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HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2012-05-10Preparation date: April 30, 2012 * Revision date: May 3, 2012 NOTE: The Public Safety, Utilities and Public Works Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. AGENDA TOWN OF ESTES PARK PUBLIC SAFETY, UTILITIES & PUBLIC WORKS COMMITTEE May 10, 2012 8:00 a.m. Board Room, Town Hall 1. PUBLIC COMMENT 2. PUBLIC SAFETY a) RECOMMENDATIONS TO THE TOWN BOARD i) Model Traffic Code, Revised 2010 and Appendix (Local Amendments). Chief Kufeld & Director Zurn. ii) Amendment to Municipal Code Chapter 9.10 – Fireworks. Fire Marshall Spears. b) REPORTS i) Verbal Updates and Committee Questions. 3. UTILITIES a) RECOMMENDATIONS TO THE TOWN BOARD i) Cheley Colorado Camps Lease for Windy Gap Water. Director Bergsten. ii) Light & Power Service Center Roof Replacement. Supt. Steichen. b) REPORTS i) Glen Haven Power Line Upgrade Project 2011-2012. Supt. Steichen. ii) Verbal Updates and Committee Questions. 4. PUBLIC WORKS a) RECOMMENDATIONS TO THE TOWN BOARD i) None. b) REPORTS. i) Verbal Updates and Committee Questions. 5. ADJOURN * Page 1 To: Public Safety, Utilities and Public Works Committee From: Wes Kufeld, Chief of Police Date: May 10, 2012 RE: Model Traffic Code, Revised 2010 and Appendix (Local Amendments) Background: Adoption of Model Traffic Code Manual 2010 In 2003 Town Board adopted the Model Traffic Code for Colorado, from the Colorado Department of Transportation. This manual has been utilized by town staff for regulation and enforcement purposes. Recently, The State of Colorado Department of Transportation published a newer version which was revised in 2010. Along with the recommended adoption of the Manual, staff has amended the appendix to reflect current practices in Estes Park. Attorney Greg White is aware of the 2010 Manual and has no concerns. Recommended Grammar Changes to Model Traffic Code Amendment Document (Estes Park Specific) Staff reviewed the current Model Traffic Code Amendment specific to Estes Park. Recommended changes were made to the format in order to promote the ease of reading; this included deleting specific address locations for parking lots, and making changes to the general grammar of the document. Recommended Model Traffic Code Amendment Changes: Some of the below changes are designed to insure the ordinance reflects what is already in practice at specific locations around town. Others are recommended new changes in the ordinance. Attorney White has reviewed the Model Traffic Code Amendment. • Delete - Alternative Fuel Parking, recommended removal as this was not successful and difficult to enforce. • Delete - Three hour timed parking from 12:00pm to 6:00pm. • Delete - East Elkhorn 390 to 358 (South side of street – Loading Zone) Currently not a loading zone. • Include- RV parking (day use only) at the Transportation Hub • Include – in ordinance: Municipal Lot (already in practice) - Library Volunteer only - Police Reserved Parking - Reserved Parking - Mayor Parking - Library Loading Zone POLICE DEPARTMENT Memo Page 2 • Include – 2 hour limit parking in Library Lot (as already indicated in lot and in practice) • Include - Municipal Building Lot – Library 15 minute parking (as already indicated in lot and in practice) • Include – the word “Trailers” for no parking overnight in any town owned lot. • Include – All loading zones – no parking 6:00am to 6:00 pm. Seven days a week. Open parking from 6:00 pm to 6:00 am (currently in practice) • Include – Citizens Visitors Bureau – Rv Parking in designated spaces only – daily use. Loading Zones Current Ordinance, as amended on May 26th, 2009 states: “Permitted loading / unloading only from 7:00am to 12:00pm, 7 days a week. Three hour timed parking from 12:00pm to 6:00pm. Open from 6:00pm to 6:00 am”. The three time changes in a single day became confusing to the community as well as enforcement personnel, therefore, finding it difficult to enforce. The community made requests to Public Works to change the signage to reflect: Permitted loading / unloading only from 6:00 am to 6:00 pm, 7 days a week. Open parking from 6:00pm to 6:00am, thus eliminating the 3 hour parking in those locations. This change was made to the loading zone physical locations, but the ordinance was not changed to validate the changes. Budget: No budgetary impact. Recommendation: Staff moves to approve/deny the adoption of the 2010 Revision of the Model Traffic Code for Colorado. Staff further recommends approval of the above changes in the Model Traffic Code (local) appendix. ORDINANCE NO. XX-12 AN ORDINANCE ADOPTING-BY REFERENCE, THE MODEL TRAFFIC CODE FOR COLORADO, REVISED 2010 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 adopt the Model Traffic Code for Colorado, Revised 2010, including the Appendix. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. Section 10.04.010 of the Municipal Code is hereby amended to read as follows: 10.04.010. Model Traffic Code Adopted. The Model Traffic Code for Colorado Municipalities, Revised 2010, including the Appendix, hereinafter referred to as the Model Traffic Code, is enacted and adopted herein by reference as a primary code. Section 2. The adoption of 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 , 2012. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2012, and published in a newspaper of general publication in the Town of Estes Park, on the day of , 2012. Town Clerk 1 MODEL TRAFFIC CODE TOWN OF ESTES PARK – APPENDIX Amended January 23rd, 2003 As Posted and Verified by the Police Department 06/24/03 Amended September 28, 2004 Amended April 23rd, 2007 as Verified by Police Department Amended January 13, 2009 Amended May 26 2009 Amended May 3rd, 2012 MUNICIPAL PARKING LOT NAMES For enforcement purposes, the location and identification of each Town of Estes Park Municipal parking lot is listed below: 1. Performance Park Parking Lot 311 W. Elkhorn 2. Spruce Parking Lot 261 Cleave Street 3. Tregent Parking Lot 291 W. Riverside Ave. 4. Big Horn Parking Lot 101 Cleave Street 5. Moraine Parking Lot 185 Moraine Ave. 6. Davis Parking Lot 230 Moraine Ave. 7. Virginia Parking Lot 147 Virginia Drive 8. East Riverside Parking lot 110 E. Riverside Dr. 9. Riverside Parking Lot -141 Rockwell Street 10. Post Office Parking Lot 200 W. Riverside Ave. 11. West Riverside Parking Lot 260 W. Riverside Ave. 12. Town Hall Parking Lot 170 MacGregor Ave. 13. Visitor Center Parking lot 500 Big Thomson Ave. 14. South Visitor Center Parking Lot 691 N. Saint Vrain Ave. PARKING PERMITTED Each year timed parking is in effect the weekend prior to Memorial Day through Labor Day weekend seven days week. ON-STREET PARKING, 3-HR LIMIT: ▪ East Elkhorn (South side of Bond Park) ▪ Park Lane, North side from 201 to MacGregor Ave ▪ Park Lane, South side of street (North side of Bond Park) ▪ Riverside Drive at Riverside Plaza, (West side of Riverside) ▪ Moraine Ave 222 through 250 ▪ Moraine Ave 231 through 251 ▪ Moraine Ave from Wiest Drive south to the Moraine Restrooms ▪ West Elkhorn Ave 112 through 134 (South side of street) ▪ West Elkhorn Ave 119 through 125 (North side of street) ▪ West Elkhorn Ave 215 through 235 (North side of street) 2 ▪ West Elkhorn Ave 208 through 230 (South side of street) ▪ MacGregor Ave West side (from Elkhorn to Park Lane) PARKING LOTS, 2- HOUR LIMIT: ▪ Municipal Parking lot – designated Library Parking Spaces PARKING LOTS 3-HOUR LIMIT: ▪ Virginia Drive Lot ▪ West Riverside Drive Lot - (exception of North end of lot – open parking) ▪ Riverside Drive Lot (North of Rockwell Street, entire lot) ▪ Post Office Lot (North one half side of lot) ▪ Post Office Lot – East side along river sidewalk ▪ Brownfield’s Parking Lot (South of Elkhorn crosswalk light) ▪ East Riverside Lot (Southeast corner of Elkhorn and Riverside) PARKING LOTS 30-MINUTE LIMIT: ▪ Post Office Lot - South one half of lot ▪ Municipal Building Parking Lot – dedicated spaces only PARKING LOTS, 15 MINUTE LIMIT: ▪ Municipal Building Lot – designated spaces, Library 15 Minute Parking ON-STREET 30-MINUTE PARKING: ▪ MacGregor Ave. - east side of street in front of Municipal Building (170 MacGregor Ave ▪ 235 West Riverside Drive (East side of street, three spaces) RV PARKING ▪ Town Hall Parking Lot – designated RV Parking spaces only. ▪ Stanley Park Transportation Hub - Daily Parking permitted in designated RV parking spaces. (Overnight Recreational Vehicle parking by permit only obtained at Fairgrounds Office, Recreation Vehicle parking not to exceed eighteen (18) consecutive hours) Citizens Visitors Bureau ▪ RV Parking in designated spaces only for daily use 3 NO-PARKING All Loading Zones – active loading/unloading only from 6:00 am to 6:00 pm, 7 - days a week. . Open parking from 6:00 pm to 6:00 am 7 days a week, no exceptions. No overnight parking, camping, or sleeping in any Town owned parking lot unless posted by sign or by permit. No overnight parking of trailers or recreational vehicles in any Town owned parking lot or street unless posted by sign or by permit No parking both sides of street during snow removal operations: Aspen, Birch, Columbine, Driftwood, and Elm Avenues and Crabapple Lane. No parking anytime at all red curb locations. No parking anytime at all red, yellow or white striped locations. NO PARKING - LOADING ZONES ▪ East Elkhorn Ave from 153 to 145 (North side of street - Loading Zone) ▪ East Elkhorn Ave from 141 to 129 (North side of street - Loading Zone) ▪ East Elkhorn Ave from 116 to 128 (South side of street - Loading Zone) ▪ East Elkhorn Ave from 156 to 184 (South side of street – Loading Zone) ▪ East Elkhorn Ave from 332 to 344 (South side of street – Loading Zone) ▪ West Elkhorn Ave at Tregent Park (North side of street – Loading Zone) ▪ West Elkhorn Ave from 111 to 119 (North side of street - Loading Zone) ▪ West Elkhorn Ave from 191 to 213 (North side of street - Loading Zone) ▪ 170 West Elkhorn (South side of street, 2 spaces) ▪ West Elkhorn Ave from 144 to 134 (South side of street - Loading Zone) ▪ 125 Moraine Ave (East side of street – Loading Zone) ▪ Riverside Drive at Riverside Plaza driveway (West side of Riverside – Loading Zone) ▪ 111 Wiest Drive (Two spaces – Loading Zone) ▪ Cleave Street – behind Old Church Shops (Loading Zone both sides of street) ▪ Cleave Street – South side at intersection with Bighorn Drive – (Loading Zone / No Parking) ▪ East Elkhorn Ave in front of 356 East Elkhorn – (South side of street – Loading zone). ▪ Moraine Ave, East side of road in front of 242 - loading zone. ▪ Municipal Building lot – Library Loading Zone ▪ Wiest Drive – behind 110 W.Elkhorn. ▪ Wiest Drive – behind 124 W. Elkhorn. 4 PARKING LIMITATIONS RESTRICTED RESERVED PARKING Municipal Building Lot - Parking for Library Volunteer only - Police Reserved Parking - Police Parking - Reserved Parking (town owned vehicles) - Reserved Mayor Parking Visitors Center (Overnight Parking) Vehicles by permit only in designated parking spaces as indicated by sign. Parking on the East side of main parking lot. All other parking spaces day use only. Stanley Fair Grounds Overnight Recreational Vehicle Parking, by permit only, West side of the Stadium in designated spaces. Time limit not to exceed eighteen (18) consecutive hours. Fawn Lane No Parking Both sides of roadway MacGregor Ave/ No Parking Northeast corner, adjacent to Canyon Bypass Intersection Creeks Condominiums Big Horn Dr No Parking East side from Elkhorn Ave to driveway of 110 Bighorn Drive Cleave St. No Parking South side of Lawn Lane to 100’ E. of Lawn Lane. North side, in front of 223 Cleave St. South side at Big Horn Dr. No Parking/ South side, behind Old Church Shops Loading Zone Crabapple Ln. No Parking Exception: Parking Allowed Adjacent to Sidewalk as Posted (Snow Route) From Wildfire Rd. to Wildfire Rd. Davis St. No Parking North side of Davis at Moraine Ave. E. Riverside Dr. No Overnight West side (vacant strip), 300 Block Parking 5 Lawn Ln. No Parking West side, between Spruce Dr. & Cleave St. MacGregor Ave. Angle Parking Driveway of Municipal Building to Wonderview MacGregor Ave Diagonal Parking Park Lane, North to Wonderview – West side of street Virginia Drive No Parking 210 – 216 Virginia Drive, East side of street Moraine Ave. No Parking East side between 212 Moraine Ave to intersection of Elkhorn Ave. South side across from Elm Rd. Park Lane Angle Parking Only Both sides of road Park Lane No Parking From Elkhorn Ave to Crosswalk Spruce Dr. No Parking East side, between Cleave St. & Lawn Ln. Tregent Park No Overnight Parking lot Parking W. Elkhorn Ave. No Parking South side at Tregent Park (Restrooms) Loading Zone Wiest Dr. No Parking / From Moraine Ave to Wiest Street. Loading Only One way – East Only Highway 7 Parallel Parking East side, 100 Blk. of Hwy. 7 SPEED LIMITS: Aspen Ave. Both Directions 25 MPH Birch Ave. Both Directions 25 MPH Big Horn Dr. South bound, 100’ South of 20 MPH, SB Wonderview Ave. to W. Elkhorn Ave. Big Thompson Ave. Hwy. 34, East of Hwy. 34/36 35 MPH, EB Inter. to .7 miles East of Hwy. 34/36 Hwy. 34, 1.4 miles East of 40 MPH, EB Hwy. 34/36 Inter. to City Limits 6 1.4 miles from City Limits to 35 MPH, WB Hwy. 34/36 Brodie Ave. From Fish Creek, WB/EB to 20 MPH, SZ Community Dr. School Zones 7:30am to 8:00am. and 3:00 p.m. to 3:45 p.m. 20 MPH ※ Fines Doubled in School Zone when flashing Carriage Dr. From Hwy. 7, EB to Lakeshore Dr. 25 MPH Cleave St. Both Directions 20 MPH Columbine Ave. Both Directions 25 MPH Community Dr. Hwy. 36/Community Dr to 30 MPH, SB/NB Manford Ave. Hwy. 7/Community Dr., N. to 20 MPH, SB Manford Ave. Intersection School Zones 7:30am to 8:00am. and 3:00 p.m. to 3:45 p.m. 20 MPH ※ Fines Doubled in School Zone when flashing Driftwood Ave. Both sides 25 MPH E. Elkhorn Ave. Hwy. 34/36 Inter. to Park Ln. 25 MPH Hwy. 34/36 Inter. to Park Ln. 25 MPH, WB at E. Elkhorn Ave. E. Riverside Dr. W. from E. Elkhorn Ave. to 20 MPH, WB/EB Moccasin Bypass Elm Ave. Both Directions 25 MPH Far View Dr. “S” curve, 0.1 mi. N. of Far View/ 20 MPH, NB W. Elkhorn Ave. Intersection Fish Hatchery Rd. At Fall River Rd. 30 MPH, WB Grand Estates Dr. Both directions 30 MPH 7 Graves Ave. From Hwy. 7 WB/EB to Community 20 MPH, SZ, EB/WB School Zones 7:30am to 8:00am. and 3:00 p.m. to 3:45 p.m. 20 MPH ※ Fines Doubled in School Zone when flashing Heinz Parkway High Dr. North to City Limits 20 MPH, NB High Drive Heinz Parkway West to City Limits 30 MPH, WB Highway 7 Hwy. 36 South to Stanley Ave. 35 MPH, SB North from Stanley Ave. 35 MPH, NB Hwy. 36/7 Inter. South to. 35 MPH, SB Lexington Ln. at Dunraven 35 MPH, NBSB at 4TH St. 35 MPH, SB at High St. 35 MPH, NB at Graves Ave. 35 MPH, SB at Morgan St 25 MPH, SZ, NB at Golf Course Rd. 35 MPH, NB at Twin St. 50 MPH, SB at Scott Ave. 50 MPH, NB at Carriage Dr. 50 MPH, SB at Carriage Dr., just south of 50 MPH, NB Highway 34 Hwy. 34/36 Inter. East to .1 mile 35 MPH, EB from Steamer Dr. From Steamer Dr. East to 35 MPH, EB Elk Trail Ct. From City Limits West to 40 MPH, WB W. Grand Estates Dr. W. Grand Estates Dr. West 35 MPH, WB to 34/36 Intersection 8 at Dry Gulch Rd. 40 MPH, WB at Lakefront St. 40 MPH, EB Highway 36 Hwy. 34/36 Inter. East to 35 MPH, EB Hwy. 7/36 Inter. West from Hwy. 7 to .3 miles 35 MPH, WB on Hwy. 36 .3 miles Hwy. 36 to Hwy. 34/36 Inter. 25 MPH, WB 2nd St., East to 4th St. 45 MPH, EB 4th St. to City Limits 50 MPH,EB/WB 4th St. West to 2nd St. 45 MPH, WB 2nd St. West to Hwy. 36/7 Inter. 35 MPH, WB at Fish Creek Rd. 50 MPH, WB at Community Dr 50 MPH, WB at Hwy. 36/7 Inter., just West of 35 MPH, WB Larkspur Dr. From Carriage Dr. SB/NB to 25 MPH Town Limits MacGregor Ave. 25’ North of Wonderview Ave. 30MPH, NB/SB To MacGregor Ranch Mary’s Lake Rd. 200’ South of Moraine Ave. 30 MPH, SB to Town Limits Manford Ave. From EPHS WB/EB to Hwy. 7 20 MPH, SZ School Zones 7:30am to 8:00am and 3:00 p.m. to 3:45 p.m. 20 MPH ※ Fines Doubled in School Zone when flashing Moccasin Bypass South from Riverside Dr. to 25MPH, SB/NB Prospect Ave. (Except .3 miles East of Riverside Dr.) 20 MPH Moraine Ave. .1 mile East of Mary’s Lake Rd. to 35 MPH, EB (Hwy. 36) .1 mile West of Davis St. 9 .1 mile West of Davis St. to Elkhorn Ave. 25 MPH, EB 200’ North of Davis St. to .2 miles 25 MPH, WB West of Davis St. .2 miles West of Davis St. to City Limits 35 MPH, WB From Crags Dr. to Moraine/Elkhorn 25MPH, NB/SB Peak View Dr. From Hwy. 7 EB/WB to Town Limits 35 MPH Ponderosa Dr. From Stanley Ave. SB/NB to Morgan Ln. 25 MPH, SB Prospect Ave. Stanley Ave. to Moccasin Cir. Dr. 25MPH, EB/WB West from Stanley Ave. to Fir Ave. 25 MPH, EB/WB Riverside Dr. From West Town Limits to 100’ West of 30 MPH, WB/EB Prospect Village Dr. Rockwell St. From Moraine Ave. to East Riverside Dr. 25 MPH, EB Scott Ave. From Hwy. 7 EB/WB to Fish Creek Rd. 25 MPH Stanley Ave. West from Hwy. 7 to Hwy. 36 30 MPH, WB From Hwy. 7 NB/SB to Prospect Ave. 30 MPH Stanley Cir. Circles Stanley Ave. 30 MPH, WB/EB Steamer Dr. .05 miles from Hwy. 34 to Town Limits 20MPH, NB/SB Twin Dr. From Hwy. 7 EB/WB to Peak View Dr. 30 MPH Virginia Dr. West from Park Ln. to Big Horn Dr. 20 MPH, EB, ½ W. Elkhorn Ave. Big Horn Dr. to .2 miles West of Spruce 20 MPH, WB Dr. (Posted at 157 W. Elkhorn Ave.) .2 miles West of Spruce Dr. to .1 miles 35 MPH, WB West of Old Ranger Rd. .1 miles West of Old Ranger Rd. to 40 MPH, WB Town Limits 1,000 Yds. East of Valley Rd. to 100 35 MPH, EB Yds. West of Spruce Dr. Far View Dr. to .3 mi. West of Wiest Dr. 35 MPH, EB 10 .3 mi West of Wiest Dr. to Moraine Ave. 20 MPH, EB W. Riverside Dr. West to Crags Dr. from Ivy St. 20 MPH, WB/EB Wonderview Ave. .1 miles East of MacGregor Ave. to 40 MPH, EB/WB (Bypass) Town Limits 1.25 miles East of W. Elkhorn Ave. 35 MPH, EB to Hwy. 34/36 Inter. Dated this day of , 2012. TOWN OF ESTES PARK Traffic Engineer I, Jackie Williamson, Town Clerk, Town of Estes Park, Colorado, do hereby certify that the above and foregoing is a true copy of the Appendix to the Model Traffic Code for Colorado Municipalities, Revised 2003, on file in my office as part of the official records of the Town of Estes Park. Dated this day of , 2012. Town Clerk Estes Valley Fire Protection District Memo To: Public Safety/Utilities/ Public Works Committee From: Tim Spears – Fire Marshal Date: 05/04/12 RE: Revision of Chapter 9.10 Fireworks Background: The Estes Valley Fire Protection District has adopted the 2009 International Fire Code with Resolution No. 2011-01. The 2009 International Fire Code authorizes the fire code official to issue operational permits for operations set forth within the code e.g. explosives. Currently the Board of Trustees may grant permits for public displays of fireworks. The following are recommendation for amending Estes Park Municipal Code, Chapter 9.10 Fireworks, section 9.10.010 Definitions to include the following: (1) Fireworks means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation for entertainment purposes by combustion, explosion, deflagration or detonation that meet the definition of fireworks set forth within the adopted fire code of the Estes Valley Fire Protection District. Examples of prohibited items may include but are not limited to including, without limitation, the following articles and devices commonly known and used as fireworks: toy cannons, or toy canes in which explosives are used, blank cartridges, the type of balloon which requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, rockets, Roman candles, dayglo bombs and torches, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance. Amending section 9.10.030 Permits for display to include the following: (a) The Board of Trustees Estes Valley Fire Protection District may grant permits, within the Town, for supervised public displays of fireworks by the Town, fair associations, amusement parks and other organizations and groups. Such organizations or groups desiring such a permit shall file with the Estes Valley Fire Protection District Town Clerk a written application for a permit. An operational permit application shall be completed and submitted to the Estes Valley Fire Protection District. The application shall include the name of the organization or group; the date of the proposed public display of fireworks; the name of the person or persons who will operate the display; and the nature and type of fireworks to be displayed; and all applicable information set forth within the adopted fire code for the Estes Valley Fire Protection District. The application shall be signed by the president or other principal officer of the organization or group making the application. The application must be filed at least fifteen (15) thirty (30) days in advance of the public display meeting of the Board of Trustees at which it is to be considered. Every display shall be handled by a competent operator and shall be of such character and so located, discharged and fired as not to be hazardous to property or endanger any person. Before a permit is granted, the operator, location and handling of the display shall be approved, after investigation, by the Fire Chief or his or her authorized agent. No permit shall be transferable or assignable. The proposed amendments to the Municipal Code would need to be approved through the approval of an ordinance, sample attached, and therefore, the item would need to be an action item for the Board. Budget: N/A Recommendation: The Estes Valley Fire Protection District recommends the amendments to the Municipal Code Chapter 9.10 Fireworks as an action item to be considered at the May 22, 2012, Town Board meeting. ORDINANCE NO. XX-12 AN ORDINANCE AMENDING CHAPTER 9.10 FIREWORKS WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town to amend and repeal certain sections of the Municipal Code of the Town of Estes Park, Colorado; and WHEREAS, the Estes Valley Fire Protection District has adopted the 2009 International Fire Code with Resolution No. 2011-01. The 2009 International Fire Code authorizes the fire code official to issue operational permits for operations set forth within the code e.g. explosives. WHEREAS, currently the Municipal Code provides the Board of Trustees may grant permits, within the Town, for supervised public displays of fireworks by the Town, fair associations, amusement parks and other organizations and group. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO as follows: SECTION 1: The Municipal Code of the Town of Estes Park is hereby amended: Sec. 9.10.010. Definitions. (1) Fireworks means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation for entertainment purposes by combustion, explosion, deflagration or detonation that meet the definition of fireworks set forth within the adopted fire code of the Estes Valley Fire Protection District. Examples of prohibited items may include but are not limited to the following articles and devices commonly known and used as fireworks: toy cannons, or toy canes in which explosives are used, blank cartridges, the type of balloon which requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, rockets, Roman candles, dayglo bombs and torches, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance. Sec. 9.10.030. Permits for display. (a) The Estes Valley Fire Protection District may grant permits, within the Town, for supervised public displays of fireworks by the Town, fair associations, amusement parks and other organizations and groups. Such organizations or groups desiring such a permit shall file with the Estes Valley Fire Protection District a written application for a permit. An operational permit application shall be completed and submitted to the Estes Valley Fire Protection District. The application shall include the name of the organization or group; the date of the proposed public display of fireworks; the name of the person or persons who will operate the display; and the nature and type of fireworks to be displayed; and all applicable information set forth within the adopted fire code for the Estes Valley Fire Protection District. The application shall be signed by the president or other principal officer of the organization or group making the application. The application must be filed at least thirty (30) days in advance of the public display. Every display shall be handled by a competent operator and shall be of such character and so located, discharged and fired as not to be hazardous to property or endanger any person. Before a permit is granted, the operator, location and handling of the display shall be approved, after investigation, by the Fire Chief or his or her authorized agent. No permit shall be transferable or assignable. 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 ___________, 2012. TOWN OF ESTES PARK By: _________________________ Mayor ATTEST: _________________________ Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the ______ day of ____________, 2012, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the _____ day of _______________, 2012. _________________________________ Town Clerk Chapter 9.10 Fireworks 9.10.010 Definitions. As used in this Chapter: (1) Fireworks means any article, device or substance prepared for the primary purpose of producing a visual or auditory sensation for entertainment purposes by combustion, explosion, deflagration or detonation that meet the definition of fireworks set forth within the adopted fire code of the Estes Valley Fire Protection District. Examples of prohibited items may include but are not limited to including, without limitation, the following articles and devices commonly known and used as fireworks: toy cannons, or toy canes in which explosives are used, blank cartridges, the type of balloon which requires fire underneath to propel it, firecrackers, torpedoes, skyrockets, rockets, Roman candles, dayglo bombs and torches, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance. (2) Fireworks does not include: a. Toy caps which do not contain more than twenty-five-hundredths (.25) of a grain of explosive compound per cap; b. Sparklers, trick matches, cigarette loads, trick noisemakers, toy smoke devices and novelty auto alarms; or c. Highway flares, railway fuses, ship distress signals, smoke candles and other emergency signal devices. (Ord. 2-84 §2(part), 1984) 9.10.020 Restrictions. It is unlawful for any person to offer for sale, expose for sale, sell, lend, give away, set fire to, discharge, use, explode or have in his or her possession with intent to offer for sale or use or to explode, any fireworks within the Town, except as provided in this Code. (Ord. 2-84 §2(part), 1984) 9.10.030 Permits for display. (a) The Board of Trustees Estes Valley Fire Protection District may grant permits, within the Town, for supervised public displays of fireworks by the Town, fair associations, amusement parks and other organizations and groups. Such organizations or groups desiring such a permit shall file with the Estes Valley Fire Protection District Town Clerk a written application for a permit. An operational permit application shall be completed and submitted to the Estes Valley Fire Protection District. The application shall include the name of the organization or group; the date of the proposed public display of fireworks; the name of the person or persons who will operate the display; and the nature and type of fireworks to be displayed; and all applicable information set forth within the adopted fire code for the Estes Valley Fire Protection District. The application shall be signed by the president or other principal officer of the organization or group making the application. The application must be filed at least fifteen (15) thirty (30) days in advance of the public display meeting of the Board of Trustees at which it is to be considered. Every display shall be handled by a competent operator and shall be of such character and so located, discharged and fired as not to be hazardous to property or endanger any person. Before a permit is granted, the operator, location and handling of the display shall be approved, after investigation, by the Fire Chief or his or her authorized agent. No permit shall be transferable or assignable. (b) No permit shall be required for such public display of fireworks by any county or district fair duly organized under the laws of the State. (Ord. 2-84 §2(part), 1984; Ord. 15-97, 1997) UTILITIES DEPARTMENT Memo To: PUP Committee Interim Town Administrator Richardson From: Reuben Bergsten, Utilities Director Date: May 10, 2012 RE: Cheley Colorado Camps Lease for Windy Gap Water Background: Frank H. Cheley started his camps in 1921. Cheley Colorado Camps are an asset to the Estes Valley. Last year Cheley had to submit an augmentation plan to the State of Colorado. Windy Gap water can be used for augmentation. As an owner of Windy Gap water, the Town of Estes Park serves its community by leasing this water to entities that have been required to submit an augmentation plan. As part of that plan, Cheley has requested the Town to provide eight (8) acre/feet of Windy Gap water to meet their augmentation requirements. The Town of Estes Park has several other agreements to fulfill augmentation plans , including Glacier View, the Continental Water Bank and Marys Lake Campground. The attached agreement was drafted by Town Attorney White and agreed upon by Don Cheley as owner of Cheley Colorado Camps, Inc. Budget: 503-0000-380.20-00, Miscellaneous Revenues Recommendation: Staff recommends the Water Lease Agreement with Cheley Colorado Camps, Inc., to the Town Board, to be included on the Consent Agenda at the May 22, 2012, Town Board meeting. North Park Place 1423 West 29th Street Loveland, Colorado 80538 Town of Estes Park Attn: Reuben Bergsten POBox 1200 Estes Park, CO 80517 Dear Reuben: GREGORY A. WHITE Attorney at Law April 24, 2012 970/667-5310 Fax 970/667-2527 Enclosed please find a partially executed copy ofthe Cheley Colorado Camps Lease for Windy Gap water. I would appreciate it if you would put this on the next Town Board Agenda or PUP Committee Agenda. I do not remember whether or not this has already been through the Committee system and may go directly to the Town Board. If you have any questions, please do not hesitate to give me a call. GAW/ldr CC: Jeff Boles Lowell Richardson Jackie Williamson I f I ruly Yours, ,u,LJJ;/t l A. White WATER LEASE AGREEMENT TIDS LEASE AGREEMENT, ("Lease") is made and entered into as of the day of , 2012, by and between the TOWN OF ESTES PARK, a municipal corporation, ("Town"), LESSOR, and CHELEY COLORADO CAMPS, INC., a Colorado Corporation, ("Cheley"), LESSEE. WITNESSETH: WHEREAS, the Town is the allottee of units of Windy Gap Project water ("Windy Gap Water") as such units are defmed in the Allotment Contract between the Municipal Subdistrict of the Northern Colorado Water Conservancy District ("Municipal Subdistrict") and the Town. The Town utilizes its Windy Gap Water as part of an augmentation and exchange plan decreed in Case No. llCW279, District Court, Water Division 1. The Town also owns units of Colorado Big Thompson Project water ("CBT Water") which it may use to firm the yield of its Windy Gap Water pursuant to the collateralization policies and regulations of the Northern Colorado Water Conservancy District ("Northern District") and the Municipal Subdistrict; and WHEREAS, Cheley owns and operates a summer camp known as Cheley Colorado Camps and other specialty camps on the following properties: (1) Land 0' Peaks property, located at 3960 Fish Creek Road, Estes Park, Colorado; (2) Boys' Trail's End Ranch, located at 2793 Dunraven Glade Road, Glen Haven, CO 80532; and (3) Girls' Trail's End Ranch, located at 1395 Fox Creek Road, Glen Haven, CO 80532; (d) Gypsy Grounds, 160 acres in the NW Y4 of the SE Y4, NE Y4 of the SW '14, and the W Y:! ofthe SW Y4 of Section 8, Township 4 North, Range 72 West, 6th P.M.; and (e) Pierson Meadows, 160 acres in the NW Y4 ofthe SW Y4 and the S Y:! of the SW Y4 of Section 17 as well as the NE Y4 of the NW Y4 of Section 20, Township 4 North, Range 72 West of the 6th P.M. All of the aforementioned properties, including any contiguous parcels owned by Cheley, are collectively referred to herein as the "Camp Property"; and WHEREAS, pursuant to this Lease, the Town desires to lease to Cheley a portion of its reuse Windy Gap Water or other fully consumable water, which water has been included as a potential source of augmentation or exchange water for use in Cheley's pending augmentation plan in Case No. l1CW279 in District Court, Water Division No.1 ("Water Court"). NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and Cheley hereby agree as follows: 1. Term. The term of this Lease shall be for twenty (20) years, beginning on the date of execution of this Agreement and shall terminate on December 31, 2032, unless terminated sooner pursuant to the provisions of this Lease. Cheley has the right to renew this Lease upon written notice to the Town for an additional twenty (20) years following the end of the original twenty year term if the water delivered under this Lease remains in surplus of the Town's needs. The renewal lease rate is to be determined according to the mutual agreement of the parties based upon reasonable good faith negotiation and taking into consideration the Town's water supply requirements. 2. Use of Lease Water. Cheley shall use the water supplied by the Town pursuant to a court approved plan for augmentation or exchange, or pursuant to a State Engineer approved temporary substitute supply plan, to replace out-of-priority water depletions caused by out-of-priority diversions from water rights owned or leased by Cheley. 3. Delivery of Water. Delivery of Windy Gap Water shall be from Lake Estes at the Lake Estes outfall. The Town will make deliveries of the Windy Gap Water, as directed by Che1ey, upon reasonable advance notice. The specific timing and amounts of these deliveries will be detennined by the Water Court and/or the State Engineer pursuant to the terms of the Cheley's decreed plan for augmentation or exchange or pursuant to a State Engineer approved temporary substitute supply plan(s). 4. Water Leased. The Town shall supply 8 acre-feet of fully consumable, second use Windy Gap Water for use by Cheley pursuant to the tenns and conditions of this Lease. 5. Annual Payment. Cheley agrees to pay the Town as follows: a. An annual lease payment of $4,824.00 ($8,300.00 per acre-foot amortized at 4% over 20 years) for each year of the Lease. b. A usage charge of$120.00 per year for each acre-foot of water ordered. c. A debt service charge payment of $1,680.00 ($210.00 per acre-foot) for the years 2012 -2017. d. A one time administrative charge of $1,000 payable within thirty (30) days of the effective date of this Lease. e. The annual lease payment and debt service charge payment shall be non-refundable and not contingent upon Cheley's actual usage of water during any individual year of this Lease. f. Cheley shall inform the Town in writing prior to November 1st of each calendar year the amount of Windy Gap Water, in acre-foot increments and up to a maximum of 8 acre-feet, Cheley intends to use in the upcoming year. The usage charge in Subsection (b) above shall be based on said order and that amount is non-refundable in the event Cheley's actual usage is less than the amount designated the previous November. g. All payments shall be made on or before February 1 of each calendar year without notice from the Town. If Cheley does not make payment when due, the Town has the option of tenninating the Lease under the provisions of the "Default" Paragraph herein. 2 h. The usage charge set forth in paragraph b. ab.ove shall be reviewed at the end of every third calendar year to determine whether or not the usage charge reflects the actual cost per acre-foot for delivery of Windy Gap Water to the Town pursuant to the rules and regulations of the Municipal Subdistrict. Actual usage charges shall include annual assessment for operations, carriage contract charges, and power and pumping costs. In the event that the Town wishes to adjust the per acre-foot usage charge, the Town shall provide said calculation to Cheley, along with supporting documentation, prior to the end of each third calendar year. 6. Cheley's Right to Reduce or Terminate Lease. In the event that Cheley does not need Windy Gap Water for augmentation water due to connection to the Upper Thompson Sanitation District or otherwise reduces its need for water, Cheley has the right to terminate or reduce the maximum amount of acre-feet supplied pursuant to this Lease without penalty. In order to terminate this Lease or reduce the maximum amount of water leased, Cheley shall give the Town a minimum of 180 days written notice prior to the end of any calendar year of its termination of this Lease or reduction in the amount of augmentation water. Any reduction of augmentation water shall be on an acre-foot basis. In the event that Cheley reduces the maximum amount of augmentation water, the annual payments set forth in paragraphs 5 a, b, and c above shall be reduced pro-rata. In the event that Cheley reduces the maximum amount of augmentation water supplied under this Lease, pursuant to the terms and conditions of this Paragraph, Cheley shall not have the right to later request the amount be added back to the Lease. In other words, any reduction in the maximum amount of augmentation water supplied under this Lease is permanent during the term of this Lease. However, nothing herein precludes Cheley from entering into a separate lease with the Town for additional augmentation water. 7. Augmentation Plan. Cheley shall obtain Water Court approval of its Plan for Augmentation or Exchange in Case No. llCW279. All such proceedings shall be conducted by water rights counsel and engineering consultants selected by Cheley at Cheley's sole cost and expense. No application, stipulation, or consent decree shall be filed, signed, or adopted by Cheley without prior review by and consent of the Town; provided, however, that in no event shall the Town withhold such consent by reason of any requirement that is not specifically addressed in this Lease. The Town agrees to conduct its review of any applications, stipulations, or consent decrees in a timely fashion, not to exceed thirty (30) days unless further time is approved by Cheley. The Town shall not file a statement of opposition to Cheley's water court application and shall provide such information and assistance as is reasonably requested by Cheley, its water rights counsel, or its engineering consultants. No change of the Town's water rights shall be applied for or reviewed in such proceedings. Cheley shall be solely responsible for operating and maintaining any measuring devices as may be required by the Water Court or State Engineer to operate the augmentation plan. Cheley shall also be solely responsible for preparing, maintaining, and compiling accounting forms or other reports required by the State Engineer in connection with the augmentation plan, to the extent not otherwise required from the Town. The Town shall, however, cooperate with Cheley in compiling said accounting and other reports. Cheley shall promptly provide 3 the Town with copies of any reports (including accounting fonns) to or correspondence with the State Engineer relating to the use of the Windy Gap Water in the augmentation plan. The Town shall cooperate with Cheley to amend this Agreement if necessary to satisfy the requirement of the State Engineer andlor Water Court with respect to the augmentation plan. Nothing herein precludes Cheley from filing for supplemental or additional plans for augmentation and exchange utilizing the water leased herein, so long as the terms of this Lease are satisfied. 8. ADDroval. Cheley will be responsible for obtaining all necessary authorizations, approvals, water court decrees, and permits from any and all private entities, and local, state, and federal agencies, as may be required to effectuate this Lease. Cheley shall provide copies of any such authorizations, approvals, and permits to the Town upon its request. 9. Untreated Water. The water delivered to Cheley under this Lease is untreated or non-potable water of whatever quality and is now or in the future available from the sources specified herein. Delivery of non-potable water under this Lease will be on an "as is" basis only, and the Town is does warrant the quality of the water. The Town does not warrant the suitability of the water for any particular purpose. 10. Firming of Windy Gap Water. To reduce variability associated with the yield of Windy Gap Water and to enable the delivery of water pursuant to this Lease, the Town shall utilize its CBT Water to firm up or collateralize the Windy Gap Water leased in this Agreement in accordance with the policies and regulations of the Northern District and the Municipal Subdistrict. 11. Costs and Charges. The Town shall be responsible for payment of the annual debt service and the United States Bureau of Reclamation fixed charge allocated to the Town's Windy Gap Water and all carriage and pumping charges allocated and accrued to the Windy Gap Water which the Town pays to the Municipal Subdistrict during the term of this Lease. The Town shall also be responsible for any firming or collateralizing expenses, which it incurs as a result of its firming the yield of its Windy Gap Water due, without limitation, to storage of water or borrowing CBT Water. 12. Curtailment. The Town represents that, under reasonable and foreseeable circumstances, it should have adequate water to deliver to Cheley under this Lease. Cheley recognizes that the water provided hereunder is presently surplus to the Town's needs, but that the Town's water supply is dependent upon natural water resources that are variable in quantity of supply from year to year, and which may be affected by causes beyond the Town's control. The Town shall not be liable for failure to adequately anticipate availability of the Town's water supply or for an actual failure of the Town's water supply. In times of such shortage or failure, the Town may refuse to supply water or curtail the amount of water provided pursuant to this Lease in order to meet the Town's reasonable municipal needs for water, provided that the Town shall, before curtailing the release of water pursuant to this Lease, first endeavor to (1) conserve existing water resources controlled by the Town so as to save sufficient water to provide to Cheley andlor (2) locate an alternative water source suitable for Cheley's augmentation 4 purposes. If the Town is still unable to provide water to Cheleyas envisioned in this Lease, the Town shall notify Cheley thirty (30) days in advance of any interruptions of delivery. 13. Assignment. Cheley may assign its rights and interests under this Lease to any person or entity, provided that the assignee assumes all of Cheley's obligations under this Lease and takes the rights and interests subject to the provisions of this Lease, Cheley must provide written notice of such assignment to the Town; however; the water that is the subject of this Lease may not be assigned for use other than for the augmentation of out-of-priority depletions resulting from diversions for use on the Camp Property. This Lease shall be binding upon and inure to the benefit of Cheley and the Town and their respective successors and assigns. 14. Default: Remedies. A default shall be deemed to have occurred if either party breaches its obligations hereunder and fails to cure such breach within thirty (30) days of written notice from the non-breaching party specifying the breach. Waiver or failure to give notice of a particular default or defaults shall not be construed as condoning or acquiescing to any continuing or subsequent default. In addition to other legal remedies available to it for a default, including specific performance and damages, the non-breaching party shall also have the right to cancel the Lease by giving written notice of cancellation after the event of default as defined herein. 15. Entire Agreement. This Lease constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Lease. No supplement, modification, or amendment of this Lease shall be binding unless executed in wiring by the parties. No representations or warranties whatever are made by any party to this Lease except as specifically set forth in this Lease or in an instrument delivered pursuant to this Lease. 16. Full Authority. The undersigned represent that they have full authority to enter this Agreement on behalf of the respective parties. 17. Enforcement. This Lease shall be construed and governed in accordance with the laws of the State of Colorado, and it shall be deemed performable in Larimer County, Colorado. This Lease may be enforced in an action for specific performance, injunctive relief, or damages in the District Court, Larimer County, Colorado. 18. Paragraph Headings. The headings of the paragraphs of the Lease are inserted solely for the convenience of reference and are not a part of and are not intended to govern, limit, or aid in the construction of any term or provision herein. 19. Payments and Notices. Any payments and notices required or permitted to be given under this Lease shall be in writing and shall be delivered by United States certified mail, postage prepaid, or by hand delivery, directed to the following addresses: 5 LESSEE: Cheley Colorado Camps, Inc. Attn: JeffCheley 601 Steele Street, P.O. Box 6525 Denver, CO 80206 LESSOR: Town of Estes Park Attn: Town Administrator P. O. Box 1200 Estes Park, CO 80517 Any such notices shall be deemed to be effective on the earlier of the date of its actual receipt or the third day after the same is deposited with the United States Postal Service. Either party, by notice given as provided above, may change the address to which future notices are to be sent. STATE OF COLORADO ) ) COUNTY OF \fltl) c.r ) LESSEE: Cheley Colorado Camps, Inc. -'}jim The foregoing Agreement was acknowledged before me this )~~ day of Na..r~ ,2012, by Jeff Che1ey, President of Cheley Colorado Camps, Inc. d and official seal. otary POh-be -My Commission expires: ~ (ciS \N 6 LESSOR: Town of Estes Park By: STATE OF COLORADO ) ) COUNTY OF ) The foregoing Agreement was acknowledged before me this __ day of _____ , 2012, by of the Town of Estes Park. WITNESS my hand and official seal. Notary Public SEAL My Commission expires: _____ _ 7 UTILITIES DEPARTMENT Memo To: PUP Committee Interim Town Administrator Richardson From: Reuben Bergsten, Utilities Director Todd Steichen, Light & Power Superintendent Date: May 10, 2012 RE: Light & Power Service Center Roof Replacement Background: In September 2003, staff became aware that the painted metal roof on the Robert L. Dekker Light & Power Service Center, located at 615 Elm Road, was in need of repair. Staff checked on the warranty, which was almost expired, and was able to collect a small amount of warranty funds to help offset the repainting costs. The type of painted metal roof originally installed was not designed to be bare metal. This problem, in addition to the improper original installation, has led to roof deterioration and leak issues. In 2003, due to the low level of available funds, it was determined to proceed with the short term fix of repainting the roof versus replacement. Estes Park Painting won the bid to repaint the roof and reiterated that repainting the roof was a temporary fix to the problem. In 2011 due to the peeling and leaking of the repainted roof, staff had five contractors examine the roof, three of which submitted bids for the replacement: 1. Anomaly Roofing $72,103.04 2. Apex Roofing Co. $46,800.00 3. Majestic Roofing LLC $50,185.00 Utilities staff asked the Town’s Public Works Civil Engineer and Metal Sales Engineering to look at the current roof design and specifications to determine if they were adequate for the new building code snow load and wind speed requirements. It was determined that 22-gauge metal should be used instead of the existing 24-gauge. It was also determined that additional purlins may need to be installed for additional strength in the heaviest snow load areas where the roof changes heights and drifting could occur. This will be determined after the existing metal roof has been removed and the existing purlin distances in those areas are measured and confirmed. If additional purlins are needed, a change order for that additional work will be required. Thorp Associates, the original designer, has looked at the roof design, specifications, and the proposed changes and is in agreement with the Town’s Civil Engineer and Metal Sales Engineering. Page 1 Budget: Account #502-7001-580.32-22, Building Remodeling, contains $60,000.00 for the roof replacement. Recommendation: Staff recommends awarding the low bid of $46,800.00 for the Light & Power Service Center roof replacement to Apex Roofing Company, to be included on the Consent Agenda at the May 22, 2012, Town Board meeting. Page 2                                                         UTILITIES DEPARTMENT Report To: PUP Committee Interim Town Administrator Richardson From: Reuben Bergsten, Utilities Director Todd Steichen, Light & Power Superintendent Date: May 10, 2012 RE: Glen Haven Power Line Upgrade Project 2011-2012 Background: Due to budget cuts in 2011, Light & Power decided to take on the Glen Haven Power Line Upgrade project in-house which resulted in a $200,000.00 savings versus contracting the job out as originally planned. This project started at the top of the switchbacks on Co. Rd. 43 and continued north along Co. Rd. 43 to the Glen Haven General Store. Light & Power crews started the project in May of 2011 and, due to workload which included finishing the in-house portion of the Fish Creek Circuit Upgrade 2011, will finish the Glen Haven Power Line Upgrade project in 2012. Project Update: Light & Power crews to date have completed about 80% of the project. The portions they have completed were the most difficult due to the rugged terrain and inaccessibility of the power line in that section. There were several pole holes that had to be blasted, hand dug and set, traffic control on the switchbacks, baker boarding for live line work due to no bucket truck access, etc., all of which was very time consuming. Progress has now picked up since most of the remaining project is much more accessible and should not require blasting or much traffic control. Light & Power crews are gaining some valuable experience and are on schedule to complete the project by the end of May 2012. GLEN HAVEN POWER LINE UPGRADE PROJECT