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HomeMy WebLinkAboutPACKET Town Board 1993-10-12l , BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 12, 1993 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated September 28, 1993. 2. Bills. 3. Committee Minutes: A. Light & Power, October 7 1993. ACTION ITEMS: 1. Light & Power Committee, October 7, 1993: A. Set public hearing date of November 23, 1993 to consider the 1993 Electric Rate Study. B. Lease Agreement with Robert & Nell F. Heron - Prospect Mountain. 2. EPURA Plan Amendment Public Hearing - Town Attorney White. 3. Appointments: A. Trustee - filling vacancy (Aldrich), term expires April 5, 1994. B. EPURA Commissioner - filling vacancy (Pohl), 5-year term expires September 15, 1998. 4. 1994 Budget - Presentation of Resolution Appropriating Sums of Money (Preliminary). 5. Ordinance - Public Purpose Sign, Riverside Plaza. 6. Town Administrator's Report. 7. Motion to enter Executive Session to consult with the Town Attorney regarding current litigation. 1 U[ofuit of listes $18114 Larimer County. Colorado, September 28 93 19...... Minutes of a ..... .Regular.... meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. · Meeting held in the Town Hall in said Town of Estes Park on the ····28th day of ........ September···' A. D. 19..93at regular meeting hour. Meeting called toorder by Mayor . H. kidi-ridird banhals Present: Mayor Trustees: H. B. Dannels George J. Hix, Mayor ProTem Robert L. Dekker, Susan L. Doylen, Also Present: Stephen W. Gillette, Gary F. Klaphake, David Habecker Town Administrator Gregory A. White, *bAir]4: Town Attorney Vickie O'Connor, Town Clerk Absent: None Mayor Dannels called the meting to order at 7:32 P.M. PUBLIC INPUT. Community Development Director Stamey reported that the series of public neighborhood workshops for the Comprehensive Plan were beginning Wednesday, September 29 with the North End and Fall River Road areas. All were urged to attend. CONSENT CALENDAR: 1. Town Board minutes dated September 15, 1993. 2. Bills. 3. Committee Minutes: A. Public Safety, September 16, 1993. B. Public Works, September 23, 1993. C. Planning Commission, September 21, 1993. It was moved and seconded (Dekker/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Public Works Committee, September 23, 1993: Utility Easement for US West - Portion of Rodeo Grounds. Public Works Director Linnane reported that the Committee conditionally approved granting the easement to US West. US West has expressed no problem with expediting additional service to the Museum (Condition 01). Trustee Gillette reiterated that 100 residents were awaiting telephone service, and urged the Town continue its discussions with US West. It was moved and seconded (Habecker/Gillette) the Mayor be authorized to execute the utility easement as requested by US West, and it passed unanimously. 2. Amended Plat of Lots 18. 22 and 30. Grand' Estates Subdivision. Robert & Lois Jurqens/Applicant. Mayor Dannels opened the public hearing to consider the amended plat. Trustee Habecker declared a conflict of interest and stated he would not participate in discussion nor vote. Director Stamey reviewed the plat reporting all Planning Commission conditions had been met and that CDOT had resolved access issues. As there were Board of Trustees - September 28, 1993 - Page 2 no persons speaking in opposition, Mayor Dannels declared the public hearing closed. It was moved and seconded (Hix/Doylen) the Amended Plat of Lots 18, 22 and 30, Grand Estates Subdivision be approved, and it passed unanimously with Trustee Habecker Abstaining. 3. Resolution #24-93 Endorsing the Colorado Tourism Tax. Town Attorney White read a resolution endorsing the Colorado Tourism Board and Colorado Tourism Tax which will be on the November 2, 1993 ballot. As said tax benefits all residents, it was moved and seconded (Hix/Dekker) Resolution #24-93 be adopted, and it passed unanimously. Lou Canaiy suggested a letter of support be given to Senator Bishop. Town Attorney White outlined "electioneering" stating that Town (public) employees are not allowed to speak on issues while on duty; Trustees may do so at any time. 4. Resolution of Respect - Norbert L. Aldrich. Mayor Dannels read a Resolution of Respect for Norbert L. Aldrich who passed away September 16, 1993. The resolution was conveyed to Jackie Aldrich and family. 5. EPURA Plan Amendment. Town Attorney White advised that the i Plan Amendment public hearing has been scheduled October 12, 1993. Progress has not continued, therefore, no further action was necessary at this time. 6. Town Administrator's Report. Town Clerk O'Connor reviewed the Town Board "vacancy" procedure stating that the Trustees may appoint someone to fill a vacancy. At the next regular election, that position would become available. Therefore, at the April, 1994 election, three Trustee positions will be for 4-year terms expiring in 1998, and one Trustee position will be for a 2-year term expiring in 1996. 7. Executive Session to discuss personnel matters. It was moved and seconded (Doylen/Hix) the Board enter Executive Session to discuss personnel matters, and it passed unanimously. There being no further business, Mayor Dannels adjourned the meeting at 7:51 P.M. to enter Executive Session. .................. Mayor Town Clerk eRiC)FORD.U.LISHING.0 RECORD OF PROCEEDINGS Light and Power Committee October 7, 1993 Committee: Trustees Hix and Dekker Attending: All Also Attending: Administrator Klaphake, Light & Power Director Matzke, Clerk O'Connor Absent: None Trustee Hix called the meeting to order at 10:00 A.M. U.S. WEST REPORT ON CONSTRUCTION PROGRAM FOR ESTES PARK AREA. Phil Vasquez, Engineering Manager and Edie Ortega, District Operations Manager/U.S. West, appeared before the Committee at the request of the Public Works Committee to review the construction program for the Estes Park area. Mr. Vasquez presented fact sheets, as follows: Pending Service Requests: new service ......... 36 additional service .. 28 regrade service ..... 126 Of those requesting new service, 32 will be completed by the end of the year. Mr. Vasquez confirmed that customers without service are given highest priority. Those requesting regrades of their service are multi-party customers requesting private lines. Completed Service Requests: new service ......... 95 additional service .. 23 regrade service ..... 36 Capital spending for 1993 and proposed for 1994 were also reviewed. Boundaries for the Estes Park area include only those customers with a 586-exchange. Engineering is now being performed to determine the construction required for the four remaining customers desiring service. Ms. Ortega stated that U.S. West recently installed a new switch in Estes Park; a major Service Improvement Plan is underway an integral part of which is the rural upgrades within the state; investments continue to be made in Estes Park; and the area geography provides a challenge for service installation. Regarding installation information provided to the customer, it is at times difficult to pin point a time-frame for installation. This situation is unacceptable both to the company and the customer, and U.S. West admittedly could improve in this area. Ed Heinz, Engineer/U.S. West confirmed that 1993 construction projects include Dry Gulch, Carriage Hills and miscellaneous small projects in the Estes Park exchange area. Mr. Heinz also reviewed proposed capital projects for 1994. Pertaining to growth, Ms. Ortega confirmed that growth throughout the country, not just in Estes Park, has far exceeded forecasts. The Committee expressed their appreciation to the U.S. West representatives and recommends U.S. West return March 10, 1994 with a progress report. 1993 ELECTRIC RATE STUDY - PRESENTATION. M. E. Kiburz and Associates prepared said electric study for the purpose of updating the Town's retail rates established in 1991 to incorporate PRPA's wholesale rate change, and it is "revenue neutral." The study recommends: (1) a decrease for the residential, small commercial and municipal energy rates; (2) a small increase in the winter season demand and energy charges for BRADFOROPUSLISHINGCO RECORD OF PROCEEDINGS Light and Power Committee - October 7, 1993 - Page 2 the residential demand rate; (3) significant reduction in the summer season demand charge; (4) for the large commercial rate - a slight increase in the energy charge and a decrease in the demand charge; and (5) elimination of the minimum demand ratchet for most large commercial customers, reserving the right to impose a 60% minimum demand charge by season for a customer that peaks only in a month coincident with PRPA's seasonal peak load. Staff reported that Town Attorney White has not completed his review to ensure that the Outdoor Area Lighting Rate conforms to TABOR. Mr. Kiburz thoroughly reviewed the methodology utilized to prepare the rate study and subsequent rate classifications. The study confirmed that it is now appropriate to include weekends and certain holidays in the off peak period for the time of day rate. This category reflects a slight increase in the on-peak energy charge and a slight decrease in the off-peak energy charge for the residential time of day rate. A small increase in the on-peak energy charge is recommended for the large commercial time of day rate. The off-peak demand charge for both time of day rates would be eliminated. New rates include the Outdoor Area Lighting Rate, Residential Time of Day Energy Rate and a Small Commercial Time of Day Energy Rate. The Purchase Power Rider, which allows the Town to pass through wholesale rate changes to all rate classes, will now be based upon the PRPA rate in effect since April, 1993. The amount of the purchase power rider will be zero until the wholesale rate from PRPA changes. The Committee recommends the rate changes included in the 1993 Electric Rate ,Study be forwarded to the Town Board for consideration at a public hearing on November 23, 1993. PROSPECT MOUNTAIN LEASE AGREEMENT - PRESENTATION. Director Matzke presented the proposed lease agreement between the National Park Service and Robert and Nell Heron allowing the Town to construct and maintain its radio facilities on Prospect Mountain. The previous agreement, which expired at the end of 1992, included a 5-year term, covered an unspecified number of transmitters, and cost the Town $1,000/year. The proposed agreement lists the Towns existing facilities, calls for additional rent if the Town installs facilities in addition to those listed, the rent for the first year is $2,400 with annual increases indexed to the Denver CPI, and includes a 5-year term with an option to renew for two additional 5-year terms. The agreement provides the Town a long-term location to operate its radio equipment. The Police, Water and Fire Departments will pay $600.00/each and the remaining $600.00 will be divided among the balance of the Town departments. Staff confirmed that the lease would remain in force should the property be sold and that Town Attorney White has not completed his review to ensure the Agreement conforms to TABOR. The Committee recommends approval of the lease as presented. REPORTS. The Committee reviewed the August financial report and associated graphs. Project Updates. The Meter Department recently began a current transformer metering test program. A current transformer accurately passes a fraction of the customer's total load through the electric meter. For this reason, a multiplier is applied to the meter readings at these locations to determine the actual consumption. The Department presently serves 17,200 customers of which 103 have multipliers. The vast majority of these accounts are commercial customers. After testing five current transformer installations, Meter Department personnel discovered errors in the BRADFOR. PUBLISHING.0 RECORD OF PROCEEDINGS Light and Power Committee - October 7, 1993 - Page 3 billing multiplier for three of those accounts. Two customers were being overbilled and one customer was being underbilled. The customers that were overbilled have received a refund and the remaining customer will not be "back billed." These three multipliers have been- corrected and the remaining 98 verified. Due to the recent amendment to the Open Records Law, identification of the three accounts was not provided. The testing program will continue. The hand-held meter reading equipment has been implemented. Meter Department personnel received three days of on-site training and the system was activated on Friday, Odtober 1. Personnel efficiency should be realized in the Finance Department as the previous paper meter book system will be eliminated and meter reads will no longer be keyed-in by hand. The Prospect Mountain extension has been completed and additional dormitories have been connected at the Honda School. There being no further business, Trustee Hix adjourned the meeting at 11:28 A.M. 3~2.0 0. 6-a~J Vickie O'Connor, CMC, Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Light and Power Committee - October 7, 1993 - Page 2 he residential demand rate; (3) significant reduction in t mmer season demand charge; (4) for the large commercial rate a Sl t increase in the energy charge and a decrease in the mand char · and (5) elimination of the minimum demand ratchet r most large c ercial customers, reserving the right to im se a 60% minimum de nd charge by season for a customer that ks only in a month coin ' ent with PRPA's seasonal peak load. aff reported that Town Atto ey White has not completed his view to ensure that the Outdoor ea Lighting Rate conforms t ABOR. Mr. Kiburz thoroughly viewed the methodo y utilized to prepare the rate study and sub quent rate cla ifications. The study confirmed that it is no appropria to include weekends and certain holidays in the off ak pe od for the time of day rate. This category reflects a sli t crease in the on-peak energy charge and a slight decrease in e off-peak energy charge for the residential time of day rat A mall increase in the on-peak energy charge is recommend for th arge commercial time of day rate. The off-peak dema charge for th time of day rates would be eliminated. New ra s include the 0 door Area Lighting Rate, Residential Time of y Energy Rate and a all Commercial Time of Day Energy Rate. e Purchase Power Rider, ich allows the Town to pass through olesale rate changes to all ate classes, will now be based on the PRPA rate in effect since ril, 1993. The amount of t purchase power rider will be zero unti the wholesale rate from A changes. The ittee recommends the rate changes included in 1993 El ric Rate Study be forwarded to the Town Boar for nsideration at a public hearing on November 23, 1993. l.6. PROSPECT MOUNTAIN LEASE AGREEMENT - PRESENTATION. -~ Director Matzke presented the proposed lease agreement between the National Park Service and Robert and Nell Heron allowing the Town to construct and maintain iti radio facilities on Prospect Mountain. The previous agreement, which expired at the end of 1992, included a 5-year term, covered an unspecified number of transmitters, and cost the Town $1,000/year. The proposed agreement lists the Towns existing facilities, calls for additional rent if the Town installs facilities in addition to those. listed, the rent for the first year is $2,400 with annual increases indexed to the Denver CPI, and includes a 5-year term with an option to renew for two additional 5-year terms. The agreement provides the Town a long-term location to operate its radio equipment. The Police, Water and Fire Departments will pay $600.00/each and the remaining $600.00 will be divided among the balance of the Town departments. Staff confirmed that the lease would remain in force should the property be sold and that Town Attorney White has not completed his review to ensure the Agreement conforms to TABOR. The Committee recommends approval of the lease as presented. B!»BORTS. The CommiEha,~viewed the August financial report and aima/0/ted graphs. Project Updates. The Met~+ulpartment..0,€6~~ly began a current transformer metering test p23&lith-- A current transformer accurately passes a fractigg./40£.Re-3**emer' s total load through the electric meter. -f)80€nis reason, a ni~*.i.alier is applied to the meter readiqg#.-51 these locations to defM»•42-e the actual consumption.-+Wle Department presently serves 17,206'mustomers of which 1(U-MDe multipliers. The vast ma j ority of these**CRunts are-gplf#h-@rcial customers. After testing five current transfo-Fner ~*vallations, Meter Department personnel discovered errors in the LEASE AGREEMENT THIS LEASE AGREEMENT is entered into this day of , 1993, between ROBERT HERON and NELL F. HERON (Lessors) and THE TOWN OF ESTES PARK, COLORADO (Lessee). The parties agree as follows: 1. LEASE OF PREMISES. The Lessors do hereby lease to the Lessee the right to operate radio transmission and reception systems located in buildings and towers owned by the Town of Estes Park, the National Park Service, and the U.S. Bureau of Reclamation all located on land owned by the Lessors; and to use the access road across the Lessors' property for ingress and egress purposes, all located on the Prospect Mountain radio site near Estes Park, Larimer County, State of Colorado, and all subject to the following terms and conditions: 2. USE The Lessee shall be entitled to non-exclusive use of the operation of transmission and reception of radio communication systems listed in Exhibit "A" and access to the radio site. The site shall only be used for the installation, operation and maintenance of communication equipment. 3. TERM The term of this lease shall be for five (5) one (1) year periods commencing on the first day of January 1994 and ending on the 31st day of December 1998. The Town shall have the right to terminate this lease agreement by giving Lessor sixty (60) days notice in writing prior to the end of any calendar year. In said event, this lease shall terminate on December 3lst of that year. The Lessee shall have the option to extend this lease for two (2) additional five (5) one (1) year periods. The Lessee shall give the Lessor written notice of its intent to extend this lease at least six (6) months prior to the base term, or any extended term, such notice to be in writing and delivered to Lessors at the address specified in Paragraph 8 hereof. In the event that this lease is extended for the additional period, all terms and conditions of this lease shall remain in force and effect. 4. RENT Upon the commencement date, and annually thereafter, the Lessee shall pay the Lessors, as rent, the sum of Two Thousand Four Hundred Dollars ($2,400.00) annually (rent). Rent shall be payable on the first day of each 12-month period, in advance, to the Lessors at the Lessors' address recited in Paragraph 8 hereof. The rent shall increase for radio systems installed in addition to those listed in Exhibit "A." Ltase Agreanal 1993 Heron/Town of Estes Park 6 pages 1 Unless otherwise mutually agreed, the annual rental increase shall be the percentage increase in the Consumer Price Index for the Denver (City) Metropolitan Statistical Area. The Lessors shall be responsible for communicating the amount of the rental adjustment to the Lessee and shall provide supporting data, if any, upon which the adjustment is calculated. The percentage increase shall be payable on the next annual payment. If this Lease is terminated at any time as' the result of Lessee's default, no rentals shall be prorated as of the date of termination. The parties agree and acknowledge that this Lease Agreement does not constitute a multiple-fiscal year debt or financial obligation of the Lessee based upon the Lessee's ability to terminate this Lease Agreement pursuant to Paragraph 3 of the Lease. Lessor acknowledges that Lessee has made no promise to continue to budget and appropriate funds beyond each fiscal year and that Lessee's only obligation is to pledge adequate financial reserves for the fiscal year of 1994 and all subsequent calendar years in which Lessee has exercised its option to renew. Lessor understands and agrees that in the event that Lessee terminates this Agreement, pursuant to the provisions of Paragraph 3, that the obligation of Lessee for any further payments to Lesser is terminated. 5. LIABILITY The Lessee shall providethe Lessors with certificates of liability insurance for general liability insurance in an amount of no less than One Hundred Fifty Thousand Dollars ($150,000) per person, and Six Hundred Thousand Dollars ($600,000) per occurrence, and Fifty Thousand Dollars ($50,000) property damage, naming the Lessors as additional insured on the policy or policies. Lessee may satisfy this requirement by obtaining appropriate endorsement to any umbrella policy or liability insurance the Lessee may maintain. Lessee may provide for property insurance set forth above partially or wholly by means of a self insurance fund as provided by law. The parties understand and agree that the Lessee is relying on, and does not waive or intend to waive, by any provision of this Lease, the monetary limitations (presently $150,000 per person and $600,000 per occurrence) or any rights, immunities and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101, et seq. C.R.S., as from time to time amended or otherwise available to Lessee or any of its officers, agents or employees. The Lessors will not be responsible for any losses of any kind, including but not limited to, fire, theft, vandalism, hazardous road or weather conditions, fluctuations of power voltage, wind, or lightning. 6. INDIU,iNrrY Lessee agrees to indemnify, protect and save harmless the Lessors from any and all claims, demands and liability for any loss, damage or injury, including death, or other like or different casualty to persons and property used by and growing out of, or happening in connection with Lessee's use and occupancy of the aforesaid premises, and any equipment located or to be located thereon, due to the negligence of Lessee, its agents, servants, or employees. Lease Agreement 1993 Heron/rown of Estes Park 6 pages 2 7. CONDITION OF SITE During the Initial Term and any Renewal Term, the Lessee shall be responsible for any and all damages to the site caused by or directly attributed to any actions by the Lessee or its representatives. Upon termination or expiration of this Lease Agreement, the Lessee will surrender its use at the site in good condition except for damages due to causes beyond the Lessee's control or without its fault or negligence. The Lessee further agrees not to construct any additional improvements upon the site without the prior written approval of the Lessors. 8. . NOTICES All notices required or permitted hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified or registered mail, return receipt requested, or sent by overnight carrier to the following addresses: If to Lessors, to: Robert Heron and Nell F. Heron 2135 South Monroe Street Denver, CO 80201 If to Lessee, to : Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Or if a more current address, or name, has been given to the other party in writing, to such other address, or name. 9. WAIVER Failure or delay on the part of the Lessors to exercise any right, power or privilege hereunder shall not operate as a waiver thereof. 10. DEFAULT If any rent shall be more than ten (10) days past due or the Lessee shall be in default of any of its other obligations hereunder and such default shall continue for a period of more than thirty (30) days after written notice thereof, then the Lesser may terminate this Lease Agreement and declare the rent for the entire remaining term of this Lease Agreement immediately due and payable and proceed to collect the same, or the rent for the entire remaining term of this Lase Agreement immediately due and payment of rent provided that such acceptance shall not constitute a waiver of the requirement for timely payment of rent as provided herein. The Ltase Agreement 1993 Heron/rown of Estes Park 6 pages 3 Lessee agrees to pay, in addition to all sums hereunder, all of the Lessor's costs in enforcing its rights under this Lease Agreement, together with the Lessor' s reasonable attorneys' fees, if any. 11. ASSIGNMENT The Lessee shall not assign its rights under this Lease Agreement or any interest herein, or convey the whole or any portion of the leased area, without the prior written consent of the Lessors. 12. ENTIRE AGREEMENT This Lease Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior offers, negotiations, and agreement, whether written or oral, between the parties hereto with respect to the subject matter hereof. 13. TAXES Lessee shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the facilities belonging to the Lessee. Lessors shall pay when due real property taxes and other fees and assessments attributable to the property in an amount not to exceed the amount of the 1992 taxes. Lessee shall pay as additional rent any increase in real property taxes levied against the property or towers in excess of the amount of taxes for the year 1992, payable in 1993, if it is determined that such increase is attributable to Lessee's use of the defined premises. 14. INTERFERENCE In the event that the Lessee causes any harmful interference to existing lessees, the Lessee must terminate or cure its operation within forty-eight (48) hours. The Lessee may then either remedy or remove its equipment. All responsibility and expenses related to interference shall be born by the Lessee and not the Lessors. If such interference cannot be eliminated, the Lessees may terminate this Lease by giving thirty (30) days notice prior to such termination. The Lessors will use their best efforts to prevent future lessees from causing harmful interference to the Lessee. All transmitters installed by the Lessees at the site shall be properly licensed and operated in accordance with the Federal Communications Commission (FCC) rules and regulations, and a copy of the license shall be posted with the transmitting equipment. All licensing and any subsequent licenses shall be at the sole expense and responsibility of the Lessee, including any penalty or enforcement imposed by the FCC. Lease Agreement 1993 Herm/Town of Estes Park 6 pages 4 15. CANCELLATION OF LEASE This Lease Agreement may be cancelled by mutual consent of the Lessee and the Lessors for non-payment of rent or any violations of the terms of this Lease Agreement. This Lease Agreement shall be irrevocable during its term and shall continue in force unless or until terminated by any of the parties hereto only in accordance with and as allowed under the terms of this Agreement. Thereupon, this Lease Agreement shall absolutely end. 16. IMPROVEMENTS Lessee shall have the right, at its expense, to place and maintain at the site improvements, personal property, and facilities, which include radio transmitting and receiving antennas and electronic equipment, and in addition, attached structures, all with the approval of the Lessors during the term of this Lease, with notice to the Lessors. The property placed upon the premises by the Lessee shall remain the exclusive property of the Lessee, and the Lessee shall have the right to remove its said property at any time in whole or in part and within any reasonable time following any termination of this Lease, if the Lessee shall not be in default at that time. . I . 17. UTILITIES ill VII The Lessee will be responsible for the supply and payment of all AC and/or DC power used on premises by the lessee. 18. ACCESS Lessee agrees to keep the gate across the access road locked at all times. The Lessors are obliged to provide the Lessee with a key to said gate and will subsequently provide new keys as necessary when the lock to said gate is changed. It is agreed that the Lessors will not provide maintenance on the road during the winter months and that, therefore, the site may not be accessible. Inclement weather restricting access shall not impose a liability on the Lessors. Ikase Agreement 1993 Heron/Town of Estes Park 6 pages 5 EXIIIBIT "A" TOWN OF ESTES PARK RADIO SYSTEMS ON PROSPECT MOUNTAIN SYSTEM FCC LICENSE FREQUENCY BUILDING LOCATION Municipal 8805225761 159.315 Town Police CH 1 9107256134 159.910 U.S. Bureau of Reclamation CH 2 9107256134 155.475 Nat'l Park Service Fire Channel 8905235083 159.405 Nat'l Park Service Water Department 757759 952.35625 Nat'l Park Service Lease Agreement 1993 Heron/Town qf Estes Park 6 pages 6 Board of Trustees - September 28, 1993 - Page 2 n ersons speaking in opposition, Mayor Dannels declared the pub c hearing closed. It was moved and seconded (Hix/Doylen the nded Plat of Lots 18, 22 and 30, Grand Est s Subdivi n be approved, and it passed unanimousl with Trustee Ha cker Abstaining. 3. Resolution #24- Endorsing the Colorado Tou m Tax. Town Attorney White r a resolution endor g the Colorado Tourism Board and Co ado Tourism Tax 1ch will be on the November 2, 1993 ballot. As said ta enefits all residents, it was moved and seconde Hix/D er) Resolution #24-93 be adopted, and it passed unan y. Lou Canaiy suggested a letter of support be given ator Bishop. Town Attorney White lined "elec neering" stating that Town (public) em ees are not allow to speak on issues i while on duty; ustees may do so at any e. 4. Resolutio of Respect - Norbert L. Aldrich. or Dannels read a solution of Respect for Norbert L. Aldrich o passed awa eptember 16, 1993. The resolution was con ed to J ie Aldrich and family. 22. 1<0 EPURA Plan Amendment. Town Attorney White advised that the Plan Amendment public hearing has been scheduled October 12, 1993. Progress has not continued, therefore, no further action was necessary at this time. ' 6. PbNLadministrator' s Report. Town Clerk O' Connor re¥*g*w~d*the Town Bdn6-Uacancy" procedure stating that --Gustees may appoint some oRN~'•44.- fill a vacancy. -1€'Gie next regular election, that posi€73»·,qud become•«f~lable. Therefore, at the April, 1994 election, tiiD€Trustee positions will be for 4-year terms expiring ip-~S, 1118.ene Trustee position will be for a 2-year tzp-€Rpiring in 199. 7. Executive s»00'Ion to discuss Personnel matters'>•.It was moved and secode-d (Doylen/Hix) the Board enter Executilihesion to d~,~0~ personnel matters, and it passed unanimously.J There being no further business, Mayor Dannels adjourned the meeting at 7:51 P.M. to enter Executive Session. .................. Mayor Town Clerk RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SETFORTH BELOW, FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE 1994 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law on November 23, 1993; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as setforth in said budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: THAT the following sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated: General Fund: Current Operating Expense .:......... $ 6,306,297 Capital Outlay ................... 225.000 TOTAL GENERAL FUND $ 6,531,297 Museum Fund: · 168,020 Conference Center Fund: 452,924 Conservation Trust Fund: 42,370 Special Events Fund: Current Operating Expense . . . . . . . . . . . 422,760 Capital.Outlay . . . . . . . . . . . . . . . . . . . 37.100 TOTAL SPECIAL EVENTS FUND 459,860 -- Light and Power Fund: Current Operating Expenses ........... 5,815,128 Capital Outlay .................... 424.820 TOTAL LIGHT and POWER FUND 6,239,948 Water Fund: Current Operating Expenses ........... 1,328,313 Capital Outlay .................... 264.120 TOTAL WATER FUND 1,592,433 Self-Funded Medical Ins. Fund: · 100,500 Fleet Maintenance Fund: 192,160 Firemen's Pension Fund: 41,900 Policemen's Pension Fund: 6.588 GRAND TOTAL $15,828,000 ADOPTED this 23rd day of November, 1993. Mayor ATTEST: Town Clerk ORDINANCE NO. AN ORDINANCE APPROVING A PUBLIC PURPOSE SIGN FOR RIVERSIDE PLAZA WHEREAS, Section 17.66.190(B)(5) provides that signs specifically authorized for a public purpose by Ordinance may be allowed within the Town of Estes Park; and WHEREAS, the Town Board has determined that there is a need for banners indicating entertainment groups using Riverside Plaza; and WHEREAS, the Board of Trustees wishes to approve said banners pursuant to the terms and conditions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. ' 4 Section 1. The Board of Trustees hereby authorizes the use : Of banners for the purpose of identifying performances in ~ Riverside Plaza, subject to the following terms and conditions: A. The banner is to be displayed only during the performance. B. Banner sleeves shall be placed at Riverside Plaza for said banners under the coordination of Public Works and Community Development staff. C. The Community Development staff shall be responsible for the administration of this program and may develop such rules and regulations as are necessary for this program and consistent with the provisions Of Section 17.66.190(B) (5) of the Municipal Code. 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 OCTOBER, 1993. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 0- -. I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of October, 1993 and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of October, 1993. Town Clerk f , BRADFOMOPUBLISHING CO. RECORD OF PROCEEDINGS ? i . Public Works Committee September 23, 1993 Committee: Chairman Habecker, Trustees Doylen and Gillette Attending: All Also Attending: Mayor ProTem Hix, Town Administrator Klaphake, Public Works Director Linnane, Const. Mgr. Sievers, Clerk O'Connor Absent: None €hairman Habecker called the meeting to order at 10: 00 A. M. 199 0 144TER LINE PROJECTS SCOPE OF SERVICES - REOUEST CHAVe·m ORDER APPROVAL.0~ Director LinnR?hheutlined RMC' s request for 4)46~~ional $4,000 to perform supplemeribldesign and construp/fEn management services for the East Riversid+QIive and BoydJ•Me Interconnection portions of the 1993 project. gb.U neqgbfibed the additional sum which does not contain any prof BJEr the job. Discussion followed concerning budget impacts,fldlhh®ber the Town should establish a procedure whereby To~,0'staff wouhkbe advised prior to the submittal o f additigil costs. RMC Rep?Da~tative Kerry Prochaska advised that thydcreased cost was due to-~bl,e. number of changes (obtaining ea,€ments, etc.) that occurred, noha-of which were major. po,Wfbly, easements should be obtained pridht, beginning design J•drk. The Committee recommends approval of -Ehe.€hange ordep•trging staff to establish a procedure and/or form to nal<ye, is,Fossible, such an occurrence in the future. RIVERSIDE PLAZA - REOUEST TO INSTALL BANNER "SLEEVES". t> In a memorandum dated August 12, 1993, Special Events Coordinator Hinze requested banner sleeves be installed at Riverside Plaza. The Special Events Department manages all entertainment held in the Plaza and the majority of all groups display a banner recognizing the group while they are performing. 'The performance area does not have a designated banner area, thus, the banners are being displayed on rocks, trees, etc. The Department is suggesting the banners be displayed only during the performance not as an advertisement of an upcoming event. Administrator Klaphake reported that such signs are heavily scrutinized and only allowed by ordinance. Following discussion, including an observation by David Czapp relating to canopy use/public safety, the Committee recommends the Town Attorney be authorized to prepare an ordinance authorizing the banner sleeves in Riverside Plaza, directing Public Works and Community Development staff to coordinate size specifics. 'bm.]~T - REOUEST EASEMENT ON THE WEST END OF THE RODEO GROUNDS. In a ~~Nated September 13, 1993, US West requested-I,*/f~~ent for the purpoihet adding and upgrading telephone,€F-Vice to and around the Recla-Rth,•Lon Subdivision area. -+--director Linnane confirmed that staff ha290<-objection to *-6-asement request. The Committee questioned whetheht.b-e Tot€_D.•~Es in receipt of US West ' s Master Plan, and expressed cond*Difhat possibly 100 citizens are awaiting telephone service ipe€Enti-Rhwaiting list of 1-2 years) . Staff advised that PUC rspefrtly conduct£2'~alublic hearing in Estes Park and that Town 03&26-ials as well as resiBb,4,0 did convey their concerns. The qg»,trittee favors basic service fhN,~1 requesting such service J,M'lieu of upgrading existing service. cs..truction Mgr. Sievatf reported on the Town' s request to US We2b.that additio,fit lines be provided for the Museum. Should the easemht t>'66rably recommended, Mgr. Sievers requested the Committee