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HomeMy WebLinkAboutPACKET Public Safety 1994-03-174 'h PUBLIC SAFETY COMMITTEE March 17, 1994 8:30 A.M. FIRE DEPARTMENT 1. Firelane Signage 2. Fire Station Planning Study POLICE DEPARTMENT 1. Firelane Signage Alleyway adjacent to Estes Silver & Gold 2. Discussion of Underage Drinking Ordinance Sentencing Provision 3. Ordinance - Court Costs REPORTS 1. Correspondence - None this month * The committee reserves the right to consider other appropriate business not available at the time the agenda was prepared. it Akfgf TOWN OF ESTES PARK 12 r 'W€,A>ke;2., vb i-EN\ 13 /Or /"41 9'11/VAL:74 i-;2. 61€ ·' J. ' < 7.''A h f.0 - 2-7- . - 1---; rbi~Njk#17*1~$~-*kS :/4, ' 59 - I- UR 5 -e March 14, 1994 TO: Public Safety Cammittee FROM: Rich Widmer Fhi./L.-0.0.-0. Assistant Towry Administrator RE: FIRE STATION PLANNING STUDY It is anticipated that the fire station will need to be relocated to a less congested area and possibly enlarged within the next few years. This need was anticipated in the 1994 Budget, by including funds for a planning study. I have met with Roger Thorp and representatives of the fire department to discuss this study. Included in your packet is a copy of a contract with Thorp Associates to perform a planning study for relocating the fire station. Included in this effort is evaluation of potential project sites, schematic design work, and a preliminary cost estimate. As an important part of this work, Mr. Thorp plans to meet and confer with representatives of the Estes Park Volunteer Fire Department and Loveland Fire Department for assistance in determining the optimum site and building layout. All work under this contract would be completed prior to finalization of the 1995 Budget. The proposed contract price of $10,000 is within the budgeted amount. For a project of this relatively small size, it is not efficient to seek proposals from a number of firms, nor is the town required to "bid" this type of project. For these reasons, and because the town has worked well with Mr. Thorp on a number of successful projects in the past, staff recommends approval of this contract. T '' L I ./ IA Thorn Associates, P.C. Architects and Planners ARCHITECTURAL SERVICES AGREEMENT BETWEEN OWNER AND ARCHITECT OWNER: TOWN OF ESTES PARK c/o The Honorable H.B. Dannels, Mayor P.O. Box 1200 Estes Park, Colorado, 80517 ARCHITECT: THORP ASSOCIATES, P.C., Architects and Planners RO. Box 129 Estes Park, Colorado, 80517 AGREEMENT DATE: Agreement made as of the Fourth ( 4th) day of March in the year of Nineteen Hundred and Ninety-Four ( 1994). PROJECT DESCRIPTION: Development of a Municipal Fire Station Planning Study, to determine and recommend the best Project location within the Estes Valley, (based on response time, accessibility, safety, etc.), as well as Schematic Architectural Services for the proposed facility, to illustrate siting, floor plan layout, and exterior building character. Services shall also include a Schematic Cost Es€rnate of Building Construction. The Owner and the Architect agree as set forth below. r , TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE-1 2. Making revisions in Drawings or other documents when such revisions are ARCHITECTS SERVICES AND inconsistent with written approvals or RESPONSIBILITIES instructions previously given, or are due to , other causes not solely within the control of L BASIC SERVICES . GENERAL the Architect. A. The Architecfs Basic Se]vices are included in a 3. Development of Architectural Rendering or single phase of work as described below, and Presentation Model. include all required engineering and consulting services. VII. TIME 1. Evaluation of Potential Project Sites A. The Architect shall perfonn Basic and Additional a. The Architect shall work with approved Services as expeditiously as is consistent with fire/safety consultants, Town staff, and professional skill and care and the orderly local ire department officials to evaluate progress of the Wolic The Architect shall submit various potenlial Project sites, and make for the Ownefs approval a schedule for the recommendations in a bound report performance of the Architects services. 2. Schematic Architectural Design a. The Architect shall review the Project ARTICLE 2 Program developed with the Owner, Fire Department officials and consultants, THE OWNERS RESPONSIBILITIES and shall review with the Owner alternative approaches to design and L SCOPE OF OBLIGATIONS construction of the Project. A. The Owner shall provide full information b. Based on the program, the Architect regarding requirements for the Project including shall prepare Schematic Design the Ownefs design objectives, constraints and Documents, consisting of drawings, criteria, and shall be available to review and sketches, and other documents to fix and evaluate Schematic Design information and describe the size, layout and character of drawings developed by the Architect. the Project as to architectural, stmctural, B. The Owner shall be involved in the evaluation of mechanical, and electrical systems. Planning and Schematic Design Documents. c. 'Ihe Architect shall submit to the Owner including costs estimates, and shall render a Statement of Probable Construction approvals and decisions as expeditiously as Cost, based on the Schematt Design necessary for the orderly progress of the Documents. ArchitecCs services. 3. Final Report C. The Architect shall be entitled to rely upon the a. The Architect shall summarize the accuracy and completeness of all services, professional services rendered, planning information, surveys and reports which are issues explored, and architectural design furnished by the Owner. developed in a final bound report, to be submitted to Client at completion of ARTICLE 3 services. REIMBURSABLE EXPENSES n. ADDITIONAL SERVICES - GENERAL L Reimbursable Expenses are in addition to the A. The following Services are not included in Basic Compensation of Basic and Additional Services Services. They shall be provided if authorized or and are to be reimbursed at 1.10 (110%) times confirmed in writing by the Owner and they shall the actual expenditures made by the Architect be paid for by the Owner, as provided in this and uie Architecf s employees and consultants in Agreement, in addition to lhe compensation for the interest of tile Project and shall include but Basic Services. are not limited to lhe expenses listed in the 1. Providing services of a soils investigation following Sub-paragraphs. and attendant report for use in evaluating A. Transportation and out-of-town subsistence various site and foundation designs. incurred in connection with the Project long distance telephone and telegraph then the non-defaulting party shall be entitled to communications; all fees paid to regulatory terminate thie Agreement or continue the Agreement agencies; reproductions and blueprints, Express in full force and effect. The non-defaulting palty Mail, Air Freight, Federal Express, facsimiles, shall be entitled to all damages resulting from said postage and handling fees for drawings and other default, including, but not limited to, reasonable documents; use of data processing and photocopy attorneys' fees, expert witness fees and COUIt COStS reproduction; overtime requested by Owner; incurred by the non-defaulting party. models, mock-ups, photos, presentation and malketing materials. AITICI.La Nmill.1 TERMINATION OF AGREEMENT This Agreement may be terminated by the Owner in its L PAYMENTS ON ACCOUNT OF BASIC sole discretion, upon giving five (5) days written SERVICES notice to the Architect In the event of said Payment for Basic Services shall be made monthly and termination by the Owner, the Architect shall be shall be in propottion to services performed, on the compensated for all service perfonned to date of basis set forth in Article 12. termination, together with all reimbursable expenses then due. IL PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AR Payments on account of the Architecfs Additional Services as defined in Article 1, Section n and for MISCELLANEOUS PROVISIONS Reimbursable Expenses as defined in Article 3 shall be I. UNLESS OTHERWISE specified. this made monthly upon presentation of lile ArchitecCs Agreement shall be governed by the laws of the statement of services rendered or expenses incurrei State of Colorado. AIMICILE.i IL THE ARCHITECT shall acquire and maintain in the amount and coverages specified ARCHITECTS ACCOUNTING RECORDS by the Town, statutory Workmen s Records of Reimbursable Expenses and expenses Compensation insurance coverage, employefs pertaining to Additional Services shall be kept on the liability coverage, comprehensive general basis of generally accepted accounting principles and liability insurance coverage, professional liability shall be available to the Owner or the Ownefs insurance coverage, comprehensive auto liability authorized representative at mutually convenient coverage, and any olher insurance as may be times. mutually agreed upon by the parties. All such insurance shall, to the extent available to the AanCLE.6 Architect, be maintained in amounts as are normally carried by architects for comparable OWNERSHIP AND USE OF DOCIJMENTS projects or in such additional amounts as may be The drawings and other documents furnished by the mutually agreed upon by the parties. The Town Architect are instruments of service and shall not will be an additional insured under the become the property of the Owner, whether or not the comprehensive general liability insurance Project for which they are made is commenced. coverage. Drawings and other documents furnished by the Architect shall not be used by the Owner on other TIT. THE ARCHITECT shall cause any consultant projects, unless the Architect is in default under part 1, contracted with Architect to procure and for completion of this Project by others. The maintain the amount of insurance coverage Architect hereby agrees to provide Owner, at Owner's specified by the Town. All coverage, including cost, reproducible copies of all the drawings and other that of both the Architect and any consultant, documents furnished by the Architect for this project. shall be conunuously maintained to cover all Owner shall be entitled to use said reproducible liability, claims, demands and other obligations copies for any purpose, except as stated above, assumed by the consultant in this agreement. In provided Owner is not in default under Article 7. the case of any claims-made policy, the necessary retroactive dates and extended ARTICLE.1 reporting periods shall be procured to maintain such conunuous coverage. DEFAULT In the event either party is in default, pursuant to the 81//MILE-11 terms and conditions of this Agreement, the non- defaulting party shall give the defaulting party five (5) SUCCESSORS AND ASSIGNS days written notice of said default. If said default has The Owner and the Architect, respectively, bind not been corrected withm said five (5) day period, themselves, their partners, successors, assigns and i legal representatives to the other party to this follows: Agreement and to the partners, successors, assigns and legal representatives of such other party with respect Principal $75.00/hr to all covenants of this Agreement Neither the Owner Project Architect $60.00/hr nor the Architect shall assign, sublet, or transfer any Job Captain $48.00/hr interest in this Agreement without the written consent Draftsman I $35.00/hr of the other. Draftsman n $30.00/hr Office Manager $20.00/hr ARIICLE--11 Clerk/rypist $16.00/hr EXTENT OF AGREEMENT B. The cost of Additional Services shall be billed This Agreement represents the entire and integrated out monthly in addition to billings for Basic agreement between the Owner and the Architect and Services. ,supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement IV. FOR REIMBURSABLE EXPENSES, as may be amended only by written instrument signed by described in Article 3, a multiple of 1.10 (110%) both Owner and Architect. times the amounts expended by the Architect, the Architects employees and consultants in the ABIIC12.11 interest of the Project. BASIS OF COMPENSATION V. PAYMENTS DUE THE ARCHITECT and unpaid for thirty (30) or more days under this L THE OWNER SHALL compensate the Agreement shall bear interest from the date Architect for the Scope of Services provided, in payment is due at the rate of one and one-half accordance with Article 4, Payments to the percent ( 1.5% ) per month. Architect, and lile other Terms and Conditions of this Agreement. VI. THE OWNER AND THE ARCHITECT agree in accordance with the Terms and Conditions of IL BASIC COMPENSATION this Agreement that: A. FOR BASIC SERVICES, as described in A. IF THE SCOPE of the Project or of the Articles 1. Basic Compensation shall be a fee ArchitecCs Services is changed materially, the of Ten Thousand Dollars ($10,000.00). amounts of compensation shall be equitably adjusted. IIL ADDITIONAL SERVICES COMPENSATION B. IF THE SERVICES covered by this Agreement have not been comr:,pred A. IF ADDmONAL SERVICES are required within Twelve ( 12 ) months of th* G ..1. beyond those called out in Article 1, the Architect hereof, through no fault of the Amhitect, int shall provide those services as per the Ownefs written amounts of compensation, rates and multiples set request in accordance with the hourly rate schedule as forth herein shall be equitably adjusted. This Agreement entered into as of the day and year first written above. OWNER: ARCHITECT: Town of Estes Park Thorp Associates, P.C. c/o The Honorable H.B. Dannels, Mayor Roger M. Thorp, President P.O. Box 1200 P.O. Box 129 Estes Park, Colorado, 80517 Estes Park, Colorado, 80517 BY: BY: 43*96- 139) ·. 1~4 - ATTEST ArrEST. 22*».»CO..4/. okca-/AA_/ ORDINANCE NO. 20-93 AN ORDINANCE ADDING CHAPTER 9.20 TO THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to add a new Chapter 9.20 to the Municipal Code of the Town of Estes Park. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Municipal Code of the Town of Estes Park is amended by the addition of Chapter 9.20 as follows: 9.20.010 Underage Possession and Consumption of Ethyl Alcohol. A. It is unlawful for any person under twenty-one (21) years of age to: 1. Obtain or attempt to obtain any ethyl alcohol by misrepresentation of age or by any other method in any place where ethyl alcohol is sold; or 2. Possess any ethyl alcohol in any store, in any public place, including public streets, alleys, roads or highways or upon property owned by the State of Colorado or any subdivision thereof, or inside vehicles while upon the public streets, alleys, roads or highways; or 3. Possess any ethyl alcohol anywhere in the Town of Estes Park, Colorado, other than those locations specified in subsection A. 2. of this section; or 4. Consume ethyl alcohol anywhere in the Town of Estes Park, Colorado. 9.20.020 Violations and Defenses. A. Violation of any provision of subsection A of Section 9.20.010 shall be a strict liability offense. It shall be an affirmative defense to the offenses described in subsection A. 2. through A. 4. of Section 9.20.010, above that the ethyl alcohol was possessed or consumed by a person under twenty-one years (21) of age under the following circumstances: 1. While such person was legally upon private property with the knowledge and the consent of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of his parent or legal guardian who was present during such possession or consumption; or 2. When the existence of ethyl alcohol in a person's body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by Section 25- 5-410(1)(i)(II), C.R.S. or the ingestionof anysubstance which was manufactured, designed or intended primarily for a purpose other than oral human ingestion, or the ingestion of any substance which was manufactured, designed or intended solely for medicinal or hygienic purposes, or solely from the ingestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight; 3. The possession or consumption takes place for religious purposes protected by the First Amendment to the United States Constitution. 9.20.030 Evidence. A. Prima facie evidence of the violation of 9.20.010 of this section shall consist of: 1. Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed ethyl alcohol anywhere in the Town of Estes Park, Colorado; or 2. Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while piresent anywhere in the Town of Estes Park, Colorado. B. During any trial for a violation of a provision of this chapter, any bottle, can or any other container with labeling indicating the contents of such bottle, can or container shall be admissible into evidence, and the information contained on any label on such bottle, can or other container shall be admissible into evidence and shall not constitute hearsay. The fact finder may consider the information upon such label in determining whether the contents of the bottle, can or other container were composed in whole or in part of ethyl alcohol. A label which. identifies the contents of any bottle, can or other container as "beer, " "ale, " "malt beverage, " " fermented malt beverage, " "malt liquor, " "wine, " „CYIuilt,"' „schnapps, " " "gin, 11 11 rum, " "armangnac," " vod]<:431 , " "whiskey, "brandy," "cognac," "liqueur," "cordial, u "alcohol, " or "liquor" shall constitute prima facie evidence that the contents of the bottle, can or other container was composed in whole or in part of ethyl alcohol. 9.20.040 Definitions. As used in this section, unless the context other requires: A. "Ethyl alcohol" means any substance which is or contains ethyl alcohol and includes fermented malt beverage, malt liquor, vinous liquor and spirituous liquor as defined in the Colorado Beer Code and Colorado Liquor Code. B. "Possession of ethyl alcohol" means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control. C. "Private property" means any dwelling and its curtilage which is being used by a natural person or natural persons for habitation which is not open to the public, and privately owned real property which is not open to the public. Private property shall not include any establishment which has or is required to have a license pursuant to Article 46, 47 or 48 of Title 12, C.R.S., or any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold or any establishment which leases, rents or provides accommodations to members of the public generally. 9.20.050 Sentencing. A. Immediately upon a plea of guilty or no contest (except when such a plea is entered in conjunction with a deferred sentence), or a verdict of guilty by the court or jury, to a violation of subsections A. 1. or A. 2. of Section 9.20.010, in addition to any other penalty, the Court shall require the offender to immediately surrender his driver's, minor driver's or provisional driver's license, to the Court. The Court shall forward to the Colorado Department of Revenue a notice of conviction, together with the offender's license, not later than ten (10)- days after the conviction becomes final. B. It is unlawful for any person to fail to surrender his license to the Court within three (3) days of his plea of guilty or no contest, or verdict of guilty to a violation of subsection A. 1. or A. 2. or section 9.20.010. C. The Court may, in its discretion and as part of the sentence to be imposed, require a person convicted of violating any portion of this section to complete court-approved public service in an amount to be set by the Court. Section 2. This Ordinance shall take effect and be in force thirty days after its adoption and subsequent publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS q2112 DAY OF NOVEMBER, 1993 . TOWN OF ESTES PARK Mayor , ATTEST: 92/Loo · «,u Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the c73.4 day of November, 1993, and published in a newspaper of ~eneral circulation in the Town of Estes Park, Colorado on the a?6 - day of November, 1993 . *1.2 0 gA-ad Town Clerk t MAR 0 9 1994 March 10, 1994 Public Safety Committee Town of Estes Park, Colorado The Town Administrator requested my input regarding sentencing as you give additional consideration toward sentencing and/or additional penalties pursuant to the Underage Alcohol Possession Ordinance #20-93. My personal convictions re- garding the appropriateness of the driver's license forfeiture are fairly well known. This is completely separate from the legality of the provision. If the legality of the provision comes before the court on a particular case, the court will enter a decision. I will not give a decision prior to that time as it is not ripe. The driver's license issue is between you and your town attorney at this point. With regard to sentencing in general, the municipal court's penalty limits are up to 90 days incarceration and/or a maximum $300.00 fine. In addition I may order in appropriate cases community service, classes or treatment counseling at the expense of the defendant. This gives the court rather broad alternatives regarding appropriate sentences. If our first goal at this court level is building good citizenship within individuals, the flexibility is important. I would solicit your seeking community service to the Town, approving and recommending same as an alternative. The court would then approve or disapprove them as well. The driver's license forfeiture is mandatory under the terms of the ordinance. The only exception is in the case of a deferred sentence. A deferred sentence requires a plea of guilty by the defendant. It disappears if the defendant meets the terms of the deferral. In some administrative considerations (e.g. the military) a deferral in alcohol related cases is consi dered like a guilty plea. I do not know about college or insurance considerations. Good luck in your deliberations. ->ary R. Brown A . 1 *-.-*< f , 6.W *LAEN- ~'J 0 6- E--· . MEMORANDUM TO: Board of Trustees FROM: Gregory A. White DATE: February 28, 1994 RE: Ordinance-Court Costs Accompanying this memorandum is a proposed ordinance for assessing court costs for the Municipal Court. The Colorado Revised Statutes state that a Municipal Court Judge can assess court costs to help pay for the cost of the operation of the Municipal Court so long as the amount of said court costs have been approved by the Board of Trustees by ordinance. The accompanying ordinance authorizes said court costs. Costs for defendants who enter guilty pleas or are found guilty after trial are $15.00. Costs for any deferred sentence agreement or deferred prosecution agreement is $75.00. The difference in costs is that the deferred sentence agreements are actual written agreements between the defendant and the Town of Estes Park and require substantially more administrative time, including use of the Municipal Attorney's office, than the other types of matters. Both the $15.00 normal court costs and the $75.00 deferred sentence administrative fee are in line with costs assessed by other Municipal Courts within the northern Colorado hrea. ... ORDINANCE NO. AN ORDINANCE CONCERNING ASSESSMENT OF COSTS IN MUNICIPAL COURT, TOWN OF ESTES PARK NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Municipal Judge of the Town of Estes Park is hereby authorized, in his discretion, to assess costs in the amount of $15.00 against any defendant in Municipal Court who pleads guilty or nolo-contendere or who, after trial is found guilty o f an ordinance violation of the. Town of Estes Park. Section 2. The Municipal Judge is further authorized, in his discretion, to assess costs in the amount of $75.00 for an administrative fee including court costs against any defendant who enters into a deferred sentence or deferred prosecution agreement with the Town of Estes Park as the same relates to a violation of an ordinance of the Town of Estes Park. Section 3. This Ordinance shall be effective as of May 1, 1994. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES THIS DAY OF , 1994. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of March, 1994 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 1994. Town Clerk July 29,1993 TO: Chief Rac. FROM: Lt Filsin< 0 Reference: Fire £,aue In reference to the fire lane located to the north of Estes Silver and Gold I would make the following recommendations: The lane be signed at it's east end as follows; FIRE LANE - NO PARKING, LOADING OR UNLOADING PERMITTED BEYOND THIS POINT. A form letter be given to all business owners adjacent to the fire lane so that they could inform their delivery personnel of the proper points of delivery. 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