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Home My WebLink AboutPACKET Town Board 1998-07-14i Prepared 7/09/98 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, July 14, 1998 **6:30 p.m. (Note special meeting time) AGENDA **Mayor Dekker: Open meeting and request to enter Executive Session to receive an update on land negotiations. PUBLIC COMMENT: TOWN BOARD COMMENTS: CONSENT CALENDAR: 1. Town Board Minutes dated June 9, 1998. 2. Bills. 3. Committee Minutes: A. Light & Power, June 11, 1998 - Approval of Expenditures: 1. Pine Valley 3-Phase Conversion Project with Electrical Systems Consultants for Design, $18,000. B. Public Works, June 18, 1998 - Approval of Expenditures: 1. 1998 Water Dept. Loop Project Bid, Kitchen & Co., $217,721 and BT Construction, $279,080. C. Community Development, June 25, 1998. D. Public Safety, July 2, 1998. 1. Memorandum of Understanding between RMNP and Town of Estes Park (Estes Park Volunteer Fire Dept.). 4. Introduction of the 1997 Editions of the Uniform Building, Plumbing, Mechanical and Abatement of Dangerous Building Codes - Set August 11, 1998 as Public Hearing date for consideration of said Codes. 5. Resolution #8-98 - Intent to Annex Homestead Ridge Addition, set Town Board Public Hearing for August 25, 1998; and refer Annexation Plat to Planning Commission. 6. Mayor: Open Public Hearing and ask if there are any persons who would like to speak to the Amended Plat listed below. If not, the Plat will remain on the Consent Agenda. l A. Public Hearing: Amended Plat of a Portion of Lot 13, South Saint Vrain Addition, Robert L. & Carolyn Strom/Applicants. ACTION ITEMS: 1. Presentation of Operating Budgets for last half of 1998 and all of 1999, and Revised Organizational Chart for Senior Center - Town Administrator Klaphake. 2. PRPA Organic Contract and Power Supply Contract - Mayor Dekker. 3. Development Plan - Cedar Ridge, Lot 1, Beaver Point, Third Addition - Appeal Planning Commission Recommendation - Sr. Planner Joseph. 4. Liquor Licensing - Clerk O'Connor: A. Special Event Malt, Vinous and Spirituous Liquor Permit filed by the Estes Park Lions Club for the 4 th Annual Brewfest, August 22, 1998, 11:00 a.m. - 6:00 p.m., 470 Prospect Village Dr. B. Special Event Malt, Vinous and Spirituous Liquor Permit filed by the Longs Peak Scottish/Irish Highland Festival, September 12 & 13, 1998, Stanley Park Ball field and Rodeo Grounds. 5. Town Administrator's Report: A. -2- t Town of Estes Park, Larimer County, Colorado, June 9,1998 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 gth day of June, 1998. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek Lori Jeffrey William J. Marshall Also Present: Gary F. Klaphake, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: George J. Hix, Trustee Mayor Dekker called the meeting to order at 7:30 p.m. PUBLIC COMMENT: None. TOWN BOARD COMMENTS: None. CONSENT CALENDAR: 1. Town Board Minutes dated May 26, 1998. 2. Bills. 3. Committee Minutes: A. Light and Power, May 28, 1998 - Approval of Expenditures: 1. 3-Reel Wire Trailer. 2. Meadowdale Hills & The Retreat 3-Phase Conversion Projects. 3. Settlement Agreement/PCB, Inc. 4. Estes Substation Transformer. B. Public Safety, June 4, 1998. C. Planning Commission, May 19, 1998. D. Board of Adjustment, June 2, 1998 (acknowledgment only). Mayor Dekker opened the Public Hearing for the following Amended Plat, and asked if there were any persons who would like to speak to this Amended Plat. As there were none, the Plat remained on the Consent Agenda. 4. Amended Plat of Lot 2, Arapaho Estates, Second Filing, Robert Koehler/Applicant. Board of Trustees - June 9, 1998 - Page 2 5. Amended Plat of a Portion of Lot 13, South Saint Vrain Addition, Robert & Carolyn Strom/Applicants - Continue to July 14, 1998. 6. Special Review #98-04 for Portion of Lots 3 and 4, Riverside Subdivision, First Christian Church/Applicant - Withdrawn by Applicant. It was moved and seconded (Doylen/Barker) the Consent Calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Resolution #7-98- CDOT Enhancement Fund Contract for Lake Estes/Wapiti Meadows, Phase V, $95,000 Grant. Public Works Director Linnane advised that this $95,000 grant between CDOT, the EVRPD and the Town includes a minimum 20% match (EVRPD & Town). Certain CDOT deadlines are critical to ensure construction can begin by August 10, 1998 and completed prior to winter. Staff anticipates presenting the construction bids at the July 14th Town Board meeting. The Resolution was read in full, and it was moved and seconded (Baudek/Marshall) Resolution #7-98 for the CDOT Enhancement Fund Contract - Lake Estes/Wapiti Meadows, Phase V Project be approved, and it passed unanimously. Administrator Klaphake commended Director Linnane for preparing the grant application under a short time-frame; EVRPD Executive Director Gengler also received credit for achievement. 2. Engineering Scope of Services for Hwy. 34/36 Intersection Project - RMC. The cost for the preliminary design scope of services submitted by RMC is $30,350. Public Works Director Linnane reported that information contained in the preliminary scope will overlap for some information needed for final design, such as survey, final design base map, etc. Staff reviewed the $1.1 Million Dollar CDOT Project and presented sketches for the "base project" which includes the bridge, pedestrian underpass and acceleration lane, and alternative add-on's 1-4. Staff has reviewed all options, and believes all of the alternatives deserve thorough review. Administrator Klaphake confirmed "phasing" could be implemented for construction. The $1.1 Million should be available 10/1/98, and the bid should be awarded by 10/1/99. This time-frame should allow the Town Board an opportunity to make their funding choices for the 1999 Budget. Following discussion, it was moved and seconded (Baudek/ Doylen) the RMC Scope of Services for $30,350 be approved, and it passed unanimously. 3. Presentation of Estes Park Area Museum Facility Study - Aller-Lingle Architects. Administrator Klaphake introduced David Steiner, Museum Board Member, who offered a history of the Museum buildingÂ·itself and reasoning behind the facility study. Brad Massey/Aller-Lingle, noted that the Study is an ambitious project which includes additions over 4 phases for completion by 2004. The Phase I Addition includes a vestibule, corridor, public restrooms, bookstore remodel, and rear entry door and sidelite installation; Phase II Addition includes a multi-purpose meeting room, kitchen area, storage, mechanical, exterior covered patio and 11 Board of Trustees - June 9, 1998 - Page 3 exhibit addition, new roof and exterior finishes, and expanded parking lot; the Phase III Addition includes exhibit storage addition, and remodel of the offices, and exhibit preparation remodel; and the Phase IV Addition includes exhibit storage and exterior covered exhibit addition. A schematic drawing was presented and reviewed. The study confirmed the building is lacking in support facilities. Trustee Doylen noted that the Museum stores a significant portion of their collection in the former Light and Power shop facility, and this site is not necessarily acceptable, collection items are difficult to move, and it is not efficiently utilized. The cost estimate for all four phases is $635,629; if the building were newly constructed, the cost is estimated at $996,721. Staff noted that if the exhibit storage addition and exterior covered exhibit addition area were subtracted (Ph. 4), the cost is similar to what is being paid for the Senior Center Addition; the "shared campus" with the Senior Center is ideal relative to peak loading; and it is important to achieve curb-side appeal at this entrance to Estes Park. Mr. Massey confirmed that the price of $120.00/sq. ft. is reasonable. Administrator Klaphake also reported that there are substantial opportunities for the Friends of the Museum to fund this project due to private partnering; however, donations cannot be secured without benefit of a Plan. Mr. Steiner pointed out that the multi-purpose room, etc. truly perform a tremendous function as there is a need to secure space to showcase what the Museum is, what they do, etc. In addition, the building could be made available to the community. Mr. Steiner confirmed that the community, not only the Friends, have met funding challenges in the past, and they expect the same to occur in future fund drives. Mr. Massey confirmed that the Study does verify that the Museum can stay and utilize its existing site, and the building Â· is viable for at least another 30 years. Mayor Dekker commented that the Museum should be "first class, something to be proud of", and Trustee Jeffrey noted that the Town should not miss this opportunity to support the Museum. Mayor Dekker thanked all the presenters and accepted the Study on behalf of the Town. 4. Resolution #8-98 Support of the Estes Valley Land Trust Conservation Easement for the Smitherman property. Town Administrator Klaphake reported that Larimer County, the EVLT and State have reached goal congruence, further details will be released by the EVLT, and the Town's Resolution is no longer necessary. 5. Transfer of Ownership from John and Donna Sinnott to Donna Sinnott, dba MAMA' S ROSE' S RESTAURANT, Hotel and Restaurant License, 338 E. Elkhorn Ave. It was moved and seconded (Doylen/Barker) the Transfer of Ownership be approved, and it passed unanimously. 6. Real Estate Contract for Lot 1, Birch Resubdivision (Bikle Property). Town Attorney White briefed the Trustees on this Contract: the site is approximately .9 acres, and the purchase price is $135,000. Closing is scheduled July 10, 1998, subject to Mr. Bikle providing title insurance. Administrator Klaphake reported that funding will be provided by the Town's portion of the County's Open Space Board of Trustees - June 9, 1998 - Page 4 Tax Fund, and this expenditure will consume the Town's allotment for the 8-yr. tax commitment. The property was listed for $170,000 and the Town offered $135,000. Attorney White confirmed the owner has executed the Purchase Agreement. It was moved and seconded (Marshall/ Jeffrey ) the Real Estate Contract between Fred Bikle and the Town for Lot 1, Birch Resubdivision, for $135,000 be approved, and it passed unanimously. Staff reported that the Finance Officer will include this expenditure in upcoming 1998 Budget Amendments. 7. Town Administrator's Report: A. Estes Park Senior Center Remodeling Project - Approval of Change Order #1 for Kitchen Equipment Contract = Net Deduct of $5,937.00, and Change Order #2 for Addition Contract = Net Addition of $3,746.00. It was moved and seconded (Marshall/Jeffrey) the change orders as identified above be approved, and it passed unanimously. Construction is running ahead of schedule, and staff does not expect any further change orders. The Mayor's Contingency Fund Will be reimbursed by the Seniors. At the July 14 th Town Board meeting, Senior Center representatives and staff will present operating budgets for the last half of 1998 and all of 1999. B. Food Tax Refund Report. Clerk O'Connor reported that there were a total of 141 Food Tax Refund Applications this year: 58 families, 22 disabled, and 61 elderly. The 1998 Budget was $21,180, and $21,000 was expended. Customer service was improved by modifying the application forms. Single-parent income has significantly decreased over the Program's life-span; Trustee Doylen expressed her concern with the family income reported for the working needy. 8. It was moved and seconded (Doylen/Barker) the Board enter Executive Session to receive an update on land negotiations, and it passed unanimously. NOTE: Due to a Town Board scheduling conflict, the June 23rd Town Board meeting has been canceled. Following completion of all agenda items, Mayor Dekker adjourned the meeting at 8:45 p.m. to Executive Session. Mayor Town Clerk BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Light and Power Committee June 11, 1998 Committee: Chairman Hix, Trustees Barker and Jeffrey Attending: All Also Attending: Assistant Town Administrator Widmer, Light & Power Director Matzke, and Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:00 a.m. PRPA Organic Contract - Authorization to Execute Amended Contract Assistant Administrator Widmer explained that, due to the rapidly changing utility industry, Platte River wishes to broaden the scope of purpose under the organic contract, and extend the expiration of both the organic and the power supply contract from December 31, 2020 to December 31, 2040. The revised contracts would include additional services and remove the wholesale limitation. Wholesale power costs to member cities will not be impacted by these changes. The contract extensions would allow PRPA greater flexibility in obtaining long-term financing. There is no impact on the current and future budgets. The Committee recommends approval of the amended and restated organic contract establishing Plate River Power Authority as a separate governmental entity and the amended contract for the supply of electric power and energy, extending the expiration date of both contracts to December 31, 2040. Estes Substation - Authorize Staff to Develop Implementation Plan Director Matzke explained that the Long-Range Plan included two alternatives to either rebuild the present Estes Substation or build a new station adjacent to the Estes Power Plant Switchyard. The Board had previously agreed that relocating the substation would be beneficial because of land value at the present location, overhead line removal, improved reliability without additional transmission lines, and the ability to provide continual power during construction. The engineer's estimate for the total project cost is $3,179,000. Due to the long lead-time - required to bring this project to fruition, initial planning needs to begin soon. Recent outages at Estes Substation have reinforced the importance of the reliability of the station. Electrical Systems Consultants is developing a proposed scope of services including a site requirement report and preliminary layout. There may also be legal costs associated with preparation of the special use permit with the Bureau of Reclamation. The 1998 budget for Engineering Services is $15,000. The Committee recommends the Town staff develop an implementation plan and schedule for the Estes Substation Replacement project and return the scope of services proposal to the Committee for approval. Intermountain CableComm - Notification of Rate Increase Michael Pfeiler, District Manager of Fanch Communications and representative of Intermountain CableComm, explained CableComm's recent upgrades including billing and telephone systems, employee BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Light & Power Committee, June 11, 1998 - Page 2 training, system improvements, and additional channels. Due to additional costs of providing cable in mountain communities, a rate increase took effect June 1, raising the basic cable cost $3.00 per month and installation charges to $69.95. Mr. Pfeiler explained that present technology does not allow basic cable to be programmed per customer requests. Trustee Barker expressed his frustration regarding service through the 800 number. Mr. Pfeiler explained that FCC guidelines require a response regarding audio or video loss within 24 hours. Assistant Administrator Widmer is the local contact person for cable complaints. The Town chose not to have control over cable television rates, because this involvement would require certification and additional staff. Upon Mr. Pfeiler's suggestion, the Committee recommends the Town write a letter to CableComm expressing concern regarding service complaints. Pine Valley Three-Phase Conversion Project - Approve Engineering Scope of Services Director Matzke explained that this project was recommended in the Long Range Plan and involves conversion of 1.8 miles of single phase #6 copper overhead line to three phase #1/0 aluminum conductor east of Allenspark. Electrical Systems Consultants has proposed to design the line and staking sheets at a cost of $18,000. This project was not budgeted in 1998; however, the Meadowdale Hills and Retreat projects are $47,940.15 under budget. The Committee recommends Town staff request Electrical Systems Consultants complete the line design and staking sheets for the Pine Valley three-phase conversion project for a total cost of $18,000, and that Staff negotiate a contract proposal with TSI (the contractor for Meadowdale Hills and the Retreat) for presentation at a future Committee meeting. REPORTS Platte River Report: Assistant Administrator Widmer reported that the Board had a presentation by the Colorado PUC staff regarding their Retail Wheeling Study, has adopted the 1998 Strategic Financial Plan, explained that PRPA owns two wind turbines in Wyoming as a result of contractor bankruptcy, and that an arson dog is available for use by member cities. Director Matzke presented the May Financial Reports. Project Updates: All transformers at Marys Lake Substation are in service and all load has been transferred from the portable substation. The 69KV line between Marys Lake and the Estes Power Plant is being rebuilt. WAPA's overhead 6900 volt lines have been removed along Peak View. Fiber installation progress was explained. The Committee will tour the Fall River Hydro Plant following the meeting. Chairman Hix adjourned the meeting at 8:55 a.m. -11-a- KJU Tina Kuehl, Deputy Town Clerk TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Dekker and Board ofTrustees From: Richard E. Matzke-7(ZÂ»- Date: June 10, 1998 Re: Pine Valley Three Phase Conversion Project (Long Range Plan) Approve Scope of Services for Engineering BACKGROUND: This project which was recommended in the Long Range Plan involves the conversion of 1.8 miles of single phase #6 copper overhead line to three phase #1/0 aluminum conductor east ofAllenspark. Attached is the narrative from the Long Range Plan regarding this project. This project was originally funded in the 1997 budget but was not done. There is no - specific funding in the 1998 budget for this project but the total cost of the Meadowdale Hills and Retreat project will be significantly under budget to allow funding ofthe engineering cost ofthe Pine Valley project. Electrical Systems Consultants (ESC) has proposed to perform the line design and staking sheets for the project for a cost of $18,000. When the design is complete, we hope to negotiate with TSI, Inc. the contractor for the Meadowdale Hills and Retreat projects to construct the Pine Valley project at the same unit prices. Staffwould then bring a recommendation back to the Committee. BUDGET/COST: The 1998 budget includes $465,000 for the Meadowdale Hills and Retreat three phase conversion projects. The estimated total cost ofthese projects is $417,059.85 or $47,940.15 under budget. RECOMMENDATION: The Light and Power Department recommends that the Town engage ESC to perform the line design and staking sheets for the Pine Valley three phase conversion project for a cost of $18,000 and return a construction contract proposal to the Committee at a future meeting. REM 4-1 IRADFORIPUBLISHING.0. RECORD OF PROCEEDINGS Public Works Committee June 18, 1998 Committee: Chairman Baudek, Trustees Barker and Jeffrey Attending: Chairman Baudek, Trustee Jeffrey Also Attending: Public Works Director Linnane, Water Supt. Goehring, Facility Manager Sievers, Kerry Prochaska/RMC, Clerk O'Connor Absent: Trustee Barker, Administrator Klaphake Chairman Baudek called the meeting to order at 3:30 p.m. 1. 1998 WATER DEPT. LOOP PROJECT - REQUEST TO AWARD BID. The Water Dept. received bids to construct the following three budgeted water projects: Big Horn 12", Phase III, Northern Interconnect, Phase II, and Big Thompson/Village Green. A Project location map was provided. Bids were solicited and interest was indicated by BT Construction, Weinland Const., and Kitchen & CO. Although interest was shown by these companies, Kitchen was the only actual bidder with the following prices: Big Horn $138,834 Northern Interconnect 78,887 Big Thompson 352,320 Total $570,041 Project specifications required that all asphalt work be completed before November, 1998. Kitchen qualified their bid by stating that the Village Green water line would be completed by January, 1999, which would result in a dirt road all winter, with asphalt to be completed the Spring of 1999. Since the asphalt portion of the Village Green line was unacceptable, and also the bid for that portion was high, RMC contacted the other two previously interested companies. BT Construction was interested and a price of $279,080 was negotiated. Depending upon the weather, BT Construction stated that they could complete the asphalt work by 11/98 for the Big Thompson/Village Green portion of the Project. Kitchen has agreed with allowing BT Construction to perform the Big Thompson/Village Green portion. ~Based on the above, staff is requesting approval of the following bid prices: Kitchen & Company: Big Horn 12" $138,834 Northern Interconnect, Ph. II 78,887 $217,721 BT Construction: Big Thompson 12"/Village Green $279,080 279,080 Total: $496,801 BRADFORIPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee - June 18, 1998 - Page 2 All unit costs were close to RMC's engineer's estimate, and the engineer's estimate was based on the Town's previous three years construction projects. At the April 23 Ed Public Works Committee meeting, the Committee approved expanding the original Big Â· Thompson water line project to include the longer Village Green alignment due to the fact that the old 2" Village Green Lane line could be replaced which would result in two old line replacements instead of just one. At that time, staff reported that an additional project cost would be approximately $75, 000, and the Committee approved proceeding with the new Village Green alignment. Staff confirmed that this bidding process has been reviewed by Town Attorney White, and that the budgeted amount was $405,000. The $92,801 overage can be supplemented in the budget process and accommodated by the Water Dept. Fund Cash Balance. Director Linnane briefed the Committee on the Policy relative to liquidated damages, and that liquidated damages are not included in the contract; Also, delays with the proposed asphalt work could be encountered due to inclement weather. The Committee recommends approval of staff's request, awarding the bids as noted above, for a total budget expenditure of $496,801. Change Orders might increase this amount, and they will be submitted to the Committee for review, should any occur. 2. CANCELLATION OF COMMITTEE MEETING. Pursuant to the lack of agenda items projected for the July 16th Public Works Committee meeting, staff suggested the meeting be canceled. The Committee recommends accepting Staff's suggestion, canceling the 7/16/98 Committee meeting. Discussion followed on the August 17th meeting where the Street Overlay Bids will be considered. 3. REPORTS. The Committee reviewed the Customer Service Response reports for May, 1988. Lake Estes Trail/Wapiti Meadows Update: A delay has occurred concerning the Review Plans, and the project could not be advertised as earlier believed. Construction is now anticipated to begin approximately the second week of September in lieu of August. There being no further business, Chairman Baudek adjourned the meeting at 3:50 p.m. qf-$1 (12-*akj Vickie O'Connor, CMC/AAE, Town Clerk TOWN of ESTES PARK Inter Office Memorandum June 17, 1998 TO: Public Works Conunittee/Town Board FROM: Bill Iinnane ~~ SUBJECT: Water Department 1998 Water Line Looping Projects Backzround The Water Department received bids to construct three budgeted water line projects at the following locations and as shown on the attached map: 1) Big Horn 12" Phase 3; 2) Northern Interconnect Phase 2; and 3) Big Thompson/Village Green 12". Bids were solicited and interest was indicated by BT Construction, Weinland Construction, and Kitchen & Company. Although interest was shown by 3 companies, Kitchen was the only bidder. .A~,112191@mar ....1 1-â€ž 41- ..+-1...1- i Ill.IT -.----, 11.- 111 - -- _lL .u- -- f.lk.s: 1) Big Hom 12" $ 138,834 2) Northern Interconnect Phase 2 $ 78,887 3) Big Thompson/Village Green 12" $ 352,320 Total $ 570,041 The project specifications required that all asphalt work would be completed before November 1998. I<itcten qualified his bid by stating that the Village Green water line would be in by January 1999, which would result in a dirt road all winter with asphalt to be completed the Spring of 1999. (continued on Page 2) Budget/Cost Budget $ 405,000 Cost $ 496,801 Recommendation At the April P.W.C. meeting, the committee approved expanding the scope of the Big Thompson line at a rough estimate of $75,000 increase to construction cost The actual bid results are approximately $92,000 over budget Since all 3 projects are very important and since the negotiated and bid prices are in line with previous years prices, staff is recommending awarding the contract to BT and I<itchen at a total price of $ 496,801. The $92,000 excess can be supplemented in the budget process and accommodated by the Water fund cash balance. f . 1-1 Background (continued from Page 1) Since the asphalt portion of the Village Green line was unacceptable and also, the bid for that portion was very high, RMC contacted the other 2 previously interested companies, Weinland and BT. BT was interested and a price of $ 279,080 was negotiated. 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CLEARWELL HWL 79 1.-P I Y 1 10,Â·Â·0;7:7=.rALE B 4 7%0*ip 594 ~Viu.*G 42,1 1" 4, M Â·r f .0. 1-1 1 j. 3 .Â· 1 -i , .. ; 1. 6--6 -:,.~~ --1-- 115*td ,~ il:Â·3 .~j:Â·1 .Â·il 1. 1 ..; '.1. 1.1.1.1 1. 7. ... 1 .. 1[.1/ .1 1 - 1 1 1 L ' - IN'....â€¢9â€¢6:t.~4:4'>fâ‚¬Â·U : '1 -4...i.-i"'0" â€¢k- ., h.|â€¢ I-1- I-1 .97Mt'P.'1â€¢ : Â·4Â· ,Â·2'48*BUL!;4*;1 "41 " : f r 1Â·Â·Ad"'"Ill]Â· 125,000 GALLON ~ 0, A ,..".... ... .R: 1 41 .. .r 't .6. 1 Â· :' 14Â·rÂ·Â¢Â·*457, 33Â£'/A .... li t. -4% ' I. . ,000 GAUDN .. --------r----- 1 : Â·:=*Â· 0 4,Â· 'UÂ· 'r.lt- m.:r.r:-rnE -~rr., r 1 TANK HWL BI61 I " a . Â· 't r 1-1 --" T 1 I . t- 1'-Di Â·.r--d ' I-'{5!j,- I"T Â·Â·Â·L,-1 '' '* ~'t ':''**r4/ -c 1-3 BRADFOROPUSLISHING,0. RECORD OF PROCEEDINGS Community Development Committee I June 25, 1998 Committee: Chairman Barker, Trustees Doylen and Marshall Attending: Chairman Barker, Trustee Doylen Also Attending: Ass't. Administrator Widmer, Directors Hinze and Pickering, Advertising Manager Marsh, Museum Curator Goetze, Clerk O'Connor Absent: Trustee Marshall, Directors Kilsdonk and Stamey Chairman Barker called the meeting to order at 8:00 a.m. COMMUNITY DEVELOPMENT. 1.a. Community Profile. The Committee received the updated Edition of the Community Profile, dated May 1998. Concern has been raised that the Profile does not include a listing for Channel 8 under the Media Section. This will be addressed by adding stickers to the supply on hand. MARKETING. 2.a. 1998 Advertising Report: Manager Marsh presented the following data and reviewed associated graphs: May 31, 1998 1997 % Change Requests for Information 35,614 36,187 -1.5% Wats Line Calls 20,677 25,093 -17.6% Magazine Ad Responses +3% Staff also reviewed Television Advertising and the Virtual Visitors Guide. Conversion Study. The Committee received the 1998 Conversion Study as prepared by RRC Associates. Staff highlighted various statistics, and noted that certain data from this study has already been incorporated into the Marketing Advisory Council's Marketing strategy. Focus Group Research. Three focus group sessions were completed in April, and survey data is being processing this week. Preliminary information derived from this study is being incorporated into the 1998 regional advertising (includes television), and the 1999 out- of-state advertising. Manager Marsh will give the Committee a final update in the near future. 2.b. Conference Center Report. Director Pickering distributed copies of the April, 1998 Edition of "The New Colorado", a Destination Update for the Association of Meeting Professionals. Estes Park was featured in the publication, and it is distributed to 30,000 executives throughout the country. A cooperative partnership with 4 area accommodations shared the advertising expense. This publication generated 50 direct leads to Estes Park, and this is the second year the Town participated in this advertisement. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - June 25, 1998 - Page 2 The "Destination Colorado" for corporate meeting planners has 60 members, and Estes Park recently became a member. The distribution for this publication is 150,000. Estes Park was featured in this booklet, with a resultant 200 leads. All conference attendees receive a merchant guide (with various discounts) and a restaurant guide/map-both are presented to conferees. The goal of these flyers is to encourage attendees to get into the community. The merchant guide was the largest ever with 65 local businesses included this year. Conference Coordinator Larsen received commendation for her work on these guides. Two conferee user surveys were reviewed. American Hiking Society and the American Legion; the surveys provide valuable information. Director Pickering recently attended the State Firefighters Conference in Alamosa. Estes Park will be hosting this conference in 1999. Staff encouraged the community to attend the various competitions next year. A Conference Committee has been established by MAC; this group is reviewing trade magazines, and are exploring community ads. The cost for such ads would be shared by all properties. MUSEUM. 3.a. Monthly Report. Activities include: June 28 th is the last for the Lyman Byxbe Exhibit in the Museum's main gallery. During Rooftop Rodeo Week July 7 - 12, the Museum is offering free admission to anyone in western attire. The "Behind the Chutes" Rooftop Rodeo tour with Gary O'Connor on July 9 th is free, however, participants must call the Museum for reservations. On July 10% in the main museum gallery, the "Rocky Ridge Music Center, Then and Now" Exhibit will open. The exhibit tells the story of the Hewes Kirkwood Inn, its evolution into the Rocky Ridge Music Center, and current efforts to restore original inn structures with the help of the State Historical Fund. The exhibit is being sponsored by the Friends of the Museum and members of the Hewes Family. The day's activities were highlighted. Created through the Lazy Easel Children's Workshop, a free show of children' s western art is being presented July 19th. A public reception is from 2:00-4:00 p.m. Dr. James Pickering is lecturing on July 24th on the "Evolution of a Mountain Inn" (the story of the Hewes Kirkwood Inn) in the Municipal Building, Room 203 at 7:00 p.m. The 7th Annual Riverside Dance is scheduled July 25th at the Conference Center. This fund-raiser for the Friends is $15.00/single, and $30.00/couple. The History Camp (at MacGregor Ranch), Session I is scheduled July 27-31. Attendance data for April and May was reviewed. The American Association for State and Local History announced that the Estes Park Area Historical Museum is the recipient of a Certificate of Commendation for the Exhibit "Tracks in Time." The Annual Awards Program is the most prestigious recognition for achievement in the preservation and interpretation of local, state, BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS Community Development Committee - June 25, 1998 - Page 3 and regional history. Awards for 1998 represent 71 organizations and individuals from the U.S. Chairman Barker commended staff for their successful Outreach Program, noting that the Museum recently hosted a Chamber After- hours event. SPECIAL EVENTS. 4.a. Event Evaluations. The following events were critiqued: â€¢ Wool Market, June 4-7. 1998 marked the 8 th year for this event. Exhibit quality is the major objective. Attendance was lower somewhat due to television reports of several inches of snow (6/4). In 1999, due to the school year being extended to June 11th, the event will move to the thirdÂ· week in June. The Estes Park Wool Market has become one of the top three fiber festivals in the U.S. â€¢ Colorful Colorado Quarter Horse Show, June 18-21. Since 1990, this show has grown from a 2-day show to a 4-day show. Weather was good this year, and participants were up due to a change in dates with the Miniature Horse Show. â€¢ Big Horn Challenge, June 20th. This second-year event is a benefit run/walk for United Cerebral Palsy of Colorado. The Police Dept. gave the organizers a good rating.Â· Participants were up this year. â€¢ Denver Post Ride the Rockies, June 21-22. This event includes Estes Park on their route on an irregular basis. Staff suggests this event be held either before or after the Tourist Season, with no direct expenses to the Town. Approximately 2,000 racers participated, and staff has received favorable comments from restaurants. The Sunrise Rotary Club was commended for their participation in hosting a dinner and special event in Bond Park. Staff requested community feedback, specifically from merchants. Upcoming events include the Miniature Horse Show that will present shows this weekend; next week the Arabians will be arriving for their 50th year-the Town is hosting an Ice Cream Social for them next Friday. The Rooftop Rodeo is scheduled July 7th through the 12% with the Parade on July 7th. There being no further business, Chairman Barker adjourned the meeting at 8:55 a.m. 4736-6 0-16#u) Vickie O'Connor, CMC/APE, Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Safety Committee July 2, 1998 Committee: Chairman Marshall, Trustees Baudek and Hix Attending: Chairman Marshall, Trustee Hix Also Attending: Ass't. Town Administrator Widmer, Police Chief Repola, Fire Chief Dorman, Clerk O'Connor Absent: Trustee Baudek Chairman Marshall called the meeting to order at 8:00 a.m. FIRE DEPARTMENT. 1. Memorandum of Understanding (MOU) with RMNP. The Committee reviewed the MOU whereby the Fire Dept. will provide personal services and equipment for both structural fire and wildfire suppression, and the protection of life and property from fire on RMNP property. The MOU was reviewed by Town Attorney White for content. The Committee recommends approval of the MOU as presented. 2.A. Firefighter Accountability System. Fire Chief Dorman reviewed the tagging system that has been implemented to monitor which firefighter is on the scene. Two tags will be used, and the color signifies the level of training; both tags will have personal identification information. The Fire Safety Officer will then know at-a-glance each person's qualifications, and also be able to easily identify if any personnel are unaccounted for. The Committee commended the Chief on the implementation of this procedure. 3. Prescribed Burn for Crosier Mountain. The U.S. Forest Service is planning a burn between June 19-July 31 if desired weather, fuel moisture, and smoke dispersal conditions are met for Crosier Mountain. "Prescribed Fire" signs will be posted on Highway 34. Approximately 1,500 acres over a period of 5-7 days will be burned. The the July 4th Weekend. Forest Service will cease any lighting two days prior to 4. Fireworks Displays. Chief Dorman issued a caution for all residents displaying fireworks on July 4th, and clarified legal (toy caps and sparklers) v. illegal fireworks; conditions are extremely hazardous. The Annual Jaycee Fireworks Display has been moved further west (at the lake inlet) as 700' must be maintained from the discharge site to houses. Chief Repola reported that the July 4th enforcement : procedure utilized in 1997 for the Stanley Park area will again be observed this year. 5. Correspondence. The Dept. received a Thank You from the Wool Market as they were allowed to use the Fire Dept. BRADFORD PUBLISHINGCO. RECORD OF PROCEEDINGS ' Public Safety Committee - July 2, 1998 - Page 2 meeting room for class. Inclement weather necessitated this use. The Department was commended by RMNP for their response to the Oshkosh Snowplow accident which occurred May 8th in the Park. The quick response, including the hazardous material unit, was a major factor in limiting the fuel spill into Hidden Valley Creek. (The Committee observed such instances are a good example of the necessity of the MOU which was discussed earlier). Various comments from Internet users were noted. Mark Igel setup the website address which was offered free-of- charge for Fire Departments. The listing includes a brief biography of each firefighter and the upcoming Firefighters' Convention will be advertised. POLICE DEPARTMENT. 1. Backup Communications Status. Finding weaknesses in the Department's backup system (particularly with paging capabilities), staff began working on a complete backup system for the Commcenter. A budget of $4,000 was allocated, and, having met with Motorolla, staff now has a plan to locate the backup system at the Fire Station. Staff anticipates installation costs at slightly less than budget. 2. Traffic Monitoring and Enforcement. The counter function of the traffic monitor is now being used. Data on time of day, speed, etc. is being collected and it will be used to determine where to place the monitor for speed control. Aggressive enforcement is underway on Hwy. 34. 3. Aggressive Driving Enforcement Efforts - Preliminary Results. The Committee reviewed reports from June 15 th and 1gth on the Aggressive Driving Campaign that will run through the summer. Highways 34 and 36 are being monitored and it appears crossing/passing on a double yellow line and following too close are the major violations. Citations are generally being issued for these two offenses, as well as warnings for violations such as impeding traffic. Regarding utilization of the "pullouts", Chief Repola reported that recent comments were forwarded to CDOT, and they will look at enhancing signage for these areas. 4. Year 2000 Audit. CommCenter staff, along with L.E.T.A. are working to ensure all equipment can transition, and is compliant with, the Year 2000. Chief Repola noted that an outright purchase or upgrade is being reviewed, and he cautioned that either method could significantly impact the 1999 Budget. REPORTS. 1. The statistics on 911 calls were reviewed. Trustee Hix reported on a recent occurrence involving his reporting a blown transformer on his cell-phone. Staff confirmed that at this time, wireless calls to 911 default to Ft. Collins. Response may be delayed until such time as BRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee - July 2, 1998 - Page 3 technology is improved. Chief Repola will investigate Trustee Hix's incident and report his findings. Additional information will be forthcoming on the Public Safety Answering Point ("PSAP") system which is tacking all calls coming into the Commeenter. At this time, call- box calls ring into the CommCenter through this system, and statistics will be soon available. There being no further business, Chairman Marshall adjourned the meeting at 8:50 a.m. 411uj Â©th,vu& 2 Vickie O'Connor, CMC/AAE, Town Clerk MEMORANDUM TO: Mayor Dekker Board of Trustees FROM: Stephen L. Stamey Community Development Director SUBJECT: Adoption of 1997 Uniform Building Codes DATE: June 10, 1998 Background The Uniform Building, Plumbing, Mechanical and Abatement of Dangerous Building codes are updated every three years. The Town is currently using the 1994 editions of the above codes. These codes set forth minimum standards for the protection of life, health and safety, for building construction. These codes also reflect current building practices and material uses. Budget The 1997 Uniform Building Code also establishes building permit fees, as set forth in Table 1-A Recommendation Set August 11, 1998 as the Public Hearing date for consideration of adoption of the 1997 Uniform Building, Plumbing, Mechanical and Abatement of Dangerous Building Codes. RESOLUTION NO. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board of Trustees of the Town of Estes Park, Colorado, in accordance with Section 31-12-107, C.R.S., hereby states its intention to annex the area described herein. The Board of Trustees find and determines that the Petition filed with the Town requesting annexation of the area described herein is in substantial compliance with Section 31-12-107(1)(g), C.R.S. The Board of Trustees further finds and determines that the Petition is signed by persons comprising one hundred percent (100%) of the landowners in the area proposed to be annexed and owning one hundred percent (100%) of the area, excluding public streets and alleys and any land owned by the annexing municipality. Such area, if annexed, will be known as "HOMESTEAD RIDGE ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: Commencing at the South Quarter corner of Section 20, Township 5 North, Range 72 West of the 6th P.M., Larimer County, Colorado, thence N88Â°23'00"W 1083.61 feet to the North ROW of U.S. Highway No. 34; thence N59053' 00"E 119.55 feet to the East ROW of Dry Gulch Road and the true Point of Beginning: Thence along the East ROW of Dry Gulch Road N12021'00"W 327.66 feet, thence N13025' 00"E 2295.10 feet; thence N00048' 00"E 38.44 feet; thence N88Â°53'52"W 19.99 feet, thence N00Â°07'07"E 221.94 feet; thence 173.05 feet along a curve to the right having a radius of 780.00 feet, a delta of 12Â°42' 42" and a chord bearing of NO 602 8'28"E 172.70 feet, thence N12Â°49' 49"E 214.80 feet; thence 152.66 feet along a curve to the left having a radius of 450.00 feet, a delta of 19Â°26'13" and a chord bearing of N03006' 43"E 151.93 feet, thence leaving the East ROW of Dry Gulch Road N90000'00"W 66.69 feet to the West ROW of Devil's Gulch Road leaving the West ROW of Devil's Gulch Road N90000' 00"W 110.53 feet; thence N89Â°52'52"W 604.00 feet; thence S18023' 22"W 316.64 feet; thence N89Â°52'03"W 19.68 feet to the North ROW of Wildfire Lane; thence S17'08'28"W 60.00 feet to the South ROW of Wildfire Lane, thence along the South ROW of Wildfire Lane S72Â°51 '32"E 249.69 feet; thence 225.19 feet along a curve to the left having a radius of 429.88 feet, a delta of 30Â°00'48" and a chord bearing of S 87051' 56"E 222.62 feet; thence non-tangent to the preceding curve N77053' 15"E 174.17 feet; thence 82.75 feet along a curve to the right having a radius of 120.00 feet, a delta of 39Â°30' 40" and a chord bearing of N82Â°37' 47"W 81.12 feet; thence S62052' 22"E 110.18 feet to the West ROW of Dry Gulch Road; thence along the West ROW of Dry Gulch Road; S00048' 00"W 167.99 feet to the South line of the Northwest Quarter of Section 20, T5N, R72W of the 6th P.M.; thence SOO'48'00"W 58.00 feet; thence S13031'10"W 1838.65 feet; thence Sll'41'43"W 111.38 feet; thence S 13025' 00"W 362.00 feet; thence S 12021'00"E 436.97 feet to the South ROW of U.S. Highway No. 34; thence along the South ROW of U.S. Highway No. 34 S59Â°53"00"E 105.35 feet; thence N12021'00"W 162.67 feet TO THE POINT OF BEGINNING. Larimer County, Colorado. IT IS FURTHER RESOLVED, that in accordance with Section 31-12- 108, C.R.S., a public hearing shall be held on August 25, 1998 at 7:30 p.m., in the Municipal Building, located at 170 MacGregor Ave., Estes Park, Colorado, for the purpose of determining if the proposed annexation complies with the applicable provisions of Sectibns 31-12-104 and 31-12-105, C.R.S. IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R.S. IT IS FURTHER RESOLVED, that the plat of the Homestead Ridge Addition be referred to the Planning Commission to begin the necessary procedures to make the property subject to the Zoning Ordinances of the Town. Vicinity Map Not to Scale i ! j Homestead Ridge 1 Addition Â»tl-4 ' ~ THE RESERVE ~ 1121 1 1 TRACT B , --*r-<11 i :Ililli/1 5 1 i RANCH , 1 LON ;f ~ U EADOWS N , 1 AYERS , ACRES, 42 . 4/ NORTH ' , LAKE ~ SUB. SUB. ---- -- 1,20 1 16 9-1 i i . i LAKE ESTES 1 1 1 -.---ZiEE:~ Cur MEMORANDUM To: Honorable Mayor Dekker and Board of Trustees From: Robert B. Joseph Community Development Senior Planner Date: July 9, 1998 Subject: Amended Plat of a Portion of Lot 13, South Saint Vrain Addition between Avalon Drive and Highway 7, North of 1740 South Saint Vrain CONSENT AGENDA Background: This is a request to divide one lot into 2 lots. The site is located North of 1740 South Saint Vrain. The existing (undivided) lot is zoned R-M and is large enough to allow construction of a duplex. The two new proposed lots will meet the minimum lot arearequirement for single family residences, but willbetoo small for duplexes. The Planning Commission recommended approval of this Amended Plat. Planning Commission conditions have been met. i i 'Â· i .SLMIC#--4&~1-141 1.1-1 .MtÂ©RZ~ NEÂ· 1 '-Ii J , --=!UNOMA:LEJEE_ 3-LS.'TEW ' 't*Ne:Z~Â¥9 - c, V 69-=Â·ir,i-Â·:-Â·Â·27Â«4.-Â·Â·A'Â·ekh/ P/,'. \r:i~7 VICINITY MAP NTS Recommendation: Approval ofthe Amended Plat ofa Portion ofLot 13, South Saint Vrain Addition. . 07/07/98 GK Senior Center Operations Revenue July - Dec '98 1999 Office on Aging (1/3) 528. 1,056. United Way (1/3) 693. 1,386. Town of Estes Park 6,402. 4,800. Donations -0- 4,000. 1 Rentals 720. 2,000. 2 Fund Raisers (bake sales, dinners) 300. 2.000. Total 8,643. 15,242. Expenses Gas (1/3) 612. 1,200. Water/Elect. (1/3) 520. 1,040. Telephone (1/3) 316. 667. Sewer (1/3) 167. 283. Director/Nutritionist (1/4) 2,938. 5,875. 1 - Medical/Dental 540. 540. 1 - FICA 449. 449. 1-PERA 587. 587. Cleaning Expense (Contract) 1,000. 2,200. Office Supply (2/3) 483. 866. Insurance (1/3) 568. Maintenance (1/3) 234. 668. Travel Expense 100. 200. Total 7,946. 15,143. 1 $11,100 raised by seniors, $800 to operations, $8,800 to meals 2 All building rentals 06/22/98 GK Senior Center C-1 and C-2 Meals Revenue July - Dec'98 1999 C-1 Meals 15,750. 30,727. C-2 Meals 7,875. 14,875. C-1 USDA 3,300. 6,600. C-2 USDA 2,850. 5,800. C-III USDA 600. 1,200. Non-eligible Meals 400. 800. Office on Aging (2/3) 1,056. 2,112. United Way (2/3) 1,956. 3,047. Town of Estes Park 12,804. 15,200. Donation -0- 8,800. Coffee Fund 100. 500. Total 46,691. 89,661. Expense Food Purchases 8,000. 16,000. Cook Wages 14,032. 29,467.3 Nutritionist 8,812. Director Nutritionist 17,625. 3 - Medical/Dental 2,838. 5,950. 3 - FICA 1,522. 3,494. 3-PERA 1,991. 4,569. Supplies 2,000. 2,500. Gas (2/3) 1,188. 2,400. Water/Electric (2/3) 1,040. 2,080. Telephone (2/3) 634. 1,332. Sewer (2/3) 333. 567. Trash (all) 300. 500. Office Supplies (1/3) 242. 434. Insurance (2/3) -0- 1,132. Maintenance (2/3) 466. 1,332. Travel Expense 100. 200. Total 43,498. 89,582. 3 Two (2) employees at 6 hours/day, one (1) at $7.25/hour, one (1) at $7.00/hour plus 2 hours each for laundry, plus (1) helper at 2 hours/day at $5.15/hour. 1998 at 5%. 6/22/98 GK Senior Center Activities Revenue 1999 Membership Dues 3,200 Donations 11,100. Newsletter 1.350. Total 15,650. Expense Newsletter 1,150. Newsletter Postage 200. Transfer to C-1 & C-2 8,800. Transfer to Operation 4.000. Total 14,150. 2 1 - :tf b ti 2 WES, e N 628 b#*Z E#92 0 0 mo C .0- Oft 8323 2*Bi em=* 51â€¢, - B 3 t Q Ill o â€¢ lama hill 2 1 glip CO 2 1 O 1 3 02 2 0 E Â® 0 0 cg J E 0 0 Ct - ct! -9 E 8 9 v 854 0 0 811% Bl 6 . " .6. jEE Â®%88 0 -C- M 0822 Eill L 1# 2 5,2 1-0 w #21 0Â£1 03-% O:Ze 2.820 5#g - 0 h- f:& 06&3 21" *ags *02 3 60: t >'.0 -0 2 0 ogge 2~18 H f E 11#1 8df %i:f iI &4 mil/-ND 44 W 1 20 0- =0 g* 0" 5 O RK 0 0 O 65 Â£ W Urban Renewal Fire Department VVorks nior Center Advi Development Boards Advisory -,01Oe-;!a Jelues JOJOe 396eue TOWN OF ESTES PARK ORGANIZATION CHART Estes Park Citizens Town Board of Trustees Confe July 1998 Town Attorney Municipal Judge Fire Pensi Town Ad m inistrator le!40 at!:d 9 1 6!1 a I uuosled/J !u!LUPV UAAol lue}sissv ;Bul,04'evy TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Dekker and Board of Trustees From: Richard E. Matzke-72 21:2'~ Date: June 10, 1998 Re: Platte River Organic Contract and Power Supply Contract BACKGROUND: The Platte River Power Authority was formed with the fairly narrow purpose of"development ofelectric energy resources and the production and transmission ofelectric energy in whole or in part for the benefit of the inhabitants ofthe Municipalities" (Estes Park, Fort Collins, Longmont, and Loveland) The current organic contract continues in force until December 31, 2020. The current contract for supply of electric power and energy to the Municipalities expires December 31, 2020 as well. In light ofthe rapidly changing utility industry and in anticipation of retail wheeling Platte River and its owners desire to amend the organic contract to broaden the scope ofPlatte River and extend the term of the contract until December 31, 2040. Plane River also wishes to extend the power supply contract until December 31, 2040. These changes would allow Platte River and its owners to participate in new ventures which may include telecommunications services. The extension ofthe contract will provide Platte River greater flexibility in obtaining long term financing. Attached is a letter from Thaine J. Michie describing the proposed changes and a copy ofthe proposed amended organic contract and contract for electric power and energy. BUDGET/COST: There is no anticipated impact on the current or future budgets. RECOMMENDATION: The Light and Power Department recommends approval ofthe proposed AMENDED AND RESTATED ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY and the AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY. REM 1-1 PLATTE RIVER POWER AUTHORITY m r-m F FE, 07 59 TB f?1 2000 E. HORSETOOTH RD. â€¢ FORT COLLINS, CO â€¢ 80525-5721 â€¢ (970) 226-4000 â€¢ www.prpa.org 88 MAY 0 7 1998 May 6, 1998 ADMIN. DEPT. Mr. Richard Widmer Assistant Town Administrator Town of Estes Park P. O. Box 1200 Estes Park, Colorado 80517 Dear Rich: Enclosed for your use is a form of Resolution/Ordinance that would approve the amendment and restatement of the ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY and an amendment of the term of the AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY, both as of June 1, 1998. Also enclosed is a "red line/strike out" version of the AMENDED AND RESTATED CONTRACT ESTABLISHING PLATTE RIVER POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY and a "red line" version of the amendment to the AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY. We would be happy to supply " dean;' execution versions of these documents when it is timely to do so. The amendments to the ORGANIC CONTRACT accomplish three fundamental purposes: (1) allowing Platte River to function as a multi-purpose intergovernmental authority pursuant to CRS Section 29-1-203, with proper authorization of the Board of Directors and the approving opinions of the appropriate municipal attorneys and Platte River's bond counsel; (2) extension of the term of the ORGANIC CONTRACT until the year 2040; and (3) removal of the word "wholesale" from the ORGANIC CONTRACT in those instances where it might have been construed as limiting Platte River's ability to compete for customers on behalf of all the constituent Inunicipalities. The amendment to the SUPPLY CONTRACT would extend its term to 2040. Please let me know if I can be of further assistance in presenting this matter to your Town Board. Sincerely, PLATTE RIVER POWER AUTHORITY 74419.- Thaine J. Michie General Manager / Sl Attachments 1-2 AMENDED AND RESTATED ORGANIC CONTRACT ESTABLISHING PLATTE RIVER POWER AUTHORITY AS A SEPARATE GOVERNMENTAL ENTITY THIS CONTRACT, originally made and entered into as of June 17, 1975, and amended February 14, 1977, and July 27, 1978, and amended and restated the 31st day of March 1980, and as amended and restated this liday of July. 1998, by the parties to this Contract which are: TOWN OF ESTES PARK, COLORADO, a municipal corporation of the State of Colorado ("Estes Park"), CITY OF FORT COLLINS, COLORADO, a municipal corporation of the State of Colorado ("Fort Collins"), CITY OF LONGMONT, COLORADO, a municipal corporation of the State of Colorado ("Longmont"), and CITY OF LOVELAND, COLORADO, a municipal corporation of the State of Colorado ("Loveland"). When specificity is not required, the municipal corporations which are parties hereto will hereinafter be individually referred to as " "Municipality" and collectively as "Municipalities, WITNESSETH: WHEREAS, Estes Park owns and operates a municipal electric system which supplies electric power and energy at retail to users located within the town limits of Estes Park and the adjacent service area of the Estes Park electric system; and WHEREAS, Fort Collins owns and operates a municipal electric system which supplies electric power and energy at retail to users located within the city limits of Fort Collins; and WHEREAS, Longmont owns and operates a municipal electric system which supplies electric power and energy at retail to users located within the city limits of Longmont and the adjacent service area of the Longmont electric system; and 2 Â· WHEREAS, Loveland owns and operates a municipal electric system which supplies electric power and energy at retail to users located within the city limits of Loveland and the adjacent service area of the Loveland electric system; and WHEREAS, the Municipalities on June 17, 1975, established, pursuant to the provisions of C.R.S. (1973) Â§ 29-1-204, as then enacted, the Platte River Power Authority (the "Authority"), as a separate governmental entity and successor to a nonprofit corporation, to be the instrumentality of the Municipalities and as such successor, to continue to supply their wholesale electric power and energy requirements; and WHEREAS, the Municipalities now wish to contract with one another to establish, pursuant to the provisions of C.R.S. Section 29-1-203, the Authority as a separate legal entity and multi-purpose intergovernmental authority to provide designated functions, services, or facilities (i) lawfully authorized to any combination of two or more of the Municipalities and (ii) which function, service, or facility constitutes an "enterprise" as defined in Section 2(d) of Article X, Section 20 of the Colorado Constitution; and WHEREAS, the advent of wholesale competition and the anticipation of retail wheeling and competition in the electric utility industry have created the need to (i) enhance brand identification and customer loyalty by broadening the types of services offered to electric customers of the Municipalities and (ii) permit the Authority to sell at retail electric and other services, and the Municipalities wish to clarify that the Organic Contract authorizes the Authority to engage in a broad range of such related services which are incidental to or supportive of the Municipalities' continued ability to provide electric service to their customers on a competitive basis and to engage in retail sales of electric power and energy; and WHEREAS, the Municipalities now wish to further amend the Organic Contract to extend its term and to restate the amended provisions thereof in a single updated document. 3 NOW, THEREFORE, the Municipalities do hereby amend and restate the Organic Contract originally executed June 17, 1975, and subsequently amended, so that as hereby amended and restated it provides, and the Municipalities do agree, as follows: 1.0 EFFECTIVE DATE: This Contract, as hereby amended and restated, shall become effective when it has been duly executed and delivered on behalf of all the Municipalities. 2.0 ESTABLISHMENT OF PLATTE RIVER POWER AUTHORITY: As of June 17, 1975, the Municipalities establish a separate governmental entity, to be known as Platte River Power Authority (the "Authority"), to be used by the Municipalities to effect the development of electric energy resources and the production and transmission of electric energy in whole or in part for the benefit of the inhabitants of the Municipalities. As of July 1, 1998, the Municipalities also establish the Authority as a separate governmental entity and multi-purpose intergovernmental authority to provide additional designated functions, services, or facilities (i) lawfully authorized to any combination of two or more of the Municipalities and (ii) which function, service, or facilities constitutes an "enterprise" as defined in Section 2(d) of Article X, Section 20 of the Colorado Constitution. 2.1 PURPOSES: The purposes of the Authority are to conduct its business and affairs for the benefit of the Municipalities and their inhabitants: (A) to provide the electric power and energy requirements of the Municipalities and the retail customers within the Municipalities, (B) to engage in business activities related to the provision of 4 Â· electric power and energy services which the Board determines are likely to enhance the competitive position of the Authority or the Municipalities, and (C) to provide any additional designated function, service, or facility (i) lawfully authorized to any combination of two or more of the Municipalities and (ii) each of which constitutes an "enterprise" as defined in Section 2(d) of Article X, Section 20 of the Colorado Constitution. A particular function, service, or facility shall be treated as designated as a separate purpose under clause (C) of the previous sentence only upon receipt by each Municipality which is designating the function, service, or facility to also be performed by the Authority of (a) a resolution adopted by unanimous vote of the Board of Directors of the Authority designating the function, service, or facility as a purpose to also be jointly exercised by the designating Municipalities through the Authority and (b) opinions of counsel to each Municipality which is designating the function, service, or facility to also be performed by the Authority setting forth the extent to which the designated function, service, or facility is lawfully authorized such designating Municipality and (c) an opinion of the Authority's bond counsel to the effect that the designated function, service, or facility constitutes an "enterprise" as defined in Section 2(d) of Article X, Section 20 of the Colorado Constitution. 2.2 FUNCTIONS, SERVICES, OR FACILITIES: The functions, services, or facilities to be provided by the Authority are: (A) the supplying of the electric power and energy requirements of the Municipalities and retail customers within the Municipalities and (B) the provision of any additional function, service, or facility (i) lawfully authorized to any combination of two or more of the Municipalities and (ii) which constitutes an "enterprise" as defined in Section 2(d) of Article X, Section 20 of the Colorado 5 Constitution which has been designated pursuant to the last sentence of Section 2.1 hereof, by: (i) Acquiring, constructing, owning, reconstructing, improving, rehabilitating, repairing, operating and maintaining electric generating plants, transmission systems and related facilities, or interests therein, for the purpose of producing, transmitting and delivering to the Municipalities, electric power and energy to the extent of their requirements; (ii) Purchasing electric power and energy from electric utilities and other producers of energy, as required to supply the Municipalities and perform its other obligations; (iii) Selling at wholesale to the Municipalities all of the electric power and energy produced or purchased by the Authority which the Municipalities require; (iv) Selling, exchanging and otherwise disposing of, under the most economically advantageous terms and conditions obtainable, any and all surplus power and energy which the Authority owns, produces or purchases; (v) Developing electric energy resources and producing and transmitting electric energy in whole or in part for the benefit of the inhabitants of Municipalities; (vi) Acquiring, constructing, owning, purchasing, selling, exchanging, or otherwise disposing of, reconstructing, improving, rehabilitating, repairing, operating, and maintaining assets, infrastructure, plants, systems, and related facilities or interests therein; (Vii) Developing products, services, infrastructure, and resources related to such function, service, or facility for delivery to appropriate markets in whole or in part for the benefit of the inhabitants of the Municipalities; and (viii) On rescission or termination of this Contract to vest in the Municipalities all right title and interest of the Authority in or to all of its property and assets. 2.3 BOARD OF DIRECTORS: The governing body of the Authority shall be a Board of Directors in which alllegislative power of the Authority is vested. 6 Â· 2.3.1 NUMBER: The number of Directors shall be eight (8). 2.3.2 SELECTION: Each Municipality shall be represented by two (2) members on the Board of Directors of the Authority, who shall be designated or appointed as follows: (i) Mayors: The Mayor of each of the Municipalities is hereby designated and shall serve as a member of the Board of Directors of the Authority contemporaneously with service as Mayor; provided, however, that any Mayor may designate some other member of the governing board of such Municipality to serve as a Director of the Authority in place of the Mayor. (ii) Appointed Directors: The governing body of each of the Municipalities shall appoint one additional member to the Board of Directors. Appointed Directors shall be selected for judgment experience, and expertise which makes them particularly qualified to serve as the Director of an electric utility. 2.3.3 TERM: The term of office of the Directors of the Authority shall be as follows: (i) Mayors: The Mayor of each Municipality, or the member of the Municipality's governing board designated by the Mayor, shall serve as a Director of the 7 Authority for the same period of time that the Mayor serves as Mayor of that Municipality. (ii) Appointed Directors: The term of the Appointed Director for Estes Park shall expire on December 31, 1983, the term of the Appointed Director for Fort Collins shall expire on December 31, 1980, the term of the Appointed Director for Longmont shall expire on December 31, 1982, and the term of the Appointed Director for Loveland shall expire on December 31, 1981. Each successor shall be appointed for a term of four years from the date of the expiration of the term for which the predecessor was appointed and until the successor is appointed and has qualified. 2.3.4 REMOVAL: Any Director appointed by the governing board of a Municipality may be removed at any time by such governing board, with or without cause. A Mayor will be automatically removed as a Director if removed from the office of Mayor, and a member of the Municipality's governing board designated to serve in place of a Mayor may be removed at any time by the Mayor, with or without cause. 2.3.5 VACANCIES: A vacancy occurring in the directorship of an Appointed Director, whether such vacancy be the result of resignation, death, removal or disability, shall be filled by the appointment of a successor Appointed Director by the governing body of the Municipality which appointed the Director whose office has become vacant. In the case of a vacancy in the directorship of a Mayor or his designee from any Municipality, 8 Â· the vacancy shall be filled by the new Mayor or the Mayor's designation of some other member of the governing board of that Municipality. 2.3.6 COMPENSATION: Directors shall not receive compensation for their services, but the Board of Directors may, by resolution, provide for reimbursement to Directors of their actual expenses for attendance at meetings of the Board of Directors and for expenses otherwise incurred on behalf of the Authority. 2.3.7 ANNUAL MEETINGS: An annual meeting of the Board of Directors shall be held within the first 120 days in each year at such place in Fort Collins, Colorado, as shall be designated in the notice of the meeting, to elect officers, to pass upon reports for the preceding fiscal year, and to transact such other business as may come before the meeting. If the day fixed for the annual meeting shall fall on a legal holiday, the annual meeting shall be held on the next succeeding business day. Failure to hold the annual meeting at a designated time, or failure to hold the annual meeting in any year, shall not cause a forfeiture or dissolution or otherwise affect the Authority. 2.3.8 REGULAR MEETINGS: The Board of Directors may from time to time provide, by unanimous resolution or by unanimous consent of all Directors, for the time and place for the holding of any regular meetings without notice to Directors other than such resolution, except in the case of consent, when notice shall be given by the Secretary as hereinafter provided. 9 2.3.9 SPECIAL MEETINGS: Special meetings of the Board of Directors may be called by the Chairman or any Director and it shall thereupon be the duty of the Secretary to cause notice of such meeting to be given as hereinafter provided. Special meetings of the Board of Directors shall be held at such time and place within the State of Colorado as shall be fixed by the Chairman or the Director calling the meeting. 2.3.10 NOTICE OF MEETINGS: Written notice of the annual or of any special meeting of the Board of Directors shall be delivered to each Director not less than seven (7), nor more than thirty-five (35), days before the date fixed for such meeting, either personally or by mail, by or at the direction of the Secretary, or, upon his default, by the person calling the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail addressed to the Director at his address as it appears on the records of the Authority, with postage thereon prepaid. 2.3.11 WAIVER OF NOTICE: Whenever any notice is required to be given to any Director of the Authority under the provisions of law or this Contract a waiver thereof in writing signed by such Director, whether before or after the time stated therein, shall be equivalent to the giving of such notice. Attendance of a Director at any meeting of the Board of Directors shall constitute a waiver by such Director of notice of such meeting except when such Director attends such meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 2.3.12 OUORUM: A majority of the number of Directors then in office shall constitute a quorum for the transaction of business; provided that if less than a majority of the 10 Â· Directors then in office is present at a meeting, a majority of the Directors present may adjourn the meeting from time to time; and, provided further, that the Secretary shall notify any absent Directors of the time and place of such adjourned meeting. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. 2.3.13 VOTE IN CASE OF A DEADLOCK: In the event the Board of Directors, at a meeting at which a quorum is present is deadlocked and unable to obtain a majority vote of the Directors present concerning a matter being considered for action, any Director may require a "Weighted Vote." A "Weighted Vote" shall then be taken with each Director's vote being given the proportion which: (i) the dollar amount of electric power and energy purchased from the Authority during the twelve-month period ending with the close of the billing period for the month two months prior to the month of the deadlocked meeting and paid for by the Municipality appointing such Director bears to (ii) the dollar amount of all electric power and energy purchased from the Authority and paid for by the Municipalities during said twelve-month period. The act of a majority of the "Weighted Vote" shall be the act of the Board of Directors. 2.3.14 DUTIES: The duties of the Board of Directors shall be: (i) To govern the business and affairs of the Authority. (ii) To exercise all powers of the Authority. (iii) To comply with the provisions of parts 1, 5, and 6 of Article 1 of Title 29 of C.R.S. (1973). 11 (iv) To adopt a fiscal resolution, which complies with statutory and other restrictions imposed by law on the affairs of the Authority, to govern the financial transactions of the Authority, including the receipt, custody, and disbursement of its funds, securities, and other assets, and to provide for the services of a firm of independent certified public accountants to examine, at least annually, the financial records and accounts of the Authority and to report thereupon to the Board of Directors. (v) To keep minutes of its proceedings. 2.4 OFFICERS: The officers of the Authority shall be a Chairman, Vice Chairman, Secretary, Treasurer, General Manager and such other officers and assistant officers as may be authorized by the Board of Directors from time to time to perform such duties as may be approved by the Board of Directors. The Chairman and Vice Chairman shall be members of the Board of Directors, but other officers of the Authority need not be members of the Board of Directors. 2.4.1 ELECTION OF OFFICERS AND TERMS OF OFFICE: At each annual meeting of the Board of Directors, the members of the Board of Directors shall elect officers who shall serve as such officers of the Authority until the next succeeding annual meeting of the Board of Directors and until their successors are elected and qualified. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as may be convenient. Vacancies or new offices may be filled at any meeting of the Board of Directors. 2.4.2 REMOVAL: Any officer or agent elected or appointed by the Board of Directors may be removed by the Board of Directors, with or without cause, whenever in its judgment the best interests of the Authority will be served thereby. 12 2.4.3 DUTIES OF OFFICERS In addition to duties designated by the Board of Directors, the duties of the officers shall include the following: 2.4.3.1 Chairman The Chairman shall preside at all meetings of the Board of Directors and, except as otherwise delegated by the Board of Directors, shall execute alllegal instruments of the Authority. When and while a vacancy exists in the office of General Manager, the Chairman shall act as the principal executive officer of the Authority, and shall perform such other duties as the Board of Directors may prescribe from time to time. 2.4.3.2 Vice Chairman The Vice Chairman shall, in the absence of the Chairman, or in the event of his inability or refusal to act perform the duties of the Chairman and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairman. The Vice Chairman shall also perform such other duties as may be prescribed by the Board of Directors from time to time. 2.4.3.3 Secretary The Secretary shall maintain the official records of the Authority, including all resolutions and regulations approved by the Board of Directors, the minutes of meetings of the Board of Directors, and a register of the names and addresses of Directors and officers, and shall issue notice of meetings, attest and affix the 13 corporate seal to all documents of the Authority, and shall perform such other duties as the Board of Directors may prescribe from time to time. 2.4.3.4 Treasurer The Treasurer shall serve as financial officer of the Authority and shall, pursuant to the fiscal resolution adopted by the Board of Directors governing the financial transactions of the Authority and the restrictions imposed by law, be responsible for the receipt custody, investment and disbursement of the Authority's funds and securities and for duties incident to the office of Treasurer, and shall perform other duties as the Board of Directors may prescribe from time to time. 2.4.3.5 General Manager The General Manager shall be the principal executive officer of the Authority with full responsibility for the planning, operations, and administrative affairs of the Authority, and the coordination thereof, pursuant to policies and programs approved by the Board of Directors from time to time, and shall be the agent for service of process on the Authority. 2.4.4 BONDS OF OFFICERS: The Treasurer and any other officer or agent of the Authority charged with responsibility for the custody of any of its funds or property shall give bond in such sum and with such surety as the Board of Directors shall determine. The Board of Directors in its discretion may also require any other officer, agent or employee of the Authority to give bond in such amount and with such surety 14 as it shall determine. The cost of such bond shall be an expense payable by the Authority. 2.5 INDEMNIFICATION OF OFFICERS AND DIRECTORS: Each Director and officer of the Authority, whether or not then in office, and his personal representatives, shall be indemnified by the Authority against all costs and expenses actually and necessarily incurred by him in connection with the defense of any action, suit or proceeding in which he may be involved or to which he may be made a party by reason of his being or having been such Director or officer, except in relation to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for willful or wanton negligence or misconduct in the performance of duty. Such costs and expenses shall include amounts reasonably paid in settlement for the purpose of curtailing the costs of litigation, but only if the Authority is advised in writing by its counsel that in his opinion the person indemnified did not commit such willful or wanton negligence or misconduct. The foregoing right of indemnification shall not be exclusive of other rights to which he may be entitled as a matter of law or by agreement. 2.6 TERM OF CONTRACT: This Contract shall continue in force and effect until December 31, 2040, and until thereafter terminated by any Municipality following not less than six (6) months written notice to the other Municipalities of its intention to terminate; provided, however, that this Contract may be amended, modified, rescinded, or terminated at any time by a written document approved and executed by each and every Municipality which is a party to this Contract; and, provided further, however, that this Contract may not in any event be rescinded or terminated so long as the 15 Authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations. 2.7 ASSETS AND PROPERTIES: All assets and properties of the Authority shall be held in trust for the purposes herein mentioned, including the payment of the liabilities of the Authority. 2.8 DISTRIBUTION OF ASSETS UPON TERMINATION: In the event of the rescission or termination of this Contract and the dissolution of the Authority, all of its assets shall immediately vest in the Municipalities. The assets of the Authority conveyed to each Municipality shall be that proportion which (i) the total dollar amount of electric power and energy purchased and paid for by such Municipality, from the Authority and its predecessor during their corporate existence, bears to (ii) the total dollar amount of ali electric power and energy purchased and paid for by all of the Municipalities, from the Authority and its predecessor during their corporate existence. 2.9 SEAL: The corporate seal of the Authority shall be in the form of a circle and have inscribed thereon the name of the Authority and the words "Corporate Seal," together with such insignia, if any, as the Board of Directors may authorize. 2.10 CONTRACTS: Except as otherwise provided by law, the Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name and on behalf of the Authority. 16 2.11 CHECKS, DRAFTS, AND OTHER FINANCIAL DOCUMENTS: All checks, drafts, or other orders for payment of money and all notes, bonds, or other evidences of indebtedness issued in the name of the Authority shall be signed by such officer or officers, agent or agents, employee or employees of the Authority and in such manner as shall from time to time be determined by resolution of the Board of Directors. 2.12 DEPOSITS: All funds of the Authority shall be deposited from time to time to its credit and pursuant to law, in such bank or banks as the Board of Directors may select. 2.13 FISCAL YEAR: The fiscal year of the Authority shall be the calendar year. 2.14 PRINCIPAL PLACE OF BUSINESS: The principal place of business of the Authority shall be in Fort Collins, Colorado. Annually, on or before the first day of February of each year, and within thirty (30) days following any change, the Authority shall file with the Division of Local Government the name of the agent for service of process on the Authority and the address of its principal place of business. 3.0 GENERAL POWERS: The general powers of the Authority shallinclude the following powers: 3.1 ELECTRIC ENERGY: To develop electric energy resources and produce, purchase, and transmit electric energy, in whole or in part for the benefit of the inhabitants of the Municipalities. 17 3.2 CONTRACTS: To make and enter contracts of every kind with the Municipalities, the United States, any state or political subdivision thereof, and any individual, firm, association, partnership, corporation or any other organization of any kind. 3.3 AGENTS AND EMPLOYEES: To employ agents and employees. 3.4 FACILITIES: To acquire, construct manage, maintain, and operate electric energy facilities, works, and improvements and any interests therein, including, without limitation, to acquire, construct, reconstruct improve, and rehabilitate, repair, operate, and maintain (separately or jointly) generating plants, transmission systems and related facilities for the purpose of delivering electrical power and energy generated thereby to the Municipalities, and any mine, well, pipeline, plant structure, or other facility for the development production, manufacture, storage, fabrication, or processing of fossil or nuclear fuel of any kind for use, in whole or in major part in any of such generating plants, and any railroad cars, trackage, pipes, equipment, and any structures or facilities of any kind used or useful in the transporting of fuel to any of such generating plants, and to sell, deliver, exchange, or otherwise dispose of the power and energy generated by said plants, and any of the waste or by-products therefrom, and to purchase, lease, or otherwise acquire and equip, maintain, operate, sell, assign, convey, lease, mortgage, pledge, and otherwise dispose of electrical generating plants, transmission systems and related facilities, together with alllands, buildings, equipment and all other real or personal property, tangible or intangible, necessary or incidental thereto. 18 3.5 PROPERTY: To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any real or personal property, commodity, and service including, without limitation, to buy, lease, construct appropriate, contract for, invest in, and otherwise acquire, and to own, hold, maintain, equip, operate, manage, improve, develop, mortgage, and deal in and with, and to sell, lease, exchange, transfer, convey and otherwise dispose of and to mortgage, pledge, hypothecate and otherwise encumber real and personal property of every kind, tangible and intangible. 3.6 CONDEMNATION: To condemn property for public use, if such property is not owned by any public utility and devoted to such public use pursuant to state authority. 3.7 DEBT: To incur debts, liabilities, or obligations and to borrow money and, from time to time, to make, accept endorse, execute, issue, and deliver bonds, debentures, promissory notes, bills of exchange, and other obligations of the Authority for monies borrowed or in payment for property acquired or for any of the other purposes of the Authority, and to secure the payment of any such obligations by mortgage, pledge, deed, indenture, agreement or other collateral instrument, or by other lien upon, assignment of, or agreement in regard to, all or any part of the properties, rights, assets, contracts, easements, revenues, and privileges of the Authority wherever situated. 3.8 LITIGATION: To sue and be sued in its own name. 3.9 SEAL: To have and use a corporate seal. 19 3.10 RATES: To fix, maintain, and revise fees, rates, and charges for functions, services, or facilities provided by the Authority. 3.11 REGULATIONS: To adopt, by resolution, regulations respecting the exercise of its power and the carrying out of its purposes. 3.12 AGENTS: To do and perform any acts and things authorized by this section under, through, or by means of an agent fiduciary, or independent contractor of the United States or any state or political subdivision thereof. 3.13 TOINT OWNERSHIP: To own, operate, and maintain real and personal property, and facilities in conunon with others, as permitted by law, and to conduct joint partnership, cooperative, or other operations with others and to exercise all of the powers granted in this Contract in joint partnership or cooperative efforts and operations with others. 3.14 OTHER POWERS: To exercise any other powers which are essential, necessary, incidental, convenient or conducive to providing the wholesale electric power and energy requirements of the Municipalities, as well as to accomplishing the purposes, functions, services, and facilities set forth in Sections 2.0, 2.1, and 2.2 of this Organic Contract. 4.0 POLITICAL SUBDIVISION: The Authority shall be a political subdivision and a public corporation of the State of Colorado separate from the Municipalities. It shall 20 have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. 5.0 REVENUE BONDS: The Authority is authorized to issue bonds, notes, or other obligations secured by its electric revenues pursuant to the terms, conditions, and authorization contained in 1973 C.R.S. Â§ 29-1-204(DÂ· 6.0 DEBT NOT THAT OF MUNICIPALITIES: The bonds, notes, and other obligations of the Authority shall not be the debts, liabilities, or obligations of the Municipalities. 7.0 AUTHORITY IS SUCCESSOR: The Authority is the successor to the Platte River Power Authority, a non-profit corporation of the State of Colorado, whose corporate existence has been terminated, and as such successor the Authority shall hold all rights, interests, privileges, and properties of, and shall assume all obligations of, such non- profit corporation. 8.0 FILING OF CONTRACT: A copy of this Contract shall be filed with the Division of Local Government of the State of Colorado within ten (10) days after its execution by the Municipalities. 9.0 NOTICES: Any formal notice, demand, or request provided for in this Contract shall be in writing and shall be deemed properly served, given, or made if delivered in 21 person or sent by registered or certified mail, postage prepaid, to the persons specified below: Town of Estes Park, Colorado c/ o Assistant Town Administrator P. O. Box 1200 Estes Park, Colorado 80517 City of Fort Collins, Colorado c/ o Utilities General Manager P. O. Box 580 Fort Collins, Colorado 80522 City of Longmont, Colorado c/o Director of Electric and Teleconununications Utilities 1100 South Sherman Longmont, Colorado 80501 City of Loveland, Colorado c/o Water and Power Director 200 North Wilson Loveland, Colorado 80537 10.0 SEVERABILITY: In the event that any of the terms, covenants, or conditions of this Contract or their application shall be held invalid as to any person, corporation, or circumstance by any court having jurisdiction, the remainder of this Contract and the application and effect of its terms, covenants, or conditions to such persons, corporation, or circumstances shall not be affected thereby. 11.0 DUPLICATE ORIGINALS: This contract may be executed in several counterparts, each of which will be an original but all of which together shall constitute one and the same instrument. 22 IN WITNESS WHEREOF, the Municipalities have caused this Contract as amended, to be executed as of the 1St day of July, 1998. TOWN OF ESTES PARK, COLORADO Attest: By: Mayor Town Clerk CITY OF FORT COLLINS, COLORADO Attest: By: Mayor City Clerk CITY OF LONGMONT, COLORADO Attest: By: Mayor City Clerk CITY OF LOVELAND, COLORADO Attest: By: Mayor City Clerk AMENDMENT EXTENDING THE TERM OF THE CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY Article 11 of the AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY TO THE TOWN OF ESTES PARK shall be further amended as of July 1, 1998, to read as follows: Article 11: Term of Agreement This Agreement shall become effective when executed by both Parties, and shall amend and supercede the existing Amended Contract for the Supply of Electric Power and Energy between Platte River and Estes Park, dated March 31, 1980. This Agreement shall remain in effect until December 31, 2040, and thereafter until terminated by either Party following not less than six (6) months written notice to the other Party of its intention to terminate. In all other respects the AMENDED CONTRACT FOR THE SUPPLY OF ELECTRIC POWER AND ENERGY between Platte River and Estes Park, dated March 31, 1980, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of July 1, 1998. ATTEST: PLATTE RIVER POWER AUTHORITY By: Assistant Secretary General Manager ATTEST: TOWN OF ESTES PARK By: Mayor ESTES PARK SURVEYORS & ENGINEERS, INC. Telephone 970-586-5175 Receive FAX at 970-586-6331 Post Ofnce Box 3047 Estes Park, CO 80517 July 8, 1998 W.O. 2967 LETTERS \2967 Board of Trustees lim@MEWEW Town of Estes Park P.O. Box 1200 jf jUL 0 8 1998 Estes Park, CO 80517 ADMIN. DEPT. Re: Appeal of Conditional Approval for Cedar Ridge Condominium Development Plan Dear Trustees: The Planning Commission conditionally approved the above mentioned development plan on May 19, 1998. A condition of this approval is not acceptable to the owner / applicant; "All new tree and shrub plantings shall be irrigated with an automatic sprinkler system. " The Code does not require an automatic sprinkler system. Section 17.24.030. I of the Code indicates that "all landscaped areas shall be irrigated". To establish the design standard for this "irrigation" on a one-by-one basis, is unjust. A discussion of this topic, as with any design minimum, should proceed its implementation. The owner will irrigate, maintain and replace the plantings as required by the Code. The condominium declaration will pass this responsibility to the home owners association. If you have any questions or require additional information: please contact us. Respectfully yours, Estes Park Surveyors & Engineers, Inc. 44- ttplb,6/,2,Â£,~ Paul M. Kochevar, P.E. & P.L.S. President cc: John Phipps, Jack Williams MEMORANDUM To: Honorable Mayor Dekker and Board of Trustees From: Bob Joseph Date: 7 - 10 Subject: Appeal of Conditional Approval for Cedar Ridge Development Plan Background: Planning Commission has approved this development plan with the condition that the required plantings be irrigated with an automatic sprinkler system. (Section 17.24.030 states: " All plant materials... shall be maintained in a healthful condition" and "Alliandscaped areas shall be irrigated"). This condition was a recommendation in the staff report. The reason for making this recommendation was that this is a residential development to be sold as condominium ownership. Staff wanted to avoid a situation where the required plantings were installed by the developer without irrigation and then the homeowners would be required to hand water the plantings. Staff also did not want to be in the position of requiring the homeowners association to replace dead trees and shrubs where no irrigation system had been installed by the developer. Mr. Kochevar now proposes to inform prospective buyers through the condominium declarations that they will be responsible to hand water the required plantings and maintain them in a healthy condition without the benefit of an automatic irrigation system. Staff feels that this is an acceptable alternative. DR 8439 (06/97) 21 COLORADO DEPARTMENT OF REVENUE LIQUOR EyFORCEMENT DIVISION APPLICATION FOR A 1~75 SHERMAN STREET DENVER CO 80261 SPECIAL EVENTS PERMIT (303) 205-2300 ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT I ONE OF THE FOLLOWING (See back for details.) 1 CHECK ONE: ~ SOCIAL ECHARTERED BRANCH, LODGE OR CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY C]FRATERNAL DRELIGIOUS INSTITUTION D PATRIOTIC E PHILANTHROPIC INSTITUTION O POLITICAL C POLITICAL CANDIDATE DATHLETIC U MUNICIPALITY OWNING ARTS FACILITIES , DO NOT WRITE IN THIS SPACE LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: : DO NOTÂ£WRITE IN THIS SPACE :.. 2110 E MALT, VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 m FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) Estes Park Lions Club 03-2 I oq â‚¬ _ 0000 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, city/town and ZIP) (include street, city/town and ZIP) P.O. Box 2016 470 Prospect Village Dr. Estes Park, Co. 80517 Estes Park, Co. 80517 NAME r 4 2 ,4 DATE ORBIRTH *HOME ADDRESS (Street, City,'State,;ZIP) '33. . PHONE NUMBER "Â· > 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE 970-586-2763 FrÂ·sri Tn-inl d 6-20-30 P.O. Box 2773 5. EVENT MANAGER - ,Edward Grueff 11-07-50 3225 Devils Gulch Rd. 970-586-5421 6. HAS APPLICANT Ok'GANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? ~ NO ~ YES HOW MANY DAYS? El No Q YES TO WHOMi ESTES PARK BREWERY . DOES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? E|Yes O No 8 13,1.29; i .1, g.': r .-LISTBELOW.THE EXACT DATE(S)'FOR'WHICHAPPLICATIOA)6 BEING MADEFOR PERMIT'.'[.5.1'0 44 ' Date 8-22-98 Date Date Date Date Hours From 11:OO2F Hours From .m. Hours From .m. Hours From .m. Hours From To A Â· An.,Â·m. To .m. To .m. To .m. To I V.lillie- *FR 4.. Â«' r ..... ~ . OATH<OF APPLICANT ,0 . I .4 ./v Â·* "l declare Under perialty of pflury in thd.second degree that I have'read the:for@gbing'-a'pblication a'Ad all attaqhmÂ¢lts thet*,taind , that all infarmatiofi tharain is true, corrkt, and complete tothe best 9{ my knowtedle.r Â·4 Â·i 3.. * 1 .. - : 9~Â· r,Â· . 7-,Â·.Â· ZlÂ·Â·'Â·a 14, IÂ»' V,1 ..A.'C :-Il'".3,< . i w .~ I., 1~ 3 2,Â¥1.93 SIGNATLTEJ----x ~jolb,f T- g-)+ 4 TITLE DATE President E. P. Lions Club . **Al , Â·Â· , i $ 4~jlv: REPORT.AND APPROVAL,OF LOCAL LICENSING AUTHORITY (CITY OR COUNTY) :" '. The'fofegoing applitationha; bedn examin6d and the premises,Ibuhiness conducted arid ch*acter of the applibdntis shtisfdctory:i - I. ... 2. 2 . I drid *e doÂ¥eportthat such bermit, if gianted,.will comply with the provisionsof Title 12,~Article,18, C.R.S., as amended. . 1 *'3 4.2 p.Â·' , r ~142Â¥ â‚¬ Ce' i OTHEREFORE,THIS APPLICATION ISAPPROVED. '' ' LOCAL LICENSING AUTHORITY (CITY OR COUNTY) E CITY TELEPHONE NUMBER OF CITY/COUNTY CLERK C COUNTY SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY I If t ir ; ;r :* K 7.--Id# 7 T:. LIABIL@Y INFORMATION e . I .' I. ## I 1 . 1 Â«14I: 17~ f '1..<.... ~..7 w I I ... . : Â· I if i..' ':' , 2% . S TOTAL. ,::> f - I . License Account NuÂ¢ber c. 12 4~ilbilit*)ate, p: : .State. 4 4 e %4 . > d I. I. - I ' 4 1- 1 ...6.1.-- 4 3 . : 8 I - V. ? /0 1 I'. -- 1 .R + 64:'Â·: i . I :1 4 4. I . / â€ž v . 1 - ' 2<*,2,6.1.4, L.,1.~.~ ~Â·Â·'Â·.4 ~~~'~A d. 'e 1 I I r . , 1 4 7 /1 I . 4.Sâ€¢ Â£. 7.. â‚¬ ..% 11 - 07, ..L . -750 (999)' ' . 1 le. .. .4, 7-. d (Instructions on Reverse Size) '' V joit 1 - . \1 . 12 4 Al .1 --- tk Al 4 41 -- LE f \ f . 1 . 93 1 - - 3, -L . 0 41 / te i / 4 . X - t /4 9 14 4 h r 4 \\ 3 4 41 L I. U 3\ 99 rq 4\ \ P te r 1 P: '1 -- 1 \ VEZL/6/ 1 SU /43-h:=ig' , U I .\ \ \\\ I\\ 1 .\. \- '.1 ..u - ./ x i. J ./ .i x. ~~\~tz_ 1 1 k, 1 (J 4 01 c 4 hi CS N %0 4, CÂ¢ 4/ 14 g â‚¬ %2 4 04 : 0 tb 4 92 1\4 9 4 - f wk 31 Al bf C j (71 9 9 1 4 1 6Â£- -- 9.7 W e LA g wg 4 9 319 9 DR 8439 (06/97) COLORADO DEPARTMENT OF REVENUE LIQUOR ENpRCEMENT DIVISION APPLICATION FOR A 1375 SHERMAN STREET DEAVER CO 80261 SPECIAL EVENTS PERMIT (303) 205-2300 DER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NONPROFIT ONE OF THE FOLLOWING (See back for details.) 4 CHECK ONE: Â® SOCIAL UCHARTERED BRANCH, LODGE OR CHAPTER OF A NATIONAL ORGANIZATION OR SOCIETY E]FRATERNAL DRELIGIOUS INSTITUTION E PATRIOTIC ~ PHILANTHROPIC INSTITUTION U POLITICAL El POLITICAL CANDIDATE DATHLETIC DMUNICIPALITY OWNING ARTS FACILITIES DO NOT WRITE IN THIS SPACE ' LIAB TYPE OF SPECIAL EVENT APPLICANT IS APPLYING FOR: 0 4. A DOINOTrWRITE IN THIS SPACE 2110 ~ MALL VINOUS AND SPIRITUOUS LIQUOR $25.00 PER DAY LIQUOR PERMIT NUMBER 2170 U FERMENTED MALT BEVERAGE (3.2 Beer) $10.00 PER DAY 1. NAME OF APPLICANT ORGANIZATION OR POLITICAL CANDIDATE State Sales Tax Number (Required) LONGS PEAK SCOTTISH/IRISH HIGHLAND FESTIVAL 03-30958-0000 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE 3. ADDRESS OF PLACE TO HAVE SPECIAL EVENT (include street, city/town and ZIP) (include street, city/town and ZIP) P. O. Box 1820 Stanley Park Ballfields & Rodeo Estes Park, CO 80517 Grounds Estes Park, CO NAME Â·'* u ~ .DATE OFBIRTH HOME ADDRESS (StreE City, State, ZIP) :'~'1 4-"'PHONE.NuMBER 9> 4. PRES./SEC'Y OF ORG. or POLITICAL CANDIDATE Co 80517 James A. Durward 1/11/35 1041 North Ln., Estes Park970-586-2132 5. EVENT MANAGER James A. Durward " " 6. HAS APPLICANT ORGANIZATION OR POLITICAL CANDIDATE BEEN 7. IS PREMISES NOW LICENSED UNDER STATE LIQUOR OR BEER CODE? ISSUED A SPECIAL EVENT PERMIT THIS CALENDAR YEAR? g] NO O YES HOW MANY DAYS? ED NO El YES TO WHOM? OES THE APPLICANT HAVE POSSESSION OR WRITTEN PERMISSION FOR THE USE OF THE PREMISES TO BE LICENSED? El Yes C]No '9.,â€ž,r'4.' r< 2~3. 1 Â¥'â€ž+2 2, ,*1% 2.LIST BELOW+THE EXACT DATE(S) FORWHICH APPLICATIOA ISBEING MADE FOR PERMIT 5, :.â€ž*3511Â«- * "Â·. '- Date 9/12/98 Date 9/13/98 Date Date Date Hours From 8:00 ,@Fri Hours From 8:00 AIrl Hours From .m. Hours From .m. Hours From To 10 : 00 ,~Ii Tol O :00 Elm To .m. To .m. To ~ 4 0-"c'--rOATH OFAPPLICA-AjÂ¥9 4.#.4 4.4.> + 4,9 '1:1~4.-Â·i ' .:I.Â·5 5.44Â·14 : 1 declare under penaÂ® of,pedurp in th@second degree'that,1 h#vhread the fordgoing'Â®plication and all attachments theteto, and 9 ' Uhaf al/ infonnatio/fhb@reih is<thle; cdneft, and comp/dt@ 18 th'b bebtof/hy knowle@eit. , 2 3 , r '1 - ' :-~ 4. 5, Â·D Â·v - %*....1 SIGNATURE TITLE DATE President MAÂ©ti # 25~Â«PX#EPORT AND APPROVAL'OE. LOCALUCENSING AUTHORITY'(611*OR COUNTV) j ''jji 6 ./ :41 GNFNe fotegoing application has be@n exam,ined and the premises, business conducted anq chaLatter of the applicant is satisfaÂ¢tory, 2 I dAd we do report thl,t slialipermiti.if granted, will cdrriply with the provisions of TitleÂ· 12, Articlb'482. C.R.S., as amended. ix " ./ 41 . ' 2 .4 9' ~j;'~t r. I b '44 .7. :,04.0.+ .0,11.S- THEREFORE, THIS APPLICATION IS APPROVED.7 11 & w ' i. p...:.-1",9... : Â», 9 Â¥ t..", LOCAL LICENSING AUTHORITY (CITY OR COUNTY) E CITY TELEPHONE NUMBER OF CITY/COUNTY CLERK C] COUNTY SIGNATURE TITLE DATE DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY . i, n. 4*â‚¬ 1 P ~, <LIABILITY INFORMATION,4 6 15624 t,J, i . 4,< *4 :, , Â·LÂ·Â·. .' i . . Â·f/ 4Â· I ' 9/ > Â«4 ,. ~ â‚¬1 1 / u ./1 . i 1Â¥OTAL'~f:v*v~ 9Â· 7 :,~Â·Â·. License Account Numb~r 2 f t' illability Dat@Â·a .Â·- aState c ' . .~ . I .1 A 2 r 244 - -1 1 4 0. 444 ' 0/Â·r'Â· I 5 1/ I . ./.: : V .... .S ; ; , 0: Fe 9,~1 - . ... ...' 9 . ./.' I -A, 2 -:I . :C ...1 I. 1 I I .1 .... r -1. ./ . 0 : 230... 2, %. -750 (999)i . , .2 3 A~'Â· -Â· j!f. Â·*~Lâ‚¬ .' 2 (Instructions on Reverse Size) 3 44 13.Â·. >p.h ... N 1 1 Longs Peak Scottish Highland Festival RO. Box 1820 â€¢ Estes Park, Colorado 80517 (970) 586-6308 0 1-800-90-ESTES a..4 y *09 n FEN) CE ESTES RE PARK COLORADO . 1.. b. 11- 7. . . ~ L. - 6-'. b 1- \7-tÂ»-9 d \L : . X 1 1 - .- N ' . , .4. .. 9 . / ./ , / i I \ fa z-42 144/1913.,3/ 1/ fL., o e, ..r -.rib ,)