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Home My WebLink AboutPACKET Town Board 1993-05-25Â¢ 1% . 1% j BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 25, 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. CONSENT CALENDAR: 1. Town Board minutes dated May 11, 1993. 2. Bills. 3. Committee Minutes: A. Public Safety, May 20, 1993. B. Planning Commission, May 18, 1993. 4. Liquor License Renewals: A. Lions Club of Estes Park, 3.2% Retail Beer License, 1161 Manford Ave. MISCELLANEOUS: Mark Degregorio - Wildlife Slide Presentation/Rocky Mountain National Park. ACTION ITEMS: 1. Public Safety Committee, May 20, 1993: A. Traffic Issues - Approval: 1. Mall Road. 2. Intersection of 34/36--Yield Lane. B. Equipment Expenditure - Approval. C. Larimer County Humane Society Animal Control Agreement - Approval. D. Larimer County Sheriff's Department - Approval of Reciprocal Agreement. E. Ordinance pertaining to Skateboards, Rollerblades and Bicycles. F. Agreement with Rocky Mountain National Park pertaining to fire protection- Approval. 2. Planning Commission, May 18, 1993: A. Time Extension for Lot 2, Amended Plat of Tract A, Booth Resubdivision, Johnson and Maria Lin/Applicant - Approval. B. Public Hearing: Pine Knoll Addition, 3.06 Acres, Martin and Benjamin Jelsema/Applicant: 1. Annexation Ordinance. 2. Zoning Ordinance, E-Estate. 1 Board of Trustees May 25, 1993 3. Final Plat, Pine Knoll Subdivision, Second Filing. C. Public Hearing: Final Plat of Lots 5-18, Village Greens Subdivision, Neil Rosener/Applicant. D. Public Hearing: Amended Plat of Lot 34, Manford Addition and Lot 34, Bonnie Brae Addition, John and Peggy Lynch/Applicant. E. Public Hearing: Amendment to Special Review Request #92- 2, Elkhorn Lodge, 600 W. Elkhorn Ave., Jerry Zahourek and Associated Properties, Inc./Applicant - Appeal of Planning Commission decision denying application. F., Planning Commission Appointments: Term expiring April, 1994 (replacing Susan Doylen) Term expiring April, 1998 (replacing Larry Wexler). 3. Request from Ben Forbes to disburse balance held in the Art Program Funds to CACEP. 4. Liquor License Actions: A. Show Cause Liquor Hearing for Coyote Moon Nightclub, Tavern License #02-62091, 800 Moraine Avenue B. 5. Town Administrator's Report - None. NOTE: Due to scheduling conflicts, the Board of Trustees will meet June 29, 1993 in lieu of June 22, 1993. 2 May 11 93 ~Infult of ~istes 1%1ark, Larimer County. Colorado, ., 19 Minutes of a.... , Â·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 11th May 93 on the . ... ... .day of ............... ..........,A.D. 19....at regular meeting hour. Meeting called to order by 494Â¢r ....... Acting Mayor David Habecker Present: 14(04dr Acting Mayor Trustees: Norbert L. Aldrich David Habecker Robert L. Dekker Susan L. Doylen Stephen W. Gillette Also Present: Richard D. Widmer, Assistant Town Administrator Gregory A. White, Town Attorney Tina Kuehl, Deputy Town Clerk 4.04 Absent: H.B. Dannels, Mayor Gedrge Hix, Mayor Pro Tem Trustee Habecker called the meeting to orderlat 7:30 p.m. It was moved and seconded (Gillette-Aldrich) that Trustee Habecker be Mayor Pro Tem Hix, and it passed unanimously. appointed Acting Mayor in the absence of both Mayor Dannels and Acting Mayor Habecker welcomed the representative from the Senior Student Government class to the meeting. PUBLIC INPUT Al Sager presented concerns regarding the regional transportation plan for the repair of highways in Larimer County. Acting Mayor Habecker assured Sager that these concerns would be presented in future regional transportation meetings. CONSENT CALENDAR 1. Town Board minutes dated April 27, 1993. 2. Bills. 3. Committee Minutes: A. Community Development, May 6, 1993. 4. Liquor License Renewals: A. Heidi's Hideaway, Inc., dba HEIDI'S HIDEAWAY, Beer and Wine License, 406 W. Crags Dr. B. Deer Ridge, Inc., dba NATIONAL PARK VILLAGE SOUTH, 3.2% Retail Beer License, 900 Moraine Avenue. C. Deer Ridge, Inc., dba THE OTHER SIDE RESTAURANT, Hotel and Restaurant License, includes EXTENDED HOURS, 900 Moraine Avenue. 5. Continue Show Cause Liquor Hearing for Coyote Moon Nightclub to May 25, 1993. It was moved and seconded (Aldrich-Dekker) the consent calendar be approved, and it passed unanimously. Board of Trustees - May 11, 1993 - Page 2 ACTION ITEMS 1. Community Development Committee, May 6, 1993: A. Park n' Ride Passenger Transportation Services Contract with Estes Park Trollev Corporation -- Approval. Community Development Director Stamey reviewed the proposed contract between the Town and the Estes Park Trolley Corporation, highlighting the following: 1. Services: June 28, 1993, through August 22, 1993; season tickets will be honored beginning Memorial Weekend. 2. Routes: YMCA, NPVS, Fall River, Highway 34 East, and Highway 7 to the Carriage Hills entrance with stops at the Bureau of Reclamation, West Elkhorn Parking Lots, Transit Center, Park Lane and East Elkhorn, and the loading zones on West Elkhorn and Barlow Plaza. 3. Hours: 7:30 a.m. to 10:00 p.m:, every day of the week; one-half hour intervals. Assistant Town Administrator Widmer added that the Town' s expense will be $7,500, with the remainder of the cost subsidized through private season ticket sales. It was moved and seconded ( Dekker-Doylen) that the contract with the Estes Park Trolley Corporation be approved as presented, and it passed unanimously. Al Sager presented opposition to the advertising that appears on the Trolleys, and he requested this be terminated immediately. Trustee Dekker assured Sager that his concern will receive attention. 2. New Liquor License Applications: A. Rendezvous Cafe. 509 Big Thompson Ave.. New Beer and Wine License Application. Acting Mayor Habecker opened the public hearing for a New Beer and Wine License ~ application for Rendezvous Cafe, 509 Big Thompson Avenue. R. Monte and Barbara Stewart Smith/Applicants, reported that because there are no establishments of this kind within the block, that patrons are requesting such service, and that they are located in a Commercial Zone, this beer and wine license should be issued. As there ! was no further comment, Acting Mayor Habecker declared I the public hearing closed. Finding that the reasonable requirements of the neighborhood are not being met by the i i present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of this liquor license, it was moved and seconded (Gillette- Doylen) the New Beer and Wine License filed by Rendezvous Cafe be approved, and it passed unanimously. B. Black Canyon Inn. 800 MacGregor Avenue. New Hotel and Restaurant Liquor License Application. Acting Mayor Habecker opened the public hearing for a New Hotel and Restaurant Liquor License application for Black Canyon Inn, 800 MacGregor Avenue. Jim Sloan/ Applicant, reported that due to the projected fine dining atmosphere and the conference center use of the facilities, customers will expect the availability of liquor. As there was no further comment, Acting Mayor Habecker * declared the public hearing closed. Finding that the reasonable requirements of the neighborhood are not being met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the Board of Trustees - May 11, 1993 - Page 3 granting of this liquor license, it was moved and seconded (Dekker-Aldrich) the New Hotel and Restaurant Liquor License for Black Canyon Inn be approved, and it passed unanimously. 3. Estes Valley Recreation and Park District -- Approval of Accounting Operations bv Town Finance Department. Assistant Town Administrator Widmer read a memo which explained the absence of Town Administrator Klaphake and Mayor Dannels due to their attendance at a scheduled meeting of the sanitation districts. The memo also revealed the reasons for the proposal between the Town and the Estes Valley Recreation and Park District for accounting operations. Finance Director Vavra explained the advantages of combining these' efforts. This agreement is renewable yearly, with either party having the option to cancel with due notice. Trustee Gillette commended the Town and the Recreation District for their prudence in recognizing the importance of such an agreement as a tax savings to the citizens. It was moved and seconded (Gillette-Doylen) the EVRPD merging of accounting services with the Town, in accordance with the Business Plan, dated May 3, 1993, be approved, with a formal Intergovernmental Agreement to be brought back to the Board for approval, and it passed unanimously. 4. Town Administratoris Report. A. F.E.M.A. Final Claim Action. Assistant Town Administrator Widmer announced that the final payment, $193,285.28, of the federal share of the disaster public ' assistance from the Lawn Lake Flood has been received. i Finance Director Vavra acknowledged that the completion of several projects was required in order to receive this final payment, and he further explained the breakdown of these monies to the various accounts. B. Personnel Policy Changes. Assistant Town Administrator Widmer explained that personnel policy changes have been approved to comply with the American Disabilities Act and the Family Leave bill. Contrary to a statement in the Trail-Gazette, the Board of Trustees are not excluded from compliance with these new regulations, but they are excluded from the policies as stated in the personnel policy manual. As Board members, they are still liable if any laws are violated, but the manual is written for employees only. ' Following completion of all agenda items, and hearing no comments from those in attendance, Acting Mayor Habecker adjourned the meeting at 8:20 p.m. Acting Mayor ................ Deputy Town Clerk BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Public Safety Committee May 20, 1993 Committee: Chairman Hix, Trustees Aldrich and Habecker Attending: Chairman Hix, Trustee Habecker Also Attending: Town Administrator Klaphake, Police Chief Racine, Clerk O'Connor Absent: Trustee Aldrich Chairman Hix called the meeting to order at 10:00 A.M. VICTIM'S ASSISTANCE ADVOCATES - RECOGNITION. Chairman Hix presented Certificates of Recognition to citizens associated with the Victim's Assistance Program and expressed the Town's appreciation for their many hours of volunteer effort toward assisting victims. The Committee also expressed their appreciation to Victim's Assistance Coordinator Goelz. TRAFFIC ISSUES - DISCUSSION. Beaver Point. John Reichardt, representing the High Drive Property Owners Association, brought attention to a parking hazard located at the Beaver Point Quick Stop Store, 911 Moraine Ave. There are five parking spaces in front of the store that are within the edge of the Intersection of Highway 36, Marys Lake Road, and High Drive. When patrons are departing the store, most vehicles either travel east or west on Highway 36. Vehicles backing out of parking spaces at the store are unable to see any of the traffic lights and therefore either pull into traffic on Highway 36, back across the lanes of traffic on High Drive, pull into the oncoming lane to exit the intersection or wait for the traffic signal light. The Association requested the Town take whatever measures necessary to ban or prevent parking to the south side of the store. Staff reported that discussion had taken place with the owner of the building in the past; however, the owner is reluctant to assist in correcting this public safety issue. Although , there are no documented accident reports, the Committee concurs with the potential safety hazard and desires to mitigate the hazard, and recommends (1) the Town clarify the location of the right-of-way to help determine whether improvements (curb, gutter, etc.) could eliminate the hazard, and (2) directing Town Attorney White to review and prepare a legal stance for further review. Signage Change. In April, 1993, the Committee verbally approved the change of all traffic signs to the international symbol signs. The Committee formally approved the change in traffic signs as noted. MacGregor Avenue Closure. Discussion was held on the possibility of closing MacGregor Avenue to traffic north beyond the Transit Center exit. Chief Racine reported that the Fire Department has no objection to such a closure and has so stated in writing. Staff contends that such a closure will assist in staging special events in Bond Park, and force traffic west to Park Lane and Virginia Lane to the traffic signal light (improved traffic flow). Staff noted that such a closure was contained in the Urban Renewal Plan and at that time, opposition was expressed by the Fire Dept. and First National Bank. Following discussion, the Committee recommends approval of the preliminary concept, requesting Chief Racine obtain comments from staff and affected agencies, returning to the Committee with additional information. Colorado Department of Transportation Items (CDOT). Pursuant to BRADFOROPUelliliNGCO. RECORD OF PROCEEDINGS Public Safety Committee - May 20, 1993 - Page 2 various comments raised by residents during Community Breakfasts, Chief Racine contacted Karla Harding/State Traffic Safety Office and discussed the following: Mall Road. Public safety issue relating to identification. The State will erect the proper identification signs for Mall Road on State Highways 34 and 36. CDOT concurs that it would be advantageous for the Town to erect street lights on the 34/36-Mall Road Intersections (the Town has been unsuccessful in requesting CDOT to fund street lights at said intersections). The Committee recommends the Town (General Fund) install a street light at the Mall Road and Highway 34 and Highway 36 Intersections. Fish Creek Road. CDOT will submit their recommendation to re- design this'intersection. Eastbound State Highway 34. Residents expressed a desire for the Town to designate a left-turn lane onto Lone Pine Drive in Lone Pine Acres. CDOT may designate the center lane for a turning lane; however, CDOT will submit suggestions for potential improvement. Chief Racine was directed to consult with Public Works Director Linnane concerning future highway widening plans. Eastbound State Highway 36. CDOT conducted a warrant study for said location and the existing speed limits of 30 mph will be raised to 35 mph, and the 35 mph zone will be raised to 40 mph. Intersection of State Highways 34/36--Yield Lane. CDOT concurs that the "flashing" light should be relocated and placed on the existing "Yield" sign. CDOT has suggested that as the left hand sign is more noticeable due to the driver's attention being focused in that direction, that an additional "flasher" be installed on the "Yield" sign located on the left side. CDOT will provide the flashing light fixture and suggests the Town install same. The Committee recommends the Town fund installation of the fixture. Bollards/Parking Enforcement. Pursuant to requests from delivery service personnel, staff will begin installing the bollards along a portion of Elkhorn Avenue, which includes enforcement for the loading zones. Staff will review the loading zone signage for potential improvement. Chief Racine suggested the bollard installation and loading zone parking enforcement be re-scheduled in 1994 to May 1st. The Committee concurs and recommends the bollards and parking enforcement commence on May 1, 1994. The Committee expressed their appreciation to Traffic Engineer Harding for all the cooperation demonstrated toward improving traffic conditions in Estes Park. PARADE PERMITS - REOUEST APPROVAL. El Jebel Shrine Parade. El Jebel submitted a parade request application for June 5, 1993 from 10-11:00 A.M. The proposed route is east on Elkhorn Avenue to the 34/36 Intersection, progressing south on Highway 7. Rooftop Rodeo Parade. Special Events Director Scott has requested approval to conduct the annual Rooftop Rodeo Parade on July 14, 1993 from 10-11:00 A.M. -(staging to begin at approximately 7:30 A.M.). The proposed route is east on Elkhorn Avenue to the 34/36 Intersection, progressing south on Highway 7 to Manford Avenue to I ....FOR/PUBLISHING.0 RECORD OF PROCEEDINGS Public Safety Committee - May 20, 1993 - Page 3 the fairgrounds. Rally'n the Rockies. Parade (motorcycles) scheduled August 27, 1993 from 10-11:00 A.M. The proposed route is identical to that of the Rodeo Parade. Adequate insurance has been provided and the Committee recommends approval of all three parade requests. SUMMER OFFICER PROGRAM - REPORT. Chief Racine submitted a list of summer officers (8) which includes 6 local residents. The Department has instituted a cadet program for those high school graduates interested in pursuing law enforcement. MISCELLANEOUS EQUIPMENT - AUTHORIZATION TO PURCHASE. The Committee reviewed a request to purchase miscellaneous dispatch equipment as follows: Dual transcription system ........... $5,922.50 Computer/Printers ................... 8,140.00 The transcription system was budgeted at $6,000 and the computer/printers $8,500. As both items were within budget, the Committee recommends approval of the request as presented. ANIMAL CONTROL AGREEMENT - APPROVAL. The Committee reviewed an agreement for animal control service with the Larimer County Humane Society. The Agreement term is May 1, 1993-December 31, 1993. In summary, Larimer County will pay the Town $500.00/month and the Town will increase the Animal Control Officer's schedule by 8 hours/week. The service territory will be extended to the unincorporated areas of Larimer County. Town Attorney White has reviewed and amended the Agreement. The Committee recommends approval of the Agreement as amended by Town Attorney White. Administrator Klaphake noted that these such items may be affected in the future pursuant to Amendment 1 (budget authority). RECIPROCAL AGREEMENT WITH SHERIFF'S DEPARTMENT - APPROVAL. Chief Racine reviewed said agreement which formalizes efficiencies of both agencies. Town Attorney White has reviewed the agreement. Commending both agencies for their effort in improving governmental efficiencies, the Committee recommends Chief Racine be authorized to execute said Agreement. PROPOSED ORDINANCE RELATING TO SKATEBOARDS. ROLLERBLADES AND BICYCLES - DISCUSSION. Acting upon Chief Racine's request, Town Attorney White prepared an ordinance restricting skateboards from public sidewalks, parking lots, streets, alleys, parks including Riverside Plaza, Riverwalk or designated bike paths. Rollerblade restrictions are identical to those of the skateboards, with the exception that rollerblades are allowed on designated bike paths. Bicycles will be restricted from public parking lots, parks, including Riverside Plaza and the Riverwalk. Based upon public safety issues, the committee recommends approval of the ordinance as submitted. BRAOFORDPUBLISHINGCO. RECORD OF PROCEEDINGS Public Safety Committee - May 20, 1993 - Page 4 DESIGNATION OF HANDICAPPED PARKING SPACE/BROWNFIELD PARKING LOT - APPROVAL. Administrator Klaphake repdrted that EPURA has concurred with a request to designate one handicapped parking space in the parking lot east of the Brownfield building, next to Elkhorn Ave. and EPURA is formally requesting the handicapped space be so designated. The Committee recommends the request be approved. ESTES PARK VOLUNTEER FIRE DEPARTMENT. Mutual Aid Agreement with RMNP. The Committee reviewed a standard Mutual Aid Agreement with Rocky Mountain National Park. The standard agreement is renewed on an annual basis. Administrator Klaphake reported that an agreement for the satellite fire station will be submitted in the near future. The Committee recommends approval of the Mutual Aid Agreement with RMNP. REPORTS. Chief Racine submitted a newly-formatted summary report for the Police Department. The Committee sanctioned the new format with a slight revision to year-to-date statistics. Chief Racine reviewed miscellaneous correspondence from February - May, 1993. The Second Annual Bike Safety Rodeo will be held Saturday, May 25, 1993 at the Park R-3 Schools; approximately 300 children attended the event in 1992. There being no further business, Chairman Hix adjourned the meeting at 11:20 A.M. 010 C j Uku, 0 181414 j Vickie O'Connor, CMC, Town Clerk -. BRADFORIPUILISHING.0 RECORD OF PROCEEDINGS Planning Commission May 18, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess and Alma Hix Attending: Chairman Sager, Commissioners Amos, Brown and Burgess Also Attending: Trustee Doylen, Community Development Director Stamey, Public Works Director Linnane, Clerk O'Connor Absent: Commissioner A. Hix, Trustee Liaison G. Hix Chairman Sager called the meeting to order at 10:00 A.M. 1. MINUTES. Minutes of the April 20, 1993 meeting were approved as submitted. 2. REOUEST FOR TIME EXTENSION. Development Plan #93-1. Lot 2. Amended Plat of Tract A. Booth Resubdivision. Johnson & Maria Lin/Applicant. The Applicant is requesting a time extension from July 9, 1993 to October 1, 1993 for completion of a portion of Fall River Lane. The Applicant desires to construct the street at the same time as parking improvements are made, and after utility installation is complete. Bill Van Horn, representing adjacent property owner Daniel Nelson, requested the time extension be denied based upon the following: (1) the applicant has received a previous extension; and (2) Mr. Nelson cannot develop his property (Lot 6) as the travelled way crosses his property-- the street is not located in the right-of-way. Upon research, Public Works Director Linnane confirmed that the roadway does bisect Lot 6, and suggested the Applicant be required to rough grade and gravel the proposed roadway and abandon the travelled way currently used. Mr. Van Horn confirmed that this solution would be acceptable to Mr. Nelson. It was moved and seconded . (Brown/Amos) the time extension to October 1, 1993 be approved contingent upon: (1) a new Letter of Credit being submitted sufficient to cover current costs; (2) Applicant's engineer submitting a current cost estimate for the improvements, and (3) the Applicant rough grade, gravel and relocate the road by July 1, 1993 (paving will be postponed), and it passed unanimously. 3. SUBDIVISIONS. 3.A. Final Plat. Pine Knoll Subdivision. Second Filing. Martin & Beniamin Jelsema/Applicant. The Commission previously considered and recommended approval of the annexation, zoning (E-Estate) and preliminary subdivision plat for this subdivision. The final plat conforms with these previous actions. Bill Van Horn, Applicant's Representative, reviewed the proposal, responding to staff's recommendations, requesting all property pins be set prior to issuance of a building permit in lieu of prior to Town Board approval. Sewer line installation was the basis for this request as the engineer believes 3 pins may be destroyed. However, staff advised that the Applicant could post an Improvement Guarantee for setting the pins. There were no comments from the audience. Commissioner comments included discussion on prevention/enforcement of encroachment into the drainage easement. It was moved and seconded (Brown/Burgess) the Final BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission - May 18, 1993 - Page 2 Plat of Pine Knoll Subdivision, Second Filing, be favorably recommended to the Town Board contingent upon the following, and it passed unanimously: 1. Add a note to the plat that addresses prohibiting encroachments into the drainage easement on Lot 1. 2. Finalize the drainage design pursuant to the Public Works Department memorandum dated May 6, 1993. 3. All utility services to be installed as requested by each utility. 4. All property pins be set prior to Town Board approval or post an Improvement Guarantee. 3.B. Final Plat of Lot 2. Crags Addition. and Lot 2. Pedersen Subdivision. known as "The Promontorv". The Commission approved the preliminary plat April 20, 1993. The proposed subdivision creates 17 lots: 5 lots have been designed for single-family unit or a duplex and 7 lots have been designated single-family. Density/use for Lots 15, 16 and 17 have not been specifically identified. Paul Kochevar, Applicant's representative reviewed the plat reporting that the first phase will include 120 acres; 8 acres will be dedicated as open space, and the second phase will include 3 acres. Mr. Kochevar concurred with staff's recommendations advising that he would like the plat considered by the Town Board at their June 29th meeting. Following discussion on wildfire mitigation, it was moved and seconded (Brown/Amos) the Final plat of Lot 2, Crags Addition, and Lot 2, Pedersen Subdivision be favorably recommended to the Town Board with the following conditions, and it passed unanimously: 1. Enforcement provisions regarding the wildfire mitigation report to be addressed in the Homeowner's Association documents, provided to and reviewed by Town Attorney White prior to Town Board approval. Said report to include language to allow the Town an opportunity to mitigate a wildfire hazard should it become necessary. 2. Label open space and private street on the plat as "private." 3. Modify the dedication statement. 4. Modify notes to reflect the current condition of the plat. 5. Plat must contain current (1993) signatures of owners and lienholders. 6. Improvement Guarantee and Letter of Credit must be submitted prior to Town Board approval. 7. Electricservice must be extended. 8. Sanitary sewer system must be installed/repair in accordance with Upper Thompson Sanitation District standards. 3.C. Final Plat of Lots 5-18. Village Greens Subdivision. Neil Rosener/Applicant. This subdivision is a revision of the Mi Casa P.U.D. which was originally approved in 1984. The,lot , BRADFOROPUBLISHING.0 RECORD OF PROCEEDINGS Planning Commission - May 18, 1993 - Page 3 arrangement has been reconfigured and provides for 14 single- family detached lots. Mi Casa Subdivision consisted of attached dwelling units in 4-plex configuration. Applicant's representative, Jerry Miller, Architecture, presented the plat, noting that the Applicant concurred with staff's recommendations. Mr. Miller reviewed an adjustment of the zero lot line setback for Lots 5, 6 and 7, whereby the zero lot line would be changed to 5'. All other requirements would be the same, including the opposite side yard setback (20% of the width of the lot). The change is to allow for utility easements. Discussion followed concerning construction in and outside the building envelope with the intent that the side yard would remain clear of any structure. The Applicant, Neil Rosener, addressed the Commission reporting that the development proposal includes strict covenants, and that some areas outside of the building envelopes may be fenced. There were no comments from the audience. It was moved and seconded (Brown/Burgess) the Final Plat of Lots 5-18, Village Greene Subdivision be favorably recommended to the Town Board based upon the following conditions, and it passed unanimously: 1. Construction of the drainage facilities across the golf course occur only during normal course closing. 2. Provide an Improvement Guarantee and Letter of Credit prior to Town Board approval (prices adjusted pursuant to the Public Works Department). 3. Revise construction plan, drainage plan and plat pursuant to the Public Works Department. 4. Provide required easements if natural gas service is anticipated. 5. Approval of the request to modify the setback, placing a limitation on the plat that no construction will occur in the side yards of Lots 5, 6 and 7. All construction to occur with the building envelope. 3.D. Amended Plat of Lots 18. 22 and 30. Grand Estates Subdivision. Robert and Lois Jurgens/Applicant. The Applicant is proposing to adjust the boundary lines among three existing lots which are presently occupied by 5 main buildings which comprise the Comfort Inn Motel. Bill Van Horn, Applicant's representative, reviewed the application advising that a development plan will follow that will involve additions and improvements to the front tract of land which contains the motel. Director Stamey reported a verification on the density cannot be calculated until such time as the final lot area is established, and information on existing and proposed uses provided. Commissioner Amos read an excerpt from the March 16, 1993 Planning Commission regarding submittal deadlines. Based upon an incomplete submittal to allow adequate review, Commissioner Amos moved this item be postponed to June 15, 1993. Mr. Van Horn stated that submittals will not be complete as it is difficult to reach resolution between the owner and staff prior to consideration by the Planning Commission--the Commission will be requested to make final decisions/determinations. Commissioner Amos requested a complete submittal: access, right-of-way dedication, easements and utilities--all have a bearing on the site. Mr. Van Horn noted that the streets are dedicated and that access on Lot 22 has not been changed. Commissioner Burgess seconded the motion. Commissioner Brown stated that in some cases, BRADFORD.U.LISHING.0 RECORD OF PROCEEDINGS Planning Commission - May 18, 1993 - Page 4 certain issues need to be resolved; a complete submittal is required for the Commission to adequately perform their task, particularly utility easements and how they relate to egress/ingress (which is standard submittal data that is required). The 21-day time frame for submittal, staff review, agency comment and timely notice to the Applicant were reviewed. There being no further comment, the motion passed unanimously. 3.E. Amended Plat of Lots 1 and 2. Block 4. Amended Plat of the First Addition to Lone Pine Acres. Lester Schmidt/Applicant. The amended plat adjusts the internal lot line between Lots 1 and 2, making the lot line a more north/south orientation. The Applicant' s representative, Paul Kochevar, summarized the proposal advising that the sanitary sewer line is 600' from the property line and that the Upper Thompson Sanitation District may extend the line. However, the Code allows the Larimer County Health Department to approve a septic system. There were no comments from the audience. Director Stamey stated that the Town cannot perform snow removal until a standard cul-de-sac is constructed. Discussion followed concerning the appropriateness of a septic system inside Town limits, if a property owner should be required to connect to a public sewer system, and how the public may be at a disadvantage by not being informed that such a system is in place. Mr. Kochevar noted that the UTSD Board will meet May 24 to review this application and that said District requires anyone within 400' of the sewer line to connect to the public system. It was moved and seconded (Brown/Amos) the Amended Plat of Lots 1 and 2, Block 4, Amended Plat of the First Addition to Lone Pine Acres be favorably recommended to the Town Board with the following conditions, and.it passed unanimously: 1. Add Larimer County Certificate of Approval (septic system), a copy of which was made a part of the review document. 2. Label lot lines and add lot numbers. 3. Verify utility traversing the site and relocate or provide appropriate easement. 4. Form and stabilize the roadside ditch along Lone Pine Drive and protect the new ditch along Raven Avenue. 5. The Town will not perform snow removal until such time as Raven Avenue is extended, or cul-de-sac constructed. 3.F. Amended Plat of Lot 34. Manford Addition. and Lot 34. Bonnie Brae Addition. John and Peqqv Lynch/Applicant. The Applicant is proposing to adjust the internal lot lines between two existing lots which would eliminate a building encroachment across a lot line and provide for adequate building setbacks. The plat also dedicates a 25' road easement as street right-of-way. Applicant's representative, Bill Van Horn, reviewed the proposal stating that sewer facilities will be provided through Manford Avenue and that the easement has been amended to accommodate the line--the sewer line under the building will be abandoned, and a new easement will be provided. An existing telephone pedestal will be relocated. There were no comments from the audience. It was moved and seconded (Burgess/Amos) the Amended Plat of Lot 34, Manford Addition, and Lot 34, Bonnie Brae Addition be BRADFOROPUBLliliNGCO RECORD OF PROCEEDINGS Planning Commission - May 18, 1993 - Page 5 favorably recommended to the Town Board with the following conditions, and it passed unanimously: 1. Designate the access easement as "private." 2. Provide the following on the plat: bearing basis (p.o.b. and easements), dimensions of building setback from lot line and new lot designation. 3. Revise the dedication statement. 4. Correct the dedication statement and surveyor's certificate. 5. Provide natural gas line easement, if necessary. 4. DEVELOPMENT PLANS. 4.A. Development Plan #93-4. Lot 34. Manford Addition and Lot 34. Bonnie Brae Addition. Lynch Professional Buildina. John & pegGy Lynch/Applicant. The Applicant is proposing the construction of two buildings with a combined floor area of 8,964 sq. ft. Twenty-nine parking spaces would initially be constructed with provision for future development of 8 additional spaces. Bill Van Horn represented the Applicant and stated staff comments would be added to the development plan, with a drainage note addressing the 100-year detention volume. The Applicant confirmed that trees could be planted along the Graves Avenue frontage. There were no comments from the audience. It was mbved and seconded (Brown/Burgess) Development Plan #93-4, Lot 34, Manford Addition and Lot 34, Bonnie Brae Addition be approved with the following conditions, and it passed unanimously: 1. Size the water service line and plumbing fixtures pursuant to the Public Works Department memorandum dated May 6, 1993. 2. Coordinate sanitary sewer construction and provision of easements with Estes Park Sanitation District. 3. Locate the natural gas line and provide easement, if necessary. 4. Relocate telephone pedestal (or verify that it does not interfere with the drive). 5. Revise the drainage structure, and add a note to the development plan regarding the 100-year detention volume. 6. Add landscape quantities, sizes, and installation schedule. 7. Add lienholder signatures, if appropriate. 8. Add a note to the development plan which prohibits outdoor storage. 9. Specific approval of the proposed construction schedule, with Phase III to begin no later than August, 1996. BRADFORDPUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - May 18, 1993 - Page 6 4.B. Development Plan #93-5. Lot 1. Amended Plat of Lots 1 and 2. Block 4. Lone Pine Acres. Lester Schmidt/Applicant. Commissioner Burgess cited a potential "conflict of interest, stated she would not participate in discussion nor vote, and vacated the room. The Applicant is proposing to construct a 4,500 sq. ft. building with a parking area for an auto repair service. Paul Kochevar, Applicant's representative, stated that a revised development plan had been submitted. Chairman Sager expressed a concern that while the revision appeared to be a better approach, that the Planning Commission was seeing it for the f irst time, and staff had not had an opportunity to adequately consider the revisions. Commissioner Amos noted that the latest drawing was not received on a timely manner and moved Development Plan #93-5 be postponed to June 15, 1993. Commissioner Brown seconded the motion. Paul Kochevar stated that the original 21-day submittal did meet Code requirements and requested he be allowed to withdraw the amendment and that review continue on the original plan. The Commission allowed review of the original plan. Mr. Kochevar noted that 22 parking spaces are being proposed and that staff has expressed concern that these spaces will be in front of six garage doors on the south of the building, thereby reducing the effective parking. Mr. Kochevar reviewed proposed building usage, assurance that vehicles will not be parked on public streets. Staff confirmed that parking is a specific item for adequate review and that the parking configuration had not been supplied. Discussion included potential conflicts between drainage and the septic system, curbing . Public comment concerning appearance (metal building) and use (business confined to the building), outside storage, and dense plantings were offered by subdivision resident and property owner Ron Harvey. Chairman Sager confirmed that the site was zoned C-0. Mr. Kochevar suggested that consideration of this item could be tabled, and the revised plan reviewed at the next meeting. The motion passed unanimously, with Commissioner Burgess Abstaining. In response to Mr. Harvey's comments, the Commission confirmed that architectural control was not in the purview of the Planning Commission. Chairman Sager declared a 10-minute recess. Chairman Sager reconvened the meeting at 12:30 P.M. 5. SPECIAL REVIEW. 5.A. Amendment to Special Review and Development Plan #92-2. Elkhorn Lodge Property. 600 W. Elkhorn Ave.. Jerry Zahourek. Associated Properties. Inc./Applicant. The Applicant has submitted two additions/revisions to their concept plan: parking and use of the north barn. Parking. Staff proposed an alternate parking layout which would be radial in nature and follow the northeast side of the road from the existing approved parking, to the employee housing building, and on the south side of the road, east of the "shops" building. Mr. Zahourek confirmed that staff's proposal was acceptable to him. - Restrooms. Restroom fixtures at the stables have not been identified and the Applicant has stated that 70 people use 7 restrooms. Two hundred more users may overload these facilities and'must be resolved with issuance of the building permit. The Applicant stated the facilities include 3 separate stalls and sinks for men and women. The barn will not be used at the same time as horse rides. 4 BRADFOROPUSLISHINGCO RECORD OF PROCEEDINGS Planning Commission - May 18, 1993 - Page 8 a plan drawn and presented--not sure what is being described. Restrooms: food is being served, entertainment is being dispensed. Code provisions are very plain, Mr. Zahourek has indicated in his presentation today that he would like to comply with the Code, and yet he is proposing that customers can walk 200 feet to the restroom, which does not conform to the Code and until that is brought into alignment, I find the application to be inadequate on that count. Also, the question regarding pedestrian safety as they are traversing the parking lot or whatever to get from the barn area where potentially they may be consuming alcoholic beverages and trying to traverse their way in whatever condition to the restroom. Those are the on-site concerns and they are quite valid. Mr. Zahourek is required to meet the Code but I think we also have an obligation to protect applicants from themselves or any potential hazard from themselves. If Mr. Zahourek has 200 or 300 people in this location for a function and the Town gets a complaint he may be in a heck of a pinch to have to shut down after he's made promises to these folks of like entertainment and the Planning Commission is obligated to take these things into consideration and in my estimation, the facility that's being proposed for regular usage with amplified sound, etc. or natural music whatever, in this location is probably inadequate to meet our Code and I think the charge we're given in the face of all of these deficiencies is to deny the application and I would so move. Commissioner Amos seconded the motion and it passed unanimously. Chairman Sager advised Mr. Zahourek that he has an opportunity to submit material to the Planning Commission to prove that these concerns can be mitigated. 6. REPORTS. Director Stamey reported that the presentation of the Stanley Historic District Master Plan will be rescheduled. There being no further business, Chairman Sager adjourned the meeting at 1:28 P.M. (5 *,Â·' ..co 0 - t#-Â»d/U Vickie O'Connor, CMC, Town Clerk BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS , Planning Commission - May 18, 1993 - Page 7 Sound (music/dancing at the barn). The Applicant confirmed that amplified sound will be used at times at that sliding wooden doors will be installed and closed to contain the sound more effectively. There are holes in the barn roof and gaps in the boards on the west side of the barn - Mr. Zahourek confirmed that he will repair the roof (24 panels), will replace missing boards, and is attempting to locate white fiber paint for the roof, which, in his opinion, will help mitigate the sound. The Applicant is sensitive to the neighbors' concerns, that the Code addresses acceptable sound, and that he also desires to protect the interests of his guests. Debris removal. The staff report included the statement that the Applicant Â·should be required to remove all debris, building materials, vehicles, etc. from the premises around the barn and clear the materials in the barn itself prior to any public use. The Applicant stated debris removal is on- going. The Commission posed questions concerning use of the barn, associated commercial activities, designated parking for lodging guests, and restaurant/chuckwagon dinner participants, adequate restroom facilities, sound mitigation, and acknowledged a finalized plan had not been submitted with which to fully consider the request. The Applicant stated that he has accepted staff's parking modifications and that as the Code addressed sound, the Commission need not confront this issue. The property is zoned C-0, however, he is concerned with the neighbors and will not let the sound get out of control. Commissioner Amos read a portion of Chapter 17.24.040 Disturbances A. Standard - "No sound, noise, ... shall be observable without instruments more than two hundred feet from the boundaries of the originating premise..., and B. Performance Compliance - "For a proposed facility whose future compliance with this requirement is questionable, the town planner may require that the applicant furnish evidence of probably compliance, whether by example of similar facilities or by engineering analysis." The Commission has received verbal assurance, but no technical assurance or evidence that sound will be controlled. Public comments were heard from Gordon Hobert, Roy Jones, and Connie Phipps all of which expressed concern with sound problems. Chairman Sager acknowledged aÂ·petition in opposition to the amplification of music containing 49 signatures plus one letter dated May 14, 1993. Chairman Sager also stated that the sound control methods need to be specific, and that paint on the roof probably would not contain sound. Commissioner Brown stated that the Commission has three items to consider: (1) is the use appropriate on the site. This is a commercial area and commercial uses are appropriate. Mr. Zahourek has vaguely identified three different types of uses for the barn. There is no difficulty with the type of use; however, there are two other issues--on-site concerns, protecting the public from hazards on the site and perhaps the Applicant to some degree. Some of the issues that have not been adequately addressed include: parking location and proposal that parking only be identified with fence posts or split-rail fence but not surfaced in any fashion, indicating in his written proposal that he does not feel the natural grass would be damaged because the use would not be heavy enough to create a problem. Driving on grass on any regular basis does need to be surfaced. Locational aspects--although we have heard a concurrence with some sort of radial design as proposed by Director Stamey, it falls to the Applicant to have i â€¢ r--c TOWN OF ESTES PARK 1 12 Lk'*. 1 Police Department #26 /te. 4* g ---*~1,~2 j -;.r-='.O:AMMETMECT /4~ 2 34. J 1 ~. Â«49,2,%4#6-5,,t,Â¥,40- 41 -lki"IR,i. 4.i >55. 4 ..1, 00> h =.2>7.:A--1,2-/*I:,22*90'841* May 11, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Lions Club of Estes Park OBERG, Bob BASTILLA, Bob BOLING, Don MCCOWN, Daryl ALLEN, Kelly 3.2% Beer 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 Lions Club of Estes Park. Sincerely, n 41,2-1 David J. Racine Chief of Police DJR/ j o (303) 586-4466 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 Â»HADFORIPUBLISHlilli RECORD OF PROCEEDINGS Public Safety Committee - May 20, 1993 - Page 2 various comments raised by residents during Community Breakfasts, Chief Racine contacted Karla Harding/State Traffic Safety Office and discussed the following: Mall Road. Public safety issue relating to identification. 0 4-*2h. The 1 State will erect the proper identification signs for Mall - Road on State Highways 34 and 36. CDOT concurs that it would be advantageous for the Town to erect street lights on the 34/36-Mall Road Intersections (the Town has been unsuccessful in requesting CDOT to fund street lights at said intersections). The Committee recommends the Town (General Fund) install a street light at the Mall Road and Highway 34 and Highway 36 Intersections. Fish Creek Road. CDOT will submit their recommendation to re- design this intersection. Eastbound State Highway 34. Residents expressed a desire for the Town to designate a left-turn lane onto Lone Pine Drive in Lone Pine Acres. CDOT may designate tHe center lane for a turning lane; however, CDOT will submit suggestions for potential improvement. Chief Racine was directed to consult with Public Works Director Linnane concerning future highway widening plans. Eastbound State Highway 36. CDOT conducted a warrant study for said location and the existing speed limits of 30 mph will be raised to 35 mph, and the 35 mph zone will be raised to 40 mph. Intersection of State Highways 34/36--Yield Lane. CDOT LA.4. concurs that the "flashing" light should be relocated and ~* placed on the existing "Yield" sign. CDOT has suggested that as the left hand sign is more noticeable due to the driver's attention being focused in that 'direction, that an additional "flasher" be installed on the "Yield" sign located on the left side. CDOT will provide the flashing light fixture and suggests the Town install same. The Committee recommends the Town fund installation of the fixture. Bollards/Parking Enforcement. Pursuant to requests from delivery service personnel, staff will begin installing the bollards along a portion of Elkhorn Avenue, which includes enforcement for the loading zones. Staff will review the loading zone signage for potential improvement. Chief Racine suggested the bollard installation and loading zone parking enforcement be re-scheduled in 1994 to May 1st. The Committee concurs and recommends the bollards and parking enforcement commence on May 1, 1994. The Committee expressed their appreciation to Traffic Engineer Harding for all the cooperation demonstrated toward improving traffic conditions in Estes Park. MISCELLANEOUS EOUIPMENT - AUTHORIZATION TO PURCHASE. L. 8. 3* equipment as follows: The Committee reviewed a request to purchase misfellaneous dispatch Dual transcription system ........... $5,922.50 Computer/Printers ................... 8,140.00 The transcription system was budgeted at $6,000 and the computer/printers $8,500. As both items were within budget, the Committee recommends approval of the request as presented. 8....0/0/Ull,SHING.0 RECORD OF PROCEEDINGS Public Safety Committee - May 20, 1993 - Page 3 the fairgrounds. ./ Ral]CN.n the Rockies. Parade (motorcycles) scheduled August 27, 1993 fNm 10-11:00 A.M. The proposed route is identical to that of the Rodebâ‚¬arade. Adequate insGtaBce has been provided apdthe Committee recommends approval of all tk~ree parade requests. // SUMMER OFFICER PROGRAM. - REPORT. Chief Racine submitted a liht/6f summer officers (8) which includes 6 local residents. The Depaktment has instituted a cadet program for those high school, 'graddates interested in pursuing law enforcement. 7 B MISCELLANEOUS EOUIPMENT - AUTHORIZATION TO PURCHASE. 7. 1 The Committee reviewed a request to purcha s~qiscellaneous dispatch equipment ~~prollows: \ Dual/transcription system ........... $5,92~Nip C~puter/Printers ................... 8,140.06\~ The~~/"transcription system was budgeted at $6,000 \Qnd the cgibuter/printers $8,500. As both items were within budÂ«t, the Committee recommends approval of the request as presented. \ ANIMAL CONTROL AGREEMENT - APPROVAL. VE,. The Committee reviewed an agreement for animal control service with the Larimer County Humane Society. The Agreement term is May 1, 1993-December 31, 1993. In summary, Larimer County will pay the Town $500.00/month and the Town will increase the Animal Control Officer's schedule by 8 hours/week. The service territory will be extended to the unincorporated areas of Larimer County. Town Attorney White has reviewed and amended the Agreement. The Committee recommends approval of the Agreement as amended by Town Attorney White. Administrator Klaphake noted that these such items may be affected in the future pursuant to Amendment 1 (budget authority). ~ECIPROCAL AGREEMENT WITH SHERIFF' S DEPARTMENT - APPROVAL. - Chief Raqtne reviewed said agreement which formalizes effi.efG~ies o f both agengies. Town Attorney White has reviewed tbe4greement. Commending both.Agencies for their effort in impr01,41@ governmental efficiencies, thehcommittee recommends Chief,REine be authorized to execute said Agreeinent. PROPOSED ORDINANCE RELATINGÂ«TO -BKATEBOARDS, ROLLERBLADES AND BICYCLES - DISCUSSION. Acting upon Chief RacinÂ©trequest, Town *ttorney White prepared an ordinance restricting/Â§kateboards from puEHâ‚¬ sidewalks, parking lots, streets, alj,fs, parks including Riversitia~plaza, Riverwalk or designated h.kife paths.Â· Rollerblade restrictionA are identical to those o~,kffe skateboards, with the exception that>Â«llerblades are allowad on designated bike paths. Bicycles will be +6Â©ricted from 21*15fic parking lots, parks, including Riverside Plaza Rht the Rivefi,alk. Based upon public safety issues, the committee ,Â»dbommends approval of the ordinance as submitted. 0 RCV BY:XEROX TELECOPIER 7010 ; 5-21-93 1:20PM ; 6699380Â» 3035866909 ; # 2 4 i '11 0" . SENT BY:HAMMOND CLARK WHIT ; 5-21-90 , 6699380-9 3035866909;# 2 AGREEMENT FOR ANIMAL CONTROL SERVICE This Agreement is entered into by and between the Humane Society for Larimer County (hereinafter "the Humane Society") and the Town of Estes Park (hereinafter referred to as "Estes Park"). WITNESSETH: WHEREAS, Estes Park presently employs a trained and qualified animal control officer for the purpose of enforcing local ordinances concerning animal control within the Town of Estes Park; and WHEREAS, the Humane Society as an independent contractor provides animal control and related services to Larimer County in the unincorporated area of Larimer County; and WHEREAS, the Humane Society desires to contract with Estes Park for part-time services of Estes Park's animal control officer for the purpose of providing better service in the unincorporated portion of Larimer County located in the Estes Park area; and WHEREAS, Estes Park desires to contract with the Humane Society for part-time services of Estes Park's animal control officer. NOW, THEREFORE, in-consideration of their mutual promises and covenants contained herein, the parties agree as follows: 1. Duration of Agreement. This Agreement shall be effective on May 1, 1993, and shall continue until December 31, 1993, unless sooner terminated. This Agreement may be renewed as provided in Section 13. 2. Scope of Services. Estes Park shall: a. provide a trained and qualified animal control officer to respond to animal control calls within the portion of unincorporated Larimer County located within the Service Area as defined in Section 3. The animal control officer shall respond to calls concerning the Larimer County Resolution and Ordinance Concerning Animal Control and Dog Licensing, as SENT BY:HAMMOND CLARK WHIT ; 5-21-93 1:24PM ; 6699380-9 3035866909;# 3 amended from time to time, and enforce the same. A copy of the Larimer County Resolution and Ordinance Concerning Animal Control is attached hereto and incorporated herein by reference as Exhibit "A", In addition Estes Park and its animal control officer shall: ( 1) furnish, on a rental basis, available humane animal trapa to all residents of the Service Area who desire them. (2) dispose of all dead cats, dogs and other animals similar in size brought to the designated Estes Park animal shelter by residents of the Service Area. (3) respond to calls regarding livestock, remove livestock from roadways and temporarily confine or restrain the livestock, if possible, pending action by the Larimer County Sheriff's Department. b. provide a humane and appropriate vehicle equipped with equipment necessary for the performance of its duties under this Agreement, including but not limited to a two-way radio sufficient to provide constant communication and devices necessary to capture, hold and transport animals in a safe and humane manner. C. provide uniform( s) which clearly identi fy its employee as an animal control officer. 3. Service Area. The services to be provided by Estes Park under the terms of this Agreement shall be provided in that portion of unincorporated Larimer County which is served by the Larimer County Sheriff's Department deputies stationed in Estes Park and which is known as Sector 6. A copy of the territory included in Sector 6 is attached hereto and incorporated herein by reference as Exhibit "B". 4. Hours of Se-rvice. The specific days and hours that the animal control officer works will be determined by Estes Park after consultation with the Humane Society. When the animal control officer is on duty, he/she will respond to both calls concerning services to be provided to residents of Estes Park and services to be provided to residents of the Service Area. It is contemplated that the animal control officer will spend, on average, eight hours per week responding to calls and providing services in the Service Area under this Agreement. However, due to the fluctuating nature of the services to be provided, the parties do not desire to 2 RCV BY:XEROX TELECOPIER 7010 1 5-21-93 1-:21PM : 66993800 3035866909;# 4 SENTÂ·BY:HAMMOND CLARK WHIT ; 5-21-93 1:25PM ; 66993804 3035866909;# 4 specify in this Agreement the specific days or hours that services will be provided. It is the intent of the parties that Estes Park, in determinifig the hours that the animal control officers will work, will account for the increased number of calls that occur on the fourth of July and that weekend hours will be discu5sed by the parties to determine if the animal control officer should be working on some or all weekends. Summer days and times will also be discussed with a goal of providing coverage for the increased number of calls which occur during the summer months. Estes Park will notify the Humane Society of the hours that the animal control officer will be working so that the Humane Society can be adequately staffed to provide services during non- working hours or days. If the schedule of the animal control officer fluctuates, this notice shall be provided on a weekly basis. 5. Operation of Local Shelter. Estes Park will arrange for a local animal shelter where animals impounded from the Service Area will be taken by Estes Park. Estes Park shall be responsible for its operations and the costs thereof. When an hnimal is impounded by Estes Park at the local animal shelter, Estes Park shall promptly notify the Humane Society of the impoundment. Estes Park shall establish, keep and maintain a daily register of all animals impounded by the animal control officer and released by the local animal control shelter and a case history of each animal impounded and released, all on forms mutually agreeable to the parties. 6. Impoundment Fees. Estes Park will charge and collect from persons who reclaim impounded animals all fees set. forth in .1 the Larimer County Resolution and Ordinance Concerning Animal Control and Dog Licensing, as amended from time to time. Estes Park shall retain as its sole property all such fees collected. All such fees collected by Estes Park shall be accounted for at the time of submitting the monthly and ' annual reports required by Section 9. 7. Commissions. Larimer County shall authorize, by commission, the Estes Park animal control officer to enforce the Larimer County Ordinance and Resolution Concerning Animal Control and Dog Licensing. The animal control officer shall be authorized, by commission, to serve summons and complaints and penalty assessment notices to be filed in the Larimer County Court. Any animal control officers commissioned pursuant to this Agreement shall not be entitled to enforce any other ordinance or resolution of Larimer County other than the Larimer County Ordinance and 3 I ..3 4/ Â¢Â·Â·A ";'Â·g SENT BY:HAMMOND CLARK WHIT ; 5-21-93 1:26PM ; 6699380-# 3035866909;# 5 Resolution Concerning Animal Control and Dog Licensing, as amended from time to time. The Humane Society shall instruct the animal control officer in the procedures of enforcing the Larimer County Ordinance and Resolution Concerning Animal Control and Dog Licensing. 8. Weanons. The animal control officer provided by Estes Park shall not carry guns, rifles, or firearms other than tranquilizer guns when responding to a call in the Services Area, except when necessary to destroy a dangerous or vicious animal. In the event that the animal control officer finds it necessary to use a weapon to destroy a dangerous animal, unless the situation is an emergency, the animal control officer shall notify the Larimer County Sheriff's Department to respond and assist prior to the destruction. 9. Records. Estes Park shall submit to the Humane Society reports on a monthly basis with an annual summary listing the following information with regard to the previous month: a. number of calls received from the Service Area; b. number of responses to the Service Area; C. the type of problem reported or responded to; d. the number of animals impounded; e. the number of impounded animals released to owners; f. the fees collected by Estes Park from owners reclaiming their animals; g. number of animals picked up from the Service Area which are euthanized at the local animal control shelter; , h. number of responses to loose livestock; and i. such other information as may be reasonably required by the Humane Society. 10, Dispatch Services. Estes Park, through its police department, shall perform dispatch services. 11. Indemnity/Liability Insurance. Estes Park shall carry liability insurance sufficient to insure against acts or omissions 4 RCV BY:XEROX TELECOPIER 7010 ; 5-21-93 1:23PM ; 6699380- 3035866909;4 6 SENT pY:HAMMOND CLARK WHIT ; 5-21-93 1:27PM ; 6699380-4 3035866909;# 6 of Estes Park, its officers, elected and appointed, employees and agents, with the minimum coverage as follows: a. Bodily Injury $150,000/$600,000 b. Property Damage S50,000 The Humane Society shall be an "additional insured" on any policy obtained by Estes Park pertaining to its duties under this agreement with respect to the operations performed by or on behalf of Estes Park and falling within the scope of the agreement between Estes Park and the Humane Society. The Humane Society shall carry liability insurance sufficient to insure against acts or omissions of the Humane Society, its officers, elected and appointed, employees and agents, with the minimum coverage as follows: a. Bodily Injury . ~ 5150,000/$600,000 b. Property Damage $50,000 Estes Park shall be an "additional insured" on any policy obtained by the Humane Society pertaining to its duties under this agreement with respect to the operations performed by or on behalf of the Humane Society and falling within the scope of the agreement between Estes Park and the Humane Society. Estes Park shall defend, indemnity and save harmless the Humane Society, its officers, elected and appointed, and its employees, servants and agents from any and every action, cause of action, claim or demand of any person, natural or corporate. resulting from or arising out of any act or omission of Estes Park, its officers, elected or appointed, employees, agents Or contractors, relating to the performance of any of the obligations of this Agreement. Estes Park shall not, however, be liable for the acts, claims or demands which may arise solely from the intentional or negligent acts of the Humane Society, its officers, elected or appointed, and employees, nor for the acts of Estes Park in compliance with instructions or orders given to Eates Park by the Humane Society. The Humane Society shall defend, indemnify and save harmless Estes Park, its officers, elected and appointed, and its employees. servants and agents from any and every action, cause of action, Claim or demand of any person, natural or corporate, resulting from or arising out of any act or omission of the Humane Society, its officers, elected or appointed, employees, agents, or cqntractors, relating to the performance of any of the obligations of this 5 SENT BY:HAMMOND CLARK WHIT ; 5-21-93 1:27PM ; 6699380-4 3035866909;# 7 agreement. The Humane Society shall not, however, be liable for the acts, claims or demands which may arise solely from the intentional or negligent acts of Estes Park, its officers, elected or appointed, and employees nor for the acts of the Humane Society in compliance with instructions or orders given to the Humane Society by Estes Park. 12. Baxant. The Humane Society shall pay to Estes Park, for the satisfactory performance of its obligations hereunder the annual sum of $6,000.00. The amount of payment for the 1993 calendar year shall be a prorated amount of $500.00 per month ($4,000.00 for May 1, 1993 through December 31, 1993). The payments for a full year shall be paid in quarterly installments of $1,500.00 payable on January 1, April 1, July 1 and October 1 of each year. For 1993, the first payment of Sl,000.00 shall be paid on May 1, 1993, the second payment of $1,500.00 shall be paid on July 1, 1993, and the third payment of $1,500.00 on October 1, 1993. Â·,.t r 13. General. It is further agreed, by and between Estes Park and the Humane Society as follows: a. that in entering into this Agreement, the Estes Park animal control officer acquires no status. right or benefits of an employee or agent of the Humane Society or Larimer County; it being expressly understood and agreed that Estes Park shall perform all undertaking and services prescribed herein as an independent contractor of the Humane Society, which is an independent contractor of Larimer County. b. that Estes Park shall neither assign any of the rights nor delegate any of the duties upon it under this Agreement without the express written consent of the Humane Society and Larimer County. C. that this Agreement may not be enlarged, modified or altered, except in writing, signed by the parties as an amendment hereto. d. that no waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. e. that it is expressly understood and agreed by the parties hereto that the Estes Park animal control officer shall write 6 RCV BY:XEROX TELECOPIER 7010 ; 5-21-93 1:24PM ; 6699380- 3035866909:# 8 SENT BY:HAMMOND CLARK WH IT ; 5-21-93 1:28PM ; 6699380-9 3035866909;# 8 and/or serve legal process upon, persons desiring to reclaim their animals from the local animal shelter. f. that it is expressly understood and agreed that the payment of salary and benefits of personnel employed by Estes Park as an animal control officer shall be the sole responsibility of Estes Park. It is specifically understood and agreed that personnel employed by Estes Park as animal control officers are not employees of the Humane Society or of Larimer County and are not entitled to any benefits to which Humane Society or Larimer County employees may be entitled. g. that if either party materially breaches any term of this Agreement, the non-breaching party shall provide notice to the breaching party of such breach. If the breach is not corrected within thirty (30) days or such longer period of time as may be reasonable under the circumstances, the non- breaching party may terminate this Agreement upon notice to the breaching party. In any suit brought to enforce the provisions hereof, the prevailing party shall be entitled to recover its costs and reasonable attorney fees. h. that Estes Park shall make its financial records available, upon request, to the Humane Society for the purpose of conducting an audit. Such audit shall be conducted during normal business hours of Estes Park and conducted on Estes Park premises. i. that in the enforcement of Larimer County ordinances and resolutions relating to animal control, Estes Park shall comply with all applicable provisions of the Larimer County Ordinances and Resolutions concerning Animal Control and Dog Licensing, as amended from time to time. j. that nothing contained herein shall be deemed to be a waiver of Estes Park' s sovereign' immunity or the limitations on liability set forth in the Colorado Governmental Immunity Act or other applicable laws granting similar protections. 14. Renewal. a. The parties shall meet in November to determine if the agreement should be renewed for the following year and to renegotiate the compensation and obligations of the parties based upon the prior years experience. Any modifications to the agreement shall be set forth in writing, although such writing may be in letter form. b. If by the end of any year, the parties are unable to reach an agreement for the next year, then this Agreement 7 SENT BY:HAMMOND CLARK WHIT ; 5-21-93 1:29PM ; 6699380-4 3035866909;# 9 shall be terminated; provided, however, that Estes Park agrees to continue to provide the services set forth herein for an additional three months at the rate of 8500.00 per month. HUMANE SOCIETY FOR LARIMER COUNTY DATED: - By: President ATTEST: Secretary TOWN OF ESTES PARK DATED: By Title: ATTEST: Title: Section 6 relating to commissions is hereby agreed to by the Board of County Commissioners of Larlmer County, Colorado. Dated: BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO By: , Chairman ATTEST: Deputy Clerk 8 8./.FOROPUILISHINGCO RECORD OF PROCEEDINGS Public Safety Committee - May 20, 1993 - Page 3 <he fairgrounds. R*lly'n the Rockies. Parade (motorcycles) scheduled August 27, 1944 from 10-11:00 A.M. The proposed route is identical to that of 4/ the hodeo Parade. 4 / Adequate insurance has been provided and the Committee recommends approval of ~all three parade requests. SUMMER OFFICES PROGRAM - REPORT. 1 - Chief Racine submitted a list of summer officers (8),which includes 6 local residents. \Jhe Department has instituted,a cadet program for those high schqol graduates interested /in pursuing law Â¥ enforcement. .\ MISCELLANEOUS EOUIPMENT - AUTHORIZATION TO' PURCHASE. The Committee reviewed a reques~~to purchase misfellaneous dispatch equipment as follows: / Dual transcription system ~;,~Sx'...... $5,922.50 Computer/Printers ......;,w.... :j<.... 8,140.00 The transcription system/' was budg~ted at $6,000 and the computer/printers $8,500/ As both items\were within budget, the Committee recommends app*oval of the requebt as presented. \ ANIMAL CONTROL AGREEMENT - APPROVAL. The Committee reviewed an agreement for animal cont)Col service with the Larimer Coyfky Humane Society. The Agreement Â»rm is May 1, 1993-December/31, 1993 . In summary, Larimer County'Will pay the Town $500.Ootmonth and the Town will increase the Anfh,el Control Officer' s *Shedule by 8 hours/week. The service territoPX will be extended/to the unincorporated areas of Larimer County\ Town Attorr,f White has reviewed and amended the Agreement,'04 The commiltee recommends approval of the Agreement as amended by Â»wn Atteiney White. Administrator Klaphake noted that these such itelqp mgi be affected in the future pursuant to Amendment 1 (budge~ atlthority) . Â£ 00 RECIPROCAL AGREEMENT WITH SHERIFF'S DEPARTMENT - APPROVAL. L. 3. â€¢-~~~ Chief Racine reviewed said agreement which formalizes efficiencies .-' of both agencies. Town Attorney,White has reviewed the agreement. Commending both agencies for their effort in improving governmental efficiencies, the Committee recommends Chief Racine be authorized to execute said Agreement. PRopdhEOL ORDINANCE RELATING TO SKATEBOARDS. ROLLERBLADES-AND BICYCLES >DISCUSSION. Acting upon Chief Racineta-request, Town Alta:Eney White prepared an ordinance restricting skatdboard_s_,~fjoTIF'~ublic sidewalks, parking lots, streets, alleys, parks inefirding Riverside Plaza, Riverwalk or designated bike paths.ollerblade-restrictions are identical to those o f the skat#boards, with the exceptkthat rollerblades are allowed on Aes-f-4nated bike paths. Bicycles wiI-bbe_ restricted from public-rking lots, parks, including Riverside Plazad the Riverwl*T Based upon public safety issues, the Committeey Emoommends approval of the ordinance as submitted. MEMORANDUM OF UNDERSTANDING FOR MULTIJURISDICTIONAL LAW ENFORCEMENT The parties to this memorandum of understanding recognize that the Larimer County Sheriffs Department (Sheriff) and the Town of Estes Park Police Department (Town) provide law enforcement services in the Estes Park area. The parties also recognize that responsible and effective law enforcement sometimes requires officers from separate agencies to assist one another and to Act within the boundaries of another jurisdiction. The.parties wish to cooperate to provide effective and fiscally efficient law enforcement services to the people of the Estes Park area. Colorado law permits governments to cooperate with one another to provide functions and services. CRS 29-1-203. Sharing of Facilities and Support In consideration of the mutual promises and agreements herein, the Town of Estes Park Police Department will provide office space to the Larimer County Sheriffs Department for operation of its Estes Park substation located at 170 Mac Gregor Avenue. Included with the office space, the Town will also provide telephone, photocopying, facsimile~ceptioni~and teletype services. The Town will permit the Sheriff to store evidence in Town's evidence locker. The officers of the Estes Park Police Department will occasionally, as needed, provide prisoner transport for the Sheriff. Town will maintain 24 hour dispatch service for Sheriffs deputies in the Estes Park area. Sheriff will provide receptionist services for the Town, assist with special events and parades as needed and able, provide police coverage while Town officers are in training, share training materials with the Town, and support and maintain Town's computerized records management system (S.C.A.N.), and provide computer training on the system. Deputies will transport prisoners for Town, as needed and able. Arrest Authority Effective July 1, 1993, pursuant to CRS 16-3-110, peace officers have the authority to act in any Memorandum of Understanding Page 2 _____Â»situation in which a felony or misdemeanor has been or is being committed in such officer's presence regardless of whether such officer is in the jurisdiction of the law enforcement agency which employs such officer or in some other jurisdiction within the State of Colorado, when such officer has been authorized by his employing agency to so act. When a Town officer acts pursuant to this statute, he shall immediately notify the Sheriffs on-duty supervisor of the arrest, and the an-estee shall be released to the sheriff for processing. In the event either party requires the assistance of the other, the watch or shift commander of the requesting agency shall request the dispatcher to provide an officer to assist. The requesting agency shall be responsible for any liability imposed by the Colorado Governmental Immunity Act for the negligent or otherwise tortious acts of its officers and/or the assigned officer. CRS 29-5-108. The employing agency is responsible for Worker's Compensation Insurance coverage. CRS 29-5- 109. Similarly, any pension fund to which the officer or officer's survivors may be entitled shall not be affected by the assignment. CRS 29-5-110. Search Warrants and Other Investigative Functions A police officer's authority to conduct investigations outside his territorial boundaries is not limited by the boundaries, and a Town officer is not required to enlist the aid of a deputy sheriff to conduct lawful investigations. However, when it is time to execute a search or arrest warrant, a Town officer acting outside his territorial limits must enlist the aid of a local officer. CRS 16-3-305 requires sheriffs, coroners, police offices, and Colorado State Patrol, in their respective counties, to assist and aid in the execution of search warrants. Thesame rules ofliability under the Colorado Governmental Immunity Act, worker's compensation, and pension benefits apply to requests for assistance in execution of search and arrest warrants as apply in a request for assistance in the execution of arrests for crimes committed in the officer's presence or for other assistance. The same procedures for requesting aid to make an arrest shall be used to request aid in executing search and arrest warrants or for other law enforcement assistance. Colorado Governmental Immunity The parties hereto agree and affirm that nothing in this Memorandum shall be deemed a waiver of the defenses and limitations of the Colorado Governmental Immunity Act, Section 24-10-101, Memorandum of Understanding Page 3 C.R.S., et.seq., nor deemed to confer any benefits to any person not a party to this Memorandum. Termination This agreement shall becoine effective July 1,1993 and remain in effect until revoked or modified in writing. This agreement may be terminated by either party upon thirty (30) days written notice to the other party. 214 0,1 4 ac~le David Racine, Chief Date - Richard wfhockley, Sheriff < DA Town of Estes Park Larime/County Sheriff's Department ./ADFOR' PUBLISHING CO. RECORD OF PROCEEDINGS Public Safety Committee - May 20, 1993 - Page 3 bM fairgrounds. Ral~y' n the Rockies. Parade (motorcycles) scheduled August 27,/ 1993 *om 10-11:00 A.M. The proposed route is identical to that ~;,f the Roapo Parade. Adequate "insurance has been provided and the Committee recomAnds approval 04 all three parade requests. SUMMER OFFICER PROGRAM - REPORT. Chief Racine subkitted a list of summer officers (8) which includes 6 local residents\ The Department has instituted â‚¬6adet program for those high sqhool graduates interested 0 pursuing law enforcement. ... MISCELLANEOUS EOUIPMEN'* - AUTHORIZATION TO PURBHASE. The Committee reviewed a 2*quest to purchas,liscellaneous dispatch equipment as follows: Dual transcription syst:4 ......./1. $5,922.50 Computer/Printers .......\......4.... 8,140.00 The transcription system was Â»budgeted at $6,000 and the computer/printers $8,500. As b94 items were within budget, the Committee recommends approval ~f th~request as presented. ANIMAL CONTROL AGREEMENT - AF'PROVAL. ~ The Committee reviewed an,Cgreement for a;kinal control service with the Larimer County Humap@ Society. The AX,ement term is May 1, 1993-December 31, 1993/ In summary, Larime~County will pay the Town $500.00/month apd the Town will increasd*he Animal Control Officer' s schedule * 8 hours/week. The service\territory will be extended to the phincorporated areas of Larimer County. Town Attorney White Mhs reviewed and amended the Aeement. The Committee recommends approval of the Agreement as akended by Town Attorney White/ Administrator Klaphake noted that the'fe such items may be affegâ‚¬ed in the future pursuant to Amendmenfx 1 (budget authorityl,7/ \ RECIPROC~ AGREEMENT WITH SHERIFF' S DEPARTMENT - APPROVAL X~ Chiefiacine reviewed said agreement which formalizes effici~cies of 12,fth agencies. Town Attorney White has reviewed the agreemfnt. Copfnending both agencies for their effort in improving governmental Â«ficiencies, the Committee recommends Chief Racine be authorizhd 40 execute said Agreement. PROPOSED ORDINANCE RELATING TO SKATEBOARDS. ROLLERBLADES AND BICYCLES - DISCUSSION. /* E,---,:~ Acting upon Chief Racine' s request, Town Attorney White prepared an -- ordinance restricting skateboards from public sidewalks, parking lots, streets, alleys, parks including Riverside Plaza, Riverwalk or designated bike paths. Rollerblade restrictions are identical to those of the skateboards, with the exception that rollerblades are allowed on designated bike paths. Bicycles will be restricted from public parking lots, parks, including Riverside Plaza and the Riverwalk. Based upon public safety issues, the Committee recommends approval of the ordinance as submitted. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9.18 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, THE SAME RELATING TO SKATEBOARDS, ROLLERBLADES, AND BICYCLES WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to amend Chapter 9.18 of the Municipal Code of the Town of Estes Park. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. Chapter 9.18 is hereby amended as follows: 9.18.010 Definitions. - A. Bicycle. Means a device propelled by human power upon which any one or more persons may ride and which is composed of one or more wheels. Bicycle includes unicycles, tricycles and tandem bicycles. B. Rollerblades. Means a pair of shoes or boots which have attached wheels and allows the person wearing the boots to propel themselves along a surface. Rollerblades include rollerskates. C. Skateboard. Means a device propelled by human power upon which any person may ride, which is composed of one or more wheels, none of which exceeds four inches (4") in diameter and upon which is mounted a flat board or surface designed to carry one or more persons. D. Designated Bike Path. Means those public paths and rights-of-way designated as bike paths located and as defined in a separate set of descriptions bn file in the office of the Town Planner and Chief of Police. 9.18.020 Restriction on Skateboards. It is unlawful for any person to operate a skateboard upon a public sidewalk, parking lot, street, alley, park, including Riverside Plaza, riverwalk, or designated bike path within the Town. 9.18.030 Restriction on Rollerblades. It is unlawful for any person to operate rollerblades upon any public sidewalk, parking lot, street, alley, park, including Riverside Plaza, or riverwalk within the Town. Rollerblades may be operated on designated bike paths. 9.18.040 Restriction on Bicycles. It is unlawful for any person to operate a bicycle upon any public parking lot, park, including Riverside Plaza, or riverwalk within the Town. A bicycle may be operated on any public street, alley or designated bike path. Section 2. The adoption of this Ordinance is hereby declared an 'emergency in order to immediately control the use of skateboards, rollerblades and bicycles on public property; and WHEREAS, it is the opinion of the Board of Trustees that an emergency exists and this Ordinance shall take effect and be enforced immediately after itsÂ· passage, adoption and signature of the Mayor. 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 -B-f- general circulation in the Town of Estes Park, Colorado on the day of , 1993. Town Clerk -2- ....FOR'PUBLISHING.O. RECORD OF PROCEEDINGS Public Safety Committee - May 20, 1993 - Page 4 DESIGNATION OF HANDICAPPED PARKING SPACE/BROWNFIELD PARKING LOT - APPROVAL. Administrator Klaphake reported that EPURA has concurred with a request toÂ·designate one handicapped parking space in the parking lot east of the Brownfield building, next to Elkhorn Ave. and EPURA is formally requesting the handicapped space be so designated. The Committee recommends the request be approved. ESTES PARK VOLUNTEER FIRE DEPARTMENT. Ls. B. Mutual Aid Agreement with RMNP. The Committee reviewed a standard / Mutual Aid Agreement with Rocky Mountain National Park. The standard agreement is renewed on an annual basis. Administrator Klaphake reported that an agreement for the satellite fire station will be submitted in the near future. The Committee recommends approval of the Mutual Aid Agreement with RMNP. REPORTS. Chief Racine submitted a newly-formatted summary report for the Police Department. The Committee sanctioned the new format with a slight revision to year-to-date statistics. Chief Racine reviewed miscellaneous correspondence from February - May, 1993. The Second Annual Bike Safety Rodeo will be held Saturday, May 25, 1993 at the Park R-3 Schools; approximately 300 children attended the event in 1992. There being no further business, Chairman Hix adjourned the meeting at 11:20 A.M. /70- 9.~ 0.6Â£~ Â© dd-*~a-i j Vickie O'Connor, CMC, Town Clerk 1 MOU Agreement No. MU1520-3-9002 MEMORANDUM OF UNDERSTANDING between NATIONAL PARK SERVICE (ROCKY MOUNTAIN NATIONAL PARK) AND TOWN OF ESTES PARK, COLORADO (Estes Park Volunteer Fire Department) I. Background A. Purpose: 1. The purpose for this Memorandum of Understanding (hereinafter MOU) is to provide personal services and equipment required for both structural fire and wildfire suppression and the protection of life and property from fire on lands administered by Rocky Mountain National Park (hereinafter Park) and to nearby fire protection agencies. B. Authority: 1. The statutes found at 42 U.S.C. 1856, 16 U.S.C. lb(1) and 16 U.S.C. lb(8) provide authority for the National Park Service (hereinafter NPS) to enter into reciprocal agreements and render emergency fire fighting and cooperative assistance to nearby fire prevention agencies to extinguish fires and preserve life and property. 2. The Mayor of the Town of Estes Park has signature authority to enter into agreements with the Park regarding fire prevention and suppression services on Park administered lands. 3. The Park Superintendent has signature authority to enter into agreements with the Town of Estes Park (hereinafter Town) and the Estes Park Volunteer Fire Department (hereinafter Department) regarding fire prevention and suppression services on Park administered lands and to provide reciprocal assistance. 2 II. Statements of Work SUMMARY As further described below, the Park is loaning a structural fire truck (for use by the Department both inside and outside the Park), equipment, and a garage stall to the Town/Department without charge, in return for the Town/Department providing structural fire protection to that portion of the Park shown on the attached map. The Park will not maintain its own structural fire suppression force. The Park will, however, maintain its own wildfire suppression and management force and will provide wildfire suppression assistance outside the Park to the Town/Department, to the greatest extent possible, upon request. The Town/Department will provide such wildfire suppression services to the Park upon request (to the greatest extent possible) as are normally associated with the use of engines (pumper units) and water tenders (tankers) ; in this capacity, NPS wildland fire qualification standards for Department fire fighters are desirable, but not required at this time. The National Park Service will maintain its own wildfire control/management organization for suppression/management of forest, brush, and grass fires. The National Park Service will be the primary responder for all wildfires within Rocky Mountain National Park and will also assist the Department with the suppression of wildfires within the Estes Park Volunteer Fire Department service area upon request of the Department Chief, with available equipment and qualified personnel. A. Fire on Park Administered Lands: 1. In the event of a structural fire , the Town/Department agrees to: a. Be the primary responder for structural and vehicle fires, vehicle extrications (use of hydraulic or air powered tools to remove passengers from motor vehicles at accident scenes), and hazardous material incidents occurring within Rocky Mountain National Park west from Estes Park to the Trail Ridge Store and south to the Allenspark Fire Protection District's north boundary on Highway 7. The Park will not maintain its own structural fire organization but instead will rely on the Town/Department to provide structural fire protection within the area described on the attached map. 3 b. Maintain a substation and structural fire truck within the Rocky Mountain National Park Headquarters Utility Area, as specified in the attached special use permit, for response both within and outside the Park. c. Respond to and engage in the immediate suppression of all structural fires. d. Adhere to Park/NPS requirements when requested to do so by the Park Superintendent's designated representative. 2. The Park agrees to: a. .Provide initial fire extinguisher response to structural and vehicle fires. b. Cooperate and coordinate with the Department personnel in facilitating the Department's suppression of structural fires. c. Solicit and accept recommendations from the Department command personnel in structural fire prevention and reporting procedures, insofar as they do not conflict with Park/NPS policies. d. Allow the Town to use park hydrants and water reservoirs for fighting fires within and adjacent to the park. The park's maintenance division will provide, on an annual basis, a map of all hydrants, reservoirs, and significant water storage systems within the protection zone. 3. In the event of a wildfire, the Town/Department agrees to: a. Upon request, respond to the fire with available safety and fire equipment and personnel, to provide such wildfire suppression services as are normally associated with the use of pumper units and water tenders; in this capacity, NPS wildland fire qualification standards for Department fire fighters are not applicable. b. Operate all pumper units and other motor vehicles only upon established roads unless specifically authorized to drive off the established roadway by the Park Superintendent's designated representative. 4 c. Use no engine-powered earth-moving equipment for fire suppression on Park lands without specific approval by the Park Superintendent's designated representative. d. Recognize that Park/NPS policies and requirements may necessitate special or unique wildfire fighting procedures that may differ from Department procedures. The Department will adhere to Park/NPS requirements when requested to do so by the Park Superintendent or designated representative. B. Fire Adjacent to Exterior Park Boundaries: 1. In the event of a wildfire within the boundaries of the Estes'Park Volunteer Fire Department service area, the - Park agrees to: a. Respond to the fire, upon request, with available qualified wildfire personnel and equipment. b. Cooperate with Town personnel in suppression of the fire. c. Recognize and follow orders from the Town command personnel or appropriate Town/County authority. 2. In the event of a wildfire, the Town agrees to: a. Establish a clear command structure and provide orders and instructions to Park personnel. Incident command system organization and terminology should be used. b. Consult with the Park Superintendent's designated representative if the fire threatens Park administered property. c. For purposes of this MOU, the following persons will be considered, in descending order as the Superintendent's designated representative: 1. Chief Park Ranger. 2. East District Ranger. 3. Fire Management Officer. d. For purposes of this MOU, the Town command personnel are: 1. Chief, Estes Park Volunteer Fire Department. 2. 1st. Assistant Chief, EPVFD. 3. 2d. Assistant Chief, EPVFD. 5 e. Operations: (1). Suppression personnel/equipment will be activated as follows: (a) Notification and Response of the Department. The Department shall be notified through its dispatching system of any fire or fire related emergency located within the Automatic Response Area. The Department will respond with whatever apparatus, equipment, and manpower is available to the Fire Department at the time of the incident. The obligation of the Department to respond, pursuant to provisions of , this Agreement, shall be conditioned upon the Department's determination that the specified equipment and personnel are available for the response; that such equipment and personnel are not needed within the Town of Estes Park; and that the equipment and personnel will not be eXPosed to extraordinary risk of damage, injury, or death. (b) The Department shall request assistance from the Park through its dispatching system. f. General Provisions: (1) The Park and Town/Department mutually agree to the following: (a) In the execution of this MOU, employees or agents of the Town/Department are not considered employees of the Park or NPS. (b) Notwithstanding the provisions of Title 15, United States Code, Section 2210, the Town/Department agrees that the loan of the park fire truck and its associated equipment, as well as the making available of space in the park buildings to maintain a fire station, shall constitute the entire consideration for the Town's assumption of responsibility for suppression of structural fires inside the park as shown on the exhibit attached. The Town specifically waives reimbursement for any costs incurred in fighting structural fires pursuant to.this agreement. 6 (C) The Park shall not be bound to make any expenditures under this MOU, except as may be appropriated by the Congress of the United States. (d) The Park and the Town waive all claims against each other for compensation for any loss, damage, personal injury, or death occurring in consequence of activities pursuant to this MOU. (e) All suppression qualified personnel should be physically fit. (f) Personal protection equipment will be provided by the respective parties to this MOU. g. Termination of Response. The Fire Department shall be permitted to withdraw its person-hel and/or equipment from the scene of any incident in the Automatic Response Area when: (1) The personnel and/or equipment are released by the officer in charge of the incident; (2) The conditions at the incident create risk of injury or death to the Fire Department's personnel and/or damage to the Fire Department's equipment. (3) The needs of the Fire Department require the return of its personnel and/or equipment to the Town of Estes Park. (4) The decision to withdraw shall be solely within the discretion. of the Fire Department. h. Agreement Evaluation: (1) The parties will jointly review the results of this MOU at the end of each calendar year. The MOU may be amended at any time by the written mutual consent of the parties. The approved amendment will immediately become part of this MOU. III. Term of MOU A. The term of this MOU is five (5) years, commencing upon the date of signature of the final signatory party to the MOU. 7 IV. Kev Officials A. Park 1. The Superintendent has the authority and responsibility for managing this MOU on behalf of the Park. Telephone 586-2371. B. Department ~ 1. The Chief, Estes Park Fire Department, has the authority and responsibility for managing this Mou on behalf of the Town. Telephone 586-5331. V. Reports A. Each party is responsible for its respective timekeeping and other required records and reports. VI. Termination A. This MOU may be terminated by either party by providing sixty (60) days notice to the other party. B. In the event the Agreement expires and is not renewed pursuant to paragraph III, or is sooner terminated by either the Town or Park under paragraph VI, all property rented/loaned to the Town by park shall be returned to the park within sixty (60) days in as good condition as it was when loaned to the Town less normal wear and tear. VII. Required Clauses A. No member or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. B. During the performance of this agreement, the participants agree to abide by the terms of Executive Order 11246 on non-discrimination and will not discriminate against any person because of race, color, religion, sex, or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, or national origin. C. Compensation. No party to this Agreement shall be required to pay any compensation to any other party for any services. 8 D. Effect of Agreement. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by any of the parties hereto shall be deemed conclusively to be for the direct protection and benefit of such party. E. Colorado Governmental Immunity. The parties understand and agree that the Town does not waive the defenses and limitations of the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et sea. F. Benefits. Pursuant to Sections 29-5-109 and 29-5-110, C.R.S., if any firefighter or other personnel of the Estes Park Volunteer Fire Department is injured, disabled, or dies as a result of performing his services under this Agreement outside the boundaries of the Town of Estes Park, said individual shall remain covered by, and be eligible for, the worker's compensation and firefighters pension benefits which said individual would otherwise be entitled to receive if the injury, disability, or death had occurred within the boundaries of the Town. In witness whereof, the parties hereto have executed this agreement as of the day of 19 Chief, Estes Park Volunteer Fire Dept. Date Mayor, Town of Estes Park Date Superintendent, Rocky Mountain N. P. Date 1,~ADFOROPUeLISHINGCO. RECORD OF PROCEEDINGS planning Commission May 18, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess and Alma Hix Attending: Chairman Sager, Commissioners Amos, Brown and Burgess Also Attending: Trustee Doylen, Community Development Director Stamey, Public Works Director Linnane, Clerk O'Connor Absent: Commissioner A. Hix, Trustee Liaison G. Hix Chairman Sager called the meeting to order at 10:00 A.M. 1. MINUTES. Minutes of the April 20, 1993 meeting were approved as submitted. REOUEST FOR TIME EXTENSION. A. A. -9, Development Plan #93-1. Lot 2. Amended Plat of Tract A. Booth / Resubdivision. Johnson & Maria Lin/Applicant. The Applicant is requesting a time extension from July 9, 1993 to October 1, 1993 for completion of Â·a portion of Fall River Lane. The Applicant desires to construct the street at the same time as parking improvements are made, and after utility installation is complete. Bill Van Horn, representing adjacent property owner Daniel Nelson, requested the time extension be denied based upon the following: (1) the applicant has received a previous extension; and (2) Mr. Nelson cannot develop his - property (Lot 6) as the travelled way crosses his property-- the street is not located in the right-of-way. Upon research, Public Works Director Linnane confirmed that the roadway does bisect Lot 6, and suggested the Applicant be required to rough grade and gravel the proposed roadway and abandon the travelled way currently used. Mr. Van Horn confirmed that this solution would be acceptable to Mr. Nelson. It was moved and seconded (Brown/Amos) the time extension to October 1, 1993 be approved contingent upon: (1) a new Letter of Credit being submitted sufficient to cover current costs; (2) Applicant's engineer submitting a current cost estimate for the improvements, and (3) the Applicant rough grade, gravel and relocate the road by July 1, 1993 (paving will be postponed), and it passed unanimously. . Final Plat. Pine Knoll Subdivision. Second Filing. MaÂ«~6n Benjamin Jelsema/Applicant. The Commission pr ously c sidered and recommended approval of the annexati , zoning (E- state) and preliminary subdivision plat for this - subd vision. The final plat conforms with t se previous actio . Bill Van Horn, Applicant's Represen ive, reviewed the p posal, responding to staff's ecommendations, requesti all property pins be set pri to issuance of a building rmit in lieu of prior to wn Board approval. Sewer line stallation was the basis r this request as the engineer bel ves 3 pins may be de royed. However, staff advised that t Applicant could po an Improvement Guarantee for setting th pins. There ere no comments from the audience. Commi sioner comm ts included discussion on prevention/enforcem t of e roachment into the drainage easement. It was mov and conded (Brown/Burgess) the Final Plat of Pine Knoll Subd sion, Second Filing, be favorably recommended to the Tow Bo d contingent upon the following, and it passed unanim sly: 1. Add a te to the pla that addresses prohibiting encro hments into the d nage easement on Lot 1. 2. F alize the drainage design suant to the Public orks Department memorandum dat May 6, 1993. All utility services to be installe s requested by each utility. 4. All property pins be set prior to Town Board approval or post an Improvement Guarantee. IRIONRO PUBLIHING CO. RECORD OF PROCEEDINGS Planning Commission - March 16, 1993 - Page 4 '-' 7. CONSOLIDATED REVIEW of Pine Knoll Addition, 3.06 acres. Martin & Beniamin Jelsema/Applicant. 3,*. Annexation. Rezoning Request and Preliminary Plat. Kpplicant 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 SEt of the NWk 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 f corner of said Section 31; thence N 00Â°47'20" W., along the East line of the S.E. f of the N.W.k 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 89Â°07'00" W A distance of 247.74' to the East boundary of One Thousand Pines Subdivision; thence leaving said R.O.W. N 06Â°29'13" E along said East Boundary 648.56' to the South Boundary of Village Acres Subdivision; thence leaving said East boundary S 88Â°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 00Â°47'20" E along the East line of said S.E. & 644.40' to the true point of beginning. Also described as that portion of the SEk NWA, Section 31, TSN, R72W, Larimer County, Colorado described as the Easterly 3.3 acres of said SEd: 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 the State 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 Planning Commission May 18, 1993 Commission: Chairman Al Sager, Commissioners Wendell Amos, Mark Brown, Harriet Burgess and Alma Hix Attending: Chairman Sager, Commissioners Amos, Brown and Burgess Also Attending: Trustee Doylen, Community Development Director Stamey, Public Works Director Linnane, Clerk o'Connor Absent: Commissioner A. Hix, Trustee Liaison G. Hix Chairman Sager called the meeting to order at 10:00 A.M. 1. MINUTES. Minutes of the April 20, 1993 meeting were approv,~' as submitted. ~EOUEST FOR TIME EXTENSION. De~ehpm ent Plan #93-1. Lot 2. Amended Plat oC/tract A. Booth Resubdivhion. Johnson & Maria Lin/ADolicanlf The Applicant is requesti?49 time extension from July 9/1993 to October 1, 1993 for complb*J.on of a portion of 15.â€¢fl River Lane. The Applicant desiresPq construct the st,det at the same time as parking improvements'~E'e made, and yÂ¢ter utility installation is complete. Bill Var regnsenting adj acent property owner Daniel Nelson, r 1/Ehe time extension be denied based upon the followi T the applicant has received a previous extension; ai_ , Mr. Nelson cannot develop his property (Lot 6) as the 525*elied way crosses his property-- the street is not locat,6 in the 'Nght-of-way. Upon research, Public Works Director/Cinnane confbuned that the roadway does bisect Lot 6, and s,dgested the Applfbant be required to rough grade and grave.F' the proposed roah,y and abandon the travelled way odi:rently used. Mr. Van 119En confirmed that this solutiotyÂ¢ould be acceptable to Mr. Nelhj. It was moved and second,d (Brown/Amos) the time extension-~42 October 1, 1993 be approved contingent upon: (1) a new Letâ‚¬D~of Credit being pdbmitted suff icient to cover current (0114; (2) Appliptnt's engineer submitting a current cost estim61*4-for the/fmprovements, and (3) the Applicant rough grade, gra)il awl' relocate the road by July 1, 1993 (paving will lih 4,6stponed), and it passed unanimously. 1,11 Final Plat. Pine Knoll Subdivision. Second Filing. Martin & Beniamin --Jelsema/Applicant. The Commission previously considered and recommended approval of the annexation, zoning (E-Estate) and preliminary subdivision plat for this subdivision. The final plat conforms with these Â·previous actions. Bill Van Horn, Applicant's Representative, reviewed the proposal, responding to staff's recommendations, requesting all property pins be set prior to issuance of a building permit in lieu of prior to Town Board approval. Sewer line installation was the basis for this request as the engineer believes 3 pins may be destroyed. However, staff advised that the Applicant could post an Improvement Guarantee for setting the pins. There were no comments from the audience. commissioner comments included discussion on prevention/enforcement of encroachment into the drainage easement. It was moved and seconded (Brown/Burgess) the Final Plat of Pine Knoll Subdivision, Second Filing, be favorably recommended to the Town Board contingent upon the following, and it passed unanimously: 1. Add a note to the plat that addresses prohibiting encroachments into the drainage easement on Lot 1. 2. Finalize the drainage design pursuant to the Public Works Department memorandum dated May 6, 1993. 3. All utility services to be installed as requested by each utility. 4. All property pins be set prior to Town Board approval or post an Improvement Guarantee. 3-er Final Plat of Lots 5-18. Village Greens Subdivision. Neil 2.t. Rosener/Applicant. This subdivision is a revision of the Mi ----------E;' Casa P.U.D. which was originally approved in 1984. The lot arrangement has been reconfigured and provides for 14 single- family detached lots. Mi Casa Subdivision consisted. of attached dwelling units in 4-plex configuration. Applicant's representative, Jerry Miller, Architecture, presented the plat, noting that the Applicant concurred with staff's recommendations. Mr. Miller reviewed an adjustment of the zero lot line setback for Lots 5, 6 and 7, whereby the zero lot line would be changed to 5'. All other requirements would be the same, including the opposite side yard setback (20% of the width of the lot). The change is to allow for utility easements. Discussion followed concerning construction in and outside the building envelope with the intent that the side yard would remain clear of any structure. The Applicant, Neil Rosener, addressed the Commission reporting that the development proposal includes strict covenants, and that some areas outside of the building envelopes may be fenced. There were no comments from the audience. It was moved and seconded (Brown/Burgess) the Final Plat of Lots 5-18, Village Greens Subdivision be favorably recommended to the Town Board based upon the following conditions, and it pashed unanimously: 1. Construction of the drainage facilities across the golf course occur only during normal course closing. 2. Provide an Improvement Guarantee and Letter of Credit prior to Town Board approval (prices adjusted pursuant to the Public Works Department). 3. Revise construction plan, drainage plan and plat pursuant to the Public Works Department. 4. Provide required easements if natural gas servicia is anticipated. 5. Approval of the request to modify the setback, placing a limitation on the plat that no construction will occur in the side yards of Lots 5, 6 and 7. All construction to occur with the building envelope. ~ Bonnie Brae Addition. John and Peggy Lynch/Applicant. The 30.11 Amended Plat of Lot 34. Manford Addition. and Lot 34. -/ Applicant is proposing to adjust the internal lot lines between two existing lots which would eliminate a building encroachment across a lot line and provide for adequate building setbacks. The plat also dedicates a 25' road easement as street right-of-way. Applicant's representative, Bill Van Horn, reviewed the proposal stating that sewer facilities will be provided through Manford Avenue and that the easement has been amended to accommodate the line--the sewer line under the building will be abandoned, and a new easement will be provided. An existing telephone pedestal will be relocated. There were no comments from the audience. It was moved and seconded (Burgess/Amos) the Amended Plat of Lot 34, Manford Addition, and Lot 34, Bonnie Brae Addition be favorably recommended to the Town Board with the following conditions, and it passed unanimously: 1. Designate the access easement as "private." 2. Provide the following on the plat: bearing basis (p.o.b. and easements), dimensions of building setback from lot line and new lot designation. 3. Revise the dedication statement. 4. Correct the dedication statement and surveyor's certificate. 5. Provide natural gas line easement, if necessary. 5. SPECIAL REVIEW. .A. Amendment to Special Review and Development Plan #92-2. d ...~ ~lkhorn Lodge Property. 600 W. Elkhorn Ave., Jerry Zahourek. *+- Associated Properties. Inc./Applicant. The Applicant has submitted two additions/revisions to their concept plan: parking and use of the north barn. Parking. Staff proposed an alternate parking layout which would be radial in nature and follow the northeast side of the road from the existing approved parking, to the employee / housing building, and on the south side of the road, east of the "shops" building. Mr. Zahourek confirmed that staff's proposal was acceptable to him. Restrooms. Restroom fixtures at the stables have not been identified and the Applicant has stated that 70 people use 7 restrooms. Two hundred more users may overload these facilities and must be resolved with issuance of the building permit. The Applicant stated the facilities include 3 separate stalls and sinks for men and women. The barn will not be used at the same time as horse rides. Sound (music/dancing at the barn). The Applicant confirmed that amplified sound will be used at times at that sliding wooden doors will be installed and closed to contain the sound more effectively. There are holes in the barn roof and gaps in the boards on the west side of the barn - Mr. Zahourek confirmed that he' will repair the roof (24 panels), will replace missing boards, and is attempting to locate white fiber paint for the roof, which, in his opinion, will help mitigate the sound. The Applicant is sensitive to the neighbors' concerns, that the Code addresses acceptable sound, and that he also desires to protect the interests of his guests. Debris removal. The staff report included the statement that the Applicant should be required to remove all debris, building materials, vehicles, etc. from the premises around the barn and clear the materials in the barn itself prior to any public use. The Applicant stated debris removal is on- going. The Commission posed questions concerning use of the barn, associated commercial activities, designated parking for lodging guests, and restaurant/chuckwagon dinner participants, adequate restroom facilities, sound mitigation, and acknowledged a finalized plan had not been submitted with which to fully consider the request. The Applicant stated that he has accepted staff's parking modifications and that as the Code addressed -sound, the Commission need not confront this issue. The property is zoned C-0, however, he is concerned with the neighbors and will not let the sound get out of control. Commissioner Amos read a portion of Chapter 17.24.040 Disturbances A. Standard - "No sound, noise, ... shall be observable without instruments more than two hundred feet from the boundaries of the originating premise..., and B. Performance Compliance - "For a proposed facility whose future compliance with this requirement is questionable, the town planner may require that the applicant furnish evidence of probably compliance, whether by example of similar facilities or by engineering analysis." The Commission has received verbal assurance, but no technical assurance or evidence that sound will be controlled. Public comments were heard from Gordon Hobert, Roy Jones, and Connie Phipps all of which expressed concern with sound problems. Chairman Sager acknowledged a petition in opposition to the amplification of music containing 49 signatures plus one letter dated May 14, 1993. Chairman Sager also stated that the sound control methods need to be specific, and that paint on the roof probably would not contain sound. BRAD FORD PUB LISHING CO. RECORD OF PROCEEDINGS --- Planning Commission - May 18, 1993 - Page 8 Commissioner Brown stated that the Commission has three items to consider: (1) is the use appropriate on the site. This is a commercial area and commercial uses are appropriate. Mr. Zahourek has vaguely identified three different types of uses for the barn. There is no difficulty with the type of use; however, there are two other issues--on-site concerns, protecting the public from hazards on the site and perhaps the Applicant to some degree. Some of the issues that have not been adequately addressed include: parking location and proposal that parking only be identified with fence posts or split-rail fence but not surfaced in any fashion, indicating in his written proposal that he does not feel the natural grass would be damaged because the use would not be heavy enough to create a problem. Driving on grass on any regular basis does need to be surfaced. Locational aspects--although we have heard a concurrence with some sort of radial design as proposed by Director Stamey, it falls to the Applicant to have a plan drawn and presented--not sure what is being described. Restrooms: food is being served, entertainment is being Â· dispensed. Code provisions are very plain, Mr. Zahourek has indicated in his presentation today that he would like to comply with the Code, and yet he is proposing that customers can walk 200 feet to the restroom, which does not conform to the Code and until that is brought into alignment, I find the application to be inadequate on that count. Also, the question regarding pedestrian safety as they are traversing the parking lot or whatever to get from the barn area where potentially they may be consuming alcoholic beverages and trying to traverse their way in whatever condition to the restroom. Those are the on-site concerns and they are quite valid. Mr. Zahourek is required to meet the Code but I think we also have an obligation to protect applicants from themselves or any potential hazard from themselves. If Mr. Zahourek has 200 or 300 people in this location for a function and the Town gets a ,complaint he may be in a heck of a pinch to have to shut down after he's made promises to these folks of like entertainment and the Planning Comniission is obligated to take these things into consideration and in my estimation, the facility that's being proposed for regular usage with amplified sound, etc. or natural music whatever, in this location is probably inadequate to meet our Code and I think the charge we're given in the face of all of these deficiencies is to deny the application and I would so move. Commissioner Amos seconded the motion and it passed unanimously. Chairman Sager advised Mr. Zahourek that he has an opportunity to submit material to the Planning Commission to prove that these concerns can be mitigated. 6. REPORTS. Director Stamey reported that the presentation of the Stanley Historic District Master Plan will be rescheduled. There being no further business, Chairman Sager adjourned the meeting at 1:28 P.M. 1 *tiLLÂ· d) d,#-Â»a_U Vickie O'Connor, CMC, Town Clerk March 29, 1993 Estes Park, CO RE; Elkhorn Lodge proposed amplification of music from barn. Planning Commission Estes Park, Colorado Dear Members: The undersigned owners and/or residents of Elkhorn Club Estates Subdivision and other interested community residents hereby register their strong objection to the proposed amplification of music in projected plans of the Elkhorn Lodge barn area. The barn in question is old, dilapidated with cracks and holes in the walls and a roof with many missing pieces. It will not contain the amplified sounds. Some homes are directly across the street from the barn and others are within easy hearing of the barn and outside Lodge area. We have experienced the effect of music amplification from at least one previous Elkhorn Lodge entertainment effort. The music was loud and easily heard in our housing area many 100's of feet from the source. -4= Of (L- 1 :0 0242219/ 94 442/ 9 45 014 /'LA 0\A A . uw w, i 1 --31Â£0Â·0~___... 11-0 Flefful, w~QJ-~Â·1~.~OAUL? evs 0111#Hwalib. A-) ( .Y k U 114_ 8 6 0 EbU Â£10-y/ be' 41 -1.94Lw 9 6 / aLP PA /Â¢6062. 042, -.-D I g ~\22-7 21 2 0 1 FA L L R) 02 jÂ¢ AA, c;(0 / â€¢4Â£F â‚¬Ue_ ~ZL- AY; K. 'ivil 9 7, 01,2 R ***k Rf 92 L (D,U )2AigA-) b~ Z jI) oll A wA Al o H /1--6 ir, i ine, -?4tw 4. 4Â« Lile . - 9 z_ 1- 6 011:> M~An M A- oupl A ip LA * .. - , Continued 3/29/9 3 Elkhorn Lo#ge proposed amplification of music from barn * 1144,: 8 - ilij j 3 6 LLâ‚¬-30+K~ a- 1 114= 6>f) Lf~Â» a- u) â€ž~_, (r tr Ul --L.*pic,0.99-L.. 490 344 an-e hut '4.*u pl 1.19-+9 13 1 0,11 YMÂ« 9 4 ,Â£77 OLL /197 /4 97,7- Z-104 6 /941-0 all Old_#I *vi Fl +A Â· 41-4 C 2-9'106Â£- 7~*Yz*vu. /400'Le-- ' 6 1 <3 01'0'un- 0-90 48 YllfLAA (14. ~22 .~ '*loard-- if- 44-QÂ©t- A 9-0 02 -33~Â£,t,0.384-0-2 / 24 4( 7 at R /(1=-r A. 3WA.<4.aL._ \3 1 0 lA, 01/4 4 Mit L,4 f ~tle-l.,LACLU- l 3 1 â‚¬31,1 Flaw Ult,.. . (9-8 96 1 01Â£4704Â£ ---*49 41 i tuAl 9 21) 613 A 6..1,,A. LQA . - 1 19Â·ttl:::~11(lk,41 -9 30 . 0)d kj,~ 1,A- LA 1- 644 4 DL-U 1 60 6/6 697 tr U r. 'ac rÂ» CAk/. 1,/91-, *0 0/4 El,nifnA DrE i,lfj.~YJ C. / Cir*$. 41 55 6 'k, 911,64- \1~a~po icaluâ€ž j,jk 21Â£*o ~,ymÂ» 44- FYMJLM J '~u,knnld Â£ 5 40 0 o,nu, 31 Ij / t ,1 4_ If Â£ e' 15 /u-1--I 6 1 5- Py - O-0.-R,+1-~ Gui, 4-4- 566 3 LO . 2_9,40*Odvn J C /79 /7 0-53 63- 6/Ater,o #l/' Qi.qi,4 C- 1 4%2, A C N ('JO, LLEFATRV&4Rf â‚¬198-t-ha l/Â·ck r-=0yf?22 1-*-EAX 1 / L.44_11%44 y /1 Pib= 0 n f X ' Continued I I. Elkhorn Lodge proposed amplification of music from barn. 3/29/93 laU 335 3-Iler Sk- 0244 0 4 ANdÂ» 361 /4 i kle w br. Â«244 62 J | i B.Â«VIU,~k u 66 L, r,72 69114)14 (J 9.-3 09 6 L '617 OiL.' 1 ,7 -/ 8.kit.t &.9(, 4Uttilly,-1 1 i , . Â»27' -22'Â· tf b Uj ~ , L. Fl.Â«d & AL..,-4 E Â¥ O 01# Re ,â€¢0k BA _Cla. P rur .376- C/u- /1 P / 77_Â£,le-,+u E. - Â£/1-U~ a 0 0 --01-2â‚¬ Al- ie -4- U#Â· PUL Ull,46 -3-1,21 Petition signers are adult property owners/residents in the Elkhorn Lodge vicinity. P. fro K n f 1 May 14, 1993 TO: Honorable Mayor Dannels and Board of Trustees FROM: Gary Klaphake ~ Â·A-0- Town Administrator RE: BOARD UPDATE Planning Commission Mayor Dannels has reviewed the applications for the Planning Commission. He will be recommending the following names for appointment at our next Town Board Meeting on Tuesday, May 25, 1993: 1-5. Mike Miller, term expiring April, 1994 Ed Pohl, term expiring April, 1998 I have attached their applications for your information. In the case of Mr. Pohl, he will be required by statute to resign from EPURA. p2Rbâ€¢uz Litigation I have attache2i--9 a summary _Empertlirepared by Town Attorney White on pending liti*fbi FEr our active Town, this list is relatively small.-- -+-44- Normally, ~this report just goes to the>Elle. Because of new membe-on the Town Board and as a refresher, Qu ht you might WArrE to review these documents. No action is require. I '1 r >432 ~folf TOWN OF ESTES PARK ~:m~i-29~<fir--Â£,9IAW2Â£~Â£tÂ·f~-4-jÂ·~ L>u- t.42- , , -1,32*741#IBA482;=2-ibktgivvt>.44 / *_ 23*10:OF,Fel /---I'l-- Â£ ---4=DÂ¢~'.;31.4 4 7,6. efy< rn Â· 1 MEMORANDUM TO: Board of Trustees FROM: Monte L. Vavra, Finance Officer 7ct_ DATE: May 20, 1993 SUBJECT: Ben Forbes Art Program Cash Donation Mr. Ben Forbes donated $5,000 to the Town of Estes Park in 1992 to be used to offset expenses incurred for the Summer Art Program. Range Realty also donated $100 toward the Art Program in 1992. Mr. Forbes set up an art collection display in 1992 in Room 203 of the Municipal Building. Funds were used to purchase lighting and locks, to repaint walls, for printing of brochures, etc. Expenses incurred were tracked and paid out of the donated cash. A total of $2,711.16 has been expended to date, leaving a balance of $2,388.84. Mr. Forbes' letter to Gary Klaphake of May 5, 1993, requested the balance of this fund be transferred to the Cultural Arts Council of Estes Park (CACEP) with the provision that they donate $1,000 to the school system. Mr. Forbes requested the school use the money equitably between the three schools (high, middle, and elementary) to enhance the visual arts. I recommend the Town Board accept Mr. Forbes' suggestion and pay the balance of $2,388.84 to CACEP with the provision that they donate $1,000 to the Park R-3 School District. (303)586-5331 â€¢ RO. BOX 1200 â€¢ ESTES PARK, CO 8051 7 â€¢ FAX (303) 586-281 6 ADMI N ISTRATION â€¢ FAX (303)586-6909 OTHER MAY 5 1993 22â‚¬R.o. Box 2015, NSU 721 - Â·.-40_ Ben L Forbes â€ž . *Thibodaux, LA 70310-2015 N ir*84'--'r-=i:e=-4,â€¢.-1--apÂ£tI~*~ 94% 4:544&*LAL 71â€žt- 4;t . 2 - 1 Â· ,1 ' 1*;-vu p 4.41.Â£> FLark_ f 1./ 0* C . ubt x / 1071 ESE-u A441- Ce % c â‚¬ i Â·7 4 - U 'C-. 4 - 14*L.',f 11 /ZE : A87+ Atc,6<c.$1 ci= 651-Es /~04â‚¬K ''/2,;~D" /54,-4-46 . -1 Ch , L k.1 I *21)jUAL LEN 3~04~ tv â‚¬46 -- 0. 9-71 ~ c_ Â£<_e- (-1.-10:1 Â¢ Â»*Â« 6-il-,1 4. 7- L-+1 yark .yfu. 0,1 -7fcÂ·QL- 25(221 -GÂ·EL ...~ C~91,L GU.,CÂ¢L .k:- c-1 4 7~ AJEt Â£81 Qu..0 -- CO- 2-11 - 4 - z<-2.- - 75'i-- 4Â¢2 e~.--gi]~ ~0-5- 76 771 IR/7/ 7- 41. P (36- ,Â«t- '690 zi- 50,#Ad WO-- 25<46 4 4 1 i 1.0 0- r '.: .941>846124. h..~cÂ·*12 ,-646Â·. Dit<EL-G j.< /6/4-7 /6Â·1 6:J-/3 Lifi , d&+ 1</.4- 1 -- r i .14 WOM, c E 'LIA 71 T ,27(1 627-4,~7&64.- -~~ -4.22,2;CIL,-7~â‚¬~4,liT CdcÂ£-/7 Â»Â»C,ZA- 11<--A CCEIT < - J - <-6 .<L...2 772 ~t- 72~ C Â£4 Â»2-,32+46., A A Â· 4 . 6 154 0 + U '*~t*e-C: cLE C 1 #CM<1 4 _,jilt.10<524 V -12 --2/72'v,~4)Le;Â¢ t'2,/ 42-<16 j. , 1,3 0.0.- :,12(.1/- Eks.- 6 CLAGE P cLâ‚¬~t -te. .4 '' 447-uiue -tful- rE-~t\2 24 AAÂ£(01 4/ g coo e of- -k -k -7/1_ 2 ff #~-<~Led.k- 4 ct te-k- A.+905.- 75 --6.Â·41 ~0 ALL -473729-71 - i.<0 fLE.2>~ ,.Â«4 7%1 t,--cu-c-iLLÂ¢ ~~222 1 0 1 i f 4 1 e. c -- L -2-t~k,"2--AL,-'<cl ,- e,A<4&34- - -1. g<lut C.1_ ~~ ~~ 24-4 ~7Kb- Â·ztf' vy-5 ,â€ži-4- Li -AL- -C- EL/'-7,Â«L, 16Â£- \ 1~1 (2/-K,22Â£' -12 '2>1 -t)L,UIL; l.; -C.J-Â·-+\ 4,4. acitn. lEI i CÂ«:44/611 1 24151 -4-2, ,u; 72 . LCM 6. C.2 i ) ,(-:Va'i. ta,4- Lc-~-tz, 3.P-~ ZkÂ©L . j] 1 Â·AN *te /Mu.~ tu< 414 ..1 Â»Ca ki *UNLA ~t- 6222' /1-4 -1 ~,Â»~ 38 -04-Â£0734-<4 EL ~4 4#d/-7LL,jl jÂ©,-wÂ·.1,0- *.c4 ic-cl-/2.--,-d Lit/A . jf..-t lyL- \ 1+3,-Le_ , 9-.,L.--47 -6-â‚¬-u--'t>91Â£99 -a,2-â‚¬21~..t~X , â€ž~_ U d .,4*f Aw R~~e->teÂ»-ch, 4 eic-222-=-< 43.oU*- /7 . Â»2~ uL Â£,12--c- 41 E-th Â£ . ' 3 - ~1 - Lif~S-<.4,/Mij />U 1 6 LL. t,- 3 1 I . 1/ 32,4 L . RÂ·<6 2% j MAY 2 0 1993 HAMMOND, CLARK AND WHITE LAW OFFICES BANK ONE BANK BUILDING. SUITE 418 LYNN A. HAMMO NO 200 EAST SEVENTH STREET ALFRED P. DAVIS ROGER E. CLARK OF COUNSEL LOVELAND, COLORADO 80537 GREGORY A.WHITE 303-667-1023 MARTHA P. ALLBRIGHT TELEFAX 303-669-9380 May 18, 1993 Edwin L. Davis P.O. Box 3400 Estes Park, Colorado 80517 RE: Suspension/Revocation Hearing- Coyote Moon Dear Mr. Davis: This letter is written upon my receipt of a copy of your letter dated May 14, 1993 directed to the Town Board. Please be advised that it will be my recommendation to the Town Board not to continue the hearing currently scheduled for May 25, 1993 on the Order to Show Cause issued by the Town Clerk to your client, Laurie Keller d/b/a Coyote Moon Nightclub. On April 2, 1993L You filed,a written request for a continuance of the hearing that had been scheduled. on May 11, 1993. The Town Board did grant that request for a continuance to - May 25, 1993 to allow you adequate time to prepard for the hearing. It is my opinion, and have so advised the Town,Â· that hearings before the Town Board on possible violations of the State Liquor Code are not required to be held after final disposition of any criminal charges which may arise out of the same set of factual circumstances. I am writing this letter to you only to inform you of my opinion which will be given to the Town Board on May 25, 1993. You have the right to make a request of the Town Board at that time for a continuance as outlined in your May 14, 1993 letter. Please be advised, however, that in the event that the Town Board Edwin L. Davis Page 2 does not grant your request for continuance, that the matter has been set for hearing on May 25, 1993 and you should be prepared to proceed at that time. If you need anything further, please do not hesitate to give me a call. Very truly yours, Gregory A. White GAW:jc cc:/Vickie O'Connor Town Board , . EDWIN L. DAVIS â€¢ ATTORNEY P.O. BOX 3400 ESTES PARK, CO 80517 BAPY % 01993 303-586-2285 May 20, 1993 HAND DELIVERED Town Board c/o: Vickie O'Connor Town of Estes Park Re: Town Board Hearing, May 25, 1993 P.O. Box 1200 regarding Coyote Moon/Laurie Keller Estes Park, CO 80517 Liquor License To The Town Board and Vickie O'Connor, Clerk: This letter is to request that the Town have a court reporter present at the May 25th hearing to record all proceedings which pertain to the above liquor license suspension/revocation matter. ALLAck ZU., Â¥403 - Pe I believe it to be mandatory that the Town have a Court Reporter present at all such liquor license hearings, under the holding in Sheelv v. Board of County Comâ€ž 325 P. 2d 275 (Colo. Sup. Ct. 1958); and in keeping with the spirit of Art. 12-47-141, which provides for judicial review of the transcript of such hearings. As the Board was previously advised, at least 2% hours will be required for Ms. Keller's presentation, in order for her to present her evidence in response to the show cause notice. In the interest of all concerned, I'm requesting that her license hearing be placed as the first matter to be considered by the Board. If the Town is not going to have a Court Reporter present for such hearing, please advise me immediately. Very truly yours, Â«,9 u 8,73 lidwin L. Davis Attorney for Laurie Keller/ Coyote Moon ELD:mh CC: Greg White Hammond, Clark & White Box 701 Loveland, CO 80537 MAY 1 7 1993 EDWIN L. DAVIS ATTORNEY P.O. BOX 3400 ESTES PARK, CO 80517 303-586-2285 May 14, 1993 Vickie O'Connor Town Clerk Town of Estes Park RE: Postponement of Liquor License P.O. Box 1200 Suspension/Revocation Hearing - Estes Park, CO 80517 Coyote Moon/Laurie Keller - Now Set for Mav 25. 1993 To the Town Board: The pending criminal charges which relate to the above hearing have not been finally disposed of. - -Although I have not been advised of a specific date, I anticipate a final disposition of the charges sometime during the latter part of June, 1993. Therefore, for the reasons stated in my first request for postponement and those set out above, I request that the Town Board reschedule the above referred to hearing to some date in the first part of Julv, 1993. Respectfully submitted, r - *4.-64,3--9 Edwim t. Davis Attorney for Laurie Keller ELD:mh Encl. . r.f p NO 0tz. to 'i 4 : 1/ g TOWN OF ESTES PARK ..mi*ily, 9 '91 ast. ,"2 4- 40 - 22*>ter, i- <:- :.Vt.ty A.Eg, -:541Â·Ad&&WW~*REZii,*IM~~1@.'.~f - r Nm Â£6,9 393 -1 1. B 9,4-, ft!/402* aâ€¢k,â€¢Â·Â· t -Â·e.:61 *-f.~ftitti Y,. 4/ 9.-:.. -:49.1. 1 --1.*,17Â» C /1 a April 26, 1993 Mr. Edwin L. Davis, Attorney Post Office Box 3400 Estes Park, Colorado 80517 Dear Ed: Thank you for your letter dated April 22, 1993 requesting a postponement of the Show Cause Hearing for Coyote Moon Nightclub which is scheduled May 11, 1993. Please be advised we have granted the postponement to Tuesday, May 25, 1993. Sincerely, TOWN OF ESTES PARK Vickie O'Connor, CMC Town Clerk '303) 586-5 331 â€¢ P.O, BOX 1 200 â€¢ ESTES PARK. CO 8051 7 â€¢ FAX (303) 586-281 6 ADMIN ISTRATION â€¢ FAX (303)386-6909 OTHER APR 2 6 1993 6 EDWIN L. DAVIS ATTORNEY P.O. BOX 3400 ESTES PARK, CO 80517 303-586-2285 April 22, 1993 Vickie O'Connor Town Cierk Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Re: Liquor License Hearing for Laurie Keller d/Wa Coyote Moon, Scheduled for May tlth, 1993 Dear Vickie: Per our conversation on April 22, 1993, please be advised that I have been retained to represent Laurie Keller d/Wai Coyote Moon in connection with her alleged criminal violations of the Liquor Code and the liquor license suspension/relocation hearing which is presently , scheduled before the Town Board for May 11, 1993. This letter is to request postponement of the liquor license hearing to a date after the criminal charges have been finally disposed of. Under Colorado law, the possession of a liquor license has been held to be a "property" right, and as such Ms. Keller must be afforded due process of law. In fairness to Ms. Keller, it is submitted, the Town Board's hearing should not be held until the criminal charges have been finally determined. A date for trial on such charges will be selected on May 6th. I will advise the Board of such trial date as soon as it is known, so that the Board can schedule another hearing regarding the liquor license issue. The outcome of the criminal proceedings would have a bearing on any decision the Board would make at its hearing regarding Ms. Keller's liquor license. Therefore request is made that the Town Board hearing be postponed until after the criminal matters are disposed of. -.W . Should the Board deny this request for postponement of the March 11th license hearing, Ms. Keller will be compelled to present her entire case to the Board, which will require a very lengthy hearing. In any event, since I have just been retained in this case, my schedule will not permit adequate time be spent in preparation for a hearing on May 11th. Please advise me promptly whether this request is denied or granted. Very truly yours, 'Edwin L. Davis ELD:mh . May 21, 1993 MEMORANDUM TO: Mayor Dannels Board of Trustees Town Administrator Klaphake FROM: Vickie O'Connor, Town Clerk 7/0 SUBJECT: Procedure - Show Cause Liquor Hearings The show cause liquor hearings should be conducted in two (2) phases: 1. Chief Racine will present the case. The Board will "find" if a violation-(s) actually occurred. 2. Public comment will be allowed following the "finding". 3. Staff Recommendation. If violation(s) are found, a decision on the penalty must be reached and a "Findings and Order" will be issued. L BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, ESTES PARK, COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: LAURIE J. KELLER dba COYOTE MOON NIGHTCLUB 800 MORAINE AVENUE B ESTES PARK, COLORADO 80517 WHEREAS, it has been made to appear to the Board. of Trustees of the Town of Estes Park, Colorado, that there is probable cause to believe that you have violated the statutes and/or the Rules and Regulations of the Colorado Liquor and Beer Code governing your license in the following particulars: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ALSO ATTACHED AS EXHIBIT " B" AND INCORPORATED HEREIN BY REFERENCE IS A COPY OF THE INVESTIGATION REPORT OF THE ESTES PARK POLICE DEPARTMENT. NOW, THEREFORE, you are hereby ordered to appear before this Board at the Board Room of the Town of Estes Park Municipal Building, 170 MacGregor Avenue, Estes Park, Colorado, on Tuesday, May 11, 1993 at 7:30 P.M., or as soon there'after as you can be heard, to show cause why your said license should not be suspended or revoked as by law provided. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. If a postponement of the hearing is desired, it should be made in writing to the Town Clerk at least seven (7) days prior to the above-mentioned date. A postponement will not be granted except for good cause shown. If you should fail to appear at the aforementioned time and place, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor and Beer Code may be suspended or revoked. Please be further advised that if this authority does find you in violation of any of the above-cited section(s) of the Colorado Liquor and Beer Code, then it may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor and Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned licensee. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this 02 / 46- day of *.64#U... , 1993. J TOWN OF ESTES PARK, COLORADO By: C 1 6710_ (0 - (72-J Town Clerk EXHIBIT "A" APPLICABLE INFORMATION ON ALLEGED VIOLATIONS STATUTES VIOLATED: 12-47-128 (1) (h), C.R.S.: It is unlawful for any person to ... consume malt, vinous, or spirituous liquor in any public room on such premises during such hours as the sale of such liquor is prohibited under this article. 12-47-128 (5) (c) (I) (A), C.R.S.: To sell, serve, or distribute any malt, vinous, or spirituous liquors at any time other than the following: for consumption on the premises, on any Tuesday through Saturday and on any Monday which falls on a January 1, beginning each day at 12 midnight until 2 a.m. and from 7 a.m. until 12 midnight. A. It is alleged that on-or about March 12, 1993 the Police Department observed people inside Coyote Moon at 0348. Closer look discovered several people consuming alcohol. Subjects contacted, identified, and advised that it was ill*gal to consume alcohol after 0200 hours. Five bottles of beer were taken as evidence. EXHIBIT "B" ESTES PARK POLICE DEPARTMENT FIELD INCIDENT REPORT OCA NUMBER 93-07-0607 ESTES PARK POLICE DEPARTMENT OCA NUMBER 93-07-0607 FIELD INCIDENT REPORT Place of Occurrence: Coyote Moon Nightclub 800 Moraine Avenue Estes Park, CO Ph: 586-6304 Case Status: ACTIVE (Assigned to Investigations) Incident Date: 031293 ' Date Assigned: 031293 Incident Time: 0348 Time Assigned: 0348 Date Reported: 031293 Time Arrived: 0351 Time Reported: 0348 Time Completed: 0434 Total Time: 46 Incident Name: UNLAWFUL ACTS-BEER POSSESSION Property Seized?: N Evidence Seized?: Y Synopsis: Observed people inside Coyote Moon at 0348, closer look discovered several people consuming alcohol. Subjects contacted. identified, and advised that it was illegal to consume alcohol after 0200 hours. Five bottles of beer were taken as evidence. Additional Case Information Premises: 0104 Business Individuals Involved 1. BO/ COYOTE MOON NIGHTCLUB Wk Add: 800 Moraine Avenue Estes Park, CO Ph: 586-6304 2. SB/ KELLER, LAURIE JANINE DOB: 060864 Age: 28 SSN: 401-15-6394 Race: 01 Sex: F Hgt: 504 Wgt: 135 Hair: Red Eyes: Bro Hm Add: 800 Moraine Avenue Estes Park, CO Ph: 586-6304 Wk Add: Ph: 3. SB/ BASINGER, BRENT DOB: 032457 Age: 35 SSN: Race: 01 Sex: M Hgt: Wgt: Hair: Eyes: Hm Add: 800 Moraine Avenue Estes Park. CO Ph: 586-6304 Wk Add: Ph: 4. SB/ GRACEFFA, ANTHONY JOSEPH DOB: 092170 Age: 22 SSN: Race: 01 Sex: M Hgt: 510 Wgt: 165 Hair: Bro Eyes: Bro Hm Add: 2451 Dry Gulch Road Estes Park, CO Ph: 586-3158 Wk Add: Ph: f ESTES PARK POLICE DEPARTMENT OCA NUMBER 93-07-0607 FIELD INCIDENT REPORT . 3 8 Individuals Involved (Continued) 5. SB/ JACKALONE, AHREN WALKER DOB: 030473 Age: 20 SSN: Race: 01 Sex: M Hgt: 511 Wgt: 165 Hair: Bro Eyes: Bro Hm Add: 2451 Dry Gulch Road Estes Park, CO Ph: 586-3158 Wk Add: Ph: 6. SB/ KURFMAN, JAMIE LYNN DOB: 103158 Age: 34 SSN: 522-15-7722 Race: 01 Sex: F Hgt: 501 Wgt: 110 Hair: Bro Eyes: Bro Hm Add: 857 Moraine Avenue Estes Park. CO Ph: Wk Add: Ph: 7. SB/ RuMLEY, JACK THOMAS DOB: 122858 Age: 34 SSN: 521-04-0980 Race: 01 Sex: M Hgt: 601 Wgt: 170 Hair: Bln Eyes: Grn lim Add: 1611 High Drive Estes Park, CO Ph: 586-2445 - Wk Add: Ph: 8. SB/ HUSLER, TROY ERNEST DOB: 110964 Age: 28 SSN: 025-52-9106 Race: 01 Sex: M Hgt: 507 Wgt: 150 Hair: Bln Eyes: Blu Hm Add: 1437 Narcissus Estes Park. CO Ph: Wk Add: Ph: 9. SB/ SWAN, ROBIN KERRI DOB: 121361 Age: 31 SSN: Race: 01 Sex: F Hgt: 503 Wgt: 103 Hair: Bln Eyes: Blu Hm Add: 511 West Elkhorn #19 Estes Park, CO Ph: 586-0945 Wk Add: Ph: