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Home My WebLink AboutPACKET Town Board 1993-04-13BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 13, 1993 7:30 P.M. AGENDA 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 March 23, 1993. 2. Bills. 3. Committee Minutes: A. Public Works, March 25, 1993. B. Community Development, April 1, 1993. C. Light and Power, April 8, 1993. D. Board of Adjustment, April 7, 1993 (acknowledgement only). 4. Liquor License Renewals: A. Winterhawk Enterprises, Inc., dba THE ANTLERS FINE FOOD & DRINK, Tavern License, 1690 Big Thompson Ave., includes Extended Hours. B. Spur Sixty-Six Liquor, Retail Liquor Store License, National Park Village South. C. Big Horn Cafe, Inc., dba BIG HORN CAFE, Beer & Wine License, 401 W. Elkhorn Ave. D. LAB Properties, Inc., dba OLD GASLIGHT PUB, Hotel & Restaurant License, 246 Moraine Ave. E. Resolution establishing public hearing date for New Beer and Wine Liquor License Application filed by R. Monte Smith and Barbara Stewart Smith, dba RENDEZVOUSÂ·CAFE, 509 Big Thompson Avenue. F. Resolution establishing public hearing date for New Hotel & Restaurant Liquor License Application filed by Black Canyon Restaurant, Inc., 800 MacGregor Ave. 5. Motion setting public hearing date of April 27, 1993 to consider petition to create a Housing Authority. ACTION ITEMS: 1. Public Works Committee, March 25, 1993: A. Water Rate Study and Financial Plan - Acceptance of Proposal from Black & Veatch, not-to-exceed $21,000. B. Street/Water Department Equipment Purchases: Tire Balancer, $4,416 Museum Roof, $5,980 Chamber of Commerce Roof, $6 ,765 1 ... Town Board Agenda April 13, 1993 â€¢ Asphalt Paver, $5,700 â€¢ 1-ton Truck & Flatbed, $18,955.05 â€¢ SCADA Equipment, $6,327.88 â€¢ Street Sweeper, $120,000 C. Childrens Center Project - Resolution. 2. Community Development Committee, April 1, 1993: A. Conference Transportation Services - Acceptance of the following proposals 1. Estes Park Trolley - $2,320 2. Charles Tour & Travel - $11,904 3. Light & Power Committee, April 8, 1993: A. Cable Television Franchise - Authorize staff to begin negotiations to include two specific recommendations concerning public access and emergency override as detailed in the minutes. 4. Mutual Assistance Agreement for Pinewood Springs Fire Protection District - Approval. 5. Pine Knoll Annexation - Motion to continue Annexation and Zoning Ordinances to April 27, 1993. 6. Acceptance of Deeds for Stanley Historic District Street: A. Stanley Manor House, Ltd., Frank J. Normali, General Partner. B. FHK Company, Brooks Findley, Sr., General Partner. 7. Lease Agreement and Ordinance approving the leasing of the southeast portion of Parking Lot 2 to Lee Kemper, dba Surrey Restaurant, Inc. 8. Resolution - Setting May 11, 1993 as public hearing date for - "Order to Show Cause Hearing" for Coyote Moon Nightclub, Tavern Liquor License, 800 Moraine Ave. B. 9. A. Acceptance of Resignation submitted by Trustee David Barker. B. Nomination by Mayor Dannels to fill vacancy - term expires April, 1994. 10. Town Administrator's Report - None. 11. Motion to enter Executive Session to discuss (1) the Stanley Historic District Contract Negotiations, and (2) unrelated potential litigation matters. 2 Ecturt of Â¥stes Nark, Lorimer County, Colorado, ...,,,..,.,,Â· Â·, 19.,..., March 23 93 Regular Minutes of a ... . . . 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 23rd March 93 on the ...,.. day of ... ....... ...,A.D. 19. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor Present: Mayor H. B. Dannels TrusteesÂ· George J. Hix, Mayor ProTem Norbert L. Aldrich, David Barker, Robert L. Dekker, Also Present: Stephen W. Gillette, Gary F. Klaphake, David Habecker Town Administrator Gregory A. White, 44Â¢41 Town Attorney Vickie O'Connor, Town Clerk Absent: None Mayor Dannels called the meeting to order at 7:30 P.M. PUBLIC INPUT. There was no public comment. CONSENT CALENDAR: 1. Town Board minutes dated March 9, 1993 [and Special meeting minutes dated March 15, 1993] - see motion below. 2. Bills. 3. Committee Minutes: A. Light & Power, March 11, 1993. B. Special Events, March 18, 1993. C. Public Safety, March 18, 1993. D. Planning Commission, March 16, 1993. 4. Liquor License Renewals: A. Philip & Christine Switzer, dba EAST SIDE FOOD STORE, 381 S. Saint Vrain Ave., 3.2% Retail Beer License. B. Michael & Winifred Krawchuk, dba LONGHORN LIQUOR MART, 1640 Big Thompson Ave., Retail Liquor Store License. C. Richard A. Barlow, dba POPPY'S PIZZA & PUB, 342 A E. Elkhorn Ave., Beer & Wine License. D. Estes Valley Recreation & Park District, dba ESTES PARK GOLF CLUB, Hotel & Restaurant License with Optional Premise, 1080 S. Saint Vrain Ave. Mayor ProTem Hix requested Item 01 containing the Special Meeting minutes be removed from the Consent Calendar. It was moved and seconded (Hix/Habecker) the Consent Calendar (as amended) be approved, and it passed unanimously. It was moved and seconded (Gillette/Dekker) the Special Meeting Minutes dated MarchÂ·15, 1993 be approved, and it passed by the following votes: Those voting "Yes" Trustees Aldrich, Barker, Dekker and Gillette. Those voting "No" None. Those "Abstaining" Trustees Habecker and Hix. Board of Trustees - March 23, 1993 - Page 2 ACTION ITEMS: 1. Light & Power Committee, March 11, 1993: Electric Rate Update Study - Approval of Contract with Max Kiburz. Light & Power Director Matzke reported that this study will incorporate new wholesale rates which were instituted by PRPA into the base rates. It was moved and seconded (Aldrich/Hix) the Contract, not-to-exceed $8,000 with Max Kiburz be approved, and it passed unanimously. 2. Special Events Committee, March 18, 1993: Agreements. It was moved and seconded (Hix/Habecker) the Lions Club Concession Stand Lease, Colorful Colorado Quarter Horse Show and Colorado Hunter-Jumper Horse Show Agreements be approved, and it passed unanimously. 3. Telephone Bids. Construction and Facilities Manager Sievers reported that the 1993 Budget includes $58,200 for a new telephone system for both the Police and Municipal Offices. Eight RFPs were issued and four (4) firms responded; the most competitive proposals were submitted by AT&T and Executone, with the lowest bid being proposed by Executone, as follows: Basic System ................. $41,889.00 Lightning Protection ......... 3,327.60 5-Year Maintenance Agree. .... 14,625.00 Upgrade portion of Telephones. 3,101.10 Expenses to Date (electrical, consultant, etc.) .......... 3,290.00 January 1994 Expense (deferred) (1.194.00) TOTAL CONTRACT $65,038.70 The budget shortfall totals $6,838.70; however, Executone has agreed to a deferred payment of one year on the maintenance agreement ( 1994) . The remaining deficit will be shared and expended from the General and Light and Power Funds. An additional four (4) lines will be established, for a total of ten (10) in-coming telephone lines. Chief Racine reported on the Enhanced 911 system which will work concurrently with the new telephone system. The E911 system is being funded by residents within Larimer County at a $.50/customer charge collected on the telephone bill. Discussion followed concerning the magnitude of the system upgrade, maintenance agreement and service/response time. The new telephone system should be "on-line" in May, with E911 in July. It was moved and seconded (Aldrich/Hix) the proposal submitted by Executone in the total amount of $65,038.70 be accepted, and it passed unanimously. 4. North Ridge Meadow Condominiums Special Review. Richard Willa/Applicant - Appeal of Planning Commission Decision of Denying Density Bonus. Mayor Dannels opened the public hearing. Trustee Habecker declared a "conflict of interest" and vacated the room. Community Development Director Stamey reviewed the Applicant's request for a 6% density bonus and Planning Commission's recommendation that the request be denied (based upon building mass, utilization of the site and neighborhood compatibility), resulting in a total of 47 units. The proposal also includes replatting of the 13 existing lots into one (1) lot and a rezoning request. These items will be reviewed at a later date. Administrator Klaphake noted that the bonus request is not a "vested right", and that the Commission's recommendation was forwarded following extensive review. Applicant's representative Bill Van Horn presented his request for the . Board of Trustees - March 23, 1993 - Page 3 appeal based upon the site which has been zoned Commercial- Outlying and which partly abuts residential and multi- family; proposal to "down-zone" the property to residential; incentives regarding energy savings; maintaining existing vegetation; staff recognition of favorable design features; the Applicant is allowed a 20% bonus and is requesting 6%; the additional three (3) units make the difference in affordability of the project; traffic on Dry Gulch Road will not be impacted; photographs (4) were presented indicating the proposed site, property line, and views from the north and west; existing slope which has resulted in a 40% decrease in building area; obligation to the Applicant's property in addition to that of the neighborhood; setback; and landscaping. Town Attorney White urged Mr. Van Horn to clarify his request--Mr. Van Horn responded by reading portions of the following: Section 17.20.020 C. and D. Staff emphasized the review was only to be centered upon the bonus request. The Trustees posed questions relating to landscape treatment of the cut for the roadway, and clarification from Planning Commission Chairman Sager on the Commission's "findings" for approval of the 47 units. Public testimony in "opposition" was heard from Walter Dunn (represented 120 residents and expressed concern with building mass) ; Rowland Retrum (urged the Board give serious consideration to the concerns expressed by the affected residents); Alan Aspinall (representing the North End Property Owners--concern with building mass, density, traffic - and support for the replatting). Mr. Van Horn was offered an opportunity for rebuttal. Town Attorney White acknowledged a letter in opposition to the appeal dated March 19, 1993 submitted by Ron Harvey, adjacent property owner. There being no further testimony, Mayor Dannels declared the public hearing closed. In summary, Mayor ProTem Hix stated that the Trustees are the custodians of the public interest in development matters; the best interest of the neighborhood of the proposed development as well as the public at large should be carefully considered; quoted from Section 17.12.030.B.3. relative to residential district obj ectives; the Planning Commission determined that it would be the best interest of the neighborhood to keep the density of this property to a minimum required lot size and not allow a density bonus for the development; the Board, under Section 17.20.020.6.C could grant a density bonus by special review if determined that the plan utilized the' topography and site vegetation to generally locate the buildings that were least obtrusive from the off-site; site vegetation is located in a swale where it would not be feasible to build; topography is such that the longest side line of the property is at the bottom of the hill and fronts onto an arterial, street, therefore, there is no way to utilize the topography to locate the buildings in the least obtrusive way. Agreeing that there is a need for additional economical housing units in Estes Park, it was moved and seconded(Hix/Aldrich) the Board Of Trustees deny the Applicant' s appeal of the Planning Commission decision, thus approving 47 units. Following Trustee discussion concerning the Town Board's separate and distinct role in weighing recommendations submitted by the Planning Commission, reasoning that perhaps developer incentives should be clarified, and clarification on landscaping, the motion passed unanimously, with Trustee Habecker Abstaining. Trustee Habecker returned to his position on the Board of Trustees. 5. New Hotel & Restaurant Lia"uor Application filed by The Event Center. Inc.. dba THE EVENT CENTER. 470 Prospect Village Dr.. Mayor ProTem Hix declared a potential "conflict of interest" and stated he would not participate in discussion nor vote. Mayor Dannels opened the public hearing for a New Board of Trustees - March 23, 1993 - Page 4 Hotel & Restaurant Liquor License application located at the former health club building. Ed Grueff/Applicant, reported that The Event Center will conduct nightly entertainment during the summer months ranging from Country Western to Big Band. The non-smoking establishment will also provide entertainment for the youth. Liquor will not be served during these functions, and Mr. Grueff is researching methods of ensuring underage patrons will not be allowed to imbibe malt, vinous and spirituous liquor. As there was no public comment, Mayor Dannels declared the public hearing closed. Finding that the reasonable requirements of the neighborhood are not being 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 (Dekker/Aldrich) the New Hotel & Restaurant Liquor License for The Event Center be approved, and it passed unanimously, with Mayor ProTem Hix Abstaining. 6. Ordinance #3-93 Electric and Barbed Wire Fences. During their meeting January 25, 1993, the Administrative Committee directed Town Attorney White to prepare an ordinance regulating electric and barbed wire fences. Discussion followed regarding the regulation's affect on potential annexation in areas that are "rural in nature", affect on properties where horses are being accommodated, potential exceptions/exemptions, setback; and attractive nuisance. Dick and Ray Carlton noted their concern with the Ordinance , relative to private property rights. Frank Hix reported that such a fence also acts to protect the public from hazardous property. Realizing the necessity for additional research and discussion, the Ordinance was tabled. 7. Town Administrator's Report. Administrator Klaphake had no report. There being no further business, Mayor Dannels adjourned the ~ meeting at 9:29 P.M. Mayor * Town Clerk BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee March 25, 1993 Committee: Chairman Habecker, Trustees Barker and Gillette Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Clerk O'Connor Absent: None Chairman Habecker called the meeting to order at 10:00 A.M. WATER RATE STUDY AND FINANCIAL PLAN - REOUEST APPROVAL OF SCOPE OF SERVICES. The 1993 Budget included $25,000 for a comprehensive water rate study and financial plan. Black & Veatch submitted a scope of f services listing the project approach as follows: (1) Financial Planning - the firm developed a five-year financial plan in 1990 and the plan was updated in 1991. This study will determine an appropriate level of water sales revenue to meet revenue " requirements and maintain adequate cash reserves; (2) Cost of 1 Service Analysis - The cost of providing water service to each customer class is identified; (3) Rate Design - Water rates are designed to provide appropriate level of revenue and equitably recover cost of service. Black & Veatch submitted a fee of $23,700 for the study; however, staff has negotiated a not-to-exceed price of $21,000. John Gallagher/Black & Veatch presented a copy of the 1991 Financial Plan which indicated a potential 5% rate increase in 1994 and 1995. Concerning the update of the Financial Plan Item #B.1., Administrator Klaphake advised that: (1) the Town has compiled annexation projections and trend lines; with the Comprehensive Plan update currently being prepared, all of this information will be shared and provided to Black & Veatch; and (2) the State Legislature is currently reviewing a bill that will eliminate the Water Fund from Amendment 1. The study should, therefore, ignore Amendment 1 restrictions in its calculations. Following discussion, the Committee recommends accepting the proposal, not-to-exceed $21,000 submitted by Black & Veatch, authorizing the firm to retain the concept of rural and urban rates in the study. 1993 WATERLINE PROJECTS - REOUEST AUTHORIZATION TO SOLICIT BIDS. The engineer's estimate for this annual maintenance project is $108,200 which is under budget. The Committee reviewed a sketch of all waterlines that will be replaced. The Committee recommends staff be authorized to solicit bids for this project. MISCELLANEOUS STREET/WATER DEPARTMENT EOUIPMENT - AUTHORIZATION TO PURCHASE. The following items were included in the 1993 Budget and staff requested authorization to purchase: Tire Balancer - Budgeted $4,500. The low bid in the amount of $4,416.00 including installation was submitted by Hennessy. Museum Roof - Budgeted $8,000. Hall's Roofing submitted a price of $5,980 to apply a new fiberglass roof on all four areas of the existing roofs. Work is to be completed by May 1, 1993. Chamber of Commerce Roof - Budgeted $7,000. Hall's Roofing GRA'FOROPUBLISHING.0 RECORD OF PROCEEDINGS Public Works Committee - March 25, 1993 - Page 2 submitted a price of $6,765 to install a beige pro-panel metal roof. Due to the metal roof material, staff will add snow clips to scatter melting snow to the bid price. Asphalt Paver - Budgeted $6,000. MacDonald Equipment submitted the low bid in the amount of $5,700 for a "tow behind" asphalt paver. 1-Ton Truck & Flatbed - Budgeted $25,000. Rains Ford submitted the low bid in the amount of $18,955.05. SCADA Equipment - Budgeted $6,500. Timberline Mechanical submitted a price of $6,327.88 to replace the telephone line with SCADA control for the Fall River water tank. Street Sweeper - Budgeted $120,000. Seven machines were tested and the Elgin Whirlwind Series LE sweeper is being requested. Staff negotiated the price of $113,950 (sole source). The price was verified with other users (municipalities) of this equipment. The suggested retail price is $135,850. Due to Amendment 1 requirements, the sweeper will be obtained through a 5-year lease purchase plan at 5.94%* interest. The Town will exercise the lease purchase, however the entire $120,000 will be encumbered from reserves until the sweeper is paid-off. Delivery is anticipated 8 weeks ARO. The Committee recommends approval of staff's request to purchase the above-referenced equipment as noted. 1993 STREET IMPROVEMENT PROGRAM - REOUEST AUTHORIZATION TO BID. The Committee reviewed the proposed 1993 Street Improvement Program which includes 2 miles of 1%" overlay. The budgeted amount is $100,000. The Committee recommends staff be authorized to bid the project, directing same to discuss epoxy striping of areas in need of repair with CDOT and report to the Committee in April. CHILDRENS CENTER - PROJECT UPDATE. Administrator Klaphake requested the Town close-out the building project for the Childrens Center and transfer funds to the School District. The original budget was overrun by 2% due to unexpected complications concerning natural gas service and sanitation fees. With the exception of asphalt work, the project has been completed. The Committee commended Special Projects Manager Joseph on a job well done and recommends the project be closed-out as requested, including the budget overrun of $5,098.90 which will be expended from the fund balance. REPORTS. The Committee reviewed the Customer Service Response and Monthly Water Reports for February. The Water Department will begin the annual waterline flushing program April 19-23, 1993. The schedule will be provided to the news media. Pursuant to a request that staff investigate the possibility of milling and overlaying Elkhorn Avenue (Highway 34), staff met with Max Fanning and Ron Rasmussen of the Colorado Department of Transportation (CDOT). CDOT will overlay Elkhorn Avenue when they have been assured that the water main under 'the highway will not cause problems to the new asphalt for a reasonable period of time. CDOT would phase the project with Phase 1 starting at the l. I BRADFOR....LISHING.0 RECORD OF PROCEEDINGS Public Works Committee - March 25, 1993 - Page 3 Elkhorn/Bypass Intersection, going east to West Park Shopping Center. Phase 2 would be from the shopping center east to the 34/36 Intersection. If funding is available, Phase 1 could be accomplished in the spring of 1994. Water Department personnel are investigating the condition of the water main and preparing cost estimates for repairs. If the cost is acceptable in terms of the anticipated 1994 Budget and Amendment 1, staff will issue a tentative commitment letter to CDOT. Staff anticipates their waterline portion of the project will be conducted in four (4) phases ranging from $65,000 to $150,000/phase. An estimated time- frame for completion of the asphalt overlay is 1997. All affected agencies will be contacted to obtain their input prior to initiation of the project. No further action was taken. Director Linnane and the Committee commended Construction and Facilities Manager Sievers for his efforts on the New Telephone System Project for Police and Municipal Offices. There being no further business, Chairman Habecker adjourned the meeting at 11:10 A.M. vi,t buf-,i.i Â© -â‚¬ 6,Â«L..4 Vickie O'Connor, CMC, Town Clerk I BRADFORIPUILISHING.0 RECORD OF PROCEEDINGS Community Development Committee April 1, 1993 Committee: Chairman Barker, Trustees Hix and Dekker Attending: Trustee Dekker Also Attending: Trustee Habecker, Ass't. Administrator Widmer, Sales & Marketing Director Pickering, Advertising Manager Marsh, Museum Curator Kilsdonk, Clerk O'Connor Absent: Chairman Barker, Trustee Hix, Community Development Director Stamey Acting Chairman Dekker called the meeting to order at 10:00 A.M. CONFERENCE TRANSPORTATION SERVICES - APPROVAL. The Town received two (2) proposals to provide conference transportation services for seven (7) conferences: COMPANY CONFERENCE PROPOSAL Estes Park Trolley Opticians $ 2,320 Charles Tour & Travel Nebraska Rotary, O.B.E., American Legion, Snow & Ice, COVA, Association of Realtors 9,584 TOTAL: $11,904 The 1993 Budget contains $8,000 for such services. There is a $2.00/night room charge for all participating accommodations which is reimbursed to the Town. Staff anticipates the reimbursement will bring the transportation program within budget ($3,904 deficit). Director Pickering reported that both companies received excellent reviews for their dervice in 1992. The Committee recommends approval of both proposals as identified above. MUSEUM REPORT. Curator Kilsdonk noted that the Museum Sign has been installed and is fully operational; additional landscaping will be provided in the near future. The Chansonetta Stanley Photograph Exhibition has been installed and has been successful. An "Interpretive Plan" designed to clarify the Mission Statement by specifying topics appropriate for the Museum to be covering through collections, exhibits and programs was presented for approval. Six interpretive themes were addressed: Early Visitors and Settlement, Tourism- Colorado's First Mountain Resort, Recreation, Town and Community Development, Cultural and Social History, and Natural Resources. Following discussion, the Committee recommends approval of the Interpretive Plan as submitted. Staff reviewed recent events, adding that the CWAM Meeting for 1995 has been awarded to LaJunta. The Estes Park Conference Center was "perfect"; however, the Board opted for geographic diversity in lieu of quality of facility. REPORTS. Advertising Manager Marsh noted that the Advertising Performance Report was unavailable due to the timing of the meeting being the first of the month. Current Projects include a new rack brochure for Welcome Centers and front- range distribution. This brochure replaces the current rack card, and to some degree the current lure brochure. The redesign of the 1994 Visitors Guide is complete. This piece will replace the current lure brochure at considerable savings to the Town. Rooftop Rodeo posters and rack cards will be available from the printer in approximately two weeks. Tom Pickering and Bill Thomas are working on the Spring Conference Center Newsletter. The May insert will be started in the next few days. There being no further business, Acting Chairman Dekker adjourned the meeting at 10:15 A.M. -13 k UU-/ 0 dAU Vickie O'Connor, CMC, Town Clerk . eRiC)FORIPUBLISHING.0. RECORD OF PROCEEDINGS Light and Power Committee April 8, 1993 Committee: Chairman Aldrich, Trustees Hix and Dekker Attending: All Also Attending: Ass't. Administrator Widmer, Light & Power Director Matzke, Clerk O'Connor Absent: None Chairman Aldrich called the meeting to order at 10:00 A.M. CABLE TELEVISION - FRANCHISE ISSUES. Ass't. Administrator Widmer presented the following review of the cable television permit agreement: the agreement was approved by the Town Board on July 14, 1981. The term was 15 years, with an option for a 10-year renewal. During the 1980's, the cable system was owned and operated by several different companies. Various original permit requirements were waived by the Town when Cable Systems, Inc. (CSI) assumed operations in 1983. The cable industry was deregulated in 1984 with passage of the Cable Deregulation Act. Fanch Acquisition Group acquired the system in 1987 and during 1988 and '89, the Town primarily focused on improving the quality of the system. Thus, the cable manager was directed to report progress to the Light and Power Committee. In 1989, satisfied with improvements made, the Town released the manager from attendance at the Committee meetings. The Cable Act of 1992 re-regulated the industry, and further confused the requirements of the original permit agreement. It is unclear what provisions of the original agreement are enforceable, or even needed in light of the new regulations and technical changes and improvements in the industry. CSI requested they be allowed to initiate proceedings to produce a new agreement in the Fall, 1992; however, the Town opted to postpone further action pending new regulations from FCC. Subsequent demands by the public for clarification of the existing permit requirements resulted in the Town electing to proceed with the permit modification process in the Spring of 1993. Staff has been researching cable television practices of other communities. Although there are many technical and operational requirements in a typical permit agreement, there are basically two (2) issues that require direction from the Town Board before staff can proceed with negotiations: public access and emergency override. Staff presented a videotape sampling of local origination (public access) community television and government channel (city council meetings, police/fire information, etc.). Ass't. Administrator Widmer reviewed his report and also provided options and recommendations for public access and emergency override capabilities. CSI Representative Craig Poulsen confirmed that CSI is prepared to begin negotiations on a new Franchise Agreement. Mr. Poulsen also commented on the necessity for Channel 8 to gain sponsorships for their programming, and potential future topics (fishing, RMNP Fountain of Life, gardening). Following discussion, the Committee recommends staff be authorized to begin negotiating with CSI, with inclusion of the following: 1. Public Access be blended into governmental and other community programming, combined with operations of an existing leased channel or a new channel. Community BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Light and Power Committee - April 8, 1993 - Page 2 programming would most likely take place at a prescribed blocked-out time period. Town could appoint a station manager and a board to oversee operations and deal with public access issues. The channel could seek sponsors grants, and memberships to support the costs of community programming. 2. Emergency Override Capability to be included in the Agreement; however, the Agreement could stipulate that activation would be provided within 90 days written notice by the Board of Trustees. Requiring an audio override only or both video and audio override could be negotiated as technology improves. A cable television article addressing rate regulation prepared by CML was included in the packet for review. 1993 PURCHASE POWER RIDER/INTERIM RATE - REPORT. Director Matzke presented a copy of the retail electric rate summary reflecting the change in the Town's wholesale rate from PRPA which results in a purchase power rider reduction of $0.00118/kwh which will be applied to the energy charges in all base rates. The previous purchase power rider was an increase of $0.00234/kwh. The change is an overall reduction of 4.92% of total electric sales revenues. The new interim electric rates are effective with the first billing period beginning April 1, 1993 and will be 'reflected in electric bills in May. EMPLOYEE RECOGNITION - JOHN MCDOUGALL. A 4-year lineman apprentice program was initiated in 1990. John McDougall enlisted in the program, and effective April 1, 1993, John McDougall was promoted to Lineman II. Mr. McDougall has made excellent progress and is now in his final year. The Committee extended their congratulations to John, wishing him continued success in the Department. 1990 ONE-TON UTILITY TRUCK - REPORT. Fleet Manager Shanafelt advised that the one-ton duty truck purchased in 1990 has experienced repeated mechanical failures. Thus far, all repairs have been covered under warranty; however, with a total Of eleven (11) failures to date, staff is contemplating options for replacement. As the vehicle may qualify for replacement under the "lemon law", the Committee recommends staff contact Attorney White and report to the Committee when an update is available. REPORTS. Due to the timing of the meeting and reporting procedures, the financial report was unavailable, for the meeting; however, various graphs were presented relating to purchase power demand and energy, and electric sales by month. The financial report will be distributed when available. Director Matzke will attempt to include the co-incident peak demand to the report. Mike Mangelsen offered an update on the Fall River Hydro Plant, stating that upon physical inspection of the Â·plant by Eric Jacobson, mechanically, the plant appears to be sound. As it may be possible to begin generation this summer, staff will schedule a study session with Mr. Jacobson and other interested parties to further discuss items relating to permitting procedure, historical site significance, and related matters. % 1 BRADFORIPUSLISHING.0 RECORD OF PROCEEDINGS Light and Power Committee - April 8, 1993 - Page 3 Project Updates: A pad-mounted transformer will be installed on Devils Gulch Road for the Honda School Pump Station. A pad-mounted transformer will also be installed at the Old Plantation Shops and riverwalk extension project (future construction). The Spur 66 Rehabilitation Project has been completed. Ass't. Administrator Widmer reported that PRPA has sold bonds resulting in a savings of $50 million. PRPA participated in a government program whereby an electric car was purchased. The car will be in Estes Park for a demonstration in the near future. There being no further business, Chairman Aldrich adjourned the meeting at 12:00 Noon. 0 6, Vickie O'Connor, CMC, Town Clerk 1 ' f' M T BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Board of Adjustment April 7, 1993 Board: Chairman Habecker, Members Dekker, Newsom, and Sager Attending: Chairman Habecker, Members Dekker, Newsom, and Sager Also Attending: Building Official Allman, Deputy Clerk Kuehl Absent: None Chairman Habecker called the meeting to order at 9:00 a.m. APPROVAL OF MINUTES Minutes of the meeting held January 6, 1993, were approved as submitted. ARAPAHO MEADOWS ADDITION, TRACT 3, ANN L. LEONARD/PETITIONER - VARIANCE REOUEST TO MAINTAIN A HORSE ON LESS THAN 5 ACRES Applicant is requesting variance from Section 7.08.070(1), pertaining to minimum lot size to maintain a horse. The Municipal Code states that in the E-Estate District, a landowner may maintain horses provided the minimum lot area is five acres and the number of horses does not exceed four. Building Official Allman noted that subject lot size is 4.833 acres and the property is located in an area where there are other horses. Letters were sent to all adjacent property owners and no responses were received. Applicant Leonard stated she presently owns only one horse and will own only one horse in the future. She further explained her intentions for changes on the property which included building a half acre corral and removing the fence surrounding the property. It was moved and seconded (Sager-Dekker) that the variance be granted with the following stipulations, and it passed unanimously: 1. Variance granted to the petitioner and not extended to future purchasers. 2. Number of horses limited to one. 3. All other requirements for location of fencing, corral/stable, etc., be met. There being no further business, Chairman Habecker adjourned the meeting at 9:12 a.m. 1-L.. Kwo Tina Kuehl, Deputy Town Clerk ij .4 4. TOWN OF ESTES PARK 14 Li '.ar J =537 Police Department -,444 40 4:2 9 _.217'. 1.- --0578&/4 1.F } 41; 7 1 N .'... -'*'~ , 70 -e -B . 9 . M.'L.Il/i~rliad"â€¢--- 4 w.-~ -Â»â‚¬41~ .t~J 0-446*,il .11â‚¬. 45/1 4/. N- 951#4 '-b*:- 1~Â·.-Â· 1-1- 475/5. 4 .3 .0 1 - i 'f' March 31, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Winterhawk Enterprises, Inc. d/b/a Antler's Fine Food & Drink Tavern License Brown, Mitchell F. Brown, Sherri A. 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 Winterhawk Enterprises, Inc., d/b/a Antler's Fine Food & Drink. sipgerely, /7 / I . '07- N y P,j \ kojÂ»- David J. Racine Chief of Police DJR/jo (303) 586-4466 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 i~ j* TOWN OF ESTES PARK Police Department - f - ~ -I --0: 1671.Â©Itvjg,a- ....%1*12*61,/i.:,w#ff/:- - /-11/ir,/iril'limilic< d0plrizz Â»1 1 - - i //12012Â·'rHUU .Ah lÂ¥4.70:' 1-h tkil 4- .:-r-Â·Â·Â·-- 2-7337:t-*19<4*; rtifa~Jif~f)i,;131.f<-2 Â»Z'kt :' .,2.- .2.'h ... c,Â·43Â·4 :'-i' 1 4 br F< -r.... 4 -- - -fice: 4-~ 4 4, -t<u~:4*~r Â·~.I' ,>W'. / '2.- 78> -Â» -2:/.* . 'TLP'W,3VY&/ 4,;30//til-;. 2.3- U I./59 1 *- N .â‚¬11 March 31, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Don R. & Marge Spomer d/b/a Spur Sixty Six Retail Liquor Store SPOMER, Darcy SPOMER, Don SPOMER, Marge 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 Don R. & Marge Spomer d/b/a Spur Sixty Six. Sincerely, A /CLOA>Â£*82--- Chief of Police DJR/jo (303) 586-4466 â€¢ RO. BOX 1 287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 , 4 TOWN OF ESTES PARK 1 Police Department 24 7.r -Â·-<ia*42 j .4.1 % . . %6 . -1- -I ja-,-42&01'~~~19~tÂ£%,2Â· -3 ~ <Ef C wt:340*Â» ~_~ ''1.-Â·I -h $ , Pâ€¢Â»a>12*ZMAir - 4 - l ectix'..4,~U 91,11rl F{*rf.Â·'?9~46 2+ 5 6Â·Â·3.-1~ .-v.Â·4: ~ ''1 Â·5 ,.41.-f .= t./44*.ta:i~1~,): 74//~Re...; d Â» ~ 22Â©74#.../.-\47&*PEO-.Ify-7122/1 ezâ€¢*d,&rJA / 7 April 6, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Big Horn Cafe Inc. Beer & Wine Ricciardi, Anthony F. Ricciardi, Kathleen M. 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 Big Horn Cafe Inc. Sincerel~' Davidid. Racine Chief of Police DJR/jo (303) 586-4466 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 , TOWN OF ESTES PARK Police Department 24*_ x r r av 4222 9 / / 4:ZA , J,B 1 'K 8 1 - - , 6 - - p.J v . 14 M jj~ "f 3 . W .'. 20,-:r F,--4~i>2Â»040~12: Â·â€¢A Â»â€žt, 272 -3- 4 -9--,-- "127.' 'AB' 44 April 9, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, Colorado 80517 RE: Lab Properties, Inc. d/b/a Old Gas Light Pub Hotel & Restaurant Beal, Larry W. Beal, Brenda K. Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above-named individuals 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 Lab Properties, Inc., d/b/a Old Gas Light Pub. Sincerely, 1:i. 24,.-e David J. Racirt7" Chief of Police tk (303) 586-4466 â€¢ RO. BOX 1 287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 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 Beer and Wine License, filed by R. Monte Smith and Barbara Stewart Smith, dba RENDEZVOUS CAFE, 509 Big Thompson Avenue, Estes Park, Colorado, is March 31, 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, May 11, 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 3.11 miles, as measured from the center of the applicant's property. ADOPTED: 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 Jim Sloan, dba BLACK CANYON INN, INC., 800 MacGregor Avenue, Estes Park, Colorado, is April 9, 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, May 11, 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 3.21 miles, as'measured from the center of the applicant's property. ADOPTED: ' SWAOFORD/UILISHINGCO. RECORD OF PROCEEDINGS Public Works Committee March 25, 1993 Committee: Chairman Habecker, Trustees Barker and Gillette Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Clerk O'Connor Absent: None Chairman Habecker called the meeting to order at 10:00 A.M. WATER RATE STUDY AND FINANCIAL PLAN - REOUEST APPROVAL OF SCOPE OF SERVICES. /â€¢A,..w The 1993 Budget included $25,000 for a comprehensive water rate /' study and financial plan. Black & Veatch submitted a scope of services listing the project approach as follows: (1) Financial Planning - the firm developed a five-year financial plan in 1990 and the plan was updated in 1991. This study will determine an appropriate level of water sales revenue to meet revenue requirements and maintain adequate cash reserves; (2) Cost of Service Analysis - The cost of providing water service to each customer class is identified; (3) Rate Design - Water rates are designed to provide appropriate level of revenue and equitably recover cost of service. Black & Veatch submitted a fee of $23,700 for the study; however, staff has negotiated a not-to-exceed price of $21,000. John Gallagher/Black & Veatch presented a copy of the 1991 Financial Plan which indicated a potential 5% rate increase in 1994 and 1995. Concerning the update of the Financial Plan Item #B.1., Administrator Klaphake advised that: (1) the Town has compiled annexation projections and trend lines; with the Comprehensive Plan update currently being prepared, all of this information will be shared and provided to Black & Veatch; and (2) the State Legislature is currently reviewing a bill that will eliminate the Water Fund from Amendment 1. The study should, therefore, ignore Amendment 1 restrictions in its calculations. Following discussion, the Committee recommends accepting the proposal, not-to-exceed $21,000 submitted by Black & Veatch, authorizing the firm to retain the concept of rural and urban rates in the study. 1993 WATERLINE PROJECTS - REOUEST AUTHORIZATION TO SOLICIT 8*6&. Th**engineer ' s estimate for this annual maintenancy'*roject is $108 180 which is~under budget. The Committee revieW@d a sketch of all waterlines thatkMill be replaced. The Cpmiittee recommends staff be authorized to-solicit bids for t~lproject. MISCELLANEOUS STREET/WATER ~PARTMENT,66kPMENT - AUTHORIZATION TO PURCHASE. .. The following items were in- ded i the 1993 Budget and staff requested authorization to rchise: Tire Balancer - B geted $4,500. The 10 id in theÂ·amount of $4,416.00 incl ng installation was subm ed by Hennessy. /Â«9-hÂ« Museum Ro - Budgeted $8,000. Hall's Roofin submitted a price o $5,980 to apply a new fiberglass roof o all four areas f the existing roofs. Work is to be complete amber of Commerce Roof - Budgeted $7,000. Hall' s Roofing BRADFORDPUBLISHING CO RECORD OF PROCEEDINGS Public Works Committee March 25, 1993 Committee: Chairman Habecker, Trustees Barker and Gillette Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Clerk O'Connor Absent: None MISCELLANEOUS STREET/WATER DEPARTMENT EOUIPMENT - AUTHORIZATION TO PURCHASE. The following items were included in the 1993 Budget and staff requested authorization to purchase: Tire Balancer - Budgeted $4,500. The low bid in the.amount of ~ $4,416.00 including installation was submitted by Hennessy. Museum Roof - Budgeted $8,000. Hall's Roofing submitted a price of $5,980 to apply a new fiberglass roof on all four areas of the existing roofs. Work is to be completed by May 1, 1993. Chamber of Commerce Roof - Budgeted $7,000. Hall's Roofing submitted a price of $6,765 to install a beige pro-panel metal roof. Due to the metal roof material, staff will add snow clips to scatter melting snow to the bid price. Asphalt Paver - Budgeted $6,000. MacDonald Equipment submitted the low bid in the amount of $5,700 for a "tow behind" asphalt paver. 1-Ton Truck & Flatbed - Budgeted $25,000. Rains Ford submitted the low bid in the amount of $18,955.05. SCADA Equipment - Budgeted $6,500. Timberline Mechanical submitted a price of $6,327.88 to replace the telephone line with SCADA control for the Fall River water tank. Street Sweeper - Budgeted $120,000. Seven machines were tested and the Elgin Whirlwind Series LE sweeper is being requested. Staff negotiated the price of $113,950 (sole source). The price was verified with other users (municipalities) of this equipment. The suggested retail price is $135,850. Due to Amendment 1 requirements, the sweeper will be obtained through a 5-year lease purchase plan at 5.94%* interest. The Town will exercise the lease purchase, however the entire $120,000 will be encumbered from reserves until the sweeper is paid-off. Delivery is anticipated 8 weeks ARO. The Committee recommends approval of staff's request to purchase the above-referenced equipment as noted. ------ SENT BY:HAMMOND CLARK WHIT ; 4- 8-93 4:46PM ; 6699380-3 3035666909;# 4 /7 r1 RESOLUTION NO. WHEREAS, the Town of Estes Park, hereinafter referred to as ~1~, .-2 the â€¢Town" and the Park School District No. R-3, hereinafter ,7 referred to as the "District", entered into an Operating Agreement dated as of March 11, 1992; and WHEREAS, pursuant to the applicable provisions of said Operating Agreement, the Town Was to construct a child care facility, hereinafter referred to in said Operating Agreement as "The Childrens Center"; and WHEREAS, pursuant to the applicable provisions of the Operating Agreement, the Town has constructed The Childrens Center; and WHEREAS, pursuant to Paragraph 7 of the Operating Agreement, the Town must make certain findings and representations concerning the construction and completion of The Childrens Center. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. 1. The Board of Trustees of the Town of Estes Park hereby determines that the Childrens Center has been completed and accepted by the Town and all costs of construction have been paid. Dated this day of April, 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk bt:N I UY ; MEAMMUI\ID LLHMA Wn 1 I ; 4- 0-t'J 4 . 4=r 1.1 , WI-~224WW ./ -&--W-----Iâ€ž - r.\ r1 I I CERTIFICATE OF COMPLETION OF THE CHILDRENS CENTER The Board of Trustees of the Town of Estes Park hereby finds, pursuant to Paragraph 7 of the Operating Agreement dated as of March 11, 1992, by and between the Town of Estes Park, and the Park School District No. R-3, as follows: 1. Attached hereto and incorporated herein by reference is Resolution No. 93-_-, adopted by the Board o f Trustees of the Town of Estes Park stating that The Childrens Center has been completed and accepted by the Town and all costs of construction have been paid. Dated this day of April, 1993. TOWN OF ESTES PARK MaYOr ATTEST: Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee April 1, 1993 Committee: Chairman Barker, Trustees Hix and Dekker Attending: Trustee Dekker Also Attending: Trustee Habecker, Ass't. Administrator Widmer, Sales & Marketing Director Pickering, Advertising Manager Marsh, Museum Curator Kilsdonk, Clerk O'Connor Absent: Chairman Barker, Trustee Hix, Community Development Director Stamey Acting Chairman Dekker called the meeting to order at 10:00 A.M. CONFERENCE TRANSPORTATION SERVICES - APPROVAL. The Town received two (2) proposals to provide conference transportation services for seven (7) conferences: 4 A COMPANY CONFERENCE PROPOSAL $(1/1, 3.--Estes Park Trolley Opticians $ 2,320 Charles Tour & Travel Nebraska Rotary, O.B.E., American Legion, Snow & Ice, COVA, Ageociation of Realtors 9.584 TOTAL: $11,904 The 1993 Budget contains $8,000 for such services. There is a $2.00/night room charge for all participating accommodations which is reimbursed to the Town. Staff anticipates the reimbursement will bring the transportation program within budget ($3,904 deficit). Director Pickering reported that both companies received excellent reviews for their service in 1992. The Committee recommends approval of both proposals as identified above. MUSEUM REPORT. Curator Kilsdonk noted that the Museum Sign has been installed and is fully operational; additional landscaping will be provided in the near future. The Chansonetta Stanley Photograph Exhibition has been installed and has been successful. An "Interpretive Plan" designed to clarify the Mission Statement by specifying topics appropriate for the Museum to be covering through collections, exhibits and programs was presented for approval. Six interpretive themes were addressed: Early Visitors and Settlement, Tourism- Colorado's First Mountain Resort, Recreation, Town and Community Development, Cultural and Social History, and Natural Resources. Following discussion, the Committee recommends approval of the Interpretive Plan as submitted. Staff reviewed recent events, adding that the CWAM Meeting for 1995 has been awarded to LaJunta. The Estes Park Conference Center was "perfect"; however, the Board opted for geographic diversity in lieu of quality of facility. REPORTS. 5. Price Bid and Costing Information: Based upon the service requirement for this RFP, please complete this Cost Proposal Form. The Cost Proposal should include a bid price for each conference, a lump sum bid for all five conferences, a bid for additional bus hours, and a bid for pre-scheduled service for the handicapped. CONFERENCE BIDS Dollar Name Dates Cost Far Western Assn of Opticians Apr.30-May 2 $2,320.00 Rotary District of Nebraska June 11 - 13 -2,040.90 Colorado Assn of Realtors June 16 - 19 1,840.00 O.B.E. Weld County School Dist. June 20 - 23 ,2,160.00 . American Legion State Convention June 24 - 27 1,840.00 Colorado Snow & Ice Conference Sept.28 - Oct 1 3,400.00 C.O.V.A. Oct. 19 - 22 1,600.00 LUMP SUM BID FOR ALL SEVEN CONFERENCES, if awarded as one contract 15,000.00 COST FOR ADDITIONAL BUS HOURS Minimum Use Charge 1 hour Cost Per Hour 40.00 COST FOR PRE-SCHEDULED SERVICE FOR HANDICAPPED USE: , 40.00 The undersigned certifies that he/she is authorized by Respondent to make the preceding bid and bind Respondent accordingly. Respondent IR~es Park Trolley _Corporation Person Completing Bid Michael L. McDonald . Title 1<EUE-Uj Signature 4. 5. Price Bid and Costing Information: Based upon the service requirement for this RFP, please complete this Cost Proposal Form. The Cost Proposal should include a bid price for each conference, a lump sum bid for all five conferences, a bid for additional bus hours, and a bid for pre-scheduled service for the handicapped. CONFERENCE BIDS Dollar Name Dates Cost Far Western Assn of Opticians Apr.30-May 2 No Bid Rotary District of Nebraska June 11 - 13 2070.00 Colorado Assn of Realtors June 16 - 19 1209.00 O.B.E. Weld County School Dist. June 20 - 23 1596.00 . American Legion State Convention June 24 - 27 1342.00 Colorado Snow & Ice Conference Sept.28 - Oct 1 , 2233.00 1134.00 C.O.V.A. Oct. 19 - 22 , LUMP SUM BID FOR ALL SEVEN CONFERENCES, if 9584.00 awarded as one contract COST FOR ADDITIONAL BUS HOURS Minimum Use Charge .00 Cost Per Hour 35.00 . 1 125.00 COST FOR PRE-SCHEDULED SERVICE FOR HANDICAPPED USE: The u idersigned certifies that he/she is authorized by Respondent to make the preceding bid and bind Respondent accordingly. Respondent Charles Limousine - Estes Park Taxi & Tour Person Completing Bid Charles Anfield Title owner l ., (,42);.-21. Signature i. 3. BRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS . Light and Power Committee April 8, 1993 Committee: Chairman Aldrich, Trustees Hix and Dekker Attending: All Also Attending: Ass't. Administrator Widmer, Light & Power Director Matzke, Clerk O'Connor Absent: None Chairman Aldrich called the meeting to order at 10:00 A.M. 3.4, CABLE TELEVISION~ - FRANCHISE ISSUES. --8' Ass't. Administrator Widmer presented the following review of the cable television permit agreement: the agreement was approved by the Town Board on July 14, 1981. The term was 15 years, with an option for a 10-year renewal. During the 1980's, the cable system was owned and operated by several different companies. Various original permit requirements were waived by the Town when Cable Systems, Inc. (CSI) assumed operations in 1983. The cable industry was deregulated in 1984 with passage of the Cable Deregulation Act. Fanch Acquisition Group acquired the system in 1987 and during 1988 and '89, the Town primarily focused on improving the quality of the system. Thus, the cable manager was directed to report progress to the Light and Power Committee. In 1989, satisfied with improvements made, the Town released the manager from attendance at the Committee meetings. The Cable Act of 1992 re-regulated the industry, and further confused the requirements of the original permit agreement. It is unclear what provisions of the original agreement are enforceable, or even needed in light of the new regulations and technical changes and improvements in the industry. CSI requested they be allowed to initiate proceedings to produce a new agreement in the Fall, 1992; however, the Town opted to postpone further action pending new regulations from FCC. Subsequent demands by the public for clarification of the existing permit requirements resulted in the Town electing to proceed with the permit modification process in the Spring of 1993. Staff has been researching cable television practices of other communities. Although there are many technical and operational requirements in a typical permit agreement, there are basically two (2) issues that require direction from the Town Board before staff can proceed with negotiations: public access and emergency override. Staff presented a videotape sampling of local origination (public access) community television and government channel (city council meetings, police/fire information, etc.). Ass't. Administrator Widmer reviewed his report and also provided options and recommendations for public access and emergency override capabilities. CSI Representative Craig Poulsen confirmed that CSI , is prepared to begin negotiations on a new Franchise Agreement. Mr. Poulsen also commented on the necessity for Channel 8 to gain sponsorships for their programming, and potential future topics (fishing, RMNP Fountain of Life, gardening). Following discussion, the Committee recommends staff be authorized to begin negotiating with CSI, with inclusion of the following: 1. Public Access be blended into governmental and other community programming, combined with operations of an existing leased channel or a new channel. Community BRADFOR[}PUBLISHINGCO. RECORD OF PROCEEDINGS Light and Power Committee - April 8, 1993 - Page 2 programming would most likely take place at a prescribed blocked-out time period. Town could appoint a station manager and a board to oversee operations and deal with public access issues. The channel could seek sponsors grants, and memberships to support the costs of community programming. 2. Emergency Override Capability to be included in the Agreement; however, the Agreement could stipulate that activation would be provided within 90 days written notice by the Board of Trustees. Requiring an audio override only or both video and audio override could be negotiated as technology improves. A cable television article addressing rate regulation prepared by CML was included in the packet for review. '1,993 PURCHASE POWER RIDER/INTERIM RATE - REPORT. Di~tor Matzke presented a copy of the retail electric rat summary reflecting the change in the Town' s wholesale rate fr PRPA '6*ich results in a purchase power rider reduction of $ 0. 00110*ywh which will be applied to the energy charges i all base rates, The previous purchase power rider was an incre se of $0.00234/kÂ«. The change is an overall reduction of 4.92% total electric salhe revenues. The new interim electric r es are effective withwthe first billing period beginning April , 1993 and will be reflect:2ZkÂ·~tn electric bills in May. EMPLOYEE RECOGNITIoiK- JOHN McDOUGALL. A 4-year lineman appreAN.ce program was initiate in 1990. John McDougall enlisted in thÂ«program, and effect e April 1, 1993, John McDougall was promoted\*o Lineman II. Mr McDougall has made excellent progress and is nok in his final ear. The Committee extended their congratulatioÂ« to John, ishing him continued success in the Department. 1990 ONE-TON UTILITY TRUCK - REPORT'X Fleet Manager Shanafelt advised a the one-ton duty truck purchased in 1990 has experienc repe ed mechanical failures. Thus far, all repairs have bee covered der warranty; however, with a total of eleven ) failures to date, staff is contemplating options for re acement. As t vehicle may qualify for replacement under the lemon law", the mmittee recommends staff contact Attorney te and report to the Committee when an update is available. REPORTS. Due to the timin of the meeting and reporting pro edures, the financial report as unavailable for the meeting; howe r, various . graphs were pre ented relating to purchase power demand d energy, and electric sales by month. The financial report will be distributed hen available. Director Matzke will at mpt to include th co-incident peak demand to the report. Mike Ma elsen offered an update on the Fall River Hydro P ant, statin that upon physical inspection of the plant by ric . Jacob n, mechanically, the plant appears to be sound. As it ay be p sible to begin generation this summer, staff will schedul a stu session with Mr. Jacobson and other interested parties fu ther discuss items relating to permitting procedure, historica s te significance, and related matters. I ' 44 1 TOWN OF ESTES PARK 019 . Ir,)1 c. \ .-1.-11. '-Ar... W /7 '.--.*.fr //ab . :\- R/di ///1/ JU 9. Fhe -r '-1 1 -45210<3~UN;\ Fr-- dildfaW)~ 1,1fn bglie :b \ 1 91.-0*JEE)- f jitdi'74#RAPÂ¢ try-fÂ«.i-4 -- U..,9 1 ."'V- r /7*,-0,14/0 66-~ - - - 154-\3~xmi 4 /64#mfulÂ«- . .i , J .el limii--r I MEMORANDUM April 7, 1993 TO: Mayor Dannels Town Board of Trustees FROM: Rich Widmer RLÂ·U Assistant Town Administrator RE: MUTUAL ASSISTANCE AGREEMENT FOR PINEWOOD SPRINGS FIRE PROTECTION DISTRICT Attached is a new Mutual Assistance Agreement between the Town and the Pinewood Springs Fire Protection District. The agreement is intended to replace the existing agreement signed on September 30, 1986. The agreement was prepared by Town Attorney White at the request of Pinewood Springs. It has been reviewed and approved by Fire Chief Rumley. In general, the provisions of the new agreement are very similar to the existing agreement. Paragraph 5 has been added to increase the flexibility of the answering party in determining when they would be permitted to withdraw from the scene of an incident. Several other paragraphs have been updated to reflect changes to our standard liability and immunity requirements. Since a Public Safety Committee meeting is not scheduled until May, and since this is merely a renewal of an existing agreement, it seemed appropriate to bring directly to the Town'Board. Staff recommends approval of the agreement. Attachment (303)586-5331 â€¢ RO. BOX 1200 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-2816 ADMIN ISTRATION â€¢ FAX (303) 586-6909 OTHER MUTUAL ASSISTANCE AGREEMENT 1. PARTIES. The parties to this Agreement are the PINEWOOD SPRINGS FIRE PROTECTION DISTRICT ("District") and the TOWN OF ESTES PARK (" Town ") . 2. RECITALS AND PURPOSE. District is a special district organized pursuant to state statute and provides fire protection services and other emergency services within its boundaries. Town is a statutory town organized pursuant to state statute and maintains and operates a fire department which also provides fire protection services and other emergency services both within and without its boundaries. The parties have determined that it will be to the mutual benefit of each party to assist the other when necessary in providing mutual assistance in the performance of fire fighting and related emergency services. The purpose of this Agreement is to set forth the terms and conditions of such mutual assistance and to revoke all prior agreements. 3. DEFINITIONS. For the purposes of this Agreement, the following terms shall have the following meanings: 3.1 "Requesting party" shall mean the party requesting assistance. 3.2 "Answering party" shall mean the party responding to a request for assistance within the boundaries of service area of the requesting party. 3.3 "Incident commander" is the officer or designated person who is in charge of the emergency scene. 3.4 "Response or respond" shall mean the actual re- sponding of the answering party to an emergency scene for the purposes of rendering mutual aid and assistance and shall not be a period of time which is more limited in duration as distin- guished from a temporary assignment of duty. 3.5 "Emergency" shall mean situations or incidents endangering the life or property including, but not limited to, conflagrations, forest fires, disasters (both natural and man-made) and may, at the discretion of the requesting party, including certain medical responses. 4. MUTUAL AID AND ASSISTANCE. Each party hereby agrees to respond to emergencies within the boundaries and service areas of the other party upon request of the Fire Chief of the requesting party (or his/her designated assistant) without charge therefor and subject to the following terms and conditions. 4.1 Response by the answering party shall be at the sound discretion of the Fire Chief of the answering party (or his/her designated assistant) as to what personnel and equipment shall answer the emergency and as to whether, in any event, such response may be given consistent with the safety and protection of the residents and property of the answering party. 4.2 Equipment and personnel of the answering party shall at all times be under the direct supervision and control of the Fire Chief and officers of the answering party and subject to the general direction of the incident commander. 4.3 Pursuant to Sections 29-5-109 and 110 C.R.S., workmen's compensation, medical disability payments, pensions and other benefits provided by the answering party to its firefighters shall be unaffected by the fact that the occurrence giving rise to such benefits may occur outside the party's boundaries or service area under this Agreement. 4.4 The answering party shall remain liable and re- sponsible for its own equipment and personal property while responding under this Agreement. 5. TERMINATION OF RESPONSE. The answering party shall be permitted to withdraw its personnel and/or equipment from the scene of any incident when: A. The personnel and/or equipment are released by the incident commander in charge of the incident. B. The conditions at the incident create risk of injury or death to the answering party's personnel an/or damage to the answering party's equipment. C. The needs of the answering party require the return of its personnel and/or equipment to its own jurisdiction. D. The decision to withdraw shall be solely within the discretion of the answering party. 6. EFFECT OF AGREEMENT. This Agreemunt is not intended to nor should it be construed to, affect or extend the legal responsibilities of the parties hereto; or create or modify any pre-existing legal obligations, if any. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by any of the parties hereto shall be deemed conclusively to be for the direct protection Â·and benefit of such party. 7. LIABILITY. In any case in which the liability for a negligent or otherwise tortious act of a firefighter of .the answering party is imposed on the requesting party, pursuant to the provisions of Section 29-5-108, C.R.S., then, nothwith- standing the provisions of said Section, the answering party, to the extent permitted by law, agrees to indemnify, defend, and hold harmless the requesting party against any and all judgments, costs, expenses, and attorneys' fees incurred by the requesting party resulting from such liability. 8. COLORADO GOVERNMENTAL IMMUNITY. The parties hereto agree and affirm that nothing in this Agreement shall be deemed a waiver of the defenses and limitations of the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq., nor deemed to confer any benefits to any person not a party to this Agreement. 9. TERM. This Agreement shall continue in full force and effect until revoked in writing by either party giving the other party 30 days advance notice. 10. IMPLEMENTATION. The respective Fire Chiefs shall establish standard procedures to implement this Agreement and shall conduct periodic critiques of mutual aid incidents. 11. BINDING EFFECT. This Agreement shall be self executing and shall be binding upon the successors in office of the respective parties and need not be ratified by the successive governing bodies of the respective parties. DATED this day of , 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk PINEWOOD SPRINGS FIRE PROTECTION DISTRICT By: ~Aitz-- ~ , ~.,2-i.-dP'Â£40>-yL./ 0 Au44@r ATT~S~p DEED OF DEDICATION KNCW ALL MEN BY THESE PRESENTS, that STANLEY MANOR HOUSE, LTD., a Colorado limited partnership, being the owner of certain real property located in Larimer County, Colorado, hereby dedicates the real property described on Exhibit "A" attached hereto and by this reference incorporated herein, to the Town of Estes Park, Colorado, for use as a public madway, for utility and drainage facilities, and landscaping. Grantor warrants title to the same, subject to current taxed, easements, restrictions and reservations of reoord, if any. DATED: --t- ASU_ui. .-,-A.Â£/' <2 1 2 fl'l B . ..\,~i~ ',/ L & ~LOUSE, LTD. /,By 04\ Frank JL Normali, General Partn2% STATE OF COIX)RADO ) ) SS: COUNTY OF IARIMER ) L.P Subscribed and sworn to before me this 2 0 - day of ----0.1 4,- ,'.- , 1993 by Frank J. Normali, General Partner of STANLEY MANOR HOUSE, LTD., a Colorado limited partnership. WITNESS my hand and official seal. My Cammission expires Ex 1,1 ; 4.21 1 11-12 0 7 - r 2 1....2 'all- ~ K ~, Notary Public L 1 3~0 '67 ae.~ 4~ A.U.Cli.*0 -'C-0 -1~2-. Address U ACCEPTANCE OF DEED OF DEDICATION The Tbwn of Estes Park, Colorado, a Municipal Corporation, hereby accepts this Deed of Dedication according to its specified terms. DATED: TOWN OF ESTES PARK ATTEST: By Mayor ROW LOCATED ON THE STANLEY TRACT A description of a tract of land located in the SE 1/4 of Section 24, T5N, R73W of the 6th P.M., Larimer County, Colorado being more particularly described as commencing at the Southeast corner of said Section 24, as monumented by an aluminum capped rebar number 9485, and with all bearings contained herein being relative to the East line of said SE 1/4 considered as bearing N 00Â°05'00" E; thence N 66Â°35'38" W a distance of 2,006.87 feet to a point on the Southerly line of the Stanley Hotel tract of land and the TRUE POINT OF BEGINNING: thence N 43Â°51'16" E a distance of 80.00 feet; thence 259.83 feet along the arc of a curve concave to the Northeast, said curve has a delta angle of 24Â°00'42", a radius of 620.00 feet to a point on the Southerly line of the Stanley Hotel tract of land, said curve is subtended by a chord which bears S 58Â°09'06" E a distance of 257.94 feet to a point hereinafter referred to as POINT A; thence along said Southerly line N 74Â°03'30" W a distance of 285.51 feet to the TRUE POINT OF BEGINNING: AND ALSO Commencing at aforementioned POINT A; thence S 74Â°03'30" E a distance of 37.43 feet; thence East a distance of 353.88 feet to the TRUE POINT OF BEGINNING: thence 34.40 feet along the arc of a curve concave to the Northwest, said curve has a delta angle of 03Â°10'43", a radius of 620.00 feet and is subtended by a chord which bears N 71Â°35'21" E a distance of 34.39 feet; thence N 70Â°00'00" E a distance of 383.04 feet; thence 15.81 feet along the arc of a curve concave to the Northwest, said curve has a delta angle of 04Â°09'08", a radius of 218.17 feet and is subtended by a chord which bears N 67Â°55'26" E a distance of 15.81 feet to a point hereinafter referred to as POINT B; thence 44.56 feet along the arc of a curve concave to the Southeast, said curve has a delta angle of 42Â°32'54", a radius of 60.00 feet and is subtended by a chord which bears S 01Â°16'27" W a distance of 43.54 feet; thence S 70Â°00'00" W a distance of 304.90 feet; thence West a distance of 119.74 feet; to the TRUE POINT OF BEGINNING: EXHIBIT "A'; AND ALSO Commencing at aforementioned POINT B; thence N 56Â°55'00" E a distance of 67.74 feet to the TRUE POINT OF BEGINNING: thence 15.81 feet along the arc of a curve concave to the Northwest, said curve has a delta angle of 04Â°09'08", a radius of 218.17 feet and is subtended by a chord which bears N 45Â°54'34" E a distance of 15.81 feet; thence S 46Â°10'00" E a distance of 15.00 feet; thence N 43Â°50'00" E a distance of 181.90 feet; thence 107.07 feet along the arc of a curve concave to the Southeast, said curve has a delta angle of 27Â°15'58", a radius of 225.00 feet and is subtended by a chord which bears N 57Â°27'59" E a distance of 106.07 feet; thence,S 43Â°50'00" W a distance of 284.98 feet; thence 44.56 feet along the arc of a curve concave to the Southwest, said curve has a delta angle of 42Â°32'55", a radius of 60.00 feet and is subtended by a chord which bears N 67Â°26'26" W a distance of 43.54 feet to the TRUE POINT OF BEGINNING. rEED Ce tEDICATION KNCH AU, MEN BY EESE PRESENTS, that FRK CONPANY, a Colarado general partner- ship, being the owner of certain real property-Ibbated in Larimer County, Colorado, hereby dedicates the real property described on 3chibit "An attached hereto and by this reference incorporated herein, LESS that real property set forth on Schibit "B" attached hereto and by this reference incarporated herein, to the Tbwn of Estes Park, colorado, for use as a public roadway, for utility and drainage facilitiem, and landocaping. Grantor warrants title to the same, subject to current taxes, easements, Â·restrictions and reservations of record, if any. DATED: .Fix C:MPANY By Brooki Findley, Sr., General Partner and C. Renee Hannah, General Partner STATE (2 CCWRADO ) ) Bo: COUNTY CE LARIMER ) Subscribed and sworn to before me thic day of . _ _, 1993 by Brocks Findley, Sr., General Partner of FRK (:OMPANY, a Coldrads general partnership. WITNESS my hand and official seal. Mb- Cormigil= expires Notary Public STME (12' CatORADO ) ) SS: COUNTY 2 I ARIMER ) Subscribed and sworn to before me this - day of , 1993 by C. Renee Hannah, General Partner of 310( 02MPANY, a Colcrado general partnership. WIDIESS my hand and official seal. 4, Cal:rli5510n ' expires D Nothry Public E..6.6.+ 'A' W.0. 2390 Feb. 16, 1993 Page 1 of 2 A description of a tract of land located in the SE 1/4 of Section 24, T5N, R73W of the 6th P.M., Larimer County, Colorado being more particularly described as commencing at the Southeast corner of said Section 24, as monumented by an aluminum capped rebar number 9485, and with all bearings contained herein being relative to the East line of said SE 1/4 considered As bearing N 00Â°05'00" E; thence N 06Â°38'28" W a distance of 1,040.88 feet to a point on the Westerly line of Lot 'g', Stanley Hills Subdivision, a P.U.D. and the TRUE POINT OF BEGINNING: thence N 87Â°51'51" W a distance of 276.18 feet; thence 147.53 feet along the arc of a curve concave to the Southeast, said curve has a delta angle of 48Â°18'09", a radius of 175.00 feet and is subtended by a chord which bears S 67Â°59'05" W a distance of 143.20 feet; thence S 43Â°50'00" W a distance of 181.90 feet; thence S 46Â°10'00" E a distance of 15.00 feet; thence 136.17 feet along the arc of a curve concave to the Northwest, said curve has a delta angle of 26Â°10'00", a radius of 298.174 feet and is subtended by a chord which bears S 56Â°55'00" W a distance of 134.99 feet; thence S 70Â°00'00" W a distance of 359.94 feet; thence S 16Â°00'00" W a distance of 186.21 feet to the Northerly right-of-way line of U.S. Hwy. No. 34 Bypass; thence along said Northerly right-of-way line a distance of 100.14 feet along the arc of a curve concave to the Southwest, said curve has a delta angle of 10Â°23'04", a radius of 552.50 feet and is subtended by a chord which bears N 74Â°00'00" W, a distance of 100.00 feet; thence N 16Â°00'00" E a distance of 105.21 feet; thence 20.39 feet along the arc of a curve concave to the Southwest, said curve has a delta angle of 116Â°48'05", a radius of 10.00 feet and is subtended by a chord which bears N 42Â°24'02" W a distance of 17.04 feet; thence 667.75 feet along the arc of a curve concave to the Northeast, said curve has a delta angle of 54Â°39'20", a radius of 700.00 feet to a point on the Southerly line of the Stanely Hotel tract of land, said curve is subtended by a chord which bears N 73Â°28'25" W a distance of 642.71 feet (said point bears N 66Â°35'38" W a distance of 2,006.87 feet from the Southeast corner of said Section 24); thence N 43Â°51'16" E a distance of 80.00 feet; \ j Page 2 of 2 thence 259.83 feet along the arc of a curve concave to the Northeast, said curve has a delta angle of 24Â°00'42", a radius of 620.00 feet to a point on the Southerly line of the Stanley Hotel tract of land, said curve is subtended by a chord which bears S 58Â°09'06" a distance of 257.94 feet; thence along said Southerly line S 74Â°03'30" E a distance of 37.43 feet; thence along said Southerly line S 90Â°00'00" E a distance of 353.88 feet; thence 34.40 feet along the arc of a curve concave to the Northwest, said curve has a delta angle of 03Â°10'43", a radius of 620.00 feet and is subtended by a chord which bears N 71Â°35'21" E a distance of 34.40 feet; thence N 70Â°00'00" E a distance of 383.04 feet; thence 99.64 feet along the arc of a curve concave to the Â·Northwest, said curve has a delta angle of 26Â°10'00", a radius of 218.17 feet and is subtended by a chord which bears N 56Â°55'00" E a distancd of 98.78 feet; thence S 46Â°10'00" E a distance of 15.00 feet; thence N 43Â°50 t 00" E a distance of 181.90 feet; thence 189.68 feet along the arc of a curve concave to the Southeast, said curve has a delta angle of 48Â°18'09", a radius of 225.00 feet which is subtended by a chord which bears N 67Â°59'05" E a distance of 184.12 feet; thence S 87Â°56'54" E a distance of 281.32 feet to the Westerly line of said Lot 'g'; thence along said Westerly line of Lot 'g:, Stanley Hills Subdivision, a P.U.D., a distance of 50.76 feet along the arc of a curve concave to the Southeast, said curve has a delta angle of 11Â°38'01", a radius of 250.00 feet and is subtended by a chord which bears S 07Â°57'10" W a distance of 50.68 feet to the TRUE POINT OF BEGINNING. (Description preparedÂ· by Paul M. Kochevar, P.O. Box 3047, Estes Park, CO. 80517) Less ROW ow 51Â»)LE y. E*6.6 + 0 8' W.0. 2390 Feb. 17, 1993 Page 1 of 2 ROW LOCATED ON THE STANLEY TRACT A description of a tract of land located in the SE 1/4 of Section 24, T5N, R73W of tha 6th P.M., Larimer County, Colorado being more particularly described as commencing at the Southeast corner of said Section 24, as monumented by an aluminum capped rebar number 9485, and with all bearings contained herein being relative to the East line of said SE 1/4 considered as bearing N 00Â°05'00" E; thence N 66Â°35'38" W a distance of 2,006.87 feet to a point on the Southerly line of the Stanley Hotel tract of land and the TRUE POINT OF BEGINNING: thence N 43Â°51'16" E a distance of 80.00 feet; thence 259.83 feet along the arc of a curve concave to the Northeast, said curve has a delta angle of 24Â°00'42", a radius of 620.00 feet to a point on the Southerly line of the Stanley Hotel tract of land, said curve is subtended by a chord which bears S 58Â°09'06" E a distance of 257.94 feet to a point hereinafter referred to as POINT A; thence along said Southerly line N 74Â°03'30" W a distance of 285.51 feet to the TRUE POINT OF BEGINNING: AND ALSO Commencing at aforementioned POINT A; thence S 74Â°03'30" E a distance of 37.43 feet; thence East a distance of 353.88 feet to the TRUE POINT OF BEGINNING: thence 34.40 feet along the arc of a curve concave to the Northwest, said curve has a delta angle of 03Â°10'43", a radius of 620.00 feet and is subtended by a chord which bears N 71Â°35'21" E a distance of 34.39 feet; thence N 70Â°00'00" E a distance of 383.04 feet; thence 15.81 feet along the arc of a curve concave to the Northwest, said curve has a delta angle of 04Â°09'08", a radius of 218.17 feet and is subtended by a chord which bears N 67Â°55'26" E a distance of 15.81 feet to a point hereinafter referred to as POINT B; thence 44.56 feet along the arc of a curve concave to the Southeast, said curve has a delta angle of 42Â°32'54", a radius of 60.00 feet and is subtended by a chord which bears S 01Â°16'27" W a distance of 43.54 feet; thence S 70Â°00'00" W a distance of 304.90 feet; thence West a distance of 119.74 feet; to the TRUE POINT OF BEGINNING: Page 2 of 2 AND ALSO Commencing at aforementioned POINT B; thence N 56Â°55'00" E a distance of 67.74 feet to the TRUE POINT OF BEGINNING: thence 15.81 feet along the arc of a curve concave to the Northwest, said curve has a delta angle of 04Â°09'08", a radius of 218.17 feet and is subtended by a chord which bears N 45Â°54'34" E a distance of 15.81 feet; thence S 46Â°10'00" E a distance of 15.00 feet; thence N 43Â°50'00" E a distance of 181.90 feet; thence 107.07 feet along the arc of a curve concave to the Southeast, said curve has a delta angle of 27Â°15'58", a radius of 225.00 feet and is subtended by a chord which bears N 57Â°27'59" E a distance of 106.07 feet; thence S 43Â°50'00" W a distance of 284.98 feet; thence 44.56 feet along the arc of a curve concave to the Southwest, said curve has a delta angle of 42Â°32'55", a radius of 60.00 feet and is subtended by a chord which bears N 67Â°26'26" W a distance of 43.54 feet to the TRUE POINT OF BEGINNING. (Description prepared by Paul M. Kochevar, P.O. Box 3047, Estes Park, CO. 80517) t BRADFORDPUILISHING CO. RECORD OF PROCEEDINGS Planning Commission - April 21, 1992 - Page 3 4. Provide a 10' -wide utility easement as reques*,d by Light and Power if able at this time; ~;:*6wever, should separate ownership occur, the e,9@ment will -*#-be required. '50/ 5. SPECIAL REVIEW84~- 5.A. Special Revie**492-2. Elkhorn Lodoe. 600 W. Elkhorn Ave.. Trout Pond. etal. Jerkx Zahourek/Ad~licant. Paul Kochevar, Applicant' s 2â€¢alfesentative, requested this item be continued to May 19, Â»6Â§~ to allow the Applicant an opportunity to provide pettinent#Information. Commissioners requested the Applic~â‚¬' include datail for: the aeration, water quality, and An/out flow fo]Nthe trout pond; "fee" building, excavatidA on the outlet--ap*Koval from the Highway Department; sulâ‚¬Gbility--congruous with~ EPURA streetscape efforts; debrk'accumulation and removal ofhquch; a time-frame for potentill "phasing" and how such relathil to the entire site; papling--delineation for stables/work bdth staff to determiA sufficient number. , as there were no 33:Enents from the wdience, it was moved and seconded (Wood/Burgeshkspecial Re,few #92-2 Elkhorn Lodge be continued to May 19, 1992.~~and 0 passed unanimously. 5.B. Special Review #92-3. Lot 6. Second Amended Plat. Town of Estes Park. Surrev Deli and Riverwalk. EPURA/Amplicant. 70 ---j Chairman Sager opened a public hearing to consider the above- 7- referenced application. Town Administrator Klaphake, Applicant's representative, stated that pursuant to negotiations with private property ownersÂ· relative to Riverwalk improvements, EPURA agreed that they would request authorization to allow an outdoor eating/seating area for the Surrey Deli. Community Development Director Stamey reviewed the drawing, noting that the site is located on public property--the Town could deed the property to EPURA, who could in turn lease the site to the private property owner for their use. As requested, Director Stamey read in full the Applicant's Statement of Intent. There being no public testimony, Chairman Sager declared the public hearing closed. It was moved and seconded (A. Hix/Brown) Special Review #92-3 for Lot 6, Seconded Amended Plat, Town of Estes Park be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously: 1. If a fence is to be utilized, the Public Works Department and Special Projects Manager approve the proposed fence/handrail materials and installation. 2. Applicant control noise and light transmission. 3. Access to the electrical junction box be maintained for Light and Power. 4. All trash collection be contained inside the restaurant building. 5. Seating be limited to 12 persons. 6. No additional activities nor signage will be allowed on this site. 7. EPURA incorporate into the lease that the area will be maintained in a sightly and sanitary manner. yyÂ·otj BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - April 21, 1992 - Page 4 be maintained in a sightly and sanitary manner. Staff was authorized to work with EPURA to ensure all Planning Commission conditions are implemented; if not, this item will be re-considered by the Commission. 6. I SET PUBLIC HEARING DATE - REZONING REQUEST. 'thairman Sager noted that the Applicant, Archdiocese of Dinver, has withdrawn his request to rezone property in Lake viekTracts at this time. 7. COUNTY'~EFERRAL. 7. A. LamÂ¥\Residential Development. Highway 34. One Mile W~ of Moraine Mvenue (South of West Park Center). Paul Kochevar, Applicant's representative, stated ~t the Applicant is pr osing to divide 38 acres into three/(3) lots for single-famil dwellings (family members). Cpimissioner comments included. eligibility of the site for/annexation, , purchase of an add ional water tap prior to apfproval of the plat, and dedication f the private roadway f# a north/south connection/access to ighways 34 and 36. ,/As there were no comments from the a ience, it was 14*ed and seconded (Brown/Sager) the Commis ion rew â€¢rimer County that: (1) the private roadway b dedici ublic road, and .(2)- an additional water tap is equi, Dtion passed by the following votes: Those v ting nmissioners Brown, Burgess, + Sager, Wexler a hose voting "No" Commissioners Amos and A. Hi . Kochevar confirmed that the Applicant is not willing dedicate right-of-way due to the secluded nature of the p p ty. Commissioners Amos and A. Hix expressed concern rela ve to protection of the "rights" of property owne s. CO ssioner Brown noted that this connection has / een iden ified in the Town's Comprehensive Plan, an that the inte t would be to not build or use this piece f road until uch time as further connection is made;~f Mr. Kochevar rel ed the Applicant's desi to market 500' of riverfrent pro rty and questioned whether the Town would be interested in taining the property for ope space. Director Stamey Wil relay the question to e appropriate person/ent y. Chairma Sager noted the lack of an annexation olicy, and whethe such should be considered. Director Stam reported that uch a policy will be considered during revi of the CO rehensive Plan. Foll ing completion of all agenda items, Chairman Sager requ sted co enth from audience. There being none, Director Stamey provided n sworthy articles to the Commission. Chairman Sager adjourhed e meeting at 2:58 P.M. An k 0 u .62 0 -7-v Vickie O'Connor, CMC, Town Clerk â‚¬ ,9 ORDINANCE NO. AN ORDINANCE LEASING A PORTION OF THE TOWN OF ESTES PARK'S REAL PROPERTY WHEREAS, the Town of Estes Park, Colorado owns certain real property located in the Southeast portion of the property, commonly known as Parking Lot No. 2; and WHEREAS, Surrey Restaurant, Inc., has provided the Town of Estes Park and the Estes Park Urban Renewal Authority with certain easement rights for the construction, maintenance and location of the Riverwalk Project; and WHEREAS, in return for those easement rights, the Town of Estes Park has agreed to lease a certain portion of its real property to Surrey Restaurant, Inc.; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town to lease said property. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN OF ESTES PARK, COLORADO. Section 1. The Board of Trustees of the Town of Estes Park hereby authorizes the leasing of the real property, more fully set forth on Exhibit "A" and under the terms and conditions as more fully set forth on Exhibit "A". Section 2. The Mayor and Town Clerk are hereby authorized to execute the Lease Agreement. Section 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF MARCH, 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk Exhibit "A" LEASE THIS LEASE, made and entered into this day of March, 1993, by and between the TOWN OF ESTES PARK, COLORADO, a Municipal Corporation, hereinafter referred to as "Landlord" and SURREY RESTAURANT, INC., a Colorado Corporation, hereinafter referred to as "Tenant", and is upon the following terms and conditions, to wit: 1. Landlord, in consideration of the covenants, hereinafter set forth to be paid and performed by Tenant, does hereby lease unto Tenant property located in Larimer County, Colorado, legally described as follows: A tract of land located in the NEi of Section 25, T5N, R73W of the 6th P.M., Larimer County, Colorado being more particularly described as commencing at the Northeast corner of Lot 6, Block 4 according to the 2nd Amended Plat of the Town of Estes Park, Colorado and with all bearings contained herein being relative to-the East line of said Lot 6 considered as bearing S17Â°14'39" E; thence S17Â°14'39" E a distance of 148.20 feet along said East line to the TRUE POINT OF BEGINNING: thence S27Â°45'21" W a distance of 16.20 feet; thence S62Â°14'39" E a distance of 16.20 feet; thence N17Â°14'39" W a distance of 22.91 feet to the TRUE POINT OF BEGINNING. To have and to hold the above described premises for consecutive one (1) year terms commencing on April 1, 1993 and continuing thereon until March 31, 1998. Tenant agrees to pay as rental therefore the sum of One Dollar ($1.00) per year, said sum shall be due and payable on the first day of April of each year of the term of this Lease. Tenant promises that the premises are also leased upon the further covenants of tenant, to wit: 1. To maintain liability insurance upon the premises in the amount of $150,000.00 per individual and $600,000.00 per occurrence during the term of this Lease. Landlord shall be named as an additional insured on said policy and Tenant shall provide to Landlord a Certificate of Insurance on or before April 1st of each year showing said insurance for the upcoming yearly period. . 2. To pay rent for premises as hereinafter provided promptly when due and payable and pay all utility services to the premises. 3. To maintain said premises and keep same in good repair and at the expiration of this lease, to surrender up said premises in as good order and condition as when the same are entered upon, less ordinary wear and tear excepted. 4. To keep the premises clean and orderly and to obey all ordinances, regulations and statutes. 5. To keep the premises free and clear of ice, snow, and debris. 6. To be responsible for and to pay for the remedying of any and all damage done to the premises of whatsoever nature. In the event the premises are not left in a clean and orderly condition or damage has occurred, the expense of cleaning and/or repair or damage shall be that of Tenant. 7. To use the premises only for the service of food and beverage, not including any liquor, beer, wine or any other alcoholic beverage. IT IS MUTUALLY COVENANTED AND AGREED: 1. No assent, expressed or implied, to any breach of any one or more of the covenants herein shall be deemed to be taken as a waiver of any proceeding or other breach. 2. It is further mutually understood and agreed that should Tenant fail or refuse to pay the rental when the same becomes due or fail to perform any covenant herein agreed upon, then Landlord may, without being obligated to do so, terminate this lease upon giving ten (10) days written notice to Tenant specifying said default, and if at the end of said ten (10) day period, Tenant is still in default, the lease shall terminate and Landlord shall be entitled to immediate possession of the premises and to bring an action as may otherwise be authorized by law to collect any amounts due from Tenant. ' 3. In the event Tenant abandons or vacates the premises before the expiration of the term of this lease, Landlord may, without obligation to do SO, declare this lease forfeited forthwith and may remove from the premises any and all personal property left behind by Tenant and may place such personal property in storage at Tenant's expense. 4. In the event of default by either party, the non-defaulting party shall be entitled to all reasonable attorneys' fees and court costs incurred by reason of said default, including all reasonable attorneys' fees and court costs incurred in regaining possession of the premises. -2- 4 5. The consecutive one year terms of this lease shall automatically renew unless either party should give the other party notice on or before March 1st of any year that said party intends to terminate the lease at the end of said lease year. In the event either party gives said notice, this lease shall terminate on March 31st in the year of said notice. 6. This lease contains the entire agreement between the parties and may not be amended unless said amendment is in writing and executed by both parties hereto. IN WITNESS WHEREOF, this Lease has been signed the day and year first above written. TOWN OF ESTES PARK SURREY RESTAURANT, INC. By: By: Landlord Tenant -3- RESOLUTION WHEREAS, a complaint by the Estes Park Police Department was presented to the Board of Trustees of the Town of Estes Park on Tuesday, April 13, 1993 charging Coyote Moon Nightclub, Tavern License No. 02-62091 with certain violations of the statutes of the State of Colorado and Rules and Regulations of the Colorado Department of Revenue, Liquor Enforcement Division; and WHEREAS, the Board of Trustees hereby determines that there is probable cause to believe that the aforementioned Licensee has violated one or more of the statutes and/or rules and regulations governing the operations of the license as more fully setforth in the complaint; and WHEREAS, the Board feels it is necessary to hold a hearing and issue an Order to Show Cause why the aforementioned license should not be suspended or revoked due to the violations presented to the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. That a public hearing shall be held pursuant to the provisions of Section 12-47-128 (1)(h), C.R.S. and 12-47-128 (5) (c) (I) (A) on Tuesdav, Mav 11. 1993 at 7:30 P.M. in the Board Room of the Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado. Section 2. That the Town Clerk shall cause an Order to Show Cause and Notice of Hearing on the aforementioned complaint to be delivered to the following: Laurie J. Keller COYOTE MOON NIGHTCLUB 800 Moraine Avenue Estes Park, Colorado 80517 INTRODUCED, READ AND PASSED THIS DAY OF , 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk MAR 3 0 1993 April 1. 1993 To: Honorable Mayor Bernie Dannels I will be relocating to another state in the near future there for it is with great regret that effective immediately I hereby submit my resignation from the iOWA Board of Estes Park as well as all of my other appointments. It has been a pleasure to work with such a dedicated group of public serÂ·vants such as you and my fellow board members. We have accomplished a great deal during the time I have spent on the board. Leaving is difficult but I know I leave the Town of Estes Park in very good hands. Sincerely, 1-90-2 Rcul7 David Barker W ] Ollice ot tke 31agor EL,tra Nark, Â¢oloraho It m 00* > i....60.'*4*0 AWARD ~ [i] 114 1 =.5- Aejented to .. DAVID BARKER ~~ l~Â· J THIS CERTIFICATE OF APPRECIATION IS BEING PRESENTED TO DAVID BARKER BY THE HONORABLE H. B. DANNELS, MAYOR, AND THE BOARD OF TRUSTEES IN RECOGNITION <~~ OF THE FOLLOWING YEARS OF COMMUNITY SERVICE: .. 1 BOARD OF TRUSTEES CHAIRMAN 1986 TO 1993 tâ€¢-' ADVERTISING & PUBLIC RELATIONS CHAIRMAN 1986 To 1990 BOARD oF ADJUSTMENT MEMBER 1990 To 1993 CODE & SANITATION MEMBER 1988 To 1990 "tâ‚¬) 1 COMMUNITY DEVELOPMENT CHAIRMAN 1990 To 1993 PLANNING COMMISSION MEMBER 1986 To 1993 PUBLIC WORKS MEMBER 1986 TO 1993 WATER MEMBER 1986 To 1990 YOUR INTEREST AND ENTHUSIASM WERE REFRESHING, AND YOUR IDEAS INNOVATING. Ed THE TIME AND EFFORT YOU DEDICATED TO OUR COMMUNITY WHILE SERVING AS A TRUSTEE (:tâ‚¬> IS GREATLY APPRECIATED BY ALL. ON BEHALF OF THE TOWN oF ESTES PARK, "THANK YOU" FOR THE TREMENDOUS ' ~; (4> SERVICE YOU HAVE OFFERED. Ill Â£41 ultati wAEÂ·tzof D Aar, Ac,tunto 1Â£t 1,19 Aund c CatlS E d tAE lEaf of tAll cit, to k uffocal =Wayot batt ill -----/ W W.--.--j * V--WI '--*---j v '-**i--W V '-----J . ~ COPYRIGHT 1977 - MODERN PRINTING CO., 8'HAM., AL. 0.Fli*F=444,.4r'<410,/'flitit~-