HomeMy WebLinkAboutPACKET Town Board 2007-07-10F i LE Prepared 7/2/07 *Revised Cp·ff'·rt,£ I .aq#-7#eypt'·r:- ... rUe«.41*43.*11. 7264:.44 1111 TOWN.~OLISTES-; PARI<>t:..iff·i~«~ - «= *"U>k,447>..Atcy/»'r:L'~':::·~ .~. .*72~·3*··:" 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 natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 10, 2007 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. PUBLIC COMMENT (Please state your name and address). TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated June 26,2007. 2. Bills. 3. Committee Minutes: A. Public Safety, June 28,2007: 1. Wildland Fire Memorandum of Understanding with Larimer County. 2. Policy Manual Update - Municipal Court Fee Schedule. B. Community Development, July 5,2007: CVB: 1. Standard Horse Show Contracts. a. Rocky Mountain Team Penning, September 14- 16, 2007. b. Colorado State Sheriff's Posse Association Meeting and Gymkhana, August 31 - September 2, 2007. 2. Auto Extravaganza Road Closure, August 18, 2007 - MacGregor Avenue to Park Lane Road Closure. 2. ACTION ITEMS: 1. ORDINANCE #14-07 & #15-07- AMENDMENT TO THE REMOVAL OF VEHICLES FROM CERTAIN LOADING ZONES. MUNICIPAL CODE 10.12.010 & AMENDMENT TO THE MODEL TRAFFIC CODE. LOADING ZONES. Chief Richardson.
2. FIRE DEPARTMENT SERVICE AREA OUTSIDE TOWN LIMITS - LARIMER COUNTY IGA. Administrator Repola. 3. TOWN ADMINISTRATOR REPORT. 4. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared.
hp LaserJet 3015 HP LASERJET FAX invent Jul-6-2007 1:01PM Fax Call Report Job Date Time Type Identification Duration Pages Result 423 7/ 6/2007 12:53:56PM Send 6672527 0:56 2 OK 424 7/ 6/2007 12:54:57PM Send 5869561 0:53 2 . OK 425 7/ 6/2007 12:55:55PM Send 5869532 0:51 2 OK 426 7/ 6/2007 12:56:51PM Send 5866336 0:53 2 OK 427 7/ 6/2007 12:57:49PM Send 5861691 1:04 2 OK 428 7/ 6/2007 12:59:00PM Send 6353677 0:44 2 OK 429 7/ 6/2007 12:59:50PM Send 2247899 0:44 2 OK 430 7/ 6/2007 1:00:39PM Send 5771590 1:00 2 OK
Town of Estes Park, Larimer County, Colorado, June 26,2007 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 26th day of June, 2007. Meeting called to order by Mayor ProTem Pinkham. Present: Bill Pinkham, Mayor ProTem Trustees Eric Blackhurst Dorla Eisenlauer Richard Homeier Chuck Levine Wayne Newsom Also Present: Randy Repola, Town Administrator Jacquie Halbumt, Deputy Town Administrator Jackie Williamson, Town Clerk Absent: John Baudek, Mayor Town Attorney White Mayor ProTem Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATION. Mayor ProTem Pinkham read a proclamation to proclaim the week of July 1 0th through July 15th Rooftop Rodeo Week. COLORADO ENVIRONMENTAL COALITION AWARD. Administrator Repola presented the Board with the Colorado Environmental Coalition 2007 Community Partnership Award. The award recognizes the Town's support for the Wilderness designation for Rocky Mountain National Park. PUBLIC COMMENT. Wendell Amos/Estes Valley Land Trust thanked the Board for the Town's contribution towards the purchase of Hermit Park. EVLT invites the Board and their spouses to the Trust's breakfast meeting on July 14~h at Hermit Park. Invitations are forthcoming. Howell Wright/1604 Black Squirrel Drive proposed the Town celebrate 100-years of rodeo history in 2008 during the Rooftop Rodeo week. He suggested the entire community should be involved and include parades, street dances, balls and invitations to the President, Governor, leading male and female motion picture stars. Mr. Wright would be interested in helping to develop this proposal. Paul Fishman/14ers CaM requested the Town address the issue of parking and assign a staff member to determine a location for a parking garage as well as how to pay for the structure. Diane CollineV131 Old Man Mountain thanked the Board for meeting with the School Board and the Estes Valley Parks and Recreation District to discuss the future of the pool. TOWN BOARD COMMENTS. Trustee Blackhurst reminded the public that the Public Safety Committee would meet Thursday at 8:00 a.m. in the Town Board Room. Mayor ProTem Pinkham stated on March 5, 1983 Geoffrey Charles Chickvary, a Town Light and Power employee, was killed in the line of duty. A memorial will be held on Friday, June 2gth at the museum. He invited the community to attend.
Board of Trustees - June 26,2007 - Page 2 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated June 12, 2007. 2. Bills. 3. Committee Minutes: A. Public Works, June 14,2007: 1. North Lake Avenue Overlay - $17,491, Budgeted. B. Utilities, June 21, 2007: 1. Avaya IP 500 Office Phone System - $95,000. 2. Comprehensive Plan Update - Stamey & Associates - $20,000, Budgeted. 4. Estes Valley Planning Commission, May 21, 2007 (acknowledgement only). 5. Estes Valley Board of Adjustment, June 5,2007 (acknowledgement only). Trustee Blackhurst requested Item 3.B.1 be removed from the Consent Agenda. It was moved and seconded (Levine/Homeier) Items 1, 2, 3.A.1, 3.B.2, 4 and 5 be approved, and it passed unanimously. Item 3.B.1 Avaya IP 500 Office Phone System. Dir. Goehring presented background information on the phone system stating BlackBox, the maintenance company, would no longer maintain the system at the current rate due to a lack of available parts and may not maintain it in the future. In February, the IT Department sent out an RFP to replace the phone system. Proposals wdre reviewed by staff and presentations were made to the Tech Committee. AXCESS Communications was chosen to provide the Avaya system for its functionality and cost. The unbudgeted item will be funded with money budgeted for unexpected server failures and upgrades to the e-mail system. The e-mail system has been updated for 2007 and IT does not foresee the need for additional upgrades this year. Mgr. Pallissard stated the Avaya system has a life expectancy of 10-15 years and any upgrades to the phone system would be provided by AXCESS at no extra cost to the Town. Overall phone costs would be reduced by eliminating the number of phone lines used through Qwest; however, an additional Tl line would be added for redundancy. It was moved and seconded (Newsom/Blackhurst) Item 3.B.2 be approved, and it passed unanimously. Mayor ProTem Pinkham thanked staff for their efforts. Administrator Repola also thanked Mgr. Pallissard and IT staff Bruce Walters for leveraging technology to save the Town operating costs. l A. PLANNING COMMISSION AGENDA (Approval of): Mayor ProTem Pinkham opened the Public Hearing for the following Consent Agenda Items: 1. CONSENT ITEMS: A. UTILITY EASEMENT VACATION 1. Mountain Creek Townhome Condominiums, Unit 7, Building K, Brian Murphy/Applicant. B. FINAL CONDOMINIUM MAP 1. Bobcat Ridge Condominiums, Units 1 & 2, Lot 2A, Shanafelt Minor Subdivision, Van Hom Engineering/Applicant.
C. SUBDIVISION 1. Grueff-Edwards Preliminary Subdivision Plat, Lot 4, Stanley Historic District, Lot4ED, LLC/Applicant. Applicant request continuance to September 25,2007. D. AMENDED PLAT 1. Lot 3, Chiquita Subdivision and a Portion of Lot 138, Al Fresco Place Addition, Trevor Speake/Applicant. 2. Lots 9, 10, 11, 12, and a Portion of Lot 8, Block 1, Second Amended Plat of Town of Estes Park, Zach Wheatley/Applicant - Applicant has withdrawn the request. E. SUPPLEMENTAL CONDOMINIUM MAP 1. Supplemental Condominium Map #1, Shops at Riverwalk East Condominiums, Unit 12, Michael D. Figgs & Nancy D. Lederer/Applicants. As there were no further comments, Mayor ProTem Pinkham closed the public hearing and it was moved and seconded (Eisenlauer/Levine) the Consent Agenda be approved with Staff conditions of approval, and it passed unanimously. 2. ACTION ITEMS: 1. 2006 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR). Finance Officer McFarland stated the Audit Committee has reviewed the independent audit performed by Swanhorst & Company, LLC. The auditors reported no findings or material weaknesses. The Audit Committee recommended conditional acceptance of the 2006 CAFR, pending completion of the supplementary 'Management Discussion and Analysis" and "Statistical Tables". Kyle Logan/Swanhorst & Company LLC reported the following: 1) In 2006, Town policy was updated to measure unbilled utility revenue that adjusted the net assets as of December 31, 2005; 2) If spending trends continue within the General Fund there could be a deficit situation in approximately three years; 3) In 2009, the Town will be required to measure and report the liability of the health insurance benefits offered to retired employees. This liability may be significant and require actuarial studies; 4) Three funds overspent the approved budget including the General Fund, Community Reinvestment and EPURA and by state statute the Town is required to disclose this information. After further discussion, it was moved and seconded (Newsom/Blackhurst) to approve the 2006 Comprehensive Annual Financial Report, and it passed unanimously. 2. ELKHORN AVENUE CORRIDOR LOADING ZONES. Chief Richardson informed the Board the recent updates to the appendix of the Model Traffic Code included no-parking regulations for the loading zones along the Elkhorn Avenue corridor. These changes were recommended in an attempt to facilitate shuttle passenger drop-off/pick-up, loading and on-street parking. Several complaints have been received by the Police Department from business owners within the Elkhorn corridor. Subsequent to the complaints staff discussed the issue with business owners, observed the motoring public followed signed instructions and delivery trucks still required the use of the loading zones after 12:00 p.m. The following options are being provided for consideration: Staff would recommend any decision made should be consistent throughout downtown and the entire corridor of Elkhom Avenue. 1. Convert all current loading zone areas to "no parking" from 6:00 a.m. to 6:00 p.m. daily from Riverside Drive west to Spruce Drive. 2. Implement the revisions approved at the April 26,2007 Public Safety Committee meeting.
Board of Trustees - June 26,2007 - Page 4 3. Convert all loading zone parking to the previous Model Traffic Code Appendix dated September 28,2004. Discussion was heard by the Board/Staff and is summarized: West end merchants want both more parking downtown and loading zones, a parking garage is estimated at $25,000 per parking stall; shuttles are going to be a large component of traffic management in the future; active enforcement of the loading zones and shuttle stops is needed. Public comment was heard from business owners Barb/Grandma's Mountain Cookies, Sandy Gleich/Photos by Sandy, Ann Taylor/Colorado Homestead and Paul Fishman/14ers Caf6. Concerns included the loading and unloading after noon, delivery drivers parking in the middle of the street to make deliveries, upset the Town did not ask the merchants for input prior to changing the loading zones. Mike Zackley/UPS Operations Supervisor stated the safety of the delivery drivers needs to be considered in the decision. Drivers are being forced to double park or walk across the street with heavily loaded hand carts. This is a danger to them and to the general public. After further discussion, it was moved and seconded (Eisenlauer/Blackhurst) to convert all original loading zone areas to "no parking/loading zone" from 6:00 a.m. to 6:00 p.m. daily from Riverside Drive west to Spruce Drive with unrestricted parking thereafter, "no parking/ no loading" in shuttle stops at any time and Riverside Drive east will maintain loading zone areas as described in the September 28,2004 appendix to the Model Traffic Code. An Ordinance will be presented at the July 10, 2007 meeting to update the Model Traffic Code Appendix. Trustee Blackhurst requested the zone officer for downtown contact the individuals that sent correspondence to update them on the changes. Chief Richardson stated a letter will be sent to each business owner downtown to inform them of the changes. 3. TOWN ADMINISTRATOR REPORT. 0 4tr, of July firework display will be held on the 4~h of July. • The next Town Board meeting will take place on the opening day of the Rodeo. Whereupon Mayor ProTem Pinkham adjourned the meeting at 9:00 p.m. Bill Pinkham, Mayor ProTem Jackie Williamson, Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 28,2007 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 28th day of June, 2007. Committee: Chairman Newsom, Trustees Blackhurst and Eisenlauer Attending: Chairman Newsom, Trustees Eisenlauer and Blackhurst Also Attending: Chief Dorman, Chief Richardson, Deputy Town Administrator Halburnt, Deputy Clerk Deats Absent None Chairman Newsom called the meeting to order at 8:00 a.m. PUBLIC COMMENT. None FIRE DEPARTMENT. WILDLAND FIRE MOU WITH LARIMER COUNTY - REQUEST APPROVAL. The Town of Estes Park and Larimer County currently have an Automatic Response and Mutual Aid Agreement in effect that addresses the provision of resources and assistance in the event of fires, or other emergencies that endanger life and property, within each other's jurisdiction. This agreement is being updated and has bden sent to Larimer County for review with the addition of a proposed separate mutual aid agreement specifically for operational issues concerning wildland fire response. The Committee recommends approval of the Wildland Fire Mutual Aid Agreement. REPORTS. 1. Wildland Urban Interface - Sue Pinkham reported to the Committee that her goal as Wildland Urban Interface Coordinator is to provide information to property owners regarding the creation of defensible space around their homes and therefore prevent property devastation in the event of a wildland fire. This is accomplished through site assessments, public safety fire education, press releases, interviews, and participation in events such as the Wildfire Fair, the Tree Symposium, arts and crafts fairs, the Farmers Market, and the Heritage Festival. Mrs. Pinkham stated that the fires currently burning in Colorado and California raise public awareness of wildla'nd fires and the need for fire fuel mitigation. The Committee thanked Mrs. Pinkham for the report and for her involvement in the slash collection program that was conducted last fall and stated they hoped the program would be offered again this year to facilitate the removal of slash material. POLICE DEPARTMENT. MUNICIPAL COURT FEE SCHEDULE - REQUEST APPROVAL. The Municipal Court, with the assistance of Police Department staff, conducted a review of the current fine structure of the court, including a comparative analysis of fees from other Colorado communities (Fort Collins, Loveland, Greeley, Colorado State University, Berthoud, Avon, Lamar, Ault, and Larimer County.) Based on their findings, staff recommended fee changes to Municipal Judge Brown who reviewed and approved the proposed fine structure. Town policy requires Town Board approval of fine schedule
RECORD OF PROCEEDINGS Public Saf*-Committee - June 28,2007 - Page i revisions, therefore, on behalf of the Municipal Court, the Police Department recommends approval of the proposed court fine schedule revisions. The Committee concurs and recommends approval as presented. r REPORTS. 1. PTO Presentation - Communications Center pdrsonnel Amanda Van Zee presented information related to the types of calls received by Town of Estes Park dispatchers, in particular 911 emergency calls. She described the geographical. boundaries served by the communications center and outlined resources used by dispatchers to facilitate in the resolution of emergency i situations including contact information for law enforcement, fire and governmental agencies, medical organizations, and security companies. She stated that too often people dial 911 when they should be using a non- emergency number to report situations that are not critical in nature. To cut down on the number of 911 calls for non-emergency situations and to help the public differentiate between an emergency and a non-emergency, she recommended public education by means of the Citizen's Policy Academy, newspaper stories, brochures, fliers, and the school system. She stated that by publishing the non-emergency contact number and with better education, the 911 lines will be open and available for true emergency situations. 2. Motorcycle Noise Report - Police Department staff conducted research to investigate how' communities deal with noise issues related to motorcycles. Estes Park's current acceptable decibel levels exceed those recommended by the EPA: 80 decibels for vehicles traveling up to ,35 miles per hour (EPA standard is 82,) and 84 for vehicles traveling over 35 miles per hour (EPA standard is 86:) Research identified Carefree, Arizona as a community that has taken an aggressive stance in dealing with noise pollution and has posted signs stating the allowable decibel levels and the fines associated with exceeding these le#els. Chief Richardson stated that although noise ordinance enforcement would require the addition of up to three more officers at a cost of approximately $175,000, the Police Department would be proactive in dealing with noise complaints. 3. Traffic Light Cycles on Elkhorn Avenue - Cobie Garbiso, Larry Haas, and Jim Thrush,- traffic engineers from the Colorado Department of Transportation (CDOT), reported that the summer traffic signal cycles were implemented on the first of May and will continue until October 1St when the winter timing plan will be put into effect. Concerns about the small number of eastbound cars moving through the light at the intersection of Moraine and Elkhorn, and traffic at the light at Highway 7 and 36 were heard. Mr. Haas explained that the signals were programmed to provide the best movement of traffic based on a comprehensive traffic study. completed in 2003, but based on the addition of Performance Park and the implementation of summer shuttle service, a new study may need to be completed in order to ensure the best traffic flow is being achieved. He stated that adjustments to the light cycles affect the efficiency of traffic flow, so random adjustments cannot be made to the timing plan. He stated that CDOT computers monitor traffic, but that software and hardware problems can occur which require on-site attention. Commander Kufeld will take calls from the community regarding traffic issues and contact CDOT personnel for resolution. 4. Marv's Lake Road Bridge Public Safety Concern - Larimer County is funding the replacement of the bridge on Mary's Lake Road near the intersection of Moraine Avenue. The County's plan recommends closing Mary's Lake Road from November 2007 through June 2008 to complete the project with traffic diverted to Riverside Drive. Public Works Director Scott. Zurn voiced concern about emergency response times due to the road closure, the fact that the County's current plan does not accommodate pedestrian traffic across the bridge, and that feeder streets will be at capacity during the project. The Committee recommends that Public Works staff generate written correspondence for Administration to
RECORD OF PROCEEDINGS Public Safety Committee - June 28,2007 - Page 3 sign to send to Larimer County outlining the Town's concerns about the bridge project 5. Crime Statistics - Chief Richardson provided the Committee with a report of crime statistics for 2006. In past years the statistics have been reported based on parameters set by the Uniform Crime Reporting (UCR) system and the National Incident Based Report System (NIBRS), neither of which exactly match actual reportable crimes in Estes Park. Police Department staff has produced a document that includes reportable crimes that reflect local activity levels and includes Group B crimes, ie. fist fights, noise complaints, etc., which were not previously tracked. MISCELLANEOUS. Trustee Eisenlauer stated that there is a sign noting the existence of a US Forest Service office located on Highway 36. This forest service office has been closed for years and Director Zurn will check into who is responsible for the removal of this sign. Trustee Blackhurst asked Chief Dorman for feedback on the Knox Box system. Chief Dorman stated that some inquiries have been made as to where to purchase the system and where they are to be located on affected properties. Trustee Blackhurst also requested that the Police Department provide follow-ups on the PTO presentations that have been given at the Public Safety meetings. Chief Richardson indicated that follow-up reports will be presented to the Committee in the fall. There being no further business, Chairman Newsom adjourned the meeting at 9:49 a.m. Cynthia Deats, Deputy Town Clerk
RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, July 5,2007 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 5th day of July 2007. Committee: Chairman Pinkham, Trustees Eisenlauer and Levine Attending: All Also Attending: Town Administrator Repola, Deputy Town Administrator Halburnt, Directors Pickering, Kilsdonk, and Joseph, Managers Marsh, Mitchell, and Winslow, and Deputy Clerk Deats Absent None Chairman Pinkham called the meeting to order at 8:02 a.m. PUBLIC COMMENT. None CONVENTION & VISITORS BUREAU. EVENT/HORSE SHOW CONTRACTS - REQUEST APPROVAL. The Special Events Department is requesting approval of agreements with the following organizations to host events at Stanley Park Fairgrounds: • Rocky Mountain Team Penning - September 14 through September 16. • Colorado State Sheriffs Posse Association Meeting and Gymkhana - August 31 through September 2. Rocky Mountain Team Penning is an event that has been hosted at Stanley Park Fairgrounds in the past and staff anticipates it will be conducted as in previous years. The Gymkhana is a new event and staff expects it will generate revenue in the amount of approximately $1,500 for the Town. There are 50 participants plus their families attending and the event is open to the public as a spectator event. The Committee recommends approval of the agreements with the above mentioned organizations as presented. AUTO EXTRAVAGANZA STREET CLOSURE - REQUEST APPROVAL. The Special Events Department is requesting the closure of the 100 block of MacGregor Avenue and Park Lane on August 18,2007 during the Auto Extravaganza Car Show. In addition, in case of inclement weather, staff requests the option of closing MacGregor Avenue to Wonderview Avenue to prevent damage to the grass in Bond Park if wet conditions exist. The Committee recommends approval of the street closure for the Auto Extravaganza Car Show. Trustee Levine requested that Special Events staff provide the Committee with a schedule of events and anticipated road closures early in the year in order to Assess the frequency of these occurrences and the potential impact caused to Bond Park area merchants. Administrator Repola noted that all road closures must be approved by the Town Board for insurance purposes. The Committee discussed giving staff the authority to sign contracts in cases where the Town is leasing space, such as in many of the contracts exercised by Special Events. This would eliminate the need for the Committee to review the 40 to 50 contracts implemented each year for this purpose. Staff would provide the Committee with a quarterly activity report and an end of the year summary which will also provide needed
r ~~r ~ M, ~r ,~ x ~r ~~~u% a„~• RECORD OF PROCEEDINGS Community Development - July 5,2007 - Page 2 information when forecasting revenues for the upcoming year. Administrator Repola stated that Attorney White will draft An ordinance addressing this issue to bring before the Town Board as an action item. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Marketing Committee • Media & Public Relations • Visitors Services Mgr. Marsh provided clarification of data contained in the CVB Marketing Report stating that a high level of eldctronic activity is being experienced as it relates to information requests from visitors. He stated thai methods of tracking electronic inquiries are being researched so that a cost per inquiry can be established and compared to inquiries generated from other types of marketing programs. The Committee requested Mgr. Marsh include an explanation of the significance of the data as part of the monthly report. Dir. Pickering noted that ridership on the shuttles was high over the 4~h of July holiday. Currently, large buses are being used for the shuttle routes and an analysis of equipment needs will determine if smaller vehicles should be used in the future, particularly where routes travel through residential areas, in addition to determining if the shuttle program is a feasible solution to reduce overcrowding, parking problems, heavy traffic, and pollution. MUSEUM/SENIOR CENTER SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Museum Monthly Report • Senior Center General Report It was noted that new measurement processes are being utilized for the Museum and the Senior Center reports. The Committee abplauded staff regarding the quality and variety of programs being offered at the Museum and the Senior Center. They discussed the number of people who are taking advantage of these programs and questioned whether a point will be reached where charges may need to be imposed and/or raised in order to continue these programs. The Committee maintains that they do not want to discourage use of these facilities and that ways to offset costs should be pursued. Dir. Kilsoonk recently attended the National Conservation Summit in Washington DC that called attention to the lack of furiding available to libraries and museums for the preservation and storage of collections. She described the conference as very informative and indicated that regional seminars, one.of which will be held in Denver, are being scheduled to continue addressing this issue. COMMUNITY DEVELOPMENT. PLANNING REVIEW FEE SCHEDULE - REQUEST APPROVAL. Staffing costs for the Community Development Planning Department total $234,756 for 2007. The Department's target is to achieve a 50% cost recovery from fees, which would require a total Town/County fee collection of $117,380. In 2006, $65,000 was collected, 54% from the Town's lower fee schedule, indicating the Town's current fee .structure is recovdring only half of the target amount. To meet 50% cost recovery, Town fees would need to increase by $52,380. By doubling all Town fees, a $30,000 increase in annual cost recovery over the subsequent 12 months would be realized.
RECORD OF PROCEEDINGS Community Development - July 5,2007 - Page 3 Implementation of new fees could be done all at once or phased over time. The proposed fee schedule reflects a 100% increase to existing fees and the addition of fees for several services currently provided at no charge. Conversation ensued with the following being points of discussion: • How a 50% recovery rate was established. • Do fees accurately reflect the cost of development in our community and how to measure costs unique to the Estes Valley? • Impact fees. • Fees as a tool to encourage or discourage development. The Committee requested that staff conduct further research on the proposed fee schedule by applying the new fee schedule to last month's submittals, bringing the Town fees in line with the County's, and continuing to examine and analyze the fees to accurately reflect the staff time involved in providing services within the Estes Valley. The Committee requested staff pursue one fee schedule that would be the same for all of the Estes Valley and, upon completion, present it to the Committee and to the County for approval. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Community Development Financial Report • Monthly Building Permit Summary ADMINISTRATION. LOCAL MARKETING DISTRICT IGA - REQUEST APPROVAL. With the passage of an amendment to state statutes governing Local Marketing Districts (LMD), the Town is now able to consider such an entity. The boundaries of an LMD shall include properties outside the town limits but within unincorporated Larimer County. Staff has proposed that the LMD boundaries be similar to the existing membership area of the Convention and Visitors Bureau, excluding Boulder County. The handful of Boulder County properties are not included due to the fact the required IGA and elections would be more complex. State law requires that an agreement or contract be established between the jurisdictions affected by the proposed LMD. The attached draft Intergovernmental Agreement (IGA) has been prepared by Town Attorney White for consideration, and with approval, will be referred to the Town Board. If the Town Board agrees with the terms, staff will present the same to the Larimer County Board of County Commissioners. Upon approval, staff can begin circulation of petitions among commercial property owners within the proposed LMD. If the matter proceeds to an election, it is anticipated it would occur in 2008 and costs will be included in next year's budget After reviewing the document the Committee discussed the following: • Appointment or election of LMD board members. • Cost effectiveness of appointing rather than electing board members. • Terms of LMD board members. • Slating of members of the board to include representatives of diverse business backgrounds and people with marketing knowledge and experience. • Development of an appointment process including a call for credentials or application. • Initial funding of the LMD and the Town's participation level. • How funds previously earmarked for marketing endeavors will be used. Administrator Repola will request Attorney White address the concerns of the
RECORD OF PROCEEDINGS : . V #.-p--# -- -Y- - v.-T Community Development - July 5,2007 - Page 4 Committee and modify the IGA. A draft copy will be provided to all Trustees and to the Larimer County Commissioners for feedback before bringing it back to the Committee meeting in August. Administrator Repola will question Attorney White about the possibility of a Memorandum of Understanding (MOU) addressing a declining level of financial participation in the LMD by the Town. Dir. Pickering will continue to conduct meetings and compile a list of frequently asked questions regarding the LMD in order to provide information to property owners. MISCELLANEOUS. Administrator Repola inforrried the Committee that a copy ofthe modified concept plan for Stanley Park will be available for review at the Town Board Study Session scheduled for Tuesday, July 10,2007. There being no further business, Chairman Pinkham adjourned the meeting at 10:30 a.m. Cynthia Deats, Deputy Town Clerk
Estes Park Police Department Memo To: The Honorable Mayor Baudek and Board of Trustees From: Lowell Richardson, Chief of Police CC: Randy Repola, Town Administrator Date: July 6,2007 Re: Loading & Shuttle Zones. Background Staff recommended at the April 26, 2007 Public Safety Committee meeting a series of revisions to the "Model Traffic Code" appendices. The no-parking revisions recommended for all loading zones attempted to uniformly address loading zone parking. The ability to allow shuttle passenger drop-off/pick-up, loading and on-street parking was the intent. Once implemented the police department received several (ten) complaints from downtown business owners on West and East Elkhorn Ave. Subsequent to these complaints staff discussed with (some) local business owners possible options. Staff conducted a review of the problem discovering the motoring public seemed to follow the signed instructions. However, delivery trucks still required use of the parking locations during the same time on-street parking is allowed. Based on these observations and conversations with local business owners staff is providing possible options to consider in an effort to address this problem. Budget/Costs NA Recommendations Staff is recommending the following recommendation for your consideration and discussion: All loading zones - permitted loading/unloading only from 6:00 am to 6:00 pm, 7 - days a week. Open parking from 6:00 pm to 6:00 am No parking at painted green curb unless otherwise posted. No parking at all marked shuttle stops July 1St through October 1 st each year. (Tow away zones). 1 00 0
ORDINANCE NO. 14-07 ORDINANCE AMENDING CHAPTER 10.12.010 OF TO THE MUNICIPAL CODE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Section 10.12.010 and of the Municipal Code of the Town of Estes Park is amended as follows: 10.12.010 Removal from certain loading zones. Whenever any police officer of the Town finds a vehicle parked or standing within any loading zone between the hours of 6:00 a.m. and 6:00 p.m. and any Shuttle loading zone, such officer is authorized to cause the vehicle to be removed, and neither the officer nor anyone operating under his or her direction shall be liable for any damage to such vehicle occasioned by such removal. (Ord. 19-77 §1, 1977: Ord. 15- 97,1997, Ord. 14-07) WHEREAS, in the opinion of the Board of Trustees an emergency exists, this Ordinance shall take effect and in force immediately after its adoption and signature by the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,2007. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2000, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of ,2000. Town Clerk
ORDINANCE NO. 15-07 AN ORDINANCE AMENDING THE APPENDIX TO THE MODEL TRAFFIC CODE, 1995 EDITION WHEREAS, the Town of Estes Park adopted the Model Traffic Code for Colorado Municipalities, Revised 2003, hereinafter referred to as the Model Traffic Code, by Ordinance 10-03 in 2003; and WHEREAS, it is necessary to amend the Appendix of the Model Traffic Code in order to clarify the loading/shuttle zones within the Town of Estes Park; and WHEREAS, Section 31-16-207 C.R.S. provides that the Board of Trustees of the Town may adopt this new Appendix to the Model Traffic Code by this Ordinance so long as the entire text of said Appendix is set forth in this Ordinance; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to amend the Appendix of the Model Traffic Code, in its entirety, as more fully set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, as follows: Section 1: The Appendix attached hereto as Exhibit A and incorporated herein by reference is hereby adopted as the Appendix to the Model Traffic Code. WHEREAS, in the opinion of the Board of Trustees an emergency exists, this Ordinance shall take effect and in force immediately after its adoption and signature by the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF ,2007. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk
I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2007, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of ,2007. Town Clerk 2
MODEL TRAFFIC CODE TOWN OF ESTES PARK - APPENDIX Amended January 23,2003 As Posted and Verified by the Police Department June 24,2003 Amended September 28,2004 As Verified by Police Department April 23,2007 *Amended July 10, 2007 MUNICIPAL PARKING LOT NAMES For enforcement purposes location and identification of each Town of Estes Park Municipal parking lot name is listed below: 1. Performance Park Parking Lot located on the north side of West Elkhorn Avenue in the 300 block 2. Spruce Parking Lot located on the east side of Spruce Drive and intersect of Cleave Street. 3. Tregent Parking Lot located on the east of Spruce Drive and intersect with West Elkhorn Avenue. 4. Big Horn Parking Lot located on the west side of Bighorn Drive and intersect with Cleave Street. 5. Moraine Parking Lot located on the west side of Moraine Avenue adjacent to Wiest Lane between Davis Street and Weist Lane. 6. Davis Parking Lot located on the west side of Moraine Avenue and intersect with Davis Street. 7. Virginia Parking Lot located at the intersects of west side of Virginia Drive and north side of East Elkhorn Avenue. 8. East Riverside Parking lot located at the intersects of the south side of East Elkhorn Avenue and east side of East Riverside Drive. 9. Riverside Parking Lot located at the intersects of the east side of East Riverside Drive and north side of Rockwell Avenue. ' 10. Post Office Parking Lot located at the intersects of the west side of East Riverside Drive between West Riverside Drive and East Riverside Drive. 11. West Riverside Parking Lot located on the east side of West Riverside Drive in the 100 block adjacent to the west bank of the Big Thompson River. 12. Town Hall Parking Lot located at the intersects of the east side of MacGregor Avenue and north side of East Elkhorn Avenue. 13. Visitor Center Parking lot located on the south side of Highway 34 adjacent to the north bank of the Big Thompson River one black east of Highway 34 and Highway 36 intersects. 14. South Visitors Center Parking Lot located on the northeast side of Highway 36 and two blocks southeast of Highway 34 and Highway 36 intersects. PARKING PERMITTED 1
Timed parking will be in-force from the weekend prior to Memorial Day and be in effect until Labor Day. Signs will state parking limits enforced May-September. Hours of Timed Parking - 9:00 a.m. to 5:00 p.m. Seven days a week. May through September. ON-STREET PARKING, 3-HR. LIMIT: · East Elkhorn (South side of Bond Park) · Park Lane, North side from 201 to MacGregor Ave · Park Lane, South side of street (North side of Bond Park) · Riverside Drive at Riverside Plaza, (West side of Riverside) · Moraine Ave 222 through 250 · Moraine Ave 231 through 251 • Moraine Ave from Wiest Drive south to the Moraine Restrooms · West Elkhorn Ave 112 through 134 (South side of street) · West Elkhorn Ave 119 through 125 (North side of street) · West Elkhorn Ave 215 through 235 (North side of street) · West Elkhorn Ave 208 through 230 (South side of street) PARKING LOTS, 3-HOUR LIMIT: · Virginia Drive Lot · West Riverside Drive Lot · Riverside Drive Lot (North of Rockwell Street, entire lot) · Post Office Lot (North end of lot) · Brownfield's Parking Lot (South of Elkhorn crosswalk light) PARKING LOTS, 30-MINUTE LIMIT: · Post Office Lot, South side 1 /2 of lot (in front of Post Office) · 235 West Riverside Drive (East side of street, three spaces) ON-STREET, 30-MINUTE PARKING: ·MacGregor Ave., East side of street, in front of Municipal Building (170 MacGregor Ave) NO-PARKING ~All loading zones - permitted loading/unloading only from 6:00 am to 6:00 pm, 7 - days a week. Open parking from 6:00 pm to 6:00 am No overnight parking or camping in any Town owned parking lot or street unless posted or by permit only. No overnight parking of recreational vehicles in any Town owned parking lot. 2
No parking during snow removal operations: Aspen, Birch, Columbine, Driftwood, and Elm Avenues, both sides of street No parking at painted red curb locations. No parking at painted green curb unless otherwise posted. ~~All marked shuttle stops July 1St through October 1St each year. (Tow away zones). NO PARKING - LOADING ZONES · East Elkhorn Ave from 153 to 145 (North side of street - Loading Zone) • East Elkhorn Ave from 141 to 129 (North side of street - Loading Zone) · East Elkhorn Ave from 116 to 128 (South side of street - Loading Zone) · East Elkhorn Ave from 156 to 184 (South side of street - Loading Zone) · East Elkhorn Ave from 332 to 344 (South side of street - Loading Zone) · West Elkhorn Ave at Tregent Park (North side of street - Loading Zone) · West Elkhorn Ave from 111 to 119 (North side of street - Loading Zone) (shared on street parking 4) · West Elkhorn Ave from 191 to 213 (North side of street - Loading Zone) (shared on street parking 5) · 170 West Elkhorn (South side of street, 2 spaces) • West Elkhorn Ave from 144 to 134 (South side of street - Loading Zone) (shared parking 5) · 125 Moraine Ave (East side of street - Loading Zone) · Riverside Drive at Riverside Plaza driveway, (West side of Riverside - Loading Zone) · 111 Wiest Drive (Two spaces - Loading Zone) · Cleave Street - behind Old Church Shops (Loading Zone both sides of street) 3
· Cleave Street - South side at intersection with Bighorn Drive - (Loading Zone / No Parking) · East Elkhorn Ave in front of 356 East Elkhorn - (South side of street - Loading zone). PARKING LIMITATIONS Visitors Center Overnight Parking By permit only in designated parking spaces as indicated by sign on the East side of the main parking lot. All other parking spaces day use only. No overnight parking of Recreational Vehicles. Fawn Lane No Parking Both sides of roadway MacGregor Ave/ No Parking Northeast corner, adjacent to Canyon Bypass Intersection Creeks Condominiums Big Horn Dr No Parking East side from Elkhorn Ave to driveway of 110 Bighorn Drive Cleave St. No Parking South side of Lawn Lane to 100' E. of Lawn Lane. North side, in front of 223 Cleave St. South side at Big Horn Dr. No Parking/ South side, behind Old Church Shops Loading Zone Davis St. No Parking North side of Davis at Moraine Ave. E. Riverside Dr. No Overnight West side (vacant strip), 300 Block Parking Lawn Ln. No Parking West side, between Spruce Dr. & Cleave St. MacGregor Ave. Angle Parking Driveway of Municipal Building to Wonderview MacGregor Ave Diagonal Parking Park Lane, North to Wonderview - West side of street 4
Virginia Drive No Parking 210 - 216 Virginia Drive, East side of street Moraine Ave. No Parking East side between 212 Moraine Ave to intersection of Elkhorn Ave. South side across from Elm Rd. Park Lane Angle Parking Only Both sides of road Park Lane No Parking From Elkhom Ave to Crosswalk Spruce Dr. No Parking East side, between Cleave St. & Lawn Ln. Tregent Park No Overnight Parking lot Parking W. Elkhorn Ave. No Parking South side at Tregent Park (Restrooms) Loading Zone Wiest Dr. No Parking / From Moraine Ave to Wiest Street. Loading Only One way - East Only Highway 7 Parallel Parking East side, 100 Blk. of Hwy. 7 SPEED LIMITS: Aspen Ave. Both Directions 25 MPH Birch Ave. Both Directions 25 MPH Big Horn Dr. South bound, 100' South of 20 MPH, SB Wonderview Ave. to W. Elkhorn Ave. SPEED LIMITS (cont'd.): Big Thompson Ave. Hwy. 34, East of Hwy. 34/36 35 MPH, EB Inter. to .7 miles East of Hwy. 34/36 Hwy. 34, 1.4 miles East of 40 MPH, EB Hwy. 34/36 Inter. to City Limits 1.4 miles from City Limits to 35 MPH, WB Hwy. 34/36 5
Brodie Ave. From Fish Creek, WB/EB to 20 MPH, SZ Community Dr. School Zones 7:30am to 8:00am. and 3:00 p.m. to 3:45 p.m. 20 MPH, otherwise 25 MPH Carriage Dr. From Hwy. 7, EB to Lakeshore Dr. 25 MPH Cleave St. Both Directions 20 MPH Columbine Ave. Both Directions 25 MPH Community Dr. Hwy. 36/Community Dr to 30 MPH, SB/NB Manford Ave. Hwy. 7/Community Dr., N. to 20 MPH, SZ Manford Ave. Intersection Driftwood Ave. Both sides 25 MPH E. Elkhorn Ave. Hwy. 34/36 Inter. to Park Ln. 25 MPH Hwy. 34/36 Inter. to Park Ln. 25 MPH, WB at E. Elkhorn Ave. E. Riverside Dr. W. from E. Elkhorn Ave. to 20 MPH, WB/EB Moccasin Bypass SPEED LIMITS (cont'd.): Elm Ave. Both Directions 25 MPH Far View Dr. "S" curve, 0.1 mi. N. of Far View/ 20 MPH, NB W. Elkhorn Ave. Intersection Fish Hatchery Rd. At Fall River Rd. 30 MPH, WB Grand Estates Dr. Both directions 30 MPH Graves Ave. From Hwy. 7 WB/EB to Community 20 MPH, SZ, EB/WB Heinz Parkway High Dr. North to City Limits 20 MPH, NB High Drive Heinz Parkway West to City Limits 30 MPH, WB 6
Highway 7 Hwy. 36 South to Stanley Ave. 35 MPH, SB North from Stanley Ave. 35 MPH, NB Hwy. 36/7 Inter. South to. 35 MPH, SB Lexington Ln. at Dunraven 35 MPH, NBSB at 4 TH St. 35 MPH, SB at High St. 35 MPH, NB at Graves Ave. 35 MPH, SB at Morgan St 25 MPH, SZ, NB at Golf Course Rd. 35 MPH, NB at Twin St. 50 MPH, SB at Scott Ave. 50 MPH, NB at Carriage Dr. 50 MPH, SB at Carriage Dr., just south of 50 MPH, NB Highway 34 Hwy. 34/36 Inter. East to .1 mile 35 MPH, EB from Steamer Dr. SPEED LIMITS (cont'd.): From Steamer Dr. East to 35 MPH, EB Elk Trail Ct. From City Limits West to 40 MPH, WB W. Grand Estates Dr. W. Grand Estates Dr. West 35 MPH, WB to 34/36 Intersection at Dry Gulch Rd. 40 MPH, WB at Lakefront St. 40 MPH, EB Highway 36 Hwy. 34/36 Inter. East to 35 MPH, EB Hwy. 7/36 Inter. 7
West from Hwy. 7 to .3 miles 35 MPH, WB on Hwy. 36 .3 miles Hwy. 36 to Hwy. 34/36 Inter. 25 MPH, WB 2nd St., East to 4~h St. 45 MPH, EB 4th St. to City Limits 50 MPH,EBANB 4th St. West to 2nd St. 45 MPH, WB 2nd St. West to Hwy. 36/7 Inter. 35 MPH, WB at Fish Creek Rd. 50 MPH, WB at Community Dr 50 MPH, WB at Hwy. 36/7 Inter., just West of 35 MPH, WB Larkspur Dr. From Carriage Dr. SB/NB to 25 MPH Town Limits MacGregor Ave. 25' North of Wonderview Ave. 30MPH, NB/SB To MacGregor Ranch Mary's Lake Rd. 200' South of Moraine Ave. 30 MPH, SB to Town Limits Manford Ave. From EPHS WB/EB to Hwy. 7 20 MPH, SZ SPEED LIMITS (cont'd.): Moccasin Bypass South from Riverside Dr. to 25MPH, SB/NB Prospect Ave. (Except .3 miles East of Riverside Dr.) 20 MPH Moraine Ave. .1 mile East of Mary's Lake Rd. to 35 MPH, EB (Hwy. 36) .1 mile West of Davis St. .1 mile West of Davis St. to Elkhorn Ave. 25 MPH, EB 200' North of Davis St. to .2 miles 25 MPH, WB West of Davis St. .2 miles West of Davis St. to City Limits 35 MPH, WB From Crags Dr. to Moraine/Elkhorn 25MPH, NB/SB 8
Peak View Dr. From Hwy. 7 EBANB to Town Limits 35 MPH Ponderosa Dr. From Stanley Ave. SB/NB to Morgan Ln. 25 MPH, SB Prospect Ave. Stanley Ave. to Moccasin Cir. Dr. 25MPH, EBANB West from Stanley Ave. to Fir Ave. 25 MPH, EBNVB Riverside Dr. From West Town Limits to 100' West of 30 MPH, WB/EB Prospect Village Dr. Rockwell St. From Moraine Ave. to East Riverside Dr. 25 MPH, EB Scott Ave. From Hwy. 7 EB/WB to Fish Creek Rd. 25 MPH Stanley Ave. West from Hwy. 7 to Hwy. 36 30 MPH, WB From Hwy. 7 NB/SB to Prospect Ave. 30 MPH Stanley Cir. Circles Stanley Ave. 30 MPH, WB/EB Steamer Dr. .05 miles from Hwy. 34 to Town Limits 20MPH, NB/SB Twin Dr. From Hwy. 7 EB/WB to Peak View Dr. 30 MPH Virginia Dr. West from Park Ln. to Big Horn Dr. 20 MPH, EB, 16 W. Elkhorn Ave. Big Horn Dr. to .2 miles West of Spruce 20 MPH, WB Dr. (Posted at 157 W. Elkhorn Ave.) SPEED LIMITS (cont'd.): .2 miles West of Spruce Dr. to .1 miles 35 MPH, WB West of Old Ranger Rd. .1 miles West of Old Ranger Rd. to 40 MPH, WB Town Limits 1,000 Yds. East of Valley Rd. to 100 35 MPH, EB Yds. West of Spruce Dr. Far View Dr. to .3 mi. West of Wiest Dr. 35 MPH, EB .3 mi West of Wiest Dr. to Moraine Ave. 20 MPH, EB W. Riverside Dr. West to Crags Dr. from Ivy St. 20 MPH, WB/EB 9
Wonderview Ave. .1 miles East of MacGregor Ave. to 40 MPH, EB/WB (Bypass) Town Limits 1.25 miles East of W. Elkhorn Ave. 35 MPH, EB to Hwy. 34/36 Inter. Dated this day of ,2007. TOWN OF ESTES PARK Traffic Engineer 1, Jackie Williamson, Town Clerk, Town of Estes Park, Colorado, do hereby certify that the above and foregoing is a true copy of the Appendix to the Model Traffic Code for Colorado Municipalities, Revised 2003, on file in my office as part of the official records of the Town of Estes Park. Dated this day of ,2007. Town Clerk 10
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Administration Memo To: Mayor Baudek and Town Trustees From: Randy Repola ~2~ Date: July 6,2007 Subject: Fire Department IGA with Larimer County Background Over the past four years two efforts were launched to create a fire district in the Estes Park area. The objective has been to generate financial support for the operation of the Town's fire department which serves an area that is roughly six times the size of Town limits. Currently, the fire department budget comes from the Town's General Fund and via fund raisers conducted by the non-profit Estes Park Volunteer Fire Department, Incorporated. Both elections failed to garner enough support to create a district. Therefore, staff has researched other means to recover a portion of the costs associated with emergency services provided by the Estes Park Fire Department to areas outside town limits. Furthermore, staff met with representatives of the Larimer County Sheriff's Office and County Administration to discuss alternatives. The County has agreed to provide the necessary authority to the Town to enter into agreements for service to associations or to charge for actual costs associated with services provided. The attached Intergovernmental Agreement (IGA) was drafted by Town Attorney White and has been reviewed by the County Attorney. If the Town Board approves the IGA (or a modified version), staff will present the IGA to the Larimer County Board of County Commissioners in the near future to secure their approval and signatures. Budget The IGA will allow the Town to charge for fire department services. However, the actual fiscal impact is unknown at this time. Action Staff requests consideration of the attached IGA with Larimer County establishing delivery of services and cost recovery for the Estes Park Fire Department.
DRAFT #1 4/9/07 LARIMER COUNTY FIRE AGENCY INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT effective the day of 2007, among LARIMER COUNTY, COLORADO (the"County"), the LARIMER COUNTY SHERIFF'S OFFICE (the '<Sheriff') and the TOWN OF ESTES PARK, COLORADO (the "Town"). RECITALS: 1. The Town is responsible for fire protection and emergency services within the incorporated limits of the Town of Estes Park, Colorado. The Estes Park Volunteer Fire Department (the "EPVFD") provides personnel and services to the Town in order for the Town to meet its responsibility for fire protection and emergency services within the Town. 2. The County has the responsibility to arrange for the provision of fire protection and emergency services within the unincorporated are Larimer County, not contained within a municipality or a fire protection district. They·whi®grporated area of Larimer County surrounding the Town of Estes Park is not part of a tire protection district. A 3. The Sheriff, pursuant to Section 30-10-~3.5 C.R.S., has the authority to request assistance from the Town in controlling and ~ainguishiRk fires occurring on private property, if, in the judgement of the Sheriff, the fire consti-taies,a *ger to the health and safety of the public or risk of serious damage to property. ...1. 4. The parties have deterihine**at,<lue to the lack of other resources available to the County and the Sheriff to respond td Aces within the unincorporated portion of Larimer County located in the proximity of th6 To,Afit is necessary to provide for response by the Town to said area in order to protect the health and safety of the public or a risk of serious 90 damage to property due to the lack ofresources available to the County or the Sheriff for said .V response. 5. Section 30-10-513.5 C.R.S. further provides that the Town may recover costs incurred against the property owner or responsible party and may, by Resolution of the Board of Trustees of the Town, after a public hearing and notice, certify to the Larimer County Treasurer the amount o f any costs incurred after diligent e ffort at collection for a period o f 180 days. 6. The parties to this Agreement have determined that the unincorporated portion of Larimer County in the proximity of the Town not located within a fire protection district or served by a volunteer fire department shall be designated as the Estes Valley Response Area as more fully described on Exhibit A attached hereto and incorporated herein by this reference (the "Response Area"). 7. Section 30-10-513 C.R.S. states that it is the responsibility of the Sheriff for the suppression of wildland fires in Larimer County. By separate Intergovernmental Agreement dated , 2007, the Town and the Sheriff have entered into a Mutual Aid Agreement specifically with regard to mutual id response to wildland fires in the Response
Area. 8. By a separate Agreement dated March 1, 1999, the County and the Sheriff have entered into Intergovernmental Agreement with Poudre Valley Fire Authority, the City of Loveland, and the Loveland Rural Fire Protection District for the purpose of designated emergency response authority for hazardous substance incidents occurring in the Response Area. 9. It is desirable for all of the parties hereto to aid and assist each other for the provision of fire protection and emergency service within the Response Area in order to protect the health and safety of the public and lessen the risk of serious damage to property within the Response Area. 10. Sections 29-1-201 et seq. and 29-5-101 et seq. C.R.S. as amended, provide the statutory authority for the parties hereto to enter into this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATI~OF THE ABOVE RECITALS WHICH ARE INCORPORATED HEREIN, THE ]~RR~~ AGREE AS FOLLOWS: 1. Automatic Response. The Town tl€~lg~*Tipa5 agrees to automatically respond within the Response Area to the following 4i~of fires and emergency incidents. a. All structure fires. 8- «<': fis;>.·4. g;&' 1 1 *CIAN 9%·C: V. b. All natural gas,and 11]?G id~stigations. c. All vehicular accide® requiring victim assistance and possible extrication. ¥ d. All Dive rekeup. e. All search and rdscue. The parties shall make adequate arrangements through the Estes Park Police Department for dispatch of EPVFD for automatic response incidents. This response shall be automatic and shall not require request for aid made to the Town by the County and/or the Sherif£ 2. Requested Response. Within the Response Area, the Town agrees to respond to any other emergencies endangering life or property located within the Response Area upon request for id and assistance by the County and/or the Sheriff. Said mutual id response shall be provided as follows: a. All requests for assistance shall be made through the best available communications channel and authorized by the fire chief or agency equivalent or someone exercising their authority. b. Upon proper request for mutual aid, the EPV-FI) will dispatch any available resource and requested personnel to a designated staging area within the Response Area. 2
c. The EPVFD is under no obligation to respond to a mutual id request when conditions exist which would prevent response because of priority responsibility in the Town, and the EPVFD shall not be required to deplete unreasonably its own resources, facilities and services in furnishing such mutual id. d. Any dispatch of equipment and personnel pursuant to this Paragraph 2 is subject to the following conditions: 1). Any request for mutual id hereunder shall include a statement of the amount and type of personnel requested and shall specify the staging area to which the equipment and personnel shall respond. The amount and type of equipment and number of personnel to be furnished shall be determined by a representative of the EPVFD. 2). The EPVFD shall provide the requesting agency with all information available concerning resources beij*provided including numbers and type of equipment and personnel re#ponding, estimated time of arrival to staging area, the name and rac¥+4Uber of the EPVFD's representative in charge of responding res~#des and ~*common radio frequency that can be used to coordinate the resource 3). The EPVFD shall repert to the as#gned staging area and check in with It. -4 - . < the staging area manager of reqiqsting agency representative in charge. The EPVFD resources th*'are assigned shall be under the immediate command of t~1*4Eondi?~agency representative. Such responding agency represelitativ@ &441 ge under the direct supervision of the Sheriff, or the person exercising the functions thereof. In multi-jurisdictional incident*p,here :Mtich Unections and control may be assumed by an agency not party &?this ileement, said direction and control can not be transferred witlipjrt the approval of the Sheriff or the person exercising the functions thereof and the agency representatives having immediate command of the responding resources. Terms and extent of sid direction and control will be negotiated before mutual aid resources are assigned to any agency assuming command of the incident. 3. Expenses. The parties agree that the Town may recover all expenses incurred by the Town for any response pursuant to Paragraph 1 as more fully provided in Section 30-10- 513.5 C.R.S. including, but not limited to, the certification to the County Treasurer of the amount of any cost incurred that remains uncollected after a diligent effort for a period of greater than 180 days. 4. Contract Services. The parties agree that the Town shall have the option, but not the responsibility, to enter into agreements with Homeowners Associations or other entities governing property located within the Response Area to provide the services set forth in Paragraph 1 above. The terms and conditions of said agreements shall be in the sole discretion of the Town. The parties hereto agree that the compensation set forth ill the agreements shall be in lieu of the recovery of costs of said response as more fully set forth in Section 30-10-513.5 3
(1)(a) (see Paragraph 3 above). 5. Conditions o f Automatic Response. The obligation of the Town through the EPVFD to respond pursuant to the provisions of Paragraph 1 above shall be conditioned upon the Town's determination that the specified equipment and personnel are available for response; that such equipment and personnel are not needed in incorporated limits of the Town; and that the equipment and personnel will not be exposed to extraordinary risk of damage, injury, or death. 6. Termination o f Aid. The EPVFD shall be permitted to withdraw its personnel and/or equipment from the scene of any incident in the Response Area when a condition of the incident creates a risk o f injury or death to the EPVFD's responding personnel; or the needs o f the Town require return of the EPVFD's personnel and/or equipment to the Town. 7. Compensation. No party to this Agreement shall be required to pay any compensation to any other party for any services rendered hereunder, except for any compensation received by the Town pursuant to Paragraphs 3 and 4 above. 8. Effect of Agreement. This Agreement~?Ri~~ended to, nor should it be construed to, affect or extend the legal responsibili~s°of anp~he parties hereto, or create or modify any pre-existing legal obligations, if any. 'li~ij~#*eement shall not be construed as or deemed to be an agreement for the benefit of any tER*earty or parties, and no third party or parties shall have any right of action hereunde£ for any'8~se whatsoever. Any services performed or expenditures made in connectioh wi*'0*furnishing of services under this ~ Agreement by any o f the parties hereto shall be ~~med conclusively to be for the direct protection and benefit of the inhabitaats Iind pro~rty of such party. 9. Liability. The par ti.i@d*2eto 'lgree, that during the time that the Town's personnel and equipment are assigned undeE tlli;9~reMient to temporary duty within the Response Area, any liability which on account of a-~egliget or otherwise tortuous act o f the Town's firefighting or other personnel while performink 3~~h duties shall be imposed upon the Town. The parties expressly agree that if the Town or its personnel is responsible for such liability, the Town, to the extent permitted by law, agrees to indemnify, defend, and hold harmless the requesting party against any and all judgments, costs, expenses, liabilities, and attorneys' fees incurred by the requesting party resulting from such liability. In addition, the requesting party, to the extent permitted by law, agrees to indemnify, defend and hold harmless the Town against any and all judgments, costs, expenses, liabilities, and attorneys' fees incurred by the Town, in connection with the requesting party's performance under this Agreement, and resulting from a negligent or otherwise tortuous act of the requesting party. 10. Nothing in this Agreement shall be deemed a waiver of the defenses and limitations of the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., d seq. nor deemed to confer any benefits to any person not a party to this Agreement. 11. Term. This Agreement shall be effective as of the date and year first above written and shall continue in effect indefinitely. Any party to this Agreement may terminate its interest in this Agreement at any time by serving thirty (30) days prior written notice to all other parties of such termination. 4
12. Governing Law. It is expressly understood and agreed by and between the parties hereto that this Agreement is made in and shall be construed and interpreted in accordance with the laws of the State of Colorado. 13. Assignment. This Agreement shall not be assigned by any of the parties hereto without the prior written consent of the other party. 14. Relationship of Parties. The parties hereto enter into this Agreement as separate and independent entities and each shall maintain such status throughout the term of this Agreement. 15. Headings. Headings used in this Agreement are for convenience of reference and shall not control or affect the meaning or interpretation of any provision of this Agreement. 16. Construction. This Agreement shall be construed according to its fair meaning and as if prepared by all of the parties hereto, and shall be~eemed to be and contin the entire understanding and agreement among the parties hereto. fhere shall be deemed to be no other terms, conditions, promises, understandings, statemew€ 6rrepresentations, expressed or implied, concerning this Agreement unless set forth>in writing aY>~ signed by the parties hereto. 17. Default Provision. In the event of dkault on any terms and conditions of this -Agreement, the non-defaulting party shall give the ded#t#ng party written notice of sid default. If said default is not cured within thirty (30) days 6,£ th*date of the notice of default, the non- defaulting party shall be entitled to pursue any r,*tedy available in any court of competent jurisdiction. Sid remedies include dam#R~and/9€.specific performance. Also, the non- de faulting party shall be entitled to all freasenable.attorneys' fees, expert fees and court costs incurred by the non-defaulting pafty:due t#said default. . 4%,44. NAf,> 18. Severabilitv. If 1ny:provi*on of this Agreement, or the application of such provision to any person, entity or ciix:?*~tance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons, entities or circumstances other than those in which it is held invalid, shall not be affected thereby. 19. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 20. Notice. Notices may be effected to either party by written notice by first class mail, to each party at the addresses provided below: LARIMER COUNTY LARIMER COUNTY SHERIFF OFFICE 5
TOWN OF ESTES PARK ATIN: TOWN ADMINISTRATOR PO BOX 1200 ESTES PARK, CO 80517 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LARIMER COUNTY By: ATTEST: Secretary LARIMER COUNTY SHERIFF By: *b* ATTEST: .%1 Secretary IA/. ' OF ESTES PARK - € 1 $#33> - Mayor ATTEST: f 4%,- . L:.01 :.: &, P...&....... V te Town Clerk 9.....0. 6