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Home My WebLink AboutPACKET Town Board 2010-03-23Prepared 3/15/10 PILE *Revised TOWN or ESTES PAR.IÂ© 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 23,2010 6:30 p.m. AGENDA GRADUATION CEREMONY: 2010 CITIZENS INFORMATION ACADEMY (CIA) PARTICIPANTS. Mayor Pinkham, Community Services Director Kilsdonk and Town Administrator Halburnt - Present Participation Certificates to the following class members: Reuben Bergsten Sheila Brennan Kathy Bryson Don Bryson Connie Clark Charley Dickey Joseph Evans Gayl Foshae John Guffey Raymond Hertz Susie Hertz Darlene Homme Thor Homme Alicia Mittelman Ward Nelson Rex Poggenpohl Sharon Poggenpohl Robert M. Rising J. Philip (Joe) Sarboe Peter Sinnott Stephanie Sinnott Roger Steers Joshua Timberlake PUBLIC RECEPTION will be held immediately following the ceremony (10 Minutes). *** REGULAR MEETING TO START AT 7:00 p.m. *** PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). ACKNOWLEDGEMENT OF AL SAGER'S YEARS OF SERVICE. Mayor Pinkham. PROCLAMATION - VOLUNTEER WEEK APRIL 18TH - 24â„¢. Mayor Pinkham. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS. 1. CONSENT AGENDA: 1. Town Board Minutes dated March 9, 2010 and Town Board Study Session Minutes dated March 9, 2010. 2. Bills. 3. Committee Minutes: A. Community Development, March 4, 2010. B. Utilities Committee, March 11, 2010. 1. 2010 Tree Trimming contract - Asplundh, $113,664 - Budgeted. 4. Estes Valley Planning Commission Minutes February 16, 2010 (acknowledgement only). 5. Estes Valley Board of Adjustment Minutes February 2, 2010 (acknowledgement only). 6. Resolution #06-10 - Schedule public hearing date of April 13, 2010 for a New Tavern Liquor License Application filed by CFJM Enterprises Inc. dba TimeOut Sports Grill and Taphouse, 358 East Elkhorn Avenue. 2. LIQUOR ITEMS. 1. RENEWAL APPLICATION FILED BY MONTEGO BAY ENTERPRISES INC. dba WAPITI RESTAURANT AND PUB, 247 W. ELKHORN AVENUE. Town Clerk Williamson. 3. REPORTS AND DISCUSSION ITEMS: 1. GRANDSTAND PROJECT UPDATE. Deputy Town Administrator Richardson. 2. TRANSPORTATION HUB FUNDING. Director Zurn. 3. PUD PROBLEM STATEMENT. Director Joseph. 4. TOWN ADMINISTRATOR REPORT. Town Administrator Halburnt. 4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. ACTION ITEMS: Mayor Pinkham: Open the Public Hearing (A). The formal public hearing will be conducted as follows: â€¢ Mayor - Open Public Hearing â€¢ Staff Report â€¢ Public Testimony â€¢ Mayor - Close Public Hearing â€¢ Motion to Approve/Deny. A. Ordinance #11-10 - Micro-Wind Turbine Amendments to the Estes Valley Development Code - Public Hearing. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. B. Special Review #2010-01, Circle of Friends Montessori School, Lot 1, Masonic Subdivision, Circle of Friends Montessori School/Applicant. C. Improvement Guarantee Time Extension, Streamside on Fall River Condominiums. Applicant requests a 3 year time extension on the construction of adequate public facilities. 5. ACTION ITEMS: 1. APPOINTMENTS: a. Tree Board - Craig Adams, completing term of Wendell Amos, expiring 04/30/12. b. Estes Valley Board of Adjustment - Mark Elrod, 3-year term, expiring March 31, 2013. c. Platte River Power Authority - Reuben Bergsten, completing term of B. Goehring, expiring December 31, 2011. 2. EXTENSION OF ESTES PARK HOUSING AUTHORITY LOAN. Finance Officer McFarland. 3. FEE WAIVER FOR PARK THEATER MALL BUSINESSES. Administrator Halburnt. 4. CONCESSION STAND TENANT FINISH CONTRACT. Director Zurn. 5. ORDINANCE #10- 10 AMENDING AND RESTATING TITLE 2 PERTAINING TO ADMINISTRATION AND PERSONNEL AND SECTION 9.02.040 (1) PERTAINING TO FALSE REPORTING TO AUTHORITIES. Attorney White. 6. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Jackie Williamson From: Admin iR3045 Sent: Wednesday, March 17, 2010 4:30 PM To: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2503 ST. TIME 03/17 15:20 PGS. 3 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 6672527 Greg White 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 2247899 Coloradoan 5771590 EP News ERROR ----- 1 Town of Estes Park, Larimer County, Colorado, March 9, 2010 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 gth day of March, 2010. Meeting called to order by Mayor Pinkham. Present: Mayor William C. Pinkham Mayor Pro Tem Chuck Levine Trustees Eric Blackhurst Dorla Eisenlauer John Ericson Richard Homeier 4-h Also Present: Jacquie Halburnt, Town Administrator / Lowell Richardson, Deputy Tov,'Administrator Greg White, Town Attorney ' I, -*..I 11 Jackie Williamson, Town Clerk - - \01 Absent: Jerry Miller, Trustee \ 1 /3 1 Mayor Pinkham called the meeting to order at *:00*mfand all desirind to do so, recited the Pledge of Allegiance. 1.,U . PROCLAMATION - GIRL SCOUTS. a. Mayor Pinkham read and presented.a prodamdtion celebrating the 98th anniversary of the Girl Scouts of America to local Girl Sbout tihembers.:~ 4.-2 6% I / PUBLIC COMMENT./<--, 4 1 / Paul Fishman/Towri citizen sfated Senate Bill 09-173 the Colorado Regional Tourism Act was passed a*yeAr ago. *He 'has not heArd the Town Board discuss how it may benefit the Town. He 8ommented thatall ParK Theater Mall businesses destroyed in the fire have.been rer?ioved from the CVB Webdite. $ 1\X I 43. \\ TOWN BOARD COMMENTS. Trustee. Blackhurst remiAded the public of the Estes Park Housing Authority meeting to be hdld A WednesdAy, March 10,2010, at 8:30 a.m. in Room 203 of the Town Hall, and the'Utilitig Committeetmeeting scheduled for Thursday, March 11, 2010, at 8:00 a.m. in the Town Board Room. 1 1/ I 4 Mayor Pro Te~Lm>ihe refninded the public to pick up nomination forms for the Estes Park Pride Awards fo[Volunteer of the Year, Teach of the Year and Business Owner of the Year. Mayor Pinkham stated Census forms have been delivered and he encouraged Estes Park citizens to return the forms. He thanked all the individuals that came forward to become candidates in the upcoming Municipal Election in April. 1. CONSENT AGENDA: 1. Town Board Minutes dated February 23, 2010 and Town Board Study Session Minutes dated February 23, 2010. 2. Bills. 3. Committee Minutes: A. Public Safety, February 18, 2010. Board of Trustees - March 9, 2010- Page 2 1. Intergovernmental Agreement with Larimer Emergency Telephone Authority for Pictometry Imaging System. 4. Bureau of Reclamation Special Use Permit for Prospect Mountain Communication Building and Tower. It was moved and seconded (Levine/Eisenlauer) to approve the consent agenda, and it passed unanimously. 2. REPORTS AND DISCUSSION ITEMS: 1. COLORADO EDUCATION FUNDING & EFFECTS ON PARK R-3 DISTRICT. Superintendent Linda Chapman, Director of Business Services Patrick Hickey and Board Member Marie Richardson reviewed the School Districts funding which consists of 91% from local property taxes and 9% from state funding. The average state funding for a school district in Cdlorado is 36%. The District would cut 10% from it 2010/2011 budget, and the fundipg per child would drop $2,000 below the national average. The District. may4 need to cut up to $600,000 while health care and PERA contributibns'increase. On a positive note, the District maintains a 30% fund.dalaAce, received a~mill levy increase and new energy efficient buildings. Fourteen employees have taken advantage of the voluntary separation incentiv@ program a~}d,part-time PERA employees would not continued to be employed. This would decrease the. staff by 17 FTEs. Several cuts are needed; how@vet, th4 pay scale, benefits and programs would not be cut.- Board Member Rittiardson stated the Town Board and the citizens can supAort ihe*School distri8tj by communicating with their legislators, attend communitÂ© medting with Senator Lundberg, support an education foundation/donationt,support the. Lobhto Adequacy lawsuit and help to attract youn~[amilies. i j *6 1 1 1/ r..... k ': I / 2. 2009 FINALiSALES TAX REPORT. Finance Officer McFarland reviewed:the sales tax report that was reviewed during thT Fe6ruary 21 2010 meeting. , ..N., , e g 3. TOWN ADMINISTRATON REPORT. 4 The-grdndstdnd steel structure continues to be constructed and the , 'bleachers Ahould be Belivered the week of March 22, 2010. ~She encourabed the bitizens of Estes Park to nominate individuals, teachers and bOsinessoWners for the Pride Awards. â€¢,Trillstee candidate information may be viewed on the Town website for all eight,Eric,Blackhurst, Art Blume, Dorla Eisenlauer, Mark Elrod, Paul Fishqlan, Davjd Habecker and Wendy Koenig * I I. 3 I 3. ACTION ITEMS: " 1. ORDINANCE #08-10 LEASE AGREEMENT WITH THE ESTES VALLEY RECREATION AND PARK DISTRICT FOR A PORTION OF STANLEY PARK FAIRGROUNDS. Attorney White stated the Town has leased the Recreation District approximately 27 acres of the Stanley Park Fairground property through 2017. The District has received a grant for upgrades to the recreational and restroom facilities that requires the District to have possession of the property for 25 years. As part of the grant terms, the Town would be required to execute a Covenant on the leased premises and bear the responsibility to operate and maintain the facility if the District does not renew its lease with the Town. The new Lease Agreement contains the same terms and conditions except for the primary lease term would be ten (10) years with three (3) additional five (5) year periods at the option of the District. The lease also recognizes the use restrictions on the Stanley Fairgrounds property as contained in the Deed from Board of Trustees - March 9, 2010- Page 3 F.O. Stanley to the Town and requires the District not to violate the terms and conditions of those use restrictions on the property. Director Gengler stated the new lease and continued community involvement would help the District obtain future grants. After further discussion, it was moved and seconded (Blackhurst/Homeier) to approve Ordinance #08-10 for the lease of the Stanley Fairgrounds to the Estes Valley Recreation and Park District, and it passed unanimously. 2. 2010 SHUTTLE SCHEDULE. The 2010 shuttle schedule was presented to the Town Board as a report at the February 23, 2010 meeting. The Board requested staff meet with representatives of the Estes Area Lodging Association (EALA) and the Local Marketing District (LMD) to discuss the hours of operation and advertising. Rocky Mountain Transit (RMT) representative Joe Walsh suggested if the hours were to increase from an end time of 7:00 p.m.:tb 9.00 p.m. that only one bus run both shopper shuttle routes for the remaining 2'hours of the evening. This would essentially provide two more trips through*own (1 hour route vs. 30 minute route) at a cost of $8,000 in lieu,6f two,buses at $16,000. It was suggested that advertising could once again.be sold dhethekbpses if RMT could find the appropriate small buses and ad kpabe on the bhuttl*4~nap could also be sold to recoup the additional costs of adding 2 hours to the shopper shuttle. Route designators were also discu46+And it wassuggested-staff.investigate the costs associated with changing 4the "currept'color routes to animal names and images. EALA and the LMD ard plahning,t6 increase promotion of the shuttle and have requested the Town conhider adding the September weekends if the early season numbers are up.44 \~ Comments were heard from Lyn@tte j-dtt/EAL~,-Cory Blackman/LMD Board Member, David Habecker/Town citizenhnd Accominodation Owner and Frank Theis/ County, titizen. ThanRed ~stah fotmeetihg with EALA and the LMD represent*v*s to- develop a sblution,for the hours of operation and stated support for the broposal. Mr. Habeckerstated the shuttles are a lost-leader that have become b.necessary,function during the height of the season. Mr. Theis spoke to thd nedd for consisikncyÂ® make a shuttle system effective and is not in'faVor otonlfone bl,s from 7:00 pirn. to 9:00 p.m. X . ' Â¤eggy Carnpbeli/LMD Director stated selling advertising on the buses could be accomplishdd this season : as it has been done in the past successfully. *, Hdwever, she wastnot in favor of placing ads on the shuttle maps because it Would be difficult to establish a new product prior to the busy season. 14 X.\ t. k After furthbrdiscussion, it was moved and seconded (Levine/Eisenlauer) to approve the addition of 2 hours to one shopper shuttle bus from 7:00 p.m. to 9:00 p?m.' at an approximate cost of $8,000 to be offset by any advertising sold on the buses and/or shuttle maps, and it passed unanimously. Mayor Pinkham would fund any shortfall from the mayor's contingency fund. 3. ORDINANCE #09-10 EXTENSION OF TEMPORARY WIND TURBINE MORATORIUM. Attorney White stated the Ordinance would renew the moratorium for an additional 175 days ending August 31, 2010. The extension would provide the Estes Valley Planning Commission time to redevelop regulations related to micro-wind and small wind turbines. It was moved and seconded (BlackhursUHomeier) to approve Ordinance #09-10 for the extension of the temporary wind turbine moratorium, and it passed unanimously. Board of Trustees - March 9, 2010- Page 4 4. ORDINANCE #10- 10 AMENDING AND RESTATING TITLE 2 PERTAINING TO ADMINISTRATION AND PERSONNEL AND SECTION 9.02.040 (1) PERTAINING TO FALSE REPORTING TO AUTHORITIES. Attorney White presented amendments to Title 2 of the Municipal Code that includes only those sections required by the State statutes; removes all portions that should be located in policy manuals, i.e. Tree Board and Unclaimed Property; consolidation of sections for appointment of Town Officers; removal of appointment of Fire Chief due to the formation of the Fire District; recognition that certain personnel, such as the Police Chief, are not required to be appointed; and recognition that mail ballot elections require the seating of new Trustees and appointment of Officers to be held following certification of the election results. With the passing of a new Fire District Section 9.02.040(1) shall be amended to remove the reference to the Volunteer Fire Department. Trustee Homeier stated the relationship of the Clerk and the Treasurer should be clarified in the amendments. r 16.43. After further discussion, it was moved and sec6nded (BlapkhursULevine) to table the item to the next Town Board4heeting on Ma*rch 23, 2010 to allow 44 the Board to thoroughly review the,changes, and it passad una~imously 4 1% \13 Whereupon Mayor Pinkham adjourned the me;ting ht 9: 14. m. (1\ \~~ C~fW . \691%7, . I.# 1 William C. Pinkham, Mayor , :4 -/ / ''â€ž- h 1..X:/ 11 f ~ Jackie Williamsonf Towh Clerk b j 4 1 t .. , m X , 9%, 4 RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 9, 2010 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202 & 203 in said Town of Estes Park on the 9th day of March, 2010. Board: Mayor Pinkham, Trustees Blackhurst, Eisenlauer, Ericson, Levine and Homeier Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Town Attorney White, Finance Officer McFarland, Town Clerk Williamson Absent Trustee Miller i Mayor Pinkham called the meeting to order at 5:30 p.0.1 i j PARK THEATER MALL FEE WAIVER REQUEST. / 4.\ Town Administrator Halburnt stated the Town/Board consideredwaibing business license fees for the businesses completely destroyed in thE fire at the Jhnualy 12,2010 meeting. Paul Fishman/Park Theater Mall (PTM) bbsin4ss owner request@dthe item be tabled to allow the PTM business ~owners to approach> the Board with additional fee waiver requests. A meeting was fiald>10 discJss the proposed waivers and the information was then presented to the Community De*elopinent Committee in February. The CDC requested the entire Board hAar the proposal. s. Dana Kortokrax/PTM representative presJntedthe'prpÂ®sal that included one point of contact; sales tax rebates (7590ypar oRe alid 50% yeAr tdo); temporary waiver of fees for 2010 & 2011 for'business'licenses, pbrmittees that were paid by a business when opening includinisighs and,intdrnal building, Visitor Center advertising space for notifying the public hbollbthe destroyed b~sihgsses status, signs at the site notifying the public of the -ETM bUsinesses and.waiver#for deposit on utilities at a new location; constructb temporag walkway; and expedit; the reconstruction of the PTM by waiving all fees assodiAted with,the*con*truction. They also expressed the need for the Town to develop *lan to b& u,sedjn the fliture for businesses that are destroyed by a disaster. 9 1 --I Trustee Blackhurst suggested the Board could consider a rebate program with a set dollar amount -per busiriess' ($550 - $700) for items such as sign permits, building permits, business dicenle 4tc. and would be available for a limited timeframe (18 $ e / months). This' would provide each business the same opportunity. It was also suggested the funds dome from the Catastrophic Loss Fund or the Community Reinvestment Fund. Ms. Kortokrax appreciated the simplicity of the proposal. Town Administrator Halburnt stated the Utility Department has agreed to waive utility deposits if the business was in good standing previously. Ms. Kortokrax briefly reviewed the sales tax recovery proposal that would assist established businesses in reopening after a disaster. The Board would discuss the sales tax proposal at a study session prior to the Town Board meeting on March 23, 2010. There being no further business, Mayor Pinkham adjourned the meeting at 6:47 p.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 4, 2010 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 March 2010. Committee: Chair Levine, Trustees Eisenlauer and Miller Attending: All Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Directors Kilsdonk and Joseph; Managers Mitchell and Winslow, and Deputy Town Clerk Deats Absent None Chair Levine called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None COMMUNITY SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. â€¢ Fairgrounds and EVents Quarterly Report â€¢ Senior Center Quarterly Report Mgr. Winslow stated staff is making preparations for the summer season at the fairgrounds with 25 events being booked, two of which are new to Estes Park. Coordinator Claypool reported that January program attendance reached an all time high and that special themed lunches are being planned monthly in an attempt to increase meal numbers. The Committee commented on the high quality of the programs being offered by the Senior Center. COMMUNITY DEVELOPMENT DEPARTMENT. SIGN CODE REVISIONS. In the spring of 2009, at the request of the Community Development Committee, a community-based Sign Code Task Force was created for the purpose of assessing sign code issues within the Town. The Task Force, which included members of the business community, a representative from the Town Board, and Town staff, developed a comprehensive list of proposed revisions to the sign code including sign code enforcement methods. As a result of the Task Force's efforts, revisions to the sign code related to temporary banners were approved by the Town Board with the adoption of Ordinance #14-09 at their December 8,2009 meeting. Dir. Joseph noted that the #1 recommendation of the Task Force - to create a flexible section of code that would reward creative design - has yet to be addressed by staff. Trustee Miller, Task Force member, added other items that are not 100% complete are: â€¢ A review of the wording in the sign code to make it more user-friendly; â€¢ Diagrams and graphics to illustrate the intent of the code provisions; â€¢ Removal of outdoor display of merchandise from the sign code and the creation of a land use code revision for this purpose; and â€¢ The creation of an inventory of non-conforming signs which could trigger code compliance when a business license is issued. RECORD OF PROCEEDINGS Community Development - March 4, 2010 - Page 2 Dir. Joseph stated that most of the changes to the code represent a relaxation of current standards providing more flexibility and greater freedom for business owners. He presented a detailed account of the draft changes to the sign code and related them to the Task Force's recommended revisions. The Committee asked for clarification related to the definition of a local tax-exempt nonprofit organization and limiting the number of temporary special event posters; clarification of the appeal process as it relates to Municipal Court, the Estes Valley Planning Commission, and the Board of Adjustment; requested improvements to the Schedule of Requirements Table to make it more user friendly; and consideration of different requirements for signage in the CD and CO zoning districts. Chair Levine thanked Dir. Joseph and described the proposed changes as a major step forward in broadening and loosening restrictions in the sign code, and stated that more discussion is required. He requested that staff continue work on the code revisions with input from the Sign Code Task Force. PUBLIC COMMENT. The following residents and business owners commented on the proposed sign code revisions: Renee Hodgden, Karen Steadman, Bill Prohs, Art Blume, Paul Fishman, Tom Pugh, Kevin Schwery, and Mark Elrod. Their comments ate: summarized: dissatisfaction with the current sign code, proposed revisions, sign code enforcement, and borrowing code language from other municipalities; the need to develop an image for the Town of Estes Park; the display of signs encourages business; provide for temporary signage for events sponsored by i nonprofit organizations; a flexible component to the sign code needs to be addressed in a'timely fashion; level the playing field to provide uniform and consistent enforcement of thesign code; and, as part of the municipal code, sign code exemptions and variances should be heard by a local entity. Chair Levine called for a five minute recess at 10:03 a.m. and the meeting resumed at 10:08 a.m. CONTRACTOR LICENSING. Subsequent to requirements recently implemented in Larimer County, staff recommends revisions to. the Municipal Code to incorporate qualification-based licensing of building co'ntractors. Larimer County's contractor licensing program, which is common to many Colorado jurisdictions, was used as a template for the transition. The types of contractor licenses and licensing requirements shall be consistent with those of Larimer County, and testing-based or experience-based qualifications from Larimer County, or any other Colorado jurisdiction that adheres to the same locally adopted standards, will be accepted by the Town to avoid duplication of the testing process. The annual business license fee for contractors will not increase, remaining at $200 per year. Staff recommends requiring the qualifications-based licensing of contractors and all non-exempt applicants for building permits within the Town limits, with the following exemptions: 1. Contractors requiring State licensing (architects, engineers, electrical, plumbing, sprinkler, elevators/conveyances and manufactured home installers, etc.) and/or approved pre-engineered/ proprietary certification (Ansul systems, EFIS, etc.), and projects where the scope of work is limited to such contractors, shall not require additional testing, but shall require Town licenses. 2. Owners of structures regulated by the International Residential Code shall be permitted to work on their own home and accessory structures without required licensing, provided they occupy the dwelling. Exemption from required testing and/or licensing does not include exemption from any other requirements including but not limited to obtaining required permits. RECORD OF PROCEEDINGS Community Development - March 4, 2010 - Page 3 The Committee expressed concerns related to requiring proof of current insurance coverage, and the financial hardship to contractors related to testing requirements. The Committee asked staff to remove the insurance requirement provision; clarify the language related to the licensing fee in Section 14.48.080 B. and remove the last sentence in 14.48-080 C. related to the failure of the Chief Building Official (CBO) to issue the license in a specific period of time. The Committee recommends Contractor Licensing be included on a future Town Board agenda as an action item and requested that the Contractors Association be kept informed about when the item will move forward. REPORTS. Reports provided for informational purposes and made a part of the proceedings. â€¢ Community Development Financial Report â€¢ Monthly Building Permit Summary There being no further business, Chair Levine adjourned the meeting at 11:05 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, March 11, 2010 Minutes of a Regular meeting of the UTILITIES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in said Town of Estes Park on the 11 th day of March, 2010. Committee: Chairman Homeier, Trustees Blackhurst and Ericson Attending: All Also Attending: Town Administrator Halburnt, Deputy Town Administrator Richardson, Director Goehring, Superintendents Boles & Steichen, Utilities Engineer Bergsten, IT Manager Pallissard and Town Clerk Williamson Absent: None /-/9 4 X Chairman Homeier called the meeting to order at 8.00'a.m. 7 \ PUBLIC COMMENT. x /3 None. \ 9 / LIGHT & POWER. 3-1 1 2010 & 2011 High Voltage Power Line ikee Trimming. N \ The Light & Power Department bud@et includes $125,000 for)the purpose of trimming trees that lie in or near, the overhead pbwerlines. This is a continual process that benefits the system through iribreased+reliability'and-safety. The following bids were received for 1,200 h6urs of s@rvic& for a Evo-p~rson crew for 2010: I 'j 4 9 1) Asplundh Tree Expertf ; - '1 7, $113,664 Â£090% )4 :-/ 2) Wrights.Tree Service /-4. 3 (NO BID) 3) Foothills Tred Ex#er<->0~ (NO BID) (4) D;vey Tree SurOe,ry Company- (NO BID) 5) Cjbilj-ogging Inc. j $186,000 i.9 \ The Committee discusded~the need for staff to review the list of prequalification for contractors to ensure they are not excessive. After further discussion, the Committee recommends approval of the contract with Asplundh Tree Expert at a cost of $113,664 for 2010 from account #502-6301-540-25-32 on the March 23, 2010 Town Board consent agenda. The 2011 bids would be brought back to the Utilities Committee for approval next year. Reports 1. Energy Efficiency Update - Utilities Eng. Bergsten provided an energy efficiency update for 2010 including more than 400 energy-saving compact fluorescent light bulbs and 50 water saving conservation kits delivered to EPHA for installation; rebates on insulation, air scaling and/or photovoltaic installations as of March 31St with the Governor's Energy Office partnership with each entity contributing $50,000; Town has received more than $22,000 worth of renewable energy as of March 1 st; and PRPA and L&P are sponsoring free energy assessments and the installation of water conservation and energy efficiency tools to 48 local homes. L&P also continues to offer the Electric Thermal Storage heater lease purchase program that began in 1994. RECORD OF PROCEEDINGS Utilities Committee - March 11, 2010 - Page 2 WATER Reports 1. Marys Lake WTP Expansion Upgrade - Supt. Boles stated the Acceptance Test started on February 9th and ended March 8th. The production rate during the acceptance test simulates the designed production rate of the membranes based on the current water temperature. Colder water has a lower flux rate that produces less water. The membranes were designed to produce 4 million gallons per day in a water temperature range of 15-20Â°C. Discharge volumes have been slightly higher than anticipated and may need to be revisited once the plant has been operated under normal conditions. An open house has been scheduled on April 8th from 10:00 a.m. to 2:00 p.m. 2. Annual System Flushing - Supt. Boles stated the annja~system flushing would begin April 13th - April 23rd. This process will aid verify the condition of the hydrants and clean out the mains to improve watefquality.and clarity. 3. Annual Household Hazardous Material 116Und Up. -Ni-heiTown and County have been hosting this function in coopdkatioh for the pAst 14:years with the Town providing personnel and the County disposing of the mAterial.MIn 2009, the County stated they would not be able totfund the program in the future. The Water Department budgeted $16,501'to pay, for* the' disposal oflhe' materials. The County would make all arrangemehts dr the Round-Up and invoice the Town for the actual cost for-disposal of the waste. The event will be held on Saturday, June 19* from 9:00 am. toÂ·2:00 p.nil \ 144 ...L ...=4: \ i, INFORMATION TECHNOLOGY 1 1 41 Reports 1 4//NO \ '16 1. Audio Visdal Equipment Upgrad6~- Mgr. Pallissard provided a review of the upgrades to'the 1udiovisual,equipment iAthe Board Room including the upgrade from an-alog to.digital with. amedia .sdrVer. The video can now be stored on DVDs and on an"offsitd servefacceshible by the public the day after a meeting .on the'Town'A,vebsite. 11 (( Trustee Blackhurst acknoW~dged~rustee Homeier's service to the Utilities Committee during his tirm. 1,2.0 4.) 3 There being no further'busiliess, Trustee Homeier adjourned the meeting at 8:55 a.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission February 16, 2010, 6:00 p.m. Board Room, Estes Park Town Hall Commission: Chair Ron Norris, Commissioners Doug Klink, Alan Fraundorf, John Tucker, Betty Hull, Steve Lane, and Rex Poggenpohl Attending: Chair Norris, Commissioners Klink, Fraundorf, Tucker, Hull, Lane, and Poggenpohl Also Attending: Director Joseph, Town Attorney White, Planner Shirk, Planner Chilcott, Town Board Liaison Homeier, and Recording Secretary Thompson Absent: None The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Norris called the meeting to order at 6:00 p.m. There were eight people in attendance. 1. PUBLIC COMMENT David Caddell/County Resident, expressed concern for local developments labeled as condominiums that have difficulty selling due to restrictive financing issues with the condominium classification. He proposed allowing the townhome classification in other zone districts currently allowing multi-family housing. They are currently only allowed in the RM-Multi-Family Residential zone district. The key factor in this change would be a legal description containing a lot and block rather than a unit; a fee simple ownership rather than a condo ownership. This would release the property from the some of the lending restrictions currently in place, and would allow the sale of property before an entire project was completed. Mr. Caddell stated the word "condo" is losing emphasis in the real estate market, and thought a change in the legal description could help complete some of the unfinished projects in town. 2. CONSENT AGENDA Approval of minutes from January 19, 2010 Planning Commission meeting. It was moved and seconded (Hull/Tucker) that the consent agenda be approved as presented, and the motion passed unanimously. 3. SPECIAL REVIEW 2010-01, Circle of Friends Montessori School, Lot 1, Masonic Lodge Subdivision, 1820 S. St. Vrain Avenue; Applicant: Circle of Friends Montessori School; Owner: Masonic Lodge Foundation - Request to continue use of the existing Masonic Lodge building for a daycare and preschool program until no later than 2014. Planner Chilcott reviewed the Staff Report. In 2008, the Circle of Friends Montessori School requested and received Special Review approval to operate a child-care center at the Masonic Lodge building (Special Review 08-03), located at the corner of Acacia Drive and Highway 7. Prior to that, a temporary-use permit was issued so the school could operate at the Masonic Lodge during the Special Review application and approval process. During the Special Review process, approximately $5000 in application and building permit fees were waived. Staff and the Planning Commission also supported waivers to several development standards on a temporary basis since the Montessori School was searching for a more permanent location. The Town Board of Trustees approved this Special Review 08-03 for a period of one year, expiring March 24, 2010. The approval was conditional to the Montessori School vacating the property prior to the expiration date or returning to the Planning Commission and Town Board with another RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 February 16, 2010 Special Review application, at which time the waiver to the development standards such as landscaping, revegetation, closure of the Highway 7 access, and paving of the parking lot would be reconsidered. To date, the Montessori School has not found a new location and, thus, has submitted a new Special Review application requesting to remain at the current location through December, 2014. With the submittal of Special Review 2010-01, staff has re-reviewed the use for compliance with the Estes Valley Development Code (EVDC) and does not support the continued waiver of the EVDC requirements. These requirements would include improvement of the access on to Acacia Drive, closure of the access on to Highway 7, and paving, striping, and landscaping of the parking lot. This request was submitted to reviewing agency staff for consideration and comment. Adjacent property owners were also notified, and no written public comment was received. Staff recommended the Acacia Drive access be relocated further away from the intersection with Highway 7. The existing access developed over time and was never reviewed nor approved by the Town. Staff also recommended this driveway be paved, along with the parking lot. A portion of the parking lot is already paved, and a handicapped space is provided. Some screening of the play area was recommended, in accordance with the standards in the landscape section of the EVDC. Staff is not recommending the full requirement, but a limited landscaping plan to mitigate any adverse impacts of the use on the adjacent property owners. Planner Chilcott stated with SR 08-03, the Colorado Division of Transportation (CDOT) delayed their requirement to close this property's direct access to Highway 7 given the temporary nature of the request. CDOT commented on the current review, and would allow the driveway connection to Highway 7 be used by the Montessori School through March 24, 2011. After that date, the property owner would be required to permanently close the access, remove the driveway, and revegetate the area. As an option, the property owner could install a gate across the driveway, which would be locked during the Montessori School's hours of operation. If the property owner chose to install the gate, at a minimum CDOT would require the gate to be placed on private property and be visible to drivers prior to turning into the driveway. CDOT would also require an access permit. Staff's understanding was that CDOT was going to make this recommendation to close the access sooner rather than later. Planning Commission's decision would be a recommendation to Town Board, who is the decision-making body. If approved, the property owner would need to work with the tenant on fulfilling and funding the requirements. Planner Chilcott read the conditions recommended by Staff. Public Comment: Kay Lawson, Director of Circle of Friends Montessori School, reviewed the current status of the day-care. She focused on the financial difficulties based on the current economy and an increase in the need for services that are paid for with county funds, which are due to be frozen in the near future. Approximately half of the current enrollees are subsidized with these county funds. The state licensing procedure for day-cares was revised, and they are awaiting word to determine if improvements inside the building will be required. Ms. Lawson stated the Montessori School is in no position at this time, financially, to make plans to meet the recommended development standards if they will not be allowed to stay for the duration requested. She asked the Planning Commission for a continuance of the existing Special Review approval until they receive a definitive answer from the licensing board, which could be within about six months. At that time, they would like to re-review the situation. Michael Wold/County Resident and Masonic Lodge Master, stated the Masonic Lodge building has an historic background, originally being in Rocky Mountain National Park at Deer Ridge Junction. The current driveway on Highway 7 has existed since the building was moved from the Park in the mid-1960s. They decided to lease the facility to Circle of Friends Montessori School not because it was a good use of the facility, but because it RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 February 16, 2010 was the right thing to do for the children. Masonic Lodge forgave some of the incurred expenses by the Montessori School during the hard times. Their decision to let the Montessori School continue to use the facility will be based on what will be required to the outside of the building. Paving, driveway improvements, landscaping, etc. will have to be decided on by the Masonic Lodge Foundation. It was their understanding that no development standard requirements would need to be met if the Montessori School moves out of the building. Mr. Wold stated because of the historic value of the building, the Foundation was very interested in the Planning Commission's recommendation to the Town Board. Commissioner Poggenpohl stated he was aware of the need for quality day-care in Estes Park. Commissioner Tucker stated he would not support a four-year approval, but would support more than one year. Commissioner Hull was concerned about what conditions would have to be met in order to extend the approval for one year. Planner Chilcott stated all the recommended conditions would have to be met in order to comply with the EVDC. Planning Commission could decide to waive all of the development code requirements for another year. Planner Chilcott stated the access issues with CDOT are independent from the Town's decisions, and CDOT may still require closure of the access regardless of what the Town decides. Discussion occurred concerning the CDOT requirements and the effect they would have on any tenant in the building, based on traffic. It was Planner Chilcott's understanding that CDOT would be requiring an access permit immediately, and would include the following conditions the Masonic Lodge could consider: They could either continue to use the Highway 7 access for all the uses and then close it at the end of one year; or, they could install a gate that would be closed during the Montessori School's hours of operation, and open for all other current building uses. If the Montessori School left the premises and no other tenants replaced them, CDOT would not require any changes to the access. However, Director Joseph clarified that if the other existing uses on the site would change to increase traffic, it would most likely trigger CDOT to require the closure of the Highway 7 access. The trigger point is the actual physical traffic count. Ms. Lawson stated approximately eight different locations had been considered for alternate sites, but no suitable location within their budget was found. The Masonic Lodge was the only public building that agreed to accept them. The other buildings are no longer an option, and they continue to search for another location. Chair Norris closed the public hearing. Commissioner Poggenpohl stated that although he was in favor of extending this use for another year, he wanted to clarify that the Planning Commission could not base recommendations on financial concerns, but rather the needs of the community and other planning issues. Commissioner Lane was willing to extend this permit for one year with only the CDOT requirement being imposed, with the understanding this year would be a transitional one and decisions would need to be made for a permanent plan, either with the Masonic Lodge or elsewhere in the community. It was moved and seconded (Klink/Tucker) to recommend approval to the Town Board of Special Review 2010-01, to allow the continued use of the Masonic Lodge building for a daycare and preschool for a period of 18-months beginning March 23, 2010, and expiring on September 23, 2011, with the following condition, and the motion passed unanimously. Revised Condition: 1. As required by the Colorado Division of Transportation: a. The property shall continue to freely use the driveway connection to Colorado Highway 7 through March 24, 2011. On March 25, 2011, the property owner shall permanently close the access, i.e., the driveway shall be removed and the area revegetated; or RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 February 16, 2010 b. The property owner shall install a gate across the driveway, with review and approval of the date design and location by CDOT. The gate shall be locked at all times during the Montessori School's hours of operation. If CDOT finds non- compliance with this condition CDOT can, at their sole discretion, require immediate closure of the Highway 7 access, i.e., removal of the driveway connection and revegetation. 4. REPORTS a. Planner Chilcott reported the Estes Valley Recreation and Park District submitted a Location and Extent Review to construct an addition to and remodel an existing storage building at the 18-hole golf course. This was a staff-level review. b. Planner Chilcott reported there have been two pre-application meetings to discuss minor amended plats in the downtown area to readjust lot lines. No new development is involved. This could come before the Planning Commission in March or April. c. Planner Chilcott reported there was a building permit pre-construction meeting scheduled with Safeway to discuss the remodel of the existing store. She stated there has not been an update on the Safeway Fueling Facility. d. Director Joseph reported that Town Board approved the EVDC amendments for Short- Term Rentals, Vacation Homes, and B&Bs and Accessory Kitchens. These items will be moving forward to the County Commissioners within the next month or so. The County Commissioners will be hearing a referral from the Town Board on the revision of the Wildlife Habitat Protection code amendments. This revision includes retaining raptors in the EVDC as a trigger for site-specific mitigation studies, and retaining existing language concerning staff's ability to approve the consultant preparing the wildlife conservation plan. There was also one other minor revision in terminology which would create better internal consistency. The hearing will be Monday, March 8, 2010, in the Town Board room. Director Joseph stated the County Commissioners were very specific in their direction to staff to make those revisions and take them back to the Town Board for approval. Commissioner Lane requested the Planning Commission be notified of any future changes in code language at the Town Board or County Commission level prior to the next hearing dates. e. Chair Norris reported a problem statement for Plahned Unit Developments (PUD) has been forwarded to the Community Development Committee, which will then go to Town Board. If the statement is approved by Town Board, the Planning Commission will begin the review. f. Chair Norris reported the Comprehensive Plan Review Committee has been formed. The initial meeting will be held on Friday, February 19, 2010. Members include Chair Norris, Commissioner Lane, Trustee Ericson, Trustee Homeier, Town Administrator Halburnt, Director Joseph, County Planner Legg, and County Commissioner Donnelly. The committee would provide a brief overview to the Town Board of areas in the Comprehensive Plan that may need a more detailed review. Commissioner Poggenpohl commented this could eventually be a valley-wide issue, and the process could take several months to complete. g. Chair Norris reported the Planning Commission and Town Board had a joint study session with the Estes Park Housing Authority. The EVDC code for PUDs could be a possible way to address certain housing needs. h. On February 4, 2010, Chair Norris was invited to speak to the Estes Park Board of Realtors about the Planning Commission's role in the community. They were interested in the status of vacation homes and B&Bs, as well as possible code changes to PUDs. They asked about the process to provide public comment. RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 February 16, 2010 i. Commissioner Klink asked Director Joseph about Mr. Caddell's comment at the beginning of the meeting. Director Joseph stated the statements merit serious consideration. Director Joseph explained the difference between condominium and townhome ownership. Chair Norris directed staff to draft a document stating the pros and cons of this issue and report back to the Planning Commission. There being no further business, Chair Norris adjourned the meeting at 7:22 p.m. Ron Norris, Chair Karen Thompson, Recording Secretary RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment February 2, 2010, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Bob McCreery, Members John Lynch, Chuck Levine, Wayne Newsom, and Al Sager; Alternate Member Bruce Grant Attending: Chair McCreery, Members Sager and Levine Also Attending: Planner Alison Chilcott and Recording Secretary Thompson Absent: Members Newsom and Lynch, Director Joseph, Planner Shirk Chair Levine called the meeting to order at 9:00 a.m. 1. PUBLIC COMMENT None 2. CONSENT AGENDA Approval of minutes dated December 1, 2009 i 9 + It was moved and seconded (Levine/Sager) t8 APPROVE the minutesÂ·as presented, and the motion passed unanimously with'two absent. 4, 3. LOT 6, BLOCK 2, PARK ENTRANCE ESTATES;'530 Heinz Parkway, Owner: Scott and Michelle Spreen, Applicant: Andy Human - Request for variance from Estes Valley Development Code Â§4.1.Table 4-2, which requires a 25-foot minimum building setback from the rear propertfline in the E-1 Estate zone district. Request is to allow encroachment into the minimumsetback for construction of a proposed Â·Â« :94.. detached garage. .... C j Planner Chilcott revieWed the staff report. The property is located at 530 Heinz Parkway within the Town limits. The applicant is Andy Human, and the property owners are Scott and Michelle Spreen. Â·The owners are requesting a variance to the 25-foot setback in the E-1 Estate zone district to construct a two-catgarage approximately five (5) feet from the rear property line. The property has one existing one-car garage. ",9Ld'j:/Al. ..94: Planner Chilcott~toted that staff reviewed the variance request for compliance with Estes Valley Development Code (EVDC) Â§3.6.C, which includes evaluating whether or not special circumstances *drid practical difficulty exist in complying with the code standards from which a variance is requested. Staff finds that special circumstances exist and practical difficulty may result from strict compliance with Code standards. The special circumstancRinvolves the topography of the site, which is very steep with a 25-45% slope and many rocks and trees. Staff determined the proposed location of the garage is the best location on the lot for an additional garage, as this is already a paved area with an existing slope cut.>. Planner Chilcott stated the essential character of the neighborhood would not be substantially altered with this project. The proposed garage would not be visible from any off-site locations. This request was submitted to reviewing agency staff and adjacent property owners for consideration and comment. Staff received no negative comments from reviewing agencies, and one adjacent property owner inquiry. Staff recommends approval of the variance request to allow the construction of a garage approximately five (5) feet from the property line, in lieu of the 25-foot minimum setback requirement from rear property lines in the E-1 Estate zone district, with two recommended conditions. The first condition would be compliance with the site plan and building design, as approved by the Board of Adjustment; the second would require a setback certificate. 7.-h C / RECORD OF PROCEEDINGS Estes Valley Board of Adjustment 2 February 2, 2010 Public Comment: 1 j Applicant Andy Human stated the total height would be approximately 13.5 feet, which is under the 30-foot height limit. The layout of the site plan would not require any more cutting or filling of the slope. Member Levine stated that from photos, it would appear the adjacent property would be impacted by this project. After visiting the site, the slope is so steep that the proposed site cannot be seen from the adjacent property. It was moved and seconded (Levine/Sager) to APPROVE the request for a variance from EVDC Â§4.3, Table 4-2 to allow a rear yard setback of 5 feet in lieu of the 25-foot setback requirement in the E-1 Estate zone district, with the findings and conditions recommended by staff and the motion passed unanimously with two absent. CONDITIONS: 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. jeff}*,~ 2. Setback Certificate. Prior to final inspection, a registered land<surveyor shall provide to the Community Development Department a signed alid stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to proberty titles.. Staff recommends a ---- surveyor set survey stakes for foundation forms to ensurÂ«compliance with the approved variance. e 9,2 4. REPORTS 9 & .6 Staff has received three requests for minor modifications. ~These will be st~f-level reviews 1:. . in,>olving less than 10% encroachment into the setbacks. 19% There being no further business, Chairl-evine adjourn@d the meeting at 9:20 a.m. 1,0-1. Â·'Ki A ~Â»7 3 Â¥49â‚¬.9 9. Bob MECreery, Vice Chair i Karen Thompson, Recording Secretary ~ ~- ~Â° rr I y-.f#Â·0 i....:47 4 - .#37?=,4 4.0 i RESOLUTION # 06-10 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New TAVERN Liquor License, filed by, CFJM ENTERPRISES INC. dba TimeOut Sports Grill and Taphouse, 358 East Elkhorn Avenue, Estes Park, Colorado, is March 9, 2010. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Town Hall, 170 MacGregor Avenue, on Tuesday, April 13, 2010 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.73 miles, as measured from the center of the applicant's property. DATED this day of , 2010 TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 1@14 TOWN op ESTES PARK._ ~ .l 1,4. Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: March 17, 2010 RE: Renewal Application Filed By Montego Bay Enterprises Inc. dba Wapiti Restaurant and Pub, 247 W. Elkhorn Avenue. Background: On November 14, 2009, an alcohol sales compliance check was conducted by the Liquor Enforcement Division at your business. Unfortunately an employee of the restaurant illegally served alcohol to an underage person and/or did not ask for identification and served the underage person alcohol. This is a violation of the State Liquor Code and has been handled by the State Liquor Enforcement Division. Attached is the Stipulation Agreement between the business and the State Liquor Enforcement Division outlining a seven (7) day suspension of the liquor license with two (2) days served and five (5) days held in abeyance. In lieu of an active suspension, the licensee has elected to pay a fine, and therefore, the two (2) suspension will be deemed automatically stayed. If further violations occur within a year of the stipulation, the licensee will serve all or any days of the suspension held in abeyance. The licensee completed T.I.P.S. training on April 18, 2003 prior to being the owner of the restaurant. Budget: NA Staff Recommendation: N/A Sample Motion: I move to approve/deny the renewal application for Montego Bay Enterprises Inc. dba Wapiti Restaurant and Pub. Page 1 ~1â‚¬Town-Clerk'srOffice *1?49 .i~ < i ~s t:.)2144/4///I'll/*RIE'didel STATE OF COLORADO DEPARTMENT OF REVENUE n nm Liquor Enforcement Division "/ 1"8 Business Location ~~ MAR 2 2010 - , 1881 Pierce Street, Suite 108A -j .. 9% Lakewood, Colorado 80214 Phone (303) 205-2300 By FAX (303) 205-2341 Bill Ritter, Jr. Governor E-mail: LED@spike.dor.state.co.us Roxanne Huber Executive Director Website: www.colorado.gov/revenue/liquor CoPY Division Director Laura K. Harris Certificate of Mailing *. '*r he "' I . .. 2 'Â·- I hereby certify that a true and correct copy of the foregoing STIPULATION, AGREEMENT, AND ORDER duly placed in the United States mail postage prepaid, this 26â„¢ day of February, 2010 addressed as follows: MONTEGO BAY ENTERPRISES, INC. D/B/A WAPITI RESTAURANT & PUB 247 W. ELKHORN AVE ESTES PARK, CO 80517 MONTEGO BAY ENTERPRISES PO BOX 3547 ESTES PARK CO 80517 CITY CLERK OFFICE OF ESTES PARK BOX 1200 ESTES PARK CO 80517 LIQUOR ENFORCEMENT DIVISION INVESTIGATOR CLYDE ANDERSON 800 8â„¢ AVE STE 325 GREELEY CO 80631 / Mrs. Nit Mambg Assistant to Director Colorado Liquor Enforcement Division 1881 fierce,5trect,Suite 'OBA Lakewood, Colorado aoz 14 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO STIPULATION, AGREEMENT, AND ORDER IN THE MATTER OF: MONTEGO BAY ENTERPRISES, INC. D/13/A WAPITI RESTAURANT AND PUB 247 WEST ELKHORN AVENUE ESTES PARK, COLORADO 80517 LICENSE NO. 42-04487-0000 THIS AGREEMENT BETWEEN the State of Colorado, Liquor Enforcement Division ("Division") and Montego Bay Enterprises, Inc., d/b/a Wapiti Restaurant and Pub, 247 West Elkhorn Avenue, Estes Park, Colorado 80517 ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause, Notice of Hearing, and Forfeiture Action attached hereto as Exhibit 1 (hereinafter "Notice"). The above-named parties submit and agree as follows: 1. The facts and allegations contained in the Notice are true and accurate. 2. The Licensee agrees to a seven (7) day suspension of its tavern liquor license as a penalty for its violation of the Colorado Liquor 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: A. License to be actively suspended for two (2) days from 12:Ola.m. on March 6,2010 until 11:59 p.m. on March 7,2010. B. During any period o f active license suspension, Licensee will post its premises in compliance with Regulation 47-600(F), 1 C.C.R. 203-2. C. Five (5) days of suspension to be held in abeyance for a period of one (1) year, from the date of approval of this agreement by the state licensing authority, pending no further violations of the Colorado Liquor Code during this period. 3. The Licensee petitions and the Division agrees that the Licensee shall be allowed to pay a fine in lieu ofactive suspension in accordance with 12-47-601(3), C.R. S. In this regard, the parties agree as follows: Stipulation, Agreement, and Order Wapiti Restaurant and Pub Greeley Office Page 2 A. That the public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; and B. That the books and records of the Licensee are kept in such a manner that loss of sales of alcohol beverages which the Licensee would have suffered had the suspension gone into effect, can be determined with reasonable accuracy therefore; and C. That the Licensee has not had its license suspended or revoked, nor had any suspensions stayed by the payment of a fine, during the two (2) years immediately preceding the date of the complaint which has resulted in this stipulation and agreement. 4. The parties agree that the fine shall be the equivalent of twenty percent (20%) of the Licensee's estimated gross revenues from the sales of alcohol beverages during a period of two days, except that the fine shall not be less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). The parties agree that the average day's sales for the month of November 2009 shall be the appropriate measure of said estimated gross revenues. Based upon these records, the amount of the fine has been determined to be $200.00. 5. Payment of the fine pursuant to the provisions ofthis agreement shall be in the form of a certified check or a cashier's check made payable to the Colorado Department of Revenue. Said fine shall be paid to the Department of Revenue on or before February 26,2010. 6. Upon the payment of the fine as agreed upon in paragraph 5, Licensee's two-day suspension as set forth in paragraph 2 ofthis stipulation and agreement shall be deemed automatically stayed. 7. If the Licensee fails to make payment in a timely manner as detailed in paragraph 5 of this stipulation and agreement, the full two-day suspension shall be served as detailed in Paragraph 2. 8. The alcohol beverages that were sold or used in the violation described in the Notice are hereby forfeited. Stipulation, Agreement, and Order Wapiti Restaurant and Pub Greeley Office Page 3 If at any subsequent hearing or stipulation in lieu of hearing, the state licensing authority should find that the Licensee, during the aforesaid one-year period, violated any provision of the Colorado Beer or Liquor Codes, including all regulations thereunder, then the state licensing authority shall, in addition to any other penalty imposed, order Licensee to serve all or any days of suspension presently held in abeyance, pursuant to this agreement. This Stipulation, Agreement, and Order shall not be effective unless and until approved by the state licensing authority. 041 k.- j Flpes i 6 pA.t Laurel K. Harris T05# Nelson Director WÂ®iti Restaurant and Pub Liquor Enforcement Division I I I Zila 2 -- 10' JOI O I)ate I)ate D f APPROVED and ORDERED this Â£~2~ day of jÂ£14.-Â£24 -~'~- 2010. f ) vT,-/\ C 7~~~-'0-~-~L, Roxy,ftuberU Executive Director Department of Revenue State Licensing Authority A pre-hearing meeting with the Liquor Enforcement Division to discuss matters relating to this notice, including the setting of a mutually convenient hearing date, may be arranged upon your request. You should contact Supervising Investigator, David Ziemer at 970-356-3992 within ten (10) days of the date of this notice to arrange such a conference. If you fail to contact the Division within ten (10) days, a hearing date will be set without further notice to you, and you will then be notified by letter of that hearing date. 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. If you 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 tile terms of the Colorado Liquor or Beer code may be suspended or revoked. Please be further advised that if the State Licensing Authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor or Beer Code, the State Licensing Authority may consider, in selecting the sanction to be imposed against you, any mitigating or aggravating factors, any prior violations of the Colorado Liquor or Beer Code, as well as any sanctions previously imposed. IT IS FURTHER ORDERED that a copy of this Order to Show Cause, Notice of Hearing, and Forfeiture Action 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 7th day of December, 2009. I J Roxy/Hutfer # Exe6utive Director Department of Revenue State Licensing Authority [UaL TOWN or ESTES PARI<4 Memo 1 . 4Â»0 . 1 1 7.*41,11 3 1:,t TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Lowell Richardson, Deputy Town Administrator Date: March 18, 2010 RE: Grandstand Project Update Background: The project budget is 53% expended through February 171 The project itself is into week 22 of a 34 four week project or 65% through the schedule of the project. The Critical Path Method (CPM) schedule shows a project completion date of June 14th, 2010. This schedule continues to change through the course of the project, having changed four times in the last month and a half due to; utility work, foundation work, weather, concrete pours, delivery date of the steel structure and anticipated erection of the steel structure... considering the number of changes and the possibility of future changes it is difficult, at best, to provide a static schedule for review or reference. This schedule truly serves as an operational tool and not a reporting tool for general use. There are two significant issues regarding the project; 1) Budget Overruns and 2) Steel Structure. These items are of concern and require additional explanation which is presented in greater detail below. Budget Updates Current staff took over this project on October 18, 2009 and Town staff (Scott Zurn) started approximately two weeks later. At that time approved project expenditures totaled: 1) $143,112 for the architect 2) $2,505 for engineering fees 3) $575 for a traffic analysis 4) $395 for printing costs Totaling $146,587 Page 1 The project to date has experienced a total of $204,854 in project overruns from the approved budget and approved base bids submitted. Paid contractor change orders to date total $99,854 and paid architecture overruns total $105,000. These overruns are defined as non-budgeted expenses for the project. It is anticipated additional overruns will continue for the remainder of the project. Staff has reviewed factors contributing to these cost increases and where we can anticipate further increases. The table below demonstrates (generically) participant(s) role with significant budget impacts for this project and from this we can view where the impacts cross over into responsibility of others and then track cost impact. The table identifies the decision making bodies for the project and the significant impact categories identify their decisions impact to the project. The purpose of this matrix is to provide an understanding of what significant categories have increased the budget to the project. Concessions Foundation Design Utilities Year Ad-Hoc Hazardous Issues Issues Round Committee Materials Contractor X X X Architect X X X X Demolition X Owner X X X X X Project cost increases typically are attributable to one or all involved with management of a project, for this project those groups are the; contractor, architect, demolition contractor and owner. We will examine the non-budgeted expenses generated by each through the change orders submitted. Change Orders The contractor has submitted as of March 10, 2010 74 change orders (CO's). These CO's all of which have not been approved or paid total approximately $133,000. They are categorized into the following: 1) Foundation Work $14,165 (design and owner) 2) Utility Work $43,256 (owner) 3) Elevation Changes $4,829 (design) 4) Design Changes $44,727 (architect and contractor) 5) Concessions $2971 (owner) 6) Year Round Changes $20,451 (owner) 7) Insurance $1,735 (owner) Total $132,134 Significant to the submitted change orders is the total approved versus the total submitted. The total of change orders submitted to date is $230,802 vs. the total approved $123,521, a difference of $107,281, this is the amount staff has negotiated during the submittal process. The remaining unapproved change order total is $8613 and the credits received from the contractor total is $8776. Proiect Schedule The steel erector approached staff for the purpose of requesting extra funds for completing their portion of the project early currently they are slated for completion on April 14~h. The funds would cover working weekends and adding extra hours to each work day. The negotiated amount is $7,200 for work to be completed by April 2nd. Part of the negotiation includes a pro-ration for any days past the April 2nd date of $600 a day with no incentive for completing before the agreed date. Concession Stands The concession stand portion of the project went out to bid, March 3rd, for the tenant finish work with a closing date for RFP's of March 18, 2010 2PM. The sealed bids will be opened at the Town Board Room at 2PM on March 18m. Selection of the contractor for the work will be presented for approval to the Town Board on March 23,2010. Other items Staff will request additional funds for this project at a later date from the Town Board. PROJECT OVERVIEW 3/12/2010 BY TYPE Budget Actual Balance Demolition * $35,500 $71,834 ($36,334) Grandstand 1,635,012 846,816 788,196 Contingencies/Change orders 99,854 64,516 35,338 Supplemental Items 350,113 0 0 Architecture Fees 74,800 179,479 (104,679) Tota 1: $2,195,279 $1,162,646 $682,520 * no details AVAILABLE BY FUNDING SOURCE EPURA $1,121,000 $1,162,646 ($41,646) EPURA (concessions) 50,000 0 50,000 Town of Estes Park 1,000,000 0 1,000,000 Total: $2,171,000 $1,162,646 $1,008,354 DEMOLITION 3/12/2010 Description Budget Actual Balance Demo Old Grandstands $35,500 $35,500 $0 Environmental testing $0 $2,290 -$2,290 Demo Ads $0 $366 -$366 Ads $0 $29 -$29 Thorp $0 $24,401 -$24,401 Asbestos $0 $3,050 -$3,050 Asbestos clearance $0 $434 -$434 Lead clearance report $0 $1,555 -$1,555 Lead remediation $0 $4,210 -$4,210 Totals $35,500.00 $71,834.41 ($36,334.41) STANLEY PARK GRANDSTAND 03/1*10 A B C D|E FGHI Item # Description Total Work Completed Presently Total Balance Contract This Stored Completed % to Retainage Amount Previous Period Materials & Stored Completed Finish Balance (not in D or E) D+E+F (G / C) C-G 1 Insurance $27,500.00 $27,500.00 $0.00 $27,500.00 100% SO.00 $2,750.00 2 Overhead 45,000.00 25,000.00 12,500.00 37,500.00 83% 7,500.00 3.750.00 3 Project Management 96,250.00 50,000.00 17,500.00 67,500.00 70% 28,750.00 6,750.00 4 Mobilization & Temp Facilities 55,000.00 45,000.00 5,000.00 50,000.00 91% S,000.00 5,000.00 S TK Equipment & Vehicles 15,000.00 5,500.00 3,000.00 8,500,00 57% 6,500.00 850.00 6 Safety 1,550.00 250.00 500.00 750.00 4856 800.00 75.00 7 Photographs 550.00 300.00 100.00 400.00 73% 150.00 40.00 8 Temporary Protection 7,500.00 2,500.00 2,500.00 5,000.00 67% 2,500.00 500.00 9 As-Builts 387.00 50.00 100.00 150.00 39% 237.00 15.00 10 Cleanup 4,500.00 1,000.00 1,500.00 2,500.00 56% 2,000.00 250.00 11 Surveying 130,000.00 90% 15,000.00 13,000.00 7,500.00 5,500.00 1,500.00 7,000.00 93% 500.00 700.00 12 Demo/Earthwork/Utilities 145,000.00 100,000.00 30,000.00 13 Bldg Foundation Concrete 105,000.00 85,000.00 15,000.00 100,000.00 95% 5,000.00 10,000.00 14 Bldg Interior Flat Concrete/Trench Drain 50,000.00 12,500.00 0.00 5,000.00 17,50000 35% 32,500.00 1,750.00 15 Trench Drain 10,000.00 0.00 0.00 0.00 0% 10,000.00 0.00 16 Stonework 42,750.00 0.00 0.00 0.00 0% 42,750.00 0.00 17 Structural Steel/Misc Metal 55,675.00 12,300.00 0.00 13,200.00 25,500.00 46% 30,175.00 2,550.00 18 Wood, Lumber/Plywood 60,500.00 0.00 0.00 0.00 0% 60,500.00 0.00 19 Pre-engineered Metal Bldg 365,000.00 80,000.00 0.00 185,000.00 265,000.00 73% 100,000.00 26,500.00 20 Site Concrete 55,000.00 0.00 0.00 5,000.00 5,000.00 9% 50,000.00 500.00 21 Plumbing 75,000.00 0.00 0.00 10,000.00 10,000.00 13% 65,000.00 1,000.00 22 HVAC & Mechanical 40,000.00 0.00 0.00 0.00 0% 40,000.00 0.00 23 Walk-In Cooler/Freezer 10,000.00 0.00 0.00 0.00 0% 10,000.00 0.00 24 Electrical 140,000.00 7,500.00 10,000.00 5,000.00 22,500.00 16% 117,500.00 2,250.00 25 Bleachers 135,000.00 0.00 0.00 0.00 0% 135,000.00 0.00 26 Framing & Drywall 1 5,350.00 0.00 0.00 0.00 056 15,350.00 0.00 27 Doors/Hrdware/Hollow Metal 12,250.00 0.00 0.00 0.00 0% 12,250.00 000 28 Insulation 2,500.00 0.00 0.00 0.00 0% 2,500.00 0.00 29 Aluminum Windows & Glazing 5,000.00 0.00 0.00 0.00 0% 5,000.00 0.00 30 EPDM Roofing 3,500.00 0.00 0.00 0.00 056 3,500.00 0.00 31 Plam 3,500.00 0.00 0.00 0.00 0% 3,500.00 0.00 32 Toilet Partitions & Accessories 8,500.00 0.00 0.00 0.00 0% 8,500.00 0.00 33 Tile 2,000.00 0.00 0.00 0.00 0% 2,000.00 0.00 34 Flooring 5,000.00 0.00 0.00 0.00 0% 5,000.00 0.00 3S FRP 5,000.00 0.00 0.00 0.00 0% 5,000.00 0.00 36 Painting/Staining & Coatings 15,000.00 0.00 0.00 000 0% 15,000.00 000 37 Signage 0.00 0.00 0% 3,750.00 1,000.00 0.00 0.00 0.00 0% 1,000.00 0.00 38 Fence & Gates 3,750.00 0.00 0.00 39 Landscaping 2,500.00 0.00 0.00 0.00 0% 2,500.00 0.00 40 Bike Racks 500.00 0.00 0.00 0.00 0% 500.00 0.00 41 C/O #1 PCO #M Bldrs Risk 1,735.00 1,735.00 0.00 1,735.00 100% 0.00 173.50 42 C/O #1 PCO #8 Standpipe 5,619.10 2,500.00 0.00 2,500.00 44% 3,119.10 250.00 43 C/O #1 PCO #9 NW Grading 3,156.80 0.00 0.00 0.00 0% 3,156.80 0.00 44 C/O #1 PCO #12 Precon Addtl 74.49 74.49 0.00 74.49 100% 0.00 7.45 45 C/O #1 PCO #13 Bldg Elevation 641.41 0.00 320.71 320.71 50% 320.70 32.07 46 C/O #1 PCO #14 Flowfill 3,995.15 3,995.15 0.00 3,99515 100% 0.00 399.52 47 C/O #2 PCO #15 Added formwork 1,885.20 942.60 942.60 1,885.20 100% 0.00 188.52 48 C/O #2 PCO #16 Water & Sanitation 6,842.50 6,842.50 0.00 6,842.50 100% 0.00 684.25 49 C/O #2 PCO #17 Minor Utility Changs-Gerr 1,365.00 0.00 1,365.00 1,365.00 100% 0.00 136.50 50 C/O #2 PCO #22 Addtl Survey Costs for Ma 2,295.68 2,295.68 0.00 2,295.68 100% 0.00 229.57 51 C/O #2 PCO #30 Pothole & Excavate Existir 1,367.41 683.71 683.70 1,367.41 100% 0.00 136.74 52 C/O #3 PCO #46 Larger Pier Footings 30,000.00 0.00 30,000.00 30,000.00 100% 0.00 3,000.00 53 C/O #4 PCO #10 Water & Gas line to Unde 5,659.39 0.00 0.00 0.00 0% 5,659.39 0.00 54 C/O #4 PCO #11 NE Entrance 4,695.89 0.00 0.00 0.00 056 4,695.89 0.00 55 C/O #4 PCO #19 Year Round Use Power Ch 12,430.06 0.00 0.00 0.00 0% 12,430.06 0.00 56 (/0 #4 PCO #23 Water Room Larger 1,465.90 0.00 0.00 0.00 0% 1,465.90 0.00 57 C/O ##4 PCO #25 Credit PCO from C/O #2 (2,307.601 0.00 12,307.60) (2,307.60) 100% 0.00 (230.761 58 C/O #M PCO #27 HW Heater Exhaust Flies 734.24 0.00 0.00 0.00 0% 734.24 0.00 59 C/O #M PCO #28 Light Ballast Change - PRP 573.16 0.00 573.16 573.16 100% 0.00 57.32 60 C/O #4 PCO #31 Revised Storm Sewer 3,176.84 0.00 3,17684 3,176.84 100% 0.00 317.68 61 C/O #4 PCO #35 Bldg Elevation Cert 640.78 0.00 640.78 640.78 100% 0.00 64.08 62 (/0 #4 PCO #38 Rock Excavation Water Lir 6,390.52 0.00 6,390.52 6,390.52 100% 0.00 639.05 63 C/O #4 PCO #39 Rock Excavation Storm Lin 2,697.05 0.00 2,697.05 2,697.05 100% 0.00 269.71 64 C/O #4 PCO #47 Install Modified Type C Inl 3,755.59 0.00 0.00 0.00 0% 3,755.59 0.00 65 C/O #4 PCO #48 5torm Protection Flow Fill 964.56 0.00 964.56 96456 100% 0.00 96.46 66 (/0 84 PCO #52 12" Foundation Wall 0.00 0.00 0.00 0.00 #DIV/0! 0.00 0.00 ~Totals | $1,734,866.12 | $478,969.13 | $144,647.32 | $223,200.00 | $846,816.45 | 49% | $888,049.67 | $84,681.65 | CURRENT APPLICATION FOR PAYMENT 1 ORIGINALCONTRACTSUM $ 1,635,012.00 2 Net Change by Change Orders 99,854.12 3 CONTRACT SUM TO DATE (1+/-2) 1,734,866.12 4 TOT COMPUSTORED TO DATE 846,816.45 5 RETAINAGE (10% OF 4) 79,181.67 (excludes GCs & Feel 6 TOTAL EARNED LESS RETAIN (4-5) 767,634.78 7 LESS PREVIOUS PMNTS 431,072.22 8 CURRENTPAYMENTDUE 336,562.56 9 CURRENT SALES TAX DUE 0.00 10 TOTAL AMOUNT DUE | 336,562.56 | 11 BAL TO FINISH (3-61 $ 967,231.34 CONTINGENCIES/CHANGE ORDERS 3/12/2010 Description Budget Actual Balance C/O #1 PCO #4 Bldrs Risk $1,735.00 $1,735.00 $0.00 C/O #1 PCO #8 Standpipe $5,619.10 $2,500.00 $3,119.10 C/O #1 PCO #9 NW Grading $3,156.80 $0.00 $3,156.80 C/O #1 PCO #12 Precon Addtl $74.49 $74.49 $0.00 C/O #1 PCO #13 Bldg Elevation $641.41 $320.71 $320.70 C/O #1 PCO #14 Flowfill $3,995.15 $3,995.15 $0.00 C/O #2 PCO #15 Added Formwork $1,885.20 $1,885.20 $0.00 C/O #2 PCO #16 Water & Sanitation $6,842.50 $6,842.50 $0.00 CO #2 PCO #17 Minor Utility Changs-Gerrard $1,365.00 $1,365.00 $0.00 C/O #2 PCO #22 Addtl Survey Costs for Major Util $2,295.68 $2,295.68 $0.00 C/O #2 PCO #30 Pothole & Excavate Existing Sani $1,367.41 $1,367.41 $0.00 C/O #3 PCO #46 Larger Pier Footings $30,000.00 $30,000.00 $0.00 C/O #4 PCO #10 Water & Gas line to Underground $5,659.39 $0.00 $5,659.39 C/O #4 PCO #11 NE Entrance $4,695.89 $0.00 $4,695.89 C/O #4 PCO #19 Year Round Use Power Changes $12,430.06 $0.00 $12,430.06 C/O #4 PCO #23 Water Room Larger $1,465.90 $0.00 $1,465.90 C/O #4 PCO #25 Credit PCO from C/O #2 ($2,307.60) ($2,307.60) $0.00 C/O #4 PCO #27 HW Heater Exhaust Flues $734.24 $0.00 $734.24 C/O #4 PCO #28 Light Ballast Change - PRPA Rebate $573.16 $573.16 $0.00 C/O #4 PCO #31 Revised Storm Sewer $3,176.84 $3,176.84 $0.00 C/O #4 PCO #35 Bldg Elevation Cert $640.78 $640.78 $0.00 C/O #4 PCO #38 Rock Excavation Water Line $6,390.52 $6,390.52 $0.00 C/O #4 PCO #39 Rock Excavation Storm Line $2,697.05 $2,697.05 $0.00 C/O #4 PCO #47 Install Modified Type C Inlet $3,755.59 $0.00 $3,755.59 C/O #4 PCO #48 Storm Protection Flow Fill $964.56 $964.56 $0.00 C/O #4 PCO #52 12" Foundation Wall $0.00 $0.00 $0.00 Totals $99,854.12 $64,516.45 $35,337.67 SUPPLEMENTAL ITEMS 3/12/2010 Description Budget Actual Balance Drainage Study/Improvements $25,000.00 Materials Testing 10,000.00 Design Fees 15,000.00 Construction Management 15,000.00 Water Tap Fees 109,000.00 Foundation 5,000.00 VIP Chairs 30,000.00 Sound System 60,000.00 Use of Existing Facilities 5,000.00 Builders Risk Insurance 1,700.00 Landscaping 60,000.00 Community Development 14,413.00 Geotechnical fees 0.00 Traffic Analysis O.00 RFP Ad 0.00 Foundation design criteria 0.00 Ad 0.00 Asbestos Abatement O.00 Lead based paint removal 0.00 Mitigation removal hazardous material 0.00 Totals $350,113.00 $0.00 $0.00 ARCHITECTURE FEES 3/12/2010 Description Budget Actual Balance Project Programming $5,984.00 $5,984.00 $0 Schematic Design 3,740.00 3,740.00 $0 Design Development 7,480.00 7,480.00 $0 Construction Documents 41,140.00 41,140.00 $0 Bidding or Negotiation 2,244.00 2,244.00 $0 Construction 14,212.00 2,132.00 $12,080 Additional Recoverables Original Contract 0.00 7,771.00 (7,771.00) Ad Hoc Committee 0.00 17,844.00 (17,844.00) Height variance 0.00 26,872.00 (26,872.00) Parking lot design 0.00 2,000.00 (2,000.00) Water detention pond 0.00 5,533.00 (5,533.00) Smoke detection sign 0.00 5,469.00 (5,469.00) Water system redesign 0.00 4,841.00 (4,841.00) Year round use 0.00 3,450.00 (3,450.00) Standpipe design 0.00 3,582.00 (3,582.00) Additional structural designs 0.00 11,024.00 (11,024.00) Other recoverables 0.00 2,067.00 (2,067.00) Professional services 0.00 22,334.00 (22,334.00) Extra bid analysis 0.00 2,507.00 (2,507.00) Alt Value engineering 0.00 1,465.00 (1,465.00) Totals $74,800.00 $179,479.00 ($104,679.00) 1#' , 4, 1. 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I .~ I # C'Â¥2 11. 4 C , . 1 2 6--PLjd ,)2 -4*49 ./9............... 6, e 1, 1- .....A -/*-.. a I 0.4 2 0* .1.11 111,1. f tc:*- 0 -1111. m A . ~~ ti * S ..1. i -2 I.,r Â« . - -*al" ./. /'/ d. I -.3 ' 1 0 -: ,- ... - 7....R... ..'llid"'./-/ 2 .:10 1, **,P~'".. ,- r. V - 1~%////IF1/= I"==- 1 / â‚¬ *â€¢191 =~;, ~ri.'BR~ 1 r .= , fr k~- .* O $ APHI - i.k . , f . 90,Â¢py:.... 4 410 , , . - 3Â£ I .*.- I .., 6 4 %41 4% f: 14*1> ~ Traffic wa /eft.a sto 1 - so man cars.' TOWN oF ESTES PAR1* Community Development Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Bob Joseph, Community Development Director Date: March 18,2010 RE: PUD Problem Statement Background: Consistent with the policy of improving communication between the Planning Commission and Town Board a problem statement has been jointly prepared for review and acceptance by the Town Board prior to forwarding on to the Planning Commission for action. Budget NA Staff Recommendation: Accept the Problem Statement and forward a recommendation to the Planning Commission to proceed with the preparation of revisions to the Estes Valley Development Code as generally outlined in the Problem Statement Sample Motion: I move to Accept/Reject the Problem Statement; and forward a recommendation to the Planning Commission to proceed with the preparation of revisions to the Estes Valley Development Code as generally outlined in the Problem Statement Page 1 PUD Problem Statement Draft: 2/8/10 (Words in parentheses describe what to include under each heading) To: Estes Park Board of Trustees From: Jerry Miller, Rex Poggenpohl, and Ron Norris Issue: (Describe the issue being addressed and why/reasons change is needed.) Current Estes Valley Development Code (EVCD) only allows PUD's on areas of at least 3 acres, and allows them only in the CO district. This greatly restricts the locations and number of places where PUD's can be considered. Other communities allow PUD's on areas as small as one acre. Purpose: (State problem to be solved in 2-3 sentences.) The intent of a PUD is to allow creative approaches to development so that multiple community needs (such as affordable housing and preservation of open space) can be met. It is proposed to review the PUD section of the EVDC to determine if this code should be revised to allow more flexibility and creativity in future developments/redevelopments in the Estes Valley. Scope: (Explain: 1. What is and is not to be considered. 2. Any other constraints or boundaries within which the work is to be kept. 3. Desired timing. 4. Suggested priority for this change.) â€¢ Review the current code: Sections 3.4,9.1-9.3, and 11.3. â€¢ Research other towns' experiences with PUD's, both good and bad. â€¢ Consider the benefits, and potential unintended consequences, of making no changes, making major changes, and making targeted changes. â€¢ Complete the above three steps by 3Q 2010, and review findings with the Toen Board and County Commissioners for alignment, before proceeding with any specific code revisions. â€¢ Recommend specific changes, if any, to the Town Board and County Commissioners. â€¢ Draft an updated Problem Statement for how to approach any proposed changes. Desired Outcomes: (Describe the benefits to be gained by solving this problem.) â€¢ A list of stakeholders who have an interest in PUD's â€¢ A credible analysis of the current PUD situation and future opportunities, that makes sense to all stakeholders â€¢ Specific recommendations for changes â€¢ A problem statement that gives direction for proceeding with code revisions Developed Bv: Jerry Miller, Rex Poggenpohl, Ron Norris 9 TOWN OF ESTES PARIQ Memo -,veÂ»:9Â».Â· nmunity Development 812692/ TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Robert Joseph, Director ~29*-3 David Shirk, Planner Date: March 23, 2010 RE: Ordinance #11-10 - Micro-Wind Turbine Amendments to the Estes Valley Development Code - Public Hearing. Background: This is a proposal to adopt regulations pertaining to Micro Wind Energy Conversion Systems. At their February 23 2010 meeting, the Town Board voted to remand wind turbine regulations to the Planning Commission for additional consideration, with direction to address specific issues. Based on Town Board direction, "micro wind" and "small wind" have been separated into two distinct classifications. On March 16, the Planning Commission held a public hearing to discuss small wind and micro wind. After discussion, the Planning Commission voted to continue small wind turbines to the April 20 public hearing, and provided direction to staff regarding draft language. By a 7-0 vote, the Planning Commission voted to recommend approval of an amendment to the Estes Valley Development Code to allow micro-wind turbines. The proposed amendment is included as Attachment A. Meeting Dates. Estes Valley Planning Commission - â€¢ November 12, 2009: Initial discussion, set parameters (this meeting followed two earlier public forums) â€¢ November 17, 2009: After public input regarding "micro-wind", opted to continue to December meeting â€¢ December 15, 2009: Unanimous vote to recommend approval. â€¢ March 16, 2010: Unanimous vote to recommend approval of micro-wind and continue small wind to the April 20 public hearing. TB Memo Mar 23 - Wind Turbine 1 Town Board - â€¢ January 26, 2010: First Reading â€¢ February 23, 2010: Second Reading; remanded to Planning Commission. â€¢ March 23, 2010: Public Hearing Board of County Commissioners- â€¢ TBD Budget N/A Planning Commission Recommendation: At their regularly scheduled March 16, 2010 meeting, the Estes Valley Planning Commission voted unanimously (7-0) to recommend APPROVAL of the proposed changes to Section 5.2 of the Estes Valley Development Code to allow Micro Wind Energy Conversion Systems. Sample Motion: Approval- 1 move to approve the proposed amendments to the Estes Valley Development Code Section 5.2 "Micro Wind Turbines", as delineated in Exhibit A. Disapproval- 1 move to disapprove the proposed amendments to the Estes Valley Development Code Section 5.2 "Micro Wind Turbines", as delineated in Exhibit A. TB Memo Mar 23 - Wind Turbine Page 2 ORDINANCE NO. 11-10 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE, SECTION 5.2 ACCESSORY USES AND ACCESSORY STRUCTURES TO INCLUDE MICRO WIND ENERGY CONVERSION SYSTEMS WHEREAS, the Estes Valley Planning Commission has recommended an amendment to the Estes Valley Development Code, Section 5.2 Accessory Uses and Accessory Structures ; and WHEREAS, said amendments to the Estes Valley Development Code are set forth on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code, Section 5.2 Accessory Uses and Accessory Structures set forth on Exhibit "A" and recommended for approval by the Estes Valley Planning Commission be approved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit "A". Section 2: This Ordinance shall take effect and be enforced 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 ,2010. TOWN OF ESTES PARK, COLORADO 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 day of , 2010 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2010, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk Exhibit A: Micro Wind FORMAT: 1) Existing text in black font. 2) Proposed text in blue underlined text. 3) Text to be removed in Fed-Stfikettweugh. Â§ 5.2 ACCESSORY USES (INCLUDING HOME OCCUPATIONS) AND ACCESSORY STRUCTURES A. General Standards. [No Changes] B. Accessory Uses/Structures Permitted in the Residential Zoning Districts. 1. Table of Permitted Accessory Uses and Structures. Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Residential Zoning District "Yes" = Permitted "No" = Not Permitted Additional Accessory Use RE- 1 RE E- 1 E R R-1 R-2 RM Requirements Micro Wind Yes ~ Yes |Yes |Yes |Yes |Yes ~ Yes Yes Â§5.2.B.2.g Energy Conversion Systems 2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. q. Micro Wind Enemy Conversion Systems. (1) Size. The swept area of anv individual micro wind energy conversion system shall not exceed fifteen square feet. (2) Height. Height shall be measured from original natural grade to the highest point of the structure moving or fixed, whichever is greatest, and shall not exceed thirty (30) feet. (3) Setbacks. Micro wind energy conversion systems shall be subiect to setback requirements set forth in Chapter 4. (4) Ridgeline Protection Areas. Micro wind energy conversion systems shall be subiect to Ridgeline Protection Standards set forth in Section 7.2. (5) Noise. All systems outside the Town limits of the Town of Estes Park shall comply with the noise standards found in Larimer County Ordinance 97-03 (as amended). All systems located within the Town of Estes Park shall comply with the noise standards found in the Municipal Code of the Town of Estes Park. (6) Lighting Prohibited. Lighting, graphics, signs and other decoration are prohibited on the system, nor shall lighting be located in such a manner to illuminate the structure. (7) Operating Cond#ion. All systems shall be kept in safe operating condition. Systems found to be unsafe by an official of the Town of Estes Park Light and Power Department, or the Protective Inspection Divisions of the Town of Estes Park or Larimer County, shall be subiect to emergency enforcement processes set forth in Chapter 12. (8) Ground C/earance. The minimum distance between the ground and anv blades or moving parts utilized on a system shall be ten (10) feet as measured at the lowest point of the swept area. (9) Permit Required. A permit shall be required for the installation or modification of anv micro wind enemy conversion system that: a. Is connected to the Town of Estes Park Light and Power Distribution System, or; b. Has a height of fifteen feet or more. (10) Limit on Number. Multiple systems may be installed on a lot, but shall not exceed a cumulative aggregate swept area of forty-five square feet. (11) Swept Area shall mean the largest vertical cross-sectional area of the wind-driven parts as measured by the outermost perimeter of blades. (12) Electrical Connections. Electrical connections and lines shall be placed below qround. C. Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts. 1. Table of Accessory Uses and Structures Permitted in the Nonresidential Zoning Districts. Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts Nonresidential Zoning District "Yes " = Permitted "No " = Not Permitted Accessory Use A A- 1 CD CO O CH 1- 1 Additional Conditions Micro Wind Enemy Yes Yes Yes Yes Yes Yes Yes 5.2.B.2.q Conversion Systems Chapter 13- Definitions Section 13.3 â€¢ Micro Wind Energy Conversion System (MWECS). A wind enemy conversion system consisting of a wind turbine with a swept area not to exceed fifteen (15) square feet, including appurtenant equipment, and which is intended to primarily reduce on-site consumption of utility power. Such systems are accessory to the principal use or structure on a lot. TOWN or ESTES PAR1* Memo Community Development TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Planner and Robert Joseph, Director Date: March 17, 2010 RE: SPECIAL REVIEW 2010-01 Circle of Friends Montessori School, 1820 S. St. Vrain Avenue; Circle of Friends Montessori School/Applicant Background: In 2008, the Circle of Friends Montessori School requested and received special review approval (SR 08-03) to operate a child-care center on a temporary basis at the Masonic Lodge property. 3 1-*/* -4 2./'#*p .9, Â·'t, 2 r-' /,~ .-2.4 - ..14 6 .-1 - The Montessori School intended :,P:f ..High Acres Dr. c 204Â£-,6&&~ 4 42~k..â€ž4. 11:/ ,thF to rent at this location for ~" r.3 1 4% 419~r ,h 'Se--'F;~T~' approximately one year, while L. L .6. they continued to search for a . . 47*e permanent lh~ome. The school *-â€¢'-4 ., :1., &8195544 Single-FUriilytky 711. t,1.$:Il~ continues search for a ,1232~Â¢419/4</1717 'iâ€ž 4~ Ej 4 , w~ ''S fi: permanent home, has not found ~~ ~'*'. 7.4 -zik,Gag ...=.-4, 3 4* F one yet, and has submitted a ,~/,rjr ..4/P ~ Un- 4 developed . new special review application &/phÂ· V : --0*9 r 7 (SR 2010-01) to remain at the b- * 315 /ly 51 ....=I - LA'UL 4.' Â· ,@~eâ€žAcacia DE...*~ 1 1 current location through 4.uÂ¥. 22 4. + Â». â€¢ 1' r,#E~JA-1 ,~P //0/ gallq//'Fil' December 2014. ...... ~1 , j *,Single-ramily ' -*mpum- -1|V. 7 **%6.4 L -P .# 1 ' I, I MI. 1 .h . I.-ij I 10, : ~ :3% :3 - 29, P. In 2008, staff and the Planning Commission supported waivers to the Estes Valley Development Code, and Town Board approved those waivers due to the temporary nature of the Montessori School's request. Special Review #08-03 was approved by the Town Board on December 9,2008 with the following conditions: 1. This approval shall expire on March 24, 2010, and the Montessori School shall: a. Submit a new Special Review application for review by December 23,2009 for Planning Commission review on February 17, 2010 and Town Board review on March 24,2010: or b. Shall vacate the property no later than March 24, 2010. 2. Compliance with the affected agency comments. Page 1 Budget: N/A Planning Commission Recommendation: On February 16, 2010, the Planning Commission unanimously voted to recommend approval of Special Review 2010-01, to allow the continued use of the Masonic Lodge building for a daycare and preschool for a period of eighteen months beginning March 23,2010, and expiring on September 23,2011. Planning Commission recommended waivers to the following: 1. EVDC Section 7.11 Off-Street Parking and Loading requires parking lot improvements, such as paving and striping the parking lot, and paving a driveway connection to Acacia Drive; 2. EVDC Appendix D Street Design and Construction Standards for relocating and upgrading the driveway connection to Acacia Drive; 3. E\/DC Section 7.5.F.3 Responsibility for Buffering for landscaping around the playground; 4. EVDC Section EVDC 7.11.F.3 and EVDC Section 7.5.G Parking Lot Landscaping for parking lot landscaping; and 5. EVDC Section 7.12.F Drainage/Water Quality Management for a stormwater management report and implementation of any needed stormwater management improvements. Planning Commission recommend the following condition of approval: 1. As required by the Colorado Division of Transportation: a. The property shall continue to freely use the driveway connection to Colorado Highway 7 through March 24, 2011. On March 25, 2011, the property owner shall permanently close the access, i.e., the driveway shall be removed and the area revegetated; or b. The property owner shall install a gate across the driveway, with review and approval of the date design and location by CDOT. The gate shall be locked at all times during the Montessori School's hours of operation. If CDOT finds noncompliance with this condition CDOT can, at their sole discretion, require immediate closure of the Highway 7 access, i.e., removal of the driveway connection and revegetation. Sample Motion: Approval I move to approve Special Review 2010-01 with the findings and conditions recommended by the Estes Valley Planning Commission. Denial I move to deny Special Review 2010-01. Page 2 TOWN or ESTES 14\14!Q_~ 0 Memo Community Development TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Robert Joseph, Director Date: March 17,2010 RE: Improvement Guarantee Time Extension, Streamside on Fall River Condominiums; Curtis Thompson/Applicant Background: This is a request for an extension to the timeframe for completion of improvements required with Town Board's approval of the Streamside Condominium conversion on May 23,2006. In accordance with Estes Valley Development Code Section 10.5.K.4 Time for Completion, improvements are required to be completed within two years of recordation of the condominium map, i.e., improvements were due to be completed by mid-2008. I< 133440--~~ Because condominiums are ~'~~ '~~Â· a form of subdivision Â£'1~~-~Clil-LI il v1~-Ii ~ compliance with subdivision ~ ~ standards was required. ~ Ir//6/am....rk"WAIMIA )9 Adequate public facilities ~ upgrades were delineated ~ on the approved maps and ~ -4.UNE qalle the property owner signed ~ the attached subdivision ~ ~ lif/ I~I improvement agreement ~ -~-â‚¬~-- describing the required .. D improvements and the . I .1 .../.&5.9 .0 timeframe for completing Â· the improvements. Improvements include: 1. Extending a water main and adding a fire hydrant; 2. Expanding internal paved roads; 3. Upgrading electrical main and service lines; and 4. Upgrading/expanding the sewer system. Staff has worked with the property owner over the past few years and the property owner has paid for the required trail improvements. Completion of remaining subdivision Page 1 improvements is almost two years past due and the property owner is currently in default of his improvement agreement. Lonnie Sheldon with Van Horn Engineering has prepared the attached letter for the property owner proposing a phasing plan, with completion of all improvements in three years, i.e., by December 1, 2013. Budget: If the Town uses the applicant's letter of credit to complete the improvements there may be a financial impact relating to attorney's fees and staff time spent on administration of the construction. Staff Recommendation: If the Town Board chooses to recommend approval of this request, staff has provided recommended conditions on approval below. Staff's recommendation incorporates the attached comments from the Estes Valley Fire Protection District dated March 16, 2010. Sample Motion: Approval I move to approve this request for an extension of the timeframe for completion of required improvements conditional to: 1. An updated cost estimate, reflecting current construction costs, shall be submitted for staff review and approval; and ~ 2. A letter of credit shall be provided for the full amount of the updated cost estimate and the letter of credit shall bear an expiration date no later than December 1, 2013, or a cash financial guarantee shall be provided. 3. If there is a condominium sale water and road improvements must be completed before such a sale is made. Denial I move to deny this request an extension of the timeframe for completion of required improvements. Page 2 SUBDIVISION IMPROVEMENT AGREEMENT This Subdivision Improvement Agreement made this 12 day of June , 2006, by and between Curtis J. Thompson , C'Developer") and the TOWN OF ESTES PARK, a Municipal Corporation, ("the Town"). RECITALS WHEREAS, the Developer seeks to subdivide a tract of property within the Town to be known as Streamside Condominiums ("the Subdivision"); and on Fall River WHEREAS, the Town seeks to protect the health, safety and general welfare of the community by requiring the completion of various improvements in the Subdivision and thereby to limit the harmful effects ofsubstandard subdivisions, including incomplete subdivisions which leaves property undeveloped and unproductive; WHEREAS, the purpose of this Agreement is to protect the Town from the cost of completing subdivision improvements itself and is not executed for the benefit of material men, laborers, or others providing work, services or material to the Subdivision or for the benefit of lot or home buyers in the Subdivision. NOW THEREFORE, the Parties agree as follows: 1. EFFECTIVE DATE: The effective date of this Agreement will be the date that final subdivision plat approval is granted by the Board ofTrustees of the Town. 2. IMPROVEMENTS: The Developer will construct and install, at his own expense, those on-site and off-site subdivision improvements listed on Exhibit A attached hereto and incorporated herein by this reference ("the Improvements"). The Developer's obligation to complete the Improvements will arise upon final plat approval by the Town, will be independent of any obligations of the Town contained herein, and will not be conditioned on the commencement of construction in the development or sale of any lots or improvements within the development. 3. SECURITY: To secure the performance of his obligations hereunder, the Developer will deposit with the Town on or prior to the effective date, cash, certified funds, or an irrevocable Letter of Credit in the amount of $ 83,643.00 . The Letter of Credit will be issued by a financial institution approved by the Town ("Bank"), will be payable at sight to the Town, and will bear an expiration date not earlier than one (1) year after the effective date of this Agreement. Revised 11/25/03 i The Letter of Credit will be payable to the Town at any time upon presentation of (i) a sight draft drawn on the issuing bank in the amount to which the Town is entitled to draw pursuant to the tenns of this Agreement: (ii) an affidavit executed by an authorized Town official stating that the Developer is in default under this Agreement; and (iii) the original o f the Letter of Credit. 4. STANDARDS: The Developer will construct the Improvements according to the standards and specifications required by the Town's Subdivision Regulations, Water Engineering Standards, and any other Town improvement standards, as applicable. 5. WARRANTY: The Developer warrants that the Improvements, each and every one of them, will be free from defects in material and workmanship for a period of two years from the date that the Town accepts the dedication of the last improvement completed by the Developer. The Developer shall file with the Town, at the time of completion and acceptance of said improvements, a separate Warranty Collateral Agreement for this warranty period. 6. COMPLETION: The Developer is obligated to complete the Improvements in accordance with the timeframes specified in the Estes Valley Development Code. 7. COMPLIANCE WITH LAW: The Developer will comply with all relevant laws, ordinances, and regulations in effect at the time of final subdivision plat approval when fulfilling his obligations under this Agreement. When necessary to protect public health, the Developer will be subject to laws, ordinances and regulations that become effective after final plat approval. 8. INSPECTIONS AND CERTIFICATION: The Town will inspect the improvements as they are completed and, if acceptable to the Town, certify such improvements as being in compliance with the standards and specifications as set forth in Paragraph 4 herein. Certification by the Town does not constitute a waiver by the Town of the right to draw funds under the Letter of Credit on account of defects in or failure of any improvement that is detected or which occurs following such certification. 9. NOTICE OF DEFECT: The Town will provide notice to the Developer whenever inspection or improvement failure reveals that an improvement does not conform to the standards and specifications or is otherwise defective. The Developer will have 30 days from the issuance of such notice to cure the defect. In the event the defect or failure of the improvement requires emergency repair in order to protect the public health, safety and welfare, the Town may ( make said emergency repair without the necessity of notice to the Developer. The Developer shall be responsible to the Town for the reasonable cost of said emergency repairs. Revised 11/25/03 Page 2 10. DEFECTS AFTER ACCEPTANCE: The Developer will have no right to cure defects in any improvement found to exist or occurring after the Town accepts the improvement. The Developer shall be responsible to the Town for the reasonable cost of repair or correcting the defect in the accepted improvements. 11. REDUCTION OF SECURITY: A request for reduction of security will be accompanied by a letter from the Public Works Department verifying that the improvements have been completed satisfactorily, and the requested reduction is in order. After the acceptance of any improvement, the amount of which the Town is entitled to draw on the Letter of Credit will be reduced by an amount equal to 90 percent of the estimated cost of the improvement. At the request of the Developer, the Town will execute a certificate verifying the acceptance of the improvement and waiving its right to draw on the Letter of Credit to the extent of such amount. A Developer in default under this Agreement will have no right to such a certificate. Upon the acceptance of all of the improvements, the balance that may be drawn under the Letter of Credit will be available to the Town for 90 days after expiration of the Warranty Period. OTHER PROVISIONS 12. EVENTS OF DEFAULT: The following conditions, occurrences or actions will constitute a default by the Developer. a. Developer's failure to complete construction of the Improvements within one year of final subdivision plat approval; b. Developer's failure to cure the defective construction of any improvement within the applicable cure period; c. Developer's insolvency, the appointment of a receiver for the Developer, the filing of a voluntary or involuntary petition in bankruptcy respecting the Developer, or Developer's abandonment ofthe development. 13. MEASURE OF DAMAGES: The measure of damages for breach o f this agreement will be the reasonable cost of completing or repairing the improvements. For improvements upon which construction has not begun, the estimated cost of the improvements as shown on Exhibit "A" will be prima facie evidence of the minimum cost of completion; however, neither that amount or the amount of the Letter of Credit establishes the maximum amount of the developer's liability. However, the parties agree that any sums received by the Town from drawing on a Letter of Credit for the reasonable cost of completing or repairing the improvements, are liquidated damages for breach of this agreement. The parties further agree that in the event the reasonable cost of completing or repairing the improvements is greater than the amount of the liquidated damages, Developer shall be responsible for said deficiency as Revised 11/25/03 Page 3 0 . f ( provided in Paragraph 14 of this agreement. Said deficiency shall also be damages for breach of this agreement by Developer. 14. TOWN'S RIGHT UPON DEFAULT: when any event of default occurs, the Town may draw on the Letter o f Credit to the extent of the face amount of the credit, less 90 percent of the estimated cost (as shown on Exhibit A) of all improvements theretofore accepted by the Town. The Town will have the right to complete improvements itself or contract with a third party for completion, and the Developer hereby grants to the Town, its successors, assigns, agents, contractors, and employees, a nonexclusive right and easement to enter the property for the purposes of constructing, maintaining, and repairing such improvements. Alternatively, the Town may assign the proceeds of the Letter of Credit to a subsequent developer (or a lender) who has acquired the Subdivision by purchase, foreclosure or otherwise who will then have the same rights of completion as the Town if, and only if, the subsequent developer (or lender) agrees in writing to complete the unfinished improvements. In addition, the Town also may suspend final plat approval during which time the Developer will have no right to sell, transfer, or otherwise convey lots or homes within the Subdivision without the express written approval of the Town, or until the improvements are completed and accepted by the town. The Developer also agrees to pay any deficiency remaining after the application of the proceeds of the Letter of Credit to the Town in the event that the amount o f the Letter of Credit is insufficient to complete the improvements. Also, the undersigned agree that they shall pay to the Town all reasonable attorney's fees, expert's fees, and court costs incurred by the Town in enforcing the terms of the Letter of Credit or this improvement agreement. These remedies are cumulative in nature. 15. NO WAIVER: No waiver of any provision of this Agreement will be deemed or constitute a waiver of any other provision, nor will it be deemed or constitute a continuing waiver unless expressly provided for by a written amendment to this Agreement signed by both the Town and Developer; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type. The Town's failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Developer or the acceptance of any improvement. 16. AMENDMENT OR MODIFICATION: The parties to the Agreement may amend or modify this Agreement only by written instrument executed by the Town and by the Developer. 17. SCOPE: This Agreement constitutes the entire agreement between the parties and no statement(s), promise(s),or inducement(s) that is/are not contained in this Agreement will be < binding on the parties. Revised 11/25/03 Page 4 18. SEVERABILITY: If any part, term, or provision of this Agreement is held by the courts to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the validity o f any other part, term, or provision and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 19. BENEFITS: The benefits of this Agreement to the Developer are personal and may not be assigned without the express written approval of the Town. Such approval may not be unreasonably withheld, but any unapproved assignment is void. Notwithstanding the foregoing, the burdens of this Agreement are personal obligations of the Developer and also will be binding on the heirs, personal representatives, successors, and assigns of the Developer. The Town may assign its rights under this Agreement, including the accompanying Letter of Credit, to any third party without notice. 20. NOTICE: Any notice required or permitted by this Agreement will be deemed effective when personally deliver in writing or three (3) days after notice is deposited with the U.S. Postal Service, postage prepaid, certified, and return receipt requested, and addressed as follows: Developer: Curtis J. Thompson 1260 Fall River Rd. P.0 Box 2390 (Mailing) Estes Park, CO 80517 Town: Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 21. RECORDATION: Either Developer or Town may record a copy o f this Agreement in the Clerk and Recorder's Office of Larimer County, Colorado. 22. IMMUNITY: Nothing contained in this Agreement constitutes a waiver of the Town's sovereign and/or governmental immunity under any applicable state law including, but not limited to, Colorado Governmental Immunity Act 23. PERSONAL JURISDICTION AND VENUE: Personal jurisdiction and venue for any civil action commenced by either party to this Agreement, whether arising out of or relating Revised I 1/25/03 Page 5 .. ( to the Agreement or Letter of Credit, will be deemed to be proper only if such action is commenced in District Court for Larimer County. The Developer expressly waives his right to bring such action in or to remove such action to any other court whether state or federal. 24. SUCCESSORS AND ASSIGNS: the terms of this agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day and year first above written. TOWN OF ESTES PARK 'W...U:BY:'7:>, LL '3-11 41.1*.4* E.u 7 %:95*h/[ayor % 9 6.\ ATTEST: 52/ .'A =. %9 E ; . 51 C far: ...1. ~ra_.joL ul) *.52-SL4-,1./<Â£/./.Eagmi:â€¢lufti: 26112:~:la~~Ff T0wn Clerk %421*~ DEVELOPER BY: V /// Curtis J. Thompson ATTEST: C~'-/>-- VV712 1.59*K,ve .â‚¬I- - El i .,...~ : El 14. PUBLIC,Â·4# am Revised 11/25/03 Page 6 Streamside Condominiums Phase I Public Facilitates Cost Estimate Water Fire Hydrant = $3,000 Waterline Main Extension Cost Estimate Trenching 180' of line @$40/LF = $7,200 $10,200 Electrical (cost is considered to be part of the Development Plan 05-05) Road Crossing = $5,000 (Completed) * *Town Electric Department estimate = $26,578 (* *- from Todd Stichen @ Town Electric Department) -$26,578 Sewer 8" Main Extension 330' of line @$45/LF = $14,850 8" Main Estension across river 40' of line @160/LF = 6,000 Service Line (6") - 100' of line @$30/LF = $3,000 Man Hole -3@ $1,500 each = $4,500 -$28,350 Roads (Public Works) Expand existing roads to meet town standards- Dirt work = 8 days @$1,000/day = $8,000 Paving = 800' (10' wide) =150 tons @$60/ton in place = $9,000 Trail Construction = 110' of concrete trail @ $40/LF= $4,400 ADA ramps = $3,000 -$24,400 Gas (cost is considered to be a part of the Development Plan 05-05 Lump Sum Estimate = $5,000 Approximate Total Cost $94,528.00 From: Karen Thompson To: Alison Chilcott; "bioseph@estes.org"; Subject: FW: Streamside Condominiums - Request for Improvement Guarantee Time Extension - Referral for Comment Date: Tuesday, March 16, 2010 9:15:32 PM From: Derek Rosenquist Sent: Tuesday, March 16, 2010 4:07 PM To: Karen Thompson Subject: RE: Streamside Condominiums - Request for Improvement Guarantee Time Extension - Referral for Comment The Fire Department has no objection as long as the time frame for improvements is followed and the occupancy remains the same. However, if there is a condominium sale water and road improvements must be completed before such a sale is made. Derek Rosenquist Training Captain Estes Valley Fire Protection District 970-577-3690 From: Karen Thompson Sent: Tuesday, March 16, 2010 1:47 PM To: Greg White; Jacqueline Halburnt; Jackie Williamson; Scott Zurn; Greg Sievers; Tracy Feagans; Bob Goehring; Jeff Boles; Reuben Bergsten; Barbara Boyer Buck; Will Birchfield; Derek Rosenquist; Eric Rose; Carolyn McEndaffer; Len Hilderbrand (lenhilderbrand@xcelenergy.com); James Duell Cc: Alison Chilcott Subject: Streamside Condominiums - Request for Improvement Guarantee Time Extension - Referral for Comment REFFERAL FOR COMMENT This email is to notify you that staff has received a request, which can be viewed by accessing the following links or by visiting our website at http://www.estes.org/comdev/CurrentRequests.aspx. mrown, 1Mmmm;!ml 1-1 2:Me; -laiIE:WI Â· i (miâ€ž , 42*â€¢- 0 [gate = 41~illml elmgunDI San=& 2006 3/23/10 Statement of Subdivision Staff Report & Streamside Improvement 1260 Fall Intent . Improvement Comments Condominiums Guarantee River Road Agreement & available Time 3/19/10 Engineers Extension Cost Estimate If you have questions about this application, please contact Bob Joseph, Community Development Director, at 970-577-3725 or bioseph@estes.org as soon as possible. Thank you. Karen Thompson Secretary, Community Development Department Town of Estes Park 170 MacGregor Avenue PO Box 1200 Estes Park, CO 80517 Phone: 970.577.3721 Fax: 970.586.0249 kthompson@estes.org 0.3/lb/2810 12:84 6192889888/ IME UMb bjUME #48519 MAGE 02/03 ( ~21@-ifv,MI /.k 1~ MAR 1 6 201.-bl M UUMPU . : 'Aty' . . 1 I /7 ~s=.*62 Wt' ti# 69 eD'19~COACe-" - I.N. 3.:Abufjjur. 4-* Â£3Â·5- _ . . -.* ---7 LAND SURVEYS -1-- ..1 - 9 SUBDMSIONS DEVELOPMENT PLANNING IMPROVEMEbIT PLATS _ SmUCTURAL ENGINEERING VAN HORN ENGINEERING AND SURVEYING SANrrARY ENGINEERING MUNICIPAL ENGINEERING March 12, 2010 Dear Town Board Members and Planning Director Joseph: Streaniside Condominiums were approved-recorded in June of 2006. There *e 19 existing condoudnium units and 24 approved for future construction. The property has been, and currently is used for. nightly remals. There have been no sales of any condominium units since the approval. A Letter of Credit (LOC) is held by the Town for approximately, $78,500 to secure the public improvements according to Ihe Subdivision Improvement Guarantee. In addition to the slow economy, tbe Owner has endured several personal family and health related hardships in the past three years. The property is currently on the real estate market, "as is". The condominium approval does run with the land. The owner's desire is to keep the condominium approval, revise the subdivision improvement guarantee, and make the following improvements on the proposed timeframes: Phase A (by 12-01-2010> Water main extension andadd one hydrant- Estimated Cost = $9,000 Phase 2 (by 12-01-2011). Expand internal paved roads to meet Code standards. Estimated cost= $13,400 Phase 3 (by 12-01-2012). Update electrical main and service lines (all buried) Estimated cost = $30,700 Phase 4 <by 12-01-2013). Upgrade/expand sewer system. Estimated cost = $25,400 The order of the above phasing is based on fire safety as a priority, access as a second priority, then the more private utilitieg. The total of the above estjmates represent fractions ofthe total ofthe existing LOC for $78,500. The owner realizes that he is in default ofthe current Subdivision Improvement Agreement By phasing the improvements on this time schedule, he can keep an income stream from his viable rental business (even with tbe relatively short tourist season). Please remember that the current use of the properry has not changed even though the condominium (subdivision) was approved. In the prosent economic climate, sale of accommodation condominiums is not practical or feasible; and the owner is not marketing for individual condominium sales. Should the owner make a condominium sale, the phasing would be accelerated so that all improvements are completed within six months after such sale. 1043 FishaeekRoad â€¢ Estespark, Colom{[080517, 970 586-9388 â€¢ fax 970-586-8101 - E-mail: vhe*irbits.com 1/ Lulu 1 L. WY OULOO 1000 1 , ric ur .0 0 1 L,IriC #40)0 rHOC 0.3/ t'.3 1. i The owner has invosted many thousand dollars in engineering and legal work to obtain approval for the condominium development. However, the economic situalion has changed dramatically over the past four years. 'The owner hopes to retain the condomioium *amework that has been established, but allow subsequent owners to determine the best development approach for this property. Until there is some clarification of the economy ofthe future, rapid completion of the infrastructure improvements is not necessary. Ant dissolving the condominium bmework would be economiÂ¢4, wasteful. The owner is requesting some accommodationof these issues in requesting an extension oftime to complete adequate public facility improvements. Lastly, he agrees that no new building permits for new condominium construction will be proposed until all oftbe above listed improvements are in place. You should also kaow that he did grant Â©asements for, and paid the Town $16,012, in late 2008, for the public trail improvements that front this land and are now complete and in use by the public (the original cost estimate guarantee for this item was $17,755). Thank you for your consideration ofthe above4 Sincerely, Lonnie Sheldon For Van Hom Engineering and Surveying Inc. And Streamside Condominiums C; Gregg Coffman Â· C: Curt Thompson /i J --~ t. u nâ€¢nE:0tn4,~~1,0 PE *J 1043 Fish CrockRoad â€¢ Estes Park, Colorado 80517â€¢ 970-586-9388 â€¢ fax 970-586-8101 â€¢ E-msit: vhe@airbiricom 9- TOWN OF ESTES PARIÂ© Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Estes Park Tree Board Date: March 23, 2010 RE: Tree Board Appointment - Craig Adams Background: In March 2009, long-time Tree Board member Wendell Amos retired from the board and moved to Florida. The Tree Board attempted to fill the vacant position with Bryan Michener, who was ultimately unable to become a member due to health issues. In January of 2010, an advertisement for this open position was run and several applicants were interviewed by three members of the board (Chairman Scott Roederer, Rex Poggenpohl, and Sandy Burns) and one Public Works staff member, Barb Boyer Buck. As a result, Craig Adams was recommended for Tree Board membership. Mr. Adams has been a resident of Estes Park for nearly two years. He studied Forestry Administration and Park Resource Management at Kansas State University and the University of Idaho. Mr. Adams worked in the forestry industry at the federal, corporate and private level and has seven years experience as a safety professional. As a Tree Board member, he would like to focus on safety, education and community involvement. Budget: N/A Staff Recommendation: The Estes Park Tree Board recommends the appointment of Craig Adams to fulfill a vacated term expiring in April, 2012. Sample Motion: I move to approve/deny the appointment of Craig Adams to the Tree Board, to fulfill the term vacated by Wendell Amos, which expires in April, 2012. TOWN oF 19[ES PAR-K~- Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: March 18, 2010 RE: Estes Valley Board of Adjustment Appointment - Mark Elrod Background: In February 2010, Board member Al Sager retired from the board and an advertisement for the open position was run and only one complete application was received by Mr. Mark Elrod. Mr. Elrod has been a resident of Estes Park since July 2008. He graduated from Washburn University, Topeka, Kansas, with B.A. (Bachelor of Arts) and J.D. (Juris Doctor) degrees. Mark's career history in Banking/Brokerage arena was in developing and managing Trust Departments and Companies in Kansas, Wisconsin and Missouri. Mark retired in 2007 from national $4B A. G. Edwards Trust Company in St. Louis. Mr. Elrod has had experience with the BOA during an application for a variance to build his current home. He has also completed the Citizen's Information Academy in 2009. He is currently a Board member of the Estes Park Medical Center Foundation; and previously served on the Supporters of the Performing Arts-Building and Design Committee. His intent is to maintain objectivity and impartiality in carrying out the duty and responsibility of Town governance. Budget: NA Staff Recommendation: N/A Sample Motion: I move to approve/deny the appointment of Mark Elrod to the Estes Valley Board of Adjustment with the term expiring March 31, 2013. TOWN OF ESTES PARL Memo 12Â»~ TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: March 18, 2010 RE: Platte River Power Authority Appointment - Reuben Bergsten Background: With the recent announcement of Director Bob Goehring's retirement in October 2010, the Town has begun to take steps to fill positions he held on Committees and Boards. Director Goehring currently sits on the PRPA Board with a term that expires on December 31, 2011. Utilities Engineer Reuben Bergsten has been selected to fill the position on the PRPA Board immediately to allow Director Goehring time to bring him up to speed on current issues. Budget: N/A Staff Recommendation: NA Sample Motion: I move to approve/deny the appointment of Reuben Bergsten to the Platte River Power Authority Board replacing Bob Goehring with a term expiring December 31, 2011. TOWN or ESTES PARI<L Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Steve McFarland - Finance Officer Date: March 23, 2010 RE: Extension of Estes Park Housing Authority Loan Background: The Town of Estes Park (Town) and the Estes Park Housing Authority (EPHA) entered into a 2-year agreement on June 1, 2006, whereas the Town loaned the EPHA $2,700,000 for the purpose of acquisition and resale of low-income housing. At inception, the interest rate was 3.38% (interest rate of Colo Trust MMF) + 0.25% basis points. The interest rate is reset annually. On June 1, 2008, the EPHA had paid the loan down to approximately $1,650,000, and requested a 2-year extension. The extension was granted. The remaining balance of the loan (as of the date of this memo) is $415,000. The EPHA has requested another extension, for a period of one year. The interest rate for the next fiscal period (June 1, 2010 - May 31, 2011) will be 0.19% + the 0.25% basis point, for a total of 0.44%. Budget The General Fund budget is not affected, as the General Fund's portion of the original loan was repaid in June 2008. The L&P, Water, and Catastrophic Loss Funds are due varying percentages of the remaining $415,000 (L&P - $135,636, Water - $103,243, Catastrophic Loss - $176,121). Required ratios in the Enterprise (L&P, Water) funds are not affected by the proposed extension of the loan. Staff Recommendation: Staff recommends extension of the EPHA loan for a period of one year. Sample Motion: I move to approve/deny extending the Estes Park Housing Authority Loan for a period of one year. Page 1 TOWN or ESTES PARIÂ© Memo TO: Honorable Mayor Pinkham Board of Trustees From: Town Administrator Halburnt Date: March 19, 2010 RE: Park Theater Mall Fee Waivers Background: At the 1/12/10 town board meeting, the town board was considering waiving business license fees for businesses completely destroyed by the Park Theater Mall fire. Paul Fishman approached the board and requested the item be tabled because the businesses had organized and wanted to approach the board with a request for more waivers than just business licenses. Mayor Pinkham, Trustee Eisenlauer and I met with the businesses on 1/22/10 to hear their proposal for waivers, which is attached. The PTM group presented this information to the Community Development Committee on 2/4/10 and a study session was held on 3/9/10. Since these discussions, we have been contacted by 2 other businesses who did not want the town board to waive any fees. One business owner said he had his best year ever in 2009 and is on track to have an even better 2010. He said he was investing $50,000 in improvements to his business and has never received a thank you or incentive for his efforts, but was not expecting it either. As a result of these discussions, staff recommends the following: 1. Waiving or reimbursing business license fees of $200 per business. a. Option to waive or reimburse additional $500 for any town services 2. Allowing waivers or reimbursements to occur through December 31, 2011. 3. Waiving or reimbursing fees for 16 affected businesses, which include the mall itself, the businesses listed in the proposal, plus Caramel Crisp, Copper Penny and Rocky Mountain Traders. 4. Fee waivers and/or rebates would be paid from the Catastrophic Loss Fund Staff prepared the following information in response to all of the PTM requests: 1. We have no problem appointing one contact, which would be Lowell Richardson. Page 1 2. Sales tax rebates are typically used by Colorado communities as an incentive to bring in big business that may provide jobs or revenues to the community. 11 do not know of a community which has used sales tax rebates for disaster relief. We contacted both DOLA and CML, which had no prepared information on sales tax rebates. I emailed the Colorado Managers' List Serve to ask how communities used sales tax rebates. The responding communities indicated they used sales tax rebates to reimburse big businesses to install public infrastructure. The businesses made an impact to the towns by providing jobs or revenue to the town. 3. a. The financial impact is $3200 to the catastrophic loss fund to waive business license fees for 16 businesses. b. If the board waives an additional $500 per business for town services, the additional impact would be $8,000. c. We can offer them free 11x17 advertising space on the CVB community board. d. We have no problem working with the property owner on an appropriate sign with information about the business. e. We have no problem waiving utility deposits as a courtesy for these businesses. 4. Once demolition is completed, the property will be fenced off at the perimeter. We do not anticipate that the general public will be able to access the property, but are certainly willing to help the owner research the possibility. 5. Should the board decide to grant fee waivers, staff recommends extending the same waivers to all businesses. Budget: $11,200 maximum from Catastrophic Loss Fund #605. Sample Motion: I move to approve/deny a fee waiver to the 16 affected park theater mall businesses for town services up to ($200 or $700), to be used by December 31, 2011. TOWN OF ESTES PAR.~ Memo -1 A & ./~ -1~ TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Scott A. Zurn, PE, Public Works Director Date: March 23, 2010 RE: Concession Stand Tenant Finish Contract Background: On March 18, the Town of Estes Park received sealed bid proposals for the Grandstand concession stand tenant improvements at the Stanley Park Fairgrounds. Base bids included materials, labor, equipment, cabinetry and plumbing. Alternate A is cabinetry for the Lyons Club desk area and Alternate B is the provision and installation of a garbage disposal - both of these are optional to the base bid. Thorp Associates placed this advertisement for bids in the legal newspaper of record, the Estes Park Trail Gazette, on March 3 and 5. Seven contractors picked up bid packets and five bids were received and opened, as detailed below. Contractor Name Contractor Base Bid Alternate A Alternate B City Amount (office (garbage cabinetry) disposal) Taylor Kohrs Denver $37,630 $650 $3,100 Kendall Construction Estes Park $36,082 $490 $2,893 Westover Estes Park $29,250 $500 $2,750 Construction Cornerstone Estes Park $39,646 $480 $2,950 Construction Concepts Aldrich Builders Estes Park No bid received Karl Ertl Estes Park No bid received Growling Bear Greeley $37,526 $1,368 $2,886 Budget EPURA, 380-7000-419.35-70, $50,000, for concessions tenant finish Staff Recommendation: We recommend awarding Westover Construction of Estes Park the base contract for Grandstand concession stand tenant improvements at the Stanley Park Fairgrounds, for the low bid of $29,250 with the Alternate A add-on for an additional $500 for a total contract amount of $29,750. Staff further recommends encumbering an additional $3,000 for contingencies. Sample Motion: I move to approve/deny the contract for the Grandstand concession stand tenant improvements at the Stanley Park Fairgrounds to Westover Construction of Estes Park for the base bid and Alternate A combined total of $29,750. I further move to approve/deny an additional $3,000 in contingencies for a total of $32,750 encumbered from account 380-7000-419.35-70. I ' 1Â·Â· Page 2 TOWN or ESTES PARKL UÂ®CIDE~FIRED Memo TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Gregory A. White, Town Attorney Date: March 3, 2010 RE: Ordinance No. 10-10 Amending and Restating Title 2 Pertaining to Administration and Personnel and Section 9.02.040 Pertaining to False Reporting to Authority Background: Title 2 of the Municipal Code During the review of the Mayor's and Board of Trustees' duties and responsibilities by Trustee Blackhurst, Trustee Levine, Town Administrator Halburnt, and myself, it was determined that Title 2 of the Municipal Code should be amended to only include those sections required by the State statutes to be part of the Municipal Code and reorganized for a more readable format. Exhibit A of Ordinance No. 10-10 is a complete restatement of Title 2 and is based upon the following rationale: a. The new Title 2 removes all portions of Title 2 that should be located within the policy manuals of Town Departments. For example, the removal of the Tree Board and Unclaimed Property sections of Title 2 and relocation of those provisions in Town Department policy manuals. b. Rearrangement of Code sections so that the sections for Board of Trustees, Mayor, and Town Administration are found together and not scattered throughout the former Title 2. c. Consolidation of sections for appointment of Town Officers, including the officers' duties and compensation. d. Removal of the appointment of the Fire Chief and designation as the Fire Chief of the Estes Valley Fire Protection District. Page 1 e. Recognition that certain personnel of the Town, such as the Police Chief, are part of the Town's personnel system and not required to be appointed by the Town Board. f. Recogni~on that mail ballot elections will require seating of new Trustees and appointment of Officers to be held following certification of the results of each biennial election and not at the first regular meeting of the Town Board in April of each year. Amendment of Section 9.02.040 This amendment to the Municipal Code is necessary to correct a reference to the Volunteer Fire Department. Budget There are no budgetary implications for adoption of this Ordinance. Staff Recommendation: Staff recommends adoption of Ordinance No. 10-10. Sample Motion: I niove to adopUnot adopt Ordinance No. 10-10. t T f ?eâ‚¬Â»E.rrâ‚¬.0 3 1911 0 Title 2 Administration and Personnel Chapter 2.04 Board of Trustees 2.04.010 Four-year terms fbr Trustees 2.04.020 Write-in candidate affidavit 2.04.030 Cancellation of elections 2.04.040 Meeting 2.04.050 Quorum 2.04.060 Action by Board Chapter 2.08 Standing Committees 2.08.010 Committees 2.08.020 Special committees Chapter 2.12 Mayor 2.12.010 Four-year term for Mayor 2.12.020 Duty to sign warrants or other instruments; facsimile signature 2.12.030 Vote required Chapter 2.16 Mayor Pro Tem 2.16.010 Mayor Pro Tem Chapter 2.20 Mayor and Trustee, Compensation 2.20.010 Compensation ofMayor and the Board ofTrustees Chapter 2.24 Town Officers 2.24.010 Appointment 2.24.020 Officers' Duties 2.24.030 Compensation Chapter 2.28 Town Administrator 2.28.010 Town Administrator; appointment 2.28.020 Functions and duties Chapter 2.32 Municipal Court 2.32.010 Municipal Court Chapter 2.36 Social Security Coverage 2.36.010 Social Security coverage Chapter 2.40 Fire Chief 2.40.010 Designation 2-2 Supp. 17 Administration and Personnel Section 2.04.010 Chapter 2.04 called by the Mayor or, in his or her absence, by the Town Clerk, by written notice of such Board of Trustees meeting, to each member of the Board of Trus- tees. (Prior code Â§4.1; Ord. 27-74 Â§1, 1974; 2.04.010 Four-year terms for Trustees. Ord. 6-90 Â§3,1990; Ord. 15-97,1997; Ord. 8-03 Â§1, 2003) At each regular election three (3) Trustees shall be elected to serve four-year terms. (Prior 2.04.040050 Quorum. code Â§3.1-1; Ord. 6-72 Â§1(part), 1972; Ord. 15- 97, 1997) Four (4) members of the Board of Trustee& shall be a quorum for the transaction ofbusiness. 2.04.012020 Write-in candidate affidavit. No business shall be transacted except when a quorum is present, but a smaller number may In any special or regular election fep-eleetien adjourn the meeting to another time. (Prior code of any member to the Board of Trustees, no Â§4.3) write-in vote for any person shall be counted unless an affidavit of intent has been filed with 2.04.050060 Action by Board. the Town Clerk at least twenty (20) days prior to the date of the election, -by the person whose All ordinances and all resolutions for the name is written in, prior to twenty (20) days appropriation of money or the entering into of before the date of the election, indicating that contrActs shall require for their passage ' the such person desires the office andis qualified to concurrence of a majority of the Board of Trus- assume the duties of that office, if elected. (Ord. tees. All other mattefs-actions of the Board of 20-91 Â§1, 1991) Trustees upon which a vote js taken shall require the concurrence of a majority of those present. 2.04.016030 Cancellation of elections. (Ord. 15-Â§72 1997) In any special or regular election for a mem- ber or members to the Board of Trustees, if the Chapter 2.08 only matter before the voters is the election of ~ persons to office and if, at the close of business Standing-Committees on the nineteenth day before the election there are not more candidates than offices to be filled 2.08.010 Committees. at such election, including candidates filing affi- davits of intent, the Town Clerk, if instructed by At the first regular meeting following the resolution of the Board of Trudteesreither-befefe certification of the results of each biennial or after such date, shall cancel the election and election; the Mayor shall appoint three (3) the Board of Trustees shall declare the candi- Trustees to the following standing committees: dates shall be deemed elected. (Ord. 20-91 Â§2, community development, public safetyi aAd 1991; Ord. 15-97, 1997) public worksi and utilities. (Ord. 26-88 Â§1(part), 1988; Ord. 7-03 Â§1,2003) 2.04.030040 Meetings. 2.08.030020 Special committees. The regular meetings of the Board of Trus- tees shall be held at the Municipal Building, 170 Special committees may be appeinted-as-the MacGregor Avenue, Estes Park, Colorado, on needs-efestablished by the Board of Trustees the second and fourth Tuesday of each and every may--Fequife. The Mayor khall appoint all month at 7:00 p.m. Special meetings may be members of any special committee e#L-the 2-3 Supp. 10 Administration and Personnel Section 2.04.010 Tewnsubiect to the approval of the Board of Trustees. (Ord. 26-88 Â§1(part), 1988) 2-3 Supp. 10 Administration and Personnel Section 2.08.040 24.440--lffee-Beaffk to insure public safety and/or to preserve and enhance the beauty of public grounds and (a) Creation. The Board shall consist of streets; recommendations concerning any seven (7) members who shall bc appointed by portion of a tree overhanging any public the Mayor with the approval of the Board of street or right of way with regard to obstruc Trustees. The term ofthe members shall be four tion of view and the public safety; recom (1) years. The initial terms shall be three (3) mendations concerning the removal of all members with two year terms and four (3) mem dead, diseased or dangerous trees, broken or bers with four year terms. Following the initial decayed limbs which constitute a safety haz two year terms, all terms shall be four (1) years. ord to the public. (Ord. 23 96 Â§Â§1 3, 1996; Any vacancy that shall occur during the term of Ord. 15 97, 1997) any member shall be filled by appointment by the Mayor with the approval of the Board of Trustees for the unexpired portion of said mem Chapter 2.12 ber's term. Members of the Board shall serve witheutÂ·eempensatielb Mayor (b) Administration. The Tree Board shall 2.12.010 Four-year term for Mayor. choose its own officers and make its own rules and regulations for the management of it duties. A Mayor shall be elected to serve a four-year term. (Prior code Â§3.1-2; Ord. 6-72 Â§1(part), (c) Duties and responsibilities. 1972; Ord. 15-97, 1997) (1) It shall be the responsibility of the 2.12.020 Duty to sikn warrants or other Tree Board to study, investigate, develop and instruments; facsimile signature. administer a plan for the care, preservation, planting, replanting and removal of trees and All warrants or other instruments of payment shrubs in parks, along public streets and drawn upon the Town shall be signed by the rights of way, and in other public areas of the Mayor. The Mayor may execute, or cause to be Town. The Tree Board, when requested by executed, all such warrants or other instruments the Town Board, shall consider, investigate, of payment with a facsimile signature in lieu of make findings, report and recommend on any his or her manual signature upon his or her com- matter referred to it by the Board of Trustees. pliance with State statutes pertaining to fae- simile signatures. (Prior code Â§3.1-5; Ord. 14- (2) The Tree Board may fonvard to the 72 Â§1,1972; Ord. 15-97, 1997) Board of Trustees recommendations regard ing public tree resources including. but not 2.12.030 Vote required. limited to, the following: Recommended distance trees may be planted from sidewalks The Mayor shall have no vote upon any and curb lines: recommended distances for question except in the case of a tie vote. All planting of trees with regard to any street ordinances adopted and resolutions adepted corner or fire hydrant; recommendations authorizing an-the expenditure of money or the concerning the planting, pruning and main entering into a contract require the approval and taining of trees and shrubs necessary signature ef-by the Mayor before they can become valid. (Prior code Â§4.8; Ord. 15-97, 1997) 2-4 Ilâ€¢-IE Administration and Personnel Section 2.16.010 Chapter 2.16 Chapter 2.20 Mayor Pro Tem Mayor and Trustees Compensation 2.16.010 Mayor Pro Tem. 2.20.010 Compensation of Mayor and the At its first regular meeting following the Board ofTrustees. certification of the results of each biennial election, the Board of Trustees shall choose one (1) of the Trustees as Mayor Pro Tem who, in The Mayor shall receive as full compensation the absence of the Mayor from any meeting of for his or her services the sum of six thousand the Board of Trustees, or during the Mayor's dollars ($6.000.00) per year during each year of absence from the Town or his or her inability to his or her term, payable in equal monthly pay- act, shall perform his or her duties. (Prior code ments. The Mayor Pro-Tem shall receive as full Â§4.2; Ord. 15-97,1997) compensation for his or her services the sum of five thousand dollars ($5,000.00) per year dur- ing each year of his or her term, payable in equal monthly payments. Each member of the Board of Trustees shall receive as full compensation for his or her services the sum of four thousand dollars ($4,000.00) per year during each year of , his or her term, payable in equal monthly pay- ments. (Ord. 7-74 Â§1,1974; Ord. 9-80 41, 1980; Ord. 8-86 41,1986; Ord. 15-97,1997: Ord. 3-00 41,2000; Ord. 3-08 41,2008) Chapter 2.2{4 Town â‚¬leA,Officers 2.20*010 Tewn-â‚¬1109 appeintmen#Appointment. The Board of Trustees, at At its first regular meeting following certification of the results of dep-each biennial election, the Board of Trustees shall appoint a qualified person as Town Clerk, Town Treasurer, Town Attorney, Municipal Judge, and Assistant Municipal Judge, and any other officers the Board of Trustees deems necessary for the good governance ofthe Town. In case of a vacancy in the office of,Clerk, the Board of Trustees shall appoint o Clerk for the unexpired term. (Prior code Â§3.2; Ord. 15 97, 1997) 2-5 Administration and Personnel Section 2.16.010 2.2(4030020 Duty-te-keep the State and the rules and procedures reeerdsOfficers' Duties. Dromengrated by the Supreme Court of the State. The Officers shall have the following duites: (1) ..Town Clerk. The Town Clerk shall attend meetings of the Board of Trustees and make a true and accurate record of all the proceedings, rules and ordinances made and passed by the Board of Trustees. He or she shall be the custodian of all of the Town's records. The Town Clerk shall perform such other duties as the Board of Trustees may prescribe. trfieF code Â§3.2 2: Ord. 6 90 Â§5, 1990; Ord. 15 97, 4999 . (2) Town Treasurer. The Treasurer shall receive all inoneys belonging to the Town and give receipts therefor, keep the Town's books and accounts in such manner as may be prescribed by the Board of Trustees, keep a separate account of each fund or, appropriation and the debts and credits belonging thereto and sign and pay all warrants and bills approved by the Board of Trustees. All books and accounts f of the Treasurer shall always be subiect to inspection of- any member of the Board of Trustees. The Treasurer shall perform all other duties, keep all records and make all reports that are required by other provisions of this Code or by the laws of the State. (3) Town Attornev. It shall be the duty of the Town Attorney to attend meetings of the Board of Trustees as directed by the Mayor or the Board of Trustees, to draw all ordinances, contracts and other instruments when requested to do so, to prosecute or defend all suits brought by or against the Town. and to render such legal service to the Board of Trustees and other Town officers as'they may require. (4) Municipal Judge. Assistant Municipal Judge. and Clerk of the Municipal Court. The Municipal Judge, Assistant Municipal Judge and Clerk of the Municipal Court shall have all the powers, authority, duties, and shall follow procedures as provided therefore by the laws of 2-5 Administration and Personnel Section 2.16.010 2.201.050030--Other or appropriation and the debts and credits duties.Compensation. belonging thereto and sign and pay all warrants and bills approved by the Board of Trustees. All The Town Clerk, Town Treasurer, and any books and accounts of the Treasurer shall always other officers who are employees of the Town be subject to inspection of any member of the shall be compensated pursuant to the Town's Board ofTrustees. (Prior code Â§3.3 2: Ord. 6 90 Employment Compensation Schedule. The Â§7, 1990; Ord. 15 97, 1997) Town Attorney shall be compensated in accordance with a Fee Schedule approved by the Board of Trustees. The compensation of the Municipal Judge, Assistant Municipal Judge, and Clerk of the Municipal Court shall be set by ordinance annually.The Town Clerk shall perform such other duties as the Board of bustees=may-presefiber (Prior code Â§3.2 4) 2.20.060 Deputy Town Clerk; duties. The Board of Trustees may appoint a quali fied person to serve as Deputy Town Clerk. In the event that the Town Clerk is unable to per form the duties of the Town Clerk, the Deputy Town Clerk shall perform the duties of the Town Clerk except for the signing of warrants. (Ord. 12 90 Â§1,1990) â‚¬:hapteAÂ·:24 Town Treasul:eF 2.24.010 Town Treasurer; appointment. The Board of Trustees, at its first regular meeting after each biennial election, shall appoint a qualified person as Town Treasurer. In case of a vacancy in the office of Treasurer, the Board of Trustees shall appoint a Treasurer for the unexpired term. (Prior code Â§3.3; Ord. 15 97,1997) 2.24.030 Duty to keep records and render aeeounth The Treasurer shall receive all moneys belonging to the Town and give receipts there for, keep his or her books and accounts in such manner as may be prescribed by the Board of Trustees, keep a separate account of each fund 2-5 Administration and Personnel Section 2.24.040 /4.040---Othe,p~h~ties~ _Chapter 2.32 The Treasurer shall perform all other duties, Gthep-Offieefs keep all records and make all reports that are required by other provisions of this Code or by 2.32.010 Other officers. the laws of the State. (Prior code Â§3.3 3) The Board ofTrustees, at its first regular meeting after each biennial election, shall appoint qualified persons to serve as the Chief of Police, Municipal Judge and Assistant Munici lowit--Atterney pal Judge, which officers shall have the powers and duties and perform the functions as provided 2.28.010 Town Attorney; appointment. or shall be provided by the Board of Trustees. (Prior code Â§3.5; Ord. 29 72 Â§1,1972; Ord. 7 86 The Board of Trustees, at its first regular Â§2,1986; Ord. 5 88 Â§1,1988; Ord. 26 88 Â§2, meeting after each biennial election, shall 1988; Ord. 6 90 Â§8,1990) appoint a qualified attorney at law as the Town Attorney. In case of a vacancy in the office of Ghaptep-2-:44 Town Attorney, the Board of Trustees shall appoint a Town Attorney for the unexpired term. Fife<Depaftment The Board of Trustees may also appoint such Assistant Town Attorneys as it deems necessary. 2.41.010 Fire Chief; appointment. (Prior code Â§3.1; Ord. 31 72 41, 1972: Ord. 15 The Board of Trustees, at the first meeting following each biennial election, shall appoint a 2.2~20-1Duties~ Fire Chief and two (2) Assistant Fire Chiefs. The Fire Chief shall have the general supervi It shall be the duty of the Town Attorney to sion and control of the Fire Department and its attend meetings of the Board of Trustees as facilities and equipment, and perform the duties directed by the Mayor or the Board of Trustees, as Sct forth in the Town ordinances, subject to to draw all ordinances, contracts and other the approval of the Board of Trustees. An instruments when requested to do so, to prose :issistant Fire Chief shall act for, and have the , cute or defend all suits brought by or against the authority of, the Fire Chief in his or her absence. Town, and to render such legal service to the (Prior code Â§5.1; Ord. 25 72 Â§1,1972; Ord. 7 86 Board of Trustees and other Town officers as Â§1,1986; Ord. 15 97,1997) they may require. (Prior code Â§3.1 1; Ord. 31 72 Â§2,1972; Ord. 15 97,1997) 2.11.020 Volunteer fire department. The Town shall have a volunteer fire depart ment, and the Board of Trustees shall furnish the funds for providing housing, and for maintaining and operating such fire fighting equipment as it deems necessary. (Prior code Â§5.2; Ord. 15 97, 4999 2-6 Administration and Personnel Section 2.52.040 â‚¬hapter-2-*48 2.36.020 Functions and duties. Ve"ee-Depa,tment The functions and duties of the Town Ad- ministrator shall be as follows: 2.48.020 Chief o f Police; appointment. (1) To be responsible to the Board of At its first regular meeting following each Trustees for the efficient administration of all biennial election. the Board of Trustees shall departments of the Town government: appoint a Chief of Police who shall be the head of the Police Department. (Prior code Â§5.1; Ord. (21 To supervise the enforcement of all 4-5-99:-4-999 laws and ordinances; 148.(NO Oath- Before entering upon the duties of his or her office, each police officer shall take and sub scribe an oath that he or she will support the Constitution and laws of the State, and Town ordinances, and that he or she will faithfully per form the duties of the office upon which he or she is about to enter. (Prior code Â§5.6; Ord. 15 97.-4-999 2.48.070 Fund established: The Policemen's Pension Fund is that fund established by Part 3 of Article 30 of Title 31, C.R.S. 1973, as amended. (Prior code Â§5.10 1; Ord. 358 Â§1(part); Ord. 33 78 Â§1,1978; Ord. 15 Chapter 2.28 Town Administrator 2.28.010 Town Administrator; appointment. At its first regular following the certification of the results of each biennial election, the Board of Trustees shall appoint a qualified person as Town Administrator. In case of a vacancy in the office of Town Administrator. the Board of Trustees shall appoint a Town Administrator for the unexpired term (Ord. 21-75 41(part), 1975; Ord. 15-97, 1997) 2-8 Supp. 18 Administration and Personnel Section 2.48.020 (31 To recommend an Â·annual budget to by the laws of the State and the rules of the Board, to administer the budget as finally procedure promulgated by the Supreme Court of adopted and to keep the Board of Trustees the State. (Prior code Â§9.1; Ord. 1 70 Â§1(part), fully advised at all times of the financial 4970) condition of the Town; 2.52.020 Compensation of Municipal (41. To recommend to the Board of Judger, Trustees for adoption such measures' as he or she may ddem necessary; and The Municipal Judge shall receive as com pensation for his or her services an annual salary (5) To perform such other duties as may of twenty thousand six hundred sixty one dollars be prescribed by ordinance or by direction of and ninety cents ($20,661.90); provided that any the Board of Trustees. .(Ord. 21-75 61(part), Municipal Judge who serves for only a part of 1975; Ord. 15-97,1997) the year shall receive for his or her compen sation only a pro ram portion of the foregoing (6) The Town Administrator shall annual salary based upon the number of dayb he propose an administrative organization plan or she actually serves as Municipal Judge. The of the Town which shall be presented to the Assistant Municipal Judge shall receive as com Board of Trustees for approval. When the pensation for his or her services one hundred plan is approved by the Board. it shall fifty dollars ($150.00) per court session become the administrative organization plan attended. (Prior code Â§9.2; Ord. 1 70 Â§1(part), of the Town, and all Town administrative 1970; Ord. 2 78 Â§1, 1978; Ord. 7 80 Â§1, 1980; procedures and functions shall be carried on Ord. 3 85 Â§1, 1985; Ord. 25 86 Â§1, 1986; Ord. in accordance with such plan. 32 87 Â§1,1987; Ord. 21 88 Â§1,1988; Ord. 15 89 Â§1, 1989; Ord. 15 90 Â§1, 1990; Ord. 12 92 Â§1, 1992; Ord. 12 91 Â§1; 1991; Ord. 1 98 Â§1, 1998; Ord. 15 99 Â§1,1999; Ord. 19 01 Â§1,2001; Ord. 20 03 Â§1, 2003; Ord. 15.05, Â§1 2005; Ord. Chapter 2.5222 27 07 Â§1, 2007) Municipal Court 2.52.030 Clerk ofMunicipal Court. 2.5232.010 Municipal Court-create,4 There is established the position of Clerk of jurisdiction; powers; authority; the Municipal Court. The Municipal Judge or duties:-PFeeeduFe. judges shall serve as ex officio clerk during the temporary absence, sickness, disqualification or There is created a Municipal Court to hear other inability of the Clerk to act. (Prior code and try all alleged violations of the Town ordi- Â§9.3; Ord. 1 70 Â§ 1(part), 1970; Ord. 15 97, nance provisionsw which Court, and the Muni 1997) cipal Judge or judges and other officers, shall have all of the powers, authority, duties and 2.52.010 Compensation, of Clerk of the shall follow the procedure as provided therefor Munieipal-Â·Geuf The Clerk of the Municipal Court shall receive as compensation for his or her services 2-7 Supp. 17 Administration and Personnel Section 2.52.040 as Clerk of the Municipal Court an annual Chapter 2.6036 salary of ten thousand six hundred eighty four dollars and eighty cents ($10,681.80); provided Social Security Coverage that any Clerk of the Municipal Court who serves only a part of a year shall receive 2.6036.010 Social Security coverage. compensation for only that portion of the year he or she actually serves as Clerk of the Municipal The Board of Trustees has adopted an ordi- Court. (Prior code Â§9.1: Ord. 1 70 Â§1(part), nance extending the benefits of Old Age and 1970; Ord. 11 81 Â§1, 1984; Ord. 1 86 Â§1, 1986; Survivors' Insurance to its officers and employ- Ord. 25 86 Â§2, 1986; Ord. 32 87 Â§2,1987; Ord. ees. The proper officers of the Town are author- 21 88 Â§2, 1988; Ord. 15 89 Â§2, 1989; Ord. 15 ized to continue making payroll deductions from 90 Â§2, 1990; Ord. 12 92 Â§2, 1992; Ord. 12 91 salaries and to make the required payment by the Â§2, 1991; Ord. 1 97 Â§1, 1997; Ord. 22 98 Â§1, Town and to do all other things necessary to 1998: Ord. 11 00 Â§1,2000; Ord. 19 01 Â§1,2001; continue the coverage of the officers and Ord. 20 03 Â§1,2003; Ord. 15 05 Â§1,2005; Ord. employees of the Town in the Old Age and 27 07 Â§1,2007) Survivors' Insurance System. (Prior code Â§3.7) â‚¬hapteF-156 â‚¬haptel:-168 SalafieS ~ew*Administratef 2.56~0--SalaFieS~ 2.68.010 Town Administrator; appointment. The Board of Trustees shall fix the salaries or The Board of Trustees, at its first regular wages of all officers and employees of the meeting after each biennial election, shall Town. (Prior code Â§3.6) appoint a qualified person as Town Adminis trator. In case of a vacancy in the office of 2.56.020 Compensation of 14ayor and the Town Administrator, the Board of Trustees shall Boa,:44*,stees: appoint a Town Administrator for the unexpired term. (Ord. 21 75 Â§1(part), 1975; Ord. 15 97, The Mayor shall receive as full compensationÂ· 4-999 for his or her services the sum of six thousand dollars ($6,000.00) per year during each year of 2.68.030 Functions and duties. his or her term, payable in equal monthly pay ments. The Mayor Pro Tem shall receive as full The functions and duties of the Town Ad compensation for his or her services the sum of ministrator shall be as follows: five thousand dollars ($5,000.00) per year dur ing each year of his or her term, payable in equal (1) To be responsible to the Board of monthly payments. Each member of the Board Trustees for the efficient administration of all of Trustees shall receive as full compensation departments o f the Town government. for his or her services the sum of four thousand dollars (:El,000.00) per year during each year of (2) To supervise the enforcement of all his or her term, payable in equal monthly pay In--VI-/--CITITI-t71-~TTitailt~T ments. (Ord. 7 74 Â§1,1971; Ord. 9 80 Â§1,1980; Ord. 8 86 Â§1,1986. Ord. 15 97,1997; Ord. 3 00 Â§ 1,2000; Ord. 3 08 Â§ 1,2008) 2-8 Supp. 18 Administration and Personnel Section 2.68.030 (3) To recommend an annual budget to 2.80.020 Definitions. the Board, to administer the budget as finally adopted and to keep the Board of Trustees Unless othenvise required by contract or use, fully advised at all times of the financial words and terms arc to be defined for the condition of the Town; , purpose of this Chapter as follows: (1) To recommend to the Board of (1) Finance Officer means the Town's Trustees for adoption such measures as he or Finance Officer or designee. she may deem necessary; and (2) Owner means the person or entity, (5) To perform such other duties as may including a firm, corporation, partnership, be prescribed by ordinance or by direction of association, goi'ernmental entity other than th; the Board of Trustees. (Ord. 21 75 Â§1(pdrt), Town. or the duly authorized legal repre 1975; Ord. 15 97, 1{)97) sentative or successor in interest of the same, which owns unclaimed property held by the 2.68.040 Administrative organizatiom. TewnT The Town Administrator shall propose an (3) Unclaimed property means any tan administrative organization plan of the Town gible or intangible property, including any which shall be presented to the Board of Trus income or increment derived therefrom, less any tees for approval. When the plan is approved by lawful charges, that is held by or under the the Board, it shall become the Administrative control of the Town and which has not been organization plan of the Town, and all Town claimed by its owner for a period of more than administrative procedures and functions shall be one (1) year after said property has become carried on in accordance with such plan. (OFâ‚¬k payable or distributable. Unclaimed property 21 75 Â§1(part), 1975) includes but is not limitckl to the following: a. Deposits for electric service; GhapteF-2,80 b. Overpayment on utility services; Unclaimed-PFepeAT c. Uncashed payroll checks; 2-:Â·80:644-lieppeser d. Money or property from police seizure; The purpose of this Chapter is to prpride for e. L6st and found money or property ~the local administration and disposition of deposited with the Town. including weapons left unclaimed property which is in the possession of with the Police Department; and or under the control of the Town. (Ord. 1 92 Â§ 1, 4.992) 2-9 Supp. 17 Administration and Personnel Section 2.80.020 f. Unclaimed appearance bonds in (60) days of the date of thb publication of the Municipal Court. (Ord. 1 92 Â§2, 1992; Ord. 15 notice, the property shall become the sole prop erty of the Town and any claim of the owner to such property shall be deemed forfeited. 2.80.030 Procedure for disposition of pfepeFtyÂ·:- (c) If the Finance Officer receives no written claim within the above sixty day claim (a) Prior to disposition of any unclaimed period, the property shall become the sole prop property having an estimated value of fifty dol crty of the Town and any claim of the owner to lars ($50.00) or more, the Finance Officer shall such property shall be deemed forfeited. send a written notice by certified mail, return receipt requested, to the last known address. if (d) If the Finance Officer receives a written any, of any owner of unclaimed property. The claim ,., ithin the sixty day claim period, the last known address of the owner shall be the last Finance Officer shall evaluate the claim and give address of the owner as shown by the records of written notice to the claimant within ninety (90) the Town department or agency holding the days that the claim has been accepted or denied property. The notice shall include a description in whole or in part. The Finance Officer may of the property, the amount or estimated value of investigate the validity of a claim and may the property, and, when available. the purpose request further supporting documentation from for which the property was deposited or other the claimant prior to disbursing or refusing to wise held. The notice shall state where the disbefieÂ·theÂ·ppepeftyÂ· owner may make inquiry of or claim the prop erty. The notice shall also state that if the owner (e) In the event that there is more than one fails to provide the Finance Officer with a (1) claimant for the same property, the Finance written claim for the return of the property Officer may, in the Finance Officer's sole dis within sixty (60) days of the date of the notice, cretion, resolve said claims, or may resolve such the property shall become the sole property of claims by depositing the disputed property with the Town and any claim of the owner to such the registry of the district court in an inter property shall be deemed forfeited. pleadep-netienÂ·r (b) Prior to disposition of any unclaimed (f) In the event that all claims filed are property having an estimated value of less than denied, the property shall become the sole prop fifty dollars ($50.00) or having no last known erty of the Town and any claim of the owner of address of the owner, the Finance Officer shall such property shall be deemed forfeited. cause a notice to be published in a newspaper of general circulation in the Town. The notice (g) Any legal action filed challenging a shall include a description of the property, the decision of the Finance Officer shall be filed owner of the property, the amount or estimated pursuant to Rule 106 of the Colorado Rules of value of the property and, when available, the Civil Procedure within thirty (30) days of such purpose for which the property was deposited or decision or shall be forever barred. If any legal otherwise held. The notice shall state where the action is timely filed. the property shall be dis owner may make inquiry or claim the property. bursed by the Finance Officer pursuant to the The notice shall also state that if the owner fails order of the court having jurisdiction over such to provide the Finance Officer with a written claim. (Ord. 1 92 Â§3, 1992) claim for the return of the property within sixty 2-10 Supp. 17 Administration and Personnel Section 2.80.040 2.80.010 Police and fire pension benctiis. The provisions of this Chapter shall apply to 2.40.010 Designation. any unclaimed property held by the Town as a benefit under the Town's Police and/or Fire Pen The Fire Chief of the Estes Valley Fire sion Fund, unless the owner, within three (3) Protection District is hereby designated as the years after it has become payable or distribu Fire Chief for all duties and responsibilities of a table, has communicated concerning the fire chief set forth in the Municipal Code. unclaimed property, or otherwise indicate an interest as evidenced by a memorandum or other record bn file with the Town. The provisions of Section 2.80.030 shall be followed with regard to the procedure for disposition of said unclaimed property from the Police and/or Fire Pension Fund of the Town. (Ord. 1 92 Â§1, 4992) 2.80.050 Sale or disposition ofproperty. (a) At any time after any unclaimed prop elly becomes the sole property of the Town pursuant to the provisions of Sectien 2.80.030 of this Chapter, the Finance Officer may, in his or her sole discretion, sell said property at a public or private sale without notice. The purchaser of said property, at any sale conducted by the Finance Officer pursuant to this Section, takes the property free of all claims of the owner or previous holder and all persons claiming through or under him or her. The Finance Officer shall execute all documents necessary to complete the transfer of ownership to the purchaser. (b) The Finance Officer may, in his or her sole discretion, at any time following the date upon which any unclaimed property shall become the sole property of the Town, destroy or dispose of any unclaimed property at any time. No action or proceeding may be obtained against the Town or the Finance Officer, on account of any action taken by the Finance Officer pursuant to this Section. (Ord. 1 92 Â§5, 1992; Ord. 15 97, 1997) Chapter 2.40 Fire Chief 2-11 Supp. 17 J . Â£Â£4/SEO 8/elic Title 2 Administration and Personnel Chapter 2.04 Board of Trustees 2.04.010 Four-year terms for Trustees 2.04.020 Write-in candidate affidavit 2.04.030 Cancellation of elections 2.04.040 Meeting 2.04.050 Quorum 2.04.060 Action by Board Chapter 2.08 Standing Committees 2.08.010 Committees 2.08.020 Special committees Chapter 2.12 Mayor 2.12.010 Four-year term for Mayor 2.12.020 Duty to sign warrants or other instruments; facsimile signature 2.12.030 Vote required Chapter 2.16 Mayor Pro Tem 2.16.010 Mayor Pro Tem Chapter 2.20 Mayor and Trustees Compensation 2.20.010 Compensation ofMayor and the Board ofTrustees Chapter 2.24 Town Officers 2.24.010 Appointment 2.24.020 Officers' Duties 2.24.030 Compensation Chapter 2.28 Town Administrator 2.28.010 Town Administrator; appointment 2.28.020 Functions and duties Chapter 2.32 Municipal Court 2.32.010 Municipal Court Chapter 2.36 Social Security Coverage 2.36.010 Social Security coverage Chapter 2.40 Fire Chief 2.40.010 Designation 2-2 Supp. 17 Administration and Personnel ~ Section 2.52.040 Chapter 2.04 called by the Mayor or, in his or her absence, by the Town Clerk, by written notice of such Board of Trustees meeting, to each member of the Board of Tms- tees. (Prior code Â§4.1; Ord. 27-74 Â§1, 1974; 2.04.010 Four-year terms for Trustees. Ord. 6-90 Â§3, 1990; Ord. 15-97, 1997; Ord. 8-03 Â§1, 2003) At each regular election three (3) Trustees shall be elected to serve four-year terms. (Prior 2.04.050 Quorum. code Â§3.1-1; Ord. 6-72 Â§1(part), 1972; Ord. 15- 97, 1997) Four (4) members of the Board of Trustees shall be a quorum for the transaction ofbusihess. 2.04.020 Write-in candidate affidavit. No business shall be transacted except when a quorum is present, but a smaller number may ~ In any special or regular election of any adjourn the meeting to another time. (Prior code member to the Board of Trustees, no write-in Â§4.3) vote for any person shall be counted unless an affidavit of intent has been filed with the Town 2.04.060 Action by Board. Clerk at least twenty (20) days prior to the date of the election, by the person whose name is All ordinances and all resolutions for the written in indicating that such person desires the appropriation of money or the entering into of office and is qualified to assume the duties of contracts shall require for their passage the that office, if elected. (Ord. 20-91@1, 1991) concurrence of a majority of the Board of Trus- tees. All other actions of the Board of Trustees 2.04.030 Cancellation of elections. upon which a vote is taken shall require the concurrence of a majority of those present. In any special or regular election for a mem- (Ord. 15-97,1997) ber or members to the Board of Trustees, if the only matter before the voters is the election of persons to office and if, at the close of business Chapter 2.08 on the nineteenth day before the election there are not more candidates than offices to be filled Committees at such election, including candidates filing affi- davits of intent, the Town Clerk, if instructed by 2.08.010 Committees. | resolution of the Board of Trustees_shall cancel the election and the candidates shall be deemed At the first regular meeting following the elected. (Ord. 20-91 Â§2, 1991; Ord. 15-97, certification of the results of each biennial 1997) election, the Mayor shall appoint three (3) Trustees to the following standing committees: 2.04.040 Meetings. community development, public safety, public works, and utilities. (Ord. 26-88 Â§1(part), 1988; The regular meetings of the Board of Trus- Ord. 7-03 Â§1,2003) tees shall be held at the Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on 2.08.020 Special committees. the second and fourth Tuesday of each and every month at 7:00 p.m. Special meetings may be Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to 2-8 Supp. 18 Administration and Personnel Section 2.52.040 the approval of the Board of Trustees. (Ord. 26- act, shall perform his or her duties. (Prior code 88 Â§1(part), 1988) Â§4.2; Ord. 15-97, 1997) Chapter 2.12 Chapter 2.20 Mayor Mayor and Trustees Compensation 2.12.010 Four-year term for Mayor. 2.20.010 Compensation ofMayor and the A Mayor shall be elected to serve a four-year Board of Trustees. terml (Prior code Â§3.1-2; Ord. 6-72 Â§1(part), 1972; Ord. 15-97, 1997) The Mayor shall receive as full compensation 2.12.020 Duty to sign warrants or other for his or her services the sum of six thousand instruments; facsimile signature. dollars ($6,000.00) per year during each year of his or her term, payable in equal monthly pay- All warrants or other instruments of payment ments. The Mayor Pro-Tem shall receive as full drawn upon the Town shall be signed by the compensation for his or her services the sum of Mayor. The Mayor may execute, or cause to be five thousand dollars ($5,000.00) per year dur- executed, all such warrants or other instruments ing each year of his or her term, payable in equal of payment with a facsimile signature in lieu of monthly payments. Each member of the Board his or her manual signature upon his or her com- of Trustees shall receive as full compensation pliance with State statutes pertaining to fac- for his or her services the sum of four thousand simile signatures. (Prior code Â§3.1-5; Ord. 14- dollars ($4,000.00) per year during each year of 72 Â§1,1972; Ord. 15-97,1997) his or her term, payable in equal monthly pay- ments. (Ord. 7-74 Â§1, 1974; Ord. 9-80 Â§1, 1980; 2.12.030 Vote required. Ord. 8-86 Â§1,1986; Ord. 15-97,1997; Ord. 3-00 Â§1,2000; Ord. 3-08 Â§1,2008) The Mayor shall have no vote upon any question except in the case of a tie vote. All ordinance adopted and resolutions authorizing Chapter 2.24 the expenditure of money or the entering into a contract require the approval and signature by Town Officers the Mayor before they can become valid. (Prior code Â§4.8; Ord. 15-97, 1997)Chapter 2.16 2.24.010 Appointment. Mayor Pro Tem At its first regular meeting following certification of the results of each biennial 2.16.010 Mayor Pro Tem. election, the Board of Trustees shall appoint a qualified person as Town Clerk, Town At its first regular meeting following the Treasurer, Town Attorney, Municipal Judge, and certification of the results of each biennial Assistant Municipal Judge, and any other election, the Board of Trustees shall choose one officers the Board of Trustees deems necessary (1) of the Trustees as Mayor Pro Tem who, in for the good governance of the Town. the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's 2.24.020 Officers' Duties. absence from the Town or his or her inability to The Officers shall have the following duties: 2-9 Supp. 18 Administration and Personnel Section 2.52.040 (1) Town Clerk. The Town Clerk shall ppemengpated-adopted by the Supreme Court of attend meetings of the Board of Trustees and the State. make a true and accurate record of all the proceedings, rules and ordinances made and 2.24.030 Compensation. passed by the Board of Trustees. He or she shall be the custodian of all of the Town's records. The Town Clerk, Town Treasurer, and any The Town Clerk shall perform such other duties other officers who are employees of the Town as the Board of Trustees may prescribe. The shall be compensated pursuant to the Town's Town Clerk is supervised bv the Town Employment Compensation Schedule. The Administrator and subiect to the personnel Town Attorney shall be compensated in policies of the Town. accordance with a Fee Schedule approved by the Board of Trustees. The compensation of the (2) Town Treasurer. The Treasurer shall Municipal Judge, Assistant Municipal Judge, receive all moneys belonging to the Town and and Clerk of the Municipal Court shall be set by | give receipts thereforg, keep the Town's books ordinance annually. and accounts in such' manner as may be prescribed by the Board of Trustees, keep a separate account of each fund or appropriation and the debts and credits belonging thereto and Chapter 2.28 sign and pay all warrants and bills approved by the Board of,Trustees. All books and accounts Town Administrator of the Treasurer, shall.always be subject to inspection of any member of the Board of 2.28.010 Town Administrator; appointment. Trustees. The Treasurer shall perform all other duties, keep all records and make all reports that At its first regular 16llowing the certification are required by other provisions of this Code or of the results of each biennial election, the Board by the laws of the State. The Treasurer is of Trustees shall appoint a qualified person as supervised by the Town Administrator and Town Administrator. In case of a vacancy in the subiect to the personnel policies of the Town. ~ office of Town Administrator, the Board of Trustees shall appoint a Town Administrator for (3) Town Attorney. It shall be the duty of the unexpired term. (Ord. 21-75 Â§1(part), 1975; the Town Attorney to attend meetings of the Ord. 15-97, 1997) Board of Trustees as directed by the Mayor or the Board of Trustees, to draw all ordinances, 2.36.020 Functions and duties. contracts and other instruments when requested to do so, to prosecute or defend allsuits brought The functions and duties of the Town Ad- by or against the Town, and to render such legal ministrator shall be as follows: service to the Board of Trustees *and other Town (1) To be responsible to the Board of officers as they may require. Trustees for the efficient administration of all departments of the Town government; (4) Municipal Judge, Assistant Municipal Judge, and Clerk of the Municipal Court. (2) To supervise the enforcement of all The Municipal Judge, Assistant Municipal Judge laws and ordinances; and Clerk of the Municipal Court shall have all the powers, authority, duties, and shall follow procedures as provided therefore by the laws of the State and the rules and procedures 2-10 Supp. 18 (3) To recommend an annual budget to . salaries and to make the required payment by the - the Board, to administer the budget as finally Town and: to do all other things necessary to adopted and to keep the Board of Trustees continue the coverage of the officers and fully advised at all times of the financial employees of the Town in the Old Age and condition o f the Town; Survivors' Insurance System. (Prior code Â§3.7) (4) To recommend to the Board of Trustees for adoption such measures as he or she may deem necessary; and Chapter 2.40 (5) To perform such other duties as may Fire Chief be prescribed by ordinance or by direction of the Board of Trustees. (Ord. 21-75 Â§1(part), 1975; Ord. 15-97, 1997) 2.40.010 Designation. (6) The Town Administrator shall propose an administrative organization plan The Fire Chief of the Estes Valley Fire of the Town which shall be presented to the Protection District is hereby designated as the Board of Trustees for approval. When the Fire Chief for all duties and responsibilities of a plan is approved by the Board, it shall fire chief set forth in the Municipal Code. become the administrative organization plan of the Town, and all Town administrative procedures and functions shall be carried on in accordance with such plan. Chapter 2.32 Municipal Court 2.32.010 Municipal Court. There is created a Municipal Court to hear and try all alleged violations of the Town ordi- nance provisions. Chapter 2.36 Social Security Coverage 2.36.010 Social Security coverage. The Board of Trustees has adopted an ordi- nance extending the benefits of Old Age and Survivors' Insurance to its officers and employ- ees. The proper officers of the Town are author- ized to continue making payroll deductions from , ORDINANCE No. 10-10 AN ORDINANCE AMENDING AND RESTATING TITLE 2 OF THE MUNCIPAL CODE PERTAINING TO ADMINISTRATION AND PERSONNEL AND SECTION 9.02.040 PERTAINING TO FALSE REPORTING TO AUTHORITIES WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to amend and restate Title 2 of the Municipal Code to change references to outdated language in Title 2, clarify the Officers to be appointed by the Board of Trustees following each biennial election, and consolidate sections of Title 2 into a more rehdable and clear format; and , WHEREAS, Section 9.02.040 of the Municipal Code shall be amended to clarify language relating to false reporting to authorities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. . Section 1. Title 2 of the Municipal Code is hereby amended and restated in its entirety as more fully set forth oh Exhibit A attached hereto and incorporated herein by reference. ' Section 2. Section 9.02.040 (1) of the Municipal Code shall be amended to rea'd as follows: (1) He or she knowingly causes a false alarm of fire or other emergency to be transmitted to the fire department, police department, ambulance service, or any other government agency which deals with emergencies involving danger to life or property. Section 3. The Ordinance shall take effect and be in force 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 ,2010. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at the meeting of the Board of Trustees on the day of , 2010, and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of ,2010. Town Clerk EXHIBIT A Title 2 Administration and Personnel Chapter 2.04 Board of Trustees ' 2.04.010 Four-year terms for Trustees 2.04.020 Write-in candidate affidavit 2.04.030 Cancellation of elections 2.04.040 Meeting 2.04.050 Quorum 2.04.060 Action by Board Chapter 2.08 Standing Committees 2.08.010 Committees 2.08.020 Special committees Chapter 2.12 Mayor 2.12.010 Four-year term for Mayor 2.12.020 Duty to sign warrants or other instruments; thcsimile signature 2.12.030 Vote required Chapter 2.16 Mayor Pro Tem 2.16.010 Mayor Pro Tem Chapter 2.20 Mayor and Trustees Compensation 2.20.010 Compensation ofMayor and the Board ofTrustees Chapter 2.24 Town Officers 2.24.010 Appointment 2.24.020 Officers' Duties 2.24.030 Compensation Chapter 2.28 Town Administrator 2.28.010 Town Administrator; appointment 2.28.020 Functions and duties Chapter 2.32 Municipal Court 2.32.010 Municipal Court Chapter 2.36 Social Security Coverage 2.36.010 Social Security coverage Chapter 2.40 Fire Chief 2.40.010 Designation 2-2 Supp. 17 . Administration and Personnel Section 2.52.040 Chapter 2.04 called by the Mayor or, in his or her absence, by the Town Clerk, by written notice of such Board of Trustees meeting, to each member of the Board of Trus- tees. (Prior code Â§4.1; Ord. 27-74 Â§1, 1974; 2.04.010 Four-year terms for Trustees. Ord. 6-90 Â§3, 1990; Ord. 15-97, 1997; Ord. 8-03 Â§1, 2003) At each regular election three (3) Trustees shall be elected to serve four-year terms. (Prior 2.04.050 Quorum. code Â§3.1-1; Ord. 6-72 Â§1(part), 1972; Ord. 15- 97, 1997) Four (4) members of the Board of Trustees shall be a quorum for the transaction ofbusiness. 2.04.020 Write-in candidate affidavit. No business shall be transacted except when a quorum is present, but a smaller number may In any special or regular election of any adjourn the meeting to another time. (Prior code member to the Board of Trustees, no write-in Â§4.3) vote for any person shall be counted unless an affidavit of intent has been filed with the Town 2.04.060 Action by Board. Clerk at least twenty (20) days prior to the date of the election, by the person whose name is All ordinances and all resolutions for the written in indicating that such person desires the appropriation of money or the entering into of office and is qualified to assume the duties of contracts shall require for their passage the that office, if elected. (Ord. 20-9141,1991) concurrence of a majority of the Board of Trus- tees. All other actions of the Board of Trustees 2.04.030 Cancellation of elections. upon which a vote is taken shall require the concurrence of a majority of those present. In any special or regular election for a mem- (Ord. 15-97, 1997) ber or members to the Board of Trustees, if the only matter before the voters is the election of persons to office and if, at the close of business Chapter 2.08 on the nineteenth day before the election there are not more candidates than offices to be filled Committees at such election, including candidates filing affi- davits of intent, the Town Clerk, if instructed by 2.08.010 Committees. resolution of the Board of Trustees shall cancel the election and the candidates shall be deemed At the first regular meeting following the elected. (Ord. 20-91 Â§2, 1991; Ord. 15-97, certification of the results of each biennial 1997) election, the Mayor shall appoint three (3) Trustees to the following standing committees: 2.04.040 Meetings. community development, public safety, public works, and utilities. (Ord. 26-88 Â§1(part), 1988; The regular meetings of the Board of Trus- Ord. 7-03 Â§1,2003) tees shall be held at the Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on 2.08.020 Special committees. the second and fourth Tuesday of each and every month at 7:00 p.m. Special meetings may be Special committees may be established by the Board of Trustees. The Mayor shall appoint all members of any special committee subject to 2-8 Supp. 18 - Administration and Personnel Section 2.52.040 the approval of the Board of Trustees. (Ord. 26- act, shall perform his or her duties. (Prior code 88 Â§1(part), 1988) Â§4.2; Ord. 15-97, 1997) Chapter 2.12 Chapter 2.20 Mayor Mayor and Trustees Compensation 2.12.010 Four-year term for Mayor. 2.20.010 Compensation of Mayor and the A Mayor shall be elected to serve a four-year Board of Trustees. term. (Prior code Â§3.1-2; Ord. 6-72 Â§1(part), 1972; Ord. 15-97, 1997) The Mayor shall receive as full compensation 2.12.020 Duty to sign warrants or other for his or her services the sum of six thousand instruments; facsimile signature. dollars ($6,000.00) per year during each year of his or her term, payable in equal monthly pay- All warrants or other instruments of payment ments. The Mayor Pro-Tem shall receive as full drawn upon the Town shall be signed by the compensation for his or her services the sum of Mayor. The Mayor niay execute, or cause to be five thousand dollars ($5,000.00) per year dur- executed, all such warrants or other instruments ing each year of his or her term, payable in equal of payment with a facsimile signafure in lieu of monthly payments. Each member of the Board his or her manual signature upon his or her com- of Trustees shall receive as' full compensation pliance with State statutes pertaining to fae- for his or her services the sum. of four thousand simile signatures. (Prior code Â§3.1-5; Ord. 14- dollars ($4,000.00) per year during each year of 72 Â§1,1972; Ord. 15-97, 1997) his or her term, payable in equal monthly pay- ments. (Ord. 7-74 Â§1, 1974; Ord. 9-80 Â§1, 1980; 2.12.030 Vote required. Ord. 8-86 Â§1,1986; Ord. 15-97,1997; Ord. 3-00 Â§1,2000; Ord. 3-08 Â§1,2008) The Mayor shall have no vote upon any question except in the case of a tie vote. All ordinance adopted and resolutions authorizing Chapter 2.24 the expenditure of money or the entering into a contract require the approval and signature by Town Officers the Mayor before they can become valid. (Prior code Â§4.8; Ord. 15-97, 1997)Chapter 2.16 2.24.010 Appointment. Mayor Pro Tem At its first regular meeting following certification of the results of each biennial 2.16.010 Mayor Pro Tem. election, the Board of Trustees shall appoint a , qualified persgp as Town Clerk, Town At its first regular meeting following the Treasurer, Town Attorney, Municipal Judge, and certification of the results of each biennial Assistant Municipal Judge, and any other election, the Board of Trustees shall choose one officers the Board of Trustees deems necessary (1) of the Trustees as Mayor Pro Tem who, in for the good Â®vernance of the Town. the absence of the Mayor from any meeting of the Board of Trustees, or during the Mayor's 2.24.020 Officers' Duties. absence from the Town or his or her inability to The Officers shall have the following duties: 2-9 Supp. 18 . Administration and Personnel Section 2.52.040 (1) Town Clerk. The Town Clerk shall 2.24.030 Compensation. attend meetings of the Board of Trustees and make a true and accurate record of all the The Town Clerk, Town Treasurer, and any proceedings, rules and ordinances made and other officers who are employees of the Town passed by the Board of Trustees. He or she shall shall be compensated pursuant to the Town's be the custodian of all of the Town's records. Employment Compensation Schedule. The The Town Clerk shall perform such other duties Town Attorney shall be compensated in as the Board of Trustees may prescribe. The accordance with a Fee Schedule approved by the Town Clerk is supervised by the Town Board of Trustees. The compensation of the Administrator and subject to the personnel Municipal Judge, Assistant Municipal Judge, policies of the Town. and Clerk of the Municipal Court shall be set by ordinance annually. (2) Town Treasurer. The Treasurer shall receive all moneys belonging to the Town and give receipts therefore, keep the Town's books and accounts in such manner as may be Chapter 2.28 prescribed by the Board of Trustees, keep a separate account of each fund or appropriation Town Administrator and the debts and credits belonging thereto and sign and pay all warrants and bills approved by 2.28.010 Town Administrator; appointment. the Board of Trustees. All books and accounts of the Treasurer shall always be subject to At its first regular following the certification inspection of any member of the Board of of the results of each biennial election, the Board Trustees. The Treasurer shall perform all other of Trustees shall appoint a qualified person as duties, keep all records and make all reports that Town Administrator. In case of a vacancy in the are required by other provisions of this Code or office of Town Administrator, the Board of by the laws of the State. The Treasurer is Trustees shall appoint a Town Administrator for supervised by the Town Administrator and the unexpired term. (Ord. 21-75 Â§1(part), 1975; subject to the personnel policies of the Town. Ord. 15-97, 1997) (3) Town Attorney. It shall be the duty of 2.36.020 Functions and duties. the Town Attorney to attend meetings of the Board of Trustees as directed by the Mayor or The functions and duties of the Town Ad- the Board of Trustees, to draw all ordinances, ministrator shall be as follows: contracts and other instruments when requested (1) To be responsible to the Board of to do so, to prosecute or defend all suits brought Trustees for the efficient administration o f all by or against the Town, and to render such legal service to the Board of Trustees and other Town departments of the Town government; officers as they may require. (2) To supervise the enforcement of all laws and ordinances; (4) Municipal Judge, Assistant Municipal Judge, and Clerk of the Municipal Court. The Municipal Judge, Assistant Municipal Judge and Clerk of the Municipal Court shall have all the powers, authority, duties, and shall follow procedures as provided therefore by the laws of the State and the rules and procedures adopted by the Supreme Court of the State. 2-10 Supp. 18 . (3) To recommend an, annual budget to salaries and to make the required payment by the the Board, to administer the budget as finally Town and to do all other things necessary to adopted and to keep the Board of Trustees continue the coverage of the officers and fully advised at all times.of the financial employees of the Town in the Old Age and condition of the Town; Sukvivors' Insurance System. (Prior code Â§3.7) (4) To recommend to the Board of Trustees for adoption such measures as he or she may deem necessary; and Chapter 2.40 (5) To perform such other duties as may Fire Chief be prescribed by ordinance or by direction of the Board of Trustees. (Ord. 21-75 Â§1(part), 1975; Ord. 15-97,1997) 2.40.010 Designation. (6) The Town Administrator shall propose an administrative organization plan The Fire Chief of the Estes Valley Fire of the Town which shall be presented to the Protection District is hereby designated as the Board of Trustees for approval. When the Fire Chief for all duties and responsibilities of a plan is approved by the -Board, it shall fire chief set forth in the Municipal Code. become the administrative organization plan of the Town, and all Town administrative procedures and functions shall be carried on in accordance with such plan. , Chapter 2.32 Municipal Court 2.32.010 Municipal Court. There is created a Municipal Court to hear and try all alleged violations of the Town ordi- nance provisions. Chapter 2.36 Social Security Coverage 2.36.010 Social Securily coverage. The Board of Trustees has adopted an ordi- nance extending the benefits of Old Age and Survivors' Insurance to its officers and employ- ees. The proper officers of the Town are author- 1 ized to continue making ~payroll deductions from I .r