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HomeMy WebLinkAboutPACKET Town Board 2004-06-08Prepared 06/03/04 ~39%7*t~~ The Miesion of the Town of Estes Park ie to plan and provide reliable, hi0h-value services for our citizens, visitors. and employees. We take 0reat pride eneurinG and enhancin0 the N*ZE]imp/ ciuality of life in our community by Deine good stewarde of public reeourcee and natural settinG. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, June 8,2004 7:00 p.m. AGENDA PLEDGE OF ALLIANCE PUBLIC COMMENT TOWN BOARD COMMENTS 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 25,2004. 2. Bills. 3. Committee Minutes: A. Public Safety, May 27,2004: B. Community Development, June 3,2004: Special Events Dept.: 1. 2004 Celebrate Estes Event, December 4,2004. Convention Visitors Bureau: 1. Stakeholder Fees - See Action Item #3 below. 2. 2005 Vacation Planner - See Action Item #3 below. 4. Estes Park Housing Authority, May 5,2004 (acknowledgment only). 2. ACTION ITEMS: 1. ORDINANCE #3-04 - CROSS-CONNECTION CONTROL PROGRAM. Public Works Dir. Linnane. 2. MacGREGOR AVE. TRAIL - ADDITIONAL PARKING SPACES - REQUEST APPROVAL OF BUDGET EXPENDITURE. Public Works Dir. Linnane. 3. ESTES PARK CONVENTION VISITORS BUREAU. CVB Dir. Pickering. A. Stakeholder Fee Schedule - Request Approval. B. 2005 Vacation Planner - Report Update. 1 Continued on reverse side 4. PUBLIC HEARING: NEW HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FILED BY HIMALCHULI CORP., dba NEPAL'S CAFE, 184 E. ELKHORN AVE.. UNIT H. APPLICANT REQUEST TO CONTINUE TO JUNE 22,2004. 5. TOWN ADMINISTRATOR'S REPORT. 6. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 2 Town of Estes Park, Larimer County, Colorado, May 25,2004 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 25th day of May, 2004. Meeting called to order by Mayor John Baudek. Present: John Baudek, Mayor Susan L. Doylen, Mayor ProTem Trustees David Habecker Lori Jeffrey-Clark Chuck Levine Bill Pinkham Also Present: Rich Widmer, Town Administrator Vickie O'Connor, Town Clerk Gregory A. White, Town Attorney Absent: Wayne Newsom, Trustee Mayor Baudek called the meeting to order at 7:00 p.m. and all recited the Pledge Of Allegiance. SWEARING-IN CEREMONY. Town Clerk O'Connor conducted a swearing-in ceremony for Police Officer James Carsto who was hired March 1St~ PUBLIC COMMENT None. TOWN BOARD COMMENTS Mayor Baudek announced that the June Rodeo Series begins its season 6/21, 22, 23, and 6/28,29 and all were encouraged to attend. 1. CONSENT AGENDA (Approval of): 1. Town Board Minutes dated May 11, 2004. 2. Bills. 3. Committee Minutes: A. Utilities, May 13, 2004: 1. Water Shop Retaining Wall, Cornerstone Concrete, $32,255. 2. Habitat for Humanity Water Tap Waiver, 652 Halbach Ln. B. Public Works, May 20,2004: 1. 2004 Street Overlay Contract, Aggregate Industries, $170,000. 4. Estes Valley Board of Adjustment, May 4,2004 (acknowledgement only). 5. Estes Valley Planning Commission, April 20, 2004 and May 18, 2004 (acknowledgement only). Board of Trustees - May 25,2004 - Page 2 l A. PLANNING COMMISSION AGENDA (Approval of): Mayor Baudek opened the Public Hearing for all Consent Agenda Items. 1. CONSENT ITEMS: 1. PRELIMINARY & FINAL CONDOMINIUM MAP: A. Sundance Condominiums, Tract 69B of the First Replat of Tract 69, Fall River Addition, Brian Murphy/Applicant. 2. SUBDIVISION. A. Sixth Green Estate Subdivision, a Portion of Lot 9, S. St. Vrain Addition, Robert Dekker/Applicant - APPLICANT HAS REQUESTED THIS ITEM BE CONTINUED TO THE JUNE 22, 2004 TOWN BOARD MEETING. 3. SUBDIVISION & REZONING. A. Bighorn at Spruce Subdivision, a Portion of Lots 22 & 12, Block 10, 2nd Amended plat, Town of Estes Park, David & Susan Habecker/Applicant - APPLICANT HAS REQUESTED THIS ITEM BE CONTINUED TO THE JUNE 22, 2004 TOWN BOARD MEETING. Trustee Habecker declared a conflict of interest with Item 3.A., thus it was moved and seconded (Doylen/Habecker) Items 1.A. and 2.A. be approved, and it passed unanimously. It was moved and seconded (Doylen/Pinkham) Item 3.A. be continued to June 22, 2004, and it passed by the following votes: Those voting "Yes" Trustees Doylen, Jeffrey-Clark, Levine, and Pinkham. Those voting "No" none. Those "Abstaining" Trustee Habecker. 2. ACTION ITEMS: 1. CONVENTION & VISITORS BUREAU BUDGET APPROPRIATION. Upon Mayor Baudek's request, Town Attorney White responded to an e-mail message and attachment from Deeva Boleman, Director/Chamber of Commerce, whereby, the Chamber's legal counsel questioned the legality of the Town taking any action regarding the CVB. In a letter distributed late Tuesday afternoon, George Cerrone, Jr.'s legal opinion was that the Town did not have the authority to operate the visitor center, charge for the use of the visitor center brochure racks by local businesses, answer the 800 telephone line and distribute or charge for "leads" generated by ads, publish an alternative vacation planner, implement a CVB, create and/or charge fees for the use of a tourist website, or create a separate non-profit corporation to undertake any of the Chamber's functions. Town Attorney White disagreed with Mr. Cerrone's opinion, due in part, to there being no cases cited to support the claims, and his (White's) extensive research, therefore, in Attorney White's opinion, the Town Board could continue with this budget request. Trustee comments were made concerning how would services be provided otherwise?, the Town Board represents everyone located within the Town limits, and confirmation that Item #2 in Dir. Pickering's memo addresses the menu of services. C.V.B. Director Pickering confirmed that the CVB will begin operation October 1, 2004, and to meet their mission, the CVB will combine its existing Marketing Dept. with new roles and responsibilities of a traditional CVB. It is the intention that the CVB will generate revenues from sale of its menu of 't Board of Trustees - May 25,2004 - Page 3 services to offset operating expenses. The 2005/2006 budgets will reflect those expenses and revenues. However, the 2004 start-up phase will require a one-time draw from the fund balance to plan, equip, and staff the fourth quarter of 2004. The budget request is $195,000 and staff submitted a cost estimate. Mayor Baudek added that the Town has a fiduciary responsibility to decide what is best for the entire community; best wishes were extended to the Chamber; however, the Town must move forward on this issue. It was moved and seconded '(Habecker/Doylen) the $195,000 budget request be approved, and it passed unanimously. 2. RESOLUTION #8-04 - 2004 BUDGET SUPPLEMENT. Finance Officer Brandjord presented and read aloud a supplemental budget resolution that adjusts the Senior Center Fund by $14,726, Open Space Fund by $43,598, and General Fund by $280,400 - all adjustments are from unappropriated surpluses of each fund to each fund. It was moved and seconded (Doylen/Pinkham) Resolution #8-04 be approved, and it passed unanimously. 3. TOWN ADMINISTRATOR'S REPORT. A. Construction Update. The Municipal Building remains on schedule with a July 14th completion date; the public restrooms should be opened 5/28. The Museum expansion is on schedule and the 6/25 completion date is expected. Trustee Levine requested an update on the removal of the second-floor stairway first reported on at the Public Works Committee meeting. Dir. Linnane reported that due to a vehicular accident involving a private citizen, damage resulted to the second-floor stairway located on the west side of the building. Staff believes the stairway should be removed, not repaired, and the citizen's insurance company has confirmed they will pay for removal. B. Economic Indicators Update. The March 2004 sales tax collections reflect a 6.48% increase over 2003; year-to-date is 12.85% over 2003. Following completion of all agenda items, Mayor Baudek adjourned the meeting at 7:31 P.m. John Baudek, Mayor Vickie O'Connor, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, May 27,2004 Minutes of a Regular meeting of the PUBLIC SAFETY COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 27th day of May, 2004. Committee: Chairman Newsom, Trustees Doylen and Pinkham Attending: Trustees Doylen and Pinkham Also Attending: Town Administrator Widmer, Assistant Administrator Repola, Police Chief Richardson, Fire Chief Dorman, Communications Mgr. Bartram, Officer Gliva, and Deputy Clerk van Deutekom Absent: Chairman Newsom Trustee Doylen called the meeting to order at 8:00 a.m. POLICE DEPARTMENT Public E-mail Notification Systems (PENS) Silent Partner Alert System - Approval Request. Mgr. Bartram briefed the Committee on the PENS Silent Partner Alert System, a web based public service broadcast network designed for government and non-profit organizations. The system provides current updates regarding community issues (i.e., missing persons, natural disasters, utility outages, accidents, road closures, etc.) via text pagers, cell phones, text messaging, e-mail, and personal digital assistants (PDA). There is no cost to the public for membership to the system. The annual fee to provide this service to the community is $960, which could be paid by the LETA 911 surcharge fees. Discussion was held regarding concerns expressed by the Committee to include privacy issues, use by other local entities (i.e., newspapers, school, hospital, RMNP, etc.), Police Dept. regulations regarding release of information, required staffing/training, and existing capabilities and technology. Assistant Administrator Repola reported that the Town Web Team is currently developing a survey to determine the wants and needs of the community regarding internet products and suggested adding a section to the survey to determine community interest in this alert system. Staff was directed to determine how this alert system could be incorporated into the "one point of contact" concept for the Town, returning to the Committee for further consideration. Reports Colorado Police Corp. Officer Gliva briefed the Committee on his involvement with the Colorado Police Corp. This specialized academy is held once a year and provides participants with approximately 1,500 academic/training hours and numerous law enforcement certifications. Corp values and professional pride are key elements of the program. Chief Richardson introduced new Records Clerk Peni Barnes who began her employment on May 100,~ RECORD OF PROCEEDINGS ' Public Safety Committee - May 27,2004 - Page 2 FIRE DEPARTMENT Reports. 2004 First Quarter Incident Run Report. The Committee reviewed the summary incident report that confirmed a total of 88 calls and total estimated loss of $446,210 for the first quarter. Graphs indicated the number of calls by type of call and within/outside Town Limits. New software being used now allows the data to be broken down into subcategories. There being no further business, Trustee Doylen the meeting at 9:05 a.m. Rebecca van Deutekom, CMC, Deputy Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, June 3,2004 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the 3rd day of June, 2004. Committee: Chairman Doylen, Trustees Habecker and Levine Attending: All Also Attending: Assistant Town Administrator Repola, Directors Joseph and Pickering, Managers Hinze, Marsh, and Nikolai, Chief Building Official Birchfield, Clerk O'Connor Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. GROUP SALES. 1. Colorado Society of Association Executives (CSAE) Conference. Mgr. Nikolai attended this conference and reviewed conference highlights. 2. "Call Reports" - This new report was distributed and it outlined personal contacts generated between April 26-May 23,2004. Agricultural groups are being sought due their off-summer meeting schedule. 3. Conference Center Activities: I The Meeting Professionals International Conference is being held in Denver in July, and Estes Park is participating in pre and post familiarization tours; 2-3,000 planners are attending; and Estes Park is one of the sponsors for opening night at Red Rocks. * Website Redesign - This is an on-going project with the IT Dept. to streamline the site and remove duplicate photos, etc. Work will be coordinated with the new CVB website information. * Building Upgrades include annual carpet cleaning and courtyard lighting (installed by the Light and Power Dept.). * Calendar - leads for Fall look favorable and an update will be provided in the near future. SPECIAL EVENTS. 1. 2004 Celebrate Estes Event, December 401. This event is entering its 8th year, and the Chamber of Commerce is requesting approval of the following standard items: a. Exception to Ordinance 15-91 - Containment. b. Entertainment Permit to allow groups/individuals to entertain at Bond Park, Riverside Plaza, Tregent Park, and on Elkhorn Ave.; and to seek gratuities under the Chamber's Business License, as provided in the Entertainment Permit guidelines adopted 8/14/01. c. Horse-drawn wagon rides, utilizing the pre-approved route, provided by the Aspen lodge Livery during the event. There are no associated costs for the Town, nor have there been any negative reports from previous events; staff supports the Chamber's requests. Trustee Habecker questioned the impact of inclement weather; Mgr. Hinze noted that events generally proceed regardless of the weather. The Committee recommending approval of all three items listed above. RECORD OF PROCEEDINGS ' Community Development Committee - June 3,2004 - Page 2 2. JazzFest & Art Walk Weekend, May 15-16 - Evaluation. For the first time, this 14-yr. event was held in Performance Park and favorable comments were expressed. Event organizer Max Wagner was commended. Poppy's Pizza & Grill again sponsored the event and west end merchants reported increased pedestrian traffic. Discussion followed on the possibility of staging the event at various venues throughout the day (with a different scale) to further develop the event and help promote a "festival" atmosphere. Discussion on additional funding will be considered during budget discussions. 3. Miscellaneous. 4 Wool Market is scheduled 6/12-13. 4 The Stanley Park Master Plan Team has begun consultant interviews. Pursuant to the time constraints, consensus was reached for staff to present a report directly to the Town Board on July 13m BUSINESS DEVELOPMENT. CVB (Estes Park Convention & Visitors Bureau) Report. As the CVB is now working on recommendations, Dir. Pickering will be presenting this report on a regular basis: • Stakeholder Fees. Sufficient fees to offset expenses must be generated, and a 12.5-mile geographical area (from Allenspark to Glen Haven) has been established. The stakeholder fee schedule was presented as follows: IN-TOWN* OUT OF TOWN, IN BOUNDARY* 1. Business License 1. Business License Equivalency Fee 2. Property Tax 2. Property Tax Equivalency Fee 3. Collects 4% Sales Tax 3. Pays a 2% fee based on the previous year's revenues THE FOLLOWING FEES ARE IDENTICAL FOR BOTH GROUPS: 4. Phone & computer leads base fee of $200.00; Accommodations/rentals add $10.00/unit; Campsites add $1.00/site 5. Brochure Racks: $150.00/first rack; $50.00 each additional 6. Outdoor Advertising - $300.00 /space 7. Group Leads - $250.00/business 8. Web Links Only - No additional charge 9. Referral System - No additional charge 10. Vacation Planner and Website Enhancements - To be determined *Year-to-year program that is subject to change. From a legal perspective and based upon research, Town Attorney White has reviewed/approved the fee structure. The CVB attempted to make the fees fair and equitable for all its members, and they passed the fees by a 10/2 margin with 1 absent. Responding to a question on how the fees compare to Chamber of Commerce fees, staff reported that currently, out-of-town businesses do not pay for fees 1 through 3 listed above-should businesses elect to join, these businesses will pay considerably more for services rendered. With Fee #8, members will be included in a resource directory; if prominent property description and photo on the accommodations page is desired, web enhancement fees will be offered. Regarding budget, increased revenue from proposed annexations should be noted. The Committee recommends: (1) approval of the Stakeholder Fees as presented, and (2) establishment of a Business Development Dept. Policy Manual to include CVB policies, fees, etc. • 2005 Vacation Planner. Due to the time-sensitive nature of the "lure piece" and the Chamber's lack of response, the CVB is proceeding with a 2005 fulfillment piece. The Vacation Planner will not include any advertising; RECORD OF PROCEEDINGS Community Development Committee - June 3,2004 - Page 3 however the CVB believes it will drive business to Estes Park on the website for this one year. • Information & Technology Assessment Team Retreat, May 25-26,2004. The Retreat participant list was provided, and the group focused on the same goal and cohesive, and all were commended. A workshop will be held to prepare an RFP for the website, and it should be distributed 6/15. Discussion followed on the "brand"; EPURA's development of a new professional logo (they have since assigned management of the logo to the CVB) and potential adoption by the Town Board when/if appropriate; and current "Tag" line - 'get into the real Rockies'. ADVERTISING POLICY COMMITTEE. Reports: > Current ad samples were displayed; 1 Requests for Information were up 45.7% over the same period in 2003; P Advertising-generated requests as of 4/30 were up 59.5% from 2003; > E-mailed requests as of 5/31/04 were up 13.9% as compared to 2003; > WATS line calls were down 21.6% as of the end of March; 4 August and September magazine ad materials are being shipped; 4 The Denver newspaper agency on-line campaign ad has been approved; 4 The Rooftop Rodeo collateral material work is in progress; 4 Preliminary designs for the 2005 Lure Piece have been completed, and it will be presented to the Ad Committee 6/16; at a CVB Board meeting; then the Community Development Committee in August; 4 Personnel: Interviews for the CVB Communications Coordinator position is complete; there were39 applicants; and staff anticipates a decision by Monday, 6/7/04. The job description was reviewed. COMMUNITY DEVELOPMENT. International Code Adoption Procedure. Chief Birchfield reported on a meeting schedule with all affected local agencies to review the new Code, and procedure (public notification requirements) for adoption. Significant issues with this new Code include: the Town, not the Code, would create its own fee structure; wind speed; and sprinkler requirements. Staff expects to submit a proposed fee schedule to the Community Development Committee in August. Wind Study - Funding Request. Regarding the wind speed design criteria, current copies of the Climatic and Geographic Design Criteria Chart for ground snow load, wind speed, and seismic design were distributed. The criteria are based on scientific data, and the Building Dept. is currently using a wind speed of 90 mph for wind speed design. Estes Park has been identified as a "special wind region", and an opportunity now exists for the Town to participate in a comprehensive wind study of the Front Range as prepared by the Structural Engineers Assn. of Colorado, etal to accurately determine wind speed design requirements. Staff is recommending participation in the study, to include a $500.00 funding request. Discussion followed, with the Committee recommending approval of Town participation in the wind study, and the $500.00 expenditure, with the expenditure to occur within the existing budget. There being no further business, Chairman Doylen adjourned the meeting at 9:49 a.m. Vickie O'Connor, CMC, Town Clerk Estes Park Housing Authority (EPHA) Board Meeting Date: May 5,2004 Members Present: Susan Doylen„ Eric Blackhurst, Catherine Jensen, Jack Dinsmoor; Karla Porter Members Absent: Staff Present: Rita Kurelja, Sam Betters, Rich Ekwall, Sharlet Lee, Others Present: Joe Wise, Ron Gordon Guests: The May 5,2004 meeting of the Estes Park Housing Authority was called to order by Chairperson Susan Doylen at 8:35 a.m. in Room 203 of the Estes Park Municipal Building. APPROVAL OF MINUTES Motion was made to approve the April 2004 minutes of Estes Park Housing Authority Board of Directors meeting by Jack Dinsmoor and seconded by Karla Porter. Vote was called for. All voted Aye. Motion to approve the April 2004 minutes of the Estes Park Housing Authority passed. COMMITTEE REPORTS- None to report FINANCIALS- None to report DEVELOPMENT UPDATES Talon's Pointe Apartments- Brief discussion on the Hot Water heater issue. Rich Ekwal reported that he was confident the problem had been solved. Vista Ridge- • Contract-Rita requested that the contract the EPHA had put on unit #871 be cancelled due to the fact that the sales requirements imposed by the Bank of Colorado had now been satisfied. Motion was made by Eric Blackhurst to cancel the contract the EPHA had on unit #871 and seconded by CJ Jensen Vote was called for and all voted Aye. Motion passed. • Rich Ekwal reported that Phase 2 in on schedule with only 4 weather delay days to date. COMMITTEE REPORTS Communications to Report - none to report. REPORTS UPDATES & OTHER MISCELLANEOUS ITEMS Cleave Street - • Renovation: Rita reported that Dave Lingle's bid for conceptuals would be in the range of $2000-$2800. Will move ahead with. EPHA Board Meeting Minutes Page 1 • Occupancy and Delinquency Report- 100% occupancy with $760.00 delinquent 30- 60 days. Rita reported she is working with this tenant. Talons Pointe- • Marian could not be present today, but vacancy is 2 empty units and delinquency is $867.59 for 0-30 days and $11.59 for 30-60 days. OTHER BUSINESS- • NAHRO Award- Rita reported that Talons Pointe had been award the 'Award of Excellence' in the Housing Design category. Would be presented at the Annual Conference on May 131 Sue Doylen would accept. • Town Presentation- Rita had given a presentation to the Town Board and it was well received. ADJOURN Motion to adjourn was made by Eric Blackhurst and seconded by Karla Porter. All voted Aye. Meeting was adjourned at 8:50 am. Respectfully submitted, Rita Kurelja Estes Park Housing Authority Program Manager EPHA Board Meeting Minutes Page 2 TOWN OF ESTES PARK Inter-Office Memorandum Date: June 4,2004 TO: Town Board FROM: Bill Linnane 669#-0~ SUBJECT: Ordinance #3-04 - Cross-Connection Control Program Background: During the fall 2002 budget process, staff informed the Board of the upcoming new EPA requirements concerning backflow prevention. The Board approved a request to add a backflow prevention specialist and in July 2003, Don Holbeck was hired to fill that position with the Town. The new EPA backflow prevention requirement is now addressed in Article 12 of the Colorado Primary Drinking Water Regulations. The Town's Water Department is now required to adopt an ordinance that protects the public from potential potable water contamination. The May Public Works Committee discussed the requirement and reviewed a draft ordinance. Attorney White attended the meeting and presented his review comments. The attached ordinance has been reviewed by Attorney White as well as Water Department staff. Water Department and backflow prevention personnel, as well as Attorney White will attend the Town Board meeting to present the ordinance request and to answer questions. CosUBudget: N/A Action: Staff recommends 1) approval of Ordinance #3-04; and 2) recommends adding Ordinance #3-04 as Chapter 26 of the Municipal Code BL/lb Attachment *Revised 6/8/04; See Pg. 4, Item h. ORDINANCE NO. 3-04 AN ORDINANCE AMENDING TITLE 13 - PUBLIC UTILITIES BY ADDING CHAPTER 26 - CROSS-CONNECTIONS TO THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the purpose of this ordinance is to: (1) Protect the public potable water supply of the Town of Estes Park from the possibility of contamination or pollution by isolating or containing within the consumer's internal distribution system(s) or the consumer's private water system(s) such contaminants or pollutants that could backflow into the public water system; (2) To promote the elimination or control of existing cross connections, actual or potential, between the consumer's in-plant/in-house potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems; and (3) To provide for the maintenance of a continuing program of cross- connection control that will systematically and effectively prevent the contamination or pollution of all potable water systems; and WHEREAS, Town of Estes Park has the authority to implement and maintain a cross-connection control program as contained in this Ordinance, and; WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park, Colorado, by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Municipal Code shall be amended by the addition of Chapter 13.26 Cross-Connections as follows: Section 13.26.010 General Policy The Water Department shall be responsible for the protection of the Town's potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgment of the Water Department, an approved backflow-prevention assembly is required at the consumer's water service connection; or, within the consumer's private water system for the safety of the water system, the Water Department shall give notice in writing to said consumer to install such an approved backflow-prevention assembly(s) at specific location(s) on his/her premises. The consumer shall install such approved assembly(s) within the time frame set forth in the notice and at his/her own expense; and, failure, refusal, or inability of the consumer to install, have tested, and maintain said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met. Section 13.26.020 Definitions Definitions of terms used in this chapter are those contained in the Colorado Cross Connection Control Manual, Colorado Department of Health and Environment's latest edition unless otherwise defined below: Approved Backflow Device. A backflow device or air gap meeting the standards and installation requirements of the A.S.S.E. (American Society of Sanitary Engineers), the latest edition of the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual and/or the requirements of the Water Department. Approval by the Department will be dependent upon the hazard(s) assessed, but shall not be less than the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual requirements. for potable water system protection. "Approved" status shall also be contingent on inspection, testing and passing of such test by a Certified Cross Connection Control Technician. Any variation or exception may be by direction from the current edition of the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual. Certified Cross Connection Control Technician. A person who has passed and possesses a current certification for one of the following national certification council(s): American Society of Sanitary Engineers (A.S.S.E.), the American Backflow Association (A.B.P.A.), the American Boards of Certifications (A.B.C.) for backflow tester and repairer. Any variation or exception will be by direction from the current edition of the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual. Containment. The installation of an approved backflow device isolating the premises and all plumbing connections to the service connection therein from the Town's potable water supply. At the Department's discretion, installation of the approved backflow device shall, at a minimum, be placed at or near the property line with all necessary equipment/enclosures to ensure uninterrupted service and meet all installation safety codes at the consumer's expense. Cross Connection. A connection or potential connection between any part of the Town's potable water system and any other environment containing other substances in a manner that, under any circumstances would allow such substances to enter the Town's potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste 2 products, steam, water from other sources (potable or nonpotable), or any matter that may change the color or add odor to the water. Department. The Town of Estes Park Water Department. Service Connection. The terminal end of the water supplier service connection from the Town's potable water distribution system to the threads on the corporation stop where the Water Department loses jurisdiction and sanitary control and consumer ownership begins. "Service connection" shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the Town's potable water system. Section 13.26.030 Requirements: a. New Connection. All new connections to the Town's water system shall have an approved backflow device. The Department will provide on-site evaluation and/or plan review in order to determine type of backflow device that will be required as a condition of service. All new connections requiring a backflow device shall be inspected and tested by a Certified Cross Connection Control Technician. b. Changes in Service. Any changes in service including, but not limited to, reconnection, change in the number of fixture values, or change in the type of water service, shall require installation of an approved backflow device. c. Existing Installations. For connections or premises without backflow device(s) existing prior to September 1, 2004, the Department will perform on- site evaluations and/or plan reviews and inform the consumer by letter of any corrective action deemed necessary, the method of correction, and the time allowed for correction as a condition of service. Up to 60 days will be allowed but may be shortened depending upon the degree of hazard (pollutant or contaminant) involved. The Department does not waive the right to require a backflow device if future conditions require such. d. Testing. All backflow devices shall be tested at least annually by a Certified Cross Connection Control Technician using the latest test procedures as specified by one of the following councils (A.S.S.E., A.B.C., A.B.P.A), and is not a failed device. e. Emergency Disconnection. At the Department's discretion, severing the service connection will be performed if degree of hazard warrants such action in order to protect the Town's potable water supply. Discontinuance of service may be summary, immediate, and without written notice whenever, in the judgment of the Department, such action is necessary to protect the Town's potable water supply or the distribution system. 3 f. Failure to Comply. If, after a first notice by letter or direct delivery of notice, the consumer fails to comply with the Department's directive or fails to allow access to premises for inspection, immediate termination of service will occur, or at the Department's discretion, no more than an additional ten (10) days shall be granted to comply with said directive. Failure to allow access by the consumer, or those designated by him, to premises for inspection by the Department will automatically classify the premises as a high hazard risk to the Town's potable water supply. Appeal of any notice shall be directed to the Public Works Director. An appeal shall not stay the execution of the Failure to Comply order by the Department in order to protect the Town's potable water supply. The Failure to Comply Order may be reversed if the appeal is upheld. g. Record Keeping. The Department shall maintain records of all backflow device inspections and test results for a minimum of three (3) years. h. Variance. Upon written application by the consumer, the Department may vary any of the requirements of this section upon the finding by the Department that an approved backflow device is not necessary to protect the Town's potable water supply. The Department may approve the variance with or without conditions. Section 13.26.040 Requirements of the Consumer a. Cross-Connection(s). The consumer shall be responsible for the elimination or protection of all cross-connections (known or unknown by the Department) on his/her premises by an approved backflow device at his/her expense. Such backflow device expenses shall include installation, maintenance, protection, testing, repair, removal or replacement of said device(s) as required by the Department as a condition of service. b. Backflow Device. The consumer or those occupying any premise shall not bypass, disable, remove, or modify any backflow device without written consent by the Department. Any such modifications shall result in termination of service. c. Fire Suppression System Design and Installation. The consumer or those designated by him will comply with current N.F.P.A. standards and/or the current Water Department Policy Manual as amended when designing, installing and maintaining any fire suppression system as a condition of service. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. 4 ORDINANCE NO. 3-04 AN ORDINANCE AMENDING TITLE 13 - PUBLIC UTILITIES BY ADDING CHAPTER 26 - CROSS-CONNECTIONS TO THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the purpose of this ordinance is to: (1) Protect the public potable water supply of the Town of Estes Park from the possibility of contamination or pollution by isolating or containing within the consumer's internal distribution system(s) or the consumer's private water system(s) such contaminants or pollutants that could backflow into the public water system; (2) To promote the elimination or control of existing cross connections, actual or potential, between the consumer's in-plant/in-house potable water system(s) and nonpotable water systems, plumbing fixtures, and industrial piping systems; and (3) To provide for the maintenance of a continuing program of cross- connection control that will systematically and effectively prevent the contamination or pollution of all potable water systems; and WHEREAS, Town of Estes Park has the authority to implement and maintain a cross-connection control program as contained in this Ordinance, and; WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend the Municipal Code of the Town of Estes Park, Colorado, by the adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Municipal Code shall be amended by the addition of Chapter 13.26 Cross-Connections as follows: Section 13.26.010 General Policy The Water Department shall be responsible for the protection of the Town's potable water distribution system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connection. If, in the judgment of the Water Department, an approved backflow-prevention assembly is required at the consumer's water service connection; or, within the consumer's private water system for the safety of the water system, the Water Department shall give notice in writing to said consumer to install such an approved backflow-prevention assembly(s) at specific location(s) on his/her premises. The consumer shall install such approved assembly(s) within the time frame set forth in the notice and at his/her own expense; and, failure, refusal, or inability of the consumer to install, have tested, and maintain said assembly(s) shall constitute grounds for discontinuing water service to the premises until such requirements have been satisfactorily met. Section 13.26.020 Definitions Definitions of terms used in this chapter are those contained in the Colorado Cross Connection Control Manual, Colorado Department of Health and Environment's latest edition unless otherwise defined below: Approved Backflow Device. A backflow device or air gap meeting the standards and installation requirements of the A.S.S.E. (American Society of Sanitary Engineers), the latest edition of the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual and/or the requirements of the Water Department. Approval by the Department will be dependent upon the hazard(s) assessed, but shall not be less than the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual requirements for potable water system protection. "Approved" status shall also be contingent on inspection, testing and passing of such test by a Certified Cross Connection Control Technician. Any variation or exception may be by direction from the current edition of the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual. Certified Cross Connection Control Technician. A person who has passed and possesses a current certification for one of the following national certification council(s): American Society of Sanitary Engineers (A.S.S.E.), the American Backflow Association (A. B.P.A.), the American Boards of Certifications (A. B.C.) for backflow tester and repairer. Any variation or exception will be by direction from the current edition of the Colorado Department of Health and Environment's Colorado Cross Connection Control Manual. Containment. The installation of an approved backflow device isolating the premises and all plumbing connections to the service connection therein from the Town's potable water supply. At the Department's discretion, installation of the approved backflow device shall, at a minimum, be placed at or near the property line with all necessary equipment/enclosures to ensure uninterrupted service and meet all installation safety codes at the consumer's expense. Cross Connection. A connection or potential connection between any part of the Town's potable water system and any other environment containing other substances in a manner that, under any circumstances would allow such substances to enter the Town's potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste 2 products, steam, water from other sources (potable or nonpotable), or any matter that may change the color or add odor to the water. Department. The Town of Estes Park Water Department. Service Connection. The terminal end of the water supplier service connection from the Town's potable water distribution system to the threads on the corporation stop where the Water Department loses jurisdiction and sanitary control and consumer ownership begins. "Service connection" shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the Town's potable water system. Section 13.26.030 Requirements: a. New Connection. All new connections to the Town's water system shall have an approved backflow device. The Department will provide on-site evaluation and/or plan review in order to determine type of backflow device that will be required as a condition of service. All new connections requiring a backflow device shall be inspected and tested by a Certified Cross Connection Control Technician. b. Changes in Service. Any changes in service including, but not limited to, reconnection, change in the number of fixture values, or change in the type of water service, shall require installation of an approved backflow device. c. Existing Installations. For connections or premises without backflow device(s) existing prior to September 1, 2004, the Department will perform on- site evaluations and/or plan reviews and inform the consumer by letter of any corrective action deemed necessary, the method of correction, and the time allowed for correction as a condition of service. Up to 60 days will be allowed but may be shortened depending upon the degree of hazard (pollutant or contaminant) involved. The Department does not waive the right to require a backflow device if future conditions require such. d. Testing. All backflow devices shall be tested at least annually by a Certified Cross Connection Control Technician using the latest test procedures as specified by one of the following councils (A.S.S.E., A.B.C., A.B.P.A), and is not a failed device. e. Emergency Disconnection. At the Department's discretion, severing the service connection will be performed if degree of hazard warrants such action in order to protect the Town's potable water supply. Discontinuance of service may be summary, immediate, and without written notice whenever, in the judgment of the Department, such action is necessary to protect the Town's potable water supply or the distribution system. 3 f. Failure to Comply. If, after a first notice by letter or direct delivery of notice, the consumer fails to comply with the Department's directive or fails to allow access to premises for inspection, immediate termination of service will occur, or at the Department's discretion, no more than an additional ten (10) days shall be granted to comply with said directive. Failure to allow access by the consumer, or those designated by him, to premises for inspection by the Department will automatically classify the premises as a high hazard risk to the Town's potable water supply. Appeal of any notice shall be directed to the Public Works Director. An appeal shall not stay the execution of the Failure to Comply order by the Department in order to protect the Town's potable water supply. The Failure to Comply Order may be reversed if the appeal is upheld. g. Record Keeping. The Department shall maintain records of all backflow device inspections and test results for a minimum of three (3) years. Section 13.26.040 Requirements of the Consumer a. Cross-Connection(s). The consumer shall be responsible for the elimination or protection of all cross-connections (known or unknown by the Department) on his/her premises by an approved backflow device at his/her expense. Such backflow device expenses shall include installation, maintenance, protection, testing, repair, removal or replacement of said device(s) as required by the Department as a condition of service. b. Backflow Device. The consumer or those occupying any premise shall not bypass, disable, remove, or modify any backflow device without written consent by the Department. Any such modifications shall result in termination of service. c. Fire Suppression System Design and Installation. The consumer or those designated by him will comply with current N.F.P.A. standards and/or the current Water Department Policy Manual as amended when designing, installing and maintaining any fire suppression system as a condition of service. 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 2004. 4 TOWN OF ESTES PARK Inter-Office Memorandum I)ate: June 4,2004 TO: Town Board FROM: Bill Linnane ~L,~~- SUBJECT: Proposed additional parking spaces along MacGregor Avenue Background: The Public Works Committee asked that staff research converting existing parallel spaces along MacGregor Avenue to diagonal parking. With the assistance of the Community Development and Cornerstone Engineering, Public Works staff determined that we could increase the number of spaces by 42 if current parking was reconfigured. Please refer to the attached sketch. Pertinent information is as follows: • Total cost of the additional 42 parking spaces is estimated at $210,000. The $5,000/parking space cost is relatively low as compared to the estimated cost of $10,000/space "rule of thumb" used by the design industry. (Background continued on page 2) Cost/Budget: Cost Approved Cost of original Scope (April 27th Town Board) $150,000 Proposed Cost of the parking Change Order $210,000 Funding Additional funds to be approved: $210,000 The General Fund balance and the Community Reinvestment Fund balance total approximately $7.5 million. Action: Staff recommends consideration of this proposal since it would provide 42 premium parking spaces to the downtown core area at a relatively low cost, estimated at $5,000/space. The total cost is estimated at $210,000. BL/lb Attachment (Background continued from page 1) • East side parking - Existing parking along the east side of the roadway: 44 spaces. Additional parking along the east side: 40 spaces. West side parking - Existing parking along the west side of the roadway: 36 spaces. Additional parking along the east side: 2 spaces (restriping adds 2). . A new 42-space parking lot would require a 1 /3-acre lot. Undeveloped private lots of this size are not available in the core downtown area. • A 4-ft. landscape buffer would be provided between the edge of the walkway and the proposed block retaining wall. The height of the wall varies from 4-ft. to 8-ft. and is required along one half of the proposed project. The buffer zone would be drip irrigated and the Town's Parks Department would provide bush- type vegetation. • The proposed overlook by Rotary would still be provided. The Knoll-Willows group that has assisted with the preservation of the adjacent property has been included in review by Bob Joseph. If approved, the project could be substantially complete by July 4th, weather and contractors permitting. Public Works Chairman Habecker has been briefed on the results listed above. As requested by staff, he has recommended presentation directly to Town Board June 8th. . 1/ IS 0 ·zl 1 -/{ 1 (-5 1 3 8%~, 3 ~ 1 1 141 r 9 1 Q / 7 -7 1 \ 0 . A i -9 2 \ r 2,/ 9 1 4 1/ a. 4 4 ~~»1!j 11 4% 7 L li 145* ijl m // - 1 S J f AA 1 / I.4 1 /. . 90·f 4 -5 s -1 5 4 1,1/6 4 5 - S £ iv \ 1 4.-1 122\t v>, (3 j ~cul . 1 U Zi .MI, 1 1 1 \\*he b..1 C ' b 2 - 4-91 3 1 AW' - 7 1 // 1 j.@, 1 /' 1 - O 8 ZI i . 1, Y 1 «114 -1- - t / 0 1-t .* -11 - -14 M - r /0 4 1- / 41 3134 21 --t. d J 1 -//F, 98 a -, .*4 11/ 1 r /3 , 1 1 € u'ji I ~ ° 4/iLI 1. 8 It\~ 11 / f - 7 - 5.f I T~: -0*:/2 112 1 7 / .4, 4-, i i - d) 4 9 10* I / 3; fle# 5 t. 1 142 U-72 + LIGHT POLES TO BE //- PLACED BEHIND SIDEWALK 17' PARKING 80-0" 4' 11/ 1-1 L SPACE SIDEWALK ~ SHOULDER DRIP 11 F IRRIGATION / UNE BLOCK 1.0% - cA 4/' g RETAINING WALL 0 19*3·2-441 + 2' CURB | \ L 22rt· ··1 & GUTTER 1 ~1 COMPACTED ~r ~ 4'-6" DRIP /\ BACKFILL ht MAX. r- IRRIGATION 8 1 4/ LINE EXISTING J \ GRADE ~ \ WALL SYSTEM TO 4' -~ - TERRACE AS -- 9*!E HEIGHT REQUIRES TYPICAL SECTION SIDEWALK W/ RETAINING WALL SCALE 1"=5' TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Baudek and Board of Trustees From: Tom Pickering Date: June 3,2004 Re: Estes Park Convention & Visitors Bureau Fee Structure BACKGROUND: At the direction of the Town Board, the CVB Marketing Board was asked to create recommendations on policies and procedures for the Estes Park Convention & Visitors Bureau and bring those recommendations to the board. Among those recommendations is a policy for fees to be charged to the local stakeholders and members for the services provided. The CVB board has spent a considerable amount of time debating the correct format and region to charge for services that address the issues at hand. The CVB board has shared the fees with local businesses to gain their input. The attached fee schedule is a result of those meetings and comes to the board as the recommended schedule for the first year. BUDGET/COST: These are fees charged to businesses to offset the operating expenses of the new services from the CVB. RECOMMENDATION: Consider approval of the fees as presented. Estes Park Convention & Visitors Bureau Stakeholder fees: In-Town ** Out of Town / In Boundary ** Business License Equivalency Fee Business License Property Tax Equivalency Fee Property Tax Pays 2 % fee on last years revenues Collects 4% sales tax Phone and Computer Leads Phone and Computer Leads Base Fee of $200.00 Base Fee of $200.00 Accommodations/Rentals Accommodations/Rentals Add $10.00 per unit Add $10.00 per unit Campsites add $1.00 per site Campsites add $1.00/site Brochure Racks Brochure Racks $150.00 for first rack $150.00 first rack $50.00 each additional $50.00 each additional Outdoor Advertising Outdoor Advertising $300.00 per space $300.00 per space Group Leads Group Leads $250.00 per business $250.00 per business Web Links Web Links No Additional Charge No Additional Charge Referral System Referral System No Additional Charge No Additional Charge Vacation Planner Vacation Planner TBD TBD Enhanced Web Site Listings Enhanced Web Site Listings TBD TBD **This program that may be subject to change. ..'. 6 TOWN OF ESTES PARK Office Memorandum To: The Honorable Mayor Baudek and Board ofTrustees From: Tom Pickering I)ate: June 3,2004 Re: Estes Park Convention & Visitors Bureau Lure Piece - Report BACKGROUND: On February 4,2004 the Convention & Visitors Bureau Marketing Board sent a letter to the Estes Park Chamber of Commerce requesting use of their 2005 Vacation Planner for the CVB's 2005 fulfillment. The CVB's board understands the time sensitive nature of the advertising sales and wanted to reach an agreement with the Chamber early in the year. The CVB requested that the 800 number that we have used for the last 20 years be featured in the planner, along with the Vacation Planner being offered on line in a PDF format. The Chamber responded with a letter on February 12th stating they would take this under advisement. At a regularly scheduled Vacation Planner meeting on March 26, Peter Marsh asked the Chamber when we could expect an answer. A letter was received by Tom Pickering on April 6 stating that the Chamber was going to proceed with their original plans. No mention of the CVB's offer. Given the information from the Chamber, and the pending legal questions, the CVB board is planning to produce their own lure piece for 2005. BUDGET/COST: No additional funds will be required for this project For reporting purposes only; no action required by the Town Board. „*0&701/2004 05: 14 9704611056 ANNAPURNA PAGE 02 l r» 1-* © IE-[1V ME4~ ./. . 1 i I St' 1,r d IH June 1.2004 JUN 2 2004 it jil td L. 6--- 265 1 i City ofEstes Park Colorado 80517 Re: Request for continuing liquor license court hearing. Dear Sir/Madam, My court hearing for Liquor license is dated on June 88,2004 but due to incomplete building situation I would like to request for continue this hearing date for June 22,2004. If you have any questions please feel free to contact me at 720-652-9340. Thank you very much 4kh# k S kedka Hem K Shrestha Owner/Manager Rece i ved_-Fax-:___-----JUNz01:2004:5:23PMFaAStation::TOWNOFESTESPARK