HomeMy WebLinkAboutPACKET Town Board 1993-07-27VIA. 47 BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 27, 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 July 13, 1993 and July 19, 1993. 2. Bills. 3. Committee Minutes: A. Public Safety, July 21, 1993. B. Light & Power, July 22, 1993. C. Board of Adjustment, July 7, 1993 (acknowledgement only) . D. Planning Commission, July 20, 1993 " 4. Continuation to August 10, 1993 meeting: A. Public Hearing: Amended Plat of Lots 18, 22, and 30, Grand Estates Subdivision, Robert & Lois Jurgens/Applicant. B. Public Hearing: Final Plat of Lot 30, Bonnie Brae Addition, Mountain Golf Villas/Applicant. Ordinance - Road Transfer. ACTION ITEMS: 1. Public Safety Committee, July 21, 1993: A. Amended "Bicycle Ordinance" - Adoption. 2. Light & Power Committee, July 22, 1993: A. Ordinance - Deleting Chapter 5.24 relating to CATV Systems. B. Resolution - Adoption of Permit Agreement with Cable Systems, Inc. 3. Planning Commission: A. Public Hearing: Amended Plat of Lot 3, White Meadow View Place Addition, Joan Van Horn/Applicant. B. Public Hearing: Final Plat of Lot 2, Crags Addition, and Lot 2, Pedersen Subdivision, known as "The Crags", formerly known as "The Promontory." C. Resolution - Intent to Annex Lake Estes Addition. 4. Liquor Licenses: A. Superstrings, Inc., dba ROCKY MOUNTAIN FOLKS FESTIVAL, Stanley Park - Special Event Application for festival scheduled August 28 and 29, 1993. 5. Request to enter Executive Session to consult with the Town Attorney concerning current litigation.
i July 13 93 UInfurt of listes jlark, larimer County, Colorado, ......................., 19...... Minutes of a. egular ········ meeting of the Board of Truslees of the Town of Estes Park, Larimer County. Colorado. Meeting held in the Town Hall in said Town of Estes Park 13th July 93 on the day of .....,..........~.,*,.,,,,, A. D. 1-9.,,,atregular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor Present: Mayor H. B. Dannels Trustees: Norbert L. Aldrich, Susan L. Doylen, David Habecker Also Present: Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney *Ws*r*J Vickie O'Connor, Town Clerk Absent: George J. Hix, Mayor ProTem Robert L. Dekker, Trustee Stephen W. Gillette, Trustee Mayor Dannels called the meeting to order at 7:30 P.M. and Police Chief Racine presented an Employee Incentive Award to Police Officer Corey Pass. Officer Pass was instrumental in saving a life by using his CPR skills. The Trustees joined Chief Racine in applauding Officer Pass' efforts. Chief Racine also announced the resignation of Lieutenant Bobby Emerine effective July 28, 1993 who will be relocating out of state. The Board stated Lt. Emerine has been an asset to the Department and will be missed. PUBLIC INPUT. There were no public comments. CONSENT CALENDAR: 1. Town Board minutes dated June 29, 1993. 2. Bills. 3. Committee Minutes: A. Community Development, July 1, 1993. 4. Liquor License Renewals: A. Robert & Connie Gappa, dba MOUNTAIN DEW LIQUOR, 182 S. Saint Vrain Ave., Retail Liquor Store. B. Superstrings, Inc., dba ROCKY MOUNTAIN FOLKS FESTIVAL, Stanley Park - Authorization to post premises for event scheduled August 28 and 29, 1993. It was moved and seconded (Aldrich/Habecker) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Community Development Committee, July 1, 1993: A. Scenic Bywav Interest Group Memorandum of Understanding. The Community Development Committee recommended the Town participate in said Memorandum of Understanding pertaining to corridor management for the Scenic Peak to Peak Highway (State Highway 7). It was moved and seconded (Doylen/Aldrich) the
' Board of Trustees - July 13, 1993 - Page 2 Mayor be authorized to execute the Memorandum of Understanding. B. 1995 Transportation Proposal. The Committee.also recommended approval of a concept whereby the Town would join the City of Avon in applying for a grant to purchase six buses for public transportation. Estes Park would use the two buses during the summer season beginning in 1995 and the cost would be $48,400; the Town's financial obligation would occur in November 1994. The federal grant would fund 80% which includes a 20% local match. Trustee Habecker questioned where the federal funding would be coming from; staff advised this information could be obtained and presented within one week. It was moved and seconded (Aldrich/Doylen) the concept be approved, authorizing the Mayor to write letters of support to Avon and Senator Campbell, and it passed unanimously. C. Fundina for Employee Housing P .1 (Marva Lake Lodge Property). Town Attorney White briefed the Trustees on the Town's position concerning the proposed summer employee housing program located at the Marys Lake Lodge. The Town could commit $52,000 contingent upon eight (8) specific details contained in a letter to the First National Bank drafted by Attorney White. The Town's funds must be disbursed through the Larimer County Housing Authority as they have jurisdiction over the site, thus will require an intergovernmental agreement between both agencies. The Larimer County Planner has confirmed that the zoning for this property is appropriate for this use; Town Attorney White will draft the agreement; staff will present same to Larimer County and then it will be presented to the Town Board. Attorney White stressed that the letter of intent is limited to funding and does not include management of the project. It was moved and seconded (Doylen/Habecker) the Mayor be authorized to sign a "Letter of Intent" for funding for employee housing at the Marya Lake Lodge property, and it passed unanimously. 2. Acting in their capacity as the Estes Park Housing Authority, the Board of Trustees reviewed the Bylaws of the Estes Park Housing Authority. It was moved and seconded (Habecker/Aldrich) said Bylaws be adopted, and it passed unanimously. It was moved and seconded (Habecker/Doylen) the following be elected as Officers: Chairman/Mayor Dannels; Vice Chairman/Mayor ProTem Hix, Secretary/Norbert L. Aldrich, and Treasurer/David Habecker, and it passed unanimously. 3. A. Final Plat of Lot 2. Crags Addition. and Lot 2. Pedersen # -1. Subdivision. known as "The Craas". formerly known as "The Promontorv." It was moved and seconded (Habecker/Doylen) the final plat be continued to July 27, 1993, and it passed unanimously. B. Amended Plat of Lots 18. 22. and 30. Grand Estates Subdivision. Robert & Lois Jurgens/Applicant. It was moved and seconded (Doylen/Aldrich) the amended plat be continued to July 27, 1993, and 'it passed unanimously. C. East Park Resubdivision. North Ridge Meadows Condominiums. Rich Wille/Applicant - Rezoninq. Mayor Dannels opened a public hearing to consider a rezoning request and final plat. Trustee Habecker declared a potential conflict of interest and stated he would not participate in discussion nor vote. Whereupon Attorney White confirmed that Trustee Habecker would be counted as part of the quorum. Community Development Director Stamey reviewed the proposal noting that the Planning Commission favorably recommended approval of the rezoning request to R-M Multiple Family. It was moved and seconded (Doylen/Aldrich) the rezoning request to R-M Multiple Family
Board of Trustees - July 13, 1993 - Page 3 be approved, and it passed unanimously, with Trustee Habecker Abstaining. Final Plat. Director Stamey requested that, as conditioned by the Commission, the Applicant obtain (in writing) a letter from Larimer County confirming their approval of the drainage plans due to the water flow which will be in the County's right-of-way. In addition, staff requested the plat not be recorded pending receipt Of said written approval. Applicant's representative Bill Van Horn requested that the Applicant be allowed to include funding for detention facilities in the Improvement Guarantee in order to resolve the issue and approve the plat. Public Works Director Linnane commented that this project contains two separate issues: detention and flow rate--however, he had no objection to increasing the Improvement Guarantee to fund said detention facilities. There being no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Doylen/Aldrich) the Final Plat of East Park Resubdivision be approved contingent upon receipt Of written approval (detention) from Larimer County (the plat will not be delayed in recording), and it passed unanimously with Trustee Habecker Abstaining. D. Final Plat of Lot 30. Bonnie Brae Addition. Mountain Golf Villas/Amplicant. It was moved and seconded (Doylen/Aldrich) the final plat be continued to July 27, 1993, and it passed unanimously. E. Johnson & Maria Lin - Request approval of time extension for roadwav construction (Fall River Lane). Community Development Director Stamey reviewed the request which originally included a road completion date of July 1, 1993. The Town is in receipt of an Improvement Guarantee and Letter of Credit for the full amount of the project. The Applicant stated that work will begin August 31 and be completed September 13, 1993. Representing an adjacent property owner, Bill Van Horn suggested the Town deny the request to prevent further delays in relocating the roadway which is currently on his client's property. Staff confirmed that the new roadway must be installed to Town specifications and that the design has been approved. Discussion followed, and it was moved and seconded (Aldrich/Doylen) the time extension be approved provided all road work is completed on or before September 15, 1993; should the work not be completed by said deadline, the Town will exercise its right under the Improvement Guarantee and complete this project, and it passed unanimously. 4. Special Event Application - Longs Peak Scottish Hiqhland Festival. September 11 and 12. 1993. Stanlev Baseball Fields. As there was no communication received to the contrary, it was moved and seconded (Aldrich/Habecker) the Special Event Application for the Longs Peak Scottish Highland Festival be approved, and it passed unanimously. 5. Town Administrator' s Report. Administrator Klaphake had no report. There being no further business, Mayor Dannels adjourned the meeting at 8:20 P.M. Mayor Town Clerk
gIO[Urt Of tlisteS ~larit, Larimer County, Colorado, ....3.K,.7....,....,., 19,..... 93 Minutes of a..........Re.gular.,, meeting of the Board of Truslees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the .........1.St:4py of ............ July·......., A. D. 19....91 regular meeting hour. i Meeting called to order by Mayor ......... H. ' Bernerd 'Danhalh Present: Mayor Trustees: H. B. Dannels George J. Hix, Mayor ProTem, Robert L. Dekker, Norbert L. Aldrich, Also Present: Susan L. Doylen, Stephen W. Gillette, Gary F. Klaphake, David Habecker i Town Administrator Al,sdIA: Gregory A. White, Town Attorney Absent: Vickie O'Connor, Town Clerk Mayor Dannels called the meeting to order at 7:00 P.M. It was moved and seconded (Aldrich/Dekker) the Board enter Executive session to meet with Town Attorney white concerning a Town/EPURA Intergovernmental Agreement, and it passed unanimously. Whereupon Mayor Dannels adjourned the meeting to Executive Session at 7:03 P.M. The Board reconvened in open session at 8:51 P.M. and Mayor Dannels adjourned the meeting at 8:52 P.M. Mayor Recording Secretary
c BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee July 21, 1993 Committee: Chairman Hix, Trustees Aldrich and Habecker Attending: All Also Attending: Ass't. Town Administrator Widmer, Police Chief Racine, Fire Chief Rumley, Clerk O'Connor Absent: None Chairman Hix called the meeting to order at 10:00 A.M. POLICE DEPARTMENT: RALLY'N THE ROCKIES. Rally'n the Rockies previously submitted a Bond Park Use Permit for a Light Parade and Judging Contest at 7:30 P.M. August 25. Chief Rumley denied authorization due to access concerns for the Fire Department. In a letter dated June 18, 1993, Representative Ken Hobert clarified the event and requested the following: 1. No parking on the west side of MacGregor Ave., next to Bond Park to allow open public viewing of the motorcycles. A place for the contestants to pull over and/or park during the judging would be available. 2. Assistance in traffic control during the Light Parade Show. 3. Parking and staging area for the event in the Municipal Parking Lot, directly behind the Municipal Building. The request does not include barricading any street or access to the Fire or Police Departments. Chief Racine confirmed that the west side of MacGregor will be blocked-off as well as the east portion of the Municipal Lot. Both areas will be barricaded all day August 25th. The Committee recommends approval of the request, as presented. PERSONNEL. Lieutenant Bobby Emerine submitted his resignation effective July 28, 1993 and will be relocating out of state. The Committee accepted Lt. Emerine's resignation with regret. BICYCLE ORDINANCE. AMENDED - REVIEW. The Committee reviewed the revised "bicycle ordinance" as amended by Town Attorney White. The portion restricting bicycles from operating in public parking lots has been deleted. A section restricting bicycles from any portion of Riverside Plaza and the portion of the Riverwalk from Barlow Plaza to its intersection with East Riverside Drive has been added. Following discussion, the Committee recommends approval of the ordinance. SKATES/ROLLER BLADES - DISCUSSION. For the protection of pedestrians and complaints received, Chief Racine suggested the following be adopted: "The operation of roller skates and roller blades be prohibited from public sidewalks and parking lots from 300 E. Elkhorn Ave. to and including 200 W. Elkhorn Ave. and 100 Moraine Ave. This
BRADFORDPUILISHINGCO RECORD OF PROCEEDINGS Public Safety Committee - July 21, 1993 - Page 2 prohibition shall include Riverside Plaza and the Transportation Center." Following discussion concerning enforcement measures, a suggestion that bike paths into and through the central business district be carefully considered, the Committee recommends Town Attorney White prepare an ordinance as stated above, with said ordinance being submitted directly to the Town Board for their consideration. REPORTS. The Committee reviewed the summary statistical report ahd suggested a comparison between quarters/year be provided. The Committee also reviewed various correspondence, in particular, that of the rescue of two 12-year old juveniles. The Fire Department was commended for their assistance on this rescue. Staff reported on the "Park and Ride Program" statistics. The E-911 system is now on-line. Total expenditure for this proj ect exceeded $1,200,000 collected from the telephone surcharge, and of this amount, $122,000 was invested in the Estes Park Communication Center. Estes Park is one of five principal answering points. Funding for additional equipment and training will be provided by the 50¢ telephone charge. Chief Racine offered a demonstration of the system to the Committee at their convenience. FIRE DEPARTMENT: Fire Chief Rumley updated the Committee on the new fire station located in RMNP: drawings are in the final stages, and construction should begin soon with occupancy anticipated by the first of December. When occupancy has occurred, the Department will purchase a tanker. The Department has been successful in acquiring the services of Ranger Insurance Company who will provide a one-day training school August 5 on LP Gas Fires. Training will occur at the High School Parking Lot which will be roped-off to protect the general public. The recently-purchased ladder truck is performing well and as expected. There being no further business, Chairman Hix adjourned the meeting at 10:41 A.M. Of.-- U *&O th,-a,O Vickie O'Connor, CMC, Town Clerk
I ....FOR/PUBLISHING.0 RECORD OF PROCEEDINGS Light and Power Committee July 22, 1993 Committee: Chairman Aldrich, Trustees Hix and Dekker Attending: All Also Attending: Ass't. Administrator Widmer, Light & Power Director Matzke, Town Attorney White, Clerk o'Connor Absent: None Chairman Aldrich called the meeting to order at 10:00 A.M. CABLE SYSTEMS. INC. - CABLE TELEVISION PERMIT AGREEMENT. Permit Agreement. Ass't. Administrator Widmer reviewed the background for the new agreement which began in November, 1992 when CSI requested the existing agreement be updated; staff collected data in February/March; April, 1993 the Committee discussed public access, emergency override and community programming and staff began negotiations with CSI. Attorney White presented the permit agreement with Cable Systems, Inc., stated the agreement contains a non-exclusive right to use the public ways of the Town, and reviewed the most significant provisions and those that have changed from the original permit 1. The term of the permit is 15 years, with an option to extend the permit for an additional 10 years. 2. An audio emergency override capability must be provided when requested by the Town. 3. Wording has been added to ensure the Grantee keeps the system up-to-date. 4. Customer service requirements and signal quality are referenced in the permit agreement. 5. The agreement describes the amount and type of community programming the Grantee is required to provide. In the event the Town is dissatisfied with community programming after one year, the Grantee will be required to give the Town a channel and equipment to provide its own community programming. 6. The Grantee is required to maintain service to all areas presently served and to extend service to all areas not presently served or annexed in the future where there are at least 20 homes/mile of new cable required. 7. The Town has the authority to review rates, fees, and charges as provided in the Cable Acts. 8. The Grantee will be required, at its expense, to hire an independent consultant every 3 years to study the system and its operation and verify compliance with the permit agreement. 9. The Town's fee has been increased from 3% to 5% of gross revenues. 10. The $10,000 Letter of Credit has been eliminated. 11. All insurance requirements and liability provisions have been updated.
f. f BRAL).0/0 PUBLISHING CO RECORD OF PROCEEDINGS Light and Power Committee - July 22, 1993 - Page 2 The new Cable Legislative Act, effective in 1993, returns rate regulation to the Town. When the FCC finalizes their rate regulations, and if the Trustees desire to do so, the Town can apply through a certification process, to become a "rate regulator." There were no comments from CSI Representative Craig Poulsen nor the audience following Attorney White's review. CATV Ordinance. Town Attorney White advised that Section 5.24 of the Municipal Code relating to cable systems is outdated and unnecessary; therefore, ·he presented an ordinance deleting same. Following discussion, the Committee recommends approval of the Cable Television Permit Agreement (with minor revision) which will include a Resolution, and the Ordinance deleting the CATV Section. The Committee suggested CSI review the possibility of establishing an extension policy with their customers regarding tree trimming. The Committee acknowledged the effort displayed by staff and CSI in reaching a mutually-acceptable agreement. FALL RIVER HYDRO PLANT - INTERIM FEASIBILITY REPORT. Eric Jacobson, Consultant provided an update on the hydro plant: various equipment has been tested, and generally, found that there are no major problems. Mr. Jacobson reviewed the next step toward getting the plant on line which is to file a "declaration of intent" with the Federal Energy Regulatory Commission (FERC). Discussion·followed, with the Committee recommending staff prepare said declaration, and submit it to the Town Attorney for his review. Town Attorney White will prepare a resolution, and both documents will be presented directly to the Trustees at their meeting scheduled August 10, 1993. PROSPECT MOUNTAIN LEASE AGREEMENT AND POWER LINE EXTENSION - DISCUSSION. Proposed Lease Agreement. The Committee reviewed a lease agreement (renewal) with Robert & Nell F. Heron for the installation and maintenance of one or more radio transmitters and antennas on property currently owned by the Herons and leased by the National Park Service. In compliance with Amendment 1, Town Attorney White adjusted the term of the agreement to ten 1-year periods, beginning January 1, 1993 and ending December 31, 2002. Lease payments begin at $1,000 in 1993 and increase to $1,450 in 2002 ($50/year inflation). The Committee recommends approval of the lease agreement as presented. Power Line Extension. Director Matzke reported that the power line serving this area was owned by the Park Service with power supplied by the Bureau of Reclamation. The Department is rebuilding the line and it will be attached to the Town's system. The five entities affected by this line are sharing rebuilding expenses. EMPLOYEE RECOGNITION - DOUG SCHLARBAUM. Effective June 24, 1993, Doug Schlarbaum was promoted to Groundman II. The Committee expressed their congratulations to Doug and wished him continued success in the Department. 1990 ONE-TON UTILITY TRUCK - UPDATE. The 1-ton utility truck continues to have service problems, which appear to arise from the heavy off-road use which is required of this type of vehicle in the service area. Fleet Manager Shanafelt has recommended replacement of the truck with a chassis having a solid front axle. The estimated cost of a new chassis equipped with the existing utility body is approximately $20,300. The
BRADFOR/PUILISHING.C. RECORD OF PROCEEDINGS Light and Power Committee - July 22, 1993 - Page 3 retail value of the existing chassis is $14,100 (near the purchase price in 1990). Town Attorney White has advised that the "lemon law" does not apply in this case. Director Matzke reported that the Department will budget for replacement of this vehicle in 1994, including the cost to transfer the utility body from the existing chassis and sale of the existing chassis. REPORTS. The Committee reviewed the Financial Report for June, Summary of Accounts, and associated graphs. Mainframe Computer Conversion/Utility Billing. Finance Officer Vavra reported that utility billing was converted the first of July and utility bills are currently being printed. The new computer system includes a "bar code" which allows the billing clerks to scan the bill - this should increase efficiency in bill processing. Director Matzke reported that 2 existing computer terminals have been upgraded at the service building to allow communication with the IBM mainframe. Training for the "hand-held" reading equipment will begin in September. The Committee offered special recognition to staff for their efforts during the conversion process. Project Updates. Work is nearing completion on the Honda School and Mountain Golf Villas Projects. A 30-minute outage is expected on Monday, July 26th affecting the Mountain Golf Villa area. As requested, 2 street lights have been installed on each end of Mall Road. Work on the decorative street light refurbishing project continues--related costs are $150.00/fixture. Work on the joint- trench project with U. S. West is progressing. Approximately, 4,850' of underground conduit will be installed in portions of U. S. Highway 34 and Dry Gulch Road. Platte River Power Authority. Ass't. Administrator Widmer reported that PRPA completed their refinancing project, resulting in a savings to PRPA of $200 Million over the financing period. With one exception, PRPA has the lowest rate for long-term bonds. PRPA has agreed to pay for a portion of the capacity of the Carter Lake Outlet which should enhance the sale of their Windy Gap Water. The electric car, owned by PRPA, was displayed in Estes Park and driven throughout the area, including a portion of Trail Ridge Road. The car received very high public interest. Fort Collins has changed their representation on the PRPA Board from one staff person and one elected official to two elected officials. The remaining three member municipalities support the structure of staff/elected official representation. There being no further business, Chairman Aldrich adjourned the meeting at 11:54 A.M. 7.3 42.ked. (0 d.tg,·V Vickie O'Connor, CMC, Town Clerk
ERADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Board of Adjustment July 7, 1993 Board: Chairman Habecker, Members Dekker, Doylen, Newsom, and Sager Attending: Members Doylen, Newsom and Sager Also Attending: Building Official Allman, Deputy Clerk Kuehl Absent: Chairman Habecker and Member Dekker Vice Chair Sager called the meeting to order at 9:02 a.m. APPROVAL OF MINUTES Minutes of the meeting held June 2, 1993, were approyed as submitted. ELKHORN CLUB ESTATES, LOT 30. TRACT A. 950 OLD RANGER DRIVE. RAYMOND E. STILLWELL/PETITIONER - REOUEST FOR SETBACK VARIANCE Petitioner requested variance from Section 17.20.040 (B.l,A), pertaining to a 15' building setback. Building Official Allman explained that an existing drainage flow line is in direct line with proposed construction of a house on the property. It is a requirement that construction avoid all rivers and wet areas. Options, other than a setback variance, would be either to redirect the flow or to reconfigure the dwelling. Allman noted that letters were sent to all adjacent property owners and there were no objections received to the variance request. It was moved and seconded (Newsom-Doylen) that a setback variance to 10.5' be granted, and it passed unanimously. ADDITIONAL BUSINESS Vice Chair Sager inquired whether an Executive Session was appropriate to discuss the sign variance and compliance for National Park Village South. There was no motion to enter into Executive Session. At the meeting on June 2nd, it was stated that the IGA sign was to be removed immediately. Vice Chair Sager discussed this lack of compliance with Community Development Director Stamey two weeks ago. It was moved and seconded (Sager-Newsom) that the administration recognize noncompliance with the Board of Adjustment actions through lack of removal of the IGA sign, and that punitive action be taken against National Park Village South immediately., and it passed unanimously. There being no further business, Vice Chair Sager adjourned the meeting at 9:20 a.m. 72- 1<unal Tina Kuehl, Deputy Town Clerk
BRA'FOROPUILISHING.0 RECORD OF PROCEEDINGS . Planning Commission July 20, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller, and Edward Pohl Attending: Chairman Sager, Commissioners Amos, Burgess, A. Hix, and Pohl Also Attending: Trustee Doylen, Community Development Director Stamey, Public Works Director Linnane, Clerk 0'connor Absent: Commissioners Brown and Miller Chairman Sager called the meeting to order at 9:30 A.M. 1. MINUTES. Minutes of the June 15, 1993 meeting were approved as submitted. 2. COMPREHENSIVE PLAN UPDATE. Don Brandes and Andy Bush/Design Studios West reported on the status of the Comprehensive Plan. Mr. Brandes reviewed the organizational structure, "task force" mission statement which included the establishment of seven planning areas, consultant structurd, meeting schedule, public workshop schedule, and calendar of events. Andy Bush summarized Phase I and identified the seven planning areas which were further defined in a draft "planning area summary" booklet presented to each Commissioner. The Commission expressed their appreciation to Design Studios West for the update. 3. SUBDIVISIONS. 3.A. Amended Plat of Lot 3. White Meadow View Place Addition. Joan Van Horn/Applicant. Bill Van Horn, Applicant's representative, reported that proposal includes the elimination of the division of an existing lot adjacent to a public street. Two lots would be created; a single-family dwelling could be constructed on each lot. Staff advised that an exception to the, minimum lot area would be necessary for Lot 3A which would be 12,196 sq. ft. as compared to the required 18,000 sq. ft. There was no public comment, and Community Deve'lopment Director Stamey reviewed the staf f report, adding that' staff supports the proposal. Finding that there are special circumstances or conditions affecting the property; that the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner; and that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title, it was moved and seconded (Burgess/A. Hix) the Amended Plat of Lot 3, White Meadow View Place Addition be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously: 1. Plat: add a vicinity map, bearing basis, width of Stanley Avenue right-of-way; correct dedication statement; add a note that Ponderosa Drive is a public street. 2. All property pins to be set prior to Town Board approval. 3. Granting of the minimum lot area exception for Lot 3A. 3.B. Preliminary Plat for a Portion of Lot 20. Little Prospect Mountain Addition. Garv Murphy/Applicant. Applicant's
BRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - July 20, 1993 - Page 3 the original approved construction plans and drainage report. 2. The Condominium Association execute the Development Plan. 4.B. Development Plan #93-8. Lot 3. Lake View Tracts. Kimball Beerv/Applicant. Applicant's representative Kevin Kielb advised that the Applicant is proposing to construct three buildings with a total floor area of 6,900 sq. ft. The north building is proposed for leather crafts use; the lower floor of the building is proposed for storage; the two southern buildings are also proposed storage buildings. Director Stamey reviewed the staff report confirming that the note concerning no outdoor storage was added to the plat, eleven parking spaces have been provided per standards, access widths have been indicated, the slope of the driveways has been improved, however it remains a concern for large vehicles, the driveway should be delineated by removing the large gravel area and seeded with grass, and the bike path should be overlayed with asphalt 8' wide and 14" thick. Les Beery expressed concern with potential liability issues for work performed or improvements made on adjacent State property. Director Stamey confirmed other developments have been required to perform similar improvements along state highways--the State has confirmed they have no objection to the re-seeding, however, an access permit is required. Mr. Beery confirmed the Applicant was willing to perform the work if a precedent had been established. Public comment was heard from David Habecker who stated that this application is not the best use of the land. Commissioner concerns included the steepness relative to inclement weather. Mr. Kielb noted that the average slope has been verified at 12.9%; the north/south driveways will be at 12% slope; the east/west drive is 8% cross slope; and the Applicant has a snow-plowing plan to clear the site. Public Works Director Linnane confirmed that the 12% grade for driveways is adequate. It was moved and seconded (Amos/Burgess) Development Plan #93-7 for Lot 30, Grand Estates Subdivision be approved with the following conditions, and it passed unanimously: 1. Add a note to the development plan stating that outdoor storage is prohibited. 2. Access: a. The width of the Highway 34 drive and internal drive must be shown on the development plan. b. A CDOT Access Permit is required. c. The proposed driveway be delineated by removing the large gravel area in front of the property. Grass to be seeded in place of the gravel. (Will help prevent vehicles from using the interior frontage as a driveway and will also deter vehicles from driving along the bike path). d. The developer to overlay the existing 6' path with an 8'-wide path of asphalt, 14" thick. e. Revise the grading plan for the proposed north/south driveways and the southern east/west drive on the site due to steepness. 3. Indicate fire hydrants, water and sewer service on the development plan. 4. Provide a landscaped area immediately in front of the north building plus a landscape planting schedule.
. . aRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Planning Commission - July 20, 1993 - Page 4 Landscaping to be installed prior to issuance of a Certificate of Occupancy. 5. All highway frontage improvements (bike path overlay,· grassed area, frontage landscaping) and drainage improvements to occur with construction of the first building. Director Stamey will contact Town Attorney White regarding the liability question raised by Mr. Beery. 5. REPORTS. Aspen Lodge Carriage Rides. As required by conditional approval, Tom Hall/Owner and Tim Resch/Livery Supervisor presented a progress report on the carriage ride operation. Operators have received positive comments. Commissioner A. Hix noted that traffic is impeded at the curve near Stanley Village, and Commissioner Amos commented that the carriage "straddles" the line preventing vehicular traffic from passing where sufficient leeway is available, and an alternate route should be considered. Commissioner Burgess commented that the carriage is not contributing to the "bottleneck" of vehicular traffic and that positive publicity has been derived from the operation. Bill Van Horn stated he had heard a number of favorable comments and that the ride is in character and should be encouraged. Director Stamey confirmed he was unaware of any major problems of the horse rides. Stating the owner has operated the carriage ride within the parameters of the original intent, encouraging the owner to stay to the right of the traffic lane whenever possible, and that the Commission will continue to further observe the operation, tt was moved and seconded (Pohl/Burgess) the progress report be accepted into the record and it passed unanimously. Comments from the audience were heard from Dave Habecker who requested clarification on procedure relative to submittals and what constitutes a substantial revision. Bill Van Horn commented on response time from reviewing agencies to staff and that such time should be decreased to allow staff and applicant representatives a greater opportunity to discuss said comments, plus concern that action should be taken before the Comprehensive Plan is adopted relative to development standards for steep slopes. Ron Harvey concurred with previous comments. Commissioner Amos supported established procedure; Chairman Sager read the duties of the Planning Commission; and Commissioner Pohl who noted staff has instituted the pre-application schedule. Director Stamey confirmed that the first such meeting took place July 13 and that such meetings will · help in alleviating questions and could save time and money for the developer. There being no further business, Chairman Sager adjourned the meeting at 11:19 A.M. Vickie O'Connor, CMC, Town Clerk
BRAOFOMOPUOLISHINGCO. RECORD OF PROCEEDINGS Public Safety Committee July 21, 1993 committee: Chairman Hix, Trustees Aldrich and Habecker Attending: All Also Attending: Ass't. Town Administrator Widmer, Police Chief Racine, Fire Chief Rumley, Clerk O'Connor Absent: None Chairman Hix called the meeting to order at 10:00 A.M. POLICE DEPARTMENT: R~hLY'N THE ROOKIES. Rally~the Rockies previously submitted a Bond Park use permit,26; a Light»rade and Judging Contest at 7:30 P.M. August 25. ,dief Rumley dehied authorization due to access concerns for >ifi Fire Department. \In a letter dated June 18, 1993, Represeptitive Ken Hobert clarifled the event and requested the followipg: 1. No parking on the west side of MacGregor Ave., next to Bond PA-4 to allow open public'' viewing of the motorcycle~ A place for the csp€estants to pull over and/or park dgring the judging,would be available. 2. Assistance in ~affic c~trol during the Light Parade Show. 3. Parking and staging,»*a for the event in the Municipal Parking Lot, directly Behind the Municipal Building. The request does not ipefude barricading any street or access to the Fire or Police ~partments. Chid)<$Racine confirmed that the west side of MacGIpgror will be blocked-Qff as well as the east portion of the Municipal Lot. Both areas\will be barricaded all day August 25th/The committee recommends ap~oval of the request, as present~.,4 PERSONNEIt. Lieute*int Bobby Emerine -submitted his resignation eD<ective July 28,/1993 and will be relocating out of state. The~Committee accepted Lt. Emerine's resignation with regret. 1, BICYCLE ORDINANCE. AMENDED - REVIEW. The Committee reviewed the revised "bicycle ordinance" as amended ~3»' by Town Attorney White. The portion restricting bicycles from operating in public parking lots has been deleted. A section restricting bicycles from any portion of Riverside Plaza and the portion of the Riverwalk from Barlow Plaza to its intersection with East Riverside Drive has been added. Following discussion, the Committee recommends approval of the ordinance. DKATES/ROLLER BLADES - DISCUSSION. For the pfobaction of pedestrians and complainbe-r•ceived, Chief Racine suggest431·h•L~ollowing be adoe:ed·r--- "The operation *7¥dger skates and roller blades be prohibited-lrom p€bbic sidewalks and parking lots fr /180 E. Elkhorn AV . ke and including 200 W. Ikhorn Ave. and 100 Mor'kine~_Ave. This re
ORDINANCE AN ORDINANCE AMENDING SECTION 9.18.040 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO AS IT PERTAINS TO BICYCLES WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to amend Section 9.18.040 of the Municipal Code of the Town of Estes Park. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Section 9.18.040 is hereby added to read as follows: 9.18.040 Restrictions on Bicvcles. It is unlawful for any person to operate a bicycle upon any portion of Riverside Plaza and the portion of the Riverwalk from Barlow Plaza to its intersection with East Riverside Drive. A bicycle may be operated on any other public street, alley, parking lot, riverwalk or designated bike path. Section 2. The adoption of this Ordinance is hereby declared an emergency in order to immediately control the use of bicycles on public property, and WHEREAS, it is the opinion of the Board of Trustees that an emergency exists, this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1993. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of 1993, and published in a newspaper of general publication in the Town of Estes Park, Colorado, on the day of , 1993. Town Clerk
I ./A'FOROPUBLISHING CO. RECORD OF PROCEEDINGS Light and Power Committee July 22, 1993 Committee: Chairman Aldrich, Trustees Hix and Dekker Attending: All Also Attending: Ass't. Administrator Widmer, Light & Power Director Matzke, Town Attorney White, Clerk O'Connor Absent: None Chairman Aldrich called the meeting to order at 10:00 A.M. CABLE SYSTEMS. INC. - CABLE TELEVISION PERMIT AGREEMENT. Permit Agreement. Ass't. Administrator Widmer reviewed the background for the new agreement which began in November, 1992 when £,2. /9 0,9-i_ CSI requested the existing agreement be updated; staff collected 1 data in February/March; April, 1993 the Committee discussed public access, emergency override and community programming and staff began negotiations with CSI. Attorney White presented the permit agreement with Cable Systems, Inc., stated the agreement contains a non-exclusive right to use the public ways of the Town, and reviewed the most significant provisions and those that have changed from the original permit 1. The term of the permit is 15 years, with an option to extend the permit for an additional 10 years. 2. An audio emergency override capability must be provided when requested by the Town. 3. Wording has been added to ensure the Grantee keeps the system up-to-date. 4. Customer service requirements and signal quality are referenced in the permit agreement. 5. The agreement describes the amount and type of community programming the Grantee is required to provide. In the event the Town is dissatisfied with community programming after one year, the Grantee will be required to give the Town a channel and equipment to provide its own community programming. 6. The Grantee is required to maintain service to all areas presently served and to extend service to all areas not presently served or annexed in the future where there are at least 20 homes/mile of new cable required. 7. The Town has the authority to review rates, fees, and charges as provided in the Cable Acts. 8. The Grantee will be required, at its expense, to hire an independent consultant every 3 years to study the system and its operation and verify compliance with the permit agreement. 9. The Town's fee has been increased from 3% to 5% of gross revenues. 10. The $10,000 Letter of Credit has been eliminated. 11. All insurance requirements and liability provisions have been updated.
HADFOROPUSLISHING Co. RECORD OF PROCEEDINGS Light and Power Committee - July 22, 1993 - Page 2 The new Cable Legislative Act, effective in 1993, returns rate regulation to the Town. When the FCC finalizes their rate regulations, and if the Trustees desire to do so, the Town can apply through a certification process, to become a "rate regulator." There were no comments from CSI Representative Craig Poulsen nor the audience following Attorney White's review. CATV Ordinance. Town Attorney White advised that Section 5.24 of ~P the Municipal Code relating to cable systems is outdated and unnecessary; therefore, he presented an ordinance deleting same. Following discussion, the Committee recommends approval of the Cable Television Permit Agreement (with minor revision) which will include a Resolution, and the Ordinance deleting the CATV Section. The Committee suggested CSI review the possibility of establishing an extension policy with their customers regarding tree trimming. The Committee acknowledged the effort displayed by staff and CSI in reaching a mutually-acceptable agreement. FtLL RIVER HYDRO PLANT - INTERIM FEASIBILITY REPORT. , Eric Jacobson, Consultant provided an update on the hydro/Aant: varieus equipment has been tested, and generally, found tbat there are 119 ma jor problems. Mr. Jacobson reviewed the next s»p toward getting the plant on line which is to file a "decl/aration of intent"\ with the Federal Energy Regulatory Commistion (FERC). Discussian followed, with the Committee recommending/staff prepare said declaration, and submit it to the Town 14€orney for his review. Tdwn Attorney White will prepare a resglution, and both documents will be presented directly to the trustees at their meeting schedlhed August 10, 1993. PROSPECT MOUNTAIN LEASE AGREEMENT AND POWER LINE EXTENSION - DISCUSSION. Proposed Lease AgreeJent. The Committee reviewed a lease agreement (renewal) with Robert'.1 Nell F. Hero*' for the installation and maintenance of one or '*ore radio transmitters and antennas on property currently owned b¥ the Herons and leased by the National Park Service. In complianch~ with Adendment 1, Town Attorney White adjusted the term of the agreement'to ten 1-year periods, beginning January 1, 1993 and ending Dec@mb'er 31, 2002. Lease payments begin at $1,000 in 1993 and incre*,e to $1,450 in 2002 ($50/year inflation). The Committee . recqmmends approval of the lease agreement as presented. / . Power Line Extension. Director Matz]~Teported that the power line serving this area was owned by the Park Service with power supplied by the Bureau of Reclamation. The,Department is rebuilding the line and it will be / attached to the Tokt' s system. The five entities af fected by' this line are sharing Te,uilding expenses. 1 li EMPLOYEE RECOGNITION - DOUG SCHLARBAUM. i:.I Effective June 24, 1993, Doug Schlarbaum was promoted to Groundman II. The Committee expressed their congratulationa\to Doug and wished him continued success in the Department. -\X 1990 ONE-TON UTILITY TRUCK - UPDATE. l The 1-ton utility truck continues to have service problems, *bich appear /to arise from the heavy off-road use which is require this type of vehicle in the service area. Fleet Manager Shana has ~ecommended replacement of the truck with a chassis having 4 solid front axle. The estimated cost of a new chassis equipped *th the existing utility body is approximately $20,300. The
ORDINANCE NO. AN ORDINANCE DELETING CHAPTER 5.24 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK RELATING TO CATV SYSTEMS WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to delete Chapter 5.24 of the Municipal Code of the Town of Estes Park. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Chapter 5.24 of the Municipal Code of the Town of Estes Park is hereby deleted in its entirety. Section 2. The adoption of this Ordinance is hereby declared an emergency in order to immediately delete the . provisions of this Chapter from the Municipal Code, and WHEREAS, it is the opinion of the Board of Trustees that an emergency exists and this Ordinance shall take effect and be enforced immediately after its passage, adcption and signature of tlie Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1993. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1993, and published in a newspaper Of general circulation in the Town of Estes Park, Colorado on the day of , 1993. Town Clerk
RESOLUTION NO. WHEREAS, the Town of Estes Park has been presented a proposed permit for the p'urpose of granting a cable television permit to Cable Systems, 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 and the citizens thereof that the Board authorize the execution of the permit agreement as presented. 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 approves the granting of the cable television permit agreement to Cable Systems, Inc., as the same is more fully set forth on Exhibit "A" attached hereto and incorporated herein by this reference. 2. The appropriate officials of the Town of Estes Park are hereby authorized to execute the permit agreement. - Dated this day of , 1993. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk
, . I CABLE TELEVISION PERMIT AGREEMENT WHEREAS, the Town of Estes Park, Colorado, hereinafter called the "Town," has previously granted a cable television permit to Cable Systems, Inc. (CSI) and has reviewed and approved the technical ability, financial .condition, legal qualifications, general character and other factors of CSI; and WHEREAS, the Town and CSI wish to terminate the original Cable Television Permit Agreement dated 14 July, 1981 and replace it with an updated Permit to govern the provisions of Cable Television within the Town of Estes Park. THEREFORE, this Permit has been established and shall replace the original Permit under the following terms and conditions. Section 1. Title of Aareement. This Agreement shall be known and may be cited as the "Estes Park Cable Television Permit Agreement." Section 2. Definitions. For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense and words in the plural number include the singular number, and words in the singular number include the plural number; 1. "Town" is the Town of Estes Park, Colorado, and shall include the Town Administrator or his duly authorized agent acting on behalf of the Town. 2. "Board" is the Board of Trustees of the Town of Estes Park, Colorado. 3. "Cable television system" or "CATV system" is a system of antennas, towers, satellite earth stations, microwave, co-axial cable, fiber optic cable, waveguides, other conductors, converters, equipment and facilities, designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing, audio, video, and electrical signals to persons who subscribe to programs and services delivered by such signals. Said definition shall not include any such facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, and which does not use Town rights-of-way. 4.· "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. c:\wp51\misc\permit.agree\pl
Cable Television Permit Agreement ~ Town of Estes Park Page 2 5. "Grantee" is Cable Systems, Inc. who is the person granted a non-exclusive revocable permit under this Agreement and the appropriate ordinances of the Town. Section 3. Grant of Non-Exclusive Revocable Authoritv. (A) There is hereby granted by the Town to the Grantee a Certificate of Convenience and Necessity (Permit) for the right and privilege to construct, erect, 6perate and maintain, in, upon, along, across, above, over and under the public streets, alleys, public rights-of-way and public places now laid out or dedicated and all extensions thereof, and additions thereto, in the Town, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the Town of a CATV system for the interception, sale and distribution of television and radio signals, data, voice and other signals. The rights and privileges herein granted to the Grantee shall be exercised in accordance with applicable laws and ordinances. (B) The right to use and occupy said public streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the Town reserves the right to a similar use of said streets, alleys, public rights-of-way and places to any person at any time. Section 4. Compliance with Applicable Laws and Ordinances. The Grantee shall at all times during the life of this Permit, be subject to all lawful exercise of the police power by the Town and to such reasonable regulation as the Town shall hereafter' provide . and shall comply with all ordinances o f the Town both currently existing and hereinafter passed. In accepting this Permit, the Grantee acknowledges that its rights hereunder are subject to the police power of the Town to adopt and enforce general ordinances necessary to the safety and welfare of the public. Section 5. Duration and Acceptance of this Permit. (A) This Permit and the right, privileges and authority hereby granted shall take effect and be in full force from and after final passage of a resolution by the Town Board accepting this Agreement, and shall continue in force and effect for fifteen (15) years or until revoked or terminated, providing that within thirty (30) days after the date of the passage of said resolution, the Grantee shall execute this Agreement and file the same with the Town Administrator of the Town. Should the Grantee fail to comply with the terms set forth in the preceding sentence relative to the execution and filing of this Agreement, it shall acquire no rights, privileges or authority under this Permit whatsoever and any of the agreements contained herein shall be null and void. c:\wp51\misc\permit.agree\p2
Cable Television Permit Agreement , Town of Estes Park Page 3 (B) At the expiration of the term for which this Permit is granted, or upon its termination as provided herein, Grantee shall, within six (6) months; remove at its own expense all portions of the CATV system from all streets and public property within the Town. If Grantee fails to do so, Town may perform this work at the expense of Grantee. At the option of the Town, a surety bond shall be furnished by Grantee in an amount reasonably determined by the Town to be sufficient to cover this expense. Said bond shall be in the form approved by the Town Attorney. Said bond shall be filed within fifteen (15) days of notice to Grantee. (C) Grantee shall have the option of extending this Permit for the additional period of ten (10) years upon the following terms and conditions: 1. Grantee has performed all of its obligations under the terms of this Permit. 2. Grantee receives the written approval of the Town for ; this optional period. d 3. The parties mutually agree as to the appropriate terms and conditions of this extension. 4. The Town is notified in writing one hundred twenty (120) days prior to the exercise of this option. Section 6. Construction and Technical Standards. (A) COMPLIANCE WITH CONSTRUCTION AND TECHNICAL STANDARDS. The Grantee shall construct, install, operate and maintain its system in a manner consistent with all laws and ordinances of the Town. In addition, Grantee shall provide the Town with all test results conducted pursuant to FCC requirements which show the system not to be in compliance with FCC standards, and, upon request, shall provide the Town results of the annual Proof of Performance Tests conducted on the system. (B) ADDITIONAL SPECIFICATIONS: Construction, installation and maintenance of the cable television system shall be performed in an orderly and workmanlike manner. Cables and wires may be installed on poles where existing power lines are installed on poles. They must be installed underground, however, parallel with electric and/or telephone lines where these facilities now, or in the future, are placed underground. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. c:\wp51\misc\permit.agree\p3
1 , Cable Television Permit Agreement Town of Estes Park Page 4 Grantee shall at all times comply with: 1. National Electric Safety Code 2. National Electrical Code 3. All applicable FCC or other federal, state and local regulations, including Cumulative Leakage Index (CLI), Equal Employment Opportunity, and the 1984 and 1992 Federal Cable Acts. In any event, the system shall not endanger or interfere with the safety of persons or property in the Permit area or other areas where the Grantee may have equipment located. Any antenna structure used in the cable television system shall comply with construction, marking and lighting of antenna structure, required by the Federal Aviation Administration, and the ordinances of the Town. The proposed location and construction of any antenna structure within the Town limits must comply with all Town zoning codes and requirements. All working facilities and conditions used during construction, installation and maintenance of the CATV system shall comply with the standards of the Occupational Safety and Health Administration. (C) RESTORATION OF PUBLIC AND PRIVATE PROPERTY TO PRIOR CONDITION. In case of any disturbance of public and private property, the Grantee shall, at its own cost and expense, replace and restore all private or public property to as good a condition as existed before work on said property was initiated. Should Grantee not restore any damaged property within thirty (30) days after receiving notice of said damage, the Town, at its option, may restore the property at the expense of the Grantee. (D) EMERGENCY AUDIO OVERRIDE. The Grantee shall, upon request by the Town, incorporate into its cable communication system, the capability which will permit the Town in times of emergency to override the audio portion Of all channels simultaneously. The Grantee shall aid the Town in the use and operation of the emergency alert override system and shall make its facilities available upon the request of the Town. In the event the Town desires to activate this system by means of a telephone link it may do so at its own expense. Also, in the event the FCC enacts regulations related to this area, the system will be upgraded as required by the FCC and maintained in compliance with the FCC requirements. c:\wp51\misc\permit.agree\p4
Cable Television Permit Agreement Town of Estes Park Page 5 Section 7. Signal Oualitv Requirements. The Grantee shall: (A) Produce a picture, whether in black or white or in color, that is undistorted, and accompanied with proper sound on typical standard production TV sets in good repair, and is in compliance with the standards established by the FCC for carrier to noise and composite triple beat tests. (B) Transmit signals of adequate strength to produce good pictures with good sound at all outlets without causing cross- modulatioh in the cables or interfering with other electrical or electronic systems, and such that it is in compliance. with FCC standards for signal leakage and power requirements. (C) Limit failures to a minimum by locating and correcting malfunctions promptly, but in no event longer than forty-eight (48) hours after notice of any malfunction to Grantee. (D) Present system overview. Grantee will maintain the existing cable communication system as a state-of-the-art system as outlined below. Parties understand and agree that at the time of this franchise that system consists of a residential network with a capacity of three hundred MHZ. There are currently thirty-one activated channels. The current system transmits all basic channels unscrambled so that they are available to cable-ready TV sets and video cassette recorders without the need for a converter. BTSC standard stereo shall be added to these channels as economics allow. Grantee shall have a continuing obligation to improve and expand the system consistent with changes and developments in the cable communications industry, the public interest, prudent business judgment and reasonable economic considerations. In the event that Grantee installs technological improvements in at least one third of the other cable television systems owned by Grantee in the State of Colorado with populations of similar size to Estes Park; or at least one third of the cable television systems owned by Grantee with populations of similar size to Estes Park; then Grantee shall make said improvements to the system. Such improvements include but are not limited to, Pay-Per-View, addressability, BTSC stereo, digital music programming and interactive services. Section 8. Operation and Maintenance of System. (A) The Grantee shall render efficient maintenance, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum use of the system. c:\wp51\misc\permit.agree\p5 J
. Cable Television Permit Agreement Town of Estes Park Page 6 (B) The Grantee shall maintain an office in the Town, which shall be open during usual business hours, have a listed telephone, and be so operated that complaints and requests for repair or adjustments may be received at any time. (C) The Grantee shall not allow its cable or other operations to interfere with television reception of persons not served by the Grantee, nor shall the system interfere with, obstruct or hinder in any manner, the operation of the various utilities serving the residents within the Town. Section 9. FCC Rules and Regulations. All FCC regulations shall be complied with, including, but not limited to, the carriage, if required by FCC regulations, of the programming of any existing or future television broadcasting stations which covers the Town in its principal broadcasting area, signal quality and customer service standards. RF leakage shall be monitored and where repairs are required, repairs made in accordance with FCC standards. In the event the FCC ceases to regulate the Cable Television system in any area presently regulated by the FCC (i.e., customer service, technical standards, etc.) the Town and Grantee hereby agree to negotiate new standards to be followed by the Grantee in that area. Section 10. Program alterations. All programs of commercial broadcasting stations carried by the Grantee shall be carried in their entirety as received to the extent required by FCC regulations, with announcement and advertisements and without additions except ad insertions agreed upon between the station and Grantee. EXCEPTION: The foregoing restriction on programming alterations shall not be applicable in any national or local emergency. Section 11. Service to Schools and Town. The Grantee shall provide basic service to public and parochial school locations within the Town for educational purposes upon request by the Town and at no cost to it or to the school system. Said service shall include only one free drop per building. Any additional drops, outlets and/or service shall be provided at Grantee's cost. The Grantee shall also provide a basic service outlet to the Estes Park Municipal Building and all other buildings owned by the Town at Grantee's expense. Section 12. Communitv Programming. mho trin+An r.,4 1 1 n·rAY,4 r-10 mor•Antahl p. amounts of 1 orallv
CAble Television* Permit Agreement Town of Estes Park Page 7 (A) The community programming shall be a mix of local news coverage, community events, Town Board meetings, other elected or appointed board coverage as appropriate, high school sports, cultural and recreational events, community bulletin board, public service announcements, public informational programs, and other local origination programs. (B) The community programming shall take place between 5:00 and 10:00 p.m., with repeats of the programs at other times during the remainder of the week. A minimum of ten hours of original community programming shall be broadcast each month, except during June, July and August when a minimum of five hours per month of original community programming will be required. (C) The community programming shall take place on a leased access channel or another channel as deemed appropriate by the Grantee. (D) Both parties agree to review the operation of the community programming at the end of each year of operation under this Permit. In the event the programming is judged by the Town to be unsatisfactory either in amount or content, the Town may require the Grantee to provide a channel to the Town at no cost for its exclusive use to provide governmental and community programming. In this event, Grantee agrees to furnish to the Town, at no expense to the Town, all equipment necessary to provide capability equivalent to the then existing community programming. The Town may contract with a third party to provide this community programming. (E) The community programming, whether provided by a leased access channel, the Grantee or the Town, may be supported by the sale of advertising, grants, or sponsorships. Provided, however, that the Town, including any party that is contracting with the Town, may only recover its costs in providing the community programming. (F) If neither a leased access channel, Grantee, nor the Town is willing to provide community programming, there shall be no requirement in this Permit for community programming. Section 13. Other Business Activities. This Permit authorizes only the operation of a cable communications system as provided for herein, and does not take the place of any other certificate, license, or permit which might be required by law of the Grantee, including the Town's Business License fee. c:\wp51\misc\permit.agree\p7
Cable Television Permit Agreement Town of Estes Park Page 8 Section 14. Areawide Interconnection of CATV Svstems. COOPERATION REQUIRED. The Grantee shall cooperate with an interconnection corporation, regional interconnection authority or town, county, state and federal regulatory agency which may be hereafter established for the purpose of regulating, financing, or otherwise providing for the interconnection of cable systems beyond the boundaries of the Town. Section 15. Safetv Requirements. (A) The Grantee shall at all times employ proper care and shall install and maintain in use all necessary devices for reasonably preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. (B) The Grantee shall install and maintain its wires, cables, fixtures and other equipment in such manner that they will not interfere with any installations of the Town or of a public utility serving the Town. All such installation shall be subject to the approval of the Light and Power Department of the.Town. (C) All structures and all lines, equipment and connections in, over, and under the streets, sidewalks, alleys and public ways or places of the Town, wherever situated or located, shall at all times be kept and maintained in a safe, suitable, substantial condition and in good order and repair. (D) The Grantee shall locate sufficient employees, equipment - and replacement inventory within the Town in order to provide safe, L y.u adequate and prompt service for facilities. - (E) The Grantee shall follow the procedures and.methods as outlined in its company safety manual. Section 16. Conditions and Public Street Occunancv. (A) All transmissions and distribution structures, lines and equipment erected by the Grantee within the Town shall be so located as to cause minimum interference with the proper use of public streets, alleys, easements and other public rights-of-way and places, and to cause minimum interference with the rights and reasonable convenience of property owners who join any of said streets, alleys or other public ways and 'places. c:\wp51\misc\permit.agree\p8
Cable Television Permit Agreement Town of Estes Park Page 9 (B) In case of disturbance of any public street, sidewalk, alley, public way or paved area, the Grantee shall, at its own cost and expense and in a manner approved by the Town, replace and restore such public street, sidewalk, alley, public way, or paved area. All such work must be done within ten (10) days following notice, in compliance with requirements of the Town and approved by the Town Engineer. For reasonable cause, the ten (10) day period shall be extended following approval for said delay by the Town Engineer. (C) 'If at any time during the period bf this Agreement the Town shall lawfully elect to alter or change the grade of any public street, sidewalk, alley or public way, the Grantee, upon notice by the Town, shall remove and relocate its poles, wires and cables and underground conduits, manholes and other fixtures at its own expense, upon reasonable notice from the Town. (D) Any poles or other fixtures placed in any public way by the Grantee shall be placed in such manner as not to interfere with the usual travel of such public way, subject to prior written approval by the Town Engineer. (E) The Grantee shall have the authority to trim trees upon and overhanging the public streets, alleys, sidewalks, and public rights-of-way, places and easements of the Town so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee. Such trimming must be done under the supervision of the Town Engineer. (F) In all sections of the Town where all cables, wires or other facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other like facilities underground. In the event that all cables, wires or other facilities of public utilities are eventually placed underground, the Grantee shall place all its cables, wires and like facilities underground. All such facilities shall be installed in such a manner as to create minimum interference with existing structures and improvements, including landscaping. All equipment of Grantee shall be placed so as to not interfere with existing public or private utilities. (G) The Grantee shall, on the request of any person holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same in advance, and the Grantee shall be given not less than fifteen (15) days advance notice to arrange for such temporary wire changes. r.,unxit,micr\nermit.aciree\D9
Cable Television Permit Agreement Town of Estes Park Page 10 ~ Section 17. Permit Territorv and Line Extension Policv. (A) This Permit is for the present territorial limits of the Town of Estes Park, Colorado, and for any area henceforth added or annexed thereto during the term of this Agreement. (B) The Grantee shall continue to serve all residents currently served by cable and extend its system into all areas annexed into the city or currently not served by the system after the date of this agreement in the event that there are at least twenty (20) homes passed for every mile of new cable ,required. Also, in new subdivisions developed within the Town, the Grantee shall "joint trench" its cable along with power and telephone so long as notification of the planned work is made to Grantee, by the Town, in sufficient time to allow for the procurement of plant design, cable and other materials, and so long as the cost is no greater than the cable operator would pay to have the work done independently or whatever the power or telephone company pays for this "joint trench" work, whichever is lesser. (C) In the event that the residents of an annexed or newly developed area desire cable . television service, but there are insufficient homes per mile to qualify for construction based on 20 homes per cable mile, the following formula shall be used to determine a cost sharing arrangement between the Grantee and the residents: (Total cost of the required.work divided by the number of new homes passed) less ($500 company share) = amount to be paid by each new homeowner passed by cable. Section 18. Fiscal Renorts. The Grantee shall file annually with the Town Administrator, no later than one hundred twenty (120) days after the closing of Grantee's fiscal year, a copy of an audited financial report including an income statement applicable to its total operations during the preceding twelve (12) month period, and a balance sheet. These reports shall be submitted along with such other reasonable information, including a statement of all revenues derived from within the Town of Estes Park and other reports, as the Town may reasonably request, with respect to the Grantee's properties, revenues and expenses related to its CATV system operations within the Town. Section 19. Removal of Facilities upon Request. Upon termination of service to any subsdriber, the Grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon his request. Said removal shall be done in such a manner as to prevent damage to any property. c:\wp51\misc\permit.agree\p10 -
Cable Television Permit Agreement Town of Estes Park Page 11 Section 20. Transfer. The Grantee shall not transfer this Permit to another person without prior approval of the Town. The Grantee shall promptly notify the Town of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the Grantee. The word control as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. Every change, transfer, or acquisition of control of the Grantee shall make the franchise subject to cancellation by the Town unless and until the Town shall have consented thereto, however, such consent shall not be unreasonably withheld. For the purpose of determining whether it shall consent to such change, transfer, or acquisition of control, the Town may inquire into the qualifications of the prospective controlling party, and the Grantee shall assist the Town in any such inquiry. Section 21. Filing and Communications with Regulatory Agencies. Copies of all petitions, applications and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this Permit, shall, upon request, be provided to the Town. At a minimum, without request, Grantee shall automatically provide to Town any such filing which shows the system or company not to be in compliance with standards or requirements of the FCC. Section 22. Town Rights. (A) The Town, or its designated representative, shall have the right to inspect books, records, maps, plans, and other like materials of the Grantee at any time, upon reasonable notice, during normal business hours, subject to applicable laws regarding privacy of subscriber information. (B) The Town shall have the right during the life of this Permit, to install and maintain free of charge upon the poles of the Grantee any wire and pole fixtures necessary for a police alarm system, on the condition that such wire and pole fixtures do not interfere with the operations of the Grantee. c:\wp51\misc\permit.agree\pll
CAble Television Permit Agreement Town of Estes Park , Page 12 (C) The Town shall have the right to supervise all construction or installation work performed subject to the provisions of this Permit and make such inspections as it shall find necessary to insure compliance with the terms of this Agreement. Section 23. Maps, Plats and Reports. The Grantee shall file with the Town Engineer true and accurate maps or plats of all presently existing underground utilities and proposed cable installations prior to construction. Said maps to be prepared from the present maps and plats available to the Town, Public Service Company and US West. Said maps shall be used to coordinate installation of the systems with other utilities and facilities within the Town. Grantee shall furnish two updated copies of "as Built" maps to the Town Engineer within sixty (60) days of completion of each phase of new construction. Section 24. Further Agreement and Waiver bv Grantee. The Grantee shall abide by all provisions of this Permit and shall not at any future time set up as against the Town the claim that the provisions of this Permitare unreasonable, arbitrary or void. Section 25. Instalfation, Removal and Common Use of Poles. 1 (A) No poles or other wire-holding structures shall be installed by the Grantee without prior written approval of the Light & Power Director with regard to location, height, type and any other pertinent aspect. However, no location o f any *pole or wire-holding structure of the Grantee shall be a vested interest and such poles or structures shall be removed or modified by the Grantee at its own expense whenever the Light & Power Director determines that the public convenience would be enhanced thereby. (B) Where poles or other wire-holding structures already existing for use in serving the Town are available for use by the Grantee, but it does not make arrangements for such use, the Town may require the Grantee to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Grantee are just and reasonable. c:\wp51\misc\permit.agree\p12
Cable Television Permit Agreement Town of Estes Park Page 13 (C) When the Town or a public utility serving the Town desires to make use of the poles or other wire-holding structures of the Grantee but agreement therefore with the Grantee cannot be reached, the Town may require the Grantee to permit such use for such consideration and upon such terms as the Town shall determine to be just and reasonable, if the Town determines that the use would enhance the public convenience and would not unduly interfere with the Grantee's operations. Section 26. Required Services. The Grantee's cable distribution system shall be capable of carrying at least 300 MHZ (Channels 2-36) downstream and shall, with the addition of the necessary upstream amplifiers, filters, modulators and.other equipment be capable of up to four upstream channels. The current channel lineup is shown in Exhibit A attached. Any revisions of this lineup will not substantially change the balance of any particular programming segment. Section 27. Rate Review. The Town shall have theauthority to review rates, fees and charges as provided by the 1984 and 1992 Cable Communications Acts, as amended, or any other Federal or State law which governs rate control by the Town. The initial rate structure is shown in Exhibit A attached. Section 28. Forfeiture of Permit. (A) In addition to all other rights and powers pertaining to the Town by virtue of this Permit or otherwise, the Town reserves the right to terminate and cancel this Permit and all rights and privileges of the Grantee hereunder in the event of a breach of its conditions, which includes, but shall not be limited to the following: 1. Violates any valid provision of this Permit or any valid rule, order, or determination of the Town made pursuant to this Permit; 2. Becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; 3. Attempts to dispose of any of the facilities or property of its CATV business in violation of the terms of this Permit; c:\wp51\misc\permit.agree\p13
Cable Television Permit Agreement Town of Estes Park Page 14 4. Attempts to willfully subvert any of the provisions of this Permit or practices any fraud or deceit upon the Town; 5. A material misrepresentation of fact in the negotiation of this Permit by Grantee; or 6. The Town shall have the right to revoke this Permit ninety (90) days after the appointment of a receiver, or trustee, to take over and conduct the business of the Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said period, or unless: (a) Within ninety 90) days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of this Permit and remedied all defaults thereunder; and (b) Such receiver or trustee, within said ninety (90) days, shall have executed an agreement, duly approved by the court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of this Permit. (B) The Town shall be required to give thirty (30) days notice in writing of the aforementioned violations. Grantee shall then have a sixty (60) day period to correct said specified violations prior to the commencement of termination proceedings for this Permit, by the Town. During the process of considering termination, Grantee shall be given a full and complete public hearing to present its position. In the event corrections are made by Grantee during the sixty day cure period, no termination proceedings may be commenced. Section 29. Severabilitv. If any section, subsection, sentence, clause, phrase, or portion of this Permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. c:\wp51\misc\permit.agree\p14
Cable Television Permit Agreement Tdwn of Estes Park Page 15 Section 30. Compliance Review. During the 4th, 7th, loth, and 13th,-years of this agreement, the Grantee shall hire a qualified consultant to make an independent review of the system to confirm that the company and system are in substantial compliance with the terms and conditions of this agreement. The consultant will also review the cable system and confirm that it is in substantial compliance with all FCC standards (technical, customer service, etc.) which apply to it. Prior to commencement of the Review, the consultant shall contact the Town and confirm any specific areas of interest by the Town, which should be reviewed. Upon completion of the report, the consultant shall submit a report to the Town confirming the status of the company and system and setting forth any areas of non-compliance. Section 31. Pavment of Fee to the Town. For consideration granted by the Town to the Grantee, the Grantee shall pay to the Town an amount equal to five percent (5%) of the gross revenues derived by Grantee from within the confines of the Town. For purposes of this section, gross revenues shall mean all revenue derived directly or indirectly by the Grantee, its affiliates, subsidiaries, parent, and any person in which the Grantee has a financial interest, from or in connection with the operation of a cable television system pursuant to this Permit, within the Town of Estes Park, provided however, all revenues shall include, but not be limited to, basic subscriber monthly fees, leased channel fees, converter rentals, and advertising revenues, and that this shall not include any taxes on services furnished by the Grantee herein imposed directly upon any subscriber or used by the state, town or other governmental unit and collected by the Grantee on behalf of said governmental unit. Except as otherwise provided herein, this fee and any other costs or penalties assessed shall be payable quarterly and the Grantee shall file a complete and accurate verified statement of all gross receipts within the Town during the period for which said quarterly payment is made. The quarterly payment shall be paid within ninety (90) days after each quarterly accounting date. c:\wp51\misc\permit.agree\p15
Cable Television Permit Agreement Town of Estes Park Page 16 The Town shall have the right to inspect the Grantee's income records and shall have the right to audit and recompute any amounts determined to be payable under this Agreement; provided, however, that such audit shall take place within thirty-six months following the close of each of the Grantee's fiscal years. In the event that any payment or recomputed amount, cost or penalty is not made on or before thirty (30) days following notice given by the Town as a result of the audit, interest shall be charged at the annual rate of 18%. Section 32. Foreclosure. Upon foreclosure or other judicial sale of all or a substantial part of the CATV system, or upon the termination of any lease covering all or a substantial part of the CATV system, the Grantee shall notify the Town of such fact, and such notification shall be treated as a notification that a change in control of the Grantee has taken place, and the provisions of this Permit governing the consent of the Town Board to such change in control of the Grantee shall apply. Section 33. Notices. All notices to either party provided for in this Agreement shall be sent by certified mail, return receipt requested, addressed as follows, and shall be effective the day of mailing. (A) Town Administrator Town of Estes Park Post Office Box 1200 Estes Park, CO 80517 (B) Cable Systems, Inc. 1873 S. Bellaire Street, #1550 Denver, CO 80222 Section 34. Indemnification. The Grantee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the Town, its officials, agents, volunteers, boards, and employees against any and all claims, suits, actions, liabilities and judgments for damages or penalties, including, but not limited to, expenses for reasonable legal fees: 1. To person or property, in any way arising out of or through the acts or omissions of Grantee, its servants, agents or employees, or to which the Grantee's negligence in any way contributed. c:\wp51\misc\permit.agree\p16
Cable Television Permit Agreement Town of Estes Park Page 17 2. Arising out of any claim for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, or patent, or of any other right of any person, firm or corporation, as a result of the activities of the Grantee under this Permit. 3. Otherwise arising as a result of the granting of this franchise. The foregoing indemnity is conditioned upon the Town giving the Grantee notice within thirty ( 30) days of the making of any ~ claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Section 35. Liability and Insurance. The Grantee shall maintain, and by its acceptance of this Permit specifically agrees that it will maintain throughout the 1 term of this Agreement, liability insurance of a type and containing the terms and conditions approved by the Town, insuring - the Town, and naming the Town as an additional insured, and insuring the Grantee with regard to the following damages: (A) $500,000.00 for bodily injury or death to any one person, within the limit, however, of $1,000,000.00 bodily injury or death resulting fi-om any one accident; (B) $500,000.00 for property damage resulting from any one accident; (C) $600,000.00 from all other types of liability. The limits of said insurance may be reasonably increased from time to time upon the request of the Town in order to reflect changes in coverage reasonably made necessary by inflation, statutory changes, and other factors. (D) COLORADO GOVERNMENT 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 sea'., nor deemed to confer any benefits to any person not a party to this Permit. (E) Grantee also shall carry Workers' Compensation Insurance as required by the State of Colorado. c:\wp51\miscipermit.agree\p17
Cable Television Permit Agreement Town of Estes Park Page 18 Section 36. Right of First Refusal. (A) Grantee hereby grants to the Town the right of first refusal of any purchase offer of the CATV system. If the Grantee elects to sell the system and obtains an offer for purchase, it shall forward to the Town the terms and conditions of said offer. The Town shall have sixty (60) days from the receipt of said offer to elect to purchase the system under the same terms and conditions. In the event the Town elects to purchase the system, it shall notify Grantee in writing within the sixty (60) day period of said election. Upon said notification, the Town shall immediately proceed to purchase the system upon the terms and conditions specified in the offer. In the event the Town does not notify the Grantee within said sixty (60) day period or notify Grantee that it does not elect to purchase the system, the Grantee shall be free to sell the system under the terms and conditions specified in the offer. (B) Anything in this section or elsewhere in the Permit notwithstanding, Grantee shall continue to operate the CATV system pursuant to the terms hereof until control of such system is assumed by the Town or another permittee or until said system is removed pursuant to the Town's direction, whichever may be applicable. Dated this day of , 1993. TOWN OF ESTES PARK, COLORADO By Mayor Town Clerk c:\wp51\misc\permit.agree\p18
Cable Television Permit Agreement Tjwn of Estes Park Page 19 ACCEPTANCE Grantee accepts and hereby agrees to be bound by all terms and conditions of this Permit. CABLE SYSTEMS, INC. By Ck,U-«' fltj 44~4/ 0 ATTEST: \ 9/6 4 -4- j Filed with the Town of Estes Park, Colorado on , 1993. Acknowledged: TOWN OF ESTES PARK By c:\wp51\misc\permit.agree\p19 ~231
Cable Television Permit Agreement Town of Estes Park page 20 EXHIBIT A ESTES PARK, COLORADO Effective 1/1/93 Service: Rate: Basic $20.95 HBO $10.00 Cinemax $10.00 Disney $ 9.95 Extra Outlet $ 3.00 Remote $ 3.50 FM $ 2.50 Basic Install $35.00 Pay Install $15.00 Channel Line Up: 2 KWGN - Denver * 3 HBO 4 KCNC NBC - Denver 5 Fox SATT 6 KRMA PBS 7 KMGH CBS - KMGH 8 Leased Channel 9 KUSA ABC - Denver 10 ESPN 11 The Weather Channel 12 The Family Channel 13 CNN Headline 14 Disney 15 Cinemax 16 The Discovery Channel 17 WTBS - Atlanta 18 WGN - Chicago 19 Nickelodeon 20 VH-1 21 VISN 22 CNN 23 CNBC 24 MTV 25 USA 26 TNN - The Nashville Network 27 HSN - Home Shopping Network 28 A&E- Arts & Entertainment 29 TNT 30 PSN 31 C-Span 32 Comedy Network All FM stations available at the local headend will be carried on the system. This currently includes: 91.5 KUNC, 92.5 KDHT, 93.25 KTCL, 94.6 KHIH, 98.5 KYGO, 102.5 TRI102, 103.5 KREX, 105.9 K106 and 107.5 Y108. * Premium channels (all dther channels available on basic service). c:\wp51\misc\permit.agree\p20 **
i aRADFOROPHLISHINGCO· RECORD OF PROCEEDINGS planning Commission - June 15, 1993 - Page 2 de._and maintenance. It was moved =and=°--seconded (Brown/Amosl=====the-Eevised landscaping~-iliR be approved contingent upon the Irparkig-24pace~be delineated to conform to parking space standards, and-~tbt==paased by the following votes: Those votin~"Yes" Commissionersltides=,mARpwn, Burgess, Milldr,;.PohI-and Sager. Those voting "No" ComSissianer A. U:.. -=mo 3. A. .ht; Amended Plat of Lots 18. 22 and 30. Grand Estates Subdivision. Robert & Lois Jurgens/ADolicant - Revised. Bill Van Horn, Applicant's representative, stated that the amended plat adjusts the boundary lines among three existing lots, with the existing motel placed on one lot. A development plan will be presented in the future for development of the two vacant lots. Electric and sewer line easements have been addressed. There were no comments from the audience. It was moved and seconded (Brown/A. Hix) the Amended Plat be favorably recommended to the Board of Trustees, and it passed unanimously.
e»ADFORD /UaLISHING CO· RECORD OF PROCEEDINGS Planning Commission July 20, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, Michael Miller, and Edward Pohl Attending: Chairman Sager, Commissioners Amos, Burgess, A. Hix, and Pohl Also Attending: Trustee Doylen, Community Development Director Stamey, Public Works Director Linnane, Clerk 0'connor Absent: Commissioners Brown and Miller Chairman Sager called the meeting to order at 9:30 A.M. 1. MINUTES. ~nutes of the June 15, 1993 meeting were approved as submitted. 2. COMPREHENSIVE PLAN UPDATE. ./-%% Don Brandes and Andy Bush/Design Studios West reported on the, status o f the Comprehensive Plan. Mr. Brandes reviewed the organizational structure, -*task force" mission statement which included the establishment of seven planning areas, consultant structure, meeting schedule, public workshop schedule, and calendar of events. pAndy Bush summarized Phase I and. identified the seven planning- ai·eas which were further defined in a draft "planning area symmary" booklet presented to each Commissioner. The Commission expressed their appreciation to Design Studios West for the update. he-~ 3. SUBDIVISIONS. -1 3.A. Amended Plat of Lot 3. White Meadow View Place Addition. Joan 3. 6.--3 Van Horn/Applicant. Bill Van Horn, Applicant's representative, reported that proposal includes the elimination of the division of /-- an existing lot adjacent to a public street. Two lots would be created; a single-family dwelling could be constructed on each lot. Staff advised that an exception to the minimum lot area would be necessary for Lot 3A which would be 12,196 sq. ft. as compared to the required 18,000 sq. ft. There was no public comment, and Community Development Director Stamey reviewed the staff report, adding that staff supports the proposal. Finding that there are special circumstances or conditions affecting the property; that the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner; and that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title, it was moved and seconded (Burgess/A. Hix) the Amended Plat of Lot 3, White Meadow view Place Addition be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously: 1. Plat: add a vicinity map, bearing basis, width of Stanley Avenue right-of-way; correct dedication statement; add a note that ponderosa Drive is a public street. 2. All property pins to be set prior to Town Board approval. 3. Granting of the minimum lot area exception for Lot 3A. 3.B. PreliminarV Plat for---a--Poillwn of Lot &0. Ll~=kir~progpdat Moytmin==-Malf€iony---Garv---Murnhv-/ADD-Iiah-nt. Applicant' s
BRAOFOROPUeLISHING CO. RECORD OF PROCEEDINGS . 4 - Planning Commission - May 18, 1993 - Page 2 h.1 of Pine.Knoll Subdivision, Second Filing, be,favorably reconmended to the Town Board contingent upon,bne following, and it-Baged unanimously: --- 1. Add a neke to the plat that addresses prohibiting encroachm@hts into the~d?ainage easement on Lot 1. 2. Finalize the dr~Rage design pursuant to the Public Works Depa*m€ht me•ihandum dated May 6, 1993. 3. All uk,flity services to behht:Uled as requested ,>/•sch utility. All property pins be set prior to Town Board~~~---~ ~~00,/~'~~ approval or post an Improvement Guarantee. - approved the preliminary plat April 20, 1993. The proposed 3.-01 Final Plat of Lot 2. Crags Addition. and Lot 2. Pedersen Subdivision. known as "The Promontorv". The Commission subdivision creates 17 lots: 5 lots have been designed for single-family unit or a duplex and 7 lots have been designated single-family. Density/use for Lots 15, 16 and 17 have not been specifically identified. Paul Kochevar, Applicant's representative reviewed the plat reporting that the first phase will include *20 acres; 8 acres will be dedicated as open space, and the second phase will include 3 acres. Mr. he would like the plat considered by the Town Board at their Kochevar concurred with staff's recommendations advising that June 29th meeting. Following discussion on wildfire mitigation, it was moved and seconded (Brown/Amos) the Final plat of Lot 2, Crags Addition, and Lot 2, pedersen Subdivision be favorably recommended to the Town Board with the following conditions, and it passed unanimously: 1. Enforcement provisions regarding the wildfire mitigation report to be addressed in the Homeowner's Association documents, provided to and reviewed by Town Attorney White prior to Town Board approval. Said report to include language to allow the Town an opportunity to mitigate a wildfire t hazard should it become necessary. 2. Label open space and private street on the plat as "private." 3. Modify the dedication statement. 4. Modify notes to reflect the current condition of the plat. 5. Plat must contain current (1993) signatures of owners and lienholders. 6. Improvement Guarantee and Letter of Credit must be submitted prior to Town Board=approval. 7. Electric service must be extended. 8. Sanitary sewer system must be installed/repair in accordance with Upper Thompson Sanitation District standards. Rosener/Applicaal.--Mili- subETi~V+S·Len_is a revision of the Mi CUD-Sk.ty:1.-which was originally appr-Oved-iAul.984. The lot
JUL D f !:jr-1 Law Offig of JpHN G. PHIPPS, RC. 363 E. ELKHORN AVE. ESTES PARK BANK BLDG. SUITE 308 POST OFFICE BOX 1569 July 27, 1993 ESTES PARK, COLORADO 80517 TELEPHONE: 303/586-2045 Board of Trustees Town of Estes Park Estes Park, Colorado Re: Crags Subdivision Dear Trustees: I am writing to you in regard to the Plat of the above subdivision, together with any necessary attendant documents pertaining thereto. This is to certify that if Sharon K. Nordick, James S. McWilliams, Charlene McWilliams, Arthur J. Martori, Edward John Martori and Joseph P. Martori have signed said plat and any attendant documents, then all persons, corporations or entities having any record interest in the real property involved will have signed the same. I am an attorney licensed to practice law in the State of Colorado. Very truly, yohn G. Phipps /Attorney at Law Colorado Registration No. 0724
. RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107(1) (g), C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees find and determines that the Petition filed with the Town requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred (100%) percent of the - landowners in the area proposed to be annexed and owning one hundred (100%) of the area, excluding public streets, and alleys and any land owned by the annexing municipality. Such area, if annexed, will be known as "LAKE ESTES ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: Property located in the NWit of Section 29, Township 5 North, Range 72 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Beginning at the Northwest corner of Section Twenty-nine (29), Township Five (5) North, Range Seventy-two (72) West of the Sixth principal Meridian; thence South 1°19§' West along the Section line 577.5 feet; thence North 60°05' East 246 feet; thence South 61°07' East 112.3 feet; thence North 41°02' East 90 feet; thence North 45°01' West 119.3 feet; thence North 23°17' West 120.4 fe et; thence North 88°23' West 20 feet; thence North 10191!' East 241.5 feet more or less, to the North line of said Section Twenty-nine .(29); thence Westerly along the North line of said Section 209.6 feet, more or less, to the point of beginning.
4 Also described as that portion of the NWit, Section 29, T5N, R72W, Larimer County, Colorado described as the Northwesterly 2.96 acres of said NWi. known as No. TBD, Estes Park, CO. 80517. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., a public hearing shall be held on September 14, 1993, at 7:30 P.M., in the Municipal Building, located at 170 MacGregor, Estes Park, Colorado, for the purpose of determining if the proposed annexaticn complies with the " applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108 (2), C.R.S. IT IS FURTHER RESOLVED, that the plat of Lake Estes Addition be referred to the Planning Commission to begin the necessary procedures to make the property subject to the zoning ordinances of the Town. DATED this day of , 1993. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk
STATE OF COLORADO \1375 Sherman Street DEPARTMENT OF REVENUE Denver Coloraao 80261 LIQUOR ENFORCEMENT DIVISION ~ (303) 866-3741 ' APPLICATION FOR A SPECIALEVENTS PERMIT • APPLICATION MUST FIRST BE SUBMITTED TO THE LOCAL ! LICENSING AUTHORITY (CITY OR COUNTY) AT LEAST THIRTY (30) DAYS PRIOR TO THE EVENT. • APPROVED APPLICATION MUST BE RECEIVED BY THE LIQUOR ENFORCEMENT DIVISION AT LEAST TEN (10) DAYS PRIOR TO LIQUOR PERMIT ACCT. NO. EVENT. ' Print Ortypewritein BLACK INK. 0 Attach diagram (814" x 11" maximum) showing where liquor will be 00 NOT WRITE N -HIS SPACE served and consumed. 0 Attach copy of Certificate of Good Corporate Standing (non-prof it) LIABILITY INFORMATION (issued by Secretary of State within last two years). COUNTY CITY INDUSTRY TYPE LIABILITY DATE 0 If Political Candidate, attach copies of reports and statements that were filed with the Secretary of State. 0 Attach copy of deed, lease, or written permission of owner for use STATE FEE PAID FERMENTED MALT BEVERAGE MALL VINOUS & SPIRITUCUS of the premises. (3.2 BEER ONLY) 45 - 09 LIQUOR 41 - 09 0 Applicant must have Colorado Sales Tax Account (not Tax Exemot Number). 0 Applicant organization cannot obtain more than 10 Special Events Permits in one calendar year. IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NON-PROFIT AND ONE OF THE FOLLOWING: (See bagk for details.) CHECK ONE. 4 SOCIAL 2 CHARTERED BRANCH, LODGE, or CHAPTER OF A, £ FRATERNAL NATIONAL ORGANIZATION OR SOCIETY ~ PATRIOTIC 2 RELIGIOUS INSTITUTION U POLITICAL E PHILANTHROPIC INSTITUTION - U ATHLETIC ' U CHECK HERE IF APPLICANT IS A POLITICAL CANDIDATE 2 CHECK HERE IF APPLICANT IS A MUNICIPALITY OWNING ARTS FACILITIES -, - Type of Special Event applicant is applying for: Your Local Licensing Authority (city 7 FERMENTED MALT BEVERAGE (3.2 Beer) (State Permit Fee - $10.00/day) or county) will indicate the amount of 20' MALT, VINOUS AND SPIRITUOUS LIQUOR (State Permit Fee - S25.00/dav) their permit fee. 1. NAMEOFAPPLICANTORGANIZATION OR POLITICAL CANDIDATE: ~ODERS-7R/616% ~-n C. 0-0 - SA(£4 111 Acci4 2.60 l33£> i 2. MAILING'ADORESS OF ORGANIZATION CR POLITICAL CANDIDATE: 3. ADDRESS OF'PLA'CE TO HAVE SPECIALEVENT: £ Sag p FA R l. 5 7 &&01 1.£ 200 SJA A , 2.4/ PA 7.1 1 UITY OR TOWN: STATE ZIP CITY OA TOWN: STATE ZIP 8004.8 £* 6 2030=i- 2-57*-5 /91* i to €0577 NAME: DATE OF BIRTH HOME STREET ADDRESS PHONE NUMBER CITY, STATE. ZIP- APRES./SEC'Y OF ORGANIZATION or POLITICAL CANDIDATE: S:-riLU y- 1-2.R (V\AtURX 1799 14.1 5,snk< 445 5760 Alib£££-AAIhf6504« 5. EVENT MANAGER: 62,1,6 4 xed,/se# 1-1-51 !5-5-0 Qi,<Aic.g. 449 876,0 130(.Ja-WER,(00 905«, 7. Has appiliant 67§8nizdtion or political candidate been issued a 8. Is premises now licensed under state liquor or beer code? Spe~Jal Event permit this calendar year? YES How many days? U NO E YES To whom? 40 LIST BELOW THE EXACT DATE{S; FOR WHICH APPLICATION IS BEING MADE FOR PERMIT o.t:Ad4 a€ '993 Date: A 14 29 199 3 Date: Date. Date: Hours: From f Am Hours: Prom f Am Hours: From m Hours· From m. Hours: From To /0..309"\ ' 3 10:30 fm TO rn To m. To OATH OF APPLICANT j declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. SIGNATURE: , d l iTITLE: DATE: Atfy\ Le 10-4 -_ _ 1. Au wer,6,4 6 0 „,13'ri-9 R Ay.ED -30- 11 a m-1 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoinA#plication has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S. as amended. THEREFORE THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY I.O. NUMBER: LOCAL LICENSING AUTHORITY (CITY OR COUNTY): SIGNATURE: TITLE· DATE: r1 EE
a ~ #=/T % 24 1 4 - . :iF 0/ 4. V . ! 1. 2 - . ./. 1 31 6.0 ' · · -,2 4 5: I · po bl, 1- . 5.A N h 1 7.- r £ . gy . .. <Elerto-&:94. Q rte\. 0 1 ·Z .. . 1. . 1 1 . 7-TE•ccr~ez. -- - r...~.~8.=i,il~~f-,1 4 - 4- --.% - I -/ I..~il/1'.i,1 .2/021 22.1:1) /1, id#~ // 4 £2 il_ee 1~of /64 ~6~te-/
AGREEMENT THIS AGREEMENT, made this 544 day of A~A.L~ , 1993 by and between the Town of Estes Park, Colorado, a municipal corporation, as party of the first part, and the Telluride Bluegrass Festival, Inc., as party of the second part: WITNESSETH: WHEREAS, the second party desires t8 hold its music festival at Stanley Park, Estes Park, Colorado on the hereinafter set forth dates and to make contractural agreements for the use of the facilities at Stanley Park including the area operated by the Estes Valley Recreation and Park District, and services to be furnished by the first party in connection with the use of said facilities. NOW, it is agreed as follows: 1. The second party shall hold the Rocky Mountain Folks Festival on the following dates: August 28 and 29, 1993 Commencing at 13 2--1 and ending at 10:30 p.m. daily /0.boa...1. 2. The first party agrees to furnish for free to second party the use of Stanley Park on said dates. 3. The first party agrees to furnish to second party all available automobile parking at Stanley Park. 4. First party assumes no responsibility or liability for injury, sickness or death of any person or animals, nor for the loss, damage or destruction of personal property in accordance with the provisions of this Agreement. The second party agrees tc hold the first party harmless for any liability or expenses from any third party claims for losses, damages, or injuries including att6rney fees and costs, which are caused or alleged to be caused directly or indirectly, by second party, its employees, agents, animals or equipment. 5. The second party must furnish to first party and the Estes Valley Recreation and Park District a duly executed certificate of insurance of any insurance company authorized to do business in the State of Colorado at least thirty (30) days before August 28, 1993. Said certificate must show first party and the Estes Valley Recreation and Park District as additional
4 named insured and shall evidence the existence of the following minimum limits of liability; $150,000 bodily injury for each person, with total liability for two or more persons injured in a single occurrence of $600,000; $400,000, property damage for occurrence; and that a least ten (10) days notice must be given to the first party as holder of the certificate before the policy certified to can be canceled. Second party shall furnish all other coverages as required by the Town of Estes Park, including but not limited to, liquor liability coverage. 6. The second party shall be responsible for crowd control, security, temporary restrooms, parking and obtaining all licenses and permits in relation to the festival. 7. The first party will assist with labor from the Special Events Department for clean up, set up and take down of temporary facilities for the festival use. 8. The second party shall submit to the Estes Park Special Events Director a description of temporary facilities, such as booths, tents, portable restrooms, stage and similar types of installations, thirty (30) days prior to the festival. 9. Glass bottles and containers shall be restricted and not permitted on the premises by spectators. 10. The first party agrees to promote and advertise the festival through the Town of Estes Park Advertising Department with an amount not be exceed $8,000.00. 11. The first party chairman of the Rocky Mountain Folks Festival Committee is: Bob Scott, Executive Director of Estes Park Special Events Department. The second party's representative for the Rocky Mountain Folks Festival Committee is: Craig Ferguson. 12. This contract shall be binding upon the inure to the benefit of the parties hereto, their respective heirs, personal representatives and assigns as the case may be. 13. All of the participants, guests and employees of the second party shall comply with the ordinances, rules and regulations of the Town of Estes Park.
. IN WITNESS WHEREOF the parties hereto have unto set their hands the day and year first above written. Town of Estes Park .-\ 2,< 0 \/ <73 By :, 1 .22%,r-ds.•41-·/ 96 -232 Attest: C«c»n»»a-J\*-m.--»5 - W)- Party of the First Part Telluride Bluegrass Festival, Inc By: ~~A+9#*W+K- Crai~ werg7 1 Attest: 4/494 44&1hgh_ j 3*thEbAA Party bf the Second Part
USAGE AGREEMENT Thi& Usage Agreement is made this JOY~clay of .~-~ , 1993, between the Estes Valley Recreation and Park'District, a special district organized and existing under and by virtue of the laws of the State of Colorado, hereinafter called "District", and the Town of Estes Park, a municipal corporation and a political subdivision of the State of Colorado, hereinafter called the "Town", agree to the follow- ing terms and conditions. 1. The District hereby grants to the Town the right to use Stanley Park to conduct a Rocky Mountain Folks Festival. 2. The Festival will be held the evening of August 27 and all day August 28 and 29, 1993. The District permits the right to set up for the event August 26 and to remove on August 30. 3. Submit to the District, for its approval, a description of temporary facilities, such as booths, tents, portable rest rooms, stage, and similar types of installations. The same shall be submitted no less than thirty (30) days prior to the Festival. 4. To erect the installations only on that portion of Stanley Park as is designated by the District. The Town will furnish the necessary labor to erect the facilities and to remove such facilities on August 30. 5. The Town shall restore the premises to the same condition which existed at the commencement of use. 6. The Town shall furnish the necessary labor to reasonably remove debris, waste paper and other material brought onto the premises during the Festival. 7. The Town shall be responsible for crowd control, security, temporary rest rooms, parking and obtaining all licenses and permits in relation to the Festival. 8. The Town shall obtain comprehensive public liability insurance for injury to any person or to personal property during the times of the Festival. Coverage shall be in an amount no less than $400,000 combined single limit for bodily injury and property damage with a $400,000 aggregate limit as per governmental immunity limits. Said p61icy or endorsements thereto shall include liability coverage for food and for "Dram Shop Act" liability (Colorado Revised Statutes, 13-21-103; 12-46- 112.5; and 12-47-128.5). The District, its directors and employees, shall be named as additional insureds. The Town shall deliver to the District a certificate of such coverage not less than ten (10) days before the first day of the Festival. 9. The Town agrees to hold the District, its directors and employees, harmless from all claims, demands and liabilities for injury to person or damage to property which arise out of said Festival, except to the extent that the District, its directors or employees, negligently or willfully caused or contributed to the same. 10. Glass bottles and containers shall be restricted and not permitted on the premises by spectators. 11. Overnight camping will not be permitted other than providing necessary security of the area.