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HomeMy WebLinkAboutPACKET Town Board 2002-11-26Prepared 11/21/02 The Mission of the Town of Estes Fark le to plan and provide reliable, hi0h-value services for our citizens, visitors, and rl I employees. We take dreat pride eneurinG and enharicinG the G[uality of life in our community by being 0ood stewarde of public resources and natural eettin0. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 26,2002 7:00 p.m. AGENDA PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 12, 2002. 2. Bills. 3. Committee Minutes: A. Light and Power, November 14, 2002: 1. 2003 Proposed Electric Rate Increase - Set public hearing on January 14, 2003. 2. Baldpate-Big Owl Three-Phase Update - Change Order, $20,385.00. 3. Decorative Streetlight Replacement Program - Selection of "Town Commons" style fixture and light specifications. 4. Policy/Procedure Manual Revision - Fee Assessment on Special Meter Reads. 5. Electric Thernial Storage Heater Program - Eliminate Rebate. B. Public Works, Noveinber 21, 2002: 1. Mary's Lake Raw Water Pump Project - Construction Management Scope of Services with Cornerstone Engineering, $59,100.00. 2. Cardboard Recycling Project - To be discontinued November 30,2002. 3. E.V.R.P.D. and Park School District - Approval of the lease of 135 ac. ft. of water for 2003. 1 Continued on reverse side 4. Resolution #36-02 - New Hotel and Restaurant Liquor License filed by Joshua Henderson, dba THE REDSTONE RESTAURANT, 225 W. Riverside Drive (former Post Office Cafa) - Set public hearing on January 14, 2003. 2. ACTION ITEMS: 1. REVISED PUBLIC MEETING NOTICE PRESENTATION. Town Attorney White. 2. 2003 PAY PLAN PROPOSAL - APPROVAL. Town Administrator Widmer. 3. SIGN CODE SECTION FOR OUTSIDE DISPLAYS - RECONSIDERATION. 4. APPOINTMENT - ESTES VALLEY PUBLIC LIBRARY BOARD. Appointment of Julie Parker, replacing Al Wasson, *completing a 4- yr. term, expiring 12/31/03. 5. TOWN ADMINISTRATOR'S REPORT. MEETING CANCELLATION NOTICE: Due to the upcoti,ing holiday schedule, the Town Board Meeting scheduled December 24,2002 has been cancelled. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 % l Town of Estes Park, Larimer County, Colorado, November 12, 2002 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 1201 day of November, 2002. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker Stephen W. Gillette David Habecker Lori Jeffrey-Clark G. Wayne Newsom Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek opened the meeting at 7:00 p.m. and introduced Roger M. Thorp, AIA/Thorp & Associates Architects. The American Institute of Architects, Colorado North Chapter, presented a Design Honor Award for the Gateway Sign to Mr. Thorp, Thorp Associates, Town of Estes Park, and the Rotary Club of Estes Park, and a framed certificate was conveyed to Mayor Baudek. PUBLIC COMMENT None. TOWN BOARD COMMENTS None. 1. CONSENT AGENDA (Approval oft: 1. Town Board Minutes dated October 22, 2002, and Town Board Budget Meetings dated October 30 and November 5,2002. 2. Bills. 3. Committee Minutes: A. Public Safety, October 23,2002: 1. Fines & Fees Schedule, Police Records Unit 2. 2003/2004 Goals & Objectives 3. 2002 Budgeted Vehicle Purchase, Estes Park Auto Mall, $11,334 w/trade-in. B. Community Development, November 7,2002: Special Events Dept. 1. "Celebrate Estes" Events, December 7 & 8,2002, sponsored by the Chamber Resort Association: a. Entertainment Permit J Board of Trustees - November 12,2002 - Page 2 b. Horse-Drawn Wagon c. Resolution #32-02 - Sidewalk Sale. 2. Auto Show August 22, 2003, addition of MacGregor Ave. Street Closure to event. 4. Estes Park Housing Authority, September 11,2002 (acknowledgment only). 5. Estes Valley Board of Adjustment, November 5, 2002 (acknowledgement only). 6. Estes Valley Planning Commission, October 15, 2002 (acknowledgement only). 7. Resolution #30-02 - Authorizing the submittal of an Application for a Temporary Use Permit for the 9 ac. ft. units of CBT Project water (Longmont Country Club, Town Board 10/08/02). 8. Memorandum of Understanding - Extending the availability of Light and Power Enterprise Funds to EPURA pending the sale of the Bob's Amoco property or until December 31, 2003. It was moved and seconded (Doylen/Gillette) the Consent Agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA: 1. ACTION ITEMS: A. ESTES VALLEY PLANNING COMMISSION - APPOINTMENT. Mayor Baudek introduced Richard E. Homeier for appointment to the Estes Valley Planning Commission, replacing Ed McKinney who resigned August 2~th. Mr. Homeier will complete a 4-yr. term, expiring December 31, 2004. It was moved and seconded (Habecker/Newsom) Richard Homeier be appointed to the Estes Valley Planning Commission, with his term expiring December 31, 2004, and it passed unanimously. . B. FINAL CONDOMINIUM MAP AND EXTENSION OF VESTING PERIOD FOR DEVELOPMENT PLAN #02-18 - LAZY R WEST. Mayor Baudek opened the Public Hearing, and Community Development Dir. Joseph presented the staff report: this map application reserves the right to build five resort lodge/cabin units and to condominiumize the three existing resort lodge/cabin units. Zoning is "A" Accommodations/Highway Corridor. The Town Board conditionally approved the preliminary condominium map 10/8/02 and all conditions have been addressed. Regarding the Development Plan Vesting Period, the Town Board may grant a vested right period of more than three years upon a finding that sizing and phasing the development, economic cycles and market conditions require a vesting period of greater than three years. Staff is recommending approval of the final condo map w/three conditions as contained in the staff report. Joe Coop/Van Horn Engineering, Applicant's representative, commented on the 4-yr. vesting period request, substantiating the Applicant's desire to phase the development due to the economy. Vested rights are required to ensure the Town that the approved development plan proceeds as approved. There being no further testimony, Mayor Baudek closed the Public ,Hearing, and it was moved and Board of Trustees - November 12, 2002 - Page 3 seconded (Doylen/Gillette the Final Condominium Map for Development Plan #02-18 be approved, to include a vesting period extension to 4 years, and it passed unanimously. C. ESTES PARK SIGN CODE - ADOPTION. Trustee Habecker declared a potential conflict of interest, and stated he would not participate in discussion as Trustee, and joined the audience. Mayor Baudek opened the public hearing, and Community Development Director gave an overview of the Sign Code, confirming that the Code pertains only to property located inside Town limits. ' The current Code has been in plac& for approximately 30 years without any revision, and staff is editing verbiage to improve readability, interpretation, and workability. The measurement provision was clarified, with staff confirming that the existing formula for 3 dimensional signs is being retained. Additionally, pursuant to the difficulty in legally differentiating between merchandise, the Planning Commission could not forward a recommendation on adoption of the Sign Code. Pursuant to research, staff is recommending the sign permit fee be increased from $10.00 to $75.00. Code Enforcement Officer Sigler commented that staff time to issue one permit is approximately 4 hours. Unless otherwise directed by the Town Board, staff intends to actively enforce the prohibition of off-site real estate signs; this regulation is not new and is contained in the current version of the Sign Code. Discussion followed on the size limitation of the American Flag, 40 sq. ft. Displays for standard holidays, such as July 4'h, are exempt, and this regulation does apply to private residences. Regarding a violation that is considered by the Board of Adjustment (BOA), staff responded that pursuant to the Estes Valley Development Code, the Community Development Director is empowered to review violations and require the violation (in this case a sign) be removed until such time as the matter is heard by the BOA. The Board also considered the amortization period of six years six months for non-conforming signs. Staff confirmed that the amortization period is included in the revision. Town Attorney White added that pursuant to the existing Sign Code, there are two categories of signs: conforming or illegal. Additionally, the BOA cannot grant a variance based on financial arguments when a sign must be brought into conformance upon adoption of new/revised regulations. Director Joseph responded that the Sign Code revision is a modest attempt to improve interpretation for the property owner and staff. Attorneg White responded that the revision has corrected a regulatory issue with multiple businesses on one lot for calculation purposes. Audience comments were heard from Hank Glover, Twisted Pine Fir and Leather ((supports outside displays; in his opinion, regulations are intended for the downtown area; does not believe there is a problem with outside displays in the C-O District.). Deeva Boleman (it is common practice to display both the American and State flags and suggested including the State flag in the size limitation.). David Habecker (his interpretation of the revised Sign Code, Section 17.66.080 turns his conforming "sign tower" into a non-conforming sign, potentially resulting in a financial burden.). Director Joseph confirmed that Section 17.66.080 is not being revised, and that the proposed revision should Board of Trustees - November 12,2002 - Page 4 not cause an existing sign to be changed, based on method of measurement. Town Attorney White read Ordinance #17-02. There being no further testimony, Mayor Baudek closed the Public Hearing. Trustee comments were heard in support of and against outside storage and complaints received thereof, amortization schedule, and total square footage allowed for each business (150'). Concluding discussion, it was moved and seconded (Doylen/Newsom) Ordinance #17-02 adopting the Sign Code be approved, directing staff to further address the amortization schedule and outdoor display component for workability and potential improvement, and the motion passed as follows: Those voting "Yes" Trustees Barker, Doylen, and Newsom. Those voting "No" Trustees Gillette and Jeffrey-Clark. Those "Abstaining" Trustee Habecker. Trustee Habecker returned to his position on the Board. 2. REPORTS. . A. Block 4 Text Amendments to the Estes Valley Development Code - First Reading Presentation. Direct6r Joseph noted that the Estes Valley Planning Commission has recommended approval of the Block 4 Text Amendments, specifically: • Separate legal lot definition • Requirement for pre-application conference • Maximum building height (illustration) • Timeframe for variance applications • Submittal requirements for variance • Criminal/civil remedies and enforcement power. Mayor Baudek opened the public hearing, and Town Attorney White provided background information on the legal lot definition issue and reasoning why this complex definition should be addressed. Audience comments were heard from John Phipps, Attorney (primary area of concern was focused on the separate legal lot definition, and the lack of warning to property owners by the Assessor concerning the combination of lots for tax purposes, difficulty in determination of intent, operative terms of conveyance. As thete was no further testimony, Mayor Baudek continued the public hearing to 12/10/02. 2. ACTION ITEMS: 1. 2003 BUDGET PUBLIC HEARING - ADOPTION. Mayor Baudek opened the public hearing, and Town Administrator Widmer read a memorandum dated November 12, 2002,. and presented the 2003/2004 Budget, noting that the Town Board will officially adopt only the 2003 portion of the two-year budget at this time. Expenditures for the 2003 Budget total $28.3 million, a decrease of 2.2% from the 2002 adopted budget. Finance Officer Brandjord reported that Colorado budget law requires a public hearing to discuss how the Highway Users Trust Fund revenues are proposed to be expended, and he read a memorandum dated November 6, 2002. The following resolutions were read aloud: Resolution #33-02 - Setting the Mill Levy of 1.892 mills; Resolution #34-02 - Adopting the 2003 Budget; and Resolution #35-02 - Appropriating Sums of Money. There were no audience comments, thus Mayor Baudek closed the public hearing. It was moved and seconded I , Board of Trustees - November 12, 2002 - Page 5 (Barker/Gillette) the Highway Users Trust Fund, and Resolutions 33, 34, and 35-02 be approved, and it passed unanimously. Town Administrator Widmer extended his appreciation to Assistant Town Administrator Repola, Finance Officer Brandjord and Department Heads for their effort in preparing the 2003/2004 Budget. 2. RESOLUTION #31-02 - OFFICIALLY TERMINATING THE TOWN'S OPTION TO LEASE THE CARRIAGE HOUSE PROPERTY. Town Attorney White commented that on 1/15/94, the Town and Stanley Hotels Limited entered into a Development Agreement. As part of that Agreement, the Town was granted a 15-year option to lease the Carriage House portion of the Stanley Hotel property (approx. 3 ac.). The purpose of the option was for the Town to determine community support for the construction of a cultural arts center on this property. The Stanley Museum, through Sue Davis, has requested the Town terminate its option to lease the Carriage House property in order for the Stanley Museum to pursue leasing this property. The Agreement grants the Towo the right to terminate its option to lease at any time without penalty. Attorney White read Resolution #31-02. Ms. Davis addressed the Board, reporting that the Museum is moving forward on a 99- yr. lease option with The Stanley Hotel for a complete museum in the entire Carriage House building. It was moved and seconded (Newsom/Doylen) Resolution #31-02 be adopted, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. A. Sales Tax Update. September data indicates a 12.5% decrease in revenues as compared to September, 2001, however, detail has not yet been received. Year-to-date, revenues are a minus 1 %. Traffic counts in September were up 6.5%. B. Stanley Park Quiet Title Update. Town Attorney White advised that fifteen Stanley heirs have been personally served notice on the Stanley Park Quiet Title action. As required by law, notice was published recently for any person that was not personally served. C. Personal Iniurv Lawsuit Update: Town Attorney White reported that CIRSA is defending the Town on an injury that occurred at Nicky's Restaurant involving an electrical transformer. Based upon the Colorado Immunity Act, CIRSA filed a motion to dismiss. The District Court disagreed, thus the case was appealed to the Colorado Court of Appeals, and said Appeals Court upheld the District Court decision. Unless the Town opts to take this case to the Supreme Court, the case will go back to District Court for trial. This action is a full frontal assault on the Colorado Immunity Act, which translates into higher insurance rates and cost of doing business. Mayor Baudek noted that due to the upcoming holiday schedule, the Town Board Meeting scheduled December 24,2002 has been cancelled. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 9:49 P.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, November 14, 2002 Minutes of a Regular meeting of the LIGHT AND POWER COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 14~h day of November 2002. Committee: Chairman Jeffrey-Clark, Trustees Habecker and Newsom Attending: Chairman Jeffrey-Clark Also Attending: Town Administrator Widmer, Light & Power Director Matzke, and Deputy Clerk van Deutekom Absent Trustees Habecker and Newsom Chairman Jeffrey-Clark called the meeting to order at 8:02 a.m. 2003 ELECTRIC RATE INCREASE - PROPOSED SCHEDULE - APPROVAL. Director Matzke reported that M.E. Kiburz and Associates was hired in 1999 to perform an electric rate study at an estimated cost of $12,500. The focus of this study was to prepare for anticipated electric competition and determine the need for additional revenue to support the capital improvement program, "fine-tune" the existing rate structure, and develop a means of itemizing the wholesale power cost from Platte River on customer statements. The study was discontinued once electric competition failed to occur. The 2001/2002 budgets included a rate increase of $350,000 in 2001 to recover the debt service on the 1999 Revenue Bonds. The electric study was again delayed as the Light and Power Fund outperformed the budget without the rate increase. The first draft of the 2003/2004 budgets again included the $350,000 rate increase, but the budget process revealed that a larger rate increase would be required. The current proposed budget includes a $425,000 rate increase in 2003 (5.6%) followed by a $425,000 rate increase in 2004 (5.1%). The proposed budget reduces rate of fund balance erosion, but does not reverse the trend. Work resumed on the electric study earlier this year and a rate hearing was anticipated by year-end. The Dept. previously paid $2,128.80 for completion of preliminary work for the 1999 rate study. M.E. Kiburz and Associates presented a revised estimate of $13,000 to complete the study and attend the public hearing and the 2002 amended budget includes a line item for the study. Listed below are the proposed rate changes: Residential Rate: Increase customer charge from $3 per month to $4 per month. Increase energy charge by revenue requirement. Raise annual maximum for electric heat customers to 25,000 kWh. Residential Demand Rate: Increase customer charge from $3 per month to $5 per month. Same demand charge winter and summer. Increase energy charge W © by revenue requirement. Residential Enerqv Time of Dav Rate: Increase customer charge from $3 per month to $5 per month. Raise off-peak energy charge to $0.03 per kWh. Increase on-peak energy charge by revenue requirement. Eliminate cap on on- peak consumption. Residential Time of Dav Rate: Eliminate Small Commercial Rate: Increase energy charge by revenue requirement. Small Commercial Time of Dav Rate: Increase customer charge from $7.25 per month to $8.25 per month. Raise off-peak energy charge to $0.03 per kWh. Indrease on-peak energy charge by revenue requirement. RECORD OF PROCEEDINGS Light & Power Committee - November 14,2002 - Page 2 Large Commercial Rate: New customer charge of $10 per month. Increase energy and demand charge by revenue requirement. Eliminate combined billing option. Large Commercial Time of Dav Rate: New customer charge of $12 per month. Increase energy and demand charge by revenue requirement. Eliminate combined billing option Outdoor Area Lighting: Increase monthly charge from $5.25 to $6.75 Rockv Mountain National Park Administrative Housing Rate: Increase customer charge from $3 per month to $4 per month. Increase energy charge by revenue requirement. Eliminate combined billing option, Rockv Mountain National Park Small Administrative Rate: Increase energy charge by revenue requirement. R6ckv Mountain National Park Larae Administrative Rate: New customer charge of $10 per month. Increase energy and demand charge by revenue requirement. Eliminate combined billing option. NEW RATES ' New Default Residential Time of Dav Rate: Rate for electric heat customers with no thermal storage. Higher on- and off-peak energy charge. Shorter on- peak time. New Wind Enerqv Rate: New rate for customers who wish to purchase 100% wind energy. Director Matzke presented a schedule outlining the legal requirements to conduct the rate hearing at the January 14, 2003 Town Bbard Meeting, and concluding all discussion, the Committee recommends that M.E. Kiburz and Associates complete the electric rate study at an estimated c6st of $13,000 and that on November 26, 2002, the Town Board set a rate hearing for January 14, 2003. BALDPATE TO BIG OWL THREE PHASE UPGRADE CHANGE ORDER REQUEST - APPROVAL. The Town contracted with Hamlin Electric Company in February 2002 to construct the Big Thompson Three Phase and Baldpate to Big Owl Three Phase Projects at a cost of $758,935.65. During the course of construction, several field changes were made at staffs direction that added costs to the project. Hamlin Electric submitted an adjusted invoice in the amount of $20,385.00 for the changes. The 2002 budget includes $1,040,000 for the Big Thompson Three Phase and Baldpate to Big Owl Three Phase Projects and sufficient funds are available to cover this additional expense and remain within budget. The Committee recommends approval of the change order request from Hamlin Electric Compdny for $20,385 as presented. DECORATIVE STREETLIGHT REPLACEMENT PROGRAM - FIXTURE RECOMMENDATION. Light & Power. Secretary Button presented the voting results from the Bond Park Decorative Lighting project that concluded November 8*. The Streetlight Committee recommended the following specifications for the new light fixtures: Town Commons-style fixture,with clear lens, 10-ft. fluted tapered steel pole, smooth gloss finish, color-corrected metal halide, 3000° K, 80+ CRI, and horizontal cut-off. Bernie Holein/Streellight Committee explained the light source choices that were presented during the demonstration and addressed maintenance, aesthetic, environmentdil, and technical ssues. The Committee recommends approval of the light §pecifications presented above. Chairman Jeffrey-Clark commended staff and volunteers that participated on the Streetlight Committee for their efforts during this project. RECORD OF PROCEEDINGS Light & Power Committee - November 14,2002 - Page 3 POLICY AND PROCEDURE MANUAL UPDATE - SPECIAL METER READS - APPROVAL. Director Matzke presented a proposal by Sr. Meter Specialist O'Connor regarding special meter reads. The Dept. currently performs approximately 1300 special meter reads per year (65 personnel hours per month). These reads are performed at the customer's request and are provided free of charge. Listed below are fees charged by neighboring utilities to provide special reads: Move-in Move-out Fort Collins $15.65 No charge Longmont 12.00 No charge Loveland 12.00 $6.00 Implementing a charge of $12.00 per move-in read and no charge for move-out reads would allow the Dept. to recover approximately $15,600 per year toward the cost of providing these services. The Committee recommends that the charge of $12.00 per move-in read be established and that the Light and Power Dept. Policy and Procedure Manual be updated to include this charge. ELIMINATION OF ELECTRIC THERMAL STORAGE HEATER PROGRAM REBATE - APPROVAL. The Dept. introduced the Electric Thermal Storage (ETS) Rebate Program in 1994 to promote the use of ETS heaters. The ETS heater program and Time of Day electric rates have been very successful and do not require further incentives to stimulate interest. During 2002, rebates totaling $1,836 have been paid, with $630 pending. The Committee recommends that the ETS Rebate Program be discontinued once the pending 2002 rebates have been paid and that no further rebates be offered. REPORTS. Platte River Power Authority (PRPA). Public hearings are being held to review the 2003 Budget and all gas turbines are now operational. Financial Report. The Committee reviewed the September income statement and graphs. Project Updates: Director Matzke reported that Line Supt. Dragon will retire the end of November and a replacement has not yet been named; Christmas decorations are being installed; a telephone contractor removing unused cable along Riverside Dr. caused a recent outage along Fall River Rd. and the north end of downtown; and efforts continue on the Olympus Hydro project. NOTE: The Electric Rate Study and proposed rate changes will be presented at the December meeting; therefore, the meeting will begin at 7:30 a.m. (instead of 8:00 a.m.) to accommodate and encourage public participation in the process. There being no further business, Chairman Jeffrey-Clarke adjourned the meeting at 9:13 a.m. 09.*JOL/Ju Rebecca van Deutekom, CMC, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, November 21, 2002. Minutes of a Regular meeting of the PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on th'e 21st day of November, 2002. Committee: Chairman Barker, Trustees Doylen and Gillette Attending: All Also Attending: Assistant Town Administrator Repola, Public Works Director Linnane, Water Supt. Goehring, Construction Mgr. Sievers, Town Attorney White, Clerk O'Connor Absent None Chairman Barker called the meeting to order at 8:00 a.m. MARY'S LAKE RAW WATER PUMP PROJECT CONSTRUCTION MANAGEMENT SCOPE OF SERVICES - APPROVAL. Public Works Director Linnane presented said scope of services submitted by Cornerstone Engineering for construction of a water pump in Mary's Lake and associated water pipe to transport raw water from the lake to the water treatment plant's intake at the tunnel outlet above Mary's Lake. The project will provide raw water to the plant during tunnel outages that commonly occur throughout the year. Outages may be the result of maintenance of severe droughts. The current drought has made it necessary to design the project immediately to enable construction to proceed as soon as possible. Construction is scheduled to begin in February, with completion by May, 2003. Cornerstone Engineering submitted a scope of services in the amount of $59,100 (negotiated), and the 2003 Budget contains $25,000. The 2002 fund balance of $2.4 Million can accommodate this deficit. Based upon a report and presentation by Black and Veatch during the first rate study in 1993, a fund balance $1.3 Million is considered healthy; however, a Financial Plan Study is planned in the 2003 Budget. The Committee noted their appreciation to the Water Dept. for their forward-thinking approach to water rates. Following discussion, the Committee recommends approval of the Construction Management Scope of Services in the amount of $59,100 submitted by Cornerstone Engineering, with the deficit being funded from the 2002 Fund Balance. REPORTS. Fall River Trail, Phase I. Willows Condominium Easement. Attorney White briefed the Committee on the status of negotiations between the Town and John Phipps, attorney representing the Willows Condominium Association. In summary, the Association will share in the construction cost incurred in relocating the trail. Town Attorney White assured the Committee that the Town will not vacate the easement until the entire settlement amount has been paid. The Committee recommends approval of the settlement. RECORD OF PROCEEDINGS Public Works Committee - November 21, 2002 - Page 2 Construction Update: Director Linnane reported that Phase I construction is scheduled for completion the end of January. Small trees have been removed to facilitate construction. · Cardboard Recycling Project. Rick Hurt, Manager/A-1 Trash, briefed the Committee on activity during the second month of operation. In summary, there is insufficient volume being recycled to warrant retention of the Project. Staff confirmed that revenues do not warrant program continuation based on a 3/1 return ratio. Following evaluation, the Committee recommends the Cardboard Recycling Project be discontinued, with the last day to accept cardboard being November 30, 2002. Staff is to issue public notice as soon as practical. Water Use/Water Rights Projections for 2003. The Committee reviewed projections for water use in 2003, and a 2003 Water Rights graph. Based on historic data, the Town should have a reserve of nearly 500 ac. ft. of water at the end of the year. At Director's Linnane's invitation, E.V.R.P.D. Director Gengler and Park School District Representative Paglia attended the meeting. The Recreation District shares a total of 301 ac. ft. (257/Rec. Dist. and 44/School) and, due to the extreme drought, the NCWCD has roduced their 2003 quota by 30%. Discussion followed on the severity of this reduction and ramifications thereof, with both Districts seeking acquisition of 135 ac. ft. of water from the Town. With assurance that the Town will not be placed in jeopardy with the leise of 135 ac. ft., the Committee recommends approval of the request to lease 135 ac. ft. of water to the E.V.R.P.D. and Park School District, directing staff to negotiate the fee, ensuring that the fee is equitable for all three entities and that it covers the Town's costs. Trustee Gillette added that, based on the severity of need, the first priority to lease the Town's water reserves should be given tb the Estes Park Valley. Water Rights Tap Fee Study. The Town's water consultant, Black & Veatch, is working on this study, and it will be presented to the Committee on January 16, 2003. Although a comparison with other municipalities will be provided, any fee increase will be based on actual cost. Stanley Avenue Project Update. Mgr. Sievers reported that driveway crossings are approximately 25% complete, and the curb is being installed. Staff anticipates completion of Phase I by the end of the year Riverside Drive Project Update. The retaining wall is 80%complete, and this project is on schedule. Traffic control remains a concern, and complaints have been addressed. Staff confirmed that both lanes of Riverside Dr. between Elkhorn Ave. and Rockwell St. will be open for the Christmas Parade. Estes Park Sanitation is replacing a sewer line, and, due to complications with an existing sewer line, their work has been extended. Therefore, staff anticipates completion of Riverside Dr., south of Rockwell St., by December 20th. Meeting Cancellation. Due to the upcoming holiday season, the Committee cancelled the December 19~h Meeting. Hwy. 7 Speed Limit between Lexington Lane and Peak View. Director Linnane stated that Larry Haas/CDOT advised the Public Safety Committee on June 27th that a traffic study would be conducted to determine if the speed limit should be changed. The report was received November 4~h, and CDOT intends to raise the speed limit from 35 mph to 45 mph. Due to the time delay in submitting the report (5 months), staff does not anticipate that the change will occur in a timely manner. RECORD OF PROCEEDINGS Public Works Committee - November 21, 2002 - Page 3 Trustee Gillette reported that at a recent Transfer Station Rate Hearing, Larimer County anticipates raising the rates 3%. There being no further business, Chairman Barker adjourned the meeting at 9:04 a.m. Vickie O'Connor, CMC, Town Clerk RESOLUTION #_36=QL_ BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Hotel and Restaurant Liquor License, filed by Josh Henderson, dba THE REDSTONE RESTAURANT, 225 W. Riverside Dr., Estes Park, Colorado, is November 18, 2002. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, January 14, 2003 at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.01 miles, as measured from the center of the applicant's property. DATED this day of ,2002. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk MEMO TO: Vickie O'Connor, Rich Widmer, and the Board of Trustees FROM: Gregory A. White DATE: November 22,2002 RE: Colorado Open Meeting Law - Notice n On £,(50848;42,2002, the Colorado Court of Appeals issued a decision interpreting a portion of the Colorado Open Meetings Law. The case involved a meeting o f the Colorado Department of Public Health and Environment (CDPHE), the operator of a gold mine in Costilla County and the Colorado Department ofNatural Resources (CDNR). The purpose of the meeting was to discuss the goldmine's operation, legal compliance problems, and corrective action plans at the mine. The three individual County Commissioners o f Costilla County were invited to attend the meeting. Two of the County Commissioners attended the meeting, made no presentation, did not participate in the discussions, and did not ask any questions. The Board of County Commissioners did not give a public notice of the meeting. Shortly after this meeting, the County Land Use Administrator issued permits authorizing construction of a water treatment facility at the mine. An environmental group, who had monitored operations of the mine, sued the Board of County Commissioners alleging violation of the Colorado Open Meetings Law because of lack of notice of the meeting. The Court of Appeals ruled that the Colorado Open Meetings Law requires that public notice must be given for any meeting at which any public business is discussed where a quorum of a public body "is in attendance, or is expected to be in attendance". Based upon the finding in this case, notice for any meeting at which a quorum of the Town Board, Planning Commission, or Board of Adjustment is in attendance or expected to be in attendance where public business is discussed, needs to be posted. For example, the Estes Valley Recreation and Park District invites members of the Town Board to attend a meeting for the purpose of discussing future construction of trails in the Estes Valley. The Town must post notice of this meeting if a quorum of the Town Board is in attendance or is expected to be in attendance. As stated in the Act, there is still is no need to post notice of"any chance meeting or social gathering in which discussion of public business is not the central purpose." In order to insure that all meetings are posted if required, individual Trustees need to inform the Town Clerk's office of any invitation they receive in their capacity as Trustee. If the required notice of the meeting is not posted, any subsequent action by the Town or the Town Board may be nullified if that action concerned matters discussed at the non- noticed meeting. - Town of Estes Park Interoffice Memo Date: November 22,2002 To: Honorable Mayor Baudek and Town Board of Trustees From: Rich Widmer -* Town Administrat~ CC: RE: 2003 Pay Plan The Town of Estes Park adopted a revised Compensation Policy and Procedure in November 2000. The Policy contains three major components: a yearly market analysis and comparison, a Cost of Living Adjustment (COLA), and merit pay based on job performance. Market Analysis: The comparisons with the other cities in our market have been accomplished. For all but the Light and Power positions, the maM<et cities are Brighton, Commerce City, Louisville, Lafayette, Castle Rock, Durango, Golden, Parker, and Steamboat Springs. For Light and Power, the cities are Fort Collins, Fort Morgan, Fountain, Glenwood Springs, Gunnison, La Junta, Lamar, Longmont, and Loveland. The data shows that some positions should be re-graded to respond to changing market conditions. Due to economic considerations, I suggest postponing these adjustments until at least the second quader of 2003. COLA: The Consumer Price Index (CPI) reported by the Department of Labor for the period January through June shows a 2.2% increase over the same period a year ago. Since we will not receive the final figures for 2002 until February, an educated guess must be made. Based on information from CML and other sources that suggests the rate of inflation is dedining, 1 recommend a COLA of 1.9% be applied to all positions for 2003. The COLA for 2002 was 3.8%. Actual 2001 CPI was 4.7%. Merit Pav: Pay for performance is a key element of our Compensation Policy and our management philosophy. The purpose is to reward quality service and motivate higher levels of performance through a yearly performance appraisal closely tied to goal achievement. For this process to be effedive, an adequate amount of money must be available. I recommend a merit pool of 1.1% of payroll be established to fund this program for 2003. The merit pool for 2002 was 1.8%. The merit pool will be used by each department to award merit awards based on performance. The theoretical range of the awards will be from 0 up to 5%; however, because of the relatively small size of the merit pool, awards in the upper categories will be infrequent. 5/. I . (25) "Sign" means any writing, pictorial representation, decoration (including any material used to differentiate sign copy from its background), form, emblem or trademark, flag or banner, mural, or outdoor display of merchandise to attract business, or any other display of similar character which: V. "Outdoor display of merchandise to attract business" means the outdoor display of merchandise offered for sale where such outdoor display is located with the primary purpose of attracting attention of passing motorists or pedestrians, and where the display is moved indoors at the close of business daily and therefore does not constitute seasonal or permanent accessory outdoor storage. (6) Where three-dimensional figures are used as signs, the area shall be the total area, as projected on a vertical plane, of each side ofthe figure which is visible by the public beyond the boundaries ofthe lot upon which the figure is located. For purposes of this regulation, a figure shall be considered to have not less than one nor more than four sides. This shall be the method used to calculate the area of " outdoor displays of merchandise to attract business" and other three dimensional figures or displays that are to be considered in the total allowable signage calculation. (11) "Outdoor display ofmerchandise to attract business" shall be considered a sign and shall require a permit to be issued prior display. Measurement ofthe display area shall be as provided for in section 17.66.080 (6) ofthis code. The display area shall be limited by inclusion in the total allowable signage. The location of the outdoor display shall conform to section 7.13 ofthe Estes Valley Development Code. Outdoor displays are prohibited in the Commercial Downtown (CD) zoning district. '. , or less, the maximum area permitted for a construction sign shall be three square feet per face for each dwelling unit being constructed. b. Construction signs shall be displayed only on the property to which the sign pertains. One such sign shall be permitted for each street upon which the property either has frontage or has an entrance from a major thoroughfare; provided that the minimum distance between signs on any single development shall be one thousand feet. c. In case of a subdivision, construction signs shall not be displayed prior to the date o f o fficial filing o f the subdivision plat. d. In other cases, such signs may be displayed for the duration of construction until issuance of a certificate of occupancy. (2) Election signs. Those signs concerning issues and candidates in forthcoming elections shall be removed by the person placing or erecting them or by the occupier of the premises on which they are located within ten days following the election to which they pertain unless the sign conveys some other or further ideological message or has some other or further ideological significance. Election signs shall be restricted to a maximum size of four square feet in all residential districts, and a maximum size of 150 square feet in all other districts. [17:66:080; Computation of sign area. The area of a sign shall be measured with the following regulations: (1) In computing the area of a sign, standard mathematical formulas for common regular geometric shapes, or combinations thereof, shall be used. (2) In the case of an irregularly shaped sign or a sign with letters and/or symbols directly affixed to or painted on the wall of a building, the area of the sign shall be the entire area within a single continuous perimeter of not more than eight straight or radial lines enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any material or color forming an integral part or background of the display or used to differentiate such sign from the backdrop or structure against which it is placed. (3) That portion ofthe sign structure which is visible and viewed in the same plane as the sign face, and which either (a) exceeds fifty percent of the sign face, or (b) is made an integral part or background of the display shall be included in computing the total sign area. (4) Where a sign has two or more display faces and is not a double-faced sign, the area of all faces shall be included in determining sign area. 13 . .. (5) The total surface area of multiple-unit signs shall include the vertical and horizontal spacing between the letters which comprise the word or words that convey the sign's message. . (6) Where three-dimensional figures are used as signs, the area shall be the total area, as projected on a vertical plane, of each side of the figure which is visible by the public beyond the boundaries of the lot upon which the figure is located. For purposes of this regulation, a figure shall be considered to have not less than one nor more than four sides. This shall be the method used to calculate the area of " outdoor displays of merchandise to attract business" and other three dimensional figures or displays that are to be considered in the total allowable signage calculation. (7) Building frontage used as the basis of determining permitted sign area for one use shall not be used again as the basis for determining the permitted sign area for a different use. Nothing in this subsection shall be construed to prohibit the additional building or use from erecting a sign which would otherwise be authorized by the provisions of this Chapter. (8)All riders or attachments to signs or sign structures (whether temporary or permanent) shall be included as part of the total sign area for the sign to which they are attached. 17.66.090 General regulations. (1) Signs at street intersections. On corner lots no sign or sign structure between a height of two and one-half feet and ten feet above the street elevatioh (other than a pole twelve square inches or less in cross-sectional area) shall be erected within the following described area: the interior triangle formed by the right-of-way lines at such corner lots and a straight line joining the right-of-way lines at points which are thirty feet from the intersection of the right-of-way lines. This regulation shall apply to all signs except wall signs. (2) Illumination. Illuminated signs shall be subject to the following conditions: a. Any light used for the illumination of a sign shall be shielded so that the beams or rays of light will not shine directly beyond the lot upon which the sign is located. b. Neither the direct nor the reflected light from any light source shall create a traffic hazard or distraction to operators ofmotor vehicles on public thoroughfares. c. Signs in commercial and restricted industrial zoning districts may be indirectly, or internally illuminated. 14 Ed Volz Director Phone (970) 586-8116 FAX (970) 586-0189 evolz@estes.lib.co.us ESTES PARK PUBLIC LIBRRRY Estes Valley Public Library District http://www. estes.lib.co.us The Honorable John Baudek \\ 1 11) 41- Mayor, Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Mayor Baudek: Mr. Al Wasson is resigning from the Estes Park Public Library's Board of Trustees effective lu31/02. His term expires in 2003. The Board of Trustees received two applications for the position Al Wasson is vacating. We unanimously recommend that Julie Parker be appointed to complete Al's term. Julie worked from 1985-1987 at the Storm Lake (Iowa) Public Library, and was a school media specialist from 1987-2001. She has both a B.S. degree and a Master of Arts degree in Education. Library Board members rarely have actual working library experience; the Estes Park Public Library Trustees are quite pleased to have an applicant with Ms. Parker's backgnound. The Board of Trustees respectfu Ily requests that the Town Board consider Julie Parker's appointment at its earliest convenience. Sincerely, ·691~« President, EVPLD Board of Trustees RO. BOX 1687 . 335 EAST ELKHORN AVENUE . ESTES PARK, CO 80517 Al Wasson 2590 Larkspur Avenue Estes Park, CO 80517 970-586-6024 awasson@earthlinknet November 14, 2002 The Honorable John Baudek Mayor, Town of Estes Park P. O. Box 1200 Estes Park, CO 80517 Dear Mayor Baudek: My purpose in writing this letter is to advise you that I have chosen to retire, effective December 31, 2002, from the Board of Trustees of the Estes Valley Public Library District. I have previously notified the Library Board of my intention, and they will soon forward a recommendation to you and the Town Board for a new trustee. My decision to retire at this time is based on a number of very positive accomplishments by the District, which I think you will agree is the very best basis for such, action. I have been associated with the Library District for neady a decade, and have held every office on the Board, including the privilege of serving as its president. Throughout those years, the Library has continued its distinguished history of providing the highest levels of service to the community and its guests, while Adding substantially to the print collection and incorporating information technology for the benefit of all library customers. With the recent completion of additional floor space, new opportunities are now available for expanded information access and increased community use of the, facility. It has been extremely rewarding to be a part of the Library DistAct Board of Trustees, a board that has always maintained its focus on the Library's role in the community and the best ways to sustain that effort, and on the rights of everyone with respect to access to information. I have had the rare experience of working with two of the best Library Directors anywhere; Judy Hoxsey and Ed Volz. In addition, the Library's Staff is second to none, and sets the standard for providing exceptional service combined with impressive professionalism. Add two outstanding support groups - the Library Foundation and the Friends of the Library - and this community is most fortunate to have a Library that is a model for others. In conclusion - both of this letter and my time on the Library Board - I would like to express my appreciation to you and the Town Board for my opportunity to be involved with the Library District, and for your continued support of a very special place, the Estes Park Public Library. SincerAIV . k pc: Steve Little, President, Library District Board of Trustees Ed Volz, Director, Estes Park Public Library -==:- Rich Widmer, Town Administrator, Town of Estes Park