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HomeMy WebLinkAboutPACKET Town Board 2005-12-13-1.- 9 :/flu.O a 1 dial r Prepared 12/5/05 kk 4,6.. -· Revised 12/6/05 . W. ; TOWN OF ESTES PARK .'.8.'· ' 9-- '41'i:? 2 ; ' ii*43,3 ·-t. 3.4,4114%''/'~2.:f.4:--:0-itt·.~ ' :~ >p . rift )42 - .2 0,- 42>...5<.fp~-:·-ft.91·:9'll.:,f'....45'li - 7,1.4.-t:-'. 04- N ..k.,.Ke: 6, 1-1. ....% 424.8 The Miseion of the Town of Estes Fark le to plan and provide reliable, h!0h-value eervices for our citizens, visitors, and employees. We take 0reat pride ensuring and enhancinG the quality of life In our community by Deine 0ood etewards of public resources and our natural eettind. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, December 13,2005 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE SWEARING-IN CEREMONY: Town Clerk Williamson and Robert Schumaker, Police Sergeant. PUBLIC COMMENT (Please state your name and address) TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 22,2005. 2. Bills. 3. Committee Minutes: A. Community Development, December 1,2005: Convention and Visitor Bureau: 1. Stanley Park Fairgrounds Phase I Change Orders 1-11 - $77,294 - Contingency Fund. 2. Knoll-Willows Birch Ruins Viewing Platform - $17,000 - Larimer County Open Space Fund. 4. Swanhorst & Company LLC - Approval of 2006 Engagement Letter for audit services. 1 of2 . I .P lA. PLANNING COMMISSION AGENDA (Approval of): 1. ACTION ITEMS: Mayor Baudek: Open the Public Hearing. The formal public hearing will be conducted as follows: A. Mayor- Open Public Hearing B. Staff Report C. Public Testimony D. Mayor - Close Public Hearing E. Motion to Approve/Deny. A. LOT CONSOLIDATION: A Portion of Section 23, T5N, R73W and a Portion of Section 24, T5N, R73W of the 6th P.M., PID# 352340040 & 3524300014, Heather Stone/Applicant. B. EASEMENT VACATION: Lot 1, Murphy-Veal Subdivision of Lot 12, Block 2, Lake View Tracts, Karl & Pamela Ertl/Applicant. 2. ACTION ITEMS: 1. 2005 BUDGET - SUPPLEMENTAL BUDGET RESOLUTION #26-05. Finance Officer McFarland. 2. RESOLUTION #27-05 - CAFETERIA PLAN CERTIFICATE OF ADOPTION. Finance Officer McFarland. 3. APPOINTMENTS/RE-APPOINTMENTS. ESTES VALLEY LIBRARY DISTRICT: • Bruce Brown, 4-yr. term, beginning 1/01/06, expiring 12/31/09. • Diane Jordan, 4-yr. term, beginning 1/01/06, expiring 12/31/09. MUSEUM ADVISORY BOARD: Re-appointments: • Michael Oline, 4-yr term, beginning 1/01/06, expiring 12/31/09. • Lyle Poison, 4-yr term, beginning 1/01/06, expiring 12/31/09. BUILDING AUTHORITY: Reappointments: • James Durward, 3-yr term, beginning 1/01/06, expiring 12/31/08. • Peggy Lynch, 3-yr term, beginning 1/01/06, expiring 12/31/08. • Randy Repola, 3-yr term, beginning 1/01/06, expiring 12/31/08. • Steve McFarland, 3-yr term, beginning 1/01/06, expiring 12/31/08. FIRE PENSION FUND & POLICEMEN'S PENSION BOARD: • Jackie Williamson, replacing Vickie O'Connor and completing a 2-Year Term, expiring 4/06. 4. PERSONNEL MANUAL - MODIFICATIONS TO HOLIDAY PAY - Town Administrator Repola. 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. NOTE: The Town Board meeting scheduled December 27,2005 has been cancelled. 2 of2 , . Town of Estes Park, Larimer County, Colorado, November 22,2005 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall said Town of Estes Park on the 22nd day of November, 2005. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees Richard Homeier Lori Jeffrey-Clark Chuck Levine Wayne Newsom Bill Pinkham Also Present: Randy Repola, Town Administrator Suzy Schares, Deputy Town Clerk Gregory A. White, Town Attorney Absent: None Mayor John 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 Pinkham commented the Business Roundtable discussed how the Town of Estes Park and its citizens have made Estes Park a magical place for the Holidays. The Mayor reminded the public the Christmas Parade is Friday, November 25,2005 at 5:30 p.m. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 8,2005. 2. Bills. 3. Committee Minutes: A. Public Works, November 10,2005: 1. Purchase one-ton snowplow/swaploader dump truck $91,137.80, Budgeted. 2. Bond Park Renovation, $45,000. B. Utilities, November 17,2005. 4. Estes Valley Board of Adjustment Minutes dated November 1, 2005 (acknowledgment only). 5. Estes Valley Planning Commission Minutes dated November 15, 2005 (acknowledgment only). It was moved and seconded (Doylen/Levine) the Consent Agenda be approved, and it passed unanimously. 9 0 1 f Board of Trustees - November 22,2005 - Page 2 lA. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek: Open the Public Hearing for all Consent Agenda Items. If the Applicant, Public or Town Board wish to speak to any of these consent items, they will be moved to the "Action Item" Section. 1. CONSENT ITEMS: A. REZONING: 1. Rezoning from RM - Multifamily Residential to CO - Commercial Outlying, a portion of Lot 34, Bonnie Brae Addition, John & Peggy Lynch/Applicant. B. AMENDED PLAT: 1. A portion of Lot 34, Manford Addition, and a portion of Lot 34, Bonnie Brae Addition, John & Peggy Lynch/Applicant. C. PRELIMINARY CONDOMINIUM MAP: 1. Mary's Lake Lodge Condominiums, Lot 3, Mary's Lake Subdivision, and Lots 3A and 3B of Mary's Lake Replat, Ram's Horn Development Co./Applicant. D. SUPPLEMENTAL CONDOMINIUM MAP: 1. Park River West Condominiums, Phase XVIII, Lots 1 & 2, Park River West Subdivision, Richard H. Wille TrusVApplicant. Tom Gresslin, 2824 Kiowa Trail, requested Item 1.C.1 (Preliminary Condominium Map for Mary's Lake Lodge) be removed from Consent for discussion. It was moved and seconded (Newsom/Pinkham) the Consent Items 1.A.1, 1.B.1, 1.D.1 be approved, and it passed unanimously. Item 1.C.1. Preliminary Condominium Map. Planner Chilcott reviewed the Preliminary Condominium Map for 2625 Mary's Lake Road and the revised Development Plan. On October 18, 2005, the Staff and Planning Commission recommended that Development Plan #00-07B serve as the preliminary condominium map. The new condominium map consists of three lots that include sixty-six accommodation units, eighteen residential units, a restaurant, a spa, and a gift shop. Tom Gresslin, 2824 Kiowa Trail, expressed concern that Town employees are evaluating projects based on increasing the property tax base and not the impact to the adjacent community. He stated concerns with increased traffic and difficultly turning onto Mary's Lake Road and Hwy 7. He is not concerned with this development, but rather with future developments. Mayor Baudek explained Town employees are required to follow the EVDC when evaluating projects. Don Debey/Mary's Lake Lodge informed the Board a traffic impact study has been completed and a left turn lane has been approved. He stated discussions have been ongoing with neighboring property owners and he has tried to accommodate their concerns. As there were no other comments, Mayor Baudek closed the public hearing. It was moved and seconded (Pinkham/Levine) that Item 1.C.1, be approved, and it passed unanimously. 2. ACTION ITEMS: Board of Trustees - November 22,2005 - Page 3 1. PUBLIC HEARING - 2006-2007 ELECTRIC RATE INCREASE - ADOPTION OF ORDINANCE #14-05. Mayor Baudek opened the Public Hearing. Public Works Director Linnane provided an overview of the Light and Power Department which consists of 281 sq. miles of service area and a customer base of 9,812 customers. The goals of the Light and Power Department are to provide safe working conditions for employees, reliable electric service for our customers, and minimum cost of service. A study was completed in 2004 by Black & Veatch which proposed a 3.9% rate increase through 2008. The Town proposes a 2.5% average rate increase in 2006,2.8% average rate increase in 2007. A summary of Trustee questions and comments addressed: proposed expansion of the Mary's Lake Plant, surrounding community rate increases, and incremental increases rather than large increases. As there were no other comments, Mayor Baudek closed the public hearing. Trustee Pinkham commended Public Works Director Linnane and staff for the research conducted for the rate increase. Town Attorney White read Ordinance #14-05 and acknowledged the attachment (Proposed 2006 and 2007 Light and Power Rate Schedule). It was moved and seconded (Newsom/Doylen) Ordinance #14-05 be approved, and it passed unanimously. 2. PUBLIC HEARING - 2006 BUDGET - ADOPTION. Mayor Baudek opened the Public Hearing, and Finance Officer McFarland reviewed how the revenues are proposed to be expended in the ensuing fiscal year for the Highway User's Trust Fund. Town Attorney White read Resolution #23-05 - Setting the Mill Levy, Resolution #24-05 - Adopting the 2006 Budget, and Resolution #25-05 - Appropriating Sums of Money. Finance Officer McFarland reviewed the revenues and expenditures for each fund for 2006. After further discussion, Mayor Baudek closed the public hearing. It was moved and seconded (Doylen/Levine) Resolutions 23,24, and 25-05 be approved, and it passed unanimously. 3. 2006 COMPENSATION PLAN. Town Administrator Repola reviewed the 2006 compensation plan. The Cost of Living Adjustment (COLA) is determined by the Denver-Boulder Consumer Price Index (CPI). The CPI for 2005 is estimated to be 2.1%. Staff is recommending a COLA of 1.7%, a 1.2% merit pool, and a 1% bonus pool. The merit pool will be allocated evenly across all employees and will be awarded subject to an annual performance review. The bonus will be based on merit and performance and awarded at the discretion of the department head. After further discussion, it was moved and seconded (Doylen/Pinkham) the 2006 Compensation Plan be approved, and it passed unanimously. 4. ORDINANCE #15-05 - AMENDING SECTIONS 2.52.020 AND 2.52.040 OF THE MUNICIPAL CODE PERTAINING TO SALARIES OF THE MUNICIPAL JUDGE AND MUNICIPAL COURT CLERK. Town Administrator Repola reported the Municipal Code requires the salaries of the Municipal Judge and the Municipal Court Clerk be reviewed every two years. The increase in salary amounts to 5%. Town Attorney White read Ordinance #15-05 amending the Ordinance with salary increases effective January 1, 2005, and amending the Assistant Municipal Judges salary to a compensation of $150 per court session. It was moved and seconded (Newsom/Doylen) Ordinance #15-05 be approved as amended, and it passed unanimously. Y • t Board of Trustees - November 22,2005 - Page 4 5. QUARTERLY SALES TAX REPORT. Finance Officer McFarland reported the first 3 quarters represent 81% of our sales tax volume and 43% of our sales tax revenue is c611ected during the 3rd quarter. He stated sales tax revenues are 2.86% ahead of 2004 YTD, and are on pace for a record year of revenues. 6. ORDINANCE #16-05 - CONSENT TO TRANSFER 1 UNIT LEFT HAND WATER. Town Attorney White reported that the Left Hand Water District is transferring 1 unit of Windy Gap water to the City of Lafayette. Town Attorney White read Ordinance #16-05 and acknowledged the attachment (Petition for Water Allotment Contract). It was moved and seconded (Doylen/Levine) Ordinance #16-05 be approved, and it passed unanimously. 7. TOWN ADMINISTRATOR REPORT 1. The Town has been selected as one of three recipients of the Environmental Stewardship Award by Larimer County for the Knoll- Willows Project to preserve the Willows area and the historic building therein, as well as the creation of a low impact trail and preservation of the ruins on top of the hill. The Town will be recognized at the Larimer County Commissioners meeting on December 19,2005. 2. Town Administrator Repola explained the improvements currently taking place at Bond Park. Whereupon Mayor Baudek adjourned the meeting at 8:48 p.m. John Baudek, Mayor Suzy Schares, Deputy Town Clerk . RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, December 1, 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 1 st day of December, 2005. Committee: Chairman Doylen, Trustees Levine and Pinkham Attending: All Also Attending: Town Administrator Repola, Directors Pickering, Joseph and Mitchell, and Clerk Williamson Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. CONVENTION & VISITORS BUREAU Stanley Park Fairgrounds Phase I Change Orders - Request Approval. Dir. Pickering reviewed Change Orders 1-11 totaling $77,294. He advised the largest changes are due to the redesign of the mega arena and practice arena. The current crown design would require extensive maintenance in the future. Staff has investigated alternatives and proposes a 1% grade with 8 inches of topsoil to mitigate affect of drainage. The new design would require additional grading and removal of dirt, which would be placed on the east end of the property near the retention ponds and soccer fields (Phase V). This will eliminate some costs associated with the eventual construction of the soccer fields. The current Contingency Fund for the project is $100,000 leaving a balance of $22,706. These changes would increase Cornerstone Construction Concepts of Estes Parks contract from $978,000 to $1,055,294. The Committee recommends approval of the Change Orders 1 -11 for the Stanley Park Fairgrounds Phase I as presented. Reports. Reports provided for informational purposes and made a part of the proceedings. • Communications • Advertising • Media Relations • Visitor Center/Services • Group Sales - No report • Special Events • Visitor Center Update Trustee Doylen commended staff on their efforts in acquiring PR equivalency of over $500,000. Dir. Pickering updated the Committee on the Visitor Center progress. He stated roofing has begun and drywall should begin next week. MUSEUM/SENIOR CENTER. Reports. Reports provided for informational purposes and made a part of the proceedings. • Museum Bi-Monthly • Senior Center Bi-Monthly Dir. Mitchell reported membership at the Senior Center is up from 297 in 2004 to 490 in 2005. She attributes this increase to the discounted meal cost for members. The Senior Center, Inc. Board and Town Attorney White are working 1 f RECORD OF PROCEEDINGS Community Development - December 1, 2005 - Page 2 on the MOU for a 2-year pilot program for van service to offsite trips. Dir. Mitchell stated there are 2 vacdncies on the Senior Center, Inc. Board and encouraged those interested to contact the Senior Center. COMMUNITY DEVELOPMENT. Knoll-Willows Birch Ruins Viewing Platform - Request Approval. Dir. Joseph stated a viewing platform is necessary to protect the ruins and provide a safe viewing experience for the public. In January, staff was authorized to proceed with a design/build concept with a maximum expenditure up to $25,000 to be expended from the existing budget appropriations in the Larimer County Open Space Fund. Three bids were received for construction of the platform: Metal Solutions $33,420 TEC Building, Inc. $31,600 Welding by Lucas $26,200 Through negotiations with Welding by Lucas, the cost of the project was reduced to $16,200. Cornerstone Engineering and Surveying has been contracted to perform site construction observation ($2,000). Year to date $4,094 has been expended to produce final design/construction drawings. The total cost of the platform would be $23,094. Discussion followed, with the Committee recommending approval of 1) Construction by Welding by Lucas at a maximum expenditure of $17,000, 2) $2,000 for the construction observation by Cornerstone Engineering and Surveying, 3) Staff to write a progress letter for the paper and a letter to the Land Trust. CACEP Sign Permit Fee Waiver - Request Approval. Dir. Joseph explained that CACEP has relocated; therefore, a new sign is being installed. As a non-profit organization, CACEP has requested a waiver from, the $75 permit fee. The Committee recommends approval of the request as outlined. Reports. Reports provided for informational purposes and made a part of the proceedings. • Dept. Revenues and Expenditures. Dir. Joseph reviewed a new link on the Town website entitled "Applications Currently Under Review". This link allows neighboring property owners and the community to review current applications, statement of intents and site maps. MISCELLANEOUS Linda Vogel/CACEP advised the Chinese New Year celebration would be held again in 2006 in conjunction with the Gallery Restaurant. Staff stated the Special Events department should be contacted to coordinate the use of Bond Park and the necessary street closures. Trustee Levine reminded all that the Pride award nominations are due by the end of the year. Administrator Repola stated a study group with the arts community would meet next week to discuss needs for a performing arts building. There being no further business, Chairman Doylen adjourned the meetirig at 8:46 a.m. Jackie Williamson, Town Clerk C;~r* Swanhorst & Company LLC L.j Cj Certified Public Accountants November 7,2005 Board of Trustees Town of Estes Park P.O. Box 1200 Estes Park, Colorado 80517 We are pleased to confirm our understanding of the services we are to provide to the Town of Estes Park. We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, which collectively comprise ihe basic financial statements of the Town, as of and for the year ended December 31, 2005. Also, the combining and individual fund financial statements and schedules will be subjected to the auditing procedures applied in our audit of the basic financial statements. Audit Objective The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and if required, the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General o f the United States; the Single Audit Act of 1984; and the provisions of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and will include tests of the accounting records and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the financial statements is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for affirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. 8400 E. Crescent Parkway • Suite 600 • Greenwood Village, CO 80111 • (720) 528-4306 Fax: (720) 528-4307 Town of Estes Park Page 2 Management is responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud involving management, employees who have significant roles in internal control, and others where the fraud could have a material effect on the financial statements. Management is also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud received in communications from employees, former employees, regulators, or others. In addition, management is responsible for identifying and ensuring that the Town complies with applicable laws and regulations. Audit Procedures-General An aUdit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because an audit is designed to provide reasonable, but not absolute, assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. in addition, an audit is not designed to detect immaterial misstatements or violations of laws or regulations that do not have a direct and material effect on the financial statements.- However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other violations of laws or regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that the Town complies with laws, regulations, contracts, and agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the Town's compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. ' Audit Procedures-Internal Control In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the Town's financial statements. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the Town's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. . 1 Town of Estes Park Page 3 Audit Administration, Fees, and Other Our fees for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, typing, postage, copies, telephone, etc.) except that we agree that our maximum fee, including expenses, will not exceed $17,500. If the Town is required to conduct a Single Audit, additional fees will not exceed $1,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the Town of Estes Park and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Su·Aff 44•407· (46 Swanhorst & Company LLC RESPONSE This letter correctly sets forth the understanding of the Town of Estes Park. By Title Date Town of Estes Park Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Alison Chilcott, Planner 11, and Bob Joseph, Director Date: December 8,2005 Subject: Lot Consolidation. Stone Boundary Line Adjustment, A Portion of Section 23, T5N, R73W and a Portion of Section 24, T5N, R73W of the 6th p.M., Parcel Numbers 352340040 and 3524300014, Heather Stone/Applicant Background. This is a land consolidation plat (boundary line adjustment) to combine two parcels, zoned "E-1" Estate, into one. The parcels are located on the east side of James Street near the intersection with US 34 Bypass (Wonderview Avenue). The address is 627 Marigold Lane. The larger parcel is 0.87 acres and the smaller parcel is 0.07 acres. Neither parcel is developed; however, the applicant has received a building permit to construct a single- family house on the newly created parcel. This plat was not reviewed by the Estes Valley Planning Commission. Recently adopted revisions to the Estes Valley Development Code provide for quicker review of land consolidation plats and review by Planning Commission is no longer required. Staff recommends removal of barbed wire fencing and dedication of a slope easement if the James Street road fill encroaches onto the property. These items cannot be required with a land consolidation plat. Budget. R--.6-xi-_-9 None. Action. 1 1 Approval of the plat with the following conditions: (1)1/8th- - ---7--t -1-- inch hatching is provided along property lines, (2) the 1 1 1\/7 1, / northerly right-of-way is labeled as Colorado State Highway 34 Bypass, (3) the James Street right-of-way is shown with the width noted and edge of asphalt removed, (4) the certificate of dedication and ownership shall dedicate easements and right-of-way shown on the plat, (5) this lot shall be accessed by either James Street or Marigold Lane, but not both. Community Development Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: David Shirk, Planner 3346 Date: December 13,2005 Subject: Drainage Easement Vacation - 1010 Pine Lane (next to Catholic Church) Background. The plat of the Murphy-Veal Subdivision was approved by the Town Board in 1981. That plat provided a drainage easement to convey water across the lot. This easement contains an underground culvert that conveys water from an inlet located on Pine Lane, through the applicant's property, and discharges into an easement on south of the lot. In 1996, the applicant applied for and received a building permit to construct a detached garage. The site plan submitted with the building permit indicated the garage would be located just west of the platted drainage easement. However, the garage was built within a portion of the drainage easement. The garage is not located above the culvert, and does not interfere with the conveyance of water. The applicant has put his house on the market, and an Improvement Location Certificate has revealed the easement encroachment. Therefore, the applicant desires to vacate a portion of the easement. This is an example of the importance of requiring a surveyor verify the location of foundations in close proximity to easements and property lines, as the Building Department now does. If this had been required in 1996, this error would have been corrected during construction. As is, the only options available to the applicant are to either vacate the easement or move the structure. Budget. N/A Action. Because the location of the garage does not impede the flow of water, Staff recommends that portion of the drainage easement as delineated on Exhibit A be approved subject to compliance with memo from Greg White to Dave Shirk dated November 28,2005 (which references using a "quit claim" deed as the method of vacation). ' 1 %& 4 2 1 ON && Die-23 i 3 43% g .. 11 1-1 2 & 11 0.62 5 4 \@ 41# k@2L b k F ER*2 7 &10§ EE@§ %<e L *241 2 Qi Ate -1 @%@1* 0.) & 3% 6 Q Q. f 9043 - Rk!23iao 0 8 \*9% GAM imaN.%%. ~Eg~5*~ a & 5 92*9 7/42) \¥ te Sol' 1£16"W F--350-0,1 r -101 t3 0 18 \ *3.% i.3 jj i / / Vd \ - 61018. . 9 ,0 45ea )""E€g L • N 1,5 \ U mi-1% 1% 1 \ \.N t\: 1 \ \ L 2%.mwig \ un \ \ -- 1 4 47* . U 43 j ~ 0% 4- ~t <9£*14 -1--j ~s 1 1,!:! 1/ 33 ~-i (\1% ~ 2 \ \ \4? % % ·92 e \, 1 /40 , 143 1 6. 11 *82 257 M. \ \ 4 k /6- k \\ ,\ / G ¥ C Of *v 1 10'~ \\ i 9-«§'i \\ to a '34\ 4 - - - 1 / 4/- $ 1 -7-- --- 8-24 . 6 10 Chi »3 11 2.201%35.1-9,21-'E-fil38 11 11 m HlLLSIDE LANE Or<JU CO.: TNEPOO 10/13/2005 ESTES Bul/i 32.30 ',---~-31.60 1010 PINE LANE EXHIBIT "A" 1 0 PME1 LANE ASEMENT Finance Department Memo To: Honorable Mayor Baudek Board of Trustees Town Administrator Repola From: Steve McFarland, Finance Officer Date: December 9,2005 Subject: Support information for Resolution to Appropriate Sums of Money (for proposed increases of expenditures in certain funds) Background Attached please find the supporting document for the proposed Resolution to Appropriate Sums of Money. An annual resolution is required to adjust appropriations to reflect increases in expenditures beyond the scope of the originally approved budget. Documentation 1. Original budget vs. Proposed Amended Budget for 2005 a. The set of numbers ("expenditures'S) listed in the center of the document show that only 4 funds are projected to exceed their original budget. These funds are: i. Community Reinvestment (Fund #204). Approval was given at the April 29, 2005 Board meeting to increase the CVB Building project by $705,000. This increase will "cover" the $683,052 shortfall vs. the original budget, but the action still needs to be approved by this resolution. ii. CVB (Fund #222). The CVB fund is anticipated to exceed originally budgeted amounts by $103,707, the result of several unanticipated but necessary expenditures. These include production and mailing of a brochure (following discontinuance of agreement with Chamber of Commerce), the development and maintenance of the CVB website, and the acquisition of a copy machine. iii. Vehicle Replacement Fund (Fund #635). The $119,660 represents the Special Events water truck and the Fire Deparbnent Dive Rescue truck. We are considering the option of capitalizing the vehicles into the Vehicle Replacement Fund and leasing them back to the Fire and Special Events departments. They are currently capitalized through the Fire and Special Events Department, so if the proposed method is accepted, the Fire and Special Events departments will have their expenditures reduced accordingly. iv. Firemen's Pension (Fund #709). In the Firemen's Pension Board meeting on September 27% 2005, it was decided to undertake an additional study from Milliman USA to evaluate the cost of adding the dive team to the Pension Fund. This cost was not to exceed $1,500. $1,800 was placed in the budget to cover contingency costs. The remaining excess of $139 was the result of printing and form production (checks). Appropriation of these new budget amounts and corresponding revenues are not anticipated to cause any impairment t6 the operations of the Town of Estes Park. Too view effects on fund balances, please see the third section ofthe attached document. Action steps requested Approval ofthe Resolution to Appropriate Sums ofMoney. • Page 2 Original budge¢¥Amended budget ET.E. (12/06/05) Variance 2005 Budget 2005 EOY Estimate Favorable/(Unfavorable) REVENUES 101 General* 10,075,200 10,044,800 (30,400) 204 Community Reinvestmet 2,158,573 2,527,795 369,222 207 Museum 276,334 278,288 1,954 211 Conse,vation Trust 25,652 25,652 0 217 Senior 155,077 155,519 442 220 Larimer Cty Open Space 225,355 225,377 22 222 CVB 2,289352 2,297.714 8,162 303 Pa,kEntrance.Estates 16 16 0 414 Park Entrance Estates 7,899 18,893 10,994 419 Building 92,835 92,835 0 502 IAP 10,019,661 10,303,444 283,783 503 Water 1806,644 2,692,689 (113,955) 605 Catastophic 31,365 31,365 0 606 Medical 333,429 353,549 20,120 612 Fleet 285.209 286,209 1,000 635 Vehicle 231.550 260,554 29,004 709 Fireman 125,935 127,739 1,804 710 Police I98 225 27 716 FOSH 5,021 5,200 179 29,145,505 29,727,863 allfunds include revenue sources and transfers in *includes gen prop tmres 250,680 250,680 EXPENDm)RES 101 General 11,569,035 11,489,342 79,693 204 Community Reinvestment 3,148,448 3,831,500 (683,052) 207 Museum 281311 270,287 11,024 211 COnleri~ation TIUst 20,934 20,934 0 217 Senior 186,876 181,574 5,302 220 Larimer Cty Open Space 150,725 97,658 53,067 222 CVB 2,307,241 2,410,948 (103,707) 303 Pok Entrance Estates 0 0 0 414 ParkEntrance Estates 9,662 9,662 0 419 Building 92,835 92,835 0 502 LAP 10,489,098 I 0,292,940 196,158 503 Water 3,I31,796 3,074,595 57,201 605 Catastrophic 0 0 0 606 Medical 363,000 314,635 48,365 612 Fleet 305,588 290,663 14,925 635 Vehicle 0 119,660 (119,660) 709 Firermm 97,520 99,459 (1,939) 710 Police 2,565 2,565 0 716 FOSH 33,095 2312 30,883 32,189,729 32,601,469 allftmds include total expenditures and transfers out FUND BALANCE ADJUSTMENTS Original budgeted 2005 Projected 12/31/05 Projected 12/31/05 ending fimdbalance fimdbalance submitted Amd balance as of (from 2005/2006 Budget Summary) w/ 2006 budget 12/6/2005 101 General 4,276,098 4,182,365 4,182,365 204 Community Reinvestment 418,062 315,180 395,180 207 Museum 12,257 52,337 63,337 211 Conserration Trust 44314 51453 51453 217 Senior Center 9,344 19,900 19,900 220 Larimer Cty Open Space 332,228 436,526 436,526 222 CVB 50,261 42,224 7,013 303 Palk Entrance Estates 862 1,867 1,867 414 Park Entrance Estatcs 8,653 6,344 6,344 419 Building 0 0 0 502 LaP 1,410,778 2,137,650 2,137,650 503 Water 1.914,055 2,020,698 2,020,698 605 Catastrophic 2,096,679 2,101,703 2,101,703 606 Medical 183,238 305,370 305,370 612 Fleet 193,542 213,881 211,611 635 Vehicle 604,624 513,968 513,968 709 Fireman 1,013,703 1,024,307 1,024,307 710 Police 9,692 9,789 9,789 716 FOSH 445,646 424,180 424,180 RESOLUTION TO APPROPRIATE SUMS OF MONEY NO. 26-05 A RESOLUTION ADJUSTING APPROPRIATIONS TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2005, AND ENDING ON THE LAST DAY OF DECEMBER, 2005. WHEREAS, the Board of Trustees of the Town of Estes park has adopted the annual budget in accordance with the Local Government Budget Law on November 9, 2004; and WHEREAS, over the course of the fiscal year ending December 31, 2005, the estimates included in the adopted budget have been revised to more accurately represent the actual revenues and expenditures necessary to operate the government; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town of Estes Park. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: That the following attached sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated. ADOPTED this 13~h day of Dedember, 2005. Mayor ATTEST: Town Clerk RESOLUTION NO. 27-05 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, 2006, 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 Town Clerk's Office Memo To: Honorable Mayor Baudek Board of Trustees From: Jackie Date: December 9,2005 Subject: Appointments/Re-Appointments Attached are 2 letters from the library regarding the appointments of Bruce Brown and Diane Jordan to the Library Board for 4-year terms expiring 12/31/09. Building Authority reappointments include James Durward, Peggy Lynch, Randy Repola, and Steve McFarland. There is one vacancy that will be filled in 2006. Jackie Williamson is replacing Vickie O'Connor on the Fire Pension Fund and Policemen's Pension Board with terms expiring 4/06. 1 Claudine Perrault Director Phone (970) 586-8116 FAX (970) 586-0189 cperrault@estes. lib.co.us ESTES PARK PUBLIC LIBRARY Estes Valley Public Library District http://www.estes.lib.co.us Jackie Williamson 16 November 2005 Clerk, Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Ms. Williamson: Mr. Bruce Brown was appointed earlier this year to complete the term of Ms. Cami Sebern who resigned from the Estes Valley Public Library District (EVPLD) Board of Trustees effective 14 July 2005. This term expires on December 31,2005. The Board of Trustees recommends that Mr. Bruce Brown be appointed to a 4-year term that would start January 1, 2006 and terminate on December 31, 2009. Mr. Brown has a PhI) degree in Physics as well as a MBA degree. He is currently a volunteer at the Estes Park Public Library and has prior board experience with Crossroads, his homeowner's association and an Illinois Board of Education where he previously lived. We believe that Mr. Brown has the education, career experience, and enthusiasm to be an effective and valuable Board member. His financial experience and interest is a very valuable asset for the EVPLD Board of Trustees. He has been very active with the Board for the limited time period that he has been a trustee and is heavily involved with developing the library's operating budget for 2006. The EVPLD Board of Trustees respectfully requests that the Town Board approve Bruce Brown' s appointment as an EVPLD Trustee at its earliest convenience. Sincerely, A- A.. Pbbil.LA) Julie Parker, President EVPLD Board of Trustees RO. BOX 1687 • 335 EAST ELKHORN AVENUE . ESTES PARK, CO 80517 731 i . r_X Claudine Perrault Director Phone (970) 586-8116 FAX (970) 586-0189*. cperrault@estes.lib.co.u~ ESTES PARK PUBLIC LIBRRRY Estes Valley Public Library District http:Uwww.estes.lib.co.us Jackie Williamson 16 November 2005 Clerk, Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Ms. Williamson: The Estes Valley Public Library District *VPLD) bylaws limit Board of Trustee service to two consecutive four-year terms. Mr. Steve Little, currently Vice President ofthe Board, will meet that limit as of December 31,2005. The Board received three new applications and reconsidered three previous applicants for this position. The Board interviewed each applicant and is recommending that Diane Jordan be appointed to a 4-year term that would start January 1, 2006 and terminate on December 31,2009. Diane Jordan has been a member ofthe Friends ofthe Library since 1997 and has served as a Board member and Chair ofthe Book Sale Volunteers for that organization. In addition, Ms. Jordan was a very valuable member ofthe recent very successful Library Director Search Committee. Ms. Jordan's career as a Nurse Recruiter provided her with invaluable experience for the Search Coinmittee. Her knowledge of Human Resource,s will be very valuable for the Board in the future as we progress in developing a revised Library Staff Handbook and a Library Policy Handbook. She also has served on the Estes Park Medical Center Foundation and the Estes Park League of Women's Voters Boards. We believe that Mrs. Jordan has the education, career experience, and enthusiasm to make an effective and valuable Board member. The EVPLD Board of Trustees respectfully requests that the Town Board approve Diane Jordan's appointment as an EVPLD Trustee at its earliest convenience. Sincerely, 991 90,kuu Julie Parker, President EVPLD Board of Trustees RO. BOX 1687 • 335 EAST ELKHORN AVENUE . ESTES PARK, CO 80517 I . TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Baudek and Board of Trustees From: Betty Kilsdonk, Director, Museum/Senior Center Services Date: December 9,2005 Re: Museum Advisory Board Re-appointments BACKGROUND: The Estes Park Museum Advisory Board recommends that Mr. Lyle Polson and Mr. Michael Oline be re-appointed to positions on the Board. Board terms are for four years. Mr. Polson, originally appointed in 2004 to complete a term, is a financial analyst and a volunteer with Rocky Mountain National Park and Partners. Mr. Oline, who was originally appointed in 2002, is a marketer in the oil business, president of the Cultural Arts Council of Estes Park, and past president of the Lions Club. BUDGET/COST: None. RECOMMENDATION: Staffrecommends that Mr. Polson and Mr. Oline be re-appointed to 4-year terms on the Museum Advisory Board beginning 1/1/2006. a . C. MEMORANDUM To: Honorable Mayor Baudek and Board of Trustees From: Randy Repola '1~< Date: December 9,2005 Subject: Personnel Manual Update Background: The Town of Estes Park maintains a personnel manual outlining general policies and guidelines applicable to all employees. Periodic additions and amendments are made to the manual. A reoccurring problem for certain departments is the excess accrual of holiday time. Our personnel policy requires that holiday leave be used during the current year; failure to do so results in forfeit of the earned time. For those departments that work holidays, the accrual creates problems when employees are unable to use the earned time before year- end. This issue primarily affects the Police Department and certain employees within the CVB departments. Over the last year there have been numerous requests to extend accrued holiday leave so that police employees would not lose the time. Therefore, staff has drafted the attached modifications to the Holiday policy. The change will mean that the Town will pay out holiday time to employees required to work on any of the seven recognized holidays. This change will reduce the incidences of forfeited holiday leave and decrease the liability being carried for unused holiday time. At the same time, police overtime will be modified to take advantage of Fair Labor Standards Act guidelines that ultimately reduce overtime expense. Budget/Cost: Cost is approximately $25,500 and can be absorbed within the department budget. This amount reflects about 2.5% of total salary expense for the department. This expense though will be partially offset by migration to a different method of paying overtime. Recommendation: Staff requests consideration of the proposed Personnel Policy Manual modification to payment for Holiday Leave as submitted. + ... Town of Estes Park Personnel Policy Manual Adopted March 25,2003 Town of Estes Park Policy T. Holidays, paragraph (6). Current policy: Public Safety Employees Will receive compensatory time off (on a straight-time basis) for holidays worked, and such time off shall be used within twelve months of the time accrued or will be forfeited. Employees whose scheduled day off falls on a holiday receive pay for the holiday on a straight-time basis. Proposed Change: Employees required to work a holiday will receive holiday pay at a straight-rate of pay for eights hours, for each holiday observed by the Town of Estes Park, whether the employee works the holiday or not. For those employees on duty during the holiday, they will also receive regular pay for hours lactually worked. When an employee requests a vacation day on an observed holiday, the employee Will receive eight hours of straight-time pay. If an employee's normal workday exceeds eight hours (e.g. the employee works a ten hour day) the employee must submit a vacation slip for the remaining hours.