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Home My WebLink AboutPACKET Town Board 1994-04-12BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 12, 1994 7:30 P.M. AGENDA Current Board of Trustees - Mayor Dannels, Mayor ProTem Hix, Trustees Dekker, Doylen, Gillette and Habecker. PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated March 22, 1994. 2. Bills. 3. Committee Minutes: A. Special Events, March 24, 1994. B. Public Works, March 24, 1994. C. Community Development, April 7, 1994. D. Board of Adjustment, April 7, 1994 (acknowledgement only). 4. A. Final Plat of Lots 26 and 27, Grand Estates Subdivision, Jim and Eunice Docter/Applicant - Continue to April 26, 1994. B. Final Plat of Lot 3, Canaiy Subdivision, and a Portion of Lot 51, Grand Estates Subdivision, Moreno Tewahay, Inc./Applicant - Continue to April 26, 1994. ACTION ITEMS: 1. Special Events Committee, March 24, 1994: A. Rooftop Rodeo Entertainment Agreements - Darn Thirsty Cowboys/$2,200.00; Sweethearts of the Rodeo Concert/$9,350.00; Colorado Quarter Horse Show (standard agreement). 2. Public Works Committee, March 24, 1994: A. Vacation Easement and Ordinance for Lot 30, Fort Morgan Colony Addition. B. A-1 Trash Company Trash Collection Contract - $13,575.60. 3. Ordinance - Amending Section 17.36.020 pertaining to the Estes Park Urban Renewal Authority Review Process. Completion of Unfinished Business by Current Board of Trustees. 4. Presentation of Certificates of Appreciation to David Habecker and George J. Hix. 1 Town Clerk: Conduct Swearing-In Ceremony for all Newly-Elected Trustees. 5. Appointments - Mayor Dannels A. Committees B. Administration C. Planning Commission D. Estes Park Urban Renewal Authority E. Board of Adjustment F. Miscellaneous. 6. Town Administrator's Report: A. "Park and Ride" Services. 7. Motion to Enter Executive Session to discuss (1) Personnel; (2) Property Interest ; and (3) Contract Negotiations/Attorney- Client. 8. Adjourn. 2 Town of Estes Park, Larimer county, colorado, . MaTch. 20 . 0 .., 19. ?4. Minutei of a .Regular. . . meeting of the Board of Trustees of the Town of Eates Park, Larimer County, Colorado. Meeting held in the Municipal Building in 22nd March 94 said Town of Estes Park on the ..... day of .........., A.D., 19. .. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... H. B. Dannels Present: Mayor Trueteee: George J. Hix, Mayor ProTem Robert L. Dekker, Susan L. Doylen David Habecker Also Present: Gary F. Klaphake, Town Administrator Vickie O'Connor, Town Clerk Absent: Stephen W. Gillette, Trustee *0441 Gregory A. White, Town Attorney Mayor Dannels called the meeting to order at 7:30 P.M. PUBLIC INPUT. There was no public comment. CONSENT CALENDAR: 1. Town Board minutes dated March 8, 1994, and Special Meeting March 17, 1994. 2. Bills. 3. Committee Minutes: A. Light & Power, March 10, 1994. B. Public Safety, March 17, 1994. C. Board of Adjustment, March 3, 1994 (acknowledgement only). D. Planning Commission, March 15, 1994 (acknowledgement only). E. Final Plat of Lots 26 and 27, Grand Estates Subdivision, I Jim and Eunice Docter/Applicant - Continue to April 12, 1994. F. Final Plat of Lot 3, Canaiy Subdivision, and a Portion of Lot 51, Grand Estates Subdivision, Moreno Tewahay, Inc./Applicant - Continue to April 12, 1994. 4. Prospect Estates Subdivision, Third Filing - Correction Plat (dimensional errors). Administrator Klaphake requested the Public Safety Minutes dated March 17, 1994 be removed from the Consent Calendar. The request was granted, and it was moved and seconded (Dekker/Hix) the consent calendar be approved, and it passed unanimously. bCTION ITEMS: 1. Public Safety Committee Minutes, March 17, 1994. Pursuant to additional research, Administrator Klaphake suggested the "Fire Lane Signage" recommendation for the alleyway north of Estes Silver and Gold be referred back to the Public Safety Committee. Fire Lane standards require a 20' minimum width with appropriate clearances; as the alleyway in question does not meet the minimum standards, it cannot be designated as a Fire Lane. An ownership question on the alleyway has also arisen. Therefore, it was moved and seconded (Hix/Habecker) Board of Trustees - March 22, 1994 - Page 2 the minutes be approved with the deletion of the Firâ€¢ Lane Signage discussion/recommendation, referring same back to the Public Safety Committee, requesting Public Works Director Linnane review the plat and define the Town's ownership, reporting this information to the Public Safety Committee. The next Committee meeting is scheduled April 21 at 8:30 A.M. If this information is available it will be addressed at that time. A. Fire Station Planning Study - Approval of 810.000 Budget Expenditure. The Committee recommended approval of a study to be performed by Thorp and Associates to research possible relocation of the fire station to a less congested area. The study is to be completed prior to ~ finalization of the 1995 Budget. It was moved and seconded (Hix/Habecker) the contract, not-to-exceed $10,000 with Thorp and Associates be approved, and it passed unanimously. B. Ordinance #5-94 Municipal Court Assessments. The Committee also recommended approval of an ordinance ~ amending municipal court assessments as follows: costs for defendants who enter guilty pleas or are found guilty after trial be $15.00 and costs for any deferred sentence i agreement or deferred prosecution agreement be $75.00. Current court costs are $5.00. The increase in fees relates to processing necessary to administer the required deferred sentence agreement between the Town and the defendant. It was moved and seconded (Hix/Habecker) the Ordinance be approved, and it passed unanimously. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 5-94 and published according to law. C. Computer Ecruipment - Authorize $15.000 Exvenditure. The Committee recommended approval of a budgeted expenditure to purchase CAD-related hardware and software for the Communications Department, totaling $15,000. It was moved and seconded (Hix/Habecker) the expenditure be approved, and it passed unanimously. 2. Planning Commission, March 15, 1994: A. Special Review #94-5. Lot 2. Sevbold Addition. Brad & Eunice Witt/Applicant. Mayor Dannels opened the public i hearing. Community Development Director Stamey reviewed the request to grant a height exception to allow four architecturalÂ·projections of an average 36' in height to a maximum of 38' to preserve the architectural theme and enhance the exterior appearance of a Victorian-style home. A motion to deny the request was defeated, and in a subsequent vote, the Planning Commission, in a 4 to 3 vote, recommended approval. The architect has confirmed that the roof composition will be asphalt shingles in a muted blue/gray color with natural stain log siding, and the color scheme meets the Commission's intent. Trustee Habecker questioned the Commission's stance regulating aesthetics and how the roof color would be enforced in the future. Staff confirmed that adjacent property owners were notified and that a mechanism for re-roofing is unclear. As there were no persons speaking in favor or in opposition to the application, Mayor Dannels ' declared the public hearing closed. Stating that adjacent neighbors had not commented on this proposal, grading, the projections will not be a detriment, it was moved and seconded (Habecker/Dekker) Special Review #94-5 for Lot 2, Seybold Addition be approved. Trustee Habecker did not attach the color stipulation cited by the Planning Commission. Discussion included whether the , Board of Trustees - March 22, 1994 - Page 3 entire lot could be used for retail purposes, surrounding zoning, and whether the height variance applied to the entire site. Staff confirmed that the lot could be used for retail and that the owner may operate a small antique shop; however, any proposed retail use must meet Code requirements; surrounding zoning is R-S, Commercial and Estate; and the height variance is specific for this exclusive structure. The motion passed unanimously. 3. Liquor License - Transfer of Ownership from The Event Center. Inc.. 470 Prospect Village Dr.. to High Country Brewery. Inc.. dba Estes Park Brewerv at The Event Center. Hotel and Restaurant License. Clerk O'Connor reviewed the transfer request stating that the Applicant intends to add a micro- brewery. Both State and Federal agencies administer licensing for micro-breweries, and are allowed to wholesale and retail their product. It was moved and seconded (Dekker/Doylen) the Transfer of Ownership to High Country Brewery, Inc. be approved, and it passed unanimously. 4. Town Administrator's Report: A. Town/Chamber Fulfillment. Staff reported that pursuant to questions raised concerning the Town's role in advertising efforts and assurance that equal access is being offered, the Chamber Board and A/C Book Committee are proposing to fund postage costs for mailing the fulfillment packet. In a letter dated March 9, 1994, representatives from the Accommodations Association, Chamber of Commerce, and A/B Book Committee stated that, beginning January 1, 1995, said entities could assume the mailing costs with a provision that the funds being offset by this proposal be applied to the direct advertising portion of the Town's Advertising Budget to allow further promotion of the community, thus "strengthening the economic impact of their efforts." Administrator Klaphake stated that the fulfillment packet price is based upon unit prices, and that this proposal could be considered during budget preparation. Following discussion, it was moved and seconded (Hix/Doylen) the aforementioned letter be acknowledged, and that consideration will be given to this proposal during preparation Of the 1995 Budget, and it passed unanimously. B. Administrator Klaphake reviewed a letter from LaRoy Seaver/Crossroads Ministry commending the Board for their low-cost housing project. C. Land Trust Activities - Administrator Klaphake and Pieter Hondius advised that the Estes Valley Land Trust has been working on a proposal to save the gateway located at Meadowdale Ranch. The Ranch borders U. S. Highway 36 to the south, approximately 4 miles east of Estes Park. The Forest Service has long sought this scenic eastern gateway as it is one of the preeminent wildlife habitats in the region. The Forest Service secured a public access easement across the Ranch in 1984 for $1.00. The purpose of this easement is to provide vehicular access to homestead Meadows. However, there is also public access to Homestead Meadows from U. S. Highway 36 via a foot and horse trail, known as the Lion Gulch Trail. The land owners, Candace Ammerman and Toni Brown are seeking to eliminate the threat of public access through their property, and have offered to convey a conservation easement if the Forest Service relinquishes its public access easement across the Ranch. As consideration for the relinquishment of the public access easement, the . , Board of Trustees - March 22, 1994 - Page 4 owners have offered to make the Forest Service an express beneficiary of the conservation easement, with full rights of enforcement. This would serve to further ensure the public purpose of the conservation easement. The Forest Service's Implementation Plan for the Lion Gulch Area states that the area will be managed for non- motorized uses with the only routes of public access being the Pierson Park and Lion Gulch Trails. The owners would retain eight residential building sites which, with the possible exception of one site located at the west side near Hewlett Packard, would not be visible from the highway. In conclusion, the Land Trust, in cooperation with the owners of Meadowdale Ranch, have been working on this conservation easement which would limit development of the ranch and provide a buffer to the adjoining Forest Service property; however, this proposal has been rejected by the Roosevelt Forest Supervisor. Should negotiations prove unsuccessful, the inevitable result will be that the Ranch will ultimately be sold for I development. The major points of the conservation easement are: (1) request that the existing Forest Service access remain as 1 an administrative road, not public, (2) the owners will have limited building sites on property not visible from the road, and (3) the cost of the conservation easement is $300,000 to be secured by the Land Trust by private contributions. Discussion followed concerning responsibility for property taxes, perpetuity of the easement, and continued permission for the summer grazing of MacGregor Ranch cattle. Mr. Hondius reported that the Land Trust has obtained $50,000 in donations to purchase a 3-year option for the easement, and the Board stated that pursuant to the Comprehensive Plan relative to open space, this ' project presented a outstanding opportunity for the Town ~ to convey its support. It was moved and seconded (Dekker/Habecker) the Town offer its wholehearted support in correspondence with Senator Brown and Representative Allard, and that the Town be prepared to act as a financial contributor in the 1995 Budget, and it passed unanimously. Administrator Klaphake cautioned that the Forest Service is a formidable negotiator and that the process will move in a rational and reasonable manner. There being no further business, Mayor Dannels adjourned the meeting at 8:30 P.M. Mayor Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Special Events Committee March 24, 1994 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: Chairman Hix, Trustee Habecker Also Attending: Town Administrator Klaphake, Special Events Director Scott, Clerk O'Connor Absent: Trustee Gillette Chairman Hix called the meeting to order at 8:31 A.M. ESTES VALLEY RECREATION & PARK DISTRICT (EVRPD) /SCOTTISH FESTIVAL - DISCUSSION. At their meeting held March 3, 1994, the Committee requested EVRPD appear to discuss the proposed community center on the Stanley Park site. The District was represented by Cathy Lissner who stated the proposed structure will replace the former swimming pool building which was vacated in 1983, located east of the fairgrounds. Thorp Associates and Hastings and Chivetta Architects created the plan. Ms. Lissner thoroughly reviewed the floor plan, facility and amenities. Administrator Klaphake reviewed the 30-year lease for this site which was executed in 1976, later amended, which will expire in 2017. Terms of the lease were identified, which included a condition that the Trustees must approve all changes to the property. If the community center is approved by the voters, staff anticipates that the lease will be re-written to include current insurance coverage requirements. In addition, staff advised that the Town Attorney is working on a quiet title action for Stanley Park. Scottish Highland Festival President Durward stated he had no objection to the proposed center and use of Stanley Park; however, he is in favor of the Town reviewing the entire site, possibly entering into a joint-venture for the development and maintenance of this property to create a venue area. Infrastructure such as restrooms, electricity, etc. are essential in providing a quality event. EVRPD did not contact Dr. Durward with the community center proposal and he raised concern with whether or not the center would be open for business during the festival, traffic patterns, potential use of restroom facilities, etc. EVRPD Representative Ranglos reported that the District will meet with Dr. Durward to resolve his concerns, and he urged support for the community center. Chairman Hix expressed his appreciation to EVRPD Representatives for their presentation, and stated he was gratified that Dr. Durward and EVRPD would meet to discuss issues raised this date. AGREEMENTS. Rooftop Rodeo Entertainment. The Committee reviewed a standard agreement with the Darn Thirsty Cowboys to perform at the Rodeo Dirt Dance, July 12 and Rodeo Dances July 15 and 16 for a fee of $2,200.00. Director Scott has booked Sweethearts of the Rodeo for the Rodeo Concert scheduled July 9 for a fee of $8,500.00, plus the Agent fee of $850.00. Two items must be deleted from the Contract and staff will discuss same with the Town Attorney prior to Town Board BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Special Events Committee - March 24, 1994 - Page 2 approval. Evidence of workers compensation has not yet been furnished. Horse Show Agreement. The Committee also reviewed a standard horse show agreement with the Colorado Quarter Horse Show, June 15-19. The Committee recommends approval of all three Agreements, subject to Town Attorney approval of the proposed changes for the Rodeo Concert Agreement. PARADE PERMITS. Museum Director Kilsdonk presented the Duck Race Parade Permit sponsored by the Museum which is scheduled May 7. Entries will consist of marchers, floats, automobiles and possibly horses. Chamber Director Boschen presented the Hippy Dippy Do-Wop Parade sponsored by the Chamber of Commerce scheduled May 21. A $10.00 entry fee will be assessed, prizes awarded, and all entries will be marching drill teams. Director Boschen advised that the Town's insurance was used for the Bed Race held in February, and she requested the Town cover this parade. Administrator Klaphake reported that if the Town is excessive on this type of coverage, rates will increase, and he suggested the Chamber provide a Certificate of Insurance. Discussion followed on risk management, with the Committee recommending approval of both parade permits, with the Chamber to supply a Certificate of Insurance for the their Parade. GROUNDS USE. Staff received an inquiry from the Family Motor Coach Association (FMCA) to use the grounds for a rally of August 19-21, 1994. Approximately 100 coaches would participate. A letter from the Marys Lake Campground dated March 16, 1994 advising they had no objection to the Fairgrounds accommodating FMCA was acknowledged. The Committee recommends Family Motor Coach Association be allowed to use the Fairgrounds as referenced above. REPORTS. Director Scott advised that curb cut repair on Fourth Street, , requested by Rally 'n the Rockies, will be completed this week. There being no further business, Chairman Hix adjourned the meeting at 8:43 A.M. .9 7 / Â£ inaâ‚¬.. di' '935'f, Vickie O'Connor, CMC, Town Clerk BRADFORDPUBLISHING.0. RECORD OF PROCEEDINGS Public Works Committee March 24, 1994 Committee: Chairman Habecker, Trustees Doylen and Gillette Attending: Chairman Habecker, Trustee Doylen Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Clerk O'Connor Absent: Trustee Gillette Chairman Habecker called the meeting to order at 10:05 A.M. WATER LINE EASEMENT - VACATION REOUEST FOR LOT 30. FORT MORGAN COLONY ADDITION. An existing 4" water line runs through and across Lot 30, in Fort Morgan Colony Addition. The owner would like to relocate the line to facilitate construction of a dwelling. The owner has, in writing, agreed to pay reasonable attorney fees to prepare a vacation ordinance and to prepare construction plans. The relocation will not require any street disturbance. Staff does not object to the relocation; however, it was suggested a 6" water line be installed for future looping capabilities when the 4" line is abandoned. The Committee recommends approval of the request to vacate the existing water line easement, with installation of a 6" water line as identified by staff. U. S. WEST - REOUEST INSTALLATION OF EOUIPMENT ON TOWN PROPERTY. U. S. West has requested approval to install an equipment cabinet on Lot 16, Carriage Hills, 8th Filing (Crystal Water Plant site). The walk-in cabinet is 5'8" high, 6' wide and 12' long and it will allow U. S. West to provide private telephone lines in the area. The Committee reviewed a sketch of the site; the installation would occur approximately 215' north of the southeast corner of Lot 16, adjacent to the north side of an existing gravel driveway. As expansion of private telephone lines is in the best interest of the Town, the Committee recommends approval of the equipment installation on Town property, with access to be gained within the utility easement. TRASH COLLECTION SERVICES - APPROVAL OF CONTRACT. A-1 Trash Company has been providing collection services since January, 1991. Their annual contract of $13,575.60 has been in effect since January, 1992, and they have requested a 5% increase and new two-year contract. The increase can be attributed to landfill costs, transportation expense, insurance and general operational inflation. The new contract, in the amount of $14,254.38, would be from April 1, 1994 through December 31, 1995. Based upon the comparative increases with other service contractors and A-1's high level of quality, staff urged approval of the request. Director Linnane noted that pursuant to TABOR, this contract will be formally renewed by the Board of Trustees on an annual basis. The Committee recommends approval of the request as stated. SENIOR CENTER SEWER LINE - REOUEST AUTHORIZATION TO EXPEND FUNDS. As sanitary facilities for the Sanitary Sewer wdre in need of replacement, funding for the installation of a new sanitary sewer line was budgeted in 1994. The existing leach field has now failed and staff presented a estimate of $8,990 for the project. The BRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee - March 24, 1994 - Page 2 Estes Park Sanitation District has offered free labor for this installation, and the project is within budget ($9,000.00). The Committee recommends approval of the budgeted expenditure, complimenting the Sanitation District for their donation of labor. REPORTS. The Committee reviewed the Customer Service Response and Water Reports for February. Year-to-date water billed plus water revenues have increased by approximately 10% The $180,000 grant for the Lake Estes Hike/Bike Trail has been informally approved by CDOT; engineering is 95% complete; staff anticipates obtaining necessary permits from BOR and the Corps of Engineers in June; and construction may begin July 1st and completed no later than the end of October. Trustee Doylen and staff presented a subsequent grant proposal for $50,000 in funding to "Go Colorado." Staff met a very strenuous submittal deadline; however, to staff's credit, the application was very complete. Interviews for this funding were held last week, and should the Town receive the additional funds, it would generate approximately 50% of all funding for this project. Director Linnane and staff were commended for their effort in applying for and obtaining the funding for this project. Construction Manager Sievers applied for and received $55,000 in Federal funding for bridge rehabilitation. The 80/20 match will be applied to the Spruce Street bridge project scheduled in 1995; the Town's expenditure will be $11,000. The Committee applauded Manager Sievers for his initiative in researching and obtaining the Federal funding. Director Linnane briefed the Committee on the 1995-1997 CDOT Enhancement Funding Projects. Due to community and Town Board support, staff is proposing the following two projects be included for funding requests: (1) a 10' bike path beginning at the Brodie Ave./Fish Creek Rd. intersection, south on Fish Creek Rd. to Scott Ave. This path could funnel a number of residents to heavily- traveled areas such as the School Campus, Fairgrounds, and Carriage Hills Addition. Administrator Klaphake commented on discussions with representatives from the Horse Trail System, encouraging staff to Â· continue a dialogue with same prior to f inalization of this project; and (2) an underpass on the west side of the bridge on U. S. Highway 36 which would then facilitate a connection for the Riverwalk to the Lake Estes Bike Bath. A linkage for the Riverwalk, Highway 7 and the Lake Estes Hike/Bike Trail would be achieved. Due to the life expectancy of the bridge in question, CDOT will not replace it for quite some time, and staff contends an underpass 8' high would be acceptable. Estes Park is one of nine finalists for this funding and interviews are scheduled March 29th. Director Linnane reported that in 1992, Construction Manager Sievers questioned U. S. West concerning adding government blue pages to the local telephone directory. The request was delayed due to personnel changes with U. S. West; nevertheless it was announced that said directory will include the blue pages in their 1994/95 edition. The Committee acknowledged Manager Siever's participation on this project. There being no further business, Chairman Habecker adjourned the meeting at 10:45 A.M. >731 / da.a,Â« Vickie O'Connor, CMC, Town Clerk BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee April 7, 1994 Committee: Chairman Dekker, Trustees Hix and Doylen Attending: All Also Attending: Town Administrator Klaphake, Advertising Manager Marsh, Museum Director Kilsdonk, Clerk O'Connor Absent: Community Development Director Stamey Chairman Dekker called the meeting to order at 10:00 A.M. 1994 ADVERTISING REPORT Channel 9 Video. Manager Marsh reported that in response to a November 28, 1993 Denver Post article on winter business in Estes Park, KUSA Channel 9's Good Afternoon Colorado Program produced a piece on "shopping in Estes Park" which aired Friday, December 9. The Committee viewed the video which featured the Spruce House, the Michael Ricker Gallery and other shops. In addition, the Discovery Channel will feature wildlife watching in Estes Park. Staff will apprise the Committee as to when this segment will be aired. The Committee suggested staff maintain a catalog of video pieces. First Quarter Performance. First quarter requests for information have exceeded inquiries for the same period of 1993 by 15.8%. Telephone inquiries for the first two months of 1994 have exceeded the same periodÂ· of 1993 by 20.8%. Although the increases are favorable, it is too early to predict any trends in the market. Spring Magazine Ads. Three different versions of the spring ad were placed in March/April issues of Country Living, Home & Away, Michigan Living, Midwest Living, Midwest Motorist, National Geographic Traveler, Outside Magazine, Southern Living, Texas Monthly and Travel Holiday. This combination of magazines allows the Advertising Committee to reach an affluent, well educated reader with a high interest in travel, while maintaining geographic coverage in the midwest, one of Estes Park's traditional markets. Sample magazine issues were presented for review by the Committee. The upcoming Wool Market will be included in National Geographic Traveler calendar in May. MUSEUM REPORT. The Museum is closed for the winter season, however, the Museum was involved in three Outreach Programs where 915 were in attendance. A year-to-date total of manhours, primarily spent on renovation in the main museum building,' are 238.5. Work is in the final phase for the exhibit renovation. An Opening Celebration is scheduled Friday, April 15 from 5:00-7:00 P.M. The Committee was urged to attend. Spring operating hours are weekends in April, and daily beginning May 1. Two Outreach Programs have been scheduled in April: "Creative Memories: Preserving Your Family History" on Saturday, April 16 (workshop on how to safely handle and creatively display family photographs, and "Remembering McGraw Ranch" on Thursday, April 21 which will include the McGraw family members. The Friends of the Museum and Museum Advisory Board have planned a joint retreat on Friday, April 29 to discuss planning, recruitment, fund raising and other issues. aRADFORIPUBLISHING.0. RECORD OF PROCEEDINGS Community Development Committee - April 7, 1994 - Page 2 Director Kilsdonk and Senior Planner Joseph reviewed the 1994 Phase of the Museum's Landscaping Program. The primary objective of the plan is to meet ADA requirements. The 1994 Budget is $6,400 and the plan includes a concrete sidewalk. Staff prefers an 8' sidewalk; however, should bids not meet the budget, the walk could be reduced to 61. The existing gravel path, which leads to the former Park Headquarters Building, will eventually be phased-out. As there is no irrigation system, staff is proposing dryland flowers. Director Kilsdonk requested staff be authorized to solicit bids, and, if the bids are within budget, to proceed without returning to the Committee. Following discussion, the Committee recommends approval of the staff's request as identified above. As Trustee Hix will no longer be a member of the Board, the Committee expressed their appreciation to him, stating he will be missed. There being no further business, Chairman Dekker adjourned the meeting at 10:23 A.M. C A 2 fb< A 0 ' C. t> 4. f /f t ' Vickie O'Connor, CMC, Town Clerk Alp 3 + f ?f a, , *1 ,/ BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment April 6, 1994 Board: Chairman Habecker, Members Dekker, Doylen, Newsom, and Sager Attending: Chairman Habecker, Members Dekker, Doylen, and Newsom Also Attending: Community Development Director Stamey, Deputy Clerk Kuehl Absent: Member Sager Chairman Habecker called the meeting to order at 9:05 a.m. APPROVAL OF MINUTES Minutes of the March 3, 1994 meeting were approved as submitted. 158 FIRST STREET. (ACE HARDWARE). RECLAMATION SUBDIVISION. LOT 7. BLOCK 2. J. DARREL BARNES/APPLICANT - REOUEST FOR SETBACK VARIANCE Three specific variance requests were submitted to the Board: 1. To enclose a new outdoor storage area with a chain link fence, 14' x 50' x 7' high, behind the building. Section 17.16.060, B., requires that: "All outdoor material and storage areas shall be separated from street and property lines by a planting area at least five feet wide, containing dense planting and, optionally, a sight-impervious fence or wall." 2. To enclose a front entry area. Section 17.20.040, B., 1, a, requires: "A 25-foot setback from the street property line." 3. To exceed the allowable building gross floor area. The existing building is 8,500 square feet. The lot area is 29,000 square feet, for a floor area ratio of 29%, compared to the allowable 25%. Darrell Barnes, owner of the property, stated the proposed improvements will enhance the building exterior by enclosing the front entrance and the storage area and provide added security. Concerns of the Board were parking requirements, possible entrance modifications, and use of a chain link fence. Director Stamey confirmed the parking requirements were adequate. Owner Barnes reported the entryway would not be moved to the east side because the differing floor elevations would require installation of steps and would not be considered safer or more convenient. Owner Barnes also stated he would not consider a wooden fence but may consider a concrete block fence. It was moved and seconded (Doylen-Dekker) to deny the variance request, Section 17.16.060, B, 1, for the installation of a chain link fence for outside storage, and that Applicant be required to submit a sight-impervious fence plan for further consideration, and it passed unanimously. BRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Board of Adjustment, April 6, 1994 - Page 2 Because of existing roof overhang and supports, it was moved and seconded (Doylen-Newsom) to approve the two variance requests as follows: Section 17.20.040, 8, 1, a, (25-foot setback requirement) and Section 17.20.060 (gross floor area requirement) by allowing the enclosure of the front area of the store, contingent upon the inclusion of the final drawing with the submission of the building permit application, and it passed (3-1). Chairman Habecker voted "no" citing (1) a possible safety hazard in the parking area along the street and (2) the proposed floor area to exceed the allowable. TINY TOWN TEXACO. 860 MORAINE AVENUE. GARY L. MITCHELL/APPLICANT. REOUEST FOR SETBACK VARIANCE Bill Van Horn, representing Applicant, stated proposed changes to the Texaco station include a canopy, 24 feet wide, 20 feet high, with a clearance of 14 feet, supported by four poles and large concrete pads, and black in color. This canopy is designed by Texaco to support winds of 100+ miles per hour and a 40-pound snow load. The pumps and islands meet the 25-foot setback, but the proposed canopy overhang encroaches 9 feet into the required setback. The depth of the lot does not allow the developer to meet the 25-foot setback. The number of pumps will not be increased. The revised site plan specified landscaping and curb cuts. Â·It was moved and seconded (Doylen-Newsom) to grant the variance request with the condition that staff verify with the applicant landscaping, bike/pedestrian path allotment, curb cut design, and Department of Transportation compliance, with signage as a separate issue, and it passed unanimously. Chairman Habecker stated that the depth of the lot did not allow the developer to meet the 25- foot setback. 621 CHAPIN LANE. PORTIONS OF LOTS 112 AND 113. AL FRESCO PLACE. RENEE L. DENNIS. APPLICANT. REOUEST FOR VARIANCE SETBACK Applicant was not present. This lot is located within E-Estate. Director Stamey explained that Applicant wishes a setback variance from the required 25 feet to allow a setback of 13 feet from the north lot line and 16 feet from the west lot line for installation of a non-commercial greenhouse. Citing shape of the lot and benefits of the proposed location (fewer visual impacts), it was moved and seconded (Doylen-Dekker) that variance from the required 25-foot setback be granted for the construction of a non-commercial greenhouse, and it passed unanimously. Retiring Chairman Habecker thanked the Board for their efforts and support during his term as Chairman of the Board of Adjustment. The members commended Habecker for his leadership and expertise as Chairman of this Board. There being no further business, Chairman Habecker adjourned the meeting at 10:05 a.m. 1-1.c~ K JU Tina Kuehl, Deputy Town Clerk ....FORD'JILISHING.0 RECORD OF PROCEEDINGS Special Events Committee March 24, 1994 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: Chairman Hix, Trustee Habecker Also Attending: Town Administrator Klaphake, Special Events Director Scott, Clerk O'Connor Absent: Trustee Gillette Chairman Hix called the meeting to order at 8:31 A.M. AGREEMENTS. Rooftop Rodeo Entertainment. The Committee reviewed a standard agreement with the Darn Thirsty Cowboys to perform at the Rodeo Dirt Dance, July 12 and Rodeo Dances July 15 and 16 for a fee of $2,200.00. Director Scott has booked Sweethearts of the Rodeo for the Rodeo Concert scheduled July 9 for a fee of $8,500.00, plus the Agent fee of $850.00. Two items must be deleted from the Contract and staff will discuss same with the Town Attorney prior to Town Board approval. Evidence of workers compensation has not yet been furnished. Horse Show Agreement. The Committee also reviewed a standard horse show agreement with the Colorado Quarter Horse Show, June 15-19. The Committee recommends approval of all three Agreements, subject to Town Attorney approval of the proposed changes for the Rodeo Concert Agreement. ~UDE PERMITS. Museum#jcestor Kilsdonk presented the Duck Race Parade Permil sponsored bi-*, Museum which is scheduled May 7. Entriâ‚¬104# consist of march240~~ts, automobiles and possibly0~*ie~Â· Chamber Director BoscheIJBh4nted the Hipnli+/f~-DO-'oP Parade sponsored by the Chamber of Coabf~_5QheE]Led May 21. A $10.00 entry fee will be assessed, prizedâ€ž0/~ag, and all entries will be marching drill teams. Dires@-f-Boschen-*42.sed that the Town' s insurance was used for -liM--Bed Race held fl~Kebruary, and she requested the Town -a#Er this parade. Adminrhf~tor Klaphake reported that it.~|6~Town is excessive on this type -Bheverage, rates will J.efease, and he suggested the Chamber pr-.4t_ a Certifical/05f Insurance. Discussion followed on risk managemer!~ with Â£01.â€¢lommittee recommending approval of both parade permits, wiVEhe Chamber to supply a Certificate of Insurance for the their lirade. AGREEMENT THIS AGREEMENT, made and entered this day of 1994, by and between the TOWN OF ESTES PARK, COLORADO, A Municipal Corporation, hereinafter referred to as "Town" and JERRY SHAFFER, d/b/a DARN THIRSTY COWBOYS, hereinafter referred to as "ARTIST" . WITNESSTH WHEREAS, the Town wishes to hire Artist to perform during the Town's Rooftop Rodeo, according to the terms and provisions 0Â£ this Agreement: NOW, THEREFORE, in consideration of the covenants and conditions contained herein and other good and valuable consideration, the parties hereto agree as follows: 1. Artist shall perform for the Town during the Town's Rooftop Rodeo as follows: A. The Artist shall perform at the Rooftop Rodeo Dirt Dance at the grandstand arena on July 12, 1994, beginning at 7:30 P.8. B. Artist shall perform at the Rooftop Rodeo Dances at the Estes Recreation Center, in Estes Park, Colorado on July 15, 1994 and July 16, 1994, from 10:00 p.m. to 1:30 a.m. C. The Artist shall open for the Country Western Concert in tl'ie grandstand arena on July 9, 1994 at 7:30 p.m. 2. As compensation for the above performances, the Town shall pay the Artist the sum of Two Thousand, Two Hundred Dollars ($2,200.00). Said payment shall be made to the Artist on July 16, 1994 following the Artist's last performance by Town check. 3. Artist shall provide all of the equipment, including sound and lighting equipment, and personnel necessary for Artist's performance. The Town shall provide stage and electricity for the performances. 4. It is agreed that Artist executes this contract as an independent contractor and not as an employee of the Town of Estes Park. Artist shall have the exclusive control over the means and methods employed by Artist in fulfilling his obligations hereunder. 5. Artist shall maintain and provide worker's compensation insurance on Artist and all of Artist's employees and personnel. 6. This Agreement is a personal service agreement and may not be assigned by Artist without the express written consent of the Town of Estes Park. 7. This Agreement represents the entire Agreement +by the parties and may not be amended except in writing, executed by the parties hereto. Dated this day of , 1994. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk W \ ~QE~~f~â‚¬~affe~ ~/b/a Darn Thirsty Cowboys P. 0. Box D Drake, CO 80515 Social Security #304-56-7718 Federal ID # AGREEMENT THIS AGREEMENT is made this day of April, 1994 by and between SWEETHEARTS OF THE RODEO and the TOWN OF ESTES PARK. The rider to the contract dated March 2, 1994 between Sweethearts of the Rodeo, hereinafter referred to as "Artist" and the Town of Estes Park, hereinafter referred to as "Purchaser" is hereby amended as follows: 1. In all of the terms and conditions of the rider, Sweethearts of the Rodeo shall be referred to as the Artist and the Town of Estes Park shall be referred to as Purchaser. 2. Paragraph X shall read as follows: "X. FOOD, BEVERAGE, HOSPITALITY PURCHASER TO PROVIDE THE FOLLOWING HOSPITALITY: One (1) case assorted Coke and Diet Coke, Twelve (12) bottles of Perrier water, (or equivalent) 10 oz., two (2) gallon non-carbonated spring water and one (1) pot of hot coffee. ARTIST requests One (1) deli tray to feed twelve (12) consisting of fresh meats and cheeses, one (1) vegetable and fruit tray. (TO be kept refrigerated till after the performance) Also, fresh bread, crackers, mayonnaise, mustard, cream, sugar, plates, napkins, table ware cups (for hot and cold drinks.) Twelve (12) hot meals for band and crew are to be provided by PURCHASER. If catered, please include: Three (3) meals with five (5) vegetables each plus nine (9) other meals which do not need to be vegetarian meals but do not include red meat." 3. Paragraph XV shall be deleted in its entirety. 4. Add a Paragraph XVI. Artist shall provide statutory workers compensation coverage for all employees of Artist for the purposes of this Agreement. SWEETHEARTS OF THE RODEO TOWN OF ESTES PARK Randy Merrill Bob Scott Revised: September 8, 1993 SWEETHEARTS OF THE RODEO Rider to contract dated 03/0? , 19 94 by and between SWEETHEARTS OF THE RODEO, hereinafter referred to as "EMPLOYEE", and ERfes Park , herein- after referred to as "EMPLOYER". for engagement at (Venue) Roof top Fair & Rodeo in (City/State) Fatpc PArlr rn , on (Date) 07/09/94 I BILLING EMPLOYEE shall receive EQUAL BILLING in all advertising and publicity, includ- ing but not limited to, air time, newspaper and trade ads, fliers, posters, marquees, etc. II ADVERTISING A. EMPLOYER shall only use photographs supplied by EMPLOYEE. B. There shall be no signs, placards, banners, or any advertising material on or within fifty feet (50') of the stage, nor shall the name "SWEETHEARTS OF THE RODEO" be used or associated directly or indirectly with any product or service without EMPLOYEE'S written consent. C. There shall be no radio station or any other party presenting, promoting, co-promoting, or sponsoring above engagement without EMPLOYEE'S written permission. III APPROVAL OF OrHER ACTS WHEN SWEETHEARTS OF THE RODEO ARE IIEADLINING A. EMPLOYEE shall have the right to approve any acts when other acts are on the program. EMPLOYEE shall close the show, unless otherwise agreed upon in the Contract. B. EMPLOYER agrees that EMPLOYEE'S staging and equipment set-up overrides opening act(s)' staging and equipment set-up. C. EMPLOYEE shall have the right to approve the length of the performance of other act(s) on the program. D. EMPLOYER shall inform EMPLOYEE of any special effects to be employed by support acts on the program and EMPLOYEE shall have final approval or disapproval of their use. E. It is hereby requested that a representative from opening act(s) meet with EMPLOYEE or their representative at stage call. IV SOUVENIRS AND CONCESSIONS SWEETHEARTS OF THE RODEO reserves the right to sell souvenirs, books, photo- graphs, record albums and tapes, t-shirts, and other show-related souvenirs. No SWEETHEARTS OF THE RODEO material of any kind using their name and/or like- ness may be sold by anyone else. There shall be NO CHARGE ON CONCESSIONS unless agreed to in writing prior to the show. V SOUND AND LIGHTING AND TECHNICIANS A. EMPLOYER agrees to supply at his own expense, the sound and lighting and experienced technicians. B. EMPLOYER shall supply the following: One (1) spotlight, preferably supertrooper, and One (1) fully qualified and experienced spotlight operator. C. Spotlight operators shall meet with EMPLOYEE or their representative not later than one-half ( 1/2) hour 0rior to showtime. VI STAGING RmUIREMENTS: NOT REQUIRED AT THIS TIME VII STAGE CALL, SEr-UP, AND SOUNDCHECK A. EMPLOYER agrees to a mandatory soundcheck to be completed prior to the opening of venue doors and admission of ticket holders. B. Stage Call shall be set for not less than five (5) hours prior to the opening of venue doors and admission of ticket holders. SWEETHEARTS OF THE RODEO , PAGE 2 C. EMPLOYER or his representative must be present from the time of stage call until load-out has been completed. D. All equipment and instruments to be supplied by EMPLOYER (on "fly dates" only) must be at stage area at stage call. E. EMPLOYER shall supply two (2) stagehands from stage call until load-out is completed. , F. EMPLOYEE will have access to stage for soundcheck rehearsal not less than two (2) hours prior to the opening of the house. G. EMPLOYER agrees to keep the place of performance clear of all people not directly involved in show's production. H. For outdoor events please have plastic tarps on hand to cover entire stage in the event of rain. (Even if stage is covered by roof or canopy) VIII SECURITY A. EMPLOYER shall guarantee adequate security at all times to insure the safety of EMPLOYEE'S personnel, instruments, personal property, vehicles, etc. from stage call until completion of load-out. B. Security personnel will secure backstage entrances and area. IX DRESSING ROOMS EMPLOYER-shall-provide-two-separate,-clean-dressing-rooms_for EMPLOYEE_and band to be available for occupancy at stage call and to contain chairs, ashtrays, and trash cans. If the site of the venue makes the provision of said dressing rooms impossible, EMPLOYER shall insure that EMPLOYEE'S bus can be parked in a very close proximity to the stage. Fifteen (15) hand towels are to be provided by EMPLOYER (NO LINEN) for ARTIST use on stage, NO EXCEPTIONS. X FOOD, BEVERAGE, HOSPITALITY EMPLOYER TO PROVIDE THE FOLLOWING HOSPITALITY: One (1) bottle of good Cabernet Sauvignon, one (1) bottle of good white wine, one (1) case assorted Coke and Diet Coke, Twelve (12) bottles of Perrier water, (or equivalent) 10 oz., two (2) gallon non-carbonated spring water, One (1) case Michelob Dry or Miller Draft beer (bottles, if possible) One (1) pot of hot coffee. EMPLOYEE requests One (1) deli tray to feed twelve (12) consisting of fresh meats and cheeses one (1) vegetable and fruit tray. (To be kept refrigerated till after the performance) Also, fresh bread, crackers, mayonnaise, mustard, cream, sugar, plates, napkins, table ware cups (for hot and cold drinks. ) Twelve (12) hot meals for band and crew are to be provided by EMPLOYER. If catered, please include: Three (3) meals with five (5) vegetables each plus nine (9) other meals which do not need to be vegetarian meals but do not include red meat. XI PERSONAL APPEARANCES, INTERVIEWS, BROADCASTING, VIDEO TAPING, ETC. A. EMPLOYER agrees not to commit EMPLOYEE to any personal appearances, interviews, or other such promotion without prior written consent of EMPLOYEE. B. EMPLOYER shall not permit the recording, broadcasting, filming, or video taping of any performance without prior written consent of EMPLOYEE. Such requests for the above should be referred C.M. Flood, Jr., P.O. Box 121885, Nashville, TN 37212-1885, (615) 329-9902, FAX (615) 321-5074. XII TICKETS, TICKET COUNT, ErC. A. The specific capacity, gross potential, and ticket price breakdown of the facility where EMPLOYEE is to perform shall be clearly printed on the face of the Contract. B. It is hereby agreed that if there is any increase from the stated ticket price as is printed on the face of the Contract to the ticket price actually charged, EMPLOYEE will receive one hundred percent (100%) of any additional income generated by the increase in ticket price. SWEETHEARTS OF THE RODEO PAGE 3 C. All tickets shall be printed by a bonded ticket house, or if the performance is at a college or university, by the official printing de- partment of that college or university. EMPLOYER agrees not to discount tickets at a premium without written permission of EMPLOYEE. D. EMPLOYER shall not distribute more than two percent (2%) of the official house seating as complimentary tickets for any performance of this engagement. EMPLOYER shall supply EMPLOYEE'S representative a statement detailing to whom each complimentary ticket is given. This allotment should be used for radio and press representatives. Any unused compli- mentary tickets, if any, may be placed on sale with permission of the EMPLOYEE. E. When the EMPLOYEE is headliner, twenty-five (25) tickets will be held for EMPLOYEE'S guests until one (1) hour prior to showtime or until released by EMPLOYEE or their representative. Seating for EMPLOYEE'S guests shall be located in the center of the house, between the 10th and 20th rows. F. A detailed box office statement is required and shall be presented to EMPLOYEE'S representative on the date of the performance. In situations where EMPLOYEE'S compensation does not include a percentage participation, a box office statement will nevertheless be required. XIII LEGAL WARRANTY EMPLOYER warrants that he has the right to enter into this contract and is of legal age. The validity, construction, and effect of this contract shall be governed by the Laws of Davidson County, Tennessee, U.S.A. XIV CONTRACT ALTERATION It is hereby understood and agreed that EMPLOYER shall not add to, delete from, or make any alterations in the Contract or Rider without prior communication, agreement, and consent from Bobby Cudd at Monterey Artists. Inc., 901 18th Avenue South, Nashville. TN 37212. (615) 321-4444. FAX (615) 321-2446. 104 PREEMPTION EMPLOYER shall advise Bobby Cudd at Monterey Artists, Inc., 901 18th Avenue South, Nashville, TN 37212, (615) 321-4444. FAX (615) 321-2446 upon signing Contract if unable to comply with any of the conditions or requirements set forth in Rider. Thereafter, upon EMPLOYEE'S arrival, if any of the terms and requirements shall not have been complied with by EMPLOYER, the EMPLOYEE shall have the right to refuse to perform and shall be entitled to full compensation under this agreement. EMPLOYER IS RESPONSIBLE FOR FULL PAYMENT TO EMPLOYEE IN THE EVENT OF RAIN. EMPLOYEE shall have the right to cancel this engagement without liability upon written notice to EMPLOYER not later than thirty (30) days prior to the date of the engagement hereunder, in the event that there has been secured for EMPLOYEE a commitment for a motion picture, a series of television programs, a television "special", a "Nevada-type" engagement, a "location" engagement, or a legitimate stage production which would interfere or conflict with the engagement. AGREED AND ACCEPTED: AGREED AND ACCEPTED: EMPLOYER EMPLOYEE REPRESENTATIVE BRADFORD/UILISHINGCOÂ· RECORD OF PROCEEDINGS - Public Works Committee March 24, 1994 Committee: Chairman Habecker, Trustees Doylen and Gillette Attending: Chairman Habecker, Trustee Doylen Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Clerk O'Connor Absent: Trustee Gillette Chairman Habecker called the meeting to order at 10:05 A.M. A.A. COLONY ADDITION. WATER LINE EASEMENT - VACATION REQUEST FOR LOT 30. FORT MORGAN ~ An existing 4" water line runs through and across Lot 30, in Fort Morgan Colony Addition. The owner would like to relocate the line to facilitate construction of a dwelling. The owner has, in writing, agreed to pay reasonable attorney fees to prepare a vacation ordinance and to prepare construction plans. The relocation will not require any street disturbance. Staff does not object to the relocation; however, it was suggested a 6" water line be installed for future looping capabilities when the 4" line is abandoned. The Committee recommends approval of the request to vacate the existing water line easement, with installation of a 6" water line as identified by staff. ,-SLWEST - REOUEST INSTALLATION OF EOUIPMENT ON TOWN PROPERTY. U. S. West-RD-~auested approval to install an equipmeni-Mibinet on Lot 16, Carriag~Hbils, 8th Filing (Crystal Wat.**Ffint site) . The walk-in cabinet is 5'I-Al,ah, 6' wide and-e0-IGng and it will allow U. S. West to provide p~l'*a_ te~â€¢0Ene lines in the area. The Committee reviewed a sketch ofa..6.til the.installation would occur approximately 215' n-og#/1-6F-Ehe souâ‚¬Rl*kcorner of Lot 16, adjacent to the north.JuiRT of an existing gralle-driveway. As expansion of pr-jibl/Giephone lines is in the best inh~ast of the Town, thq~.0/embittee recommends approval of thee"4,ament instal)/â‚¬!Bn on Town property, with access to be gained vithili'Fl<6,- u,*frty easement. -0 TRASH COLLECTION SERVICES - APPROVAL OF CONTRACT. A-1 Trash Company has been providing collection services since January, 1991. Their annual contract of $13,575.60 has been in effect since January, 1992, and they have requested a 5% increase and new two-year contract. The increase can be attributed to landfill costs, transportation expense, insurance and general operational inflation. The new contract, in the amount of $14,254.38, would be from April 1, 1994 through December 31, 1995. Based upon the comparative increases with other service contractors and A-1's high level of quality, staff urged approval of the request. Director Linnane noted that pursuant to TABOR, this contract will be formally renewed by the Board of Trustees on an annual basis. The Committee recommends approval of the request as stated. SENIOR CENTER SEWER LINE - REOUEST AUTHORIZATION_m_EXEEND-fILHRUÂ· As sanitary facilities for the Sanita -e _n need of replacement, funding foF_khâ€¢-1-'e'~MS;ra-a new sanitary sewer line was budgmiad+~0,=1597-.---The existing leach field has now failed .~00-ef-~FE~nted a estimate of $8,990 for the project. The ORDINANCE NO. AN ORDINANCE VACATING AN EXISTING WATER MAIN AND EASEMENT ACROSS LOT 30, FORT MORGAN COLONY ADDITION WHEREAS, the Board of Directors of the Town of Estes Park, Colorado, has determined that it is in the best interest of the Town to permanently abandon and cease to maintain, operate, control, and use the existing water main and easement over the following described property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Board of Trustees of the Town of Estes Park, Colorado hereby vacates the following described easement: A fifteen foot (15') water line easement across Lot 30, FORT MORGAN COLONY ADDITION, more particulary described as follows: Commencing at a point from whence the Northeast corner of Lot 30, FORT MORGAN COLONY ADDITION, to the Town of Estes Park, Larimer County, Colorado, bears North 08Â°14' East 42.0 feet; thence South 69Â°25' West 129.0 feet more or less to the Westerly boundary of said Lot 30. Said point being South 02Â°27' West 90.0 feet more or less of the Northwest corner of Lot 30. Section 2. The Town hereby surrenders any and all right, title and interest to said easement. Section 3. The adoption of this Ordinance is hereby declared to be an emergency in order for the immediate vacation of the easement, 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, adoption and signature by the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS . . ,_ DAY OF , 1994. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Cterk TRASH COLLECTION SERVICES THIS AGREEMENT, made and entered into this 1st day of April, 1994, by and between the TOWN OFESTES PARK, COLORADO, a Colorado municipal corporation, hereinafter called "Town", and A-1 Trash Service, a partnership, hereinafter called "A-1% WITNESSETH: For and in consideration of the mutual promises and covenants hereinafter set forth, it is agreed as follows: 1. A-1 Trash Service shall provide daily, periodic and as-needed trash collection services, all as set forth in the Specifications Pages 1-3 attached hereto and incorporated herein by this reference. 2. The area to be provided with said trash service by A-1 shall be ninety-one (91) Town- owned litter receptacles (26 gallon) at various locations, and the pole receptacles (13 gallon) and the Municipal Building dumpster (contractor supplied). 3. A-1 agrees to furnish all labor and equipment necessary to perform the work in accordance with the Specifications. 4. Town will furnish all plastic bags necessary to perform the trash collection services. 5. It is mutually understood and agreed that the work to be performed will be performed on a seven (7) day per week basis in the summer months (May 1 to October 31) and three (3) days per week during the winter months. Dumpster pickups will be made on Mondays, Wednesdays, and Fridays. 6. Town shall pay to A-1 for performing the above trash collection services the sum of Fourteen Thousand Two Hundred Fifty-Four Dollars and Thirty-Eight Cents ($14,254.38) per year, or One Thousand One Hundred Eighty-Seven Dollars and Eighty- Seven Cents ($1,187.87) per month, confirmed by Purchase Order #1895. 7. This agreement shall be for a term of One (1) year from the date hereof, unless terminated by either party. This agreement may be terminated by either party at any time by giving the other party thirty (30) days prior written notice of the date of termination. 8. It is the intent of this agreement that A-1 is an independent contractor and not an employee of the Town of Estes Park. A-1 shall pay all taxes required for its work such as, but not limited to, sales and use tax, unemployment tax, F.I.C.A., and Federal and State withholding taxes, and a local business license. Agreement - 1994 Town of Estes Park/A-1 Trash Service 2 pages 9. A-1 shall provide insurance in accordance with the General Conditions of the Specifications Item #6. 10. This agreement may not be assigned by A-1 without prior written consent to the Town. 11. That all covenants and agreements herein contained shall be binding upon the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. TOWN OF ESTES PARK, COLORADO BY - - - Mayor ATTEST: Town Clerk A-1 TRASH SERVICE /1 ke,L. V Agreement - 1994 Town of Estes Park/A-1 Trash Service ' 2 pages ORDINANCE'NO. AN ORDINANCE AMENDING SECTION 17.36.020, THE SAME PERTAINING TO THE ESTES PARK URBAN RENEWAL AUTHORITY REVIEW PROCESS WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to amend Section 17.36.020 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. 1. Section 1. Section 17.36.020 of the Municipal Code is hereby amended to read as follows: 17.36.020 Estes Park Downtown Redevelopment Program Review Process. A. Purpose: The purpose of this Section ls as follows: 1. To establish the procedure and criteria for review of certain developments located within the Estes Park Urban Renewal Area as said area is set forth in the Estes Park Downtown Redevelopment Program adopted May 24, 1983. 2. To set forth adequate review procedures and criteria to determine that development in said area is in accordance with the provisions of the Estes Park Downtown Redevelopment Program with respect to the land area, land use, design, building requirements, timing and procedure as the same is more fully set forth in said plan. 3. To encourage the planning of certain developments consistent with the goals and obligations of the Estes Park Downtown Redevelopment Program. 4. To further the public health, safety and general welfare as the same specifically relates to the town and the property within the Estes Park Downtown Redevelopment Program. I . B. Applicability. The provisions of this section shall apply to all development of property that meets the following criteria: 1. Said property is located within the geographical area of the Estes Park Urban Renewal Area as the same is set forth in the Estes Park -Downtown Redevelopment Program adopted May 24, 1983, and all amendments thereto; and 2. The development of the property is subject to concept p].an review, development plan review and/or special review pursuant to the provisions of Title 17 of the Municipal Code; and 3. The property or development of said property_ meets_the_following criter.ia: A. The property is designated in the acquisition plan r (Figure 6) and/or in the redevelopment projects (Figure 8) intended for land agree- ments, acquisition, redevelop- me nt (Projects 1-7), or public/private development (Projects A-G) as set forth in the Urban Renewal Plan. B. All property in which the existing structure is renova- ted, rehabilitated or enlarged at a cost that is equal to or greater than fifty percent of the actual value of the pro- perty as determined by the assessed valuation. C. All development of ten thousand square feet or more of floor area in any improve- ment. D. All vacant parcels or lots. The Estes Park Planning Commission if applicable, shall conduct the review pursuant to the provisions of the development plan, concept plan and/or special review as more fully set forth in Title 17 of the Municipal Code. For purpose of this section, said review shall be limited to whether or not the proposed -2- development conforms to the applicable provisions of the Estes Park Downtown Redevelopment Program adopted May 24, 1983 and all amendments thereto. C. Previous Approvals. Any property which received approval for development by the Estes Park Urban Renewal Authority shall remain subject to the terms and conditions of said approval. A request to amend or modify said approval shall be made by application to the Planning Commission. The Planning Commission shall review the application to determine whether the requested action conforms to the applicable provisions of the Estes Park Downtown Redevelopment Program and the original approval of the development. The Planning Commission may deny the application or grant the application with or without conditions. The applicant may appeal any denial or approval with conditions to the Board of Trustees. Upon appeal, the Board of Trustees shall review the Planning Commission's decision and may uphold the same or reverse the decision with or without conditions. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after it adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF MARCH, 1994. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of March, 1994 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of March, 1994. Town Clerk -3- FI~ j 1 I .Bil--I--. 7 &-I---I .&=.----.i- . --*--.I-/ I ---lf-U * W-I--I I --*.*Ill' V l-~---I-g .1-j---W ,-' Ottice o~ the .Alagor ITj Estes Nark, Â¢oloraho + Â£11 E E ..r= PA*'DiÂ¢U ElÂ¥/CW Ex.21*41 7 1 (irc> (,461 ..t,) AWARD (liumm:%2311,iw3,&. [-1 -54. ~ t i [11] Re,ented to F i â‚¬.t) GEORGE J. HIX <I r THIS CERTIFICATE IS PRESENTED TO GEORGE HIX BY MAYOR H. B. DANNELS AND THE j.] BOARD oF TRUSTEES IN RECOGNITION OF THE FOLLOWING YEARS OF COMMUNITY SERVICE: BOARD OF TRUSTEES MAYOR PRO TEM/MEMBER 1982-1994 * l... ADMINISTRATIVE CHAIRMAN/MEMBER 1984-1994 .:rt) ADVERTISING/PUBLIC RELATIONS MEMBER 1984-1988 COMMUNITY DEVELOPMENT MEMBER 1990-1994 .fi: LIGHT AND POWER CHAIRMAN/MEMBER 1988-1994 PLANNING COMMISSION MEMBER 1982-1994 1 1 , PUBLIC SAFETY CHAIRMAN/MEMBER 1992-1994 L..3 (rt) PUBLIC WORKS/WATER CHAIRMAN/MEMBER 1984-1986 ROOFTOP RODEO COMM. LIAISON MEMBER 1990-1994 SIX CITY WATER/WINDY GAP MEMBER 1984/1986 <31, SPECIAL EvENTS CHAIRMAN/MEMBER 1986-1994 {.try> r.r , YOU HAVE SERVED WITH DEDICATION AND DISTINCTION. YOUR LEADERSHIP AND ~ ~ ~ ~ < ~ ENTHUSIASM ARE COMMENDABLE. ON BEHALF OF THE TOWN OF ESTES PARK, "THANK You" FOR *> THE TREMENDOUS SERVICE YOU HAVE OFFERED. ,- ' Un wlinal WAE,Eof ff flaLÂ·E A.Eunto ict ,}19 Aan,1 lij an,{ cauiJ dzÂ£ leaf <# 68 eity te & affixed. ~~~~~~ {r" Lil Oway.1 lt] (*> Dat. 1,1 Ill T ----_--1 i ~ COPYRIGHT 1977 - MODERN PRINTING CO., B'HAM., AL. 41 11] Ogice 4 the Atagor 11) 4~ Eatek, illark. Gloloraho [fl 43 -- ------ Ii? fiDâ‚¬N01@*+29/A'*te aldif#lditi ':Arkfil t] AWARD Aejented to 11 df- DAVID HABECKER 4 lj THIS CERTIFICATE IS PRESENTED TO DAVID HABECKER BY MAYOR H.B. DANNELS AND THE BOARD oF TRUSTEES IN RECOGNITION OF THE FOLLOWING YEARS OF COMMUNITY .32, 1 SERVICE: < BOARD OF TRUSTEES MEMBER 1986-1994 ADMINISTRATIVE MEMBER 1990-1994 BOARD oF ADJUSTMENT CHAIRMAN/MEMBER 1986-1994 i~ CODE AND SANITATION CHAIRMAN/MEMBER 1986-1990 L/1 [4) LIGHT AND pOWER MEMBER 1986-1994 PUBLIC SAFETY MEMBER 1986-1994 PUBLIC WORKS CHAIRMAN/MEMBER 1988-1994 SPECIAL EvENTS MEMBER 1992-1994 (12) , STANLEY PARK MEMBER 1986-1992 ill YOU HAVE SERVED WITH DEDICATION AND DISTINCTION. YOUR LEADERSHIP AND <~~~ ENTHUSIASM ARE COMMENDABLE. ON BEHALF OF THE TOWN OF ESTES PARK, "THANK YOU" < ~ FOR THE TREMENDOUS SERVICE YOU HAVE OFFERED. {+1} 542 trangli (i,REtâ‚¬of .0 RaiÂ·Â£ ~EtÂ£unto 3.t my Rand Iâ€ž-J <1 2.> J --- Ij] and Cdlil/ d A lEal Â°T ibl& city to k ufflocaLL 'tÂ·r, 1] 41 0,1103,1, {*> 4,1 bah Ij -Â¥r. LEZYE234* tirivtÂ· .<37Â·Â·he:?bor'-1!N~ 1 - Y Â© COPYRIGHT 1977 - MODERN PRINTI NG CO., B' H AM., AL. *fff#UP - 5-94 COMMITTEE MEETING SCHEDULE 4 Administrative Committee: Fourth Monday of January, March, May, July, September, November, 8:00 a.m. Board of Adjustment Committee: First Tuesday when there is a need, 8:00 a.m. Community Development Committee: First Thursday of each month, 8:00 a.m. EPURA Board: First and Third Wednesday of each month, 8:00 a.m. Joint Town/EPURA Meeting: Second Wednesday of each month, Room 203, 8:00 a.m. Light & Power Committee: Second Thursday of each month, 8:00 a.m. Planning Commission: Third Tuesday of each month. Study Session - Noon, Room 203. Meeting, 1:30 p.m. Public Safety Committee: Third Thursday of each month, 8:00 a.m. Public Works Committee: Fourth Thursday of each month, 9:30 a.m. Special Events Committee: Fourth Thursday of each month, 8:00 a.m. Town Board: Second and Fourth Tuesday of each month, 7:30 p.m. ALL MEETINGS IN ROOM 103, UNLESS NOTED OTHERWISE e COMMITTEE ASSIGNMENT TOWN BOARD MEETING April 12, 1994 Board of Trustees: Mayor Dannels Trustees Robert L. Dekker, Stephen W. Gillette, Susan L. Doylen, William J. Marshall, Michael E. Miller and J. Donald Pauley Mayor ProTem and Intergovernmental Agreements Liaison - Bob Dekker COMMUNITY DEVELOPMENT MISCELLANEOUS DOYLEN, Sue/Chairman Museum Liaison DEKKER, Bob PAULEY, Don CACEP Liaison LIGHT & POWER DEKKER, Bob/Chairman PAULEY, Don MILLER, Mike PUBLIC SAFETY GILLETTE, Stephen/Chairman DEKKER, Bob MARSHALL, Bill PUBLIC WORKS GILLETTE, Stephen/Chairman DOYLEN, Sue MILLER, Mike 1 r SPECIAL EVENTS MISCELLANEOUS DOYLEN, Sue/Chairman Rooftop Rodeo Committee Liaison GILLETTE, Stephen MARSHALL, Bill ADMINISTRATION Gary F. Klaphake, Town Administrator Vickie O'Connor, Town Clerk Monte L. Vavra, Town Treasurer/Town Clerk ProTem Gregory A. White, Town Attorney David J. Racine, Police Chief Tina Kuehl, Deputy Town Clerk Gary R. Brown, Municipal Judge John W. Easley, Jr., Assistant Municipal Judge PLANNING COMMISSION DEKKER, Bob, 2-Year Appointment - Town Board Liaison BROWN, Mark, 6-Yr. Appointment HIX, Alma, " COOPER, Gary, " THOMAS, Dave, " ESTES PARK URBAN RENEWAL AUTHORITY HIX, George J., completing 5-Yr. Appointment vacated by J. Donald Pauley, term expires September 14, 1994. BOARD OF ADJUSTMENT DOYLEN, Sue/Chairman, 4-Yr. Term GILLETTE, Stephen, " NEWSOM, Wayne, 2 LARIMER COUNTY EMERGENCY MANAGEMENT PLANNING ADVISORY BOARD FILSINGER, Gregg FIREMEN'S PENSION BOARD DANNELS, Bernie, Mayor VAVRA, Monte, Treas. O'CONNOR, Vickie, Sec. RUMLEY, Jack, Pres. FORD, Eddie, 1st Ass't. Chief POLICEMEN'S PENSION BOARD DANNELS, Bernie, Mayor VAVRA, Monte, Treas. O'CONNOR, Vickie, Sec. RACINE, Dave, Police Chief NORTH FRONT RANGE WATER OUALITY PLANNING ASSN. LINNANE, Bill GOEHRING, Bob/Alternate WINDY GAP LINNANE, Bill 3 44,5 TOWN OF ESTES PARK Town Administrator Gary F. Klaphake 9-7 'PtÂ®Nr -1-NZAK1. >17 - . - 7iz'9444.% >*332 -99% /0. r 51/ ''44 . -s r : N.774. / eth#*f '4- 4 .r. Estes Park, Colorado 80517 X April 6, 1994 TO: Honorable Mayor Dannels Board of Trustees FROM: Gary Klaphake ~. 15 Town Administrator RE: POLICE PERSONNEL (EXECUTIVE SESSION) As previously reported, we have been experiencing internal unrest in the Police Department. For the new Board members, personnel matters are first handled by the Department Head, then the Town Administrator. The Town Board must remain removed from front line decisions because they sit as appeal of the Town Administrator's decisions. At the Tuesday, April 12th Town Board meeting, in Executive Session, I want to discuss the general scope of the police department problem and possible solutions. Also in attendance, at my request, will be Dr. Jack Digliani. I have hired him to assist us in approaching the problem. Dr. Digliani is the City of Fort Collins staff psychologist/consultant and former police officer. My goal is to share with you our general description of the problem and our course of action we will take to solve the problem. It will not be appropriate to get into details. This subject is confidential. I have enclosed a recent article from Colorado Business Magazine that is good food for thought. P. O. Box 1200 Telephone (303) 586-5331 1 1. Finding the Time to Be a Good Manager In part, it means letting others do what you could do ofus somehow begin toact justatick more easily. But if you're successful, your business smarter, sort ofjoining in with the gen- eral expectation that we will be the ones will be stronger. Your people will flourish. And you'll to save the day. Next time your group be a better person. meets, try this when someone other than the head honcho says something like, "I've got an idea - let's...." ~~ few years ago, when I was ably will wonder one day why his son Watch to see if everyone assembled, in- based in Boston, I traveled never developed confidence to match cluding the speaker, immediately looks just about every week. I his. More importantly, when his son be- at the head honcho, as if silently_asking would leave on Monday comes aman, that father may wonder permission to continue. When this morning and return Friday afternoon. why their relationship isn't what he had doesn't happen, you'll know you're a As the publisher of a good-sized trade hoped for. real manager because your people trust magazine, I was very much an involved The same principles are at work in themselves. manager. During some weeks, I'd do mentoring roles in the business world. And more will get done than if you between 6,000 and 8,000 miles. I felt If the sales manager makes all the pre- did it all... and you will have lots of that I had to attend every major presen- sentations, the salespeople finally will time. tation. I made calls with a dozen sales- achieve their goals working for another You can bring out the leadership in people and visited our biggest company. If the president sits at the others if they view themselves as customers with a half-dozen writers. I head of the table and makes all the deci- leaders. This is true of our employees, was good. I knocked 'em dead. sions, he'll remain the only person bosses, spouses - and certainly our But I was never home - and I was making decisions. If only the CFO ex- children. To be worthy of the title of a poor manager. plains the great new numbers at the manager or leader, we must live this A friend of mine told me the other board meetings, odds are that the next role of helping others catch glimpses of day, "I'm working harder than ever and CFO will be brought in from outside. greatness in themselves. we're not making any more money. I The manager who produces even never have time to do the things that I better managers will enjoy the job infi- want to do. I don't know what is going nitely more. Such a manager will have to happen to make things better and I more time to spend doing whatever. don't know how I'll ever get away from Such a manager will be incredibly well 094.1. this business, because no one around liked - and worth a mountain's worth here seems interested in moving up into more money than other managers. 49?/0 -44;12*,1 this job." Trust your people. You've got to :I,17 - :-~43â€ž14. u If you're really good at a job, or if get out of the way. Really. Let them do 4 1.-4 ; I . P,Â£*44 7 you started the company, how do you it their way. Don't be the only one in _ 4 :6. idil get out of the way to train others, or to the group who can have a good idea. - * 23 find your successor? All the management books tell you to 2 \2* Here's the gist of what some suc- create an environment where people t cessful managers told me: can make mistakes L but the real trick 14 Decide you will be a better groom. is to create an atmosphere where k ~ er than doer. When you really get into people will do it better because they it, there is nothing as fun and as chal- can be themselves. Treat people as if lenging as helping someone else grow. they are going to accomplish more than Seeing his 10-year-old struggle with you ever could. If they believe you, 0-Â£2 hammer and nail, the father who grabs they will. Pat Wiesner the tool away and offers to do it prob- When we get to be managers, many President 8 â€¢ COLORADO BUSINESS * APRIL 1994 112]1 IVA AHVW #'/ 4, c w TOWN OF ESTES PARK 17 Gary F. Klaphake 7-_ Town Administrator .M I liB<.0 -8,/Â·_ - /t 1 k. 4% ~.de, 39'' 9 140Â«- Â»-- 4- - --32~23\\ 52'-r-%- : Â£1 -396-3 (f. 1,/ 1 1 //5 . â‚¬2 - _f--i--B 0% .3 % 7/7.1. f. / 1*94'MA74 : , Estes Park, Colorado 80517 >114'elÂ¢%46Â¢ 7 , -01 - \ April 6, 1994 TO: Honorable Mayor Dannels Board of Trustees FROM: Gary Klaphake (/'1Â£- Town Administrator RE: NATIONAL CENTER ELK DESIGNATION/WATCHABLE WILDLIFE (EXECUTIVE SESSION) As previously reported, the Town and Chamber have been conversing on a number of strategic planning issues. More specifically, we are trying to plan a watchable wildlife program that includes promotion of a National Elk Center designation. This would include an interpretive effort of elk habitat, predators, etc. In order to make this a reality, we need to be prepared to seek foundation funds to build a center. I propose that we consider using some of the Stanley Park site land along Highway 36 as a contribution to the effort. Terry Licence and myself will be at the meeting to explain our ideas and answer questions. P. O. Box 1200 Telephone (303) 586-5331 * 1 i 2 95#' 5 TOWN OF ESTES PARK _An.44814,17'A (j'lyÂ£L - 1 h ~ rt ,#549: 0. 4+41Â·*h Al# ' I. '.1-1.. A ..\ /Â«.3..f=**13/lith&*-5,43..&#14*55 . 1. ,Â·.A r "' ' 90,â€¢A Fr 'b. 1 . ,-. r --1/ tr -Â·- - 2/92044Â·5Â¥-33'7~Su - \ 44 ,-3 MEMORANDUM April 7, 1994 TO: Honorable Mayor Dannels Town Board of Trustees Gary Klaphake /7 FROM: Rich Widmer'h Â»L-Â·- Assistant Tow~ Administrator RE: ANNEXATION dF PARK ENTRANCE ESTATES Staff has been meeting with representatives of the Park Entrance Estates Property Owner's Association (PEEPO) since the first of the year regarding possible annexation of the area by the Town. There are 36 lots in Park Entrance Estates, with 1.2 miles of streets, presently gravel. It is also possible Range View and other adjacent land would want to be included in the annexation. PEEPO is very much in favor of annexation, and has taken an unofficial poll of their property owners, which indicates at least 70% of them are in favor of annexation. The remaining properties are covered by out-of-town water agreements that have effectively given up the right to oppose annexation. At the present mill levy, Park Entrance Estates would generate about $1,600 per year in property taxes for the town. Attached is a proposed Memorandum of Understanding between the Town and PEEPO for the annexation. (303) 586-5331 â€¢ RO. BOX 1200 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-281 6 ADMI NISTRATION â€¢ FAX (303) 586-6909 OTH ER I ., % ,4 Town of Estes Park Estes Park, Colorado 80517 Annexation of Park Entrance Estates -2- April 7, 1994 As usual, the main issue is the condition of the roads and who would pay to bring them up to Town standards. After much thought and discussion, and a recognition of the possibility of adjacent areas also wanting to annex, staff proposes the following compromise with regard to the streets. After annexation, maintenance of the existing streets would continue to be performed by the property owners as is currently done. The Town would not plow snow nor perform any other maintenance on these streets until they are paved to Town standards. Paving would be at the option of the property owners, through formation of a Special Improvement District (SID). If an SID is formed pursuant to state law through the Town Board, the town would agree to manage the construction of the streets, and would also agree to pay one-half of the asphalt portion of the paving costs. This would amount to approximately $40,000-at-today' s-costs.--Staff believes_this_is_a_reasonable approach which recognizes the past contributions of the residents to our local revenue via sales tax, and supports further annexations, while at the same time protecting the long-term financial health of the Town. The Memorandum of Understanding also obligates the Town to install one street light at the intersection of Heinz Parkway and High Drive. The area is partially served by Town water via private water distribution. The agreement specifies that the Town would not accept the water lines for ownership and maintenance until they are constructed to Town standards, also via SID. The other issue the Town Board needs to decide is who pays for the surveying and legal costs of the annexation. Since the Town paid for those costs for Carriage Hills 6th and 7th Filings, it would seem logical for the Town to agree to pay these costs for Park Entrance Estates. PEEPO has indicated they wish to proceed with the annexation as rapidly as possible, so the SID could be considered at the November 1994 election. Staff recommends approval of the Memorandum of Understanding and authorization to incur legal and engineering expenses for the annexation. MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING dated this day o f May, 1994, by and between the TOWN OF ESTES PARK, hereinafter referred to as the ("Town") and the Park Entrance Estates Property Owners Association, a Colorado non-profit corporation, hereinafter referred to as the ("Association"), and the Park Entrance Mutual Pipeline and Water Company, a Colorado corporation, hereinafter referred to as the ("Mutual Water Company"). WHEREAS, the Town of Estes Park has had certain discussions with the residents of Park Entrance Estates Subdivision, hereinafter referred to as the ("Property") with regard to the annexation of the Property to the Town of Estes Park; and WHEREAS, the Association is a legal entity which represents certain interests of the residents of the Property; and WHEREAS, the Mutual Water Company is a legal entity which also represents certain interests of the residents of the property; and WHEREAS, the parties desire to set forth the understandings of the parties with regard to the annexation of the Property to the Town. NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS STATED ABOVE, THE PARTIES HEREBY STATE AS FOLLOWS: 1. The Town intends to consider the annexation of the Property in accordance with the terms and conditions of the "Municipal Annexation Act of 1965". The annexation of the Property shall be subject to all of the terms and conditions, including all requirements for petitions, notice and hearing as set forth in the Municipal Annexation Act of 1965. In the event that the Town does receive a petition which conforms with the provisions of said Act and the Town does annex the Property, the parties agree that the following is an understanding of the parties of various items of concern between the parties. A. ZONING: It is anticipated that the Property will be zoned E-Estate, according to the terms and conditions of the Municipal Code of the Town of Estes Park. The parties understand and agree that the Town does not obligate itself in any manner to approve E-Estate Zoning for the Property. B. STREETS: The streets will be dedicated to the Town pursuant to the annexation process. Since the streets are not presently constructed to Town standards, maintenance of the existing streets will continue to be performed by the property owners. After completion of the street paving described below, the Town will assume responsibility for the maintenance of all public streets, including snow removal, asphalt patching, and overlay, and will perform such maintenance in accordance with the regular street maintenance programs of the Town. Subject to the formation of a Special Improvement ' District (SID) by the property owners, the Town will agree to manage the construction and paving of the gravel streets within the annexed area. The Town will also agree to pay one- half of the asphalt portion of the paving costs, subject to the availability of funds for this purpose within the Town's normal budget process. The property owners are responsible for the remaining costs, as determined during the formation of the SID. Formation of the SID is specified by state law, and includes public notice, public hearing provisions, and a vote of the electors of the Town of Estes Park. C. WATER RATES: Upon annexation, the water rate will change from a rural rate to an urban rate, pursuant to the Municipal Code. D. WATER LINES: Maintenance of the existing water system within the annexed area will continue to be performed by the property owners. A new system meeting Town standards shall be constructed by the property owners before the Town would-accept-ownership-and maintenance responsibilities.- This construction could be done via SID at the same time the streets are paved, or at a later date. E. SALES AND USE TAXES: Upon annexation, the Property will be subject to the Town's sales and use taxes. F. POLICE PROTECTION: Upon annexation, the Town will provide police and fire protection as it provides to all other areas within the Town's boundaries. Both parties specifically agree as follows: 2. BUILDING PERMITS AND INSPECTIONS. Any building permit inspection within the Property shall be performed by the Town. The Town agrees to notify the Association, through its designated representative, of any building permit applications. This agreement by the Town is merely for notification of the Association of all building permits. The Town shall not be required to administer, interpret or in any way become involved in any dispute between any building permit applicant and the Association or any residents of the Property with regard to whether or not the structure for which the building permit is applied for is in compliance with any covenants or restrictions which govern the property. Also, the parties agree that the Town shall not be liable to the Association or any other owner or resident located within the Property for failure to notify the Association of any application for a building permit. 3. STREET LIGHTS. Upon annexation, the Town agrees to install one street light at the intersection of Heinz Parkway and High Drive. V THIS AGREEMENT contains the entire understanding of the parties with regard to certain items involving the annexation of the Property to the Town of Estes Park. In the event that the Property is not annexed to the Town of Estes Park on or before June 1, 1995, this Memorandum shall become null and void and of no further effect. Dated this of May 1994. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk PARK ENTRANCE ESTATES PROPERTY OWNERS ASSOCIATION President ATTEST: Secretary PARK ENTRANCE MUTUAL PIPELINE AND WATER COMPANY ATTEST: Secretary 1 - . 4 P0S31846 RAA,gE 1//2 ~/ INCLUSIOU 1 1 1 1 '72\ \ PA21<. 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