Loading...
HomeMy WebLinkAboutPACKET Town Board 2014-11-25NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 25, 2014 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION. Giving Tuesday/Colorado Gives Day. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated November 11, 2014 and Town Board Study Session Minutes dated November 11, 2014. 2. Bills. 3. Committee Minutes: A. Public Safety, Utilities and Public Works, November 13, 2014: 1. Intergovernmental Agreement with Platte River Power Authority (PRPA) and PRPA Municipal Members for Mutual Aid for Power Operations. 4. Transportation Advisory Committee dated October 15, 2014 (acknowledgement only). 5. Parks Advisory Board Minutes dated October 16, 2014 (acknowledgement only) 6. Estes Valley Planning Commission dated October 21, 2014 (acknowledgement only). 2. LIQUOR ITEMS 1. STIPULATION AGREEMENT - EVEREST KITCHEN LLC., DBA FAMOUS EASTSIDE GROCERIES, 381 S. ST. VRAIN AVENUE, 3.2% BEER OFF PREMISES LIQUOR LICENSE. Town Clerk Williamson. Prepared 11/17/14 *Revised 11/21/14 ** Revised 11/24/14 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEM: 1. CONDOMINIUM MAP, Supplemental Condominium Map #7, Stone Bridge Estates Condominiums, 1125 Fish Creek road, Kingswood Homes/Owner. Planner Kleisler. 2. ACTION ITEMS: 1. AMENDED PLAT, Lot 4, Good Samaritan Subdivision (Falcon Ridge), TBD Red Tail Hawk Drive, Estes Park Housing Authority/Owner. Planner Kleisler. 2. FEE WAIVER, Waiver of fees for Amended Plat of Lot 4, Good Samaritan Subdivision (Falcon Ridge), Estes Park Housing Authority/Owner. Planner Kleisler. 4. REPORT AND DISCUSSION ITEMS: 1. ESTES PARK HOUSING AUTHORITY UPDATE. Director Rita Kurelja. 2. ESTES PARK TRANSIT HUB PARKING STRUCTURE. Director Muhonen. 5. ACTION ITEMS: 1. LOCAL MARKETING DISTRICT APPOINTMENTS. Town Clerk Williamson. 2. 2015 STRATEGIC PLAN. Administrator Lancaster. 3. PUBLIC HEARING – 2015 BUDGET – ADOPTION. Finance Officer McFarland. A. Highway User’s Trust Fund. B. Resolution #29-14 - Setting the Mill Levy. C. Resolution #30-14 - Adopting the 2015 Budget. D. Resolution #31-14 - Appropriating Sums of Money. 4. CONSTRUCTION CONTRACT FOR RETAINING WALL REPLACEMENT AT 215 VIRGINIA DRIVE. Engineer Ash. 5. RESOLUTION #32-14 EXTENDING WAIVER OF UTILITY MONTHLY BASE/MINIMUM CHARGES FOR 2013 FLOOD VICTIMS WITH HOMES AND BUSINESSES RENDERED UNINHABITABLE. Director Bergsten. 6. ROOFTOP RODEO STOCK CONTRACT. Director Winslow. 7. RESOLUTION #33-14 SETTING A SPECIAL ELECTION TO ALLOW THE TOWN THE RIGHT TO PROVIDE ADVANCED, TELECOMMUNICATION, AND CABLE TV SERVICES. (This item would allow the Town to provide high speed internet.) Attorney White and Town Clerk Williamson. 8. ECONOMIC DEVELOPMENT CORPORATION HOUSING COMMITTEE ASSIGNMENT. Administrator Lancaster. 6. ADJOURN. * ** Town of Estes Park, Larimer County, Colorado, November 11, 2014 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 11th day of November, 2014. Present: William C. Pinkham, Mayor Wendy Koenig, Mayor Pro Tem Trustees John Ericson Bob Holcomb Ward Nelson Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Absent: None Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PUBLIC COMMENTS. Stan Black/EPIC Board member provided the Board with an update on the activities of the EPIC Board since the 2013 flood, including the hiring of a campaign counsel, developed a new capital campaign, established an office on Graves Avenue, relaunch of the quiet phase of the campaign, hired a part time administrator, expanding marketing efforts, advertising, economic development, and fulfilling contractual deadlines (Seeley land donation, Town land option agreement, and Town commitment not to disperse the FOSH funds expiring the first quarter of 2017). The expanded Board has committed $1.235 million, over $3 million in property and contingencies are in place, $2 million in cash and pledges and four major naming rights sold. The Seeley property may be improved by a separate company for a beer garden or EPIC may improve the lot and rent it out to nonprofits to raise funds. Brianna Furnish/Town citizen stated a large bull elk was shot at Sombrero Ranch across from her home on Dry Gulch. The homeowners in the area are concerned with the illegal hunting activities taking place on the ranch and urged the Town, County and Department of Wildlife officials to take action to ensure something tragic does not happen on the property. Radoslaw Kokoszka/Town citizen showed photos which demonstrated the hunters were shooting toward the road and the homes directly across. Kris Hazelton/Town citizen commented she and her husband witnessed a cow elk being shot from Dry Gulch on Sombrero Ranch. She requested hunting on the property be done in an area away from the roadway where she does not have to witness the hunting. She would like a task force formed to address the issue. Alice Palmer/Town citizen stated she has lived across from the ranch since 1994. It was her recollection an agreement had been reached a number of years ago with the ranch to have hunting take place on the other side of the mountain. She would request the hunters shot away from the roadway and shot toward the mountain. The hunting on Sombrero Ranch would be discussed at the upcoming Public Safety/Utilities/Public Works Committee. Board of Trustees – November 11, 2014 – Page 2 TRUSTEE COMMENTS. Trustee Ericson stated the Transportation Advisory Committee would meet on November 19, 2014 at noon in rooms 202/203. The November 20, 2014 Community Development/Community Services meeting has been cancelled. Mayor Pro Tem Koenig thanked the veterans for their service to our country. The annual Sister Cities meeting would be held on November 18, 2014 at 7:00 p.m. in the Hondius meeting room. Trustee Holcomb stated the Parks Advisory Board would meet on November 20, 2014 at 12:30 p.m. in room 202. Trustee Norris commented the Public Safety/Utilities/Public Works Committee would meet on November 13, 2014 at 8:00 a.m. in the Board room. Trustee Norris and Trustee Holcomb would conduct interviews on November 14, 2014 for two positions on the Local Marketing District Board. Visit Estes Park held their regular meeting and discussed the change in legislation that requires monthly reporting by accommodations creating an even cash flow for the district. They would hold a strategic planning retreat on November 18, 2014. On November 18, 2014 at the Denver Tech Center a seminar would be held on Alzheimer’s. TOWN ADMINISTRATOR REPORT. None. 1. CONSENT AGENDA: 1. Town Board Minutes dated October 28, 2014, Town Board Study Session Minutes dated October 28, 2014, and Town Board Budget Study Session Minutes dated October 3, 10 and 17, 2014. 2. Bills. 3. Committee Minutes: a. Community Development / Community Services, October 23, 2014. 4. Estes Valley Board of Adjustment Minutes dated October 7, 2014 (acknowledgement only). 5. Closure of Town Offices on December 26, 2014. It was moved and seconded (Koenig/Phipps) to approve the Consent Agenda, and it passed unanimously. 2. REPORT AND DISCUSSION ITEMS (Outside Entities): 1. ROCKY MOUNTAIN NATIONAL PARK UPDATE. Superintendent Baker provided an update stating the flood recovery efforts have gone well including the completion of the repairs to Old Fall River Road, the Alluvial Fan parking area paved and open to use, and bridges and trails in the backcountry continue to be repaired with some trails needing to be rerouted requiring an EA to be completed. The Park would begin a public comment phase on the fee rate increase with the addition of a new Day Use pass of $20, $30 for the seven day pass, and $50 for the annual pass. The Senior pass and America the Beautiful pass would not change. Campground fees would also increase to $26 in 2016. A letter of support from the Town Board for the fee increase would help the Park establish the Day Use pass. Board of Trustees – November 11, 2014 – Page 3 3. LIQUOR ITEMS: 1. STIPULATION AGREEMENT - EVEREST KITCHEN LLC., DBA FAMOUS EASTSIDE GROCERIES, 381 S. ST. VRAIN AVENUE, 3.2% BEER OFF PREMISES LIQUOR LICENSE. Town Clerk Williamson presented the Board with a stipulation agreement in lieu of a show cause hearing. The licensee through the stipulation agreement waived their rights to a show cause hearing to determine if the violation of serving an underage during a compliance check on September 25, 2014. Staff used the new guidelines adopted in April to determine the appropriate penalty, the past violation history of the licensed establishment, and the number of recommended practices in place. The establishment failed a compliance check in July 2013 and served 5 days of a 21 day suspension under the old stipulation guidelines. The agreement considered the violation a second offense within two years and outlines a 21 day suspension with 14 days served and 7 days held in abeyance. It was moved and seconded (Norris/Phipps) to table the item to the November 25, 2014 meeting as the licensee was not present, and it passed with Trustee Ericson voting “No”. 2. STIPULATION AGREEMENT - ROCKY MOUNTAIN PARK INN, LLC., DBA ROCKY MOUNTAIN PARK INN, 101-201 ST. VRAIN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the Board with a stipulation agreement in lieu of a show cause hearing. The licensee through the stipulation agreement waived their rights to a show cause hearing to determine if the violations of serving an underage during a compliance check on September 25, 2014. Staff used the new guidelines adopted in April to determine the appropriate penalty and the recommended practices in place to limit future violations. The establishment has no previous violations on file; therefore, the agreement outlines a written warning for the first offense. It was moved and seconded (Ericson/Koenig) to approve the Stipulation Agreement with Rocky Mountain Park Inn, LLC, dba Rocky Mountain Park Inn, and it passed unanimously. 3. STIPULATION AGREEMENT - ESTES VALLEY RECREATION AND PARK DISTRICT ETAL., DBA HANGAR RESTAURANT AT THE ESTES PARK GOLF COURSE, 1480 GOLF COURSE ROAD, HOTEL & RESTAURANT WITH OPTIONAL PREMISE LIQUOR LICENSE. Town Clerk Williamson presented the Board with a stipulation agreement in lieu of a show cause hearing. The licensee through the stipulation agreement waived their rights to a show cause hearing to determine if the violations of serving an underage during a compliance check on September 25, 2014. Staff used the new guidelines adopted in April to determine the appropriate penalty and the recommended practices in place to limit future violations. The establishment has no previous violations on file; therefore, the agreement outlines a written warning for the first offense. It was moved and seconded (Norris/Holcomb) to approve the Stipulation Agreement with Estes Valley Recreation and Park District Etal., dba Hangar Restaurant at the Estes Park Golf Course, and it passed unanimously. 4. STIPULATION AGREEMENT - TWO DOLPHINS INC., DBA THE GRUBSTEAK RESTAURANT, 134 W. ELKHORN AVENUE, HOTEL & RESTAURANT LIQUOR LICENSE. Town Clerk Williamson presented the Board with a stipulation agreement in lieu of a show cause hearing. The licensee through the stipulation agreement waived their rights to a show cause hearing to determine if the violations of serving an underage during a compliance check on September 25, 2014. Staff used the new guidelines adopted in April to determine the appropriate penalty and the recommended practices in place to limit future violations. The establishment has no previous violations on file; therefore, the agreement outlines a written warning for the first offense. Staff acknowledged the licensee’s training, testing and continued education provided to staff. It was moved and seconded Board of Trustees – November 11, 2014 – Page 4 (Holcomb/Norris) to approve the Stipulation Agreement with Two Dolphins Inc., dba The Grubsteak Restaurant, and it passed unanimously. 5. STIPULATION AGREEMENT - M & S. INC. AND LA SIERRA LLC., DBA LA HACIENDA BAR & GRILL , 165 VIRGINIA DRIVE UNIT #18-1 & 18-2, TAVERN LIQUOR LICENSE. Town Clerk Williamson presented the Board with a stipulation agreement in lieu of a show cause hearing. The licensee through the stipulation agreement waived their rights to a show cause hearing to determine if the violations of serving an underage during a compliance check on September 25, 2014. Staff used the new guidelines adopted in April to determine the appropriate penalty and the recommended practices in place to limit future violations. The establishment was granted a transfer of the Tavern liquor license by the Town on September 23, 2014 and members of the business attended T.I.P.S. training on September 24, 2014. The staff member committing the violation did not attend the training. It was also noted the establishment did not have written policies in place, therefore, the agreement outlines a written warning and seven days held in abeyance. It was moved and seconded (Holcomb/Ericson) to deny the Stipulation Agreement with M & S. Inc. and La Sierra LLC, dba La Hacienda Bar & Grill, and a substitute motion was presented. It was moved and seconded (Ericson/Phipps) to approve the Stipulation Agreement with M & S. Inc. and La Sierra LLC, dba La Hacienda Bar & Grill with the addition that written policies are delivered to the Town within 30 days of approval, and it passed unanimously. 4. ACTION ITEMS: 1. PUBLIC HEARING – 2015 BUDGET. Finance Officer McFarland stated that the proposed 2015 budget is the result of staff preparation and Board input at three budget study sessions held in October. The 2015 budget process was dominated by flood costs and reimbursements and attempts to bring the General Fund into balance. As a result staff has recommended a number of strategies to maintain the General Fund reserves of 25%, including no merit and a reduction in contributions to the IT and Vehicle Replacement funds. The budget does include the implementation of the compensation study. Staff made a number of additional cuts, up to 5%, with the largest cut being the removal of the in car cameras for the Police vehicles. Other significant changes to the budget included the change in health insurance contributions from 75/25 cost sharing to 90/10; an increase of $41,400 for Windy Gap Water Rights with the inclusion of the Prospect Mountain Water Company pending; addition of three grant funded positions; the merging of the Community Services fund into the General Fund; and the 2015 budget would most likely need to be amended as flood recovery expenses and reimbursements continue. Trustee comments have been summarized: concern was raised over the cutting of the Police cameras; questioned if the proposed budget would meet the one year goals set by the Board; concern with the staffing level in Community Development; and a five year outlook should be developed for the Community Reinvestment fund. Staff would review the 2014 budget to determine if space savings in the Police budget could be used to purchase the cameras and roll the funds over to 2015. It was moved and seconded (Koenig/Holcomb) to continue the budget hearing to November 25, 2014, and it passed unanimously. 2. REQUEST A SPECIAL ELECTION REGARDING BROADBAND SERVICES PER C.R.S. 29-27-201. Administrator Lancaster stated the Economic Development Corporation organized a subcommittee to review broadband Board of Trustees – November 11, 2014 – Page 5 service within the Estes Valley. The committee identified a significant barrier to growing the town’s economic development potential with the limitations of Senate Bill 152 which restriction local government’s ability to engage in the provision of telecommunication services like broadband. The Town’s 2014 Strategic Plan states “we will encourage optimal use of the PRPA/Town fiber infrastructure”. The David Batey/Fiber committee member requested the Board consider setting a special election as outlined in the state statute to allow the Town the ability to directly or indirectly be involved in providing competitive telecommunication services, including competitive broadband internet services. To have a strong economy, Estes Park must have access to competitive broadband service; Colorado Senate Bill 152 took away local government’s right to decide the best way for the Town to help provide competitive broadband service; Senate Bill 152 outlines an election is the only way to restore local authority and free local governments from the Bills’ restrictions; there have been many different successful approaches to local government involvement in providing competitive broadband services; one purpose for the recent $300,000 award to the Estes Park Economic Development Corporation was to develop options for a state of the art, valley- wide, broadband service that would allow businesses, citizens, and guests to participate in and compete in the global marketplace; the economic development impact of broadband; and other Colorado communities have successfully passed elections, including Longmont, Centennial, Montrose, Boulder, Cherry Hills Village, Red Cliff, Yuma and Wray, and 3 counties: Rio Blanco, San Miguel, and Yuma. Trustee Phipps questioned if the intent was to have the Town develop a utility, and have the local businesses which have made a substantial investment been involved in the process. Mr. Batey stated the intent was not to have the Town develop a utility at this time. The Fiber Committee engaged the local businesses from the very beginning. The goal would be to strengthen the current businesses that are in place. Administrator Lancaster stated with a positive outcome of a vote the Town could improve the fiber network in town by providing the fiber at wholesale, capitalize on the infrastructure of the Town, and local businesses could expand their services and make broadband service affordable. Mark Repine/RMDAS stated there are difficulties in serving a large area in Estes Park and the fiber would help. He stated support for overturning Senate Bill 152; however, he stated some concern as to the next steps. It was moved and seconded (Nelson/Ericson) to direct staff to prepare a resolution setting a special election for February 3, 2015, pursuant to CRS 29-27-201 and to present the resolution to the Board for consideration at the Town Board meeting on November 25, 2014, and it passed unanimously. 3. AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY AND AMENDMENT TO THE ESTES VALLEY PLANNING COMMISSION BYLAWS. Senior Planner Shirk presented an amendment to the Intergovernmental Agreement outlining the most qualified member of the Commission would serve as the Chair of the Commission and to remove the alternate member to the Board of Adjustment. The bylaws have been reformatted to use a standardize format, operating efficiencies such as detailing the Chair’s duties and designating the Community Development Assistant as the Recording Secretary, and adding flexibility such as where the meetings are held. On October 21, 2014 the revised bylaws were approved by the Planning Commission unanimously. Charley Dickey/Town citizen and EVPC Commissioner requested the Board table the items for further discussion as the amended bylaws did not meet the time requirement outlined in the current bylaws, bylaws are inconsistent with the bylaws just approved for the Board of Adjustment, staff did not produce a Board of Trustees – November 11, 2014 – Page 6 document in time for review by the Planning Commission, and a significant change was made to the appointment of the Chair. After further discussion, it was moved and seconded (Koenig/Nelson) to approve amendments to the Intergovernmental Agreement with Larimer County, and it passed unanimously. It was moved and seconded (Koenig/Norris) to approve amendments to the Estes Valley Planning Commission Bylaws, and it passed unanimously. 4. USE OF CONTINGENCY FUND TO COMPLETE SECOND STORY OF THE EVENT CENTER SILO. Director Winslow requested the $250,000 set aside for the turn lane in the original budget be used to complete the project, including the raising of the silo and finishing the second story. CDOT determined early on in the project that the turn lane was not needed, therefore the funds were held for possible contingency. The $7.5 million for the overall project would not be exceeded as the $250,000 was a part of the overall budget. Trustee Ericson stated the project should be re-evaluated as it may not be the most important project to spend the extra funds on at this time. He suggested the $250,000 could be used for the parking garage at the Visitor Center. Director Winslow stated the upstairs of the silo could be left unfinished and used as storage. Discussion ensued on the completion of the second floor: the area has already been marketed for events as part of a package and the Board already agreed to complete the silo second floor. It was moved and seconded (Koenig/Phipps) to approve funds designated originally for “offsite turn lane” in the $7,500,000 MPEC/Stall Barn project budget to be used for silo raise ($42,000) and silo second floor completion ($60,000), and it passed with Trustee Ericson voting “No”. 5. AMENDING GOVERNING POLICY 1.5 – BOARD MEMBERS’ CODE OF CONDUCT. The Board has been reviewing its code of conduct which outlines how the Trustees work with each other, staff and the public. Over the past several months the Board has reviewed and revised the code. The final draft has been prepared and after review, it was moved and seconded (Norris/Phipps) to approve the revised governing policy 1.5, Board Members’ Code of Conduct, and it passed unanimously. 6. ESTES VALLEY PLANNING COMMISSION INTERVIEW TEAM APPOINTMENT. Per Policy Governance 101 Section 6 all applicants for a Town Board or Committee are to be interviewed by the Town Board or its designee. Mayor Pinkham proposed Trustees Phipps and Mayor Pro Tem Koenig be appointed to conducted the interviews for the current vacancy on the Estes Valley Planning Commission. Charley Dickey/Town citizen stated the information provided on the appointments should stated three members are appointed by the Town and four members are appointed by the County. It was moved and seconded (Norris/Holcomb) to approve the appointments of Mayor Pro Tem Koenig and Trustee Phipps to the interview team for the Estes Valley Planning Commission, and it passed unanimously. Whereupon Mayor Pinkham adjourned the meeting at 9:35 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado November 11, 2014 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Rooms 202/203 in said Town of Estes Park on the 11th day of November, 2014. Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson, Holcomb, Nelson, Norris and Phipps Attending: All Also Attending: Town Administrator Lancaster, Town Attorney White, Superintendent Boles and Town Clerk Williamson Absent: None. Mayor Pinkham called the meeting to order at 5:15 p.m. TRUSTEE COMMENTS & QUESTIONS. Administrator Lancaster stated the pre-bid meeting for the Estes Park Transit Hub Parking Structure would take place November 12, 2014 with bids due back on November 25, 2014. Staff has concerns the original design would not be possible with the current construction costs and funds granted to the Town. The bids are being requested with a number of deduct items for the Board to consider. Staff would recommend any significant design changes be discussed during a public meeting. A contract for construction would need to be approved at the December 9, 2014 Town Board meeting in order to complete the structure by June 30, 2015. If approval slips a month or two, staff would recommend construction begin in September 2015. The Board requested staff provide a report of the preliminary bids at the November 25, 2014 Town Board meeting, set a special study session for December 2, 2014 at 5:00 p.m. to discussion the bids further, hold a special meeting if deemed necessary to outline the significant changes to the public on December 4, 2014 and review a possible contract at the December 9, 2014 meeting. Mayor Pinkham stated the Planning Commission has one vacant position currently advertised. Per Policy Governance two members of the Town Board are to be appointed to the interview team. Trustee Phipps and Mayor Pro Tem Koenig stated their willingness to serve on the team. Formal approval by the Board would be heard at the Board meeting. The Board of Appeals has a vacancy. As the positions on the Board require very specific qualifications and the members were recently appointed in 2013, staff requested reappointment of the current member John Spooner for an additional term. This would forego the advertising and interviewing process and have the Board member reappointed in December. The Board stated some concern regarding following Policy Governance. Staff suggested the position could be advertised and if no other applications are received John Spooner would be considered for reappointment. Trustee Norris suggested the Town Board provide WAPA with an additional letter requesting proposed wooden towers for the Flatiron project be replaced with fire proof steel towers and that clear-cut areas should be reforested or mitigated to improve the approach to town. The Board recommend Mayor Pinkham and Administrator Lancaster should discuss further and respond if appropriate. Town Board Study Session – November 11, 2014 – Page 2 Trustee Norris stated the newly formed steering committee for the Community Center has requested the participation of a Town Board member in order to have a communication link and to have participation in determining fundraising for the project. The Board discussed the item and it was decided the Board should not participate in the committee and Executive Director Skyler Rorabaugh should provide steering committee updates to the full Board. FUTURE STUDY SESSION AGENDA ITEMS. Administrator Lancaster stated the future agenda list would contain scheduled items, items to be scheduled and items for consideration moving forward. This would allow the Board to review the items prior to discussion at the upcoming study session. Trustee Ericson thanked staff for the new outline. Trustee Nelson stated there is significant concern from the community on the future of the downtown area. He suggested the Town could be the catalyst for discussing the issues, however, he does not see it as a governmental project. He would recommend the Board add the item to the study session on January 13, 2015, and depending on the outcome hold a follow up study session with the community. The Board agreed to add the item to the January 13, 2015 study session and suggested a discussion on a downtown development authority could be added as well. UTILITY RATES 101. Cil Pierce/HDR Senior Project Manager and Financial Analyst provided a water rate study 101 presentation. The study would evaluate the adequacy of existing water rates, review the cost of service, review current water rate structures, develop proposed rate structure recommendations and to maintain a financially healthy and sustainable utility. Key assumptions being used to analysis revenues include a projected revenue growth rate of 1%, O&M expenses escalating on average 3% annually, new staffing positions in 2016 and 2017 to complete projects in house, a possible 3.5% to 5% rate adjustment for new staffing, and analyze the potential for new debt and projects estimated at $1 million a year. The cost of service would be reviewed to determine if revenues are equitably allocated amongst the customer classes and to avoid subsidies between customer classes. The rate design would address revenue sufficiency, revenue stability, should be easy to understand and administer, affordable, consider economic development, encourage efficient use of water, equitable and non-discriminating and legally defensible. Water rate design options may consider increasing the meter charges to increase revenue stability, implement meter equivalencies and review option of private fire sprinkler rates. The proposed rates would be for 2015 through 2017. The next steps would could the development of a draft water rate proposal to present to the Public Safety, Utilities and Public Works committee in December 2014 and a final proposal to the Town Board in January 2015. There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m. Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, November 13, 2014 Minutes of a Regular meeting of the PUBLIC SAFETY, UTILITIES & PUBLIC WORKS COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the13th day of November 2014. Committee: Chair Norris, Trustees Koenig and Nelson Attending: All Also Attending: Town Administrator Lancaster, Chief Kufeld, Commander Rose, Director Muhonen, Superintendent Boles and Lockhart, Manager Fraundorf, Finance Officer McFarland and Clerk Williamson Absent: None Chair Norris called the meeting to order at 8:00 a.m. PUBLIC COMMENT None. PUBLIC SAFTEY REPORTS Elk Hunting on Sombrero Ranch. Brianna Furnish/Town citizen, Radoslaw Kokoszka/Town citizen, Alice Palmer/Town citizen, and Gary and Kris Hazelton/Town citizen spoke to the hunting practices on the Sombrero Ranch property across from the Meadowview Condominiums as presented at the Town Board meeting on November 11, 2014. The property owners at the condominiums have witnessed a number of questionable hunting practices on the property for a number of years. The neighbors would request the ranch hunt on the other side of the property away from Dry Gulch Road and the neighboring properties. The property owners have witnessed hunters shooting in the direction of the nearby homes in which a stray bullet could hit something on the other side of the road. They stated concern for their safety. The Hazelton’s, who do not live near the ranch, are concerned citizens that do not want to view hunting activities along the roadway. The hunting near the roadway has caused emotional distress, is a safety concern, and could affect tourism as many visitors come to see the elk. Chief Kufeld stated the issue is complex as it involves the Town, County and Colorado Parks and Wildlife. He commented a meeting has been held with the ranch in the past to discuss hunting a certain distance from the roadway; however, there were exceptions made for handicap hunters. He stated concern that hunting has been taking place near the roadway and toward the condominiums. Staff would contact Larry Rogstad and Rick Spowart of the Colorado Parks and Wildlife to discuss the current situation. The Town’s mediation may be a method of developing a resolution to the situation. Administrator Lancaster stated Larimer County Commissioners have little to no authority over hunting as the regulatory authority is with the Colorado Parks and Wildlife. The state law allows the Commissioners to establish a no hunting zone under certain population density. Public Safety, Utilities & Public Works Committee – November 13, 2014 – Page 2 AM Emergency Radio Report. Commander Rose informed the Committee the antenna was installed with the help of the Light and Power crews on Prospect Mountain. A building located on the mountain contains equipment for the 800 mhz radios, FM and AM radio stations, and a backup generator. Software has been installed on the Public Information Officer’s computer to update communication on the station. The only difficulty staff has run into at this point in time is the grounding of the system. A grounding system would be installed, the antenna extended, retune the antenna, signal strength test and complete transmitter installation in the next week. Staff would begin training on the programming and broadcasting with the system is anticipated to be complete and active in January 2015. Verbal Update. The Auxiliary Police completed 318 hours of litter patrol this year, issued 61 written warning letters, and 4 violations were written by Police Officers. The program has had a positive effect on reducing litter and promoted the education of the issue related to bears. The patrols have been discontinued with bears entering hibernation. UTILITIES RECOMMENDATIONS Intergovernmental Agreement with Platte River Power Authority (PRPA) and PRPA Municipal Members for Mutual Aid for Power Operations. Superintendent Lockhart presented the IGA that formalizes current practices between the PRPA members to provide mutual aid amongst the members. All costs incurred by the assisting municipality would be reimbursed by the PRPA member municipality and with no liability between the parties. The committee recommended the IGA be placed on the consent agenda for the November 25, 2014 Town Board agenda. REPORTS Seasonal Decorations./ Staff from Light and Power and Parks have been working together to develop a new holiday lighting scenario downtown, including the addition of more lights to the tree trunks and up into the branches for the first few feet. New colors are also being introduced. The tree canopies would continue to be lit; however, fewer lights will be used in the canopy due to high winds. Light and Power Update. Superintendent Lockhart stated the repairs in the Glen Haven area are proceeding with the North Fork half completed. The crews have been pulled out of the area due to road work. Staff would begin repairs in the Fox Creek area next. He also stated the customers in the Glen Haven area that lost electricity would not be charge reconnect fees. A Resolution was passed after the 2013 flood waiving all reconnect fees in the Glen Haven area for homeowners and businesses which expired in October 2014, therefore, a new Resolution would be brought forward for the Board’s consideration to continue the waiver. Water Update. Superintendent Boles stated staff continues to work with the Prospect Mountain Water Company on a permanent agreement; however, a number of issues have surfaced preventing a final agreement. A line item has been added to the 2015 budget to include the properties in the Northern Colorado Water Conservancy District. The Town would pay the fee upfront and be reimbursed by the property owners. Information Technology Update. Manager Fraundorf informed the Committee that a new firewall has been installed and testing has taken place over the past few weeks. Employees should see little difference when using the network; however, new content filters may limit them from accessing certain sites. Staff has implemented a new communication path for the Police car Public Safety, Utilities & Public Works Committee – November 13, 2014 – Page 3 radios with Verizon that is better, faster (25 times) and cheaper. Over $400 month in fees would be eliminated. PUBLIC WORKS REPORT Verbal Update. Director Muhonen stated the pre-bid meeting for the Estes Park Transit Hub Parking Structure had a good showing of 13 to 15 potential bidders with over 30 attendees. The bid opening would take place on November 25, 2014 at 3:00 p.m. The Downtown Estes Loop open house demonstrated the scarcity of signage and alternate routes to access the Park; therefore, staff has been in contact with CDOT to discuss a sign at the intersection of Highways 34 and 36. As there continues to be concern that the removal of the barnes dance at the intersection of Moraine and Elkhorn has increased congestion, CDOT has agreed to perform an analysis. In July for a two week period, CDOT would implement the barnes dance to determine if the change in signaling aids the congestion downtown. Mayor Pro Tem Koenig recommended the CSO and/or Auxiliary Police assist with the possible confusion with the change in traffic patterns. Park staff continues to work on the ice rink and should have the rink up and running on Wednesday prior to the Thanksgiving holiday weekend. Director Muhonen and the Street staff visited Fort Collins and Loveland to get a demonstration of the pothole patcher discussed during the budget study session and discussed features of the equipment. The equipment would extend the life of the roadways by repairing cracks that appear before water can seep into the cracks creating potholes. There being no further business, Chair Norris adjourned the meeting at 9:30 a.m. Jackie Williamson, Town Clerk INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID – POWER OPERATIONS THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into this _______ day of ______________, 2014, by and between THE TOWN OF ESTES PARK, COLORADO, a municipal corporation, THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, THE CITY OF LONGMONT, COLORADO, a municipal corporation, and THE CITY OF LOVELAND, COLORADO, a municipal corporation (collectively, the “Municipalities”), and PLATTE RIVER POWER AUTHORITY, a political subdivision of the State of Colorado (“Platte River”) (each a “Party,” and collectively, the “Parties”). WITNESSETH: WHEREAS, C.R.S. § 29-1-201 permits and encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, C.R.S. § 29-1-203 authorizes governments to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each; and WHEREAS, the Municipalities own and maintain power distribution facilities whereby they supply their respective customers with power and energy; and WHEREAS, Platte River owns and maintains power generation and transmission facilities for the benefit of the Municipalities, which are member owners of Platte River; and WHEREAS, the Municipalities and Platte River desire to cooperate and contract with one another to provide essential services during critical periods when a Party determines additional resources are necessary to maintain the safe and efficient operation of power and energy facilities and services, not to include disaster or emergency events; and WHEREAS, neither the Municipalities nor Platte River desire for this Agreement to interfere with or supersede the provision of mutual aid under any separate intergovernmental agreement, as may be executed by or between any of the Parties and other regional entities. NOW, THEREFORE, in consideration of the mutual promises and commitments made herein, the Parties agree as follows: 1. Definitions. A. “Requesting Party” shall mean the Party requesting aid under this Agreement. B. “Aiding Party” shall mean the Party responding to a request for aid under this Agreement. C. “Authorized Representative” shall mean the person responsible for managing a Party’s response and activities under this Agreement. 1 2. Provision of Mutual Aid. Subject to the limitations and conditions set forth in this Agreement, the Parties agree to work cooperatively and collaboratively to provide mutual aid, assistance, and support, in the form of personnel, equipment, vehicles, materials, and supplies, in order to prevent, minimize, or mitigate the impacts of any event that threatens public health, safety, or welfare. 3. Request for Aid. The Requesting Party shall make its request in writing to the Aiding Party with reasonable specificity. The Requesting Party agrees to compensate the Aiding Party as specified in this Agreement, or as may later be negotiated and agreed to by the Parties. 4. Discretionary Rendering of Aid. Rendering of aid is entirely at the discretion of the Aiding Party and shall not be contingent upon a declaration of a major disaster or emergency by the federal government or upon receiving federal funds. The Aiding Party shall determine, in its sole discretion, the level and amount of resources, including equipment and personnel, to be devoted in response to any request for aid. Neither the Aiding Party nor the Requesting Party shall in any way be liable to the other or to any person, firm, or corporation for the determination to supply or not to supply, or to limit the amount of aid supplied, upon such request following such determination. 5. Authorized Representatives. In connection with each request for aid, the Parties shall designate an Authorized Representative to manage the Party’s response and cooperative activities hereunder. 6. Response to Request for Aid. The Aiding Party shall report to the Requesting Party’s Authorized Representative for assignment of duties. The Requesting Party’s Authorized Representative shall direct and coordinate all activities; provided, however, that the Aiding Party’s Authorized Representative shall remain in direct charge of all personnel and resources assigned to him or her to assist in providing aid, and shall be responsible for ensuring that appropriate staffing, training, and supervision have been provided to those rendering assistance on behalf of the Aiding Party. The Aiding Party may refuse to perform requested acts it deems inappropriate or that it is unable to perform under the circumstances. 7. No Employment Relationship. Notwithstanding the provision of aid as set forth in this Agreement, the personnel of the Aiding Party shall not be considered the employees or agents of the Requesting Party. 8. Recall of Aid. The Aiding Party reserves the right to recall its personnel, equipment, materials, supplies, and other resources at any time. The Aiding Party will endeavor to give the Requesting Party at least twenty-four (24) hours advance notice of its intent to withdraw. If such notice is not practicable, the Aiding Party will give the Requesting Party the earliest notice it deems possible. 2 9. Additional Responsibilities. A. Compliance with all Applicable Laws. The Parties shall each comply with all laws and regulations applicable to its actions hereunder. Each Party must, upon request by any other Party, make available on a reasonable basis such information as may be required to ensure or show compliance with local, state, and federal laws, except as otherwise prohibited by law or court order. B. Safety Policies. The Requesting Party shall provide safety policies and procedures to the Aiding Party, and the Aiding Party must abide by them in the course of providing aid and assistance hereunder to the extent practicable. C. Materials Management. The Requesting Party shall be responsible for the cleanup, removal, and disposition of any substances generated, managed, or requiring disposal in the course of an event during which aid was provided to the Requesting Party. D. Food and Shelter. The Requesting Party shall supply reasonable food and shelter for the Aiding Party’s personnel during the period of assistance. If the Requesting Party cannot provide such food and shelter, the Aiding Party is authorized to secure the resources necessary to meet the needs of its personnel. The cost for such resources must not exceed the State per diem rates for that area. The Parties’ Authorized Representatives shall determine whether the Requesting Party is responsible for reimbursing the Aiding Party for all costs associated with providing food and shelter, if the Requesting Party does not provide such resources. If the Parties cannot agree on the level of reimbursement, they may agree to submit the matter to mediation at a mutually-agreed upon location; provided, however, that nothing in this section shall restrict the right of either Party to apply to a court of competent jurisdiction for a judicial resolution. The Parties shall jointly select the mediator. If a mediator cannot be agreed upon, each Party shall select a mediator and the two mediators so chosen shall select a third mediator. Each Party shall pay its own expenses associated with the mediation, and each Party shall pay one-half of the mediator’s fees and costs. E. Nondiscrimination. No person with responsibility for providing services under this Agreement shall discriminate against persons being assisted or requesting assistance on the basis of race, color, national origin, age, sex, religion, handicap, political affiliation or beliefs, or any other unlawful basis. F. Public Information. All public information regarding any mutual aid incident shall be channeled through, or coordinated with, the Requesting Party’s Authorized Representative. 10. Invoice to the Requesting Party. Within ninety (90) days of the recall of aid by the Aiding Party, the Aiding Party shall submit to the Requesting Party an invoice for all charges related to the aid provided pursuant to this Agreement. 11. Charges to the Requesting Party. Charges to the Requesting Party from the Aiding Party shall be as follows: 3 A. Labor force. Charges for labor force shall be in accordance with the Aiding Party’s standard pay practices. B. Equipment. Charges for equipment, such as bucket trucks, digger derricks, and other special equipment used by the Aiding Party, shall be at the reasonable and customary rates for such equipment in the Aiding Party’s location. C. Transportation. The Aiding Party shall transport needed personnel and equipment by reasonable and customary means and shall charge reasonable and customary rates for such transportation. D. Miscellaneous Expenses. Charges for other expenses related to the provision of aid pursuant to this Agreement, not otherwise addressed above, shall be the reasonable and actual costs incurred by the Aiding Party. 12. Insurance. The Aiding Party shall maintain workers compensation coverage for its employees, automobile liability coverage for its vehicles and equipment, and adequate general liability, public official’s liability, and law enforcement liability insurance, or self- insurance coverage as applicable. The Requesting Party agrees to maintain adequate liability insurance under State law. 13. No Liability. Each Party assumes responsibility for the actions and omissions of its employees and agents in the performance or non-performance of its obligations under this Agreement, and, to the extent permitted by law, agrees to hold harmless the other Parties for the actions or omissions of its employees and agents. Nothing herein is intended as a waiver by the Parties of the privileges and protections of the Colorado Governmental Immunity Act, C.R.S § 24-10-101 et seq. 14. Modification. This Agreement may be updated, modified, revised, or renegotiated at any time by written agreement signed by the Parties. 15. Notice. Whenever a notice is either required or permitted to be given under this Agreement, it shall be given in writing and delivered personally, by U.S. Postal Service, certified mail, return receipt requested, or by email to the other Party at the address indicated below or at such other address as may be designated by the Party: If to the Town of Estes Park: Office of the Town Administrator Town of Estes Park 170 MacGregor Ave P.O. Box 1200 Estes Park, CO 80517 4 If to the City of Fort Collins: Office of the City Manager City of Fort Collins 300 LaPorte Avenue P.O. Box 580 Fort Collins, CO 80522 If to the City of Longmont: Longmont Power & Communications Attn: General Manager, Tom Roiniotis 1100 S. Sherman St. Longmont, CO 80501 If to the City of Loveland: Loveland Water & Power Attn: Stephen C. Adams, Director 200 N. Wilson Avenue Loveland, CO 80537 Steve.Adams@cityofloveland.org If to Platte River Power Authority: General Manager/CEO 2000 East Horsetooth Rd. Fort Collins, CO 80525 16. Governing Law. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Colorado, without giving effect to its conflicts of law provisions. 17. No Third Party Beneficiary. The terms and conditions of this Agreement, and all rights of action relating thereto, are strictly reserved to the Parties, and nothing in this Agreement shall give or allow any claim or right or cause of action whatsoever by any other person not a party to this Agreement. Any person or entity other than the Parties receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 18. Severability. Should any portion of this Agreement be judicially determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect, and the Parties will renegotiate any terms affected by the severance. 19. Appropriation Required. All obligations of each Party hereunder are expressly contingent upon the annual appropriation of funds sufficient and intended to carry out the same by the governing body of such Party, in its sole discretion. Nothing in this Agreement constitutes a debt, a direct or indirect multiple fiscal year financial obligation, a pledge of a Party’s credit, or a payment guarantee by one Party to another. 20. Counterparts. The Parties may execute this Mutual Aid Agreement in one or more counterparts, with each counterpart being deemed an original Agreement, but with all counterparts being considered one Agreement. 5 21. Execution. Each Party hereto has read, agreed to, and executed this Agreement on the date first written above. 22. Prior and Other Mutual Aid Agreements. This Agreement expressly supersedes and replaces the intergovernmental agreements for mutual aid executed by the Municipalities on January 24, 1983 and August 18, 1999. [Signatures appear on the following pages] 6 THE TOWN OF ESTES PARK, COLORADO, A Municipal Corporation By: __________________________________ Mayor ATTEST: _______________________ Town Clerk APPROVED AS TO FORM: ______________________ Town Attorney (Remaining signatures on the following pages.) 7 THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By:____________________________________ Mayor ATTEST: _______________________ City Clerk APPROVED AS TO FORM: ______________________ Assistant City Attorney (Remaining signatures on the following pages.) 8 THE CITY OF LONGMONT, COLORADO, A Municipal Corporation By: __________________________________ Mayor ATTEST: _______________________ City Clerk APPROVED AS TO FORM: Approved as to Form and Substance: ______________________ ____________________________ Assistant City Attorney Originating Department Proofread: ______________________ (Remaining signatures on the following pages.) 9 THE CITY OF LOVELAND, COLORADO, A Municipal Corporation By: __________________________________ City Manager ATTEST: _______________________ City Clerk APPROVED AS TO FORM: ______________________ City Attorney (Remaining signatures on the following page.) 10 Town of Estes Park, Larimer County, Colorado, October 15th, 2014 Minutes of a Regular meeting of the Transportation Advisory Committee of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Administration Conference Room, Room 150 of Town Hall, in said Town of Estes Park on the 15th day of October, 2014. Present: Kimberly Campbell Cory LaBianca Stan Black Bryon Holmes Gregg Rounds Amy Hamrick Thom Widawski Also Present: Greg Muhonen, Public Works Director Kevin Ash, Public Works Civil Engineer Jen Imber, Public Works Administrative Assistant Sandy Osterman, Shuttle Committee Representative Larry Gamble, RMNP John Hannah, RMNP Absent: Ann Finley Belle Morris Chair Campbell called the meeting to order at 12:12 p.m. GENERAL DISCUSSION Minutes from the September meeting were reviewed by members. It was moved and seconded (Rounds/Black) to approve the September minutes, with the motion passing unanimously. RMNP TRANSPORTATION INITIATIVE Two representatives from Rocky Mountain National Park attended to present current transportation information to the committee. Larry Gamble is RMNP’s Chief of Planning and Compliance and John Hannah serves as Management Specialist – Business Programs. Both were technical advisors on the Transportation Visioning Committee and helped to develop the TVC final report. The presentation covered a variety of topics including updates on RMNP’s transportation planning; a future redevelopment of the Fall River entrance; visitor numbers, destinations, and time spent in RMNP/Estes Park area; road systems and construction; shuttle system operations and numbers, as well as future updates to the shuttle system infrastructure. RMNP is in the planning process of a multi-use hike and bike trail on the abandoned section of Bear Lake Road, and expressed an interest in eventually tying into the Town/EVRPD trail system. Transportation goals included protecting park resources and maintaining positive visitor experiences by managing visits through diversified days and time of day. The FLAP project is in line with the parks’ goal of reducing visitor stress and frustration prior to reaching the park entrance. The park is also in favor of the TAC’s increased signage initiative directing traffic to multiple park entrances, as well as additional signage on Hwy 7 and Marys Lake Road, which will help traffic bypass downtown altogether. DOWNTOWN PARKING Discussion was continued on the best method of planning for maximum efficiency of the new Transit Hub at the Visitor Center. Ideas included reduced parking capacity in the downtown corridor through removal of smaller parking lots and the introduction of paid parking. Identifying the true long-term goal of this initiative is important to its success. Transportation Advisory Committee – October 15th, 2014 – Page 2 TAC TASK PRIORITIES After researching the purpose of Town committees, committee policies and areas the Town needs input from the TAC, Director Muhonen compiled a memo identifying six transportation-related projects needing development and input during the next year. The TAC’s current role is limited to advising the Town Board, but the majority of members would prefer to be categorized as a content/advice-giving committee. Along with this change, the name of the committee will be changed to the Transportation Advisory Board. Chair Campbell will work with staff on a re-write of the bylaws in conjunction with this initiative, with discussion and comments to take place at the November meeting. Chair Campbell requested improved communication from staff and trustees in desired topics for advice from the TAC. Staff will communicate areas of need and funnel these into a plan of action for the committee, leading to optimal use of monthly meeting time. Director Muhonen will help the committee prioritize topics of discussion and tasks, using use this to schedule agendas and plan out committee timelines and meetings well into the future. With no other business to discuss, Chair Campbell adjourned the meeting at 2:07 p.m. Town of Estes Park, Larimer County, Colorado, October 16th, 2014 Minutes of a Regular meeting of the Parks Advisory Board of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall Room 100, Engineering Conference Room, in said Town of Estes Park on the 16th day of October, 2014. Present: Dewain Lockwood Merle Moore Ronna Boles Chris Reed Celine Lebeau Terry Rustin Also Present: Greg Muhonen, Public Works Director Kevin McEachern, Public Works Operations Manager Russ Franklin, Parks Division Brian Berg, Parks Division Jen Imber, Public Works Administrative Assistant Bob Holcomb, Town Board Trustee Greg Muhonen called the meeting to order at 12:30 p.m. GENERAL BUSINESS It was moved and seconded (Moore/Lockwood) to approve the September 17 th meeting minutes and the motion passed unanimously. An election was held for Parks Advisory Board Chair and Co-chair. Dewain Lockwood recommended Celine Lebeau for Chair, with Merle Moore also volunteering to serve as Chair. A vote was taken on the Chair position, with four votes in favor of Celine Lebeau and one vote for Merle Moore. A vote was taken to appoint Merle Moore as co-chair and it passed unanimously. Celine will serve as Chair and Merle will serve as Co-chair for a one-year term, per the board bylaws. COMPLIANCE REPORT FOR TREE CITY USA STANDARDS Manager McEachern reported on the current standing of the 2014 Parks Advisory Board budget. As a requirement for Tree City USA, the Town must spend $2 per capita toward planting, care and removal of city trees. At a current population of 5858, Estes Park has spent well over the required amount, with $13,320.66 spent so far in 2014 on trees, tree care and tree maintenance. 511 W. ELKHORN AVENUE IMPROVEMENTS Since the discussion on this topic at the September meeting, the natural area along the Riverwalk on East Elkhorn has been cleaned up by the private property owner without Town’s consent. Trees were removed and native plants and grass were clear-cut before the PAB had opportunity to discuss how to proceed. The PAB still has a choice to recommend a course of action for this area to the Town Board. The Parks Division will have a conversation with private property owner regarding property lines and legality of doing work on Town property. Ronna Boles brought photos exhibiting a need for cleanup of river flood debris on the apartment property across the river. She also suggested a few park benches in the park area would improve usability. Ronna also provided photos of an exposed sewer pipe on the hillside belonging to same developer/private property owner. It could be brought to the property owner’s attention for improvement during the conversation about cleanup of Town property. Chris Reed suggested including street lamps throughout the area to be consistent with the rest of the Riverwalk. Ronna Boles added that increased lighting would improve safety and usability of the area at night. Parks Advisory Board – October 16th, 2014 – Page 2 Staff recommended a master plan be developed for the area if the board chooses to develop. This would require the project be treated like a capital improvement, with a preapproved budget by the Town Board, followed by design and construction of formal pocket park. The board is in favor of developing this park to provide an amenity for the Town as a whole and not an improvement exclusively for one private property owner. It was moved and seconded (Reed/Boles) to formally ask staff to prepare and plan a budget for 2016 to plan and execute an extension of the Riverwalk from Performance Park to Filbey Court, with the motion passing unanimously. POLICY CREATION The board needs to focus on the creation of tree ordinances as well as a public art policy and ordinance. The Town currently has tree ordinances in place that could be expounded upon, so the need for these is not as urgent as the art policy and ordinance. The board feels tackling both projects at the same time would bog down meeting time. The Town tends to have an influx of art in springtime, so having a policy in place by then takes priority. The public art policy will be embodied in a resolution or ordinance prepared by/with the PAB, and could be accompanied by a guidelines document. Once final drafts of these items have been prepared, the PAB will present them to the Town Board as a recommendation. The board discussed a systematic way of approaching this policy development. Merle Moore suggested forming a subcommittee to create a first draft, which could be distributed to the rest of the board for comment. Merle Moore and Terry Rustin volunteered to form the subcommittee to tackle writing individual sections and then present for comment. Director Muhonen recommended breaking out sections for completion during the next three meetings, putting the policy together in February, getting public comment and then taking the policy to the Town Board for recommendation in April 2015. Chair Lebeau pointed out this is same timeline as Arbor Day preparations, and Brian Berg also suggested leaving time for other board duties. Merle Moore asked about the Creative Arts District that has been recently discussed in the newspapers. Brian Berg suggested making contact with that group to be sure efforts are not being duplicated. Bob Holcomb will talk with one of the starting members and ask them to contact Chair Lebeau for discussion. With no other business to discuss, a motion was made (Lockwood/Boles) to adjourn the meeting at 1:42 pm, with all voting in favor. RECORD OF PROCEEDINGS Estes Valley Planning Commission 1 October 21, 2014 Board Room, Estes Park Town Hall Commission:  Chair Betty Hull, Commissioners Doug Klink, Charley Dickey, Kathy Bowers,  Nancy Hills, Steve Murphree, Wendye Sykes    Attending:  Chair Hull, Commissioners Klink, Bowers, Dickey, Sykes, and Murphree    Also Attending: Senior Planner Dave Shirk, Planner Phil Kleisler, Town Board Liaison John Phipps,  Larimer County Liaison Michael Whitley, and Recording Secretary Karen  Thompson    Absent:  Commissioner Hills      Chair Hull called the meeting to order at 1:30 p.m.  There were 22 people in attendance.  Each  Commissioner was introduced. Chair Hull explained the process for accepting public comment at  today’s meeting. The following minutes reflect the order of the agenda and not necessarily the  chronological sequence.    1. PUBLIC COMMENT  None.    2. CONSENT AGENDA     A. Approval of minutes, August 19, 2014 Planning Commission meeting.  B. Amended Plat of Lots 14, 15, & a portion of Lot 16, Haydens Resubdivision; 1230, 1260, and a  vacant lot, Middle Broadview   It was moved and seconded (Bowers/Sykes) to approve the consent agenda as presented and  the motion passed unanimously.    3. FALCON RIDGE, TBD Red Tail Hawk Drive  A. DEVELOPMENT PLAN 2014‐03  B. AMENDED PLAT, LOT 4, GOOD SAMARITAN SUBDIVISION  Planner Kleisler reviewed the staff report. He stated there were two items to review: the  Development Plan, with the Planning Commission as the decision‐making body; and the Amended  Plat, with the Planning Commission the recommending body to the Town Board. The  owner/applicant is the Estes Park Housing Authority, and the lot is zoned RM–Multi‐Family  Residential.  He stated the Planning Commission received a very detailed presentation in June,  2014 with the first review of the Falcon Ridge project. The applicant made significant revisions to  the plan in response to recent community meetings with nearby property owners. The Town  Board did approve a fee waiver for development review and building permits earlier this year.  A  fee waiver request for the Amended Plat will be considered at the November 25, 2014 Town  Board meeting.     RECORD OF PROCEEDINGS Estes Valley Planning Commission 2 October 21, 2014 Board Room, Estes Park Town Hall Planner Kleisler stated today’s report would focus on the revised design. The Development Plan  includes 48 attainable housing rental units on Lot 4. The most significant design change is the  removal of several proposed buildings from the southern property line. The changes include one  building to be located in the southwest corner of the property, approximately 40 feet from the  property line. The buildings along the northern boundary have been pushed to the south. The  purpose of the Amended Plat is to dedicate easements necessary for the development plan. No  property lines will change. Planner Kleisler stated the undeveloped property borders platted  wetlands to the north, multi‐family attainable housing to the east, single‐family housing with a  mix of attainable units to the south, and Town‐owned open space to the west.      Planner Kleisler explained the maximum allowed units was 12 units per acre, using the Attainable  Housing Density Bonus. The applicant has proposed 8.6 units per acre. The architectural  elevations and associated finished floor elevations comply with the building height limitations of  the Estes Valley Development Code (EVDC). Impervious coverage allowed is 50%, and the  applicant has proposed 41.78%, well under the limit. The Floor Area Ratio, which calculates the  development’s bulk, is proposed to be 13.66%. This is less than half of the 30% allowed. Planner  Kleisler stated the applicant widened the interior sidewalks to six feet to accommodate vehicle  overhang. This is important due to anticipated heavy sidewalk use. In addition to the removal of  the southernmost buildings, the site will be graded to have a northern slope along that property  line. This will greatly reduce headlight glare on the neighboring homes on Gray Hawk Court. The  revised landscape plan far exceeds the minimum planting requirements. A few species will need  to be changed to comply with the preferred planting list in the EVDC. Planner Kleisler stated the  applicant submitted a Wildlife Study with this revised submittal, and staff provided the following  comments: (1) If construction activity is initiated between April 1st and July 15th, a detailed wildlife  assessment should be conducted; (2) Neighbors would likely object to the removal of fencing on  the westerly portion of the property; however, staff cannot require removal; (3) Staff determined  the wildlife movement would likely be through the wetlands north of the site; (4) The applicant is  not currently planning to relocate the play area; and (5) Bear‐proof trash containers on the site  will be screened with a solid fence. Concerning exterior lighting, Planner Kleisler stated the design  proposes light poles less than 18 feet in height, when 25 feet is allowed. The reconfigured site  moved the parking lot and associated lighting closer to the south. All exterior lighting complies  with the EVDC. Parking is provided along the loop driveway through the site, and over 100 parking  spaces have been proposed. This number exceeds the minimum requirements.    Planner Kleisler stated the application was routed to all affected agencies and adjacent property  owners. One public comment in support of the project was received from the Board of Realtors.   Several agencies provided comments. The applicant received approval for two minor  modifications relating to transportation: (1) A slightly wider driveway opening to accommodate  fire truck turning radii; and (2) A curb cut that does not directly align with the adjacent cut across  the street. This redesign will align with the relocation of the buildings on the north side of the  property, and will not conflict with traffic from Talons Pointe development. It was determined by  staff that a third minor modification request was not needed.  RECORD OF PROCEEDINGS Estes Valley Planning Commission 3 October 21, 2014 Board Room, Estes Park Town Hall   Staff Findings  1. The Development Plan application complies with EVDC Section 3.8D Development Plan  Standards for Review, provided that the application is revised to comply with  recommended conditions of approval by staff and affected agencies.  2. The Amended Plat application complies with EVDC Section 3.9E Subdivision Standards for  Review, provided that the application is revised to comply with recommended conditions  of approval by staff and affected agencies.  3. The Planning Commission is the decision‐making body for the proposed Development Plan  and the recommending body to the Town Board for the proposed Amended Plat.  4. Approval of the Amended Plat application will not be materially detrimental to the public  welfare, injurious to other property in the neighborhood, or in conflict with the purposes  and objectives of the EVDC.    Planner Kleisler stated staff recommended approval of the Development Plan and the Amended  Plat, with the conditions of approval listed below. He noted the applicant received the findings  and condtions of approval several weeks ago and had already completed most of changes.    Staff and Commission Discussion  Comments were directed towards irrigation of the landscaping, and the revised width of the  sidewalks.     Public Comment  Rita Kurelja/Executive Director of the Estes Park Housing Authority stated the need for attainable  housing in the Estes Valley is still great, and they actually have a waiting list. The revised design  meets all the requirements of the EVDC with the exception of the approved minor modifications.  It also meets the guidelines of the Estes Valley Comprehensive Plan, and the Housing Authority is  looking forward to the development fitting in with the community. The majority of financing has  been secured.  The Board of Directors is ready for a positive result from this project.       Dave Lingle/project architect stated they conducted extensive outreach with the surrounding  neighborhood, addressed all concerns, and the end result is the revised design.  He stated the  primary concern was related to density. The revised plan shows 48 units, which includes four six‐ plex buildings (stacked flats) and four townhouse buildings containing six units each, mostly two‐ story in design.  The overall site will still have a 2000 square foot community building containing a  meeting room, office space, and a semi‐covered patio overlooking the playground. The  redesigned buildings on the north will have decks slightly elevated, overlooking the wetlands  area.     Craig Russell/landscape architect stated the neighbors desired to increase the space between  their homes and the proposed buildings. The designers presented three alternative plans to the  neighbors, and the chosen plan was what was submitted. Decreased density on south portion of  RECORD OF PROCEEDINGS Estes Valley Planning Commission 4 October 21, 2014 Board Room, Estes Park Town Hall the parcel and pushed the southwestern most building as far north as possible.  The redesign  improved the view corridors for the neighbors (from the previous design), and created as much  buffer as possible by maximizing landscaping on the south side and enhancing the slope to reduce  headlight glare. The revised road layout contains some of the original plan and introduced as  many islands as possible to break up the parking areas. The islands will also decrease the crossing  distance for pedestrians and will slow down traffic.    Jim Pickering/Economic Development Corporation Chair stated attainable workforce housing is  absolutely critical to maintaining economic development in the Estes Valley. He attended the  neighborhood meeting, and found that every attempt was made to accommodate the  suggestions from the neighbors. Neighbor comments included, but were not limited to; this is  acceptable to us; I truly compliment you; you have addressed all our concerns; a really well‐ designed plan; and very accommodating. The revised plans have his and the neighbor’s support.     Public comment closed.    Staff and Commission Discussion  Comments included: the view corridors have been well‐addressed; the Housing Authority should  be commended for considering everyone in this project; very pleased with the revised design.     Conditions of Approval  1. Amended Plat application – Lot 4, Good Samaritan Subdivision, subject to the following  conditions:  a. Compliance with the memo from the Town of Estes Park Community Development  Department dated September 26, 2014  2. Development Plan 2014‐03, subject to the following conditions:  a. Town Board approval of the Amended Plat application;  b. Compliance with the following affected agency comments:  i. Memo from Town of Estes Park Public Works Department dated September 26,  2014  ii. Memo from Town of Estes Park Light & Power Division dated September 23, 2014  iii. Memo from Town of Estes Park Water Division dated September 22, 2014  iv. Memos from Town of Estes Park Community Development Department dated  September 26, 2014  v. Memo from Estes Valley Fire Protection District dated September 23, 2014  vi. Memo from Upper Thompson Sanitation District dated September 26, 2014    It was moved and seconded (Sykes/Bowers) to approve the Falcon Ridge Development Plan  2013‐03 as described in the staff report, with the findings and conditions recommended by staff  and the motion passed unanimously.    RECORD OF PROCEEDINGS Estes Valley Planning Commission 5 October 21, 2014 Board Room, Estes Park Town Hall It was moved and seconded (Bowers/Murphree) to recommended approval of the Amended  Plat of Lot 4, Good Samaritan Subdivision to the Town Board with the findings and conditions  recommended by staff and the motion passed unanimously.     4. AMENDMENT TO THE ESTES VALLEY PLANNING COMMISSION BYLAWS  Planner Shirk stated the primary purpose of amending the bylaws was to reformat them for  consistency with other Board/Committee bylaws, as directed by Town Administrator Lancaster.  The existing bylaws were created in 2000 at the time the Planning Commission was created, and  did not follow any specific format. Although there have been periodic amendments, the current  formatting remained the same. Planner Shirk stated some of the proposed changes will require an  amendment to the Inter‐governmental Agreement with Larimer County; specifically, the removal  of specific years of Town/County chair. The document was reviewed in the study session prior to  today’s meeting, and the following changes will be made to the proposed amended bylaws: (1)  replace “Chairperson” with “Chair”; (2) add page numbers and title to bottom of page; (3) Section  II, change “Thursday” to “Tuesday”; (4) Correct lettering in Section II (C to E, D to F, etc.); (5)  Section II.E “Cancellation of Meetings” – specify the Chair may cancel; (6) Section III.B “The terms  of the members shall be staggered”; and (7) Section VII: rename to “Compliance with Town and  County Policies.” to have consistency with all town bylaws. Planner Shirk stated the primary  changes have to do with the term of officers and the switching of the Town/County appointment  of the Chair position. He stated changes also clarify how consent items are handled during the  study session, clarifying when and how meetings can be cancelled, providing an update on  meeting procedures and processes we follow; amending terms of members. He will review the  document one more time for typographical and grammatical errors. Planner Shirk stated the  Planning Commission will vote to recommend approval to both the Town Board and the County  Commission.      It was moved and seconded (Klink/Murphree) to recommend approval of the amendments to  the Estes Valley Planning Commission Bylaws to the Town Board and Board of County  Commissioners as revised and the motion passed unanimously.    5. REPORTS  A. Senior Planner Shirk reported on the Joint Work Session between the Planning  Commission, Town Board, and County Commission held on October 15, 2014. He clarified  that future joint work sessions would contain minimal reports, and those reports would  only put context to the action items needed to move forward. There was brief discussion  about the food cart/truck item, and whether or not the County Commission needed to be  involved in that discussion. Comments made included the County Commission could  provide good comments because food carts/trucks are allowed in Fort Collins; the County  would need to be on board with code amendments because they would need to vote to  approve or deny any amendments to the EVDC; and staff continues to receive requests for  food carts and trucks in the Estes Valley. Planner Shirk stated future meetings will be  scheduled as needed, when there are enough items on the agenda to warrant a meeting,  RECORD OF PROCEEDINGS Estes Valley Planning Commission 6 October 21, 2014 Board Room, Estes Park Town Hall probably one or two a year. Comments included: we need to lay out what we want to  work on next year, and what input would be required; a vision for the future may be  helpful. Planner Shirk reported the transportation section of the Comprehensive Plan  needed additional input from the Public Works Department, the Museum, and the Transit  Coordinator. Additional spreadsheet updates are needed concerning traffic. He stated he  needs to meet with Jon Nicholas to get economic data collected from the Economic  Development Corporation (EDC).  Attorney White clarified the EDC is a private non‐profit  corporation and not part of the Town. The Town has two seats on the Board, and provides  some funding.   B. Senior Planner Shirk reported on a letter received from the Colorado Department of  Transportation (CDOT) concerning transfer of ownership of West Elkhorn Avenue from the  State to the Town. The letter is a request for comment on the land use portion of the  proposal.  Currently a state highway and would become a Town road. From a regulatory  perspective, there is no difference. The change would put West Elkhorn under local  authority and maintenance. Greg Muhonen, Public Works Director, stated field crews have  a good working relationship with CDOT.  He will push for an overlay of that portion of road  before everything with the FLAP grant project is done.   C. Greg Muhonen, Public Works Director provided an update on the parking structure.  The  full package, with all inclusions as originally designed, will be going to bid. The bid  schedule has been structured with line items to obtain an exact breakdown of costs. That  will make it possible to award or remove individual items from the bid package.   D. Upcoming Reviews  1. There have been preliminary discussions about the possible redevelopment of an older  accommodations property in town. An application may be forthcoming within the next  few months.   3. The Salud Clinic has donated a parcel of land to Habitat for Humanity. Staff will meet  with them to discuss potential uses. The lot is currently zoned O‐Office. Staff let them  know neighborhood outreach would be imperative from the start.  4. The YMCA has submitted a Development Plan application for a Mountain Center near  the Lower Cookout area. The building would be the headquarters for all outdoor  activities at the YMCA. A Development Plan is required due to the number of parking  spaces proposed. They also submitted an application for a height variance, which will  be before the Board of Adjustment the month following the Planning Commission  review.  5. The following items were approved by the Town Board on August 26, 2014:  a. The Lodges at Black Canyon Inn Supplemental Condominium Map  b. Estes Park Sanitation District Special Review  c. Stanley Hills Amended Plat  d. Fort Morgan Colony Amended Plat  6. The following items were approved by the Town Board on September 23, 2014  a. Kenofer Amended Plat  b. Park River West Supplemental Condominium Map, Phase XXVI  RECORD OF PROCEEDINGS Estes Valley Planning Commission 7 October 21, 2014 Board Room, Estes Park Town Hall 7. The following items were approved by the Estes Valley Board of Adjustment on  September 9, 2014:  a. Laurienti Variance  b. McAndrew Variance  c. Sombrero Ranch Variance – This item was a request to stockpile a large area of fill  material on the ranch property, taken from flood deposition at Lost Antlers Ranch  on McGraw Ranch Road. The variance was approved with several conditions,  including a development agreement.  8. The following items were approved by the Estes Valley Board of Adjustment on  October 7, 2014:  a. Whitmore Variance  b. Lauer Variance  9. The vacancy on the Board of Adjustment has been filled by County resident Don  Darling. Don is a home builder and lives in the Windcliff area. He replaces Bob  McCreery, who moved from the unincorporated Estes Valley.  10. The Town was awarded a grant to hire an environmental planner for a two‐year time  period. The grant will pay the salary, and the Town will pay for the benefits. This  person will be under the supervision of Director Chilcott.  11. The Town submitted the Hazard Mitigation Grant Program (HMGP) application, which  focuses primarily on the downtown area, and the Community Development Block  Grant‐Disaster Recovery (CDBG‐DR) grant application. The combined total is  approximately $13 million.  The criteria for the grants included a benefit cost analysis,  which limited the focus to the downtown area.      There being no further business, Chair Hull adjourned the meeting at 2:47 p.m.              ___________________________________        Betty Hull, Chair                  ___________________________________        Karen Thompson, Recording Secretary  Stipulation Agreement - Everest Kitchen LLC dba Famous Eastside Groceries, 381 S. St. Vrain Avenue, 3.2% Beer Off Premises Liquor License Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: November 19, 2014 RE: Stipulation Agreement - Everest Kitchen LLC dba Famous Eastside Groceries, 381 S. St. Vrain Avenue, 3.2% Beer Off Premises Liquor License Objective: To approve a Stipulation Agreement with Everest Kitchen LLC dba Famous Eastside Groceries, 381 S. St. Vrain Avenue, for the sale of alcohol to a minor during a compliance check on September 25, 2014. Present Situation: The Town Board approved Resolution #21-14 at their meeting on Tuesday, October 14, 2014 setting a Show Cause hearing for Everest Kitchen LLC dba Famous Eastside Groceries, on Tuesday, November 11, 2014 for a violation of the Colorado Liquor Code Section 12-47-901 (1) (a.5)(I) C.R.S, alleging the Licensee, through its employee, sold alcohol to a person under the age of twenty-one. The Town Board continued the hearing to Tuesday, November 25, 2014 as the licensee was not present at the meeting. During the past month, staff has been in discussions with the owner of the business. The owner, Bipin Shrestha, has stated no objections to the fact a violation occurred at his business and has been cooperative in discussing a Stipulation Agreement. The licensee was granted a liquor license in December 2012. He has stated to staff the individual at the store during the compliance check was watching the store for him while he ran errands. He has confirmed that he has reviewed the laws with his employees and the need to check identification before selling alcohol. In addition, Mr. Shrestha also owns the Thai Kitchen next door and successfully passed the compliance check that was conducted on August 21, 2013. The establishment failed a compliance check on July 25, 2013 and entered into a Stipulation Agreement with the Town on September 10, 2013. The licensee stipulated to a 21-day suspension with 5 days served and 16 days held in abeyance under the Town’s previous stipulation guidelines. Stipulation Agreement - Everest Kitchen LLC dba Famous Eastside Groceries, 381 S. St. Vrain Avenue, 3.2% Beer Off Premises Liquor License 2 Proposal: On November 4, 2014, the licensee agreed to enter into a Stipulation Agreement. Through the stipulation process, Famous Eastside Groceries has waived their rights to a Show Cause hearing before the Board of Trustees in order to determine if a violation occurred. In reviewing the Town’s new stipulation guidelines, the current offense was deemed to be a second offense within two years. Famous Eastside Groceries agrees the violations occurred and has agreed to a 21 day suspension, with actual time served of 14 days of its 3.2% Beer Off Premises Liquor License as a penalty for the violation. The 7 days held in abeyance would be suspended on the condition no further violation occurs during the one-year stipulation period commencing November 11, 2014. The Stipulation Agreement is attached for the Board’s review. If approved by the Board, the suspension would be served beginning November 26, 2014 through December 11, 2014. If the Board does not accept the Stipulation Agreement, the licensee has the option to withdraw the Stipulation Agreement and hold the Show Cause hearing scheduled for December 9, 2014 as stated in the Stipulation Agreement under Section 5. Advantages:  The approval of the agreement reduces the cost to the Town of a Show Cause hearing and the time in finding a violation occurred, as the licensee has agreed a violation has occurred.  Those subpoenaed are not required to attend the meeting. Disadvantages: None. Action Recommended: Approve the Stipulation Agreement with Everest Kitchen LLC dba Famous Eastside Groceries for the underage sale of alcohol during a compliance check conducted on September 25, 2014. Budget: None. Level of Public Interest: High. The other liquor establishments are aware of the compliance checks and the penalties being approved by the Town Board. Sample Motion: I move to approve/deny the Stipulation Agreement with Everest Kitchen LLC dba Famous Eastside Groceries. Attachment Stipulation Agreement Order to Show Cause and Notice of Hearing BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO -------------------------------------------------------------------------- STIPULATION AND AGREEMENT -------------------------------------------------------------------------- IN THE MATTER OF: EVEREST KITCHEN, LLC D/B/A FAMOUS EASTSIDE GROCERIES ATTN: BIPIN SHRESTHA 381 S. ST. VRAIN AVENUE ESTES PARK, COLORADO 80517 LICENSE NO: 46-00058-0000 -------------------------------------------------------------------------- This Stipulation and Agreement (“Agreement”) between the Board of Trustees, Town of Estes Park, (“the Town”), acting as the Local Licensing Authority, and EVEREST KITCHEN, LLC DBA FAMOUS EASTSIDE GROCERIES, 381 S. ST. VRAIN AVENUE, ESTES PARK, COLORADO 80517, LICENSE NO: 46-00058-0000, (“Licensee”) is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above-named parties submit and agree as follows: 1. Licensee and the Town wish to avoid the time and expense of a full hearing and possible subsequent litigation on this matter. 2. The Licensee represents and states as follows: A. Licensee is willing to stipulate that the allegations set forth in Exhibit A are true and correct. B. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violation. C. Licensee waives the right to confront witnesses presented by the Town to establish the said violation and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. D. Licensee’s entry into this Agreement is made voluntarily and is not the result of any undo influence or coercion on the part of anyone. E. Licensee has had the opportunity to fully consider the consequences of the Agreement and has had the opportunity to seek advice from its own legal counsel. F. Licensee understands that, by entering into this Agreement, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of the establishment of a factual basis to support a finding of said violations. 3. The Licensee agrees to: (a) a 21-day suspension, with an actual time served of 14 days of its 3.2% Beer Off Premise Liquor License as a penalty for its violation of the Colorado Liquor Code as set forth in Exhibit A to this Agreement. Said suspension of Licensee’s 3.2% Beer Off Premise Liquor License to take place as follows: From 12:01 a.m., November 28, 2014 through 11:59 p.m., December 11, 2014. (b) The Licensee and Licensee’s permanent employees (as determined by the Licensee) are required to attend certified T.I.P.S. Training (Training for the Intervention Procedures by Servers of Alcohol) within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified T.I.P.S. training shall train their remaining employees within 12 months from the date of the Finding and Order of Suspension. (c) The 7 days held in abeyance are suspended on the condition that no further violations of the Colorado Liquor Code and/or the Regulations of the Department of Revenue Liquor Enforcement Division occur within the one-year stipulation period commencing on November 25, 2014. 4. The parties agree that nothing set forth in this Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee’s 3.2% Beer Off Premise Liquor License for any violation of the Colorado Liquor Code, subsequent to the date of this Agreement. However, the Town shall comply with all of the requirements of the Colorado Liquor Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the terms of suspension set forth in Section 3 above of this Agreement, the Licensee shall be permitted to withdraw its entry into this Agreement and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its entry into this Agreement, nothing in this Agreement shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. In the event the Licensee does withdraw its entry into this Agreement, the Show Cause Hearing scheduled in for this date and time shall be continued until December 9, 2014 at 7:00 p.m. 6. The persons executing this Agreement for the Licensee have full corporate authority to execute this Agreement and bind the corporation which is the Licensee. 7. Licensee and the Town agree that this Agreement shall not be admissible in any proceeding outside of the Show Cause hearing scheduled for November 11, 2014, at 7:00 p.m., and continued to November 25, 2014. DATED this ___________ day of ____________, 2014. EVEREST KITCHEN, LLC D/B/A FAMOUS EASTSIDE GROCERIES TOWN OF ESTES PARK _____________________________ _______________________________ Title Police Chief _______________________________ Town Clerk BEFORE THE LOCAL LIQUOR LICENSING AUTHORITY TOWN OF ESTES PARK, COLORADO ______________________________________________________________________________ ORDER TO SHOW CAUSE AND NOTICE OF HEARING ______________________________________________________________________________ IN THE MATTER OF: MR. BIPIN SHRESTHA EVEREST KITCHEN LLC D/B/A FAMOUS EASTSIDE GROCERIES 381 S. ST. VRAIN AVENUE ESTES PARK, COLORADO 80517 LICENSE NO: 4600058 ______________________________________________________________________________ WHEREAS, it has been made to appear to the Local Licensing Authority, Town of Estes Park, State of Colorado, that Everest Kitchen LLC, dba Famous Eastside Groceries, 381 S. St. Vrain Avenue, Estes Park, Colorado 80517 ("Licensee"), has violated the statutes or the rules and regulations of the Department of Revenue governing its tavern liquor license in the following particulars: I) Pursuant to Section 12-47-901 (1)(a.5)(I), C.R.S., except as provided in Section 18-13-122, C.R.S., it is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years. A) It is alleged that on September 25, 2014, the Licensee, through its employee/agent, Bishwa Bhakta Shrestha, permitted the sale, serving, giving, or procuring of an alcohol beverage to a juvenile under age of 21 years. NOW THEREFORE, you are hereby ordered to appear before the local licensing authority to show cause why your said license should not be suspended or revoked as by law provided. A Show Cause Hearing is set for November 11, 2014 at 7:00 p.m. and will be held in the Town Board Room at 170 MacGregor Avenue, Estes Park, Colorado. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a postponement will not be granted except for good cause shown. If you should fail to appear at the scheduled time and place for the hearing, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor or Beer Code Order to Show Cause and Notice of Hearing Famous Eastside Groceries Page 2 of 2 may be suspended or revoked. Please be further advised that if the Local Licensing Authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor or Beer Code, the Local Licensing Authority may consider, in selecting the sanction to be imposed against you, any mitigating or aggravating factors, any prior violations of the Colorado Liquor or Beer Code, as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned Licensee. IN WITNESS WHEREOF, I have here unto set my hand and seal of my office this ____ day of _____________, 2014. _______________________________ Town Clerk Community Development Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Phil Kleisler, Planner II Date: November 25, 2014 RE: CONDOMINIUM MAP, Supplemental Condominium Map #7, Stone Bridge Estates Condominiums, 1125 Fish Creek Road, Kingswood Homes/Owner Objective: Review of Stonebridge Estates Condominium Map application, submitted by applicant Mike Kingswood, for compliance with the Estes Valley Development Code (EVDC) to allow sale of the unit. Present Situation: The applicant has submitted a supplemental condominium map application for Stone Bridge Estates Condominiums. The property is zoned RM Multifamily Residential and is located at 1125 Fish Creek Road. Development approval provided for a total of fourteen units. To date, nine of the units have been built and condominiumized; this unit represents the tenth unit to be condominiumized, leaving an additional four units. Pursuant to state law, condominium units may not be finalized until the units are substantially complete. Because of this, final supplemental maps will be submitted as the project builds out. According to the procedure set forth in the EVDC, the Final Condominium map proceeds directly to the Board and is not reviewed by the Planning Commission. The applicant received Town Board approval of a final townhome plat for this property to create a land subdivision in lieu of the current condominium plat. The final townhome plat was not submitted for recording for unknown reasons. Therefore, this property will remain as a condominium. The applicant may resubmit a townhome plat at any time in the future. Proposal: Approval of the supplemental condominium map #7, condominiumizing one residential unit. The unit is addressed 1125 Fish Creek Road. Advantages:  This proposal complies the applicable standards of the EVDC, specifically: Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H “Condominiums, Townhouses and Other Forms of Airspace Ownership.”  Approving the subject Supplemental Condominium Map will allow sale of the unit. Disadvantages: None. Action Recommended: Approval conditional to compliance with Development Plan 07-09 “Stone Bridge Estates”. Budget: N/A Level of Public Interest: Low. Sample Motion: I move to Approve (or Deny) the application for the Supplemental Condominium map #7, Stone Bridge Estates Condominiums, 1125 Fish Creek Road, with the condition recommended by staff. Attachments: 1. Application 2. Site Plan COMMUNITY DEVELOPMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Phil Kleisler, Planner II Date: November 25, 2014 RE: AMENDED PLAT, Lot 4 Good Samaritan Subdivision (Falcon Ridge); TBD Red Tail Hawk Drive, Estes Park Housing Authority/Owner. Planner Kleisler. Objective: Review of the amended plat application for compliance with the Estes Valley Development Code (EVDC). Present Situation: The site currently consists of one undeveloped, 5.5 acre lot zoned RM Multi-family. The property borders platted wetlands to the north, multi-family attainable housing to the east, single family residential lots to the south and open space to the west. Proposal: Lot 4 was created with the Good Samaritan subdivision plat in 2001. The applicant has submitted an Amended Plat application to amend this plat of record. The purpose of the plat is to vacate existing easements and dedicate new easements necessary for the Falcon Ridge development proposal. This Amended Plat application is part of a larger application package that includes the following: 1. Development Plan: The Plan is completely redesigned in response to concerns from nearby property owners. The largest change to the Plan includes the relocation of the buildings along the southern property line to the north end of the site. The Estes Valley Planning Commission approved the Plan at their October 21, 2014 meeting. The project proposes 48 multi-family attainable housing units along Red Tail Hawk Drive. 2. Fee Waiver Request: This request is for the development review fee of the Amended Plat application. This item is on tonight’s Board agenda. Dimensional Requirements: The existing lot exceeds the minimum lot size of 40,000 square feet and minimum width of 200 feet. No change to lot size is proposed. The shape and orientation appear appropriate for the type of development and use contemplated. The lots front Red Tail Hawk Drive. Easements. Easement locations are subject to final review and approval of utility providers. Advantages:  Complies with EVDC.  Would advance the purpose of subdivision standards by providing lots of reasonable utility and livability. Disadvantages: None. Action Recommended: On October 21, 2014, the Estes Valley Planning Commission made the following findings: 1. The Development Plan application complies with EVDC §3.8.D Development Plan Standards for Review, provided that the application is revised to comply with recommended conditions of approval by staff and affected agencies. 2. The Amended Plat application complies with EVDC §3.9.E. Subdivisions Standards for Review, provided that the application is revised to comply with recommended conditions of approval by staff and affected agencies. 3. The Planning Commission is the Decision-making Body for the proposed Development Plan and the Recommending Body to the Town Board for the proposed Amended Plat. 4. Approval of the Amended Plat application will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the EVDC. During the October 21, 2014 meeting the Planning Commission voted 6-0 (one Commissioner absent) to recommend approval of the Amended Plat application with the following conditions: 1. Compliance with the memo from Town of Estes Park Community Development Department dated September 26, 2014. Budget: N/A Level of Public Interest: Public interest for this project is high. The Planning Commission received public comment on the Falcon Ridge application package during their October 21, 2014 meeting; minutes from this meeting are included as item 1.6 of tonight’s Town Board agenda. One (1) written comment from the Board of Realtors in support of the proposal was received prior to the meeting. One (1) member of the public spoke in support of the project during the public hearing. Sample Motion: I move for the approval/denial of the proposed Amended Plat of Lot 4, Good Samaritan Subdivision, subject to the findings and conditions recommended by the Planning Commission. Attachments: 1. Application 2. Agency memo 3. Proposed Amended Plat 4. Revised Development Plan To: Jess Reetz Cornerstone Engineering and Surveying From: Phil Kleisler, Planner II Date: September 26, 2014 RE: Falcon Ridge Amended Plat – Findings of Compliance with Estes Valley Development Code (EVDC) This written analysis includes only those EVDC provisions that apply to this development proposal. Community Development Staff finds the September 9, 2014 submittal: Complies With: 1. §4.3.B Table 4-1 Permitted Uses: Multi-family 2. §4.3.C Table 4-2 Density and Dimensional Standards 3. §10.4 Lots 4. §10.5 Subdivision Design Standards 5. §10.5.A.1 Relation to the Estes Valley Comprehensive Plan: The application advances several Community-Wide policies, including: a. Encourage a variety of housing types and price ranges. b. Encourage housing for permanent residents of all sectors of the community that is integrated into and dispersed throughout existing neighborhoods. The application also advances a key consideration of the North End neighborhood plan by creating a 100’ wetlands setback. “Numerous drainages can be found within the planning area, creating sensitive wildlife habitat. There areas should be preserved from development and “setback/no disturb areas” established.” 6. §10.5.E.5 Easements Does Not Comply With (or needs further clarification): 1. Provide referenced easements prior to plat recordation. The Planning Commission must find: 1) Compliance with §10 Subdivision Standards, as applicable. 2) That approval will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of this Code. Community Development Memo Page 1 Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Standards for ReviewMinor Subdivision, Amended Plat (§3.9.E): Subdivisions must demonstrate compliance with the standards and criteria set forth in Chapter 10 “Subdivision Standards.” Recommending Body:Estes Valley Planning CommissionDecision-Making Body:Estes Park Town Board of TrusteesFee Waiver Policy: Compliance with adopted policy.Decision-Making Body:Estes Park Board of TrusteesOwner/Applicant: Estes Park Housing Authority Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Falcon Ridge Development Application66 Units (12/Acre)Two Phases Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Falcon Ridge Development Application48 Units (9/acre)One Phase Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Application PackageItem Decision-Making Body Decision DateOriginal Development PlanPlanning Commission June 17, 2014 Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Application PackageItem Decision-Making Body Decision DateOriginal Development Plan Planning Commission June 17, 2014Annexation Agreement Planning CommissionTown Board June 17, 2014July 22, 2014 Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Application PackageItem Decision-Making Body Decision DateOriginal Development Plan Planning Commission June 17, 2014Annexation Agreement Planning CommissionTown Board June 17, 2014July 22, 2014Subdivision Town Board July 22, 2014 Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Application PackageItem Decision-Making Body Decision DateOriginal Development Plan Planning Commission June 17, 2014Annexation Agreement Planning CommissionTown Board June 17, 2014July 22, 2014Subdivision Town Board July 22, 2014Fee Waiver Request Town Board July 22, 2014 Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Application PackageItem Decision-Making Body Decision DateOriginal Development Plan Planning Commission June 17, 2014Annexation Agreement Planning CommissionTown Board June 17, 2014July 22, 2014Subdivision Town Board July 22, 2014Fee Waiver Request Town Board July 22, 2014Amended Development PlanPlanning Commission October 21, 2014 Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Application PackageItem Decision-Making Body Decision DateOriginal Development Plan Planning Commission June 17, 2014Annexation Agreement Planning CommissionTown Board June 17, 2014July 22, 2014Subdivision Town Board July 22, 2014Fee Waiver Request Town Board July 22, 2014Amended Development PlanPlanning Commission October 21, 2014Amended Plat Planning CommissionTown BoardOctober 21, 2014November 25, 2014 Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Application PackageItem Decision-Making Body Decision DateOriginal Development Plan Planning Commission June 17, 2014Annexation Agreement Planning CommissionTown Board June 17, 2014July 22, 2014Subdivision Town Board July 22, 2014Fee Waiver Request Town Board July 22, 2014Amended Development PlanPlanning Commission October 21, 2014Amended Plat Planning CommissionTown BoardOctober 21, 2014November 25, 2014Fee Waiver Town Board November 25, 2014 Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014First Amendment to Annexation Agreement: Background Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014First Amendment to Annexation Agreement: Background Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Public Comments1. Original Plan: Density and Dimensional Requirements (height, setbacks)2. Current Public Comments Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Staff Review: Amended PlatPermitted UseMin. Lot SizeMin. Lot WidthLot Configuration Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Staff Review: Development Plan, Comprehensive PlanEstes Valley Comprehensive PlanThe application advances several Community-Wide policies, including:• Encourage a variety of housing types and price ranges.• Encourage housing for permanent residents of all sectors of the community that is integrated into and dispersed throughout existing neighborhoods. Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Estes Valley Planning Commission Findings1. The Development Plan application complies with EVDC §3.8.DDevelopment Plan Standards for Review, provided that the application is revised to comply with recommended conditions of approval by staff and affected agencies. 2. The Amended Plat application complies with EVDC §3.9.E. Subdivisions Standards for Review, provided that the application is revised to comply with recommended conditions of approval by staff and affected agencies. 3. The Planning Commission is the Decision-making Body for the proposed Development Plan and the Recommending Body to the Town Board for the proposed Amended Plat.4. Approval of the Amended Plat application will not be materially detrimental to the public welfare, injurious to other property in the neighborhood, or in conflict with the purposes and objectives of the EVDC. Falcon Ridge Amended Plat/Fee Waiver; Estes Park Board of Trustees, November 25, 2014Planning Commission RecommendationThe Estes Valley Planning Commission recommends APPROVALof:Amended Plat application - Lot 4, Good Samaritan Subdivision, subject to the following conditions:1. Compliance with the memo from Town of Estes Park Community Development Department dated September 26, 2014. Page 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Alison Chilcott, Director Phil Kleisler, Planner II Date: November 25, 2014 RE: FEE WAIVER, Waiver of fees for Amended Plat of Lot 4, Good Samaritan Subdivision (Falcon Ridge), Estes Park Housing Authority/Owner. Planner Kleisler. Objective: Determine if the application complies with adopted fee waiver policy, and approve or deny the associated request. Present Situation: The Estes Park Housing Authority has submitted a development application package that also includes the following: 1. Falcon Ridge Development Plan: The applicant has held a series of community meetings with nearby property owners and revised the proposal to address neighbor concerns. The Estes Valley Planning Commission approved the proposal at their October 21, 2014 meeting. The project proposes 48 multi-family attainable housing units along Red Tail Hawk Drive. 2. Amended Plat: The applicant has submitted an amended plat application to vacate existing easements and dedicate new utility easements associated with the Falcon Ridge development proposal. The Planning Commission provided a recommendation of approval to the Town Board on October 21, 2014. The Amended Plat application is on tonight’s Board agenda. The Town Board adopted the Fee Waiver policy in 2012 to support vital community needs such as affordable housing, assisted living and health care services. The Policy allows the Town Board to waive in-house fees assessed by the Community Development Department, including building permit, development review and sign code fees. Community Development Memo Page 2 On July 22, 2014 the Town Board granted a fee waiver request for an amount estimated at $56,422 to the Housing Authority for development review and building permit fees associated with the Falcon Ridge project. Proposal: The Estes Park Housing Authority is requesting an additional fee waiver of $560 in development application fees for their amended plat application. Staff have added $200 for the administrative cost of processing this request (per the Community Development Department schedule of fees), bringing the total to $760. The attached letter from the Estes Park Housing Authority further describes the request. The fee waiver policy adopted by Town Board is also attached. Advantages:  Advantage for the Housing Authority: Reduces cost.  Advantage for the Town: Intergovernmental cooperation. Disadvantages:  Transfers cost from the Housing Authority to the Town.  Reduces department revenue. Fees cover a portion of the Town’s expense to process the Amended Plat application. Action Recommended: Approve or deny the fee waiver request. The Community Development/Community Services Committee reviewed this request at their September 25, 2014 meeting. At that time the Committee forwarded the request to the full Town Board without a recommendation. Budget: General Fund Revenue: Charges for Services — Application Fees - Inside Account #: 101-1600-341.30-00 ($760) $760 in reduced revenue. Fees cover a portion of the Town’s expense to process the applications. Level of Public Interest: Low for the fee waiver request. High for the project in general. Recommended Motion: I move to approve/deny the Estes Park Housing Authority fee waiver request; or Attachments: 1. Written request from the Estes Park Housing Authority. 2. Community Development Fee Waiver Policy. Town Board of Trustees11-25-2014 Development Plan approved by the Planning Commission on October 21, 2014Redesigned the complex 48 Units: 1, 2, and 3 Bedrooms: All RentalsFalcon Ridge One Bedroom: $ 351-$765Two Bedroom: $ 424-$921Three Bedroom : $ 681-$1063Will serve those who earn between 30%-60% of Area Median IncomeRents Colorado Housing & Finance AuthorityIncome Tables for 30% - 120% ofMedian Income for Larimer County 2014% of Median Income 1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person100 51,500 58,800 66,200 73,500 79,400 85,300 91,200 97,10060 30,900 35,280 39,720 44,100 47,640 51,180 54,720 58,26050 25,750 29,400 33,100 36,750 39,700 42,650 45,600 48,55040 20,600 23,520 26,480 29,400 31,760 34,120 36,480 38,84030 15,450 17,650 19,850 22,050 23,850 25,600 27,350 29,150 •Begin construction approximatelyMarch 1, 2015•Our development team states a 9month construction period•Begin leasing end of 2015-beginning of 2016•Stabilization mid year-ish 2016Timeline FinancingTax Credit Equity $ 9,658,248 Permanent Mortgage $ 2,000,000CDBG-DR $ 1,800,000Town Fee Waivers $ 56,000Federal Home Loan Bank Grant $ 675,000Total Sources $ 13,514,248Project Cost $ 14,018,000Gap $ 503,752 TOTAL PROJECT COST $ 14,018,000Water Taps $ 396,606Sewer Taps $ 426,300Total Taps $ 822,906Fees •We are asking that you consider waiving of Water Taps in the amount of $396,606Fees Other EPHA Updates•Estes Park Economic Development Council•Seasonal Housing•Land •Cleave Street Apartments: No Smoking•CAST•Vacancies The Pines•Purchased with the Town’s assistance in June2006•Borrowed $2,700,000 •Four extensions•Have sold 18 units and have 5 remaining •Today….. Questions Local Marketing District Appointments Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: November 21, 2014 RE: Local Marketing District Board Appointments Objective: To appoint two Board members to the Local Marketing District Board with the expiration of Lindsay Lamson and Chris Wood on December 31, 2014. Present Situation: Both Mr. Lamson, Town appointment and Mr. Wood, Town appointment, announced they would be seeking reappointment to the Board for an additional 4-year term. In October, an official announcement was placed in the local paper and the Town website for the appointed positions on the Board. The Town received five qualified candidates, one back out after considering the time commitment, and held interviews on November 14, 2014, with an interview panel consisting of Trustees Norris and Holcomb, and LMD Board member Bill Almond. Proposal: The interview team is recommending the reappointment of Lindsay Lamson and the appointment of Karen Ericson for 4-year terms effective January 1, 2015 and expiring on December 31, 2018. Lindsay Lamson has served one term on the Local Marketing District Board. He has owned and operated Lamson Properties Management, LLC since 1996 with real estate investments in Denver and Estes Park as well as San Diego and Palm Springs, California. He also operates Rocky Mountain Resorts that manages accommodations of approximately 200 rentals units throughout Estes Park since 2005. Mr. Lamson also holds a BS in Economics with a minor in International Studies and a MS in Management with a minor in small business administration. He states in his cover letter that he is committed to the continued evolution of Estes Park as a year-round destination through the cooperation of the LMD, Town and local business community. Karen Ericson has owned and operated the downtown business Serendipity Trading Company for the past 16 years. She holds a BS in English with a concentration in Journalism/Professional writing. She also volunteers at the front desk of the Estes Park Police department weekly, a member of the leadership team for Downtown Local Marketing District Appointments 2 Business Partners, past president of the Estes Park League of Women Voters, and served on the Board of Education in New Jersey. She stated in her cover letter that she is committed to working to both preserve and promote Estes Park. Advantages:  The positions would be filled.  The reappointment of Mr. Lamson ensures continuity on the Board.  The appointment of Mrs. Ericson would provide a voice from the downtown businesses and experience in marketing a local business. Disadvantages: If the appointments are not made, the positions would remain vacant until the positions can be re-advertised and interviews conducted. Action Recommended: Reappoint Lindsay Lamson and appoint Karen Ericson to the Local Marketing District beginning January 1, 2015 for a 4-year term expiring on December 31, 2018. Budget: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the reappointment of Lindsay Lamson and appointment of Karen Ericson to the Local Marketing District beginning January 1, 2015 for a 4-year term expiring on December 31, 2018. TOWN ADMINISTRATOR Memo To: Honorable Mayor Pinkham Board of Trustees From: Frank Lancaster, Town Administrator Date: November 25, 2014 RE: 2015 Strategic Plan and Objectives Objective: To formally adopt the inclusion of the 2015 Board objectives in the Town of Estes Park Strategic Plan Present Situation: The Town of Estes Park has adopted a strategic plan which directs our activities and use of resources, targeting the key areas the Board has identified as priorities. Each year the Board adopts annual objectives for the following year. These objectives are steps toward achieving each longer term goal and the key outcome areas identified by the Board. Proposal (including budget if applicable): That the Board adopt the 2015 Board objectives as part of the Town of Estes Park Strategic Plan Advantages:  Provides direction for the Board  Provides direction of allocation of resources  Communicates to the citizens the priorities of the Board  Communicates to the staff the priorities of the Board Disadvantages:  none Requested Action and Sample Motion: I move for the adoption of the 2015 Board of Trustees’ objectives and to incorporate these annual objectives in the Town of Estes Park Strategic Plan Level of Public Interest high     2015 Strategic Plan      VISION  The Town of Estes Park will enhance our position as a premier mountain community  MISSION  The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our  citizens, guests, and employees, while being good stewards of public resources and our natural setting.    KEY OUTCOME AREAS     Robust Economy ‐  We have a diverse, healthy year round economy   Infrastructure‐ We have reliable, efficient and up to date infrastructure serving our residents,  businesses and guests   Exceptional Guest Services ‐ We are the preferred Colorado mountain destination providing an  exceptional guest experience.   Public Safety, Health and Environment ‐  Estes Park is a safe place to live, work, and visit within  our extraordinary natural environment   Outstanding Community Services‐   Estes Park is an exceptionally vibrant, diverse, inclusive and  active mountain community in which to live, work and play, with housing available for all  segments in our community.   Governmental Services and Internal Support ‐    We provide high‐quality, reliable basic  municipal services for the benefit of our citizens, guests, and employees, while being good  stewards of public resources   Transportation ‐ We have safe, efficient and well maintained multi‐modal transportation  systems for pedestrians, vehicles and transit.    GOALS  (5‐7 YEARS )    Robust Economy   We will work to make Town codes and regulations more user friendly and easier to understand  and use, while ensuring they are effective and enforceable and support reasonable  development. We encourage the new Board of Appeals to look at our regulations and codes and  give suggestions.   The Town encourages events, activities and development that enhance a year round economy   The Town participates as a partner in Local, Regional and State Economic Development Efforts   We will encourage optimal the use of the PRPA/Town fiber infrastructure   We will review the potential redevelopment of areas affected by the FLAP grant       Infrastructure   We will continue to address parking options throughout the Town.   We will continue to pursue grants and utilize available open space funding to develop  connectivity of trails in the Estes Valley in partnership with other local entities as described in  the Estes Valley Trails Master Plan.   We will provide safe access for users to the trail system   We will upgrade the Glacier Creek Water Treatment plant to maintain redundant water  treatment.    Exceptional Guest Services   The Events Center Complex  meets the 2013 CH Johnson pro‐forma financial projections   Complete stall replacements at the Fairgrounds   Plan for future upgrades and expansion of the Conference Center    Public Safety, Health and Environment   We will maintain safe and healthy environments on Town owned properties.   We will implement projects and policies which promote sustainability, to improve the quality of  the environment.   We will investigate alternative technologies for recycling and waste management    Outstanding Community Services   We will plan and implement the celebration of the 100th Anniversary of the Town.   We will increase the capacity of the Senior Center, considering the recommendations of the  Museum and Senior Center Master Plan in coordination with the Estes Valley Recreation and  Parks District Community Center   We will increase the capacity of the Museum, considering the recommendations of the Museum  and Senior Center Master Plan including addressing the need for artifact storage facilities   We will serve as a catalyst to develop available housing solutions for all segments of our  community.    Governmental Services and Internal Support   We will ensure town finances are strong with adequate fund balances and sustainable reserves.   We will maintain a well‐trained and educated town staff.    We will implement an enterprise wide document management system   We will conduct a citizen survey biennially to measure our performance and citizen preferences    Transportation   We will continue to address downtown traffic issues   All of our Town Streets will be classified at a fair condition (~70%) or above        2015 Board Objectives (1 year time frame)       Robust Economy   Revise the sign code to be simpler and easy to understand but retaining the basic intent.   Explore with the public and downtown business partners, options for downtown improvements  and redevelopment (BID, DDA, URA, Etc.)    Coordinate with the EDC on the selection and implementation of options to provide increased  broadband access within the Estes Valley   Continue to participate in local, regional, and state economic development.  Infrastructure   Explore with the public and business partners and the Transportation Advisory Committee, the  option of paid parking in some areas    Start construction of the Visitor's Center parking structure   Complete repairs to utilities due to flood damage.   Make specific implementation decisions for the improvement or replacement of the Glacier  Creek Treatment plan   Complete the environmental studies required for the extension of the Fall River Trail using the  Paul Sarbanes Grant    Repair trails damaged during the flood, utilizing Larimer County open space $ for our match  portion of the funding    Start planning for the use of the Trail sales tax dollars    Develop a sustainable funding plan for facility maintenance     Exceptional Guest Services   Implement the newly adopted strategy for evaluating, recruiting and retaining special events in  the Town, including a strategy for events   Repair the roof at the Conference Center       Public Safety, Health and Environment   Work to restore the streams damaged by the flood and to redefine the flood plains within Town  boundaries.   Complete the mitigation work at the Elm Road Landfill   Continue the program to provide bear resistant trash and recycling receptacles   Consider adopting the dangerous buildings and building maintenance sections of the  International Building Code      Outstanding Community Services   Update the comprehensive plan   Revise the sign code to be simpler and easy to understand but retaining the basic intent.   Define the housing needs and identify potential plans for action.  o Complete an updated housing needs study of the Estes Valley     Develop and adopt a policy for accepting public art, memorials and donations    Continue to work with the Estes Valley Recreation and Parks District and the other partners in  the Community Center, to develop and build the Community Center, including the Senior Center     Participate with Rocky Mountain National Park in their 100th Anniversary in 2015    Form a Centennial Celebration Committee    Governmental Services and Internal Support   Implement the capital planning process.   Complete the revision and updating of Board and Administrative town policies.    Transportation   Evaluate and prioritize implementation of Transportation Visioning Committee signage  recommendations   Complete the flood damage repairs to the Fish Creek corridor.   Complete the flood damage repairs to other Town roads.   Complete preventative maintenance activities on Town roads, as adequate funds become  available.   Adopt a plan for utilization of the new sales tax funds for street improvements    Include bike/pedestrian lanes wherever possible along with the street improvements   Complete the reconstruction of Dry Gulch   Begin the Downtown Loop  Project, starting with the NEPA process and public outreach  The Town of Estes Park will enhance our position as a premier mountain community . Robust Economy We have a diverse, healthy year roundeconomy We will work to make Town codes and regulations more user friendly and easier to understand and use, while ensuring they are effective and enforceable and support reasonable development. We encourage the Board of Appeals to look at our regulations and codes and give suggestions. Continue revising regulations and codes, making them easier to understand and use, including making it easier for citizens to find all the codes, regulations and rules that are applicable to their particular projects Modernization of the layout and readability of the development code Insure the development code is easier to use by existing and potential businesses Revise the sign code to be simpler and easy to understand but retaining the basic intent. The Town encourages events, activities redevelopment and development that enhances a year round economy Explore with the public and downtown business partners, options for downtown improvements and redevelopment (BID, DDA, URA, Etc.) We will review the potential redevelopment of areas affected by the FLAP grant We will encourage optimal the use of the PRPA/Town fiber infrastructure Coordinate with the EDC on the selection and implementation of options to provide increased broadband access within the Estes Valley The Town participates as a partner in State, Regional and Local Economic Development efforts Continue to participate in county, regional, and state economic planning. Participation in Estes Economic Development Corporation Participation in NCEDC Consider the recommendations from the ULI Resiliency study and the DCI study results Infrastructure We have reliable, efficient and up todate infrastructure serving ourresidents, businesses and guests Trails and sidewalks We will provide safe access for users to the trail system We will continue to pursue grants and utilize available open space funding to develop connectivity of trails in the Estes Valley in partnership with other local entities as described in the Estes Valley Trails Master Plan. Complete the environmental studies required for the extension of the Fall River Trail using the Paul Sarbanes Grant Fall River Trail Grant Leverage flood recovery monies available for trails Start planning for the use of the Trail sales tax dollars Repair trails damaged during the flood, utilizing Larimer County open space $ for our match portion of the funding Parking lots and transportation hubs We will continue to address parking options throughout the Town. Explore with the public and business partners and the Transportation Advisory Committee, the option of paid parking in some areas Start construction of the Visitor's Center parking structure Visitor Center Parking Structure Maintain existing parking lots Utilities Water Distribution maintenance Complete repairs to utilities due to flood damage. improvements Evaluate future raw water needs and supply Treatment We will upgrade the Glacier Creek Water Treatment plant to maintain redundant water treatment. Make specific implementation decisions for the improvement or replacement of the Glacier Creek Treatment plan L ig h t a n d P o w e r Maintenance of Distribution System Complete repairs to utilities due to flood damage. System Improvements Street light maintenance Fiber Optics (coordinated with PRPA) Facilities and Real Property Building Maintenance and repairs Develop sustainable funding plan for facility maintenance Actively manage the Town's Real Property Custodial Services Building Improvements Exceptional Guest Services We are the preferred Colorado mountain destination providing an exceptional guest experience. Special Events Fairgrounds Continue Redevelopment of Stanley Park The Events Center Complex will meet the 2013 CH Johnsonpro-forma financial projections Complete stall replacements at the Fairgrounds Events Town Sponsored events Event Permitting Implement the newly adopted strategy for evaluating, recruiting and retaining special events in the Town, including a strategy for events Events Coordination Marketing Marketing of Fairgrounds/ Events Center Complex Conference Center Marketing Visitors Center Call in assistance for guests Assist walk in guests Coordination of Ambassadors Program Create and distribute information material Retail sales of limited materials Conference Center Future upgrades and expansion of the Conference center Repair the roof at the Conference Center Public Safety, Health and Environment Estes Park is a safe place to live, work, and visit within our extraordinary natural environment Patrol Community Services Officers Investigations Auxiliary and volunteers Emergency Management Business continuity Planning Dispatch Criminal Justice Records Support of the Estes Valley Fire Protection District We will implement projects and policies which promote sustainability, to improve the quality of the environment. We will maintain safe and healthy environments on Town owned properties Playgrounds Man-made hazards Natural Hazards Wildlife Restorative Justice Mediation Program Municipal Court Provide Fair and impartial application of Town codes sentencing of offenders Certification of municipal election results Swear in Town Officials Waste Management and Recycling Continue the program to provide bear resistant trash and recycling receptacles. Complete the mitigation work at the Elm Road Landfill We will nvestigate alternative technologies for recycling and waste management. Look into bio-waste digester system used at the USAF Academy Code Compliance Building Safety Consider adopting the dangerous buildings and building maintenance sections of the International Building Code Flood Plain Management Work to restore the streams damaged by the flood and to redefine the flood plains within Town boundaries. Addressing Outstanding Community Services Estes Park is an exceptionally vibrant, diverse, inclusive and active mountain community in which to live, work and play with housing available for all segments in our community. Senior Center and Museum Museum Museum operations Facility rental and meeting space Hydro plant operation Senior Center Meal Services Meals on Wheels Take out meals on-site dining Programing and Recreational opportunities Facility rental and meeting space We will increase the capacity of the Senior Center, considering the recommendations of the Museum and Senior Center Master Plan in coordination with the Estes Valley Recreation and Parks District Community Center We will plan and implement the celebration of the 100th Anniversary of the Town. Form a Centennial Celebration Committee Parks Streetscapes and Landscaping FlowersAmerica in Bloom Irrigation Christmas Tree Drop Riverwalk maintenance Sculptures, public art, and donationsDevelop and adopt a policy for accepting public art, memorials and donations Arboriculture programs Turf maintenance and weed control Park Maintenance Park improvementsDevelop and adopt a policy for accepting public art, memorials and donations Holiday Decorations We will serve as a catalyst to develop available housing solutions for all segments of our community. Define the housing needs and identify potential plans for action. Complete an updated housing needs study of the Estes Valley Workforce housing Support for the EPHA Seasonal Housing Childcare services Community Center Continue to work with the Estes Valley Recreation and Parks District and the other partners in the Community Center, to develop and build the Community Center, including the Senior Center Planning and Land use Long Range Master Planning We will work to make Town codes and regulations more user friendly and easier to understand and use, while ensuring they are effective and enforceable and support reasonable development. We encourage the Board of Appeals to look at our regulations and codes and give suggestions. Continue revising regulations and codes, making them easier to understand and use, including making it easier for citizens to find all the codes, regulations and rules that are applicable to their particular projects Modernization of the layout and readability of the development code Insure the development code is easier to use by existing and potential businesses Revise the sign code to be simpler and easy to understand but retaining the basic intent. Current Planning Sign Code Compliance Community GrantsSupport to other entities Competitive Community Grants Participate with Rocky Mountain National Park in celebrating their 100th Anniversary Governmental Services and Internal Support We provide high-quality, reliable basic municipal services for the benefit of our citizens, guests, and employees, while being good stewards of public resources Finance Accounts Payable Utility Billing Investments Accounting/CAFR Fiduciary FundsFOSH Funds Budget PreparationImplement the capital planning process. Grant Compliance Town "Front Desk" reception Information Technology PC Support Network support GIS Telephone Support Town Clerk Records ManagementWe will implement an enterprise wide document management system Liquor Licensing Business Licensing Clerk to the Board Codification of codes support for Trustees Maintain Policies and Procedures Human Resources Payroll TrainingWe will maintain a well trained and educated town staff. BenefitsMedical Self Insurance Purchased Benefits Recruitment and classification discipline/ personnel issues Board of Trustees and Mayor Town Administration Strategic planning We will conduct a citizen survey biennially to measure our performance and citizen preferences Operational Oversight Preparation and monitoring of the budget Complete the revision and updating of Board and Administrative town policies. Public Information Programs Community relations Intergovernmental Relations Support for Trustees and Mayor Risk Management Fleet Maintenance We will ensure Town Finances are strong with adequate fund balance and sustainable reserves. Continue process improvement to Straighten the pipes, faster, better, cheaper Transportation - We have safe, efficient and well maintained multi-modal transportation systems for pedestrians,vehicles and transit We will continue to address thedowntown traffic issues. Begin the Downtown Project, starting with the NEPA process and public outreach StreetsAll Town Streets are classified at a fair condition (~70%) or aboveStreet maintenance Maintain streets at the minimum standardCrack seal Chip seal Complete preventative maintenance activities on Town roads, as adequate funds become available. Striping Sweeping Complete the reconstruction of Dry Gulch Road Snow Removal Adopt a plan for utilization of the new sales tax funds for street improvements Incorporate safety considerations with the school district transportation routes and plans Correcting Street Condition, bringing all roads up to the minimum standard Include bike/ped lanes wherever possible along with the street improvements Street improvements Ease of mobility for residents and guests throughout the town and specifically to the core downtown area and access to RMNP Transit ServicesRMNP Shuttle Services Shuttle Services Evaluate and prioritize implementation of Transportation Visioning Committee signage recommendations Signs and Wayfindingco o rd in a t e w it h C DO T Flood RecoveryComplete the flood damage repairs to the Fish Creek corridor. Mission The Mission of the Town of Estes Park is to provide high-quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. 5 year goals 2015 ObjectiveOutcome Area Capital Projects Programs 2015 STRATEGY MAP 2015 strategy map.mmap - 11/20/2014 - Mindjet FINANCE DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland, Finance Officer Date: November 25, 2014 RE: Public Hearing – 2015 Budget Adoption Objective: The purpose of this memo is to seek approval for the 2015 Budget and its accompanying Resolutions. Present Situation: The following pages contain the necessary documents to adopt the 2015 Budget. 1. Highway Users Trust Fund Public Hearing document – Colorado budget law requires a public hearing be conducted to discuss how Highway Users Trust Fund revenues are forecasted to be expended in the proposed budget year. 2. Resolution to Set Mill Levies – The resolution to set the Mill Levy is required in order for the Town to be able to levy and collect property taxes. The calculation on the Mill Levy is derived from document DLG-57 (Certification of Valuation by Larimer County Assessor). A preliminary DLG-57 is issued in late August each year, with the final DLG-57 issued at the end of November/beginning of December. There is not usually a material difference between the preliminary and actual DLG-57s. The attached Mill Levy is calculated using the August DLG-57. If staff receives the final DLG-57 between now and Tuesday November 25th, staff will correct this resolution before the Board meeting. For 2015, the Mill Levy will be 1.822 (identical to 2014), resulting in $315,763 to be collected on $173,305,830 in net assessed property value. This is a decrease from last year of $5,286,190 (~3.0%) in next assess property value, with a corresponding loss of nearly $11,000 in property taxes. Total taxable assessed valuation has declined 7% in the past two years. 3. Resolution to Adopt Budget – The resolution to adopt the budget is supported by a spreadsheet summarizing the proposed revenues and expenditures for the 2015 Budget. Changes from the November 11th, 2014 budget hearing include: a. Staff has identified several market study adjustments (personnel pay rates) that had not yet been adjusted. The overall impact is minimal (not material). b. As previously stated, staff is waiting on the final (usually issued the last week of November) Certificate of Valuation by the Larimer County Assessor, which provides information needed to calculate the collectable property taxes. In lieu of this information, staff has tentative numbers that result in a calculation (~$315,000) that is less than the original 2015 Budget estimate (~$358,000) that was reviewed in October. The decrease is the result of a decrease in total taxable assessed valuation from 2013 to 2014 (presumably flood- related). 4. Resolution to Appropriate Sums of Money – Once expenditures are approved in #3, it then becomes necessary to state from where the revenues originate to support said budget. This resolution lists the expenditure categories by fund, and states that the revenues/resources within each fund are sufficient to support the expenditure levels. Proposal: Staff is seeking approval of the 2015 Budget and its accompanying Resolutions. Advantages: The Town will be able to operate within the framework of financial compliance as per the State Auditor and County Treasurer’s Offices. Disadvantages: The disadvantage to not approving a Budget for 2015 is that the Town would be in violation of State budgetary laws, and the County Treasurer could withhold the Town’s property tax revenues. Action Recommended: Staff recommends approval of the 2015 Budget and its accompanying Resolutions. Budget: The entire 2015 Budget is affected/implemented with approval. Level of Public Interest Various sections of the 2015 Budget are probably of moderate to significant interest to different organizations and citizens. Sample Motion: The resolutions can be adopted simultaneously. “I recommend approval of Resolutions __-14 to set the Mill Levy, __-14 to Adopt the Budget, and __-14 to Appropriate Sums of Money.” Attachments: The previously cited Resolutions are attached. Page 1 FINANCE Memo         To:  Honorable Mayor Pinkham, Board of Trustees, Town Administrator Lancaster    From:    Steve McFarland – Finance Officer    Date:    November 25, 2014    RE:     Public Hearing – 2015 Budget – Adoption ‐ Highway Users Trust Fund       Background  Colorado budget law requires a public hearing be conducted to discuss how the Highway Users  Trust Fund revenues are proposed to be expended in the ensuing fiscal year.  The following are  the proposals that are included in the 2015 Town of Estes Park budget:                  2015    1. Estimated Revenues:    $259,377    2. Estimated Expenditures:  a. Street Improvement Plan  $435,000  b. Curb, gutter, sidewalk, guardrail,   Snow removal, plow blades        97,191  c. Vehicles/equipment usage     150,000  d. Traffic control              5,000                                                                                                 $687,191        Expenditures for snow plowing, street maintenance, or any other expenditures directly related  to streets are allowable uses of Trust Fund revenue in the event that any of the above‐listed  projects are not constructed or come in considerably less than budget.    RESOLUTION NO. 29-14 A RESOLUTION LEVYING PROPERTY TAXES FOR THE YEAR 2014 TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE TOWN OF ESTES PARK, COLORADO FOR THE 2015 BUDGET YEAR. WHEREAS, the Board of Trustees of the Town of Estes Park will adopt the annual budget in accordance with the Local Government Budget Law on November 25th, 2014; and WHEREAS, the amount of money necessary to balance the budget for general operating expense is $315,763; and WHEREAS, the preliminary net valuation for assessment for the Town of Estes Park as certified by the County Assessor is $173,305,830. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That for the purpose meeting all general operating expenses of the Town of Estes Park during the 2015 budget year, there is hereby levied a tax of 1.822 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 2014. That the Town Clerk is herby authorized and directed to immediately certify to the County Commissioners of Larimer County, Colorado, the mill levies for the Town of Estes Park as hereinabove determined and set. ADOPTED this 25th day of November, 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk RESOLUTION NO. 30-14 A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUE FOR EACH FUND, AND ADOPTING A BUDGET FOR THE TOWN OF ESTES PARK, COLORADO FOR THE BUDGET YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2015, AND ENDING ON THE LAST DAY OF DECEMBER, 2015. WHEREAS, the Board of Trustees of the Town of Estes Park has appointed Frank Lancaster, Town Administrator, to prepare and submit a proposed budget to the Governing Body at the proper time; and WHEREAS, upon due and proper notice, published in accordance with the law, said proposed budget was open for inspection by the public at a designated place, a public hearings were held on November 11th, 2014 and November 25th, 2014, and interested taxpayers were given the opportunity to file or register any objections to the proposed budget; and WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues so that the budget remains in balance, as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: That the attached budget, as submitted, and summarized by fund, is hereby approved and adopted as the budget of the Town of Estes Park, Colorado, for the fiscal year ending December 31, 2015, and shall be signed by the Mayor and Town Clerk and made a part of the public records of the Town of Estes Park. ADOPTED this 25th day of November, 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Community Conservation Open Emergency CommunityGeneral Reinvestment Trust Space Response Center TrailsFund # 101 204 211 220 236 238 244RESOURCES  Unappropriated Surpluses (est) $4,459,402 $5,642,468 $39,748 $282,114 $10,739 $331,425 $165,713  Revenue sources 11,940,369 389,709 32,500 290,500 52,553 525,525 262,763  Transfers In 1,587,290 520,000 0 0 0 0 0  Property Taxes (not incl above) 315,763 0 0 0 0 0 0Total Revenues 13,843,422 909,709 32,500 290,500 52,553 525,525 262,763EXPENDITURES  Current Operating Expense 13,589,197 5,000 66,936 40,460 30,000 0 0  Capital Outlay 15,000 1,691,150 0 500,000 0 0 0  Transfers Out 955,000 0 0 0 30,000 0 0  Debt Service 0 518,632 0 0 0 0 0Total 14,559,197 2,214,782 66,936 540,460 60,000 0 0  TABOR/CRF set aside 436,776 200,000  Remaining Surplus $3,306,851 $4,137,395 $5,312 $32,154 $3,292 $856,950 $428,476Light & Medical Information VehicleStreets Power Water Insurance Fleet Systems Replacement TheaterFund # 260 502 503 606 612 625 635 716RESOURCES  Unappropriated Surpluses (est) $1,566,948 $8,357,133 $2,676,426 $561,573 $186,477 $431,376 $2,523,278 $458,453  Revenue sources 1,261,260 14,428,662 4,236,253 2,410,750 301,000 559,427 608,821 600  Transfers In 435,000 0 0 0 0 0 0 0  Property Taxes (not incl above) 0 0 0 0 0 0 0 0Total 1,696,260 14,428,662 4,236,253 2,410,750 301,000 559,427 608,821 600EXPENDITURESCurrent Operating Expense 1,299,064 $12,859,389 $3,270,299 $2,406,250 $393,291 $599,033 $0 $0Capital Outlay 1,600,000 3,497,000 1,113,150 0 20,000 0 765,752 0Transfers Out 0 1,369,127 188,163 0 0 0 0 0Debt Service 0 449,763 404,890 0 0 0 0 0  Tabor Reserve change 0 0 0 0 0 0 0 0Total 2,899,064 $18,175,279 $4,976,502 $2,406,250 $413,291 $599,033 $765,752 $0  Remaining Surplus $364,144 $4,610,516 $1,936,177 $566,073 $74,186 $391,770 $2,366,347 $459,053FUND LISTING FOR ADOPTING BUDGET (SUMMARIZING REVENUES AND EXPENDITURES) FOR EACH FUND FOR 2015 RESOLUTION NO. 31-14 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 2015, AND ENDING ON THE LAST DAY OF DECEMBER 2015. 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 25, 2014; and WHEREAS, over the course of the fiscal year ending December 31, 2015, 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 the following attached sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated. ADOPTED this 25th day of November, 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk LarimerCountyCommunity Conservation Open Emergency CommunityGeneral ReinvestmentTrust Space Response CenterTrailsFund # 101 204 211 220 236 238 244Operating Expenses$13,589,197 $5,000 $66,936 $40,460 $30,000 $0 $0Capital Outlay15,000 1,691,150 0 500,000 0 0 0Transfers Out955,000 0 0 0 30,000 0 0Debt Service 0 518,632 00000Total $14,559,197 $2,214,782 $66,936 $540,460 $60,000 $0 $0Light & Medical Information VehicleStreets Power Water Insurance Fleet Systems ReplacementTheaterFund # 260 502 503 606 612 625 635 716Operating Expenses$1,299,064 $12,859,389 $3,270,299 $2,406,250 $393,291 $599,033 $0 $0Capital Outlay1,600,000 3,497,000 1,113,150 0 20,000 0 765,752 0Transfers Out0 1,369,127 188,16300000Debt Service 0 449,763 404,89000000Total $2,899,064 $18,175,279 $4,976,502 $2,406,250 $413,291 $599,033 $765,752 $0FUND LISTING FOR APPROPRIATING SUMS OF MONEY FOR 2015 BUDGET PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Kevin Ash, PE, Public Works Engineer Greg Muhonen, PE, Public Works Director Date: November 25, 2014 RE: Retaining Wall Replacement – 215 Virginia Drive (Bristlecone Inn) Objective: Repair the 100 year old damaged rock wall along the Bristlecone Inn property. Present Situation: As a result of the September 2013 flood, 25’ of the rock wall along the Bristlecone Inn property collapsed. Initially this was assumed to be a private property issue, but survey documentation shows this rock wall exists in the public right-of-way of Virginia Drive. Public Works prepared a FEMA Worksheet to request assistance with this repair, however this request was denied by FEMA. Because there was not a structural component to this rock retaining wall, FEMA Engineers considered this nothing more than a stacked rock landscaping feature. Currently, Public Works Parks Division has cleaned up the debris on the sidewalk and stacked the rocks on the property. On April 10th, 2014 Public Works presented 3 repair options to the Public Safety, Utilities & Public Works Committee. The Committee directed staff to proceed with replacement of the entire retaining wall with a $75,000 budget. This was then approved at the April 22, 2014 Town Board Meeting as a Consent Item. Design documents were prepared and approved by Public Works. The project was advertised for 2 weeks locally in the Estes Park Trail Gazette and on the Town website. The following 2 bids were received: Osmun Construction Colt & Steel Corporation Steamboat Springs, Colorado Denver, Colorado $57,921.70 $174,285.00 Osmun has a local presence and the necessary construction equipment mobilized in Town. Proposal: The Public Works project included design documents for the following scope: Remove the entire 75’ of existing rock wall and replace with a structural engineered block retaining wall. Repair all fencing, irrigation and landscaping. The approved retaining wall design is a Redi-Rock gravity wall system. Massive size concrete blocks (2400 lbs to 3300 lbs) interlock with a knob and groove technology. This interlocking connection between the blocks allows the wall to hold back the earth as a single structure and therefore hold up to a stronger force. This system allows taller structural walls to be built with less land, less construction time and less cost. Redi- Rock blocks come in 3 styles – Ledgestone, Cobblestone and Limestone. Ledgestone was the selected style due to having a color, look and texture that matched the local region. The contract is our standard Town construction contract. It includes a schedule that requires the project to be substantially complete in 20 days from the Notice to Proceed. Public Works will manage the project in-house. Action Recommended by Staff: Public Works recommends award of the contract to Osmun Inc., and recommends proceeding with construction this year. Construction of this retaining wall project is not impacted by the winter weather and can be done during the off-tourist season. Budget: $75,000 was approved at the April 10, 2014 Town Board meeting and appropriated with the mid-year adjustment of the 2014 budget. This project is categorized under line item 101-3100-431-25-52 (Walkways/Bikeways). Level of Public Interest This repair has a direct impact to pedestrian public safety and the Bristlecone Inn business. Sample Motion I move for the approval/denial of awarding the construction contract for Retaining Wall Replacement – 215 Virginia Drive to Osmun Inc., in the amount of $57,921.70. Attachments: Attached with this memo are sample material pictures and the FEMA Project Worksheet. UTILITIES DEPARTMENT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Reuben Bergsten, Utilities Director Date: November 25, 2014 RE: Resolution #32-14 Extending Waiver of Utility Monthly Base/Minimum Charges for 2013 Flood Victims with Homes and Businesses Rendered Uninhabitable Objective: To extend the temporary suspension/waiver of utility monthly base/minimum charges to assist victims of the 2013 flood who have had structures destroyed or damaged resulting in the temporary loss of utility service. Present Situation: On November 12, 2013 Resolution #32-13 was passed granting temporary suspension of fixed monthly minimum utility charges for customers who were victims of the 2013 flood who had personal disaster resulting in homes being destroyed or heavily damaged and temporary loss of utility service. Resolution #32-13 has expired and there still remains a number of customers who have not been able to rebuild as yet. The Utilities Department has been asked to consider continuing this suspension. Proposal: Proposed Resolution #32-14 has been written to extend the suspension of the monthly minimum charges for the structures destroyed or are unsafe due to the flood and we are unable to provide the utility service. The waiver would be retroactive to October 1, 2014, and will be in effect for up to four (4) years, i.e. October 1, 2018, or when service is in use, whichever comes first. Advantages: This will continue to provide economic relief to people in need. Disadvantages: None. Action Recommended: Staff recommends Town Board pass the attached resolution extending the suspension of utility monthly base/minimum charges for victims of the 2013 flood. Budget: Minimal. Level of Public Interest This action will have an isolated impact. Sample Motion: I move for the approval/denial of Resolution #32-14, waiving monthly minimum utility charges for these specified customers. RESOLUTION NO. 32-14 A RESOLUTION EXTENDING THE SUSPENSION OF UTILITY FEES FOR 2013 FLOOD VICTIMS WITH HOMES AND BUSINESSES WITHOUT ELECTRIC OR WATER SERVICE WHEREAS, in September 2013, severe flooding in the service areas of the Town’s Light & Power and Water Enterprises damaged public and private property and the Town’s utility distribution systems; and WHEREAS, some homes and businesses were destroyed or damaged and their electric and/or water service is unavailable; and WHEREAS, pursuant to the Town’s utility rates, all customers are required to pay minimum monthly utility fees; and WHEREAS, the Board of Trustees serves as the Board of Directors for the Town’s two utilities and has the authority to modify electric and water charges under special circumstances; and WHEREAS, on November 12, 2013, Resolution #32-13 was passed granting temporary suspension of fixed monthly minimum utility charges for a period of one year, from October 1, 2013 to October 1, 2014; and WHEREAS, the Town Board of Trustees wishes to extend the suspension of monthly minimum charges for utilities as provided in this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK as follows: 1. The monthly minimum charges for water and electricity for Town customers shall be further suspended under the following circumstances: a) Any customer whose structure was destroyed or is unsafe, and their electric or water service is currently suspended due to the service being unavailable from the Town. 2. These customers shall be required to provide written notice to the Town of the restoration of utility service. 1 3. The suspension of the minimum charges shall be retroactive to October 1, 2014, and shall be effective until October 1, 2018, or until the utility service is restored, whichever first occurs. Dated this _____day of _____________, 2014. Mayor ATTEST: Town Clerk 2 Memo Community Services To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Bo Winslow, Director of Community Services Date: November 25, 2014 RE: Rooftop Rodeo Stock Agreement Objective: Approve agreement with Cervi Championship Rodeo. Present Situation: Current agreement with Powder River Rodeo has expired and needed to be bid out. Proposal: Bids were sent to 8 different PRCA Stock Contractors that have the capability to produce a rodeo the size and caliber of the Rooftop Rodeo. Three contractors responded with proposal, Powder River Rodeo, Carr Pro Rodeo and Cervi Championship Rodeo. The other contractors that bids were sent to were either unable to produce a rodeo during the timeframe requested or did not send a response back. Bids were evaluated on the following criteria by staff and Western Heritage:  Contractor Experience – evaluated based on list of rodeos currently under production as well as references given by other rodeo committees  Stock Quality – evaluated based on stock selected for NFR, Circuit finals as well as what has been seen at other rodeos and through video presentation  Ability to work within the team concept – evaluated based on presentations given to committee and observations at other rodeos  Fees  New ideas to continue to make Rooftop Rodeo the best – evaluated based on realistic ideas that the contractor brings to the Town to both fill the seats and bring the contestants. Advantages:  New contractor brings new ideas and energy o Cervi is planning a tour that would include Evergreen CO, West Jordan Utah and Estes Park where contestants would have to compete at all three rodeos to qualify for additional prizes o Cervi plans on bringing contestants to fill spots that go empty, hence a full show for the guest  Fee – Cervi charges a fee that is less than what has been paid in the past. (Cervi is also low bid)  Contract Personnel – Cervi offers an option to continue with some of our same key personnel  Cervi is a leader in the industry – producing some of the largest rodeos in the nation in Houston and the National Western in Denver. Cevi brings in sub-contractors from the Calgary Stampede, Burch Rodeo, J bar J, and Frontier Rodeo; most of whom received bid packets  Cervi owns over 650 bucking horses and 115 bulls making them one of the largest rodeo stock companies in the Nation Staff and Western Heritage feels as though Cervi offers a show that can take the rodeo into the future by addressing issues from the past and bringing in new ideas that are cutting edge and thoughtful of all involved. Disadvantages:  This is a change after 23 years with the same contractor, however staff and Western Heritage feels as though we are at a perfect time to change and keep moving forward  Things will be different, however staff feels comfortable with the selection and has seen many Cervi Rodeos and is confident the transition will be seamless. Action Recommended: Staff is looking for approval of the agreement as presented. Staff will be at the PRCA Tradeshow next week to move forward with meetings in regards to new opportunities with this contractor and approval of the contract is an important piece of this. Staff will work through the details of the contract with Cervi and the contract amount shall not exceed what is included in the agreement. Budget: This money is budgeted in the 2015 budget and will come from the General Fund Account 101-5500-455.29-18. Level of Public Interest Minimal public interest Sample Motion: I move for the approval/denial of the agreement with Cervi Championship Rodeo as presented. Attachments: Attachment A: RFP Attachment B: Town/Cervi Championship Rodeo Agreement 1 Attachment A REQUEST FOR PROPOSALS Stock Contractor for Rooftop Rodeo, Estes Park, CO October 14, 2014 Background The Town of Estes Park, Colorado holds an annual PRCA rodeo every July – The Rooftop Rodeo. The Rooftop Rodeo is an award winning rodeo winning honors of Best Small PRCA Rodeo multiple years and has been nominated in the top 5 as Best Medium PRCA Rodeo. The Rooftop Rodeo is a small town rodeo with at big town feel. The rodeo fans come from all over the world with many attending a rodeo for the first time. The rodeo provides an exceptional guest experience and is family focused. The Rooftop Rodeo is requesting bids for its 2015, 2016 and 2017 PRCA Rodeo. There will be an option for 2 more years with a positive evaluation by both Town (Community Services Director/Fairground Manager) and Contractor. The Town is required per policy to bid this contract out. Intent To provide top quality livestock and sufficient numbers for a six (6) performance rodeo and slack. There are many other rodeos taking place during this same time frame that are within travel distance. It is the Towns goal to have the best quality stock possible in order to draw the best contestants - in turn having less turnouts and a higher quality show. Contractor must be able to plan for growth with this rodeo. Added money is currently 5K per event, paying both TR. Town is looking to increase purse as well as highlight SB and BB. The Town intends to stay in Medium size category for duration of proposed contract. The Town is looking to be the best medium size rodeo in the business. To do this will require top quality stock and personnel to work with. Dates Tuesday, July 7 – Sunday, July 12, 2015 Tuesday, July 12 – Sunday, July 17, 2016 Tuesday, July 11 – Sunday, July 16, 2017 The Town reserves the right to award the contract to the contractor who demonstrates they will best serve the needs of the Town based on fees, quality of stock and contract personnel and fit for the community. 2 Scope of Services I. Primary Contractor and Sub Contractor a. Resume b. Awards – last 3 years c. List of rodeos and dates currently under contract d. Contractor shall follow all rules set forth by PRCA and Town e. List any other options you wish to bring to rodeo not included in RFP. II. Stock a. Must have sufficient livestock numbers for seventy-two (72) minimum entries in both BB and SB. Ninety (90) minimum entries in BR. Timed event cattle-must have sufficient numbers to accommodate entries. (2009 numbers – seventy-four (74) SW, ninety-two (92) TR and ninety (90) TD) b. Must provide list of all sub-contractors c. Contractor must provide the following: 1. History/Bio of all rough stock in herd - both primary contractor and any subs. Please include a description of each stock’s NFR and Circuit Finals qualifications. 2. Supply list of stock scheduled to perform at Rooftop Rodeo each year by Jan 1 i. Contractor will also provide a sub/alternate list in the event of an injury. 3. Town shall work with contractor to make sure best quality stock is being supplied. Town can request stock be removed from supply list within 90 days of 1st performance. d. Stock can arrive 12:00 noon on Sunday prior to 1st perf. and must be out by noon on Monday after last perf. Any deviation from this can be discussed and changes will only be made if approved in advance. III. Personnel a. Must provide the following personnel with top accreditation. Please submit resumes for each person below. If unknown at time of bid, please list proposed candidates. (Town shall approve all) 1. Announcer 2. Two timers 3. Rodeo secretary 4. Two bullfighters 5. Two pickup men 6. Sound Technician and music with full sound system – Sound Technician must use house sound system (speakers) and will also supplement with own system as approved by Town. 7. Specialty Act/clown – must be politically correct and family friendly 8. Back pen labor –(Resume not needed) b. Town provides gate, stripping chute, and cattle loading personnel. 3 IV. Production a. Contractor must be present at each performance unless approved otherwise by Town. b. Contractor is responsible for PRCA events conducted in the arena. c. Town shall provide conveyance for animal removal and can assist as needed. d. Production meetings shall be held each afternoon before performance. Meeting shall be run by Town with Town having final say on production. PRCA rules and bylaws shall be followed in all circumstances. e. Contractor provides all necessary equipment, flags, banners, electric eye, chute equipment, halters, flanks, etc. to produce a top quality performance. f. Contractor must work with Royalty Coordinator in regards to how royalty is a part of rodeo. (any disputes will be resolved by the Town) V. Insurance a. Contractor shall provide comprehensive general liability insurance with minimum policy limits of One Million and 00/100 Dollars ($1,000,000) for each occurrence and One Million and 00/100 Dollars ($1,000,000) aggregate. The Policy shall include coverage for contractual employee’s acts), contractual and independent contractors. The Town of Estes Park shall be named as additional insured on this policy. VI. Proposal Content a. Proposal should be “all inclusive” and/or broken out. In the past we have had an all- inclusive agreement and would like to look at that again as well as have it broken out if the Town decides to start contracting some of their own production. So with that said, send a proposal that is the entire production and also include one that is just the stock, pickup men and bullfighters. b. In either situation the Town would look at a per animal fee on timed event cattle. With cattle prices changing and entries unknown, the Town feels this to be the best way to bid this. 1. Bid per animal needed for rodeo i. This can be adjusted each year with cattle prices fluctuating. a. Please specify your intentions with this. 4 Proposals must be received by mail no later than noon on November 14, 2014. Proposals will be opened at 1:00 on November 14, 2014. Please submit proposals to: Bo Winslow Director of Community Services P.O. Box 1967 Estes Park, CO 80517 Direct all questions concerning this request to: Bo Winslow Director of Community Services Town of Estes Park 970-586-6104 Proposals will be evaluated based on experience, stock quality, fees and ability to work within the team concept. The Town reserves the right to reject any or all proposals. The Town will notify all contractors of proposed successful candidate by November 21, 2014, with Town Board approval by next available Town Board meeting. Please use attached bid sheet.             AGREEMENT THIS AGREEMENT, made and entered into this 25th day of November, 2014 between the TOWN OF ESTES PARK, a Colorado Municipal Corporation, hereinafter referred to as "Town" and Cervi Championship Rodeo hereinafter referred to as "Cervi". WITNESSETH: 1. Cervi shall produce for Town a rodeo as further described on Attachment A, incorporated herein by this reference, to include six (6) performances and slack, commencing on the 7th day of July, 2015 at The Fairgrounds at Stanley Park, Estes Park, Colorado. Performances shall be as follows: No. of Shows Dates Time 1 July 7, 2015 7:30 P.M. 1 July 8, 2015 7:30 P.M. 1 July 9, 2015 7:30 P.M. 1 July 10, 2015 7:30 P.M. 1 July 11, 2015 7:30 P.M. 1 July 12, 2015 7:30 P.M. Cervi shall also produce a rodeo to include six (6) performances in July of 2016 and 2017 under the terms and conditions of this Agreement pending budget appropriation by Town Board. The Town shall notify Cervi on or before October 1, 2015 of the specific dates and times for the 2016 performances and on or before October 1, 2016 of the specific dates and times for the 2017 performances. The Town shall have the option to extend this Agreement for an additional two (2) years (2018 & 2019). The Town shall exercise its option to extend this Agreement for 2018 & 2019 by giving Cervi written notice by October 1, 2017. 2. Cervi shall furnish all supervision, quality stock, personnel and equipment necessary for the seven (7) major rodeo events, including but not in limitation thereof the following: pickup men, timekeepers, arena directors, rodeo equipment, arena secretary, announcer, sound person and sound equipment, arena and chute help, rodeo music, 2 bullfighters, and a specialty act to also perform as the barrel man. The Town shall furnish chutes, rodeo grounds, and approved PRCA Rodeo Judges. All personnel and equipment shall be subject to the approval of Town and the Professional Rodeo Cowboy's Association, Colorado Springs, Colorado, and shall comply with said Association's rules and regulations. Rodeo agrees that quality stock shall be stock of the same quality and condition of stock provided at other rodeos in the Mountain States Circuit during the term of this Agreement. 3. It is agreed by Cervi that Binion Cervi or Chase Cervi shall be in attendance for all six performances, including slack. 4. Town shall deliver to Cervi, one day prior to the start of the first performance, prize money which is to be disbursed by Cervi. Prize money in 2015 shall be $40,000 which is $5,000 per event (paying both Team Ropers). Cervi shall collect all the Contestants entry fees. All prize money agreements are to be subject to the approval of said Professional Rodeo Cowboys Association. In the event that the number of shows are increased or decreased by the Town, the amount of prize money shall be adjusted on a pro-rata basis. 5. Town shall pay to Cervi for the production of said Rodeo, as herein agreed, the sum of Sixty nine thousand fifty dollars ($69,050) plus timed event cattle at thirty five dollars ($35) per run, to be paid upon complete performance of 2015 Rodeo. 6. Town agrees to furnish the facilities at The Fairgrounds at Stanley Park for the Rodeo. 7. Town shall arrange for an ambulance at the rodeo grounds during all contests. 8. Town shall have the overall authority, control and supervision of The Fairgrounds at Stanley Park, except the production of the rodeo portion thereof, as hereinabove provided, which shall be under the sole supervision, control and responsibility of Cervi. 9. Cervi shall provide comprehensive general liability insurance with minimum policy limits of One Million and 00/100 Dollars ($1,000,000) for each occurrence and One Million and 00/100 Dollars ($1,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contracted employee's acts), contracted and independent contractors. The Town shall be named as additional insured on this policy. Cervi shall procure and keep in force during the duration of this Agreement a policy of comprehensive automobile liability insurance insuring Cervi and naming the Town as an additional insured against any liability for personal injury, bodily injury, or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by Cervi which are used in connection with the rodeo, whether the motor vehicles are owned, non-owned, or hired, with a combined single limit of at least One Million Dollars ($1,000,000). During the term of this Agreement, Cervi shall procure and keep in force workers' compensation insurance and all other insurance required by any applicable law. Cervi shall furnish certificates evidencing the above insurance requirements including the addition of the Town as additional insured on the general comprehensive liability and automobile policies, as least thirty (30) days prior to the beginning of the rodeo. The parties to this Agreement understand and agree that the Town is relying on, and does not waive, by any provisions of this Agreement, the monetary limitations or terms (presently 2 $350,000.00 per person and $990,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the Town or Any of its officers, agents or employees. Cervi understands and agrees that they are an independent contractor under the terms and conditions of this Agreement. As such, they are not entitled to unemployment or insurance benefits through the Town. Also, Cervi understands and agrees that they are solely responsible for all Federal and State Income Tax, FICA taxes and Unemployment Insurance taxes. 11. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered mail as follows: The Town of Estes Park Attn: Bo Winslow P. 0. Box 1967 Estes Park, CO 80517 Cervi Championship Rodeo Attn: Binion Cervi PO Box 1930 Greeley CO 80632 12. In the event that there is a default under any terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party ten (10) days’ notice in writing of said default. If said default is not cured within said ten (10) day period, then the non-defaulting party shall be entitled to all damages incurred by the non-defaulting party as a result of said default, including an action for specific performance. Said damages shall include all reasonable attorney's fees and court costs incurred by the non-defaulting party. 13. Cervi agrees to include the Town on all releases or waivers of liability obtained by Cervi from the participants, contestants, and/or exhibitors of said show, with Town to be released in the same manner as Cervi. Cervi agrees to furnish to the Town a copy of the waiver or release form which Cervi intends to use for said purpose. 14. Cervi agrees that Town shall not be liable for any injuries, sickness or damage to any of Cervi’s employees, livestock or personal property, and Cervi agrees to indemnify and to hold Town harmless therefrom and from any third-party claims for loss, damage, sickness or injury caused or alleged to have been caused directly or indirectly by Cervi, its employees, agents or animals, or caused or alleged to have been caused directly or indirectly in any manner whatsoever by the herein agreed upon performances by Cervi. Said indemnification shall include all reasonable attorney fees and costs incurred by the Town resulting from any third party claim. 15. This Agreement represents the entire agreement between the parties and shall not be amended by either of the parties hereto without written consent of the other party. 3 4 16. This Agreement shall be binding upon and insure to the benefit of this parties hereto, their successors and assigns. 17. The Town shall have the option of extending this contract for two additional one year periods for 2018 and 2019. The Town shall give Cervi written notice on or before October 1, 2017 of its intention to extend this Agreement for 2018 and on or before October 1, 2018 of its intention to extend this Agreement for 2019. Also, on or before said October 1st date, the Town shall include within its written notice the date and times of performances.  18. Payment to Cervi for the production of the rodeo for 2015 will be $69,050 plus $35 per run on timed event cattle. A 3% increase will be allowed each year for contracts following 2015. All other terms and conditions of this Agreement shall remain the same as stated. Nothing herein shall constitute a multiple fiscal year obligation pursuant to the Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of this Agreement, the Town's obligations under this Agreement are subject to annual appropriation by the Town Board. Any failure of the Town Board annually to appropriate adequate monies to finance the Town's obligations under this Agreement shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice shall be given promptly to Cervi of any failure to appropriate such adequate monies. 19. Work By Illegal Aliens Prohibited. The Contractor certifies that the Contractor shall comply with the provisions of CRS 8-17.5-101, et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5-101, et seq., the Town may terminate this contract for breach of contract, and the Contractor shall be liable for actual and consequential damages to the Town. If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall:(a.) Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b.) terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph (a) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 20. Assignability. Cervi shall not assign this Agreement without the Town's prior written consent. 21. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and venue shall be in the County of Latimer, State of Colorado. 22. Survival Clause. The "Indemnification" provision set forth in this Agreement shall survive the completion of the Services and the satisfaction, expiration, or termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written.         ___________________________________________       Mayor          ___________________________________________    Binion Cervi        5   Bid Submittal Sheet for Stock Contract for Rooftop Rodeo  Please fill in this sheet and attach to proposal submitted  Below references RFP section VI, paragraph a. & b.    All‐inclusive – Entire Production  2015 All‐inclusive price – (not including Cattle) _____________  2015 Timed Event Cattle price_____________  % increase each year (do not include Cattle) ___________    Broken Out  2015 Rough Stock Only fee (include Pickup Men and Bull Fighters) (do not include Cattle) ____________  2015 Timed Event Cattle price___________  % increase each year (do not include Cattle) ___________  Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: November 21, 2014 RE: Resolution # 33-14 –Scheduling a Special Municipal Election – February 3, 2015 Objective: To officially set a special election on February 3, 2015 per state statute, determine election method (poll vs. mail ballot) and identify the Town Clerk as the Designated Election Official. Present Situation: The Town Board at their November 11, 2014 meeting voted unanimously directing staff to prepare a resolution setting a special election for February 3, 2015, pursuant to CRS 29-27-201 to restore the Town’s option to provide some level of broadband internet services to the citizens of Estes Park. Proposal: The Town Attorney and Town Clerk have prepared the attached resolution outlining a Special Municipal Election for Tuesday, February 3, 2015. In the past, the Town Board by Resolution has designated the Town Clerk to be the Designated Election Official for the Town of Estes Park, thereby giving authority to complete all aspects of the Municipal election. As the State of Colorado is a mail ballot state and the Town sees a higher voter turnout with mail ballot elections, staff recommends the election be held as a mail ballot election run by the Town Clerk’s office under Title 31 of the state statute. Advantages: - Passage of the resolution allows for the election - A mail ballot election has a higher voter turnout. Disadvantages: None. Action Recommended: Approve Resolution 33-14 to allow for a special election on February 3, 2015. Resolution # 03-14 – Officially Scheduling Regular Municipal Election – April 1, 2014 2 Budget: The election cost were budgeted at a cost $15,000. Level of Public Interest: Low Sample Motion: I move to approve/deny Resolution #33-14. Attachments: Resolution #33-14 RESOLUTION NO. 33-14 WHEREAS, Article 27 of Title 29 of the Colorado Revised Statutes requires that before the Town may engage or offer to engage in providing cable television, telecommunication service or advanced services, an election shall be called on whether or not the Town shall provide cable television, telecommunication service or advanced services; and WHEREAS, the Board of Trustees has determined, through the adoption of this Resolution, to call a special municipal election on February 3, 2015, for the purpose of submitting to the electors of the Town a ballot question on whether or not the Town shall have the right to provide all services restricted since 2005 by Article 27 of Title 29 of the Colorado Revised Statutes described as “advanced services,” “telecommunications services” and “cable television services”; and WHEREAS, Section 31-10-108 C.R.S. requires the special municipal election to be held on any Tuesday; and WHEREAS, it is the decision of the Board of Trustees, by the adoption of this Resolution, to hold the special municipal election on February 3, 2015, pursuant to the applicable provisions of Titles 10 & 11 of Article 31 of the Colorado Revised Statutes; and WHEREAS, Section 31-10-401, C.R.S., allows the Board of Trustees to delegate to the Town Clerk the authority and responsibility to appoint the Judges of Election; and WHEREAS, Section 31-11-111 (2) C.R.S. allows the Board of Trustees to fix a ballot title for this ballot question. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That a special municipal election shall be held on Tuesday, February 3, 2015. 2. That the special municipal election shall be a mail ballot election pursuant to the applicable provisions of the Colorado Statutes. 3. That the Global Electronic Voting System “ACCUVOTE” shall be used in the special municipal election. 4. That the Town Clerk be and is hereby authorized and directed to perform all acts and functions necessary for the use of such voting equipment as required by the laws of the State of Colorado pertaining thereto. 5. That pursuant to Section 31-10-401, C.R.S., the Board of Trustees delegates to the Town Clerk the authority and responsibility to appoint the Judges of Election. 6. That the Judges of Election shall receive for their services the sum of $10/hour up to a maximum of $150.00/day, and $20.00/ea. for Judges Training School. 7. That the Town Clerk shall, at the expense of the Town, arrange for such materials and supplies for such election as may be necessary. 8. The following ballot question shall be placed on the ballot for the special municipal election on February 3, 2015: Shall the Town of Estes Park, without increasing taxes, reestablish the Town’s right to provide all services restricted since 2005 by Title 29, Article 27 of the Colorado Revised Statutes, described as “advanced services,” “telecommunications services” and “cable television services,” including any new and improved high bandwidth services based on future technologies, utilizing community owned infrastructure including, but not limited to, the existing fiber optic network, either directly or indirectly with public or private sector partners, to potential subscribers that may include telecommunications service providers, residential or commercial users within the Town and the service area of the Town’s light and power enterprise? DATED this day of 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk