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Home My WebLink AboutPACKET Town Board Special Meeting 2010-03-30Prepared 3/24/10 * 6.2 Revised 3/26/10 TOWN or ESTES PARIÂ© 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. SPECIAL MEETING BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, March 30, 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 - 24TH . Mayor Pinkham. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS. 1. 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. 2. 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. 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. 3. 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. FEE WAIVER FOR PARK THEATER MALL BUSINESSES. Administrator Halburnt. 3. 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. * 4. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(b) C.R.S. & 24-6-402(4)(e) C.R.S - Determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators and for the purpose of a conference with Town Attorney White to receive legal advice regarding potential litigation. Motion: I move the Town Board go into Executive Session- For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.R.S. Section 24-6-402(4)(E) and for the purpose of a conference with Town Attorney White to receive legal advice regarding potential litigation C. R. S. Section 24-6-4-2(4)(b). 5. 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: Friday, March 26, 2010 12:39 PM TO: Jackie Williamson Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2533 ST. TIME 03/26 11:30 PGS. 2 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 , Cynthia Deats From: Admin iR3045 Sent: Thursday, March 25, 2010 8:23 AM TO: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 2529 ST. TIME 03/25 07:14 PGS. 2 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 7-OWN or ESTES PARIÂ© 1 Memo 5 T_-:-' :,2'-ti)4&1Â£4,}il ;1+ 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 17th. 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 14~ 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 t j 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 (owneO 6) Year Round Changes $20,451 (owner) 7) Insurance $1,735 (owner) Total $132,134 03 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. Project 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 14th. 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 211(1 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 18th. 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. f j i / 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) Total: $2,195,279 $1,162,646 $682,520 C h * 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 Tota 1: $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 $O $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 08/12/10 A 8 CD|EFGHI 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 $27,500.00 527,500 00 $0.00 $27,500.00 100% 50.00 52,750.00 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% 5,000.00 5,000.00 5 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 48% 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 6756 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 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 30,000.00 130,000.00 90% 15,000.00 13,000.00 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 17.500 00 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 13,20000 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,SOO.00 2,250,00 25 Bleachers 135,000.00 0.00 0.00 0.00 0% 135,000.00 0.00 26 Framing & Drywall 15,350.00 0.00 0.00 0.00 0% 15,350.00 0.00 27 Doors/Hrdware/Hollow Metal 12,250.00 0.00 0.00 0.00 0% 12,250.00 0.00 28 Insutation 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 0% 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 35 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 0.00 37 Signage 1.000.00 0.00 0.00 0.00 0% 1,000.00 0.00 38 Fence & Gates 3,750.00 0.00 0.00 000 0% 3,750.00 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 0.00 000 0% soo.oo 0.00 (j 41 (/0 #1 PCO #4 Bldrs R,sk 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 3,156.80 000 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 0/0 #1 PCO #13 Bldg Elevation 64141 0.00 320.71 320.71 50% 320.70 32.07 46 (/0 #1 PCO #14 Flowfill 3,995.15 3,995.15 0.00 3,995 15 100% 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 CO #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.SO 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 1,36741 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 6/0 #4 PCO #11 NE Entrance 4,695.89 0.00 0.00 0.00 0% 4,695.89 0 00 55 C/O #4 PCO #19 Yeat Round Use Power Ch 12,430.06 0.00 0.00 0.00 0% 12,430.06 0.00 56 C/O #4 PCO #23 Water Room Larger 1,465.90 0.00 0.00 0.00 0% 1,465.90 0.00 57 6/0 94 PCO #25 Credit PCO from (/0 #2 (2307 60} 0.00 12,30> 6) (2. 20.Â· 00: 100% 0.00 {230 /0 58 C/O #4 PCO #27 HW Heater Exhaust Flues 734.24 0.00 0,00 0.00 0% 734.24 0 00 59 C/O #4 PCO #28 Light Ballast Change - PRP 573.16 0.00 57316 573.16 100% 0.00 57,32 60 C/O #4 PCO #31 Revised Storm Sewer 3,176.84 0 00 3,176.84 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 C/O #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 (/0 #4 PCO #47 Install Modified Type C Inl 3,755.59 0.00 000 0.00 0% 3,755.59 0.00 65 C/'0 #4 PCO #48 Storm Protection Flow Fill 964.56 000 964.56 964.56 100% 0.00 96.46 66 C/O #4 PCO #52 12" Foundation Wall 0.00 000 0.00 000 #DIV/0! 0.00 0.00 Sl,734,866.12 | 5478,969 13 | 5144,647.32 | $223,200.00 I $846,816.45 | 49% | $888,049-67 | $84,681 65 | CURRENT APPLICATION FOR PAYMENT 1 ORIGINAL CONTRACT SUM $ 1,635,012.00 2 Net Change by Change Orders 99,85412 3 CONTRACT SUM TO DATE (1+/-2) 1,734,86612 4 TOT COMPUSTORED TO DATE 846,81645 5 RETAINAGE (10% OF 4) 79,181 67 (exclude$ GCS & Fee) 6 TOTAL EARNED LESS RETAIN (4 5) 767,634.78 7 LESS PREVIOUS PMNTS 431,072.22 8 CURRENT PAYMENT DUE 336,562.56 9 CURRENT SALES TAX DUE 0.00 10 TOTAL AMOUNT DUE | 336,562.56 | 11 BAL TO FINISH (3-6) S 967,231.34 CONTINGENCIES/CHANGE ORDERS j 3/12/2010 Description Budget Actual Balance CO #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 0/0 #2 PCO #16 Water & Sanitation $6,842.50 $6,842.50 $0.00 C/O #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 SO.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 53,176.84 $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 53,755.59 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 (j 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 0.00 Lead based paint removal 0.00 Mitigation removal hazardous material 0.00 Totals $350,113.00 $0.00 $0.00 1. 1 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) i } 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) lit 11 t .. 1 1 t Â·f= ~ti-â€ž~,Â·yl, i it '1114 - 144 t '31'44 411 11 1 0 42Â· 2 1, Jrl'1111.1 11 11 !; 11 '11 ~ti~ 1#0 1 j'I = 4 i *P '" 1 .. lb[ 11.1 1 11!11 Y ii?14!1111 4 4 --1 , 2 11/111'.1 I - 111.11 1,1,1,1 lilli I. .E 44%-/ 3 6 1 P zi : 1 ' 1 1,1 1 1-1 2 i 1141911!1111 lit 1 .-- 2, 1 41 lilli,111, I i .4 1, 3 1 J 41. 4 11 C lf'141 1,d I I. 41 ./ mil.92/.le 4, 9 . 0 1 - 4 --I:Al lili Â¢ 312't,a. .2.:... 1 I . ..0 -1. . d .41?ff ... 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D 4 -. - - Â£:iA .; I , 4, I . *426 1 . t. . 1.4 0 * e....Geik#> enough spacelt * park) in t was terrible, probab * without TOWN or ESTES PARIÂ© 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. ~- --~j ~clget: 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 AccepUReject 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 presbrvation 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 Town 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 1 j PUD Problem Statement 3/28/10 (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.) The current Estes Valley Development Code (EVDC) only allows Planned Unit Developments (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 and in all zoning districts. In addition, the current Development Code has minimal incentives to promote good design that is sensitive to the location and environment. 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 and employee housing and preservation of open space) can be met. It is proposed to review the PUD section of the EVDC to investigate how more flexibility and creativity can be encouraged in future developments in the Estes Valley through promotion of good design practices. 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' PUD Ordinances to help guide revisions of and to investigate what elements might be incorporated into a revised PUD ordinance for the Valley. 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 30 2010, and review findings with the Town Board and County Commissioners for alignment, before proceeding with any specific code revisions. 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 credible analysis of the current PUD regulation compared to PUD regulations in other communities. â€¢ General recommendations for changes to the existing regulations â€¢ A problem statement that gives specific direction for proceeding with code revisions Developed Bv: Ron Norris, Jerry Miller, Rex Poggenpohl ) TOWN OF ESTES PARL Memo Community Development TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Robert Joseph, Director-~52:5*b> 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 : I I Town Board - t 1 1 â€¢ January 26, 2010: First Reading â€¢ February 23, 2010: Second Reading; remanded to Planning Commission. â€¢ March 23. 2010: Public Hearina 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. 0 TB Memo Mar 23 - Wind Turbine Page 2 ORDINANCE NO. 11-10 j 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 C .9 ' 1 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 t of , 2010, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk 03 Exhibit A: Micro Wind FORMAT: 1) Existing text in black font. 2) Proposed text in blue underlined text. 3) Text to be removed in FedÂ·-Â·stfiketi4Feugh. 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§5.2.8.2.q Energy Conversion Systems 2. Additional Requirements for Specific Accessory Uses/Structures Permitted in the Residential Zoning Districts. q. Micro Wind Energy 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. 1 (3) Setbacks. Micro wind energy conversion systems shall be subiect to setback requirements set forth in Chapter 4. % Ridgeline Protection Areas. Micro wind energy conversion systems shall be subiect to Ridqeline 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. (61 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 Condition. All systems shall be kept in safe operating condition. Systems found to be unsafe bv 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 any 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 energy 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 bv the outermost perimeter of blades. (12) Electrical Connections. Electrical connections and Â»lines shall be placed below ground. 1 C. Accessory Uses and Structures Permitted in the Nonresidential Zoning 1 1 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 Energy 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. March 26,2010 To the Town of Estes Park Trustees We feel that two separate zoning codes for either micro or small wind energy conversion systems is unnecessary. We also disagree that the Larimer County Wind Generator Codes cannot be modified to suit the needs and concerns of all property owners in the Estes Valley. We have considered all comments made by the Trustees, Planning Commission, staff and the local community and wish to propose a modified version of the Larimer County Wind Generator Code for our local needs. The proposal offers a simple, concise and complete package for regulating all sizes of wind generators. Find enclosed a copy of the Larimer County code to compare with the proposal. WIND GENERATORS Wind Generator Definition A generator specifically designed to convert kinetic energy in wind into electrical energy. A wind generator may include a generator, blades, support structure, batteries, associated controls, or conversion electronics. The height of the wind generator is measured from original natural grade to the highest point of the overall structure, moving or fixed, whichever is greatest, and shall not exceed thirty (30) feet. 0 Swept Area Definition Swept area shall mean the largest vertical cross-sectional area of the wind-driven parts as measured by the outermost perimeter of the blades. Accessory Uses/Structures A wind generator shall be allowed for the use of the property owner in all zoning districts under the following conditions: Minor Special Review for Wind Generators An accessory wind generator that cannot meet all the following standards requires review and approval through the Minor Special Review Application process. Approval of the special review must be obtained prior to submitting a permit application. Wind generator standards: 1. For a wind generator with a swept area oftwenty (20) square feet or less: It shall be subject to the setback requirements for the zoning district in which it is located as set forth in Chapter 4, or For a wind generator with a swept area greater than twenty (20) square feet but less than or equal to eighty (80) square feet: It shall setback two (2) times the structural height from the property lines or be subject to the setback requirements for the zoning district in which it is located as set forth in Chapter 4, which ever produces the greatest setback. These setback requirements shall also apply to public or private roads that serve more than four adjacent or off-site lots, and shall be measured from the edge of public or private roads, the edge of the dedicated right-of-way or recorded easement or the property line, whichever produces a greater setback. For example, a thirty (30) foot wind generator would have a minimum setback of sixty (60) feet from the nearest property lines, easements and roads, or For a wind generator with a swept area greater than eighty (80) square feet but less than four hundred (400) square feet : It shall setback five (5) times the structural height from the property line. These setbacks requirements shall also apply to public or private roads that serve more than four adjacent or off-site lots, and shall be measured from the edge of public ofprivate roads, the edge of the dedicated right-of-way or recorded easements or the property line, whichever produces a greater setback. 2. Limit on Number. Multiple wind generators may be installed on a lot, but shall not exceed a cumulative aggregate swept area of eighty (80) square feet. 3. A wind generator shall not be permitted on land designated as a ridge line protected area as identified on the Estes Valley Ridge Line Protection Map. 4. The wind generator must be painted or coated a non-reflective white, gray or other neutral color. 5. The wind generator must not be artificially illuminated. 6. The wind generator must not be used to display advertising. 7. Electrical controls must be wireless or underground and power lines must be underground except for interconnection to an existing above ground power grid. 8. Noise. Wind generators outside the Town limits of the Town of Estes Park shall cbmply with the noise standards found in the Larimer County Ordinance 97-03 (as amended). Wind generators located within the Town of Estes Park shall comply with the noise standards found in the Municipal Code of the Town of Estes Park. 9. Operating Condition. A wind generator shall be kept in safe operating condition. A wind generator found to be unsafe by an official of the Town of Estes Park Light and Power Department, or the Protective Inspection Division ofthe Town of Estes Park or Larimer County, shall be subject to emergency enforcement processes set forth in Chapter 12. 10. Safety Regulations. All wind generators are required to provide a means of protection from any moving blades or moving parts by either ground clearance or enclosures. A. Ground Clearance. The minimum distance between the ground and any moving blades or moving parts shall be ten (10) feet as measured at the lowest point of the swept area. B. Enclosures. Moving blades or moving parts shall be enclosed with either fencing, grilles, guards, screening, shrouds or any combination thereof. Permit Required A permit shall be required for the installation or modification of a wind generator that: A. Is connected to the Town of Estes Estes Park Light and Power Distribution System, or B. Has a height of fifteen feet or more. Electrical Permit Wind generators need to obtain an electrical permit for inspection of electrical work. Respectfully submitted by: Paul Brown, local town resident Bob Clements, Local county resident Dave Rusk, Local county resident - LARIAt ER 20% COUNTY www.larimer.org r Planning & Building Services 1 Â· 200 W. Oak Street - 3rd Floor P.O. Box 1190 Fort Collins, CO 80521 970-498-7683 Windmills and Wind Generators Updated: 3/19/2009 Wind Generator Definition Small Wind Energy Facility Definition A generator specifically designed to convert kinetic A facility which is used for the productioÂ¢Â¢of electrical energy in wind into electrical energy. A wind energy from energy supplied by the wind including generator may include a generator, tower, and any transmission lines, and developed for the associated control or conversion electronics. The purposes of supplying or distributing electrical energy height of a wind generator is measured at the hub of to a customer or customers, and in which there are the generator. no more than three wind generator towers and the hub height of the wind towers does not exceed 80 Accessory Wind Generator - Land Use Code, feet. Section 4.3.10.1 Minor Special Review Approval Each lot may include a wind generator for the use of Section 4.3.7.N of the Larimer county Land Use Code the property owner. requires Minor Special Review application and An accessory wind generator that cannot meet all the approval for a Small Wind Facility. This approval following standards requires review and approval must be obtained prior to submitting a building through the Minor Special Review Application_ _ - permit application. _ - .-- process. Approval of the special review must be obtained prior to submitting a building permit application. Building Permit Wind generator standards: Wind generators greater than twelve (12) feet in hub height are required to obtain a building permit. All 1. One wind generator per lot is allowed. building permits will be reviewed for compliance with 2. The lot must be at least one acre. zoning setback requirements and zoning use as 3. The hub height of the wind generator must not designated by the Land Use Code. exceed 40 feet. Building Permit Submittal Requirements 4. The wind generator must be setback from property lines, public right of way and access 1. Four Plot plan drawings showing the location of easements at least 2 times the hub height of the the wind generator tower, any accessory generator. generator or buildings. Include the hub height in 5. The wind generator must be painted or coated a plot plan drawing. non-reflective white, gray or other neutral color. 2. Two sets of engineered construction drawings 6. The wind generator must not be artificially including calculations for wind design according to illuminated. the high wind speed map With 1/2" ice retention and engineered foundation plans. 7. The wind generator must not be used to display advertising. 8. Electrical controls must be wireless or Electrical Permit underground and power lines must be underground except for an interconnection to an Wind generafors need to obtain an electrical permit existing above ground power grid. for inspection of electrical work. 9. Noise emanating from the wind generator must Colorado State Electrical Board be in compliance with Larimer County Code 1560 Broadway, Suite 1500 Chapter 30, Article V, Noise. Denver, CO 80202 Telephone: 303-894-2985 For additional information on Land Use Code Electrical Permits Onlihe: requirements contact: www.dora.state.co.us/electrical Larimer County Planning Department 200 West Oak Street, 3rd floor Fort Collins, CO 80521 970-498-7683 Email: www.planningoncall@larimer.org ~*Â©092 : .1. lill ]*4 '4.#.*ik?92:.t.:Â·~/w L I. .B0~â„¢*p,U* 1*rnA,lutÂ¥Â·rcn Â¥7Â·Ccvrci I ch.,r-Â·c I would ask the Town Board to modify the language in the proposed code for micro wind systems to read as follows: (g or a) Micro Wind Energy Systems 1. Size. The swept area of any individual micro wind energy system in a multiple turbine system shall not exceed 15 square feet. The swept area of any micro wind energy system exceeding 15 square feet but less than 80 square feet will only be allowed one turbine. 3. Setbacks. Micro wind energy conversion systems not exceeding 15 square feet shall be subject to setback requirements set forth in Chapter 4. Micro wind energy conversion systems exceeding 15 square feet but less than 80 square feet shall be subject to a setback of 2x the height ofthe tower. Section 13.3 Definition. Micro wind energy conversion systems definition would need to be changed to 80 square feet. Also another item to adjust slightly: 8. Ground clearance. Should be changed to "Safety Clearance" and should add to the end ofthe current statement: "or a screen guard to protect from reaching the turning parts if it is lower than 10 feet." Thank you. Bob Clements TOWN or ESTES PARIÂ© 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. A .74 .PI, .* M The Montessori School intended .alt ~ . .High*Acres Dr. . 4,~ -/<090 0,0 ih,Â·42 6 tt * :1~,--/; :1 031#p<>0 V'/ to rent at this location for t. e.** I l..,. ~2 74Â¥.4'. 4 -.,p i approximately one year, while , . . ' .4., .43*L:61 AÂ£76 ' i. 4 22..:~-/ i :. , ti#24 . they continued to search for a. :MI &1.2 /' *. . J'.... 4 eÂ¢, -49. 1."I: 't// I i Â·316?29 , 44,-Cor'r .- - 5 permanent home. The school -*4Â«. 1. ,0. 40Â« Single-Family -I.L ~p:/*:'. I : 2 4 I 'W' continues to search for a ,@ ~ '' 7 â€ž 1 41- 7 64, . % ..2-90 k. permanent home, has not found *0 / , 0'jf='li. A - one yet, and has submitted a 'Â·-~ -11-4 -aier#%42% new special review application Â·Â·, p +. 'r'.10.~74Â·JA~~U Ft#43"M.L ' Â· 444 i., 3; 711.41 â€¢Â· 2 (SR 2010-01) to remain at the 11 7 940*'* - Acacia Dr 1 , .....,4--424*Ll,1/ 1 current location through /.L; 1647 4,2. , - .0 4 %47 ..tÂ« if f.'.<99* December 2014. r *%97# Singld-Family 3 + *43 9 1~~ 0 f:2 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 1 11: 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. EVDC Section 7.5.P .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 7.12.7 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. 1 1 Page 2 TOWN or ESTES 14\141* 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. - f -I...7.-'.IL...,4 .._ 1 Because condominiums are Ay //~) ~a#$48~~#M*/4/-NAW//71~ a form of subdivision MISLBilliti:/Ellillimillilialli:i::::imill/9."11/2//62372/4/1//d"66.39"" compliance with subdivision ~- standards was required. ~----- Adequate public facilities ~ --Z----~1 upgrades were delineated ........Mil."I.NIAN/li/69/lilill/ill on the approved maps and ~ .~I the property owner signed ~ the attached subdivision .........4/1.........D~/im improvement agreement ~ describing the required improvements and timeframe for completing the improvements. --...I--I-*..---I- 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 i 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 i 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 l ~3 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 ofthe 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 ofhis 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 1 \ 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 Ageement: (ii) an affidavit executed by an authorized Town official stating that the Developer is in default under this Agreement; and (iii) the original of 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 tithe of completion and acceptance of said improvements, a separate Warranty Collateral Agreement for this warranty period. -- -4. - 7 -- - + - 6. COMPLETION: The Develop4 is obligated to complete the Impr~ements in accordance with the timeframes specified in the Estes Valley Development Code. 4 4, 7. COMPLIANCE WITH LAW: The Developer will comply with all rdlevant 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 approvall 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 ttie 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. 0 Revised 11/2 5/03 Page 2 i ! 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 of 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 ' I'. 1, . 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 of Credit to the extent ofthe 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_TREn, or until the improvements are completed and accepted by the town. The Developer also agrees to pay any deficiency remaining KfteritiE application of thE proceeds of the Letter of Credit to the Town in the event that the amount of 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 ofCredit 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. StOPE: 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 of any other part, term, or provision and the rights of the parties will be construed as if the part, tenn, 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: 1 h 1 , 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 of 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 C 1 any civil action commenced by either party to this Agreement, whether arising out of or relating Revised 11/25/03 Page 5 , I ( 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 4,'.1.:1>}BÂ¥:;,>~ &44 ga#41 71 -~AA A - - Â»21â€ž4*:aeyor . a . 1-*i ATTEST: â€¢nra 9 ta 4 3 . . 4 43 erâ€¢ :03 ,24P REr 0-, ki-sâ€¢ ub 1LLu,Â·&27, 0 00-1? ~/v eLf T*n Clerk 444: 17 44,2;ty,râ€ž1 DEVELOPER 39Â«- -/-- Curtis J. Thompson ATTEST: .-L 0fB.(04 C.5 50.1.754. 4.,44*:L < g -L,t,X.-9851,212 a : -*.- i M U. PUBLIC,4# 44....m..62# ( 3 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 ofthe 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 r 5 From: Karen Thompson TO: Alison Chilcott; "bloseph@estes.org"; j 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. Town Statement Staff Board of of Intent Report Name of Type of Trustees & & Project Request Location Date Application Site Plan Comments 2006 3/23/10 Statement of Subdivision Staff Report & Streamside Improvement 1260 Fall 10*11 Improvement Comments Condominiums Guarantee River Road Agreement & available Time 3/1 g/10 Engineer's 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. 1 Karen Thompson Secretary, Community Development Department Town of Estes Park ) 170 MacGregor Axenue PO Box 1200 Estes Park, CO 80517 Phone: 970.577.3721 Fax: 970.586.0249 kthompson@estes.org (-3 83/1 6/211111 12: 04 ~Ijk'ki89888 / I ME UMb b I UKE #48510 PAGE 02/03 . am *l MAR 1 6 201101 . . I f#'- , A. 4"' 0% ./ 4 1 - 4. f.... /51,3.<025' 9*/ 4. 2 Â·---fe* p 0-11 - Â· LAND SURUEYS --- n- -Â©., i SUBDIVISIONS DEVELOPMENT PLANNING IMPROVEMENT PLATS STRUCTURAL ENGINEERING VAN HORN ENGINEERING AND SURVEYING SANHARY ENGINEERING MUNICIPAL ENGINEERING March 12,2010 Dear Town Board Members and Planning Director Joseph: Streamside Condominiums were approved-recorded in June of 2006. There *8 19 existing condom~ium units and 24 approved for future Con*uction. The property has been, and currently is used for, nightly rentals. There have beenno sales of any condominium units since the approval. A Letter of Credit (LOC) is held by the Town for approximately, 178,500 to secure the public improvements according to the 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 nul with the laod. The owner'$ desire is to keep the condominium approval, revise the subdivision improvement guarantee, and make the following improvements on the proposed timeframes: Phase 1 (by 12-01-2010). Water main extension and add one hydrant Estimated Cost = $9,000 Phase 2 (by 12-01-2011). Expand internal paved roads tomeet Code standards. Estimated cost = $13,400 Phase 3 (by 12-01-2012). Update electical main and service lines (all bwied). Estimated COST = $30,700 Phase 4 (by 12-01-2013). Upgrade/expand sewer system- Esdmated 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 utilities. The total ofthe above estimates represent fractions ofthe total of the existing LOC for $78,500. The owner reah-zes that he is in default of the 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 the relatively short tourist season). Please rememberlbatthe currentuse of [tle property has not changed even though the condominium (subdivision) was appmved. In the present economic climate, sale of accommodation condominiums is not practicat 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 Olat all improvements are completed wiIhin six months after such sale. 1043 Fish Creek Road â€¢ Estes M, Colomdo 80517 Â· 970-586-9388 â€¢ fax 970Â·586-8101 Â· F,mil: vht@airbits.com 7 LULU 1 4. Wy OULOOLJOOot inc uro 3 1 unc #4020 r-Mom The owner has invested 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. Ihe owner hopes to retain the condominium ftamework thar bas been established, but allow subsequent owners to determine the best development approach for this property. Until there is some clarification ofthc economy ofthe future, rapid completion of the infrastructure improvements is not necessao. Ani dissolving the condominium framework would be economicalk wasteful. The owner is requesting some accommodation ofthese issues in requesting an extension oftime to complete adequate public facility improvement5. Lastly, he agrees that no new building pennits for new condominium construction will be proposed until all of the above listed improvements are in place. You should also kaow that he did grant oasements 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 @le original cost estimate guarantee for this irem was $17,755). Thank you for your consideration ofthe above. Sincerely, Lonie Sheldon For Van Horn Engineering and Surveying Irc And Streamside Condominiums. C: Gregg Coffman C. Curt Thompson ~--' 'e.u.(1-79~~i41-0â€¢1 /60Â·.~ 1043 Fish Cmck Road - 23:03 Park, Colorado 80517 â€¢ 970Â·586-9388 â€¢ dr 970-586-8101 â€¢ E-mail: vhe@0irbincom TOWN oF ESTES PARL Memo PARKS DEPARTMENT 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. liu TOWN[ oF ESTES PARIÂ© s '0.4355':t> 2Â¥~ ''<': > r Â°1 44% ..~al: , . 4 Memo rrovun Clerk's Office h. # t:iâ€¢<Se 43*:1Â·'c fl: 423 . Â·A i. 6 ~:f. Â·Â·Â·2 5â€¢<1>0: 242. 31 *ri f â€ž: 'lf . â€¢t 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 N/A Staff Recommendation: NA 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 PARIQ / ' 3 1~ : ' f .. < 4 i 3 % W.~ ~ Â· P ~ 9 9~ ~ . .4 2 Jtt -/.94.4*C*.# t#*3 Â· 34%93 Town Clerk's Off/67 ?41 1 Memo *54Â©: 3 : As :41â€ž.Fli,: 2 j*., d'.>)8*04*Â¢4i.+~ TO: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Jackie Williamson, Town Clerk Date: March 181 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: N/A 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. \L MÂ® TOWN or ESTES PARI<L .. 1 0 1, 1 1 1 0 1 kl d ~ ) 4 1 â€¢1 i l 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. C \} 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 11 x17 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 $700), to be used by December 31, 2011. Park Theatre Mall Businesses Devastated by the Fire 14 ers Cafe (8 years) Hiking Hut (15 years) Home for the Holidays (4 years) 09Â«- 4--1) Intrigue Gift Shop (40 years) Last Outpost (4 years) Apet 4%-a-b Madame Vera (23 years) ~De~F 0'05-Unfack f>*44' Memories Photos (20 years) Mountain Blown Glass (3 years) Mountain Memories Scrapbooking (2 years) Musicbox Collection (22 years) Spectrum (35 years) Wynbrier (38 years) Park Theatre Mall (Built in 1915, Shopping area since the 19505.) (Years in Business were estimated and not confirmed with each business owner.) 21- TOWN oF ESTES PARKL riÂ·.r~:UÂ©44-31Â»'3493*34'0?2'te j.r:,V*-4,42/ 4; CtiO~,4 Â·Â»j?Mt,#444%~NA#*c,~M ?34:tfy, :aiti own Attbri Memo P.fI-$.fit Â·Â· 'e:Â·4'141:.6 :-,r.,17 ?,2 2Â· i. './. 4.â‚¬..e >,1 m-1 121 I.4.,Â·trl ~ 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 q'- i;~Ral 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. Recognition 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: f j I move to adopt/not adopt Ordinance No. 10-10. ?eesÂ£*.-reo 3 h ho 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 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 /h f J 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 o f 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 2.04.0401121Quorum. 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. 2.04.012020 Write-in candidate affidavit. No business shall be transacted except when a quorum is presdnt, 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 ill: 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 and,is 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 is taken shall require i 3 the concurrence of a majority of those present. 2.04.016030 Cancellation of elections. (Ord. 15-97, 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 TrusteesreitheF-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 Trustdes shall declare the candi- Trustees to the following standing committees: dates shall be deemed elected. (Ord. 20-91 Â§2, community development, public safety, and 1991; Ord. 15-97, 1997) public worksl 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 shall appoint all month at 7:00 p.m. Special meetings may be members of any special committee ef-the (J 2-3 Supp. 10 Administration and Personnel Section 2.04.010 Tewnsubject 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 2;08*10--ifee-Near{L 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 be 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 of the members shall be four tien of view and the public so fetyt 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 tenns, all terms shall be four (1) years. ard 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 without compensation. 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) lt shall be the responsibility of the 2.12.020 Duty to sign warrants or other -. 1 h Tree Board to study, investigate, develop and instruments; facsimile signature. , ; administer a plan for the care, preseevation, planting, rei)lanting 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 signatur'es. (Prior code Â§3.1-5; Ord. 14- (2) The Tree Board may forward 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 edepted 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 cbde Â§4.8; Ord. 15-97, 1997) 1 3 2-4 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 41,1974; Ord. 9-80 41,1980: Ord. 8-86 Â§1,1986: Ord. 15-97,1997; Ord. 3-00 41,2000; Ord. 3-08 41,2008) Chapter 2.201 Town Gler*Officers 2.20*010 Tew#flerk: appeintmen*Appointment. The Board of Trustees, at At its first regular meeting following certification of the results of der-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 a Clerk for the unexpired term. (Prior code Â§3.2; Ord. 15 97. 1997) f 3 2-5 Administration and Personnel Section 2.16.010 2.201.030020 DtÂ«to-keep the State and the ,rules and procedures Fee@Fdsofficers' Duties. promengrated 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. (PfieF code Â§3.2 2; Ord. 6 90 Â§5, 1990; Ord. 15 97, 4999 (2) Town Treasurer. The Treasurer shall receive all moneys 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 ~ _j the Board of Trustees. All books and accounts of the Treasurer shall always be subject 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 Attorney, 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 (3 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 of Trustees. (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 Trustees may prescribe. (Prior codeÂ§3.2 1) 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 <~ --h~ Town Clerk except for the signing of warrants. (Ord. 12 90 Â§1,1990) Ghaptep-2:24 Town-*Feaswer 2.24.010 Town Treasurer; appointment. T'he 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 rendeF afeeunts, 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-OtheF-duties~ -Chapter 2.32 The Treasurer shall perform all other duties, Othep-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 of Trustees, at its first regular meeting after each biennial election, shall â‚¬hapteF-128 appoint qualified persons to serve as the Chief of Police, Munigipal Judge and Assistant Munici Tewn-Attorney 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 Chapter 2.11 Town Attorney, the Board of Trustees shall appoint a Town Attorney for the unexpired term. Plfe-Depafuned The Board of Trustees may also appoint such Assistant Town Attorneys as it deqrns necessary. 2.11.010 Fire Chief; appointment. (Prior code Â§3.1; Ord. 31 72 Â§1, 1972; Ord. 15 The Board of Trustees, at the first meeting fullo -r V. ing each biennial election, shall appoint a 0 /8.020--Dt~tiesi 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 set 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 Assistant 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§51 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, 4-9974 Ch (} 2-6 Administration and Personnel Section 2.52.040 â‚¬hapteF-q:48 2.36.020 Functions and duties. Peliee-Depa*talent The functions and duties of' the Town Ad- ministrator shall be as follows: 2.18.020 Chiefof 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. (2) To supervise the enforcement of all 15 97, 1997) laws and ordinances; 2AN*10-Oathw 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 97,1997) 2.18.070 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, 1078; Ord. 15 97,1997) 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 Â§ 1(part), 1975; Ord. 15-97,1997) 1 1 2-8 Supp. 18 Administration and Personnel Section 2.48.020 (3) To recommend an 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 4-970 condition of the Town; 2.52.020 Compensation of Municipal (41 To recommend to the Board of Judge97 Trustees for adoption such measures as he or she may deem 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 o f twenty thousand six hundredsixty 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 Â§1(part), Municipal Judge who serves for only a part of 1975; Ord. 15-97,1997) +11 i.e year shall receive- for his or her compen sation only a pro ratd portion of the foregoing (61 The Town Administrator shall annual salary based upon the number of days ho 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 < h) 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 2.5231 27 07 Â§ 1, 2007) Municipal Court 2.52.030 Clerk of Municipal Court. 2.5212Â·010 Municipal Courtereate* There is established the position of Clerk of jurisdiction; powers; authority; the Municipal Court. The Municipal Judge or 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 provisions:., 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 Municipal Court 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 often 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§9.4: Ord. 1 70 Â§1(part). nance extending the benefits of Old Age and 1970; Ord. 11 81 Â§1, 1981; 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. 14 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) Chapter-156 Ghapte,1168 Salaries Iewn-AdminiGÂ¢,zator 2.68.010 Town Administrator; appointment. f j 1 1 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 o qualified person as Town Adminis trator. In case of a vacancy in the office of 2.56.020 Compensation of Ainyor and the Town Administrator, the Board o f Trustees shall Be,H:{1-412Fusteer appoint a Town Administrator for the unexpired term. (Ord. 21 75 Â§1(part), 1975; Ord. 15 97, The Mayor shall receive as full compensation 4-99-9 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 Tou'n 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 >'ear 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 of the Town government: for his or her services the sum of four thousand dollars ($1.000.00) per year during each year of (2) To supervise the enforcement of all his or her term, payable in equal monthly pay laws and ordinances; ments. (Ord. 7 74 Â§1.1971; Ord. 9 80 Â§1, 1980; Ord. 8 Â·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 are to be defined for the condition of the Town: purpose of this Chapter as follows: (1) To recommend to the Board of (1) Finance ollicer means the Town's Trustees for adoption such measures as he or Finance Officer or designee. she may deem necessary: and (2) 0,1 'ncr 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, governmental entity other than the the Board of Trustees. (Ord. 21 75 Â§1(part), Town, or the duly authorized legal repre 1975: Ord. 15 97,1997) - - sentative or successor in interest of the same, - - which owns unclaimed property Held by the 2.68.040 Administrative organization. Tewft- 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. fâ‚¬)1:â‚¬17 payable or distributable. Unclaimed property 21 75 Â§1(part), 1975) includes but is not limited to the following: a. Deposits for electric service; ChapteF-2=Â·80 b. Overpayment on utility services; Unclaimed-Pfepefty c. Uncashed payroll checks; 2-:Â·80.040-Pufpese- d. Money or property from police seizure; The purpose of this Chapter is to provide for e. Lost 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, 4992) 2-9 Supp. 17 Administration and Personnel Section 2.80.020 f. Unclaimed appearance bonds in (60) days of the date of the publication of the Municipal Court. (Ord. 1 92 Â§2, 1992; Ord. 15 notice, the property shall become the sole prop crty of the Town and an)' claim of the owner to such property shall be deemed forfeited. 2.80.030 Procedure for disposition of prepeÂ» (c) If the Finance Officer receives no written claim within the above sixty day clai in (a) Prior to disposition of any unclaimed period, the property shall become the sole prop property having an estimated value of fifty dol erty 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 within the sixty day claim period, the last known address o f 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 vallie of investigate the validity of a claim and niay 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 disberse-the-pFepefty7 owner may make inquiry of or claim the prop erty. The notice shall also state that i f the owner (e) In the event that there is more than one ( j 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 ali inter property shall be deemed forfeited. pleadep-aetienr (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 foreirer 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 1 T7 ithin sixty 2-10 Supp. 17 . Administration and Personnel Section 2.80.040 2.80.010 Police and fire pension benefits. 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 on file with the Town. The provisions of Section 2.80.030 shall be followed with regard to the procedure for disposition of said unclaimed praperty from-the- Police- and/or Fire - - Pension Fund of the Town. (Ord. 1 92 Â§1, 4.99* 2.80.050 Sale or disposition of property. (a) At any time after any unclaimed prop erty 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 , j 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 er 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 an)' 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 9Â£4'SED Blelic 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 of Mayor and the Board of Trustees 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 C j 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. 20-91 41, 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 (-3 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 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 C3 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 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 O fficers shall have the following duties: 2-9 Supp. 18 Administration and Personnel Section 2.52.040 \ (1) Town Clerk The Town Clerk shall premengizated-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, Â· 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 by 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 ~11 mone* beloniing- 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 following the certification l j 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 The functions and duties of the Town Ad- to do so, to prosecute or defend all suits brought 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 (4) Municipal Judge, Assistant Municipal departments o f the Town government; Judge, and Clerk of the Municipal Court. The Municipal Judge, Assistant Municipal Judge (2) To supervise the enforcement of all and Clerk of the Municipal Court shall have all laws and ordinances; the powers, authority, duties, and shall follow procedures as provided therefore by the laws of the State and the rules and procedures C f 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; 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 (3 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 L . I 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 readable and clear format; and WHEREASi-Section 9.02.040 ofthe 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 read 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 4-3 ~ 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 Â£ 1 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; 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 of Trustees Chapter 2.24 Town Officers l ) 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-, 2-2 Supp. 17 l 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. 20-91 41,1991) 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 o f 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 o f 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 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 1 / 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 C-) 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 < 3 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 ofthe 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 The functions and duties of the Town Ad- Board of Trustees as directed by the Mayor or the Board of Trustees, to draw all ordinances, ministrator shall be as follows: contracts and other instruments when requested to do so, to prosecute or defend all suits brought (1) To be responsible to the Board of 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 (4) Municipal Judge, Assistant Municipal laws and ordinances; 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. 1 2-10 Supp. 18 2- . . f. . (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 theÂ· financial employees of the Town in the Old Age and condition of 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;-Ofd-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. ~- 1 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 Ch . 3 Special Meeting Board of Trustees-Town of Estes Park Tuesday, March 30, 2010 Ordinance No. 10-10 Amending Title 2 Pertaining to Administration and Personnel and Section 9.02.40 Pertaining to False Reportingto Authority Comments From Mark Elrod While the stated purposes of the amendments to Title 2 of the Municipal Code were to include those sections required by the State statutes to be part of the Municipal Code and reorganize for a more readable format might there be other opportunities to update our Municipal Code to more clearly reflect the governance stance by this Board? Consider 2.04.50 Quorum. This section requires four (4) members of the Board of Trustees to be a quorum. When asking Attorney White a few weeks ago whether the Mayor was counted for purposes of a quorum we were advised that the Mayor was considered for purposes of declaring a quorum, and that it was required by State Statute. However if one reviews State Statute 31-4-302 one would note that an ordinance may provide or be amended to provide that the mayor shall not be counted for purposes of determining a quorum. So follow the reasoning here ... if the quorum of 4 may include the mayor, and the mayor by ordinance only vote in case of a tie it seems to not make sense to include the mayor as part of the quorum. Three trustees and the mayor equal a quorum. Trustees vote on an issue that could not possibly result in a tie which would require the mayor's tie breaker vote. Then what is the sense of having the mayor be considered as part of a quorum. To make reason out of the logically flawed current quorum definition it would seem to a reasonable mind that the mayor not be considered part of a quorum if 1 4 . .. 6 the only vote that the mayor could cast wouldÂ· be for the purposes of breaking a tie. Consider 2.08.010 Committees., Here the mayor is required to appoint three (3) trustees to the "following standing committees", and then goes on to name and identify the committees. As you currently review the-necessity of committees, combining committees, and creating new committees would it perhaps be best to just provide that the mayor shall appoint three (3) trustees to "the standing committees", and not individually name them? That way as committees are combined, eliminated, or created one would not have to go back and amend this portion of the Municipal Code Consider 2.12.030 Vote Required. The Mayor shall have no vote upon any question except in the case of a tie vote. State Statute 31-4-302 indicates that the mayor shall have the same voting powers as any member of the Board of Trustees unless limited by ordinance. So I assume that some historical ordinance limited the mayor's voting powers as currently reflected ... only in case of a tie. Have you all considered amending this and returningthe Mayor to full voting privileges? If not why? Consider the mayor is elected by the voting public; shouldn't the voting public be entitled to another. vote on the Board to represent their views? I am not familiar with the history of limiting the mayor's voting privileges, but isn't it time to reconsider a change to a more representative form of government voting? This provision is also provides "All ordinances adopted and resolutions authorizing the expenditure of money or the entering into a contract require the approval and signature by the Mayor before they can become valid. However, State Statute 31-4-302 provides "any ordinance adopted and all resolutions authorizing the expenditure of money or the entering into of a contract shall be subject to the disapproval by the mayor". However subtle it may be it would seem that our Municipal Code reflects the exact wording of the State Statute. Otherwise if so desired you may wish to consider separate language as found in State Statute 31-16-104 "Ordinances approved by the mayor" to clarify the matter. 2 ..1 .. Consider 2.16.010 Mavor Pro Tem. Make this provision gender neutral. References to "his or her" inability to act; or to "his or her" duties, could be changed to simply be replaced by the phrase "the Mayor's" Consider 2.20.010 Compensation of Mavor and the Board of Trustees. Again this provision could be made gender neutral and replace the "his or her" reference to "the" when referencing services and term. Consider 2.24.010 Appointment. Why not consider adding Town Administrator to this section? Why keep the position of Town Administrator out of this section? Consider 2.24.020 Officers' Duties. Reference in Town Clerk to "he or she" could be made gender neutral by substituting reference to "The Town Clerk". Why not add Town Administrator duties to this section. Keep all positions consolidated unless there is some reason to treat the position differently. Consider 2.24.030 Compensation. Why not add the position of Town Administrator to this section? Reference is made to the "Town's Employment Compensation Schedule". Is that a schedule that is prepared, reviewed and approved by the Board of Trustees? Consider 2.28 Town Administrator; appointment. Combine with section 2.4.010 "Officers I Â¢1Appointment". The language "At its first regular following the certification" should read "At its first regular meeting followingthe certification". What practical impact does the provision "At its first regular meeting following the certification of the results of each biennial election, the Board of Trustees shall appoint a qualified person as Town Administrator" have on the employment contract for the position of Town Administrator? Is the contract a two year contract which is renewed upon the exercise of this provision? Is the anniversary of the employment contract set to coincide with the terms of this provision? 3 . 0 1 IN Consider 2.36.020 Functions and duties. Why not add this all to section 2.24.020 "Officers Duties"? Â¢ I Are all of the stated functions and duties consistent with the employment contract for the position? Is,there another job description for the position and has it also been incorporated into this section? , Consider Colorado Statute 31-4-307 Removal of officers-causes-notices. Was consideration given to its inclusion in our Municipal Code? Consider Colorado Statute 31-4=401Oath of officers-bonds-waiver-declaring office vacant. Was consideration given to its inclusion in our municipal Code? Were there any other provisions of Colorado Statutes Title 31 for a statutory town that you considered, discussed, or dismissed in your deliberations over the amendments to our Municipal Code? Thank you for your consideration of my comments. . . 1 . , 4