTES PARK ESTES PARK Utilities Department COLORADO INTER-OFFICE MEMORANDUM DATE: October 1, 2007 TO: Town Board FROM: Bob Goehring SUBJECT: 2008 - 2010 Water Rate Increase; Adoption of Ordinance #18-07 Background: In January of 2007, HDR Engineering presented a Water Department Financial Plan to the Utilities Committee for review. HDR incorporated committee comments from this meeting and completed this financial plan in March of 2007. The Financial plan recommends Water rate adjustments of + 5.6% for each consecutive year from 2008 to 2013. These adjustments reflect a cumulative increase of 38.67% by 2013. These rate adjustments are necessary in order to fund Phase One of the Mary's Lake Water Plant Expansion / Treatment Upgrade. Phase One upgrades will increase plant capacity from 2 million gallons per day (MGD) to 4 MGD to meet increasing demand. In addition, the treatment type will be changed from conventional to membrane technology. This upgrade will ensure that we can meet upcoming State Health Department and EPA regulations The proposed rate adjustments will allow the Water Department to implement the Mary's Lake Water Plant expansion / treatment upgrades mentioned above and still have a healthy fund balance of $1,259,000 in 2013. The Overview of the Financial Planning Process is attached (Attachment 1), along with the section of the plan detailing the Development of the Water Utility Financial Plan (Attachment 2) A printed public notice of the proposed rates for 2008 through 2010 was published in the Trail Gazette on September 21, 2007 (Attachment 3). The same notice was published in the Estes Park News on September 28,2007. (Attachment 4) Cost / Budget: 2008 503-7000-580-32-22 Mary's Lake Water Plant expansion / treatment upgrade $ 4,741337 Action: Staff recommends increasing the water rates by a 5.6% each year 2008, 2009 and 2010. The Water Utility Financial Plan will update in 2010; we will then recalculate any additional rate ncreases. BG/Imvbs Attachments Section 1 Overview of Financial Planning Process 1.1 Introduction HDR Engineering (HDR) was retained by the Town of Estes Park (Town) to complete financial plans for the water utility, light and power utility, and the general and community reinvestment fund. The purpose of these studies was to determine the relative financial/rate impacts to the Town and to provide the basis for adjustments to meet operating and capital needs of the Town. "In ddvelo);ink;ind y In developing and establishing financial plans, there are estabiish{AÂ¢ktiliy rates, "generally accepted" principles or guidelines - around which a financial plan should be completed. This section of the report there are 2'kinerally acteptk'f'Lptinciples of , provides a general overview of the methodology and guidelines guidelines around which used for the financial plan completion for each of the funds. financialplans should =This should give the reader a better understanding of the be combldted." r general process that is detailed later in this report. 1.2 Method of Accumulating Costs The convention used by most pliblic entities to establish their revenue requirements is called the cash-basis approach. As the name implies, a public utility aggregates its cash expenditures for a period of time to determine its required revenues from user rates and other forms of income. This methodology conforms nicely to most public agency' budgetary requirements, and is a straightforward and easily understood calculation. Operation and maintenance (0&M) expenses are added to any applicable taxes or transfer payments to determine total operating expenses. Capital costs are calculated by adding debt service payments *rincipal and interbst) to capital improvements financed with operating rate (or tax) revenues. Depreciation expense is sometimes included in lieu of this latter item to stabilize annual re*enue requirements. Under the cash basis of accounting, the sum of the capital add operating expense equals the utility' s revenue requirement during any period of time. It should be noted that the two portions of the capital expense component (debt service and capital improvements funded from rates) are necessary under the cash basis approach because utilities and other entities generally cannot finance all of their capital facilities with long-term debt. Table 1-1 summarizes the cash basis methodology. Table 1-1 Overview of the Cash Basis Methodology ' 1 + 0&M.Expense + Taxes or Transfer Payments + Capital Additions Financed with Rate Revenues (2 Depreciation Exp.) + Debt Service (P+I) = Total Revenue Requirements H]R Overview of Financial Planning Process 1-1 Town of Estes Park 1.3 Prudent Financial Guidelines There are three *key financial indicators that.should be considered in the development of any utility financial plan; or*revenue requirement. Theke three indicators are: capital projects funded from ratest debt service coverage ratio, and reserve levels. The following discussion provides a brief overview of each of these financial planning5 guidelines. Capital Projects Funded From Rates - Prudent financial planning dictates that a utility should fund a certain portion of capital improvement projects from rates on an on-going basis. The same is the case for general funds; a certain minimum portion should be funded by taxes. The general financial guideline used is that at a ."...anincreased, minimum, a utility 'should fund an amount equal to or greater than e level of,capital ,; annual depreciation expense. However, there are three reasons for . funding from rates increasing the level of capital funding through rates. The first is that, will strengthen the funding levels over and abovE depreciation expense better reflect utilities' debt service 1 " actual 'replEement cost of facilities. Second, increasing the level of . corer*f mtio. capital funding will help provide cash flow to fund the capital plan in -imiliiii- futurb yArs, and ntiniinize future long-terdi' borrowing neeils. Third,Â· an increased level of capital funding from rates will strengthen the utilities' debt service coverage ratio. . 4 Debt Service Coverage Ratio - The debt service coverage ratio is an important finahcidl rAeasure that is reviewed by bond rating agencies and banks to evaluate an entity' s abilit; to make debt payments. This ratio is calculated by subtracting total O&M and taxes from total revenues. The resulting figure is then divided by the amoun; of annual revenub borid debrse*ice plyments to determine the utility' s debt service coverage ratio. Typically,- most bond covenants. require at least a minimum debt service coverage ratio ofÂ· 1.25. A strong debt' service coverage ratio may provide the benefit of a higher bond rating and potentially lower interest costs (i.e. lower risk equates to lower interest rates). Currently, the Town strives to maintain a debt service coverage ratio above 1.25. .* , r Reserve Levels - Reserve levels are a crucial part of a utility' s financial picture. Typically utilities maintain several different types of reserve funds. These may include: ail operating reserve, a capital reserve, an emergency or contingehcy reserve, and a rate stabilization' reserve. Each of these reserves has its own financial, operating op legal requirements whicil may set an .f fÂ·* established minimum reserve '16vel (e.g. a bond reserve). A kdy aspeEt of reviewing rekerve levels was determinini target minimum levels for the Town's currdnt reserv'es. It is ihipcirtant to remember that when reservds fall below the targetdd miniihum level, mhnagement should review the cause of the declining reserves and determine what action, if any, should be taken. Maintenance of minimulli reserve lei;els' shduld not, on its own, trigger the need for a rate Adjustmeht.. However, after two consecutive years of dimihishing reserfes as a result of not fully covering cosis, rates should bd reviewed. . k Lâ€¢ In the +6wn' s bond covehatits it is stated that a 90-dAy operating reseive should be maintained. This parameter was also applied to the general fund, as a minimum level to maintain for the operating reserve. However, most general funds maintain a large fund balance due to the myriad of unexpected issues this fund mu*st be able to respond to. Some entities also maintain a separate "rainy day" fund. The bond issues also require that a balance of two percent (2%) of the total HIt Overview of Financial Planning Process 1-2 Town of Estes Park assets should be maintained as a capital reserve. Reserve levels for each fund are addressed within the next section of the report. 1.4 Summary This section of the report has provided a brief introduction to the general principles and techniques used to develop and complete financial plans. These principles and techniques were the basis for the financial plans and the foundation used to meet the Town' s key objectives in establishing their water, light and power, general fund and community reinvestment financial plans. 1 ")77 Overview of Financial Planning Process 1-3 1-1.Zi Town of Estes Park Section 2 Development of the Water Utility Financial Plan 2.1 Introduction The effective operation of the water utility and implementation of the Water Treatment Evaluation Report is dependent upon developing a feasible financial plan which can be financially supported by the utility, will meet State and local regulatory requirements, and provides the flexibility to deal with unforeseen changes. This section presents a financial plan that reviews the revenues and expenses for the Town's water system. The financial plan includes projected operating and capital costs of the system for the seven-year time horizon of 2007-2013. The revenues and expenses used in the financial plan were obtained from the Town's 2006, 2007 and 2008 budgets in conjunction with historical information. The capital costs contained within the financial plan were based on the 2006 Water Treatment Evaluation Report. Future years' operating costs were based on 2008 levels escalated out through time. The results of the financial plan outline the annual operating and capital needs of the Town' s water system and determine if the current water rate revenues are sufficient to cover costs. This analysis is not sufficient to provide a detailed review of alternative rate designs. However, the Town may consider performing a more comprehensive rate study independent of this planning document to address any rate structure related issues. 2.2 Develo*ment of the Financial Plan (Revenue Requirement) A financial plan was developed to determine the Town's ability to meet its water utility capital improvement and operating needs over the seven-year review period. The financial plan was developed to review the projected revenues and expenses of the water system for 2007-2013. By assessing the total expenses needed to cover 0&M and capital improvements, a revenue requirement is determined. This is generally the first step in an overall comprehensive rate study, determining the adequacy of the level of rates. In developing the financial plan, fund balance and reserve levels were also analyzed. The Town's 2008 budget was used as a base for future years. Future years' costs were escalated by applying factors for inflation and growth, as described below. 2.2.1 Projection of Water Revenues The first component of the financial plan is a review of the sources of funds or revenues of the water system. The different revenues received from operations are: I Rate revenues - water sales to customers; I Other revenues - ancillary fees; k Interest Revenue -interest earnings on fund balance; and 4 Tax Levy H]R Development of the Water Utility Financial Plan 2-1 Town of Estes Park Rate revenues for 2006,2007 and 2008 were provided by the Town. Projections for future year revenues were developed by applying a conservative projected growth rAte of one percent to the 2008 budgeted rate revenue. The one percent growth level was used to reflect the experience the Town has had in the impacts of reduced water usage as a result of conservation, while at the same time growing with new customers. Other miscellaneous revenues, including investment interest, fees and other revenue, are projected to increase approximately three percent per year through 2013. Rate revenues were projected to be $2.0 million in 2006. With growth applied at one percent per year, the rate revenue increases to $2.4 million by 2013. Other miscellaneous revenues for 2006 total approximately $185,000, which increases over the seven years, reaching $334,000 by 2013. The total revenue available to offset the operating and capital requirements of the water system total $2.4 million in 2007 increasing to $2.7 million by 2013. 2.2.2 Projection of Water Expenses The second part of the financial plan was a review of,the applications of funds or expenses for the water utility. in developing the financial forecast, four main cost components were reviewed: Operation and Maintenance (0&M) Expenses . Taxes ; ' Debt Service ' Capital Improvements Funded From Rates The projection of operating expenses for 2006,2007 and 2008 was based on budget documentg provided by the Town. Future expenses were based on the 2008 budget. These expenses are then projected for future years by applying escalation factors dependent upon the iype of expense being reviewed. OPERATION AND MAINTENANCE EXPENSES Using the 2008 budget numbers as a starting point, expenses were escalated by factbrs representing assumed infldtionary rates to obtain projected costs. Escalation factors ranged from two to eight percent. Labor was escalated at two percent and purchased water was escalated at three percent. Due to recent significant increases in health insurance, employee benefits were escalated at an average annual increase of eight percent. It should be noted that no other program cost increases, above budget year 2006 figures, were assumed as part of the projected costs. O&M expenses ranged from $2.0 million in 2006, and with assumed inflationary trends, to $2.6 million in 2013. TAXES The water system currently has general fund transfer obligations in the formof payments in-lieu of taxes. This transfer is calculated as 2.5 percent of the inside water utility rate revenues. There is also a general fund transfer of four percent of sales, except bulk sales, and a vehicle replacement transfer. For 2006, these transfers total approximately $420,000 and change to $380,000 by 2013. I.-77 Development of the Water Utility Financial Plan 2-2 1 1.4, Town of Estes Park .... DEBT SERVICE For purposes of financial planning, debt service includes both principal and interest payments on any outstanding debt obligations. The debt service on the existing debt averaged approximately $305,000 per year through 2007. The maturity date for the 1990A bonds is 2010 and the 1997B bonds is 2011. Based upon the need for new long-term debt to financial capital projects, new debt payments of $180,000 begin in 2008. This amount doubles in 2009 through 2011. In 2012, another new bond issue is assumed, doubling the total debt service, to $633,000 in 2012 and 2013. Meeting debt service coverage requirements is an important financial indicator for well managed utilities. Debt service coverage is a financial measurement of an entity' s ability to repay debt. A debt service coverage ratio is a "If the proposed rate comparison of net income before debt service payments to the adjustments are total debt service on revenue bonds. A sound financial approved, the lowest # minimum target for the Town to meet is a 1.25 coverage ratio coverage ratio predicted test. Rating agencies prefer a stronger debt service coverage for the review period ratio of 1.50 or higher. There are several years between 2009 and would be 1.76 in 2009." 2013 that the coverage ratio is slightly higher than 1.3, prior to , â€ž*.i>.aÂ»+ *Â« *v Â»i+mÂ»â€ž- =...,*Â»,Al,;i~s>i}s}}}Li>4Â§1,044 4444:+04,44Â£N:+.n any rate adjustments. If the proposed rate adjustments are approved, the lowest coverage ratio predicted for the review period would be 1.76 in 2009. The use of development fees for growth related project debt has been implemented to reduce the impacts of growth related capital expansion on existing rate payers. Development fees have been applied against growth-related debt payments to reduce the overall revenue requirements and the impacts to rate payers. The Town's water development fee revenue averages approximately $300,000 per year, reducing to $250,000 per year in 2012 and 2013. HDR recommends using not more than 50% of the total development fee revenue toward debt. This level is recommended due to the possibility of decreasing or slowing growth. If more than 50% of fees are proposed to offset growth-related debt payments, and there is slowing growth and reduced development fees, it may create the need for an unplanned rate increase. By using 50% or less of overall projected annual development fee revenue, the utility is buffered from the variances in development trends. The use of development fees in this manner does indicate, however, that without the development fee revenue, the water utility rates would not be able to cover all debt payments and meet the bond covenants with the present rate revenue levels. CAPITAL IMPROVEMENT PROJECTS FROM RATES Capital improvement projects are related to the infrastructure of a utility. Capital improvement projects are generally divided into two categories: capital improvements related to renewal and replacements of existing plant and depreciated facilities, and growth related projects including system expansion and upgrades to accommodate new customers. Some projects may also be related to meeting regulatory requirements. Typically, a utility will fund an amount equal to annual deprecation to fund renewals and replacements. Some utilities often consider funding renewals and replacement projects at a rate at least 1.25 times the annual depreciation expense. The 1.25 factor will assist in the funding L77 Development of the Water Utility Financial Plan 2-3 1 1-ZI Town of Estes Park difference required when comparing the replacement cost of the asset to the depreciated value. For the water utility in 2005, the annual depreciation expense was approximately $475,000. Through gradual increases in funding, this level of funding ($475,000) of capital projects from rates will be achieved in 2013. Since new improvements will be added to the system, the depreciation expense will also increase, and if the 1.25 factor was applied, this capital funding level should increase further. This important capital funding source should be reviewed and a financial/rate setting policy should be adopted by the utility to assure adequate funding levels are met. A summary of the water capital projects is provided in Table 2-1. Table 2-1 Summary of Water Utility Capital Improvement Projects ($000) 2007 2008 2009 2010 2011 2012 2013 ~ Capital Equipment Station Equipment $5 $5 $5 $5 $5 $5 $5 Security Equipment 8 8 10 10 8 8 8 Communication Equipment 12 16 16 16 16 16 16 Purification Equipment 44 33 25 25 25 25 25 Vehicles 70 42 27 68 76 130 110 Total Capital Equipment $138 $103 $83 $124 $130 $184 $164 Waterline Sys. Priority Projects Stanley Circle 8" $0 $0 $125 $0 $0 40 $0 Bureau Area 200 125 125 250 0 150 125 Total Priority One Projects $200 $125 $250 $250 $0 $150 $125 Priority Two Projects US 34 MacDonald's to Church $0 $0 $0 $0 $425 $0 $0 Hill Streets 0 0 150 0 0 0 0 Panorama Circle 0 0 0 ' 0 0 216 0 Shady Lane 0 0 0 0 0 0 80 Spruce Drive / Lawn Line 0 0 0 0 0 0 150 Total Priority Two Projects $0 $0 $150 $0 $425 $216 $230 Water System Master Plan Marys Lake WTF Exp./Addition $431 $4,741 $0 $0 $0 $0 $0 MLWTF Expansion-BT Raw Pump 0 0 0 0 467 5,136 0 FW Piping-MLWTF to 18"main 0 0 0 0 149 1,540 0 Engineering for Capital Projects 40 25 80 50 85 '73 71 Balance to Reserves 0 0 0 0 0 0 0 Total Water System Master Plan $471 $4,766 $80 $50 $701 $6,749 $71 Total Capital Projects $809 $4,995 $563 $424 $1,255 $7,298 $590 Less: Non-Rate Funded Sources Operating Reserve $509 $175 $213 $0 $0 $1,300 $0 Capital Reserve 0 0 0 44 845 2,158 110 New Bonds 0 4,500 0 0 0 3,400 0 Total Non-Rate Sources of Funds $509 $4,675 $213 $44 $845 $6,858 $110 Capital Improv. Funded Thru Rates $300 $320 $350 $380 $410 $440 $480 I.I-)7 Development of the Water Utility Financial Plan 2-4 1 1,&, Town of Estes Park The financial analysis conducted for this plan incorporated the capital projects outlined in Town's 2006 budget and the recently completed water treatment facility plan. The Town has reserve funding available, which has helped to fund planned and unanticipated capital improvements in the past. It was anticipated that the Town will continue to use reserve funding for projects, as available and will continue to maintain reserve balances through the test period. The capital analysis assumed that any additional funding beyond what is necessary to meet the annual capital requirements will be placed into the capital reserve for future capital needs. The status of reserve funds is discussed later in this section. 2.2.3 External Sources of Funds for Capital Projects The Town has the ability to apply for grant and loan funds available to public entities for water system projects. Table 2-2 provides a summary of the contacts for various funding agencies. These sources rarely provide full funding of a construction project. The Town would need to supplement any of these funds with matching funds to meet eligibility criteria and to ensure that implementation of the recommended capital improvement projects can occur. Table 2-2 Funding Agency Contacts ~ Program Address Phone Fax Internet &:<43. Rural 4302 W. 9th Street Road 970.356.8097 970.351.0392 www.rurdev.usda.gov/co/ Development Greeley, CO 80634 Division of Local Government Berry Cress www.cwrpda.com 303.866.2352 1313 Sherman St, Room 521 barry.cress@state.co.us Denver, CO 80203 Water Quality Division www.cdphe.state.co.us/op/ Donna Davis Drinking Water 303.692.3562 waterqualityreg.asp Revolving Fund 4300 Cherry Creek Dr. South donna.davis@state.co.us Denver, CO 80246.1530 Colorado Water Resources and Power Development Authority 303.830.1550 Mike Brod mbrod@cwrpda.com Ext. 15 1580 Logan St, Suite 620 Denver, CO 80203 Colorado Water Colorado Water Resources and Resources & Power Development Authority 303.830.1550 www.cwrpda.corn Power Mike Brod Ext. 15 mbrod@cwrpda.com Development 1580 Logan St, Suite 620 Authority Denver, CO 80203 Colorado Water Resources and DWRF Design Power Development Authority 303.830.1550 www.cwrpda.com Grant Keith MeLaughlin Ext. 22 kmelaughlin@cwrpda.com 1580 Logan St, Suite 620 Denver, Colorado 80203 ~p~ Development of the Water Utility Financial Plan 2-5 1 1.4 ~ Town of Estes Park Table 2-2 Funding Agency Contacts ~ Program Address Phone Fax Internet Colorado Water k Conservation 1313 Sherman St, Room 721 www.cwcb.state.co.us/ , 303.866.3441 303.866.4474 Board Water Denver, CO 80203 Conservation Efficiency Grant Colorado Water Kirk Russell www.cwcb.state.co.us/ Conservation 1580 Logan St, Suite 750 303..866.3449 Finance Board Water Denver, CO 80203 Bruce Johnson Kirk.russell@state.co.us Project Loan 303.866.3428 Bruce.iohnson@state.co.us Private Activity Colorado Division of Housing Bond Elizabeth Smith www.dola.colorado.gov 303.866.5577 1313 Sherman St, Room 518 Elizabeth.smith@state.co.us Denver, CO 80203 Funding through any of these sources can potentially lower future rate adjustments, as presented later in this section. A brief description of each of these funding sources is provided below. USDA Rural Development (RD) USDA Rural Development awards grants and loans' to rural communities with a population under 10,000 for construction and replacement of water, wastewater, storm sewer, and solid waste facilities. Funds may be used for construction, engineering, ind intetest during construction, essential equipment, site acquisition, legal feEs, water rights, etc. Communities can receive a loan and grant combination, with percentages based on median incomes, health hazards elimination and annual debt service dharges. Three levels of interest rates will be applied depending upon need with terms up to 40 years or the useful life of the project. Drinking Water Revolving Fund (DWRF) The Drinking Water Revolving Fund (DWRF) is a low-interest loan program which was initially created in 1995 and funded by the State and the Water Resources and Power Development Authority. In 1997, it was further capitalized with federal dollars to fund eligible projects defined by the federal Safe Drinking Water Act. Local governments (municipalities, counties, and special districts) are eligible for funding under the DWRF. The fund is jointly administered by the Colorado Division of Local Government, the Water Quality Division, and the Colorado Water Resources and Power Development Authority. Interest on the leveraged loans is 80 percent of the bond rate and direct loans at 3.75 percent for up to 20 years. Colorado Water Resources and Power Development Authority Small Water Resources Projects Program The Colorado Water Resources and Power Development Authority were created by the General Assembly to provide Colorado the ability to finance water and wastewater projects. The Authority can assist governmental entities such as cities and special districts by issuing revenue A77 Development of the Water Utility Financial Plan 2-6 1 1-A ~ Town of Estes Park bonds and loaning the proceeds to the governmental entity with substantial savings in costs of issuance and interest rates. Eligible projects include storage reservoirs, water and wastewater treatment plants, distribution systems, water wells and pumping stations. Construction costs include design, engineering, costs of issuance, financing reserves, interest during construction, site acquisition, planning, environmental documentations, water rights, and mitigation costs. Terms of the loan will be at market rates for up the 30 years. Drinking Water Revolving Fund/Water Pollution Control Revolving Fund Planning and/or Design Grant Planning and design grants are available to assist communities with populations under 10,000 who are considering a project on the eligibility list for either Drinking Water or the Water Pollution Control Revolving Funds program. To qualify, the municipality must have a median household income less than the most recent median household income for the State generated by the Census, or post-project water/sewer monthly rates equal to or greater than the state average as determined by the Department of Local Affairs. The municipality must be on the Drinking Water Revolving Fund eligibility list. The maximum amount for the grant is $10,000. Colorado Water Conservation Board (CWCB) Water Efficiency Grant Program The Colorado General Assembly under House Bill 05-1254, created a mechanism to provide financial assistance to covered entities and qualifying agencies who are seeking to perform or promote more meaningful water conservation, through the CWCB' s Office of Water Conservation and Drought Planning. The specific use of the grant monies are: for covered entities, the money may be used to aid in achieving water conservation goals specified in their water conservation plans; for public and private agencies, whose primary purpose is to promote the benefits of water resources conservation, the money may be used to provide education and outreach aimed at demonstrating the benefits of water efficiency. CWCB Water Conservation The Colorado General Assembly under House Bill 04-1365, created a mechanism for the CWCB to provide financial assistance to covered entities (same entities as eligible for the CWCB Water Efficiency Grant Program) in the State to develop water conservation plans that meet the provisions of Â§37-60-126 (6) C.R.S. Financial assistance is also provided for covered entities and state and local governmental agencies to develop drought mitigation plans identified as sufficient by the Office. CWCB Water Project Loan Program The Water Project Loan Program was established in 1971 to provide low interest loans for raw water resource projects. Eligible projects include the collection, storage and transmission of raw water supplies. Example projects include new or rehabilitation of reservoirs, ditches, canals, pipelines, groundwater wells, water rights purchases, and flood control facilities. A loan feasibility study is required, which must include preliminary engineering by a professional engineer to help select the best alternative and determine project costs. Loans can be made for up to 80 percent of the project cost. Average municipal interest rates are between 3.25 and 4.25 percent for up to 30 years with a one percent loan service charge. I.-2-'r-1 Development of the Water Utility Financial Plan 2-7 Il-Zi Town of Estes Park Private Activity Bonds (PAB) Tax-exempt private activity bond allocations are available to municipalities and counties as well as issuing authorities. These entities can in turn issue bonds or other obligations to ,private entities with interest exempt from federal income taxation. Privately owned water, wastewater, and certain waste disposal facilities are eligible. 2.3 Summary of the Water Utility Financial Projections Given the above stated revenues and expenses, a summary of the financial I;lan and resulting financial status of the water system is provided in Table 2-3. This is an abbreviated summary of the detailed financial plan and analysis, which is provided in Appendix A of the Technical Appendices. Table 2-3 Summary of Projected Water Utility Revenues and Expenses ($000) 2007 2008 2009 2010 2011 2012 2013 1 Sources of Funds (Revenues) Charges for Service $2,125 $2,267 $2,289 $2,312 $2,335 $2,359 $2,382 Miscellaneous Revenue 293 301 308 314 321 327 334 Total Sources of Funds , $2,418 $2,568 $2,598 $2,627 $2,656 $2,686 $2,716 Uses of Funds (Expenses) Operation & Maintenance Sources of Supply $147 $147 $147 $147 $149 $152 $155 Purification ' 542 680 700 722 743 766 789 Operations/Maintenance 842' 763 788 8" 840 868 897 Customer Accounts 318 324 333 342 352 361 371 Administrative General 326 336 344 352 361 369 378 Total O&M $2,174 $2,250 $2,312 $2,376 $2,445 $2,517 $2,592 Taxes and Transfers Transfers $100 $106 $107 $108 $109 $110 $112 Taxes 35 38 38 39 39 39 40 Subsidies 0 0 0 0 0 0 0 Total Taxes & Transfers $135 $144 $145 $147 $148 $150 $151 Capital Funded Thru Rates $300 $320 $350 $380 $410 $440 $480 Net Debt Service $6 $105 $363 $357 $166 $384 $384 Net Revenue Requirement $2,615 $2,818 $3,170 $3,259 $3,170 $3,491 $3,607 Balance (Deficiency) of Funds ($197) ($250) ($572) ($633) ($514) ($805) ($891) Rate Adjustment Needed 9.3% 11.1% 25.0% 27.4% 22.0% 34.1% 37.4% Proposed Rate Adjustments 0.0 % 5.6% 5.6% 5.6% 5.6% 5.6 % 5.6% Addt'l Rev. from Rate Adj. $0 $127 $264 $411 $569 $739 $921 Plus: Add'l Tax/Tfr. From Iner. $0 $10 $20 $31 $44 $57 $71 Bal./Defic. After Rate Adj ($197) ($133) ($329) ($254) $12 ($123) ($40) Add'l Rate Adjust. Needed 9.3% 5.6% 12.9% 9.3% -0.4% 4.0% 1.2% Debt Service Coverage w/ Adj. 2.07 1.93 1.37 1.35 1.84 1.31 1.26 Â¥ 7 Development of the Water Utility Financial Plan 2-8 WA. Town of Estes Park When interpreting the results of Table 2-3 it is important to understand that the "Rate Adjustment Needed" is cumulative. That is, any rate adjustments made in previous years would reduce what is required in the following years. It is also important to keep in mind that the model assumes expenses are completely expended within each year. Typically, utilities receive additional revenue, and often actual expenditures do not total 100 percent of budget appropriations. Therefore, there are other options the Town could consider. Those options would include adjusting capital improvement timing, use more reserves for capital improvements (but dropping below minimum balances), reducing other operating expenses, and closely monitoring additional revenue or increased growth beyond the one percent assumed. At this time, given the Water Treatment Evaluation Plan and bond covenant requirements, it appears prudent to move forward with the planned projects and projected operating needs as developed within this report by the Town and their consultants. It is also important to note that the financial plan presented in this section was predicated upon an assumed level of growth on the system (1% per year), and assumptions related to conservation and inflation. Should growth increase, slow down, or not occur, the level of rate adjustment required will be affected. Likewise, if costs escalate faster or slower than indicated in this plan, the rate adjustments needed would also be affected. 2.4 Reserve Levels A key indicator of financial health and viability is a utility's reserve levels. Maintaining adequate reserve levels is important for stable fiscal management of the utility. A discussion of the utility's reserves is provided below. Industry standards from the American Waterworks Association (AWWA) recommend that utilities maintain operating reserves at a level adequate to handle unexpected occurrences, including unexpected cash flow fluctuations. A balance for an 0&M reserve is recommended to be a minimum of 45 days of operations and tax expense. The Town has targeted a minimum reserve of 90 days of operations and tax expenses, which is equal to a balance of $540,000 in 2007 and increasing to $648,000 in 2013. The Town begins the test period in 2007 with a balance of $2.9 million. The balance decreases throughout the time period due to use for capital projects, ending with a balance of approximately $735,000. Therefore, the utility is able to meet this annual minimum reserve balance through the review period. "The review Of reserve balances indicated that the For this study, a capital reserve fund was also established. Town has adequate reserve This reserve was funded by the development and water rights fees and therefore was restricted to fund just growth funding to meet unanticipated obligations and *@netal related facilities. In 2007 this reserve was established with a operating fluctuations. All $500,000 balance and grows slightly over the review period reserve target minimums are to $524,000 by 2013. Sound financial policies indicate that more than adequately met." a fund balance equal to an average year' s worth of capital projects is a healthy reserve target. The Town bond , 46 10â€ž A HIt Development of the Water Utility Financial Plan 2-9 Town of Estes Park covenants and practices indicate maintenance of 2% of the assets in the capital reserve fund as a minimum target. This target requires a minimum reserve level of $370,000 (for 2005 asset values). Therefore, the Town meets this financial test. A summary of the projected reserve levels is provided in Table 2-4. This is an abbreviated summary of the detailed financial plan and analysis, which is provided in the Technical Appendix. Table 2-4 Summary of Projected Reserve Levels ($000) %007 2008 2009 2010 2011 2012 2013 | Operating Reserve Beginning Balance $2,932 $2,423 $2,248 $2,035 $2,035 $2,035 $735 Use of Funds 509 175 213 0 0 1,300 0 Ending Balance $2,423 $2,248 $2,035 $2,035 $2,035 $735 $735 Min. 90 Days O&M $544 $562 $578 $594 $611 $629 $648 Capital Reserves Beginning Balance $500 $725 $1,100 $1,565 $2,002 $1,652' $56 Plant Develop. Fee 200 400 408 416 424 433 442 Water Rights 325 350 357 364 371 379 386 Used for Debt 300 375 300 300 300 250 250 Used for CIP 0 0 0 44 845 2,158 110 Ending Balance $725 $1,100 $1,565 $2 $1,652 $56 $524 Min. 2% Fixed Assets '05 $371 $371 $371 $371 $371 $371 $371 The review of reserve balances indicated that the Town has adequate reserve funding to meet unanticipated obligations and general operating fiuctuations. All reserve target minimums are more than adequately met. 2.5 Review of the Existing Water Rates There are various "generally accepted" water rate structures thdt can be used to establish or develop rates. The initial starting point in considering a rate structure is the relationship between fixed costs and variable costs. Fixed costs are generally collected as a fixed charge on a monthly basis (e.g. $5.00 per month/meter). This charge may be called by various names (e.g. customer charge, meter charge, base charge, minimum charge, etc.) but in all cases, it is intended to collect those fixed costs that the utility incurs. Currently, the Town has four customer classes (residential, commercial, pumped flow, and bulk water) with rates depending upon urban or rural location. There is a minimum charge as well as a consumption charge. For purposes of this overview, the rates in effect as of January 2007 are presented in Table 2-5. I.-I-)7 Development of the Water Utility Financial Plan 2-10 1 1-~1~ Town of Estes Park Table 2-5 Overview of the Town's Current Water Rates (Adopted for 2007) Metered Rates Urban Rural Meter Charge: $/Month 3/4" x 5/8" $15.20/month $24.35/month 1" 16.70 26.75 lin" 20.30 32.50 2" 22.80 36.50 3" 52.30 83.70 4" 73.30 117.30 Volume Charges: Per 1,000 Gallons Residential $3.20/1,000 gallons $5.12/1,000 gallons Commercial 3.12 4.99 Pumped Flow 4.48 7.17 Bulk Water 3.58 5.73 The Town's meter charge is based on the size of the customer's meter. This approach is often used since different meter sizes place different demands and capacity requirements on the system. It is common to base the meter charge rate differential on the AWWA safe operating capacity of the meter. The meter capacity approach is summarized in Table 2-6. Table 2-6 Example of the Meter Charges Based Upon Meter Capacity Factors Safe Maximum Meter Charges at Meter Charges at Meter Size Operating Capacity Meter Capacity Weightings Capacity Capacity GPM [1] Factors r (Urban) Weightings (Rural) 3/4" 30 1.00 $15.20/mth $24.35/mth 1" 50 1.67 25.38 40.66 11/2" 100 3.33 50.62 81.09 2" 160 5.33 81.02 129.79 3" 300 10.00 152.00 243.50 4" 500 16.67 253.38 405.92 [l ] AWWA C-700-77 Cold Water Meters - Displacement Type As Table 2-6 indicates, the fixed meter or base charge increases in relationship to the safe operating capacity of the various meter sizes. While the Town's meter charges begin to address this equity issue, a comparison of the meter charges in Table 2-6, with the existing charges in Table 2-5, indicates there is room for adjustment in the meter charge portion of the rates. Meter capacity is an important concept in that a customer that has a two-inch meter is regarded, from a capacity perspective, as the equivalent of 5.33 - 3/4-inch customers. Another way of saying this is the commercial customer with a two-inch meter is, from a capacity perspective, the equivalent of five (5.33) single-family homes with 3/4-inch meters. Since a large portion of costs are generally related to meeting capacity requirements, one can see the importance of taking into account capacity in establishing rates for customers. The Town could consider application of I-I-rl Development of the Water Utility Financial Plan 2-11 1-1 1-I Town of Estes Park meter capacities for larger-size metered customers. The above meter ratios could be used to calculate the monthly fixed meter charge. The conceptual rate review undertaken indicates that the Town' s rates are contemporary and attempt to capture the cost differential to serve customers with varying usage characteristics and facility requirements. Completion of a comprehensive rate structure review would assist the Town identify if any rate structure changes are warranted based on the Town' s goals, objectives and the manner in which costs are incurred. 2.6 Overview of Future Water Rates Based upon the results of the financial analysis, the Town will require adjustments in rates in future years to meet the on-going needs of the water utility system, in particular to fund the treatment plant to meet drinking water quality regulations, as identified within the Water Treatment Evaluation Report. The Town may wish to conduct a review of its water rates which would provide possible changes to its current rate schedules. These changes may include analysis of the meter charges, developing conservation-oriented rates, or other objectives. In any case, this analysis wpuld provide alternative rate structures that meet thegoals and objectives of the Town. 2.7 Summary The financial plan results presented in this section indicate water rates for the seven-year projected time horizon of 2007 to 2013 will adequately fund the projected O&M, capital, and debt service requirements if the recommended water rate adjustments are made. The Town has been proactive in its financial management in the past. It has demonstrated its commitment to responsible management of the utility by funding adequate levels of operations, capital and reserves. Continued prudent fiscal management will enable the water utility to continue to operate in a financially sound manner. 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Op M e ce L*/--/9 Cd .c, c V,o ir â€¢.. q, .& El@ 1 1.-, lif:. 4-g~ -e 8~ .8 3 2 :'Â·ig-@ .* :~l~ 13 5% a S'w.E 8 2.-~a d/Fa em Miti -~i a#{gal@#Yâ‚¬<g *A .0 2,11 A bO ..7.0 01 E-4 eSu --4 3 = u, 4 -2 i E ap@ g .-==E g Â·, -0 o te & a g g= m e m. 0. 6.:-â€¢ g %3Â·83 8 *s s e s 2 M.g z.g Friday edition September 21, 2007 www.eptrall.com 75Â¢ i cal R ate and federal anUOA01 Sales to meet all cur- ensure the water mau asaILL mal :red luaoxed gÂ· -sno IpeD HUIAIDS Jo ,900 0111 13AO 4qmmbe 01 pauNIsap @Iam SO BI 'Ssup laUI wn may m pasodoid dification increase affecting all such rates, wil }Bippefoid luatue o . The CIP in er treatment expan Estes ark m V Kneduo tIe III 1SISse o , Friday, September 28,2007 Estes Park NEWS Page 41 ESTES EE PARK COLORADO TOWN OF ESTES PARK Proposed Water Rate Increase A proposed modification of the Town of Estes Park's ("the Town") water rates, result- ing in an increase affecting all such rates, will be considered by the Town's Board of Trustees at a public hearing. Any water customer of the Town may appear, either per- sonally or through counsel, at the public hearing to provide testimony or comment regarding the proposed modifications. This hearing wil[ be held at: TIME: 7:00 p.m. DATE: Tuesday, October 9,2007 PLACE: Town Board Room at Town Hall, 170 MacGregor Ave., Estes Park, Colorado The Town's Water Department is operated as an enterprise fund with funding for the ~. capital and operating expenses derived from water sales revenue, water rights fees, and plant development fees. Recognizing the importance of financially planning for capital improvements, the Town authorized HDR to perform a financial plan for the years 2008 through 2013 to ensure the Town maintains a financially sound Utility. - i This financial plan was created to design rates to assist in financing the capital improvement program ((DIP). The CIP includes the Mary's Lake Water Treatment Expansion in 2008, a capital improvement project that will increase plant capacity from 2 million gallons per day (mgd) to 4mgd. The Water Department is also changing its conventional treatment to a membrane filtration system. This new system will ensure the Water Department's ability to meet all current and upcoming state and federal reg- ulations for drinking water. Another goal of the financial plan was to ensure that the ~ Water Department exceed the industry standard ending balance reserve of 90 days' , operation and maintenance expense plus 2% fixed assets. To meet the goals of the utility, rate adjustments have been proposed for 2008,2009 and 2010 to increase annual water sales revenue by 5.6 percent per year. These new rates were designed to equitably recover the cost of serving each customer class. l TYPICAL MONTHIT BILLS FOR TOWN OF ESTES PARKURBAN AND RURAL RESIDENTIAL CUSTOMERS Gallons Used 2007 ZOOS 2009 2010 Urban Rural Urban Urban Urban -ral Rural Rural Customer base 0 15.20 24.35 16.05 16.95 27.15 17.90 28.67 25.71 1,000 18.40 29.47 19.43 20.52 32.86 21.67 34.70 31.12 3,000 24.80 39.71 26.19 27.66 44.28 29.21 46.76 41.94 5,000 31.20 49.95 32.95 34.80 55.70 36.75 58.82 52.76 For more information on the water rate study, visit: htig:#www.estesnet.com/oublicworks/Water/default.asox . ORDINANCE NO. 18-07 AN ORDINANCE AMENDING THE WATER RATE SCHEDULES OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees has determined that it is necessary to amend the Water Rate Schedules of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: That the Water Rate Schedules shall be amended as more fully set forth on Exhibit "A". Section 2: These rate schedules will take effect January 1, 2008. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 2007. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 9th day of October 2007 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2007, all as required by the Statutes of the State of Colorado. Town Clerk TOWN OF ESTES PARK Proposed Water Rate Schedule IMU 2008 - 2010 ESTES PARK created 8/9/07 COLORADO TO CALCULATE YOUR MONTHLY WATER BILL: Follow the formula below using the charts for Base Fee and Volume Charge on this page Base Fee + [ (Gallons Used divided by 1,000) x Volume Charge] = Monthly Water Bill BASE FEE BY METER SIZE *Most residential meters are 3/4" METER SIZE 2007 4,2008Â·Â· c :,-Â· 00' 2009 r-22010 5, 13-iÂ·~Â·FEÂ· ~-th... i Inches: Urban Rural *Urbah ,Rural i Urban Rural k Urban>Y GRural 5/8" $15.20 $24.35 3$16.05' :$25.71 1 $16.95 $27.15 :$17.90 2$28.67 3/4" * $15.20 $24.35 3$16.05:-125.71. $16.95 $27.15 $17.90,. 2 $28.69 1" $16.70 $26.75 $17.64' $28.25- $18.62 $29.83 4$19.67 0 1 $31.50 1-1/2" $20.30 $32.50 $21.44 ~ $34.32. $22.64 $36.24 :-$23.90 2 F:$38.27 2" $22.80 $36.50 $24.08 j i $38.54' $25.43 $40.70 f $26.85 i $42.981 3" $52.30 $83.70 $55.23-~ t$88.39 $58.32 $93.34 Â·$61.59J. $98.56 4" $73.30 $117.30 . $77.40 : $$123.87 $81.74 $130.81 4$86.32 :$138.13 VOLUME CHARGE BY RATE CLASS PER 1,000 GALLONS 2007 2008 2009 2010 RATE CLASS Urban Rural Urban Rural Urban Rural Urban Rural Residential $3.20 $5.12 $3.38 $5.41 $3.57 $5.71 $3.77 $6.03 Commercial $3.12 $4.99 $3.29 $5.27 $3.48 $5.56 $3.67 $5.88 Pumped Flow $4.48 $7.17 $4.73 $7.57 $5.00 $8.00 $5.28 $8.44 Bulk Water ** $3.58 $5.73 $3.78 $6.05 $3.99 $6.39 $4.22 $6.75 ** A volume charge of $2.83 per 1,000 gallons shall be assessed to existing bulk water customers in lieu of a water connection charge. Future bulk water customers shall be assessed a volume surcharge based on the water connection charge in effect at the time of their connection. A bulk water customer who is also a pumped flow customer shall be charged the pumped flow rate. Town Clerk's Office Memo To: Mayor Baudek Town Board of Trustees Town Administrator Repola From: Jackie Williamson Date: September 28,2007 Subject: Community Special Event Vendor Licensing Background: Staff began researching the licensing of community special event vendors in response to past complaints about the impact of craft fairs in Bond Park. At the June Community Development Committee meeting, staff was directed to research and draft a proposal for licensing community special event vendors. The proposal was presented to Committee at the August meeting. At that meeting a discussion ensued regarding the licensing requirements for events and vendors renting the fairgrounds and concern was expressed that the proposed policy could have a negative impact for the Fairgrounds. Staff was directed to investigate the issue further. The attached Ordinance addresses community special event vendors within the Commercial Downtown "CD" zoning districts and requires a vendor license to be purchased by each individual vendor as well as a general license for the community special event coordinator. The proposed code language has been incorporated into the current business licensing language and has been reviewed by Attorney White. Budget. N/A Action: The Town Clerk's office requests the consideration of the proposed Ordinance for community special event vendor licensing within the Commercial Downtown "CD" zoning district. ORDINANCE NO. 19-07 AN ORDINANCE AMENDING CHAPTER 5.20 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO TO INCLUDE COMMUNITY SPECIAL EVENT VENDORS WITHIN THE COMMERCIAL DOWNTOWN "CD" ZONING DISTRICT WHEREAS, it is necessary for Chapter 5.20 of the Municipal Code to be amended with regard to licensing of community special event vendors in the Commercial Downtown "CD" zoning district; and WHEREAS, it is necessary to adopt certain terms and restrictions for the licensing of all vendors associated with special events in the Commercial Downtown "CD" zoning district; and WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado, has determined it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park, Colorado by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: Sections 5.20.010 (c), 5.20.020 (6), 5.20.030 (6), 5.20.040, 5.20.50 (b), 5.20.060 (b), 5.20.070, and 5.20.080 Sub of the Municipal Code shall be amended to read as follows: 5.20.010 Business license fee. (c) Each community special event vendor that engages in business within the Commercial Downtown "CD" zoning district of the Town shall first obtain a VGA,#ef- t>05 A<:55 license from the Town Clerk. The community special event coordinator is required to have a SEMEral business license to engage in business within Town limits. Any community special event coordinator or special event vendor with a current Town business license is exempt from this business license '1~: 5.20.020 Definitions. (6) Community special event vendor means any business that sells or offers to sell any goods, warns, merchandise or service in conjunction with a community special event within the Commercial Downtown "CD" zoning district. Community special event coordinator means the individual or organization that is responsible for the management of the community special event. 5.20.030 Amount of license fee. The business license fee is set forth as follows: (6) Community Special Event Vendor operating within the Commercial Downtown "CD" zoning district. The business license fee shall be as follows: 1-3 day $ 20.00 4 - 7 days $ 25.00 8 - 30 days $ 50.00 +30 days $200.00 5.20.040 Business license required. Every person who is the owner of any business, profession occupation, accommodation unit or community special event vendor including owners of multiple businesses at separate physical locations, which is subject to the business license fee set forth in this Chapter, shall obtain a business license from the Town prior to engaging in any business, profession, occupation, accommodation or community special event within the Town. A community special event vendor is only required to have a license when operating with the Commercial Downtown "CD" zoning district. (Ord. 1-91 Â§1(part), 1991; Ord. 19-91 Â§1(part), 1991; Ord. 4-04 Â§1, 2004) 5.20.050 Form of license; transfers. (b) Every community special event business license shall be numbered and show the vendor name, name of the event and dates applicable and shall be displayed at each booth in a conspicuous place. 5.20.060 Payment of license fee. (b) Community special event vendor fees shall be collected by the community special event coordinator and remitted to the Town Clerk with the name of the vendor, vendor's sales tax information, name of event and date(s) of event at least 10 business days prior to the start of the event. 5.20.070 Violation. It shall be a violation of this Chapter for an owner of a business, profession, occupation, accommodation or community special event vendor or any person subject to the business license fee imposed herein to fail or refuse to make payment to the Town of the fee or in any other manner to evade the collection and payment of the fee or any part imposed by this Chapter. (Ord. 1-91 Â§1(part), 1991; Ord. 19-91 Â§1(part), 1991; Ord. 4-04 Â§1, 2004) 5.20.080 Revocation of license. The Town, after giving written notice to the owner of any business, profession, occupation, accommodation or community special event vendor who has either failed to 2 pay the fee in accordance with Section 5.20.060 may revoke the license of the owner. Upon revocation of the license, the owner's right and privilege to conduct the business, profession, occupation or accommodation within the Town is terminated. (Ord. 1-91 Â§1(part), 1991; Ord. 19-91 Â§1(part), 1991; Ord. 4-04 Â§1, 2004) Section 2: This Ordinance shall take effect and be in force thirty (30) days after its adoption and publication PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2007. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2007, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk 3