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Home My WebLink AboutPACKET Town Board 1993-02-23; 7-1 4 1,1. t' L - BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, February 23, 1993 7:30 P.M. AGENDA . Mayor Dannels - Presentation of Award of Financial Reporting Achievement to Finance Officer Vavra. PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated February 9, 1993. 2. Bills. 3. Committee Minutes: A. Light & Power, February 11, 1993. B. Public Works, February 18, 1993. C. Planning Commission, February 16, 1993 (acknowledgement only). 4. Liquor License Renewals: A. Associated Property Consultants, Inc., dba COACH HOUSE COMEDY STOP, Hotel & Restaurant License, 600 W. Elkhorn Ave. (Elkhorn Lodge). B. Alice Claire Ray, dba GAZEBO RESTAURANT & TAVERN, Hotel & Restaurant License, 225 Park Lane, includes Extended Hours. ACTION ITEMS: 1. Light and Power Committee, February 11, 1993: A. Cable System Franchise Agreement - Proposed outline. 2. Public Works Committee, February 18, 1993: A. M.D.C./Superior Metropolitan District Amended Windy Gap Payment Schedule - Approval of 8th Amendment. B. Resolution - Authorizing filing of Augmentation Plan with the Water Court. C. Rebate.Agreement with American Honda Education Corp. - Approval. D. Miscellaneous Equipment/Project Budget Expenditures - Approval: Skylights Mower Truckster ADA General Improvements Park Shop Addition E. Water Rate Ordinance (Water Connection Charges) - 1 ..... Adoption. F. RMC Scope of Services for 1993 Loop Project - Approval of Budget Expenditure. 3. Planning Commission: A. Public Hearing: Amended Plat of Lots 4, 5, 22 and 23, Block 8, Country Club Manor Addition, William, Mary June and Edward W. Myers/Applicant. 4. Resolution - Designating a public place to post notices. 5. Liquor Licenses: A. Show Cause Hearing: East Side Food Store, 3.2% Retail Beer License, 381 S. Saint Vrain Ave. B. Show Cause Hearing: Mountain Dew Liquor, Retail Liquor Store License, 182 S. Saint Vrain Ave. - Continue to March 9, 1993. C. Show Cause Hearing: National Park Village South aka The Country Store, 3.2% Retail Beer License, 900 Moraine Ave. D. Resolution - Setting public hearing date of March 23, 1993 for New Hotel and Restaurant Liquor License filed by The Event Center, Inc., 470 Prospect Village Dr. 6. Town Administrator's Report. A. Community Breakfast Program. 2 - FEB 2 1993 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 â€¢ Fax: 312/977-4806 January 29, 1993 Mr. Gary F. Klaphake Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, Colorado 80517 Dear Mr. Klaphake: We are pleased to notify you that your comprehensive annual finan- cial report for the fiscal year ended December 31, 1991 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Monte L. Vavra, Finance Officer. The Certificate of Achievement plague will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1991 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION 91 1--.4-~ Stephen J. Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 200, Washington, D.C. 20006 202/429-2750 â€¢ Fax: 202/429-2755 Z .E% 11 4.-O 0 3 4 1% 0 C.5 2% ro 4 1 Z M"i k4 0 0 ~.5 0 Z U U #2Â·19 1 ,-1 a) 21% 4 >0 - - -Â»- 0 2 44 &-4 ~ E U 44 (6 A Â·O A g li m E W # 4 60 f E ~8Â·Â·2 6) 0 m O W '2 .2 9, 2 2 e = 41 2 4 3 u -9 0 C Z m â‚¬ abt O C Ell -1! ike E 2. X -r-1 AO SU 2 44 0 U % Z 14 11 Elli % lilli . lili. I \\Un"" aiuuug Juatuluaaog 341 Aq paiuasu g Juatuaaailpv luauttuaa.03 01!a 101143Ultuisu! uaa 3055Â¥ 51331 V *Empodall 14!:I Ul ajualla )3[3 104 lepuvul,f lenuus asol,m s,jun JuatutuaaoB 35041 OJ paiuasaid ;uatuaaa,43 11} p=nu 159118!4 34; sluasaida.i puu sp.tupums uiniSoid 01 a.124PD o 1 paSp Â£66I '62 Aignuer The Government Finance Officers Association Â·Suluodailepuvulj,uatutuanoN iowal!(1 aaunoaTH of the United States and Canada aJDG Town 9Icturt of listes 1Park, Larimer County, Colorado, .... ................,19...... February 9 93 Minutes of a ....RegularÂ· Â·Â·Â·Â·Â· meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park 9th February 93 on the ..... ..dayof ................. ......., A. D. 19.... at regular meeting hour. Meeting called toorder by Mayor.................. ................................. Pro Tem George J. Hix Present: Mayor ProTem Hix Trustees: Norbert L. Aldrich, David Barker, Gary F. Klaphake, David Habecker Town Administrator Also Present: Gregory A. White, Town Attorney Vickie O'Connor Town Clerk #EsÂ¢ryl: Absent: H. B. Dannels, Mayor Robert L. Dekker, Trustee Stephen W. Gillette, Trustee Mayor ProTem Hix called the meeting to order at 7:42 P.M. PUBLIC INPUT. There was no public comment. CONSENT CALENDAR. 1. Town Board minutes dated January 26, 1993. 2. Bills. 3. Committee Minutes: A. Public Safety, January 28, 1993. B. Community Development, February 4, 1993. 4. Liquor License Renewals: A. Molly B Restaurant, Beer & Wine, 200 Moraine Ave. B. Roadside Productions, Inc., dba LONIGANS, Tavern, 110 W. Elkhorn Ave. C. Stanley Steamer Hotel Restaurant, Ltd., dba THE STANLEY HOTEL, Hotel & Restaurant, 333 Wonderview Ave., includes Extended Hours. It was moved and seconded (Aldrich/Habecker) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: Due to inclement weather, the Agenda was revised. 1. Water Rate Ordinance - Presentation. Public Works Director Linnane briefed the Trustees on the proposed Ordinance amending water connection charges. John Gallagher/Black & Veach Consultants, presented an updated report that addressed the customer share of system capacity, calculation of the water system development fee/capacity unit, proposed connection charges/capacity unit, proposed 1993 connection charge, schedule of existing connection charges, and comparison of existing and proposed connection charges. In summary, connection charges for single-family residential will be the same or slightly higher, multi-family will be approximately the same until a larger than 1" tap is Board of Trustees - February 9, 1993 - Page 2 requested, accommodations Will be higher, and non- accommodation commercial will be higher with the exception of very small shops. Trustee Habecker suggested a ' definition for an affordable dwelling be incorporated into the ordinance prior to adoption. There was no public comment. Due to inclement weather and upcoming revisions, it was moved and seconded (Habecker/Barker) adoption of the ordinance be continued to February 23, 1993 and it passed I unanimously. 2.A. Wagiti Bar & Grill. 247 W. Elkhorn Ave .. New Tavern Liquor License Application. Mayor ProTem Hix opened the public , hearing and declared a potential "conflict of interest." Town Attorney White conducted the public hearing and advised that Mayor ProTem Hix would not vote; however, he would retain his position as part of the quorum. Dennis Roberts/Applicant and John Phipps, Attorney presented the application advising that the restaurant should be open by May 1st, and a family-dining establishment is being i proposed. A petition containing 19 signatures in favor of the license was submitted. Public testimony was received from Lou Canaiy who suggested the Trustees consider putting a "cap" on liquor licenses. As there was no further comment, Town Attorney White closed the public hearing. Finding that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Aldrich/Habecker) the New Tavern Liquor License filed by Wapiti Bar & Grill, Inc. be approved, and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker and Habecker. Those voting "No" none. Those "Abstaining" Mayor ProTem Hix. B-D. Resolutions Setting Show Cause Hearings. Police Chief Racine briefed the Trustees on the Police Department's complaint against three liquor licensees. Town Attorney White read three (3) Resolutions setting Show Cause Hearings for the following: 04-93 East Side Food Store, 3.2% Retail Beer License, 381 S. Saint Vrain Ave. 05-93 Mountain Dew Liquor, Retail Liquor Store License, 182 S. Saint Vrain Ave. 06-93 National Park Village South, aka The Country Store, 3.2% Retail Beer License, 900 Moraine Ave. It was moved and seconded (Aldrich/Barker) Resolutions #4- 93, #5-93, and #6-93 be adopted and it passed unanimously. 3. Dick Pratt - Cable Television Public Access Television. Mr. Pratt commented that he was in the process of video-taping the meeting to make copies available for Estes Park's citizens; read a Trail Gazette newspaper article on the Town's role in the cable system franchise agreement; and demanded Cable Systems, Inc. be obligated to comply with the existing Franchise Agreement. Trustee Aldrich reviewed action by the Light and Power Committee on the Agreement, reiterating that a new ordinance will be written upon receipt of the newly-revised FCC regulations for cable systems. The Board confirmed that the Town has not taken a position opposing public access nor has the Board intended to belittle Mr. Prattls request for a public access channel. In rebuttal, Mr. Pratt stated the contract in effect should be enforced as written. No further action was taken. 4. Community Development Committee, February 4, 1993: Board of Trustees - February 9, 1993 - Page 3 A. Advertising Policy Committee - Reappointment. It was moved and seconded (Habecker/Barker) the Chamber of Commerce Director (Boschen), Terry Licence, Jerry Souers, Scott Webermeier and Steve Stamey be reappointed to 2-year terms on the aforementioned Committee, and it passed unanimously. The terms will expire January 1, 1995. ' B. Transportation Contract - Estes Park Trolley Corp.. Community Development Director reviewed the Contract for transportation services beginning approximately June 1, 1993 through September 6, 1993. Toll-free trolley service will be included for the Rally'n the Rockies and Longs Peak Scottish Highland Festival. Director Stamey stressed that the "Park and Ride" Program is not included in this Contract. It was moved and seconded (Barker/Aldrich) the Mayor be authorized to execute said Contract in the amount of $20,000 with the Estes Park Trolley Corporation, and it passed unanimously. 5.A. Amended Plat of Lots 4. 5. 22 and 23. Block 8. Country Club Manor Addition. William. Marv June and Edward W. Myers/Applicant. It was moved and seconded (Habecker/Aldrich) the Amended Plat of Lots 4, 5, 22 and 23, Block 8, Country Club Manor Addition be continued to February 23, 1993, and it passed unanimously. B. Special Review #93-1. Hospital Addition. Estes Park Medical Center/Applicant. Mayor ProTem Hix opened the public hearing and declared a potential "conflict of interest." Town Attorney White conducted the public hearing and advised that Mayor ProTem Hix would not vote; however, he would retain his position as part of the quorum. A 17,380 sq. ft. building addition is being proposed that includes relocation of the helipad, medical offices, laboratory, future radiology space, and physical therapy space. Community Development Director Stamey reviewed the proposal adding that a 37' height allowance was being requested to ~ accommodate the elevator shaft--the Planning Commission specifically recommended approval of this request. A total of 178 parking spaces will be provided. Staff confirmed that the roof line for the addition should duplicate that of the existing structure. Those speaking in "favor", Lou Canaiy. There being no persons speaking in opposition to the proposal, Town Attorney White declared the public hearing closed. Whereupon it was moved and seconded (Aldrich/Habecker) Special Review #93-1 for the Hospital Addition be approved, and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, and Habecker. Those voting "No" none. Those "Abstaining" Mayor ProTem Hix. 6. Ordinance #1-93 Adopting 1993 National Electrical Code. Mayor ProTem Hix opened the public hearing to consider adoption of said Code. Director Matzke reported that the ~ Code is revised every three (3) years. As there were no persons offering testimony, Mayor ProTem Hix declared the public hearing closed. Town Attorney White read the ordinance in full noting that a copy of the Code was present at the meeting, and it was moved and seconded (Aldrich/Barker) the Ordinance adopting the 1993 Edition of I the National Electrical Code be adopted, and it passed unanimously. Whereupon Mayor ProTem declared the Ordinance I duly passed and adopted, ordered it numbered 1-93, and i published according to law. 7. Rooftop Rodeo Entertainment Contract - Approval. Special Events Director Scott presented the Rodeo Concert Contract Board of Trustees - February 9, 1993 - Page 4 in the amount of $17,500.00 with Sammy Kershaw for a concert Saturday, July 17, 1993. Staff confirmed the Contract was reviewed by Town Attorney White. It was moved and seconded (Habecker/Barker) the Contract in the amount of $17,500 be approved, and it passed unanimously. 8.' Town Administrator's Report. Administrator Klaphake and Ass't. Administrator Widmer reported that pursuant to the Town's efforts (Trustees (past and present), staff and PRPA I Director Michie) which were initiated ih 1989, the Platte River Power Authority (PRPA) recently approved a "seasonal rate" concept which will be effective April 1, 1993. Light & Power Director Matzke provided information that, as a i result of the seasonal rate, the Town will realize a savings of $296,211. The Town's electric customers will realize the following savings on their electric bills: Summer Residential 4.85%; Residential 5.11%; Residential Demand 5.81%; Small Commercial 4.76%; and Large Commercial 6.83%. This savings is a direct result of the decrease in the Town' s wholesale power rate. Finance Of f icer Vavra reported that the new rate will be reflected in the customers' bills beginning the end of May, 1993. Administrator Klaphake presented Achievement Awards to Rich Widmer and Richard Matzke in appreciation of their efforts toward obtaining the seasonal rates from PRPA. The Trustees also commended staff. The Joint Town Board/EPURA Monthly Meeting -scheduled Thursday, February 11, 1993 has been canceled. Finance Officer Vavra presented the Year-End Sales Tax statistics which confirmed Estes Park's robust economy with a 10.35% increase from 1991. Staff noted that a combined effort from Special Events, the Conference Center, and Streetscape significantly contributed to the successful year. Following completion of all agenda items, and hearing no comments from those in attendance, Mayor ProTem Hix adjourned the meeting at 9:21 P.M. .................. Mayor ProTem ................ Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Light and Power Committee February 11, 1993 Committee: Chairman Aldrich, Trustees Hix and Dekker Attending: Chairman Aldrich, Trustee Hix Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Light & Power Director Matzke, Clerk O'Connor Absent: Trustee Dekker Chairman Aldrich called the meeting to order at 10:00 A.M. ELECTRIC RATE UPDATE STUDY - AUTHORIZATION TO NEGOTIATE CONTRACT. The Platte River Power Authority recently passed a new wholesale rate which includes a seasonal coincident peak billing demand charge. This reduction in purchased power will be passed-on to the customers through the purchase power rider. Staff estimates the new rate will be $0.00141/kWh less than the January 1, 1992 rates and $0.00375/kWh less than the current rates. As the new rate will significantly affect the cost of providing service for the summer and winter seasons, staff is recommending the 1991 Electric Rate Study be updated. The update should address the following: Residential Demand Rate - Seasonal demand charges. Residential Time of Day Rate - Seasonal demand charges and possible expansion of off-peak period to include weekends, holidays, and mid-day. Possible elimination of off-peak demand charge. Large Commercial - Evaluate winter ratchet period. Consider seasonal demand charges. Large Commercial Time of Day Rate - Evaluate winter ratchet period and consider seasonal demand charges. Also evaluate off-peak period. In addition, a rate for security lighting may be developed. The 1993 Budget contains $5,000 to provide a rate study update. The Committee recommends staff be authorized to negotiate a contract with Max Kiburz, returning to the Committee for further review. Director Matzke presented a graph depicting coincident and non- coincident peak daily load curves which demonstrated the Town's benefit from the seasonal rate concept. Staff noted that passage of the new seasonal rate could possibly prove beneficial to the operation of the Fall River Hydro Plant. 1993 CAPITAL PROJECTS. The 1993 Budget contains $180,000 for capital projects. Purchase of a potential substation site near Tunnel Road was deleted from the budget; however, discussions are taking place with PRPA and WAPA. The Highway 34 Upgrade remains a high priority--US West will be crossing the highway and staff has requested US West consider installing underground conduit for the Town on a cost-share basis. The majority of the project is being proposed using an overhead installation; however, the potential impacts to gateway visibility are being considered. If adequate funding can be supplied, the Spur 66 Rehab Project will be considered which includes an overhead installation to provide more reliable service to the YMCA area. The Honda School Project is being funded by the developer; however, BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Light and, Power Committee - February 11, 1993 - Page 2 pursuant to Amendment 1 ramifications, if utilities are not exempt, the "pass-through" funding may not be available for future proj ects even if they are revenue neutral. The Cable System Franchise Agreement was included in the 1993 Activity Plan. Administrator Klaphake suggested that staff could proceed with research and prepare policy questions for the Franchise Agreement for the Committee's consideration in April and that the forthcoming FCC Regulations could be incorporated into the ordinance prior to adoption. The policy questions will address all items under the Town's jurisdiction and staff anticipates the FCC Regulations will address rate regulations and the like. Research will include gathering information from municipalities in similar area and customer size to Estes Park. By proceeding at this time, the Agreement could be discussed in April in lieu of November. The Committee recommends staff proceed as outlined above. A complete 5-Year Capital Improvements Plan will be submitted in the near future. RECOGNITION OF LEON H. SWEETLAND. The Committee recognized the late Leon H. Sweetland who served the Town as Light & Power Superintendent from 1950-1972. Mr. Sweetland was instrumental in the concept that formed the Platte River Power Authority. REPORTS. The Committee reviewed the Year-End Income Statement and associated graphs. Project Update: a portion of the site utility conduit has been installed at the Honda School and the Department will install transformers and cable beginning in March; the recently-approved Hospital Addition will require installation of an additional transformer; and discussions are underway with Golden Eagle regarding their expansion plans. An employee received minor injuries during an accident involving the snowcat. The accident occurred while patrolling electric service lines near Allenspark. The snowcat incurred $3,500 damage; the cab will be replaced with an equipment bed during repair. Administrator Klaphake emphasized that all such equipment should be equipped with roll protection. Director Matzke reported that as included in the 1991 Electric Rate Study, approximately 15 existing electric heat residential customers on the Small Commercial Rate using above 20,000 kWh/year were transferred to the Residential Demand Rate, and approximately 120 existing residential customers using under 20,000 kWh/year were transferred to the Residential Rate. Four (4) customers have taken advantage of the voluntary Residential Demand Control Rebate Program. Ass't. Widmer briefed the Committee on Platte River Power Authority Activities: year-end financial report verified a net income of $3.6 million; a study is underway concerning refinancing of bonds and the best use of cash on hand; PRPA is involved in a partnership with PSCo on the Ault Substation and a spare transformer was needed. New transformers are $800,000; an existing installed spare transformer of similar specifications was located and PRPA was able to negotiate a joint utility sharing agreement with the owners for $65,000. Moffat County has introduced legislation which would require PRPA to pay for County taxes relative to the Craig Power Plant. The legislation will require any electric power authority BRADFOROPUBLISHING.0 RECORD OF PROCEEDINGS Light and Power Committee - February 11, 1993 - Page 3 established by contracting municipalities with property outside their jurisdiction to pay taxes to that affected County. PRPA staff is researching the purchase of additional land to increase the buffer zone around the Rawhide Plant. With the assistance of CSU, PRPA maintains a buffalo herd. A portion of the herd was sold during the National Western Stock Show netting $6,000 plus trophies. The herd is self-supporting with no cost to the public. There being no further business, Chairman Aldrich adjourned the meeting at 11:11 A.M. 9- 09i~ Vickie O'Connor, CMC, Town Clerk eRiC)FOROPUILISHING.0 RECORD OF PROCEEDINGS Public Works Committee February 18, 1993 Committee: Chairman Habecker, Trustees Barker and Gillette Attending: All Also Attending: Ass't. Administrator Widmer, Public Works Director Linnane, Clerk O'Connor Absent: None Chairman Habecker called the meeting to order at 10:00 A.M. WINDY GAP PAYMENT - REOUEST APPROVAL OF AMENDED PAYMENT SCHEDULE. Town Attorney White forwarded a request by the M.D.C./Superior Metropolitan District requesting approval of the following amended 1993 payment schedule: DATE PRINCIPAL INTEREST @ 7.5% 3/1/93 $100,000.00 $22,579.13 4/1/93 75,000.00 3,413.83 5/1/93 " 2,841.38 6/1/93 " 2,458.35 7/1/93 " 1,916.72 8/1/93 " 1,502.87 9/1/93 " 1,025.13 10/1/93 85.934.20 529.73 TOTAL $635,934.20 $36,267.14 Attorney White negotiated the interest rate of 7.5%, and with the October payment, the Town will be paid in full for the sale of the Windy Gap water. The Committee recommends approval of the payment schedule as presented. AUGMENTATION PLAN - REOUEST AUTHORIZATION TO IMPLEMENT. The purpose of the Augmentation Plan is to allow the Town to divert and use water out-of-priority from Fall River and the Big Thompson River without injury to downstream water rights. By returning the unconsumed portion and replacing any depletions of this native water, there will be no injury to downstream water rights. The Town's Windy Gap water will be used as the source for replacement water. Director Linnane discussed operation, summary and conclusion of the Plan and requested authorization to implement said Plan. Director Linnane reported that with a verbal agreement with the River Commissioner, the Town replaced water used at year's end on a 1-for-1 basis. With approval of the Plan, the Town will replace what is actually consumed. RMC Representative Kerry Prochaska reported that water use calculations to year 2020 were based upon census figures using 3.4%. The system the Town is currently using has worked; however, the Plan allows for more efficient use of the Windy Gap water. In addition, the Plan was favorably presented to the Conservancy District. The Committee recommends staff and Town Attorney White be authorized to file the Augmentation Plan with the Water Court. DRY GULCH WATER MAIN - REOUEST TO APPROVE REBATE AGREEMENT. The Committee reviewed a Waterline Extension and Oversizing Agreement with the American Honda Education Corporation. Director Linnane noted that the Agreement is similar to the Thunder Mountain Agreement with the following exceptions: (1) the repayment period is 20 years in lieu of 10 years; and (2) a rebate charge of 30% BRADFORD.U.LISHING.0. RECORD OF PROCEEDINGS Public Works Committee - February 18, 1993 - Page 2 over and above the Town's connect charges be assessed and made payable to American Honda. Richard Parks, Attorney representing Honda, reviewed the basis behind Items 1 and 2. Director Linnane confirmed that the 8" water line life expectancy is 20 years - maintenance would most likely follow. The Committee recommends approval of the Waterline Extension and Oversizing Agreement with American Honda Education Corp. as presented, to include an option for individual parties to negotiate directly with Honda. DRY GULCH WATER MAIN - REVIEW OF OVER-SIZING FEE. This item will be discussed during a future meeting. MISCELLANEOUS EOUIPMENT AND PROJECTS - REOUEST TO PURCHASE. BID AND BEGIN PROJECTS. Equipment. Skylights. Existing skylights in the Street/Fleet Maintenance Facility are in need of replacement due to leakage, and the 1993 Budget contains funding ($7,800) for replacement. Staff requested Robert Barrow Construction/Ft. Collins be awarded the bid in the amount of $6,850 to supply and install 14 Butler Thermopane Skylights and both end caps on the facility. Staff noted that the existing skylights were installed during original construction in 1974; estimated life expectancy of the replacement units is 10-15 years. The Committee recommends approval of the bid submitted by Robert Barrow Construction. Three-Wheel Riding Mower. The budget contains $7,000 for the purchase of a 3-wheel riding mower. The Committee recommends acceptance Of the bid in the amount Of $7,495.00 less $1,695.00/trade-in for a total expenditure of $5,800.00 submitted by Loveland Outdoor Equipment, Inc. Three-Wheel Truckster. $7,500 was budgeted for the purchase of a 3-wheel truckster. The Committee recommends approval of the bid in the amount of $6,384.00 submitted by E-Z-Go Textron be accepted. Street Sweeper. Staff requested authorization to negotiate a lease/purchase agreement of $24,000/year (full price $120,000) for the purchase of a street sweeper. Several sweepers have been demonstrated, and, based upon improved operation and visibility, fewer moving parts, maintenance record, and the potential to be used by the Parks Department as a maintenance vehicle due to a vacuum attachment, staff desires to purchase an Elgin Whirlwind Street Sweeper without proceeding through the standard bidding process. Staff would ensure that an aggressive negotiated price would be obtained should the "sole-source" concept be approved. Existing sweeper maintenance for 1992 was $13,000; thus far in 1993, $6,000 has been expended, for an average maintenance cost of the existing sweeper of $10,000/year. The Committee recommends approval of the sole-source concept, directing staff to submit the bid when available. Proiects. The 1993 Budget contains $10,000 for general improvements necessitated by the American with Disabilities Act (ADA). An interdepartmental committee was formed to review public facilities and draft a list and schedule for the modifications. Eight (8) target items were identified and due to the number of contractors required to complete the work, staff is requesting they be allowed to issue purchase orders as necessary to complete the improvements, not-to-exceed $10,000. The Committee recommends approval of the request and budget expenditure. The budget also contains $7,000 for an addition to the Parks BRADFOROPUILISHING.0 RECORD OF PROCEEDINGS Public Works Committee - February 18, 1993 - Page 3 Department facility located on Big Thompson Avenue, east of the Chamber of Commerce Building. Staff proposed a portion of the work (framing, roofing) be performed in-house and is requesting authorization to proceed with acquiring a building permit. In addition, Director Linnane suggested the excess $2,300 savings in the above-mentioned equipment purchases be applied to this project for a total budget of $9,300. An elevation drawing was presented which identified an addition to be placed on the west side of the existing building, new roof and restrooms, and extension of the exterior cedar siding. The Committe'e recommends approval of the amended budget Of $9,300 for the aforementioned addition, suggesting the framing and roofing be accomplished by the private sector in lieu of staff. WATER CONNECTION FEE - REVIEW OF ORDINANCE. The water connection fee ordinance the Committee recommended for approval was presented to the Board of Trustees February 9, 1993 and it was continued to February 23rd to further clarify various definitions. Discussion followed on single-family and multi-family dwelling, guest houses, commercial accommodation unit, and affordable dwelling. Staff reported that Black and Veatch based their recent study on actual water usage, should a change such as affordable unit be included in the ordinance, the affects to the study should be reviewed prior to adoption of an ordinance. The Committee recommends Town Attorney White review the definition changes pertaining to single-family, multi-family, and commercial accommodation unit as prepared by Chairman Habecker for potential inclusion in the ordinance. 1992 WATER LOOP PROJECT - REOUEST APPROVAL OF CHANGE ORDER. The Committee reviewed Change Order 03 in the amount of $205.50 for additional asphalt work for said looping project. This project exceeds the 1992 Budget by 3.8% and funds from the 1993 looping project will be transferred to fund the over-run. Director Linnane confirmed that project estimates do include contingencies. The Committee recommends approval of Change Order #3 in the amount of $205.50. 1993 WATER LOOP PROJECT - REOUEST APPROVAL OF SCOPE OF SERVICES FOR DESIGN. The 1993 Loop Project includes the West Wonderview Avenue water main, Big Horn Drive interconnection, Boyd Lane water line replacement and Carriage Drive interconnection. RMC submitted a not-to-exceed project cost of $14,494 for design services. The Committee recommends acceptance of the project cost submitted by RMC. REPORTS. The Committee reviewed the Customer Service Response and Water Use Reports for January, 1993. Bob Joseph reported on warranty work that will be performed on the Conference Center. Existing masonry will be removed and replaced across the front of the building where it meets the copper roof. This project should impact the stains currently observable on the brick exterior. The Committee expressed their appreciation to Special Projects Manager Joseph. Manager Joseph updated the Committee on the Centralized Mail Delivery Project: a cluster box location map has been established for Phase I which is preliminary in nature; locations were based upon questionnaires received. Neighborhood meetings will be , BRA'FOR/PUBLISHING.0 RECORD OF PROCEEDINGS Public Works Committee - February 18, 1993 - Page 4 scheduled to receive input on the cluster box locations. Each cluster box location represents 48 users. The Town's two projects on the CDOT 5-Year Plan include widening projects for Highways 7 and 34. Through past lobbying efforts, both proj ects were retained .on the Plan and scheduled for 94-95. Due to a 20% federal reduction in available funding, the priority list will be revised which could affect both projects. There is a possibility funding for the Town's projects will be re-allocated (possibly to Highway 287). Estes Park will be notified of all CDOT meetings and be represented by staff. There being no further business, Chairman Habecker adjourned the meeting at 11:50 A.M. C.1 F 1( 1 A thi-Â· / ~ 6-tuiL,&-- U Vickie O'Connor, CMC, Town Clerk BRADFORIPUILISHING.0 RECORD OF PROCEEDINGS Planning Commission February 16, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Sue Doylen, Alma Hix and Larry Wexler Attending: All Also Attending: Community Development Director Stamey, Public Works Director Linnane, Town Attorney White, Trustee/Liaison G. Hix, Clerk O'Connor Absent: None Chairman Sager called the meeting to order at 1:31 P.M. and announced that the Agenda sequence would be amended. 1. MINUTES. Minutes of the January 19, 1993 meeting were approved as submitted. 2. SUBDIVISIONS. 2.A. Concept Plan & Preliminary Plat. Lots 5-18. Mi Casa Subdivision. Vista Lane. Neil W. Rosener/Applicant. The Planning Commission originally approved the Preliminary Plat for Village Green Subdivision in August, 1990. In July, 1991 and April, 1992, the Commission granted a time extension to October, 1992. The Applicant has resubmitted the Amended Preliminary Plat. Neil Rosener/Applicant, confirmed that he would like to retain the name "Village Green Subdivision" which is a replat of Mi Casa Subdivision. Based upon hydrology reports, potential exposure of the line, and costs associated with a deeper trench, the Applicant expressed concern with staff' s recommendation that a 15" diameter storm sewer be installed in lieu of the proposed 10" storm sewer. Staff confirmed that the 212' proposed length precipitated the minimum Town standard of 15" diameter; however, in an attempt to reach an agreement, staff could further discuss the diameter with the Applicant as final design is being prepared. There were no other persons offering testimony. It was moved and seconded (Brown/Burgess) the Concept Plan and Preliminary Plat of Lots 5 - 18, Village Green Subdivision be approved subject to the following and it passed unanimously.: 1. Time extension for six months from the date of approval. 2. All prior review agency comments/conditions as previously required by the Planning Commission be incorporated. 3. Storm sewer size be increased to 15" unless a practical construction conflict arises, in which case the Public Works Department is authorized to require a 10" storm sewer, to include cleanouts every 100 feet. 4. All road, utility, and drainage plan and profile be submitted with the Final Plat. 5. Construction of drainage improvements across the golf course be limited to the last two weeks of April or during the month of October. BRADFOR/PUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission - February 16, 1993 - Page 2. Director Stamey noted that an Improvement Guarantee would also be required with final plat submittal. 3. DEVELOPMENT PLANS. 3.A. Development Plan #93-1. Lot 2. Amended Plat of Tract A. Booth Resubdivision. Fall River Lane - Apartment Buildings. Johnson & Maria Lin/Applicant. Paul Kochevar reported that the Applicant is proposing construction of 16 condominium units in four separate buildings. A 32-space parking area will be developed and there is one access point from Fall River Lane, which is yet to be constructed. The Applicant concurred with all staff recommendations. Mr. Kochevar confirmed that the units will be long-term rentals and that each building will include a unit designed for handicapped accessibility (south portion of each building). There were no comments from the audience. It was moved and seconded (Wexler/Amos) Development Plan #93-1 be approved contingent upon the following and it passed unanimously: 1. Fall River Lane be constructed in accordance with an Improvement Guarantee, or completion of the first building, whichever comes first. 2. A 6" water main be installed as requested by the Public Works Department. Installation to be accomplished prior to issuance of a building permit for the first building. 3. Sanitary Sewer be installed as requested by the Estes Park Sanitation District. 4. Parking lot to be screened on the west property line. 5. Two units to be designated for handicapped accessibility. 6. Utility easement for new/relocated utilities be dedicated, and electric system constructed pursuant to Light and Power Department standards. 7. Drainage swale be protected. 3.B. Amendment to Special Review and Development Plan #92-2. Elkhorn Lodge Property. 600 W. Elkhorn Ave.. Jerry Zahourek. Associated Properties. Inc./Applicant. The Applicant is requesting: (1) an amendment to the recreation pond development by replacing the previously approved, to-be- constructed fee building with the aged log structure that is sitting in this vicinity; (2) amendment of the Concept Plan by placing a moved-in building, approximately 25'x54', north of the pool area; this building would be used for bunkhouse/tack/storage; and (3) convert the north barn for use as chuckwagon dining, and other uses. The Applicant confirmed that the log cabin is in need of major modification; the proposed 25'x54' building to be moved-in is well-built, will be placed on a foundation, be painted and a front porch will be constructed; a permit has been obtained to reinforce the barn and the Applicant intends on cementing a portion of the floor at this time. Wranglers will be housed in the moved-in building. The north side of the barn wall will remain open and the use will become that of a rain shelter. Paul Kochevar noted that approximately %-acre owned by the adjacent condominium association was inadvertently included in the original Elkhorn Lodge submittal of the Concept/Development BRAnFORDPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - February 16, 1993 - Page 3 Plan--this area is not owned by the Applicant. Mr. Kochevar confirmed that he personally inspected the proposed building to be moved-in and it was found to be in good structural condition. Chairman Sager announced that discussion would be heard on each separate proposal. Fee Building: concern that the building has been on the site for an extended length of time and was placed on blocks, and the roofline is "swaybacked". The Applicant stated that the building will be placed on a foundation and that he will change the appearance eventually. Bunkhouse Building (moved-in): potential lack of restroom facilities and time schedule for project completion and feasibility thereof. The Applicant responded that this building will not be moved-in until the foundation is constructed. The Applicant will connect into existing water and gas lines to supply such to the bunkhouse. Town Attorney White commented that any occupancy of the bunkhouse requiresi conformance with the Building Code. Barn: parking--the Code is specific and requires designated parking areas; purview of the Commission is to review plans for conformance with the Zoning Regulations. The Commission stressed that they must follow established regulations and their intent was not to hinder this development. The Applicant confirmed that a vocalist was and will be used during chuckwagon dinners and that the music is amplified. Attorney White confirmed that the Zoning Code does contain noise provisions whereby no sound (and the like) shall be observable more than 200' from the boundary of the premise. The Applicant stated that he was unaware of any neighborhood complaints with respect to noise from the entertainment. Comments from the public were heard from: Roy Jones (noise concerns); Raymond Etmond, Secretary/Condominium Association (western boundary encroachment and inadequate parking conderns); Patty Vandergriff/Condominium Assn. Mgr. (access concerns to Fall River); and David Habecker, Trustee (pursuant to existing regulations, any construction to the moved-in building must meet current Building Code standards; the building could possibly require an engineer's stamp). Director Stamey acknowledged receipt of correspondence from Mr. and Mrs. Wayne Scarbrough (unsightly condition of the property and status of the log building); Eleanor Owen (appearance of the log building); and Patricia Newsom (junk accumulation, suggest clean-up property prior to further development). Mr. Zahourek commented that a certain amount of the existing construction materials will be salvaged, and when economical, the remaining materials will be disposed of. Following conclusion of all discussion, it was moved and seconded (Brown/Wexler) the Amendment to the Recreation Pond Development Plan to replace a new structure with an existing on-site log structure be approved provided: (1) the log building be placed on a foundation subject to the Building Code, (2) all exterior renovation (painting of the deck, repair of the windows and doors, re-construction of the roof to eliminate the swayback appearance, re-shingle roof, and application of an appropriate finish on the logs), and U.B.C. conformance be completed prior to excavation of the pond, and it passed by the following votes: Those voting "Yes" Commissioners Brown, Burgess, Doylen, Sager and Wexler. Those voting "No" Commissioners Amos and A. Hix. It was moved and seconded (Brown/Amos) the Bunkhouse Building be approved contingent upon: (1) all work on the pond, building, and parking plan be accomplished prior to moving the building on-site, and (2) renovation be completed (including installation of restrooms and heating) in conformance to the BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission - February 16, 1993 - Page 4 Building Code, prior to occupancy, and it passed by the following votes: Those voting "Yes" Commissioners Amos, Brown, Burgess, Doylen, Sager and Wexler. Those voting "No" Commissioner A. Hix. Staff confirmed that the Applicant was cited into Municipal Court With respect to junk accumulation, thus this item would be resolved at that time. Barn. The Planning Commission determined that the proposal for the barn is incomplete. As the Applicant failed to address substantial concerns on the barn conversion respective to the public health, safety, and welfare, parking, and time limits on music, it was moved and seconded (Brown/A. Hix) the request be denied, and it passed unanimously. Applicant was advised to amend the development plan to show required parking and site improvements for this use. If the Applicant desires to proceed on this request, an overall development iolan will need to be submitted. Chairman Sager declared an 8-minute recess; the meeting reconvened at 3:30 P.M. For the benefit of all in attendance, established "Rules of Conduct" were read aloud. 4. CONSOLIDATED REVIEW of North Ridge Meadow Condominiums Development Proposal. Northwest Corner of Raven Avenue and Dry Gulch Road. Richard Wille/Applicant. 4.A. Amended {Preliminary) Plat and Concept Plan of East Park Resubdivision to combine 13 existing lots into 1 lot. The East Park Resubdivision consists of 13 lots; 12 lots are approximately 18,000 sq. ft. and front onto Dry Gulch Road. Three curb cuts and frontage road are being proposed to serve these lots. Lot 1 extends along the western edge of the subdivision, consisting of 3.08 acres and secured access from Raven Avenue. Bill Van Horn represented the Applicant and commented that the Statement of Intent includes a request for 54 units, including seven (7) bonused units for solar orientation and site utilization (off-site visibility). Affordable units are being proposed that will be compatible with the adjoining property. Access will be from Raven Avenue; the south-end view corridor will be landscaped along Dry Gulch Road, taking advantage of significant open areas. Staff recommendations present no objection; however, Mr. Van Horn discussed the walkway/trail system. It could be installed along the westerly boundary as an alternate to a Dry Gulch location. Mr. Van Horn confirmed the project will be "phased" and provided a slide program to facilitate familiarity/understanding Of the impact to the site. Discussion included: review and a determination by the Planning Commission that the proposed 7-unit density bonus was not justified, possibility of "blending" more than one footprint/architectural elevations into the design, concerns with building mass and density transition, parking, average grade, impervious coverage, covenants, and outside storage prevention. The Planning Commission determined that the request for the 7-unit onus for solar orientation and site design were not justified. Comments from the public were heard from: Walter Dunn (density, quality of life, pollution, scenery, wildlife migration--does not object to development of the property; however, he is opposed to approval of the amended plat to allow the proposed density); Ron Harvey (favors residential development of the property; however he opposes the proposed density); Ron Dutton (opposes density); Sally Dunn (opposes proposed density and called attention to the petitions which were submitted containing over 100 signatures) ; Alan Aspinall, eRADFOROPUBLISHING Co. RECORD OF PROCEEDINGS Planning Commission - February 16, 1993 - Page 5 President/North End Property Owners Association (supports replating into one lot, agrees the proposal is too dense, Dry Gulch is the gateway to the north end, protect open space and views); Carol Harvey (pollution, traffic); Seymour Graham (density too high, quality of development is an important factor); and Ruby Dobbins (pollution, access, traffic, over- development of the site). Mr. Van Horn and Project Designer David Habecker offered rebuttal comments, which, in summary, addressed the density. Following subsequent discussion, it was moved and seconded (A. Hix/Brown) the Consolidated Review for the Amended/Preliminary Plat, Concept Plan for Special Review #93-2 and Rezoning Request be continued to the March 16 meeting to allow submittal of a revised development plan to include reducing the density to a maximum of 47 units; design revision to provide more sensitivity to E-Estate area at the northwest corner of the site; move density lower (east) on the site (e.g. two (2) fourplexes at the northwest corner rather than two (2) 8-plexes) and project covenants, and it passed unanimously. 5. REPORTS. In a letter dated January 29, 1993, Robert L. Dekker requested a time extension to complete the Pinewood Lane cul-de-sac relocation to June 1, 1993. It was moved and seconded (Amos/Doylen) the request be approved, and it passed unanimously. There being no further business, Chairman Sager adjourned the meeting at 5:40 P.M. .7, l. A UL., IL) d....0-Â»Â«..O Vickie O'Connor, CMC, Town Clerk 30 jifbÂ· 1 TOWN OF ESTES PARK Police Department Ad= 1 -- f~fyf- - -,Â«fl 41 4.4*1.- . - - -. 0 . - . %- 14 . 23*1-4.,Â«Â«r--1.-L ,-- ....:1,Â·274+.3, .: 2.~10 12!,Aft fl '**3.4 , flk#Â·'2*'' -' ''. *.$+ JtÂ·-ca :, i: /--1.9~Â£.#dANIV \' ' . 2Â»g w- February 16, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Associated Property Consultants, Inc. d/b/a Coach House Comedy Stop Hotel & Restaurant ZAHOUREK, Jerry ZAHOUREK, Carol Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Associated Property Consultants, Inc., d/b/a Coach House Comedy Stop. ,Sincerely, 43 David J. Racine Chief of Police DJR/ j o [303) 586-4466 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 â€¢ 1 7 /24,91 TOWN OF ESTES PARK X .4 â€¢-f % ar \.4 â‚¬2'i #wv/ Police Department ,,?>44.3./.2~..~ f ~AY *:ffILAS J 00266 >RFEW 244 14 3445.-il- - . *546 -0. 'Al,YN#,t.4104>: - 1~,1â„¢ Â·ig.ra- :Â«au- ,= I .-7-45?fl-~.1.3 4.LE- ./415..&- g - 1 -7 - Un- a. .1 M.L*.1,1-Â·./2.6.*2':-5 :,-, >.31. 4- 4140.9 ~ 4.3 / .\42~ 1. It/tz. 1 .- . . -larri d 1,Â£ 40 . -U. . Â· February 16, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Ray Alice Claire d/b/a Gazebo Restaurant & Tavern Hotel & Restaurant RAY, Alice Claire Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Ray Alice Claire, d/b/a Gazebo Restaurant & Tavern. Sincerely, -- \ David J. Racine Chief of Police DJR/ j o (303) 586-4466 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Light and Power Committee - February 11, 1993 - Page 2 pursuant to Amendment 1 ramifications, if utilities are not exempt, the "pass-through" funding may not be available for future projects even if they are revenue neutral. The Cable System Franchise Agreement was included in the 1993 -/ .&~-- Activity Plan. Administrator Klaphake suggested that staff could -*1 proceed with research and prepare policy questions for the Franchise Agreement for the Committee's cohsideration in April and that the forthcoming FCC Regulations could be incorporated into the ordinance prior to adoption. The policy questions will address all items under the Town's jurisdiction and staff anticipates the FCC Regulations will address rate regulations and the like. Research will include gathering information from municipalities in similar area and customer size to Estes Park. By proceeding at this time, the Agreement could be discussed in April in lieu of November. The Committee recommends staff proceed as outlined above. A complete 5-Year Capital Improvements Plan will be submitted in the near future. RECOGNITION OF LEON H. SWEETLAND. The Committee recognized the late Leon H. Sweetland who served the Town as Light & Power Superintendent from 1950-1972. Mr. Sweetland was instrumental in the concept that formed the Platte River Power Authority. REPORTS. The Committee reviewed the Year-End Income Statement and associated graphs. Project Update: a portion of the site utility conduit has been installed at the Honda School and the Department will install transformers and cable beginning in March; the recently-approved Hospital Addition will require installation of an additional transformer; and discussions are underway with Golden Eagle regarding their expansion plans. An employee received minor injuries during an accident involving the snowcat. The accident occurred while patrolling electric service lines near Allenspark. The snowcat incurred $3,500 damage; the cab will be replaced with an equipment bed during repair. Administrator Klaphake emphasized that all such equipment should be equipped with roll protection. Director Matzke reported that as included in the 1991 Electric Rate Study, approximately 15 existing electric heat residential customers on the Small Commercial Rate using above 20,000 kWh/year were transferred to the Residential Demand Rate, and approximately 120 existing residential customers using under 20,000 kWh/year were transferred to the Residential Rate. Four (4) customers have taken advantage of the voluntary Residential Demand Control Rebate Program. BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee February 18, 1993 Committee: Chairman Habecker, Trustees Barker and Gillette Attending: All Also Attending: Ass't. Administrator Widmer, Public Works Director Linnane, Clerk o'Connor Absent: None Chairman Habecker called the meeting to order at 10:00 A.M. WINDY GAP PAYMENT - REOUEST APPROVAL OF AMENDED PAYMENT SCHEDULE. Town Attorney White forwarded a request by the M.D.C./Superior Metropolitan District requesting approval of the following amended 1993 payment scheduld: 41-26 > na= PRINCIPAL INTEREST 0 7.5% 3/1/93 $100,000.00 $22,579.13 4/1/93 75,000.00 3,413.83 5/1/93 " 2,841.38 6/1/93 " 2,458.35 7/1/93 " 1,916.72 8/1/93 " 1,502.87 9/1/93 " 1,025.13 10/1/93 85.934.20 529.73 TOTAL $635,934.20 $36,267.14 Attorney White negotiated the interest rate of 7.5%, and with the october payment, the Town will be paid in full for the sale of the Windy Gap water. The Committee recommends approval of the payment schedule as presented. AUGMENTATION PLAN - REOUEST AUTHORIZATION TO IMPLEMENT. The purpose of the Augmentation Plan is to allow the Town to divert and use water out-of-priority from Fall River and the Big Thompson River without injury to downstream water rights. By returning the unconsumed portion and replacing any depletions of this native water, there will be no injury to downstream water rights. The Town's Windy Gap water will be used as the source for replacement water. Director Linnane discussed operation, summary and conclusion of the Plan and requested authorization to implement said Plan. Director Linnane reported that with a verbal agreement with the River Commissioner, the Town replaced water used at year's end on a 1-for-1 basis. With approval of the Plan, the Town will replace what is actually consumed. RMC Representative Kerry Prochaska reported that water use calculations to year 2020 were based upon census figures using 3.4%. The system the Town is currently using has worked; however, the Plan allows for more efficient use of the Windy Gap water. In addition, the Plan was favorably presented to the Conservancy District. The Committee recommends staff and Town Attorney White be authorized to file the Augmentation Plan with the Water Court. DRY GULCH WATER MAIN - REOUEST TO APPROVE REBATE AGREEMENT. The Committee reviewed a Waterline Extension and Oversizing Agreement with the American Honda Education Corporation. Director Linnane noted that the Agreement is similar to the Thunder Mountain Agreement with the following exceptions: (1) the repayment period is 20 years in lieu of 10 years; and (2) a rebate charge of 30% EIGHTH AMENDMENT TO CONTRACT TO PURCHASE WINDY GAP WATER In consideration of the mutual covenants contained herein, M.D.C. LAND CORPORATION, a Colorado corporation, ("Purchaser") , the TOWN OF ESTES PARK, COLORADO, ("Seller") , and SUPERIOR METROPOLITAN DISTRICT NO.1,( "Superior" ) agree to the amendment of the "Contract to Purchase Windy Gap Water" dated June 15, 1987, "Amendment to Contract to Purchase Windy Gap Water" dated June 15, 1987; "Amendment to Contract to Purchase Windy Gap Water" dated March 28, 1988; "Second Amendment to Contract to Purchase Windy Gap Water" dated March 31, 1988; "Third Amendment to Contract to Purchase Windy Gap Water" dated November 14, 1988; "Fourth Amendment to Contract to Purchase Windy Gap Water" dated February 17, 1989; "Fifth Amendment to Contract to Purchase Windy Gap Water dated March 12, 1990; "Sixth Amendment to Contract to Purchase Windy Gap Water" dated August 1, 1990, (the "Contract") "Seventh Amendment to Contract to Purchase Windy Gap Water" effective as of March 1, 1992 by the addition of the following recitals, and by the amendment of Paragraph 5.1 by the addition of the provision set forth below in the Contract. Unless specifically revised herein, all of the paragraphs as set forth in the Contract shall remain in full force and effect. Where there are any inconsistencies between the provisions of this Eighth Amendment to Contract to Purchase Windy Gap Water and any of the provisions of the Contract, the provisions of this Eighth Amendment shall prevail. WHEREAS, Paragraph 5.1.d.i. provides for closing to occur on the sale of the Units from Seller to Superior upon the payment of $1,000,000.00, with the remaining balance of the purchase price, $2,543, 736.78 to be delivered to Seller in four (4) equal principal payments beginning on the first business day in March, 1990 and on the first business day in March for three years thereafter; and WHEREAS, the closing occurred on February 17, 1989, and at the closing Superior delivered the $1,000,000.00 payment to Seller; and WHEREAS, Superior has requested to modify the terms of the March 1, 1993 payment; and WHEREAS, Seller has agreed to said modification; and WHEREAS, the parties desire to amend the Contract to accomplish their agreement as follows: IN CONSIDERATION OF THE MUTUAL TERMS AND CONDITIONS CONTAINED HEREIN AND THE ABOVE RECITALS, THE PARTIES AGREE AS FOLLOWS. 1. The Contract shall be amended by the addition of the following paragraph. 5.1.d.ii.iii. Modification of March 1, 1993 principal and interest payment. Seller and Superior agree that the March 1, 1993 payment, including accrued interest is $635,934.20. The parties agree that said payment of principal and interest shall be made as follows: Date Principal Interest @ 7.5% 3/1/92 $100,000.00 $22,579.13 4/1/92 75,000.00 3,413.83 5/1/92 75,000.00 2,841.38 6/1/92 75,000.00 2,458.35 7/1/92 75,000.00 1,916.72 8/1/92 75,000.00 1,502.87 9/1/92 75,0C0.00 1,025.13 10/1/92 85,934.20 529.73 Total: $635,934.20 $32,267.14 z. The parties agree that a total of 12.5420 units of Subdistrict water have vested as of October 1, 1992. The parties further agree that there shall be no vesting of any units of Subdistrict water for the March 1, 1993 payment, pursuant to the provisions of 6.3.b. (5) until all principal and interest payments set forth above are made in full. Upon payment in full of all principal and interest set forth above, 1.8 units shall immediately vest in Purchaser. 3. The parties further agree that this modification of the March 1, 1993 payment does not defer the payment due from Superior to the Subdistrict. 4. This Amendment shall be effective the 1st day of March, 1993. -2- Approved and executed this day of , 1993 by the authorized representatives of M.D.C. Land Corporation, the Town of Estes Park and Superior Metropolitan District No. 1. M.D.C. LAND CORPORATION By: President ATTEST: TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk SUPERIOR METROPOLITAN DISTRICT NO. 1 Bv: ATTEST: -3- BRADFORD PUBLISHING COÂ· RECORD OF PROCEEDINGS Public Works Committee February 18, 1993 Committee: Chairman Habecker, Trustees Barker and Gillette Attending: All Also Attending: Ass't. Administrator Widmer, Public Works Director Linnane, Clerk O'Connor Absent: None Chairman Habecker called the meeting to order at 10:00 A.M. WINDY GAP _PAYMENT----REQUEST APPROyAL OF AMENDED_RAYMENT SCHEDULE. Town Attorney White forwarded a request by the M.D.C./Superior Metropolitan District requesting approval of the following amended 1993 payment schedule: DATE PRINCIPAL INTEREST 0 7.5% 3/1/93 $100,000.00 $22,579.13 4/1/93 75,000.00 3,413.83 5/1/93 " 2,841.38 6/1/93 " 2,458.35 7/1/93 " 1,916.72 8/1/93 " 1,502.87 9/1/93 . " 1,025.13 10/1/93 85.934.20 529.73 TOTAL $635,934.20 $36,267.14 Attorney White negotiated the interest rate of 7.5%, and with the October payment, the Town will be paid in full for the sale of the Windy Gap water. The Committee recommends approval of the payment schedule as presented. AUGMENTATION PLAN - REOUEST AUTHORIZATION TO IMPLEMENT. The purpose of the Augmentation Plan is to allow the Town to divert and use water out-of-priority from Fall River and the Big Thompson River without injury to downstream water rights. By returning the unconsumed portion and replacing any depletions of this native water, there will be no injury to downstream water rights. The _,2 Town's Windy Gap water will be used as the source for replacement / water. Director Linnane discussed operation, summary and conclusion of the Plan and requested authorization to implement said Plan. Director Linnane reported that with a verbal agreement with the River Commissioner, the Town replaced water used at year's end on a 1-fdr-1 basis. With approval of the Plan, the Town will replace what is actually consumed. RMC Representative Kerry Prochaska reported that water use calculations to year 2020 were based upon census figures using 3.4%. The system the Town is currently using has worked; however, the Plan allows for more efficient use of the Windy Gap water. In addition, the Plan was favorably presented to the Conservancy District. The Committee recommends staff and Town Attorney White be authorized to file the Augmentation Plan with the Water Court. DRY GULCH WATER MAIN - REOUEST TO APPROVE REBATE AGREEMENT. The Committee reviewed a Waterline Extension and Oversizing Agreement with the American Honda Education Corporation. Director Linnane noted that the Agreement is similar to the Thunder Mountain Agreement with the following exceptions: (1) the repayment period is 20 years in lieu of 10 years; and (2) a rebate charge of 30% RCV EY:xEROX TELECOPIER 7010 ; 2-23-93 11:10AM ; 6699380-9 3035866909;# 9 SENT BY:HAMMOND CLARK WHIT ; 2-23-93 12:13PM ; 66993800 3035866909;# 9 m. I RESOLUTION NO. WHEREAS, the Town of Estes Park owns transmountain water rights but in an insufficient quantity to meet all of its raw water requirements. Therefore, native .water must be diverted to meet municipal demands, however, the Town's native water rights are junior and subject to long periods of being out-of-priority. Therefore, to meet its demands, the Town must divert native Water out-of-priority for municipal use and replace any deplations so that downstream water rights are not injured; and WHEREAS, the Town of Estes Park has hired Rocky Mountain Consultants, Inc. to prepare a plan for augmentation, which plan has been received by the Town of Estes Park; and WHEREAS, this plan describes water use, consumption and return flows for the Town of Estes Park and proposes a plan of augmentation for replacing out-of-priority diversions of native water to prevent injury. The proposed sources of replacement water are first use and reuse credits of Windy Gap Project water owned by the Town. An operating and accounting plan is described which would allow the Town to replace out-of-priority diversions without injury to other water rights; and WHEREAS, The Board of Trustees of the Town of Estes Park, the Town staff and its consultants have reviewed the Water Augmentation Plan and have determined that it is appropriate for the Town of Estes Park; and WHEREAS, it is necessary to file with the District Court, Water Division I of the State of Colorado an application for approval. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. 1. That the Town Attorney, Gregory A. White is hereby authorized to file an application for approval of the Water Augmentation Plan as prepared by Rocky Mountain Consultants, Inc., including any necessary deletions, amendments or changes thereto with the District Court, Water Division I, State of Colorado. SENT BY:HAMMOND CLARK. WH IT ; 2-23-93 12:14PM ; 66993800 -31-92'5556'510'9; 8110 2. That Gregory A. White is hereby further authorized, in coordination with the Town staff and Rocky Mountain Consultants, Inc., to proceed with all necessary steps to have said plan approved by the District Court, Water Division I, State of Colorado, including whatever amendments, revisions and stipulations are necessary for final Court approval. Dated this day of February, 1993. TOWN OF ESTES PARK By:, ATTEST: Town Clerk The purpose of the Augmentation Plan is to allow the Town to divert and use water out-of-priority from Fall River and the Big Thompson River without injury to downstream water rights. By returning the unconsumed portion and replacing any depletions of this native water, there will be no injury to downstream water rights. The Town's Windy Gap water will be used as the source for replacement water. Director Linnane discussed operation, summary and conclusion of the Plan and requested authorization to implement said Plan. Director Linnane reported that with a verbal agreement with-the River Commissioner, the Town replaced water used at year's end on a 1-for-1 basis. With approval of the Plan, the Town will replace what is actually consumed. RMC Representative Kerry Prochaska reported that water use calculations to year 2020 were based upon census figures using 3.4%. The system the Town is currently using has worked; however, the Plan allows for more efficient use of the Windy Gap water. In addition, the Plan was favorably presented to the Conservancy District. The Committee recommends staff and Town Attorney White be authorized to file the Augmentation Plan with the Water Court. DRY GULCH WATER MAIN - REOUEST TO APPROVE REBATE AGREEMENT. ~~ 0 2 The Committee reviewed a Waterline Extension and Oversizing Agreement with the American Honda Education Corporation. Director Linnane noted that the Agreement is similar to the Thunder Mountain Agreement with the following exceptions: (1) the repayment period is 20 years in lieu of 10 years; and (2) a rebate charge of 30% over and above the Town's connect charges be assessed and made payable to American Honda. Richard Parks, Attorney representing Honda, reviewed the basis behind Items 1 and 2. Director Linnane confirmed that the 8" water line life expectancy is 20 years - maintenance would most likely follow. The Committee recommends approval of the Waterline Extension and Oversizing Agreement with American Honda Education Corp. as presented, to include an option for individual parties to negotiate directly with Honda. DRY GULCH WATER MAIN - REVIEW OF OVER-SIZING FEE. This item will be discussed during a future meeting. MISCELLANEOUS EOUIPMENT AND PROJECTS - REOUEST TO PURCHASE. BID AND BEGIN PROJECTS. Equipment. Skylights. Existing skylights in the Street/Fleet Maintenance Facility are in need of replacement due to leakage, and the 1993 Budget contains funding ($7,800) for replacement. Staff requested Robert Barrow Construction/Ft. Collins be awarded the bid in the amount of $6,850 to supply and install 14 Butler Thermopane Skylights and both end caps on the facility. Staff noted that the existing skylights were installed during original construction in 1974; estimated life expectancy of the replacement units is 10-15 years. The Committee recommends approval of the bid submitted by Robert Barrow Construction. Three-Wheel Riding Mower. The budget contains $7,000 for the purchase of a 3-wheel riding mower. The Committee recommends acceptance Of the bid in the amount Of $7,495.00 less $1,695.00/trade-in for a total expenditure of $5,800.00 submitted by Loveland Outdoor Equipment, Inc. Three-Wheel Truckster. $7,500 was budgeted for the purchase of a 3-wheel truckster. The Committee recommends approval of the bid in the amount of $6,384.00 submitted by E-Z-Go Textron be accepted. Street Sweeper. Staff requested authorization to negotiate a lease/purchase agreement of $24,000/year (full price $120,000) for the purchase of a street sweeper. Several sweepers have been demonstrated, and, based upon improved operation and visibility, fewer moving parts, maintenance record, and the potential to be used by the Parks Department as a maintenance vehicle due to a vacuum attachment, staff desires to purchase an Elgin Whirlwind Street Sweeper without proceeding through the standard bidding process. Staff would ensure that an aggressive negotiated price would be obtained should the "sole-source" concept be approved. Existing sweeper maintenance for 1992 was $13,000; thus far in 1993, $6,000 has been expended, for an average maintenance cost of the existing sweeper of $10,000/year. The Committee recommends approval of the sole-source concept, directing staff to submit the bid when available. . ESTES PARK, COLORADO WATERLINE EXTENSION AND OVERSIZING AGREEMENT THIS AGREEMENT is made and entered into as of the-672-of February, 1993, by and between the TOWN OF ESTES PARK ("Town"), operating and existing under any by virtue of the laws of the State of Colorado, and AMERICAN HONDA EDUCATION CORPORATION ("Developer") a California non-profit corporation, for the DRY GULCH ROAD WATERLINE EXTENSION ("Project"), designed by DREXEL BARRELL & CO ("Engineer"). RECITALS: A Developer is the purchaser of the following described property (the "Property"): (See Exhibit A attached hereto and incorporated herein by this reference.) and it is proposed that the Property be served by water distribution facilities constructed pursuant to this Agreement; and B. Developer wishes to construct a water main extension to serve the Property and connect to the existing distribution system; and C. The Town is not required to enlarge or extend its facilities beyond those currently existing and all such enlargements or extensions are undertaken at the discretion of the Town in the interest of the public health, safety, and welfare. D. The Town has required said main extension to be oversized from 8" to 12". NOW THEREFORE, in consideration of the foregoing and the mutual covenants and conditions contained herein, the parties agree as follows: 1. Water Distribution Facilities. The distribution facilities, including the water main extension ("Facilities"), will be designed and constructed in accordance with the most current edition of the Town's Water Utility Policies and Standards ("Design Standards"): 2. Warranty. The Developer shall deliver to the Town a written warranty in accordance with the requirements of the Design Standards. 3. Transfer of Facilities. Ownership and maintenance responsibility for the Facilities will transfer from the Developer to the Town immediately upon delivery to the Town of a good and sufficient bill of sale for the Facilities. The conveyance must state that the Facilities so conveyed are free and clear of any claims or liens whatever. The Developer shall also deliver any required easements and said easements must be properly recorded with the Larimer County Recorder prior to submission to the Public Works Director. Payment set forth in paragraph 9 will be made upon receipt of and acceptance of the Bill of Sale and Warranty by the Town. 4. Ogeration and Maintenance of Facilities. After the Facilities have been transferred and subject to the provisions of the warranty, the Town will have full responsibility for operation and maintenance of the Facilities and the actual costs incurred in connection therewith. The Town may allow connections to'the Facilities in accordance with the Rules and Regulations of Town of Estes Park. In no case however, shall the Town permit excessive taps to be made to the main that would preclude delivery of 120 gallons per minute at a residual pressure of 15 psi to the Developer's pump station as shown on the approved plans. As further consideration for the transfer of the Facilities, the Town agrees to provide in times of water shortage or draught, so long as the same is physically possible, a minimum now lo the Property to permit the continued operation of the educational facility, including residences, to be located in the Property, such minimum flow not to include irrigation waters. 5. Indemnification. The Developer hereby agrees to hold harmless the Town, its successors and assigns, against any and all liability, loss, or damage the Town may suffer as a result of claims or judgments against it under the mechanics' lien laws of the State of Colorado, or on account of defective materials and workmanship used to install the Facilities. Such indemnification shall include, but not be limited to, court costs, damages, repair costs, and reasonable attorney's fees. 6. Enforcement of Agreement. The Developer and Town acknowledge and agree that this Agreement may be enforced in law or in equity by a decree of specific performance, damages, or such other legal and equitable relief as may be available to either party. 7. Survival of Obligations. The provisions of this Agreement shall be deemed lo survive the transfer of the Facilities and shall be binding upon the permitted successors. transferees, and assigns of the parties. 8. Assignments. The Developer shall not assign its rights or delegate its duties under this Agreement without prior written consent by the Town, provided that after the Town has accepted the Facilities in accordance with paragraph 3 hereof, Developer's rights hereunder shall be transferred with a sale or conveyance of the Property. 9. Reimbursement for Oversizing. The Town shall reimburse the Developer for costs incurred to install lines greater than minimum diameter. As specified in the Design Standards, the following method will be used to calculate the amount the Town will reimburse to the Developer: (Length) x (Difference in Pipe Cost) = (Amount) 11.178 feet of 12-inch x $7.50 /foot = $83.835.00 (Number of Valves) x (Difference in Valve Cost) = (Amount) 12 12-inch Gate valves x $ 200.00 /valve = $ 2.4(M).00 TOTAL REIMBURSEMENT = $86,235.00 10. Reimbursement for Costs. If, at any time within twenty years from the effective date of the Agreement, any party other than Developer or Developer's successors- in-interest taps into, extends, or otherwise makes use of the Facilities (including developers making use of the Facilities in connection with future subdivisions), the Town shall collect from each such party, as its Rm rata share of the cost of the installation, in addition to the fees to be collected and retained by the Town, an amount equal to 30% of the Town's applicable connection charges, as the same are adjusted from time to time. The Town shall pay over to Developer any such amounts so collected within the twenty year period as the same are received. The Town shall not be liable to Developer for such additional fees if it should inadvertently fail to collect the same when approving a water tap application, so long as the Town is acting in good faith and reasonably cooperates with Developer to collect such fees. In no event shall the amount paid to Developer exceed $203,523, plus interest at the legal rate, as verified by the Town. IN WITNESS WHEREOF, the parties hereby have caused their names and seals to be affixed the day and year first above written. DEVELOPER: At.-- Name: American Honda Education Corp / /Â» 1 1 By:=2;42Â«5Â«32 Â£~:*6Inas A Dean, Vice PresideR!> Makoto 1~bashi, President ESTES PARK, COLORADO By: Title: Mayor, Estes Park Colorado STATE OF COLORADO ) ,Â·W ) SS COUNTY OF BC)WILDER ) Â£~ r; >Â¥I f v- ~ ~ The foregoing agreement was acknowledged before me by Makoto Itabashi as President of American Honda Education Corporation this/25 day of February, 1993. / Notary Public 1 QIL My commission expires: STATE OF COLORADO ) ) SS. COUNTY OF LARIMER ) The foregoing agreement was acknowledged before me by , as Mayor of the Town of Estes Park, Colorado before me this _ day of February, 1993. Notary Public My commission expires: -3- BRADFORDPUBLIS,INGCo. RECORD OF PROCEEDINGS public Works Committee - February 18, 1993 - Page 2 DRY GULCH WATER MAIN - REVIEW OF OVER-SIZING FEE. This item will be discussed during a future meeting. MISCELLANEOUS EOUIPMENT AND PROJECTS - REOUEST TO PURCHASE. BID AND BEGIN PROJECTS. Equipment. Skylights. Existing skylights in the Street/Fleet Maintenance Facility are in need of replacement due to leakage, and the 1993 -'- Budget contains funding ( $7,800) for replacement. Staff requested Robert Barrow Construction/Ft. Collins be awarded the bid in the amount of $6,850 to supply and install 14 Butler Thermopane Skylights and both end caps on the facility. Staff noted that the existing skylights were installed during original construction in 1974; estimated life expectancy of the replacement units is 10-15 years. The Committee recommends approval of the bid submitted by Robert Barrow Construction. Three-Wheel Riding Mower. The budget contains $7,000 for the purchase of a 3-wheel riding mower. The Committee recommends acceptance of the bid in the amount Of $7,495.00 less $1,695.00/trade-in for a total expenditure of $5,800.00 submitted by Loveland Outdoor Equipment, Inc. Three-Wheel Truckster. $7,500 was budgeted for the purchase of a 3-wheel truckster. The Committee recommends approval of the bid in the amount of $6,384.00 submitted by E-Z-Go Textron be accepted. Street Sweeper. Staff requested authorization to negotiate a lease/purchase agreement of $24,000/year (full price $120,000) for the purchase of a street sweeper. Several sweepers have been demonstrated, and, based upon improved operation and visibility, fewer moving parts, maintenance record, and the potential to be used by the Parks Department as a maintenance vehicle due to a vacuum attachment, staff desires to purchase an Elgin Whirlwind Street Sweeper without proceeding through the standard bidding process. Staff would ensure that an aggressive negotiated price would be obtained should the "sole-source" concept be approved. Existing sweeper maintenance for 1992 was $13,000; thus far in 1993, $6,000 has been expended, for an average maintenance cost of the existing sweeper of $10,000/year. The Committee recommends approval of the sole-source concept, directing staff to submit the bid when available. Proiects. The 1993 Budget contains $10,000 for general improvements necessitated by the American with Disabilities Act (ADA). An interdepartmental committee was formed to review public facilities and draft a list and schedule for the modifications. Eight (8) target items were identified and due to the number of contractors required to complete the work, staff is requesting they be allowed to issue purchase orders as necessary to complete the improvements, not-to-exceed $10,000. The Committee recommends approval of the request and budget expenditure. The budget also contaihs $7,000 for an addition to the Parks Department facility located on Big Thompson Avenue, east of the Chamber of Commerce Building. Staff proposed a portion of the work (framing, roofing) be performed in-house and is requesting authorization to proceed with acquiring a building permit. In addition, Director Linnane suggested the excess $2,300 savings in the above-mentioned equipment purchases be applied to this project for a total budget of $9,300. An elevation drawing was presented which identified an addition to be placed on the west side of the existing building, new roof and restrooms, and extension of the exterior cedar siding. The Committee recommends approval of the amended budget Of $9,300 for the aforementioned addition, suggesting the framing and roofing be accomplished by the private sector in lieu of staff. ....FOROPUBLISHING.0 RECORD OF PROCEEDINGS Public Works Committee - February 18, 1993 - Page 3 Department facility located on Big Thompson Avenue, east of the Chamber of Commerce Building. Staff proposed a portion of the work (framing, roofing) be performed in-house and is requesting authorization to proceed with acquiring a building permit. In addition, Director Linnane suggested the excess $2,300 savings in the above-mentioned equipment purchases be applied to this project for a.total budget of $9,300. An elevation drawing was presented which identified an addition to be placed on the west side of the existing building, new roof and restrooms, and extension of the exterior cedar siding. The Committee recommends approval of the amended budget of $9,300 for the aforementioned addition, suggesting the framing and roofing be accomplished by the private sector in lieu of staff. WATER CONNECTION FEE - REVIEW OF ORDINANCE. The water connection fee ordinance the Committee recommended for approval was presented to the Board of Trustees February 9, 1993 13.5. I and it was continued to February 23rd to further clarify various def initions. Discussion followed on single-family and multi-family 2- dwelling, guest houses, commercial accommodation unit, and affordable dwelling. Staff reported that Black and Veatch based their recent study on actual water usage, should a change such as affordable unit be included in the ordinance, the affects to the study should be reviewed prior to adoption of an ordinance. The Committee recommends Town Attorney White review the definition changes pertaining to single-family, multi-family, and commercial accommodation unit as prepared by Chairman Habecker for potential inclusion in the ordinance. 1992 WATER LOOP PROJECT - REOUEST APPROVAL OF CHANGE ORDER. The Committee reviewed Change Order 03 ip the amount of $205.50 for additional asphalt work for said looping project. This project exceeds the 1992 Budget by 3.8% and funds from the 1993 looping project will be transferred to fund the over-run. Director Linnane confirmed that project estimates do include contingencies. The Committee recommends approval of Change Order #3 in the amount of $205.50. 1993 WATER LOOP PROJECT - REOUEST APPROVAL OF SCOPE OF SERVICES FOR DESIGN. The 1993 Loop Project includes the West Wonderview Avenue water main, Big Horn Drive interconnection, Boyd Lane water line replacement and Carriage Drive interconnection. RMC submitted a not-to-exceed project cost of $14,494 for design services. The Committee recommends acceptance of the project cost submitted by RMC. REPORTS. The Committee reviewed the Customer Service Response and Water Use Reports for January, 1993. Bob Joseph reported on warranty work that will be performed on the Conference Center. Existing masonry will be removed and replaced across the front of the building where it meets the copper roof. This project should impact the stains currently observable on the brick exterior. The Committee expressed their appreciation to Special Projects Manager Joseph. Manager Joseph updated the Committee on the Centralized Mail Delivery Project: a cluster box location map has been established for Phase I which is preliminary in nature; locations were based upon questionnaires received. Neighborhood meetings will be RCU BY:XEROX TELECOPIER 7010 ; 2-23-93 1.1:06AM ; 66993801 3035866909:# 2 SENT BY:HAMMOND CLARK WHIT ; 2-23-93 12:09PM ; 6699380-4 0035866909; # 2 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS OF TITLE 13 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, WITH REGARD TO WATER CONNECTION CHARGES WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to amend a portion of Title 13 of the Municipal Code. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARX, COLORADO. Section 1. Sections 13.32.010, 13.32.012, 13.32.015, 13.32.018, 13.32.026 and 13.32.040 are hereby amended and added to read as follows: 13.32.010 Definitions. For purposes of this Chapter 13.32, the folldwing words and phrases are defined as follows: A. "Consumer" means the person or entity who owns the real property to which water service is to be furnished and who executes the application for a connection to the system. B. "" Dwelling" means a detached building designed for, or occupied by, one or more families. C. "Dwelling Unit" means a portion of a building intended as living quarters for a single family, having a single set of kitchen facilities (a stove, plus either or both, a refrigerator and sink) not shared with any other unit; or quarters for up to five persons in a dormitory, congregate dwelling, or similar group dwe 1ling. D. "Accessory Dwelling Unitn means a dwelling unit created within or as an extension to an existing single-family dwelling, comprising not more than one-third of the habitable floor area of the entire dwelling, and having separate egress either directly to the outside or through a shared hall. E. "Single Family Dwelling" means a dwelling containing a single dwelling unit, or a single dwelling unit plus an accessory dwelling unit. F. "Multi-Family Dwelling Unit" means a dwelling containing two or more dwelling units. G. "Commercial Accommodations Unit" means a guest unit providing transient accommodations to the general public for compensation which does not include kitchen facilities. SENT BY:HAMMOND CLARK WHIT ; 2-23-93 12:09PM ; 66993801 3035Â¤65909; N 3 H. "Bed and Breakfast" means a dwelling in which the owner or tenant lets rooms and/or provides table board. Bed and breakfast accommodations shall be treated for the purpose of this chapter as a non-accommodation commercial connection. I. "Large Lot Connection" means any undivided parcel to be furnished water by the Town's water system which contains 10 acres or more. Section 13.32.012 Connection Charge. The consumer shall pay the Town for each new connection to the Town' s water system a connection charge as follows: A. Single Family Dwelling. 1993 $3,520.00 1994 $3,700.00 1995 $3,840.00 B. Multi-Family Dwelling-Per Dwelling Unit. 1993 $2,460.00 1994 $2,590.00 1995 $2,690.00 C. Commercial Accommodations-Per Unit. 1993 $2,110.00 1994 $2,220.00 1995 $2,300.00 D. Non-Accommodation Commercial Connection-the lesser of the following: 1. Minimum Charge. 1993 $2,110.00 1994 $2,220.00 1995 $2,300.00 -2- RCV BY:XEROX TELECOPIER 7010 ; 2-23-93 11:07AM ; 3035866909:# 4 66993804 SENT BY:HAMMOND CLARK WHIT ; 2-23-93 12:10PM ; 66993809 3035866909;# 4 2. Per Fixture Value. 1993 $176.00 1994 $185.00 1995 $192.00 E. Large Lot Connection. 1993 $ 8,720.00 1994 $ 9,510,00 1995 $10,130.00 The Large Lot Connection charge is for single family dwellings only. For any other type of use of the property, the connection charge shall be determined by the Water Department based upon the principles of the Study dated January 21, 1993 by Black and Veatch. The size of all connections shall be determined by the Town. The following table is te> be used to determine fixture values for all connection charges for the Town. Fixture Type Fixture Value Bathtub .................................. 8 Drinking fountain (cooler) .............. 1 Drinking fountain (public).. ............ 2 Kitchen sink, 3-inch connection.... ..... 3 Lavatory, 3/8-inch connection.. ......... 2 Laundry tray, 1-inch connection.... ..... 3 Shower head (shower only) ............... 4 Service sink, 3-inch connection. . ....... 3 Urinal, pedestal flush valve. 35 Wall or stall ......................... 12 Trough (2-Eoot unit)... ................. 2 Water closet, flush valve 35 Tank type. ............................ 3 Dishwasher, 11-inch connection.. ......... 4 Washing machine, 3-inch connection. ..... 5 Hose bibs, 3-inch connection. ........... 6 Should a consumer install a water-using device that is not defined above, or should special use of the water be required, the consumer shall submit sufficient information thereon to enable the Town to determine the fixture value weight for such device or use. -3- SENT BY:HAMMOND CLARK WHIT ; 2-23-93 12:11PM ; 659932;0-4 3EUbt:jbb'=t]'9; m 5 Section .13.32.015 Previously Purchased Water Taps. In the event a consumer has -previously purchased a water tap and paid a fee to the Town, the consumer shall be entitled to a connection based upon the provisions of this Section. A. Single Family Dwelling. No charge. B. Multi-Family Dwelling-Per Dwelling Unit. The lesser of the number of new fixture values over the fixture values purchased previously times $47.50 or $1,400.00. C. Commercial Accommodations-Per Unit. The lesser of the number of new fixture values over the fixture values previously purchased times $47.50 or $1,200.00. D. Non-Accommodation Commercial Connection. The number of new fixtures values over the fixture values purchased previously times $47.50. E. Large Lot Connection. No charge. Section 13.32.018 Additional Services or Fixtures. A. Should the consumer desire additional service or fixtures, or to apply the water for a purposd not stated at the time of the original application, permission must be obtained therefor. When additional fixtures are added and permission therefor has not been obtained, the consumer shall be charged double the current charge for each fixture value added without permission. All of such charges are to be added on to and collected with the water bill. B. Shobld the consumer desire additional service Or fixtures after payment of a connection charge or installation of the original service, the consumer shall pay for the additional service the same amounts as set forth in Section 13.32.015 above. 13.32.020 Installation. All necessary pipe, fittings, meters, valves, shut-off, trenching, back-filling and installation of the physical tap to the Town' 5- water system must be at the expense. of the consumer and under the supervision of the Water Superintendent. All water service connections and all water service extensions, both within and without the Town limits, are subject to special fees as adopted by the Board of Trustees. Tapping must be accomplished by the Town and a standard corporation clock and expansion joint, furnished by the Town must be used. No water service shall be furnished to the consumer until all connection charges and installation fees have been paid to the Town. In addition to the foregoing charges, the consumer shall pay to the Town any charges that the Town has agreed to collect for property to be served by the water main to which the consumer's service line is to be connected, including any contract line assessment as fully set forth in Section 13.24.230 of this code. Said fees shall be paid prior to receipt of any water service. -4- RCV BY:XEROX TELECOPIER 7010 ; 2-23-93 11:09AM ; 6699380-# 3035566909:# 6 SENT BY:HAMMOND CLARK WHIT ; 2-23-93 12:11PM ; 6699380-4 3035866909;# 6 . Section 13.32.040 Discontinuance, Termination an d Abandonment of Service. Any consumer who desires to disconâ‚¬fnue the use of water shall file written notice with the finance officer and pay all current and back charges for water used. Any consumer who fails to pay the applicable minimum rate set forth in this chapter for a period of one year or whose service is terminated as elsewhere provided in this chapter and whose service has not been restored within one year from such termination shall lose any right to have any water service, including the forfeiture of the connection charge. Any reconnection to the Town's water system after disconnection of service, pursuant to this section, shall require a new application for service including payment of all connection charges as set forth in this chapter. Section 2. Section 13.32.110 F. is hereby amended to read as follows: Section 13â€¢32.110 F Minimum Rate. A minimum rate of one-half the metered minimum bill shall be charged for each property for which a connection fee has been paid from the date of payment of the connection fee to the date on which the property is ccnnected to the Town's water system, and thereafter at the rates set forth in this chapter. The consumer shall notify the Town of the date of the first use of water frcm the Town's water system. In the event service is terminated , the minimum rate shall not apply. At such time as the terminated service is restored, the connection charge as set forth in this Chapter 13.32 shall be paid. Section 3. Section 13.32.130 F. is hereby amended to read as follows: Section 13.32.130 F. Minimum Rate. A minimum rate of one-half the metered minimum bill shall be charged for each property for which a connection fee has been paid from the date of payment of the connection fee to the date on which the property is connected to the Town's water system, and thereafter at the rates set forth in this chapter. The consumer shall notify the Town of the date of first use of water from the Town's water system. In the event service is terminated, the minimum rate shall not apply. At such time as the terminated service is restored, the connection charge as set forth in this Chapter 13.32 shall be paid. Section 5. Section 13.32.140 is hereby deleted. Section 6. Section 13.24.200 is hereby amended to read as follows: -5- SENT BY:HAMMOND CLARK WHIT ; 2-23-93 12:12PM ; 6699380-* 3035866909;# 7 Section 13.24.200 Meters-SiZE. Meter sizes shall be determined by the Water Department based upon the number of dwelling units, fixtures, equipment or devices. If at any time the addition of dwelling units, fixtures, equipment or devices is found to require a larger meter, the meter shall be changed and the consumer shall pay the difference in cost entailed on a new meter basis. Section 7. Section 13.24.230 is hereby amended to read as follows: Section 13.24.230 Contract Line Extension Policy. A. The Town has cdnstructed certain water maine to provide water service to undeveloped portions of the Town's water service area. A listing of these water main extensions and the areas they serve are on file in the Water Department. All connections to these mains from the designed areas shall be subject to a contract line assessment as follows: TAP SIZE . CONTRACT LINE ASSESSMENT 3/4" 1,100.00 1" 2,000.00 lit" 4,400.00 2" 7,800.00 4" 31,290.00 6" 70,411.00 Said fees shall be payable as part of ~ the connection charge as more fully set forth in Chapter 13.32 of this code. B. The Water Department reserves the right to charge the entire contract line assessment for any new subdivision at the time of the issuance of the first building permit in said subdivision. Section 8. This ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. SENT BY:HAMMOND CLARK WHIT ; 2-23-93 12:13PM ; 66993800 3035866909;# 8 PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1993. TOWN OF ESTES PARK By: 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 , 1993, and published in a newspaper of general circulation-in the Town of Estes Park, Colorado on the day Of , 1993. Town Clerk -7- eR ADFORD PUBLISHING COÂ· RECORD OF PROCEEDINGS Public Works Committee - February 18, 1993 - Page 3 Department facility located on Big Thompson Avenue, east of the Chamber of Commerce Building. Staff proposed a portion of the work (framing, roofing) be performed in-house and is requesting authorization to proceed with acquiring a building permit. In addition, Director Linnane suggested the excess $2,300 savings in the above-mentioned equipment purchases be applied to this project for a total budget of $9,300. An elevation drawing was presented which identified an addition to be placed on the west side of the existing building, new roof and restrooms, and extension of the exterior cedar siding. The Committee recommends approval of the amended budget Of $9,300 for the aforementioned addition, suggesting the framing and roofing be accomplished by the private sector in lieu of staff. WATER CONNECTION FEE - REVIEW OF ORDINANCE. The water connection fee ordinance the Committee recommended for approval was presented to the Board of Trustees February 9, 1993 and it was continued to February 23rd to further clarify various def initions. Discussion followed on single- family and multi- family dwelling, guest houses, commercial accommodation unit, and affordable dwelling. Staff reported that Black and Veatch based their recent study on actual water usage, should a change such as affordable unit be included in the ordinance, the affects to the study should be reviewed prior to adoption of an ordinance. The Committee recommends Town Attorney White review the definition changes pertaining to single-family, multi-family, and commercial accommodation unit as prepared by Chairman Habecker for potential inclusion in the ordinance. 1992 WATER LOOP PROJECT - REOUEST APPROVAL OF CHANGE ORDER. The Committee reviewed Change Order #3 in the amount of $205.50 for additional asphalt work for said looping project. This project exceeds the 1992 Budget by 3.8% and funds from the 1993 looping project will be transferred to fund the over-run. Director Linnane confirmed that project estimates do include contingencies. The Committee recommends approval of Change Order #3 in the amount of $205.50. 1993 WATER LOOP PROJECT - REOUEST APPROVAL OF SCOPE OF SERVICES FOR DESIGN. The 1993 Loop Project includes the West Wonderview Avenue water ,:g~ , ~~- ~~ main, Big Horn Drive interconnection, Boyd Lane water line - , replacement and Carriage Drive interconnection. RMC submitted a not-to-exceed project cost of $14,494 for design services. The Committee recommends acceptance of the project cost submitted by RMC. REPORTS. The Committee reviewed the Customer Service Response and Water Use Reports for January, 1993. Bob Joseph reported on warranty work that will be performed on the Conference Center. Existing masonry will be removed and replaced across the front of the building where it meets the copper roof. This project should impact the stains currently observable on the brick exterior. The Committee expressed their appreciation to Special Projects Manager Joseph. Manager Joseph updated the Committee on the Centralized Mail Delivery Project: a cluster box location map has been established for Phase I which is preliminary in nature; locations were based upon questionnaires received. Neighborhood meetings will be ROCKY MOUNTAIN CONSULTANTS, INC, gmc 437 South St. Vrain FebrÂ·unry 1, 1993 Estes Park, CO 80517 (303) 586-2458 Metro (303) 825-8233 FAX (303) 825-8912 Bill .Linnane Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: 1993 Water Line Looping Projects Dear Bill: Rocky Mountain Consultants, Inc. (RMC) is providing the following Scope of Engineering Services for work related to the Town of Estes Park 1993 Water Line Looping Project.s. The projects are as follows: 1) Big Horn Drive Interconnection 2) Boyd Lane Water Line Replacement 3) Carriage DrÂ·ive Interconnection 4) West Wonderview Avenue Water Main The following Services will be provided by RMC for the above referenced projects: 1) Research existing conditions 2) Research existing easements 3) Negotiate new easements (if required) 4) Perform horizontal and vertical field survey of the s i Les 5) Design new water lines 6) Prepare the plan sets and contract documents 7) Perform bid work 8) Perform construction observation A detailed breakdown of the engineering cost of services for each project is enclosed. A description of the individual watpr lines is as follows: CIVIL AND ENVIRONMENTAL ENGINEERING â€¢ PLANNING gmc . Big Horn Drive Interconnection Three water lines will be looped for this project. An exi:sting dead-end 2" water line will be tied to a 4" water line which dead-ends south of the Lewiston Townhouses. The same 2" water line will also be tied into an 8" water line near the intersection of Spruce Drive and Big Horn Drive. Boyd Lane Water Line Replacement RMC will design a new 6" water main to connect an 8" water line at the intersection of Spruce Drive and Big Horn Drive to a 4" water line approximately 670 lineal feet to the east. This area is currently being serviced by a 2" water main. Carriage Drive Connection Approximately 30 lineal feet of water line will be required to connect two water mains near the intersection of Ponderosa Drive and Carriage Drive. RMC will perform an engineering analysis of the effects of the interconnection. West Wonderview Avenue Water Main This project will be a coritinuation of the 1992 Water Looping Project which entails replacing a 2" water main with a 12" water ma i n. RMC will design approximately 320 lineal feet of water main which will complete the replacement to Big Horn Drive. Please see attached figure depicting approximate locations for the projects. If you have any questions, please do not hesitate to call. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. 14 /1 / Kevin P.Kielb Re):Adived.4.54 < Civil Engineer tv t / u l I V A AOM/1,1.- <Ker~y M . Prochaska, P.E. KPK\wjk Enclosure gmc Big Horn Drive Interconnection Cost of Services Design Rate/Hr Hrs Total Project Manager $ 75/Hr 4 $ 300 Design Engineer $ 46/Hr 12 $ 552 2-Man Survey Crew $ 65/Hr 8 $ 520 Drafting $ 30/Hr 16 $ 480 Clerical $ 20/Hr 4 $ 80 Total Design................... . . $1,932 Construction Management Project Manager $ 75/Hr 8 $ 600 Construction Observer $ 46/Hr 40 $1,840 Drafting (As-Builts) $ 30/Hr 8 Â· $ 240 Total Construction Management ............ $2,680 Total Project Cost ................................... $4,612 1 gmc .1 Boyd Lane Water Line Replacement Cost of Services Design Rate/Hr Hrs Total Project Manager $ 75/Hr 4 $ 300 Design Engineer $ 46/Hr 24 $ 1104 2-Man Survey Crew $ 65/Hr 8 $ 520 Draf.ting $ 30/Hr 24 $ 720 Clerical $ 20/Hr 4 $ 80 Total Design .................... $2,724 Construction Management Project Manager $ 75/Hr 4 $ 300 Construction Observer $ 46/Hr 24 $1,104 Drafting (As-Builts) $ 30/Hr 4 $ 120 Total. Construction Management ............$1,524 Total Project Cost ................................... $4,248 t gmc West Wonderview Avenue Water Main Cost of Services Design Rate/Hr Hrs Total Project Manager $ 75/Hr 4 $ 300 Design Engineer $ 46/Hr 8 $ 368 2-Man Survey Crew $ 65/Hr 8 $ 520 Drafting $ 30/Hr 12 $ 360 Clerical $ 20/Hr 4 $ 80 Total Design ..............Â·Â·Â·Â·Â·Â· $1,628 Construction Management Project. Manager $ 75/Hr 4 $ 300 Construction Observer $ 46/Hr 24 $1,104 Drafting (As-Builts) $ 30/Hr 4 $ 120 Total Construction Management .....,......$1,524 Total Project Cost ................................... $3,152 9mC Carriage Drive Interconnection Cost of Services Design Rate/Hr Hrs Total Project Manager $ 75/Hr 2 $ 150 Design Engineer $ 46/Hr 2 $ 92 Clerical $ 20/Hr 2 $ 40 Total Design ....................$ 282 Total Project Cost . .................................. $ 282 9mc TOWN OF EnTES PARK 1992 Water Looping Projects Total Services Cost PROJECT COST Big Horn Drive Interconnection $ 4,612 Boyd Lane Water Line Replacement $ 4,248 West Wonderview Avenue Water Main $ 3,152 Carriage Drive Interconnection $ 282 TOTAL PROJECTS COST .... .............................. $12,294 EASEMENTS ... ......................................... $ 2,200 TOTAL NOT TO EXCEED PROJECT COST ... ....... . $14,494 1 . j UNLIVING:TON 1 - Â·Â·: )al v r27"11 1 AKE L 1--21- \ ' ACRES Â·,2 :' . 40 , ...t , Â· : ...Â· 0Â·\42 2.15 14 - iÂ· p..Ill , WEST WONDERVIEW 0 (ff. 1 125=All_ Â· 1-~.*,lt..5.:;zi ~<-0 \~ ~B~J AVE. WATER MAIN : 34:1' AN.SLIk- 1.â€ž i â€ž i Al /2-;rf ' '-, 11 ~+'*':~ DiTYMA- Â·' â€¢\\.1 i ) Full.-1--AI.j'%.Â·; ~ ...4.4, 1 c ..01/1-:. In., .bRMAAW '9 I .1/ii. 3.-..LIL... .... ih~t-4 \ 1.-d ' TRACTI'J I Â· i rell'll'...1 iJall Er D U 2,1,;IMI-id, d :t fl : ' 4...i~-EE<m' Â·1149'*9 ; ''~(21.7~;Bo' ' b STAILEY Ne ~X N-~11~ 11'AMENDEDPCAT)71 LAWN i, .~4 j. 1 Â· ;01%6. ~stit! Â·'r .2,1 1. 4. -,J. 1. 1 Â·DR.IVEi , U il-ille irl 4&1&31Ze.blee.9.-â‚¬21..,f#'/.- t"Nruu*'. 2, I \I~a.=~:42 '2*K 10 /aker .j i -TII*\ Ul l â€¢L,# 101 7.00, #ix le, -- ..1:5~ 1< 21 : 11 JPFS* . N.T. S. 7 2 -0, .-â„¢Â·G>Â·J" 1 Â· CENTER |~~m~Rjimitt'iP[~Ii' 71[h, k-4Â¥%'$1tn J --41119 Â·Â· ' 1-. 77<2x \. 11 ,/ I isr p'W2* 10 ____Zh.____ 17//1.1 .5-y1 -- j j ' '. ..,~\C.BLK 1 4. 1 L]Lk, 12 iI _ _19 ~I ~ ~ ~ W IL~1|~'Jl~A 'B~Yl~~4~r A-'~1 15 .-1;,RÂ·* Ar\,. ..,(..iu (fitÂ·5ff-'t_33 wi-No-N-6~.~T~~T~B~~~-ifir)~I~~Ill~ 6;,~If,#,I,~,'~ te-4~~ ~I4~ ~~.yJ 1Â©94.,; t:, /1 1 N>2 w / BIG HORN DRIVE / â€¢1Â·'5-:NISEt#3 MtrFm~ZSLBOYD LANE WATER 1 n INTERCONNECTION ddmisTTARNY::Sidti E}Eb~.LINE REPLACEMENT ,<14~4 ; ~ . 11, 6-~ '.1 12&1 1-2 Â· ;ki,6 391.ZI~ j fANO*DE~T MWN.TiMC~i?loN _ 1 -i -t St-t:6Â·-,*â€¢ESTÂ¥,EW LAME-em44 . 1 27 130 1.-13,7 2*dt=za#1 , :i'.i. 1-:Â·ficit?:d>:;1.Â· ~~~1" ~9~GCi~~ i~~~ P-E---3 .t - -* DAVI;ST~â„¢117-1â€ž r I , tixÂ£11 ,; --- -~ ,; ~ 1,Â· 1... L-/ i 'L ,; !30.*t,Z.* . p.iM .,f<&80:<4/, . ./\ 0 .< I . , ....5 1,1 . 5, . : I gafffMT,btr 1, 4 .0 Â· ,/UU " Â· . I ./4 - 0 Xliv< '. , I , 1, 10 ?i.7 f 4..2444'' V. .. LE>761 . I .. . '. '1 N 11 i .3 C y. -Â·,4 Z ......E . .,1,5 0. " 1, 1, 1, . 1 . / -\â€ž â€ž .... "'.7.Â· . . 1. - I . .. 12 1,0 7 .. .... - 4,4 1 <11 ~ 1, tx-/.< 1 1, 1. ". ". 4 C.- .. ~ ... 2 - -. LAY, S...0â€¢ N.T. S. CARRIAGE DRIVE , 44 ' - -Â· '0 - C.3 :22 INTERCONNECTION 96,=1- - -. " " " I 1, . . ...1 . 1 1 , /40 .ccu.or L. ... / /\ )) PP4 te- .1Â»9511Â· ULAC . 74-6. 1.' 1 , ,\ 1993 WATER LINE LOOPING PROJECTS LOCATION MAPS gmc \.2 ~39 N mID BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS . Planning Commission January 19, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Sue Doylen, Alma Hix and Larry Wexler Attending: All Also Attending: Community Development Director Stamey, Public Works Director Linnane, Clerk O'Connor Absent: None k Ch~ixian Sager called the meeting to order at 1'1 P.M. 1. MINUTES. Minutes -4-the December 15, 199 meeting were approved as submitted. ~ 2. ELECTION OF 1993 bEFICERS. It was moved and secon (Wexler/Brown) Al Sager be elected Chairman, Alma Hix be ec Vice Chairman (Amos/Doylen), and a representative f m the Clerk's Office be elected Recording Secreta- (A. Hix/Br ), and all motions passed unanimously. / 3. UNFINISHED BJ~INESS. 3.A. Spec'ial Review #92-6. Circle S outfitters Horse Drawn carriaad Rides. Steve Peiffer/Applicant. PursuaRL:to a verbal request by Clyde Taylor it was moved and seconded\(*mos/A. Hix) Special Review #92-6 be continued to April 20, 1993,~and it passed unanimously. SUBDIVISIONS. 4.rk-r Amended Plat of Lots 4. 5. 22. and 23. Block 8. Country ~Â» Club Manor Addition. William. Marv June and Edward W. Myers/Applicant. Chairman Sager opened a public hearing to consider a boundary adjustment among four (4) existing lots to create two (2) lots. Community Development Director Stamey reviewed the staff report. There being no further testimony, Chairman Sager declared the public hearing closed. It was moved and seconded (Brown/Burgess) the Amended Plat of Lots 4, 5, 22, and 23, Block 8, Country Club Manor Addition be favorably recommended to the Board of Trustees, and it passed unanimously. Chairman Sager declared a 10-minute recess to allow an opportunity for the Hospital Administrator to appear. h 5. SPECIAL REVIEWS. IF. RESOLUTION WHEREAS, the "Colorado Sunshine Act of 1972" as amended, requires a municipality to designate a public place to post notices of its meetings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK that the lobby area immediately adjacent to the Administrative Offices in the Estes Park Municipal Building located at 170 MacGregor Avenue, Estes Park, Colorado is designated as the Public Place for Posting Notices of Meetings of the Board of Trustees. INTRODUCED, READ AND PASSED THIS DAY OF , 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk February 19, 1993 MEMORANDUM TO: Mayor Dannels Board of Trustees Town Administrator Klaphake FROM: Vickie O'Connor, Town Clerk 94? SUBJECT: Procedure - Show Cause Liquor Hearings The show cause liquor hearings should be conducted in two (2) phases: 1. Chief Racine will present the case. The Board will "find" if a violation(s) actually occurred. 2. Public comment will be allowed following the "finding". 3. Acknowledge correspondence dated 2/10/93 submitted by PaCK, Inc. 4. Staff Recommendation. If violation(s) are found, a decision on the penalty must be reached and a "Findings and Order" will be issued. FEB 1 0 1993 Estes Park )#CaCK inc. ~ Parents and Community for Kids To: Mayor Bernie Dannels Members of Town Board of Estes Park Norb Aldrich Robert Dekker Steven Gillette David Habecker George Hix February 10, 1993 Dear Sirs: In an effort to provide communication between citizens and our public officials, the Board of Directors of PaCK, Inc. (Parents and Community for Kids) would like to present our particular view for your consideration. Recently, as you are aware, there has been illegal sale of liquor to minors in Estes Park. As an organization that is very concerned about substance use and abuse, we feel somewhat anxious about the legal outcome with regard to the liquor stores involved. Just as there are laws in our state that deal with this type of activity, so too, are there specific penalties when these laws are not followed. As our elected reeresentatives, it is our sincere hope that your position on this issue wiil be one of exemplary leadership and the firmest interpretation of the penalties associated with this offense. Furthermore, we feel that being consistent with a hard line approach in all matters of substance abuse is one way to begin to get control of a troublesome and costly problem that exists in our town. Respectfully submitted, Board of Directors PaCK, Inc. CC: Gary Klaphake, Town Administrator David Racine, Chief of Police Ir@ BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO 4. }l ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: PHILIP J. & CHRISTINE E. SWITZER dba EAST SIDE FOOD STORE 381 S. SAINT VRAIN AVENUE ESTES PARK, COLORADO 80517 LICENSE NO. 03-30054 WHEREAS, it has been made to appear to the Board of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT " B" AND INCORPORATED HEREIN BY REFERENCE IS A COPY OF THE INVESTIGATION REPORT OF THE ESTES PARK POLICE DEPARTMENT. NOW, THEREFORE, you are hereby ordered to appear before this Board at the Board Room of the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on Tuesday, February 23, 1993 at 7:30 P.M., or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned licensee. IN WITNESS ~iEREOF, I have hgreunto set my hand and seal of my office this /0 - day of ck.AtÂ¢U,66* , 1993. 0 TOWN OF ESTES PARK, COLORADO By: 9214-0, 0 -atj Town Clerk EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-46-112(1)(b)(I) C.R.S.: It is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver, or to permit the sale, serving, giving or procuring of, any fermented malt beverage, as defined by Section 12-46-103(1.5), to or for any person under the age of twenty-one years. A. It is alleged that on or about December 29, 1992, Melanie Rene Martin sold a 4-pack of wine coolers to CI #92-1 (d.o.b. 08/24/73), who is under the age of twenty-one years. EXHIBIT "B" ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT OCA NUMBER 92-07-5617 1 I -I.... i.l--~ 4 -337 OCA NUMBER 92-07-5617 - - - - ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT Place of Occurrence: 381 S. St. Vrain Date Reported: 12/29/92 Date Occurred: 12/29/92 Time Reported: 1310 Time Occurred: 1308 Date Assigned: 12/29/92 Time Complete: 1320 Time Assigned: 1310 Time Total: 10 Minutes Time Arrived: 1310 Status: CLEARED BY ARREST (6) Incident Name: UNLAWFUL ACTS/BEER SALE Count: 1 Property Seized: No Evidence Seized: Yes Synopsis MARTIN sold 3.2% wine coolers to an underage cooperating individual. Additional Case Information Premise: 0104 - Business Individuals Involved 1. S/MARTIN, MELANIE RENE DOB: 02/10/72 20 YOA SSN# 7 Race: 01 Sex: M Hgt: 5'11" Wgt: 155 Hair: Bro Eyes: Blu Hm Add: 3690 Little Valley Rd., Box 148, Estes Park, Hm Ph: 586-4993 Bus Add: East Side Food Store Bus Ph: 586-4089 2. PO/EAST SIDE FOOD STORE Bus Add: 381 S. St. Vrain, Estes Park, CO 586-4089 3. IL/ CI #92-1 DOB: 08/24/73 19 YOA Race: 01 Sex: M Hgt: 6'0" Wgt: 185 Hair: Bln Eyes: Blu Case Origin Officer Initiated Officers Actions December 15 Visits CI Purchase Contact MARTIN Summons Evidence December 15 Visits On 12/15/92, Detective Cazan and I visited all the retail beer and liquor outlets in Estes Park. We advised them to be alert to underage individuals attempting to purchase alcohol, especially during the Holiday Season. CI Purchase On 12/15/92, CI #92-1 attempted to purchase alcoholic beverages from several outlets in Estes Park. At about 1310 hours, the CI purchased a 4 pack of wine coolers from East Side Food Store. The CI told us that he had purchased the coolers from a female clerk wearing a black and purple sweater. Detective Cazan and I returned to the store with the wine coolers and identified the clerk as MARTIN. We explained to MARTIN that she had sold a 4 pak of wine coolers to an individual who was not of legal age. 31 (Iii A 1 0 (AG,V- ./.76- 13 - SHIFT' COMMANDER DATE REPOLA/jo 01/04/93 1*dilillititill 0 Â©pri OCA NUMBER 92-07-5617 ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT CI Purchase (Continued) We obtained identification information from MARTIN and explained to her that we would serve her a summons at a later date. The entire time that the CI was in the store, hd was wearing a transmitter and any conversation or remarks were recorded. Summons Detective Cazan prepared a summons for violation of the beer code and it will be served at a later time. Evidence The wine coolers were marked with a case number and logged into evidence. In addition the cassette recording was also logged into evidence. END OF REPORT <-4 A. 2 l *-*lit 11 / 10+ 5 ' SHIFTO COMHANDER DATE REPOLA/jo 01/04/93 /- 6- 13- 1\ '-2 2 7, mi UNIFORM SUMMONS & COMPLAINT OR PENALTY ASSESSMENT CKTIC IZ23 1~223Â°O CASE NO 92-07-5617 No. 9326 Defendant (last Name) (First) (Middle) Date 01 Birth. Mo/Day/Yr Age VIotabon:Mo/Day/Yr Martin Melanie Rene 021072 20 0 TraffIc )00#w 122992 03#68 tMtle Valley Rd. Box 148 c.y Estes Park Stateco. 86#ty Co. No Applpx Tkna Of Violation 06 1 : 10pm Driver'E License Number and Type St- So Race Ht Wt Hair Eyes I Home Telephone Direction Of Travel F W 5-11 155 Brn Blu 1 586-4993 NSEW Traft,c ~codeht In,unes Involved Empta~neside Food SEP2371 S. St. vrain En 5#24074r~ 1 O ms O No b Ws O No Vehicle License Number and Type ~ State Veh,cle Year Make Type or Body Style ADoroximate Location of VIolabon. State of Colorado, Lanmer County,in the TOWN OF ESTES PARK Vehicle Color (TÂ»Bottom) VIN 381 S. St. Vrain iREPEal YOU ARE SUMMONED AND ORDERED TO APPEAR TO ANSWER CHARGES AS STATED BELOW IN. ionmenCOtÂ»m M.6 ..0.1-â€¢ -r.Â·ce ESTES PAFI( 170 MacGregor her,ue on February 9 19 _93_ AT 8: 30 AM)<BL *,01=C,4XXET 0=Â¥'0~2,-AC-â€¢4*i *11.CrAL COURT Estes Park, CO FINE POINTS COM CODE MTC CHARGE ~ SECTIg-72-46-112 CRS EPMC Na 1 Unlawful Acts - Defendant did sell a Fermented Malt Beverage to a person that was 19 yoa. CHARGE SECTION MTC FINE POINTS COM CODE Na 2 CRS EPMC ' ...4-47 :r + ME PlFiQYTI }KEREBY-Me#T-9-- .2- : .crÂ·:' UPON 1*fMENT OF THIS PENAUY ASSESEÂ»~ENT WITHIN 20 DAY&~ I AtKNOWLEDGE GUIC OF >~1 CHARGES ;'. i Ta~*F? Pl.ACE <NOILif.nt. 49[NE, 3; 8 CONDUNED HEREON AND UNDERS[AND T)Â·W THE P(JIN-9 HWOICNED ABOVE WIU BE ASSESSED AGNNST n Kleiled ~j :NOUCE; S.4 .6.0.,Il Â£. Allâ€¢-sda c , 4 7 y ~ NOVICEÂ· S- I,*Duallon, On Al-, S- ,:..â€¢ ; . ~ c. hat Mne S -' Â¥mHOUT ADMIT,ING GUILT I HEREBY PROMISE TO APPEAR *r THE O MANDATORY COURT APPEARANCE ~ TIME AND PL~ANHCATED ABOVE~A Â· 1Â§ DEFENDAhÂ¥| I W LON , M I Initn CmZEN COMPLAINT NODCE: See instru&#ons On Aeverle S/de. l THE UNDERSIGNED HAS PROBABLE CAUSE TO BELIEVE THAT THE QUEN04,446Q~TED THE OFFENSECS) AGAINST THE PEACE ANaDIGNITY OF THE PEOPLE OF THE STATE OF , COLORADO yt) AFFIRMS Am t yÂ°PY (bT SUMMONS & C ~~AINI2R0ENALTY ASSESSMENT 54%9ILLY SERVED UPON TBe'DEFENDÂ»IT 1 DATED 'T DAY OF .,U/1/ 19 / 4 OFFICER -L.4'4 v (-C~ . 527--7 OFFIER LAST NAME 60-,Liza-,4 COURT ESTES PARK POLICE DEP RTMENT THIS IS A LEGAL DOCUMENT-READ BOTH SIDES E 3/ f 44.72 TOWN OF ESTES PARK -30 Y. 4,0 - 6 1 /4% Â·r. 2. +6?' f' ....9 -. 4 1 I ' i.1: : I '... P + \3 ,/ r.- 4.0 wv:Â·,itiM ./:'~. / ' hr, 4 4/4 ''1 14 1 U A j.,' r ..'.3744=*whi to ..4*491'k~1~-'.1,~.'.~, 9...:4161-18*51 14Â·1, fri'7><.4.-, n February 11 1993 Mr. Robert J. Gappa MOUNTAIN DEW LIQUORS Post Office Box 3836 Estes Park, Colorado 80517 Dear Bob: Thank you for your letter dated February 10, 1993 requesting a postponement of the Show Cause Hearing for Mountain Dew Liquors which was scheduled February 23, 1993. Please be advised we have granted the postponement to Tuesday, March 9, 1993 at 7:30 P.M. Sincerely, TOWN OF ESTES PARK Vickie O'Connor, CMC Town Clerk ,<01)586 3111 e ['(18( )X 1200 â€¢ [Fl{S PARK, ('08()513 â€¢ FAX (303)586-2816ADMINISTRATION â€¢ FAX (303)586-6909 OTHER 0 9,1 i J - :i F 11' .: 'i . 1 BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: J. SCOTT WEBERMEIER DEER RIDGE, INC. dba NATIONAL PARK VILLAGE SOUTH 900 MORAINE AVENUE ESTES PARK, COLORADO 80517 LICENSE NO. 03-02531-003 WHEREAS, it has been made to appear to the Board of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "Al' ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT " B" AND INCORPORATED HEREIN BY REFERENCE IS A COPY OF THE INVESTIGATION REPORT OF THE ESTES PARK POLICE DEPARTMENT. NOW, THEREFORE, you are hereby ordered to appear before this Board at the Board Room of the Town of Estes ' Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on Tuesday, February 23, 1993 at 7:30 P.M., or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice ~ shall be mailed or delivered to the above-mentioned licensee. IN WITNESS WNEREOF, I have her,qunto set my hand and seal of my office this /0 - day of - , 1993. TOWN OF ESTES PARK, COLORADO By: 716 0 .A.uu Town Clerk 7- EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-46-112(1)(b)(I) C.R.S.: It is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver, or to permit the sale, serving, giving or procuring of, any fermented malt beverage, as defined by Section 12-46-103(1.5), to or for any person under the age of twenty-one years. A. It is alleged that on or about December 29, 1992, Shirly Wortman sold a 6-pack of Heineken Beer to CI #92-1 (d.o.b. 08/24/73), who is under the age of twenty-one years. EXHIBIT "B" ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT OCA NUMBER 92-07-5618 . /rfa .-,\ 77'/7 37 OCA NUMBER 92-07-5618 C . O-Â·j:* ESTES PARK POLICE DEPARTMENT -- - Â» ...I- FIELD INCIDENT REPORT Place of Occurrence: 900 Moraine Ave., Estes Park, CO Ph: 586-2702 Date Reported: 12/29/92 Date Occurred: 12/29/92 Time Reported: 1325 Time Occurred: 1325 Date Assigned: 12/29/92 Time Complete: 1340 Time Assigned: 1325 ' Time Total: 9 Minutes Time Arrived: 1325 Status: CLEARED BY ARREST (6) Incident Name: UNLAW ACTS/BEER SALE Count: 1 Property Seized: No Evidence Seized: Yes Synopsis WORTMAN sold 3.2% beer to an underage cooperating individual. Additional Case Information Premise: 0104 - Business Individuals Involved 1. S/WORTMAN, SHIRLY DOB: 12/08/38 54 YOA SSN# 7 Race: 01 Sex: F Hgt: 5'1" Wgt: 130 Hair: Gry Eyes: Blu Hm Add: 743 Columbine, Moraine Rt., Estes Park, CO Hm Ph: 586-2613 Bus Add: The Country Store Bus Ph: 586-2702 2. PO/THE COUNTRY STORE 900 Moraine Ave, Estes Park, CO 586-2702 3. IL/ CI #92-1 DOB: 08/24/73 19 YOA Race: 01 Sex: M Hgt: 6'0" Wgt: 185 Hair: Bln Eyes: Blu Case Origin Officer Initiated Officers Actions December 15 Visits CI Purchase Contact WORTMAN Summons Evidence December 15 Visits On 12/15/92, Detective Cazan and I visited all the retail beer and liquor outlets in Estes Park. We advised them to be alert to underage individuals attempting to purchase alcohol, especially during the Holiday Season. CI Purchase On 12/29/92, CI #92-1 attempted to purchase alcoholic beverages from several outlets in Estes Park. At about 1325 hours, the CI purchased a 6 pack of Heineken beer from WORTMAN, a clerk at the Country Store at 900 Moraine Ave.. WORTMAN did not ask the CI for identification nor question his age at any time. The CI wore a transmitter the entire time he was in the store and any conversations or remarks were recorded. 0-knr .- )-6-93 2- 4 5 4 7.- SHIFT #COMMAN*R ' DATE- REPOLA /jo 1/4/93 OCA NUMBER 92-07-5618 U U. 1.6 21 ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT Contact WORTMAN After the CI came out of the store with the beer he had purchased, Detective Cazan and I went in to contact the clerk, WORTMAN. The CI accompanied us into the store and pointed out the individual who sold him the beer, who was then identified as WORTMAN. We explained to WORTMAN that she had sold beer to an individual who was underage and she would be receiving a summons at a later date. Summons Detective Cazan prepared a summons for violation of the beer code and it was served by Detective Cazan on 12/29/92. Evidence The beer purchased from the Country Market was marked with a case number and logged, into evidence. In addition the cassette recording was also logged into evidence. END OF REPORT SHI-~dt~MM~]DIG 1-5-73 0 *,e-/ 1-- DAT'E PREPOLA /jo 1/4/93 L UNIFORM SUMMONS & COMPLAINT OR PENALrY ASSESSMENT THE PEOPLE OF THE STATE OF COLORADO County 01 Lanmer TOWN OF ESTES PARK VS: CASE NO. 92-07-5618 No. 9327 Defendant (Last Name) (First) (Mt<idle) '1%350- M I O Traffic XD[ p- 13Â®Fr Wortman Shirlv Zip Code Ca Na Approx Time 01 Violation City State 047#1131.umbine Moraine Rt. Estes Park Co. 80517 06 1925 Driver'S LIcense Number and Type State I Sex Race Ht. Wt Half Eyes Home Blephone Direction Of Travel N/A I F W 5-1 130 Grv Blu 586-2613 NSEW plobe[ Name Employer Address Occupation Business -~ephone Traffic Accident Inturies Involved %ational Pakk Village So. 900 Moraine Ave. Clerk 586-2702 O Ws O No 0 m O No Vehicle L,cense Number and Type 1 State Vehicle *ar Make ~ Type or Body Style Aoorox,mate l.ocation 01 Violation, State 01 Colorada Larimer County, in the 1 TOWN OF ESTES PARK Vehicle Color (R,p/Bottom) VIN 900 Moraine Ave. Realstered Owner | YOU ARE SUMMONED AND ORDERED TO APPEAR (NEne and Address) TO ANSWER CHARGES AS STATED BELOW IN: O Same as aboa or e-7 -amkbib-Widmmi 170 Ma(Gregor Mnue On Februarv 9 1993 AT 8:30 AM/DIE{ FINE POINTS COM CODE CHARGE SECTIO MIC ~ Na 1 12146-112 CRS | EP.c Unlawful Acts - Liquor (3.2 Beer) DefenriAnt Mi ri Rel 1 3-2 Repr to a person that was 19 yoa. FINE POINTS COM CODE CHARGE SECTION MIC ~ Na 2 CRS EPMC 'eUU,Y ASSEDS&,ENEIJ TRAFFIC,NFR,Cn0148OFFENSE j~~';+ T~, ~5~21~4.%?Â¥ ~rEÂ»ne,T *0~mING GUIIYÂ·1 HEREBY PROMISE TO Â«942 "' WON PAYMENT OF THIS PENAUY ASSESSMENT WITHIN 20 DAYS. 1 Aa<NOWLEDGE GUILT OF ALL CHARGES . INDICNEDABOVE ' L-471 CONTAINED HEREON AND UNDERSTAND TH~ 1ME9N,Sll?0'Ef~ED ABOVE WILL BE ASSESSED 9NNSTi Â·Â· + ipmm/7 i~&104:PatMARIL,-a.5456%~11544,1 -- =,4}-4,9/ Â·.-t: U ~. --Â·Â·'.til-~~ Â·*}:>fff~~Shrartix pe...,Â¥,1 i AtinA, 1 'twrqi, f ' - r- '. -227 7 - NOnCE: S- #natructions On A--1 81* .,i.Â·, t Â· --- : j..tt~ Fine S . I-: I'.I- '. , , ......u: Â¥*'' 4.4 NTHOUr,DMITTNG GURZE,)HEREer.FÂ¥40*ma,OAPPEAR),THE . , -: :COK,ANDAORCOURK?leREARÂ»ICE 923>j~:~i ~ . E~ TIME AND PLACE 1NOICATED ABOVE i -- 1 0 - Ell (AFENULAr >~'... ' 4. - I i . L_. 1 :' J :COMEN COMPLAINT .' - 1 NOr,CE S- Inst,uceon,On A-- Sda A THE UNDERSIGNED HAS PROBABLE CAUSE TO BELIEVE THAT â„¢E-DiFEN{]~T05*ITTED THE OFFENSE(S) AGAINST THE PEACE AND DIGNITY OF THE PEOPLE OF THE STATE OF COLORA[)O," AFFIRMS 1~I,4POPY S Â·gls SUMMONS & C<22[A#~blrelellY ASSESSMENT Â¥/A@ Duly SERVED UPON Die DEFENDAIJT LUXJOL NO,5-024 oFKER LAST NH Cit Za W - 6,11 16 9-0 COURT ES~ES PARK POLICE DEPARTMENI THIS IS A LEGAL DOCUMENT-READ BOTH SIDES RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Hotel and Restaurant Liquor License, filed by The Event Center, Inc., dba THE EVENT CENTER, 470 Prospect Village Drive, Estes Park, Colorado, is February 12, 1993. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, March 23, 1993 at 7:30 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 2.98 miles, as measured from the center of the applicant's property. ADOPTED: