Loading...
HomeMy WebLinkAboutPACKET Town Board 1998-01-27Prepared 1/22/98 *Revised 1/22/98 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, January 27, 1998 7:30 p.m. AGENDA PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated January 13, 1998, and Special Meeting January 23, 1998.. 2. Bills. 3. Committee Minutes: A. Public Safety, January 15, 1998. B. Public Works, January 22, 1998. : ACTION ITEMS: 1. Fireworks Display Permit. 2. Purchase of Global Positioning System - Approval - Public Works Director Linnane. 3. Water Accountability Study Scope of Services - Approval - Public Works Director Linnane. 4. Carry-Over Resolution #1-98 for 1997 Budget - Approval - Finance Officer Vavra. 5. Development Agreement with Animal Medical Center, 1260 Manford Ave. - Town Contribution toward sound barrier - Approval - Town Administrator Klaphake. 6. Resolution #2-98 - Calling Regular Municipal Election April 7, 1998, delegating election authority and responsibility to Town Clerk, and Official Title of Ballot Question - Approval - Town Attorney White. A. *IGA with Larimer County for rental of voting equipment. , 7. Liquor Licensing: A. Show Cause Hearing for the Park Wheel Company, dba THW WHEEL, 132 E. Elkhorn Ave., Tavern Liquor License #03- 14465-0000 - Conduct of Establishment - Police Chief Repola. 8. Town Administrator's Report: A. Workers' Compensation - Certificate. 2 ( Town of Estes Park, Larimer County, Colorado, January 13, 1998 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 13th day of January, 1998. Meeting called to order by Mayor ProTem Susan L. Doylen. Present: Trustees Jeff Barker John Baudek George J. Hix William J. Marshall J. Donald Pauley Also Present: Gary F. Klaphake, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Robert L. Dekker, Mayor Mayor ProTem Doylen called the meeting to order at 7:30 p.m. and announced that the meeting would not be televised due to i technical difficulties with Intermountain Cable Comm. PUBLIC COMMENT: None. TOWN BOARD COMMENTS. None. CONSENT CALENDAR: 1. Town Board Minutes dated December 9, 1997. 2. Bills. 3. Committee Minutes: A. Light and Power, December 11, 1997 and January 8, 1998. B. Planning Commission December 16, 1997 (acknowledgment only). C. Community Development, January 7, 1998. 4. Amended Plat of Lots 26 and 27, Block 9, Country Club Manor Addition, Ruth Goetzel/Applicant - Motion to withdraw, Applicant to request future placement on Agenda. 5. Amended Plat of a Portion of the SWH of Section 25, TSN, R73W of the 6th P.M., and Lots 4, 5 and a Portion of Lot 3, High Pines Subdivision, John & Marcia Henry/Applicant - Continue to February 10, 1998. It was moved and seconded (Hix/Pauley) the consent calendar be approved, and it passed unanimously. Board of Trustees - January 13, 1998 - Page 2 ' ACTION ITEMS: 1. Estes Park Volunteer Fire Department 1997 Annual Report. Fire Chief Dorman and Secretary Landkamer presented the Election results, and Training and Run Reports. Election results were: Scott Dorman, Chief, Ed Ford, 1* Assistant Chief, Daryl McCown, z Assistant Chief, Secretary Jon Landkamer. and Doug Deats, Treasurer. It was moved and seconded (Hix/Marshall) the Election Of Officers, as presented, be approved, and it passed unanimously. There were 31 full-time volunteers in 1997, for a total of 1,302 hours, resulting in an average of 42 hours/volunteer. Secretary Landkamer reviewed specific areas of training. Chief Dorman reviewed the ~run report" tally which indicated there were 299 calls with 143 inside, and 156 outside Town limits. The Chief presented the financial report for the last six months of 1997 and the report was made a part of the record by reference thereto. 2. Automatic Meter Reading (AMR) - Approval of Budget Expenditures and Procedure/Policy Manual Amendment - Light and Power Director Matzke reported on the AMR Employee QI Team findings and recommendations for the Automatic Meter Reading (AMR) Study. It was moved and seconded (Hix/Barker) 6 the AMR Project be approved, authorizing staff to expend $24,798 for the Itron System with radio frequency remote reading capability, $14,956 for 192 electric meters, $15,593 for 100 water meters and an additional Itron Read-One device, $41,070 for 222 Emetcom Pole Line Carrier electric meters, and remote reading meters, a 5-year anbual budget of $70,000/yr., and an amendment of the Light and Power Dept. Procedure/Policy Manual relating to connect fees, and it I passed unanimously. Trustee Hix commented that he was impressed with the QI Team study and presentation at the Light and Power Committee meeting. Patrick Cipolla questioned the accuracy of the meters, and staff responded that 100% accuracy had occurred in the pilot test program. Director Matzke recognized Gary O'Connor, QI Team Leader who was in attendance. 3. Lease Agreement with Minolta Business Systems. Senior : Planner Joseph explained the 3-yr. lease with Minolta for a Model EP-4000 Copy Machine, and it was moved and seconded (Pauley/Marshall) the lease in the amount of $384.11/mo. be i approved, and it passed unanimously. 4. Amendment to M.O.U. between the Town, Rooftop Rodeo Committee and Top Hands Organization, Inc. Special Events Director Hinze reported on the amendment that deletes "only I during the week of Roof top Rodeo" and "during the Roof top i Rodeo" from the Memorandum of Understanding dated January , 23, 1996. The amendment allows support events to take place anytime during the year. It was moved and seconded (Hix/Baudek) the Amendment be approved, and it passed unanimously. 5. Final Plat of Prospect Highlands Subdivision. This item was continued December 9, 1997 as Condition #10 (erosion , control) was incomplete. The Board of Trustees met January 6th to receive additional information. At that meeting, RMC presented a solution to increase the detention volume to , 12,000 cubic ft., almost doubling the volume RMC had ( Board of Trustees - January 13, 1998 - Page 3 previously determined to be acceptable. Public .Works Director Linnane reported that the detention calculations were applied correctly, the calculation method meets Town specifications, staff thoroughly reviewed said calculations, and the flow rate was reviewed and there are no negative impacts downstream. Senior' Planner Joseph confirmed that the erosion and re-vegetation reports have been received. Joseph requested the motion include a condition that dimensions be added to the plat prior to recording said plat. John Phipps, attorney representing a homeowner's association, had no further comment. Audience comments were heard from George Hockmhn regarding street standards (in his opinion, Curry Dr. does not meet Town standards on two points and staff should advise the Board of Trustees when they (staff) have granted a variance from Town · standards, and geologic hazards, specifically relative. to the Tarragon and Foundation Engineering Reports. Mr. Hockman urged the Board not to approve the plat until such time as detailed information/studies on rock hazard are cbmplete. Planner Joseph stated that a geologic hazard report from Foundation Engineering was reviewed by the - Planning Commission, and that potential geologic·problems would be mitigated. Annual site reconnaissance/ihspection is planned. Staff confirmed that the Planning Commission did not come to a unanimous recommendation on this proposal. Separate development plan review on each new structure is being required. Tom i Scobel/RMC confirmed that his firm is satisfied with Foundation Engineering' s repont, and responded . to various comments pertaining to building envelopes which will be determined by topography. Mitigation procedures will be professional and constant monitoring will occur during development. There were no further comments from the audience. Trustee comments followed on maintenance of the detention pond, future conformance relative to geologic hazard, and slope. Attorney White stated that Town regulations do not include geologic hazard standards, and that the plat cannot be judged solely on such potential hazard. The Town Board can, however, consider safety concerns. Planning Commissioner Pohl noted that the Planning Commission merely forwards a recommendation on subdivision plats-the Commission cannot approve or deny such plats; the Planning Commission minutes state that this particular plat was favorably recommended with 16 conditions, however, the recommendation was not unanimous. Stating that RMC has placed their professional reputation on the geologic hazard report, and have volunteered to have on-site supervision for development, and that drainage issues have been addressed, it was moved and seconded (Barker/Hix) the Final Plat of Prospect Highlands Subdivision be approved, however, the plat will not be recorded until the dimensions for the drainage easement and access easement located on Lot 10 have been added to the plat, and it passed with the following votes: Those voting "Yes" Trustees Barker, Doylen, Hix, Marshall and Pauley. Those voting "No" Trustee Baudek. 6. Special Review #97-01, Block 1-4, Amended Plat of Thirteenth Fairway Subdivision, Rainbow Lake Investments LLC/Applicant. Mayor ProTem Doylen opened the public hearing, and Senior Planner Joseph stated the proposal is to reduce the total dwelling units from 53 to 45 as the applicant desires to reconfigure the unit layout into primarily two-family buildings. All prior conditions of approval have been Board of Trustees - January 13, 1998 - Page 4 , satisfied. As there were no comments from the audience, Mayor ProTem Doylen closed the public hearing. It was moved and seconded (Hix/Marshall) Special Review #97-01 be approved, including the 2 conditions listed in the Planning Commission minutes dated December 16, 1997, and it passed unanimously. The Board commended the developer on the appearance of the site. 7. Amended Plat of Lots 1 and 2, Schuster Subdivision, Robert Sunderlund/Applicant. Mayor ProTem Doylen opened the public hearing, and Senior Planner Joseph reported that the Applicant desires to combine two lots into one lot to allow , construction of a garage. All Planning Commission conditions have been met, and the Attorney's letter has been received. There were no comments from the audience, and Mayor ProTem Doylen closed the public hearing. It was moved and seconded (Hix/Pauley) the Amended Plat of Lots 1 and 2, Schuster Subdivision be approved, and it passed unanimously. 8. Ordinance #1-98 - Amending Section 2.52.020 Municipal Judge Salary. Administrator Klaphake noted that the Municipal Judge last received a salary increase in 1994, effective in 1995. The proposed increase is for $1,280 for a total salary of $14,080. Attorney White read the Ordinance, and it was moved and seconded (Marshall/Hix) Ordinance #1-98 be approved, and it passed unanimously. The Board commended Judge Brown for superior service. 9. Ordinance #2-98 - Conservation Easement to the Land Trust for Tract A, The Reserve, First Filing. Administrator Klaphake reviewed the Ordinance deeding a .Conservation i Easement to the Land Trust, in exchange for a Special Warranty Deed (10.94 acres)-all in accordance with the wildlife and view corridor provided by the Developer and approved by the Board of Trustees. The Land Trust will receive the open space, and the Town will provide site maintenance. Attorney White read the Ordinance. Discussion followed on how public access will be negated-this would be enforced by the Town with assistance from the neighborhood. Additional open space (26 acres) will be forthcoming in the Second Filing. The Developer, Gary Nordic, was commended on providing the open space. It was moved and seconded (Hix/Pauley) Ordinance #2-98 be approved, and it passed unanimously. Attorney White expressed his appreciation to Kenneth Oldham, Land Trust Attorney for drafting the i easement documents. 10. Liquor Licensing: A. Transfer of Ownership from Surrey Restaurant, Inc. to Phoenix Rocky Mountain Ventures LLC, dba LA CASA OF ESTES PARK, 222 E. Elkhorn Ave., Hotel and Restaurant License. John Taylor, Owner and Tom DeLeo, Manager addressed the Town Board stating they intend to restore the restaurant to what it once was, and they are anxious to become good community citizens. Trustee Baudek noted that the Town Board takes liquor licensing seriously, and that liquor laws are strictly enforced. Mr. Taylor stated they intend to participate in the i TIPS program for liquor licensees. It was moved and seconded (Baudek/Hix) the Transfer of Ownership to t Board of Trustees - JanuAry 13, 1998 - Page 5 1 0 Phoenix Rocky Mount,~in Ventures LLC be approved, and it passed unanimously. B. History of Show Cause Hearings. As an informational item, Clerk O'Connor presented this report that listed State and Local Show Cause Liquor Hearings bdginning with 1990. C. Proposed Liquor License Stipulation Guidelines. In cooperation with the Police ' Dept., Clerk O'Connor presented said guidelines that would formalize how staff could negotiate Stipulation Agreements · with liquor licensees facing violations of the State Liquor Code. The Town Board may amend, approve, or dehy any Stipulation Agreement; if denied, the Town Board would proceed with a Show Cause Hearing. The proposal listed the regulation number, code violation, total suspension allocation, and actual time served. Clerk O'Connor requested the proposed guidelineA be approved, including adding said guidelines to the. Town Clerk's Policy/Procedure Manual. It was moved and seconded (Baudek/Hix) the Stipulation Guidelines be. approved, including amendment to the.Policy/Procedure Manual, and it passed unanimously. Trustee Baudek stated that the guidelines will be very helpful. 11. Town Administrator's Report: A. National Geographic Update. Administrator Klaphake reviewed a letter dated December 30, 1997 written by Kimball Rogers, Director of Development/Destination Cinema, announcing DCI opted to withdraw from the theater/interpretive center .in Estes Park. The withdrawal was based on economics and timing. National Geographig i5 reorganizing. Administrator Klaphake advised there will not be a ballot question for the sale of the Municipal Building on the April 7th election; however, the Town does intend to continue discussion with National Geographic's new CEO. Dale Vrabek, Koral Heights, requested the Tbwn expand on the Town's desire to relocate the Municipal Building. Mayor ProTem Doylen noted that the only reason the sale of the building was considered was due to Destination Cinema's approach for the theatre/interpretive center. Staff reported that the Municipal Building may have a higher and better use, however, Town offices could survive at their present site. B. Stanley Hall Preservation Project. The Trustees reviewed the Contract with the State Historical Society for Phase II. Administrator Klaphake reviewed Phase I, stating that all 1997 funds were not expended. For budget purposes, staff is requesting authorization to carry-over the $30,000 from the 1997 budget into 1998. The Phase II construction plan was reviewed, including the grant with the Historical Society, Town and Stanley Hotel. The Town's funding remains at $30,000. It was moved and seconded (Pauley/Marshall) the 1997 Budget of $30,000 be carried-over to the 1998 Budget, and that the Mayor be authorized to execute the Contract for Phase II, and it passed unanimously. Board of Trustees - January 13, 1998 - Page 6 C. Senior Center Renovation Project. Bids for the renovation were received, as the bids were higher than the engineer' s estimate, staff' is analyzing the budget for financial options. A special meeting may be necessary to consider the bids and funding. The seniors have done a marvelous job in fundraising efforts. Staff will distribute a bid summary prior to the Town Board meeting. Planning. Commissioner Ed Pohl offered a brief report on the newly-appointed Estes Valley Planning Commission. Al Sager was appointed Chairman, and Wendell Amos was appointed Vice Chairman. 12. Request to enter Executive Session to discuss land negotiations. At Administrator Klaphake's request, it was moved and seconded (Barker/Hix) the Board of Trustees enter Executive Session to discuss land negotiations. Mayor ProTem Doylen reported that the Town Board will reconvene to open session immediately following the Executive Session. Following completion of all agenda items, Mayor ProTem Doylen adjourned the meeting to Executive Session at 9:40 p.m. Susan L. Doylen, Mayor ProTem Vickie O'Connor, Town Clerk. Mayor ProTem Doylen reconvened the meeting at 10:11 p.m. Tract 4, Stanley Historic District Land Purchase. Mayor ProTem Doylen read·a memorandum from Mayor Dekker, which, in summary, the Mayor urged the Town Board to continue with the land purchase option. The total land price was $807,000, and the next payment is due February 1.St. A genuine offer has been made to Mr. Findley, and 40 condominium units are planned. It was moved and seconded (Pauley/Baudek) the Town ! continue with the purchase option for potential future public use, and it passed unanimously. There being no further business, Mayor ProTem Doylen adjourned the meeting at 10:15 p.m. Susan L. Doylen, Mayor ProTem Vickie O'Connor, Town Clerk . Town of Estes Park, Larimer County, Colorado, January 23, 1998 Minutes of a Special 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 23rd day of January, 1998. Meeting called to order by Mayor Robert L. Dekker. Present: Trustees JeffBarker John Baudek Susan L. Doylen William J. ·Marshall J. Donald Pauley Also Present: Gary F. Klaphake, Town Administrator - Vickie O'Connor, Town Clerk Absent: George J. Hix, Trustee Mayor Dekker called the special meeting to order at 7:31 a.m. to award the construction bids for the Estes Park Senior Center. t - Roger Thorp, Architect, conducted the bid opening on January 8, 1998. Bids were received from eight pre-qualified general contractors, with Sinnett Builders, Inc. submitting the lowest bid of $438,372.00, minus deductions, for.a total adjusted base bid of $390,645.00. Sinnett Builders worked on the new swing building for the School District. Administrator Klaphake reviewed the Senior Center Budget and reported that the project budget contains a shortfall of $121,000. To meet the project budget, Staff outlined the following 1998 General Fund Budget deductions: Police Remodel Planning $ 8,000 Board Room Remodel 20,000 MacGregor Avenue Roto Pave 43,000 Samson Island Renovation 5,000 o Mayor's Contingency Fund 19,000 Total $121,000 Administrator Klaphake noted that the above may be .adjusted should other, more appropriate funding sources be allocated. In addition, the kitchen equipment will be re-bid, working directly with suppliers. However, the project budget amount of $110,000 is included in the total budget of $532,025. Should re-bid efforts prove successful, the Mayor's Contingency Fund could be replenished. Discussion followed on the proposed budget cuts, and use of the Mayor's contingency. Trustee Marshall commended the seniors, particularly Don Tebo, for the time and effort expended on this project. Mary Faiella expressed her appreciation to the Town Board for all their support. It was moved and seconded (Baudek/Marshall) the bid, in the amount of $390,645 be Special Board of Trustees - January 23, 1998 - Page 2 awarded to . Sinnett Builders, including the budget adjustments as identified above, and it passed unanimously. Don Tebo also thanked the Town Board for their cooperation, and as additional funding is still required, he stated the Center is selling bricks for installation at the "Heritage Garden." The bricks are $50 each and two lines of print can be added. Funds received from this project will be utilized for new· furnishings and the new deck. Trustee Marshall also praised the Public Works crew for their assistance in moving ·furniture to the Center's temporary quarters. There being no further business, Mayor Dekker adjourned the meeting at 7:45 a.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk -. . 1 , . 1. . /1 ..: "...'. IRADFORIP./.1§/ING.0. RECORD OF PROCEEDINGS PUBLIC SAFETY COMMITTEE January 15, 1998 Committee: Chairman Marshall, Trustees Baudek and Pauley Attending: All Also Attending: Town Administrator Klaphake, Police Chief Repola, Fire Chief Dorman, Municipal Judge Brown, Clerk O'Connor Absent: None Chairnan Marshall called the meeting to order at 3:30 p.m. POLICE DEPARTMENT. 1997 Municipal Court Year-end Report. Municipal Court Judge Brown noted that the Court heard 414 cases in 1997 for a total fine collection of $22,274.00. A total of 388 parking citations were issued for an income of $3,730.00. There were 428 cases in 1996 ($17,935.00), and 251 parking fines ($2,380.00). i The Judge is committed to reaching out into the community, particularly with students. He has spoken to High School Students on addiction and alcohol, and participates in a History Course. Pursuant to the number of violations by minors in Riverside Plaza, .the Court held additional court sessions during July and August to hear certain cases quickly. Judge Brown stated that the Court has been successful in implementing a Baseline Program to assist young offenders. Minors are ordered to participate in the Program, and parents are required to attend classes to learn how families can get back into control. Community service, TNT--Teens and Tobacco are additional tools being utilized by the Court. For first time offenders, the Court generally orders a $25.00 fine, 8 hours of community service, and a fine of $100 (the fine is held in suspension pending further offenses). It appears multiple offenders are being diverted, thus the aforementioned programs are having a positive impact. The Court Liaison Program, where the Town is represented by a Police Officer is very effective. The Court has achieved a reputation of taking cases seriously, they are fair and they follow-up all pending items toward completion. An area the Judge believes is insufficient is a Probation Service. This service would be provided by an independent person (counselor) who would provide a "pre-sentencing report." The Judge and Chief Repola believe this program would be an effective tool to evaluate what is best for young people as well as others attending Municipal Court. This system is utilized in the Federal Court System as well as Larimer County. Responding to the Committee on program costs, staff advised they anticipate a professionally prepared report in the range of $75 - $100/report. This fee would be assessed to the defendant; however, if the defendant couldn't pay the fee, the Town would be liable. In all cases, the Judge would attempt to obtain the fee from the defendant. Additional discussion followed on minor privacy rights, confirmation that the pre-sentencing report would provide a complete life history, extensive counseling alternatives, and how the DRA'FORIPUILISHING.0 RECORD OF PROCEEDINGS Public Safety Committee - January 15, 1998 - Page 2 report would be confidential between the defendant and Municipal Judge. The Committee recommends Judge Brown and Chief Repola be authorized to explore the Probation Service, reporting their findings to the Committee when appropriate. Judge Brown extended an invitation to Committee members to attend Municipal Court. Personnel. Ray Leaycraft was recently sworn-in as Police Officer I. The officer has relocated from Garland, Texas, and he has 20 years' experience. Staff anticipates the officer will be on the street by late April. The Department was successful in receiving the grant for an additional officer, and testing for this position will begin in the near future. Mike Van Deutekom Will be promoted to Investigator in February, and Cherie Bartram was promoted to First Line Supervisor in Communications. Bids for new Patrol Vehicle - Report. RFPs will be issued for a new patrol vehicle; bids with and without a trade-in are expected for the February meeting. REPORTS. The Committee reviewed the 1997 Year-end Traffic Report. Incidents increased 12%. A press release is planned for the 25 mph flashing light school zone on Highway 7. A total of 55 tobacco violations by minors were charged in Municipal Court. General discussion followed on the Lake Estes Trail (bicycles), Riverside Plaza, profanity, and traffic on Highways 7 and 34. A training report for all sworn personnel during 1997 was presented and clarified; a total of 2,359 hours were expended on training. FIRE DEPARTMENT. Ice Rescue. Chief Dorman reported that the Fire Dept. will be conducting an Ice Rescue Class for the Police Dept. and others in the community. The Class includes classroom and field training. Air Packs. This purchase is included in the 1998 Budget and one quote has been received. The Committee requested Chief Dorman seek at least two bids for price comparison, and return to the Committee for further action. Fireworks Display Permit. Chief Dorman advised that a company has contacted him for an application for a sales display during a conference at The Stanley Hotel in March. The Clerk and Chief Dorman will proceed with the application process; additional information will be forthcoming. There being no further business, Chairman Marshall adjourned the meeting at 4:34 p.m. 4-Il.£, O P.<*j Vickie O'Connor, CMC/AAE, Town Clerk BRADFORD-aLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee January 22, 1998 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Water Supt. Goehring, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. BIG HORN DRIVE WATER MAIN PROJECT - APPROVAL OF CHANGE ORDER. The Committee reviewed a change order from Kitchen and Company for replacement of soil and labor in the amount of $1,298.00. Change order is retroactive as there were no Committee meetings in November and December. The Committee recommends approval of the change order in the amount of $1,298.00, to be booked against the 1997 Budget. UTILITY EASEMENT VACATION - ELK RIDGE CONDOMINIUMS - APPROVAL.: In a letter dated November 17, 1997, Estes Park Surveyors requested approval to vacate two utility easements that were originally dedicated to the Town when Mountain Fairways Condominiums was developed east of Matthew Circle. The easements covered an existing water line and electric line that served the development; however, they were located upon the neighboring property which is now known as Elk Ridge Condominiums. Both lines have now been relocated and the easements that cover their new locations were shown on the Amended Plat Of Thirteenth Fairway Subdivision. Both Departments have recommended approval of the vacation. The Committee recommends approval Of the request to vacate said utility easements, authorizing Town Attorney White to prepare an Ordinance. WATER DEPARTMENT/LIGHT & POWER DEPT. GLOBAL POSITIONING SYSTEM (GPS) - REQUEST AUTHORIZATION TO PURCHASE. Shawn Kraft noted that $16,000 ($8,000/dept.) was budgeted in 1998 for the purchase of a Global Positioning System for GIS mapping. Four vendors were contacted for verbal quotes: Trimble, Magellan, Ashtech, and Sokkia. All were within a $1,000 price range of each other, with Trimble being the lowest. Trimble's signal technology offered the greatest accuracy. A GPS unit will allow updating of the utility and base maps with a one- man surveying crew. The system includes satellite transmission of a signal to a GPS receiver which is hand-held by a field person. The coordinate information is then relayed into a hand- held monitor. The Committee recommends approval of the budget expenditure of $15,534. 00 for the GPS System from Trimble Navigation. BRADFORD PUBLISHING Co. RECORD OF PROCEEDINGS Public Works Committee - January 22, 1998 - Page 2 WATER DEPT. ACCOUNTABILITY STUDY - REQUEST APPROVAL OF SCOPE OF SERVICES - BLACK & VEACH. The 1998 Budget includes funding of $13,000 for a water accountability study. The Committee reviewed the Scope of Services submitted by Black and Veatch to perform an overall water accountability study, and submit recommendations. An estimated fee of $11,900 will complete the proposed scope of services based on 140 hours of effort. The Committee recommends approval of the Scope of Services, which includes a presentation by John Gallagher/Black and Veatch, in the amount of $11,900. WATER DEPT. AUTOMATIC METER READING (AMR) PROJECT - REQUEST APPROVAL TO PROCEED. The Town Board recently approved the AMR Project for the Light and Power Dept. Included in the QI Team's recommendation was the replacement of water meters. Staff requested authorization to implement the new ERT module units, increasing the meter cost of tap fees, depending on meter size (eg: 3/4" meter = $125.00 additional). The Committee recommends approval of staff's request, including the pass-on fee increase for new development. HIGHWAY 34/36 INTERSECTION FEASIBILITY STUDY - REQUEST AUTHORIZATION TO SOLICIT PRICE QUOTES. As required in the 1998 Budget, Director Linnane requested authorization to solicit price quotes for said study. CDOT has budgeted $1 Million dollars for 1998/1999 to improve the Hwy. 34/36 intersection, including the 1)ridge. CDOT's procedure has changed, and they now make a monetary contribution. Municipalities will have local management of the entire project. In terms of CDOT priority, this project is one of the highest priorities in the Upper Front Range Region State Transportation Plan. Staff would begin soliciting prices to compile a feasibility study; due to the apparent duration of this process (approximately one year for preliminary design), staff intends to obtain a preliminary recommendation for the 1999 Budget. In this project, there would be a trail underpass below the existing bridge. Director Linnane stressed that the $1 Million dollars from CDOT is not a project cost estimate, but a contribution to the project. Actual construction costs would most likely exceed the $1 Million dollars from CDOT, and excess costs would need to be funded by the Town. The Committee recommends approval of the request to solicit bids. MANFORD AVE. SIDEWALK/PARK SCHOOL DISTRICT TRAFFIC STUDY - AUTHORIZATION TO PROCEED WITH REPORT RECOMMENDATIONS. Felsburg Holt & Ullevig presented their traffic study report to the Town Board in November, 1997. Following the presentation, Mayor Dekker referred the study to the Committee for review of the recommendations. The primary recommendations were the (1) construction of a new sidewalk along the north side of Manford Ave. between S. St. Vrain Ave. and east Community Dr.; (2) not to realign the west and east leg of Community Dr. with an "S" curve; (3) providing a 3-way stop situation at the Manford Ave. and West Community leg intersection with a new crosswalk to provide pedestrian access from the north side of Manford Ave. to the south side; (4) additional signage and crosswalks; and (5) on- site School sidewalks. ESTES PARK FIRE DEPARTMENT (Volunteer) Estes Park, Colorado 80517 January 23, 1998 Town Board ofTrustees Estes Park, CO RE: Pyrotecnico fireworks permit Dear Trustees, Pyrotecnico has applied for a permit to have a fireworks display for an upcoming conference at the Stanley Hotel. It is my understanding that this display is for the sale and, 'promotion ofPyrotecnico's products and services. I have met with Mr. Trott from Pyrotecnico and he has explained to me his proposed show. Since then I have read his 4 brochure and looked at the proposed site. I was very impressed with the quality ofthis display and the qualifications ofPyrotecnico It has been policy ofthis department to grant fireworks applications only for public display by qualified organizations. Although I believe Pyrotecnico would perform a spectacular show, due to the exposures ofthe Stanley Hotel, surrounding residences, and the possibility ofgrass fires, I feel that this display is not in the best interest ofthe public from a fire safety stand point. I am also concerned with setting of a precedent leading to an increase of such applications. It is therefore my request that this permit be denied at this time. Sincerely, --*CQ 00- Scott Dorman, Chief Estes Park Volunteer Fire Depanment BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Public Safety Committee - January 15, 1998 - Page 2 report Would be confidential between the defen and Municipal Judge. The Committee recommends Jud rown and Chief Repola be authorized to explore the Pro ion Service, reporting their findings to the Committee en appropriate. Judge Brown extended an invitation to ittee members to attend Municipal Court. Personnel. Ray Leaycraft was cently sworn-in as Police Officer I. The officer has re cated from Garland, Texas, and he has 20 years' experienc Staff anticipates the officer will be on the street late April. The Department was successful in receivin he grant for an additional officer, and testing for this osition will begin in the near future. Mike Van Deut m will be promoted to Investigator in February, an Cherie Bartram was promoted to First Line Supervisor ' Communications. Bids f new Patrol Vehicle - Report. RFPs will be issued for a n patrol vehicle; bids with and without a trade-in are cted for the February meeting. REPORTS. The Committee reviewed the 1997 Year-end Traffic Ren-40!~Incidents increased 12%. A press release is planned forl.,le-55 mph flashing light school zone on Highway 7. A total of 55 tobacco violatip•~y minors were charged in Municipal Court. General discussion fobIwed on the Lake Estes Trail (bicycles), Riverside plaza~,•P»0fInity, and traffic on Highways 7 and 34. A training~61>ort for all sworn personnel during 1997 was presented and c].atffied; a total of 2,359 hours were expended on training. FIRE DEPARTMENT. Ice Rescue. Chief Dorman reported that the Fire Dept. will be conducting an Ice Rescue Class for the Police Dept. and others in the community. The Class includes classroom and field training. Air Packs. This purchase is included in the 1998 Budget and one quote has been received. The Committee requested Chief Dorman seek at least two bids for price comparison, and return to the Committee for further action. Fireworks Display Permit. Chief Dorman advised that a company has contacted him for an application for a sales display during a - ~ conference at The Stanley Hotel in March. The Clerk and Chief Dorman will proceed with the application process; additional information will be forthcoming. There being no further business, Chairman Marshall adjourned the meeting at 4:34 p.m. Or- 0-84.«A j ' Vickie O'Connor, CMC/PAZ, Town Clerk Jan-21-98 11:01A Creative Strategies Group 303 438 5613 P.02 . .· 1"Ly 7?E Colorado Festivals and Events Association 4 -3*9 ./*. An affiliated state chapter of International Festivals and Events Association Officers , President. Cain:,1 I lilier January 20, 1998 .. Cand Hitler E-i'cnn Pre•Uear·Elect. Brtik Eiti·y Creafite Strak·CA·.3 (;ni/p Secret:,rv, Gloria C.unrhell c.in, i,1 Dent·er/Muwy'i Offi e I,f Board of Trustees Art, Cu?tin· 2 Filin Town of Estes Park Irc.,surer, S,im.ini h :, Ackinwl Th,· A,kin €.in (1, 1,p PO Box 1200 !-med,jte Pa~ Presidrni Estes Park, CO 80517 Lumen Board of Directors Dear Trustees: Jun Ab-ndschim M Pas,J (:(,unry Fair Whe Colorado Festivals & Events Association will be holding our annual Lturie A.,111:sen Each· Citinn: fair 21 K,JA, convention and tradeshow at the ESteS Park Conference Center on March 4, Jeff Bl...ir 5 and 6. This conference brings together over 100 of the state's top festival Grecle>· 1,1,4·pendenci· Sm,Ape,4, and special event planners.On the night of March 5th proceeding a dinner t MIl Charney, CtE and auction at the Stanley Hotel, we would like to conduct a fireworki Bi; Chimle>· 8 AIR.·iate; K.,te I),L a..i demonstration. The purpose of this letter is to ask the Board of Trustees for TTS Et.·11: Pr,dit,·m W,irWu·Ide, hic. a permit for the display. . ,/w Ellis 4 Gli.inal We';trni SE.J.1 56•,U' 67 R,Ativ, The fireworks display will be coordinated and shot by PYROTECNICO, Grnia· Gillerte Dentri- Mon·h: P.,uu-· one bf the largest and most experienced- fireworks display companies in the Skie Griffi, Ii. (:FE United States. The display will be supervised by Eugene Trott, an employee Skili,i.· Ti,le,•t €~ fi'enrs. inc. of Pyrotecnico for 12 years, who is a licensed operator in the State of Lixid.1 Hi„ze 71*., ,4 Es,es /3,t,k Colorado as well as many otter states that require such a license. He has Mkh<el H.,ith been the lead operator on'over 500 fireworks displays. There will also be Cii„,iner, 4,1 Re,-r,·aii.m Ma n„grinctu five additional helpers to assist with the setup and safe discharge of the Sue j·"21!,s~in display. Lincintint Pa,A., 62 R,·cremi,m Pauline Juhas,in . , Ad,uns C•,i,my Fai, 67 R..6, The firing site and fallout area for the'display will be on the property of the Simn R.•:eis K:irk Stanley Hotel. The CFEA has secured permission from the Stanley Hotel, D,•u·nt„u·n Dentf'r Pariners hip and if required, will forward approval in writing. Distances and Sue K.·nn.·dy Hi,·Af,·r Sc,14· P,iduct.,its. Inc, requirements from NFPA 1123 will be strictly followed and all necessary Mic|NJMN-y safety precautions will be in place prior to display. This display will last Alusse.v. Shin·~dic, G Nia,541 about ten Alinutes, and will consist~ofmaterial up to four inches in diameter, D.1.'i,1 Pll,50„ Ck·rn· Creek Arts F,·tii„11 and various other low-level effects. All effects will be fired electrically. Nttch.,el l'arti, MAPAI,i,4·rit,icin,up ~ ~ Rick Wurrel , ~ Et·cni pr.603 Wt,iLIwidc, A,· 4 Founding Sponsors t PEPSI '22/LI'll».P 'I ··I J ammil LTS EVE NT PRODUCERS UNI"IMED P.O. Box 481674. Denver. CO 80248 303-810·CFEA (2332) Jan-21-98 11:02A Creative Strategies Group 303 438 5613 P.03 I . I =02 ' 3- Colorado Festivals and Events Association . ©*G:: /,·: An affiliated state chapter of International Festivals and Events Association o :52,62*. -1. -0.,··aL WAA# Officers Prrudcnt, C·.ind 1-lilier Board of Trustees. Con.4 1 firlcr Etem., Town of Estes Park Presi,!en{·Elect. Bnke· E,luy Creatiti· Smt,n·1 Graup January 20,1998 Page 2 Se: r. r ar y. G tori :, C.1 Inrlp 11 Ck, 4 /A·nl·,7/Alay«5 C )/lic,· „f Art. C.hure 2 Fit: , Pyrotecnico will carry a five million dollar insurance certificate, which will Tre·wirri. S.}noitih., Arkil,vin T/G A:kinsim Gnitip · name the CFEA, the Town of Estes Park, the Estes Park Fire Department, Itiwite~Ii.itc Paa r~~„actic the Stanley Hotel, and any other entity that is associated with said display. Lauta Stin , Clf)· •4 Aurora Pyrotecnico would also be open to pay the costs of the fire watch by the Board of Directors Estes Park Fire Department, which is a common practice in many Jim Aliendsch.un municipalities. El Pow, C:imit,7 Fair L.tu,ie A.„t,ISM 11 Ed:le Ch,u:try Fair Er R,•-fer, Eugene Trott of Pyrotecnico will be present ar the January 27th meeting of Jeff Bluir the Board of Trustees to answer any questions or address any concerns. Greek·, bulepcndence Sminped,· Thank you for your consideration of our request. Bili Ch+.i, tpry, Ct:E ' flill Charne, 8 Ais:Ii,tic, Sing«ely, Cl kwell:Ltea - 7-8 F,,·,w I'„wh. ,·it W,„16,1·, in:· C 1 / Julie Ellis Nan,Iia ir,i,wern St(A k Sh, - 67 R, de, 4 -95·05 (2 Gruct: Gillette • Dc·nt,·i ,\lay.h:14.1.,t,u' ruce L. Er ey Skyr Gi,!tuh, CFE l,ji-LI2lll IL;ilrence Chairman CFEA Sk.Ii,„· Tate,i! 8 En·nts. liti·. Lifk|.t }{inx nium ,¢ E.,1.·i Poik -cc: Eugene Troll/Pyrotecnico Mkh,lei 11.uth C·Min:r, 1,11 Re,·reem,m N Initage,netic Sue Jud,son Lin.nuni Parks 8 R,·ricati-im 1'.auline Jolmson - Afo,ni Couniv Fair 8 Red,·„ . 4 Susan R•,t:ers Ka[k Dim.rown Penn·. Pii, tner,hip Si,e Kc,weJ,· 0 Ri,·Aw, S.·, :4· Pr· due:,ints. k· Mt.h.W! ki:ic.e¥ At,„le. Sh,m.alter 67 Marsh D,#11'ing,n (:Un O.·ek Ares Fc sit€ul Mich·,i,-11'on, ,\1AP M.·irk·Mne (ir,itip Ri:k Witrel 7-rS En·,u P..h,cri-$ 9,„41«'Ale. liu·. . Founding Sponsors PEPSI =11! TT.S EVENI PILODUCERS P.O. Box 481674, Denver, CO 80248 303-810-CFEA (23321 Public Peace, Morals and Safety Section 9.10.010 torches, or other fireworks of like con- location of the display and the nature and struction and any fireworks containing type of fireworks to be displayed. The any explosive or flammable compound, application shall be signed by the president or any tablets or other device containing or other principal officer of the organization any explosive substance. or group making the application. The application must be filed at least fifteen (2) Fireworks does not include: (15) days in advance of the meeting of the Board of Trustees at which it is to be con- a. Toy caps which do not contain sidered. Every display shall be handled by a more than twenty-five-hundredths competent operator and shall be of such (.25) of a grain of explosive com- character and so located, discharged and pound per cap; fired as not to be hazardous to property or endanger any person. Before a permit is b. Sparklers, trick matches, granted, the operator, location and handling cigarette loads, trick noisemakers, toy of the display shall be approved, after inves-. smoke devices and novelty auto tigation, by the Fire Chief or his or her alarms; or authorized agent. No permit shall be trans- ferable or assignable. c. Highway flares, railway .fuses, ship distress signals, smoke candles (b) No permit shall be required for ' and other emergency signal devices. such public display of fireworks by any (Ord. 2-84 §2(part), 1984) county or district fair duly organized under the laws of the State. (Ord. 2-84 §2(part), 9.10.020 Restrictions 1984; Ord. 15-97, 1997) It is unlawful for any person to offer for : sale, expose for sale, sell, lend, give away, Chapter 9.12 set fire to, discharge, use, explode or have in his or her possession with intent to offer Vendors, Peddlers and Solicitors for sale or use or to explode, any fireworks within the Town, except as provided in this 9.12.010 Soliciting on private property. Code. (Ord. 2-84 §2(part), 1984) It is unlawful for any person to in, to 9.10.(BO Permits for display. or upon private residences in e Town without having been requeste r invited so (a) The Board of Trustees may grant to do by the owner or occ ant of the pri- 0~ permits, within the Town, for supervised vate residence, for the p ose of selling,· or 00,- public displays of fireworks by the Town, for the purpose of so ' ting, orders for the fair associations, amusement parks and sale of goods, es or merchandise, other organizations and groups. Such orga- including books, ictures, magazines or nizations or groups desiring such a permit periodicals. (0 . 2-84 §2(part), 1984) shall file with the Town Clerk a written application for a permit. The application 9.12.020 citing business on streets. shall state the name of the organization or group, the date of the proposed public dis- It i nlawful for any person to solicit or play of fireworks, the name of the person or in manner try to obtain any business of persons who will operate the display, the a kind while upon the streets, alleys, 9-10 ...OF'MOPU•LISHIN'CO. RECORD OF PROCEEDINGS Public Works Committee January 22, 1998 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Water Supt. Goehring, Clerk O'Connor WATER DEPARTMENT/LIGHT & POWER DEPT. GLOBAL POSITIONING SYSTEM (GPS) - REQUEST AUTHORIZATION TO PURCHASE. Shawn Kraft noted that $16,000 ($8,000/dept.) was budgeted in 1998 for the purchase of a Global Positioning System for GIS mapping. Four vendors were contacted for verbal quotes: Trimble, Magellan, Ashtech, and Sokkia. All were within a $1,000 price range of each other, with Trimble being the lowest. 4 Trimble's signal technology offered the greatest accuracy. A GPS unit will allow updating of the utility and base maps with a one- man surveying crew. The system includes satellite transmission of a signal to a GPS receiver which is hand-held by a field person. The coordinate information is then relayed into a hand- held monitor. The Committee recommends approval of the budget expenditure of $15 ,534.00 for the GPS System from Trimble Navigation. 5.2 k....7 : 6. ' ...0,0.opul.,Ill.'Co. RECORD OF PROCEEDINGS Public Works Committee - January 22, 1998 - Page 2 WATER DEPT. ACCOUNTABILITY STUDY - REQUEST APPROVAL OF SCOPE OF SERVICES - BLACK & VEACH. The 1998 Budget includes funding of $13,000 for a water accountability study. The Committee reviewed the Scope of Services submitted by Black and Veatch to perform an overall water accountability study, and submit recommendations. An estimated fee o f $11,900 will complete the proposed scope of services based on 140 hours of effort. The Committee recommends approval of the Scope of Services, which includes a presentation by John Gallagher/Black and Veatch, in the amount of $11,900. ;i· - TOWN BOARD MEETING January 27, 1998 Action Item #4 - Carry-Over Resolution #1-98 for 1997 Budget. Finance Officer Vavra will present the Resolution during the meeting. 1 SENT BY:GREGORY A WHITE B; 1-22-98 4:13PM ; 9706672527-9 970 586 2816;# 2 DRAFT DEVELOPMENT AGREEMENT THIS AGREEMENT is entered into this dly of , 1998, by and between Dr. Rick L. Dill, d/b/a Animal Medical Center of Estes Park, LTD., ('Dill') and the Town of Estes Park, a municipal corporation, (t}le "Town"). RECITALS WHEREAS, Dill operates a veretinarian cnie facility located at 1260 Manford Avenue in the Town which facility includes kennel facilities; and WHEREAS, to the east of Dill'g property is located the Lone Tree Village Affordable Housing project; and $ WHEREAS, kennels are a permitted use in the CO., zoning district of the Town of Estes Park in which Dill's property is located; and WHEREAS, Dill desites to expand his kennel operation on the property; and WHEREAS, the expansion of Dill's kellnel facilities on the property will inevitably lead to noise intrusion into the Lone Tree Village housing complex; and WHEREAS, the pardes desire to mutually agree to ameliorate the affects of noise and other off sight intrusions by Dill's kennel into the Lone Tree Village housing project; and WHEREAS, the pardes agree that a better wall is necessary to reduce conflicts between the occupants of the Lone Tree Village housing project and Dill's property. The construction of a better wall willlessen those conflicts and promote public health and welfare in the area. SENT BY:GREGORY A WHITE B; 1-22-98 4:13PM ; 97066725279 970 586 2816; # 3 NOW, THEREFORE, in consideration of the terms and provisions of this Agreemenr and the above recitals, the parties as follows: Seclion 1. Ar the time of expansion of Dill's kennel facility, Dill shall construct a concrete block wall as the same is more fully set forth on Exhibit "A" attached hereto and incorporated herein by reference. Said wall shall be eight feet in height and built to specification mutually agreed between the Town and Dill. Upon completion of the concrete block wall, the Town shall pay Dill the sum of $10,000. In the event that the total cost for the concrete wall is less than $10,000, including all necessary surveying and excavation, the Town shall pay only the total sum of the project cost In the event that the cost of the concrete wall is greater than $10,000, Dill shall be responsible for the amount over $10,000. Pbor to the payment of the $10,000, the Town shall inspect the project to determine whether or not it is in conformity with the terms and conditions of this Agreement. The Town's payment shall be predicated upon the performance by Dill of the terms and conditions of this i Agreement, The wall shall be built ptiof to or at the same une gs the expansion of the kennel facilities. The expanded kennel facilities shall nor be used undl the wallis completed and has passed the Town's inspecoon. Secdon 2. Dill shall obtain all necessary building permits for the eXpmsion of the kennel and construction of the wall. All costs of said building permits shall be the responsibility of Dill. That potion attributed to the wall shall be considered part of the wall's cost. Secdon 3. Dill shall enlarge the kennel and build the wall in accordance with Dill's own schedule as such schedule may exist from time to time. By enteing into this Agreement, Dill shall not be obligated to enlege the kennel 2 SENT BY:GREGORY A WHITE B; 1-22-98 4:14PM ; 97066725279 970 586 2816;# 4 Seca=A. Following completion of the wall it shall be the responsibilicy of Dill to maintain the wallin good condition and repair for a period of 20 years from the comple€on of the wall. In the event the concrete wall is destroyed by reason of a cause not attributable to negligence on the part o f Dill, the parties shall mutually agree on the reconstrucdon of the wall Section_5. This Agreement shall begin on the day of approval of this Agreement by the Board of Trustees of the Town of Estes Park and shall rerminate on December 31, 1998. This Agreemem may be renewed solely at the option of the Town by notice to owner on or before December lor of each year. This Agreement is subject to annual appropriadons of the payment ser forrh in paragraph 1 by the Town. The Town is not obligated by this Agreement to make any paymcnts in any fiscal year beyond the fiscal year for which the funds are appropriated for the payment thereof or make payments by any funds of the Town other than funds appropriated ,;for the payment of curient expenditures. All payment obligations of the 'fown under this Agreement are from year-[o-year only and do not constitute a muitiple-fiscal year direct or indirect dcb[ or other financial obligarion of the Town. The pardes acknowledge and agree that the payment hereunder shall constitute a current expenditure of the Town payable only in the ·~ fiscal year for which funds are appropriated for the payment thereof. Se=ion-6. The provisions of this Agreement shall consritute a covenant which shall run with the prOperty, a legal descciption of which is set forth on Exhibit «B" attached hereto and incorporated hemin by reference, comprising Dill's property. The burdens and benefits hereof shall bind and inure to each of the parties hereto and all assigns and successors in interest to the parties hereto. 3,(tian-1, This Agreement shall be recorded in the records of the Clerk & Recorder of Larimer County, Colorado. In the event the Town does not renew this Agreement under the terms and conditions of paragraph 5 above, this Agreement shall terminate. 3 SENT BY:GREGORY A WHITE B; 1-22-98 4:15PM ; 97066725274 970 586 2816;# 5 Sedon-8. Subject to the provisions of paragraph 5, the terms of this Agreement shall commence upon the effective date and extend until the 20th anniversary of the effective date unless extended by mutual agreement of the parties. Section-9. For the purposes of this Agreement Dill shall be responsible for all contracts for the construcrion of the wall and all payments for construction. Dill shall hold the Town harmless and indemnify the Town from any and all claims, damages, judgments or other matters arising from the construction of the wall. This indemnity and hold harmless shall include all reasonable attorneys fees and court costs incurred by the Town in the event of any claim by a third patty. Section_10. The Town agrees, other than obtaining the appropriate building permits for the kennel enlargement and the construction of the wall, Dill shall not need any further approval by che Town for enlargement of the kennel and/or the construe€on of the wall. Section 11. Default. In the event ofany default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days' notice in :· writing of said default. If said default is not cured within said 10-day period, this Agreement shall be deemed to have been terminated for said default and the non-defaulting party shall be entitled to all damages incurred by reason of said default, including all reasonable attorneys' fees and court costs. Section 12. Notices. Notices may be affected to eicher party by mailing, by first (:19$6 mail, ro each parry at the addresses provided below: The Town: The Town of Estes Park Attn: Mr. Gary Klaphake P.O. Box 1200 170 McGregor Avenue Estes Park, CO 80517 4 SENT BY:GREGORY A WHITE B; 1-22-98 4:15PM ; 9706672527-4 970 586 2816;# 6 DILL: Dr. Rick L. Dill, d/b/a Animal Medical Center of Estes Park, LTD 1260 Manford Avenue Estes Park, CO Section 13. General Provisions. A. This Agreement shall be governed by the laws of the State of Colorado. Venue of any litigation regarding this Agreement shall be in La~mer County, Colorado. B. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other party shall have any right of action or claim based upon any provisions of this Agreement. This Agreement conscitures a complete and entire undustanding of the parties and supersedes all other agreements eirher oral orin wring between the parties hereto. This Agreement may be amended only in WIiting by the parties hereto. i DR. RICK L. DILL, d/b/a THE TOWN OF ESTES PARK Animal Medical Center of Estes Park, LTD By . BY: ATTEST: By: Vickie O'Connor, Town Clerk 5 RESOLUTION NO. WHEREAS, by the Statutes of the State of Colorado, the 7 th day of April, 1998 is fixed as the time for a regular municipal election to elect three Trustees and vote on one ballot question. WHEREAS, it is the duty of the Board of Trustees to provide for the holding of such an election; and WHEREAS, Section 31-10-401, C.R.S., 1973, allows the Board of Trustees to delegate to the Town Clerk, by Resolution, the authority and responsibility to appoint the Judges of Election. WHEREAS, Section 31-11-111, C.R.S., 1973 allows the Board of Trustees to designate the Town Clerk to fix the ballot title, and the ballot title, as fixed by the Town Clerk, is attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: 1. That a regular municipal election to elect three Trustees shall be held on Tuesday, April 7, 1998. 2. That the only polling place shall be in the Municipal Building: Meeting Room #1 (Administrative Conference Room) for Absentee Voting March 26 through April 3, 1998, and Meeting Room #130 (Board Room) on election day, April 7, 1998, located at 170 MacGregor Ave., Estes Park, Colorado. 3. That the polls on election day shall be open from 7:00 a.m. - 7:00 p.m. 4. That the Global Electronic Voting System "ACCUVOTE" shall be used in the Municipal Election and that the Town Clerk be and is hereby authorized and directed to perform all acts and functions necessary for the use of such voting equipment as required by the laws of the State of Colorado pertaining thereto. 5. That pursuant to Section 31-10-401, C.R.S., 1973, the Board of Trustees delegates to the Town Clerk, by Resolution, the authority and responsibility to appoint the Judges of Election. 6. That the Judges of Election shall receive, for their services, the sum of Seventy-Five Dollars ($75.00) each. 7. That the Town Clerk shall, at the expense of the Town, arrange for such materials and supplies for such election as may be necessary. DATED this day of 1998. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk Exhibit A Ballot Title for Regular Municipal Election April 7, 1998 1. Initiated Ordinance: SHALL THE TOWN OF ESTES PARK LIMIT THE ANNUAL INCREASE IN THE NUMBER OF RESIDENTIAL DWELLING UNITS TO 1% PER YEAR? YES NO INTERGOVERNMENTAL AGREEMENT FOR RENTAL OF VOTING EQUIPMENT This agreement is made effective this day of , 1998, between the BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY, COLORADO ("County"), and the TOWN OF ESTES PARK, COLORADO ("Town"). In consideration of their mutual promises contained herein, the County hereby rents to the Town and the Town rents from the County the following equipment for use in the Town's April 1998 election: 1. Two (2) voting units (ACCU-VOTE), at a charge of $100.00 per unit. A spare printer tape and ribbon for each unit, and two hours of training on ACCU-VOTE operations shall be provided by the County to the Town at no additional charge. 2. Four (4) voting devices at a charge of $10.00 per device. The County will provide an additional two devices as spares, however, the County will not charge for the spares unless they are used by the Town. 3. The County agrees to transport the units and devices to Estes Park on March 23, 1998, at no additional charge. 4. The Town agrees to return the units and devices to the County within five working days after the election to be held on April 7, 1998. 5. The Town agrees to pay for any unit/device repair or replacement cost for damages to the units and/or devices incurred during the rental period. It is agreed the replacement cost of each unit is $6,500.00. The replacement cost of each device is $ 250.00 IN WITNESS WHEREOF, the parties hereto have executed this agreement to be effective upon the date first-above written. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER ATTEST: 41'J.tut ~- 16-2-24«JBy: CD GlA,lij (4_6--A V beputy Cle# of the Board Chair L TOWN OF ESTES PARK ATTEST: By: Town Clerk Mayor DATE ¢ 1 ¥(941 APPROVED AS TO FORM. «-_ County Attorney ~ - jfi-_J BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: Park Wheel Company THE WHEEL 132 E. ELKHORN AVENUE ESTES PARK, COLORADO 80517 LICENSE NO. 03-14465-0000 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ( "the Town"), acting as the Local Licensing Authority, and Park Wheel Company, dba THE WHEEL, 132 E. Elkhorn Ave., Estes Park, Colorado 80517, License No. 03-14465-0000 ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above-named parties submit and agree as follows: 1. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to confront witnesses presented by the Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. . E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to a 20-day suspension of its Tavern Liquor License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's Club Liquor License to take place as follows: Ten days to be served in 2 five-day increments, and ten days to be held in abeyance for 12 months from the date of this Agreement. 4. The parties agree that nothing set forth in this Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's Tavern Liquor License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. DATED this day of , 1998. Park Wheel Company By: Title .L L. ATTEST: By: Corporate Secretary TOWN OF ESTES PARK By: Estes Park Police Department By: Town Clerk ./D EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 47-900. A. Conduct of Establishment. A. Orderliness, loitering, serving of intoxicated persons. Each person licensed under Articles 46, 47 and 48 of Title 12, and any employee or agent of such licensee shall conduct the licensed premises in a decent, orderly and respectable manner, and shall not permit on the licensed premises the serving or loitering of any apparently intoxicated person or habitual drunkard, nor shall the licensee, his employee or agent permit profanity, rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the licensed establishment is located. It is alleged that on or about August 24, 1997, Michael J. Nagl, Matthew P. Taylor, and Steven K. Nagl, all employees of Park Wheel Co., dba. THE WHEEL, did fail to conduct the licensed premise in a decent, respectable and orderly manner. TOWN BOARD MEETING January 27, 1998 Action Item #7 - Show Cause Liquor Hearing. Following Attorney Frey' s opinion concerning information for the packet, I am only providing a copy of the Order to Show Cause and Notice of Hearing. Mr. Frey believes that providing the subsequent police reports could taint your interpretation of the evidence. 1 90* & 7164.444 34.a SE25 Sea. 704 f m 030%ir Flm E Sats. P.,4. Bet...4 50517 El JAN 0 5 1998 11 70: 970-Sg6-4379 ADMIN. DEPT. 74* 970-556-1864 94*«44 4.1995 74:AN#¢442 *rapt *dett Z)£440 70«® 4 Ste, Pa.4 St€4744. €06,4,4 %0517 Dee:* $¥6~:aA *54# Dean.· j 9 4- 6,•mo¢g wad, -g.44 f* 646 4£44£.¢9 6:6•g Ow,46., 74 '2044 Ean t Oda.6'4 Sua46«de. 76446 0# 46.9 kiedetard<4 &46 de ~066€6 044¢t•Nel¢6 6 4 «ag> 4*64«66 44 6, *46,taL•,6,9 0,4.4 €00¢4¢6 6, 04$ 4/:ea. 9 444 60,0«, Nat Meze *te max, e.*64# 4 74 03#4€d &8 4.4 0:60.6; .Sk.46,ag <6,6 64*0 6#up r#e ,«We: O* 4 40%4126 66¢ome £44* 6.4,# 6(6 :b«® 64 6"dhe 6, 66 dummeD. 34 '64# a•d 9,046:0•96 6#e do«g edta#AU,He,cu ;aat*,Eep,62;:* a.d 44«6.e«e~ dee#~ 4,9 'G&ad:'ce"4••,4.4. *6.6,44«6 ¢000,6~40«,00:a., 4:4¢0,0~,eu a.2 4*,gat«,aeme* tteated uet, ed«Ated«44 a.,4 ptateu€04¢464 4 ¢4€00 at¢. 9. addita.. 6.6 44*e zatied Mat 4 Oted 41 Mea #40;04,4 ¢46 44#te ¢04¥. 9 w.*000 474'304ee¢ 540,~46 0#¢44aa,dug 9600¢ 40,0* e*.et¢, cuu 440060,4 6*8, 9 4 04 €00,4€dma¢60* 440«U 4 eake® 09 46 46,ee* Mat eo«U 66 e#eeted 4 ¢4 de€24£04.. ~~V4U9 /' All- BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: Park Wheel Company THE WHEEL 132 E. ELKHORN AVENUE ESTES.PARK, COLORADO 80517 LICENSE NO. 03-14465-0000 WHEREAS, it has been made to appear to the Board of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "A " ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT "B" AND INCORPORATED HEREIN BY REFERENCE IS A COPY OF THE FIELD INCIDENT REPORT OF THE ESTES PARK POLICE DEPARTMENT. NOW, THEREFORE, you are hereby ordered to appear before this Board at the Board Room of the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on Tuesday, December 9, 1997 at 7:30 p.m., or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed and delivered to the above-mentioned licensee. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this r-24 * day o f .t) , 1997. TOWN OF ESTES PARK By: TE.- O -e- Town Clerk . EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 47-900. A. Conduct of Establishment. A. Orderliness, loitering, serving of intoxicated persons. Each person licensed under Articles 46, 47 and 48 of Title 12, and any employee or agent of such licensee shall conduct the licensed premises in a decent, orderly and respectable manner, and shall not permit on the licensed premises the serving or loitering of any apparently intoxicated person or habitual drunkard, nor shall the licensee, his employee or agent permit profanity, rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in ' which the licensed establishment is located. It is alleged that on or about August 24, 1997, Michael J. Nagl, Matthew P. Taylor, and Steven K. Nagl, all employees of Park Wheel Co., dba THE WHEEL, did fail to conduct the licensed premise in a decent, respectable and orderly manner. 1 . ROY ROMER Qovernor 47402&!Ma DEPARTMENT OF LABOR AND EMPLOYMENT N NUMAIR (*lgER)*, DIVISION OF WORKERS'COMPENSATION ecutive Director ~~24*25/*1 EMPLOYER SERVICES MARY ANN WHITESIDE 1515 ARAPAHOE ST., T2-600 Director DENVER, C080202-2117 EZE@IEEFFEp~ Phone: (303) 575-8873 Fax: (303) 575-8883 0 JAN 1., 1998 ~ ADMIN. DEPT. January 12, 1998 Mr. Richard Widmer Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Mr. Widmer: The staff at the Division of Workers' Compensation Premium Cost Containment Program congratulates you on your certificate renewal in the Premium Cost Containment Program. Your Premium Cost Containment Certificate is enclosed. The certificate is effective for a one year period beginning January 8, 1998. This certificate provides eligibility for an additional 5% premium reduction through you insurance carrier, effective with your next policy renewal. This premium reduction may not apply if your injuries and related costs have increased since your last policy renewal date. Be sure to advise your insurance carrier that you have received this certificate. Again, congratulations on making risk management an important aspect of your business. Sin~~rely, t:- Paul Tauriello Cost Containment Advisor PT/ j o "4111/#"„ ~«9,'*.· 129(MM;·(M+01*MMMXM><WHNX:·04&>4~1>1>04>4>·(>:MXK"HHHXXXXHXHHMH>·1>1;-IMMHKHHHIMMMHHHAMMAKMABYHH;4> 41 ..5946 + r E Ch -'. ig 25 9% X STATE OF COLORADO M *7 V t. 1,9. 42%2N>.*Vqh 94.64 c ¢ 47343*y EF-- ti-62 --~%-06£L..A /- I ./ 1 8. 14%3.- .*21+ 4 ¥»>Af w · · 1. ·g'g'- j. Vi'...r R %9*1 1.ir=€ X \* ~LNE N\)8~ / 8 5#29 41876~i·f 12 ..4.83:f» 2 + 4.0. 432:*3 - X L 70,« 1*~ X v -103 45- =333.Y 2 X 2 50-Fla 2:LAS DEPARTMENT OF LABOR AND EMPLOYMENT X 12 :31= ES=-··'Q>2 x DIVISION OF WORKERS' COMPENSATION i &,g#*S·. .*** X K ).4.>P:. 4*hy i ~ t.**fs. PREMIUM COST CONTAINMENT ~012 F ~445*. " 4,1:335 7009'/VAL A X , CERTIFICATE Ah'•24 X y ,/24,4 . .../.. .-LI 265-; ~ l k r.r, AES -23 A te X 322:-= St»*5,~ e , 7 9,1. I . ·A·,·I /6.0.4 8 :,/ -: 29214. In consideration that To\Nn of Fstes Park has met all of the Workers'Compensation Cost Containment Program requirements, 9 66.------- I.N. (X-33 :c .r'. EME the employer is hereby granted certified status beginning January 8.1998 fhat. il 4 for a period of one year. 4:%0'44'. 52*9.-33 E.Y:21 "Age= - 24,0 4 t -*93° »692,1.? ~ This certificate is granted subject to the provisions of the Workers' Compensation y .*,pap.. 11 Act, as it now exists or as it may from time to time be amended, and also subject , fl- ,„, Rat Y 5 6 N *yfiti 2 . to the rules and regulations of the Cost Containment Board, as they now exist or 6 *72 22= 4 .7:r.*ES may from time to time be made, altered, or amended. E GK. I : 7.,fiN'N,·. *ff 48% x B 03% -33-Ast K 12 (*Rip-- 9 1 -42§ Ap 1 »* i ./·:<'.4491 L# *024.-i?~96 ¢ :ly29*- / 49 b..18$34 ·22£ Ai~% .C 4-Y N X i 4 &742 6 By By N ;73'4*2 Directorf·division of Workers' Compensalion Workers' Compensation Cost Containment Board E :10>464 4** 6 A-12 X F 49>2 0 44 OVHXXHXXHHXHWHX>*0:HHH>OCHXHXXXXXH>C·~MHHHXHHHXHXHHH>OiR>·0:XMKH)1>1>4*>0:XHXMXXXHHHHRH; 6 iA34,%., »09*'30.»-0-79 0, 1.1.1 , •5~4)YI P 4 1.0,/.0.1... '.1'.1.0,%.. ~" '13)' " '' '' 'ti:'" -" ~tht,kil '~· ..51,1.'X>AX»<. , 4.f, AH 0 41:0*42:i>·<P 9820. »h 2: d 1,1 7.1,