HomeMy WebLinkAboutPACKET Town Board 2005-01-11Prepared 01/04/05 jte d.#*/9- go The Mission of the Town of Estes Fark le to plan and provide reliable, hi0h-value services for our citizens, vieitore, and employeee. We take dreat pride eneurinG and enhancinG the quality of life in our community by bein0 Good etewarde of public reeources and natural eettinG. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, January 11, 2005 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE OFFICIAL SWEARING-IN CEREMONY - Police Officers Alan Steinhage and Jesse Reeves. PRESENTATION BY THE LIONS CLUB OF ESTES PARK TO THE TOWN OF ESTES PARK: LEASE PAYMENT FROM THE STANLEY PARK CONCESSION STAND PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated December 14,2004. 2. Bills. 3. Committee Minutes: A. Public Works, December 16,2004: 1, CVB Construction Project - Award General Contractor Selection to Dallman Construction. 2. Purchase of 3 Speed Awareness & Offender Alert Signs, $13,050 (co-funded by the Police & Public Works Depts.). B. Community Development, January 6,2005: 1. Museum Dept.: A. Street Closure: MacGregor Ave. from Park Lane North to the Hwy. 36 Bypass, July 4th for Coolest Car Show. 2. Community Development Dept.: A. Knoll/Willows Birch Ruins Viewing Platform - Authorizing up to $25,000 from the Larimer County Open Space Fund for Final Design and Construction of the Viewing Platform. 3. Special Events Dept.: A. Agreement with Hogwild Productions for a Motorcycle Rally at the Fairgrounds, June lst - 5'h. B. Street Closure: MacGregor Ave. from Elkhorn Ave. to Park Ave., August 20th for Auto Extravaganza. 1 Continued on reverse side Em
4. Estes Park Housing Authority, November 10, 2004 (acknowledgment only). 5. Firemen's Pension Board, January 3,2005 (acknowledgement only). 6. Resolution #1-05 - Public Posting Area Designation. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for the following Consent Agenda Item. If the Applicant, Public or Town Board wish to speak to this item, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. FINAL CONDOMINIUM MAP: The Overlook Condominiums, Supplemental Map #2, Stanley Historic District, The Overlook Development at the Historic Stanley, LLC/Applicant - APPLICANT REQUESTING CONTINUATION TO FEBRUARY 8,2005. 2. ACTION ITEMS: 1. AGREEMENT WITH LARIMER COUNTY FOR RENTAL OF ELECTION EQUIPMENT. Town Clerk O'Connor. 2. RESOLUTION #2-05 - FLEXIBLE SPENDING PLAN CERTIFICATE OF ADOPTION. Town Administrator Repola. 3. 2005 MERIT POOL RECOMMENDATION. Town Administrator Repola. 4. ORDINANCE #1-05 - CONVERSION OF TEMPORARY USE PERMIT FOR ONE UNIT OF CBT WATER TO SECTION 131 CONTRACT. Town Attorney White. 5. TOWN ADMINISTRATOR'S REPORT. 6. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2
7 L 1, THE LIONS CLUB OF ESTES PARK The Estes Park Lions Club was chartered in 1940. The club has operated the concession stand at the Stanley Park Fair Grounds for the past 49 years. This is our main source of income with which to provide contributions to the following organizations and projects .... • This year's rent, which we pay to the City of E P, is $9,432.49 for the concession stand at Stanley Park • Over the past 7 years we have paid the city an average of $10,492.00 each year • Volunteer man-hours for stand operation in 2004 were aprox. 1,500 hours • We hire teenagers to assist in the stand operation, which has given summer employment to our youth. We also employ a stand manager. Proceeds Are given directly back to the community In 2004 we gave $23,750 to those in need in our community: Individuals: • In '04 we gave $8,750 to scholarships to graduating students • $1,500 for eye exams and glasses • $1,500 for hearing Aid assistance Organizations given to in 2004: Estes Park Rec. & Park District $2,000 for the trail expansion Colorado Preschool Program - Estes Park Salud Clinic Crossroads Ministries Estes Valley Youth Center Habitat for Humanity Cub Scouts (We are their charter sponsor) Leader Dogs Hearing Dogs Colorado Lions Foundation Rocky Mountain Eye Bank Colorado Lions Camp
1 . Rocky Mountain Nature Association (Bob Bastille Fund) Partners of Estes Park Harvest House Grade school picnic The Children's Center & Kreative Kids Bright Christmas Cultural Arts Council Holiday House Estes Valley Victim's Advocates Larimer County Search & Rescue Salud y Amistad project (optical & dental work in Mexico) Sense of Security (Polly' s walk for breast cancer) We also help with and participate in: The Dog Park Ride The Rockies Tour D Cure Middle school ice cream social Duck Race Bell Ringers Senior class picnic Special requests for assistance are evaluated on an individual basis and contributed to as needed. The club has hosted several state Lions Club conventions over the years. Began providing scholarships for local high school graduates in the 60's Is the charter sponsor for the Cub Scouts in E P Has contributed to the American Diabetes Association, E P Senior Center, E P Hospital Ambulance Committee, E P high school and grade school music departments, assisted in school visual and hearing screenings and worked with the Division of Wildlife. If it has been a worthy cause, the Estes Park Lions Club has been there to help. Officers for the '04 - '05 year are : Cathy Homeier, President Tim Schiller,1 st vice president; Larry Blinn, Secretary; Kathy Le¥ine, Treasurer. 2n~ VP, Trish Kuschel and Bob Hackenewerth is 3rd Vice President
My name is Richard Homeier, 1201 Scott Avenue, Owner of Optical Perspectives January 11, 2005 Honorable Mayor, Trustees and staff. I know you have many complicated decision to make on a regular basis. From my attendance at many Trustee meetings during the past few years, 1 know that you are always concerned with the sales tax figures because that is a major source of revenue and the related topics of bringing people to and keeping people in Estes Park. My concern is that your present benefit package for employees is forcing them to do business out of town. While the eyecare industry is not a large as the Auto Mall, which we just lost, it is a part of the whole package of services offered here in Estes Park. We must be one of the smallest communities anywhere fortunate to have a full-time Ophthalmologist and also a hospital equipped to support him. The present VSP "insurance plan", which is a component of the employee benefit package, does not allow Dr. Prochoda and myself as an eyeglass provider to participate in this plan. This VSP scheme was developed by optometrist, who were finding stiff competition from the national chain opticals like Lenscrafter, Pearle, and discounters as well as independent opticians like myself. Their rule is: If the Doctor does not own the retail facility, it can not participate. In addition, If the Doctor does not sell eyeglasses they can not participate.
I appealed several times to VSP to make an exception due to our unique location. They will not make an exception. This is a plan to allow optometrist to control their market share. Actually, many former providers are opting out of VSP due to the strict controls placed on their practice by VSP and the marginal payments received. In addition, the service time averages are 10 day to two weeks. None of this get your glasses the same day or the next day that I can often provide. The only way they can afford to play this game is to have many overpriced add-ons which are always paid for by the patient. Even such a common, ordinary things as scratch-resistant coatings and no-line bifocals are not covered. While there is one provider in this town, it is a small office with often limited hours of operation and a very small selection of products. Therefore by continuing with this VSP plan, you are sending a high percentage of the town employees out of town for vision services. Guess what else they do while they are on the two to three trips it takes to get their vision and eyeglass services? They are spending your tax dollars. Please consider changing this program since it is not actually a benefit to anyone except VSP. 01 1 1 0 VWP-0«Vh
Town of Estes Park, Lar\mer County, Colorado, December 14, 2004 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 14th day of December, 2004. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees David Habecker Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Also Present: Randy Repola, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: None Mayor Baudek called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENT None. TOWN BOARD COMMENTS Trustee Jeffrey-Clark commented that at the recent NLC Conference in Indianapolis she was elected Chairman of the Small Cities Council, and Estes Park will host the Steering Committee this summer. Trustee Habecker rebutted public statements that he is turning his back to the flag as he has elected not to recite the Pledge of Allegiance. Trustee Doylen commended the Ladycat Cheerleaders in taking second at the State Finals. . 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 23,2004,2004. 2. Bills. 3. Committee Minutes: Utilities, December 9,2004: A. Water Tap Fee Waiver, Estes Park Salud Foundation ($16,000). *4. Intent to Annex Resolution #19-04 for Beaver Point Heights Addition; set public hearing. MOVED TO 1/11/05 AGENDA. *5. Intent to Annex Resolution #20-04 for Fall River Second and Third Addition; set public hearing. MOVED TO 1/11/05 AGENDA.
Board of Trustees - December 14, 2004 - Page 2 *6. Re-appointments - Estes Valley Public Library District: Marshall Hesler, Sarah Walsh and Barbara Lister, 4-yr. tefms, expiring 12/31/08. ADDED TO 12/14/04 AGENDA. It was moved and seconded (Doylen/Levine) the Consent Agenda be approved, and it passed unanimously. lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for the following Consent Agenda Item, advising that if the Applicant, Public or Town Board wishes to speak to this item, it will be moved to the "Action Item" Section. 1. CONSENT ITEMS: 1. PRELIMINARY CONDOMINIUM MAPS: Riverspointe Downtown, Lots 17, 18, 19, & 20, Hupps Addition Block 6, Town of Estes Park, Applicant: Cardinal Properties, LLC. There being no public testimony, Mayor Baudek closed the public hearing. Trustee Doylen moved Consent Item 1.1. be approved. Trustee Pinkham cited a potential conflict of interest, stating he would Abstain from voting. Trustee Newsom seconded the motion, and it passed with Trustee Pinkham Abstaining. 1. ACTION ITEMS: Mayor Baudek opened the Public Hearing for the following item: 1. BROOKSIDE ADDITION ANNEXATION REQUEST - BROOKSIDE ADDITION (740 Moraine and 825 Riverside Dr.), RESOLUTION 21-04 & ORDINANCE 8-04: Worldmark by Trendwest, Lots 1, 2, and 3 and Outlot A, Timberlane Subdivision and a Tract of Land Located in the NE 1/4 of the NE 1/4 of Section 35, T5, R73W of the 6th P.M., being a Portion of Lot 7, Summervilla Subdivision, Applicant: Trendwest Resorts. Sr. Planner Shirk presented the staff report and noted one condition prior to annexation- inclusion in the Northern Colorado Water Conservancy District prior to water service by the Town. The Board of Adjustment granted one of two variances (height), and a single-ownership development, not condominium development is proposed. The Planning Commission voted unanimously to recommend approval and there was no opposition expressed. Town Attorney White read Ordinance #8-04 and Resolution #21-04, and as there was no public testimony, Mayor Baudek closed the public hearing. It was moved and seconded (Doylen/Habecker) Resolution #21-04 and Ordinance #8-04 be approved,- annexing-BrdBIE[cle Addition, and it passed unanimously. Mayor Baudek opened the Public Hearing to consider the following rezoning and request and P.U.D. development: 2.A. REZONING REQUEST FROM A-ACCOMMODATION TO C.O COMMERCIAL OUTLYING, ORDINANCE #9-04. Worldmark by · Trendwest, Lots 1,2, and 3 and Outlot A, Timberlane Subdivision and a Tract of land Located in the NE 1/4 of the NE 1/4 of Section 35, T5, R73W of the 6th P.M., being a Portion of Lot 7, Summervilla Subdivision, Applicant: Trendwest Resorts. AND 2.B. PLANNED UNIT DEVELOPMENT (P.U.D.). Worldmark by Trendwest PUD 04-02, Lots 1, 2, and 3 and Outlot A, Timberlane Subdivision and a Tract of
Board of Trustees - December 14, 2004 - Page 3 Land Located in the NE 1/4 of the NE 1/4 of Section 35, T5, R73W of the 6th P.M., being a Portion of Lot 7, Summervilla Subdivision, Applicant: Trendwest Resorts. Staff reported that a PUD is requested to facilitate a proposal to redevelop the existing 64 commercial accommodations units located on-site (Big Thompson Timberlane Lodge) into 66 accommodations units, all with kitchens. Shawn O'Donahue/Ankrom Moisan Architects gave a PowerPoint presentation of an overview of Phase I of proposed development and project phasing. Trustee Levine requested clarification on the 10' trail easement connection and Mr. O'Donahue replied that the trail easement is being provided and the surface will be gravel until such time as the Town constructs/connects the formal path. Staff clarified that the commercial lot is not included in density calculations. Town Attorney White read Ordinance #9-04 rez6ning the property from A-Accommodations to C-O Commercial Outlying. Audience comment was heard from George Hockman who called attention to the official noxious weed "diffused knapweed" as seen in the presentation-it is the property owner's responsibility to remove it. Th6re being no further testimony, Mayor Baudek closed the public hearing. It was moved and seconded (Newsom/Pinkham) Ordinance #9-04 rezoning the property as stated above be approved, and it passed unanimously. It was also moved and seconded (Doylen/Levine) P.U.D. #04-02 be approved, and it passed unanimously. 2. ACTION ITEMS: 1. PUBLIC HEARING - 2003 INTERNATIONAL CODES - ORDINANCE #7-04. Mayor Baudek opened the public hearing, and Chief Building Official Birchfield presented the following building codes for adoption: • International Residential Code (IRC) • International Building Code (IBC) • International Existing Building Code (IEBC) • International Mechanical Code (IMC) • International Fuel Gas Code (IFGC) • International Plumbing Code (IPC) • International Energy Conservation Code (IECC) Official Birchfield gave a PowerPoint presentation, adding that currently, the Town is using the 1997 Uniform Building Codes. The International Codes creates one Code for uniformity throughout the nation. Three model code groups began their work 10 years ago; they are now named the International Code Council (ICC); and the codes are more flexible as they allow for alternate materials. The Codes have been endorsed from national, state and federal agencies; Colorado State has now adopted the IPC; and Larimer County has adopted all seven codes. The IRC is a new concept and serves as a stand-alone code for single-family homes. Staff was proactive with local designers and builders by conducting several workshops and code copies were placed at the Library. Pursuant to various public concerns, staff prepared associated amendments and all were presented to the Community Development Committee. The amendments represent over 80% consistency with Larimer County and over 10% consistency with local regulatory agencies. The Committee recommended approval November 4".
Board of Trustees - December 14, 2004 - Page 4 Town Attorney White read Ordinance #7-04 adopting all seven International Codes listed above and clarified that the emergency clause has been included to provide for a January 1, 2005 effective date. Public testimony in support of the code adoption was heard from Steve Lane/Basis Architecture and Bill Van Horn. Mr. Van Horn did, however, urge the Board not to impose wood burning restrictions over the 7,000' elevation as included in staffs amendment, thereby remaining consistent with the County. Public testimony opposed to the IPC was heard from Ron Lord, representing the Uniform Plumbing Code. Larry Pettyjohn/Estes Park Plumbers commended Bldg. Official Birchfield for his effort in meeting with the local building trade; however, he expressed concern with national homebuilders and their affect on the International Code Council. Birchfield stated that the ICC had no vested interest and their goal in preparing the 1- Codes was to protect the community. Cheri Pettyjohn added that she was aware of only 2 local plumbers that support the IPC. Tom Atkins/Atkins Electric spoke in favor of the state electrical inspector, requesting the Town not proceed with plans to conduct electrical inspections in-house. Mr. Atkins was advised that electrical inspections are a separate issue, not contained in this ordinance, and when appropriate, it will be discussed at a Community Development Committee meeting. There being no further testimony, Mayor Baudek closed the public hearing. It was moved and seconded (Jeffrey-Clark/Levine) Ordinance #7-04 be adopted, striking Item 8 'wood burning emission standards', Exhibit A, pgs. 20 and 21, Section R1003.1.1., (as contained on Pg. 2 of Official Birchfield's memorandum), officially changing the name of the department from Protective Inspection to the Building Safety, and correcting Section 103.2 Appointment, Exhibit D to read: "The Director of Community Development shall appoint the code official." The motion passed unanimously, and the Board praised Bldg. Official Birchfield for a job well done. 2. REAPPOINTMENT: ESTES VALLEY PLANNING COMMISSIONERS. Mayor Baudek requested re-appointment of Richard E. Homeier and Edward Pohl to the Estes Valley Planning Commission for 4-yr. terms, expiring 12/31/08. It was moved and seconded (Pinkham/Levine) Commissioners Homeier and Pohl be re- appointed, and it passed unanimously. 3. LIQUOR LICENSING: TRANSFER OF OWNERSHIP FROM SANG & INJA PARK TO DCT INTERNATIONAL CORP./WOOSEONG KIM, dba MOUNTAIN DEW LIQUOR. Town Clerk O'Connor presented the Transfer of Ownership Application for Mountain Dew Liquor. Mayor Baudek stated the Board takes liquor licensing and adherence to the Liquor Code very seriously, particularly enforcement against sale to minors. Mr. Kim was in the audience and confirmed that required TIPS training has th been scheduled December 27. It was moved and seconded (Doylen/Habecker) the Transfer of Ownership application be approved, and it pAssed unanimously. 4. RECALL PETITION - RESOLUTION #22-04 SETTING SPECIAL RECALL ELECTION. Town Clerk O'Connor confirmed that petition signature verification (based on the Larimer County Voter Registration Records) was completed December 2,2004, as follows: • The Recall Petition, requesting the recall of Trustee Habecker was submitted November 24,2004. • The Recall Petition contained a total of 246 signatures. • Two hundred eighteen (218) signatures were verified.
Board of Trustees - December 14, 2004 - Page 5 • A Written Determination that the Recall Petition was Sufficient was issued December 2nd. Therefore, based upon the above findings, the Recall Petition was officially declared sufficient and it was presented to the Town Board. The Board must set a date for election (on any Tuesday) not less than 30 days nor more than 90 days from today's submittal date. The Special Recall Election will include replacement candidates, and candidate nomination petitions will be available 12/15/04. Town Attorney White read Resolution #22-04 setting the Special Recall Election date of Attorney White confirmed that Trustee Habecker could legally participate in discussion and vote. Discussion followed on the election date, and audience comments were heard from Ken Coleman (encouraged an election date as soon as possible), and Jim Tawney (delay until the last possible date). Trustee Levine moved #22-04 be approved calling for a special recall election on February 15, 2005. Trustee Pinkham seconded the motion, and it passed with Trustee Habecker voting "No". Trustee Doylen remarked that the recall action is damaging and divisive to the community, and Trustee Habecker commented on his obligation to the 218 residents that signed the recall petition. 4. 2004 BUDGET - SUPPLEMENTAL BUDGET RESOLUTION #23-04. Town Administrator Repola briefed the Trustees on the standard supplemental budget resolution. Attorney White read the Resolution, and it was moved and seconded (Habecker/Levine) Resolution #23-04 be approved, and it passed unanimously. 5. TOWN ADMINISTRATOR'S REPORT. A. Personnel. Finance Officer Brandjord has submitted his resignation and his last day of employment with the Town is January 7,2005. B. Sales Tax Report. The report indicates a 10.64% increase for October. Of the twelve categories, the general merchandize (retail) and automotive groups did not indicate an increase. Following completion of all agenda items, Mayor Baudek noted that the next regularly scheduled Town Board meeting is January 11, 2005, and he adjourned the meeting at 10:03 p.m. John Baudek, Mayor Vickie O'Connor, Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, December 16, 2004 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 the 16th day of December, 2004. Committee: Chairman Habecker, Trustees Jeffrey-Clark and Levine Attending: All Also Attending: Town Administrator Repola, Deputy Clerk Williamson, Public Works Director Linnane, Construction and Public Facilities Manager Sievers, Senior Electrical Engineer Matzke Absent: None Chairman Habecker called the meeting to order at 8:00 a.m. CONVENTION AND VISITORS BUREAU BUILDING CONSTRUCTION - GENERAL CONTRACTOR SELECTION. The proposed CVB Building Construction Project will be constructed under the Design/Build Concept in 2 parts: Part 1 - Selection of contractor and a detailed cost estimate referred to as the Preliminary Guaranteed Maximum Price (PGMP); Part 11 - Final design and Guaranteed Maximum Price (GMP). Approval of the PGMP by the Town Board is necessary prior to moving forward with the second phase. Selection of a general contractor signifies the beginning of the Design/Build Part I process. After a series of discussions between staff and Basis Architecture, three general contractors were interviewed for the CVB general contractor position. Cornerstone Construction Concepts, Westover Construction and Dallman Construction were interviewed by Town staff and Basis Architecture on December 8th. Town staff unanimously selected Dallman Construction due to the presentation detail level, project insight and level of service description and service guarantee. A December 1 0th follow-up meeting with Dallman Construction confirmed staffs decision. Steve Lane assured staff that Basis Architecture/Dallman Construction is a good match and that the team would provide a high quality project. Trustee Levine thanked the committee for seeking out other construction companies. The Committee recommends approval of Dallman Construction as general contractor and Basis Architecture as a subcontractor for the Convention and Visitor Bureau Building Project Design/Build Part I. DIGITAL SPEED SIGNS AT HIGHWAYS 34 & 36 In August, 2002 the Public Safety Committee directed Police Department staff to conduct a study concerning the feasibility of erecting L.E.D. radar speed signs and the need for such devices. In October and November, 2004 a series of speed studies were conducted on the specific sites and the study results revealed the following: 1. Over a one week period to include weekends on Highway 34 and Elk Trail Court, the average speed for westbound only in the posted 35 mph area, revealed 85% of all vehicles traveled at a speed of 47.3 mph.
RECORD OF PROCEEDINGS -- --V-"0 Public Works Committee - December 16, 2004 - Pkie 2 2. Over a one week period to include weekends on Highway 36 and 2nd Street, the average speed for westbound only in the posted 35 mph area, revealed 85% of all vehicles traveled at a speed of 46.0 mph. This informal study demonstrates a traveling speed of the driving population on these two primary highway entry points exceeding the posted limit by a minimum of ten miles an hour. Highway 7 was not included in the initial study, however, based on the results of the Highway 34 and 36 studies, it is safe to assume similar speed limit violations are occurring on this roadway as well. Staff received the following bids: Precision Solar Control, Garland, TX (3) Speed Awareness & Offender Alert Signs $14,250 Traffic Signal Controls Inc., Longmont, CO (3) Speed Awareness & Offender Alert Signs $13,050 Staff recommends that Traffic Signal Controls Inc. receive the award for the L.E.D. radar speed signs and that they be posted at the following locations: Highway 34 and Elk Trail Court westbound lane, Highway 36 and 2nd Street westbound lane, and Highway 7 and Community Drive northbound lane. The Police Department will fund the purchase and Public Works will install the necessary wiring and equipment. If approved, an order will be placed before the end of the year with the equipment delivered within 30 days. Staff has met with CDOT officials receiving preliminary approval to erect these signs at the designated locations, however, approval for utility permits are pending final approval of an installation plan. The Committee recommends approval of the purchase of 3 Speed Awareness and Offender Alert Signs from Traffic Signal Control at a cost of $13,050.00. REPORTS. 1. Trails: Fish Creek and Fall River Trail Projects. Final review of the construction plans for the Fish Creek Trail to Scott Avenue was held December 15~h with CDOT attending. Bidding for trail construction should occur the end of January with possible construction beginning in March. Federal grant funds may be available to complete the Fall River Trail. 2. Street Sign Replacement Proiect. The Committee received an update. It will be the first of the year before additional samples will be available; however a better price has been obtained. The current cost estimate is approximately $20,000 as an in-house project. Next step is determining where and when to begin replacing signs. Due to frost depth, this project may be delayed until fall of 2005. There being no further business, Chairman Habecker adjourned the meeting at 8:26 a.nl. Jackie Williamson, Deputy Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, January 6,2005 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 6th day of January, 2005. Committee: Chairman Doylen, Trustees Habecker and Levine Attending: . All Also Attending: Town Administrator Repola, Clerk O'Connor, Directors Kilsdonk, Joseph, Pickering, Mgrs. Mitchell and Hinze, Building Official Birchfield Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. MUSEUM/SENIOR CENTER. 1. Museum. A. Coolest Car Show. Since 2001, the show has been held July 4th at the Visitor Center/Parks Dept. area, off Hwy. 34. Due to proposed Center construction, an alternate site was necessary. Based on event criteria, the Friends are requesting approval of: (1) Bond Park (fencing is proposed to control attendance and charge admission), and (2) street closure of MacGregor Ave. from Park Ave. north to the Hwy. 36 Bypass. The street would be blocked off from approximately 9.00 a.m. to 4:00 p.m. on July 4th. Organizers have discussed driveway closures with affected property owners, First National Barik and Dennis Brown, and they do not oppose the proposal. Special Events and the Police Departments also support the event contingent upon the Friends obtaining written confirmation from the property owners for the driveway closures. Car Show spokesman Dick Brown provided additional background information. Pedestrian traffic could be directed off MacGregor to the Knoll-Willows Trail as alternate access to downtown. The Committee recommends approval of Bond Park and street closure as presented, including written confirmation from affected property owners. The Committee commended the Car Show group for their successful fund raising efforts. REPORTS: • Museum Bi-Monthly Report. The year in review was discussed as well as upcoming programs and the Exhibit Schedule. • Senior Center Bi-Monthly Report. The Committee reviewed General Operations,, Sr. Ctr. Board Activity, Programming and Community Collaboration. Nancy Matson has filled the Program Coordinator position and she will begin January 18m COMMUNITY DEVELOPMENT. 1. Combination Inspector - Electrical Inspections. Currently, electrical inspections for both Town and County properties are conducted by the State. The State Electrical Inspector performsinspections three days/week. With the recent hiring of Ben Espenoza who is a Combination Inspector, the Town can now provide electrical inspections within Town limits on a daily basis. Staff believes the consolidation of inspection responsibilities will result in improved efficiency and timely delivery of inspection services, and access to Town staff will meet or exceed access now available to the State Inspector. The proposal does not in any way reflect dissatisfaction with the current State
RECORD OF PROCEEDINGS Community Development - January 6,2005 - Page 2 Electrical Inspector, and identical minimum qualifications apply to this position whether it is filled by a State or Town employee, and identical code requirements apply. Electrical inspections would increase workload by 15- 20%, and permit revenues could be increased by 7-9%. County electrical inspections would continue to be performed by the State Inspector. Public comment was heard from Tom Atkins who provided background information and, in summary, expressed his support of retaining the State Electrical Inspector for all Town electrical inspections. Specific questions raised include: how would inspections be managed in the absence of Inspector Espenoza, is this a revenue-making decision, could volume reduction negatively impact the State Inspector's Estes Park schedule, and what is the plan for appeals. Chief Building Official Birchfield reviewed state statute criteria that allows municipalities to conduct electrical inspections, and noted the significant expertise level of both himself and Inspector Espenoza. In summary, staff is planning a workshop early in February with local electrical contractors to discuss this Town proposal and gather their input. No further action was taken pending the electrical contractor meeting. Staff will present their findings and recommendation for the best course of action for the Town at the next Community Development Committee meeting, February 3rd. 2. Knoll-Willows Birch Ruins Viewing Platform - Request Additional Grant Funding. Staff reported that a viewing platform in and around the ruins was recommended in a Historic Structure Assessment of the ruins funded by the State Historical Fund Grant. The Knoll-Willows Master Plan (adopted by the Town Board 2/03) guides limited development of the site as a natural area that includes an interpretive foot trail that terminates at the ruins. Staff has determined that the original cost estimate of this structure ($10,000) was too low, and thus approval is being requested to spend an additional amount between $10-15,000 to complete design and construction. The total cost of the platform is expected to be between $20-25,000, and funding is from the Larimer County Open Space Fund. Discussion followed, with the Committee recommending staff be authorized to proceed with: (1) a design/build concept, and (2) a maximum expenditure up to $25,000 for design and construction; funding will be expended from the existing budget appropriation in the Larimer County Open Space Fund. Staff was also directed to return to the Committee with the final cost estimate. REPORTS: • The Building Permit Summary Report will be distributed to all Committee members. • Personnel. Michelle Acers has filed the Building Permit Technician position. SPECIAL EVENTS DEPARTMENT. 1. Hogwild Productions Agreement - Motorcycle Rallv June 1St~5th, Fairgrounds. Mgr. Hinze provided background information and introduced Tim Hauder/Hogwild. Productions who is proposing to host a motorcycle event • Entertainment (light-style rock concerts) and activities to attract a wide range of attendees. Organizers believe that their pricing will attract middle to upper class professionals and Christian riders during a historically
RECORD OF PROCEEDINGS Community Development - January 6,2005 - Page 3 sluggish weekend during the summer season. The concert will end no later than 10:00 p.m. • Motorcycle demonstrations (on a pre-determined route), headlined by a jump by Robbie Knievel over 18 trucks. Other activities include a consignment auction, demo rides, exhibits by industry vendors, and local non-profit group fund raisers, with donations being given to Larimer County. • Projected attendance is between 30-32,000. • Site Security. Have met with Police Chief Richardson, and, based on adequate responses addressing security staff, daily management of traffic to and from the event site, noise mitigation enforcement issues, the Dept. endorses the proposal. Additionally, organizers will meet with the Recreation District and a private security firm for on-site security. • RV or tent camping will not be allowed on-site. The use fee for 6 days is $8,000, plus 25¢/ticketed person. Trustee Habecker commented on motorcycle noise, suggesting organizers advise their participants of the noise ordinance; additionally, he will encourage the Police Dept. to vigorously enforce said noise ordinance. Event organizers support the noise ordinance and intend to provide adequate notice in their event materials. Mr. Hauder confirmed that all entrances will be gated and any inappropriate activity (should any occur), would be held in the controlled beer tent. Following conclusion of all discussion, the Committee recommends approval of the Agreement with Hogwild Productions. Scott Day/Quick Throttle Magazine noted that he is a new resident, well experienced in motorcycle rallies and that he is assisting Mr. Hauder. 2. Auto Extravaganza Event, August 20th, Co-sponsored by the Special Events Dept. and Estes Park Car Club. Organizers are requesting the closure of MacGregor Ave. between Elkhorn Ave. and Park Ave. on August 20U from 8:00 a.m. to 4:00 p.m. The Police Department supports the request. The Committee recommends approval of the request as presented. 3. Truck Purchase. This item was continued to the February meeting. 4. Copier Purchase - Request authorization to Bid Budaeted Copy Machine. Staff is requesting approval to seek bids for a copy machine,; actual bids will be presented to an upcoming Community Development Committee meeting for the bid award. The Committee recommends staff be authorized to solicit bids for the copy machine as requested. MISCELLANEOUS. Chairman Doylen requested further consideration be given to relocating the Santa Claus Christmas Display to its original position on the Knoll. Administrator Repola noted that as the cost was prohibitive to return the display to this location, it was placed near the Parks Shop on Hwy. 34. Staff intends to continue discussions on the Knoll-Willows as well as other alternate sites. There being no further business, Chairman Doylen adjourned the meeting at 9:18 a.m. Vickie O'Connor, CMC, Town Clerk
Estes Park Housing Authority (EPHA) Board Meeting I)ate: November 10,2004 Members Present: Susan Doylen„ Eric Blackhurst, Catherine Jensen; Karla Porter, Jack Dinsmoor Members Absent: Staff Present: Rita Kurelja, Sam Betters, Rich Ekwall, , Mariann Pugh Others Present: Joe Wise, Trail Gazette representative Guests: The November 10, 2004 meeting o f the Estes Park Housing Authority was called to order by Chairperson Susan Doylen at 8:35 a.m. in room 203 ofthe Estes Park Municipal Building. APPROVAL OF MINUTES Motion was made to approve October 13, 2004 minutes of Estes Park Housing Authority Board of Commissioners meeting by Eric Blackhurst and seconded by Karla Porter.. Vote was called for. All voted Aye. Motion to approve the October 13, 2004 minutes ofthe Estes Park Housing Authority passed. FINANCIAL REPORTS- None to Report Sam Betters reported to the Board several options regarding the $700,000 that EPHA now has in the bank. 4 The Fannie Mae note of $189,000 now on the books between the EPHA and Fannie Mae. Sam suggested the note be paid off, then loan the funds back to Estes Investors at the same interest rate. Karla suggested getting Title Insurance 4 Lot 4, HAC note of $405,000 @ 5% interest. Sam did NOT recommend paying this note off at this time. 4 Perhaps up to $100,000 might be needed for the Cleave Street Project 4 It would be wise to set aside funds for projects or developments that present themselves in the future. 4 Eric suggested we look at short term CDs for any remaining balance. Motion to prepare documents for the payoffof the $189,000 Fannie Mae Vista Ridge note was made by Jack Dinsmoor and seconded by Eric Blackhurst. All voted Aye. MOTION TO PREPARE DOCUMENTS FOR THE PAYOFF OF THE VR/FANNIE MAE NOTE PASSES. DEVELOPMENT UPDATES Vista Ridge Rick Ekwal reported that Vista Ridge had received the certificate of substantial completion on November 5,2004. All Certificates of Occupancies have been received. Landscaping looking good. Phase III bids are out and due back November 16. Five contractors bidding. Would like to start infrastructure yet this year. Engineers are looking at Phases 4 and 5 now. It is possible that some redesigning might have to occur. EPHA Board Meeting Minutes Pagel
Sales: 3 market Rate units left and 1 affordable. Still waiting on FHA approval. COMMITTEE REPORTS Communications to Report - none to report. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Cleave Street - • Occupancy and Delinquency Report- 1 vacancy at end of Oct, that is now filled. $1800 in delinquency that will be written off and sent to collections. Talons Pointe • Mariann reported that there were 7 vacancies with screenings in progress. OTHER BUSINESS- Cleave Street Renovation: DOH has asked us to reapply after we have a chance to get hard bids from contractors. With the Boards approval, Dave Lingle will be drawing up plans and from there it will go out to bid. Motion to engage the services of Aller Lingle Architects to draw up plans, drawings and specifications was made by Jack Dinsmoor and seconded by Eric Blackhurst. Vote was called for and all voted Aye. Motion passes. Open Commissioner Position Chairperson Susan Doylen will not be renewing her term which expires in April 2005. We will research the governing documents for the correct procedure as it relates to the Town Board. Ms. Doylen is committed to staying on in her capacity with Vista Ridge. Christmas Party- set for Wednesday, December 1,2004. ADJOURN Motion to adjourn was made by Eric Blackhurst and seconded by Catherine Jensen. All voted Aye. Meeting was adjourned at 9:30 am. Respectfully submitted, Rita Kurelja Estes Park Housing Authority Program Manager EPHA Board Meeting Minutes Page 2
RECORD OF PROCEEDINGS Town o f Estes Park, Larimer County, Colorado, January 3,2005 Minutes of a Regular meeting of the FIREMEN'S PENSION BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 3rd day of January, 2005, Committee: Mayor Baudek, Fire Chief Dorman, Finance Officer Brandjord, EPVFD Member Birchfield, Deputy Williamson Attending: Mayor Baudek, Fire Chief Dorman, Finance Officer Brandjord, EPVFD Member Birchfield, Human Resource Mgr. Parrack, Deputy Williamson Absent: Member Landkamer Mayor Baudek called the meeting to order at 9:40 a.m. DEATH BENEFIT - APPROVAL (RETROACTIVE). A. It was moved and seconded (Dorman/Brandjord) a death benefit be paid to the surviving spouse/family of Ralph Sahm, who passed away October 30,2004. B. A death benefit has not been paid to the surviving spouse/family of Jack Seybold, who passed away February 12, 2004. Finance staff will send a letter to the last known address requesting a response. RETIREMENT BENEFITS: A. APPROVAL (RETROACTIVE). The Board reviewed the pension application submitted by Robert L. Leadley dated December 3,2004. Mr. Leadley is eligible for benefits, and it was moved and seconded (Dorman/Birchfield) the Application be approved, and it passed unanimously. B. PAYMENT PROCESS FOR FUTURE RETIREES TO ELIMINATE DELAYS IN RECEIVING PENSION BENEFITS - DISCUSSION. Currently, pension benefits must be approved by the Pension Board prior to receiving a pension. Staff is seeking approval to amend the payment process that would authorize pension benefits to occur immediately following verification of years of service and by the EPVFD Secretary. The application would then be submitted to the Finance Dept. and this action would be reported to the Pension Board at a subsequent meeting; this amendment should eliminate undue delays in receiving pension benefits. It was moved and seconded (Birchfield/Dorman) the EPVFD and Staff be authorized to process pension benefits once the retiree's pension criteria has been verified as described above, and it passed unanimously. ACTUARIAL VALUATION FOR 2005 - DISCUSSION. The Volunteer Firefighters' Pension Fund requires that an actuarial valuation must be performed every two years and this study is due in 2005. Milliman USA (current consultant) has been contacted requesting an engagement letter. Following discussion, it was moved and seconded (Dorman/Brandjord) Staff be authorized to sign an engagement letter with Milliman USA not to exceed a 25% increase from the previous actuarial study performed in 2003, and it passed unanimously.
RECORD OF PROCEEDINGS Firemen's Pension Board - January 3,2005 - Page 2 INVESTMENT PERFORMANCE AND INVESTMENT POLICY Finance Officer Brandjord reviewed the Firemen's Pension fund balance. The Firemen's Pension fund is currently managed by the Town using a short term investment horizon. The Town's investment management firm, MBIA, could manage this fund separately with a longer term investment horizon. Following discussion, it was moved and seconded (Dorman/Birchfield) the investment horizon be extended up to 5 years in compliance with the Town's adopted investment policy for all funds except funds to pay current retirement benefits, and it passed unanimously. There being no further business, Mayor Baudek adjourned the meeting at 10:15 a.m. Jackie Williamson, Deputy Town Clerk
RESOLUTION NO. 1-05 WHEREAS, Section 26-6-402(2)(c) of the "Colorado Sunshine Act of 1972" as amended, requires a municipality to designate a public place to post notices of its meetings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That the lobby area immediately adjacent to the Administrative Offices in the Estes Park Municipal Building, located at 170 MacGregor Avenue, Estes Park, Colorado, is hereby designated as the Public Place for Posting Notices of Town Meetings. DATED this day of ,2005. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk
Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Widmer From: Vickie O'Connor, Town Clerk Date: January 7,2005 Subject: Rental Agreement Background. Election Equipment Rental. The Town rents all Accu-Vote Election Equipment from Larimer County. To formalize the rental, the County requires an Agreement. As you can see, I have arranged for the following: 1. Two Accu-Vote voting units at $250/ea. 2. Five voting booths at $10.00/ea. The total rental fee is $550.00. Additional County expenses outside of this Agreement include the registration list and poll book. Budget The 2005 Budget contains $5,000 in the Election Fund. Action: Staff request approval of the Rental Agreement in the amount of $550.00.
AGREEMENT FOR RENTAL OF ELECTION EQUIPMENT This agreement is made effective this 27th day of December, 2004, between the COUNTY CLERK AND RECORDER, LARIMER COUNTY, COLORADO ("County"), and the Town of Estes Park ("Entity"). The County hereby rents to the Entity and the Entity rents from the County the following equipment for use in the Entity's recall election on February 15, 2005: 1. Two (2) voting units (ACCU-VOTES), seals, ender cards, spare printer tape and ribbon for each unit. Two (2) Accu-Vote black ballot boxes and 10 security sleeves (8.5 x 11). Rental fee is $250 per voting unit. The county will also provide a voting unit as a backup. 2. Five (5) Voting Devices (booths). Please include as one of the 5 an ADA voting booth. Rental fee is $10.00 per device. The county will also provide 2 voting devices as backup. 3. The Entity agrees to pick up the equipment from the County. 4. The Entity agrees to return the units to the County within five working days after the election to be held on February 15, 2005. 5. The Entity agrees to pay for any unit/device repair or replacement cost for damages to the units and/or devices incurred during the rental period. It is agreed the replacement cost of each unit is $6,500.00. The replacement cost of each device is $250.00. AGREED: Scott Doyle COUNTY CLERK AND RECORDER Town of Estes Park Scott Doyle By: County Clerk and Recorder
MEMORANDUM TO: HONORABLE MAYOR BAUDEK, BOARD OF TRUSTEES, TOWN ADMINISTRATOR REPOLA FROM: PETE BRANDJORD, FINANCE OFFICER SUBJECT: AGREEMENT FOR SERVICES DATE: JANUARY 5,2005 CC: Background. The Town of Estes Park provides a Flexible Spending Plan for its employees, which allows the employees to receive pre-tax treatment of qualifying medical and dependent care expenses paid by the employee. The Town is required to adopt the plan annually by resolution to continue the program. Budget The Flexible Spending plan allows employees to reduce taxes on qualifying expenses, and the Town also saves 6.2% in payroll taxes (FICA) on each dollar which is spent by employees through the program. The maximum amount allowable for employee contributions for medical expenses has been increased from $3360 in 2004 to $5500 for 2005. The amount was increased in response to employee requests for a higher limit, as increased utilization had caused instances where employee accounts were exhausted well before the plan year end. Action Policy Issues -none Technical Issues - The revised agreement does not require any additional services to be provided by the Town.
RESOLUTION NO. 2-05 WHEREAS, the Town of Estes Park, Colorado is authorized to adopt benefit plans, the Town hereby adopts the following measures as a formal action. WHEREAS, the form of Cafeteria Plan, including a Dependent Care Assistance Program and Health Care Reimbursement Plan effective January 1, 2005, presented to at this meeting is hereby approved and adopted and that the duly authorized agents of the Town are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the Plan; and WHEREAS, the Administrator shall be instructed to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide benefits under the Plan; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO that the duly authorized agents of the Town shall act as soon as possible to notify the employees of the Town of the adoption of the Cafeteria Plan by delivering to each employee a copy of the summary description of the Plan in the form of the Summary Plan Description presented at this meeting, and which form is hereby approved. INTRODUCED, READ, AND PASSED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK on this day of ,2005. TOWN OF ESTES PARK, COLORADO Mayor ATTEST: Town Clerk
MEMORANDUM - 'I:22 , To: Honorable Mayor Baudek and Board of Trustees From: Randy Repola *4 I)ate: January 7,2005 Subject: 2005 Pay Plan Background Pursuant to the Town's compensation policy, the Town provides annual salary increases based upon a cost of living adjustment (COLA) and, or performance (merit). These adjustments are made in either January or February of each year. The COLAs, merits and sales tax data for the last three years are provided in the table below. COLA is determined by the Denver-Boulder Consumer Price Index as of June. The CPI had declined 0.7% as ofJune 2004 (data for calendar year 2004 CPI will come out in about February). Year COLA Merit Total Sales tax* 2002 3.8% 1.9% 5.7% -1.98% 2003 1.9% 1.1% 3.0% 2.20% 2004 1.8% 0 1.8% 4.0%** *Change from previous year * *Estimated year-end sales tax In addition to annual merit and COLA increases, salaries are also adjusted based upon market data. Staff conducts an annual survey of benchmark positions to determine appropriate pay grades for all positions. When data indicates that a position is 5% or more below the market rate, that position is adjusted during the current year. Four positions were adjusted in 2004. During the 2005 budget process, the Board directed staff to look into options for salary increases to include a combination ofmerit increases and one-time bonus payments. (Background continues on page 2) Budget The 2005 budget included 5% for salary increases in 2005. Total payroll in 2004 was approximately $5.17 million for all funds. Five percent of 2004 payroll is approximately $258,000. Additionally, 2% is $103,400, 3% is $155,000, and 4% is $206,800. Action Consideration of the options presented and approval of a 2005 pay plan.
Staff surveyed 14 Colorado municipalities (copkof da-ta table attached) to determine how they anticipate handling compensation in 2005. None ofthe surveyed entities is using a bonus system. Furthermore, these cities and towns will be adjusting salaries through merit and cost of ~ living in an amount that averages about 4% (ranging from 1 % to 7% bask upon performance). Interestingly, very few ofthe surveyed municipalities is giving a COLA. Options For 2005, staff is recommending two pay plans for your consideration. Option #1: 2% merit pool and 3% bonus pool. Merit increases will be awarded in February .4 following 2004 performance review and bonus awards will be given on the employee's anniversary date. This would also be a first step toward conducting annual performance reviews on anniversary dates in the future Option #2: This option has two components: one for employees in pay grades 59 and above (all supervisory) and another for employees in pay grades below 59. Supervisory personnel in grades 59 and above, they would receive merit and, or bonus awards from pools of 2% and 3% respectively. All other personnel would receive merit from a 4% pool. All awards would be given on each employee's anniversary date following a performance review.
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Memo Date: December 29,2004 To: Town Board From: Gregory A. White RE: Ordinance /-0 5 - Application for Permanent CBT Water Allotment Contract BACKGROUND: In 2004, the Town acquired one unit of Colorado Big Thompson Water (CBT) pursuant to the Water Lease Agreement with owners in the Glacier View Subdivision. Pursuant to the rules and regulations of the Northern Colorado Water Conservancy District (NCWCD), the Town is required to transfer this one unit o f CBT water to a Permanent Section 131 Contract by March 1, 2005. The purpose o f Ordinance is to auhtorize application to the NCWCD for conversion of one acre-foot of CBT water from a Temporary Use Permit to a Permanent -Allotment Contract. BUDGET: There are no budgetary implications. ACTION: Staff recommends approval of Ordinance /- 0 4- .
% MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Randy Repola ~ Date: January 10, 2005 Subject: Interim Finance Officer Background With Pete Brandjord's resignation, we have named Debbie McDougall as Interim Finance Officer. Debbie was recently promoted to Accounting Manager and will be fulfilling that role as well as Finance Officer duties. In order to modify certain signature requirements with our bank this interim appointment must be approved by the board. Budget Debbie will receive a temporary salary increase during the time that she is handling the interim responsibilities. The increase will be funded from the savings associated with the vacancy created by Pete's departure. There are adequate funds for this temporary increase. Action A motion to approve the appointment ofDebbie McDougall as Interim Finance Officer.
ORDINANCE NO. 1-05 AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF ESTES PARK, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF ESTES PARK BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Estes Park, a Colorado municipal corporation (hereinafter called "Applicant"), in order to obtain the perpetual right to use Colorado-Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, by contract for the beneficial use of water from Northern Colorado Water Conservancy District, shall by ordinance authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: That the Town of Estes Park has determined to apply for a contract providing for the beneficial use of One (1) acre-foot of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mayor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to-wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Estes Park, through its Board of Trustees acting as governing body of a water activity enterprise, hereby applies to Northern Colorado Water Conservancy 1
t. District, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, 1973, for a contract for the right to beneficially use Colorado-Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is One (1). acre-foot to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of said District shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall · be situated within the boundaries of Northern Colorado Water Conservancy District. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one-three-hundred-ten thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of the District to be available for delivery from the water supplies of the District. Applicant agrees that such water shall be delivered from the works of the District at such existing District delivery point or points as may be specified by the Applicant and that the water delivery obligation of the District shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of the District. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of said District at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from the District that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by said District to the Applicant at the following address: P. O. Box 1200, Estes Park, CO 80517. 2 l
Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of said District in accordance with the applicable provisions of C.R.S. Section 37- 45-132 and 7-42-104. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above the District's actual expense in terminating and disposing of the contract right of use. 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of the District; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use i& made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of said District. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; by Section 37-45-131; by the Rules and Regulations and policies of the Board of Directors of said District; and by the Repayment Contract of July 5, 1938, between said District and the United States and all amendments·thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with said District if and when the Board of said District finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of the District; additional annual monetary consideration for extension of District delivery services and for additional administration, operation and maintenance costs; or for other costs to the District which may arise through provision of services to the Applicant. Section 3: 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 , 2005 3
eL TOWN OF ESTES PARK BV Mayor ATTEST: Town Clerk 4
& al mEA h £ 2 -· C' (D a. 0> 5 b S a> a. M U) . & 3 2 f X E 0 M (D 0 . A · , February 214,301 216,038 0.81% 246,150 13.94% 251,076 2.00% 291,508 16.10% 260,415 -10.67% 243,192 -6.61% 300,897 23.73% 227,601 272,203 19.60% 282,663 3.84% 233,275 -17.47% 331,425 42.07% 301,480 -9.04% 294,622 -2.27% 313,702 6.48% 580,200 649,522 11.95% 667,229 2.73% 687,192 2.99% 734,863 6.94% 751,262 2.23% 716,004 -4.69% 757,378 5.80% 785,123 855,485 8.96% 886,921 3.67% 896,173 1.04% 942,029 5.12% 929,786 -1.30% 1,026,781 10.42% 975,978 -4.95% August 815,371 788,676 -3.27% 798,749 1.28% 854,412 6.97% 844,027 -1.21% 952,370 12.84% 995,474 4.53% 860,882 -13.52% MONTH 1997 1998 % Change 1999 % Change 2000 % ange 2001 %C 2002 % Change 2003 % 2004 % ( Prev. Year Prev. Year January 173,414 221,731 27.86% 219,615 -0.95% 253,113 15.25% 274,452 246,462 -10.20% 244,444 -0.82% 268,212 205,841 264,186 28.34% 256,815 -2.79% 329,263 28.21% 291,313 -11.53% 308,495 5.90% 289,585 -6.13% 267,675 -7.57% 362,036 374,411 3.42% 412,874 10.27% 452,373 9.57% 410,545 -9.25% 438,016 6.70% 432,022 -1.37% 506,713 17.29% September 553,988 675,415 21.92% 738,133 9.29% 789,288 6.93% 850,640 7.75% 744,277 -12.51% 731,119 -1.77% 741,005 1.35% October 315,578 470,937 49.23% 491,217 4.31% 495,365 0.84% 445,700 -10.03% 416,253 -6.61% 478,396 14.93% 529,319 10.64% November 264,411 280,187 5.97% 294,659 5.17% 307,340 4.30% 384,270 25.03% 315,208 -17.97% 352,803 11.93% 371,236 5.22% %00.8- *82998 %St't, 68*'fLE % LVE- 829'698 569*' L L 988'ELE %8 ~'9 6L0'1788 %:L.8 169'*LE £88'688 JeqU,8000 Z66'268'9 92'LZL'9 £ L 9'8go' 9 098'09 L'9 EL'LE6'9 ~0'629'9 28£'888'9 EE'ZeZ'l, 9689'L %031 %867- %*0* %6LE %95 k 569*.8 k OF ESTES AR from