Loading...
HomeMy WebLinkAboutPACKET Town Board 1997-09-09I . Prepared 9/4/97 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and our natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 9,1997 7:30 p.m. AGENDA PUBLIC COMMENT , 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 August 26, 1997, and Special Meeting dated September 2,1997. 2. Bills. 3. Committee Minutes: A. Public Works, August 28,1997. B. Community Development, September 4,1997. C. Board of Adjustment, September 9, 1997 (acknowledgment only). ACTION ITEMS: 1. Larimer County/Town Intergovernmental Agreement Establishing a Joint Planning Commission, etc. (Continued from August 26, 1997) - Approval. 2. Public Hearing: Nytes Replat of a Portion of Lot 37, White Meadow View Place Addition, Steve R. and Barbara J. Nytes/Applicant (Continued from August 12,1997). 1 3. Bluebell Water Main Project - Approval of Budget Expenditure. 4. Carbon Feeder - Approval of Budget Expenditure. 5. Spruce & Rockwell Street Bridge Construction - Approval of Budget Expenditure. 6. Powder River Rodeo Productions, Inc. Agreement - Approval. 7. Wireless Sound System/Elkhorn Ave. - Approval of Budget Expenditure and Associated Four-Year Lease Purchase. 8. RRC Associates Agreement - Approval. 9. Re-Appointment - Polly Gunn, Estes Park Urban Renewal Authority, 5-Year Term, Expiring September 14,2002. 10. Advertising Advisory Council - Mayor ProTem Doylen. 11. Town Administrator's Report: A. Stanley Hall Preservation Roof Contract - Approval. B. Video: "Municipal Government: Where Your Voice is Heard", prepared by the Colorado Municipal League. Note: Due to Veteran's Holiday on Tuesday, November 11% the Town Board meeting will move to Wednesday, November 12th at 7:30 p.m. 2 Town of Estes Park, Larimer County, Colorado, August 26, 1997 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said .Town of Estes Park on the 26 day of August, 1997. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker, John Baudek, George J. Hix, William J. Marshall, J. Donald Pauley Also Present: Gary F. Klaphake, Town Administrator Greg White, Town Attorney Deputy Clerk Kuehl Absent: None Mayor Dekker called the meeting to order at 7:32 p.m. Medal of Valor Presentation: Police Chief Repola presented the Medal of Valor to Captain Gregg Filsinger and a Letter of Recognition to Larimer County Deputy Tim Sullivan for their rescue efforts during a drowning incident on July 17, 1997. Mayor Dekker commended Captain Filsinger and Deputy Sullivan, extending that praise to the entire department. PUBLIC INPUT. Patrick Cipolla, 632 Aspen Ave., requested that public input be. allowed at the beginning and end of each meeting. Administrator' Klaphake explained that citizens requested public input at the beginning of the meeting for items not on the agenda, adding that any item on the agenda is open to public comment when that item is being discussed. Cipolla also requested a resolution requiring Board members explain the reason for declaring a conflict of interest. George Hockman, 1625 Prospect Estates Dr., cautioned the Board about use of public property and funds. CONSENT CALENDAR. 1. Town Board Minutes dated August 12, 1997. 2. Bills. 3. Committee Minutes: A. Public Safety, August 21, 1997. B. Acknowledge receipt of a Certified Copy of the Estes Valley Comprehensive Plan from the Estes Park Planning Commission. C. Planning Commission, August 19, 1997 (acknowledgment only). It was moved and seconded (Hix-Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS. 1. Larimer County/Town Intergovernmental Agreement, Draft 7 - Establishing Joint Planning Commission - Approval. Mayor Dekker explained that this Agreement, establishing a Joint Planning Commission, will be read by Attorney White and each section discussed. Representative Kaufman, who sponsored the bill in the State House of Representatives, thanked the Board and Town staff for their efforts. Attorney White commended Kaufman for his contribution and support. This Agreement was formed by the Town and the County. Following adoption, an Estes Valley Development Code will be created. The Joint Planning Commission will consist of four County and three Town representatives, will be staffed by Town personnel, and will include a Code Enforcement Inspector. The County will assume building inspection services. Any development being Board of Trustees, August 26, 1997 - Page 2 considered when this Agreement is finalized will remain with the respective Planning Commission until conclusion. E.H. Meyer, 450 Bluebird Ln., requested candidates be elected by the voters, and that the Uniform Building, Mechanical and Plumbing Code be made available to the citizens. Representative Kaufman confirmed that planning commissions are advisory bodies with appointed positions and State Statute does not permit a citizen vote. Planning Commission Chairman Al Sager added that the Commissioners by State Statute are unpaid for their services. Community Development Director Stamey explained that the codes are available in his office, and that both the Town and Larimer County have adopted the same codes. Electrical inspection will continue to be handled by the State. It was suggested the Town purchase a complete set of codes for placement in the Library. John Barlow, President/Contractor Association, suggested that the community be given an opportunity to study this Agreement and offer comments prior to its adoption. Following further discussion, it was moved and seconded (Baudek-Marshall) this Agreement be continued to September 9, 1997, with Director Stamey distributing the Agreement to interested parties for review, and it passed with the following votes. Those voting "Yes" Trustees Barker, Baudek, Hix, and Marshall. Those voting "No" Trustees Doylen and Pauley. . Mayor Dekker explained that this Agreement was established in an attempt to streamline services, not to cause community dissension. 2. Larimer County/Town Intergovernmental Agreement for Interim Building Services. Director Stamey explained that the Interim Agreement is for building inspection services. The County has been providing these services for several months, and for insurance purposes, the County Attorney has requested this service be formalized. The Agreement will allow the Town to network into the County building permit tracking system to determine the status of each request. Stamey added that building permit applications are currently 2 to 3 months behind and construction is proceeding without the benefit of a plan review. Town staff will perform the internal routing system, forward the plans to the County, and the*Town will issue the building permit. Administrator Klaphake noted that another option is to budget funds to hire an additional inspector. Rich Wille, 1395 Raven Cir., doubted that the County could provide the services necessary for building permits. Cherie Pettijohn, Estes Valley Contractor Assoc. Board Member, requested that specific performance guidelines for the County be established. John Barlow stated that retaining the local building official would better serve the community. Jerry Palmer, local contractor, alleged that this Agreement was not publicized prior to this meeting, and County inspections will force higher costs to the contractors by requiring complete architectural plans for each submittal. It was moved and seconded (Marshall-Pauley) the Larimer County/Town Intergovernmental Agreement for Interim Building Services be approved, and that Director Stamey accept input from the community in preparation for a potential Final Agreement, and it passed unanimously. 3. Resolution #8-97 - Larimer Emergency Telephone Authoritv Surcharge Reduction - Approval. Police Chief Repola explained that this Resolution will reduce the access surcharge from $.50/month to $.45/month. The reduction would be effective for 1998. It was moved and seconded (Marshall-Pauley) Resolution #8-97 be approved, and it passed unanimously. 4. Universal Hiring Grant Application - Approval. Chief Repola 1 Board of Trustees, August 26, 1997 - Page 3 explained that it is Town policy to have two officers on the street at all times. Because of training requirements and court time, it is necessary to hire an additional officer, at an estimated cost of $127,320 over three years. The Universal Hiring Program offers funding for police officers (up to $75,000), and requires that the officer remain on the job for at least three years. This assistance is needed in order to continue current programs. It was moved and seconded (Pauley- Hix) the Universal Hiring Grant Application be submitted, and it passed unanimously. 5.A. Liquor and Business License Policy Procedure Manual/Town Clerk's Office - Approval. Administrator Klaphake explained that the Liquor and Business License Policy Procedure Manual is being presented in an effort to simplify the Municipal Code. The manual was reviewed. It was moved and seconded (Marshall-Baudek) the Liquor and Business License Policy Procedure Manual be approved, and it passed unanimously. 5.B. Ordinance #12-97 - Amending Chapter 5.3.010, Liquor and Beer Application Fees - Approval. Administrator Klaphake explained that this ordinance modifies Town fees for liquor licenses. Deputy Clerk Kuehl read the Ordinance. It was moved and seconded (Baudek-Pauley) Ordinance #12-97 be approved, and it passed unanimously. 6. Resolution #9-97 - Supplementing the 1997 Budget. Finance Officer Vavra reviewed the Resolution. E.H. Meyer questioned the Conference Center's usefulness, and questioned why and/or how the Board constructed the Conference Center without voter approval. Administrator Klaphake explained the Center was built for both civic and conference use, and assured the public there were no illegal practices in the building of the Center, and offered to provide the information to Meyer if he so desired. Trustee Barker explained that the Center was built to invest in the community and the revenues extend throughout the community by attracting those to the area who wouldn't ordinarily visit Estes Park. It was moved and seconded (Hix-Pauley) Resolution #9-97 be approved, and it passed unanimously. 7. Town Administrator's Report. A. Video: "Municipal Government: Where Your Voice is Heard". Because of the late hour, this video will be shown at the next Board meeting. Trustee Marshall announced that the Senior Center has received a Community Development Block Grant in the amount of $100,000 for renovation of the Center. It was moved and seconded (Hix-Pauley) the Town Board enter Executive Session to discuss personnel issues, and it passed unanimously. Mayor Dekker adjourned the meeting at 10:14 p.m. Mayor Deputy Town Clerk Town of Estes Park, Larimer County, Colorado, September 2, 1997 Minutes of a Special meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 2nd day of September, 1997. Meeting called to order by Mayor Robert L. Dekker. Present: Robert L. Dekker, Mayor Susan L. Doylen, Mayor ProTem Trustees Jeff Barker and William J. Marshall Also Present: Vickie O'Connor, Town Clerk Absent: Trustees Baudek, Hix and Pauley Town Administrator Klaphake Mayor Dekker called the special meeting to order at 8:15 a.m. to consider a Special Event Liquor License Permit Application filed by the Estes Valley Rotary Club, Inc. for an event (AutOmn Gold) scheduled September 20, 21, 1997. Town Clerk O'Connor verified the application was in order, and it was moved and seconded (Doylen/Barker) the Special Event Permit be approved, and it passed unanimously. Mayor ProTem Doylen noted that the Town Clerk's Office has implemented a procedure whereby "annual" special events will be monitored to assist non-profits in meeting filing deadlines. This procedure should prove very beneficial to all applicants. There being no further business, Mayor Dekker adjourned thei meeting at 8:19 a.m. Robert L. Dekker, Mayor Vickie O'Connor, Town Clerk mRADFORO PUBLISHING CO. RECORD OF PROCEEDINGS Public Works Committee August 28, 1997 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Facilities Manager Sievers, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:10 a.m. FALL RIVER LN. ROAD IMPROVEMENT - REOUEST APPROVAL OF REIMBURSEMENT AGREEMENT IF PROJECT IS APPROVED FOR 1998. Director Linnane explained that a 9001' public right-of-way section on Fall River Ln. was never paved but is maintained by the Town. In 1981 the Town and developer entered into an Improvement Covenant and Hold Harmless Agreement which states that the owners of lots abutting this area are responsible to the Town for the cost of paving, prorated on the basis of street frontage, and that the Town shall be entitled to recover all costs of enforcing this covenant, including attorney and court fees. Director Stamey noted that this subdivision was developed prior to improvement guarantees. Director Linnane As recommending that this project be budgeted in 1998, and, if budgeted, that: (1) the owners reimburse the Town at the building permit phase of development; and (2) that building permits be held until the Town Attorney prepares an opinion on the Improvement Covenant and reimbursement arrangement. Linnane also suggested that although Lot 1 does not abut the 900' section, the owner of Lot 1 be assessed since Lot 1 is a party of the Improvement Covenant. Administrator Klaphake questioned the legality of the Improvement Covenant and the inclusion of Lot 1 in this assessment, and requested a legal opinion from the Town Attorney. The Committee recommends the paving of 9001' on Fall River Ln. be budgeted for 1998, that the Town Attorney provide a legal opinion on the 1981 Improvement Covenant, and that building permits be held until the September 9 Town Board meeting when the legal opinion will be presented to the Town Board. BLUEBELL WATER MAIN PROJECT - REOUEST CHANGE ORDER APPROVAL. Director Linnane presented the final pay request from Kearney and Sons for work on the Bluebell 8" water main extension, which includes $4,500 plus $289 for quantity adjustment, and $350 for a rock wall addition. The Committee recommends approval of the change order in the amount of $5,139.00 to Kearney and Sons. DONATED BRONZE SCULPTURE - REOUEST TO INSTALL IN TOWN PARK. EPURA Executive Director Anderson explained that the Town has been offered a 48" tall bronze recirculating fountain sculpture named "Wishful Thinkin"' by Sonny Lee, Cheyenne, Wyoming. Ms. Lee would like the sculpture placed in Tregent Park. The Sculpture Committee has approved this donation. Approximately $5,000 will be needed to provide water, electricity and a plague. Senior Planner Joseph will prepare a site plan, and the sculpture will be placed in 1998, subject to the 1998 Budget. The Committee recommends approval of this sculpture for placement in Tregent Park, requesting Director Anderson write a letter of appreciation to the donor. IRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Public Works Committee - August 28, 1997 - Page 2 WATER DEPARTMENT CARBON FEEDER - REOUST TO PURCHASE. Director Linnane explained that the budget includes $11,000 for the purchase of a carbon feeder for the Marys Lake Water Treatment Plant. A bid of $10,100 from Municipal Treatment Equipment in Lakewood was received. This equipment is needed to eliminate taste and odor from the water, and will only be used when necessary. The Committee recommends approval of the carbon feeder purchase in the amount of $10,100 from Municipal Treatment Equipment. HWY. 7 WATER LINE & STORM SEWER CHANGE ORDER - REOUEST APPROVAL. Director Linnane explained that CDOT requested the Town relocate a fire hydrant to facilitate construction of the storm drainage system. Weinland Construction submitted an invoice in the amount of $4,400.00 for this work. The Committee recommends approval of $4,400.00 to Weinland Construction, which will be reimbursed 100% by CDOT. SPRUCE AND ROCKWELL STREET BRIDGE CONSTRUCTION - APPROVAL OF EXPENDITURE. Manager Sievers explained that the bids received for this construction are $10,000 higher than the budgeted amount. This is due to the need for specialized qualifications and equipment to perform high pressure grouting. The budgeted amount is $166,500, and the low bid is $173,574.02. The engineer's estimate was on the high-end on the grouting quantity, and this may result in a $15,000 reduction. Other Public Works projects are under budget and sufficient funds can be transferred to this project if necessary. The Committee recommends approval of the low bid in the amount of $173,574.02 for completion of the Spruce/Rockwell St. Bridge rehabilitation. Construction will begin Sept. 15 with completion expected by October 31. REPORTS. Highway 7 Project Update: Traffic signal lights will be installed after October 15, with completion of the project expected by October 31. Construction of the bike path will continue. Lake Estes Causeway Trail Project, Phase 2: G. L. Hoff will begin construction September 8 with expected concrete completion expected by October 1. The Wapiti Bridge will be installed by October 15, if bridge delivery is on schedule. EVRPD will complete the area along the Fire Hall and Bureau, which will include a connection to Hwy. 7. Manager Sievers requested a letter of agreement with the Recreation District regarding plans for that area. There being no further business, Chairman Doylen adjourned the meeting at 9:12 a.m. J.-4.4, *Lu. /94 Tina Kuehl, Debuty Town Clerk BRADFORD PUSLISHINGCO RECORD OF PROCEEDINGS Community Development Committee September 4, 1997 Committee: Chairman Doylen, Trustees Barker and Marshall Attending-: Trustees Barker and Marshall Also Attending: Town Administrator Klaphake, Directors Hinze, Kilsdonk and Stamey, Advertising Manager Marsh, Clerk O'Connor Absent: Chairman Doylen Trustee Marshall called the meeting to order at 8:01 a.m. SPECIAL EVENTS. Event Critique. Director Hinze reported on the following events: Westernaires C 39th Year) - This is a worthwhile youth organization, and they produce income for the Park School District (school rental). This year's attendance was at all time high despite inclement weather. The Westernaires have signed a two-year contract this year. Barrel Racing Association (lst Year) - First-time event; most likely will not return as this show is moved every year. Participation was negligible, and staff would request a guaranteed minimum should they return. Rodeo Stock Contractor Agreement. The Committee reviewed said Agreement with Powder River Rodeo Productions, Inc. The Agreement is for 1998 and includes 1-year renewals through 2000. The fee is $30,200, an increase of $2,700 from the previous 3-yr. Agreement. The Rooftop Rodeo Committee has met with Powder River and both parties have agreed on a new 3-yr. contract. The Committee recommends approval of the Agreement as presented. Event Ranking. Director Hinze reported on the 1996 top 25 events/conventions as listed in the Northern Colorado Business Report: #7 Christmas Parade, #8 Scottish Festival, #12 Rooftop Rodeo, #20 Wool Market, #22 Fine Arts Guild Crafts Show, and #25 Art Walk/Jazz Fest. Christmas Holiday Event Weekend - Report. This event is scheduled December 12-14, 1997, and staff reported on the proposed events: begins 12/12 at 4:00 p.m., and concludes 12/14 at 4:00 p.m. Organizers are the Business Advocates, Chamber Resort Assn. (CRA) and Special Events Dept. CRA Director David Thomas presented a new poster for this event entitled "Celebrate Estes Park. " The poster will be distributed across the Denver marketplace, and 100 corporate locations, as well as Northern Colorado. Organizers are working with Channel 4 for a live remote on either Friday or Saturday night. The poster was drawn by Seamus Berkeley, with assistance from Peter Marsh. Organizers will attempt to capture front range communities by producing a superior holiday event. Elkhorn Ave. will be closed from E. Elkhorn where it intersects with Riverside Dr. west to Spruce St. The street closure will be formally BRADFOROPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee - September 4, 1997 - Page 2 presented at an upcoming Public Safety Committee meeting. Stores have been requested to stay open, and organizers are raising money for sponsorships. Entertainment includes: carriage and wagon rides, carolers, chestnuts roasting, bonfire, pony rides, bands, Santa and elves, and dance. A substantial fireworks display is planned on Friday evening, and on Saturday, the "USA Show Stoppers" (approx. 60 teenagers), dressed in Dickens costumes, will appear in Bond Park. This group opened the show for the City/County Building Christmas Lighting Ceremony. Stanley Village, RMNP, and the Estes Park Brewery are also participating. A similar event is not being promoted, and organizers believe this weekend could become a premier holiday event for Estes Park. Package lodging and meals will be promoted in ads and on the poster. Mr. Thomas encouraged ideas/contacts, and commended the joint team effort from staff and the Business Associates. Sound System/Elkhorn Avenue - Authorization to Purchase. In a memorandum dated August 26, 1997, Administrator Klaphake reviewed past experience in the rental of a sound system to provide downtown Christmas music, including music for the Christmas Parade. Staff is proposing the Town lease purchase a wireless sound system at a cost of $38,631. Equipment would be purchased from MountainSong Music who provided the specifications. Four-year lease purchase bids were solicited from local financial institutions: Institution Interest Rate Annual Payment United Valley Bank 6.24% $11,220 Park National Bank 6.653% $11,316 Staff is recommending the lease purchase of equipment from MountainSong for $38,631, financed by United Valley Bank. Administrator Klaphake noted that the lease purchase for the tents finalizes this year, thus funding is available beginning in 1998. The 1997 Budget must be amended to include the initial purchase as a first year revenue and expenditure, with the annual payment of $11,220 shown as an expenditure beginning with the 1998 Budget. Staff is planning on purchasing the equipment for the 1997 holiday season. Director Hinze reviewed the equipment specifications as prepared by MountainSong, including the proposed sites for receiver/speaker locations. Store owners have not yet been contacted; if they agree with placement, waivers will be obtained. The Master System would be installed on the Municipal Bldg., and receivers spread throughout this system. There will be three areas for wireless microphones: W. Elkhorn, mid-Elkhorn and East Elkhorn which will provide a significant service for all parades/events. Staff confirmed that the installation will not be performed in- house due to liability concerns. There could be minor expenses (electrical and ASCAP license), and these costs would be funded from the Stanley Park budget. Ownership would occur at the end of 4 years. The Committee recommends approval of staff' s request to purchase the equipment from MountainSong Music for $38,631, financed by United Valley Bank, as presented. BRADFORD PUSLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - September 4, 1997 - Page 3 Upcoming Events: Scottish Festival is September 5-7; the Fine Arts Guild Craft Fair September 13-14; Autumn Gold September 20-21; and the Mini Railroaders Assn. are sponsoring a train show September 27-28 in Barn W, and over 1,000 are expected to participate. COMMUNITY DEVELOPMENT. 1997 Advertising Report. Manager Marsh reported on the Fall Television Campaign. The primary Target Market is young, affluent adults who use television news as their primary source of information rather than the News, Post, or other local daily newspaper. The secondary market is a broader age range of 21 - 54. The theme is the proximity to the Front Range resident for recreational activities, commercial activities, wildlife, scenics in and around Town and RMNP summarized with the tag "Estes Park - more than you can do in a day - such a short drive away" (so much to do, so close to you). Production is by Nick Molle', Marsh and the Advertising Policy Committee. Manager Marsh reviewed the time slot schedule which will air Thursdays through Sundays, ending 12/12-13. The Town last advertised on Channel 4 in 1989. Staff reported the television campaign is $15,000 plus production. Manager Marsh commented on the sponsorship program between Steamboat Springs and Channel 4. This campaign is a test, and staff will report the results in January. 1997 Magazine Conversion Study Agreement - Request Approval. Manager Marsh stated that the survey instrument is complete, and selection of names will be complete by mid-month, when the mailing will begin. RRC performed a similar study in 1993, and a different approach in the managing of data is being proposed to minimize costs. This study will establish a basis for annual mini-conversion studies. The Committee recommends approval of the Agreement with RRC Associates as presented. MUSEUM. Personnel. Following interviews of five candidates, staff has elected not to fill the Curator position until 1998. Michelle Zupan has agreed to work full-time as "Acting Curator" until November 14th. Negotiations are underway with one of the candidates to install the winter exhibit "The Prints of Lyman Byxbe", opening November 22nd. Upcoming Events. A tgint reception with the Art Center is planned September 19 for the Images of the West: John Fielder Photographs Exhibit. John Fielder will do a book signing at the Museum on September 23 rd from 3:00-4:00 p.m. The Friends Annual Meeting is scheduled September 28 th at The Stanley Hotel. Featured Speaker is Susan Davis, Director of the Stanley Museum in Kingfield, Maine. Dinner is $25.50/person. The American Association for State and Local History and Colorado-Wyoming Association of Museums will have a Joint Annual Meeting October 1-4 in Denver. The Museum is hosting a reception for 46 attendees for a pre-conference tour of Estes Park on October 1. The new "Tracks in Time" video will be available for viewing at the conference, and the brochure is included in the conference packets. BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - September 4, 1997 - Page 4 Collections Policy. The Advisory Board and staff are recommending a modification to the Museum's Collections Policy. Two changes would clarify who has access to the collections and under what circumstances, and adds staff, Friends and Advisory Board members and volunteers to the "Ethics" section. The Committee recommends approval of the modifications as presented. Museum Attendance Statistics. Attendance is down this year due to renovation; however, July is comparable to 1995, including membership. There being no further business, Trustee Marshall adjourned the meeting at 9:00 a.m. ~<-6 d) EL.knati) Vickie O'Connor, CMC/AAE, Town Clerk ~RADFOROPUOLISHINGCO. RECORD OF PROCEEDINGS Board of Adjustment September 9, 1997 Board: Chairman Paula Members Barker, Baudek, Newsom, Sager Attending: Vice Chairman Sager, Members Barker, Baudek and Newsom Also Attending: Town Administrator Klaphake, EPURA Director Anderson, Director Stamey Joseph and Secretary Botic Absent: Chairman Pauley Vice Chairman Sager called the meeting to order at 8:00 a.m. MINUIES The minutes of the August 5, 1997 meeting were accepted as presented. LOT 2, AMENDED PLAT STANI.EY VII.I.AGE, 415 E. WONDERVIEW AVENIJE (SAFEWAY) - STANI,EY COMMERCIAL DEVELOPMENT, LTD./WII,LIAM VAN HORN API'LICANT - VARIANCE REQUEST FROM SECTION 17.20.040.B.1.a OF THE_MUNICIPAL-CODE. Applicant is requesting a variance from the 25' street setback in a C-O zone to allow for a new enclosed warehouse. Town Administrator Klaphake reviewed the history/background information for this site. Applicant William Van Horn explained the request will alleviate some ofthe ctirrent congestion at Safeway. The proposal is to expand the current store by 11,000 sq. ft. Cuirently there are problems with the service and stocking area due to sales volume and separate problems are caused by truck and outside storage. This variance is requested as storage problems will be accentuated with the proposed expansion. Approval of the variance will accommodate a freezer and pallets in the storage area; 40' oflandscaping and walkway between the building and the traveled way will remain. Mr. Van Horn submitted to the Board members floor plans and photographs with the addition. The existing ramp will remain, landscape will continue to be maintained in the public R.O.W. and no new signage is proposed on the west wall. In response to Board of Adjustment guidelines, Mr. Van Horn stated narrowness exists due to the location of the current structure, the sales tax does provide revenue to the community, only a minimum variance is being requested, this will be an improvement regarding health issues and aesthetics, and is in keeping with the spirit of the Code as it will be 40' from the road. The construction is scheduled to begin in October with completion anticipated in April 1998. Members Sager and Barker expressed concern for the 'blank' wall; Mr. Van Horn offered to add additional landscaping. Director Stamey stated when Stanley Village was approved by the EPURA, building envelopes were established for each building area which also established building setbacks. The building envelope for the Safeway building was approved with a 10' setback from the Highway 34 by-pass R-O-W line which also met the then applicable zoning setback requirements. He noted it was staff's opinion that the approved 10' setback is the controlling requirement in this case as it reflects an approved building envelope. The proposed encroachment would be a triangular configuration, with a setback of 3.2' at the narrowest point (north) and extend approximately 36' to the south, where the 10' setback would again be met. The encroachment into the 10' setback represents about 130 sq. ft. of building area. Mr. Stamey noted the request is minor in nature and impacts may be reduced through landscaping. Acknowledging this is an exceptional situation which will not cause harm to other landowners and approval of the request will improve utilization of the property and health issues, it was moved and seconded (Newsom/Baudek) the variance, be approved for Lot 2, Amended Plat Stanley Village, 415 E. Wonderview Avenue (Safeway) subject BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Board of Adjustment September 9, 1997 Page 2 to the following conditions, and it passed unanimously. No further outside storage allowed. No signage permitted on west side of building. Any roof equipment must be screened and be non-reflective. Finished floor elevation and building height be indicated on the Site Plan. Landscape plan to be submitted and approved by Staff. Landscape to be maintained by Stanley Commercial Development, Ltd. REPORTS - none. There being no further business, Vice Chairman Sager adjourned the meeting at 8:45 a.m. *Hal,-g)· ~44.-3 Roxanne S. Botic, Recording Secretary ...... Memorandum Date: September 4,1997 TO: Honorable Mayor Dekker Board of Trustees From: Gary Klaphake, Town Administrator (02'k- ' RE: IGA Planning Commission/Building Inspection Services On Wednesday, September 3,1997, Mayor Dekker, Trustee Doylen and I met with a group of building contractors to discuss Building Inspection Services as outlined at our last Town Board meeting. They made strong and convincing arguments that our service in Estes Park is faster and more responsive. We are now changing our recommendation that each jurisdiction (Town and County) do their own building inspection. Effective January 1,1998, we will hire another building inspector to cover our workload. The facts in this decision are not compelling enough to fight over it. Thus, we will keep the service in Estes Park. I hope you can agree with the Mayor, Trustee Doylen and me on this matter. Staff has attached a building permit information sheet for your review. We can well afford another inspector. lu_ P *- 2 0.1 1 A A m M W M m N r-1 LD|r-1 g, o w C, N 1- ,-1 0 w In m d O1- 1-~| LO M 1- - A M Co Lo ~M.-lumurn,1™-00000161- ~.. . v CO * f I M * 1;W 0 - Al 00 00 1- r-1 63 ™r,N m n mlrnirn mVV rLOW I T 3-91. - 1 1 w / A m u-, r- m .3 ul r- ,- . 0 0, 0 0, 0 ~ W 0 10 M - Wie,!I m .-I M O·• M O 1- O W . O 0 W =' N Q 'r N 01 •-1 0 1- 0% V BE m G w M . w w un 00 60 t- 1- w 0% o . 1.0 0. CXS N N N M N (1~wm Ln q Ln- LO Lr, LO r-Ir-Ir-1- 1 Ill I 966L r- M .O 0, M 069,0 - •c· -le-00 0, i 0 - 1 1 M r-- rn M LO w CO. O, 0 r~ LO O 00 n O .-1 LO tr, m O m CO ~ s CO N m O W 1 h t-4 1 , p. 1 5661 a- ro -1 1- . rn m O »1 1 1-4 m Ch n 1 N O di ~ 1- (\1 1-1 n w e,LO~O un 03 el LO Lf) 1-1 0~ Xi ·, 466K r- r-, w ul rn, w,~6 0 e c. n [- m 00 7 111 r I ®0 - , £66K m mulsm .~. ur, ¤C©~39Z~1' ul · , - C661 - E O 00 N M N Q Q C, 1- Co M N q n r., U,1 i w m C, - o w w t- .0.0 co - m tn ,- m > A- " 57 " "'- &661 d) r-1 1-1 N (\1 •-1 -1 - •-1 + r-1 N N N N N 011 0661 1 m~= 696, - Ed ,.1- 996 K n b A m 00 ..O o d i w co e co LO p I- o v H v v ul m 00 Me m ,- r- * 1.0 N + a, 0 1 r-1 -1 0 00 f m I V & L961 ro m M o m - m r-1 6-) 1- v w m .-1 r . Z 5 0 w Ul m r-1 0 00 (-9 / 00 N Lo o / .-1 - . v 0./r-1.-10.vavro-mwa; 9--- 9961 ~ ~ 996 L 0 - r-1 r-1 - r-1 Al r--1 r-1 -Mm/ . U - 1 9 -Ic/~.~- '966 - 5 Ewomr-mavoi•00.-100/w- B ~£961 u ,.0 m . v q r-, v d o m u, e u-) 00 w I r-1 - # r-1 + e-41 + + r-1 r-1 r-1 •-1 1-1 1-1 - c. 1 ZEL 1 §§§§§§§§0 ON" m33§:s:g 1-IMS: «Ka?do- t.0 mi E N r-1 (D a. N O ON ON m O 0 r-1 m o N LO - m u-) 00 / me 00 0.1 # rn 8 Lo -- - 2 H r-1 + N r-1 r-1 0 W M O r-1 W / / A . 0, 0 - r-, n .., . m . I u-, m 00 1 m 1- r N LO v o N w e m 1- r m (N X m I 1- N O 1- m / C·% C·, 00 00 1 r-1 1 , 1- (-9 N 1.0 Lf-) N Ur) M) O, m r-, W S .-1 m . O - 1.0 00(Nm//1-HIO LO -I. .. I.% m N A n A A -1 0 r-1 - r-1 0% C, in w Lr} 1~ [- O ,-1 0 . v-1 0, =1 00 r-( r-1 •-1 (\1 •-1 •-1 •-1 (NI m Mer- 00 1- r w v - o rn ,-1 1 0 (N t.O (NI [- C~ C~ 1-- Ln (\1 N N •-1 1 N w I M M M - 0 1 4 0~ ul 00 g m 1- -r -......... W W O 91 N Un e W (N C'1 •-1 h •-1 m N A . u M Ln w , %0 00 0, W ON r- M 0 00 O M M M O N.rl M M W N n CO =• C• N 0 00 - 0 w 0 m 00 w M w 0 1.0 i 1- 0 r-1 Ch t.0 00 i N / 0 b •-1 06 0 7 m eo w bon,-choo .mm.000, >32=22229!gszz=92 --------------- -1 Un m 1 •-1 (-9 NN 1U-) 1.0 00 0 MO ,-1 00 0 r-1 CO MONMMA/1-1- 0 01 61 .-1 .-4 le 00 N M M . 91 1- LO 0 ,-1 01 N ME - ,-1 - .-1 rn 0 f M =• 0 . 0 LO 00 1~ . 00 N b r-1 rn m(\1 - m,NmmrrIV.1-- LO < (N M Y 1.0 -vQMO •-1 NIM 1.0 w 11======1==22====m >4 r-1 r-1 ,-1 1-1 r-1 0 - r-1 r-1 + r·1 r·1 r-1 r-1 r-1 NTIAL VAL/DU COMytERCIAL PUBLIC INDUSTRI L (}THER TOTALS INSPECTION BUILDING PERMIT INFORMATION # Perm # Perm INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, effective this day of , 1997, between the BOARD OF COUNTY COMMISSIONERS, LARIMER COUNTY, COLORADO, ("the County") and the TOWN OF ESTES PARK, COLORADO ("the Town"). WHEREAS, the Estes Park Planning Commission and the Larimer County Planning Commission have adopted the Estes Valley Comprehensive Plan ("Comp Plan"). The planning area of the Comp Plan (the Planning Area) is the entire Estes Valley, and is depicted on Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the Comp Plan contemplates a future uniform land use classification system and administrative procedures throughout the entire Planning Area; and WHEREAS, it is the goal of the Town and County to provide for efficient development services; and WHEREAS, in order to further the goals and objectives of the Comp Plan, it is necessary for the Town and the County to establish a joint planning commission; and WHEREAS, pursuant to Section 31-23-227 and Section 29-1-203 C.R.S. 1973, as amended, the County and the Town have the statutory authority to enter into an Intergovernmental Agreement establishing a joint planning commission for the purpose of joint participation in land use planning, subdivision procedures and zoning for the Planning Area; and WHEREAS, pursuant to the applicable statutes of the State of Colorado, the parties hereto are authorized to enter this Intergovernmental Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE AND THE COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. ESTABLISHMENT OF THE ESTES VALLEY PLANNING COMMISSION. The parties hereby establish, pursuant to the terms and conditions of this Agreement, the Estes Valley Planning Commission ("the Planning Commission") for the purpose ofperfonning all ofthe duties, responsibilities and obligations of the Town of Estes Park's Planning Commission and the Larimer County Planning Commission within the Planning Area. Subject to the provisions hereof, the authority of the Planning Commission shall begin on the - day of , 1997. The initial duties of the Planning Commission shall be the development ofthe Estes Valley Development Code ("EVDC") and review of the planning needs in two special study areas, the Fall River area and the Giant Track neighborhood. Until adoption of the EVDC, the Town of Estes Park Planning Commission and the Larimer County Planning Commission shall each continue to perform their respective planning functions within the Planning Area. Upon adoption of the EVDC, all planning, subdivision, zoning and land use development functions of the Larimer County Planing Commission and the Town of Estes Park Planning Commission within the Planning Area shall be transferred to and assumed by the Planning Commission on said date, subject to the provisions of this Agreement. After its appointment, the Planning Commission shall form a Technical Advisory Committee, "(TAC"), consisting ofthe Planning Commission members and three additional qualified members selected by the Planning Commission. The TAC will assist in the development of the EVDC. 2. MEMBERSHIP OF PIANNING COMM[SSION. The Planning Commission shall be composed of seven (7) members. Three (3) members shall be appointed by the Town and four (4) members shall be appointed by the County. Each member shall serve for a four (4) year term with each term beginning on January 1st of the appropriate calendar year. The terms shall be staggered so that three (3) of the County appointees, and one (1) of the Town's appointees shall serve until December 31, 1998. The other three (3) appointees shall serve until December 31, 2000. Thereafter all appointees shall serve four (4) year terms. 3. RESIDENCY. All appointees of the Town shall be residents of the Town for at least one (1) year prior to their appointment. All County appointees shall be residents of the Planning areas outside the Town for at least one (1) year prior to the appointment. All members shall continue to be residents of their respective areas during their entire term. A member ofthe Estes Valley Planning Commission residing in an area annexed by the Town may continue to serve the remainder of that member's term. 4. PLACE OF MEETING. The Planning Commission shall meet in the Board Room in the Estes Park Municipal Building, unless otherwise posted. 5. OFFICERS OF THE COMMISSION. There shall be a Chair and a Vice Chair for the Planning Commission. Each shall serve for one (1) year terms, beginning with the first meeting in January of each year. The Chair shall be from the Town appointees in one year and from County appointees in the next year. The appointment of Chair shall alternate between the Town and County appointees throughout the term of this agreement. The Vice 2 Chair shall also alternate between the Town and County appointees, opposite that of the Chair, namely when the Chair is a Town appointee, the Vice Chair shall be a County appointee. The Chair and Vice Chair shall be chosen by the members of the Commission. The Vice Chair shall serve as the Chair in the absence of the Chair. The Planning Commission may appoint such other officers, such as Secretary, as the Planning Commission deems necessary for the conduct of its business. Said other officers may be non-members of the Planning Commission. 6. ATTENDANCE. All members shall attend all meetings, including special meetings of the Planning Commission, if possible. In the event any member misses three (3) consecutive regular meetings or a total of four (4) regular meetings in a calendar year, the Town or the County may remove its appointed member for neglect of duty and designate a new member to fill the vacancy. A Town appointed member may only be removed pursuant to the procedures set forth in Section 31-23-203 [3] C.R.S. 7. VACANCY. Any vacancy occurring on the Commission shall be filled as soon as practical by appointment by either the Town or County. 8. BY-LAWS OF THE COMMISSION. As soon as practical after the formation ofthe Planning Commission, the Planning Commission shall ddopt By-laws for the purpose of efficient operation ofthe Commission. These By-laws shall be subject to the approval of the Board ofCounty Commissioners ofLarimer County and the Town Board of Estes Park. 9. MEETINGS. Regular meetings of the Planning Commission shall be once a month. Special meetings may be called as provided in the By-laws of the Commission. 10. STAFF. After adoption of the EVDC, the Town shall provide the professional staff, ("the staff") to the Planning Commission. Said staff may either be employees of the Town and/or independent contractors. Except as otherwise provided herein, all costs of said staffing, including office space, support staff, supplies, salaries, fees, benefits and transportation expenses, as necessary, shall be the responsibility of the Town. The staff shall be responsible for all necessary reports and studies requested by the Planning Commission, review of all development and land use proposals, attendance at all Planning Commission regular and special meetings and any other staff work necessary to carry out the operation of the Planning Commission. The staff shall also forward, report and present to the Board of Trustees of the Town and Board of County Commissioners all development land use and long range planning proposals that are forwarded to those bodies 3 for action. Anything herein notwithstanding, the Town and County staffs shall continue to provide staff support to their respective Planning Commissions on matters involving the Planning Area until adoption of the EVDC. 11. FEES. Until adoption of the EVDC, all fees for development and land use review shall be as established by the Town and the County respectively for their geographical areas. Thereafter, the Town, through the staff, shall set, collect and retain all development and use fees. 12. PERMANENT FILES. The permanent files of the Planning Commission shall be maintained by the Town in Estes Park. The Town shall provide to the County any copy of any record or document without charge. The County will provide historic information concerning the Planning Area without charge. 13. BUILDING INSPECTIONS. The Town and County shall retain building inspection services for their respective geographic areas. 14. LEGAL SERVICES. Except as set forth herein, the Town Attorney shall serve as the primary legal advisor to the Planning Commission. The staff shall nevertheless be authorized to consult with the County Attorney as reasonably required on matters related to the unincorporated portion of the Planning Area. The County Attorney may occasionally need to attend Planning Commission meetings. Each party shall continue to pay the fees of their respective attorneys unless otherwise agreed. 15. CODE ENFORCEMENT. Until adoption of the EVDC, the Town shall be responsible for enforcement of its currently adopted code(s) including, but not limited, to signs, zoning violations and nuisance violations with the Town. The County shall be responsible for the enforcement of its currently adopted code(s) within the County. The term "Code Enforcement" shall not include any responsibility for review of development and land use plans including, but not limited to, plan checks, improvement guarantees, development and land use review compliance until developments are finalized and complete. Upon adoption ofthe EVDC, the Town shall be responsible for enforcement of the EVDC within the Planning Area. The County shall reimburse the Town, on or before January 15th of each year one-half of the salary, benefits and all other expenses incurred by the Town related to one full time code enforcement employee for the proceeding year. The amount of said payment shall be a minimum of $25,000.00. The amount of said payment shall be increased annually in the amount of one-half of any increase in the salary, benefits or other expenses with regard to said employee. 4 REV. 9/4/97 16. TRANSITION PHASE. The Planning Commission shall be staffed by each respective party for all development and land use proposals within each entity's respective geographical area until the adoption ofthe EVDC. The Town shall provide part-time office space to the Larimer County staff in order to accommodate said staffs' work for the Planning Commission. The Town and Larimer County Planning staff shall mutually cooperate in order to provide close communication, efficient staff operations and efficient response to citizen and developer concerns during the transition term. 17. ADVISORY ONLY. All development, subdivision or zoning decisions of the Planning Commission shall be advisory only. All final approvals of said decisions shall be the responsibility and obligation of either the Board of Trustees or the Board of County Commissioners depending upon the geographical location of the land use proposal. 18. DATA BASE. The County shall make its records available to the Town for updating of GIS information. Additionally, the County is implementing a computerized permit and development tracking system. The Town and County shall develop an IGA providing for Town utilization of this system. 19. MUTUAL COOPERATION. The parties hereby pledge and agree to cooperate in the drafting and adoption process of the EVDC. To that end, the Town and the County agree to spend Fifty Thousand and 00/100 Dollars ($50,000.00) each in 1997 for this purpose. Said sums have already been appropriated in each party's respective 1997 budget. 20. ENFORCEMENT. This Agreement shall be binding upon the parties and that upon default of any provision of this Agreement, the non-defaulting party shall be entitled to specifically enforce this Agreement. Venue for any court action shall be the District Court, Larimer County, Colorado. 21. TERM. This Agreement shall remain in force and effect until December 31, 1997. Thereafter, it shall be automatically renewed for successive one year terms unless, at least ninety days prior to its scheduled expiration, either party should notify the other party of its decision that the agreement not be renewed. In that event tile Agreement shall automatically terminate on December 31st of that year. 22. AMENDMENT. This Agreement may be amended in writing at any time by 5 mutual agreement ofthe parties. 23. NOTICE. All notices, demands or other documents required or desired to be given, made or sent to either palty, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid as follows: Larimer County Board of County Commissioners P.O. Box 2066 Fort Collins, Colorado 80522 Town of Estes Park P.O. Box 1200 Estes Park, Colorado 80517 24. GOVERNMENTAL IMMUNITY. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) per person and Six Hundred Thousand and 00/100 Dollars ($600,000.00) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act 24-10-101 et. Seq., C.R.S., as from time to time amended, or otherwise available to the parties or any of their officers, agents or employees. 25. CURRENT YEAR OBLIGATIONS. The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of the parties. The parties' obligations under this agreement are subject to each individual party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of this agreement shall constitute a mandatory charge or requirement in any ensuing fiscal year beyond the then current fiscal year of each individual party. No provision of this agreement shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other financial obligation of either or both parties within the meaning of any constitutional or statutory debt limitation. This agreement shall not directly or indirectly obligate either party to make any payments beyond those appropriated for each party's then current fiscal year. No provisions of this agreement shall be construed to pledge or crate a lien on any class or source of either parties monies, nor shall any provision of this agreement restrict the future issuance of each parties' bonds or any obligations payable from any class or source of each individual party's money. 6 26. OTHER MISCELLANEOUS MATTERS. a. Anything herein notwithstanding, the parties agree that the County's Rural Land Use Process shall be available for land owners seeking to develop land within the unincorporated area of the Planning Area. b. In unincorporated areas, the County's referral agenda will be included for routing of development applications. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARIMER ATTEST: By: Deputy Clerk of the Board Chair DATE: APPROVED AS TO FORM COUNTY ATTORNEY TOWN OF ESTES PARK ATTEST: By: Town Clerk Mayor 7 fiES r 13 li :? OF LOT 37, WHITE OF ESTES PAR K, 1 OF SECTION 30, TE ;46. ~._.21.21221-JL_-2 61 S~NLEY E 0 1 100000N 33» ~ i 41# d 1.31 -- 'CN.r It 1-02#acv \ \ \ r-72<5>n.. 6// *$~w~ - 1144« WHfrE -GRAvES AVENUE J UEKDOW vt€'01' PLACE 1 SITE 4 g Gl FEE VICINITY MAP D••0,0•o,w•U,~.1••cco RECORD OF PROCEEDINGS Planning Commission - March 18, 1997 Page 4 AM•-,rn'.Al Af r .¥-b/ne 1 ...1,1~ 2.d. Nytes Replat of a Portion of Lot_37, White Headow View Place, aka Mountai.n Printery and The Bowling Alley, Steve R, and Barbara J. Mytes/Applicant. Corsissioner A. Hix was excused as she had a conflict of interest and Town Attorney White and Commissioner Brown were excused due to prior commitments. This request is to divide one lot into two lots. Director Stamey reviewed the -Staff report and correspondence received. Applicant's representative, Bill Van Horn, stated they are willing to comply with Staff requests and there will be a blanket shared parking agreement and maintenance agreement proportional to size of buildings. Locates requested by EPSD will be done prior to the Town Board meeting. Chairman Sager recognized the Planning Commission has no authority regarding fence repair, however, he noted the fence on the east end of the bowling alley is in need of repair and wheel stops would also be helpful. It was moved and seconded (Burgess/Gilfillan) the Nytes Replat of a Portion of Lot 37, White Meadow View Place, aka Mountain Printery and The Bowling Alley, be favorably recommended to the Board of Trustees, subject to the following conditions, and it passed unanimously with one abstention. 1. Modify access easement across Lot 1. 2. Provide a parking and access easement for the area north of the bowling alley prior to Town Board. 3. Provide a parking and access easement maintenance agreement to include shared parking requirements Drior to Town Board review. 4. Increase size of Lot 2 by 2,776 sq. ft. 5. Modify Nytes acknowledgment statement. 6. Utilities Add a 20[ utility easement for the water main on the property. Provide a 20' utility easement on Lot 2 for Lot 1 water service and possibly other Lot 1 utilities crossing Lot 2. Provide the west property line distance for Lot 1. Provide a bearing and distance for Loz 2 west access/utility easement. • The additional bold line parallel with Lot 2 south property line to be removed. 7. Sewer lines to be shown on the Plat. Commissioner A. Hix resumed her position on the Commission. .... BRA'FOR'PUILISH»IICI. RECORD OF PROCEEDINGS Public Works Committee August 28, 1997 Committee: Chairman Doylen, Trustees Barker and Hix Attending: All Also Attending: Town Administrator Klaphake, Public Works Director Linnane, Facilities Manager Sievers, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:10 a.m. FALL RIVER LN. ROAD IMPROVEMENT - REOUEST APPROVAL OF REIMBURSEMENT AGREEMENT IF PROJECT IS APPROVED FOR 1998. Director Linnane explained that a 9001' public right- -way section on Fall River Ln. was never paved but is main ned by the Town. In 1981 the Town and developer ente into an Improvement Covenant and Hold Harmless Agreemen 'hich states that the owners of lots abutting this area are ponsible to the Town for the cost of paving, prorated on e basis of street frontage, and that the Town shall be e tled to recover all costs of enforcing this covenant, inc ing attorney and court fees. Director Stamey noted that t subdivision was developed prior to improvement guarante . Director Linnane *s recommending that this projec e budgeted in 1998, and, if budgeted, that: (1) the ners reimburse the Town at the , building permit phase of evelopment; and (2) that building permits be held until t Town Attorney prepares an opinion on the Improvement Coven and reimbursement arrangement. Linnane also suggested tha although Lot 1 does not abut the 900' section, the owne of Lot 1 be assessed since Lot 1 is a party of the Improvement ovenant. Administrator Klaphake questioned the legality of e Improvement Covenant and the inclusion of Lot 1 in this as ssment, and requested a legal opinion from the Town Attorne The Committee recommends the paving of 9001' on Fall River . be budgeted for 1998, that the Town Attorney provide a leg opinion on the 1981 Improvement Covenant, and that building p its be held until the September 9 Town Board meeting when the egal opinion will be presented to the Town Board. BLUEBELL WATER MAIN PROJECT - REOUEST CHANGE ORDER APPROVAL. *3 Director Linnane presented the final pay request from Kearney and Sons for work on the Bluebell 8" water main extension, which includes $4,500 plus $289 for quantity adjustment, and $350 for a rock wall addition. The Committee recommends approval of the change order in the amount of $5,139.00 to Kearney and Sons. DONATED BRONZE SCULPTURE - REQUEST TO INSTALL IN TOWN P~~£-----* EPURA Executive Director Anderson explainmA•·00€M~E- the Town has been offered a 48" tall bronze recilialfing fountain sculpture named "Wishful Thinkin'" by SonpY+fee, Cheyenne, Wyoming, Ms. Lee would like the sculeS,lae< placed in Tregent Park. The Sculpture Committee hu-¢Fproved this donation. Approximately $5,000 will be neeip•'to provide water, electricity and a plague. Senior Planner-WE-eph will prepare a site plan, and the sculpture Will be nkeded in 1998, subject to the 1998 Budget. The Committ,d'Lecommends approval of this sculpture for placement in Tr&0•G Park, requesting Director Anderson write a letter of -Appreciation to the donor. BRADFOID PUILISHING.0. RECORD OF PROCEEDINGS Public Works Committee - August 28, 1997 - Page 2 WATER DEPARTMENT CARBON FEEDER - REOUST TO PURCHASE. 4,¢ Director Linnane explained that the budget includes $11,000 for the purchase of a carbon feeder for the Marys Lake Water Treatment Plant. A bid of $10,100 from Municipal Treatment Equipment in Lakewood was received. This equipment is needed to eliminate taste and odor from the water, and will only be used when necessary. The Committee recommends approval of the carbon feeder purchase in the amount of $10,100 from Municipal Treatment Equipment. HWY. 7 WATER LINE & STORM SEWER CHANGE ORDER - REOUEST APPROVAL. Di ctor Linnane explained that CDOT requested the Town relocate a fi e hydrant to facilitate construction of the storm draina syste Weinland Construction submitted an invoice in the am t of $4,4 .00 for this work. The Committee recommends approv of $4,400.0 to Weinland Construction, which will be reimburs 100% by CDOT. SPRUCE AND RO WELL STREET BRIDGE CONSTRUCTION APPROVAL OF EXPENDITURE. Manager Sievers e lained that the bids ceived for this construction are $10, 00 higher than the bu eted amount. This is due to the need fo specialized qualif' ations and equipment to perform high press e grouting. e budgeted amount is $166,500, and the low id is $173, 4.02. The engineer's estimate was on the high- d on the outing quantity, and this may result in a $15,000 re ction. ther Public Works projects are under budget and sufficie t fu s can be transferred to this project if necessary. The Co i ee recommends approval of the low bid in the amount of $1 574.02 for completion of the Spruce/Rockwell St. Bridge r ab' itation. Construction will begin Sept. 15 with completi expe ed by October 31. REPORTS. Highway 7 Project date: Traffic si al lights will be installed after Oc ober 15, with completi of the project expected by Octob 31. Construction of t bike path will continue. Lake Estes Ca seway Trail Project, Phase 2: G. . Hoff will begin constr tion September 8 with expected concret completion expected b October 1. The Wapiti Bridge will be in alled by October , if bridge delivery is on schedule. EV D will complete the area along the Fire Hall and Bureau, whi will includ a connection to Hwy. 7. Manager Sievers reques d a lette of agreement with the Recreation District regarding p ns for at area. ere being no further business, Chairman Doylen adjourned the eeting at 9:12 a.m. J.·le ta£ / 'Ld Tina Kuehl, Debuty Town Clerk IRAD/0/OPUBLISHINGCO. RECORD OF PROCEEDINGS Public Works Committee - August 28, 1997 - Page 2 WATER DEPARTMENT CARBON FEEDER - REOUST TO PURCHASE. -.00. Director Linnane explained that the budget includes $ u.,Dee?6r the purchase of a carbon feeder for the Marys_,0.0~ke Water Treatment Plant. A bid of $10,100 from Mun~i-fS1 Treatment Equipment in Lakewood was received. This g~05?nent is needed to eliminate taste and odor from the watel*knci will only be used when necessary. The Committee recompel~Rs approval of the carbon feeder purchase in the amount of-ELE, 100 from Municipal Treatment Equipment. HWY. 7 WATER LINE &-.fORM SEWER CHANGE ORDER - REOUEST APPROVAL. Director L.inn.00€ explained that CDOT requested the Town relocate a fire hydplit to facilitate construction of the storm drainage system. JWinland Construction submitted an invoice in the amount of $4.*00.00 for this work. The Committee recommends approval of $4,506.00 to Weinland Construction, which will be reimbursed 100% .D/CDOT. SPRUCE AND ROCKWELL STREET BRIDGE CONSTRUCTION - APPROVAL OF EXPENDITURE. 45- Manager Sievers explained that the bids received for this construction are $10,000 higher than the budgeted amount. This is due to the need for specialized qualifications and equipment to perform high pressure grouting. The budgeted amount is $166,500, and the low bid is $173,574.02. The engineer's estimate was on the high-end on the grouting quantity, and this may result in a $15,000 reduction. Other Public Works projects are under budget and sufficient funds can be transferred to this project if necessary. The Committee recommends approval of the low bid in the amount of $173,574.02 for completion of the Spruce/Rockwell St. Bridge rehabilitation. Construction will begin Sept. 15 with completion expected by October 31. REPORTS. 1 Highway 7 Project Update: Traffic signafghts will be installed after October 15, with comal-foh of the project expected by October 31. Constructip--of 'the bike path will continue. Lake Estes Causeway Trail .,pe'~~ect, Phase 2: G. L. Hoff will begin construction Septeml#r 8 with expected concrete completion expected by October 4+-The Wapiti Bridge will be installed by October 15, if brkrge delivery is on schedule. EVRPD will complete the ar,*0'along the Fire Hall and Bureau, which will include a con,dlction to Hwy. 7. Manager Sievers requested a letter of g€€ement with the Recreation District regarding plans for that jfea. T4/fe being no further business, Chairman Doylen adjourned the ~Eeting at 9:12 a.m. Ut..,4 *L.£42- /94-15 Tina Kuehl, Debuty Town Clerk BRADFOROPUILISHING.0. RECORD OF PROCEEDINGS Community Development Committee September 4, 1997 Committee: Chairman Doylen, Trustees Barker and Marshall Attending: Trustees Barker and Marshall Also Attending: Town Administrator Klaphake, Directors Hinze, , Kilsdonk and Stamey, Advertising Manager Marsh, Clerk O'Connor Absent: Chairman Doylen Trustee Marshall called the meeting to order at 8:01 a.m. SPECIAL EVENTS. Event Critique. Director Hinze reported on the f °119..Mg events: -000.- Westernaires (39th Year) - This is-W**o~-hwhile youth organization, and they produc„rhcome for the Park School District (school bt#n-tal) . This year's attendance was at all me high despite inclement weather. The Wes aires have signed a two-year contract this ye Barrel Ra ' g Association (lst Year) - First-time event; st likely will not return as this show is move every year. Participation was negligible, and s f would request a guaranteed minimum should they eturn. *6 Rodeo Stock Contractor Agreement. The Committee reviewed said Agreement with Powder River Rodeo Productions, Inc. The Agreement is for 1998 and includes 1-year renewals through 2000. The fee is $30,200, an increase of $2,700 , from the previous 3-yr. Agreement. The Rooftop Rodeo Committee has met with Powder River and both parties have agreed on a new 3-yr. contract. The Committee recommends approval of the Agreement as presented. nt Ranking. Director Hinze reported on the 1996 top 25 eve s/conventions as listed in the Northern Colorado Busin Report: #7 Christmas Parade, #8 Scottish Festiv , #12 Roo Rodeo, #20 Wool Market, #22 Fine Arts ild Crafts Sho , and #25 Art Walk/Jazz Fest. Christmas Holida Event Weekend - Report. is event is scheduled December -14, 1997, and staff ported on the proposed events: begi 12/12 at 4:00 .m., and concludes 12/14 at 4:00 p.m. Orga 'zers are Business Advocates, Chamber Resort Assn. (CRA) a Spe ' 1 Events Dept. CRA Director David Thomas p e d a new poster for this event entitled "Celebrate es Pa " The poster will be distributed across the ver marketpl e, and 100 corporate locations, as well Northern Colorad Organizers are working with Chann 4 for a live remote on 'ther Friday or Saturday night. he poster was drawn by Se s Berkeley, with assistan from Peter Marsh. Organizer will attempt to capture front range comm 'ties by pro ing a superior holiday event. Elkhorn Ave. wi be Clos from E. Elkhorn where it intersects with Riverside D west to Spruce St. The street closure will be formally AGREEMENT THIS AGREEMENT, made and entered into this day of , 1997, by and between the TOWN OF ESTES PARK, a Colorado Municipal Corporation, hereinafter referred to as "Town" and POWDER RIVER RODEO PRODUCTIONS, INC., hereinafter referred to as "Rodeo" . WITNESSETH: 1. Rodeo shall produce for Town a rodeo to include six (6) performances, commencing on the 7th day of July, 1998 at Stanley Park, Estes Park, Colorado. Performances shall be as follows: No. of Shows Dates Time 1 July 7, 1998 7:30 P.M. 1 July 8, 1998 7:30 P.M. 1 July 9, 1998 7:30 P.M. 1 July 10, 1998 7:30 P.M. 1 July 11, 1998 7:30 P.M. 1 July 12, 1998 7:30 P.M. Rodeo shall also produce a rodeo to include six (6) performances in July of 1999 and 2000 under the terms and conditions of this Agreement. The Town shall notify Rodeo on or before October 1, 1998 of the specific dates and times for the 1999 performances and on or before October 1, 1999 of the specific dates and times for the 2000 performances. 2. Rodeo shall furnish all supervision, quality stock, personnel and equipment necessary for the six (6) major rodeo events, including but not in limitation thereof the following: pickup men, timekeepers, arena directors, arena secretary, announcer, arena and chute help, rodeo music, 2 bullfighters, and a specialty act to also perform as the barrel man. The Town shall furnish chutes, rodeo grounds, and approved PRCA Rodeo Judges. All personnel and equipment shall be subject to the approval of Town and the Professional Rodeo Cowboy's Association, Colorado Springs, Colorado, and shall comply with said Association's rules and regulations. Rodeo agrees that quality stock shall be stock of the same quality and condition of stock provided at other rodeos in the Northern Colorado area during the term of this Agreement. 3. The Town shall also furnish to the Rodeo fifteen (15) tons of hay and three (3) tons of grain. . 4. Town shall deliver to Rodeo one day prior to the start of the first performance in each year the sum of Fourteen Thousand and 00/100 Dollars ($14,000.00) as prize money which is to be disbursed by Rodeo, together with all contestant's entry fees. Rodeo shall collect all the Contestants entry fees. All prize money agreements are to be subject to the approval of said Professional Rodeo Cowboys Association. In the event that the number of shows is increased or decreased by the Town, the amount of prize money shall be adjusted on a pro-rata basis. 5. Town shall pay to the Rodeo for the production of said Rodeo, as herein agreed, the sum of Thirty Thousand Two Hundred and 00/100 Dollars ($30,200.00) to be paid upon complete performance of Rodeo. 6. Town agrees to furnish the facilities at Stanley Park for the Rodeo. 7. Town shall arrange for an ambulance at the rodeo grounds during all contests. 8. Town shall have the overall authority, control and supervision of Stanley Park, except the production of the rodeo portion thereof, as hereinabove provided, which shall be under the sole supervision, control and responsibility of Rodeo. 9. Rodeo shall provide comprehensive general liability insurance with minimum policy limits of One Million and 00/100 Dollars ($1,000,000) for each occurrence and One Million and 00/100 Dollars ($1,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractional employee's acts), contractional and independent contractors. The Town shall be named as additional insured on this policy. Rodeo shall furnish certificates evidencing the above insurance requirements including the addition of the Town as additional insured on the general comprehensive liability policy, as least thirty (30) days prior to the beginning of the rodeo. The Town shall reimburse Rodeo upon presentation of said Certificate for the cost of this insurance. Said sum shall not exceed One Thousand Five Hundred and 00/100 Dollars ($1,500.00). The parties to this Agreement understand and agree that the Town is relying on, and does not waive, by any provisions of this Agreement, the monetary limitations or terms (presently $150,000.00 per person and $600,000.00 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10-101 et. seq., C.R.S., as from time to time amended or otherwise available to the Town or Any of its officers, agents or employees. (2) . Rodeo understands and agrees that they are an independent contractor under the terms and conditions of this agreement. As such, they are not entitled to unemployment or insurance benefits through the Town. Also, the Rodeo understands and agrees that they are solely responsible for all Federal and State Income Tax, FICA taxes and Unemployment Insurance taxes. Rodeo also understands and agrees that they are responsible for Workmen's Compensation coverage and taxes for themselves and any employee. ' 10. All notices, demands or other documents required or desired to be given, made or sent to either party, under this Agreement shall be in writing, shall be deemed effective upon mailing or personal delivery. If mailed, said notice shall be mailed, postage prepaid registered mail as follows: Town of Estes Park c/o Linda Hinze Estes Park Fairgrounds PO Box 1967 Estes Park, CO 80517 Powder River Rodeo Productions, Inc. c/o Hank Franzen PO Box 626 Wright, WY 82732 11. In the event that there is a default under any terms and conditions of this Agreement, the non-defaulting party shall give the defaulting party ten (10) days notice in writing of said default. If said default is not cured within said ten (10) day period, then the non-defaulting party shall be entitled to all damages incurred by the non-defaulting party as a result of said default, including an action for specific performance. Said damages shall include all reasonable attorney's fees and court costs incurred by the non-defaulting party. 12. Rodeo agrees to include the Town on all releases or waivers of liability obtained by Rodeo from the participants, contestants, and/or exhibitors of said show, with Town to be released in the same manner as Rodeo. Rodeo agrees to furnish to the Town a copy of the waiver or release form which Rodeo intends to use for said purpose. 13. Rodeo agrees that Town shall not be liable for any injuries, sickness or damage to any of Rodeo's employees, livestock or personal property, and Rodeo agrees to indemnify and to hold Town harmless therefrom and from any third-party claims for loss, damage, sickness or injury caused or alleged to have been caused directly or indirectly by Rodeo, its employees, agents or animals, or caused or alleged to have been caused directly or indirectly in any manner whatsoever by the herein agreed upon performances by Rodeo. Said indemnification shall include all reasonable attorney fees 'and costs incurred by the Town resulting from any third party claim. (3) 14. This agreement represents the entire agreement between the parties and shall not be amended by either of the parties hereto without written consent of the other party. 15. This agreement shall be binding upon and insure to the benefit of this parties hereto, their successors and assigns. 16. The Town shall have the option of extending this contract for two additional one year periods for 1999 and 2000. The Town shall give Rodeo written notice on or before October 1, 1998 of its intention to extend this Agreement for 1999 and on or before October 1, 1999 of its intention to extend this Agreement for 2000. Also, on or before said October 1st date, the Town shall include within its written notice the date and times of performances. 17. In the event that the Town extends this Agreement for 1999 and 2000, all other terms and conditions of this Agreement shall remain the same as stated. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. TOWN OF ESTES PARK BY: Mayor ATTEST: Town Clerk POWDER RIVER RODEO PRODUCTIONS, INC. BY: -Lrit,/4.-3<t«/1.2 Hank Franzen O ATTEST: (4) . BRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Community Development Committee - September 4, 1997 - Page 2 p sented at an upcoming Public Safety Committee meetin Sto have been requested to stay open, and organizer re raisin oney for sponsorships. Entertainmen 'ncludes: carriage and wagon r s, carolers, chestnuts roas , bonfire, pony rides, nds, Santa and elves, and dance. A substantial f works display is planned on Friday eve * , and on urday, the "USA Show Stoppers" (approx. 60 enag , dressed in Dickens costumes, will appear in Bon ark. This group opened the show for the City/coun Bu 'ng Christmas Lighting Ceremony. Stanley Vill , RMNP, an e Estes Park Brewery are also participati A similar ev is not being promoted, an rganizers believe thi eekend could become a premier holi event for Estes ark. Package lodging and meals will be pr ted in a and on the poster. Mr. Thomas encoura d ide contacts, and commended the joint team effort from s ff and the Business Associates. Sound System/Elkhorn Avenue - Authorization to Purchase. In *1. reviewed past experience in the rental of a sound system to a memorandum dated August 26, 1997, Administrator Klaphake provide downtown Christmas music, including music for the Christmas Parade. Staff is proposing the Town lease purchase a wireless sound system at a cost of $38,631. Equipment would be purchased from Mountainsong Music who provided the specifications. Four-year lease purchase bids were solicited from local financial institutions: Institution Interest Rate Annual Payment United Valley Bank 6.24% $11,220 Park National Bank 6.653% $11,316 Staff is recommending the lease purchase of equipment from Mountainsong for $38,631, financed by United Valley Bank. Administrator Klaphake noted that the lease purchase for the tents finalizes this year, thus funding is available beginning in 1998. The 1997 Budget must be amended to include the initial purchase as a first year revenue and expenditure, with the annual payment of $11,220 shown as an expenditure beginning with the 1998 Budget. Staff is planning on purchasing the equipment for the 1997 holiday season. Director Hinze reviewed the equipment specifications as prepared by MountainSong, including the proposed sites for receiver/speaker locations. Store owners have not yet been contacted; if they agree with placement, waivers will be obtained. The Master System would be installed on the Municipal Bldg., and receivers spread throughout this system. There will be three areas for wireless microphones: W. Elkhorn, mid-Elkhorn and East Elkhorn which will provide a significant service for all parades/events. Staff confirmed that the installation will not be performed in- house due to liability concerns. There could be minor expenses (electrical and ASCAP license), and these costs would be funded from the Stanley Park budget. Ownership would occur at the end of 4 years. The Committee recommends approval of staff's request to purchase the equipment from MountainSong Music for $38,631, financed by United Valley Bank, as presented. BRADFOROPUal_ISHINGCO RECORD OF PROCEEDINGS Community Development Committee - September 4, 1997 - Page 3 September 20-21; and the Mini Railroaders Assn. are sponsoring a train show September 27-28 in Barn W, and over 1,000 are expected to participate. COMMUNITY DEVELOPMENT. 1997 Advertising Report. Manager Marsh reported on the Fall Television Campaign. The primary Target Market is y , affluent adults who use television news as their imary source of information rather than the News, Po , or other local daily newspaper. The secondary mar is a broader age range of 21 - 54. The theme is t proximity to the Front Range resident for recreationa ctivities, commercial activities, wildlife, scenics i d around Town and RMNP summarized with the tag "Este ark - more than you can do in a day - such a short dr' away" (so much to do, so close to you). Production * by Nick Molle', Marsh and the Advertising Policy mittee. Manager Marsh reviewed the time slot schedul ich will air Thursdays through Sundays, ending 12/12-13 The Town last advertised on Channel 4 in 1989. Staf reported the television campaign is $15,000 plus pro ction. Manager Marsh commented on the sponso ip program between Steamboat Springs and Channel 4. Thi ampaign is a test, and staff will report the results anuary. 1997 Magazine Conversion Study Agreement - Request Approval. *2, Manager Marsh stated that the survey instrument is complete, and selection of names will be complete by mid-month, when the mailing will begin. RRC performed a similar study in 1993, and a different approach in the managing of data is being proposed to minimize costs. This study will establish a basis for annual mini-conversion studies. The Committee recommends approval of the Agreement with RRC Associates as presented. MUSEUM. Personnel. Following interviews of five candidates, st elected not to fill the Curator position until 8. Mic le Zupan has agreed to work full-time as cting Curato ' until November 14th. Negotiations ar underway with one f the candidates to install the w' er exhibit "The Prints Lyman Byxbe", opening Novembe 2nd Upcoming Events. ~oint reception wi the Art Center is planned September 1 h for the Ima of the West: John Fielder Photographs Ex ' it. Joh ielder will do a book signing at the Museum on temb 23rd from 3:00-4:00 p.m. The Friends Annual Meeting ' cheduled September 28th at The Stanley Hotel. Fe red eaker is Susan Davis, Director of the Stanley seum in ' gfield, Maine. Dinner is $25.50/person. -1-,A- - The American Assoc' tion for State and cal History and Colorado-Wyoming sociation of Museums wi have a Joint Annual Meeting tober 1-4 in Denver. The Mu m is hosting a reception 46 attendees for a pre-confer e tour of Estes Park October 1. The new "Tracks in T " video will be ilable for viewing at the conference, d the brochure s included in the conference packets. Coll ions Policy. The Advisory Board and staff ar re mending a modification to the Museum's Collections P icy. Two changes would clarify who has access to the LETTER OF AGREEMENT FOR PROFESSIONAL SERVICES Related to a Survey-Based Conversion Study Concerning Magazine Inquiries Regarding Estes Park This letter agreement is made as of July 20, 1997 between the Town of Estes Park as "Contractor" and RRC Associates as "Consultant. 1. Survey Design and Testing The Consultant (RRC) will assume primary responsibility for the design and review of the survey instrument to be used in Estes Park. In preparing the survey, we will work closely with Town staff to establish appropriate wording that would address market research issues, and ensure comparability to the maximum extent possible with past studies that have been done. This joint effort will determine the appropriate length for the questionnaire, the priorities for topics to be addressed, and the optimal method for obtaining the best possible sample of magazine and Internet inquirers concerning Estes Park. RRC will undertake final formatting of the survey instrument for "scanning," and print the forms. Consultant will distribute the forms in an agreed-upon manner, generally consisting of mailing forms to approximately 8,000 inquirers. (In addition, 100 followup telephone calls will be made to non-respondents to determine the comparability of results from responder/non- responders.) The design of the sample will be such that an accurate profiling of demographics and attitudes of inquirers concerning the Estes Park area will be possible, and some stratification of the database into subgroups can be performed. The Town will be responsible for providing the mailing list or labels for conducting the study. 2. Data Entry and Compilation Consultant will be responsible for entering the raw survey forms into the computer and will generate a series of tables describing the results of the study. Further, the Consultant will prepare lists of a selection of the "open-ended" comments to allow local leaders and the Town staff to review the comments and suggestions being made by respondents. 3. Summary Report with Appropriate Graphics At the conclusion of the data collection phase of the study, the Consultant will assume primary responsibility for preparing a conversion-oriented report of approximately 15 to 20 pages, plus appendices, summarizing the study findings. The two primary purposes of the report will be 1) to document the survey methodology, any limitations to the data collected, and the means by which interested individuals can access the full database that was generated; and 2) to interpret and summarize the key findings from the study in a written discussion that describes results and implications as a source of direction for local policy and marketing efforts. Wherever possible, the report will utilize charts and graphs to illustrate data collected by the survey, and to permit comparisons with past results. The report will also include an executive summary of the results suitable for use with selected groups as an overview of the study. In addition, the Consultant will provide a complete paper copy set of crosstabulated results generated for analysis, and any Excel-based tables on diskette, if requested. 4. Work Session on Research Results Upon completion of the survey analysis, the Consultant will provide the Town with a draft of the report for review and analysis. After the group has had an opportunity to review the information, a final report will be presented A presentation shall be held at the conclusion of the study with Town of Estes Park Trustees and the Oversight Committee. The session is expected to require minimal preparation by the Consultant and will use the final results (report) as the basis for the presentation and discussion. The Consultant shall provide 10 copies of the Research Results Draft Report, one copy of the full data printout generated during the study (crosstabulation tables), 10 bound copies of the final report, and one camera-ready copy of the final report with appendices. 5. Time Schedule for Completion of Research and Related Documents The Consultant's services shall be provided in accordance with the following schedule: I)ate Purpose August 5- August 19 Survey Instrument Review September and October. Field Surveys December 31 Prepare Draft Report January 15 Final draft report completed, schedule work session with Town staff, oversight committee and other interested groups January 31 Complete all work elements including meeting with Town Council 6. Specific Charges The total cost of the proposed services shall not exceed $15,000, including reimbursable expenses related to travel, postage and printing. Consultants shall be paid for the services as more specifically set forth on Exhibit "A. " 7. Progress Payments Progress payments shall be made by the Client to the Consultant as based upon the monthly billing schedule outlined in Section 10 below. The amounts set forth as compensation for the Consultant shall be due and payable within forty-five (45) days of submission of the request for payment and evidence that the work required to be completed prior to the payment of such progress payments has been performed by the Consultant. 8. Termination of Agreement This Agreement may be terminated by either party in the event the other party defaults under any of the terms and conditions of the Agreement. In the event of said default, the non- defaulting party shall give the other party five (5) days' notice in writing of the default specifying the same. If the default is not corrected within said five (5) day period, the non- defaulting party may terminate this Agreement. The Contractor may terminate this Agreement without cause upon ten (10) days written notice to the Consultant. In this event, the Consultant shall be paid compensation for services performed to the date of notice of termination. In the event of termination, the Consultant shall deliver the originals of all documents which it prepared pursuant to this Agreement up to the date of termination. 9. Ownership of Documents Reports, computer-generated tables, and the final document delivered to Contractor shall be Contractor's property. All documents and copies thereof, prepared by Consultant in connection with this Agreement, which it is required to deliver to Contractor, shall be and remain Contractor's property. Both parties are authorized to retain said documents for their records; the Consultant shall maintain the confidentiality of all reports and findings and shall not release copies of the report without the written consent of the Contractor. 10. Successors and Assigns Contractor and Consultant each bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Contractor nor Consultant shall assign or transfer their interest in this Agreement without the written consent of the other. 11. Governing Law Unless otherwise specified, this Agreement shall be governed by the laws of the State of Colorado. IN WITNESS WHEREOF, this Agreement is executed as of the day and year first written above. TOWN OF ESTES PARK RRC ASSOCIATES AUTHORIZED REPRESENTATIVE PRINCIPAL EXIIIBIT "A" The Client will pay the Consultant on the basis of its time and direct expenses incurred in order to provide the services required by this Agreement, provided, however, that the total amount does not exceed $15,000 unless otherwise agreed to by the Client. The Client will be billed on a monthly basis for work completed and charges incurred during the previous month, as described more fully below: a) The charge for time shall be based on the Consultant's hourly billing rates. b) Direct expenses incurred by the Consultant in connection with the project shall be charged to the Client on the basis of the expenses actually incurred by the Consultant, without any additional surcharge added by it. Such direct expense shall include such items as costs related to printing, postage, travel and long distance telephone charges. c) Upon reasonable advance request, the Client may inspect and copy any or all records of the Consultant which would bear on any amounts charged to the Client pursuant to this Agreement. d) Consultant may bill its charges to Client for its services and expenses hereunder not more than once a month. Each bill shall cover only the services performed and expenses incurred since the last bill, or in the instance of the initial bill, since the date services began. The Client will pay each bill, minus a 10 percent retention, within forty-five (45) days of its receipt. If Client fails to pay Consultant in full within forty-five (45) days of the receipt of the bill, the amount due shall include a late charge at the rate of 1.5 percent per month from the 45th day. e) Each monthly bill shall include a statement which summarizes the time worked and general tasks undertaken by individual members of the Consultant team, including in-house personnel. Upon reasonable advance request, Client may inspect and copy any or all records of Consultant which would bear upon any amounts charged to Client in any particular bill or bills. NAWORODOCS\PROPOSAL\LETTERS\1997\ESTES.DOC TOWN OF ESTES PARK ./'54.rs:-411!~,2/PE'/Abl e , /'.tr:TAL*ZAOMOR, 1 "414§ 2 6,4.Hk ..Mi~. ·. - Robert L. Dekker »*554 _3-iht,4.W!¢9:3! V, - 044#31 lf'1+ Alayor , MEMORANDUM August 26, 1997 TO: Cory Blackman Estes Park Chamber~fes;ft Association FROM: Robert L. Dekker ~.*,t~ Mayor I RE: ADVERTISING ADVISORY COUNCIL Pursuant to conversations by and between the Town, the Chamber Resort Association, and the reorganization of the Chamber Resort Association (CRA), including the hiring of a new Executive Director, the Town of Estes Park agrees to reorganize the Advertising Committee effective October 1, 1997. The agreement includes the following: 1. The CRA President shall appoint members for a three-year term to the Estes Park Marketing Council. 2. The Tbwn recommends the following individuals serve on the council: a. CRA Executive Director David Thomas b. Thomas Pickering C. Terry Licence d. Peter Marsh e. Jeff Barker (Town Trustee) f. Plus four members from the CRA ")70, 586-35.4-1 • RO. BOX 1200 • 170 MAC GREGOR A\ ENUE • ESTES PARK, CO 80317 • FAX (970) 586-2:'d . Town of Estes Park Estes Park, Colorado 80517 Advertising Advisory Council -2- August 26, 1997 3. The Council shall: a. Develop a long-term marketing direction that includes the establishment of specific plans for marketing programs, advertising, special events, collateral, including the visitors guide, and fulfillment that are designed to increase the exposure and market share of Estes Park that ultimately benefit the Town in growing its tax revenues. b. Develop long-term funding mechanisms. C. Advise on the expenditures for advertising, fulfillment and promotional materials, including all other marketing efforts as outlined in the marketing plan. Payment of said expenditures shall be paid by the Town pursuant to the adopted budget. d. Develop and execute strategies that produce additional funding from both a long-term funding mechanisms and cooperative sources as available from the development of corporate partnerships. Memorancum I)ate: September 3, ·1997 To: Honorable Mayor Dekker Board of Trustees From: Art Anderson, Contract Officu- Re: Stanley Hall Preservation Roof Contract The re-roofing of Stanley Hall was put out for bid. A total of eleven companies were asked for interest. Three companies responded to the mandatory walk-through of the Project. The bids were as follows: • Apex Roofing No Bid • Douglass Roofing $36,094 • Sunburst Roofing $13,366* *includes $624 of additional work not covered in original bid requested, but determined to be in the best interest of the project. Sunburst Roofing's references have been checked, and based upon the bids, it is recommended that Sunburst Roofing be awarded the contract for $13,366 to re-roof Stanley Hall. Thank you.