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Home My WebLink AboutPACKET Town Board 1999-08-24*tb)~- Prepared 8/19/99 *Revised 8/23/99 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, August 24, 1999 AGENDA 3:00 p.m. Liquor Show Cause Hearings: 3:00 p.m. - The Wheel. 4:00 p.m. - Nicky's. 5:00 p.m. - The Stanley Hotel. 6:00 p.m. - Approve, Amend, or Deny the Stipulation Agreement and Associated Findings and Order of Suspension for Safeway Stores 46, Inc. 6:15+ p.m. - Recess 7:00 p.m. - Reconvene PUBLIC COMMENT: TOWN BOARD COMMENTS: 1. CONSENT CALENDAR: 1. Town Board Minutes dated August 10,1999. 2. Bills. 3. Committee Minutes: A. Public Works, August 19,1999: 1. Lake Estes/Mall Road Trail Design Scope of Services - Approval of budget expenditure. Agenda continued on reverse side. 2. ACTION ITEMS: 1. Resolution #21-99 - Instituting procedure to address a Protest of an Initiated Ordinance Ballot Title. 2. Initiated Ordinance Petition: A. Resolution #22-99 (if referred to electorate). B. Ballot Title (Initiative). C. Election Agreement with Larimer County. 3. EPURA Resolution #275 - Requesting the Town to place the Mountain Discovery Concept on the Ballot for the November 2, 1999 Coordinated Election. A. Ballot Title (Referendum). 4. *Appointment to Stanley Hall Advisory Board - Acknowledge resignation of Greig Steiner and appointment of Jon Sypher. 5. Resolution #23-99 - Intent to Annex Kiowa Ridge Addition, refer to Planning Commission. 3. TOWN ADMINISTRATOR'S REPORT: TOWN OF ESTES PARK PROCEDURE FOR SHOW CAUSE LIQUOR HEARINGS August, 1999 The show cause liquor hearing should be conducted in the following manner: 1. The Police Chief or Attorney will state their case and present any evidence they wish to support same. 2. The Licensee or Attorney will present their case and present any evidence in opposition. 3. The Police Chief or Attorney will be allowed a rebuttal, limited to the evidence presented by the Licensee. No new evidence may be submitted. 4. The Licensee or Attorney will be allowed a rebuttal that may only rebut the evidence of the Police Chief. No new evidence may be offered. 5. The Board of Trustees may ask any questions of any person speaking at any time during the course of this hearing. 6. Public comment. 7. Acknowledge correspondence. 8. Town Board deliberation and "Finding". For the hearings on 8/24/99, staff recommends the deliberation for each individual hearing be delayed until all the hearings are completed. Also, staff recommends deliberation be in Executive Session to answer any legal questions that may have arisen. 9. For the hearings on 8/24/99: reconvene to determine whether or not a violation of the State Liquor Code has occurred, and if so, issue the appropriate penalty. BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO FINDINGS AND ORDER OF SUSPENSION IN THE MATTER OF: Safeway Stores 46, Inc. SAFEWAY STORES 46, INC. 451 E. Wonderview Ave. P. O. Box 5927 T.A. Denver, CO 80217 License No. 21-70664-0038 THIS MATTER comes on for Show Cause Hearing before the Board of Trustees of the Town of Estes Park, Colorado, sitting as the Liquor Licensing Authority with respect to the above referenced alcohol beverage license. The Board of Trustees, having been presented with a Stipulation and Agreement executed by the Estes Park Police Department and Town Clerk as representatives of the Town, and SAFEWAY STORES 46, INC., hereby accepts said Stipulation and Agreement and pursuant to said Stipulation and Agreement, enters the following FINDINGS AND ORDER: FINDINGS: 1. Notice of the Show Cause Hearing was mailed to the Licensee on July 15, 1999. 2. Based upon the Stipulation and Agreement presented to the Board of Trustees and incorporated into this Findings and Order by reference, the Authority finds that the allegations contained in Exhibit A of the Order to Show Cause and Notice of Hearing are true and represent violations of the Colorado Liquor and Beer Code. ORDER: The Authority hereby orders that the 3.2% Retail Beer License issued to SAFEWAY STORES 46, INC., 451 E. Wonderview Ave., be and hereby is suspended for period of 30 days, with an actual time served of 10 days, from 12:01 a.m. Wednesday, August 25, 1999 through 11:59 p.m. Friday, September 3, 1999. The 20 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period, AND all permanent employees be required to attend certified TIPS (Training Intervention Program for Servers of Alcohol) Training within 90 days from the date of the Findings and Order of Suspension. Permanent employees receiving certified TIPS Training to train their remaining employees, including new-hires, within 12 months from the date of the Findings and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO STIPULATION AND AGREEMENT IN THE MATTER OF: SAFEWAY STORES 46, INC. Judy A. Sears, Mgr. 451 E. Wonderview Ave. P. O. Box 5927 T.A. Denver, CO 80217 License No. 21-70664-0038 THIS AGREEMENT BETWEEN the Board of Trustees, Town of Estes Park, ("the Town"), acting as the Local Licensing Authority, and SAFEWAY STORES 46, INC., 451 E. Wonderview Ave., P. O. Box 5927 T.A., Denver, CO 80217 ("Licensee") is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Hearing attached hereto as Exhibit A and incorporated herein by reference. The above- named parties submit and agree as follows: 1. The facts and allegations as set forth on Exhibit A of the Order to Show Cause and Notice of Hearing are true and accurate. 2. The Licensee represents and states as follows: A. Licensee waives the right to a hearing before the Board of Trustees for the purpose of determining whether or not the Licensee committed the violations. B. Licensee waives the right to confront witnesses presented by the Town to establish the said violations and the right to have subpoenas issued requiring the presence of persons or the production of papers, books and records necessary for the determination of all issues to be presented to the Board of Trustees. C. Licensee's admissions to the alleged violations are made voluntarily and the admissions are not the result of any undue influence or coercion on the part of anyone. D. Licensee has had the opportunity to fully consider the consequences of the Stipulation and has had the opportunity to seek advice from its own legal counsel. E. Licensee understands that, by admitting to the alleged violations, the Board of Trustees will consider the said violations to have been proven and Licensee hereby waives the necessity of establishing a factual basis to support a finding of said violations. 3. The Licensee agrees to (A) a 30-Day Suspension, with an actual time served of 10 days of its 3.2% Retail Beer License as a penalty for its violation of the Colorado Liquor and Beer Code as set forth in Paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's 3.2Â°/0 Retail Beer License to take place as follows: From 12:01 a.m. Wednesday, August 25, 1999 through 11:59 p.m. Friday, September 3,1999. (B) The 20 days held in abeyance are suspended on the condition that no further violations occur within the one-year stipulation period, AND (C) All permanent employees are required to .attend certified TIPS (Training Intervention Program for Servers of Alcohol) Training within 90 days from the date of the Finding and Order of Suspension. Permanent employees receiving certified TIPS Training to train their remaining employees, including new-hires, within 12 months from the date of the Finding and Order of Suspension. A list of all trained personnel is to be provided to the Town Clerk's Office. 4. The parties agree that nothing set forth in this Stipulation and Agreement shall prevent or hinder the Town in considering suspension or revoking Licensee's 3.2% Retail Beer License for any violation of the Colorado Liquor and Beer Code, subsequent to the date of this Stipulation. However, the Town shall comply with all of the requirements of the Colorado Liquor and Beer Code in any subsequent proceeding. 5. In the event that the Board of Trustees chooses not to accept the provisions of this Stipulation, the Licensee shall be permitted to withdraw its admissions to the charges and proceed to hearing on all issues set forth in the Notice. If Licensee withdraws its admissions, nothing in this Stipulation shall be used as evidence or taken into account by the Board of Trustees in the hearing on the Notice or in any subsequent proceeding concerning this matter. 6. The persons executing this Stipulation and Agreement for the Licensee have full corporate authority to execute this Stipulation and Agreement and bind the corporation which is the Licensee. I I ju ~j M_, c h.F ,(- , 19 Ci 7 Â· DATED this 1 1 ' Alay of 3 Safeway Stores 46, Inc. TOWN OF ESTES PARK By:....l L.,i C t.i, (l, .(~ Byj~/~ E ~olice [14aftment 9 -4 1 T.0 ji Â«- 4 40 :L By: f'~100 0 420'5&~J C 1 u U a Â£, -l FI c..c, 1 6 lu Town Clerk 7 BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: Safeway Stores 46, Inc. SAFEWAY STORES 46, INC. 451 E. Wonderview Ave. P. O. Box 5927 T.A. Denver, CO 80217 Liquor License No. 21-70664-0038 WHEREAS, it has been made to appear to the Board of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the Â· statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "A' ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT "B" AND INCORPORATED HEREIN BY REFERENCE, IS A COPY OF THE FIELD INCIDENT REPORT OF THE ESTES PARK POLICE DEPARTMENT. NOW, THEREFORE, you are hereby ordered to appear before this Board in the Board Room of the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on Tuesday, August 24, 1999 at 7:00 p.m., or as soon thereafter as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed and delivered to the above-mentioned licensee. . IN WITNESS-WHEREOF, I have hereunto set my hand and seal of my office this /5-& day of 0.-Jt , 19 94 ,\\11111'111///// *O*1 N Or 4/4 TOWN OF ESTES PARK 39 1......... EN, 3- .. 21.. -'.0 'e:*032 - By: ~a& O- 24,a.,67 64% Â·>E Town Clerk 12Â· 4 L ./ f <,WT Y COL 0Â© //illilitililihi EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-47-901. Unlawful acts - exceptions. (1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person: (a) to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard; It is alleged that on or about June 5, 1999, Alvin G. Jiron, employee of SAFEWAY STORES 46, INC., did sell a six-pack of Bud Light Brand 3.2% Beer to a person under the age of 21. As Store Manager, Judy A. Sears, was also cited. This is a second offense. The first "sale to an underage person" occurred December 20, 1996. EXHIBIT "B" ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT #99-676 ATTACHED ESTES PARK POLICE DEPARTMENT REPORT NUMBER 99-676 FIELD INCIDENT REPORT - ............ - 1. Jace of Occurrence: 451 E Wonderview, Estes Park, CO Report Status: CHARGES FILED Grid: 73-05-25 Area: 6 Date(s)/Tiine(s) Date Assigned: 060599 of Occurrence: 050599/1852 Time Assigned: 1852 Time Arrived: 1852 Date/Time Time Completed: 1921 Reported: 060599/1852 Total Time: 29 Incident Name (1): UNLAW ACTS BEER Booked at DC?: No Juvenile Involved?: No Evidence/Property Seized?: Yes Synopsis: On 060599, an underage liquor sting operation was conducted at the address above. One six-pack of Bud Light was sold to CI#1 being less than 21 yoa. Person/Business Involvement Person(s) Charged: 1. CS ARON, ALVIN GEORGE DOR: 040979 SSN: Race/Sex: B/M Eth: N Hgt/Wgt: 505/130] Hair/Eyes: BLK/BRO lim Add: 1825 22nd St., #11, Greeley, CO 80601 Ph: (970)304-6957 Wk Add: 451 E Wonderview, Estes Park, CO Ph: 586-4447 . CS SEARS, JUDY ANN DOB: 070144 SSN: 443440436 Race/Sex: W/F ' Eth: U Hgt/Wgt: 500/160 Hair/Eyes: BRO/BLU Hm Add: 1230 Glacier View Ln., Estes Park, CO 80517 Ph: Wk Add: 451 E Wonderview, Estes Park, CO Ph: 586-4447 Other Involvement: 1. BO SAFEWAY Wk Add: 451 E Wonderview, Estes Park, CO Ph: 586-4447 Property Involvement Seized Property: Qiian Value Description 1 $5 (02) Alcohol Report Origin Self Initiated Report Outline Officer Actions Interview with Witness Officer Observations Officer Contact Case Disposition 1' 13'- >V ----Â»-2.-,Â·447~+1 C L. Â· --frÂ·>-Â« - I}*KERj5075 (psa/061099) SHIFT COMMANDER DATE APPROVED Page 1 ESTES PARK POLICE DEPARTMENT REPORT NUMBER 99-676 FIELD INCIDENT REPORT fficer Actions I arrived at SAFEWAY with Cpl. Pass and an underage CI, known as CI#1. CI#1 has proven reliable and has worked with alcohol stings with EPPD in the past. She was tested on a pbt. that tested .000 prior to the stillÂ·, operation. She was sent in with her CO D/L for ID that clearly states on the front that she is under the age c? 21. CI#1 is also using a $20 marked bill marked by EPPD for the purchase of alcohol. The approximate time of arrival should be noted as 1852 hrs. Interview with Witness The witness known as CI#1 stated that she was in the store and picked up a six-pack of Bud Light. She took it to lane #11 where the cashier, identified as ALVIN JIRON, was cashiering. CI#1 gave the beer to JIRON. JIRON scanned the beer and CI#1 noticed that ID was prompted on the screen of the cashier. Without requesting ID, the cashier cleared the screen and took the $20 marked bill for payment and gave back her change. CI#1 lei i the store with one six-pack of Bud Light and the change from the cashier along with the receipt. Officer Observations I observed CI#1 leaving the store with one six-pack of Bud Light beer, the receipt and $15.16 in change from tlic purchase of the beer. Officer Contact Cpl. Pass and myself contacted JIRON in the store along with the store manager. JIRON was very cooperative and pleasant. He did not deny the transaction. JIRON was served with a summons for selling alcohol to a pei sÂ·.1 i. under the age of 21. -ase Disposition ZON was served a summons for selling alcohol to a person under the age of 21. END OF REPORT - _Cikyry<1-~2)4;7-3 -- BAKEFd075 (psa/03-1-0-99) SHIFT COMMANDER DATE APPROVED Page 2 Town o f Estes Park, Larimer County, Colorado, August 10,1999 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 10th day of August, 1999. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker John Baudek Stephen W. Gillette George J. Hix Lori Jeffrey Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Absent: Gregory A. White, Town Attorney Mayor Dekker called the meeting to order at 7:00 p.m. PUBLIC COMMENT: None. TOWN BOARD COMMENTS: Trustee Baudek stated that over the last couple meetings, the Trustees have heard from the public that citizens don't want to see caged animals. Trustee Baudek contacted the Denver Zoo and found that as of August gth, they have had an attendance of 98,512 people. Ocean Journey opened 6/21 and they've had an average of 8,000 people/day on weekends, and 6,000 during weekdays - it appears that, under the right conditions, there are people who still want to see caged animals. 1. CONSENT CALENDAR: 1. Town Board Minutes dated July 27, 1999. 2. Bills. 3. Committee Minutes: A. Public Safety, August 5, 1999: 1. Street Closures: Portions of Manford Ave. and Community Dr. for Scottish Festival staging. 4. Planning Commission, July 20,1999. 5. Amendment to Development Agreement for Wildfire Ridge Addition. Trustee Doylen noted that Item #5/Amendment for Wildfire Ridge Addition is putting in writing what was previously approved by the Board of Trustees-it is not a new amendment. It was moved and seconded (Hix/Doylen) the consent calendar be approved, and it passed unanimously. Board of Trustees - August 10, 1999 - Page 2 2. ACTION ITEMS: 1. Al Wasson, PresidenUEstes Park Public Library District - Update on November 2nd Ballot Question. President Wasson reviewed the previous statistics from the "State of the Library" Report given to the Town Board March 23, 1999, and reported that the District is seeking voter approval to: (1) issue 20-yr. bonds for expansion in the amount of $735,000, and (2) "de-bruce." Library Director Ed Volz reviewed the proposed expansion that will add a second floor (4,000 sq. ft.). When the building was designed ten years ago, it was designed and constructed with this type of expansion in mind. A stairway is planned in the center of the floor for easy access to the second floor and existing elevator access will be made more visible. Plans for the second floor include: relocating and expanding the magazine section and Colorado Collection, a used book processing room for the Book Sale, new service area/reference desk, centralized audio-visual room, technology training room and new "Harper Room." The District anticipates adding staff (1-M to 2 FTEs) President Wasson confirmed that with approval of the bonds, a taxpayer with a $250,000 home would incur an expense of $11.64/yr. Stating the need for expansion is obvious, Mayor Dekker expressed the Board's appreciation for the update. 2. Platte River Power Authority (PRPA) - Update on Rawhide Gas Turbine Proiect. Light and Power Director Matzke commented on the Town's association with PRPA, reviewing the benefits from such an association, and introduced Brian Moeck, PRPA's new General Manager. Mr. Moeck introduced Mike Dahl and Bob Abiecunas from PRPA Headquarters in Ft.Collins who were providing a Powerpoint presentation on the "Peaking Resource Project". Both gentlemen provided background information, loads and resources, option analyzed, and project timeline. Handouts of the presentation were also distributed. General Manager Moeck reported on PRPA's Medicine Bow Wind Project and invited the rd Trustees to join a tour the facility on September 23 . Following a question and answer period, Mayor Dekker commended PRPA for the report. 3. Resolution #20-99 - Supporting the "Help Preserve Open Space Initiative" on the November 2nd Ballot to Continue the 1/4 cent Sales and Use Tax. Trustee Baudek noted that said Citizen Initiative has merit, affects Estes Park citizens, reported that Estes Park's portion of this sales and use tax provided funds for the Lake Estes Trail and purchase of the Willows and Bikle Properties - which are a benefit to all citizens of Estes Park. Trustee Hix added that this Initiative allows Larimer County to bond/borrow on anticipated tax revenues that should allow them to purchase property at reasonable cost, and the funding formula will remain the same. Trustee Baudek read the Resolution supporting the retention of the 14 cent sales tax for the preservation of open space, and it was moved and seconded (Baudek/Doylen) Resolution #20-99 be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. 1. OurFest Celebration. Town Administrator Widmer called everyone's attention to the "OurFest" Celebration that is scheduled at 6:30 August 17th at the Stanley Park Baseball Field, The celebration is being planned as one of the Trustee Outreach Goals to celebrate our community. The Elktones Band will play from 6:30 p.m. to dusk and then the move "ANTE will be shown. Board of Trustees - August 10,1999 - Page 3 2. 1999 Business License Update. Town Administrator Widmer reported that for the first time in several years, there were no mandatory court appearances by businesses failing to pay for their business license. Clerk O'Connor added that a total of 1,032 licenses have been issued to date, she commended Deputy Clerk van Deutekom for her diligence on this project. Mayor Dekker announced that due to the number of liquor show cause hearings, the August 24th Town Board agenda has been modified to begin with the hearings at 3:00 p.m. The standard agenda will follow at 7:00 p.m. Alan Aulabaugh, citizen, questioned the status of the Initiated Ordinance Petition. Clerk O'Connor reported that she had issued a Statement of Sufficiency August gth to the Petition proponents, and that the Board of Trustees would consider the Ordinance August 24th There being no further business, Mayor Dekker adjourned the meeting at 8:14 p.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk BRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee August 19,1999 Committee: Chairman Baudek, Trustees Barker and Jeffrey Attending: All Also Attending: Town Administrator Widmer, Public Works Director Linnane, Const. Facilities Mgr. Sievers, Clerk O'Connor Absent None Chairman Baudek called the meeting to order at 3:30 p.m. 1999 STREET OVERLAY PROJECT - REQUEST TO AWARD BID FOR OVERLAY PORTION. The 1999 Budget contains $200,000 for this Project, and bid results are as follows: Connell Resources, Ft. Collins $ 99,842.50 LaFarge, Ft. Collins 113,065.00 Coulson Excavating, Loveland 117,300.00 The other portions of this project, such as slurry seal, chip seal and striping, have been completed or are in progress, thus the remaining balance of this budget is $95,000. To fund and complete the total proposed project, staff is recommending $5,000 be transferred from the Street Materials Budget Line Item. Connell Resources has excellent references with the Town in previous projects. The Committee recommends the bid in the amount of $99,842.50 be awarded to Connell Resources, to include the transfer of $5,000 as specified above. Trustee Baudek questioned whether the current budget amount of $200,000/yr. is keeping pace with inflation, etc. Director Linnane reported that the Dept. now has pavement management software. Once data has been entered, staff will be aware of how many streets should be overlayed/yr. Mgr. Sievers added that he and his assistant have been inventorying streets-this project is labor intensive and he anticipates the program is on-line by the end of year. The program will also assist in forecasting budgetary requirements for the budget process. In conclusion, staff confirmed that yes, the budget should be augmented due to the substantial price increase (20%*) of asphalt in the past two years. LAKE ESTES/MALL ROAD TRAIL DESIGN - REQUEST APPROVAL OF SCOPE OF SERVICES. With the exception of the Mall Road link from the UTSD Service Road to Hwy. 36, the Lake Estes Trail is complete. For the past year, Van Horn Engineering has been negotiating with Mall *Road property owners (2) for additional right-of-way and coordinating roadway design with the Larimer County Public Works Dept. This last trail link is imperative based upon safety and usage issues. The Town and EVRPD have budgeted for design and construction of a temporary trail on the south side of Mall Road in 1999. The connection is to provide safety to trail users until the permanent trail can be constructed. The permanent trail will be on the north side of Mall Road. Temporary trail construction will not duplicate future work as the temporary project will be in accordance with all future work. If right-of-way negotiation and neighborhood meetings progress satisfactorily, temporary trail construction could be completed in 1999. A total of $50,000 was budgeted for right-of-way acquisition. BRADFORDPLIBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee - August 19,1999 - Page 2 Director Linnane reviewed the scope of services (engineering services only) from Van Horn Engineering. The cost is $18,085 and it would be shared equally between the Town and EVRPD. Temporary trail construction and right-of-way costs are estimated at an additional $72,000. The combination of EVRPD and Town budgets can accommodate this amount. A drawing was reviewed that identified the right-of-way needed, temporary trail along the south side with two roadway crossings, and the final trail location on the north side. Director Linnane restated that there is little duplication of work planned. Larimer County is requiring the Town to relocate a portion of Mall Road. John Spooner/Van Horn Engineering, commented on the negotiation with the major property owner, and Larimer County on the right-of-way, and the County has assigned one of their engineers to work with the Town to meet County standards. Pursuant to their budget constraints and previous project priorities, the County has confirmed that they are unable to participate in funding for Mall Road construction. However, staff confirmed that the Town will not assume maintenance of Mall Road when construction has been completed. Mr. Spooner confirmed that he has had difficulty reaching one property owner, but that the major property owner is ready to sign the agreement, and that any monies expended this year will not be wasted on construction of the temporary trail. Discussion followed pertaining to the possibility of phasing the contract, adding a contingency that approval of the scope would be granted upon obtaining the right-of- way, the necessity to "fast-track" to allow installation of the temporary trail prior to the winter season, the roadway is a current safety concern, and confirmation that there is a slight element of risk for the Town that is based on obtaining the necessary right-of-way. Mr. Spooner added that UTSD is adding to their plant, and there may be an opportunity to use their fill at no cost. The Committee recommends acceptance of the total scope of services in the amount of $18,085, with the Town portion being $9,042.50, concurrently authorizing staff to proceed with designing and bidding temporary trail construction. 1998 CHIQUITA LANE WATER LINE PROJECT - REQUEST APPROVAL OF CHANGE ORDER. Asphalt patching for this project was completed in the Spring of 1999. The asphalt quantity cost was estimated at $4,776; actual asphalt cost has since been finalized and verified at $6,376, an increase of $1,600. The new and more strict right-of-way work guidelines weren't in place when this project was bid. The Committee recommends approval of the change order in the additional amount of $1,600. REPORTS The Committee received the Customer Service Response Report for July. Dog Waste Station Update. Stations were placed in two locations: Tregent Park and near the Riverside Dr. Restroom area. Staff confirmed that these stations have been a success, thus an additional 2-4 stations will be added possibly behind the Municipal Bldg. near Black Canyon Creek, Bond Park, Chamber Bldg., and/or east of the River Walk. Stations are monitored every Friday to ensure an adequate supply of bags. DRADFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee - August 19, 1999 - Page 3 Highway 7/Country Club Dr. Signage Update. Staff confirmed that all work has been completed for additional school signage as requested by Linda Moudry. Work included shoulder widening, striping, signage, rocks, etc. Upon the School District's request, Public Works. is adding a speed table (calmer) on Graves Ave; installation should occur in September, 1999. Moraine Ave. Crosswalk (at Moraine Restrooms). The Committee discussed options for improving public safety at this crosswalk. Director Linnane will discuss this item when meeting with CDOT. There being no further business, Chairman Baudek adjourned the meeting at 4:05 p.m. 67) Cdup, Â©-thÂ«,40 Vickie O'Connor, CMC/AAE, Town Clerk RESOLUTION NO. 21-99 WHEREAS, Section 31-11-111 (4) C.R.S. provides that any protest concerning a ballot title shall be conducted as provided by local charter, ordinance, or resolution; and WHEREAS, the Board of Trustees of the Town of Estes Park pursuant to the terms and conditions of this resolution establishes a procedure for protest of any ballot title for an initiated ordinance or referendum filed with the Town pursuant to the provisions of Article 11 of Title 31, C.R.S. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Estes Park, Colorado: 1. Any registered elector of the Town of Estes Park or the persons designated as representing an initiated ordinance or referendum petition may file with the Town Clerk a written protest of the ballot title following the fixing of a ballot title by the Board of Trustees of the Town of Estes Park or its designee. 2. The protest shall be in writing and shall specify the grounds for the protest. 3. The protest shall be filed within 3 calendar days following the fixing of the ballot title. 4. If a protest is filed, the Town Board shall review the protest at a regular or special meeting. The person submitting the protest shall be given written notification of the review by the Town Board and an opportunity to be heard before the Town Board concerning the protest. 5. The Town Board review of the protest shall be limited to whether or not the ballot title fairly reflects the proposed initiative or referendum so that voters will not be clearly misled in support for or against the proposition by reason of words used in the ballot title. Adopted this day of ,1999. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk -23-99 16:07 FROM:PRCA NTL HEADQUARTERS ID:719 548 4876 PAGE AEAj #12- gria Professional Rodeo Cowboys Association 101 Pro Rodeo Drive 1 PRORODEO Colorado Springs. Colorado 80919Â·2301 719/593-8840 http:/hwww.prorodeo.com August 23, 1999 Honorable Mayor. Town Administrator and Board of Trustees Town of Estes Park 170 MacGregor Avenue Estes Park, Colorado RE: Proposed Animal Exhibition Ordinance Dear Mayor, Town Administrator and Board of Trustees Members: The Professional Rodeo Cowboys Association wishes to express concern regarding the proposed ordinance banning exhibition of animals in Estes Park. The proposed ordinance is vaguely written and could potentially create crimes of many activities el#qxgld ky dtizens in Estes Park. Making these events and activities illegal would also ne**fely affeâ‚¬Lih~,4.~my in Estes Park. Following are some concerns surrounding the vague mxÂ¢ribfthis~9,31inance. 2-ILI 1*J Â« 4&+!t_ .- i.,9,6 /1.4~..: , >- The exceptions' portion of the18*i;osed efdfli@mg~bes not give cl~ile~*fnptions of activities, but creates ~specific defense' t*targes. Does thisandaI~Lthat a person carY'Â®pparged with a crime and . %,Wy--=- 4Â». then use these defenses?,16 #i?*03 16 '*?ti ~41Â·, *?4*~ C--4 There are no accompanyiQi>lefinitions t6Â»j*Atio'#4* 31*ed ordinance. Â·4*hat is the definition of Â·exhibit.? What constitutÂ¢Nordinary c:Â¢99**1Mt w,e*team~ in point #1*the defenses? What is the definition of rodeoÂ»? Does this inclmt#MfKPeeaâ„¢Emog.41*arrel races and other rodeo events that are not included in an organized md*impr"F It doe* 90* to cover practicing rodeo events at all. tt:Â· *Ri f &.' Â·9/:f .:.4* * There are no provisions at all for horse,shows,+ 0rict interptetation'of the ordinance would outlaw all horse shows. 740.,3 16:90022 tr.~'\Or.N. Events held at the Stanley Park Fairgrounds that would potentially be illegal include: - Horse shows Â· Wool Fiber Shows ~ Scottish Festival that includes a dog show, jousting event, hightand cattle and sheep exhibitions. Â· Elk Festival - Dog Obedience Classes Taking the interpretation of the ordinance a bit farther, R seems to outlaw cage birds, dog walking by private individuals, fish aquariums, caniage horses, drcuses The loss of these events would have a very negative impact on the economy as well as the quality of life in Estes Park. I urge the Board of Trustees to reject this proposed ordinance. Sinverely, , r#.*Al. 11 j - Cindy SchonAbltz Animal Welfare Coordinator Professional Rodeo Cowboys Association ..e 24/1999 10:49 9706635839 RILEY PAGE 01 /P db W Dedicated to Preserving our Western Heritage FRIENDS OF RODED EXECUTIVE DIRECTOR linda B.dick Tuesday, August 24, 1999 Merced, CiA BOARD Of DIRECTORS Bob Rog:dale The Honorable Mayor and Board of Trustees Prosideni. Chowthillo. CA Lorry Kildull City of Estes Park Vice Protid,ni, Kenosho, WI BY FAX 586-2816 Sh.ito Dh,ko 50(rotory, No,hÂ¥1110. TN R.m $1..â€¢â€¢ RE: Proposed ordinance prohibiting the exhibition of animals Treasurof, Denver, CO ly.. De. Rapp Bowd Atombei, Rapid GIL 50 Dear Mayor and Board Members: ADVISORY BOARD 1- Abshlm 1 would like to express my concerns to you about the proposed Toma Spons Pralantotions 01 Tulic, Inc. ordinance prohibiting the exhibition of animals and to ask you to Sqndy Auslin oppose the proposed ordinance. Wronglor Youlh RodeD Paul Brown National Intorcollogiole Why would the citizens of Estes Park want to ban the following animal Rodeo Atsociotion exhibits? Do.g Cai. DVM Volofillofion Mmon (004 m.ne â€¢ Aquariums in offices (particularly dental offices where A,to,ne,/PRU Advisory Bood the intent is to calm the patients by watching the fsh) Gor,Ght 6~. 0 Therapeutic animals, including dogs, birds and cats, in Auguslus b.io extended care facilities or other treatment facilities Blopgchology Program. SkidmoTe Collogs . A ride in a horse-drawn carriage or sleigh Ronald Mccutchin o Animal adoptions by Colorado licensed rescues or Corel,n 1*Culchin InÂ¥,nmools shelters (except for those mentioned in the ordinance) Adrien M{Don.Id . Horse shows Nanonal High School Rod. Associollon â€¢ Animals exhibited for show or sale by cat breeders and le,Ile M,Fodden bird breeders, including those licensed by the State under the Pet American Junior Rodge Association Animal Care and Facilities Act Mlk. Mi.ni, MARC & APU Humone Relations Spoke:mon The proposed ordinance contains no exemptions, exceptions or Dil, Motley defenses for the above animal activities. The ordinance contains no Notionol Son;of Pro Rod. Atiodotion exemptions or exceptions for anY animal activities - certain identified 00â€¢ Mcipaddon activities are afforded only a "specific defense" to the charge of Rod00 Announce,/PRCA Ad, 309 Board violation of the ordinance. Bob Simpson Nolional Unlâ€¢ Britchot I am a native of Larimer County who spends many days each year in Rodâ€¢o Assod,tion Raiono Wadhoms Estes Park. My leisure activities are animal activities including Miss Rodeo Americo rodeos, team roping and horse shows. I showed my Paint horse at Denâ€¢v WalkIns Cathy Watkins Honoio,y life Momberi P.O. Box 428 â€¢ Merced, CA 95341 Â· (209)726-0261 â€¢ Fis: (209)726.8353 Â· Fof,t:z428(,aol.ccm 08/24/1999 10:49 9706635839 RILEY PAGE 02 the Stanley Park Fairgrounds. During the show weekends, my family and I stayed in local lodging and ate our meals at local restaurants. We shopped in your stores, supported local businesses and added to your City sales tax income. Should this proposed ordinance become law, I believe that the horse shows will find another location outside of Estes Park and the income flow from the participants and spectators will cease. Other activities involving animals will have a similar result - the participants will find another location and the citizens of Estes Park will suffer the loss. Estes Park, like most of Colorado, promotes our western heritage. Certainly, rodeo and related animal activities are a significant part of that heritage. Yet, the proposed ordinance will place those activities at risk. The vague and undefined language may cause the events afforded a specific defense to hold the events elsewhere, outside of Estes Park. For example, what does "exhibited in the ordinary course of business by a rodeoÂ» mean? Who determines what is in the ordinary course? What does "rodeo" mean? Does it include only sanctioned events, and if so, sanctioned by what organization? (There are several sanctioning organizations) Does it include other events that take place during a rodeo, such as barrel racing or specialty acts? What about team roping that takes place outside of a conventional rodeo, such as USTRC sanctioned roping, jackpots, open roping and the like? What about practice time? I am a lawyer who practices agricultural and government law and who knows rodeo, yet I cannot state with any certainty what activities are defensible and which are not under this proposed ordinance. Rather than risking being charged with violation of the ordinance and forced to defend themselves under the ordinance's vague and undefined terms, these activities would likely hold their events somewhere else. The proposed ordinance will have a significant detrimental impact upon the citizens of Estes Park. Please oppose the proposed ordinance. Sincerely: 9fi44 Kathie Troudt Riley Colorado Director of Friends of Rodeo 441 S.W. 42na Street Loveland, Colorado 80537 Phone and Fax (970) 663-5839 Town Clerk's Office Memo To: Honorable Mayor Dekker Board of Trustees Town Administrator Widmer Town Attorney White From: Vickie O'Connor, Town Clerk Date: August 18, 1999 Re: Initiated Ordinance Petition - Statement of Sufficiency, Resolution and Ballot Title BACKGROUND: On August 4, 1999, I received an Initiated Ordinance Petition requesting the Board of Trustees to adopt an ordinance prohibiting the exhibition of animals in a cage or other enclosure, or the exhibition of an animal by tethering the animal to an object. When the Initiated Ordinance was submitted to me for approval of the form on July 15~h Larimer County advised that the Town's total registered electors was 4,458. State statut; 31-11-104 requires a petition to be signed by at least 5% of the registered electors; the total number of signatures required is 223. Additional background information continued on the second page. BUDGET: Based on Larimer County's 1999 Estimated Billable Election Expense Sheet, the cost could be approximately $800.00 (as our ballot titles are brief, it appears the $800 would cover both ballot questions-the Initiated Ordinance and Mountain Discovery). This estimate does not include Town attorney fees, Town staff expenses, nor publication costs. RECOMMENDATION: If the Town Board refers the Initiated Ordinance to the electorate, I recommend approval of: 1. Resolution #22-99. 2. Ballot Title (reviewed/approved by Town Attorney White). 3. Election Agreement with Larimer County. I have completed my signature verification (based on the Larimer County Voter Registration Records), and found the following: 4 There were 8 petitions submitted August 4, 1999. 4 The petitions contained a total of 274 signatures. 4 Forty-seven (47) signatures were disqualified. 4 Two-hundred twenty-seven ( 227) signatures were verified. 4 A ninth petition containing 11 signatures was submitted August 6~h. however, as I had already verified over 223 signatures, this petition was placed in th; file without further action. 4 I issued a Statement of Sufficiency August 9, 1999. Within 20 days from the Statement of Sufficiency (August 99, the Trustees must either: (1) adopt, without alteration, the Initiated Ordinance as proposed, or (2) refer the Initiated Ordinance to the registered electors of the municipality at a regular or special election, held not less than 60 days and not more than 150 days after the statement of sufficiency. Due to the time constraints listed above, should the Town Board select Option #2, the Initiated Ordinance could be placed on the Larimer County Ballot scheduled November 2nd, and I have prepared a Resolution and Ballot Title. â€¢ Page 2 ORDINANCE NO. WHEREAS, it is the desire of the citizens of Estes Park to prohibit the exhibition of animals, because the caging and/or tethering for exhibition of animals is not desirable in itself, nor does it, in the opinion ofthe citizens, reflect the unique character or nature ofthe Estes Park community. The exhibition of animals and the procurement of such for exhibition irrevocably diminishes community care and respect for such animals and imposes on them an unnatural and cruel existence. The natural habitat that animals experience in the Rocky Mountain National Park, which is contiguous to the Town of Estes Park and is the primary symbol of the Town for all visitors to the Estes Park area, is the image that the citizens want to preserve. WHEREAS, it is the intent of this ordinance to prohibit the exhibition of animals. NOW, THEREFORE, BE IT ORDAINED by the Town of Estes Park: THAT THE ESTES PARK MUNICIPAL CODE BE AMENDED TO ADD THE FOLLOWING SECTION: Section 7.06.040 Exhibiting Animals Prohibited (a) It is unlawful for any person to exhibit an animal in a cage, kennel, box, cell, showcase, or other enclosure or to exhibit an animal by tethering the animal or tying or attaching the animal to any object. (b) It is a specific defense to a charge of violating this section that: (1) The animal was exhibited temporarily for a period not exceeding 120 hours for educational purposes by the Park School District or the Rocky Mountain National Park; (2) The animal is domestic, as determined by the Colorado Wildlife and Agricultural Commissions, and was exhibited in the ordinary course of business by a pet store, dog kennel, farm, ranch, fair, livery, stables or rodeo; (3) The animal was exhibited for purposes of adoption by a non-profit humane society; or a non-profit Pet Association of Estes Park, Inc. which is exempt from Federal income taxes under Section 501(c)(3) of the United States Internal Revenue Code; or (4) The animal is wildlife, as defined by the Colorado Revised Statutes, and was being held for rehabilitation or medical treatment by a person licensed by the State of Colorado to provide such rehabilitation or medical treatment. /9 /n 04 1 DATED this day of '1999 0 TOWN OF ESTES PARK ATTEST: 7/ -/ + BY: . BY: Clerk Mayor 1 1 RESOLUTION NO. 22-99 WHEREAS, on August 4, 1999, an Initiated Ordinance Petition was filed with the Town Clerk; and WHEREAS, on August 9, 1999, the Town Clerk issued a Statement of Sufficiency to the Town Board stating that the Initiated Ordinance Petition had the requisite number of signatures; and WHEREAS, the Board of Trustees have reviewed the Initiated Ordinance Petition; and WHEREAS, following said review the Board of Trustees did not adopt the Initiated Ordinance Petition as presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: Section 1. The Initiated Ordinance Petition filed on August 4, 1999 is hereby referred to the registered electors of the Town of Estes Park, Colorado for the Larimer County Coordinated Election November 2, 1999. Section 2. The Town Clerk is hereby ordered to forthwith publish the Initiated Ordinance. Section 3. The Town Board hereby designates the Town Clerk to promptly fix a ballot title for the Initiated Ordinance and certify the ballot to the Larimer County Clerk and Recorder. Passed and adopted at a regular meeting held on the day of , 1999. TOWN OF ESTES PARK, COLORADO By Mayor ATTEST: Town Clerk BALLOT TITLE INITIATED ORDINANCE PROHIBITING THE EXHIBITION OF ANIMALS November 2, 1999 Coordinated Election INITIATIVE SHALL THE TOWN OF ESTES PARK PROHIBIT THE EXHIBITION OF ANIMALS IN A CAGE OR OTHER ENCLOSURE OR THE EXHIBITION OF ANIMALS BY TETHERING THE ANIMAL TO AN OBJECT? YES NO Â« lackÂ£,0 6*,~ *- preclude the Clerk from sending the Amendment 1 Notice of the Public Entity to persons other than electors o f the Public Entity i f such sending arises from the Clerk's efforts to mail the Amendment 1 Notice Package at "least cost". Q. submit an itemized invoice to the Public Entity setting forth the fee to be paid by the Public Entity. R. remove the ballots from the ballot box after the time period for election contests has passed and preserve the ballots as election records pursuant to C.R.S. Â§1-7- 802. If requested by the Clerk, the Public Entity shall advise the Clerk when the time period for election contests has passed. In addition, the Public Entity shall immediately notify the Clerk of any election contest which is initiated and shall keep her apprised of the need to retain the election records for use in such a contest. Other: The minimum fee for election services is $100.00 for ballot support and $100.00 for TABOR support. 2. DUTIES OF THE PUBLIC ENTITY j The Public Entity shall perform the following duties, in connection with the election to be held on November 2, 1999: A. provide a certified copy on diskette (in a format requested by the elections office), at the earliest possible time and in any event prior to the fifty fifth day before the election, of the ballot content (candidates, issues and questions) to the Clerk exactly as and in the order that it is to be printed on the ballot pages and sample ballots. B. proofread and approve the ballot content. C. prepare and publish all notices related to the Public Entity's election which are required by law. D. prepare and mail all voter information cards, voter information letters or other notices related to the Public Entity's election which are required by law. E. submit all deadline dates to the Clerk for review by the Clerk. F. if requested by the Clerk, furnish precinct maps to be included in supplies for each election precinct. 3 G. have the designated local election official (or one other person satisfactory to the Clerk) attend the training session for election judges and assist the Clerk in the conduct o f the training session as requested by the Clerk. H. if requested by the Clerk, provide person(s) to participate in the ballot counting procedures as accomplished by any electronic vote tabulating equipment used in the election. The Public Entity personnel may participate in various boards with personnel from the Clerk's office to ensure Public Entity participation in each of the electronic vote tabulating procedures that shall be used. I. upon receipt of the invoice provided for in Section 1 (Q), pay to the Clerk within 30 days a fee which shall be an amount determined in accordance with the formula set forth on Exhibit "A" which is attached hereto and incorporated herein by reference. J. notify the Clerk if it is a municipality which has provided by ordinance or resolution that it will utilize the requirements and procedures of the Uniform Election Code of 1992 in lieu of the Colorado Municipal Election Code of 1965 with respect to this election and to forthwith provide a copy of said ordinance or resolution to the Clerk. K. designate a designated local election official who shall be the official contact person for the Clerk and who shall perform such duties as are required by law including the obligation to receive and summarize written comments for and against proposals which are subject to the requirements of Article X, Section 20 of the Colorado Constitution. The parties agree that the Clerk as chief coordinated election official shall have no duty or obligation to receive or summarize such comments. If the Clerk receives any such written comments, she shall promptly notify the Public Entity by telephone of this and the Public Entity shall promptly pick up the written comments. L. provide to the Clerk the notice required by Article X, Section 20 of the Colorado Constitution, including summaries of any written comments received for or against a proposal, including any sumniary prepared by petition representatives, at least forty-two days prior to the election on diskette (for required specifications, see Exhibit "B") or in such other form as may be acceptable to the Clerk. The Public Entity shall be solely responsible for the preparation and content of the notice. M. by its signature herein, the Public Entity delegates to the Clerk its authority to determine the compensation to be paid to election judges and alternate judges. 4 N. mail to all property owners within Public Entity's district, other than those property owners to whom the Clerk has mailed notice under Section 1 (P) above, the notice required by Article X, Section 20 of the Colorado Constitution not less than thirty days prior to the election, such mailing to be in accordance with the requirements of the Colorado Constitution, statutes and rules and regulations. 3. ABSENTEE/EARLY VOTING A. The Clerk shall be responsible for conducting absentee/early voting, such services to be included in the fee set forth in Section 1 (Q). B. The Clerk shall procure all necessary supplies necessary for absentee/early voting, such supplies to be included in the fee set forth in Section 1 (Q). C. The Clerk shall procure absentee/early voting ballots, such ballots to be included in the fee set forth in Section 1 (Q). 4. The designated local election official of the Public Entity is Vickie O 'Connor, Town Clerk 5. The Clerk shall place upon the ballot the ballot content properly certified to her in accordance with law. The Public Entity shall be solely responsible for determining whether a ballot issue or question or candidate is properly placed before the voters. 6. All computations of time shall be governed by the provisions of C.R.S. Â§1-1-106. 7. In the event that the Public Entity's election for which this contract was entered into is canceled prior to the date such election was scheduled to occur and notice of such cancellation is provided to the Clerk by the Public Entity, the Public Entity shall pay a fee calculated in accordance with the formula set forth in Exhibit "A" from which shall be deducted the Public Entity's prorata share of any expenses not incurred by the Clerk as a result of the cancellation. 8. In the event a court of competent jurisdiction finds that the election for the Public Entity was void or otherwise fatally de fective as a result of the sole breach or failure o f the Clerk to perform in accordance with this Agreement or laws applicable to the election, the Public Entity shall be entitled to recover actual expenses or losses caused by such breach or failure up to the maximum amount paid by the Public Entity to the Clerk under this Agreement. The Clerk, or Larimer County, Colorado, shall in no event be liable for any expenses, damages or losses in excess o f the amounts paid under this Agreement. This remedy shall be the sole and exclusive remedy for the breach available to the Public Entity under this Agreement. 5 9. No portion of this Agreement shall be deemed to create a cause of action with respect to anyone not a party to this Agreement, nor is this Agreement intended to waive any privileges, immunities the parties, their officers, or employees may possess, except as expressly stated in this Agreement. 10. The Clerk and Recorder reserves the right to decide to print only the ballot issue identifying information on the ballot and the ballot title on a separate sheet of paper. The Clerk and Recorder will incur any additional printing costs for the separate printing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective upon the date first above written. LARIMER COUNTY, COLORADO ~pERK AND RECORDER Date: 4 11% F-99 ,:71. -**~026;DLW.%4 I 1 ~09rna R~#5nberge>- 0 DElle 4 p~d~&,/999 BOARD OF COUNTY COMMISSIONERS OF U THE COUNTY OF LARIMER ATTEST: Â¢ c 0 Pdta.4Â»pc - a-ZE-(.CAL/' By:L 10416.Â«L_,-f Uk-,â‚¬37 (- Deputy ClerlÂ¢>fthe Board Chairz PUBLIC ENTITY: NAME OF PUBLIC ENTITY: Date: By: Title o f Authorized Representative signing on behalf of Public Entity DATE: APPROVED AS TO FORM: ASSISTANT COUNTY ATTORNEY 6 =g RESOLUTION 275 Â©091 A RESOLUTION OF THE ESTES PARK URBAN RENEWAL AUTHORITY RECOMMENDING TO THE TOWN BOARD OF TRUSTEES CONSIDERATION OF THE MOUNTAIN DISCOVERY CONCEPT, REQUESTING PLACEMENT OF THE QUESTION OF ITS DESIRABILITY ON THE NOVEMBER 2,1999 BALLOT AS A REFERRED MEASURE AND SCHEDULING PUBLIC OPEN HOUSES TO SHARE INFORMATION WITH ALL CITIZENS AND GROUPS IN ESTES PARK WHEREAS, the Estes Park Urban Renewal Authority has undertaken its charge to investigate the desirability and feasibility of the Mountain Discovery Concept; which addresses the further economic, aesthetic and functional enhancement ofEstes Park; and WHEREAS, the Estes Park Urban Renewal Authority, with the assistance of its multidisciplinary project team, has determined that this endeavor will be in the best interest of Estes Park and is an outstanding opportunity to provide peripheral parking, improve vehicular and pedestrian circulation, make optimum use of open space and the river's amenities and realize additional economic development that will enhance existing businesses and the community. NOW, THEREFORE, BE IT RESOLVED BY THE ESTES PARK URBAN RENEWAL AUTHORITY THAT: 1. Mountain Discovery is approved as a project tb at implements the comprehensive plan for the Urban Renewal Area and serves as an important economic development opportunity for Estes Park. 2. The Estes Park Board of Trustees is hereby requested to place the question of the desirability of Mountain Discovery on the November 2,1999 ballot as a referred measure. 3. The Estes Park Urban Renewal Authority; its commissioners, staff and consultants as needed; conduct a series of open houses for all interested citizens and groups prior to the November 2, 1999 election, to present information relative to Mountain Discovery. th ADOPTED this 18 day of August, 1999. ESTES PARK URBAN RENEWAL AUTHORITY //2- /6/ 6 .22-4/n.va Chairman V-. ATTEST: 2 2Â«-14~ Secretjhy BALLOT TITLE MOUNTAIN DISCOVERY November 2, 1999 Coordinated Election REFERENDUM SHALL THE TOWN OF ESTES PARK, THROUGH THE ESTES PARK URBAN RENEWAL AUTHORITY, ENTER INTO A PUBLIC/PRIVATE PARTNERSHIP WITH AMFAC PARKS AND RESORTS TO CONSTRUCT MOUNTAIN DISCOVERY? YES NO GREIG STEINER GALLERY PAINTINGS - DRAWINGS - CUSTOM FRAMING - BRONZE -0)1'EÂ©[g-liA'11 |Ill AUG 1 0 1999 1Jj 49 Mayor Bob Dekker --J Town of Estes Park ~ Dear Bob. I regrec that I must resign from the FOSH committee and from my position on the 501 (c) (3) board effective immediately. I appreciated you trust in appointing me to the committee. however circumstances beyond my control dictate this move. I have enjoyed working with the other committee members for the last two and a half years. with the town staff and wirn Bruce Mc Millan. I wish all concerned good luck with the completion of the Stanley Hall project. Sincerely 614 Greig Steiner cc: Bennett Penn IN ESTES PARK - COLORADO - BOX 1671 - 80517 - PHONE 586-3358 Jon & Marsha Sypher 3825 Star Way Estes Park, Colorado 80517 Tel: 970-586-4379 Fax: 970-586-1864 To: The Friends of Stanley Hall From: Jon M. Sypher Date: August 9, 1999 It is with pleasure that I submit my resume to the Friends of Stanley Hall. If I am selected, I look forward to working diligently for the best interest of Stanley Hall and the town of Estes Park. If there is any additional background information I can supply, please let me know. I look forward to hearing from you. Sincerely, y~/M. Sypher U . Jon & Marsha 5ypher 3825 Star Way Estes Park, Colorado 80517 Tel: 970-586-4379 Fax: 970-586-1864 I was born and raised in Detroit, Michigan. I attended the University of Tennessee and Arizona State University, with a degree in Geography and Mathematics. I met Marsha in the Detroit area and we were married in May of 1968. We were transferred to New York City shortly thereafter and I worked in corporate sales. We moved to the West Coast in the 1970's and there I went to work for American Seating Company. While in Southern California, Marsha and I were on the Foundation Board of the Pleasant Valley Hospital, Camarillo, California. I also was elected to the Board of Directors of Las Posas Country Club for three years, specifically I was Chairman of the Construction and Remodeling Committee. While with American Seating, I was in charge of two West Coast Divisions and the Far East. 1 ran their stadium and theater seating division and school and office furniture division. I also had the opportunity to open up the Asian market. I successfully negotiated the seating for the Seibu Lions professional baseball team in Tokyo. In the late 1980's, Marsha and I were awarded the first start-up Steelease furniture dealership in Southern California in over twenty-five years. Steelcase is the largest office furniture manufacturer in the world. In 1991, after building the company to over twenty-five employees and $5,000,000 in annual sales, we sold it to a large company in the Los Angeles area. We then moved to a small town near Yosemite National Park. In 1994 during a business trip to Colorado, we discovered Estes Park. We purchased some property and built our home and I ran the United States operation of a Japanese company. Finally in 1996, we permanently moved to Estes Park. Marsha and I have a small company in town that does embroidery and other products for the local business community. We also do some business consulting with our specialty being marketing and strategic planning. I am a member of the Estes Park Rotary, serving on the Scholarship Golf Tournament Committee and The Duck Race Committee. I also ran the Rotary Inter-Club Tournament this past year. I am also on the Board of Directors for Little Valley Homeowners and on the Friends of the Estes Park Historical Museum Board. We love Estes Park and feel we have been an asset to the area. Living and working in Estes Park has afforded us the opportunity to give back to our community. 11/11... i.1 '42&*mli.ip, 0000 60*..1 79,Â»2..4 4 \W#~ ..U i'.1.,mor#=0::Efo:ib,ir S~E ...-/ ..~ .... RESOLUTION NO. 23-99 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 finds 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 "KIOWA RIDGE ADDITION" to the Town of Estes Park, Colorado. Such area is described as follows: A PORTION OF SECTION 2, THE NORTH M OF SECTION 1, AND THE NE 1/1 OF SECTION 11, T4N, R73W OF THE 6th P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 1,2, 11, AND 12, T4N, R73W OF THE 6â„¢ P.M., THENCE N 85Â°54'22" W 107.19', MORE OR LESS, TO THE EASTERLY R.O.W. OF COLORADO HIGHWAY NO. 7; THENCE CONTINUING ALONG SAID R.O.W. THE FOLLOWING 5 COURSES: 640.39' ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 408.10', AN INTERNAL ANGLE OF 89Â°54'30", AND A CHORD BEARING S 80Â°22'04" W 576.68'; THENCE N 54Â°32'22" W 932.5'; THENCE 266.44' ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 623.00', AN INTERNAL ANGLE OF 24Â°30'14", AND A CHORD BEARING N 42Â°17'15" W 264.41'; THENCE N 30Â°00'23" W 100.19'; THENCE 507.01' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 268.30', AN INTERNAL ANGLE OF 108Â°16'19", AND A CHORD BEARING N 84Â°17'09" W 434.87'; THENCE CROSSING SAID R.O.W. N 48Â°33'55" W 100.00' TO THE WESTERLY R.O.W. OF SAID HIGHWAY NO. 7; THENCE LEAVING SAID R.O.W. N 72Â°21'58" E 685.03'; THENCE S 78Â°46'38" W 200.00'; THENCE S 64Â°O8'38" W 215.00'; THENCE S 46Â°26'38" W 230.00'; THENCE N 11Â°12'16" E 1523.33'; THENCE S 74Â°01'22" E 1306.05'; THENCE N 88Â°16'30" E 60.00'; THENCE 160.92' ALONG A NONTANGENT CURVE TO THE RIGHT WITH A RADIUS OF 100.00', AN INTERNAL ANGLE OF 92Â°12'08", AND A CHORD BEARING N 44Â°22'34" E 144.11'; THENCE S 89Â°31 '22" E 22.53'; THENCE 176.83' ALONG A NONTANGENT CURVE TO THE RIGHT WITH A RADIUS OF 250.00', AN INTERNAL ANGLE OF 40Â°31'39", AND A CHORD BEARING N 70Â°12'48" E 173.17'; THENCE S 89Â°31'22" E 155.73'; THENCE 70.27' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 70.00', AN INTERNAL ANGLE OF 57Â°31'00", AND A CHORD BEARING N 60Â°45'08" E 67.36'; THENCE N 31Â°59'38" E 133.90' MORE OR LESS TO THE SOUTHERLY R.O.W. OF MARY'S LAKE ROAD; THENCE ALONG SAID R.O.W. S 57Â°02'33" E 60.01'; THENCE LEAVING SAID R.O.W. S 31Â°59'38" W 132.88'; THENCE S 49Â°37'43" W 240.56'; THENCE S 08Â°18'52" E 9.70'; THENCE S 89Â°31'22" E 575.40', MORE OR LESS, TO THE WESTERLY R.O.W OF COLORADO HIGHWAY NO. 7'; THENCE ALONG SAID WESTERLY R.O.W. THE FOLLOWING 6 COURSES: 17.12' ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1196.09', AN INTERNAL ANGLE CF 00Â°49'12", AND A CHORD BEARING N 05Â°24'09" E 17.12'; THENCE N 05Â°48'45" E 1758.00'; THENCE 1447.45' ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 766.24', AN INTERNAL ANGLE OF 108Â°14'00", AND A CHORD BEARING N 59Â°55'31" E 1241.63'; THENCE S 65Â°59'49" E 208.43'; THENCE 1542.94' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1177.72', AN INTERNAL ANGLE OF 75Â°03'50", AND A CHORD BEARING N 76Â°28'15" E 1434.94'; THENCE N 38Â°55'44" E 1258.90'; THENCE CROSSING SAID HIGHWAY NO. 7 S 46Â°50'01" E 100.27' TO THE EASTERLY R.O.W. OF SAID HIGHWAY NO. 7; THENCE ALONG SAID EASTERLY R.O.W. THE FOLLOWING 7 COURSES: S 38Â°55'44" W 1251.49'; THENCE 1673.97' ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1277.72', AN INTERNAL ANGLE OF 75Â°03'50", AND A CHORD BEARING S 76Â°28'15" W 1556.85'; THENCE N 65Â°59'49" W 208.50'; THENCE 1258.55' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 666.24', AN INTERNAL ANGLE OF 108Â°14'00", AND A CHORD BEARING S 59Â°55'31" W 1079.59'; THENCE S 0548'45" W 1758.00'; THENCE 557.65' ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1096.09', AN INTERNAL ANGLE OF 29Â°09'00" AND A CHORD BEARING S 08Â°45'45" E 551.66'; THENCE S 23Â°20'15" E 655.39'; THENCE LEAVING SAID R.O.W. N 66Â°39'44" E 295.95'; THENCE S 00Â°51'55" W 970.00', MORE OR LESS, TO THE POINT OF BEGINNING. SURVEYOR'S NOTES: 1. 22.9% OF THE PERIMETER OF THE PROPOSED KIOWA RIDGE ADDITION ANNEXATION IS CONTIGUOUS WITH THE PERIMETER OF THE CURRENT CORPORATE LIMITS OF THE TOWN OF ESTES PARK. (TOTAL PERIMETER = 22,948.67', CONTIGUOUS PERIMETER = 5249.87') 2. AREA OF KIOWA RIDGE ADDITION ANNEXATION: 4,839,170 S.F. = 111.09 ACRES 3. PLATTED INFORMATION REGARDING COLORADO HIGHWAY NO. 7 WAS OBTAINED FROM THE 6â„¢ AND 8â„¢ FILINGS OF CARRIAGE HILLS, ARAPAHO MEADOWS ADDITION TO THE TOWN OF ESTES PARK, THE AMENDED GREY FOX ESTATES AT CEDAR RIDGE 1ST AND 2~ FILINGS, AND THE BROUN M.L.D. #S-117-87 SURVEY. DEEDED INFORMATION REGARDING THE KIOWA RIDGE PROPERTY WAS OBTAINED FROM THE LEGAL DESCRIPTION OF THE SAME. BEARINGS WERE ROTATED TO MAKE THEM RELATIVE TO THE PLAT OF THE 8 TH FILING OF CARRIAGE HILLS. IT IS FURTHER RESOLVED, that in accordance with Section 31-12-108, C.R.S., the Town Board public hearing shall be held on October 12, 1999 at 7:00 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 Sections 31-12-104 and 31-12-105, C.R.S. . IT IS FURTHER RESOLVED, that the Town Clerk shall give the notice of the hearing as provided in Section 31-12-108(2), C.R.S. IT IS FURTHER RESOLVED, that the plat of the Kiowa 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, and that the Planning Commission's public hearing shall be held September 21, 1999. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk