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HomeMy WebLinkAboutPACKET Town Board 1993-04-27RF ''' 1 , BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, April 27, 1993 7:30 P.M. AGENDA PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. Swearing-In Ceremony for Susan L. Doylen, Trustee. CONSENT CALENDAR: 1. Town Board minutes dated April 13, 1993. 2. Bills. 3. Committee Minutes: A. Public Works, April 15, 1993. B. Special Events, April 21, 1993. C. Administrative Committee, April 26, 1993. D. Planning Commission, April 20, 1993 (acknowledgement only). 4. Liquor License Renewals: A. International Leisure Ent., Inc., dba GOLDEN EAGLE RESORT, Hotel & Restaurant License, 300 Riverside Dr. B. Surrey Restaurant, Inc., dba LA CASA DEL ESTORITO, Hotel & Restaurant License, 222 E. Elkhorn Ave., includes Extended Hours. C. Village Pizza, Beer & Wine License, 543 Big Thompson Ave., includes Extended Hours. D. Estes Cantina, Inc., dba ED'S CANTINA, Hotel & Restaurant License, 362 E. Elkhorn Ave., includes Extended Hours. E. Sgt. Pepperwood's, Beer & Wine License, 101 W. Elkhorn Ave., Suite F. ACTION ITEMS: 1. Public Works Committee, April 15, 1993: A. Public Restroom Cleaning Contract - Approval of Contract Adjustment. B. Curbing Machine - Approval of expenditure. C. 1993 Waterline Project - Presentation of bids. D. 1993 Street Improvement Program - Presentation of bids. 2. Special Events Committee, April 21, 1993: A. 1993 Christmas Parade Agreement with Connie Boschen - Approval of expenditure. B. Darn Thirsty Cowboys Agreement - Approval. C. Standard Agreements: 1 1. Colorado Holstein Association, July 12-17, 1993. 2. Rocky Mountain Miniature Horse Club, June 23-27, 1993. 3. Colorado Arabian Horse Show, June 29-July 5, 1993. 3. Administrative Committee, April 26, 1993: A. Stanley Park Eminent Domain - Approval to initiate Eminent Domain Proceedings and expenditure. B. Investment Policy - Adoption. C. 4. Intergovernmental Agreement with the Highway Planning Committee - Approval. 5. Planning Commission: A. Public Hearing - Pine Knoll Addition, 3.06 Acres, Martin and Benjamin Jelsema/Applicant: 1. Annexation Ordinance. 1 2. Zoning Ordinance - E-Estate. B. Public Hearing - Amended Plat of Lots 4, 5, 22 and 23, Block 8, Country Club Manor Addition, William, Mary June and Edward W. Myers/Applicant. C. Public Hearing - Boundary Adjustment of Lot 40 and East 90' of Lot 41, Grand Estates Subdivision, Mae A. Tiley/Applicant. D. Public Hearing - Amended Plat Of Lot 1, Canaiy Subdivision, 1638-1642 Big Thompson Ave., Lou Canaiy/Applicant. E. Public Hearing - Special Review #93-2 Aspen Lodge Horse- Drawn Carriage Rides. F. Declare vacancy on Planning Commission due to residency requirement (Larry Wexler). 6. Public Hearing - Estes Park Housing Authority: A. Acknowledge Petition. B. Findings - Resolution. C. Approval - Certificate of the Establishment of the Estes Park Housing Authority. 7. Town Administrator's Report - None. 8. Motion to enter Executive Session to consult with the Town Attorney for the purpose of receiving legal advice on a specific legal question. NOTE: Due to scheduling conflicts, the Board of Trustees will meet June 29, 1993 in lieu of June 22, 1993. 2 ./ Town Board Agenda - April 27, 1993 The Administrative Committee meets on Monday, April 26th; Minutes and subsequent Action Items will be available Tuesday evening. Action Item No. 1.C. - IGA WITH THE HIGHWAY PLANNING COMMITTEE - If this item has been completed, Public Works Director Linnane will present the Agreement Tuesday evening. Eofult of &-SteS ~lark, Larimer County, colorado, AP:i.1 . 1.3 , . . , , . . .., 19.. , , . , 93 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 13 th day of ... ... 'April' ' ....., A. D. 19..93 at regular meeting hour. Meeting called to order by Mayor .... H. Bernerd Dannels Present: Mayor H.B. Dannels Trustees: George J. Hix, Mayor ProTem Robert L. Dekker, Stephen W. Gillette, David Habecker Also Present: Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney 4%*6¥ Vickie O'Connor, Town Clerk Absent: Norbert L. Aldrich, Trustee Mayor Dannels called the meeting to order at 7:31 P.M. PUBLIC INPUT. There was no public comment. CONSENT CALENDAR: 1. Town Board minutes dated March 23, 1993. 2. Bills. 3. Committee Minutes: A. Public Works, March 25, 1993. B. Community Development, April 1, 1993. C. Light and Power, April 8, 1993. D. Board of Adjustment, April 7, 1993 (acknowledgement only). 4. Liquor License Renewals: A. Winterhawk Enterprises, Inc., dba THE ANTLERS FINE FOOD AND DRINK, Tavern License, 1690 Big Thompson Ave., includes Extended Hours. B. Spur Sixty-Six Liquor, Retail Liquor Store License, National Park Village South. C. Big Horn Cafe, Inc., dba BIG HORN CAFE, Beer & Wine License, 401 W. Elkhorn Ave. D. LAB Properties, Inc., dba OLD GASLIGHT PUB, Hotel & Restaurant License, 246 Moraine Ave. E. Resolution 011-93 - Establishing public hearing date of May 11, 1993 for New Beer and Wine Liquor License Application filed by R. Monte Smith and Barbara Stewart Smith, dba RENDEZVOUS CAFE, 509 Big Thompson Ave. F. Resolution 012-93 - Establishing public hearing date of May 11, 1993 for New Hotel & Restaurant Liquor License Application filed by Black Canyon Restaurant, Inc., dba BLACK CANYON INN, 800 MacGregor Ave. 5. Set public hearing date of April 27, 1993 to consider Board of Trustees - April 13, 1993 - Page 2 petition to create a Housing Authority. It was moved and seconded (Hix/Habecker) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Public Works Committee, March 25, 1993: A. Water Rate Study and Financial Plan - Acceptance of Proposal. Director Linnane briefed the Trustees on a proposal submitted by Black Veatch to perform said study and plan. It was moved and seconded (Habecker/Gillette) the proposal as submitted be accepted, not-to-exceed $21,000, and it passed unanimously. i B. Street/Water Department Equipment Purchases. The Public Works Committee recommended approval of the following equipment: Tire Balancer/$4,416, Museum Roof/$4,980, v Chamber of Commerce Roof/$6,765, Asphalt Paver/$5,700, 1- A. 1 Ton Truck & Flatbed/$18,955.05, SCADA Equipment/$6,327.88, and Street Sweeper/$113,950. Pursuant to "add-ons" for rubber coating the duct work and a pre-air cleaner, the total cost for the street sweeper is now $116,640 (budgeted $120,000). Town Attorney White reported that pursuant to Amendment 1, three (3) options were available for the purchase of the sweeper: 1) cash, 2) lease/purchase, setting aside the full purchase price in reserve, and 3) an annual appropriation in the budget. Staff is recommending Option 3 be approved obligating the Town to make yearly payments which will include a yearly renewal by the Town Board. It was moved and seconded (Habecker/Gillette) staff be authorized to purchase the equipment as identified above to include Option #3 concerning the Street Sweeper, and it passed unanimously. C. Childrens Center Proiect - Close-Out. Town Administrator Klaphake briefed the Trustees on the completion of the building project for the Childrens Center. The original budget was overrun by 2% ($5,098.90) due to unexpected complications concerning natural gas service and sanitation fees. Attorney White outlined the relationship of the Town and School District for this project which was fully addressed in the Ground Lease, Intergovernmental Agreement to build the center, and Operating Agreement whereby the School will operate the Center and be responsible for all maintenance and operating costs. Attorney White read a Resolution determining that the Childrens Center has been completed and accepted by the Town and all costs of construction have been paid. It was moved and seconded (Hix/Habecker) Resolution #13-93 be adopted, and it passed unanimously. The Board of Trustees applauded the efforts of Special Projects Manager Joseph and Polly Garrett for their participation and accomplishments on this project. A Grand Opening celebration will take place April 16, 1993, 1:00 - 3:00 P.M. 2. Community Development Committee, April 1, 1993: A. Conference Transportation Services - Acceptance Of proposals. The Committee recommended approval of two proposals to provide transportation services for seven (7) conferences: Estes Park Trolley/$2,320 and Charles Tour & Travel/$9,584. It was moved and seconded (Dekker/Hix) both proposals be accepted, and it passed unanimously. 3. Light & Power Committee, April 8, 1993: A. Cable Television Franchise - Authorization to Begin Board of Trustees - April 13, 1993 - Page 3 Negotiations. Ass't. Administrator Widmer has concluded his research on the cable television permit agreement as reported during the Committee and is requesting approval for staff to begin negotiations with Cable Systems, Inc. (CSI) for a new Franchise Agreement. Pursuant to the Committee's recommendation, public access and emergency override capability will be included in the negotiations. It was moved and seconded (Dekker/Hix) staff be authorized to proceed with negotiations, and it passed unanimously. Staff noted that this project is on-schedule, and Ass't. Administrator Widmer was commended for the thorough report. 4. Mutual Assistance Aareement with Pinewood Sorinas Fire Protection District - Approval. Ass't. Administrator Widmer presented an updated Agreement with Pinewood Springs which will replace the existing agreement which was executed September 30, 1986. The Agreement was prepared by Town Attorney White and reviewed and approved by Fire Chief Rumley. It was moved and seconded (Hix/Dekker) the Mutual Assistance Agreement with the Pinewood Springs Fire Protection District be approved, and it passed unanimously. 5. Pine Knoll Annexation. It was moved and seconded (Hix/Gillette) said Annexation and Zoning Ordinance be continued to April 27, 1993, and it passed unanimously. 6. A. Stanley Historic District Street - Acceptance of Deeds. B. Town Attorney White presented two (2) deeds which allow p construction of the Stanley Historic District Roadway: (1) Stanley Manor House, Ltd./Frank J. Normali, General Partner, and (2) FHK Company/Brooks Findley, Sr., General Partner. The Stanley Deed has been executed by the owner, and the Town has been assured that FHK will also execute their deed. It was moved and seconded (Dekker/Habecker) the Town accept the Deeds of Dedication, authorizing the Mayor to execute same, and it passed unanimously. 7. Lease Aareement and Ordinance #3-93/Lee Kemver. dba SURREY RESTAURANT. INC.. The Board of Trustees approved Special Review #92-3 April 28, 1992 for Lot 6, Town of Estes Park, Second Amended Plat for certain riverwalk improvements including the lease of an outdoor eating/seating area for i the Surrey Deli. Attorney White prepared a five-year lease plus ordinance for consideration. Administrator Klaphake reported that although requested by the owner, liquor service for the outdoor area has been refused. Town 1 Attorney White read the ordinance in full, whereby it was moved and seconded (Habecker/Hix) the Lease and Ordinance be approved, and it passed unanimously. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 3-93 and published according to law. 8. Resolution #14-93 - Setting Show Cause Hearing for Covote Moon Nightclub. Town Attorney White read a resolution setting May 11, 1993 as the Show Cause Hearing for the Coyote Moon Nightclub, and it was moved and seconded (Dekker/Habecker) Resolution #14-93 be approved, and it passed unanimously. 9.A. Acceptance of Trustee Resignation. Mayor Dannels read a Letter of Resignation dated April 1, 1993 submitted by David Barker, Trustee; the resignation was effective immediately. It was moved and seconded (Hix/Habecker) the resignation be accepted with regret. The Trustees commended Mr. Barker for his dedicated service to the community. B. Nomination to Fill Trustee Vacancv. Mayor Dannels nominated Susan L. Doylen to complete David Barker's 4-year Board of Trustees - April 13, 1993 - Page 4 term, expiring in April, 1994. It was moved and seconded (Hix/Habecker) Susan L. Doylen be appointed to fill the vacancy, and she will replace Mr. Barker as a member of the Board of Adjustment, Community· Development Committee and Public Works Committee; a swearing-in ceremony will be conducted April 27, 1993. The Trustees welcomed Ms. Doylen to the Board of Trustees. It was moved and seconded · (Hix/Habecker) Robert L. Dekker be appointed Chairman of the Community Development Committee, and it passed unanimously. Sue Doylen is currently serving on the Estes Park Planning Commission. The Town will advertise for applicants to the Commission to fill this vacancy. There being no further busidess, it was moved and seconded (Dekker/Hix) the Board enter Executive Session to discuss (1) the Stanley Historic District Contract Negotiations, and (2) unrelated potential litigation matters, and it passed unanimously. Mayor Dannels adjourned the meeting at 8:30 P.M. to Executive Session. ................. Mayor ................ Town Clerk BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee April 15, 1993 Committee: Chairman Habecker, Trustee Gillette, Appointed Trustee Doylen Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Const./Facilities Mgr. Sievers, Clerk O'Connor Absent: None Chairman Habecker called the meeting to order at 10:00 A.M. and welcomed newly-appointed Trustee Doylen. RESTROOM CLEANING CONTRACT - REOUEST FOR CONTRACT ADJUSTMENT. Director Linnane and Const. Facilities Mgr. Sievers briefed the Committee on the frequent turnover of restroom cleaning contractors, advising that the current contractor, Ace Cleaning, assumed the duties in November, 1992. Ace did not originally bid the project; they inherited the project from the previous contractor at that contractor's bid price. Conditions have improved greatly; however, due to the extensive work required to fulfill the contract (clean twice/day during the summer (5 months), and once/day for the remaining 7 months, 365 days/year) and heavy use and abuse of the public facilities (5 public restrooms), Ace has requested a contract adjustment. In a letter submitted by Ace, they reported that the current contract is $11,931.72/year, which converts to $6.63/restroom/day, and they have requested a contract adjustment to $12.42/restroom/day. Staff referred to a maintenance cost survey performed by Longmont which indicated an average maintenance cost of $0.71/sq. ft./year, and reported that a negotiated amount of $55.00/day has been accepted by Ace which results in an increase of $7,868.28/year or $5,245.53 for the remainder of 1993. Based upon the importance of clean restrooms, protection of the Town's investment, and the higher cost of an employee based upon salary, fringe benefits, etc. in lieu of the private sector, the Committee recommends approval of the contract adjustment as negotiated and identified above. PUBLIC WORKS WEEK. Director Linnane advised that May 16-22 is Public Works Week. The Budget contains $760 for the purpose of celebrating this week, and a committee of Public Works personnel have requested the Town purchase quality knit shirts in lieu of a luncheon. The $760 would be added to last year's lesser quality shirt expenditure to fund the 1993 shirt purchase. Commenting that this program instills pride in employees, distinguishes the employee as a Town representative, and displays appreciation for all workperformed by the Department, the Committee recommends approval of the budget expenditure in recognition of Public Works Week. CURBING MACHINE - REOUEST AUTHORIZATION TO PURCHASE. The budget contains $7,500 for the purchase of a curbing machine which lays down a uniform straight curb. This work was previously provided by the private sector at approximately $3.00/ft. White Star Machinery submitted a proposal in the amount of $7,170 for a Model 150 Power Curber. Life expectancy is +10 years and the machine should pay for itself in five years. The Committee recommends acceptance of the proposal in the amount of $7,170. BRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee - April 15, 1993 - Page 2 1993 WATERLINE PROJECT. Based upon a change in the Committee meeting schedule, staff requested authorization to present bids for the 1993 Waterline Project directly to the Town Board during their meeting scheduled April 27, 1993. The Committee recommends the bids be submitted as requested. 1993 STREET IMPROVEMENT PROGRAM. Staff requested authorization to present bids for the 1993 Street Improvement Program directly to the Town Board during the meeting April 27, 1993. The Committee recommends the bids be submitted as requested. REPORTS. The Committee reviewed the Customer Service Response and Monthly Water Reports for March. The Water Department will conduct its annual Water System Flushing Program for one week beginning April 19. The news media has been advised. Staff has contacted CDOT regarding the application of epoxy striping to those areas where the epoxy has worn off. CDOT advised that this work will be performed by June 1st. Staff will confirm that their spring patching project is coordinated with the striping. The Annual Clean Up Week Program was discontinued in the 1993 Budget and replaced with, a River Clean Up Program. Street Superintendent Speedlin. is coordinating efforts with the Bureau of Reclamation, Recreation District, RMNP, and private service clubs. The River Clean Up is scheduled May 8 and volunteer Town crews will assist in the cleanup. Any interested person desiring to assist in this effort is urged to contact Director Linnane or Superintendent Speedlin. Larimer County and A-1 Trash are sponsoring the Second Annual Paint Day June 12. This program allows citizens to properly and safely dispose of their latex and oil-based paint. The Committee requestdd and will receive a water quality report in May. There being no further business, Chairman Habecker adjourned the meeting at 10:48 A.M. I - /. / i Ad£2.- 4) d.-a~ Vickie O'Connor, CMC, Town Clerk I ....FOROPUBLISHINIC /0 RECORD OF PROCEEDINGS Special Events Committee April 26, 1993 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Special Events Director Scott, Special Events Coordinator Hinze, Assistant Town Administrator Widmer, Advertising Manager Marsh, Trustee Doylen, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:30 A.M. AGREEMENTS 1993 Christmas Parade Agreement: Agreement with Connie Boschen, in the amount of $10,000 in return for services as the Christmas Parade Coordinator for 1993, plus an additional amount not to exceed $2,500 (a decrease of $2,500 from last year) for support services, such as costume rentals, props, etc. Darn Thirstv Cowbovs Agreement: Agreement with Jerry Shaffer, dba Darn Thirsty Cowboys, to perform twenty-five minute sets prior to each rodeo during the Rooftop Rodeo as follows: 1:30 p.m. and 7:30 p.m. each day, July 14-16, 1993, plus performances at the Rooftop Rodeo scheduled,dances and concert, July 17th, for a total o f $2,800. Carnival Agreement -- July 14-17, 1993: Agreement with Mel's Mini Midway for operation of rides, shows, concessions, and petting zoo. Insurance coverage is provided by Mel's Mini Midway. The Town is to receive 10% of the gross receipts after state and city taxes. Standard Agreements: Colorado Holstein Association: Agreement to hold cattle shows, July 12-17, 1993. Rocky Mountain Miniature Horse Club: Agreement to hold horse shows or halter classes, June 23-27, 1993. Colorado Arabian Horse Show: Agreement to hold horse shows or halter classes, June 29-July 5, 1993. The Committee recommends approval of all Agreements, as presented. MUSIC FESTIVAL OF ESTES PARK Jo Hazlitt, Music Festival representative, requested that the dates for the series of summer concerts be included on the rack card events calendar and any other calendar prepared by the town. Hazlitt added that their organization does presently have a rack card listing their concert dates. Special Events Coordinator Hinze reported that the rack card consists primarily of off season events that are partially sponsored by Special Events. Advertising Manager Marsh stated the rack card is intended to be family oriented and market driven rather than promoter driven. Special Events Director Scott stated that if all requests of events were listed on the rack card, the cost and size would escalate. At present the rack card costs $1,000 for 40,000 cards. 4 BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Special Events Committee, April 22, 1993 - Page 2 Hinze added that the Music Festival events are included in an events calendar published by Market Reach and distributed to Front Range newspapers and radio and television stations, totaling approximately 920,000 people per exposure. A complete calendar is distributed early in the year with a follow up of monthly calendars. Trustee Doylen suggested that CACEP be contacted as a possible tie-in with the Music Festival. The Committee recommends that Special Events prepare a policy regarding the criteria for involvement in the rack card events calendar and return with a rough draft prior to discussion on the 1994 preliminary budget. REPORTS Director Scott confirmed that he submitted a report to Town Administratbr Klaphake regarding the items brought before the Committee on February 25th by Dr. Durward on behalf of the Scottish Festival. Nine flagpoles will be installed, with most of the work and materials donated by local contractors. Three of the poles will be placed on the baseball diamond, subject to Recreation District approval, and the remaining poles will be placed on the fairgrounds. Grants available to the Bureau of 'Reclamation are strictly for erosion and not recreation areas and infrastructure projects as previously reported by Dr. Durward. Cooperation with Dr. Durward's requests will continue. Director Scott reported that registered participants in scheduled summer events have increased this year. Coordinator Hinze reported the next special event is a kite fly, May 15th, at Stanley Field. That same weekend, the Art Walk and Jazz Festival will take place. There being no further business, Chairman Hix adjourned the meeting at 9:05 A.M. 71_ KUU Tina Kuehl, Deputy Town Clerk BRA'FOROPUBLISHING.0 RECORD OF PROCEEDINGS Administrative Committee April 26, 1993 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Mayor ProTem Hix, Board of Trustees Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Town Attorney White, Department Heads Linnane, O'Connor, Scott, Stamey, Swain and Vavra Absent: Mayor Dannels Mayor ProTem Hix called the meeting to order at 10:00 A.M. STANLEY PARK EMINENT DOMAIN PROCEEDING - REOUEST AUTHORIZATION TO INITIATE PROCEDURE TO CLEAR TITLE. Stanley Park was obtained in three separate parcels: F. 0. Stanley/54 acrest, Estes Park Development Co. / 17 acrest, and the Manfords/7,5 acresi. The purpose of the eminent domain proceedings is to eliminate a reversionary clause on Stanley Park which relates to future development. In a memorandum dated March 8, 1993, Town Attorney White advised that legal fees for eminent domain action will not exceed $15,000 unless there are extenuating circumstances. The appraisal, including consultation with a real estate/future interest attorney, will be approximately $3-4,000; publication and court costs will be approximately $1,000. Town Attorney White reported that Francis E. Stanley has offered to assist the Town in removing the deed restriction by contacting heirs of the F. 0. Stanley parcel. Susan Davis, Director of the Stanley Museum in Kingfield, Maine has also offered her assistance. Reimbursement for both parties would be any out-of-pocket expenses. Research has not been initiated with regard to the other two parcels. Due to lower than projected expenses, the Special Events Fund ended 1992 with $21,033 more than estimated. This fund balance could be appropriated, by resolution, for this project. The Committee recommends: (1) staff proceed with eminent domain proceedings, (2) out-of-pocket expenses be reimbursed for Francis E. Stanley and Susan Davis, (3) approval of the funding from the 1992 fund balance as identified above. PERSONNEL POLICY MANUAL REVISIONS - REVIEW. Ass 't. Administrator Widmer reviewed the Personnel Manual revisions which address ADA Requirements and the Family Medical Leave Act. Additionally, housekeeping changes, inclusion of recent additions approved by the Town Board, and a new section addressing harassment were reviewed. Town Attorney White prepared the new section on harassment and Administrator Klaphake will discuss this matter with all employees. The Committee recommends approval of all additions/revisions made to the Personnel Policy Manual as submitted. ELECTRIC AND BARBED WIRE FENCES ORDINANCE - DISCUSSION. During the March 23, 1993 Town Board meeting, this ordinance was discussed and tabled pending additional discussion and/or revision. The Committee discussed potential exceptions to such fencing which could be addressed by the Board of Adjustment, annexation (rural setting to urban setting), possibility of a new zoning designation IRA'FOR/PUBLISHING.0 RECORD OF PROCEEDINGS Administrative Committee - April 26, 1993 - Page 2 for areas more rural in nature, and allowing such fences where livestock is currently allowed--to include a grandfather clause. Lee Hartland originally requested such an ordinance be adopted and he urged the Committee to recommend approval of same. The recommendation of the Committee (not unanimous) was to direct Attorney White to redraft the ordinance to include an exception for livestock purposes, grandfather clause, plus a 5-year transition period for all existing electric and barbed wire fences. The amended ordinance will be submitted directly to the Town Board. INVESTMENT POLICY - ADOPTION. Staff submitted a suggested Investment Policy for the Town. The •J ~ policy has been reviewed by Administrator Klaphake, Finance Officer „ Vavra, and Steve Jackson/CPA. An integral part of the Policy is the safety of funds section which states in part: "... no more than 15% of the Town's total investments shall be committed to any one investment pool or institution..." Currently, the Town's invested funds total $8.5 Million. Adoption would be in keeping with the Board's Policy Agenda for 1993. The Committee commended Finance Officer Vavra for all investments made thus far, and recommends adoption of the Investment Policy as submitted. POLICY AGENDA - 1993 OUARTERLY PROGRESS REPORT. Ass't. Administrator Widmer presented and reviewed the quarterly progress report for the Board's 1993 Goals (18). Following review, Trustee Habecker noted how nine of the goals have been influenced by the passage of Amendment 1. The Committee acknowledged receipt of the report. CIRSA REPORT. Annual Loss Review. Finance Officer Vavra reported that the Town incurred claims of approximately $3,500 in 1992. Based upon CIRSA's review, the Town received an audit score of 90. Four areas for improvement were identified: incident response program, chlorine safety, seasonal employee training and electric distribution lines. When these four issues have been addressed, the Town should receive a 100% compliance audit score. The Committee expressed their pleasure in the decline of losses over the past three years. Special Event Liability. The Committee received an article from the CIRSA Newsletter which urged all municipalities to use extreme caution in permitting private parties or organizations to use municipal facilities without adequate insurance coverage. Changes in Property/Casualty Coverages. Three significant changes went into effect January 1, 1993 pertaining to P/C and Liability coverages for all CIRSA members: $5 Million limits for Errors & Omissions coverages; liability limits increased from $400,000 to $600,000/occurrence; and medical Pay limits reduced to $5,000/person and $50,000/occurrence. The Committee commended Officer Vavra for ensuring all Town policies are updated and in conformance with CIRSA. Following completion of all agenda items, it was moved and seconded (Aldrich/Habecker) the Committee enter Executive Session to discuss contract negotiations and personnel matters, and it passed unanimously. Whereupon Mayor ProTem Hix adjourned the meeting to Executive Session at 10:50 A.M. / I Al.kU-.· ~ ~06«-4.4 ) Vickie O'Connor, CMC, Town Clerk BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission April 20, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Sue Doylen, Alma Hix and Larry Wexler Attending: Chairman Sager, Commissioners Amos, Brown, Burgess, Doylen, and A. Hix Also Attending: Community Development Director Stamey, Public Works Director Linnane, Trustee/Liaison G. Hix, Clerk O'Connor Absent: Commissioner Wexler Chairman Sager called the meeting to order at 1:30 P.M. and read a portion of the Code addressing the residency requirement for Planning Commissioners. Larry Wexler is residing outside Town Limits, and therefore, his term has been terminated. Persons interested in serving on the Commission were advised to obtain an application from the Town Clerk. 1. MINUTES. Minutes of the March 16, 1993 meeting were approved as submitted. 2. SUBDIVISIONS. 2.A. Amended Plat of Lot 1. Canaiy Subdivision. 1638-1642 Big Thompson Ave.. Lou Canaiv/Applicant. Commissioner Doylen stated she would refrain from discussion and voting on this proposal. The Applicant is proposing to divide an existing lot into two (2) lots. The property is zoned C-0 and the minimum lot area for a lot fronting an arterial street is 40,000 sq. ft.; the proposed lot sizes are: Lot lA - 21,460 sq. ft. and Lot 1B - 13,991 sq. ft. Applicant's Representative Paul Kochevar reviewed the site, advising that access along the west side of the lot is gained through the existing curb cut shared with Roth's Restaurant. Mr. Canaiy confirmed that landscaping along the highway frontage was discontinued due to disregard of the area by vehicular traffic and State Highway snowplows. The Applicant confirmed that when access is gained from the western edge of the site, vehicles do cross and drive along the bike path to get to this site. The Applicant requested an exemption from the landscaping requirement, adding that a renter will be installing a free-standing sign. Discussion followed concerning public safety and how such concerns might be mitigated, and roof overhang into the easement. Community Development Director Stamey reviewed the minimum lot size for the C-O District (40,000 sq. ft.) and findings that must be found if an exception is granted. Staff expressed concern with vehicular and pedestrian conflicts, defined highway access and site utilization, and improved appearance of the property. Public testimony was offered by Louis O'Riordan. Finding that there are special circumstances or conditions affecting the property, that the exception to the minimum lot area is necessary for the preservation and enjoyment of a substantial property right of the petitioner, and that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated, or in conflict with the purposes and objectives of this title, it was moved and seconded (Brown/Amos) the Amended Plat of Lot 1, Canaiy Subdivision be favorably recommended to BRADFOROPUBLISHING.0. RECORD OF PROCEEDINGS Planning Commission - April 20, 1993 - Page 2 the Board of Trustees contingent upon the following, and it passed unanimously, with Commissioner Doylen Abstaining: 1. Provide for one defined curb cut/access to Highway 34, and align the access easement for Lot lB with this curb cut. 2. Provide for reasonable highway frontage landscaping at the northwest and northeast corner of Lot lA. Provide a landscaping plan sufficient to meet staff recommendation and submitted prior to Town Board Approval. Applicant will be required to submit an Improvement Guarantee to ensure installation of the 'Err- AD landscaping. 3. The Applicant will be required to follow the , Development Plan submittal process for any building :.2. additions or development proposal for Lots lA or , 1B. 4. A sewer line easement must be granted to serve Lot lA in the future; however, the existing sewer line need not be relocated at this time. 5. The Dedication Statement be amended as directed by the Town Attorney. 6. A waterline easement be provided as recommended by staff. 2.B. Preliminarv Plat of Lot 2. Craqs Addition. and Lot 2. Pedersen Subdivision. known as "The Promontorv'I. In 1990, the Planning Commission approved the final plat and construction drawings for The Promontory Subdivision. This plat was never filed, and since more than a year has passed, it is necessary to renew this proposal through the resubmission of the preliminary plat. Paul Kochevar, Applicant's Representative, stated that the primary difference between this proposal and the previous submittal is that two development phases are being proposed to allow the developer to develop lots as the market allows. Proposed Phase I will serve Lots 1-13 and Lot 21. A temporary cul-de-sac is being proposed at the southern end of Phase I. Phase II consists of the upper (or southern) portion of· the site. Mr. Kochevar confirmed that the Applicant concurs with all staff recommendations, the upper portion will become one (1) lot, there will be a secondary gravel road access specifically for emergency access, and Audubon Street will be paved. Discussion followed concerning wildfire hazard restrictions that were placed on the plat in 1990. It was moved and seconded (Amos/Hix) the Preliminary Plat of Lot 2, Crags Addition, and Lot 2, Pedersen Subdivision be approved contingent upon the following, and it passed unanimously: 1. All previous requirements regarding design and construction standards, utility services, and improvement guarantee are incorporated and still apply. 2. With final plat submittal, the Phase II area should be shown as one separate lot. 3. With Phase I/final plat submittal, all the open space outlots, including the southern parcel, need to be designated and reserved. I BR ADFOR/PUILISHING.0 RECORD OF PROCEEDINGS Planning Commission - April 20, 1993 - Page 3 4. Convert the temporary cul-de-sac into a permanent cul-de-sac, which would allow for a convenient turn around location. This would require a right-of-way dedication with the final plat. 5. Applicant submit a wildfire hazard report with the final plat. 3. SPECIAL REVIEW. 3.A. Special Review #93-2 Aspen Lodge Horse-Drawn Carriage Rides. Commissioner Doylen stated she would refrain from discussion and voting on this proposal. The Aspen Lodge was represented by the owners Tom and Jill Hall and Livery Supervisor Tim Resch. Applicant is requesting approval to operate horse-drawn carriage rides in downtown Estes Park. Summer and winter routes are being proposed. The summer route (May 15-September 15) would begin at the Transit Center, proceed north on MacGregor to the ByPass, then east and south to Elkhorn Ave., then west to the Transit Center. This route would be operated from 10:00 A.M. to 9:00 P.M. daily. The winter route (September 15-May 15) would circulate on a round trip from the Transit Center to West Park Center. The photograph of the carriage, a Yellowstone Touring Coach, was displayed, and 2%-3" high lettering will identify the carriage as being operated by The Aspen Lodge. The Applicant confirmed that Police Chief/Traffic Engineer Racine had reviewed the routes and did not oppose them as long as the right is reserved to modify or change them if problems occur. Rubber wheels and horseshoes will be utilized as well as a waste- catching device. The horses (2) will not be fed at the Transit Center negating the necessity for feed storage; a sealed container (off-site) will be used to receive all waste that the Applicant cannot hose-down; there will be no signage at the Transit Center; and alternate routes were researched. Alternate routes are not feasible due to the incline which is not found on Elkhorn Ave. The Commission expressed concern with the right-hand turn at the Highway 34/36 Intersection and potential for vehicular "stacking" during the summer operation. Public comments were heard from Louis O'Riordan and Chamber of Commerce Director Boschen. Director Stamey expressed concern with potential conflicts at the Transit Center and reviewed staff recommendations. Additional discussion included insurance/liability concerns, signage on the coach, and traffic conflicts at a major intersection (34/36). Based upon the Traffic Engineer's preliminary approval and the following conditions, it was moved and seconded (Brown/Burgess) Special Review #93-2 for Horse-Drawn Carriage Ridges be favorably recommended to the Board of Trustees contingent upon the following, and it passed by the following votes: Those voting "Yes" Commissioners Brown, Burgess, Hix and Sager. Those voting "No" Commissioner Amos. Those "Abstaining" Commissioner Doylen. 1. Temporary approval of the operation. The operator to provide a written report by July 15, 1993 for review by the Planning Commission July 20, 1993 to review the operating experience, problems, adjustments, and concerns. 2. If operational problems occur (e.g. traffic conflicts, use of transit center), applicant will immediately correct the problem and/or cease operation upon notification by a Town representative. BRADFORIPWILISHING.0. RECORD OF PROCEEDINGS Planning Commission - April 20, 1993 - Page 4 3. No signage is to be placed in the Transit Center. 4. Waste disposal method be identified and coordinated/approved by staff. 5. Transit Center to be managed so there are no conflicts with users. 6. Signage on the coach be no more than 3" high letters, stating only "The Aspen Lodge at Estes Park." 7. Aspen Lodge to provide adequate insurance in accordance with Town policy, naming the Town as an additional insured, if required. 8. Rubber tires and horseshoes be utilized. 4. REPORTS. 4.A. Moraine Avenue Parkina Lot. 283 Moraine Avenue. EPURA Executive Director Anderson reported that EPURA acquired the former site of Del's Drive-In on Moraine Avenue, and they are in the process of removing the structure and converbing the site into a 43-space parking lot. Immediate work will consist of patching the parking lot surface and installing sidewalk, curb and gutter along Moraine Avenue to provide for a defined curb cut. Construction plans will be submitted to the Commission that will address final design, drainage,.planting and lighting. The concrete retaining wall should be painted to cover the graffiti. There will be no time-limit parking restrictions in this lot. EPURA is suggesting the new walk be extended at the south end of the lot to match the existing walk which is 4 ft. Discussion followed concerning angled vs. vertical parking design, signage, drainage, clarification on the potential hazard of the existing rock wall, placement of bicycle racks, prohibition of recreational vehicles in the lot, and extension of the walk to meet future needs. Chairman Sager noted the Commission's appreciation for the opportunity to review the Moraine Avenue Parking Lot, suggesting EPURA review design to incorporate extension of a 6' sidewalk. 4.B. Video Presentation. Director Stamey presented a video entitled "The Economic and Environmental Benefits of Community Sign Control" prepared by Scenic America. 4.C. Commissioner Resignation. Chairman Sager read a letter of resignation submitted by Sue Doylen who was appointed to the Town Board to fill the unexpired term of Trustee Barker. The Commission accepted the resignation with regret. 4.D. Motion to enter Executive Session. It was moved and seconded (Hix/Brown) the Commission enter Executive Session to discuss Stanley Historic District Contract Negotiations, and it passed unanimously. Chairman Sager adjourned the meeting at 3:40 P.M. to Executive Session. ~Li U.£4.· (Fi G 0- k.«.2 Vickie O'Connor, CMC, Town Clerk <j ,#.Flk< TO\A/N OF ESTES PARK Police Department 1~ ¥1/-- -1-4-#. diey j <02\P/3,3.2.4 /--0.9<-- -~--Nkli~'*,A,Atf,k ti'*.1- U ' 4,14 4&- April 20, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Golden Eagle Resorts d/b/a International Inc. Hotel & Restaurant MILLER, Michael E. PULLEN, Randall L. FLOURNOY, Frank WREN, Gordon R. Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Golden Eagle Resorts. Sincerely, 1 David J. Racine Chief of Police DJR/jo 5303) 586-4466 • RO. BOX 1287 • ESTES PARK, CO 80517 • FAX (303) 586-4496 4 '-1 TOWN OF ESTES PARK 4 9<41,400* Police Department - -<3~·314.,i- 9 »*22?'.44. . € .1 1 1 2 P r -:rip:Qi,MIT<Er.lk, temf://25*E5;1%9: - 6.- V 'r Q225.f ~ 41.,6.2***i, '2 _-----,44. .c.~74 1 7 April 21, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Surrey Restaurant, Inc. d/b/a La Casa Del Estorito Hotel & Restaurant KEMPER, LEON D. KEMPER, MARY A. Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Surrey Restaurant, Inc., d/b/a La Casa Del Estorito. Sincerely, /43. ija,-/ 1~ezzz_ David J. Racine Chief of Police DJR/jo (303) 586-4466 • RO. BOX 1 287 • ESTES PARK, CO 8051 7 • FAX (303) 586-4496 4% jik\4,1 TO\A/N OF ESTES PARK Police Department - 4994.0 f ..3224 0 961• 4.9 --,1.72.--4..e ./tru.11.-V :1¢>4-3 f,/443,.f4 : 4 1,·r· 2 -1.4.·F: --9.V- A f . 4 · ' L.3 0 . K h>y.:- 2--INC©rt*>:-70:-- - -> ~44· . --I-» /.- . April 21, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: James & Deborah Gaddie d/b/a Village Pizza Beer & Wine License GADDIE, James GADDIE, Deborah Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for James & Deborah Gaddie, d/b/a Village Pizza. Sincprely, 0-4,2~ David J. Racine Chief of Police DJR/jo (303) 586-4466 • RO. BOX 1 287 • ESTES PARK, CO 8051 7 • FAX (303) 586-4496 < 10 ~.i„ . TOWN OF ESTES PARK . . 4,/ f 17 44794, N Police Department /3-99>920, A .*1214- -2*-4-e #,Fr, ympkift/- - -<tot.1«41 £~taltio?~14for=~:ifle - ..2,4~.t..24.*Eljo,~- i~ /-'I/-9/ .,MZZJINW 7 <***.,///i~' 3™41 0 e i April 14, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park - Estes Park, CO 80517 RE: Estes Cantina, Inc. d/b/a Ed's Cantina Hotel & Restaurant License GRUEFF, Ed GRUEFF, Giesela Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Estes Cantina, Inc., d/b/a Ed's Cantina. Sincerely, 0/ \ i , 4 0 /Z---b , ~-Gij-06677(ecte>vt-, David J. Racine Chief of Police DJR/ j o (303) 586-4466 • RO. BOX 1287 • ESTES PARK, CO 80517 • FAX (303) 586-4496 K.hut TOWN OF ESTES PARK i NJ 29.2. v Police Department ~2£6» 4/ 4:*: ¥ --41~• <Ney 9 - 212- ,22),ir**>i, :.3-' it*./..u.Y r~yINfir' *---.--Lf 3,1 .>r-yT <·*\13'· *,; .$ Ar,1'#· .,~ .'>1-'AV,€:i.'14.22'' ~7 .. £=L lau - f 30 April 21, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Parker, Samuel A. d/b/a Sgt. Pepperwoods Beer & Wine License PARKER, Samuel A. Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the. above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for Parker, Samuel A., d/b/a Sgt. Pepperwoods. SinRerely, f \ C 1,-11 7//-3. \LU /7 -, David J. Racine Chief of Police DJR/jo (303) 586-4466 • RO. BOX 1287 • ESTES PARK, CO 80517 • FAX (303) 586-4496 BFADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee April 15, 1993 Committee: Chairman Habecker, Trustee Gillette, Appointed Trustee Doylen Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Const./Facilities Mgr. Sievers, Clerk O'Connor Absent: None Chairman Habecker called the meeting to order at 10:00 A.M. and welcomed newly-appointed Trustee Doylen. I.A. RESTROOM CLEANING CONTRACT - REOUEST FOR CONTRACT ADJUSTMENT. Director Linnane and Const. Facilities Mgr. Sievers briefed the Committee on the frequent turnover Of restroom cleaning contractors, advising that the current contractor, Ace Cleaning, assumed the duties in November, 1992. Ace did not originally bid the project; they inherited the project from the previous contractor at that contractor's bid price. Conditions have improved greatly; however, due to the extensive work required to fulfill the contract (clean twice/day during the summer (5 months), and once/day for the remaining 7 months, 365 days/year) and heavy use and abuse of the public facilities (5 public restrooms), Ace has requested a contract adjustment. In a letter submitted by Ace, they reported that the current contract is $11,931.72/year, which converts to $6.63/restroom/day, and they have requested a contract adjustment to $12.42/restroom/day. Staff referred to a maintenance cost survey performed by Longmont which indicated an average maintenance cost of $0.71/sq. ft./year, and reported that a negotiated amount of $55.00/day has been accepted by Ace which results in an increase of $7,868.28/year or $5,245.53 for the remainder of 1993. Based upon the importance of clean restrooms, protection of the Town's investment, and the higher cost of an employee based upon salary, fringe benefits, etc. in lieu of the private sector, the Committee recommends approval of the contract adjustment as negotiated and identified above. PUBLIC WORKS WEEK. Director Lirrnant advised that May 16-22 is Public Works-•66~ The Budget contains $760.Kgr the purpose of celebraking-Ehis week, and a committee of Public--Works personnelverequested the Town purchase quality knit shirts-in~~au-af~ a luncheon. The $760 would be added to last year' s 1.gager- qaality shirt expenditure to fund the 1993 shirt purchase: Commenting-that_ this program instills pride in empls, distinguishes the ->em£loyee as a Town representative; and displays appreciation for alk performed by the Departhent, the Committee recommends approval or~~he budget expenditure in recognition of Public Works Week. CURBING MACHINE - REOUEST AUTHORIZATION TO PURCHASE. The budget contains $7,500 for the purchase of a curbing machine which lays down a uniform straight curb. This work was previously provided by the private sector at approximately $3.00/ft. White Star Machinery submitted a proposal in the amount of $7,170 for a Model 150 Power Curber. Life expectancy is +10 years and the machine should pay for itself in five years. The Committee recommends acceptance of the proposal in the amount of $7,170. V eRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee - April 15, 1993 - Page 2 1993 WATERLINE PROJECT. Based upon a change in the Committee meeting schedule, staff requested authorization to present bids for the 1993 Waterline Project directly to the Town Board during their meeting scheduled April 27, 1993. The Committee recommends the bids be submitted as requested. _11.-» 1993 STREET IMPROVEMENT PROGRAM. Staff requested authorization to present bids for the 1993 Street Improvement Program directly to the Town Board during the meeting April 27, 1993. The Committee recommends the bids be submitted as requested. REPORTS. The Committee reviewed the Customer Service Response and Monthly Water Reports for March. The Water Department will conduct its annual Water System Flushing Program for one week beginning April 19. The news media has been advised. Staff has contacted CDOT regarding the application of epoxy striping to those areas where the epoxy has worn off. CDOT advised that this work will be performed by June 1st. Staff will confirm that their spring patching project is coordinated with the striping. The Annual Clean Up Week Program was discontinued in the 1993 Budget and replaced with a River Clean Up Program. Street Superintendent Speedlin is coordinating efforts with the Bureau of Reclamation, Recreation District, RMNP, and private service clubs. The River Clean Up is scheduled May 8 and volunteer Town crews will assist in the cleanup. Any interested person desiring to assist in this effort is urged to contact Director Linnane or Superintendent Speedlin. Larimer County and A-1 Trash are sponsoring the Second Annual Paint Day June 12. This program allows citizens to properly and safely dispose of their latex and oil-based paint. The Committee requested and will receive a water quality report in May. There being no further business, Chairman Habecker adjourned the meeting at 10:48 A.M. 1 ; Le,61-/ (() . l-i,e-,V,LaA) Vickie O'Connor, CMC, Town Clerk _ . ROCKY MOUNTAIN CONSULTANTS, INC. gmc 437 South St. Vrain Estes Park, CO 80517 it- liej. Metro (303) 825-8233 (303) 586-2458 FAX (303) 825-8912 April 22, 1993 Bill Linnane Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: 1993 Water Line Loop Projects Dear Bill: Please find enclosed a Bid Tabulation for the Town of Estes Park 1993 Water Line Loop Projects. Rocky Mountain Consultants, Inc. (RMC) received bids from three contractors for the projects. BT Construction was low bidder at $113,455.00. The budget for the project is $122,000.00 leaving a contingency of 7.5%. BT Construction has proven to be a reliable contractor through past project.s per·formed for the Town of Estes Park. RMC recommends awarding t.he contract to RT Construct,ion tipon resolution of several easement acquisitions as described in the attached letter. If you have any questions, please do not hesitate to call. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Kevin P.Kielb, P.E. Civil Engineer KPK\wjk CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING r . ' TOWN OF ESTES PARK 1993 WATER LINR LOOP PROJECT BID TABULATION GOLDRNS CONSTRUCTION BT CONSTRUCTION KITCEN & COMPANY ENG..._-- PROECT WEBSTER RESUBDIVISION INTERCONNECTION 26,055.90 19,192.00 24,204.00 18,740.00 LEWISTON CONDOMINIUMS INTERCONNECTION 24,039.14 15,013.00 22,603.00* 16,050.00 BOYD LANE INTERCONNECTION 58,473.56 52,780.00 80,(67.00 51,270.00 WEST WONDERVOEW AVENUE EXTENSION 33,770.40 26,470.00 31,933.00 22,140.00 TOTAL PROJECTS COST 142,339.00 113,455.00 159,207.00* 108,200.00 * CORRECTED BASED UPON UNIT COSTS ~' TOWN of ESTES PARK Inter Office Memorandum Of- 1 3) April 22, 1993 TO: Mayor I)annels Town Board of Trp¥ees FROM: Greg Sievers 4~~ SUBJECT: 1993 Street Improvement Project Bid Acceptance Specifications for this annual program were mailed to five paving contractors. Four were returned, and a bid tabulation is attached. One contract is planned to be let to the low bidder. Bid summary is as follows: Connell $139,998.96 Western Mobile 128,750.00 Kehn 124,315.00 Coulson 123,125.00 The Public Works Department requests the Town Board to approve the low bid from Coulson Excavation of Loveland for $123,125.00. Cost breakdown is as follows: Public Works Department (various streets) $94,275.00 EPURA (Del's Drive In) 2,800.00 Stanley Park (South Parking Lot and Barn "W") 26,050.00 These items will be paid for individually by the appropriate departments. Public Works has budgeted $100,000 for their portion of this project. In addition to Coulson's paving bid, we also request to spend $5,200 with Intermountain Resurfacing to sealcoat Pioneer Lane and Holiday Lane, and $500 with In-Line Traffic Marking Company to stripe streets. Total expenditures are not-to-exceed the $100,000 budget. The EPURA and Stanley Park improvements will be completed by Memorial weekend, May 28, 1993. The Stanley Park improvements will also include storm water containment at an additional cost, not-to-exceed $3,550. Please refer to the attached memorandum from Special Events identifying budget expenditures. GS:ck Attachment . . 4 - -' t. I 1/ + -1 1 ,-/I . . W 6 - . ,- * L , 0 2 k 4 4/. 1. . - .,.10. ... , - - -. r ' 6'~ 6, ~.1 ~4•44- ' .24- *. 52 ' *-~ , g - - + r ... . .,8 . r.'.r .1, 0 - 72. 3 4 /2 , . - . 4 / , .) I . I . .. 1 v . .. t - - I MEMORANDUM ; ., 1 - 11 - . * .Y T -- *+ i .& i k- TO: 1 Greg Sievers Public Works Department ~~. , St n , 2 ·. i.. ~~' ..t . ..5 - - FROM: ; Bob Scott - ~ ~ 1 I. Special Events Department, Fairgrounds 1 . .....I 1 1 - .. 11 .3 DATE: 9 April 22, 1993 -1 ' I - . Ge :-2 - . t . . RE: Payment'for Blacktopping at Estes Park Fairgrounds 1993 Budget .·:~ J. 4 . '. ~ + -r /,2- I - f ",4 . L '" - 33"74'~5 - p .4, i.. . ~24& 1 4- 1 . . ' 2 'Manford Parking Lot~ --,~- i;74:<-i*.. 1 C....t .7 , - . - ... ..... /rkr }3 E- . M ...ft + , .41 ~-%~ , 1993 Capital - Approved Budget ., , i .. . ././ 2 ' - f AMOUtfr NOT .TO EXCEED.-&-, '$15,000 i.i ~··J;6 , .t .. /1 , I , + . ¥ 4. r . * -4 - - . 1. ... A ·Barn W - ../ 4 - . tE 1 ~ ·1 1.4 . - - The following individual event budgets have been »1 4 4 "reduced to pay for theblacktopping. - £94 . I ..4 - .1 4,1 .....t/ I , 2 J 4- ,=7 ¥ , . 4 AMOUNT NOT TO EXCEED $14,600 . IiI ' . 41. ...... - .4... 1 - Rooftop Rodeo 3 $2,925 . 4 . Christmas Parade . 800 - Town Shop 1,733 ta- Special Events & Rodeo . Committee Travel Expenses 5,400 Arabian Horse Show ·1 1 · ..200 Hunter-Jumper Show '1 1 U. 500 Wool Market ~ - '500 - Other Events .34: -1,100 .. 6 Misc Capital Savings 1,442 TOTAL 1993 Blacktopping Expenses $ 29,600 t. .. , . , k. Special Events Department would prefer hot to spend- the = total of '$29,600 if not necessary, in order lo reappropriate - the funds back into Special Events operating fund. I e.~ I, I This expense is to include the preparation, blacktopping, and completion of project. 0 -1 1 , 11" - , : 74474 /. 4 J 2 - .' . 111&252*yfiffili/4.4 .1- 1 --'· '# :.1 ··- : 1 ¢ A ........ 10 4 -i-e·,4649fs,rt:t~Iftt-927929,-_f.~_,--__.._1_ 1,'*1: rd. .. ............ 7 1. "i"'.I.'..,"1:tz=' 1-j.'irp~ .L..ZZI:L•·u-2L_t. Ii ;=47 1. -7.1 4 .. I - , ' 1 t~-1; fir:·71 ..: 1 1 . 1\ ~< i l ae.~~LZ~*.4, -:;JFI~r-tif~B :1"It, 3>· --.., 46,1 \21 1.1 n -0 4 --- -9 "-\0•0- - 1--·-1.-11£~~116-- #-)-0.% . -/ 1 I ~ »h 0~r«432-~r~~~~ ~~i ·449: 4-.2425]6:{-12,»~~ t~ -- , 1 [ - -p---491>·r .Xue<2 ./ * 1- , i 3.' . 25,..... - 1-1 1-4 , r'~1-R· ''·/.th.2 \, -- 1--1 1 - -1,-- - . " I ..1 -. E 7,,I lt V<~fLrl...i,4.Eb.624,<,~5 .6.,1862ir· 14 ·· ·=C .. *Fitt,~ 94 ~11.:3.- : U /7 --1 -n_l. \ ' I ...:2114-1 - :....1, , r .-1,; 11-77: N. U i , = 1 , =r.... 400 -4 ... Vt- A-5- 64/..../ li .... i .,0...re i.f' . · . Ii. - fis. ......... .1 - , JAJ 4 " 11-r .:4'JP<.4.., py, 14. 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RECORD OF PROCEEDINGS Special Events Committee April 26, 1993 Committee: Chairman Hix, Trustees Habecker and Gillette Attending: All Also Attending: Special Events Director Scott, Special Events Coordinator Hinze, Assistant Town Administrator Widmer, Advertising Manager Marsh, Trustee Doylen, Deputy Clerk Kuehl Absent: None Chairman Hix called the meeting to order at 8:30 A.M. AGREEMENTS 1993 Christmas Parade Agreement: Agreement with Connie Boschen, in 2.A. -3,- Parade Coordinator for 1993, plus an additional amount not to the amount of $10,000 in return for services as the Christmas -------1 exceed $2,500 (a decrease of $2,500 from last year) for support services, such as costume rentals, props, etc. , Darn Thirsty Cowboys Agreement: Agreement with Jerry Shaffer, dba each rodeo during the Rooftop Rodeo as follows: 1:30 p.m. and 7:30 Darn Thirsty Cowboys, to perform twenty-five minute sets prior to - ~ p.m. each day, July 14-16, 1993, plus performances at the Rooftop Rodeo scheduled dances and concert, July - 17th, for a total of $2,800. ~~arnival Agreement -- July 14-17. 1993: Agreement with Mel' s Mini / Midway for operation of rides, shows, concessions, and petting zoo. Insurance coverage is provided by Mel's Mini Midway. The Town is to receive 10% of the gross receipts after state and city taxes. | Standard Agreements: Colorado Holstein Association: Agreement to hold cattle shows, July 12-17, 1993. Rocky Mountain Miniature Horse Club: Agreement to hold horse shows or halter classes, June 23-27, 1993. Colorado Arabian Horse Show: Agreement to hold horse shows or halter classes, June 29-July 5, 1993. ~ The Committee recommends approval of all Agreements, as presented. MUSIC FESTIVAL OF ESTES PARK Jo Hazlitt, Music Festival representative, requested that the dates for the series of summer concerts be included on the rack card events calendar and any other calendar prepared by the town. Hazlitt added that their organization does presently have a rack card listing their concert dates. Special Events Coordinator Hinze reported that the rack card consists primarily of off season events that are partially sponsored by Special Events. Advertising Manager Marsh stated the rack card is intended to be family oriented and market driven rather than promoter driven. Special Events Director Scott stated that if all requests of events were listed on the rack card, the cost and size would escalate. At present the rack card costs $1,000 for 40,000 cards. . March 26, 1993 LETTER OF UNDERSTANDING The following shall serve as the understanding between the Town of Estes Park, hereafter referred to as "Town", and Connie Boschen d/b/a Connie's Cartoons, hereafter referred to as "Coordinator", regarding coordination of the 1993 Christmas Parade, hereaf ter re f erred to as "the Parade" or "the Event" . 1. The Town will pay $10,000 to Coordinator in return for services as Christmas Parade Coordinator for 1993. 2. It is understood that the services to be rendered by Coordinator include coordinating the efforts of the various ' entitles and individuals; administering the contracting for services, equipment and personnel; submitting invoices for same; planning the general character and presentation of the Parade; directing the general character and presentation of the Parade; directing its formation; and causing it to be presented at the appointed time. The appointed time is agreed to be approximately dusk on the evening of Friday, November 26, 1993. Coordinator shall not be responsible for acts of God and conditions beyond the control of Coordinator, which may delay, postpone or cause cancellation of the Parade. 3. Town agrees that Coordinator shall have option to coordinate Christmas Parades, or such similar activities and celebrations as may replace the Christmas Parade, in 1994 and 1995, subject to the Town and Coordinator agreeing on the terms and conditions of the coordination of those events. 4. It is understood that the proposed budget to be submitted by the Coordinator on or about June 1, 1993, will be tentative in nature, and that amounts associated with specific line items may be substantially adj.usted.' However, the Coordinator will not contract for rentals, materials, or services in amounts totalling mere than $2,500, without the express written authorization of Town. The $2,500 is in addition to and separate from the above- referenced $10,000 for service. 5. It is understood and agreed that the $2,500 budget is essentially for items associated with mounting of the Parade. This includes such items as lights, generators, sound systems, stages, decorations, sanitary equipment, decorations for street and stages, and rental of costumes and props. It is understood and agreed the $2,500 is insufficient to provide for the construction and presentation of floats and characters associated with the Parade. Coordinator will attempt to obtain "sponsorships" of floats, characters and combinations thereof, by soliciting funds from merchants, lodging establishments, and other business people and organizations. Funds raised by Coordinatot in the form of sponsorships shall first be used to create and construct sponsored floats and/or characters; and secondly to compensate Coordinator for creative services, obtaining of materials, and for labor involved· in the construction of the sponsored floats and/or characters. -· Any and all agreements between the Coordinator and sponsor shalI be solely by those parties and should not in any manner involvedl·-L· ' -- the Town. 6. ·It is understood and agreed that the size, extent and character of the Parade is contingent upon and subject to the Z.- level of success Coordinator may or may not achieve in obtaining : sponsorships, and no warranties or guarantees are made or implied by Coordinator regarding the level of success that coordinator may eventually achieve in attempting to obtain such sponsorships. Coordinator agrees to use best efforts to obtain sponsorships and thereby to maximize the size and extent of the Parade. Town agrees to use best efforts to assist Coordinator. 7. It is understood and agreed that Coordinator shall own the salvageable portions of the floats and characters, whether in whole or in part, as well as the creative design of the floats and characters, and sponsorship rights to any floats or characters shall be limited to this year's Parade. However, to the greatest extent possible and financially feasible, sponsors shall have the option of sponsoring the same floats and characters in succussive years at costs similar to 1993 and/or adjusted at levels consistent with cost of living indexes. 8. It is understood and agreed by the parties hereto that the Coordinator is an independent contractor. This letter of understanding shall not be construed as establishing the relationship of employer/employee, joint-venture, partnership, or any other like legal entity, with regard to the relationship between the Town and Coordinator. 9. It is understood and agreed that the Town shall be responsible for obtaining liability insurance of the Parade and that said insurance shall provide protection to Coordinator and the employees and/or agents of Coordinator in the amount of · $150,000 per individual and $600,000 per occurrence. 10. It is understood and agreed that the Town shall also be responsible for the following: a. All advertising and promotion as previously planned in the 1993 Town approved budget; b. Postage and copying costs of Coordinator relating to coordinating the event; c. Personnel to drive floats and other vehicles associated with the Parade or its presentation; and construction and transportation of stages, stands, and/or related structures; d. Supervisory personnel and facilities for parking; e. A convenient storage area for equipment, costumes, characters and other materials related to the event. As an indication of agreement and understanding of the above, the Parties have signed as follows: TOWN OF ESTES PARK· By: Mayor ATTEST: Town Clerk Connie Boschen Connie's Cartoons Ootzied_JEBe;60 Pli - Connie Boschen eRADFOROPUBLISH INGCO RECORD OF PROCEEDINGS Administrative Committee April 26, 1923 Committee of the Whole: Mayor H. B. Dannels, Chairman Board of Trustees Attending: Mayor ProTem Hix, Board of Trustees Also Attending: Town Administrator Klaphake, Ass't. Administrator Widmer, Town Attorney White, Department Heads Linnane, O'Connor, Scott, Stamey, Swain and Vavra Absent: Mayor Dannels Mayor ProTem Hix called the meeting to order at 10:00 A.M. STANLEY PARK EMINENT DOMAIN PROCEEDING - REOUEST AUTHORIZATION TO 2.40 3> INITIATE PROCEDURE TO CLEAR TITLE. Stanley Park was obtained in three separate parcels: F. 0. Stanley/ 54 acrest, Estes Park Development Co. / 17 acrest, and the Manfords/7,5 acrest. The purpose of the eminent domain proceedings is to eliminate a reversionary clause on Stanley Park which relates to future development. In a memorandum dated March 8, 1993, Town Attorney White advised that legal fees for eminent domain action will not exceed $15, 000 unless there are extenuating circumstances. The appraisal, including consultation with a real estate/future interest attorney, will be approximately $3-4,000; publication and court costs will be approximately $1,000. Town Attorney White reported that Francis E. Stanley has offered to assist the Town in removing the deed restriction by contacting heirs of the F. 0. Stanley parcel. Susan Davis, Director of the Stanley Museum in Kingfield, Maine has also offered·her assistance. Reimbursement for both parties would be any out-of-pocket expenses. Research has not been initiated with regard to the other two parcels. Due to lower than projected expenses, the Special Events Fund ended 1992 with $21,033 more than estimated. This fund balance could be appropriated, by resolution, for this project. The Committee recommends: (1) staff proceed with eminent domain proceedings, (2) out-of-pocket expenses be reimbursed for Francis E. Stanley and Susan Davis, (3) approval of the funding from the 1992 fund balance as identified above. INVESTMENT POLICY - ADOPTION. 3 4. 31= Staff submitted a suggested Investment Policy for the Town. The policy has been reviewed by Administrator Klaphake, Finance Officer Vavra, and Steve Jackson/CPA. An integral part of the Policy is the safety of funds section which states in part: " ... no more than 15% of the Town's total investments shall be committed to any one investment pool or institution..." Currently, the Town's invested funds total $8.5 Million. Adoption would be in keeping with the Board's Policy Agenda for 1993. The Committee commended Finance Officer Vavra for all investments made thus far, and recommends adoption of the Investment Policy as submitted. INTERGOVERNMENTAL AGREEMENT UPPER FRONT RANGE TRANSPORTATION PLANNING REGION THIS AGREEMENT, made this 7th day of April, 1993 by and among the following: i 1.' County of Larimer, Board of County commissioners 3 2. County of Weld, Board of County Commissioners. 3. County of Morgan, Board of County Commissioners WHEREAS, the parties to this agreement have the authority pursuant to Article XIV, Section 18 of the Colorado constitution and Section 29-1-201, et. seq.,Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually, and; WHEREAS, Section 43-1-1101 C.R.S. recognizes Regional Planning Commissions as the proper forum for transportation planning, and; WHEREAS, Section 43-1-1102(5) C.R.S. requires that Regional Planning Commissions formed for the purpose of transportation planning must be formed pursuant to Section 30-28-105 C.R.S., and; WHEREAS, the parties to this Agreement desire to cooperate in developing a long range Regional Transportation Plan, the purpose of which is to identify the mobility needs of the Upper Front Range Transportation Planning Region, and prepare a plan for addressing the needs, and; . WHEREAS, Section 43-1-1103 C.R.S. requires that any Regional Planning Commission formed for the purpose of transportation planning is responsible for transportation planning for said region, and; - WHEREAS, the Upper Front Range Transportation Planning Region consisting of the areas within the counties of Morgan, Weld and Larimer was designated in the Rules for the Statewide Transportation Planning Process as adopted by the Transportation Commission of ' Colorado and effective October 30, 1992, and; WHEREAS, the parties to this agreement are governing bodies or officials having charge of public improvements within their jurisdictions in the Upper Front Range Transportation Planning Region, and; WHEREAS, the parties to this agreement recognize that funds available through state or federal sources may not be adequate to support the planning effort required in the Upper Front Range Transportation Planning Region. Intergovernmental Agreement Upper Front Range Regional Planning Region ' Page 2 NOW THEREFORE, the parties hereby mutually agree as follows: 1. Designation of Regional Planning Commission. The parties to this agreement shall have one representative each on the Regional Planning Commission for the Upper Front Range Transportation Planning Region. 2. Responsibilities of the Regional Planning Commission. The Regional Planning Commission shall be responsible for creating, amending (as necessary) and updating a Regional Transportation Plan pursuant to all applicable federal and state lawk; and rules or regulations including public participation provisions, selecting a representative to the Transportation Advisory Committee, and participating in the State Transportation Improvement Program development process. 3. Contracting. The Regional Planning Commission may, with the consent of the parties to this Agreement, contract the services of other eligible individuals or entities to carry out all or any portion of the responsibility assumed by the Regional Planning Commission under this Agreement. 4. Distribution of state or federal funds. The Regional Planning Commission may, through contracts or Memoranda of Agreement, receive and expend state or federal funds designated for regional transportation planning. 5. Terms of Agreement. This Agreement shall remain in full force and effect for so long as the parties to this Agreement consider it necessary to complete a Regional Transportation Plan for the Upper Front Range Transportation Planning Region or for periodic updates or amendments as may be required. Any party to this Agreement may, however, terminate its participation in this Agreement six months after providing written notice of such termination to the other parties of this Agreement. This Agreement may be terminated at any time by agreement of all parties to this Agreement unless a grant contract is in effect with the State. In this case, the State must approve such termination and arrangements for completing the project. 6. Modification and Changes. The terms of this Agreement may be modified at any time by Agreement of all parties to this Agreement. 1 ip.' I , Intergovernmental Agreement Upper Front Range Regional Planning Region Page 3 7. Additional funds. Funds as needed to supplement funds available through state or federal sources will be made available from each of the three Counties with 40% to come from Larimer County, 40% from Weld County and 20% from Morgan County, provided however that the financial obligations of Larimer, Weld and Morgan Counties are subject to adequate funds being budgeted, appropriated and otherwise made available. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. / cotir¥lyfr W. Nfotchkiss,Chair th \ C Lari#er County 44 VY ATTEST: 3oar4 of County Commissionersu Al.AAN_ E Acc~ ~ , Aderk ~1*114111-*fit~li.;,gij- ATTEST: 44 914 - Board of County Commissioners Constance L. ·Harbert, Chair Weld County ~1011, A jujunit- Clerlyl Cynthija Erker, Chair 4~» gte» Morgan County ATTEST: Board of County Commissioners JA d . %- r,ti Clerk ~ U DATE: (1~2 51 , \Cl q 3 APPROVED kS TO FORM: ,¥igo k-4,1.-- Assistant County Attorney L L arive,•< &19 RCV BY:XEROX TELECOPIER 7010 ; 4-23-93 4:34PM :LARIMER COUNTY 218 W-4 3035866909;# 1 FROM:PUBLIC WORKS TO: 3035866909 APR 23, 1993 3:44PM #351 P.01 ADDENDUM To INTERGOVERNMENTAL AGREEMENT UPPER FRONT RANGE TRANSPORTATION PLANNING REGION This Addendum is made by and among Larimer County, Weld County, and Morgan County (Existing Participants) and the Town of Town of Estes Park (New Participant) effective May 5, 1993. WHEREAS, on April 7, 1993, Larimer County, Weld County and Morgan County entered into an Intergovernmental Agreement for the purpose of forming a Regional Planning Commission for the Upper Front Range Transportation Planning Region as authorized by C.R.S. 43-1-1101, AL seq. ; and WHEREAS, the Town of Estes Park desires to join said Regional Planning Commission and become a party to the Intergovernmental Agreement forming the same; and WHEREAS, the signatories hereto are the governing bodies or officials having charge of public improvements within their jurisdictions in the Upper Front Range Transportation Planning Region; and WHEREAS, the Existing Participants desire to have the Town of Estes Park join said Regional Planning Commission and become a party to the Intergovernmental Agreement forming the same. IT IS THEREFORE agreed by and among the parties hereto that the Town of Estes Park shall become a participant in the Regional Planning Commission for the Upper Front Range Transportation Planning Region and the Town of Estes Park agrees to become party to and be bound by the Intergovernmental Agreement forming the same, a copy of which is attached hereto and incorporated herein as Exhibit t, A " This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which, taken together, shall constitute the 'same document. EXISTING PARTICIPANTS: Date: Chairman Larimer County Board of County Commissioners ATTEST: Deputy Clerk FROM:PUBLIC WORKS TO: 3035866909 APR 23, 1993 3:44PM 0351 P.02 Addendum to' Intergovernmental Agreement upper Front Range Transportation Planning Region Page 2 Date: - Chairman Weld County Board of County Commissioners ATTEST: Deputy Clerk Date: Chairman Morgan County Board of County Commissioners ATTEST: Deputy Clerk NEW PARTICIPANT: Date: Mayor Town of Estes Park ATTEST: Town Clerk BRADFORD PUBLISHINGCO RECORD OF PROCEEDINGS . planning Commission - March 16, 1993 - Page 4 3. CONSOLIDATED REVIEW of Pine Knoll Addition. 3.06 acres. Martin & Beniamin Jelsema/Apolicant. 3.A. Annexation. Rezoning Request and PreliminarY Plat. Applicant representative Bill Van Horn advised that this property has been an enclave for several years and is located between One Thousand Pines Addition and Pine Knoll Subdivision. Minimum "cut" is anticipated for the sewer line and drainage facilities. Director Stamey noted that the annexation and preliminary plat proposing single-family lots is in character with the adjoining neighborhood. Public testimony was heard from Bruce Weart supporting the four (4) lots as proposed. It was moved and seconded (Brown/Burgess) Pine Knoll Annexation be favorably recommended for approval to the Board of Trustees, to include the following conditions, and it passed unanimously: 1. All utility requirements be subject to final approval, as preliminary information/proposals have not been identified. 2. The subdivision be zoned E-Estate with exception being granted for the minimum lot area. ORDINANCE NO. AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF ESTES PARK, COLORADO, TO BE KNOWN AND DESIGNATED AS PINE KNOLL ADDITION BE IT ORDAINED BY THE BOARD OF TRUSTEES OF ESTES PARK, COLORADO: SECTION 1. That a Petition for Annexation, together with four (4) copies of the plat of said area as required by law, was filed with the Board of Trustees on the 9th day of March, 1993 by the landowners of one hundred percent (100%) of the area and owning one hundred percent (100%) of the area, excluding public streets and alleys, of the area hereinafter described. The Board, by Resolution at its regular meeting on the 9th day of March, 1993, accepted said Petition and found and determined that the provisions of Section 31-12-107 (1) (g) C.R.S. , and Section 31-12-106 (1), C.R.S., were met. SECTION 2., That Notice was given and published as provided in Section 31-12-108 (2) C.R.S SECTION 3. That no additional terms or conditions are to be imposed upon this annexation. SECTION 4. That the annexation of the following described area designated as Pine Knoll Addition to the Town of Estes Park, is hereby approved. Property located in the SEit of the NWit of Section 31, Township 5 North, Range 72 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Commencing at the center 1 corner of said Section 31; thence N 00°47'20" W., along the East line of the S.E. 1 of the N.W.* of said Section 31 with all bearings herein relative thereto, a distance of 665.28' to the true point of beginning said point being on the Northerly right-of-way of Pine Knoll Drive; thence along said R.O.W. N 89°07'00" W A distance of 247.74' to the East boundary of One Thousand Pines Subdivision; thence leaving said R.O.W. N 06°29'13" E along said East.Boundary 648.56' to the South Boundary of Village Acres Subdivision; thence leaving said East boundary S 88°39'22" E along said South boundary 165.61' to the North East corner of said S.E. 1; thence leaving said South boundary S 00°47'20" E along the East line of said S.E. 1 644.40' to the true point of beginning. Also described as that portion of the SE k " NWA, Section 31, T5N, R72W, Larimer County, Colorado described as the Easterly 3.3 acres of said SEit NWit. known as No. TBD, Estes Park, CO 80517. SECTION 5. The Town of Estes Park, Colorado, hereby consents, pursuant to Section 37-45-136 (3.6) C.R.S. to the inclusion of lands described above into the Northern Colorado Water Conservancy District and the Municipal Subdistrict, Northern Colorado Water Conservancy District. SECTION 6. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of April, 1993 and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of April, 1993, all as required by the statutes of theState of Colorado. Town · Clerk -2- ORDINANCE NO. AN ORDINANCE ADDING R-S ZONING TO TITLE 17 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK WHEREAS, the annexation of the Pine Knoll Addition was accomplished on the 13th day of April, 1993; and WHEREAS, following testimony, the Board of Trustees have determined that it is in the best interest of the Town to'zone Pine Knoll Addition to the Town of Estes Park as E-Estate. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Pine Knoll Addition to the Town of Estes Park shall be zoned E-Estate. Section 2. This ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS DAY OF , 1993. 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 , 1993, and published in a neWspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1993. Town Clerk RECORD OF PROCEEDINGS BRADFORD PUBLISHING CO. Planning commission January 19, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Sue Doylen, Alma Hix and Larry Wexler Attending: All Also Attending: Community Development Director Stamey, Public Works Director Linnane, Clerk O'Connor Absent: None ClUiyr<an Sager called the meeting to order at 1'1 P.M. MINib'TES. Minutes at the December 15, 199 meeting were approved as submitted. ~ ~.. ELECTION OF 1993 bEFICERS. It was moved and secon (Wexler/Brown) Al Sager be elected Chairman, Alma Hix be ed*84 Vice Chairman (Amos/Doylen) , and a representative f m the *ewn Clerk' s Office be elected Recording Secreta (A. Hix/Brb,qu, and all motions passed unanimously. ~1. UNFINISHED B INESS. 3.A. Special Review #92-6. Circle S Outfitters Horse Drawn Carriacrd Rides. Steve Peiffer/Avolicant. Pursuarito a verbal request by Clyde Taylor it was moved and seconded-os/A. Hix) Special Review #92-6 be continued to April 20, 19 93» and it passed unanimously. 1 SUBDIVISIONS. 8, 4,0.*r Amended Plat of Lots 4. 5. 22. and 23. Block 8. Country -A~ Club Manor Addition. William. Marv June and Edward W. Myers/Applicant. Chairman Sager opened a public hearing to consider a boundary adjustment among four (4) existing lots to create two (2) lots. Community Development Director Stamey reviewed the staff report. There being no further testimony, Chairman Sager declared the public hearing closed. It was moved and seconded (Brown/Burgess) the Amended Plat of Lots 4, 5, 22, and 23, Block 8, Country Club Manor Addition be favorably recommended to the Board of Trustees, and it passed unanimously. Chairman Sager declared a 10-minute recess to allow an opportunity for the Hospital Administrator to appear. 5. SPECIAL REVIEWS. lh --- September 15, 1992 Commission: Chairman Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Alma Hix, and 4 Larry Wexler Attending: All Also Attending: Trustee/Liaison George Hix, Community Development Director Stamey, Public Works Director Linnane, Clerk O'Connor Absent: None 3. SUBDIVISIONS. ~A. Boundary Adlustment - Lots 1 and 2. Canaiv Subdivision. Malk Brown/Applicant. Commissioner Brown cited a conflict of int est and was excused from the room. Chairman Sager ope d a pub c hearing to consider said boundary adjustment. aul Kocheva , Applicant's representative, reported th the proposed mended plat adjusts the westerly lot line f Lot 2 to elimina a building encroachment onto Lot 1. lot line adjustment a lows for a 10' building setback for e structure on Lot 2. A the time an addition to the Estes Resort was constructe (1979), the structure ext ed over the lot line. The OW r discovered this e oachment, and an agreement was rea ed with the adjace property owner for a 10' setback. The a eement was nev formalized, and since that time, zoning re lations wer amended to require a 15' setback. The adjacent operty wner is unwilling to add an additional 5' to the orig al reement. The building is non- conforming and would remai s such. There were no persons speaking in favor of o opposition to the boundary adjustment. Chairman ger q tioned the necessity of the setback variance relati * to existing access easements/adequate cess. Directo Stamey confirmed that the Applicant was not eking a variance- he request is providing a setback for e structure; should the owner desire to structurally a er or enlarge the buildi the request would then requir Board of Adjustment review. There being no further te imony, Chairman Sager declared public hearing closed. It was moved and seconded (Wexle Burgess) the Bounda Adjustment for Lots 1 and 2, Canaiy S ivision be favo ly recommended to the Board of Trustees, ntingent upo noting on the plat that the building is non-con ing, a it passed by the following votes: Those voting es" /~'No" Chairman Sager. Those "Abstaining" commissioner Brown) commissioner Brown resumed his position on the Commission. Grand Estates Subdivision. Mae A. Tilev/Applicant. Chairman 3.E. Boundary Adiustment of Lot 40 and East 90' of Lot 41. Sager commended Bill Van Horn for the excellent vicinity map included with this plat, and opened a public hearing to consider the boundary adjustment. Representing the Applicant, Bill Van Horn reported that the applicant desires to adjust the westerly lot line of Lot 2 to eliminate a building encroachment onto Lot 1. The lot line adjustment allows for a 10' building setback for the structure on Lot 2. Director Stamey reviewed the staff report. Public Works Director Linnane stated that his request to modify the plat to include the house located on Lot 41 was intended for clarification purposes. Staff's request for the Applicant to submit drainage calculations on an undeveloped lot was due to the potential for flooding along the northeast portion of the site. There were no persons speaking in favor of or in opposition to the boundary adjustment. Chairman Sager declared the public hearing closed. It was moved and seconded (Brown/Wexler) the Boundary Adjustment of Lot 40 and East 900 of Lot 41, Grand Estates Subdivision be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously: 1. Provide a sanitary sewer easement. 2. Provide utility easement on the north lot line of Lots 40A and 408. 3. Provide the Book and Page division information· 4. Provide a drainage easement on the northeast corner of Lot 40A, Grand Estates Subdivision. 2. SUBDIVISIONS. 51*.e. Thompson Ave.. Lou Canaiv/Applicant. Commissioner Doylen 2.A. Amended Plat of Lot 1. Canaiv Subdivision. 1638-1642 Big stated she would refrain from discussion and voting on this proposal. The Applicant is proposing to divide an existing lot into two (2) lots. The property is zoned C-0 and the minimum lot area for a lot fronting an arterial street is 40,000 sq. ft.; the proposed lot sizes are: Lot lA - 21,460 sq. ft. and Lot 1B - 13,991 sq. ft. Applicant's Representative Paul Kochevar reviewed the site, advising that access along the west side of the lot is gained through the existing curb cut shared with Roth's Restaurant. Mr. Canaiy confirmed that landscaping along the highway frontage was discontinued due to disregard of the area by vehicular traffic and State Highway snowplows. The Applicant confirmed that when access is gained from the western edge of the site, vehicles do cross and drive along the bike path to get to this site. The Applicant requested an exemption from the landscaping requirement, adding that a renter will be installing a free-standing sign. Discussion followed concerning public safety and how such concerns might be mitigated, and roof overhang into the easement. Community Development Director Stamey reviewed the minimum lot size for the C-O District (40,000 sq. ft.) and findings that must be found if an exception is granted. Staff expressed concern with vehicular and pedestrian conflicts, defined highway access and site utilization, and improved appearance of the property. Public testimony was offered by Louis O'Riordan. Finding that there are special circumstances or conditions affecting the property, that the exception to the minimum lot area is necessary for the preservation and enjoyment of a substantial property right of the petitioner, and that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated, or in conflict with the purposes and objectives of this title, it was moved and seconded (Brown/Amos) the Amended Plat of Lot 1, Canaiy Subdivision be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously, with Commissioner Doylen Abstaining: 1. Provide for one defined curb cut/access to Highway 34, and align the access easement for Lot lB with this curb cut. 2. Provide for reasonable highway frontage landscaping at the northwest and northeast corner of Lot lA. Provide a landscaping plan sufficient to meet staff recommendation and submitted prior to Town Board Approval. Applicant will be required to submit an Improvement Guarantee to ensure installation of the landscaping. 3. The Applicant will be required to follow the Development Plan submittal process for any building additions or development proposal for Lots lA or 1B. 4. A sewer line easement must be granted to serve Lot lA in the future; however, the existing sewer line need not be relocated at this time. 5. The Dedication Statement be amended as directed by the Town Attorney. 6. A waterline easement be provided as recommended by staff. 3. SPECIAL REVIEW. 5. E. 3.A. Special Review #93-2 Aspen Lodge Horse-Drawn Carriage > Rides. Commissioner Doylen stated she , would refrain from discussion and voting on this proposal. The Aspen Lodge was represented by the owners Tom and Jill Hall and Livery Supervisor Tim Resch. Applicant is requesting approval to operate horse-drawn carriage rides in downtown Estes Park. Summer and winter routes are being proposed. The summer route (May 15-September 15) would begin at the Transit Center, proceed north on MacGregor to the ByPass, then east and south to Elkhorn Ave., then west to the Transit Center. This route would be operated from 10:00 A.M. to 9:00 P.M. daily. The winter route (September 15-May 15) would circulate on a round trip from the Transit Center to West Park Center. The photograph of the carriage, a Yellowstone Touring Coach, was displayed, and 2%-3" high lettering will identify the carriage as being operated by The Aspen Lodge. The Applicant confirmed that Police Chief/Traffic Engineer Racine had reviewed the routes and did not oppose them as long as the right is reserved to modify or change them if problems occur. Rubber wheels and horseshoes will be utilized as well as a waste- catching device. The horses (2) will not be fed at the Transit Center negating the necessity for feed storage; a sealed container (off-site) will be used to receive all waste that the Applicant cannot hose-down; there will be no signage at the Transit Center; and alternate routes were researched. Alternate routes are not feasible due to the incline which is not found on Elkhorn Ave. The Commission expressed concern with the right-hand turn at the Highway 34/36 Intersection and potential for vehicular "stacking" during the summer operation. Public comments were heard from Louis O'Riordan and Chamber of Commerce Director Boschen. Director Stamey expressed concern with potential conflicts at the Transit Center and reviewed staff recommendations. Additional discussion included insurance/liability concerns, signage on the coach, and traffic conflicts at a major intersection (34/36). Based upon the Traffic Engineer's preliminary approval and the following conditions, it was moved and seconded (Brown/Burgess) Special Review #93-2 for Horse-Drawn Carriage Ridges be favorably recommended to the Board of Trustees contingent upon the following, and it passed by the following votes: Those voting "Yes" Commissioners Brown, Burgess, Hix and Sager. Those voting "No" Commissioner Amos. Those "Abstaining" Commissioner Doylen. 1. Temporary approval of the operation. The operator to provide a written report by July 15, 1993 for review by the Planning Commission July 20, 1993 to review the operating experience, problems, adjustments, and concerns. 2. If operational problems occur (e.g. traffic conflicts, use of transit center), applicant will immediately correct the problem and/or cease operation upon notification by a Town representative. 3. No signage is to be placed in the Transit Center. 4. Waste disposal method be identified and coordinated/approved by staff. 5. Transit Center to be managed so there are no conflicts with users. 6. Signage on the coach be no more than 3" high letters, stating only "The Aspen Lodge at Estes Park." 7. Aspen Lodge to provide adequate insurance in accordance with Town policy, naming the Town as an additional insured, if required. 8. Rubber tires and horseshoes be utilized. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission April 20, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess, Sue Doylen, Alma Hix and Larry Wexler Attending: Chairman Sager, Commissioners Amos, Brown, Burgess, Doylen, and A. Hix Also Attending: Community Development Director Stamey, Public Works Director Linnane, Trustee/Liaison G. Hix, Clerk O'Connor Absent: Commissioner Wexler 5.F. Chairman Sager called the meeting to order at 1:30 P.M. and read a - portion of the Code addressing the residency requirement for Planning Commissioners. Larry Wexler is residing outside Town Limits, and therefore, his term has been terminated. Persons interested in serving on the Commission were advised to obtain an application from the Town Clerk. . 11993 1,99· PETITION FOR THE CREATION WITHIN THE TOWN OF ESTES PARK, COLORADO, A HOUSING AUTHORITY PURSUANT TO THE PROVISIONS OF PART 2 OF ARTICLE 4 OF TITLE 29, C.R.S. The undersigned, being residents of the Town of Estes Park, hereby petition the Board of Trustees of the Town of Estes Park, stating that there is a need for the establishment of a Housing Authority within the Town of Estes Park, pursuant to the applicable provisions of Part 2 of Article 4 of Title 29, C.R.S. The undersigned hereby state that there is a need for a Housing Authority to function within the Town of Estes Park, due to the fact that there is a lack of safe or sanitary dwelling accommodations in the Town available for all of the inhabitants thereof. 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U 0.,CLK<~aL, G.g -44-4 ' f~9 111..~~c.I><2 su io 69 /9% \4 16 LD TA-kX:'€Uu:> E-x» d e. 4 2 Phors DAInto A/ 9..96-33.u. 9 c».9-1 Cla 54 OE \ 3 636 ST€AmER DA. 62 0 C o PI o•-• c 5 64- 5 , U U 611 5-4 # . PR'TRICIA 6 m.1- e., A.2 € 4 o -9034cla-,lit...ue 2 PETRo t I NE ~€ 2'01 04.-<.~b -244 k 1 -7-7. 4 Ti, 4- 4#-aL #· Siti#m B 0,695 F. /957 13< 14 prete c. A> 1 0 A. f *A/4-61.Al/C Vilt.*'- ('513- E.Ue > F« rtc co 'Terri L. C « 1 4 le¢ U Moraa w !14 U . r 1-4. k.i.-1422. ' r - £ CIRCULATOR AFFIDAVIT 3£-,GI i OPerMo.ri 4 1 GUJ/ ~045 Qurk, to Ugi? 2-CDO GiAAL€EL, Ac I, hereby certify that I have , circulated the above Petition within the Town of Estes Park, Colorado and'that the persons signing this Petition are residents of the Town of Estes Park. , C1 1. 1 1 ;1'- ~~ fl CL ·'?la STATE OF COLORADO ) ) SS COUNTY OF LARIMER ) r'fh 421, 1993 ribed and sworn to before me this I day of by 4042~bR Vict . My commission expires:F3~25~-·~~··~ licj -<SS==k Mit*N J. RO~4 Notary Publid C ' j / 1......t ~L 0.,/:Abi' 'Dl J</LP r~~~ OF Cots:P' 13 791 RESOLUTION WHEREAS, on the 7th day of April, 1993, a Petition was filed with the Town Clerk stating that there was a need for a Housing Authority within the Town of Estes Park; and WHEREAS, pursuant to the provisions of Section 29-4-204, C.R.S., a Public Hearing was set for the 27th day of April, 1993, at the Municipal Building, Town of Estes Park; and WHEREAS, notice of said Public Hearing was published in the Estes Park Trail Gazette at least ten (10) days preceding the date of said hearing; and WHEREAS, on the 27th day of April, 1993, a Public Hearing was held by the Board of Trustees of the Town of Estes Park, pursuant to the request set forth in said Petition. At said Public Hearing, all residents and taxpayers of the Town of Estes Park and all other interested persons were provided opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. 1. Based upon the Petition as filed with the Town Clerk and evidence and testimony presented at the Hearing, there is a lack of safe or sanitary dwelling accommodations in the Town of Estes Park, Colorado, available to all of the inhabitants thereof. 2. The Housing Authority shall be known as the Estes Park Housing Authority. 3. Pursuant to the provisions of Section 29-4-205, C.R.S., the Commissioners of the Estes Park Housing Authority shall be all of the members of the Board of Trustees of the Town of Estes Park in their ex-officio capacity. Dated this day of , 1993. TOWN OF ESTES PARK By: Mayor ATTEST: Town Clerk CERTIFICATE OF THE ESTABLISHMENT OF THE ESTES PARK HOUSING AUTHORITY TO: The Department of Local Affairs Division of Local Government State of Colorado 1313 Sherman Street, Room 520 Denver, Colorado 80203 1. On the day of , 1993, a Petition, pursuant to the provisions of Section 29-4-204 (1), C.R.S., was filed with the Town Clerk of the Town of Estes Park, stating that there is a need for a housing authority to function in the Town of Estes Park. 2. Pursuant to the applicable provisions of Section 29-4-204 (1), C.R.S., notice was published in the Estes Park Trail Gazette of a Public Hearing on said Petition. 3. On the day of , 1993, a Public Hearing was held, pursuant to the provisions of Section 29-4-204 (2), C.R.S. 4. Following said Public Hearing, the Board of Trustees of the Town of Estes Park, Colorado, adopted Resolution No. , a copy of which is attached hereto and incorporated herein by this reference. 5. Pursuant to Paragraph 3 of said Resolution, the undersigned, being all of the members of the Board of Trustees of the Town of Estes Park, 'olorado, are Commissioners of the Estes Park Housing Authority. Dated this day of , 1993. H. Bernerd Dannels Norbert L. Aldrich Robert L. Dekker Susan L. Doylen Stephen W. Gillette David Habecker George J. Hix ATTEST: I hereby attest to the fact that the names and signatures listed above are all members of the Board of Trustees of the Town of Estes Park, Colorado. Town Clerk