HomeMy WebLinkAboutPACKET Administrative Committee 1993-01-25ADMINISTRATIVE COMMITTEE
January 25, 1993
10:00 a.m. -- Room 103
AGENDA
1. Carry -Over Resolution - Resolution to reappropriate 1992
encumbered funds to 1993 budget.
2. Fire Pension Study - Staff request to hire William M.
Mercer, Inc., to perform actuarial study of Fire Pension
Fund.
3. Electric/Barbed Wire Fences - Request from Lee Hartland
to adopt ordinance prohibiting electric and barbed wire
fences.
4. Policy Agenda 1993
5. Executive Session
product.
Reports:
- Quarterly Progress Report.
- To discuss Town Attorney work
1. Sale:, Tax Review.
MEMORANDUM
January 22, 1993
TO: Honorable Mayor Dannels and
Board. of Trustees
FROM: Rich Widmer
Assistant Town Administrator
SUBJECT: ADMINISTRATIVE COMMITTEE AGENDA DISCUSSION
CARRY-OVER RESOLUTION
This is a routine housekeeping measure to "carry over" funds for
contracts and other commitments from one budget year to the next
without budgeting money for the same expenditure in both years. to
accomplish this, a resolution is required. Finance Officer Vavra
will explain in more detail as needed.
Recommendation: Recommend to the Town Board approval of the
resolution to reappropriate 1992 encumbered funds to the 1993
budget.
FIRE PENSION STUDY
The 1993 Budget contains $3,000 for an actuarial study of our Fire
Pension Fund. We decided to do this every two years to verify the
financial health of the fund. The last study was done in 1991.
Finance Officer Vavra will explain his recommendation to hire
William M. Mercer, Inc., to perform the study.
Recommendation: Recommend to the Town Board staff be authorized to
hire William M. Mercer, Inc., to perform an actuarial study of the
Fire Pension Fund.
(303) 586-5331 P.O., BOX 1 200 ES-1113 PARK, CO, 80517 a FAX Cl 03) 5 802E,:il 6 ADM 0N LSTPAIION FAX (303) 586-6909 OTH
Ekt. Estes ['ark EsLes Park CoEurintitt [30.reti7
-2-
ELECTRIC/BARBED WIRE FENCES
Two letters are enclosed from Lee Hartland requesting consideration
of an ordinance banning electric, barbed wire, or razor wire fences
in the town. This is apparently a common practice in other cities.
Recommendation: Recommend to the Town Board the Planning
Commission be directed to prepare a draft ordinance banning
electric, barbed wire, or razor wire fences in the appropriate
zoning districts.
POLICY AGENDA: 1993 QUARTERLY PROGRESS REPORT
In your packet is a summary sheet showing the progress to date of
each of the fifteen "A" priority goals established at the summer
board retreat. I will go into as much detail as you wish on each
item. This is also an appropriate time to revise the goals or add
to them, if you wish.
Recommendation: No recommendation needed unless new goals are
added or existing ones modified.
EXECUTIVE SESSION
An executive session is needed to discuss the enclosed memo from
Town Attorney White on his work to date on clearing the Stanley
Park title. It appears condemnation will be necessary. Town
Attorney White will explain the steps necessary to complete the
condemnation.
Recommendation: Return to regular session to consider the
resolution enclosed. Recommend the Town Board adopt the resolution
authorizing staff and legal counsel to proceed with condemnation
action against the heirs of F.O. Stanley for the future interest
retained by F.O. Stanley in the deed to the Town of Estes Park for
Stanley Park.
CARRY-OVER RESOLUTION - RESOLUTION TO REAPPROPRIATE
1992 ENCUMBERED FUNDS TO 1993 BUDGET.
WILL BE DISTRIBUTED AT MEETING
January 25, 1993
TO:
MEMORANDUM
Administrative Committee
FROM: Monte Vavra
Finance Offi r
SUBJECT: FIRE PENSION ACTUARIAL STUDY
The Fire Pension Board has recommended that the Town of Estes Park
conduct an actuarial study every two to three years. An actuarial
study will determine if sufficient fund S are available to pay
retirement benefits to current volunteer fire fighters along with
those currently receiving benefits. The last actuarial study was
conducted in 1991, using 1990 data by William M. Mercer, Inc.
William M. Mercer, Inc., has submitted a proposal to conduct an
actuarial study for a not -to -exceed amount of $2,600. The study
would be completed within four to six weeks of receiving the data
from the Town. I did not request proposals from other firms as
this is a small study and Mercer has served the Town well in the
past. The 1993 budget included $3,000 for this study.
I am requesting the committee accept the proposal from William M.
Mercer for a not -to -exceed amount of $2,600 to conduct an actuarial
study of the fire pension fund.
2-1
6.303) 586-5331 • (I) B 0 X 1200 ESTES PA Ri, (...(0 80517 • FAX (30316ADMfRAflON • FAX (303)586-6909 ; "Ill FR
JAN 12 1993
Jan. 11, 1993
Town Of Estes Park
Administrative Committee
Estes Park, Co. 80517
To Administrative Committee:
I feel that it is time that the Town consider outlawing
Electric Fences, Barbed Wire Fences and Razor Wire Fences in
the Town limits.
These type of fences have no place in any heavily populated
areas due to the possiblity of hurting people and animals.
Last summer I had a neighbor install an electric fence within
20 feet of our childrens play area at Miles Cottages. I do not
think it is good PR or safe to have our young toddlers zapped
by an electric fence. Anyone can have delicate health at any
age and in the event of wet grass, electricity and delicate
health there is a chance of serious injury. I have written a
letter to the town noting my displeasure at this situation.
The injuries caused to wildlife by barbed wire is well known
and documented.
Please note the enclosed statutes on fences from the Cities of
Ft. Collins and Loveland. Perhaps they will be of some use.
Thank You,
' AL,/ wt/
Lee Hartland
Miles Cottages
CONDOS
HOUSEKEEPING
APARTMENTS
COTTAGES
MOTEL ROOMS
MILES MOTEL and COTTAGES
1250 SOUTH SAINT VRAIN - HIGHWAY 7
LONG'S PEAK ROUTE PHONE 303-586-3185 or 303-586-2963
ESTES PARK, COLORADO 80517
June 39, 1992
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
Re: Electric Fence bordering a section of our property
Attn: Mr. Gary Klaphake
City Manager
Dear Mr. Klaphake,
It has come to our attention that one of our neighbors has
recently installed an Electric Wire to the top of her existing
Split -Rail Fence. This fence is in direct contact with our
property and where we have an existing Children's Playground.
We feel this may present a real danger to small children.
We have talked directly with the Estes Park Police Department
and filed a written complaint pertaining to this matter. The case
number is 92-07-3031.
We are formally registering our complaint with you pertaining to
the aforementioned matter and feel that once we have advised
you it is now the responsibility of the Town.
A suggestion: If the City of Estes Park does not have an
ordinance pertaining to the construction and erection of Electric
Fences within the city limits they might consider passing one.
Thank you,
Lee Hartland
et E. Hartland
Owner/Managers
3-2
ADJACENT TO THE 18 HOLE GOLF COURSE
TOWN OF ESTES PARK
TOWN BOARD GOALS
POLICY AGENDA: 1993
KEY:
Progess report
January 25, 1993
0 % = No Activity
25% = Planning
50% = Design/Begin Implementation
75% = Partial Completion
100% = Completion
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
1. Maximize use of the Conference Center.
2. Complete Comprehensive Plan.
10. Overhaul Zoning Ordinance. ,
3. Maintain strong financial position.
4. Plan/promote more Special Events.
5. Encourage development of winter
activities.
8. Assist shoulder season development.
6. Update the Capital Improvement Plan.
7. Update Stanley Park/Master Plan.
9. Determine options for affordable housing.
11. Complete Windy Gap sale.
12. Develop Park and Ride system.
14. Maximize downtown parking.
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
0% 25% 50% 75% 100%
13. Encourage strong Cultural Arts program.
15. Complete centralized mail delivery.
4-1
MEMORANDUM
To: Board of Trustees
From: Greg White
Date: January 20, 1993
Re: Stanley Park Fut;re Interest - Eminent Domain
We have completed the necessary research to proceed with
condemnation action against the heirs of F.O. Stanley for the
future interest retained by F.O. Stanley in the deed to the Town of
Estes Park for the property known as Stanley Park, The purpose of
the memorandum is to outline the specific requirements and actions
necessary to proceed with condemnation.
We attempted to contact the heirs of F.O. Stanley by letter
dated October 20, 1992, a sample of which is attached. To date,
only six written responses and one telephone response have been
received, only two of which have produced a quit claim deed for the
future interest. This was an inexpensive attempt to clear title,
but as it has not been successful, we now recommend that the Town
consider proceeding with, condemnation under 38-1-101, et seq.,
C.R.S. We believe that the Town has sufficient statutory authority
to proceed. It will also be necessary to quiet title to the
property, so that the court may be assured that all persons
claiming an interest in the property have been determined. We
recommend that a quiet title action proceed simultaneously with the
condemnation action.
The following are actions items required to complete the
condemnation:
1. The Trustees should authorize staff and legal counsel to
proceed with condemnation, Any detailed discussion of the legal
action involved should take place in executive session as a
litlgetion matter. A proposed -resolution is attached.
2. The property to be condemned, the future interest, must be
appraised by. a qualified appraiser to determine the value of the
property and fix compensation to the property owners. In this
instance; we anticipate that the value placed on the property will
be minimal, since the future interest is, at best, a reversionary
interest, the vesting of'which is controlled by the Town. I am
atte-ipting to contact an appraiser and will have the appraisal
made.
3. A good faith offer must be made to the property owners to
acquire the property. We will draft a letter with an offer, based
upon the appraisal, enclose a quit claim deed, and send this to the
diet of heirs, plus any revisions to the list we are able to make.
The courts do not require that the good faith offer be made to
ownere who cannot be located, so long as a reasonable attempt is
made to locate all owners and contact them. The case law does not
require that negotiations be extensive prior to initiating a
condemnation action, so long as there is evidence that further
negotiatione would be futile.
4. Once good faith negotiations have been attempted and
.either completed or abandoned, the petition for condemnation may be
filed with the court. At that time, a summons and copy of the
petition must be served upon all of the owners of the property to
be condemned, according to the same procedures for other civil
actions. When the whereabouts of all owners cannot be determined,
the court may permit service by publication, pursuant to Rule 4(g)
of the Color do ?pules of Civil Procedure. We would then proceed
under 38-1 101► et seq., C.R.B. to complete the condemnation
action. The court may receive compensation awarded to the property
owners into the registry of the court. In order for the court to
then know who to release the funds to, it will be necessary to
complete a quiet title action. Once the Compensation award is
tendered to the registry of the court, the Town will be able to
have possession of the property.
S . There ie no specific provision in the eminent domain
statues for dismissal of a petition for condemnation, but as the
ps000edings follow the Colorado Rules of Civil Procedures
(C.;.e.P.), except as otherwise provided in the statute, dismissal
of the petition could presumably be granted should the
determination of compensation be beyond the expectations or budget
of the Town. Fee title does not vest in the condemning authority
until the compensation is determined and paid to the registry of
the comet. Thus, a motion to dismiss the petition should be
permissible up to the point of title vesting. Under the C. R. C. P. ,
it a plaintiff dismisses a complaint, the plaintiff may be subject
to paying court costs and attorneys fees to the opposition.
Presumably this would also be true of dismissal of a petition in
eminent domain.
RESOLUTION
wamuzal the Town owns property in the North 1/2 of Section
30, Township North, Range 72 West of the 6th Principal Meridian,
known as Stanley. Park; and
WIIHR-ERS, the Town has considered the construction of an indoor
arena., and other public facilities on said property; and
�b
I SAS, in determining available weans of financing said
improvements at Stanley Park it has become known that the died
oonveying the property to the Town contained certain restrictions
which may prevent the Town fro obtaining financing for the
construction of eatd facilities; and
=, the Town finds it desirable and necessary to obtain
title to the property in fee simple absolute without possibility of
reversion; and
ummweas, initial contacts with the heirs of F.0 Stanley who
ho . title to Wha aver re►vbreic,nmry interest wac orAa End by than
deed from F.O. Stanley to the Town have not resulted in the Town
acquiring title in fee simple absolute;
NQW THEPORE, in VT SMOLVLD by the Board of Trustees of the
Town of -Estes Park, Colorado:
1. That the Town Administrator and Town Attorney, and their.
Staffs, proceed with condemnation actions and quiet title
actions in the appropriate courts of the State of Colorado in
order to obtain title to Stanley Park in fee simple absolute.
2, That an appraisal of the property interest to be acquired
be obtained to establish reasonable compensation for the
property.
3, That the Town Administrator and Town Attorney, and their
staffs, tinge a in good faith negotiation with the owners of
the reversionary interest in the property, to the extent that
tea ow'nr rA nAn b, located and negotiations commenced
Dated this day at -_�-_, 1903.
TOWN OF ESTES PARK
Mayor
Attest
town Cler
3.7
3.6
3.5
3.4
3.3
3.2
3.1
3
2.9
2.8
2.7
2.6
2.5
2.4
2.3
2.2
2.1
2
1.9
1.8
TOWN OF ESTES PARK
SALES TAX & INFLATION
1983 1984 1985 1986 1987 1988 1989 1990 1991 1992
❑ ACTUAL SALES TAX
+ SALES TAX USING CPI
TOWN OF ESTES PARK
15.0%
14.0%
13.0%
12.0%
11.0%
10.0%
9.0%
8.0%
7.0%
6.0%
5.0%
4,0%
3.0%
2.0%
1.0%
0.0%
-1.0%
SALES TAX AVERAGE % INCREASE 1987 - 91
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I I I I I I -I
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
TOTAL TOWN LIMITS
40.0%
30.0%
20.0%
10.0%
0.0%
-10.0%
-20.0%
N
V A
OUTSIDE EPURA
INSIDE EPURA
TOWN OF ESTES PARK
SALES TAX % INCREASE 1991 - 1992
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I I I I I I I I I I I
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
TOTAL TOWN LIMITS
\
OUTSIDE EPURA
V A
INSIDE EPURA
90.0%
80.0%
70.0%
60.0%
50.0%
40.0%
30.0%
20.0%
10.0%
0.0%
-10.0%
-20.0%
-30.0%
-40.0%
-50.0%
-60.0%
-70.0%
-80.0%
1\
TOWN OF ESTES PARK
SALES TAX % INCREASE: 1991 - 92
X
N
N
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X
X
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7
X
X
N
A
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I I I I I I I I I I 1
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
ACCOMODATIONS
GIFT STORES
/
A
RESTAURANTS
SHOES, CLOTHING
SELECTED COLORADO RESORTS
11.0%
10.0%
9.0%
8.0%
7.0%
6.0%
5.0%
4.0%
3.0%
2.0%
1.0%
0.0%
20.0%
19.0%
18.0%
17.0%
16.0%
15.0%
14.0%
13.0%
12.0%
11.0%
10.0%
9.0%
8.0%
7.0%
6.0%
5.0%
4.0%
3.0%
2.0%
1.0%
0.0%
SALES TAX YEAR-TO-DATE THRU SEPTEMBER
9.5%
ASPEN
-9k7-
4.8%
9.1%
7.6%
6.2%
0.6%
i
BRECK DURANGO GLENW00D SILVER STEAM
% CHANGE 1992-1991
SELECTED COLORADO RESORTS
SALES TAX % CHANGE 1992-1991
10.2%
VAIL ESTES PARK
13.2%
ASPEN
14.1%
.3
8.5%
10.8%
5%
15.1%
//
.9r✓
BRECK DURANGO GLENWOOD SILVER STEAM
0.8%
.0%
15.8%
07
VAIL ESTES PARK
JAN - MAY {/ /j JUNE - SEPT