WINTER PARK TOWN COUNCIL MEETING AGENDA · 8/4/2020 · Winter Park Town Council, July 21, 2020...

Those members of the public wishing to attend the meeting digitally are asked to please contact the Town Clerk Department at (970) 726-8081 ext. 208 or email [email protected] for a conference call-in number and passcode.

WINTER PARK TOWN COUNCIL MEETING Winter Park Town Hall – 50 Vasquez Road Tuesday, August 4, 2020 – 5:30 p.m. Dinner will be provided.

AGENDA 1. Meeting Call to Order

a. Pledge of Allegiance b. Roll Call of Council Members

2. Town Hall Meeting

3. Consent Agenda

a. Approval of July 21, 2020 Regular Meeting Minutes

4. Action Items

a. Public Hearing – Special Event Permit – Mountain Moon Yoga at Confluence Park

b. Resolution 1792, A Resolution Approving an Agreement with Linda Wenzek-Barth for Snow Storage Purposes on the Brookside Property

c. Resolution 1793, A Resolution Granting an Easement to Mountain Parks Electric to Install Conduit for Electric Within Town-Owned Right-of-Way

d. Resolution 1794, A Resolution Approving with Conditions a Special Use Permit for Rock Crushing Operation on the Property Located at 79000 U.S. Highway 40

e. Resolution 1795, A Resolution Appointing Mike Davlin to the Winter Park Fraser Chamber of Commerce Board of Directors

f. Resolution 1796, A Resolution Calling a Special Election on November 3, 2020, Approving the Intergovernmental Agreement for Coordinated Election between the Town and The Grand County Clerk and Recorder, and Submitting a Ballot Issue to the Registered Electors of the Town at the Special Election

g. Resolution 1797, A Resolution Adopting Priorities for 2020-2021

5. Town Manager’s Report

6. Mayor’s Report

7. Town Council Items for Discussion a. Staff Presentation on Headwaters Solar Co-op

Winter Park Town Council, July 21, 2020 Minutes Page 1

MINUTES

DATE: Tuesday, July 21, 2020

MEETING: Winter Park Town Council

PLACE: Town Hall Council Chambers and Zoom Conference Meeting

PRESENT: Mayor Nick Kutrumbos via Zoom, Mayor Pro Tem Michael Periolat, Councilors

Mike Davlin, Jennifer Hughes, Art Ferrari, Jeremy Henn, and Chris Seemann,

Town Manager Keith Riesberg, Assistant Town Manager Alisha Janes and Town

Clerk Danielle Jardee

OTHERS

PRESENT: Chief of Police Glen Trainor, Finance Director Lizbeth Lemley, Community

Development Director James Shockey, and Town Planner Hugh Bell

1. Meeting Call To Order

Mayor Nick Kutrumbos called the meeting to order at 5:30 p.m. and handed it over to Mayor Pro

Tem Michael Periolat since he was on Zoom.

Mayor Pro Tem Michael Periolat led those present in reciting the Pledge of Allegiance.

2. Town Hall Meeting (Public Comment)

Winter Park Resident Linda Behlen stated her concerns about bears and trash, she recently had to

clean up a neighbor’s trash because it was put in a trash container that was not bear proof. Town

Manager Keith Riesberg stated Staff has prepared an ordinance on this topic however Staff are

waiting for feedback from CPW (Colorado Parks & Wildlife).

3. Consent Agenda

3.a. Approval of June 26, 2020 Annual Retreat Minutes

3.b. Approval of June 30, 2020 Joint Meeting Minutes

3.c. Approval of July 7, 2020 Regular Meeting Minutes

Councilor Mike Davlin moved and Councilor Chris Seemann seconded the motion approving the

Consent Agenda. Motion Carried: 7-0.

4. Action Items

4.a. Public Hearing – Special Event Permit – Find your Flow Yoga Series in Confluence Park

Town Clerk Danielle Jardee stated this is a donation-based fitness series to be held at Confluence

Park, donations will go to HTA (Headwaters Trail Alliance). Ms. Jardee stated Staff

recommends approval with the condition the applicant gets a business license.

Councilor Chris Seemann moved and Councilor Mike Davlin seconded the motion approving the

Special Event Permit with condition of obtaining a business license. Motion Carried: 7-0.

4.b. Public Hearing (Local Liquor Licensing Authority) – Transfer of Hotel and Restaurant

Liquor License to PigsOnTheWing LLC d/b/a The Smokehouse


Town Clerk Danielle Jardee stated the Hotel and Restaurant liquor license for The Smokehouse is

being transferred to the new owners, PigsOnTheWing LLC. Ms. Jardee stated the application is

in order and the appropriate fees have been paid, Staff recommends approval. Mayor Pro Tem

Michael Periolat opened the public hearing, hearing no comments. Mayor Pro Tem Michael

Periolat closed the public hearing.

Councilor Chris Seemann moved and Councilor Jeremy Henn seconded the motion approving

Transfer of Hotel and Restaurant Liquor License to PigsOnTheWing LLC d/b/a The

Smokehouse. Motion Carried: 7-0.

4.c. Ordinance 539, An Ordinance Approving the First Amendment to the Rendezvous at

Winter Park Final Development Plan, Second Reading and Public Hearing

Community Development Director James Shockey stated the first amendment is for a reduction

in lot sizes, along with a few note changes and setbacks listed in the Staff report. Mr. Shockey

stated Rendezvous wants to offer a smaller residential type which they were not offering in 2008

when this plan was approved. Jeff Vogel presented an overview of the final development plan

that was approved in 2008 as a refresher for Town Council. Mayor Kutrumbos thanked Mr.

Vogel for the presentation and asked if there would be an opportunity to sit down and discuss

some local housing options. Mr. Vogel responded yes, absolutely. Mayor Pro Tem Michael

Periolat opened the public hearing. Town Clerk Danielle Jardee read into public comment two

letters, one from Winter Park Resident Gary Behlen, and one from Grand Mountain Bike Alliance

President Keith Sanders. Mr. Behlen and Mr. Sanders stated concerns in their letters about trail

connectivity and closings. Mr. Shockey stated trails would stay open through construction,

however access to trails would be a little different, Staff would work on temporary signage with

the developer for trails. Mayor Pro Tem Michael Periolat asked for clarification on

bridge/culvert. Mr. Vogel stated the bridge has a low profile because of the wetlands and they do

have input from the Army Corp of Engineers on this as well. Mr. Vogel stated design wise it will

look like the bridge in Fraser by Rendezvous with the stone veneer, and pedestrian walkways on

each side. Mayor Pro Tem Michael Periolat hearing no more comments, closed the public

hearing.

Councilor Chris Seemann moved and Councilor Art Ferrari seconded the motion approving

Ordinance 539, An Ordinance Approving the First Amendment to the Rendezvous at Winter Park

Final Development Plan, Second Reading and Public Hearing. Motion carried by the following

roll call vote:

Jennifer Hughes “Aye” Jeremy Henn “Aye”

Art Ferrari “Aye” Chris Seemann “Aye”

Mike Davlin “Aye” Michael Periolat “Aye”

Nick Kutrumbos “Aye”

4.d. Ordinance 540, An Ordinance Amending Sections 3-2-5 and 3-2-6 of the Winter Park Town

Code to Define Economic Nexus and Update Methods for Collection and Remittance of

Sales Tax, Second Reading and Public Hearing

Finance Director Lizbeth Lemley stated this ordinance defines destination sourcing as opposed to

a physical presence for a business for sales tax nexus which brings Town in line with the State.

Mayor Pro Tem Michael Periolat opened the public hearing, hearing no comments. Mayor Pro

Tem Michael Periolat closed the public hearing.

Councilor Jeremy Henn moved and Councilor Chris Seemann second the motion approving

Ordinance 540, An Ordinance Amending Sections 3-2-5 and 3-2-6 of the Winter Park Town

Code to Define Economic Nexus and Update Methods for Collection and Remittance of Sales

Tax, Second Reading and Public Hearing. Motion carried by the following roll call vote:


Jennifer Hughes “Aye” Jeremy Henn “Aye”

Art Ferrari “Aye” Chris Seemann “Aye”

Mike Davlin “Aye” Michael Periolat “Aye”

Nick Kutrumbos “Aye”

4.e. Resolution 1784, A Resolution Authorizing the Mayor to Execute an Intergovernmental

Agreement with the Colorado Department of Revenue Regarding Sales and Use Tax

Software

Finance Director Lizbeth Lemley stated this resolution goes in conjunction with Ordinance 540

passing. Ms. Lemley stated now that we have passed Ordinance 540, we have agreed to

participate in the State’s single user tax-payer system to make it easy for businesses outside of

CO to remit sales tax. Ms. Lemley stated the annual fee the Town will pay to use the State’s

portal is $260 dollars since the State will ACH Town the payments. Ms. Lemley stated there will

be no additional fees for the software since the Town already uses the software. Ms. Lemley

stated she is optimistic this system will bring more tax collections to the Town.


Resolution 1784, A Resolution Authorizing the Mayor to Execute an Intergovernmental

Agreement with the Colorado Department of Revenue Regarding Sales and Use Tax Software.

Motion carried: 7-0.

4.f. Resolution 1785, A Resolution Approving a Development Improvements Agreement

Standard Form for Rendezvous Colorado, LLC

Community Development Director James Shockey stated this development improvements

agreement is for Rendezvous’s filing one, phase one. Mr. Shockey stated this is for

improvements on dirt portion of the road that was installed four years ago and putting in utilities,

paving, and finishing off infrastructure to connect to Rendezvous Road.

Councilor Chris Seemann moved and Councilor Jeremy Henn seconded the motion approving

Resolution 1785, A Resolution Approving a Development Improvements Agreement Standard

Form for Rendezvous Colorado, LLC. Motion carried: 7-0.

4.g. Resolution 1786, A Resolution Approving a Development Improvements Agreement

Standard Form for Rendezvous Colorado, LLC

Community Development Director James Shockey stated this agreement is for the larger portion

of Ski Idlewild Road that includes Fraser River Crossing and the remaining portion of the

unpaved section of Ski Idlewild Road.

Councilor Chris Seemann moved and Councilor Mike Davlin seconded the motion approving


Form for Rendezvous Colorado, LLC. Motion carried: 7-0.

4.h. Resolution 1787, A Resolution Approving with Conditions the Preliminary Plat for

Northwoods at Lakota Park Subdivision

Town Planner Hugh Bell stated Resolution 1787 is a preliminary plat application for Northwoods

at Lakota. Mr. Bell reviewed his Staff memo noting lot adjustments, for single and multiple

family use. Mr. Bell stated on July 14, 2020 Planning Commission reviewed and approved this

plat with conditions, no public comment was received. Mr. Bell read conditions from Planning

Commission. Councilor Seemann asked if there is still an affordable housing option. Mr.

Shockey stated this development has the $2.00 a square foot construction cost and must get to the

65th building permit to build a dwelling unit.



Resolution 1787, A Resolution Approving with Conditions the Preliminary Plat for Northwoods

at Lakota Park Subdivision. Motion carried: 7-0.

4.i. Resolution 1788, A Resolution Approving with Conditions the Preliminary Plat for the

Reserve at Lakota Park Subdivision

Town Planner Hugh Bell stated the applicant, PM Winter Park, LLC through the subdivision

process want to divide “super” lot, lot 99 into 14 smaller lots. Mr. Bell stated this also includes

extending and realigning Tract 3 to create an extended roadway to provide access to eight

multifamily residential units which shall turn into a shared driveway for the use of two

multifamily residential units. Mr. Bell stated Planning Commission reviewed this plat application

on July 14 and recommended approval with Staff recommendations. Councilor Mike Davlin

asked about the shared driveway. Mr. Shockey stated it meets standards and specifications. Mr.

Bell stated they received one public comment from Steve Smith requesting clarification about

proposed changes and driveway setback and expressed desire to beautify retention pond that was

put there by last developer. Mr. Bell read the conditions from his Staff report. Mayor Pro Tem

Michael Periolat asked about the retention pond, the applicant stated in a letter this pond is not

on their property, so they are not responsible.

Councilor Chris Seemann moved and Councilor Mike Davlin seconded approving Resolution

1788, A Resolution Approving with Conditions the Preliminary Plat for the Reserve at Lakota

Park Subdivision. Motion carried: 7-0.

4.j. Resolution 1789, A Resolution Approving with Conditions the Final Plat for Lake Trail

Townhomes

Town Planner Hugh Bell stated this is the final plat for Lake Trail Townhomes, application on

Vasquez Mountain Lodge Condominiums that was approved in 2006 but was never constructed,

the site is currently vacant. Mr. Bell stated the applicant is planning to build three buildings with

16 total units for multifamily residential use. Mr. Bell stated on July 14, 2020 Planning

Commission approved with conditions. Mr. Bell stated on April 21, 2020 Town Council

approved, and the conditions outlined in Resolution 1770 were met. Mr. Bell stated the

conditions and miscellaneous items that need to be met and resolved before recordation.


Resolution 1789, A Resolution Approving with Conditions the Final Plat for Lake Trail

Townhomes. Motion carried: 7-0.

4.k. Resolution 1790, A Resolution Approving a Development Improvements Agreement

Standard Form for 560 Lake Trail, LLC

Town Planner Hugh Bell stated 560 Lake Trail LLC has filed a development improvements

agreement with the Town to complete the following public improvements, grading the site,

installing utilities, drainage, paving, revegetation, and dumpster infrastructure. Mr. Bell stated

the total amount of required surety is $438,240 dollars.



Form for 560 Lake Trail, LLC. Motion carried: 7-0.

4.l. Resolution 1791, A Resolution Approving Cost Sharing and Reimbursement Agreement

with Arrowhead Winter Park Investors, LLC for Improvements to Ski Idlewild Road

Town Manager Keith Riesberg stated Rendezvous is moving forward with constructing

infrastructure in Town to support their development. Mr. Riesberg stated the infrastructure will


be reconstruction of Ski Idlewild Road and installation of water and storm water infrastructure.

Mr. Riesberg stated the scope of improvements would leave 200 feet of Ski Idlewild Road

unfinished, to allow for consistent and complete infrastructure through this area Town is

proposing to enter into a cost sharing and reimbursement agreement. Mr. Riesberg stated under

this agreement Rendezvous’s contractor will construct and complete that section of road, and

upon satisfactory completion Town will reimburse the developer. Mr. Riesberg stated the cost of

the project is $147,268 dollars. Councilor Art Ferrari asked if there would be any possibility of

reimbursement from other property owners. Mr. Reisberg responded stating he does not

anticipate that.


Resolution 1791, A Resolution Approving Cost Sharing and Reimbursement Agreement with

Arrowhead Winter Park Investors, LLC for Improvements to Ski Idlewild Road. Motion carried:

7-0.

5. Progress Reports

5.a. Community Partners

Nothing to Report.

5.b . Staff Reports

Financial Update from Finance Director Lizbeth Lemley

Finance Director Lizbeth Lemley presented a financial update as of June 30, 2020.

6. Town Manager’s Report

Town Manager Keith Riesberg stated last November Council appointed Jim Myers to the

Chamber of Commerce Board, and now it is time to appoint someone new. Mr. Riesberg stated if

any Councilors are interested please let him know, and we will appoint someone at the August 4,

2020 meeting. Mr. Riesberg stated construction has started on the King’s Crossing Extension

Road which will connect to Grand Park Drive west of the railroad underpass, the construction is

being done in compliance with Town’s specifications and requirements. Mr. Riesberg stated the

construction does affect the Leland Creek trail connection at King’s Crossing, the trail is

accessible through the subdivision and Staff will put up signage to guide people. Mr. Riesberg

state the Contractor making ADA improvements along US Hwy 40 is scheduled to start on

August 3rd, notices are being mailed to businesses that may be affected. Mr. Riesberg stated the

goal is to minimize disruptions as best as we can. Mr. Riesberg stated Rendezvous are moving

forward with infrastructure and Town did issue a letter of support for an emergency interconnect

for the Town of Fraser and Grand County Water and Sanitation water systems.

7. Mayor’s Report

Mayor Nick Kutrumbos stated thank you to Mayor Pro Tem Michael Periolat for covering today.

Mayor Kutrumbos stated his new daughter, Calliope is excited to meet everyone. Mayor

Kutrumbos stated to Council if they have the chance to jump on the CAST(Colorado Association

of Ski Towns) road to recovery for mountain towns call tomorrow that would be good to listen to.

Mayor Kutrumbos stated he has been working with the Colorado Restaurant Association, and we

need to make sure our hospitality workers are considered essential workers moving into fall and

winter. Mayor Kutrumbos stated we should continue to watch Congress since they are in session.


8. Town Council Items for Discussion

Councilor Jennifer Hughes stated a TAC (Transit Advisory Committee) update, new busses have

been delayed to COVID-19 and will arrive in September. Mrs. Hughes stated OZ Architecture

was selected as the design firm for the new transit maintenance facility. Mrs. Hughes stated

Town will be receiving a second round of CARES Act dollars for transit totaling $243,226

dollars. Mrs. Hughes stated there is a second interview for the transit manager position on

Thursday. Mrs. Hughes stated they decided to keep late night transit services going even though

ridership numbers are down.

There being no further business to discuss, upon a motion regularly adopted, the meeting was adjourned

at 7:25 p.m.

The next scheduled meeting of the Town Council will be Tuesday, August 4, 2020 at 5:30 p.m.

Danielle Jardee, Town Clerk

TOWN OF WINTER PARK TOWN COUNCIL

August 4, 2020

SPECIAL EVENT PERMIT –PUBLIC HEARING

Applicant: Margaret Strom Staff Contact: Dani Jardee, Town Clerk Event Description: Weekly Outdoor yoga classes at Confluence Park if weather is cooperative. Tuesday at 5:30 p.m., Wednesday at 6:00 p.m., Thursday at 6:00 p.m., and Saturday at 9:30 a.m. 10% of proceeds will go to Mountain Family Center. Staff Comments: The Special Event Permit application was received, reviewed, and approved by Town staff. Attachments: Application, Map and Certificate of Good Standing Staff Recommendation Staff recommends the Town Council grant the Special Events Permit

Special Event Permit Application

Please complete each section; additional sheets may be used if necessary. If your group will be serving alcohol, please

complete Form DR 8439 also. Alcohol served in bottles or cans are never permitted at events.

Exact dates and times of the event:

Contact Number:

Name of Applicant:

Mailing Address of Applicant: Contact

Name:

Contact Email:

Type of Special Event (i.e. fundraiser, concert):

Address of Special Event:

Do you have written permission to use the premises? Yes No

Explain the nature of your organization, its function, and who/what benefits from its operations:

Who or what organization will be the recipient of the funds derived from this event?

Number of expected attendees:

Describe the premises where the event will take place:

What type of security will be provided?

Number of security personnel: How will they be identified?

If the event is being held outdoors, how will the exterior boundaries of the premises be marked?

What type of entertainment will be provided at the event?

How will attendees be checked for proper age (i.e. at the door, at the bar)? How will underage attendees be identified so they are not served alcohol (i.e. wristbands)?

How will the conduct of attendees be monitored and by whom?

What type of beverages and food or snacks will be available?

Organization State Sales Tax Number:

Organization Town Sales Tax Number:

Explain how the event will be marketed; what kinds of advertising material will be distributed and who are the targeted recipients?

Thereby certify, under penalty of perjury, that the information provided to the Town of Winter Park contained in this application is true and accurate to the best of my knowledge.

Applicant’s Signature Date

Applicant’s Email Address

Applicant’s Mailing Address

Applicant’s Physical Address

Applicant’s Main Phone Number Applicant’s Alternate Phone Number

STATE OF COLORADO COUNTY OF GRAND TOWN OF WINTER PARK

Subscribed and sworn to me this ______ day of __________________ 20____

Witness my head and official seal:

Notary Public

My commission expires

DO NOT WRITE BELOEW THE LINE – OFFICIAL USE ONLY

PLANNING DEPARTMENT

Conditions/Requirements

Signature Date

PUBLIC WORKS DEPARTMENT


Signature Date

POLICE DEPARTMENT


Signature Date

TOWN CLERK


Signature Date

FINAL APPROVAL


Signature Date

OFFICE OF THE SECRETARY OF STATE

OF THE STATE OF COLORADO

CERTIFICATE OF FACT OF GOOD STANDING

I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the

records of this office,

is a

formed or registered on under the law of Colorado, has complied with all applicable

requirements of this office, and is in good standing with this office. This entity has been assigned entity

identification number .

This certificate reflects facts established or disclosed by documents delivered to this office on paper through

that have been posted, and by documents delivered to this office electronically through

@ .

I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this

official certificate at Denver, Colorado on @ in accordance with applicable law.

This certificate is assigned Confirmation Number .

*********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State’s Web site is fully and immediately valid and effective.

However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State’s Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely

optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://

www.sos.state.co.us/ click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.”

MOUNTAIN MOON YOGA, INC.

Corporation

20021354776

07/29/202007/31/2020 02:44:50

07/31/2020 02:44:5012502321

12/23/2002

TO: Town Council

FROM: Gerry Vernon, Public Works Director

DATE: 08/04/2020

RE: Brookside Property Snow Storage Contract

BACKGROUND

For many years, the Town has executed a contract for snow storage on the Brookside Property. This is an annual contract and it is time to renew the agreement for another winter season.

ANALYSIS

The agreement requires Public Works to clean up the property each spring following the snow removal season. Public Works also prepares the property in the fall to ensure that the pending snow storage and subsequent run-off of water does not impact the property. That work has been accomplished and approved by the property owner already this summer.

RECOMMENDATION

Staff recommends the Town Council approve Resolution 1792 that authorizes the Mayor to execute the contract for snow storage on the Brookside Property for the 2020-2021 season.

Alternative Motion

In the event the Town Council wishes to not approve the resolution, staff recommends the Town Council make the following motion:

I move to deny the approval of Resolution 1792 due to the following findings of fact:

_____________________

_____________________

_____________________

TOWN OF WINTER PARK

RESOLUTION NO. 1792 SERIES OF 2020

A RESOLUTION APPROVING AN AGREEMENT WITH LINDA WENZEK-BARTH FOR SNOW STORAGE

PURPOSES ON THE BROOKSIDE PROPERTY

WHEREAS, the Town of Winter Park performs significant snow removal and storage activities

every winter season; and

WHEREAS, development continues to occur in the Town of Winter Park, reducing the number of

locations for the Town’s Public Works Department to store snow; and

WHEREAS, Linda Wenzek-Barth is owner of real property known as the Brookside Property,

located in downtown Winter Park, that has strategic snow storage characteristics, and has offered to

allow the Town of Winter Park to store snow on the property with certain conditions; and

WHEREAS, Linda Wenzek-Barth wishes to keep her property clean and protected, well

vegetated, and respected by neighbors and the Town of Winter Park; and

WHEREAS, it is in the interest of the Town of Winter Park to enter into an agreement to store

snow on the property owned by Linda Wenzek-Barth for the 2020-2021 winter season.

NOW THEREFORE, BE IT RESOLVED that the Town Council of Winter Park, Colorado hereby

approves an agreement to store snow on the Brookside property, attached hereto as Exhibit A.

APPROVED AND PASSED this _____ day of ________, 2020 by a vote of ________ to _______

TOWN OF WINTER PARK

____________________________

Nick Kutrumbos, Mayor

ATTEST:

________________________

Danielle Jardee, Town Clerk

EXHIBIT A: BROOKSIDE PROPERTY SNOW STORAGE AGREEMENT 2020‐2021

This agreement is between Linda Wenzek‐Barth (herein after known as the “OWNER”), owner of

real property (herein after known as the “PROPERTY”) more accurately described as 3.08 acres

located in the NE ¼ of the NW ¼ and the NW ¼ of the NE ¼ of Section 33, Township 1 South, Range

75 West of the 6th Principal Meridian, located in the Town of Winter Park, Colorado, and the Town

of Winter Park (herein after known as the “TOWN”) for snow storage for the winter season of

2020‐2021.

OWNER hereby grants the right and authority to the TOWN to deliver to and store upon the

PROPERTY snow removed from TOWN streets and rights of way during the period November 2020

through and including June 2021.

In consideration for the ability of the TOWN to deliver to and store snow on the property, the

TOWN shall provide to OWNER the following:

1. Installation and maintenance of proper sediment control prior to storage of snow along the

line staked by Geoff Elliott of Grand Environmental Services, a Certified Professional in

Erosion and Sediment Control (CPESC #5082), in order to limit the snow storage area and to

minimize sedimentation on the northern and eastern portions of the PROPERTY. This may

include sediment fence and/or rice‐straw wattles as determined by mutual agreement

between TOWN and OWNER. Installation and maintenance will be reviewed and approved

by Geoff Elliott of Grand Environmental Services. Wattles shall be properly installed and

maintained to ensure proper function and staked with survey flagging for high visibility.

2. Removal and disposal of dead, diseased, and dying pine trees as needed including stressed

older trees expected to fall during windstorms on the PROPERTY and adjacent Highway 40

Right of Way, and slash, per current TOWN best forestry practices. TOWN shall protect all

well shaped pine trees, pine seedlings, and aspen on the PROPERTY as practicable.

3. Maintain a well‐defined rock berm along the north property line.

4. Maintenance of the entrance to the PROPERTY, including drainage swales with sediment

traps on either side of the existing driveway, to control existing flows of water onto the

PROPERTY, maintaining the existing buck‐rail gate, and installation of a temporary gravel

vehicle tracking pad of a size to be determined by mutual agreement between TOWN and

OWNER, as needed to minimize mud tracking onto TOWN roadways with accordance with

best management practices prior to storage of snow.

5. The TOWN will be responsible for the safety of all persons performing snow‐storage related

work and shall name the OWNER as third‐party insured for any snow‐storage‐related

activities on the PROPERTY for the 2020‐2021 Winter season prior to the storage of any

snow. The TOWN will hold OWNER harmless from any and all claims that relate directly or

indirectly to the use of property by the TOWN, and for any and all claims by third parties

that relate in any way to the PROPERTY.

6. During the 2020‐20201 winter season, the TOWN shall block access to the site after any

storage activity with a “snow berm” and/or buck‐rail gate to limit vehicular access to the

PROPERTY by the general public.

7. Prior to the 2020‐2021 winter season, the grassy areas north, northeast, and east of the

snow storage area shall be seeded with a suitable wildflower mix, preferably immediately

before the first significant snow fall, in order to meet 2011‐2012 seed mix commitment.

8. Following the 2020‐2021 winter season, the TOWN shall clean all debris deposited on the

PROPERTY as part of the snow storage activities and remove the gravel vehicle tracking pad,

if any. The PROPERTY shall be cleaned to a state acceptable to the OWNER and shall be

roughened and revegetated with mountain‐meadow‐type grass‐wildflower seed mix as

early as practicable to take advantage of spring precipitation and mulched to a suitable

level to provide for erosion and weed control. Additional weed control in areas disturbed

during snow storage activities may be required during the 2020 growing season to maintain

property values. TOWN will meet with Geoff Elliott immediately after Spring Splash 2021

and again after July 4th, 2021 to review progress and revegetation success.

9. The TOWN shall pay for any consultant fees for Grand Environmental Services for work

performed related to snow storage activities on the PROPERTY including the site review of

all fencing, access, and erosion/sediment control structures with TOWN staff.

10. Town snow storage activities will be limited to the hours between 7:00 AM and 10:00 PM to

avoid noise conflicts with neighbors.

11. The TOWN shall enforce these provisions including all snow‐storage‐related legal fees.

12. The TOWN shall pay for OWNER’S attorney review of this snow storage agreement.

13. In the event the PROPERTY is sold to an unrelated third party during the term of this

agreement, the TOWN agrees to cease all future snow storage operations on the PROPERTY

upon the order of the new owner or their designee but will complete all cleanup and

revegetation commitments above.

The provisions of this agreement are hereby approved this _____ day of _____________, 2020.

Linda Wenzek‐Barth, Owner

Nick Kutrumbos, Mayor

ATTEST: Danielle Jardee, Town Clerk

TO

FROM

THRU

DATE

RE

General Information

Mountain Parks Electric (MPE) is requesting an easement from the Town for underground electric along Ski Idlewild Road. The easement is required to provide electric to the Rendezvous at Winter Park Filing 1 project and also provide a loop in their system for redundancy. Included in this staff report is a map showing the location of the easement and the methods of installation that will be used to install the line. MPE does not intend to cut the new asphalt on Ski Idlewild Road and will instead bore it. They will also attach conduit to the new bridge to cross the Fraser River.

Recommended Motions Staff recommends the Town Council dedicate the easement with the following motion: I move to approve Resolution 1793, Series 2020, a resolution dedicating an easement to Mountain Parks Electric as further described in the Right-of-Way Easement and Agreement.

Town Council

James Shockey, Community Development Director

Keith Riesberg, Town Manager

August 4, 2020

Right-of-Way Easement for Mountain Parks Electric

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29

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TRACT A

37

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35

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OUTLOT B

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LODGE 7

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COMMONS

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LODGE 4

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LOT 1A

LOT 2A

LOT 3A

85

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888990919293

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Parcel C

Parcel A

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T2S R75WSec 28

0 250 500 750 1,000125Feet

Trenching shownin green

Rendezvous Way

Hwy 40

T2S R75WSec 33

Rendezvous EastMountain Filing 7

Conduit in Concreteover culvert/bridgeshown in yellow

Trenching shownin green

Boring under existing asphaltshown in blue

Existing electricwithout easementshown in yellow

TOWN OF WINTER PARK RESOLUTION NO. 1793

SERIES OF 2020

A RESOLUTION GRANTING AN EASEMENT TO MOUNTAIN PARKS ELECTRIC TO INSTALL CONDUIT FOR ELECTRIC WITHIN TOWN-OWNED

RIGHT-OF-WAY

WHEREAS, Mountain Parks Electric is requesting to install conduit for underground electric lines and vaults within town owned rights-of-way; and

WHEREAS, Mountain Parks Electric is requiring that the electric lines and

vaults be located in an easement dedicated to them; and

WHEREAS, the Town Council has reviewed the Right-of-Way Easement and Agreement attached hereto as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED the Town Council of Winter Park,

Colorado hereby approves the attached Right-of-Way Easement and Agreement and authorizes the Mayor to sign it on behalf of the Town.

APPROVED AND PASSED this 4th day of August, 2020, by a vote of____ to .

TOWN OF WINTER PARK

Nick Kutrumbos, Mayor ATTEST:

Dani Jardee, Town Clerk

RIGHT-OF-WAY EASEMENT AND AGREEMENT

KNOW ALL MEN BY THESE PRESENTS, that the undersigned (referred to in the plural whether one or more) for good and valuable consideration, the receipt whereof is hereby acknowledged, hereby grant unto MOUNTAIN PARKS ELECTRIC, INC., a cooperative corporation of the State of Colorado, (hereinafter called the "Cooperative") whose post office address is P.O. Box 170, Granby, Colorado, 80446, and to its successors and assigns, the right to enter upon the lands of the undersigned, situated in the County of Grand, State of Colorado, and more particularly described as follows:

A twenty foot (20’) wide easement in the Ski Idlewild Road right-of-way being North of Rendezvous Way and South of Rendezvous East Mountain Filing 7, Section 28 and 33, T1S R75W, 6th P.M.

The easement shall be for the purposes of erecting, constructing, re-constructing, replacing, altering, extending, up rating, upgrading, removing, operating, accessing, inspecting, repairing, maintaining and retiring over, under, and across the above-described lands either above or below the ground level, or both, and in, over, and under all bridges, streets, roads and highways thereon or abutting said lands, an electric supply/communication line or system, both for transmission and for distribution, and/or telecommunication lines and equipment, fixtures and systems for the transmission or provision of commercial and non-commercial electric and/or telecommunications services, advanced services and fiber optic services (including without limitation the transmission of voice, video, and data signals and the leasing, licensing or other transfer of use of dark fiber strands), all as the Cooperative shall find necessary and deem advisable; and at the option of the Cooperative, to remove and trim trees and shrubbery within the easement, and to cut and trim from time to time all dead, weak, leaning or dangerous trees, on or adjacent to the easement, that are tall enough to strike any part of the line or system in fallings and to permit access at all times to the lines for all of the purposes enumerated in this easement. For the purposes enumerated in this easement the Cooperative, its agents and employees shall have such right of ingress and egress across the above property as may be reasonably convenient to and from said rights of way to construct, re-construct, replace, inspect, and make such repairs, changes, alterations, improvements, removal from, substitutions and additions to facilities located within the easement as the Cooperative may from time to time deem advisable. This easement is non-exclusive and perpetual, and shall run with the land, burdening all present and future owners.

The undersigned further agree, for themselves and for their heirs, representatives, successors, and assigns, that: 1) no buildings, structures, surface changes (fill or cut) in excess of 6 inches (6”), or other obstructions will be erected or permitted within ten feet (10’) of any conductor, measured horizontally; and 2) no buildings, structures, surface changes of any kind in excess of six inches (6”), or other obstructions shall be erected or permitted outside of ten feet (10’) if same shall interfere with or prevent access to the said line or will be so close to the line as to create a hazard, or to violate the clearances specified in the National Electrical Safety Code or as required by the Cooperative. The undersigned agree all equipment and facilities on the Cooperative’s side of the point of delivery shall remain the property of the Cooperative.

The Cooperative shall clean, remediate, cure, repair and correct any damage to the surface of the Easement Property caused by the Cooperative. The undersigned warrants that the above-described lands are owned by the undersigned and that the said lands are free and clear of encumbrances and liens of whatsoever character except those held by the following persons:

The provisions of this easement shall be binding upon and shall inure to the benefit of the licensees, lessees, contractors, agents, heirs, executors, successors and assigns of the undersigned and the Cooperative. The rights, privileges and obligations granted and created hereunder may be assigned, licensed or otherwise conveyed or transferred, in whole or in part. The undersigned shall be entitled to all remedies at law or in equity to enforce the terms of this agreement or to recover damages for breach. If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable or not run with the land, such holding shall not affect the validity or enforceability of the remainder of this agreement. IN WITNESS WHEREOF, the undersigned have set their hands and seals this day of________________2020. TOWN OF WINTER PARK Nick Kutrumbos, Mayor The foregoing instrument was acknowledged before me this day of 2020, by Nick Kutrumbos, Mayor of Winter Park

ATTEST: Danielle Jardee, Town Clerk WO No. 118819 Map Location: 59,28&33 4821-5385-2706, v. 18

TO

FROM

THRU

DATE

RE

Owners of the Property: Fraser River Development CO, LLC Applicant’s Name: Mountain States Snowcats, Inc. – Jeremy Straley Location: 79000 U.S. Highway 40 Special Use Permit Request: A Special Use Permit is being requested to operate rock crushing on the Roam property from September 8, 2020 until October 2, 2020. Section 7-9-3-B Public Notice and Public Comment A Public Notice was published in the Middle Park Times on July 9, 2020 and sent to adjacent property owners providing notification of the meeting and requesting comments. The property was posted on July 10. As of July 30, no comments have been received concerning this request. Section 7-9-3-C Proceedings at Hearing The Council shall hear all persons interested in the matter. The applicant has the burden and shall offer competent evidence in support of their application, which is sufficient to enable the Council to consider the matter and to make findings on the subject. The applicant has the burden of presenting all necessary and relevant information and evidence in support of his application or petition. Title 7, Chapter 9 - Special Use Permit Procedures The property is zoned PD-DC and rock crushing/gravel operation would be considered a special use per Section 7-5B-2B of the Town Code. In considering an application, the Council shall consider:

1. The health, safety and welfare of the residents of the Town. 2. The orderly development of the property in the Town. 3. The preservation of property values. 4. The protection of the tax base 5. The effect on the neighborhood. 6. The likelihood of a nuisance being created. 7. The effect on the master plan of the Town 8. Any other matters relevant to the inquiry.

A Special Use Permit shall not be granted unless the Council finds that:

1. The use is appropriate to the location, the lot and the neighborhood.

Town Council

Hugh Bell, Planner

James Shockey, Community Development Director

August 4, 2020

Special Use Permit – Rock Crushing, Roam

2. The use does not substantially change the character of the neighborhood. Staff Comments The applicant is requesting approval for a rock crushing operation at the Roam property to reduce the size of the existing rock on the property to be used as structural fill on the property. The applicant believes this to be the most environmentally responsible method of reusing the large amount of rock on the site and will reduce the need to import and export materials which will reduce truck traffic. The time period that the applicant is requesting to complete the work is from September 8, 2020 until October 2, 2020. They will need to provide the Town with a dust control mitigation plan prior to operation and the Town will have the ability to shut down operations if conditions warrant. If proper conditions are placed on the permit, staff feels this operation could be allowed in the proposed location since similar operations took place in Roam in 2019 with no undue impact on the public or surrounding properties. Planning Commission Recommendation The Planning Commission reviewed the Special Use Permit on July 28 and recommended approval with the conditions outlined in the staff recommendation. Staff Recommendation Staff recommends the Town Council approve Resolution 1794, Series 2020, a resolution approving the Special Use Permit with the following conditions:

1. The Special Use Permit is valid until October 2, 2020. The Town shall have the right to suspend the Special Use Permit at any time upon investigation of complaints or non-compliance with the conditions of the Special Use Permit.

2. The applicant shall be required to obtain any State permits and shall abide by their requirements.

3. Hours of operation shall be Monday – Friday, 8:00am to 5:00pm. Equipment shall not be turned on prior to 8:00am and shall be shut down prior to 5:00pm. No work is permitted on weekends or holidays.

4. Work shall only occur on days when site and environmental conditions are appropriate. Wind direction, precipitation, air and ground temperature, and other site conditions shall be monitored to mitigate impacts of the rock crushing operation on neighboring properties and businesses.

5. A Dust Mitigation Plan shall be provided to the Town prior to operation. The plan shall identify steps that will be taken to mitigate potential fugitive dust during the operation.

6. If excess material is left from this operation, the applicant shall be responsible for removing it or providing a plan to store the material onsite. Any material being stored shall be revegetated in conformance with Town Standards within one year of site disturbance.

7. Screening shall be placed along any property lines adjacent to public sidewalks/trails to shield operations from the public.

8. The location of the rock crushing operation shall be central to the project to minimize impact to surrounding properties.

9. Failure to comply with the conditions listed above may result in revocation of the special use permit as described in Section 7-9-6 of the Winter Park Town Code.

10. Failure to comply with the conditions listed above shall constitute a zoning violation as described in Section 7-10-6 of the Winter Park Town Code. Penalties as outlined in Section 7-10-7 of the Winter Park Town Code shall be applicable. Each day during which violation occurs shall be deemed a separate offense.

PO Box 1134

Torrington WY 82240

970-447-6005

[email protected]

Adjacent Property to Roam Development for Special Use Permit:

North and East Adjacent Property Owner:

79303 US Hwy 40

Fraser River Development CO, LLC

1500 Wynkoop St Ste 200

Denver CO 80202-1151

South Adjacent Property Owner:

80103 US Hwy 40

USFS

United States of America

2150 Centre Ave Bldg E

Fort Collins CO 80526-8119

West Adjacent Property Owner: N/A

Highway 40

1 7/31/2020

I:\PLANNING DEPT\PROJECTS - ACCELA\PLN20-042 - SPECIAL USE PERMIT - MOUNTAIN STATES SNOWCATS - 79000 US HWY 40\RESOLUTION 1794.DOCX


SERIES OF 2020

A RESOLUTION APPROVING WITH CONDITIONS A SPECIAL USE PERMIT FOR A ROCK CRUSHING OPERATION ON THE PROPERTY LOCATED AT 79000 U.S. HIGHWAY 40

WHEREAS, Fraser River Development, LLC ("FRDC") is the current owner of certain real property located at 79000 U.S. Highway 40, Winter Park, Colorado (the “Property”);

WHEREAS, on June 2, 2020, Mountain States Snowcats, Inc., ("Applicant"), on behalf of FRDC, filed an application for approval of a special use permit (the "Special Use Permit") to operate a rock crushing operation on the Property (the "Application");

WHEREAS, the Property is located in the Destination Center (DC) zone district, and a rock crushing operation is only permitted in the DC zone district upon approval of a special use permit;

WHEREAS, after a properly-noticed public hearing on July 28, 2020, the Planning Commission recommended that the Town Council approve the Special Use Permit with conditions;

WHEREAS, the Town staff has reviewed the Application and recommends approval of the Special Use Permit with conditions;

WHEREAS, at a properly-noticed public hearing on August 4, 2020, the Town Council considered the Application; and

WHEREAS, after considering the recommendation from the Planning Commission and Town staff, and any public comment, the Town Council finds and determines as provided below.

NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Winter Park, Colorado as follows:

1. Findings. The Town Council has considered all of the criteria set forth in § 7-9-3(D) of the Winter Park Town Code (the "Code"), and finds that the Application should be approved with conditions to limit the impacts of the Special Use Permit on surrounding properties.

2. Decision. Based on the foregoing findings, the Town Council hereby approves the Special Use Permit, subject to the following conditions:

a. The Special Use Permit shall expire on October 2, 2020 without further action of the Town.

b. Applicant shall obtain all required state permits for the rock crushing operation.

c. The operation shall only occur between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The operation shall not occur on weekends or holidays.

d. Prior to commencing the operation, Applicant shall file with the Town a dust

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I:\PLANNING DEPT\PROJECTS - ACCELA\PLN20-042 - SPECIAL USE PERMIT - MOUNTAIN STATES SNOWCATS - 79000 US HWY 40\RESOLUTION 1794.DOCX

mitigation plan which identifies all steps that will be taken to minimize and mitigate dust.

e. The operation shall be screened from view with fencing along property lines and sidewalks.

f. The operation shall only occur on days when environmental conditions are appropriate for such operation, including without limitation wind, air quality, air temperature and ground temperature. If the Director of Community Development finds that environmental conditions are inappropriate for the operation on any given day, the Director may order that the operation be suspended until conditions approve.

g. The Special Use Permit is not assignable to any other person or entity.

3. Enforcement. Failure of Applicant to comply with any of the above conditions shall be grounds for revocation of the Special Use Permit under Code § 7-9-6.

PASSED, ADOPTED AND APPROVED this 4th day of August, 2020.

TOWN OF WINTER PARK

_______________________________ Nick Kutrumbos, Mayor

ATTEST: _____________________________ Danielle Jardee, Town Clerk

TO

FROM

CC

DATE

RE

Background

The Town of Winter Park has two representatives to the Winter Park - Fraser Chamber of

Commerce Board of Directors – a Town staff representative and a Town Council

representative. In November 2019 the Town Council appointed Jim Myers to serve as the

Town Council representative until the new Town Council was seated following the April 2020

election. The proposed resolution will appoint Mike Davlin as the Town Council

representative to the Chamber Board until the April, 2022 municipal election.

Analysis

The Town of Winter Park has two representatives to the Chamber Board – one

representative being the Town Manager and the second representative being a Town

Council member. The Town Council will appoint a new representative to this Board to fill the

spot previously held by Jim Myers. It was requested at the July 21 meeting that Council

members interested in serving on the Board should give indication. The resolution as

submitted anticipates Mike Davlin will be appointed to serve at the Town Council

representative to the Chamber Board.

Recommendation

Staff recommends approval of a Town Council representative to the Chamber Board.

Should you wish to appoint a different Council member to the Board, you may amend the

resolution to reflect your preference for appointment.

Should you have any questions or need additional information regarding this matter, please

contact me.

Mayor and City Council


July 31, 2020

Appoint Town Council member to Chamber of Commerce Board of

Directors


SERIES OF 2020

A RESOLUTION APPOINTING MIKE DAVLIN TO THE WINTER PARK FRASER CHAMBER OF COMMERCE BOARD OF DIRECTORS

WHEREAS, the Town of Winter Park is provided two representatives on the Winter Park-Fraser Chamber of Commerce Board of Directors, with one representative being a Town staff member and one representative being a Town Council member; and

WHEREAS, in November 2019 Jim Myers was appointed as the Town Council representative until the new Town Council was seated and could selected a new representative as Mr. Myers is no longer on the Town Council.

NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Winter Park as follows:

Section 1. Mike Davlin will be appointed as the Town Council representative to the Winter Park-Fraser Chamber of Commerce Board of Directors until the next municipal election in April 2022. The Town Staff representative will continue to be the Town Manager.

PASSED, ADOPTED AND APPROVED this 4th day of August, 2020. TOWN OF WINTER PARK

___________________________________ Nick Kutrumbos, Mayor

ATTEST: _____________________________________ Danielle Jardee, Town Clerk

TO

FROM

CC

DATE

RE

Background

The Town of Winter Park is proposing to hold a special election on November 3, 2020

coordinated with Grand County and other municipalities in the county. On this ballot will be a

question to authorize the Town to adjust its mill levy annually to offset revenue reductions

caused by changes to the assessed valuation calculations – commonly being referred to as

“de-Gallagher”. The resolution calls for the special election, sets the ballot language to be

used and authorizes the execution of an Intergovernmental Agreement (IGA) with Grand

County for coordination of the election.

Analysis

Grand County and other municipalities in the county are placing a question on the

November 3, 2020 ballot that will authorize the Town to adjust its mill levy annually to offset

revenue reductions caused by changes to the assessed valuation calculations. The County

and municipalities are using similar ballot language to allow for consistent understanding

and messaging for the upcoming election. The authorization being requested is commonly

referred to as “de-Gallagher” and is the same action that was taken by East Grand Fire

District in November, 2019.

Gallagher Amendment

The Gallagher Amendment to the State Constitution was adopted in 1982 in response to

increasing residential property taxes. The amendment divides the property tax burden

between residential and non-residential property, with 45% of property tax revenue coming

from residential property and 55% of the revenue coming from non-residential property. The

amendment fixes the assessment rate for non-residential property at 29% of market value.

The General Assembly sets the residential assessment rate (RAR) every odd year.



July 31, 2020

Calling for Special Election and submitting ballot proposal for consideration

In 1982 when the Gallagher Amendment was adopted, the RAR was 21%. Due to significant

growth in the residential real estate market, the RAR has decreased over time. In 2019 the

RAR was set at 7.15% and the State Property Tax Administrator indicated the RAR for 2021

will be set at 5.88% - an 18% decrease.

A commercial property with a market value of $400,000 will pay property taxes on an

assessed value of 29%; whereas a residential property with the same market value will pay

property taxes on an assessed value of 7.15%. In 2021 the residential property will pay

property taxes based on an assessed value of 5.88%.

Impact on Winter Park

Property tax revenues is a small source of revenue for the Town of Winter Park. The

adopted FY 20 budget anticipated property tax revues of $469,021, which is approximately

3% of the Town’s total revenues. The impact of the Gallagher Amendment – in combination

with the Tax Payers Bill of Rights (TABOR) provisions – is more dramatic following

economic downturns.

In 2011 the Town’s property tax revenues was $492,034. In 2012 these revenues dropped

to $387,487. Due to the limitations resulting from Gallagher and TABOR, the property tax

revenues have yet to return to the 2011 level. During this ten-year period, the cost of

providing the public services funded by property taxes (Police and Public Works for

example) have continued to increase. This dynamic increases the Town’s reliance on

increases in sales tax revenues to provide the services desired by the community.

The authorization granted by the proposed ballot question would allow the Town to adjust its

mill levy to offset revenue reductions caused by changes to the percentage used to

determine assessed valuation. These adjustments are not intended to increase the total

property tax revenues received by the Town.

Actions authorized by the proposed resolution

The proposed resolution authorizes three actions – 1) It calls for a special election to be held

on November 3, 2020 which will be coordinated with Grand County. The Town Clerk is

designated as the Town’s election official and authorized to coordinate with the County

Clerk to conduct the election. 2) It authorizes the execution of an Intergovernmental

Agreement (IGA) with the County to have them conduct the special election. 3) It approves

the ballot language to be placed on the special election ballot.

Recommendation

It is a policy decision for the Town Council to decide if they wish to call for a special election

to have the “de-Gallagher” question considered by Winter Park residents. Placing this

question on the November ballot in conjunction with Grand County and other municipalities

allows for a larger community outreach and education effort.

Should the Town Council wish to call for the special election and the other actions outlined

in the resolution, the following motion should be made:

I move to approve Resolution 1796 calling for a special election on November 3, 2020,

approving the Intergovernmental Agreement with Grand County and submitting the

ballot issue to the voters as presented.

Should the Town Council not wish to call for a special election, the following motion should

be made:

I move to deny Resolution 1796 calling for a special election on November 3, 2020.

In the event the Town Council does not call for a special election, no further actions will be

taken by Town Staff. Should the Council call for a special election the Town staff will take

the actions outlined in the resolution and IGA. The Town staff will also work to provide

information to citizens regarding the ballot question. Staff cannot advocate for or against any

ballot questions placed on the special election.


contact me.

1 7/29/2020

Q:\USERS\WP\RES\2020\SPECIAL ELECTION-R072920.DOCX


SERIES OF 2020

A RESOLUTION CALLING A SPECIAL ELECTION ON NOVEMBER 3, 2020, APPROVING THE INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION BETWEEN THE TOWN AND THE GRAND COUNTY CLERK AND RECORDER, AND SUBMITTING A BALLOT ISSUE TO THE REGISTERED ELECTORS OF THE TOWN AT THE SPECIAL ELECTION

WHEREAS, pursuant to Section 2.3 of the Winter Park Home Rule Charter, a special municipal election may be called by resolution of the Council at least forty-five (45) days in advance of such election, and the resolution shall set forth the purpose or purposes of such election;

WHEREAS, the Town Council desires to call a special election to be held on November 3, 2020 as part of the state general election to submit one or more ballot issues regarding new or amended taxes to the electorate; and

WHEREAS, the Town Council desires to coordinate the special election with Grand County and, to do so, must enter into an intergovernmental agreement to define and clarify each party's obligations with respect to the election.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Winter Park, Colorado as follows:

1. A special election of the Town of Winter Park shall be held on November 3, 2020, which election shall be coordinated with Grand County and governed by the Uniform Election Code. The Town Clerk is hereby designated as the Town's election official and is authorized to coordinate the election with Grand County, including meeting applicable deadlines.

2. The intergovernmental agreement with Grand County is approved in substantially the form attached hereto, subject to final approval by the Town Attorney, and the Mayor is authorized to execute the intergovernmental agreement on behalf of the Town.

3. The following ballot question shall be submitted to the registered electors of the Town of Winter Park at the November 3, 2020 special election:

WITHOUT INCREASING TOTAL TAX REVENUES COLLECTED, SHALL THE TOWN OF WINTER PARK BE AUTHORIZED TO ADJUST ITS MILL LEVY ANNUALLY TO OFFSET REVENUE REDUCTIONS CAUSED BY STATE-IMPOSED CHANGES TO THE PERCENTAGE USED TO DETERMINE ASSESSED VALUATION, INCLUDING ANY CHANGES MADE PURSUANT TO THE 1982 GALLAGHER AMENDMENT TO THE COLORADO CONSTITUTION, SO THAT, TO THE EXTENT POSSIBLE:

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Q:\USERS\WP\RES\2020\SPECIAL ELECTION-R072920.DOCX

1. THE REVENUES GENERATED BY SUCH MILL LEVY ARE THE SAME AS THE TAX REVENUES THAT WOULD HAVE BEEN GENERATED HAD SUCH CHANGES IN THE METHOD OF CALCULATING ASSESSED VALUATION NOT OCCURRED, AND

2. THE TOWN CAN SUSTAIN ITS ABILITY TO PROVIDE BASIC PUBLIC SAFETY AND PUBLIC WORKS MUNICIPAL SERVICES; AND

SHALL THE PROCEEDS OF SUCH TAXES AND INVESTMENT INCOME THEREON BE COLLECTED AND SPENT BY THE TOWN AS A VOTER APPROVED REVENUE CHANGE IN 2020 AND IN EACH YEAR THEREAFTER, WITHOUT REGARD TO ANY SPENDING, REVENUE-RAISING, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR SECTION 29-1-301, COLORADO REVISED STATUTES, WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED AND SPENT BY THE TOWN?

YES ___

NO ___


TOWN OF WINTER PARK

_______________________________ Nick Kutrumbos, Mayor

ATTEST: _____________________________ Danielle Jardee, Town Clerk

A CONTRACT REGARDING THE CONDUCT AND ADMINISTRATION OF A

ELECTION TO BE HELD NOVEMBER 3, 2020

This Contract (“Contract”) is made and entered into as of August 25, 2020, by and between Town of Winter Park, a political subdivision of the State of Colorado, and the Grand County Clerk and Recorder (“County Clerk”).

RECITALS AND PURPOSES

A. Pursuant to section 18(2)(a) of Article XIV of the Colorado Constitution and section 29-1-203, C.R.S., the County Clerk (acting with authority from the Grand County Board of Commissioners, pursuant to the County’s Policy for the Purchasing of Goods and Services and Contracting) and the Local Government may cooperate or contract with each other to provide any function, service or facility lawfully authorized to each, and any such contract may provide for the sharing of costs, the imposition of taxes, and incurring of debt.

B. The Local Government has called for an election on the same day as the November General election and/or referred a ballot question to the electors of the November General Election (“Election”).

C. For purposes of this Contract, and pursuant to section 1-1-104(6.5), C.R.S, “coordinated election” means an election where more than one political subdivision with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the county clerk and recorder is the coordinated election official for the political subdivisions. The County Clerk is the coordinated election official pursuant to section 1-7-116(1), C.R.S. and the County Clerk is the chief designated election official for all coordinated elections pursuant to section 1-1-110(3), C.R.S.

D. Pursuant to section 1-7.5-104, C.R.S., the County Clerk must conduct the Election as an election by mail ballot under the supervision of the Colorado Secretary of State (“SOS”) subject to its rules and applicable statutes.

E. Pursuant to section 1-7-116(2), C.R.S., the Local Government and the County Clerk are required to enter into an agreement for the administration of their respective duties concerning the preparation, conduct and actual cost of the Election. The agreement must be signed no later than 70 days prior to the scheduled election.

F. The County Clerk and the Local Government have determined that it is in the best interests of the County and its inhabitants to cooperate and contract for certain services in connection with the Election as outlined below.

G. All parties must adhere to all applicable provisions of applicable law which are necessary or appropriate to the performance of the below duties. All parties will enforce all provisions of the Fair Campaign Practices Act as they may apply to the conduct of the Election.

COVENANTS AND PROMISES

In consideration of the mutual promises and covenants set out in this Contract, the sufficiency of which is acknowledged, the parties agree as follows:

1. Effective Date, Term and Application. This Contract is expressly written for the November 3, 2020 General Election and is effective from the date of the last party’s execution through December 31 of the year of the Election.

2. Designated Election Official. Pursuant to section1-1-104(8), C.R.S., the Local Government must appoint a designated election official responsible for assuring that the election is held according to Colorado statute. Except with respect to the duties carried out by the County Clerk as outlined below, Danielle Jardee, Town Clerk, whose phone number is 970.726.8081 x 208 will act as the Designated Election Official for the Local Government and act as the primary liaison between the Local Government and the County Clerk. The County Clerk, who is the clerk of the BoCC pursuant to section 30-10-402, C.R.S, will also serve as the Designated Election Official for the BoCC.

3. County Clerk Duties. The County Clerk will perform the following duties for the Election for the County:

3.1. Notify the Secretary of State (“SOS”) no later than one hundred and twenty days prior to the Election of the intent to conduct the Election as a mail ballot election. The notification must include a proposed plan for conducting the mail ballot election, which may be based on the standard plan adopted by the SOS. (Section 1-7.5-105(1), C.R.S.)

3.2. Place the ballot content text properly certified to the County Clerk upon the ballot. The County Clerk reserves the right to print the ballot content identifying information on the ballot and the ballot title pursuant to statute, SOS rules, and as may be directed by the SOS.

3.3. Appoint, provide written material to, train and pay a sufficient number of qualified election judges, as required by law.

3.4. Determine appropriate locations for the voter service and polling center locations required for the Election and submit those locations to the Colorado SOS as part of the mail ballot plan. Upon approval of the locations for voter service and polling centers, the County Clerk will ensure that each of those voter service and polling centers meets the requirements set forth in section 1-5-102.9, C.R.S., if applicable, and are open and appropriately staffed for the time periods and hours required by that statute.

3.5. If the Local Government ballot content includes one or more ballot issues under TABOR, then the County Clerk will:

3.5.1. Combine the text of the TABOR Notice produced by the Local Government with those of other districts and local governments to produce a combined Tabor Notice booklet.

3.5.2. Address the booklet to "All Registered Voters" at each address of one or more active registered electors of the Local Government. Nothing herein precludes the County Clerk from sending the TABOR Notice of the Local Government to persons other than electors of the Local Government if such sending arises from the County Clerk's efforts to mail the TABOR Notice booklet at "least cost."

3.5.3. Determine the order that the TABOR Notice submittal of the Local Government and of other jurisdictions will be placed in the TABOR Notice booklet; provided, however, that the materials supplied by the Local Government must be kept together as a group and in the order supplied by the Local Government.

3.5.4. Mail the TABOR Notice booklet, addressed as required by law no later than the date specified for such action in the Election Calendar published by the SOS for the applicable election date.

3.5.5. Provide an office address and telephone number for incorporation into the TABOR Notice. Such information will be agreed upon in writing no later than 42 days prior to the Election. The designated office will be open during the County Clerk's regular business hours, 8:00 a.m. to 5:00 p.m. Monday through Friday.

3.5.6. Write, print, and incorporate any notice to be included in the TABOR Notice booklet that may inform the elector of the voter service and polling center locations and ballot drop-off locations or that may provide other information as may be required by law.

3.6. Post and/or publish any legal notices of the Election as required by law other than notices required to be posted or published specifically for the Local Government’s election for which the Local Government is responsible.

3.7. Prepare and coordinate the printing of the ballot packets, which will include the Local Government’s ballot content, on State certified hardware and software. The mail-in ballots will have one inch ballot stubs attached.

3.8. Mail all ballots, program voting equipment, and procure other necessary and miscellaneous election supplies.

3.9. Respond to all correspondence and calls that the County Clerk receives that are within the County Clerk’s expertise relating to election procedures; refer inquiries

concerning the substance of ballot content or the operations of the Local Government to the Local Government’s Designated Election Official.

3.10. Select and oversee the conduct of the Board of Canvassers and the Testing Board. The Board of Canvassers will prepare the Canvass of Votes and the Completion of the Abstract.

3.11. Notify the Local Government of the dates, times, and place of the Logic and Accuracy Tests (LAT) and the Risk Limiting Audit.

3.12. Contact the news media (newspaper and radio) regarding the date, time and place of the LAT.

3.13. Prepare and run the required LAT. The County will make the determination of who attends the LAT.

3.14. Provide voter registration lists as necessary for the procedures for processing ballots and determining voter eligibility.

3.15. Use the County's electronic/mechanical vote counting equipment to process the counting of ballots. The County Clerk will determine the location of vote counting equipment as required by law.

3.16. Process the unofficial results of the Election at the Grand County Courthouse. The unofficial results will be emailed to the Local Government if the Designated Election Official is not present at the Courthouse.

3.17. Defend and resolve at the sole expense of the County all election challenges and costs associated with a recount that is not in any way associated with the Local Government or any other jurisdiction for which the Election is being held.

3.18. Allow poll watchers in accordance with applicable law.

3.19. Securely store all election materials as required by applicable law, including but not limited to unissued, voted returned and returned unvoted ballots for the period of time required by the Colorado Revised Statutes, except for any Election supplies and materials as the County Clerk may designate for the Local Government to store.

3.20. Invoice the Local Government for all applicable charges and expenses.

4. Local Government Duties. In consideration of the foregoing, the Local Government agrees to perform the following tasks and activities:

4.1. Obtain and provide to the County Clerk no later than eighty (80) days prior to the Election all required voter registration lists for the Local Government.

4.2. Obtain, provide, and certify to the County Clerk by September 11, 2020 all required land owner lists for the Local Government.

4.3. Provide the County Clerk with a certified copy of the ordinance or resolution stating that the Local Government will participate in the Election in accordance with the terms and conditions of this Contract. The ordinance or resolution must authorize the presiding officer of the Local Government or other designated person to execute this Contract.

4.4. Post and/or publish any legal notices of the Local Government’s election as required by law.

4.5. Accept the location of the voter service and polling centers and ballot drop-off locations established by the County Clerk. If requested by the County Clerk, the Local Government will also provide a secure ballot drop-off location at the Local Government’s office or other location mutually acceptable to the County Clerk and the Local Government.

4.6. No later than September 4, 2020 at 5:00 pm. certify the ballot content and certify the order in which ballot content will appear by submitting same in WORD format to the County Clerk via email attachment with receipt confirmed by the County Clerk or County Election Deputy. The certified ballot text will be final and the County Clerk will not be responsible for making any changes after the certification, except those prescribed by statute. The Local Government’s Designated Election Official must sign the certification.

4.7. If the Local Government ballot content includes one or more ballot issues subject to TABOR, then the Local Government will:

4.7.1. Prepare the text of the TABOR Notice. The TABOR Notice (as described below) must be submitted to the County Clerk at least forty-two days before the Election (no later than September 21, 2020 at 5:00 p.m.) pursuant to section 1-7-904, C.R.S. Such notice must be provided to the County Clerk in WORD format via email attachment with receipt confirmed by the County Clerk or County Election Deputy. The TABOR Notice will include:

4.7.1.1. Fiscal information as required by law;

4.7.1.2. Two summaries, one for and one against the proposal, of written comments filed with the Local Government’s Election Officer by the end of the business day on the Friday before the forty-fifth day before the election (no later than September 18, 2020 at 5:00 p.m.).

4.7.2. Include within its TABOR Notice, ballot titles in the order of preference.

4.7.3. All pros and cons regarding the Local Government election will be filed with the Designated Election Official for the Local Government and be available for public inspection.

4.7.4. Proofread and approve the TABOR notice content for printing within four (4) hours of receipt of the County Clerk’s request for proofing.

4.7.5. Incorporate a local election office address and telephone number into its TABOR notice. Such local election office and telephone must be open during the County Clerk’s regular business hours.

4.8. Review, proofread, and approve the layout, format, and text of the official ballot and provide written notice acknowledging the layout and text of the sample and official ballots no later than September 14, 2020 (50 days prior to the date of the election) or within four (4) hours of receipt of the ballot proofs from the County Clerk, whichever occurs first.

4.9. Ensure that the Local Government’s Designated Election Official is readily available for the purposes of consultation and decision-making on behalf of the Local Government and for receiving and timely responding to inquiries made by voters or others interested in the Local Government’s election.

4.10. Provide a representative who is a registered voter in Grand County to serve as a member of the Board of Canvassers, to view the Logic and Accuracy Tests tentatively scheduled for September 16, 2020 the Risk Limiting Audit (occurs after the Election), and to participate in a recount, if required.

4.11. In the event the Local Government requires an Abstract separate from the Canvass of Votes and the Completion of the Abstract prepared by the Board of Canvassers, the Local Government will provide the County Clerk the required forms prior to November 20, 2020, the date by which the Board of Canvassers will prepare the Canvass of Votes and the Completion of the Abstract, provided all Provisional Ballots have been processed and counted.

4.12. Pick up election materials from the County Clerk when requested following the Election.

4.13. Store all Election materials, not stored by the County Clerk, for that time required by the law.

4.14. Issue Certificates of Election of ballot content upon receipt of the official results from the County Clerk. Any additional Certificates of Election which are required by law

to be forwarded to another division of government is the responsibility of the Local Government.

4.15. Pay all election costs outlined in this Contract within 30 days of receipt of a statement from the County Clerk and promptly pay Local Government’s prorated share of all other election costs, including miscellaneous election supplies, mailing ballot envelopes, secrecy sleeves, etc.

5. Cancellation of Election by the Local Government. If the Local Government resolves not to hold its election, then notice of such resolution must be provided to the County Clerk immediately. The Local Government will promptly pay the County Clerk its pro rata share of the full actual costs of the activities of the County Clerk relating to the Election incurred before and after the County Clerk's receipt of such notice. In the event that the Local Government resolves not to hold the election after the last day for the Local Government’s Designated Election Official to certify the ballot order and content to the County Clerk, the text provided by the Local Government cannot be removed from the ballot and/or the Ballot Issue Notice (TABOR Notice). The Local Government will publish notice of such cancellation or withdrawal of ballot content in accordance with applicable law.

6. Estimated Cost.

6.1. The County will be responsible for the salary of the County Clerk and permanent Election Deputies, except as otherwise specified in this Contract.

6.2. The Local Government will be responsible for all expenses solely related to the Local Government for the preparation, conduct and conclusion of the Election or cancellations relating to the Local Government’s participation in the Election.

6.3. In the event of a recount concerning only Local Government election ballot content, the Local Government will bear all costs associated with a recount, depending on the type of recount. If a recount involves in addition to the Local Government, the County and/or other jurisdictions, the Local Government will pay its pro rata share of costs for the recount.

6.4. All other expenses incurred to carry out the above duties unless otherwise specified, including expenses of election judges, technical personnel, Board of Canvassers and Testing Board, printing of ballots, mailing of ballots and TABOR notices, miscellaneous election supplies, mail ballot envelopes, secrecy sleeves, etc., will be shared as a prorated expense among the County, the Local Government and any other jurisdiction participating in this Election. The rough estimated cost of the Election for the Local Government is $5.00 per registered voter in the District. It is understood and agreed that the cost of the Election to each jurisdiction may vary and each jurisdiction may incur a greater or lesser expense than the estimated cost, depending on the number of jurisdictions participating in this Election.

7. Notices. Any and all notices required to be given by this Contract are deemed to have been received and to be effective: (1) three days after the same have been mailed; or (2) immediately upon hand delivery. Notices will be addressed as follows:

County Clerk: Local Government: Grand County Clerk & Recorder Town of Winter Park Attention: Sara Rosene Attention: Danielle Jardee, Town Clerk PO Box 120 P.O. Box 3327 Hot Sulphur Springs, CO 80451 Winter Park, CO 80482

8. Limit of Liability. In the event a court of competent jurisdiction finds the election for the Local Government was void or otherwise fatally defective as a result of the sole breach or failure of the County Clerk to perform in accordance with this Contract or laws applicable to the Election, the Local Government will be entitled to recover expenses or losses caused by such breach or failure up to the maximum amount paid by the Local Government to the County Clerk under this Contract. In no event will the County Clerk be liable for any expenses, damages or losses in excess of the amounts the Local Government paid under this Contract. This remedy is the sole and exclusive remedy for the breach available to the Local Government under this Contract.

9. Timeframes. Time is of the essence under this Contract. The statutory time frames or requirements of applicable law apply to the completion of any duties or tasks required under this Contract.

10. Amendment. This Contract may be amended only in writing signed by the parties.

11. Integration. The parties acknowledge that this Contract constitutes the sole agreement between them relating to the subject matter hereof and that no party is relying upon any oral representation made by another party or employee, agent or officer of that party. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Contract are of no force and effect. This Contract fully supersedes any previous agreements between the parties with respect to the subject matter.

12. Conflicts of this Contract with the Law, Impairment. In the event that any provision in this Contract conflicts with the law, this Contract will be modified to conform to such law or resolution.

13. Third Party Beneficiary. The enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement, are strictly reserved to the County Clerk and the Local Government, and nothing contained in this Contract gives or allows any claim or right of action whatsoever by any other or third person. It is the express intent of the parties to this Contract that any person receiving services or benefits under this Contract be deemed an incidental beneficiary only.

14. No Waiver. No waiver of any of the provisions of this Contract constitutes a waiver of any other of the provisions of this Contract, and no such waiver constitutes a continuing waiver, unless otherwise expressly provided in this Contract, nor will the waiver of any default under this Contract be deemed a waiver of any subsequent default.

15. Appropriation. The Parties’ obligations under this Contract outside the current fiscal year are conditioned on the prior appropriation of good and sufficient funds for such purpose, pursuant to section 29-1-110, C.R.S. The Parties affirmatively assert that each has budgeted sufficient funds for its obligations under this Contract for the year it was executed.

County Clerk: Local Government _______________________ ____________________________ Sara L. Rosene By: _________________________ Grand County Clerk and Recorder Title: _______________________ T: 970-725-3110 T: Fax : 970-725-0100 Fax: Date:__________________ Date: _______________________

TO

FROM

CC

DATE

RE

Background

The Town Council on June 26 held their annual retreat to outline priorities for the coming

several years. After significant discussion by the Town Council, the attached listing of

priorities was proposed. These priorities were discussed further at the July 21 workshop,

with modifications requested by the Town Council. The priorities are to provide guidance to

Town staff and establish initiatives to be accomplished over the next several years. The

proposed priorities are presented for formal adoption by the Town Council.

Analysis

Each year the Town Council holds an annual retreat to establish priorities to be

accomplished by the Town staff during the coming years. Because the annual retreat is held

during the second quarter of the year, the priorities establish general direction for the next

eighteen months to three year. The staff will take these objectives into consideration as the

formation of the proposed FY 2021 budget begins.

The items shown are listed in the priority of the Town Council – meaning the higher the item

is shown, the higher of a priority it is to the Council. The priorities are not exclusive in that

the first priority does not need to be finished before proceeding to the second. These

priorities as a whole give the Town staff direction to undertake objectives concurrently as

resources allow. The Town Council may amend, add or delete to the priorities that are

established on this list through a vote of the Council.

Recommendation

It is the Town Council’s prerogative to adopt the priorities as presented. Should the Town

Council wish to adopt these priorities, the following motion should be made:

I move to approve Resolution 1797 establishing priorities for 2020-2021 as presented.



July 31, 2020

Town Council 2020 – 2021 Priorities

Should the Town Council wish to deny the objectives as presented, the following motion

should be made:

I move to deny Resolution 1797 establishing priorities for 2020-2021 as presented.

Should the priorities not be adopted, the Town Council may continue discussion to establish

priorities to provide guidance to Town staff for the future.


contact me.

7/31/2020


SERIES OF 2020

A RESOLUTION ADOPTING PRIORITIES FOR 2020 - 2021

WHEREAS, on June 26, 2020 the Town Council held an annual planning session to discuss priorities to guide Town projects and initiatives and the formation of the fiscal year 2021 budget; and

WHEREAS, the Town Council developed the listing of priorities through discussion among the elected officials and with input from key staff members, arriving at a list of priorities as shown in the attached list.

NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Winter Park, Colorado that the Priorities for 2020 – 2021 as shown in the attachment are hereby adopted.


TOWN OF WINTER PARK

___________________________________ Nick Kutrumbos, Mayor

ATTEST: _____________________________________ Danielle Jardee, Town Clerk

Council objectives/priorities for 2020 - 2021

1. Coordinated response to COVID-19 impacts – short-term needs and long-term effects

2. Advance housing projects within Winter Park and Fraser Valley

3. Increase Winter Park’s year-round population = be in line w/ the vision statement

4. Pursue infrastructure improvement plans (broadband & community connectivity through transit,

trails, train) and address negative impacts where infrastructure is lacking (Vasquez Road dispersed

camping issues)

5. Improve communication and relationship building w/ Town’s strategic partners

6. Update the Town’s marketing/special events strategy and direction for the Chamber of Commerce

7. Form an economic development committee

8. Continue planning efforts for the downtown/resort connection (gondola)

9. Financial planning and stabilization – diversification of revenues, development of planning models

10. Environmental sustainability initiatives

11. Update zoning code and development regulations

Council objective for 2019-2020

1. Housing projects – want substantive movement (beds on-line in 18 months)

2. Creation of a new/updated vision statement

3. Analysis and outline of direction for activation and management of Hideaway Park

4. Clearly outline budgets and expectations for Chamber of Commerce agreement

5. Develop measure for gauging the health of the community/citizen satisfaction

6. Elevate community awareness, pursue partnerships and research options for addressing

community health issues.

7. Maintain strong inter-governmental relationship efforts – including USFS

8. Develop and host a citizen academy/Winter Park 101 program

9. Advance the Public Works and Transit facility projects

10. Pursue the voluntary annexation of Beaver Village

11. Formalize sustainability action plan and implement projects, pursue membership in policy

formation group such as CC4CA

12. Continue efforts/plans for the annexation and potential development of the Pyne property

WINTER PARK TOWN COUNCIL MEETING AGENDA · 8/4/2020 · Winter Park Town Council, July 21, 2020...

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Transcript of WINTER PARK TOWN COUNCIL MEETING AGENDA · 8/4/2020 · Winter Park Town Council, July 21, 2020...