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Home My WebLink AboutPACKET Administrative Committee 1992-09-28ADMINISTRATIVE COMMITTEE September 28, 1992 10:00 a.m. -- Room 103 AGENDA 1. Action Plan for Policy Agenda: 1993 - Review and recommend adoption. 2. Intergovernmental Agreement with Upper Thompson and Estes Park Sanitation Districts concerning Open Records Law. 3. ICMA Prototype Money Purchase Plan and Trust and Adoption Agreement - Renewal of existing agreement. 4. Executive Session - Staff request to discuss personnel matters. Reports: 1. Bank deposit trends. TOWN OF ESTES PARK MEMORANDUM September 25, 1992 TO: Honorable Mayor Dannels and Board of Trustees FROM: Rich Widmer Assistant Town Administrator SUBJECT: ADMINISTRATIVE COMMITTEE AGENDA DISCUSSION ACTION PLAN FOR POLICY AGENDA: 1993 Enclosed is the Action Plan for the fifteen Priority "A" goals set at the goal -setting retreat in June. The "B" and "C" priority goals are shown for information purposes. The lowest ranked "A" goal received at least five votes in the "high priority" category. Town Administrator Klaphake and Assistant Town Administrator Widmer will explain the action plans. This is a draft, and can be changed in any manner you wish before adoption. Recommendation: Recommend to the Town Board the Policy Agenda: 1993 document be adopted as submitted (or with noted modifications) as the guide for policy direction during the 1993-1994 period. INTERGOVERNMENTAL AGREEMENT WITH UPPER THOMPSON AND ESTES PARK SANITATION DISTRICTS CONCERNING OPEN RECORDS LAW These agreements are necessary due to recent revisions in the Open Records Law. Finance Director Vavra will explain the agreements in detail. Recommendation: Recommend to the Town Board the Mayor be authorized to sign the agreements. (303) 586-5331 6 P.O.BOX 1200 ' ESTES PARK, CO 80517 ® FAX (303) 586-2816 ADMINISTRATION 0 FAX (303) 586-6909 OTH ER Town of Estes Park Estes Park, Colorado 80517 Administrative Committee Agenda Discussion - Page 2 ICMA PROTOTYPE MONEY PURCHASE PLAN AND TRUST AND ADOPTION AGREEMENT Enclosed is a letter from ICMA explaining the need to modify this existing agreement. Finance Officer Vavra will explain all necessary changes and answer any questions you may have. Recommendation: Recommend to the Town Board the Mayor be authorized to sign the revised agreement. EXECUTIVE SESSION An executive session will be requested by Town Administrator Klaphake to discuss personnel matters. POLICY AGENDA: 1993 PRODUCED BY MAYOR AND BOARD OF TRUSTEES TOWN OF ESTES PARK, COLORADO JUNE 1992 ACTION PLAN SEPTEMBER 1992 GARY KLAPHAKE, TOWN ADMINISTRATOR RICHARD WIDMER, ASSISTANT TOWN ADMINISTRATOR TOWN OF ESTES PARK INTRODUCTION The Town Board held a formal goal setting retreat on June 10, 1992. Richard Widmer, Assistant Town Administrator, served as facilitator. The Mayor, Trustees, and Town Administrator identified impending issues, reviewed the level of services, and set future goals. From the information presented, the group prioritized the goals into a Policy Agenda: 1993. A complete record on this process is on file at the Assistant Town Administrator's Office and is available for public inspection. PRIORITIZATION ( For purposes of this report, the goals have been rated as "A", "B", and "C" priorities with the "A" priority designation being the highest. ACTION PLAN Since the goal setting retreat, staff has been meeting to prepare an action plan for the "A" priority goals. The action plan describes the goals, indicates the staff and committee assignments, and recommends action steps to be taken. In the future, staff will submit a quarterly progress report to the Town Board. 1 (303) 586-5331 P.O. BOX 1 200 ESTES PARK, CO 80517 a FAX (303) 586-281 6 ADMI N ISTRATION ® FAX (303) 586-6909 OTHER GOAL #2: GOAL #10: COMPLETE COMPREHENSIVE PLAN OVERHAUL ZONING ORDINANCE PRIORITY: A STAFF ASSIGNMENT: Steve Stamey COMMITTEE ASSIGNMENT: Planning Commission ACTION PLAN The Estes Park Comprehensive Plan was adopted in 1978. Design Studies West (DSW) has been hired by the Town of Estes Park to prepare a new comprehensive plan. Based on the new comprehensive plan, it follows that the zoning ordinance should be updated to reflect current community values, trends and desires. ACTION STEPS 1. Comprehensive Plan, Phase I July - December 1992 This six-month work effort will consist of data collection, community analysis, interviews, and a series of community workshops. The 1992 budget included $30,000 for this phase. 2. Comprehensive Plan, Phase II January - October 1993 DSW will be the lead consultant. Based on workshops, Phase II will consist of the preparation of a number of planning elements which will set a framework for growth and development for the next ten years. A series of public workshops will also be conducted. Phase II is budgeted at $200,000. Phase II will also include updated economic and traffic components and a revision of the Downtown Development Plan. EPURA will contribute $50,000 to assist with these efforts. (Net to Town: $150,000) 3. Overhaul Zoning Ordinance January - November 19921k It is anticipated that DSW will again be the lead consultant for this re -write effort. Estimated cost: $25,000. GOAL #1: PRIORITY: STAFF ASSIGNMENT: COMMITTEE ASSIGNMENT: MAXIMIZE USE OF CONFERENCE CENTER A Steve Stamey Community Development Committee ACTION PLAN Tom Pickering was hired in January 1990, as Marketing Director to solicit and book conferences into the Estes Park Conference Center. The Conference Center opened August 24, 1991. At the September 3, 1992, Community Development Committee meeting, a first -year operating report was presented. There are three strategies for Conference Center use: 1. Continue to actively market the Conference Center in the regional conference market. 2. Identify opportunities for Conference Center off-season use (July, August, January, February, March). 3. Identify opportunities for community use and events. ACTION STEPS 1. Present Annual Report, which will identify use levels. 2. Prepare/update 1993 Marketing Plan. 3. Develop Public Relations Program to better distribute information on Conference Center use. 4. Add Conference Center sign to identify groups. 5. In order to maintain and expand the Estes Park Conference Center's position in the conference market, the proposed 1993 Conference Center budget includes addi- tional emphasis on sales and marketing. 6. Develop ideas (Use Plan) for off-season use, and use by local non-profit service organizations. September 3, 1992 Fall 1992 Fall 1991/ Implement 1993 January 1993 January 1, 1993 Fall 1992/1993 GOAL #3: MAINTAIN STRONG FINANCIAL POSITION PRIORITY: A STAFF ASSIGNMENT: Rich Widmer COMMITTEE ASSIGNMENT: Administrative Committee ACTION PLAN This target is a reaffirmation of existing and past Town policies and actions. Even though much new infrastructure has been constructed over the last decade, the financial position of the Town remains strong. To illustrate, the General Fund year-end balance has remained in excess of $1 million each year from 1982 through 1991. The Light & Power Fund year-end cash balances have risen from $1.1. million at the end of 1982 to $2.2 million at the end of 1991. During this same period, the Water Fund cash balance has risen from $.7 million to $1.2 million. This Action Plan will focus on how best to maintain this position. Staff recommends adoption of the following policy statements: 1. The budget should be a planning document with realistic forecasts of revenue and expenses. 2. Establish the following minimums for year-end balances in the funds: General Fund, $300,000; Light & Power Fund, $1,000,000; Water Fund, $500,000. These minimums would serve as goals for staff during the budgeting process, but could be varied by the Board to suit unusual years or economic conditions. 3. Budgeted contingencies should be relatively small, $25-50,000 above that needed for salary adjustments. 4. The adopted Capital Improvement Plan (see Goal #6) should be followed for budget priority and reserve requirements. 5. A written investment policy should be adopted by the Board. 6. A five-year revenue and expense forecast should be developed and maintained. The budget should be compatible with the forecast. 7. Interfund transfers should be rationally based. 8. Staff should continue to monitor monthly revenue and expense line items closely for compliance with the budget. Goal #3: Maintain Strong Financial Position (cont.) ACTION STEPS A. Develop written investment policy January 1993 B. Other budget policies November 1992 GOAL #4: PLAN AND PROMOTE MORE SPECIAL EVENTS PRIORITY: A STAFF ASSIGNMENT: Bob Scott COMMITTEE ASSIGNMENT: Special Events Committee ACTION PLAN During the past three years, the Town has transitioned from the Stanley Park operation into a multi -purpose, Special Events Department. The Special Events Department has continued to attract and support the Summer equestrian events. In addition, the resources of the Special Events Department have been used to support the on -going variety of special events and stimulate new events. We now are becoming more aware of the position of special events on the calendar for economic stimulus. ACTION STEPS 1. Annual review of 1991-92 events (community meeting). These meetings are intended to carefully examine cost- effectiveness of events, weed out weak events, start new events, and position calendars. Spring 1992 2. Special Events budget. October 1993 3. Planning and Programming. January -March 1993 4. Annual Review of 1992-93 events Spring 1993 (community meeting). GOAL #5: GOAL #8: ENCOURAGE DEVELOPMENT OF WINTER ACTIVITIES ASSIST SHOULDER SEASON DEVELOPMENT PRIORITY: A STAFF ASSIGNMENT: Steve Stamey COMMITTEE ASSIGNMENT: Community Development Committee ACTION PLAN As a result of concerns expressed by the close of Hidden Valley Ski area and other general concerns about shoulder and winter season activities, the Town's Community Development Committee established an Economic Development Study Group. Meetings were held starting in March of 1992. The Committee will focus their efforts on updating the economic development options recommended by Browne, Bortz, and Coddington, dated 1983. The categories are as follows: • Problems and Limitations • Strategies and Opportunities • Near -Term Actions • Long -Term Strategies ACTION STEPS A. Continue committee assignment which will Nov. 1992 include a professional critique by a consultant experienced in tourism economics. B. Committee recommendations to Town Board. Dec. 1992 C. Town Board, Planning Commission, etc., study plans for implementation. GOAL #6: PRIORITY: STAFF ASSIGNMENT: COMMITTEE ASSIGNMENT: UPDATE THE CAPITAL IMPROVEMENT PLAN A Bob Joseph Administrative Committee ACTION PLAN 1. Each department will be asked to prepare a list of all potential capital projects, estimated cost in current dollars, funding source, statement of need, and tentative project date for the years 1994-1999. Project categories will include: Public Works Community Development Public Safety Special Events Enterprise Fund and EPURA projects will be shown for information only. 2. This listing will be presented to the Planning Commission and Administrative Committees. After the initial review is completed by both, a revised list will be sent to Town staff for a priority setting process. 3. The Administrative committee will then review the staff priorities and recommend to the Town Board the revised project list. 4. The Town Board will review and adopt the project list. 5. The staff will prepare a cash flow plan, including a CIP Reserve Fund, to fund the projects, and will include items in the 1994 budget as appropriate. 7. The process will be repeated each year to keep the CIP current. ACTION STEPS A. B. C. D. E. F. G. H. I. Memo to departments for project lists Planning Commission review Administrative Committee review Staff Review/priority setting Administrative Committee review Town Board review/adopt Cash flow Plan by staff Budget projects for 1994 Begin revision process Nov. Feb. Feb. March April May/June July/Aug. Fall Nov. 1992 1993 1993 1993 1993 1993 1993 1993 1993 GOAL #7: PRIORITY: STAFF ASSIGNMENT: COMMITTEE ASSIGNMENT: UPDATE STANLEY PARR/MASTER PLAN A Bob Joseph/Bob Scott Special Events Committee ACTION PLAN In April Proposed Economic that an economy. economy. of 1988, the Town received a Feasibility Study of a Indoor Arena and Multi -Purpose Building prepared by Research Associates. In summary, the Study indicates Arena would have a significant impact on the local However, the costs are not covered by the extended Since completion of the 1988 Study, the Town has built a Conference Center. Many of the multi -purpose functions identified in the Study now take place at the Conference Center. Again in July of 1992, the Town reviewed The Stanley Park Master Plan. A report was prepared by Thorpe and Associates, Preliminary Design Study and Master Plan review -- Estes Park Events Center. The purpose of the report was to review the plans for a multi -purpose indoor arena and to reexamine the spacial relationships of buildings and functions at Stanley Park. During the review of the Master Plan, the Town Board instructed Town Attorney Greg White to examine the title of Stanley Park and to initiate the appropriate action to remedy the title. In conclusion, The Stanley Park arena appears to draw economic and functional support. Staff thinks it would be an asset to the community. However, the changing equestrian market, competition for special events and the needed subsidies indicate the need for strong community support for the arena project. Therefore, we recommend the project be put to an election. ACTION STEPS 1. Complete Stanley Park title search. 2. Project information packet available to the public. March 1993 June 1993 Goal #7: Update Stanley Park/Master 3. Special election. 4. If the public supports the project, then financing and design process. 5. Construction. Plan (cont.) September 1993 October -December 1993 January -May 1994 GOAL #9: PRIORITY: STAFF ASSIGNMENT: DETERMINE OPTIONS FOR AFFORDABLE HOUSING A Steve Stamey COMMITTEE ASSIGNMENT: Community Development Committee ACTION PLAN The availability of affordable housing is a growing concern. In 1991, Forward Estes Park contracted for a housing needs study. This study indicated that a large number of households could not either find housing or afford available housing. ACTION STEPS 1. Appoint Housing Study Group. 2. Study Group to meet as necessary. 3. Staff memorandum outlining housing issues, options, approaches, (e.g. develop incentives, code modifi- cation, town role). 4. Study Group review and recommendation to Community Development Committee. 5. Establish Housing Authority. 6. Development incentives referred to appropriate committees. 7. Committees' recommendations to Town Board on development incentives. June 1992 July -Oct. 1992 July 17, 1992 September 3, 1992 January 1993 September 1993'\"\ February 19931 11 GOAL #11: COMPLETE WINDY GAP SALE PRIORITY: A STAFF ASSIGNMENT: Monte Vavra COMMITTEE ASSIGNMENT: Public Works Committee ACTION PLAN This goal is a reaffirmation of the importance of completing the sales of our Windy Gap water to Superior Metropolitan District No. 1. This sale of 35 units of Windy Gap Project water rights was made in 1989. The Town received a long-term note in the amount of $2,543,737 due in four annual installments of $635,934 plus interest at the Town's average investment rate of return. On March 10, 1992, the Town Board approved the 7th Amendment to the sales contract to allow Superior Metropolitan District to make the 1992 payment in eight installments. To date, all 1992 payments have been received in a timely manner. A $635,934 payment plus interest is due March 1, 1993. Recommended actions are: 1. Continue to monitor payments due to the Town. Notify Town Attorney White if the payments are not received. 2. Monitor the yearly debt service payment of approximately $750,000 Superior is required to make to the Conservancy District on April 1st. Plan cash flows so sufficient funds are on hand for the Town to make the payment if required. ACTIONS STEPS A. Monitor yearly payment. March -Oct. 1993 B. Monitor debt service payment. April 1st each year GOAL #12: DEVELOP PARR AND RIDE SYSTEM PRIORITY: A STAFF ASSIGNMENT: Bill Linnane COMMITTEE ASSIGNMENT: Public Works Committee ACTION PLAN Develop the Park and Ride System as an annual Town project. The goal each year will be to generate a daily minimum of 50 extra parking spaces from July 1st through September 15th. A shuttle system, similar to the current trolley system, will be an important part of the program. ACTION STEPS The steps required to achieve a successful Park and Ride system each year are as follows: 1. Establish a review committee composed of private business owners and employees and Town staff. Fall 1992 2. The review committee shall (a) review the Fall 1992 totals for the summer; (b) critique the annual program for improvement; (c) prepare the following year's park and ride program. This will include alternate plans (i.e., trolley vs. Charles Limousine), advertising schedule, cost projections, etc. 3. The review committee will coordinate with January 1993 the Public Works Department and present the summary of the past year and the recommendation for the upcoming year. The review committee will establish an advertising schedule. 4. The Public Works Committee will approve the March 1993 proposed annual system. 13 GOAL #13: ENCOURAGE STRONG CULTURAL ARTS PROGRAM PRIORITY: A STAFF ASSIGNMENT: Gary Riaphake COMMITTEE ASSIGNMENT: Community Development Committee ACTION PLAN The Cultural Arts can be defined very broadly to include visual arts, museums, performing arts, and even literature. In order to clarify the purpose and focus on short-term accomplishable goals, a research and study trip was taken to Steamboat Springs, Colorado, in August 1992. Some observations from this trip include: a. The Town is not prepared in the short-term to fund the building of an Art Museum. b. The Town is not prepared in the short-term to build a performing arts complex. c. The fate of the Estes Park Historical Museum should be kept separate from cultural arts program plans. All of these may be reexamined as the cultural arts community grows and expands over time. In clarifying ways to support cultural arts in the next few years, the visual arts seem in the strongest position to benefit. Two organizations stand out, namely the Cultural Arts Council of Estes Park and the Art Center of Estes Park. With limited resources for this support, the Town will focus its support on only one organization in order to produce a high quality product. Dividing funds and effort is an ineffective response to the goal. After much discussion with Town Trustees and members of the public regarding this choice, it appears that the Art Center of Estes Park has the physical energy to rally support around its goals. Its direction and purpose is clear. It appears that financial support from the Town could more directly develop an effective Cultural Arts program and create a measurable benefit to the public through supporting the Art Center. The Town's support would include direct financial assistance in grant form and indirect assistance through activities like accessing the Town's advertising program. In return for this support, the Town would request that the Art Center expand its mission and bylaws (new and improved Art Council) to focus more on 14 Goal #13: Encourage Strong Cultural Arts Program (cont.) outreach education, and expand its board to include some at -large representation of the arts community, appointed by the Mayor (transfer some of the Cultural Arts Council leadership). ACTION STEPS 1. Discussions with Art Center, Town Board Sept. 1992 and Community members. 2. Town budget approved with funds to support Nov. 1992 the Arts Center under the expanded scope. 3. Art Center implements changes in mission, Jan. 1993 bylaws, and board representation. 4. Art Center develops programs to provide 1993-1994 outreach to the community in the cultural arts. 15 GOAL #14: MAXIMIZE DOWNTOWN PARKING PRIORITY: A STAFF ASSIGNMENT: Dave Racine COMMITTEE ASSIGNMENT: Public Safety Committee ACTION PLAN Develop alternatives to maximize downtown parking. Choose an alternative and implement strategy. The alternatives will be chosen based on cost and the increased benefits to the Town residents and merchants. Maximization of downtown parking will be achieved in two phases: Phase 1: Development of parking alternatives. Phase 2: Choosing an alternative. ACTION STEPS Phase I. Development of Parking Alternatives. December 1992 Staff will meet to "brainstorm" an alternatives list. The following list will be a starting point. A. Do nothing. Here we adopt the philosophy that the Town has reached maximum capacity. This alternative is based on the fact that costs exceed benefits. B. Diversionary Programs instead of construction of new parking lots. Park and Ride is a prime example. The 1992 program proved that improvement was possible through cooperative effort. This system could be continued and most probably improved. C. New Parking Lot Construction. Inexpensive parking, such as the new MacGregor Avenue widening, will be explored first. Multi -level parking garages would then be researched. 16 Goal #14: Maximize Downtown Parking (cont.) D. Relocation of Post Office. This would free up space at a prime parking area. The post office could possibly be relocated to Piccadilly Square or West Park Shopping Center. The Town could help finance the relocation if the cost and benefit figures are solid. E. Pay Parking Lots. F. Consider Parking Improvement District. Phase II: Choosing an Alternative. April 1993 Since this phase is a political action, a committee should be established comprised of staff people, trustee(s), and possibly a representative from the business community. The alternatives and final decision should be determined by the Public Safety Committee. The Public Safety Committee should recommend the path to financing (i.e., 1994, 1995 budgets). 11,7 GOAL #15: COMPLETE CENTRALIZED MAIL DELIVERY PRIORITY: A STAFF ASSIGNMENT: Bill Linnane COMMITTEE ASSIGNMENT: Public Works Committee ACTION PLAN To accomplish Centralized Mail Delivery, the Town must provide approximately $90,000 in funding to construct cluster box concrete bases and road widening. Staff must also provide extensive manpower hours to establish cluster box locations via site visits and neighborhood meetings. The Town staff must establish approximately 90 cluster box locations throughout the Town. This will be accomplished by field visits, right-of-way research and neighborhood meetings. Therefore, due to the expense and staff manpower requirements, it is proposed to accomplish centralized delivery in four to five yearly phases. ACTION STEPS The steps required to accomplish the first phase of the goal are the following: 1. Budget $23,000 for 1993; likewise, USPS will budget their portion for cluster box purchases. 2. Summarize results of the USPS questionnaire and use other reasoning to determine location of Phase I. Present proposed Phase I to Public Works Committee. November 1992 December 1992 3. USPS and Town to establish preliminary locations of actual boxes based on right- of-way research and site visits. 4. Organize neighborhood group meeting to discuss preliminary location of the boxes and establish final locations. Public Works committee to approve the final locations. 5. Bid the Town portion of the project. Public Works Committee to approve bid award. March 1993 July 1993 August 1993 18 Goal #15: Complete Centralized Mail Delivery (cont.) 6. Install the cluster boxes and modify the roadway if necessary. 7. Send a form letter to all affected residents informing them to formally change their mailing addresses with the LISPS. Some residents may decide to keep their boxes at the post office and not change their mailing addresses. 8. Budget cluster box installation money for 1994 and start process over until centralized mail delivery is provided throughout the entire town limits. October 1993 October 1993 November 1993 Other priorities established by the Board of Trustees: "B"" PRIORITY 1. Continue to encourage Chamber to promote and grow. 2— Feasibility study for Town purchase of natural gas system. 3. Economic development diversification. Construct more hike/bike trails. Determine options for transit system with public/private. Emphasize training/professionalism/image of Town employees. 7. Update Urban Renewal Plan. 8. Install entry signs. 9. Relocate Fire Station. 10. Develop annexation strategies. "Cn PRIORITY 1. Assist in planning Art Museum and Performing Arts Theatre. 2. Develop controls with Larimer County -- Beautify EP to RMNP. Q) Investigate merger of Town and EVRPD. 4. Find solution to junk/abandoned cars. 5. Continue Riverwalk East and West to Chamber and Tregent Park. 6. Establish Sister City program. 7. Construct new Parks Shop. 8. Move EPURA meetings to night time. 9. Encourage increased recycling efforts. 10. Develop plan for Bond park renovation. 11. Build an ice skating facility. 12. Work with RMNP to develop outdoor events/programs. 13. Enhance look of area around Conference Center. 20 AGREEMENT THIS AGREEMENT, effective this day of , 1992 by and between the Town of Estes Park, Colorado, a municipal corporation (Town) and the Estes Park Sanitation District, a political subdivision of the State of Colorado (Sanitation District). WHEREAS, the Sanitation District provides a sanitary sewer system serving a part of Larimer County, Colorado under the terms and conditions of Title 32, Article 1, C.R.S.,; and WHEREAS, the Town operates a water system located within part of the Sanitation District; and WHEREAS, the Town's metering system meters the use of water within the boundaries of the Sanitation District; and WIIEREAS, said metering provides certain information useful to the Sanitation District in its operation; and WHEREAS, §29-1-203, C.R.S., provides that the parties may cooperate or contract with one another to provide functions and services lawfully authorized to the individual entities; and WHEREAS, pursuant to the applicable statute of the State of Colorado, the parties hereto are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING THE TOWN AND THE SANITATION DISTRICT AGREE AS FOLLOWS: 1. The Town shall make available to the Sanitation District its metering records for its water service customers located within the boundaries of the Sanitation District. Said records shall include metering information from individual meters, and the names and addresses of the occupants of the premises. 2. The Sanitation District may use the metering information in its billing process. 3. Neither party shall provide any other information to the other party pursuant to the terms and conditions of this agreement. 4. The Town of Estes Park does not warrant in any manner that the metering information given to the Sanitation District is accurate. 5. This Agreement shall remain in force and effect for a period of one year from the date hereof. This Agreement shall automatically renew for additional one year periods unless either party terminates this Agreement by written notice to the other party at least fifteen (15) days prior to the anniversary date of the agreement. Either party may terminate this Agreement at any time upon thirty (30) days written notice to the other party. 6. This Agreement contains the entire agreement between the parties and may be amended only in writing. 7. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered as follows: Town of Estes Park Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 Estes Park Sanitation District 8. This Agreement shall be construed in accordance with the laws of the State of Colorado and any civil action with respect thereto shall be proper only in Larimer County, Colorado. 9. This Agreement shall be binding upon the successors and assigns of the parties hereto. This Agreement may not be assigned by either party hereto without the written consent of the other party. By: ATTEST: Town Clerk ATTEST: TOWN OF ESTES PARK Mayor ESTES PARK SANITATION DISTRICT By: /G�z4/ * "..ter C (A4t 4C4 n O 'FLQ (ecYc? AGREEMENT THIS AGREEMENT, effective this day of , 1992 by and between the Town of Estes Park, Colorado, a municipal corporation (Town) and the Upper Thompson Sanitation District, a political subdivision of the State of Colorado, (Sanitation District) . WHEREAS, the Sanitation District provides a sanitary sewer system serving a part of Larimer County, Colorado under the terms and conditions of Title 32, Article 1, C.R.S.,; and WHEREAS, the Town operates a water system located within part of the Sanitation District; and WHEREAS, the Town's metering system meters the use of water within the boundaries of the Sanitation District; and WHEREAS, said metering provides certain information useful to the Sanitation District in its operation; and WHEREAS, §29-1-203, C.R.S., provides that the parties may cooperate or contract with one another to provide functions and services lawfully authorized to the individual entities; and WHEREAS, pursuant to the applicable statute of the State of Colorado, the parties hereto are authorized to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING THE TOWN AND THE SANITATION DISTRICT AGREE AS FOLLOWS: 1. The Town shall make available to the Sanitation District its metering records for its water service customers located within the boundaries of the Sanitation District. Said records shall include metering information from individual meters, and the names and addresses of the occupants of the premises. 2. The Sanitation District may use the metering information in its billing process. 3. Neither party shall provide any other information to the other party pursuant to the terms and conditions of this agreement. 4. The Town of Estes Park does not warrant in any manner that the metering information given to the Sanitation District is accurate. 5. This Agreement shall remain in force and effect for a period of one year from the date hereof. This Agreement shall automatically renew for additional one year (1) periods unless either party terminates this Agreement by written notice to the other party at least 15 days prior to the anniversary date of the agreement. Either party may terminate this Agreement at any time upon 30 days written notice to the other party. 6. This Agreement contains the entire agreement between the parties and may be amended only in writing. 7. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered as follows: Town of Estes Park Town Administrator P.O. Box 1200 Estes Park, Colorado 80517 Upper Thompson Sanitation District District Manager P.O. Box 568 Estes Park, Colorado 80517 8. This Agreement shall be construed in accordance with the laws of the State of Colorado and any civil action with respect thereto shall be proper only in Larimer County, Colorado. 9. This Agreement shall be binding upon the successors and assigns of the parties hereto. This Agreement may not be assigned by either party hereto without the written consent of the other party. By: ATTEST: Town Clerk ATTEST: WALTON E. BEDINGER, JR. TOWN OF ESTES PARK Mayor UPPER THOMPSON SANITATION DISTRICT GILES H. GERE Chairman of the Board 3 ICMA RETIREMENT CORPORATION September 04, 1992 TOWN OF ESTES PARK TOWN OF ESTES PARK P 0 BOX 1200 ESTES PARK, CO 80517 Dear TOWN OF ESTES PARK: Corporate Headquarters Suite 600 777 North Capitol Street, NE Washington, DC 20002-4240 (202) 962-4600 Toll -Free (800) 669-7400 t?,-;\„„„t,1! SEP 2 1 1992 rOiktil OF ESTES PARK WINCE OF 'K Subj: Forwarding of ICMA Retirement Corporation Prototype Money Purchase Plan & Trust and Adoption Agreement for the TOWN OF ESTES PARK The ICMA Retirement Corporation is pleased to announce that it has received a favorable notification letter from the Internal Revenue Service (IRS) accepting the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust. The Plan is a nonstandardized, regional prototype plan, and the Retirement Corporation is the Plan sponsor. The Tax Reform Act of 1986 (TRA '86) and the Technical and Miscellaneous Revenue Act of 1988 (TAMRA '88) required several technical changes to all qualified retirement plans. Most of these changes became operationally effective on January 1, 1989. The Retirement Corporation advised participating employers of these changes between 1987 and 1989 and has been operating your plan according to the new requirements since January 1, 1989. However, TRA '86 and TAMRA '88 allowed employers until the end of the 1993 plan year to actually amend their plan documents to incorporate these changes. In keeping with our commitment to provide you with easy to administer retirement plans, the Retirement Corporation amended your plan documents for you, in the form of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust. Adoption of this prototype plan will keep your plan in compliance with the changes required by TRA '86 and TAMRA '88 and with all current federal laws and regulations of the IRS. Enclosed is a copy of the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust and the ICMA Retirement Corporation Prototype Money Purchase Plan and Trust Adoption Agreement. To assist you in adopting the plan amendments, the Adoption Agreement has been completed to reflect the terms of your plan, as adopted by you and administered by the Retirement Corporation. ICMA-RC Services, Inc. Member NASD and SIPC. ;s a wholly owned broker -dealer subsidiary of the ICMA Retirement Corporation Because the plan amendments involve your employees' rights under the plan, we urge you to have these amendments adopted by your governing body. However, under the terms of the plan you originally adopted, the Retirement Corporation may amend your plan upon thirty (30) days written notification to you; provided that any such amendment must be for the express purpose of maintaining compliance with applicable federal laws and regulations of the IRS. The amendments to your plan, as reflected in the enclosed documents, are for the purpose of maintaining compliance with applicable federal laws and regulations of the IRS. Therefore, if we have not received a duly executed Adoption Agreement from you by October 04, 1992, the TOWN OF ESTES PARK will be deemed to have adopted the amendments as included herein. Please note that although you have adopted a prototype document, the features you have elected in your Adoption Agreements do not allow you to consider your plan a "prototype plan". Your plan is classified by the IRS as an individually designed plan, which you must submit to the IRS for a determination letter if you wish to obtain assurance that the plan is qualified. The Retirement Corporation will continue to notify you of any amendments it makes to the prototype plan. However as the adopter of an individually designed plan, you will be responsible for maintaining the qualification of your plan. If you would like information on converting your individually designed plan to the Retirement Corporation's Prototype Plan, please let us know. The Retirement Corporation is pleased to have the TOWN OF ESTES PARK as a client and to provide assistance whenever possible. If you have any questions or if the documents are not consistent with your understanding of your plan features, please call me at 800-669-7400. Sincerely, George W. Hawkins, Jr. Qualified Plan Analyst enc. (1) ICMA Retirement Corporation Prototype Money Purchase Plan & Trust Agreement (2) ICMA Retirement Corporation Prototype Money Purchase Plan & Trust Agreement Adoption Page 2 85 80 75 70 65 60 55 50 45 40 35 TOWN OF ESTES PARK BANK DEPOSITS - PNB, EPB, FNB ,.o —.." ..." A, „," - / / / ,' ,-t- 8.9%." ,,,,- / .- " ..---- .".,/ ------- -"- ..-0'4 -8--- ,,,,,--K5. 1 %-- - • -'' ------- .... „2-71:4% „7 ,- .- ----Mr------- ./.--- V,./ ..„., r'''' ../ ...,---- " '-- r/.1% ....---- --- - -1-- 8,9% - SAt, S 7-004.. /Ai -IA 4, 9 .5% 2.?0 112.6% 1984 1985 1986 1987 1988 1989 1990 1991 1992 0 FIRST QUARTER <> THIRD QUARTER 100 90 80 70 60 50 40 + SECOND QUARTER Li FOURTH QUARTER ( ) riely TOWN OF ESTES PARK 9, kic BANK DEPOSITS - PNB, EPB, ENB, HFSL ... .. , / - eae ...„-Er3-.2%• ' • 21-75% 6,3 '45 / / (6.7 t) )2r6.0% ,'''' (7. 40 Y6) -9.4% • 6.1% eti,8YZ) (1' 94.) .....E3-5-5:. ...--- . 3.9% 047 ic) 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 0 % INC FROM PREVIOUS