HomeMy WebLinkAboutPACKET Town Board 2014-05-13
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, May 13, 2014
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PROCLAMATION: “Chuck and Julie Varilek Day.”
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
Recognition of Project Manager Scott Zurn named 2013/2014 Transportation
Professional of the Year.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 22, 2014.
2. Bills.
3. Committee Minutes:
A. Community Development / Community Services, April 24, 2014.
4. Scott Avenue Retention Ponds Tree Planting. $2188.50.
2. REPORTS AND DISCUSSION ITEMS:
1. COMMUNITY REPORT. Commissioner Donnelly.
2. NATIONAL PARK 100TH ANNIVERSARY UPDATE. Chuck Levine, Barbara
Hoppe Scott.
Prepared 05/5/14
* Revised:
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
3. WESTERN HERITAGE UPDATE. Board President Wright.
4. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Manager Zurn.
3. LIQUOR ITEMS:
1. NEW LIQUOR LICENSE - ROCKY MOUNTAIN PARK INN, LLC DBA ROCKY
MOUNTAIN PARK INN, ESTES PARK EVENTS COMPLEX: 1125 ROOFTOP
WAY, 1115 ROOFTOP WAY AND 1209 MANFORD AVENUE, OPTIONAL
PREMISE LIQUOR LICENSE. Town Clerk Williamson.
4. ACTION ITEMS:
1. TRANSPORTATION ADVISORY COMMITTEE APPOINTMENTS. Town Clerk
Williamson.
2. 2014 SHUTTLE SERVICES CONTRACT WITH ROCKY MOUNTAIN TRANSIT
MANAGEMENT. Director Winslow.
3. LEVEL 3 AGREEMENT FOR USE OF TOWN FIBER. Attorney White.
4. RESOLUTION # 11-14 SUPPLEMENTAL BUDGET APPROPRIATION FOR THE
COMMUNITY REINVESTMENT FUND. Finance Officer McFarland.
5. NEW BOND PARK EVENT - ARAPAHO CELEBRATION.. Director Winslow.
6. 2014 FARMERS MARKET ROAD CLOSURE. Director Winslow.
7. NEW EVENT ON ELKHORN AVENUE – ELKHORN DASH ROAD CLOSURE.
Director Winslow.
5. REQUEST TO ENTER EXECUTIVE SESSION:
24-6-402(4)(d) C.R.S. – For discussion of specialized details of security arrangements
Motion: I move the Town Board go into Executive Session– For the purpose of
discussing specialized details of security arrangements under C.R.S. 24-6-
402(4)(d).
6. ADJOURN.
Town of Estes Park, Larimer County, Colorado, April 22, 2014
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 22nd day of April, 2014.
Present: William C. Pinkham, Mayor
Eric Blackhurst, Mayor Pro Tem
Trustees Mark Elrod
John Ericson
Wendy Koenig
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Trustee Elect Bob Holcomb
Trutee Elect Ward Nelson
Absent: None.
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PROCLAMATIONS.
Mayor Pinkham proclaimed the month of May as Emergency Preparedness month.
Mayor Pinkham also proclaimed April 24thas Arbor Day in Estes Park and May as the
month of the tree.
PUBLIC COMMENTS.
Paul Fishman/Town citizen thanked outgoing Mayor Pro Tem Blackhurst and Trustee
Elrod for their service to the community.
TOWN BOARD COMMENTS / LIAISON REPORTS.
Trustee Ericson stated the Community Development/Community Services Committee
meeting would be held on Thursday, April 24, 2014 at 8:00 a.m. in the Board room. The
next Public Safety, Utilities and Public Works Committee meeting would be held on
Thursday, May 8, 2014 at 8:00 a.m. in the Board room.
Trustee Koenig and Norris thanked Mayor Pro Tem Blackhurst and Trustee Elrod for
their services to the community.
Trustee Norris stated Visit Estes Park (VEP) received an EDA grant for $120,000 for
post flood recovery. VEP has completed the interviews for the CEO and President with
a formal announcement to be made in the near future.
Mayor Pro Tem Blackhurst thanked the citizen for allowing him to serve the community
for the past 8 years. He also thanked the staff and leadership team for the
professionalism and efforts to provide the citizens with the highest quality service.
Mayor Pinkham commented it was a pleasure to work with the outgoing Trustees and
commended them both on their passion and service to the community.
TOWN ADMINISTRATOR REPORT.
Policy Governance Policy 3.7 Emergency Preparedness – Administrator Lancaster
reported compliance with the exception of having a business continuity plan for the
Town. He stated the plan continues to be developed by staff and should be
completed by the end of the year.
Board of Trustees – April 22, 2014 – Page 2
Governor Hickenlooper would be present at the ground breaking for Lot 4 Stanley
Historic District. Following the ground breaking he would attend a meeting regarding
economic development. Later in the afternoon the governor would recognize
emergency responders and their efforts during the flood.
1. CONSENT AGENDA:
1. Town Board Minutes dated April 8, 2014.
2. Bills.
3. Committee Minutes:
a. Public Safety, Utilities and Public Works, April 10, 2014:
1. Community Sponsorship Program for bear-resistant trash/recycling
containers.
2. Replace Retaining Wall at Bristlecone Inn, $75,000.
4. Tree Board Minutes dated February 20, 2014 (acknowledgement only).
5. Transportation Advisory Committee Minutes dated March 19, 2014
(acknowledgement only).
6. Resolution #10-14 Setting Public Hearing of May 13, 2014 for a new Optional
Premise Liquor License Application filed by Rocky Mountain Park Inn, LLC
dba Rocky Mountain Park Inn, Estes Park Events Complex.
It was moved and seconded (Blackhurst/Phipps) to approve the Consent Agenda,
and it passed unanimously.
ACKNOWLEDGEMENT OF MAYOR PRO TEM BLACKHURST & TRUSTEE ELROD.
Mayor Pinkham presented Mayor Pro Tem Blackhurst and Trustee Elrod with a girft and
a “Resolutions of Respect” honoring their active participation on the goals and
achievements of the Board of Trustees during their terms of office as Trustee and their
service and dedication to the community.
2. ACTION ITEMS:
1. SWEARING-IN CEREMONY FOR NEWLY-ELECTED TRUSTEES.
Municipal Judge Brown conducted a Swearing-In Ceremony for newly elected
Trustees Robert “Bob” Holcomb, Wendy Koenig and Ward Nelson.
2. MAYOR PRO TEM..
Mayor Pinkham recommended Trustee Koenig serve as Mayor Pro Tem and
requested a motion from the Board. It was moved and seconded
(Ericson/Phipps) to approve the appointment of Trustee Koenig as Mayor
Pro Tem and the motion passed unanimously.
3. APPOINTMENTS.
Policy Governance 101 Board Appointments outlines the appointments to a
number of Boards, Commissions and Task forces. The following were
considered by the Board for formal approval and appointment:
Board, Commission or Task
Force
Liaison Staff Liaison Type of Committee
Creative Sign Design Review Board Alison Chilcott Decision Making
Estes Valley Planning Commission Trustee Phipps Alison Chilcott Advisory/ Decision
Making
Estes Valley Board of Adjustment Alison Chilcott Decision making
Western Heritage Inc Trustee Koenig Bo Winslow Outside
Estes Park Museum Friends and Derek Fortini Outside
Board of Trustees – April 22, 2014 – Page 3
Foundation Inc.
Ambassadors Teri Salerno Outside
Police Auxiliary Wes Kufeld Working Group
Parks Board Trustee Holcomb Kevin
McEachern
Advisory
Transportation Advisory Committee Trustee Ericson Kevin Ash Advisory
Senior Center Inc. Lori Mitchell Outside
Estes Valley Restorative Justice Melissa
Westover
Working Group
Local Marketing District (Visit Estes
Park)
Trustee Norris Outside
Estes Park Board of Appeals Alison Chilcott Advisory/Decision
Making
Sister Cities Trustee Koenig Working Group
Audit Committee Mayor Pinkham
Trustee Ericson
Steve McFarland
Frank Lancaster
Deb McDougall
Advisory
Platte River Power Authority Board
of Directors
Mayor Pinkham Reuben
Bergsten
Outside
Public Works/Public Safety
Committee
Trustees Norris
(Chair), Koenig
and Nelson
Board Committee
Community Development/
Community Services Committee
Trustees Ericson
(Chair), Holcomb
and Phipps
Board Committee
Larimer County Open Lands Board Trustee Nelson Outside
Community Grant Review
Committee
Trustee Ericson,
Trustee Koenig,
Jackie Williamson
Board Committee
Estes Park Economic Development
Corporation Board of Directors
Mayor Pinkham,
Frank Lancaster
Outside
It was moved and seconded (Norris/Koenig) to approve the appointments
as listed above, and it passed unanimously.
Staff Appointments
Per the Municipal Code Section 2.24.010, at the first regular meeting following
certification of the results of each biennial election, the Board of Trustees shall
appoint a qualified person as Town Clerk, Town Treasurer, Town Attorney,
Municipal Judge and Assistant Municipal Judge, and any other officers the
Board of Trustees deems necessary for the good governance of the Town.
Municipal Code Section 2.28.10 Town Administrator; appointment states at the
first regular meeting following certification of the results of each biennial
election, the Board of Trustees shall appoint a qualified person as Town
Administrator.
Staff recommends the appointment of the following officers:
Jackie Williamson – Town Clerk
Steve McFarland – Town Treasurer/Town Clerk Pro Tem
Greg White – Town Attorney
Roger Clark - Assistant Town Attorney
Randy Williams - Assistant Town Attorney
Gary Brown – Municipal Judge
John Easley – Assistant Municipal Judge
Frank Lancaster – Town Administrator
It was moved and seconded (Norris/Koenig) to approve the appointments
of officer as listed above, and it passed unanimously.
4. REPORTS AND DISCUSSION ITEMS.
Board of Trustees – April 22, 2014 – Page 4
1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Project Manager
Zurn stated the main structural elements of the Event Center have been
completed with rough-in electrical, plumbing and HVAC systems nearing 75%
complete. The Pavilion project has been substantially completed and in final
inspection stages and punch list items are being addressed. The project has
come in 8% under budget.
2. PUBLIC INFORMATION QUARTERLY REPORT. PIO Rusch provided an
update on public information activities during the past quarter, including
continued flood response and recovery, public information related to planning
efforts (runoff preparedness, emergency preparedness month, staff training for
emergency response, ballot questions, citizen survey for 2014, FLAP grant,
policy development, bear education, bike to work day, and American in Bloom),
Town newsletter, social media and preparing for the upcoming migration to a
new website platform offered by the Statewide Internet Portal Authority.
Whereupon Mayor Pinkham adjourned the meeting at 8:40 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, April 24, 2014
Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT /
COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer
County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the
24th day of April, 2014.
Committee: Chair Ericson, Trustees Holcomb and Phipps
Attending: All
Also Attending: Finance Officer McFarland, Directors Chilcott, Winslow and
Fortini, Chief Building Official Birchfield, Managers Salerno
and Lynch, Special Event Coordinator Jacobson, Shuttle
Coordinator Wells and Recording Secretary Limmiatis
Trustee Ericson called the meeting to order at 8:03 a.m.
PUBLIC COMMENT.
None.
COMMUNITY SERVICES DEPARTMENT.
NEW EVENT IN BOND PARK.
Director Winslow introduced Don Stewart Rocky Mountain National Park who informed
the Committee of a new event to take place in Bond Park on August 9th and 10th in
conjunction with the 100th Anniversary of Rocky Mountain National Park and the Oliver
Toll/Arapaho Expedition. The onetime event would include education, cultural dances,
music, authentic artifacts, a teepee raising, arts and crafts vendors from the reservation,
and possibly Native American food vendors. The Committee recommended approval
of the Arapaho Celebration Event in Bond Park to be included as an action item
on the May 13, 2014 Town Board agenda.
Paul Fishman town resident requested Director Winslow encourage vendors to park at
the Visitor’s Center after unloading to make downtown parking spaces available to
guests.
NEW EVENT ON ELKHORN AVENUE – ELKHORN DASH, 1 MILER.
Director Winslow requested the approval to close one lane of Elkhorn Avenue for The
Elkhorn Dash, a one mile downhill race to promote downtown businesses and
restaurants, and highlight Estes Park as an athletic destination on June 28, 2014. The
race would start at West Elkhorn Avenue near the Elkhorn Lodge at 8:00 a.m. and finish
at the US Bank parking lot. Belle Morris event coordinator stated the event could begin
at 7:00 a.m. or 7:45 a.m. due to traffic concerns. Chair Ericson stated the start time
should be decided by Director Winslow and Chief Kufeld based upon the time needed to
block off the street. The Committee recommended approval of the Elkhorn Dash, 1
Miler Event on Elkhorn Avenue to be included as an action item on the May 13,
2014 Town Board agenda.
Paul Fishman town resident suggested Belle Morris contact Visit Estes Park and Estes
Valley Partners for Commerce to inform the business community of the event.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Visitor Services Quarterly Report – Manager Salerno informed the Committee of the
increased foot traffic and phone calls received during the first quarter, the positive
response received from the first annual Open House, and the lack of Volunteer
Ambassadors for the upcoming Summer season. Staff has begun to identify what
motivates individuals to volunteer to help with recruitment. Staff also created a
volunteer pamphlet at the request of the Nonprofit Resource Center which was
distributed at a recent job fair to inform the public of volunteer opportunities.
Community Development / Community Services – April 24, 2014 – Page 2
Visitor Services - Transportation/Shuttle – Coordinator Wells introduced Janice Crow
General Manager of Rocky Mountain Transit Management. She invited the
Committee to an event on May 9, 2014 at 1:00 p.m. in which a new hybrid bus would
be at the Beaver Meadows Visitor Center to take a short ride through Rocky
Mountain National Park then tour the new offices and shop space at 1050 Kenwood
Lane. Wells provided an update on the 2014 shuttle season.
o The shuttle system would operate on select days prior to the shuttle season’s
scheduled start date of June 21, 2014 in conjunction with the Stanley Film
Festival, the Art Market and the FACE of Fiber in the Rockies.
o Staff is to participate in the Senior Transportation Coalition Meeting and
CDOT’s Statewide Transportation Plan to ensure transportation efforts are
not being duplicated and Estes Park is included in larger transportation plans
for the area.
o Ambassadors are to be trained on the shuttle system to improve the
experience of guests.
The Committee stated concern confusion may occur with the Fun Tyme Trolleys
operating this summer. Staff would be mindful of the potential confusion and would
address any issues that arise.
COMMUNITY DEVELOPMENT DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Community Development Quarterly Report – Director Chilcott reviewed the
department’s seven core governmental services including building safety,
addressing, floodplain management, signage, the Estes Valley Long Range Master
Plan, planning for the present and nuisances. Building safety activity has been
steady with building permit inspections, plan reviews and building permit numbers.
Senior Permit Technician Phillips has completed all residential plan reviews since
the flood to allow Chief Building Official Birchfield to devote more time to flood
recovery. Staff has also contracted some commercial plan reviews to local firms in
an effort to stay within the plan review performance standard timeframes, as a few
plan reviews fell behind schedule with the demands of flood recovery. The
addressing system continues to improve with the new GIS system. The department
is finalizing the addressing policies and updating the procedures and forms. Chief
Building Official Birchfield was selected as the National Floodplain Manager of the
Year by the Association of State Floodplain Managers. Director Chilcott briefly
reviewed the spring runoff preparations by describing the Emergency Watershed
Protection Program Exigent Projects, Immediate Threat Action, Aggradation Study,
long-term flood recovery master plan and the FEMA Flood Insurance Program. For
signage, staff created handouts on political and real estate signs and has begun
work on a handout that explains sign code in layman’s terms. The Estes Valley Long
Range Master Planning continues with the Comprehensive Plan modernization. Staff
completed the development review of the Stanley Anschutz Wellness Center and
Mountain River Townhomes and would be reworking the development review web
pages. Code Compliance Officer Reichardt was hired in March 2014 to help with
nuisances as Code Compliance Officer/Planner Kleisler would transition to a full-
time Planner.
Verbal Updates and Committee Questions – Trustee Holcomb inquired about the
accuracy of floodplain maps. Chief Building Official Birchfield described the purpose
and accuracy of the floodplain maps and stated the maps were mostly accurate
during the September 2013 flood, with the only exception being Bond Park. Trustee
Phipps inquired about receiving road materials from Highway 36 road reconstruction,
floodplain advisory maps, and who is the representative on the Fish Creek
reconstruction team. Director Chilcott stated the Town has received excess road
material that is being stockpiled. Director Bergsten and Project Manager Zurn are
the primary staff contacts for Fish Creek reconstruction, and Chief Building Official
Birchfield has attended the Technical Advisory Meetings. Trustee Ericson inquired
about various locations throughout Town where debris remains in the river corridor
Community Development / Community Services – April 24, 2014 – Page 3
and requested an update on the micro-brewery tours. Chief Building Official
Birchfield stated seven sites have been identified for debris removal and a contractor
would be coming in next week to begin the cleanup efforts. Director Chilcott stated a
tour of the breweries in the Fort Collins area would be held on May 16, 2014 for
members of the Town Board and Planning Commission and the issue would be
returned to a Town Board Study Session.
COMMUNITY SERVICES DEPARTMENT.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
Museum Quarterly Report – Director Fortini informed the Committee the Curator of
Education facilitated a program in the Kindergarten class at the Estes Park
Elementary School about Enos Mills, the collections hold has been lifted, and
attendance in the first quarter was the highest it has been in the previous five years.
April Events Report – Coordinator Jacobson updated the Committee on the progress
of the Event Focus Committee.
Verbal Updates and Committee Questions – Trustee Holcomb inquired about the
response to the new Event Center and Pavilion. Manager Lynch informed the
Committee many standard requests are coming in, but an unexpected challenge has
been attempting to find lodging that would correspond to the number of guests
attending.
There being no further business, Chair Ericson adjourned the meeting at 10:00 a.m.
Barbara Jo Limmiatis, Recording Secretary
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Brian Berg, Parks Maintenance Worker III
Kevin McEachern, Public Works Operations Manager
Kevin Ash P.E., Interim Public Works Director/Engineer
Date: May 13, 2014
RE: Scott Avenue Retention Ponds Tree Planting
Objective:
Plant 70 aspen trees and 58 cottonwood trees at the Town’s Scott Avenue Retention
Pond site.
Present Situation:
This will be a continuing project with Eagle Rock School, Platte River Power Authority,
the Town’s Tree Board, Estes Park in Bloom and the Parks Division. In the last two
years we have planted over 80 trees and wish to continue in the upcoming years.
Proposal:
The Platte River Power Authority has donated $3,250.00 for the purchase of the trees,
the Town’s Tree Board has provided $2188.50 for the elk and beaver fencing and the
Parks Division will be supplying the soil, mulch and posts. The Parks Division will be
leading 30 Eagle Rock students in planting and fencing all the trees on May 16, 2014 as
part of their Eagle Serve project day.
Advantages:
The trees will aid in natural water filtration, nutrient recycling, wildlife habitat, and
ecosystem diversity.
Disadvantages:
There will be slight impacts to the vegetation.
Action Recommended:
Staff recommends the continued use of the Scott Avenue retention pond area for this
planting and future plantings of trees and other woody vegetation to help with the above
issues. This item was reported by Public Works to the PUP Committee at the May 8,
2014 meeting. It was then recommended to the Consent Agenda for this May 13, 2014
Town Board Meeting.
Budget:
$3250.00 donated by Platte River Power Authority; $2188.50 provided by Estes Park
Tree Board.
Level of Public Interest:
The first cottonwood planting was initiated by the public, for the interest in shade along
the multipurpose trail. It has turned into a multi-organization project that will only
expand in the future.
Sample Motion:
I move for the approval/denial for staff to continue use of the Scott Avenue retention
pond area for the planting and fencing of trees on May 16, 2014 as well as future
plantings of trees and other woody vegetation.
Attachments:
Presentation that was given at the May 8, 2014 PUP Committee meeting.
Presented to PUP Committee
May 8, 2014
Brian Berg, Parks Division
Platte River Power Authority- Donated $1,500
in 2013; donating $3,250 in 2014 for the trees.
Estes Park Tree Board- Provided $2,188.50 for
the elk & beaver fence for this years planting.
Eagle Rock School- For the second year, 25
student volunteers and 10 teachers will plant
and install fence.
Town’s Park Division- Providing all
equipment, soil and mulch for the tree planting.
Estes Park In Bloom
50 -1 gal Aspens and 20 -5 gal Aspens
15 -3 inch caliper Cottonwoods
50 -1gal Aspens and 20 -5gal Aspens
58 -5gal Cottonwoods
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE Special Projects Manager
Date: May 13, 2014
RE: Event Center & Pavilion Construction Update
Objective:
To update the Town Board and public on the progress of the MPEC and Pavilion project
at the Stanley Fairgrounds.
Present Situation:
The MPEC main structural elements are completed and the grain silo architectural
features are installed. The MPEC main event space nears its completion as the
concrete floors are finished .Mechanical and electrical systems are roughed in and trim
out of these systems are beginning. Items evident from the exterior this week will be
items such as overhead door installation and rough grading of the site. Also this week
exterior concrete sidewalks steps and ramps will begin in the front of the building.
Staff does have a walk through and tour of the progress tomorrow at noon for trustees
and interested officials. Staff will give more details of the progress and answer any
questions on the tour.
The Pavilion project is now substantially complete and staff will begin to take over
occupancy of the new facility. Fairgrounds staff will now begin to utilize and become
acquainted with the operation and use of the project. Staff looks forward to showing the
completed project on the tour.
Again as mentioned before the Public Works Parks Division is designing and installing
the landscaping in-house and will be working in concert with the contractor over the next
several weeks.
The delivery date for occupancy of the MPEC is scheduled for early June.
Budget:
Community Reinvestment Fund - $5,682,050. The project remains within budget.
Level of Public Interest
This project has a very high level of public interest.
TOWN CLERK Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: May 13, 2014
RE: Liquor Licensing: New Optional Premises Liquor License Application for
Rocky Mountain Park Inn, LLC dba Rocky Mountain Park Inn, Estes Park
Events Complex: 1125 Rooftop Way, 1115 Rooftop Way, and 1209
Manford Avenue.
Objective:
Approval of a new Optional Premises Liquor License located at the Estes Park Events
Complex at the Fairgrounds at Stanley Park: 1125 Rooftop Way, 1115 Rooftop Way,
and 1209 Manford Avenue, Estes Park, Colorado. Application filed by Rocky Mountain
Park Inn, LLC dba Rocky Mountain Park Inn.
Present Situation:
Rocky Mountain Park Inn, LLC has entered into an agreement with the Town of Estes
Park to operate the food and beverage concession at the Estes Park Events Complex
which includes the concession stand and grandstands, the Events Center, and the
Pavilion at the Fairgrounds at Stanley Park. An application for a new Optional Premises
Liquor License for these locations was received by the Town Clerk’s office on April 10,
2014. All necessary paperwork and fees were submitted; please see the attached
hearing procedure for more information. Chris Cook, who is named on the application
as the manager for the license, has fulfilled the TIPS training requirement by attending
and successfully completing a class offered by trainer Barb Boyer Buck on May 7, 2014.
The application has been sent to the Colorado Department of Revenue Liquor
Enforcement Division (LED) for a concurrent review as requested by the applicant. This
allows the LED to review the application at the same time as Town staff and expedites
the issuance of the new liquor license.
Proposal:
Town Board review and consideration of the application for a new Optional Premises
Liquor License.
Advantages:
Approval of the license will provide the concessionaire with the ability to serve alcohol
during events held at the Events Complex as outlined in the agreement.
Disadvantages:
The concessionaire would be unable to include the sale of alcohol beverages in the
services they provide to event attendees.
Action Recommended:
Approval of the application for a new Optional Premises Liquor License.
Budget:
The fee paid to the Town of Estes Park for a new Optional Premises Liquor License is
$1319. The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the annual renewal fee
payable to the Town of Estes Park for an Optional Premises Liquor License is $869.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the application for a new Optional Premises Liquor license filed
by Rocky Mountain Park Inn, LLC dba Rocky Mountain Park Inn.
Attachments:
1. Procedure for Hearing
1
July 2002
PROCEDURE FOR HEARING ON APPLICATION
NEW LIQUOR LICENSE
1. MAYOR.
The next order of business will be the public hearing on the application of Rocky
Mountain Park Inn, LLC dba ROCKY MOUNTAIN PARK INN for a new Optional
Premises Liquor License located at the Estes Park Events Complex, which consists
of the Grandstand (1209 Manford Avenue), the Event Center (1125 Rooftop Way),
and the Pavilion (1115 Rooftop Way), Estes Park, Colorado.
At this hearing, the Board of Trustees shall consider the facts and evidence
determined as a result of its investigation, as well as any other facts, the reasonable
requirements of the neighborhood for the type of license for which application has
been made, the desires of the adult inhabitants, the number, type and availability of
liquor outlets located in or near the neighborhood under consideration, and any other
pertinent matters affecting the qualifications of the applicant for the conduct of the type
of business proposed.
OPEN PUBLIC HEARING
2. TOWN CLERK. Will present the application and confirm the following:
The application was filed April 10, 2014.
At a meeting of the Board of Trustees on April 22, 2014, the public hearing was
set for 7:00 p.m. on Tuesday, May 13, 2014.
The neighborhood boundaries for the purpose of this application and hearing
were established to be 4.05 miles.
The Town has received all necessary fees and hearing costs.
The applicant is filing as a Limited Liability Company.
The property is zoned CO – Commercial Outlying which allows this
type of business as a permitted use.
2
The notice of hearing was published on May 2, 2014 .
The premises was posted on April 30, 2014 .
There is a police report with regard to the investigation of the applicant.
Status of T.I.P.S. Training:
Unscheduled Scheduled X Completed
There is a map indicating all liquor outlets presently in the Town of Estes Park
available upon request.
3. APPLICANT.
The applicants will be allowed to state their case and present any evidence they
wish to support the application.
4. OPPONENTS.
The opponents will be given an opportunity to state their case and present any
evidence in opposition to the application.
The applicant will be allowed a rebuttal limited to the evidence presented by the
opponents. No new evidence may be submitted.
5. MAYOR.
Ask the Town Clerk whether any communications have been received in regard
to the application and, if so, to read all communication.
Indicate that all evidence presented will be accepted as part of the record.
Ask the Board of Trustees if there are any questions of any person speaking at
any time during the course of this hearing.
Declare the public hearing closed.
6. SUGGESTED MOTION:
Finding. The Board of Trustees finds that the reasonable requirements of the
neighborhood are/are not met by the present liquor outlets in the neighborhood and
that the desires of the adult inhabitants are/are not for the granting of this liquor
license.
Motion. Based upon the above findings, I move that this license be granted/denied.
Transportation Advisory Committee Appointments
Town Clerk Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson, Town Clerk
Date: May 9, 2014
RE: Transportation Advisory Committee Appointments
Objective:
To appoint new committee members to the Transportation Advisory Committee (TAC).
Present Situation:
The TAC was formed just over a year ago to support the comprehensive transportation
planning for the valley; to review and recommend transportation related capital projects,
and to support the safety and maintenance of the Town’s transportation system. The
committee is actively discussing the downtown highway reroute with the Federal Land
Access Project (FLAP) grant and the Visitor Center Parking structure.
The bylaws outline the membership of the committee shall consist of 9 members and
the member must be residents of the Estes Valley Planning district. The terms shall be
for 3 years and shall be staggered so the terms of 3 members would expire each year.
Committee members Stan Black, Ann Finley and Belle Morris were appointed to 1-year
terms that expired on March 31, 2014. The committee also has a vacancy created early
on when a member of the committee moved outside of the Estes Valley Planning
district.
The Administrative Service department advertised for 4 positions on the committee and
received 7 applications. Upon scheduling the interviews, 2 of the 7 applicants withdrew
from consideration. An interview team consisting of Trustee Norris, Trustee Phipps and
Committee Chair Kimberly Campbell conducted interviews on May 8th and May 9th.
Proposal:
The interview team recommends the reappointment of Stan Black, Ann Finley and Belle
Morris to 3-year terms ending March 31, 2017. The team also recommends the
appointment of Pat Newsom to complete the vacant position ending March 31, 2016.
It should be noted the committee was impressed by the quality of the candidates and
the depth of knowledge they bring to the committee.
Transportation Advisory Committee Appointments
2
Advantages:
The positions would be filled allowing the TAC to move forward with current projects
and hold meetings beginning on Wednesday, May 21, 2014.
Disadvantages:
If the appointments are not made, the positions would remain vacant until the positions
could be re-advertised and interviews conducted.
Action Recommended:
Reappoint Stan Black, Ann Finley and Belle Morris to the Transportation Advisory
Committee for 3-year terms expiring on March 31, 2017 and appoint Pat Newsom for a
term expiring on March 31, 2016.
Budget: None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the reappointment of Stan Black, Ann Finley and Belle Morris to
the Transportation Advisory Committee for 3-year terms expiring on March 31, 2017
and appoint Pat Newsom for a term expiring on March 31, 2016.
1 Memo: Contract for shuttle services with Rocky Mountain Transit Management 05/13/2014
To: Honorable Mayor Pinkham
Town Board of Trustees
Town Administrator Lancaster
From: Brian Wells, Shuttle Coordinator
Date: May 13, 2014
RE: Contract for shuttle services with Rocky Mountain Transit Management
Objective:
Rocky Mountain Transit Management (RMTM) (McDonald Transit Associates Inc.) has
made a contract offer to continue operating the busses for the 2014 Estes Park FREE
Shuttle Service.
Consistent with previous years, RMTM will lease three vehicles from Davey Coach not
to exceed the price of $3,485 per vehicle per month and the Town of Estes Park will
reimburse vehicle lease costs.
RMTM will maintain and insure the Town’s trolley under the same terms and conditions
outlined in the service contract.
The Town will pay to install/uninstall Connexionz GPS tracking equipment and exterior
lettering/logos as appropriate per owned/leased vehicles, not to exceed $500 per
vehicle per season.
The hourly service rate for 2013 will be $55.33 which includes routine maintenance,
shuttle drivers, insurance, and fuel costs up to $2.50 a gallon for the five full-service
schedule and charters.
The service contract with Rocky Mountain Transit Management (McDonald Transit
Associates Inc.) is a continuation/piggyback of the five year contract (2014 = 2nd year)
between Rocky Mountain National Park with Rocky Mountain Transit Management
(McDonald Transit Associates Inc.).
Community Services Memo
2 Memo: Contract for shuttle services with Rocky Mountain Transit Management 05/13/2014
Proposal:
The Rocky Mountain Transit Management (McDonald Transit Associates Inc.) contract
proposal is attached.
Advantages:
Offering continued shuttle service (ninth season) for guests and residents of Estes
Park and the surrounding community.
Reduction in the amount of private vehicles on local roads and emissions.
Disadvantages:
Reduced access to local business and services for guests, residents, and summer
workers.
Greater number of private vehicles utilizing area roads and emissions.
Action Recommended:
Acceptance of the agreement with McDonald Transit Associates Inc. to provide shuttle
services for the Town of Estes Park, as specified in the agreement.
Budget:
The 2014 Estes Park FREE Shuttles budget is attached, showing the RMTM contract as
a part of the whole budget.
Transportation Fees #222-5600-456-22-60
RMTM Charters #222-5600-456-22-98
Level of Public Interest:
The Estes Park Free Shuttles served 89,637 riders in 2013 with approximately 30%
being local residents and summer workers.
2013 ridership was 52.3% higher than 2012.
The Shuttle Committee accepts regular requests for shuttle stops from area
businesses and potential riders.
Through the 2013 shuttle season, we have served 344,987 riders.
Staff Recommendation:
Staff recommends approval of the agreement.
3 Memo: Contract for shuttle services with Rocky Mountain Transit Management 05/13/2014
Sample Motion:
I move for approval/denial of the agreement with McDonald Transit Associates
Inc., to provide shuttle services for the Town of Estes Park, as specified in the
agreement.
Attachments:
Agreement with McDonald Transit Associates Inc.
2014 Town of Estes Park Transportation Budget
Note:
Not applicable.
AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ________, 2014 by and
between the Town of Estes Park (hereinafter referred to as the “TOWN”), and McDonald Transit
Associates, Inc., located at 3800 Sandshell Drive, Suite 185, Fort Worth, Texas 76137 (hereinafter
referred to as the “CONTRACTOR”).
WITNESSETH
WHEREAS, the TOWN desires the services of the CONTRACTOR to manage and operate a
fixed route transportation service; and
WHEREAS, the CONTRACTOR has the requisite personnel and experience, and is capable of
managing and operating said service.
NOW, THEREFORE, it is mutually understood and agreed by the TOWN and the
CONTRACTOR as follows:
ARTICLE 1. Complete Agreement
A. This Agreement, including all exhibits and documents incorporated herein and made
applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s)
of the agreement between the TOWN and the CONTRACTOR and it supersedes all prior representations,
understandings and communications. The invalidity in whole or in part of any term or condition of this
Agreement shall not affect the validity of other term(s) or condition(s).
B. The TOWN’S failure to insist in any one or more instances upon the CONTRACTOR’S
performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or
relinquishment of the TOWN’S right to such performance or to future performance of such term(s) or
conditions(s) and the CONTRACTOR’S obligation in respect thereto shall continue in full force and
effect.
ARTICLE 2. TOWN DESIGNEE
The Town Administrator or his/her designee shall have the authority to act for and exercise any
of the rights of the TOWN as set forth in this Agreement.
ARTICLE 3. STATEMENT OF WORK
A. The CONTRACTOR shall perform the work necessary to complete in a manner
satisfactory to the TOWN the services set forth in Exhibit A attached to and by this reference
incorporated in and made a part of this Agreement. All services shall be provided at the times and places
designated by the TOWN.
B. The CONTRACTOR shall provide all operators, mechanics, and supervisors to perform
the above-specified services. All key personnel under this agreement will be subject to the advice and
consent process currently in place with the Town of Estes Park.
ARTICLE 4. TERM OF AGREEMENT
A. This Agreement shall commence upon execution by both parties, and shall continue in
full force and effect until December 31, 2014 (“Initial Term”), unless earlier terminated or extended as
provided in this Agreement.
B. This Agreement will continue annually through December 31, 2018 unless the Town, in
its sole discretion, terminates this Agreement by written notice to the Contractor on or before December
31 of any calendar year. Prior to March 31 of each calendar year, the Parties agree to negotiate to the
routes, dates, costs, number of vehicles, fuel costs, and other items as more fully set forth on Exhibit A.
which will be effective for that year’s services.
C. The TOWN’s election to extend the Agreement beyond the Initial Term shall not
diminish its right to terminate the Agreement for the TOWN’s convenience or CONTRACTOR’s default
as provided elsewhere in this Agreement.
D. If the service is to be provided for less than an entire month, the CONTRACTOR will
invoice the TOWN for revenue hours for the month(s).
E. The Town’s obligation to pay the Contractor for the services in any fiscal year shall be
subject to and contingent on the appropriation by the Town, in its annual budget process, of sufficient
funds to meet its obligations pursuant to this Agreement. No provision of this Agreement shall be
construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial
obligation of the Town within the meaning of any Constitutional or Statutory debt limitation. This
Agreement shall not directly or indirectly obligate the Town to appropriate funds beyond the Town’s
then current fiscal year.
ARTICLE 5. PAYMENT
A. For the CONTRACTOR’s full and complete performance during the billing period of the
Services under this Agreement, the TOWN agrees to pay CONTRACTOR as set forth in Exhibit A.
ARTICLE 6. NOTICES
All notices hereunder and communication regarding the interpretations of the terms of this Agreement, or
changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the
United States mail, registered or certified mail, return requested, postage prepaid and addressed as
follows:
TO THE CONTRACTOR: TO THE TOWN:
McDonald Transit Associates, Inc. Town of Estes Park
3800 Sandshell Drive, Suite 185 P O Box 1200
Fort Worth, Texas 76137 Estes Park, CO 80517
Attn: Robert Babbitt, President Attn: Town Administrator
Phone: (817) 232-9551 Phone: (970) 577-3707
Fax: (817) 232-9560 Fax: (970) 586-2816
ARTICLE 7. INDEPENDENT CONTRACTOR
The CONTRACTOR’s relationship to the TOWN in the performance of this Agreement is that of an
independent contractor. The CONTRACTOR’s personnel performing services under this Agreement shall
at all times be under the CONTRACTOR’s exclusive direction and control and shall be employees of the
CONTRACTOR and not employees of the TOWN. The CONTRACTOR shall pay all wages, salaries,
and other amounts due its employees in connection with this Agreement and shall be responsible for all
reports and obligations respecting them, such as social security, income tax withholding, unemployment
compensation, workers’ compensation and similar matters.
ARTICLE 8. INSURANCE
A. The CONTRACTOR shall procure and maintain insurance coverage during the entire
term of the Agreement. Coverage shall be full coverage and not subject to self –insurance provisions.
The CONTRACTOR shall provide the following insurance coverage:
1. Commercial General Liability, to include Premises/Operations, Contractual
Operations, independent Contractors, and Personal Injury Liability with at least
$5,000,000 of coverage;
2. Automobile Liability Insurance with the following limits:
A. Combined Single Limit of $5,000,000
B. Uninsured/Underinsured Bodily Injury with limits of $25,000 per person;
and
C. Uninsured/Underinsured Bodily Injury with limits of $50,000 per accident;
3. Workers’ Compensation with limits as required by the State of Colorado
4. Employer’s Liability with limits of $1,000,000
B. Proof of such coverage, in the form of an insurance company issued policy endorsement
and a broker-issued insurance certificate, must be received by the TOWN within ten (10) calendar days
from the date of execution of the Agreement with THE TOWN, its officers, directors, employees, agents,
and self-insurance pool (CIRSA) designated as additional insureds. Furthermore, the TOWN reserves
the right to request certified copies of all related i nsurance policies.
C. The CONTRACTOR shall furnish to the TOWN a broker-issued certificate of insurance showing
the required coverage for the CONTRACTOR and further providing that:
1. The coverage shall be primary and noncontributory as to any other insurance
with respect to performance hereunder; and
2. Thirty (30) days prior written notice of cancellation or material change in
insurance coverage to be given to the TOWN.
D. Governmental Immunity Act. The parties agree and understand that t he TOWN is
relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms
(presently Three Hundred Fifty Thousand and 00/100 Dollars ($350,000)per person and Nine Hundred
Ninety Thousand and 00/100 ($990,000) per occurrence) or any other rights, immunities, and protection
provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time
amended, or otherwise available to the TOWN or any of its officers, agents, volunteers or employees.
ARTICLE 9. CHANGES
By written notice or order, the TOWN may, from time to time, order work suspension or make changes in
the general scope of this Agreement, including, not limited to, the services furnished to the TOWN by the
CONTRACTOR as described in Exhibit A. If any such work suspension or change causes an increase or
decrease in the price of the Agreement or in the time required for its performance, the CONTRACTOR
shall promptly notify the TOWN thereof and assert its claim for adjustment within t en (10) days after the
change or work suspension is ordered, and an equitable adjustment shall be negotiated. However,
nothing in this clause shall excuse the CONTRACTOR from proceeding immediately with the agreement
as changed.
ARTICLE 10. NOTICE OF LABOR DISPUTE
Whenever the CONTRACTOR has knowledge that any actual or potential dispute may delay
performance of the Agreement, the CONTRACTOR shall immediately notify and submit all relevant
information to the TOWN and assist the TOWN in developing a plan to continue service.
ARTICLE 11. TERMINATION
A. The TOWN may terminate this Agreement for its convenience any time, in whole or
part, by giving the CONTRACTOR written notice thereof. Upon termination, the TOWN shall pay the
CONTRACTOR its pro rata portion of its fee for services incurred to the date of termination.
B. The TOWN may terminate Agreement for the CONTRACTOR’s default if a federal or
state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR, or if the
CONTRACTOR makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any
term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within
ten (10) calendar days after written notice thereof by the TOWN. The CONTRACTOR shall be liable
for any and all reasonable costs incurred by the TOWN as a result of such default including, but not
limited to, reprocurement costs of the same or similar services defaulted by CONTRACTOR under this
Agreement.
ARTICLE 12. INDEMNIFICATION
The CONTRACTOR shall indemnify, defend and hold harmless the TOWN, its officers, directors,
employees, agents and self-insurance pool (CIRSA) from all losses, damages, claims for personal injury
or damages to real or personal property to the extent caused by the CONTRACTOR’s negligence. The
CONTRACTOR agrees to indemnify the TOWN against expenses, including reasonable attorney’s fees,
and liability arising from any such claim or infringement provided the CONTRACTOR has the right to
control the defense or settlement of any such claim in accordance with the following:
(i) The CONTRACTOR, at its own cost and expense, shall indemnify, defend and hold harmless
the TOWN from and against any and all claims, demands, actions, suits, damages, liabilities,
losses and expenses (including reasonable attorney’s fees and disbursements) for personal injury
or property damage asserted by third parties to the extent caused by the negligence or willful
misconduct of the CONTRACTOR in connection with the CONTRACTOR’s performance, or
failure to perform this Agreement hereunder (“Third Party Claims”).
(ii) The TOWN shall promptly give written notice to the CONTRACTOR after obtaining
knowledge of any potential or actual Third Party Claim against the TOWN as to which recovery
may be sought against the CONTRACTOR because of the indemnity set forth in clause (i) above.
(iii) The CONTRACTOR will have the right to defend the TOWN against any Third Party Claim
with counsel mutually agreed upon by the CONTRACTOR and the TOWN. In addition:
a) The TOWN may retain separate co-counsel at its sole cost and expense to monitor the
defense of the Third Party Claim provided however, that the CONTRACTOR shall have
the right to control the defense of such Third Party Claim in the CONTRACTOR’s sole
discretion.
b) The TOWN will not consent to the entry of any judgment or enter into any settlement
with respect to such Third Party Claim without the prior written consent of
CONTRACTOR;
c) The TOWN shall cooperate with all reasonable requests of CONTRACTOR in
connection with the defense of such Third Party Claim.
(iv) To the extent reasonably possible, the TOWN shall use its good faith efforts to mitigate any
losses which the CONTRACTOR is obligated to indemnify against pursuant to this indemnificatio n
paragraph.
ARTICLE 13. WARRANTY
The CONTRACTOR represents that it is fully experienced and properly qualified to perform the services
required for this Agreement and that it is properly licensed, equipped, organized, and financed to perform
the Services.
The CONTRACTOR warrants that all Services shall be in accordance with this Agreement and shall
comply with the performance standards of Exhibit A. In the event of a breach of this warranty, the
CONTRACTOR shall take the necessary actions to correct the breach and the consequences thereof, at
the CONTRACTOR’s sole expense, in the most expeditious manner as permitted by existing
circumstances. If the CONTRACTOR does not promptly take steps to correct the breach upon
notification by the TOWN, the TOWN, without waiving any other rights or remedies it may have at law
or otherwise, may do so or cause others to do so and the CONTRACTOR shall promptly reimburse the
TOWN for all expenses and cost incurred in connection therewith.
ARTICLE 14. ASSIGNMENTS AND SUBCONTRACTING
Neither this Agreement nor any interest herein nor claim hereunder may be assigned by the
CONTRACTOR either voluntarily or by operation of law, nor may any part of this Agreement be
subcontracted by the CONTRACTOR, without the prior written consent of THE TOWN. Consent by
THE TOWN shall not be deemed to relieve the CONTRACTOR of its obligations to comply fully with
all terms and conditions of this Agreement.
ARTICLE 15. FEDERAL, STATE AND LOCAL LAWS
The CONTRACTOR warrants that in the performance of this Agreement, it shall comply with all
applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and
regulations promulgated thereunder.
ARTICLE 16. OWNERSHIP OF REPORTS AND DOCUMENTS
The originals of all letters, documents, reports and other products and data produced under this
Agreement shall be delivered to, and become the property of the TOWN. Copies may be made for the
CONTRACTOR’s records but shall not be furnished to others without written authorization from THE
TOWN.
Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be
retained by the TOWN.
ARTICLE 17. PATENT AND COPYRIGHT INFRINGEMENT
A. In lieu of any other warranty by the TOWN or the CONTRACTOR against patent or
copyright infringement, statutory or otherwise, it is agreed that the CONTRACTOR shall defend at its
expense any claim or suit against the TOWN on account of any allegation that any item furnished under
this Agreement or the normal use or sale thereof arising out of the performance of this Agreement,
infringes upon any presently existing U.S. letters patent or copyright and the CONTRACTOR shall pay
all costs and damages finally awarded in any such suit or claim, provided that the CONTRACTOR is
promptly notified in writing of the suit or claim and given the TOWN, information and assistance at the
CONTRACTOR’s expense for the defense of same. However, the CONTRACTOR will indemnify the
TOWN if the suit or claim results from: (1) the TOWN’s alteration of a deliverable, such that said
deliverable in its altered form infringes upon any presently existing U.S. letters patent or copyright; or (2)
the use of a deliverable in combination with other material not provided by the CONTRACTOR when
such use in combination infringes upon an existing U.S. letters patent or copyright.
B. The CONTRACTOR shall have sole control of the defense of any such claim or suit and
all negotiations for settlement thereof. The CONTRACTOR shall not be obligated to indemnify the
TOWN under any settlement made without the CONTRACTOR’s consent or in the event the TOWN
fails to cooperate fully in the defense of any suit or claim, provided, however, that said defense shall be
at the CONTRACTOR’s expense. If the use or sale of said item is enjoined as a result of such suit or
claim, CONTRACTOR, at no expense to THE TOWN, shall obtain for the TOWN the right to use and
sell said item, or shall substitute an equivalent item acceptable to the TOWN and extend this patent and
copyright indemnity thereto.
ARTICLE 18. FORCE MAJEURE
Either party shall be excused from performing its obligations under this Agreement during the time and
to the extent that it is prevented from performing by an unforeseeable cause beyond its control in cluding,
but not limited to: any incidence of fire, flood, strike; acts of God; commandeering of material, products,
plants or facilities by the federal, state or local government; national fuel shortage; or a material act of
omission by the other party; when satisfactory evidence of such cause is presented to the other party, and
provided further that such nonperformance is unforeseeable, beyond the control and is not due to the
fault or negligence of the party not performing.
ARTICLE 19. DEFAULT
In the event either Party shall fail to observe or perform any of the terms and provisions of this
Agreement and such failure shall continue for a period of ten (10) days after receipt of written notice
from the non-defaulting party ("Default"), then the non-defaulting party may terminate this Agreement,
provided however, that where such Default cannot reasonably be cured within such period, and the
defaulting party has proceeded promptly to cure the same and is prosecuting such cure with diligence, the
time for curing such Default shall be extended for an amount of time, not to exceed ten (10) days, as may
be necessary under the circumstances to complete such cure.
ARTICLE 20. COSTS
Except as otherwise expressly provided above, each Party shall bear all of it s own attorney's fees and
other expenses related to this Agreement.
ARTICLE 21. BINDING EFFECT
This Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their
respective successors and assigns.
ARTICLE 22. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado
with venue in the District Court, Larimer County, Colorado.
ARTICLE 23. SEVERABILITY
In the event any term, covenant or condition of this Agreement, or the application of such term covenant
or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all
other terms, covenants and conditions of this Agreement shall not be affected thereby, but shall remain in
force and effect unless a court holds that the invalid term, covenant or condition is not separable from all
other terms, covenants and conditions of this Agreement.
ARTICLE 24. WAIVER
No delay or omission by either Party to exercise any right or power occurring upon non-compliance or
failure of performance by the other Party shall impair that right or power or be construed to be a waiver.
A waiver by either Party of any of the covenants, conditions or Agreements to be performed by the other
Party shall not be construed to be a general waiver.
ARTICLE 25. INTEGRATED AGREEMENT AND AMENDMENTS
This Agreement is an integration of the entire understanding of the parties with respect to the matters set
forth herein. The parties shall only amend this Agreement in writing with the proper official signatures
attached thereto.
Article 26. WORK BY ILLEGAL ALIENS PROHIBITED
A. CONTRACTOR hereby certifies that, as of the date of this Agreement, it does not
knowingly employ or contract with an illegal alien and that CONTRACTOR has participated or
attempted to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5-
101(1) (“Program”) in order to verify that it does not employ illegal aliens.
B. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform
works under this Agreement or enter into a contract with a subcontractor that fails to certify to
CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement.
C. CONTRACTOR hereby certifies that it has verified or attempted to verify through
participation in the Program that CONTRACTOR does not employ any illegal aliens and, if
CONTRACTOR is not accepted into the Program prior to entering into this Agreement, that
CONTRACTOR shall apply to participate in the Program every three (3) months until CONTRACTOR
is accepted or this Agreement has been completed, whichever is earlier.
D. CONTRACTOR is prohibited from using Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
E. If CONTRACTOR obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required
to:
i. notify the subcontractor and the TOWN within three (3) days that
CONTRACTOR has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
ii. terminate the subcontract with the subcontractor if within three (3) days of
receiving the notice required pursuant to this subparagraph the subcontractor
does not stop employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during such
three (3) days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
F. CONTRACTOR shall comply with any reasonable request by the Colorado Department
of Labor and Employment (“Department”) made in the course of an investigation that the Department is
undertaking pursuant to the authority established in Article 17.5 of Title 8 C.R.S.
G. If CONTRACTOR violates this paragraph, the TOWN may terminate this Agreement for
breach of contract. If this Agreement is so terminated, CONTRACTOR shall be liable for actual and
consequential damages to the TOWN.
This Agreement shall be effective upon execution by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
first above written.
McDONALD TRANSIT ASSOCIATES, INC.
By____________________________________
Robert T. Babbitt, President
TOWN OF ESTES PARK
By____________________________________
Bill Pinkham, Mayor
ATTEST:
________________________________
Town Clerk
Exhibit A
Town of Estes Park
2014 Proposal
June 21 thru September 7 79 days
BLUE 9:00 am - 10:00 pm 13 hours per day 1027 Total hours: $55.33 $56,823.91
RED 9:00 am --10:00 pm 13 hours per day 1027 Total hours: $55.33 $56,823.91
SILVER: 8:45 am --9:45 pm 13 hours per day 1027 Total hours: $55.33 $56,823.91
BROWN: 8:00 am - 10:00 pm 14 hours per day 1106 Total hours: $55.33 $61,194.98
TROLLY 9:00 am --10:00 pm 13 hours per day 1027 Total hours: $55.33 $56,823.91
TOTAL: 5214 Total hours: $288,490.62
2014 TOTAL:
$288,490.62
Blue-1 wheelchair accessible cutaway @ $1750 per month (20 pass. ADA Compliant) all gasoline powered shuttles.
Silver -Lease Costs: 1 wheelchair accessible cutaway @ $3165 per month (15 pass. ADA Compliant)
Red - Lease Costs: 1 cutaway @ $3085 each per month (15 pass. Non ADA)
Brown - Lease Costs: 1 cutaway @ $3485 each per month (25 pass. Non ADA)
ADDITIONAL APPROXIMATE COSTS:
Lettering Vehicles: $250 per vehicle
ConnexionZ install: $500 per vehicle
Motor vehicle fee:$945 for 3 vehicles
10 days additional cost pickup and return vehicles: $100 per day per vehicle (IF NEEDED)
Additional mileage over 6,000 per vehicle is .50 cents per mile.
Town of Estes Park is responsible for any fuel costs over $2.50 per gallon (2013cost $9300) (2013cost $9300)
ADDITIONAL:
Lettering
$750.00
ConnexionZ install & uninstall
$1,500.00
Motor Vehicle fees
$945.00
Fuel Surcharge
$9,300.00
Charters
$5,355.00 The Charter service hourly rate is $55.33
Maps & Signs
$17,850.00
Lease Costs: 1 cutaway @ $3085 each per month (ADA Compliant) $9,255.00
Lease Costs: 1 cutaway @ $3485 each per month $10,455.00
Lease Costs: 1 cutaway @ $3165 each per month (ADA Compliant) $9,495.00
Lease Costs: 1 cutaway @ $1750 each per month ___$5,250.00
$34,455.00
TOTAL $340,795.62
Total Cost: $335,440.62
(less charters)
Daily cost (81 days) 1 week 2 week cost Monthly (31 days) cost
4,141.24 $28,988.70 $57,977.39 $128,378.51
Above cost does not include any charter hours
Total Cost w/Charters: $340,795.62 ($55.33 per hour)
Daily cost (81 days) 1 week 2 week cost Monthly (31 days) cost
4,207.35 $29,451.47 $58,902.95 $130,427.95
Fiber Use License Agreement – Level 3 Communications, LLC
Town Attorney Memo
1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Gregory A. White, Town Attorney
Date: May 5, 2014
RE: Fiber Use License Agreement – Level 3 Communications, LLC
Objective:
Review and approve, if applicable, the Fiber Use License Agreement between the Town
of Estes Park and Level 3 Communications, LLC (“Level 3”).
Present Situation:
Effective September of 2005, the Town and ICG Telecom Group, Inc. (“ICG”) entered
into an agreement leasing six (6) of the Town’s fiber optic fibers (the “Licensed Fibers”)
to ICG. Level 3 acquired ICG. Since that acquisition, Level 3 has used the Licensed
Fibers. Pursuant to its terms, the ICG Agreement terminated on September 5, 2010.
However, Level 3 has continued to use the Licenses Fibers without an agreement with
the Town. For the past two years, Town Staff has been negotiating with Level 3 to
reach an agreement on the use of the Town’s fibers which will provide a monthly
payment to the Town and settlement for the use of the Town’s fibers since the
termination of the ICG Agreement in September of 2010.
The Colorado Statutes place limitations on the Town’s ability to license its fiber to third
parties. The Town may only license the unused excess capacity of its fiber. The
unused fiber must be made available to all third parties who wish to license the fiber on
the same terms and conditions as any third party.
The Agreement contains the following terms:
1. The term is for a five (5) year period with an additional five (5) year option at the
discretion of Level 3.
2. The monthly payment for Licensed Fibers is in the amount of $1,665.00, which is
the same monthly amount the Town is currently charging CenturyLink for use of
other Town fibers.
3. A lump sum payment in the amount of $35,000 for the period from September,
2010 to May, 2014. Please note that the original ICG Agreement had no monthly
payment and only required a payment to the Town of a percentage of income
received by ICG/Level 3, which income was never achieved during the term of
the original agreement.
Setting Show Cause Hearing 2
Advantages:
Puts in to place a written Agreement for the lease of fiber from the Town by Level 3
including a monthly payment and settlement of any outstanding issues from
September of 2010.
Provides fiber optic communication through Level 3 to customers of Level 3 in the
Estes Valley.
Disadvantages: None.
Action Recommended:
Approve the Fiber Use License Agreement with Level 3.
Budget: The $35,000 lump sum payment and the monthly income will provide
revenue to the Town.
Sample Motion:
I move to approve/not approve the Fiber Use License Agreement with Level 3
Communications.
FINANCE DEPT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Steve McFarland, Finance Officer
Date: May 13th, 2014
RE: Resolution #11-14; 2014 Supplemental Budget Appropriation for
Community Reinvestment Fund
Background:
Changes to Budgets often become necessary as unforeseen opportunities and
challenges arise. Normally, multiple Fund budgets are amended together as part of the
year-end Budget process, but on this occasion, it is necessary to supplementally
appropriate the Community Reinvestment Fund (CRF) prior to year-end.
The purpose of this mid-year budget amendment is three-fold:
1. 2013 data is complete enough to forecast ending 2013 fund balance with
reasonable confidence.
2. Projects in progress (with purchase orders) were rolled over in to the 2014
Budget. Portions of projects that had not advanced to the point of being
contracted at the end of 2013 were returned to fund balance. These projects
have continued and the monies that were originally appropriated in 2013 must
now be re-appropriated in 2014. This appropriation wraps all expenditures
expected in 2014 into one resolution/budget amendment.
3. One of the projects that had not advanced far enough along to be rolled over was
(the construction portion of) the Parking Structure. The Town and State are at
the point where IGAs must be approved that will allow the Town to accept the
$228,500 CMAQ and $400,000 FASTER grants. These grants can/will be used
for the construction portion of the Parking Structure, but part of the acceptance
requirements is that the Town must demonstrate a budgeted amount for the
Structure. Stating these items in the budget does not mean that we must
proceed – it just allows for the possibility of proceeding seamlessly.
The attached spreadsheet reports the progression of the CRF from 2012 through May
2014. There are 6 columns of data. The columns (A, B, C, E) with yellow at the top are
identical to the columns that are in the 2014 Budget (page 76). Column D is the end-of-
year estimate for 2013 as of May 09 2014, and is therefore an update of Column C.
Column F is the column with the current 2014 estimates/data, and the total expenditure
amount of $9,872,014 is what is being requested for adoption.
Comments:
A. (2012) Column A shows 2012 final data.
B. (Original Budget 2013) Column B shows the original 2013 Budget for CRF
(adopted Dec 2012).
C. (Revised Budget 2013) Column C shows the revised 2013 Budget for CRF
(adopted Dec 13).
D. (YTD 2013) Column D reports final data for 2013, pending any audit adjustments.
This is new (revised) data. Column D updates Column C.
E. (Budget 2014) Column E is the approved 2014 Budget column.
F. (Revised Budget 2014) Column F shows proposed mid-year changes to the
CRF. When reviewing the changes, compare columns E and F. Changes
include:
a. REVENUES:
i. Grant income Several line items of Grant-related income remaining
from 2013 are being carried forward to 2014. These total ($10,000
+ $256,000 + $3,728,500) $3,994,500. These are not new monies
– rather they monies budgeted but not received in 2013.
ii. Sale of Assets Lot 4 was originally purchased through CRF and
therefore with the sale, the proceeds also appear in CRF.
b. EXPENDITURES
i. Elm Road The Town began budgeting for potential mitigation
costs for Elm Road in 2013. Initially costs were estimated to be as
much as $1,000,000, and the costs were to be budgeted out over
5-6 years, with the early years being $175,000/year. $175,000 was
budgeted in 2013, but only $46,795 was spent. An additional
$175,000 was budgeted in 2014, but the 2013 balance ($128,205)
was not brought forward. The revised 2014 Budget carries the
remaining 2013 amount forward, so that there will now be
($175,000 + $128,205) $303,205 available in 2014. Recent work
with Stewart Environmental is narrowing cost estimates to the
$300-400,000 range, which is a significant improvement from the
original estimate of $1,000,000.
ii. Parking Structure $228,103 of the $4,660,625 budget was spent in
2013. The remaining $4,432,522 needs to be carried forward into
2014 in order for the Town to be able to accept the above-
mentioned grants. The project is currently in design phase.
iii. MPEC/Stall Barns $3,418,127 of the MPEC/Stall Barn project was
unspent in 2013, and needs to be carried forward into 2014. The
project is going well and is currently under budget.
iv. Transportation Hub Irrigation Originally budgeted at $150,000, the
project was subsequently reduced to $135,000. $25,458 remains
unspent, and the amount is needed to finish the project.
v. Street improvement Program (STIP) In recent years, it has been
practice to dedicate $435,00 in expenditures towards STIP. In
2013, $336,528 of the STIP balance was unspent, and is being
brought forward into 2014, bringing the current year STIP allocation
to ($435,000 + $336,528) $771,528.
The CRF fund balance is projected to be drawn down to $1,521,654 by the end of 2014,
of which $200,000 is set aside for the proposed Museum Storage Facility.
The attached Resolution #11-14 requests a restated total expenditure amount of
$9,872,014 for the CRF. These funds will come from a combination of fund balance
(unappropriated surplus), sale of asset proceeds, and untapped grant monies.
Advantages:
The advantage to approving Resolution #11-14 is that budgeted projects may continue
without interruption.
Disadvantages:
Staff sees no material disadvantages to approving Resolution #11-14. Procurement
policies must still be followed (involving Board approval beyond certain expenditure
levels), and budget approval does not necessarily guarantee that a project can or will
come to fruition.
Staff Recommendation:
Staff recommends adopting Resolution #11-14 for supplemental appropriation for the
2014 Community Reinvestment Fund Budget.
Sample Motion:
I move to approve/deny Resolution #11-14, which adopts the supplemental
appropriations for the 2014 Community Reinvestment Fund Budget.
RESOLUTION NO. #11-14
A RESOLUTION APPROPRIATING SUPPLEMENTAL SUMS OF MONEY TO FUNDS AND
SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH
BELOW FOR THE TOWN OF ESTES PARK, COORADO, FOR THE BUDGETING YEAR
BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014.
WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the 2014
annual budget in accordance with the Local Government Budget Law on December 10, 2013;
and
WHEREAS, revised appropriations from the following fund in the following amount is
necessary:
1. $9,872,014 from the combination of 1) unappropriated surplus and 2) additional revenues
of the Community Reinvestment Fund
WHEREAS, it is not only required by law, but also necessary to appropriate the surpluses
provided in the budget from the fund listed above, so as not to impair the operations of the
Town.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ESTES PARK, COLORADO, THAT:
That the above amount is hereby appropriated from the unappropriated surplus and
additional revenues of the Community Reinvestment Fund.
ADOPTED this 13th day of May, 2014.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
5/9/2014
ABCDEF
14 BUD BK
O Budget Revised Budget (05/09/14) Budget Revised Budget
2012 2013 2013 YTD 2013 2014 2014
Inflows
Beginning Fund balance $2,542,157 $2,350,665 $2,851,440 $2,851,440 $377,869 $4,825,992
Transfer from General Fund 900,000 800,000 450,000 450,000 800,000 800,000
Transfer from General Fund (STIP) 435,000 435,000 435,000 435,000 435,000
Transfer from GF (25%) 346,789
Transfer for PW/Utility Office remodel 100,000
Grant income 96,712 330,000 330,000
Fall River Trail (NEPA) 17.2% match
NEPA Study 210,000 195,740 10,000
Transportation Enhancement 256,000 256,000
Parking Structure 3,328,500 3,728,500 3,728,500
COPs ‐ MPEC/Stall Barn 6,075,000 6,075,000
Miscellaneous 599 632
Investment income 12,028 5,000 5,000 (1,439)10,000 10,000
Sale of assets (Lot 4)998,176
Total inflows 1,009,339 5,015,289 11,159,500 7,154,933 1,575,000 6,567,676
Personnel 21,561
Legal/engineering/other 9,422 20,662 8,103 5,000 5,000
Flap Grant assistance costs 40,000
Transportation enhancement grant 8,812
Weist retaining wall 71,644
Bond Park ‐ Master Plan 14,620
Federal ‐ CMAQ/FASTER 90,012
2012 Projects
NEPA study 133,575 58,304 55,290
Stall Barn Master Plan 163,201 24,974 18,981
Police Dept remodel 131,095 7,700 75
MPEC proforma 27,000 23,000 23,000
Comp Plan ‐ Museum/Sr Ctr 491 88,509 86,500
Fairgrounds sewer/site work 23,963 346,132 264,479
Bond Park/MacGregor Ave Ret/Set 47,803
CVB ‐ column repair 2,260 20,149 20,149
2013 Projects
Transportation Enhancement Grant 350,954 343,924
Elm Road landfill mitigation 2,400 175,000 175,000 46,795 175,000 175,000
Balance from 2013 128,205
Parking structure 4,460,000 4,660,625 228,103
Balance from 2013 4,432,522
MPEC/Stall Barn project
Construction 7,150,000 3,731,873
Balance from 2013 3,418,127
Costs of issuance 71,118 70,518
COPS note payment 74,221 74,221 517,623 517,623
Performance Park Overlay 20,000
Bleachers replacement per CIRSA 42,000 42,000 42,830
Permanent fence around Birch Ruins 18,000
Transportation Hub irrigation 150,000 135,000 109,542
Balance from 2013 25,458
PW/Utility Office remodel 100,000
Street Improvement Program (STIP) 435,000 344,723 8,195 435,000 435,000
Balance from 2013 STIP 336,528
2014 Projects
Fall River Trail (NEPA) 17.2% match 398,551 398,551
Total 700,056 5,400,000 13,633,071 5,180,381 1,531,174 9,872,014
Net change 309,283 (384,711) (2,473,571)1,974,552 43,826 (3,304,338)
Fund Balance $2,851,440 $1,965,954 $377,869 $4,825,992 $421,695 $1,521,654
reserved for Museum Storage facility 0 200,000 200,000 200,000 200,000 200,000
2013 remainders:
Elm Road 0 0 0 128,205 0 0
MPEC/Stall Barns 0 0 0 3,418,127 0 0
Tranportation Hub irrigation 0 0 0 25,458 0 0
Street improvement Program (STIP) 0 0 0 336,528 0 0
Available Fund Balance $2,851,440 $1,765,954 $177,869 $743,132 $221,695 $1,321,654
Community Reinvestment Fund
Special Revenue Fund, #204
Town of Estes Park ‐ 2014 Budget
Purpose:
* The Community Reinvestment Fund provides funds for General Fund, Special Revenue Fund and Internal Service Fund capital projects. Funding comes
from the General Fund, Grants and TABOR excesses (voter approval in 2000) when applicable.
14 BDGT BOOK
Community Services Memo
To: Honorable Mayor Pinkham
Town Board of Trustees
Administrator Lancaster
From: Bo Winslow, Community Services Director
Date: May 13, 2014
RE: New Event in Bond Park – Arapaho Celebration
Objective:
To have new event reviewed by Town Board and approve to conduct. Event date is
August 8, 2014.
Present Situation:
Per Town Policy all new events in Bond Park need to be approved by Town Board.
Proposal:
Celebrate the 100th Anniversary of the 1914 Oliver Toll/Arapaho Expedition. In 1914 the
Colorado Mountain Club (C.M.C), hoping to persuade Congress to support the
establishment of a national park in the Estes Valley-Grand Lake area, arranged for
Arapaho elders from the Wind River Reservation (Arapaho/Cheyenne) to provide
Arapaho names for local landmarks they remembered in their childhood. Harriet Vaille
and Edna Hendrie from the C.M.C. organized the project traveling to the reservation to
interview Arapaho and coordinating their travel arrangements to Estes Park. Harriet
Vaille selected her younger cousin, Oliver Toll, to act as the ethnographer for the trip.
Oliver Toll, along with Shep Husted, local guide, began the two week pack trip on July
16, 1914 along with three members of the Arapaho tribe: Tom Cripsen, Gun Griswold
and Sherman Sage. Traveling throughout the Estes Valley, mountains and Grand Lake,
Oliver Toll carefully recorded their journey along with stories and names the Arapaho
provided. Besides naming several of the area’s peaks, the Arapaho meet many
residents as well including Peter Hondius. Oliver Toll organized his notes and produced
a small book titled Arapaho Names and Trails which continues to be sold in the park’s
bookstores. Since 2003, the Arapaho have been on several educational trips to Rocky
Mountain National Park with students, teacher and elders from the Wind River
Reservation and Arapaho High School, primarily learning about the 1914 route of their
ancestors and teach their youth about Arapaho history and culture. Participants have
included several direct decedents of from the 1914 trip including Sherman Sage’s
grandson. The Arapaho have requested to Celebrate the 100th Anniversary of the 1914
Expedition in Bond Park in August 2014. The Celebration would include the following: •
Stage to show cultural dances and education on each dance to visitors. (Similar to what
occurs during Elk Fest, but expanded) • Do a Tee Pee raising to educate people on the
history and use of Tee Pees. • Art and Craft venders from the reservation to sell art
work and crafts. (Examples would be bead work artists, photographers, original
paintings, etc…) • Food is yet to be determined but if included would include an Indian
Tacos vendor. The venue, booths, demonstrations are being organized by the same
Wind River reservation staff that organize the yearly Arapaho events and booths for
Cheyenne Frontier Days in Wyoming. The event in Bond Park would be very similar to
their activities for Cheyenne Frontier Days. In addition to the above events, Arapaho
Students, Teachers and Elders will also be involved in their yearly Education trip to
Rocky Mountain National Park. Each day the park will have a group of Arapaho in the
park’s shuttle bus to re-live part of the 1914 journey. A separate Art Show for Arapaho
Artist to display their artwork is planned at the Fall River Visitor Center. The primary
goal of the Bond Park Event is for the Arapaho to celebrate their heritage and share
their culture with the Town of Estes Park Community and for visitors to Estes Park.
Advantages:
Support Rocky Mountain National Park in there 100 year celebration.
Educate the community and our guest about the Arapaho.
Provide those that attend an opportunity to purchase authentic Native American
items.
Celebrate the Expedition of 1914.
Disadvantages:
Could compete with merchandise downtown merchants currently sell however
this is true with other events that currently are taking place in the park
This event would require blocking off parking places in the area which could
create parking issues however there will only be 40 – 50 vendors allowing Park
Lane to be mostly available for parking.
Action Recommended by Staff:
Staff recommends approval of this event. This is only a 1 year event and will not be
back in 2015.
Budget:
The Town will receive revenues for facility, tent, and stage rental as well as $20 per
vendor as a vendor fee. There will be minimal staff time to assist with the event.
Level of Public Interest
Staff feels as though there will be concern about another new event in Bond Park that
competes with local downtown business and causes more congestion. Staff also feels
as though this event is a good fit for the type of events that work well in Bond Park and
feel as though the educational and historical aspect of this event is an important piece.
Sample Committee Recommendation:
I recommend approval/denial of the Arapaho Celebration Event in Bond Park on
August 8, 2014.
Community Services Memo
To: Honorable Mayor Pinkham
Town Board of Trustees
Administrator Lancaster
From: Bo Winslow, Community Services Director
Date: May 13, 2014
RE: 2014 Farmers Market Road Closure
Objective:
To receive permission to close roads as identified in Attachment A for the Farmers
Market. The market is every Thursday starting June 5 and continues until September
25. The event starts at 7 am and runs until 1 pm.
Present Situation:
The market is currently at the Fairgrounds. Staff has received several suggestions that
the market should be on MacGregor Avenue as it was during the 2013 Flood.
Proposal:
Staff proposes to move the market from the Fairgrounds to the area surrounding Bond
Park. Staff would evaluate the event at the end of the season and bring forward to
Town Board a recommendation for future years. There are usually 40-50 vendors that
set up at the market and sell consumable goods. These vendors do sell out of their
vehicles and will need some vehicles in the area to restock.
Advantages:
Market would be downtown close to businesses
Would attract market participants to the downtown area
The market is a good fit for the type of event that the Events Advisory Team is
recommending for the area
Minimal competing goods to the downtown area would be sold
Market vendors are excited about the change
Disadvantages:
Parking later in the morning will be difficult
Access to the market will be more difficult
There are local market shoppers that may not like the new location
Action Recommended by Staff:
Staff recommends the market be move to the Bond Park Area.
Budget:
No change to current budget
Level of Public Interest
Staff feels with many of the downtown merchants on board with this event the public
interest will be high, but most should be positive.
Sample Motion:
I recommend approval/denial of the road closures around Bond Park, as
identified in Attachment A, in order to conduct the Farmers Market.
Community Services Memo
To: Honorable Mayor Pinkham
Town Board of Trustees
Town Administrator Lancaster
From: Bo Winslow, Community Services Director
Date: May 13, 2014
RE: New Event on Elkhorn Avenue – Elkhorn Dash, 1 Miler
Objective:
To have new event reviewed by Town Board and approve to conduct. Event will be
June 28, 2014.
Present Situation:
Per Town Policy all new events requiring a road closure need to be approved by Town
Board.
Proposal: The Elkhorn Dash, 1 Miler is a downhill race on Elkhorn Avenue for pure fun
and adventure! The intention is to promote Elkhorn Ave and businesses in downtown.
The event is for anyone who is willing to run, walk, skip, and push stroller for one mile.
We encourage a fast race or a mild walk for others. The course will be a one mile run
starting at West Elkhorn Ave and finishing at parking lot at US BANK, East Elkhorn. This
straight down Elkhorn Ave will be on north side of street lane, against traffic. Runners
will turn into the parking lot to finish. The race is scheduled to start at 8:00am and will be
completed by 8:30am.
Advantages:
Promote Elkhorn Avenue; businesses and restaurants
Event is geared toward everyone in the community; runners and walkers
Disadvantages:
Closure of Elkhorn Ave during high volume time of year and a bust event
weekend
Unclear of support from downtown merchants
Potential traffic congestion/Scandinavian Festival is in Bond Park
Action Recommended by Staff:
Staff recommends the event applicant take into consideration a different time of year to
conduct the Elkhorn Dash, 1 Miler or may want to look at starting at 7:30 am. The
Event Advisory Team saw no problems with this event.
Budget:
6 hours staff time for Public Works and Events Staff. PD will also have officer time
involved with the road closure.
Level of Public Interest
With a larger event already taking place in Bond Park this same weekend, the
Scandinavian Midsummer Festival, staff is concerned about the negative impact of the
road closure to the community during a high volume time in June.
Sample Committee Recommendation:
I recommend approval/denial of the Elkhorn Dash, 1 Miler Event on Elkhorn
Avenue.
1
TOWN OF ESTES PARK
EXECUTIVE SESSION PROCEDURE
May 13, 2014
Executive Sessions may only occur during a regular or special meeting of the Town
Board.
Limited Purposes.
Adoption of any proposed policy, position, resolution, or formal action shall not occur at
any executive session.
Procedure.
Prior to the time the Board convenes in executive session, the Mayor shall announce
the topic of discussion in the executive session and identify the particular matter to be
discussed in as much detail as possible without compromising the purpose for which the
executive session is authorized, including the specific statutory citation as enumerated
below. Prior to entering into an executive session, the Mayor shall state whether or not
any formal action and/or discussion shall be taken by the Town Board following the
executive session.
1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal,
or other property interest - Section 24-6-402(4}(a}, C.RS.
2. For a conference with an attorney for the Board for the purposes of receiving
legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS.
3. For discussion of a matter required to be kept confidential by federal or state
law, rule, or regulation - Section 24-6-402(4}(c}, C.RS.
4. For discussion of specialized details of security arrangements or investigations
Section 24-6-402(4}(d}, C.RS.
5. For the purpose of determining positions relative to matters that may be
subject to negotiations, developing strategy for negotiations, and/or instructing
negotiators - Section 24-6-402(4}(e}, C.RS.
6. For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not
involving: any specific employees who have requested discussion of the matter
in open session; any member of the Town Board; the appointment of any person
to fill an office of the Town Board; or personnel policies that do not require
discussion of matters personal to particular employees.
7. For consideration of any documents protected by the mandatory non-
disclosure provision of the Colorado Open Records Act - Section 24-6-402(4}(g},
C.RS.
2
Electronic Recording.
A record of the actual contents of the discussion during an executive session shall be
made by electronic recording. If electronic recording equipment is not available or
malfunctions, written minutes of the executive session shall be taken and kept by the
Town Clerk, if present, or if not present, by the Mayor.
The electronic recording or minutes, if any, of the executive session must state the
specific statutory provision authorizing the executive session. The electronic recording
or minutes, if any, of the executive session shall be kept by the Town Clerk unless the
Town Clerk was the subject of the executive session or did not participate in the
executive session, in which event, the record of the executive session shall be
maintained by the Mayor. If written minutes of the executive session are kept, the
Mayor shall attest in writing that the written minutes substantially reflect the substance
of the discussion during the executive session and such minutes shall be approved by
the Board at a subsequent executive session.
If, in the opinion of the attorney who is representing the Board, and who is
present at the executive session, "all or a portion" of the discussion constitutes
attorney-client privileged communications:
1. No record shall be kept of this part of the discussion.
2. If written minutes are taken, the minutes shall contain a signed statement from
the attorney attesting that the unrecorded portion of the executive session
constituted, in the attorney's opinion, privileged attorney-client communications.
The minutes must also include a signed statement from the Mayor attesting that
the discussion in the unrecorded portion of the session was confined to the topic
or topics for which the executive session is authorized pursuant to the Open
Meetings Law.
Executive Session Motion Format.
Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of
the statutory provision authorizing the executive session.
THEREFORE, I MOVE TO GO INTO EXECUTIVE SESSION:
For a conference with the Town Attorney for the purpose of receiving legal
advice on specific legal questions under C.RS. Section 24-6-402(4)(b) –
Litigation.
For the purpose of determining positions relative to matters that may be subject
to negotiations, developing strategy for negotiations, and/or instructing
negotiators under C.RS. Section 24-6-402(4)(e) - Cornerstone Engineering.
3
To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or
other property interest under C.RS. Section 24-6-402(4)(a).
For discussion of a personnel matter - Section 24-6-402(4)(f), C.RS. and not
involving: any specific employees who have requested discussion of the matter
in open session; any member of the Town Board (or body); the appointment of
any person to fill an office of the Town Board (or body); or personnel policies
that do not require discussion of matters personal to particular employees.
For discussion of a matter required to be kept confidential by the following
federal or state law, rule or regulation: under C.RS. Section 246-402(4)(c).
X For discussion of specialized details of security arrangements or investigations
under C.RS. Section 24-6-402(4)(d).
For consideration of documents protected by the mandatory nondisclosure
provisions of the Open Records Act under C.RS. Section 24-6-402(4)(g).
AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR
IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the
details): .
The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum
present.
Retention of Electronic Recording or Minutes.
Pursuant to Section 24-6-402(2)(d.5)(II)(E) C.RS., the Town Clerk shall retain the
electronic recording or minutes for ninety (90) days. Following the ninety (90) day
period, the recording or the minutes shall be destroyed unless during the ninety (90) day
period a request for inspection of the record has been made pursuant to Section 24-
72204(5.5) C.RS.
If written minutes are taken for an executive session, the minutes shall be approved
and/or amended at the next executive session of the Town Board. In the event that the
next executive session occurs more than ninety (90) days after the executive session,
the minutes shall be maintained until they are approved and/or amended at the next
executive session and then immediately destroyed.
4
ANNOUNCEMENT
ANNOUNCEMENT SHALL BE MADE BY THE MAYOR AT THE BEGINNING OF THE
EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED
ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO
ADVISED BY THE TOWN ATTORNEY.
It is Tuesday, May 13, 2014 , and the time is (state the time) p.m.
For the Record, I am Bill Pinkham , the Mayor (or Mayor ProTern) of the
Board of Trustees. As required by the Open Meetings Law, this executive
session is being electronically recorded.
Also present at this executive session are the following person(s): Mayor Pro Tern
Koenig. Trustees. John Ericson, Bob Holcomb. Ward Nelson Ron Norris. and John
Phipps; and Town Administrator Lancaster, Town Attorney White, Town Clerk Williamson,
and Commander Rose.
This is an executive session for the following purpose of:
For discussion of specialized details of security arrangements under C.RS.
Section 24-6-402(4)(d).
I caution each participant to confine all discussion to the stated purpose of the executive
session, and that no formal action may occur in the executive session.
If at any point in the executive session any participant believes that the discussion is
outside of the proper scope of the executive session, please interrupt the discussion
and make an objection.
The close of the executive session is in the Mayor's discretion and does not require a
motion for adjournment of the executive session.
The Mayor shall close the executive session by stating the time and return to the open
meeting.
After the return to the open session, the Mayor shall state that the Town Board is in
open session and whether or not any formal action and/or discussion shall be taken by
the Town Board.