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Home My WebLink AboutPACKET Town Board 1997-10-28t Prepared 10/23/97 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 28, 1997 7:30 p.m. AGENDA PUBLIC COMMENT: 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. TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated October 14,1997. 2. Bills. 3. Committee Minutes: A. Public Safety, October 16,1997. B. Public Works, October 23,1997. TOWN BOARD COMMENTS: ACTION ITEMS: 1. Christmas Holiday Weekend Event/Horse-drawn Hayrides - Approval. 2. Street Closure in Observance of Halloween - Approval. 3. Introduction of Ordinance #15-97 Readopting the Municipal Code and setting the Public Hearing for November 25, 1997. 4. Town Administrator's Report: A. Stanley Hall Preservation: 1. Balcony Access - Approval. B. Initiated Ordinance Petition - Report. 5. Request to enter Executive Session to discuss land negotiations. Note: Due to Veteran's Holiday on Tuesday, November 11111, the Town Board meeting will move to Wednesday, November 12~h at 7:30 p.m. Town of Estes Park, Larimer County, Colorado, October 14, 1997 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 14 day of October 1997. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker, John Baudek, George J. Hix, and William J. Marshall Also Present: Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Deputy Clerk Kuehl Absent: J. Donald Pauley, Trustee Mayor Dekker called the meeting to order at 7:32 p.m. APA Award: Mayor Dekker announced that the American Planning Association awarded a plague to the Town and Larimer County for the Estes Valley Comprehensive Plan. Community Development Director Stamey and Planning Commissioner Pohl accepted this award on behalf of the Town. PUBLIC INPUT. No input. TOWN BOARD COMMENTS. No input. CONSENT CALENDAR. 1. Town Board Minutes dated September 23, 1997. 2. Bills. 3. Committee Minutes: A. Community Development, October 2, 1997. B. Light & Power, October 9, 1997. C. Board of Adjustment, October 7, 1997 (acknowledgment only). 4. Public Hearing: Final Plat of Prospect Highlands Subdivision, a Portion of Tract A, Prospect Estates Addition, Stephen Solomon & Cynthia Curry/Applicant - Continue to November 12, 1997. It was moved and seconded (Hix-Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS. 1. Resolution #10-97: Larimer County Justice Center Funding. Susan Kirkpatrick, former Mayor of Fort Collins, explained the ballot question regarding the Larimer County Justice System and requested Town support. This issue will raise sales tax, until the proposed buildings are paid for, no longer than 15 years. Trustees Barker, Baudek, and Doylen expressed concern that this issue was not appropriate for Town Board consideration. Trustee Hix noted that the Town is part of Larimer County, thus County needs are related to town needs. Trustee Baudek announced he would abstain from voting, explaining that his vote would reveal how he feels toward the issue. Trustee Barker announced he would vote, but feels a resolution at this time is inappropriate. It was moved and seconded (Hix-Marshall) Resolution #10-97 be approved, and the Town Board of Trustees, October 14, 1997 - Page 2 vote resulted in a tie; "Yes" votes: Trustees Marshall and Hix; "No" votes: Trustees Doylen and Barker. Mayor Dekker cast his vote and the resolution passed, 3 to 2. Trustee Doylen noted that her vote does not reflect either support or non-support for this issue. 2. Fall River Ln. Road Improvement Reimbursement Agreement - Approval. Public Works Director Linnane proposed that a 900' section of roadway on Fall River Ln. be paved. This unpaved portion is currently being maintained by the Town. As this subdivision was developed prior to improvement guarantees, a 1981 agreement with the developer stated that the future owners of lots abutting this area would reimburse the Town for future road improvements based on street frontage. Attorney White provided a written legal opinion verifying the legality of the agreement, and explained the process of notifying each owner of the assessment and the collection process. It was moved and seconded (Doylen-Hix) the proposed Fall River Ln. Road Improvement Reimbursement Agreement be approved, and it passed unanimously. 3. Biq Horn Dr. Water Line - Award Bid/Approval of Budget Expenditure. Director Linnane explained that approximately 700' of 8" water main needs replacement with a 12" line at the upper portion of Big Horn Dr. The remaining 8" line will be replaced in 1998. The original estimate of the project was $50,000, based on $75 per linear foot. However, this line will need to lie within the roadway, as was done on East Riverside Dr., and will require a one-inch overlay and flow fill. Bids were received from Kitchen&Co. for $92,902.00 and from Weinland Construction for $101,656.25. It was moved and seconded (Doylen-Hix) the contract for $92,902.00 from Kitchen & Co. be approved for the Big Horn Dr. Water Looping Project, and it passed unanimously. The project will start immediately with completion in December. If weather conditions inhibit placing the overlay, the road will be graveled or cold patched until spring. 4. Hwy. 7 Miscellaneous Work Prolects - CDOT Reimbursement. Director Linnane explained that CDOT speci fications required some water mains that cross Hwy. 7 to be lowered. The locations are Country Club Dr. and Pine Knoll Dr. This will increase the contract with Weinland Construction by approximately $30,000, which will be 100t reimbursed by CDOT. It was moved and seconded (Doylen-Hix) the CDOT change order with Weinland Construction for $30,000 be approved, with full reimbursement from CDOT, and it passed unanimously. 5. Ordinance #14-97 Vacating a Portion of Prospect Village' Dr. Community Development Director Stamey explained that the owners of this property previously submitted an amended plat to resubdivide the abutting properties and requested the Town vacate this street. Conditions of this vacation include the following: The right-of-way will be maintained as public access easements; the owners have entered into a common use maintenance agreement, filed with the Town; and the Town has received in exchange, easements along the river for a future bike path. Attorney White read the ordinance. It was moved and seconded (Doylen-Baudek) Ordinance #14-97, vacating a portion of Prospect Village Dr. be approved, and it passed unanimously. 6. Town/Larimer County IGA for Cost Sharing Phase III Consultant Services/Estes Valley Development Code - Approval. Director Stamey explained that Clarion Associates have been retained to prepare the Estes Valley Development Code at a not-to-exceed cost of $112,535. This intergovernmental agreement authorizes the Town and Larimer County to share this cost equally. It was moved and seconded (Doylen-Marshall) the IGA for Cost Sharing Phase III Consultant Services/Estes Valley Development Code be approved, and it passed unanimously. 7. Preliminary 1998 Budget Resolution - Presentation. Pursuant to established legal deadlines, Finance Director Vavra submitted a preliminary resolution identifying revenues and expenses for the 1998 budget. No further action was required at this time. Town Board Study Sessions are scheduled for November 3 & 7. Town Board of Trustees, October 14, 1997 - Page 3 8. Letter of Engagement for Town Auditor - Approval. Director Vavra explained that the Audit Selection Committee (Assistant Administrator Widmer, Trustee Hix, and Finance Officer Vavra) notified all qualified local CPA's, along with a few out of town firms, regarding the Request for Proposal for audit services. None of the local CPA's responded, and the following out of town firms submitted proposals (includes both the Town and EPURA audits): Yanari, Watson, Lyons & Co. $21,000 Anderson & Whitney $29,300 Van Schooneveld & Co. $32,000 The Committee interviewed Yanari, Watson, Lyons & Co. and Anderson & Whitney to verify their proposals included the same level of audit services. The bid from Yanari, Watson, Lyons & Co. was lower due to their exclusive use of computers to generate worksheets. An additional $2,000-$3,000 may be required fora federal funds single audit. Reference investigations were conducted for Yanari, Watson, Lyons & Co. and were found to be acceptable. It was moved and seconded (Hix-Baudek) a letter of engagement be approved with Yanari, Watson, Lyons & Co. for the 1997 audit services in the amount of $21,000 plus a not-to-exceed $3,000 if additional work is required for the federal funds single audit act, and it passed unanimously. Administrator Klaphake noted that Auditor Steve Jackson will continue as a consultant. 9. Appointments/Rooftop Rodeo Committee - Approval. Special Events Director Hinze presented the 1997-98 Rooftop Rodeo Committee: Jo Adams, President Vickie O'Connor Mitch Brown Scott Reutinger Trudy Carra de Salero, Secretary Bob Seifert Carol Cunningham Mary Jo Seifert, Vice President Don Cunningham Kelly Sishc Rick Dill Jill Smith Bobbi Downing Karen Smith Paul Downing Megan Smith Debbie Holgorsen Spencer Smith Chief Jenista Sue Thomas Joyce Kitchen Janelle Urista Dave McPhee Paul Urista Judy McPhee Joan Van Horn Gary O'Connor Bonnie Watson It was moved and seconded (Doylen-Marshall) the 1997-98 Rooftop Rodeo Committee be approved as presented, and it passed unanimously. 10. Banner Regulations and Specifications - Approval of Amendment. Special Events Director Hinze requested a revision to the Banner Regulations and Specifications for Banner Location #2 (Hwy. 34/36 right-of-way) requiring all banners to be 30' x 3'. It was moved and seconded (Doylen-Barker) the revision to the Banner Regulations and Specifications be approved as presented, and it passed unanimously. 11. Carriage Association of America Contract - Approval. Director Hinze presented a standard agreement with the Carriage Assoc. of America for September 16-20, 1998. Estes Park is the location of their national conference with approximately 250 participants, 100 horses, and 40-45 carriages and will include a parade. It was moved and seconded (Hix-Marshall) the agreement with Carriage Assoc. of America be approved, and it passed unanimously. 12. Hwy. 36 Underground Bore/Contract with Estes Valley Electric - Approval. Administrator Klaphake explained that lift stations located on the north side of Hwy. 36 east of the Fire Station are fed from the south side of the highway from separate direct-buried, underground lines, owned by EVRPD and EPSD. A joint project to install a new line with sufficient capacity to feed both stations would alleviate future failures. The total cost of this project would be $6 ,252, of which $5,601 is the cost to place the conduit and $600 is the cost to use Town equipment to make electrical connections. Staff is requesting a contract be awarded to Estes Valley Electric to install the conduit under Hwy. 36 at a not-to- exceed cost of $5,601. When complete, the Town will own and maintain the new line. It was moved and seconded (Hix-Doylen) the contract with Estes Valley Electric for $5, 601 be approved, with the total project cost of $6,252 being split equally among the Town, EVRPD, and the EPSD, and it passed unanimously. Town Board of Trustees, October 14, 1997 - Page 4 13. Underground Conversion Trenching Contract -Approval. Administrator Klaphake presented two bids for the installation of 900 ft. of 6" conduit in the Stanley Historic District from MacGregor Ave. east to the interior service road. The portion that runs through the Mountain Creek Townhouse property will be funded by the developer, approximately $5,000. Drake Contractors submitted a bid for $10,800, and Beau's Excavating for $9,000. As Drake Contractors have the required equipment and are experienced in primary conduit installation, it was moved and seconded (Hix-Doylen) a contract for $10,800 with Drake Contractors be approved for underground conversion trenching in the Stanley Historic District, and it passed unanimously. 14. Town Administrator's Report. Administrator Klaphake presented information for the following Stanley Hall Preservation contracts, noting that costs are submitted as portions of the project are completed, and all requested amounts are included in the budget: A. Exterior Repair, M.J. Aldrich Builders: Aldrich Builders has performed exterior renovation of both the Stanley Hotel Main Building and the Manor House, and are knowledgeable in the architectural and structural details. It was moved and seconded (Marshall-Baudek) a contract for $14,700 to M.J. Aldrich Builders be approved to perform the exterior work necessary on Stanley Hall, and it passed unanimously. B. Preliminary Electrical Work, Drake Contractors: As Drake Contractors are performing the underground conversion trenching in the Stanley Historic District, it was moved and seconded (Hix-Barker) a contract for $6,000 to Drake Contractors, Inc. be approved for trenching and installation of conduit for underground electrical feed to Stanley Hall, and it passed unanimously. C. Change Orders: Sunburst Roofing, who was contracted to reroof Stanley Hall, discovered extensive structural damage to the west entry door. It is necessary to strengthen the roof with new laminated beams and rafters, replace the roof deck with 5/8" treated plywood, and replace the porch crown molding. It is required that Jon X. Giltner, the structural engineer contracted for Stanley Hall, prepare a report on the above explained damage, at a cost of $2,700. It was moved and seconded (Doylen-Baudek) that Sunburst Roofing be approved to perform the necessary improvements to the Stanley Hall roof at a cost of $4,500, increasing the contract cost to $18,866, and that Jon X. Giltner witness the structural damage, prepare a report, and submit alternatives at a cost of $2,700, and it passed unanimously. Trustee Barker verified that a contingency fund was established because it was anticipated this building would present unique challenges. It was moved and seconded (Hix-Doylen) the Town Board enter Executive Session to discuss land negotiations, and it passed unanimously. Mayor Dekker adjourned the meeting at 8:47 p.m. Mayor Deputy Town Clerk Town Board of Trustees, October 14, 1997 - Page 3 8. Letter of Engagement for Town Auditor - Approval. Director Vavra explained that the Audit Selection Committee (Assistant Administrator Widmer, Trustee Hix, and Finance Officer Vavra) notified all qualified local CPA's, along with a few out of town firms, regarding the Request for Proposal for audit services. None of the local CPA's responded, and the following out of town firms submitted proposals (includes both the Town and EPURA audits): Yanari, Watson, Lyons & Co. $21,000 Anderson & Whitney $29,300 Van Schooneveld & Co. $32,000 The Committee interviewed Yanari, Watson, Lyons & Co. and Anderson & Whitney to verify their proposals included the same level of audit services. The bid from Yanari, Watson, Lyons & Co. was lower due to their exclusive use of computers to generate worksheets. An additional $2,000-$3,000 may be required for a federal funds single audit. Reference investigations were conducted for Yanari, Watson, Lyons & Co. and were found to be acceptable. It was moved and seconded (Hix-Baudek) a letter of engagement be approved with Yanari, Watson, Lyons & Co. for the 1997 audit services in the amount of $21,000 plus a not-to-exceed $3,000 if additional work is required for the federal funds single audit act, and it passed unanimously. Administrator Klaphake noted that Auditor Steve Jackson will continue as a consultant. 9. Appointments/Rooftop Rodeo Committee - Approval. Special Events Director Hinze presented the 1997-98 Rooftop Rodeo Committee: Jo Adams, President Vickie O'Connor Mitch Brown Scott Reutinger Trudy Carra de Salero, Secretary Bob Seifert Carol Cunningham Mary Jo Seifert, Vice President Don Cunningham Kelly Sishc Rick Dill Jill Smith Bobbi Downing Karen Smith Paul Downing Megan Smith Debbie Holgorsen Spencer Smith Chief Jenista Sue Thomas Joyce Kitchen Janelle Urista Dave McPhee Paul Urista Judy McPhee Joan Van Horn Gary O'Connor Bonnie Watson It was moved and seconded (Doylen-Marshall) the 1997-98 Rooftop Rodeo Committee be approved as presented, and it passed unanimously. 10. Banner Regulations and Specifications - Approval of Amendment. Special Events Director Hinze requested a revision to the Banner Regulations and Specifications for Banner Location #2 (Hwy. 34/36 right-of-way) requiring all banners to be 30' x 3'. It was moved and seconded (Doylen-Barker) the revision to the Banner Regulations and Specifications be approved as presented, and it passed unanimously. 11. Carriage Association of America Contract - Approval. Director Hinze presented a standard agreement with the Carriage Assoc. of America for September 16-20, 1998. Estes Park is the location of their national conference with approximately 250 participants, 100 horses, and 40-45 carriages and will include a parade. It was moved and seconded (Hix-Marshall) the agreement with Carriage Assoc. of America be approved, and it passed unanimously. 12. Hwy. 36 Underground Bore/Contract with Estes Valley Electric - Approval. Administrator Klaphake explained that lift stations located on the north side of Hwy. 36 east of the Fire Station are fed from the south side of the highway from separate direct-buried, underground lines, owned by EVRPD and EPSD. A joint project to install a new line with sufficient capacity to feed both stations would alleviate future failures. The total cost of this project would be $6,252, of which $5,601 is the cost to place the conduit and $600 is the cost to use Town equipment to make electrical connections. Staff is requesting a contract be awarded to Estes Valley Electric to install the conduit under Hwy. 36 at a not-to- exceed cost of $5,601. When complete, the Town will own and maintain the new line. It was moved and seconded (Hix-Doylen) the contract with Estes Valley Electric for $5,601 be approved, with the total project cost of $6,252 being split equally among the Town, EVRPD, and the EPSD, and it passed unanimously. Town Board of Trustees, October 14, 1997 - Page 4 13. Underground Conversion Trenchinq Contract - Approval. Administrator Klaphake presented two bids for the installation of 900 ft. of 6" conduit in the Stanley Historic District from MacGregor Ave. east to the interior service road. The portion that runs through the Mountain Creek Townhouse property will be funded by the developer, approximately $5,000. Drake Contractors submitted a bid for $10,800, and Beau's Excavating for $9,000. As Drake Contractors have the required equipment and are experienced in primary conduit installation, it was moved and seconded (Hix-Doylen) a contract for $10,800 with Drake Contractors be approved for underground conversion trenching in the Stanley Historic District, and it passed unanimously. 14. Town Administrator's Report. Administrator Klaphake presented information for the following Stanley Hall Preservation contracts, noting that costs are submitted as portions of the project are completed, and all requested amounts are included in the budget: A. Exterior Repair, M.J. Aldrich Builders: Aldrich Builders has performed exterior renovation of both the Stanley Hotel Main Building and the Manor House, and are knowledgeable in the architectural and structural details. It was moved and seconded (Marshall-Baudek) a contract for $14,700 to M.J. Aldrich Builders be approved to perform the exterior work necessary on Stanley Hall, and it passed unanimously. B. Preliminary Electrical Work, Drake Contractors: As Drake Contractors are performing the underground conversion trenching in the Stanley Historic District, it was moved and seconded (Hix-Barker) a contract for $6,000 to Drake Contractors, Inc. be approved for trenching and installation of conduit for underground electrical feed to Stanley Hall, and it passed unanimously. C. Change Orders: Sunburst Roofing, who was contracted to reroof Stanley Hall, discovered extensive structural damage to the west entry door. It is necessary to strengthen the roof with new laminated beams and rafters, replace the roof deck with 5/8" treated plywood, and replace the porch crown molding. It is required that Jon X. Giltner, the structural engineer contracted for Stanley Hall, prepare a report on the above explained damage, at a cost of $2,700. It was moved and seconded (Doylen-Baudek) that Sunburst Roofing be approved to perform the necessary improvements to the Stanley Hall roof at a cost of $4,500, increasing the contract cost to $18,866, and that Jon X. Giltner witness the structural damage, prepare a report, and submit alternatives at a cost of $2,700, and it passed unanimously. Trustee Barker verified that a contingency fund was established because it was anticipated this building would present unique challenges. It was moved and seconded (Hix-Doylen) the Town Board enter Executive Session to discuss land negotiations, and it passed unanimously. Mayor Dekker adjourned the meeting at 8:47 p.m. Mayor Deputy Town Clerk BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Public Safety Committee October 16, 1997 Committee: Chairman Marshall, Trustees Baudek and Pauley Attending: Chairman Marshall and Trustee Baudek Also Attending: Administrator Klaphake, Police Captain Filsinger, Fire Chief Dorman, Special Events Director Hinze, Deputy Clerk Kuehl Absent: Trustee Pauley Chairman Marshall called the meeting to order at 3:30 p.m. POLICE DEPARTMENT "Celebrate Estes Park" Weekend: Special Events Director Hinze requested, on behalf of Stanley Village Association, authorization for free horse drawn hayrides from Lower Stanley Village to Elkhorn Ave. during "Celebrate Estes Park" weekend. Aspen Lodge, who has been providing hayrides at various events for five years, will provide the service. It was noted that Aspen Lodge will provide insurance for this event, which will only take place weather permitting. The Transit Center and the Taco Bell parking lot (a restricted parking area will be designated) are the specified loading areas. The path will be from the Transit Center, left on MacGregor, around Park Ln. to the traffic signal, left on Elkhorn Ave. to the Taco Bell parking lot. A seasonal officer will be assigned to assist with traffic control. The times are Saturday, December 13 from 11:00 a.m. to 4:00 p.m. and Sunday, December 14, from noon to 4:00 p.m. The Committee recommends approval of the hayride route. Director Hinze withdrew the request for use of the Bond Park campfire pit, due to the lack of water supply during the winter months. Halloween Street Closure: Captain Filsinger requested the closure of Elkhorn Ave. at Spruce St., Moraine/Big Horn Dr., and Riverside Dr. from 5:30 p.m. until traffic subsides, between 8:00 and 9:00 p.m. to celebrate Halloween activities. Administrator Klaphake suggested the streets be closed by 5:00 p.m. The Committee recommends approval of the street closure at 5:00 p.m. FIRE DEPARTMENT Fire Prevention Week Recap:. Fire Chief Dorman reported that the theme for Fire Prevention Week was "Know When To Go", reacting fast to fire. This event was coordinated by Firefighter John Landkammer. A total of 800 kids from pre-school to intermediate school were contacted regarding escape plans, stop/drop/roll techniques, smoke detectors, etc. Handouts were provided by the National Fire Safety Council and purchased through local donations. The distribution of smoke detectors will be scheduled at a later date. ISO Survey: Chief Dorman reported that this survey was conducted over a two day period and included a review of training records, run reports, volunteer records, apparatus inventory, water mapping system, and hydrant testing. The Department's rating will be made available in early 1998. Chimney Fire Warning: Chief Dorman recommended cleaning of wood stove and fireplace chimneys to avoid chimney fires. BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Public Safely Cumiuillee, Ocluber 16, 1997 - Page 2 REPORTS The third quarter report was reviewed, including all types of offenses, arrests, and property damage. This report reflected an increase due to the increased visitors this time of year. Speeding complaints on Fish Creek, Hwy. 34, and Hwy. 7 are down due to the placement of the traffic monitor. It is predicted the proposed traffic signal on Manford Ave. and Hwy. 7 will also alleviate speeding in that area. Trustee Baudek requested the contractor be reminded that this signal light still needs to be placed. There being no further business, Chairman Marshall adjourned the meeting at 4:09 p.m. -1--0-- KU=29 Tina Kuehl, Deputy Town Clerk DRADFOROPUBLISHING.0 RECORD OF PROCEEDINGS Public Works Committee October 23, 1997 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Public Works Director Linnane, Clerk O'Connor Absent: Town Administrator Klaphake Chairman Doylen called the meeting to order at 8:31 a.m. 311 VIRGINIA DR. - OWNER REQUESTS RIGHT-OF-WAY VACATION. Public Works Director Linnane reported that two structures Of Highland Cottages, 311 Virginia Dr., Lot 4 and a Portion of Lot 5, Block 10, Second Amended Plat, Town of Estes Park, encroach into the right-of-way of Virginia Dr., and the owner is requesting-the Town vacate the public right-of-way. William Schultz, property owner, stated that all structures have been in place since 1899 and various site photographs were displayed. Mr. Schultz stated there is no history of any problem with the right-of- way, and questioned the need for his request at this time as the roadway was constructed after the structures were in place. Trustee Hix expressed his doubt that the structures had been in place since 1899. Director Linnane noted that such encroachments are not unique. In 1991 the Town granted a similar request on Big Horn Dr. with the stipulation that an agreement be attached to the ordinance whereby in exchange for the vacation, the owner was prevented from performing any major remodeling, enlarging/extending the exterior of the buildings into the new easement, or constructing any additional buildings on the property. In addition, the owner was to pay for all attorney fees. A similar agreement could be attached to this request: the Town could vacate 1,600 sq. ft. of right-of-way in exchange for 1,500 sq. ft. of right-of-way to the north (this exchange would be in the best public interest and protect adjacent property owners). The agreement would stipulate that should any major remodeling, demolition, moving of the buildings, or extension into the right-of-way occur, the right-of-way would return to its original location. Mr. Schultz disagreed with a stipulation concerning major remodeling of the buildings outside of the proposed vacated right-of-way. Staff stated that if the property owner is considering development of the site, a development plan would be required for submittal to the Planning Commission. The decision on the right-of-way would then be based on a recommendation from the Planning Commission. Adjacent property owner, David Frank, expressed his concern with the right-of-way and/or roadway shifting onto his property. Chairman Doylen confirmed that the roadway is not being changed in any manner, and the right-of-way is not being shifted in the direction of Mr. Frank's property. Discussion followed, with the Committee recommending: (1) staff, meet with the Town Attorney to formulate an agreement, to include the property owner paying for attorney fees, (2) staff review the BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee - October 23, 1997 - Page 2 agreement with the property owner prior to a subsequent Committee meeting, and (3) the agreement be submitted to the Public Works Committee between January-March, 1998 for further consideration. SOUTH SAINT VRAIN AVE. (HIGHWAY 7) UTILITY EASEMENT - U.T.S.D. & MILES COTTAGES REQUEST EASEMENT VACATION. U.T.S.D. and Miles Cottages are requesting the Town vacate a 15'-wide utility easement over Lot 1, Hartland Subdivision, a Replat of Lot 7, South Saint Vrain Addition, and Lot 1, Esquire Acres Subdivision of Lot 8, South Saint Vrain Addition. All utility companies have signed the routing slip, and staff is in agreement with the request. The Committee recommends approval of the vacation of the utility easement on South Saint Vrain Ave., authorizing the Town Attorney to prepare an ordinance. REPORTS. The Committee received the Citizen Service Response Report for September, 1997. Hwy. 7 Widening Project - Update. The new traffic signal should be installed early in November. TheÂ· signal was ordered in April, and the manufacturer has delayed receipt of parts. Signs are being placed, including school zone signs with blinking beacons. Director Linnane commended Manager Sievers for his efforts on this State project. Chairman Doylen proposed an informational piece be placed on Channel 8 regarding use of the new turning lanes. Lake Estes Causeway Trail Project, Phase 2 - Update. The bridge for Wapiti Meadows should be installed next week; the abutments have been poured; and EVRPD Director Gengler and staff have walked the trail and a preliminary plan to completely encircle the lake has been accomplished. Trail markers will be installed in the next couple of weeks. A final design on the Mall Road section is being prepared. A mileage estimate for the entire trail is approximately 3.5 - 3.7 miles; staff will confirm the distance for the next meeting. Employee Recognition. Street Supt. Speedlin reported that Public Works employees have entered various APWA-sponsored contests. Employees have had success in trucks, and this year, Michael Hulbert placed third in the nation (25 states/international) out of a field of 65 competitors in loader equipment. The contest includes a written exam, diagnostics, and driving skills. Robert Hirning placed fifth. Such expertise verifies the quality of employees in Public Works. The Public Works Dept. issued each employee a $50 incentive award. Both employees were commended and they will be further acknowledged at the November 12th Town Board meeting. Mike expressed his appreciation to the Town for the opportunity he was afforded. There being no further business, Chairman Doylen adjourned the meeting at 9:18 a.m. 23(10 OÂ· Ouao Vickie O'Connor, CMC/AAE, Town Clerk BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee October 16, 1997 Committee: Chairman Marshall, Trustees Baudek and Pauley Attending: Chairman Marshall and Trustee Baudek Also Attending: Administrator Klaphake, Police Captain Filsinger, Fire Chief Dorman, Special Events Director Hinze, Deputy Clerk Kuehl Absent: Trustee Pauley Chairman Marshall called the meeting to order at 3:30 p.m. POLICE DEPARTMENT "Celebrate Estes Park" Weekend: Special Events Director Hinze requested, on behalf of Stanley Village Association, authorization for free horse drawn hayrides from Lower Stanley Village to Elkhorn Ave. during "Celebrate Estes Park" weekend. Aspen Lodge, who has been providing hayrides at various events for five years, will provide the service. It was noted that Aspen Lodge will provide insurance for this event, which will only take place weather permitting. The Transit Center and the Taco Bell parking lot (a restricted parking area will be designated) are the specified loading areas. The path will be from the Transit Center, left on MacGregor, around Park Ln. to the traffic signal, left on Elkhorn Ave. to the Taco Bell parking lot. A seasonal officer will be assigned to assist with traffic control. The times are Saturday, December 13 from 11:00 a.m. to 4:00 p.m. and Sunday, December 14, from noon to 4:00 p.m. The Committee recommends approval of the hayride route. Director Hinze withdrew the request for use of the Bond Park campfire pit, due to the lack of water supply during the winter months. Halloween Street Closure: Captain Filsinger requested the _closure of Elkhorn Ave. at Spruce St., Mora.i,~1&6-F 'w-ii wrÂ· , and Riverside Dr. from 5:30 p.m. until_&0~0~iâ‚¬-Ebsides, between 8:00 and 9:00 P.m. to celebratellâ€¢40*â‚¬Me@n activities. Administrator Klaphake suggestqi,0.~e-0-~EF-eets be closed by 5:00 p.m. The Committee reg-frmMEEP approval of the street closure at 5:00 p.m. FIRE DEPARTMENT FiPhRIevention Week Recap: Fire Chief Dorman reported thal-Wit theme Â£3'â‚¬43- Prevention Week was "Know When To Go", reqg~~ff~~fast to fire. 'rhi.i- event was coordinated by Fi_n~fgHter John Landkammer. A tolfh+ef 800 kids from pre-sch,-f'E-o intermediate school were contacted~ding escai~s, stop/drop/roll techniques, smoke detectors,-%4.-lieME{outs were provided by the National Fire Safety Council ar*0~5~laased through local donations. The distribution of smoke,WEScEors 2hq-be scheduled at a later date. ISO Survey: (116/17 Dorman reported that this survey7M<iconducted over a two~tf-period and included a review of training#4fords, run repg,05-, volunteer records, apparatus inventory, water mapp~Lg syst:,0,/-and hydrant testing. The Department's rating will be mad& awâ‚¬~lable in early 1998. f< / -â‚¬<FtÂ«. 4 0 ~9Â« A, .SJ / LD \ 0 E.â€¢ \. 40,1-603.>5215'&'<~14) c ) V,f/.1 j 2 4 feig-/ t~ 14 Atj~ Wh Â·: , 9 4.:, 1 L. 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'/1 Crs# 1:. ) 1--4\ D.(9 PROPOSED ROUTE FOR HORSE DRAWN HAY WAGON. Purpose is to provide shuttle from Stanley Village to downtown and return. X X Lert, 6 . -1 h i 'lm BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee October 16, 1997 Committee: Chairman Marshall, Trustees Bdudek and Pauley Attending: Chairman Marshall and Trustee Baudek Also Attending: Administrator Klaphake, Police Captain Filsinger, Fire Chief Dorman, Special Events Director Hinze, Deputy Clerk Kuehl Absent: Trustee Pauley Chairman Marshall called the meeting to order at 3:30 p.m. POLICE DEPARTMENT "@Cebrate Estes Park" Weekend: Special Events Director Hinze req~kted, on behalf of Stanley Village Association, authorizat_i@p-* for freeQrse drawn hayrides from Lower Stanley Village to E,J.*MErn Ave. during-*W-1-ebrate Estes Park" weekend. Aspen Lod-el'Who has been providing-?b,~8~es at various events foreyears, will provide the service. -442 was noted that As,01+'Lodge will provide insurance for this even'which will,effIY take place weather permitting. The Transit CenteNQ~g,Tie Taco Bell parking lot (a restricted parking area will 1/0-Beaignated) are the specified loading areas. The path w i-1,1/53 frort-hi,< Transit Center, left on MacGregor, around Park I,P/Eo the traffic~b.Qpal, left on Elkhorn Ave. to the Taco B~JA,loarking lot. A seasdhwl officer will be assigned to assishâ€¢*vith traffic control. The tfkbf-are Saturday, December 13 (101<-11:00 a.m. to 4:00 p.m. and Sunday,-fcember 14, from noon,K<4:00 p. m. The Committee recorrnends approÂ»4& of the hayricts,foute. Director Hinze withdrew the request for us~f the Bog,2Ark campfire pit, due to the lack of water supply during the wâ‚¬Rter months. -2.- > Halloween Street Closure: Captain Filsinger requested the closure of Elkhorn Ave. at Spruce St., Moraine/Big Horn Dr., and Riverside Dr. from 5:30 p.m. until traffic subsides, between 8:00 and 9:00 p.m. to celebrate Halloween activities. Administrator Klaphake suggested the streets be closed by 5:00 p.m. The Committee recommends approval of the street closure at 5:00 p.m. ]~LJg~ DEPARTMENT Fire PrefF#MiL20 Week Recap: Fire Chief Dorman reportedâ€žMrE- the theme for Firâ‚¬'~~tion Week was "Know When To Go"-0eâ‚¬0~ting fast to fire. This 2%*L was coordinated by/!â‚¬74fighter John Landkammer. A total of-11~ f rom pr~01 to intermediate school were contacted rega F~*CL .54"46 plans, stop/drop/roll techniques, smoke detectors, et~g--64~douts were provided by the National Fire Safety Counci.1.-jf/1-purchalRli4lhrough local donations. The distribution of smok,-f@tectors will 53~heduled at a later date. ISO Survey: ~,@WffE Dorman reported that this survey was CD.Lucted over a ty@teay period and included a review of training rec3hi,6 run rq~pets, volunteer records, apparatus inventory, water Inappinf.$ syss,frr, and hydrant testing. The Department' s rating will be made a/gllable in early 1998. 10/23/1997 16:19 19702241224 PAGE 02 TOWN OF ESTES PARK COLORADO ORDINANCE NO. 15-97 AN ORDINANCE OF THE TOWN OF ESTES PARK, ADOPTING AND ENACTING A NEW MUNICIPAL CODE FOR THE TOWN OF ESTES PARK: PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVID- ING FOR THE ADOPTION OF SECONDARY CODES BY REFERENCE; PROVID- ING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MAN- NER OF AMENDING SUCH CODE AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECnVE Be It Ordained by the Board of Trustees of the Town of Estes Park, Colorado: Section 1. The code entitled ne Estes Park Municipal Code published by Colorado Code Publishing Company, consisting of Chapters 1 through 18, is adopted. Section 2. All ordinances of a general and permanent nature enacted on or before the adoption date of this Ordinance, which are inconsistent with the provisions of the Estes Park Municipal Code, to the extent of such inconsistency, are hereby repealed, Section 3. The repeal established in Section 2 of this Ordinance shall not bc construed to revive any ordinance or part thereof that had been previously repeated by any ordinance which is repeated by this Ordinance. . Section 4 The following codes were adopted by reference and incorporated in the Estes Park Municipal Code. One (1) copy is on file in the Town Clerk'& office: (1) The Model Tranic Code for Colorado Munic#,alities, 1995 edition, published by the Colorado Department of Transportation, as adopted and amended in Section 10.04.010 et seq.; (2) The Un#brm Building Cbde, 1994 edition, including the Unitorm Building Code Appendig published by the International Conference of Building Officials, as adopted and amended in Section 14.12.010 et seq.; (3) The Uoiform Mechanical Ode, 1994 edition, published by the International Conference of Building Officials, as adopted in Section 14.16.010; (4) The National Eectrical Code, 1996 edition published by the National Fire Protection Association, as adopted in Section 14.20.010; (5) The Unitbrm Plumbhw Code, 1994 edition, published by the International Conference of Building Officials, as adopted in Section 14.24.010; (6) The Uniform Code for the Abatement of Dangerous Buildings, 1994 edition, published by the International Conference of Building Officials, as adopted in Section 14.48.010; 10/23/1997 16:19 19702241224 PAGE 03 (7) The Colorado Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings, published by the State of Colorado, as adopted in Section 14.56.010; and (8) The Colorado Recommended Energy Conservation 'Performance' Code for New Construction and Renovation of Residential Buildings, pubbhed by tnt State ot Colorado, as adopted in Section 14.56.020. Section 5. The penalties provided by the Estes Park Municipal Code arc hereby adopted as follows: (1) 1.20.020 Fil= and penaltia Critic 1, General Provilion.. Chapt= 1.20. General penalty) Any person who shall be convicted of a violation of this Code shall be fined not less than one dollar ($1.00) nor more than three hundred dollars ($300.00). Where any violation is a continuing offense, each day that the violation continues shall be considered and held to be a separate and distinct offense. (2) 5.34.080 Violadom penalty. Critle 5, Bizine,1 Regulation. lod I~oic. Chapt= 534, Telephone Systems) If any officer, agent or manager of a telephone utility company which is subject to the provisions of this Chapter fails, neglects or refuses to make or file the annual statement of accounts provided in Section 5.32.040, the officer, agent, manager or person shall, on conviction, be punished by a fine not less than twenty-five dollars ($25,00) nor more than three hundred dollars ($300.00); provided that each day after such statement becomes dclinquent during which the officer, agent, manager or person so fails, neglects or refuses to make and file such statement, shall be considered a separate and distinct offense. (3) &04.040(a) Abatement of nuhan=, inctuding walte material, umanitazy =â€¢litions and na:ioum wmdi. altle 8, Health and Sanitatk,0, Chapter &04, Ge=rat DituibanceÂ© (a) The Town shall cause a notice to be served upon the owner, occupant or agent in charge of any lot, building or premises in or upon which any nuisance in relation to health or sanitation may be found, or who may be the cause of such nuisance, requiring him or her to abate the same within fifteen (15) days after receipt of such notice. If such owner, occupant or agent fails to comply with such notice, he or she is subject to fines as provided in this Code. In addition to, or in lieu of, prosecuting the owner or occupant for an ordinance violation, if the noticc to abate is not complied with within the required time, the Town may cause such nuisance to be abated and shall assess the cost of such abatement against the property and shall notify the owner or occupant of such assessment and the amount. Such asseument shall be a lien upon the property until it is paid. If the charge or assessment is not paid to the Town within thirty (30) days after the receipt of such notice of assessment the charge or assâ„¢ment shall be certified to the County Treasurer, to be placed by him or her upon the tax list for the current year and collected in the same manner as other taxes are collected, with ten percent (10%) penalty thereon to defray the cost of collecting. 2 10/23/1997 16:19 19702241224 PAGE 04 (4) 9.32.060(1) Falle alarm charp and penalth (Iltle 9, Public Peate. Monh and Safety, Chapter 932, Al.Im %.te:11â€¢) (a) The permittee of the premises, owner or occupant of a residence, or operator of a business (all collectively referred to in this Section as pennittee) wherein a fire or burglar alarm device is installed is subject to the following charges and penalties for all false alarms from the device which exceed three (3) in any calendar year: (1) Fourth false alarm, Menty-five dollars ($25.00); (2) Fifth false alarm, fifty dollars ($50.00); (3) Sixth false alarm, one hundred dollars ($100.00); (4) Seventh false alarm, one hundred fifty dollars ($150.00); (5) Eighth false alarm, two hundred dollars ($200.00); (6) Ninth false alarm, two hundred fifty dollars ($250.00); (7) Tenth false alarm and each successive false alarm, three hundred dot- lars ($300.00). (5) 10.20.010 Vk,ladon: Ene~ Crilk 10~ Vehicic, 8,â€¢t Trame. Chapte, 10.20; Parking Vidatiom) Any person convicted of a parking violation under the provisions of the Model Traffic Code shall be fined consistent with the existing fine schedule. (6) 1332.080 Unpaid wet= and connection charm a lien. Critle 13, Public Utilitim, Chapter 1332, Water Rateâ€¢ and argeâ€¢) All water and connection charges shall be charged against the owner of the properly served, shall be a lien upon the respective lots or parcels of land where the water is used from the time when due and shall be a perpetual charge against the lots or parcels of land until paid. In the event said charges shall not be paid when due for property within Town limits, the Town Clerk ahall certify such delinquent charges to the County Treasurer and the charges shall be collected in the same manner as though they were part of the taxes. On all delinquent water and connection charges for property outside the Town limits, there shall be a charge of one and one-half percent (1.5%) per month on the amount due, which shall be added to the amount due until paid. In the case of condominiums to which water is furnished, the consumption of every condominium unit, the lien for the unpaid water, interest and costs, if any, imposed by this Code shall attach upon such condominium unit in an amount which is computed by dividing the total amount of the lien by the number of condominium units Section 6. Additions or amendments to the Code, when passed in the form as to indi- cate the intention of the Town to make the same a part of the Code. shall be deemed to be incorporated in the Code, 30 that reference to the Code includes the additiong and amend- ments. Section Z Ordinances adopted after this Ordinance that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to those provisions of the Code. 3 Gl 10/23/1997 16:19 19702241224 PAGE 05 Section & This Ordinance shall become effective thirty (30) days after publication thereof. INTRODUCED this 28th day of October, 1997. TOWN OF ESTES PARK, COLORADO ATTEST: Robert L Dekker, Mayor Vickie O'Connor, Town Clerk (SEAL) ADOFIED AND ORDERED PUBLISHED on this 25th day of November, 1997. TOWN OF ESTES PARK COLORADO ATTEST: Robert L Dekker, MaÂ®r Vickie O'Connor, Town Clerk (SEAL) APPROVED AS TO FORM: Gregory White, Town Attorney 4 11 52Â¢ltf TOWN OF ESTES PARK hy Â¥#,1 9.6-, ,"k#12.. -.#%// 2 , , 'h AR*GE~L W-Â·Pan-eWB h Â«Â»rt#~,r~ Je~#~~,~,~,~M~<i~*~~~~~~v~jt~Ep-r ~ ~~~~Â«Â«~Â«9.Â©trt> 44.t Â«,A. f<*r<,0," 1%~ritÂ»-~,c Â»Â«Jaft~ -7 -c~Â·4-4Uk fli,mu.*39/2 -,. ./ 4.21 L lw).r, 494Vt# -3-/ 46/44'A,mp:20 34-49*31 Â·Â·2Â»*A'gl :7Â·,2. 241Â¢27<24:tÂ·; ' Â·... October 22, 1997 TO: Mayor Dekker Town Board FROM: Art Anderscrrr'~~~~ Contract OffiÂ¢et RE: STANLEY HALL - BALCONY ACCESS Stanley Hall has a balcony that has been in place since the building was constructed. The balcony has a single access stairway, and a seating capacity not to exceed 40 persons. The 1994 UBC requires a second access to the balcony, because of its occupancy load. The UBC allows historic structures to be exempt from compliance if existing conditions are not being made unsafe. The balcony area is not being remodeled or renovated. The Colorado Historic Society has requested that the UBC requirement of a secondary access be waived SO that the architectural integrity of the interior not be compromised by placing a stairway in front of the multi-story window to the right side of the entry porch. It is proposed that an emergency exit will be installed in the balcony in the form of a permanently set fold-up ladder, adjacent to the south end of the balcony (opposite end from the stairway). This ladder will consist of two adjacent parallel 4" x 4" aluminum square stock that when a twist lock is released, opens up to a ladder with a one-foot wide tread. The Board is asked to concur with the finding that existing balcony conditions are not being changed, that the installation of the emergency access ladder does provide a safe secondary egress from the balcony area in case of emergency. Thank you. (970) 5116-5331 Â· 110. BOX -1200 â€¢ 170 AlAC GREGOR AVENUE â€¢ ESTES PARK, CO 80517 Â· FAX (970) 586-69' ,1 'Memorandum 14:::1:>TVU U Date: October 21, 1997 To: Administrator Klaphake From: Vickie O'Connor, Town Clerk Re: Initiated Ordinance Petition - Calendar Pat Cipolla submitted his petition October 17th with 284 signatures. Due to the County's November 4th General Election and Early Voting, I cannot have access to the their computer to verify the signatures until November 6thdz. I intend to add this Ordinance to the November 25th Town Board Agenda. The Town Board has two options: (1) adopt the Ordinance without alteration, or (2) refer it to the electors for regular or special election. In consideration of all election deadlines, our next regular election scheduled April 7, 1998 is the only available date for the election on this issue. CONruDENTDAL NATIONAL GEOGRAPHIC DESTINATION CINEMA PROJECT October 28, 1997 I. National Geographic. Vision. Presenters: Estes Park Urban Renewal Authority Polly Gunn Carl Henderson Art Anderson Plans. Presenters: National Geographic Architect II. Town Hall 0 Planning, design, budget, appraisal, etc.: Rich Widmer 0 Site options: Gary Klaphake III. Legal Review: Greg White IV. Communications and strategy. Presenters: Mayor Dekker Gary Klaphake - V. Timeline: Rich Widmer VI. Discussion/Questions VII. Conclusion