HomeMy WebLinkAboutPACKET Town Board 2008-03-11FILE Prepared 3/3/08 *Revised . TOWN Of BE PARK ,~ mI 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, March 11,2008 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. SWEARING-IN CEREMONY: Town Clerk Williamson, and Commander Eric Rose. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 26,2008. 2. Bills. 3. Committee Minutes: A. Public Safety, February 28,2008: B. Community Development, March 6,2008: CVB 1. Policy Manual Update - 2009 CVB Stakeholder Rates. 2. Farmers Market Rental Agreement. 2. ACTION ITEMS: 1. RESOLUTION #06-08 - CAFETERIA PLAN CERTIFICATE OF ADOPTION. Finance Officer McFarland. 2. SYSTEM DEVELOPMENT FEE. Director Goehring. 3. LIQUOR STIPULATION AGREEMENT FOR AGAPEMOU LTD. DBA KELLI'S. Police Chief Kufeld 4. TOWN ADMINISTRATOR REPORT. 5. ADJOURN.
Cynthia Deats From: EP Administration [ir3045@estes.org] Sent: Friday, March 07, 2008 12:27 PM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 0102 ST. TIME 03/07 12:18 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5866336 Chamber of Commerce 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1
Town of Estes Park, Larimer County, Colorado, February 26,2008 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 26th day of February 2008. Meeting called to order by Mayor ProTem Pinkham. Present: Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Also Present: Town Attorney White Jacquie Halburnt, Town Administrator Lowell Richardson, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: John Baudek, Mayor Mayor ProTem Pinkham called the meeting to order at 5:35 p.m. 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 - Elkhom Lodge Redevelopment. It was moved and seconded (Levine/Blackhurst) the Town Board enter 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 for Elkhorn Lodge Redevelopment, under C.R.S. Section 24-6-402(4)(e), and it passed unanimously with Trustee Newsom absent. Whereupon Mayor ProTem Pinkham adjourned the meeting to Executive Session at 5:32 p.m. Mayor ProTem Pinkham reconvened the meeting to open session at 6:50 p.m. and called a 10 minute break. At 7:00 p.m. Mayor ProTem Pinkham called the meeting to order and all desiring to do so, recited the Pledge of Allegiance. SWEARING-IN CEREMONY. Deputy Town Administrator Richardson stated Police Chief Kufeld began his career with the Town as a Community Services Officer and has been promoted from within the organization. Town Clerk Williamson conducted a Swearing in Ceremony for the promotion of Wes Kufeld to Police Chief. PUBLIC COMMENT. Eric Waples/Town resident stated the Town Board room is a unique room not found anywhere else in Estes Park. He requested the room be available for use by the comm[Inity 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.
Board of Trustees - February 26,2008 - Page 2 Mayor ProTem Pinkham stated the School Board would be hosting a candidate forum in the Board Room on March 10th for the upcoming municipal election. The Town would be addressing a new use policy for the Board Room. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated February 12, 2008 and Joint Study Session Minutes dated January 29,2008 and Study Session Minutes dated February 8,2008. 2. Bills. 3. Committee Minutes: A. Public Works, February 14, 2008. B. Utilities, February 21,2008. a. Purchase LED bulbs for Christmas decorations - $6,800, Budgeted. b. Primary Wire Trailer - $15,921, Budgeted. c. 2008 GMC K-3500 4x4 w/utility body and crane - $39,789, Budgeted. 4. Resolution # 5-08 - Scheduling a Show Cause Liquor Hearing for Agapemou Ltd., dba KELLI's, 110 W. Elkhorn, 2nd Floor, Tavern Liquor License on March 11, 2008. 5. Estes Valley Board of Adjustment, January 8,2008 (acknowledgement only). 6. Estes Valley Planning Commission, January 15, 2008 (acknowledgement only). 7. MBIA Municipal Investors Service Corp. - Approval of 2008 Engagement Letter for Investment Services. It was moved and seconded (Levine/Eisenlauer) the Consent Agenda be approved, and it passed unanimously. l A. PLANNING COMMISSION AGENDA (Approval of) Mayor ProTem Pinkham opened the Public Hearing for all the following Consent Agenda Items: 1. CONSENT ITEMS: A. PRELIMINARY PLAT 1. Elk Run Condominiums, Lot 9, S. St. Vrain Addition, except 1507-875 & 1617-816, Ed Peterson/Applicant. B. PRELIMINARY SUBDIVISION 1. Deer Ridge Subdivision, Amended Plat of Lots 3 & 4, Skoog Subdivision, Paul M. & Katherine M. Kothevar and John A. Skoog/Applicants. Applicant requests continuance to March 25, 2008. As there were no comments, Mayor ProTem Pinkham closed the public hearing and it was moved and seconded (Newsom/Blackhurst) Consent Agenda be approved with Planning Commission conditions of approval, and it passed unanimously.
Board of Trustees - February 26,2008 - Page 3 2. ACTION ITEM: Ordinance #02-08, Rezoning Request from R-Residential to RM- Multi-Family Residential, Lot 9, S. St. Vrain, except 1507-875 and 1617- 816, Ed Peterson/Applicant - Mayor ProTem Pinkham opened the public hearing. Director Joseph stated the owner would like to condominiumized an older four-plex. The lot conforms to the minimum lot size requirements for the current zoning; however, multi-family use would be a nonconforming use in this zoning district. If rezoned, the property would become nonconforming as to lot size and density. Staff recommends the rezoning to move the property closer to a conforming use. Attorney White read the Ordinance into the record. Mayor ProTem Pinkham closed the public hearing. It was moved and seconded (Newsom/Levine) Ordinance #02-08 be approved with the condition that the Town shall reserve the right to rezone the property if the amended plat is not recorded within the timeframes established in the Estes Valley Development Code, and it passed unanimously. 2. ACTION ITEMS: 1. RE-APPOINTMENT: ESTES VALLEY BOARD OF ADJUSTMENT. It was moved and seconded to approve the reappointment of Al Sager to the Estes Valley Board of Adjustment for a 2-yr. term expiring on February 28, 2010. It was moved and seconded (Blackhurst/Homeier) to approve the reappointment of Al Sager as stated above, and it passed unanimously. 2. LIQUOR LICENSING: TRANSFER OF OWNERSHIP - PHILLIPS MANAGEMENT SYSTEMS, INC. dba 451 STEAKHOUSE TO DOUBLE PEAK INC. dba PEAK TO PEAK AMERICAN GRILLE, 451 S. ST. VRAIN AVE., HOTEL AND RESTAURANT LIQUOR LICENSE. Town Clerk Williamson reviewed the application stating all necessary paperwork had been received. Double Peak Inc. is requesting a transfer of the liquor license currently held by Phillips Management Systems, Inc. dba 451 Steakhouse. Trustee Levine reminded the applicant that the Town requires liquor licensed establishments to check identification and complete TIPs training. Tim Poynter/owner stated the restaurant staff would continually be trained. It was moved and seconded (Levine/Homeier) the Transfer of Ownership Application filed by Double Peak Inc. dba PEAK TO PEAK AMERICAN GRILLE, be approved, and it passed unanimously. 3. ESTES PARK HOUSING AUTHORITY - LOAN UPDATE FOR PINES CONDOMINIUMS. EPHA Director Kurelja stated several banks and lending institutions are willing to lend the Authority money on the rental portion of the Pines for approximately $800,000 to $1 million. The Housing Authority requested an extension of the remaining $1.6 to $1.8 million for 24 months or until other lending sources can be established. The bank and the Town would hold first position on the loan. It was moved and seconded (Levine/Newsom) to approve an extension of the Estes Park Housing Authority loan for the Pines Condominiums up to $1.8 million for two additional years. EPHA would acquire a loan of up to $1 million on the rental portion of the Pines to repaying the General Fund, and it passed with Trustee-Blackhurst recusing himself from the vote. - - - 4. APPROVAL OF FEE WAIVER SCHEDULE AND HABITAT FOR HUMANITY ANNEXATION FEE WAIVER. Director Joseph stated at the November 2007 Community Development Committee meeting a fee waiver policy was discussed and recommended to
Board of Trustees - February 26,2008 - Page 4 the Board for final approval at the November 27, 2007 Board meeting. He reviewed the approved criteria used to qualify an entity for development and/or building fee waivers. Staff requests an amendment to the policy to provide a capped dollar amount granted at the Committee level of $2,500 per project or $2,500 per unit of a multi-unit affordable housing development. If a particular project merits a more substantial subsidy, then it should be considered a part of the annual budget process. Trustee Blackhurst commented the policy is acceptable; however, he recommended the cap be equal to the highest development review fee of $3,000. After further discussion, it was moved and seconded (Blackhurst/Eisenlauer) to approve an amendment to the Community Development Fee Waiver Policy limiting requests approved at the Committee level to $3,000 per project or $3,000 per affordable housing unit, and it passed unanimously. Town Clerk Williamson stated an annexation petition and application from Habitat for Humanity was received on December 11, 2007 for the Kundtz Addition. Payment of the annexation fee was not included; however, the Clerk's office began processing the request with the knowledge that the applicant would come forward to request a fee waiver. Matthew Heiser/Habitat for Humanity stated fee waivers have already been granted for the current project; however, this is the first project in which Habitat has requested annexation. It was moved and seconded (Eisenlauer/Blackhurst) to approve the annexation fee waiver for the Kundtz Addition at $1,350.00, and it passed unanimously. 5. 4~h QUARTER SALES TAX REPORT. Finance Officer McFarland stated 2007 sales tax was $7.23 million, which was 5% greater than the original budget. This was the largest year-over-year increase in the past 10 years with 3.4% real growth. In the past ten years, sales tax has increased 24% adjusted for CPI. The summer months continue to grow faster than the off season months with lodging increasing by 6%. In 2008, staff will begin an analysis of how each vendor is categorized and make adjustments within the first quarter. Recategorizing is necessary to allow for changes in the market place and in technology. A high level of accuracy is required to assure a maximum return on investment with advertising dollars. 6. ORDINANCE # 3-08 AMENDING SECTION 2.56.020 COMPENSATION OF MAYOR AND THE BOARD OF TRUSTEES. Administrator Halburnt commented the Mayor and Trustee salaries were last increased in 2000. The Town Board salaries were compared to the regional and resort Towns used during the yearly employee salary survey and includes Avon, Breckenridge, Fort Collins, Frisco, Longmont, Loveland and Steamboat. The average salary for Mayor is $11,049 and $6,591 for Trustee. The recommendation is to increase the Mayor salary to $6,000, Mayor ProTem to $5,000 and Trustee to $4,000 per year. The increases in compensation would not be applicable to Trustees currently serving per state statute that indicates a board can not increase or decrease the compensation during the middle of a Trustee's term in office. An increase in compensation would have a positive effect to expand the pool of individuals that may run for office in the future.
Board of Trustees - February 26,2008 - Page 5 Trustee Blackhurst and Newsom stated the proposed increases are reasonable and justifiable. Trustee Levine could not support the increase during a time of recession. Milt Garrett/Town citizen supports the increases and stated the salaries could be higher. Town Attorney White read the Ordinance. It was moved and seconded (Eisenlauer/Newsom) to approve Ordinance 3-08 and it passed with Trustee Levine voting no. 3. TOWN ADMINISTRATOR REPORT. • A study session will be scheduled to discuss the Elkhorn Lodge redevelopment and roadway. • The barn survey has been completed and will be sent in the next utility bill run. Whereupon Mayor ProTem Pinkham adjourned the meeting at 8:26 p.m. Bill Pinkham, ProTem Mayor Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS ~ Town of Estes Park, Larimer County, Colorado, February 28,2008 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 28th day of February 28,2008. Committee: Chairman Newsom, Trustees Blackhurst and Eisenlauer Attending: All Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Chief Kufeld, Chief Dorman and Clerk Williamson Absent None Chairman Newsom called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. POLICE DEPARTMENT Report: 1. Estes Valley Victim Advocates: Mary Mesropian, Executive Director of Estes Valley Victim Advocates, reviewed the annual report for Estes Valley Victim Advocates and reviewed the duties for Victims Advocates staff and volunteers. 2008 marks 20 years of service to the community by the EWA that began in 1988. EWA provides advocacy to victims of domestic violence, sexual assault, stalking, other crimes and trauma. In 2008,282 men, women and children with 743 total contacts were assisted. In February 2007, the doors to the safehouse opened to serve the first family in need and have housed 27 residents providing 593 bed nights. The operating budget is funded from several organizations and foundations. Future objectives include raising funds for the purchase of a safehouse. EWA is working with the Town to obtain funding from a Community Development Block Grant for the purchase and have applied for five other grants. 2. Zone Initiative - Officer Jeremiah Polucha: Officer Polucha stated there have been six reported burglaries, thefts or criminal mischief in the past two years at the Estes Park Self Storage. He reviewed the cases stating there were 36 victims, $226 of property damage and $11,788 worth of property stolen. Graffiti was found on the seen but could not be linked to the actual crimes. Officer Polucha also searched for the stolen property and contacted Loveland and Fort Collins Police Department to search pawn records and suspected members of the local gang. He has meet with John Ericson, owner of the Estes Park Self Storage to discuss hours of operations, extra checks, gates, access per day, security system/cameras, locks, proactive measures taken, unreported burglaries/thefts, suspects, suspicious behavior/loitering, night or day burglaries, pattern of units targeted, rental procedure, insurance, commitment and a letter to tenants. Possible solutions include video cameras, "dummy" video cameras, post signs, install automatic gates with keypad entry, hire an attendant, require tenants to use high security padlocks, require Colorado ID, address, phone number and references for new tenants, remove cinder blocks and spare lumber from premises, increase extra checks/police patrols, employ a security company to patrol at random times and improve the lighting.
RECORD OF PROCEEDINGS Public Safety Committee - February 28,2008 - Page 2 3. Code Enforcement Project Information Report: The Police Department has initiated a code enforcement issue at the 1600 block of Highway 66. The properties include old cars, trucks, inoperable equipment, trash, lumber, building materials, mobile homes etc. This is a violation of the code. Code Enforcement Officer Hart is actively working on the issue and plans to have it resolved within six months. Code Enforcement Officer Hart reviewed the properties and the issues involved. A task force will be used and includes the Police Dept. as lead, Community Development staff, Larimer County Building Dept., Larimer County Code Compliance, Larimer County Sheriff and National Park Service. The task force will meet next Thursday to identify goals, areas of responsibility, discuss resource availability and develop a timeline for the project. FIRE DEPARTMENT Report: 1. 2007 Year End Report: Chief Dorman provided the Committee with a report summarizing activities of the Estes Park Volunteer Fire Department through December 31, 2007, which included the election of officers, financial information, a recap of training programs, and incident totals for the year categorized by type and location. Blackhurst stated this report will be useful for the Fire District task force. He also suggested that the Fire Department provide the Trustees with a weekly report of incidents similar to the one provided by the Police Dept. MISCELLANEOUS Deputy Town Administrator Richardson stated that applications for the Fire District task force will be taken until March 28th with three positions each from the county and the town. The first meeting will be held on April 2nd Chief Kufeld reviewed the Police Commander interviewing process and stated Eric Rose was selected to fill the position. There being no further business, Chairman Newsom adjourned the meeting at 9:24 a.m. Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 6,2008 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 6th day of March 2008. Committee: Chairman Pinkham, Trustees Eisenlauer and Levine Attending: Chairman Pinkham, Trustees Eisenlauer and Levine Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Directors Pickering, Kilsdonk and Joseph, Managers Marsh, and Mitchell, and Deputy Clerk Deats Absent None Chairman Pinkham called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None CONVENTION & VISITORS BUREAU. FARMERS MARKET AGREEMENT - REQUEST APPROVAL. The property that previously provided a location to the Estes Valley Farmer's Market has been sold. The Market must relocate and has requested the use of the Fairgrounds i parking lot. Staff considers the Farmer's Market to be compatible with the mission of the Fairgrounds, and to locate it in the parking lot west of the ticket office would provide the local community with easy access to the market and provide participants in other events being held at the Fairgrounds the opportunity to shop at the Market. The Market is scheduled to be open from 8:00 a.m. till 1:00 p.m. on Thursdays between June 5, 2008 and September 25,2008. The location does not interfere with the exclusive sales area of the concession stand and appropriate sales tax information for the vendors and proof of insurance will be required. The Farmer's Market will set up at the far west side of the Fairgrounds property when and if a conflict with a horse show event occurs. A fee of $850 for the entire season has been established. The Committee recommends approval of the agreement with the Estes Valley Farmers Market as presented. 2009 CVB STAKEHOLDERS FEES - REQUEST APPROVAL. The CVB offers stakeholders free and fee-based products and services that are geared toward providing information to visitors. A business is automatically a stakeholder of the CVB if they hold a current business license and are inside Town limits. Businesses that are located outside of Town limits but within 12.5 miles of Town, can become a CVB stakeholder by paying a fee. Free services include phone and Visitor Center referrals and a basic listing on the CVB's website www.EstesParkCVB.com. Stakeholders have the option to purchase enhanced advertising services on an annual basis. Staff is recommending changes to the stakeholder services fee schedule for 2009 for services such as the enhanced web listing, lodging "book now" options, group listings and brochure rack advertising. The Committee discussed the proposed changes stating that businesses are receiving a-high level of.service for their investment. The Committee recommends approval of the 2009 CVB Stakeholder Fee Structure as presented to be included on the consent agenda at the March 11, 2008 Town Board meeting. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Marketing • Stakeholder Services Year-End Report
RECORD OF PROCEEDINGS Community Development - March 6,2008 - Page 2 • Visitors Services Report • Conference Center Year-End Report The Committee requested background related to the Second Wind, Ltd. Advertising Agency account. Mgr. Marsh reported that it is a pass-through account utilized for the purchase of ad placements at a discounted cost. Funds received from third party ad sales are deposited into the account with all related sales costs and production expenses subsequently paid from the account. Administrator Halburnt stated that it is possible for the Town of Estes Park to receive the same discounts that were previously available only through the advertising agency and that there is no reason not to integrate these monies into the CVB Fund. She stated that staff will return to Committee next month with details regarding this matter. Highlights of the reports were discussed and included: the rising number of out of town businesses that are CVB stakeholders; the increase in number of ambassadors volunteering at the CVB; requests for visitor guides are at a ten year high; and the length of time conference participants stay in Estes Park is increasing. MUSEUM/SENIOR CENTER SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Museum Monthly Report • Senior Center Monthly Report Highlights of the reports were discussed and included: the Colorado-Wyoming Association of Museums conference will be held in Estes Park in May of 2009; Meals on Wheels program usage has increased; and scheduled programming at the Senior Center is well attended. Dir. Kilsdonk stated that the Museum has discontinued selling commemorative coins and thanked the First National Bank for the opportunity. COMMUNITY DEVELOPMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Community Development Financial • Monthly Building Permit Summary The Committee requested that staff provide information related to the tracking of new construction vs. remodels and renovations be presented at a future meeting. ADMINISTRATION. REQUEST PAYMENT OF INTEREST ON SUBDIVISION CASH GUARANTEE. In 2008, David Habecker requested payment of interest that was earned on money he deposited with the Town of Estes Park in 2004 as a guarantee for subdivision improvements. Improvements required by the Estes Valley Development Code must be installed prior to final plat, and if this is not possible, the Town allows a guarantee for the work in the form of: a deposit with the Town Clerk of a corporate surety bond in a form acceptable to the Town in an amount not less than staffs estimate of the cost of the completion of all required improvements; a deposit of cash in an amount not less than staffs estimate of the cost of completion of all required improvements; or an irrevocable letter of credit in a form acceptable to the Town in the amount not less than staffs estimate of the cost of completion of all required improvements. Mr. Habecker wrote the Town a check for $27,600 as a subdivision performance
RECORD OF PROCEEDINGS Community Development - March 6,2008 - Page 3 guarantee; the deposit was returned to him in July 2007 in the amount of $27,600, without any interest paid. Former Town Administrator Randy Repola made an administrative decision at the time to not pay interest earned because there is no policy for payment of interest, and because the subdivision guarantee is not required to be cash. Finance Officer McFarland estimated the interest earned on Mr. Habecker's money to be approximately $3,373 over the three year period. Staff requests that the Committee consider the following options: continue to not pay interest on cash guarantees; adopt a policy similar to the Town's electric deposit policy which allows for the payment of accrued interest at a rate set by the Colorado Public Utilities Commission; or eliminate, or set a limit, on the cash option guarantees. If the Committee favors paying interest on cash guarantees, staff recommends retaining a reasonable administration fee. Mr. Habecker stated that the Town should have a policy that lets people know up front if interest will be received on funds deposited as a cash guarantee. Discussion followed and is summarized: agree that a policy is needed; purpose of the guarantee is to provide an incentive to insure work/improvements will be done in a timely manner; handling fee is currently charged for processing letter of credit; establish a policy and identify associated fees; set effective date and ensure all cash guarantees are handled the same way; and policy and Mr. Habecker's request are two different issues. The Committee requested that staff develop a policy for review at the next Community Development meeting, at which time Mr. Habecker's request for payment of interest will be re-addressed. REPORTS. • Housing Needs Assessments - Rita Kurelja, Estes Park Housing Authority (EPHA) Director, introduced Chris Cares and Sarah Brown from RRC Associates, who reported on a community-wide housing assessment that was conducted during the summer of 2007 through a $44,000 grant awarded by the State Division of Housing. They reviewed the study methodology, the demographic economic market conditions, housing demands and preferences, and recommended next steps to be taken based on the collected information. The study findings indicate that over the next eight years there will continue to be a growing need for housing, including affordable housing units, based on anticipated growth and employment opportunities. The Committee stated that housing is a community issue and discussed the study's findings and the accuracy and relevancy of the Division of Local Affairs model that was used in the report, as it relates to the Estes Valley. Dir. Kurelja stated that the EPHA will be using the housing assessment report and slide show to educate the community about housing needs, and that she will be researching creative, innovative programs that are currently being proposed and/or implemented throughout Colorado. Denise Selders from the State Division of Housing stated she is pleased to know the information will be used to garner community support for housing issues. There being no further business, Chairman Pinkham adjourned the meeting at 10:56 a.m. Cynthia Deats, Deputy Town Clerk
Finance Department Memo To: Honorable Mayor Baudek Board ofTrustees Town Administrator Halburnt From: Steve MeFarland, Finance Officer Date: March 11, 2008 Subject: Resolution to adopt cafeteria plan agreement Background Changes in the Town ofEstes Park's employee benefit plans are adopted by resolution, as they occur. Documentation/explanation Effective January 1, 2008, the Town of Estes Park changed flexible compensation benefit carriers from Payflex to Discovery Benefits. The Cafeteria Plan and Dependent Care Assistance programs are affected. There is no change in coverages. Action steps requested Approval ofresolution to adopt 2008 cafeteria plan agreement.
RESOLUTION NO. 06-08 WHEREAS, the Town of Estes Park, Colorado is authorized to adopt benefit plans, the Town hereby adopts the following measures as a formal action. WHEREAS, the form of Cafeteria Plan, including a Dependent Care Assistance Program and Health Care Reimbursement Plan effective January 1, 2008, presented to at this meeting is hereby approved and adopted and that the duly authorized agents of the Town are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan; and WHEREAS, the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that the duly authorized agents of the Town shall act as soon as possible to notify the employees of the Town of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented at this meeting, and which form is hereby approved. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,2008. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk
TOWN of ESTES PARK Utilities Department ESTES PARK INTER-OFFICE MEMORANDUM COLORADO DATE: August 8,2007 TO: Utilities Committee FROM: Bob Goehring SUBJECT: System Development Fee Background: All new customers who request water service are required to pay Connection Charges (tap fees). These one-time charges are a way for the utility to recover a part of the cost for constructed system capacity and water rights obtained for new customers. There are two components within our Connection Charge; a System Development Charge (SDC) and Water Rights Fee. The current SDC portion has not changed since 1995 and is currently $1840. The water rights portion of the Connection Charge was reviewed in 2003 by Black and Veatch and was increased from $2000 to $5400. The Black and Veatch study also recommended that the charge for water rights be reviewed annually and adjusted if necessary using the attached Black and Veatch annual Water Rights Fee calculation. In 2007 HDR was hired to review our System Development Charges and make recommendations. The System Development Charges developed by HDR in this report are based on the planning and engineering design criteria of Estes Park' s water system, the actual cost of the existing assets, future capital improvements related to growth, and "generally accepted" ratemaking principles. Adoption of the new System Development Charges will provide multiple benefits to Estes Park Water Department in creating equitable and cost-based charges for new customers connecting to Town' s water system. The entire document is available on the www.estesnet.com. This report from HDR recommends the following changes to our System Development Charges. See attached CURRENT AND PROPOSED CONNECTION CHARGES Cost / Budget: NA Action: Staff recommends setting a rate hearing on April 22,2008 at the Town Board meeting to adopt the rates increases Proposed in the HDR report titled Water System Development Charges and Water Rights Fees, dated December 2007. Also that we adjust the System Development Charges each year by an escalation factor to refiect the cost of interest and inflation. We will use the Engineering News-Record Construction Cost Index, which tracks changes in construction costs for utility projects.
TOWN OF ESTES PARK CURRENT AND PROPOSED CONNECTION CHARGES (TAP FEES) February 2008 RESIDENTIAL Existing Proposed 1 ERU (Equivalent Residential Unit) Water SDCs (PLANT FEE) $1,840 $4,940 Water Rights Fees $5,400 $5,450 Total $7,240 $10,390 MULTI-FAMILY Existing Proposed .70 ERU Water SDCs (PLANT FEE) $2,409 $3,460 Water Rights Fees $2,659 $3,815 Total $5,068 $7,275 ACCOMMODATIONS Existing Proposed .60 ERU Water SDCs (PLANT FEE) $2,065 $2,965 Water Rights Fees $2,279 $3,270 Total $4,344 $6,235 COMMERCIAL (NON- Existing Proposed ACCOMMODATIONS) 5% per fixture unit Water SDCs (PLANT FEE) $92 $247 Water Rights Fees $270 $275 Total $362 $522 Minimum (>11 Fixture Units) $2,300 $3,270
Black & Veatch Annual Water Rights Calculation Colorado Big Thompson Water Rights Assumptions: Annual ERU Usage (acre/feet) [1]: 0.22 Loss of water in distribution system [2]: 16% Expected yield of Colorado Big Thompson (CST) Water units [3]: 62% CST price per unit 2002 $11,150 Cost escalated per SLS inflation from 2002 [4] 1.16 Escalated CST cost per unit $12,900 CBT Water Rights Calculation: [1]/(1 -[2])x 1/.62x $1 2,900 $5,450 Notes: [1] From Exhibit 1: gallons/day/ERU times 365 divided by 325,851 gallons =annual acre fee/ERU [2] Losses from 2000 to 2006 averaged 16%, per Public Works 2006 Water Audit (AWWA file). [3] Town of Estes Park Water Rights Summary Oct. 3,2006 update provided annual average allocation of .62. This is in line with standard average of 60 to 70 percent (Jerry Kenny, HDR water rights expert). [4] Using the September 2007 CPI All Urban Consumers Index - All U.S. cities.
Town Clerk's Office Memo TO: Honorable Mayor Baudek Board of Trustees From: Town Clerk Williamson Date: March 6,2008 Re: Stipulation Agreement for AGAPEMOU, LTD. dba KELLI'S Background On March 6, 2008, Chief Kufeld, Attorney White and I met with Anastaisi Kermamidis, President of Agapemou Ltd., owner of Kelli's. We explained the allegations made by the Police Department that set forth the need for a Show Cause Hearing. As authorized by the Town Board, we also explained the Stipulation and Agreement. Based on the allegations, staff presented a Stipulation and Agreement for a 21-day suspension associated with 12-47-901 sale to an underage person, AND an additional 30-day suspension associated with 47-700(A), C.C.R. 203-2 failure to allow inspection or access to the licensed premise, for a TOTAL CONSECUTIVE SUSPENSION OF 30 DAYS of its Tavern Liquor License with 21 days held in abeyance for one-year from the date of the "Findings and Order of Suspension." The Stipulation and Agreement includes T. I.P.S. training for the licensee and all the permanent employees within 90 days and all remaining employees within 12 months. Action As authorized by the Town Board, staff is recommending a 30-day suspension from 12:01 a.m. Wednesday, March 12th through 11:59 p.m. Friday, April 11th.
BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: AGAPEMOU, LTD. D/B/A KELLI'S 110 WEST ELKHORN, 2ND FLOOR ESTES PARK, COLORADO 80517 LICENSE NO: 41-52950-0000 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and AGAPEMOU, LTD DBA KELLI'S 110 WEST ELKHORN, 2ND FLOOR, P. O. Box 1643, ESTES PARK, COLORADO 80517, LICENSE NO: 41-52950-0000, ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above-named parties submit and agree as follows: 1. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to confront witnesses presented by the Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations.
3. The Licensee agrees to: (a) a 51-day suspension, with an actual time served of 30 days of its Tavern Liquor License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's Tavern Liquor License to take place as follows: From 12:01 a.m. day, March 12, 2008 through 11:59 p.m. day, April 11,2008. (b) The Licensee and Licensee's permanent employees (as determined by the Licensee) are required to attend certified T. I.P.S. Training (Training for the Intervention Procedures by Servers of Alcohol) within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified T. I.P.S. Training shall train their remaining employees within 12 months from the date of the Finding and Order of Suspension. (c) The 21 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period. 4. The parties agree that nothing set forth in this Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's Tavern License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. DATED this (04'~ day of WARQLCA\ ,2008. KELLI'S TOWN OF ESTES PARK ze=/ xe_- 49.E.. -249» 64/ 042 Title: pet 4 1 * AN , Est@£*ark Pofice Ddbartment / gr: & D. 9 1% 6 742 Cut.-3. i \_. 3% - Q Q. A ...Arv~ ,Cw•,4-0 T~tf ~lerk 0 €14.8 Ab' . Ch·F oy 474: Cou Ul**S> 44/lili " Ill'"a «'C )
.. 0 BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY TOWN OF ESTES PARK, COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: AGAPEMOU, LTD. D/IVA KELLI'S 110 WEST ELKHORN, 2ND FLOOR ESTES PARK, COLORADO 80517 LICENSE NO: 41-52950-0000 WHEREAS, it has been made to appear to the Local Licensing Authority, Town ofEstes Park, State of Colorado, that Agapemou, LTD., d/Wa Kelli's, 110 West Elkhorn, Estes Park, Colorado 80517 ("Licensee"), has violated the statutes or the rules and regulations of the Department of Revenue governing its tavern liquor license in the following particulars: I) Pursuant to Section 12-47-901 (1)(a.5)(I), C.R.S.,except as provided in Section 18-13-122, C.R.S., it is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years. A) It is alleged that on December 31, 2007, the Licensee, through its employee/agent, Anastasis Keramidis, permitted the sale, serving, giving, or procuring ofan alcohol beverage to Corey Hansen (Date of Birth: 07/01/1988), a person under age 21 years. B) It is alleged that on December 31,2007, the Licensee, through its employee/agent, Kyle Ester, permitted the sale, serving, giving, or procuring ofan alcohol beverage to Corey Hansen (Date of Birth: 07/01/1988), a person under age 21 years. C) It is alleged that on December 31,2007, the Licensee, through its employee/agent, Anastasis Keramidis, permitted the sale, serving, giving, or procuring of an alcohol beverage to Nicole Vieira (Date of Birth: 09/26/1987), a person under age 21 years. D) It is alleged that on December 31,2007, the Licensee, through its employee/agent, Kyle Ester, permitted the sale, serving, giving, or procuring ofan alcohol beverage to Nicole Vieira (Date of Birth: 09/26/1987), a person under age 21 years.
Order to Show Cause and Notice of Hearing Kelli's Page 2 of 3 II) Pursuant to Regulation 47-700 (A), C.C.R. 203-2, the licensed premises, including any places of storage where alcohol beverages are stored or dispensed shall be subject to inspection by the state or local licensing authorities and their investigators, or peace officers, during all business hours and all other times of apparent activity, for the purpose of inspection or investigations. Where any part of the licensed premises consists of a locked area, upon demand to the licensee, such area shall be made available for inspection without delay; and upon request by authorized representatives of the licensing authority or peace officers, such licensee shall open said area for inspection. A) It is alleged that on or about February 2, 2008, the Licensee, through its employee/agent, Kyle Ester, refused to allow inspection or access to the licensed premises, during a time ofapparent activity, upon the demand ofRay Meyer, a peace officer in and for the Town of Estes Park, Colorado for the purposes of conducting a criminal investigation into an incident which occurred on the licensed premises. B) It is alleged that on or about February 2, 2008, the Licensee, through its employee/agent, Noel Montemayor, refused to allow inspection or access to the licensed premises, during a time of apparent activity, upon the demand of Robert Schumaker, a peace officer in and for the Town of Estes Park, Colorado for the purposes of conducting a criminal investigation into an incident which occurred on the licensed premises. NOW THEREFORE, you are hereby ordered to appear before the local licensing authority to show cause why your said license should not be suspended or revoked as by law provided. A Show Cause Hearing is set for March 11,2008 at 7:00 p.m. and will be held in the Town Board Room at 170 MacGregor Avenue, Estes Park, Colorado. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a postponement will not be granted except for good cause shown. Ifyou should fail to appear at the scheduled time and place for the hearing, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor or Beer Code may be suspended or revoked. Please be further advised that ifthe Local Licensing Authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor or Beer Code, the Local Licensing Authority may consider, in selecting the sanction to be imposed against you, any mitigating or aggravating factors, any prior Violations ofthe Colorado Liquor or Beer Code, as well as any sanction-§ Previously
Order to Show Cause and Notice of Hearing Kelli's Page 3 of 3 imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned Licensee. IN WITNESS WHEREOF, I have here unto set my hand and seal of my office this 27 +4 day of Eeeeu#ZA.~ , 2008. e,r'.90'19 5 1 J!;01* ·0-4 tb TES 4*" ...19% €r.. &- 00+1 20• t.2 E'-: -0.-1 .ATLA Q Q .. . A A-44-27. k %r: 96:.45.,067 4/494 C 00*B> 444,/11111111,%\00