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HomeMy WebLinkAboutPACKET Town Board 2014-05-13 The Mission of the Town of Estes Park is to plan and provide reliable, high-value services for our citizens, visitors, and employees. We take great pride ensuring and enhancing the quality of life in our community by being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, May 13, 2014 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PROCLAMATION: “Chuck and Julie Varilek Day.” PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT.  Recognition of Project Manager Scott Zurn named 2013/2014 Transportation Professional of the Year. 1. CONSENT AGENDA: 1. Town Board Minutes dated April 22, 2014. 2. Bills. 3. Committee Minutes: A. Community Development / Community Services, April 24, 2014. 4. Scott Avenue Retention Ponds Tree Planting. $2188.50. 2. REPORTS AND DISCUSSION ITEMS: 1. COMMUNITY REPORT. Commissioner Donnelly. 2. NATIONAL PARK 100TH ANNIVERSARY UPDATE. Chuck Levine, Barbara Hoppe Scott. Prepared 05/5/14 * Revised: NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 3. WESTERN HERITAGE UPDATE. Board President Wright. 4. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Manager Zurn. 3. LIQUOR ITEMS: 1. NEW LIQUOR LICENSE - ROCKY MOUNTAIN PARK INN, LLC DBA ROCKY MOUNTAIN PARK INN, ESTES PARK EVENTS COMPLEX: 1125 ROOFTOP WAY, 1115 ROOFTOP WAY AND 1209 MANFORD AVENUE, OPTIONAL PREMISE LIQUOR LICENSE. Town Clerk Williamson. 4. ACTION ITEMS: 1. TRANSPORTATION ADVISORY COMMITTEE APPOINTMENTS. Town Clerk Williamson. 2. 2014 SHUTTLE SERVICES CONTRACT WITH ROCKY MOUNTAIN TRANSIT MANAGEMENT. Director Winslow. 3. LEVEL 3 AGREEMENT FOR USE OF TOWN FIBER. Attorney White. 4. RESOLUTION # 11-14 SUPPLEMENTAL BUDGET APPROPRIATION FOR THE COMMUNITY REINVESTMENT FUND. Finance Officer McFarland. 5. NEW BOND PARK EVENT - ARAPAHO CELEBRATION.. Director Winslow. 6. 2014 FARMERS MARKET ROAD CLOSURE. Director Winslow. 7. NEW EVENT ON ELKHORN AVENUE – ELKHORN DASH ROAD CLOSURE. Director Winslow. 5. REQUEST TO ENTER EXECUTIVE SESSION: 24-6-402(4)(d) C.R.S. – For discussion of specialized details of security arrangements Motion: I move the Town Board go into Executive Session– For the purpose of discussing specialized details of security arrangements under C.R.S. 24-6- 402(4)(d). 6. ADJOURN. Town of Estes Park, Larimer County, Colorado, April 22, 2014 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 22nd day of April, 2014. Present: William C. Pinkham, Mayor Eric Blackhurst, Mayor Pro Tem Trustees Mark Elrod John Ericson Wendy Koenig Ron Norris John Phipps Also Present: Frank Lancaster, Town Administrator Greg White, Town Attorney Jackie Williamson, Town Clerk Trustee Elect Bob Holcomb Trutee Elect Ward Nelson Absent: None. Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. PROCLAMATIONS. Mayor Pinkham proclaimed the month of May as Emergency Preparedness month. Mayor Pinkham also proclaimed April 24thas Arbor Day in Estes Park and May as the month of the tree. PUBLIC COMMENTS. Paul Fishman/Town citizen thanked outgoing Mayor Pro Tem Blackhurst and Trustee Elrod for their service to the community. TOWN BOARD COMMENTS / LIAISON REPORTS. Trustee Ericson stated the Community Development/Community Services Committee meeting would be held on Thursday, April 24, 2014 at 8:00 a.m. in the Board room. The next Public Safety, Utilities and Public Works Committee meeting would be held on Thursday, May 8, 2014 at 8:00 a.m. in the Board room. Trustee Koenig and Norris thanked Mayor Pro Tem Blackhurst and Trustee Elrod for their services to the community. Trustee Norris stated Visit Estes Park (VEP) received an EDA grant for $120,000 for post flood recovery. VEP has completed the interviews for the CEO and President with a formal announcement to be made in the near future. Mayor Pro Tem Blackhurst thanked the citizen for allowing him to serve the community for the past 8 years. He also thanked the staff and leadership team for the professionalism and efforts to provide the citizens with the highest quality service. Mayor Pinkham commented it was a pleasure to work with the outgoing Trustees and commended them both on their passion and service to the community. TOWN ADMINISTRATOR REPORT.  Policy Governance Policy 3.7 Emergency Preparedness – Administrator Lancaster reported compliance with the exception of having a business continuity plan for the Town. He stated the plan continues to be developed by staff and should be completed by the end of the year. Board of Trustees – April 22, 2014 – Page 2  Governor Hickenlooper would be present at the ground breaking for Lot 4 Stanley Historic District. Following the ground breaking he would attend a meeting regarding economic development. Later in the afternoon the governor would recognize emergency responders and their efforts during the flood. 1. CONSENT AGENDA: 1. Town Board Minutes dated April 8, 2014. 2. Bills. 3. Committee Minutes: a. Public Safety, Utilities and Public Works, April 10, 2014: 1. Community Sponsorship Program for bear-resistant trash/recycling containers. 2. Replace Retaining Wall at Bristlecone Inn, $75,000. 4. Tree Board Minutes dated February 20, 2014 (acknowledgement only). 5. Transportation Advisory Committee Minutes dated March 19, 2014 (acknowledgement only). 6. Resolution #10-14 Setting Public Hearing of May 13, 2014 for a new Optional Premise Liquor License Application filed by Rocky Mountain Park Inn, LLC dba Rocky Mountain Park Inn, Estes Park Events Complex. It was moved and seconded (Blackhurst/Phipps) to approve the Consent Agenda, and it passed unanimously. ACKNOWLEDGEMENT OF MAYOR PRO TEM BLACKHURST & TRUSTEE ELROD. Mayor Pinkham presented Mayor Pro Tem Blackhurst and Trustee Elrod with a girft and a “Resolutions of Respect” honoring their active participation on the goals and achievements of the Board of Trustees during their terms of office as Trustee and their service and dedication to the community. 2. ACTION ITEMS: 1. SWEARING-IN CEREMONY FOR NEWLY-ELECTED TRUSTEES. Municipal Judge Brown conducted a Swearing-In Ceremony for newly elected Trustees Robert “Bob” Holcomb, Wendy Koenig and Ward Nelson. 2. MAYOR PRO TEM.. Mayor Pinkham recommended Trustee Koenig serve as Mayor Pro Tem and requested a motion from the Board. It was moved and seconded (Ericson/Phipps) to approve the appointment of Trustee Koenig as Mayor Pro Tem and the motion passed unanimously. 3. APPOINTMENTS. Policy Governance 101 Board Appointments outlines the appointments to a number of Boards, Commissions and Task forces. The following were considered by the Board for formal approval and appointment: Board, Commission or Task Force Liaison Staff Liaison Type of Committee Creative Sign Design Review Board Alison Chilcott Decision Making Estes Valley Planning Commission Trustee Phipps Alison Chilcott Advisory/ Decision Making Estes Valley Board of Adjustment Alison Chilcott Decision making Western Heritage Inc Trustee Koenig Bo Winslow Outside Estes Park Museum Friends and Derek Fortini Outside Board of Trustees – April 22, 2014 – Page 3 Foundation Inc. Ambassadors Teri Salerno Outside Police Auxiliary Wes Kufeld Working Group Parks Board Trustee Holcomb Kevin McEachern Advisory Transportation Advisory Committee Trustee Ericson Kevin Ash Advisory Senior Center Inc. Lori Mitchell Outside Estes Valley Restorative Justice Melissa Westover Working Group Local Marketing District (Visit Estes Park) Trustee Norris Outside Estes Park Board of Appeals Alison Chilcott Advisory/Decision Making Sister Cities Trustee Koenig Working Group Audit Committee Mayor Pinkham Trustee Ericson Steve McFarland Frank Lancaster Deb McDougall Advisory Platte River Power Authority Board of Directors Mayor Pinkham Reuben Bergsten Outside Public Works/Public Safety Committee Trustees Norris (Chair), Koenig and Nelson Board Committee Community Development/ Community Services Committee Trustees Ericson (Chair), Holcomb and Phipps Board Committee Larimer County Open Lands Board Trustee Nelson Outside Community Grant Review Committee Trustee Ericson, Trustee Koenig, Jackie Williamson Board Committee Estes Park Economic Development Corporation Board of Directors Mayor Pinkham, Frank Lancaster Outside It was moved and seconded (Norris/Koenig) to approve the appointments as listed above, and it passed unanimously. Staff Appointments Per the Municipal Code Section 2.24.010, at the first regular meeting following certification of the results of each biennial election, the Board of Trustees shall appoint a qualified person as Town Clerk, Town Treasurer, Town Attorney, Municipal Judge and Assistant Municipal Judge, and any other officers the Board of Trustees deems necessary for the good governance of the Town. Municipal Code Section 2.28.10 Town Administrator; appointment states at the first regular meeting following certification of the results of each biennial election, the Board of Trustees shall appoint a qualified person as Town Administrator. Staff recommends the appointment of the following officers:  Jackie Williamson – Town Clerk  Steve McFarland – Town Treasurer/Town Clerk Pro Tem  Greg White – Town Attorney  Roger Clark - Assistant Town Attorney  Randy Williams - Assistant Town Attorney  Gary Brown – Municipal Judge  John Easley – Assistant Municipal Judge  Frank Lancaster – Town Administrator It was moved and seconded (Norris/Koenig) to approve the appointments of officer as listed above, and it passed unanimously. 4. REPORTS AND DISCUSSION ITEMS. Board of Trustees – April 22, 2014 – Page 4 1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Project Manager Zurn stated the main structural elements of the Event Center have been completed with rough-in electrical, plumbing and HVAC systems nearing 75% complete. The Pavilion project has been substantially completed and in final inspection stages and punch list items are being addressed. The project has come in 8% under budget. 2. PUBLIC INFORMATION QUARTERLY REPORT. PIO Rusch provided an update on public information activities during the past quarter, including continued flood response and recovery, public information related to planning efforts (runoff preparedness, emergency preparedness month, staff training for emergency response, ballot questions, citizen survey for 2014, FLAP grant, policy development, bear education, bike to work day, and American in Bloom), Town newsletter, social media and preparing for the upcoming migration to a new website platform offered by the Statewide Internet Portal Authority. Whereupon Mayor Pinkham adjourned the meeting at 8:40 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk Town of Estes Park, Larimer County, Colorado, April 24, 2014 Minutes of a Regular meeting of the COMMUNITY DEVELOPMENT / COMMUNITY SERVICES COMMITTEE of the Town of Estes Park, Larimer County, Colorado. Meeting held in Town Hall in said Town of Estes Park on the 24th day of April, 2014. Committee: Chair Ericson, Trustees Holcomb and Phipps Attending: All Also Attending: Finance Officer McFarland, Directors Chilcott, Winslow and Fortini, Chief Building Official Birchfield, Managers Salerno and Lynch, Special Event Coordinator Jacobson, Shuttle Coordinator Wells and Recording Secretary Limmiatis Trustee Ericson called the meeting to order at 8:03 a.m. PUBLIC COMMENT. None. COMMUNITY SERVICES DEPARTMENT. NEW EVENT IN BOND PARK. Director Winslow introduced Don Stewart Rocky Mountain National Park who informed the Committee of a new event to take place in Bond Park on August 9th and 10th in conjunction with the 100th Anniversary of Rocky Mountain National Park and the Oliver Toll/Arapaho Expedition. The onetime event would include education, cultural dances, music, authentic artifacts, a teepee raising, arts and crafts vendors from the reservation, and possibly Native American food vendors. The Committee recommended approval of the Arapaho Celebration Event in Bond Park to be included as an action item on the May 13, 2014 Town Board agenda. Paul Fishman town resident requested Director Winslow encourage vendors to park at the Visitor’s Center after unloading to make downtown parking spaces available to guests. NEW EVENT ON ELKHORN AVENUE – ELKHORN DASH, 1 MILER. Director Winslow requested the approval to close one lane of Elkhorn Avenue for The Elkhorn Dash, a one mile downhill race to promote downtown businesses and restaurants, and highlight Estes Park as an athletic destination on June 28, 2014. The race would start at West Elkhorn Avenue near the Elkhorn Lodge at 8:00 a.m. and finish at the US Bank parking lot. Belle Morris event coordinator stated the event could begin at 7:00 a.m. or 7:45 a.m. due to traffic concerns. Chair Ericson stated the start time should be decided by Director Winslow and Chief Kufeld based upon the time needed to block off the street. The Committee recommended approval of the Elkhorn Dash, 1 Miler Event on Elkhorn Avenue to be included as an action item on the May 13, 2014 Town Board agenda. Paul Fishman town resident suggested Belle Morris contact Visit Estes Park and Estes Valley Partners for Commerce to inform the business community of the event. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Visitor Services Quarterly Report – Manager Salerno informed the Committee of the increased foot traffic and phone calls received during the first quarter, the positive response received from the first annual Open House, and the lack of Volunteer Ambassadors for the upcoming Summer season. Staff has begun to identify what motivates individuals to volunteer to help with recruitment. Staff also created a volunteer pamphlet at the request of the Nonprofit Resource Center which was distributed at a recent job fair to inform the public of volunteer opportunities. Community Development / Community Services – April 24, 2014 – Page 2  Visitor Services - Transportation/Shuttle – Coordinator Wells introduced Janice Crow General Manager of Rocky Mountain Transit Management. She invited the Committee to an event on May 9, 2014 at 1:00 p.m. in which a new hybrid bus would be at the Beaver Meadows Visitor Center to take a short ride through Rocky Mountain National Park then tour the new offices and shop space at 1050 Kenwood Lane. Wells provided an update on the 2014 shuttle season. o The shuttle system would operate on select days prior to the shuttle season’s scheduled start date of June 21, 2014 in conjunction with the Stanley Film Festival, the Art Market and the FACE of Fiber in the Rockies. o Staff is to participate in the Senior Transportation Coalition Meeting and CDOT’s Statewide Transportation Plan to ensure transportation efforts are not being duplicated and Estes Park is included in larger transportation plans for the area. o Ambassadors are to be trained on the shuttle system to improve the experience of guests. The Committee stated concern confusion may occur with the Fun Tyme Trolleys operating this summer. Staff would be mindful of the potential confusion and would address any issues that arise. COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Community Development Quarterly Report – Director Chilcott reviewed the department’s seven core governmental services including building safety, addressing, floodplain management, signage, the Estes Valley Long Range Master Plan, planning for the present and nuisances. Building safety activity has been steady with building permit inspections, plan reviews and building permit numbers. Senior Permit Technician Phillips has completed all residential plan reviews since the flood to allow Chief Building Official Birchfield to devote more time to flood recovery. Staff has also contracted some commercial plan reviews to local firms in an effort to stay within the plan review performance standard timeframes, as a few plan reviews fell behind schedule with the demands of flood recovery. The addressing system continues to improve with the new GIS system. The department is finalizing the addressing policies and updating the procedures and forms. Chief Building Official Birchfield was selected as the National Floodplain Manager of the Year by the Association of State Floodplain Managers. Director Chilcott briefly reviewed the spring runoff preparations by describing the Emergency Watershed Protection Program Exigent Projects, Immediate Threat Action, Aggradation Study, long-term flood recovery master plan and the FEMA Flood Insurance Program. For signage, staff created handouts on political and real estate signs and has begun work on a handout that explains sign code in layman’s terms. The Estes Valley Long Range Master Planning continues with the Comprehensive Plan modernization. Staff completed the development review of the Stanley Anschutz Wellness Center and Mountain River Townhomes and would be reworking the development review web pages. Code Compliance Officer Reichardt was hired in March 2014 to help with nuisances as Code Compliance Officer/Planner Kleisler would transition to a full- time Planner.  Verbal Updates and Committee Questions – Trustee Holcomb inquired about the accuracy of floodplain maps. Chief Building Official Birchfield described the purpose and accuracy of the floodplain maps and stated the maps were mostly accurate during the September 2013 flood, with the only exception being Bond Park. Trustee Phipps inquired about receiving road materials from Highway 36 road reconstruction, floodplain advisory maps, and who is the representative on the Fish Creek reconstruction team. Director Chilcott stated the Town has received excess road material that is being stockpiled. Director Bergsten and Project Manager Zurn are the primary staff contacts for Fish Creek reconstruction, and Chief Building Official Birchfield has attended the Technical Advisory Meetings. Trustee Ericson inquired about various locations throughout Town where debris remains in the river corridor Community Development / Community Services – April 24, 2014 – Page 3 and requested an update on the micro-brewery tours. Chief Building Official Birchfield stated seven sites have been identified for debris removal and a contractor would be coming in next week to begin the cleanup efforts. Director Chilcott stated a tour of the breweries in the Fort Collins area would be held on May 16, 2014 for members of the Town Board and Planning Commission and the issue would be returned to a Town Board Study Session. COMMUNITY SERVICES DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings.  Museum Quarterly Report – Director Fortini informed the Committee the Curator of Education facilitated a program in the Kindergarten class at the Estes Park Elementary School about Enos Mills, the collections hold has been lifted, and attendance in the first quarter was the highest it has been in the previous five years.  April Events Report – Coordinator Jacobson updated the Committee on the progress of the Event Focus Committee.  Verbal Updates and Committee Questions – Trustee Holcomb inquired about the response to the new Event Center and Pavilion. Manager Lynch informed the Committee many standard requests are coming in, but an unexpected challenge has been attempting to find lodging that would correspond to the number of guests attending. There being no further business, Chair Ericson adjourned the meeting at 10:00 a.m. Barbara Jo Limmiatis, Recording Secretary PUBLIC WORKS Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Brian Berg, Parks Maintenance Worker III Kevin McEachern, Public Works Operations Manager Kevin Ash P.E., Interim Public Works Director/Engineer Date: May 13, 2014 RE: Scott Avenue Retention Ponds Tree Planting Objective: Plant 70 aspen trees and 58 cottonwood trees at the Town’s Scott Avenue Retention Pond site. Present Situation: This will be a continuing project with Eagle Rock School, Platte River Power Authority, the Town’s Tree Board, Estes Park in Bloom and the Parks Division. In the last two years we have planted over 80 trees and wish to continue in the upcoming years. Proposal: The Platte River Power Authority has donated $3,250.00 for the purchase of the trees, the Town’s Tree Board has provided $2188.50 for the elk and beaver fencing and the Parks Division will be supplying the soil, mulch and posts. The Parks Division will be leading 30 Eagle Rock students in planting and fencing all the trees on May 16, 2014 as part of their Eagle Serve project day. Advantages:  The trees will aid in natural water filtration, nutrient recycling, wildlife habitat, and ecosystem diversity. Disadvantages:  There will be slight impacts to the vegetation. Action Recommended: Staff recommends the continued use of the Scott Avenue retention pond area for this planting and future plantings of trees and other woody vegetation to help with the above issues. This item was reported by Public Works to the PUP Committee at the May 8, 2014 meeting. It was then recommended to the Consent Agenda for this May 13, 2014 Town Board Meeting. Budget: $3250.00 donated by Platte River Power Authority; $2188.50 provided by Estes Park Tree Board. Level of Public Interest: The first cottonwood planting was initiated by the public, for the interest in shade along the multipurpose trail. It has turned into a multi-organization project that will only expand in the future. Sample Motion: I move for the approval/denial for staff to continue use of the Scott Avenue retention pond area for the planting and fencing of trees on May 16, 2014 as well as future plantings of trees and other woody vegetation. Attachments: Presentation that was given at the May 8, 2014 PUP Committee meeting. Presented to PUP Committee May 8, 2014 Brian Berg, Parks Division Platte River Power Authority- Donated $1,500 in 2013; donating $3,250 in 2014 for the trees. Estes Park Tree Board- Provided $2,188.50 for the elk & beaver fence for this years planting. Eagle Rock School- For the second year, 25 student volunteers and 10 teachers will plant and install fence. Town’s Park Division- Providing all equipment, soil and mulch for the tree planting. Estes Park In Bloom 50 -1 gal Aspens and 20 -5 gal Aspens 15 -3 inch caliper Cottonwoods 50 -1gal Aspens and 20 -5gal Aspens 58 -5gal Cottonwoods PUBLIC WORKS Report To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Scott Zurn, PE Special Projects Manager Date: May 13, 2014 RE: Event Center & Pavilion Construction Update Objective: To update the Town Board and public on the progress of the MPEC and Pavilion project at the Stanley Fairgrounds. Present Situation: The MPEC main structural elements are completed and the grain silo architectural features are installed. The MPEC main event space nears its completion as the concrete floors are finished .Mechanical and electrical systems are roughed in and trim out of these systems are beginning. Items evident from the exterior this week will be items such as overhead door installation and rough grading of the site. Also this week exterior concrete sidewalks steps and ramps will begin in the front of the building. Staff does have a walk through and tour of the progress tomorrow at noon for trustees and interested officials. Staff will give more details of the progress and answer any questions on the tour. The Pavilion project is now substantially complete and staff will begin to take over occupancy of the new facility. Fairgrounds staff will now begin to utilize and become acquainted with the operation and use of the project. Staff looks forward to showing the completed project on the tour. Again as mentioned before the Public Works Parks Division is designing and installing the landscaping in-house and will be working in concert with the contractor over the next several weeks. The delivery date for occupancy of the MPEC is scheduled for early June. Budget: Community Reinvestment Fund - $5,682,050. The project remains within budget. Level of Public Interest This project has a very high level of public interest. TOWN CLERK Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: May 13, 2014 RE: Liquor Licensing: New Optional Premises Liquor License Application for Rocky Mountain Park Inn, LLC dba Rocky Mountain Park Inn, Estes Park Events Complex: 1125 Rooftop Way, 1115 Rooftop Way, and 1209 Manford Avenue. Objective: Approval of a new Optional Premises Liquor License located at the Estes Park Events Complex at the Fairgrounds at Stanley Park: 1125 Rooftop Way, 1115 Rooftop Way, and 1209 Manford Avenue, Estes Park, Colorado. Application filed by Rocky Mountain Park Inn, LLC dba Rocky Mountain Park Inn. Present Situation: Rocky Mountain Park Inn, LLC has entered into an agreement with the Town of Estes Park to operate the food and beverage concession at the Estes Park Events Complex which includes the concession stand and grandstands, the Events Center, and the Pavilion at the Fairgrounds at Stanley Park. An application for a new Optional Premises Liquor License for these locations was received by the Town Clerk’s office on April 10, 2014. All necessary paperwork and fees were submitted; please see the attached hearing procedure for more information. Chris Cook, who is named on the application as the manager for the license, has fulfilled the TIPS training requirement by attending and successfully completing a class offered by trainer Barb Boyer Buck on May 7, 2014. The application has been sent to the Colorado Department of Revenue Liquor Enforcement Division (LED) for a concurrent review as requested by the applicant. This allows the LED to review the application at the same time as Town staff and expedites the issuance of the new liquor license. Proposal: Town Board review and consideration of the application for a new Optional Premises Liquor License. Advantages: Approval of the license will provide the concessionaire with the ability to serve alcohol during events held at the Events Complex as outlined in the agreement. Disadvantages: The concessionaire would be unable to include the sale of alcohol beverages in the services they provide to event attendees. Action Recommended: Approval of the application for a new Optional Premises Liquor License. Budget: The fee paid to the Town of Estes Park for a new Optional Premises Liquor License is $1319. The fee covers the administrative costs related to processing the application, background checks, and business licensing. In addition, the annual renewal fee payable to the Town of Estes Park for an Optional Premises Liquor License is $869. Level of Public Interest Low. Sample Motion: I move to approve/deny the application for a new Optional Premises Liquor license filed by Rocky Mountain Park Inn, LLC dba Rocky Mountain Park Inn. Attachments: 1. Procedure for Hearing 1 July 2002 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE 1. MAYOR. The next order of business will be the public hearing on the application of Rocky Mountain Park Inn, LLC dba ROCKY MOUNTAIN PARK INN for a new Optional Premises Liquor License located at the Estes Park Events Complex, which consists of the Grandstand (1209 Manford Avenue), the Event Center (1125 Rooftop Way), and the Pavilion (1115 Rooftop Way), Estes Park, Colorado. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. OPEN PUBLIC HEARING 2. TOWN CLERK. Will present the application and confirm the following: The application was filed April 10, 2014. At a meeting of the Board of Trustees on April 22, 2014, the public hearing was set for 7:00 p.m. on Tuesday, May 13, 2014. The neighborhood boundaries for the purpose of this application and hearing were established to be 4.05 miles. The Town has received all necessary fees and hearing costs. The applicant is filing as a Limited Liability Company. The property is zoned CO – Commercial Outlying which allows this type of business as a permitted use. 2 The notice of hearing was published on May 2, 2014 . The premises was posted on April 30, 2014 . There is a police report with regard to the investigation of the applicant. Status of T.I.P.S. Training: Unscheduled Scheduled X Completed There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request. 3. APPLICANT. The applicants will be allowed to state their case and present any evidence they wish to support the application. 4. OPPONENTS. The opponents will be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. 5. MAYOR. Ask the Town Clerk whether any communications have been received in regard to the application and, if so, to read all communication. Indicate that all evidence presented will be accepted as part of the record. Ask the Board of Trustees if there are any questions of any person speaking at any time during the course of this hearing. Declare the public hearing closed. 6. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. Transportation Advisory Committee Appointments Town Clerk Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Jackie Williamson, Town Clerk Date: May 9, 2014 RE: Transportation Advisory Committee Appointments Objective: To appoint new committee members to the Transportation Advisory Committee (TAC). Present Situation: The TAC was formed just over a year ago to support the comprehensive transportation planning for the valley; to review and recommend transportation related capital projects, and to support the safety and maintenance of the Town’s transportation system. The committee is actively discussing the downtown highway reroute with the Federal Land Access Project (FLAP) grant and the Visitor Center Parking structure. The bylaws outline the membership of the committee shall consist of 9 members and the member must be residents of the Estes Valley Planning district. The terms shall be for 3 years and shall be staggered so the terms of 3 members would expire each year. Committee members Stan Black, Ann Finley and Belle Morris were appointed to 1-year terms that expired on March 31, 2014. The committee also has a vacancy created early on when a member of the committee moved outside of the Estes Valley Planning district. The Administrative Service department advertised for 4 positions on the committee and received 7 applications. Upon scheduling the interviews, 2 of the 7 applicants withdrew from consideration. An interview team consisting of Trustee Norris, Trustee Phipps and Committee Chair Kimberly Campbell conducted interviews on May 8th and May 9th. Proposal: The interview team recommends the reappointment of Stan Black, Ann Finley and Belle Morris to 3-year terms ending March 31, 2017. The team also recommends the appointment of Pat Newsom to complete the vacant position ending March 31, 2016. It should be noted the committee was impressed by the quality of the candidates and the depth of knowledge they bring to the committee. Transportation Advisory Committee Appointments 2 Advantages: The positions would be filled allowing the TAC to move forward with current projects and hold meetings beginning on Wednesday, May 21, 2014. Disadvantages: If the appointments are not made, the positions would remain vacant until the positions could be re-advertised and interviews conducted. Action Recommended: Reappoint Stan Black, Ann Finley and Belle Morris to the Transportation Advisory Committee for 3-year terms expiring on March 31, 2017 and appoint Pat Newsom for a term expiring on March 31, 2016. Budget: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the reappointment of Stan Black, Ann Finley and Belle Morris to the Transportation Advisory Committee for 3-year terms expiring on March 31, 2017 and appoint Pat Newsom for a term expiring on March 31, 2016. 1 Memo: Contract for shuttle services with Rocky Mountain Transit Management 05/13/2014 To: Honorable Mayor Pinkham Town Board of Trustees Town Administrator Lancaster From: Brian Wells, Shuttle Coordinator Date: May 13, 2014 RE: Contract for shuttle services with Rocky Mountain Transit Management Objective: Rocky Mountain Transit Management (RMTM) (McDonald Transit Associates Inc.) has made a contract offer to continue operating the busses for the 2014 Estes Park FREE Shuttle Service. Consistent with previous years, RMTM will lease three vehicles from Davey Coach not to exceed the price of $3,485 per vehicle per month and the Town of Estes Park will reimburse vehicle lease costs. RMTM will maintain and insure the Town’s trolley under the same terms and conditions outlined in the service contract. The Town will pay to install/uninstall Connexionz GPS tracking equipment and exterior lettering/logos as appropriate per owned/leased vehicles, not to exceed $500 per vehicle per season. The hourly service rate for 2013 will be $55.33 which includes routine maintenance, shuttle drivers, insurance, and fuel costs up to $2.50 a gallon for the five full-service schedule and charters. The service contract with Rocky Mountain Transit Management (McDonald Transit Associates Inc.) is a continuation/piggyback of the five year contract (2014 = 2nd year) between Rocky Mountain National Park with Rocky Mountain Transit Management (McDonald Transit Associates Inc.). Community Services Memo 2 Memo: Contract for shuttle services with Rocky Mountain Transit Management 05/13/2014 Proposal: The Rocky Mountain Transit Management (McDonald Transit Associates Inc.) contract proposal is attached. Advantages:  Offering continued shuttle service (ninth season) for guests and residents of Estes Park and the surrounding community.  Reduction in the amount of private vehicles on local roads and emissions. Disadvantages:  Reduced access to local business and services for guests, residents, and summer workers.  Greater number of private vehicles utilizing area roads and emissions. Action Recommended: Acceptance of the agreement with McDonald Transit Associates Inc. to provide shuttle services for the Town of Estes Park, as specified in the agreement. Budget: The 2014 Estes Park FREE Shuttles budget is attached, showing the RMTM contract as a part of the whole budget. Transportation Fees #222-5600-456-22-60 RMTM Charters #222-5600-456-22-98 Level of Public Interest:  The Estes Park Free Shuttles served 89,637 riders in 2013 with approximately 30% being local residents and summer workers.  2013 ridership was 52.3% higher than 2012.  The Shuttle Committee accepts regular requests for shuttle stops from area businesses and potential riders.  Through the 2013 shuttle season, we have served 344,987 riders. Staff Recommendation: Staff recommends approval of the agreement. 3 Memo: Contract for shuttle services with Rocky Mountain Transit Management 05/13/2014 Sample Motion: I move for approval/denial of the agreement with McDonald Transit Associates Inc., to provide shuttle services for the Town of Estes Park, as specified in the agreement. Attachments:  Agreement with McDonald Transit Associates Inc.  2014 Town of Estes Park Transportation Budget Note: Not applicable. AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ________, 2014 by and between the Town of Estes Park (hereinafter referred to as the “TOWN”), and McDonald Transit Associates, Inc., located at 3800 Sandshell Drive, Suite 185, Fort Worth, Texas 76137 (hereinafter referred to as the “CONTRACTOR”). WITNESSETH WHEREAS, the TOWN desires the services of the CONTRACTOR to manage and operate a fixed route transportation service; and WHEREAS, the CONTRACTOR has the requisite personnel and experience, and is capable of managing and operating said service. NOW, THEREFORE, it is mutually understood and agreed by the TOWN and the CONTRACTOR as follows: ARTICLE 1. Complete Agreement A. This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of the agreement between the TOWN and the CONTRACTOR and it supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s). B. The TOWN’S failure to insist in any one or more instances upon the CONTRACTOR’S performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the TOWN’S right to such performance or to future performance of such term(s) or conditions(s) and the CONTRACTOR’S obligation in respect thereto shall continue in full force and effect. ARTICLE 2. TOWN DESIGNEE The Town Administrator or his/her designee shall have the authority to act for and exercise any of the rights of the TOWN as set forth in this Agreement. ARTICLE 3. STATEMENT OF WORK A. The CONTRACTOR shall perform the work necessary to complete in a manner satisfactory to the TOWN the services set forth in Exhibit A attached to and by this reference incorporated in and made a part of this Agreement. All services shall be provided at the times and places designated by the TOWN. B. The CONTRACTOR shall provide all operators, mechanics, and supervisors to perform the above-specified services. All key personnel under this agreement will be subject to the advice and consent process currently in place with the Town of Estes Park. ARTICLE 4. TERM OF AGREEMENT A. This Agreement shall commence upon execution by both parties, and shall continue in full force and effect until December 31, 2014 (“Initial Term”), unless earlier terminated or extended as provided in this Agreement. B. This Agreement will continue annually through December 31, 2018 unless the Town, in its sole discretion, terminates this Agreement by written notice to the Contractor on or before December 31 of any calendar year. Prior to March 31 of each calendar year, the Parties agree to negotiate to the routes, dates, costs, number of vehicles, fuel costs, and other items as more fully set forth on Exhibit A. which will be effective for that year’s services. C. The TOWN’s election to extend the Agreement beyond the Initial Term shall not diminish its right to terminate the Agreement for the TOWN’s convenience or CONTRACTOR’s default as provided elsewhere in this Agreement. D. If the service is to be provided for less than an entire month, the CONTRACTOR will invoice the TOWN for revenue hours for the month(s). E. The Town’s obligation to pay the Contractor for the services in any fiscal year shall be subject to and contingent on the appropriation by the Town, in its annual budget process, of sufficient funds to meet its obligations pursuant to this Agreement. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of the Town within the meaning of any Constitutional or Statutory debt limitation. This Agreement shall not directly or indirectly obligate the Town to appropriate funds beyond the Town’s then current fiscal year. ARTICLE 5. PAYMENT A. For the CONTRACTOR’s full and complete performance during the billing period of the Services under this Agreement, the TOWN agrees to pay CONTRACTOR as set forth in Exhibit A. ARTICLE 6. NOTICES All notices hereunder and communication regarding the interpretations of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the United States mail, registered or certified mail, return requested, postage prepaid and addressed as follows: TO THE CONTRACTOR: TO THE TOWN: McDonald Transit Associates, Inc. Town of Estes Park 3800 Sandshell Drive, Suite 185 P O Box 1200 Fort Worth, Texas 76137 Estes Park, CO 80517 Attn: Robert Babbitt, President Attn: Town Administrator Phone: (817) 232-9551 Phone: (970) 577-3707 Fax: (817) 232-9560 Fax: (970) 586-2816 ARTICLE 7. INDEPENDENT CONTRACTOR The CONTRACTOR’s relationship to the TOWN in the performance of this Agreement is that of an independent contractor. The CONTRACTOR’s personnel performing services under this Agreement shall at all times be under the CONTRACTOR’s exclusive direction and control and shall be employees of the CONTRACTOR and not employees of the TOWN. The CONTRACTOR shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation and similar matters. ARTICLE 8. INSURANCE A. The CONTRACTOR shall procure and maintain insurance coverage during the entire term of the Agreement. Coverage shall be full coverage and not subject to self –insurance provisions. The CONTRACTOR shall provide the following insurance coverage: 1. Commercial General Liability, to include Premises/Operations, Contractual Operations, independent Contractors, and Personal Injury Liability with at least $5,000,000 of coverage; 2. Automobile Liability Insurance with the following limits: A. Combined Single Limit of $5,000,000 B. Uninsured/Underinsured Bodily Injury with limits of $25,000 per person; and C. Uninsured/Underinsured Bodily Injury with limits of $50,000 per accident; 3. Workers’ Compensation with limits as required by the State of Colorado 4. Employer’s Liability with limits of $1,000,000 B. Proof of such coverage, in the form of an insurance company issued policy endorsement and a broker-issued insurance certificate, must be received by the TOWN within ten (10) calendar days from the date of execution of the Agreement with THE TOWN, its officers, directors, employees, agents, and self-insurance pool (CIRSA) designated as additional insureds. Furthermore, the TOWN reserves the right to request certified copies of all related i nsurance policies. C. The CONTRACTOR shall furnish to the TOWN a broker-issued certificate of insurance showing the required coverage for the CONTRACTOR and further providing that: 1. The coverage shall be primary and noncontributory as to any other insurance with respect to performance hereunder; and 2. Thirty (30) days prior written notice of cancellation or material change in insurance coverage to be given to the TOWN. D. Governmental Immunity Act. The parties agree and understand that t he TOWN is relying on and does not waive, by any provision of this Agreement, the monetary limitations or terms (presently Three Hundred Fifty Thousand and 00/100 Dollars ($350,000)per person and Nine Hundred Ninety Thousand and 00/100 ($990,000) per occurrence) or any other rights, immunities, and protection provided by the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., as from time to time amended, or otherwise available to the TOWN or any of its officers, agents, volunteers or employees. ARTICLE 9. CHANGES By written notice or order, the TOWN may, from time to time, order work suspension or make changes in the general scope of this Agreement, including, not limited to, the services furnished to the TOWN by the CONTRACTOR as described in Exhibit A. If any such work suspension or change causes an increase or decrease in the price of the Agreement or in the time required for its performance, the CONTRACTOR shall promptly notify the TOWN thereof and assert its claim for adjustment within t en (10) days after the change or work suspension is ordered, and an equitable adjustment shall be negotiated. However, nothing in this clause shall excuse the CONTRACTOR from proceeding immediately with the agreement as changed. ARTICLE 10. NOTICE OF LABOR DISPUTE Whenever the CONTRACTOR has knowledge that any actual or potential dispute may delay performance of the Agreement, the CONTRACTOR shall immediately notify and submit all relevant information to the TOWN and assist the TOWN in developing a plan to continue service. ARTICLE 11. TERMINATION A. The TOWN may terminate this Agreement for its convenience any time, in whole or part, by giving the CONTRACTOR written notice thereof. Upon termination, the TOWN shall pay the CONTRACTOR its pro rata portion of its fee for services incurred to the date of termination. B. The TOWN may terminate Agreement for the CONTRACTOR’s default if a federal or state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR, or if the CONTRACTOR makes an assignment for the benefit of creditors, or if CONTRACTOR breaches any term(s) or violates any provision(s) of this Agreement and does not cure such breach or violation within ten (10) calendar days after written notice thereof by the TOWN. The CONTRACTOR shall be liable for any and all reasonable costs incurred by the TOWN as a result of such default including, but not limited to, reprocurement costs of the same or similar services defaulted by CONTRACTOR under this Agreement. ARTICLE 12. INDEMNIFICATION The CONTRACTOR shall indemnify, defend and hold harmless the TOWN, its officers, directors, employees, agents and self-insurance pool (CIRSA) from all losses, damages, claims for personal injury or damages to real or personal property to the extent caused by the CONTRACTOR’s negligence. The CONTRACTOR agrees to indemnify the TOWN against expenses, including reasonable attorney’s fees, and liability arising from any such claim or infringement provided the CONTRACTOR has the right to control the defense or settlement of any such claim in accordance with the following: (i) The CONTRACTOR, at its own cost and expense, shall indemnify, defend and hold harmless the TOWN from and against any and all claims, demands, actions, suits, damages, liabilities, losses and expenses (including reasonable attorney’s fees and disbursements) for personal injury or property damage asserted by third parties to the extent caused by the negligence or willful misconduct of the CONTRACTOR in connection with the CONTRACTOR’s performance, or failure to perform this Agreement hereunder (“Third Party Claims”). (ii) The TOWN shall promptly give written notice to the CONTRACTOR after obtaining knowledge of any potential or actual Third Party Claim against the TOWN as to which recovery may be sought against the CONTRACTOR because of the indemnity set forth in clause (i) above. (iii) The CONTRACTOR will have the right to defend the TOWN against any Third Party Claim with counsel mutually agreed upon by the CONTRACTOR and the TOWN. In addition: a) The TOWN may retain separate co-counsel at its sole cost and expense to monitor the defense of the Third Party Claim provided however, that the CONTRACTOR shall have the right to control the defense of such Third Party Claim in the CONTRACTOR’s sole discretion. b) The TOWN will not consent to the entry of any judgment or enter into any settlement with respect to such Third Party Claim without the prior written consent of CONTRACTOR; c) The TOWN shall cooperate with all reasonable requests of CONTRACTOR in connection with the defense of such Third Party Claim. (iv) To the extent reasonably possible, the TOWN shall use its good faith efforts to mitigate any losses which the CONTRACTOR is obligated to indemnify against pursuant to this indemnificatio n paragraph. ARTICLE 13. WARRANTY The CONTRACTOR represents that it is fully experienced and properly qualified to perform the services required for this Agreement and that it is properly licensed, equipped, organized, and financed to perform the Services. The CONTRACTOR warrants that all Services shall be in accordance with this Agreement and shall comply with the performance standards of Exhibit A. In the event of a breach of this warranty, the CONTRACTOR shall take the necessary actions to correct the breach and the consequences thereof, at the CONTRACTOR’s sole expense, in the most expeditious manner as permitted by existing circumstances. If the CONTRACTOR does not promptly take steps to correct the breach upon notification by the TOWN, the TOWN, without waiving any other rights or remedies it may have at law or otherwise, may do so or cause others to do so and the CONTRACTOR shall promptly reimburse the TOWN for all expenses and cost incurred in connection therewith. ARTICLE 14. ASSIGNMENTS AND SUBCONTRACTING Neither this Agreement nor any interest herein nor claim hereunder may be assigned by the CONTRACTOR either voluntarily or by operation of law, nor may any part of this Agreement be subcontracted by the CONTRACTOR, without the prior written consent of THE TOWN. Consent by THE TOWN shall not be deemed to relieve the CONTRACTOR of its obligations to comply fully with all terms and conditions of this Agreement. ARTICLE 15. FEDERAL, STATE AND LOCAL LAWS The CONTRACTOR warrants that in the performance of this Agreement, it shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated thereunder. ARTICLE 16. OWNERSHIP OF REPORTS AND DOCUMENTS The originals of all letters, documents, reports and other products and data produced under this Agreement shall be delivered to, and become the property of the TOWN. Copies may be made for the CONTRACTOR’s records but shall not be furnished to others without written authorization from THE TOWN. Such deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by the TOWN. ARTICLE 17. PATENT AND COPYRIGHT INFRINGEMENT A. In lieu of any other warranty by the TOWN or the CONTRACTOR against patent or copyright infringement, statutory or otherwise, it is agreed that the CONTRACTOR shall defend at its expense any claim or suit against the TOWN on account of any allegation that any item furnished under this Agreement or the normal use or sale thereof arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and the CONTRACTOR shall pay all costs and damages finally awarded in any such suit or claim, provided that the CONTRACTOR is promptly notified in writing of the suit or claim and given the TOWN, information and assistance at the CONTRACTOR’s expense for the defense of same. However, the CONTRACTOR will indemnify the TOWN if the suit or claim results from: (1) the TOWN’s alteration of a deliverable, such that said deliverable in its altered form infringes upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by the CONTRACTOR when such use in combination infringes upon an existing U.S. letters patent or copyright. B. The CONTRACTOR shall have sole control of the defense of any such claim or suit and all negotiations for settlement thereof. The CONTRACTOR shall not be obligated to indemnify the TOWN under any settlement made without the CONTRACTOR’s consent or in the event the TOWN fails to cooperate fully in the defense of any suit or claim, provided, however, that said defense shall be at the CONTRACTOR’s expense. If the use or sale of said item is enjoined as a result of such suit or claim, CONTRACTOR, at no expense to THE TOWN, shall obtain for the TOWN the right to use and sell said item, or shall substitute an equivalent item acceptable to the TOWN and extend this patent and copyright indemnity thereto. ARTICLE 18. FORCE MAJEURE Either party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control in cluding, but not limited to: any incidence of fire, flood, strike; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act of omission by the other party; when satisfactory evidence of such cause is presented to the other party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the party not performing. ARTICLE 19. DEFAULT In the event either Party shall fail to observe or perform any of the terms and provisions of this Agreement and such failure shall continue for a period of ten (10) days after receipt of written notice from the non-defaulting party ("Default"), then the non-defaulting party may terminate this Agreement, provided however, that where such Default cannot reasonably be cured within such period, and the defaulting party has proceeded promptly to cure the same and is prosecuting such cure with diligence, the time for curing such Default shall be extended for an amount of time, not to exceed ten (10) days, as may be necessary under the circumstances to complete such cure. ARTICLE 20. COSTS Except as otherwise expressly provided above, each Party shall bear all of it s own attorney's fees and other expenses related to this Agreement. ARTICLE 21. BINDING EFFECT This Agreement shall be binding upon, and shall inure to the benefit of the Parties hereto and their respective successors and assigns. ARTICLE 22. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado with venue in the District Court, Larimer County, Colorado. ARTICLE 23. SEVERABILITY In the event any term, covenant or condition of this Agreement, or the application of such term covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants and conditions of this Agreement shall not be affected thereby, but shall remain in force and effect unless a court holds that the invalid term, covenant or condition is not separable from all other terms, covenants and conditions of this Agreement. ARTICLE 24. WAIVER No delay or omission by either Party to exercise any right or power occurring upon non-compliance or failure of performance by the other Party shall impair that right or power or be construed to be a waiver. A waiver by either Party of any of the covenants, conditions or Agreements to be performed by the other Party shall not be construed to be a general waiver. ARTICLE 25. INTEGRATED AGREEMENT AND AMENDMENTS This Agreement is an integration of the entire understanding of the parties with respect to the matters set forth herein. The parties shall only amend this Agreement in writing with the proper official signatures attached thereto. Article 26. WORK BY ILLEGAL ALIENS PROHIBITED A. CONTRACTOR hereby certifies that, as of the date of this Agreement, it does not knowingly employ or contract with an illegal alien and that CONTRACTOR has participated or attempted to participate in the basic pilot employment verification program as defined in C.R.S. § 8-17.5- 101(1) (“Program”) in order to verify that it does not employ illegal aliens. B. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. CONTRACTOR hereby certifies that it has verified or attempted to verify through participation in the Program that CONTRACTOR does not employ any illegal aliens and, if CONTRACTOR is not accepted into the Program prior to entering into this Agreement, that CONTRACTOR shall apply to participate in the Program every three (3) months until CONTRACTOR is accepted or this Agreement has been completed, whichever is earlier. D. CONTRACTOR is prohibited from using Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed. E. If CONTRACTOR obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: i. notify the subcontractor and the TOWN within three (3) days that CONTRACTOR has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii. terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph the subcontractor does not stop employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. CONTRACTOR shall comply with any reasonable request by the Colorado Department of Labor and Employment (“Department”) made in the course of an investigation that the Department is undertaking pursuant to the authority established in Article 17.5 of Title 8 C.R.S. G. If CONTRACTOR violates this paragraph, the TOWN may terminate this Agreement for breach of contract. If this Agreement is so terminated, CONTRACTOR shall be liable for actual and consequential damages to the TOWN. This Agreement shall be effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. McDONALD TRANSIT ASSOCIATES, INC. By____________________________________ Robert T. Babbitt, President TOWN OF ESTES PARK By____________________________________ Bill Pinkham, Mayor ATTEST: ________________________________ Town Clerk Exhibit A Town of Estes Park 2014 Proposal June 21 thru September 7 79 days BLUE 9:00 am - 10:00 pm 13 hours per day 1027 Total hours: $55.33 $56,823.91 RED 9:00 am --10:00 pm 13 hours per day 1027 Total hours: $55.33 $56,823.91 SILVER: 8:45 am --9:45 pm 13 hours per day 1027 Total hours: $55.33 $56,823.91 BROWN: 8:00 am - 10:00 pm 14 hours per day 1106 Total hours: $55.33 $61,194.98 TROLLY 9:00 am --10:00 pm 13 hours per day 1027 Total hours: $55.33 $56,823.91 TOTAL: 5214 Total hours: $288,490.62 2014 TOTAL: $288,490.62 Blue-1 wheelchair accessible cutaway @ $1750 per month (20 pass. ADA Compliant) all gasoline powered shuttles. Silver -Lease Costs: 1 wheelchair accessible cutaway @ $3165 per month (15 pass. ADA Compliant) Red - Lease Costs: 1 cutaway @ $3085 each per month (15 pass. Non ADA) Brown - Lease Costs: 1 cutaway @ $3485 each per month (25 pass. Non ADA) ADDITIONAL APPROXIMATE COSTS: Lettering Vehicles: $250 per vehicle ConnexionZ install: $500 per vehicle Motor vehicle fee:$945 for 3 vehicles 10 days additional cost pickup and return vehicles: $100 per day per vehicle (IF NEEDED) Additional mileage over 6,000 per vehicle is .50 cents per mile. Town of Estes Park is responsible for any fuel costs over $2.50 per gallon (2013cost $9300) (2013cost $9300) ADDITIONAL: Lettering $750.00 ConnexionZ install & uninstall $1,500.00 Motor Vehicle fees $945.00 Fuel Surcharge $9,300.00 Charters $5,355.00 The Charter service hourly rate is $55.33 Maps & Signs $17,850.00 Lease Costs: 1 cutaway @ $3085 each per month (ADA Compliant) $9,255.00 Lease Costs: 1 cutaway @ $3485 each per month $10,455.00 Lease Costs: 1 cutaway @ $3165 each per month (ADA Compliant) $9,495.00 Lease Costs: 1 cutaway @ $1750 each per month ___$5,250.00 $34,455.00 TOTAL $340,795.62 Total Cost: $335,440.62 (less charters) Daily cost (81 days) 1 week 2 week cost Monthly (31 days) cost 4,141.24 $28,988.70 $57,977.39 $128,378.51 Above cost does not include any charter hours Total Cost w/Charters: $340,795.62 ($55.33 per hour) Daily cost (81 days) 1 week 2 week cost Monthly (31 days) cost 4,207.35 $29,451.47 $58,902.95 $130,427.95 Fiber Use License Agreement – Level 3 Communications, LLC Town Attorney Memo 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Gregory A. White, Town Attorney Date: May 5, 2014 RE: Fiber Use License Agreement – Level 3 Communications, LLC Objective: Review and approve, if applicable, the Fiber Use License Agreement between the Town of Estes Park and Level 3 Communications, LLC (“Level 3”). Present Situation: Effective September of 2005, the Town and ICG Telecom Group, Inc. (“ICG”) entered into an agreement leasing six (6) of the Town’s fiber optic fibers (the “Licensed Fibers”) to ICG. Level 3 acquired ICG. Since that acquisition, Level 3 has used the Licensed Fibers. Pursuant to its terms, the ICG Agreement terminated on September 5, 2010. However, Level 3 has continued to use the Licenses Fibers without an agreement with the Town. For the past two years, Town Staff has been negotiating with Level 3 to reach an agreement on the use of the Town’s fibers which will provide a monthly payment to the Town and settlement for the use of the Town’s fibers since the termination of the ICG Agreement in September of 2010. The Colorado Statutes place limitations on the Town’s ability to license its fiber to third parties. The Town may only license the unused excess capacity of its fiber. The unused fiber must be made available to all third parties who wish to license the fiber on the same terms and conditions as any third party. The Agreement contains the following terms: 1. The term is for a five (5) year period with an additional five (5) year option at the discretion of Level 3. 2. The monthly payment for Licensed Fibers is in the amount of $1,665.00, which is the same monthly amount the Town is currently charging CenturyLink for use of other Town fibers. 3. A lump sum payment in the amount of $35,000 for the period from September, 2010 to May, 2014. Please note that the original ICG Agreement had no monthly payment and only required a payment to the Town of a percentage of income received by ICG/Level 3, which income was never achieved during the term of the original agreement. Setting Show Cause Hearing 2 Advantages:  Puts in to place a written Agreement for the lease of fiber from the Town by Level 3 including a monthly payment and settlement of any outstanding issues from September of 2010.  Provides fiber optic communication through Level 3 to customers of Level 3 in the Estes Valley. Disadvantages: None. Action Recommended: Approve the Fiber Use License Agreement with Level 3. Budget: The $35,000 lump sum payment and the monthly income will provide revenue to the Town. Sample Motion: I move to approve/not approve the Fiber Use License Agreement with Level 3 Communications. FINANCE DEPT Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Lancaster From: Steve McFarland, Finance Officer Date: May 13th, 2014 RE: Resolution #11-14; 2014 Supplemental Budget Appropriation for Community Reinvestment Fund   Background: Changes to Budgets often become necessary as unforeseen opportunities and challenges arise. Normally, multiple Fund budgets are amended together as part of the year-end Budget process, but on this occasion, it is necessary to supplementally appropriate the Community Reinvestment Fund (CRF) prior to year-end. The purpose of this mid-year budget amendment is three-fold: 1. 2013 data is complete enough to forecast ending 2013 fund balance with reasonable confidence. 2. Projects in progress (with purchase orders) were rolled over in to the 2014 Budget. Portions of projects that had not advanced to the point of being contracted at the end of 2013 were returned to fund balance. These projects have continued and the monies that were originally appropriated in 2013 must now be re-appropriated in 2014. This appropriation wraps all expenditures expected in 2014 into one resolution/budget amendment. 3. One of the projects that had not advanced far enough along to be rolled over was (the construction portion of) the Parking Structure. The Town and State are at the point where IGAs must be approved that will allow the Town to accept the $228,500 CMAQ and $400,000 FASTER grants. These grants can/will be used for the construction portion of the Parking Structure, but part of the acceptance requirements is that the Town must demonstrate a budgeted amount for the Structure. Stating these items in the budget does not mean that we must proceed – it just allows for the possibility of proceeding seamlessly. The attached spreadsheet reports the progression of the CRF from 2012 through May 2014. There are 6 columns of data. The columns (A, B, C, E) with yellow at the top are identical to the columns that are in the 2014 Budget (page 76). Column D is the end-of- year estimate for 2013 as of May 09 2014, and is therefore an update of Column C. Column F is the column with the current 2014 estimates/data, and the total expenditure amount of $9,872,014 is what is being requested for adoption. Comments: A. (2012) Column A shows 2012 final data. B. (Original Budget 2013) Column B shows the original 2013 Budget for CRF (adopted Dec 2012). C. (Revised Budget 2013) Column C shows the revised 2013 Budget for CRF (adopted Dec 13). D. (YTD 2013) Column D reports final data for 2013, pending any audit adjustments. This is new (revised) data. Column D updates Column C. E. (Budget 2014) Column E is the approved 2014 Budget column. F. (Revised Budget 2014) Column F shows proposed mid-year changes to the CRF. When reviewing the changes, compare columns E and F. Changes include: a. REVENUES: i. Grant income Several line items of Grant-related income remaining from 2013 are being carried forward to 2014. These total ($10,000 + $256,000 + $3,728,500) $3,994,500. These are not new monies – rather they monies budgeted but not received in 2013. ii. Sale of Assets Lot 4 was originally purchased through CRF and therefore with the sale, the proceeds also appear in CRF. b. EXPENDITURES i. Elm Road The Town began budgeting for potential mitigation costs for Elm Road in 2013. Initially costs were estimated to be as much as $1,000,000, and the costs were to be budgeted out over 5-6 years, with the early years being $175,000/year. $175,000 was budgeted in 2013, but only $46,795 was spent. An additional $175,000 was budgeted in 2014, but the 2013 balance ($128,205) was not brought forward. The revised 2014 Budget carries the remaining 2013 amount forward, so that there will now be ($175,000 + $128,205) $303,205 available in 2014. Recent work with Stewart Environmental is narrowing cost estimates to the $300-400,000 range, which is a significant improvement from the original estimate of $1,000,000. ii. Parking Structure $228,103 of the $4,660,625 budget was spent in 2013. The remaining $4,432,522 needs to be carried forward into 2014 in order for the Town to be able to accept the above- mentioned grants. The project is currently in design phase. iii. MPEC/Stall Barns $3,418,127 of the MPEC/Stall Barn project was unspent in 2013, and needs to be carried forward into 2014. The project is going well and is currently under budget. iv. Transportation Hub Irrigation Originally budgeted at $150,000, the project was subsequently reduced to $135,000. $25,458 remains unspent, and the amount is needed to finish the project. v. Street improvement Program (STIP) In recent years, it has been practice to dedicate $435,00 in expenditures towards STIP. In 2013, $336,528 of the STIP balance was unspent, and is being brought forward into 2014, bringing the current year STIP allocation to ($435,000 + $336,528) $771,528. The CRF fund balance is projected to be drawn down to $1,521,654 by the end of 2014, of which $200,000 is set aside for the proposed Museum Storage Facility. The attached Resolution #11-14 requests a restated total expenditure amount of $9,872,014 for the CRF. These funds will come from a combination of fund balance (unappropriated surplus), sale of asset proceeds, and untapped grant monies. Advantages: The advantage to approving Resolution #11-14 is that budgeted projects may continue without interruption. Disadvantages: Staff sees no material disadvantages to approving Resolution #11-14. Procurement policies must still be followed (involving Board approval beyond certain expenditure levels), and budget approval does not necessarily guarantee that a project can or will come to fruition. Staff Recommendation: Staff recommends adopting Resolution #11-14 for supplemental appropriation for the 2014 Community Reinvestment Fund Budget. Sample Motion: I move to approve/deny Resolution #11-14, which adopts the supplemental appropriations for the 2014 Community Reinvestment Fund Budget. RESOLUTION NO. #11-14 A RESOLUTION APPROPRIATING SUPPLEMENTAL SUMS OF MONEY TO FUNDS AND SPENDING AGENCIES IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW FOR THE TOWN OF ESTES PARK, COORADO, FOR THE BUDGETING YEAR BEGINNING JANUARY 1, 2014 AND ENDING DECEMBER 31, 2014. WHEREAS, the Board of Trustees of the Town of Estes Park has adopted the 2014 annual budget in accordance with the Local Government Budget Law on December 10, 2013; and WHEREAS, revised appropriations from the following fund in the following amount is necessary: 1. $9,872,014 from the combination of 1) unappropriated surplus and 2) additional revenues of the Community Reinvestment Fund WHEREAS, it is not only required by law, but also necessary to appropriate the surpluses provided in the budget from the fund listed above, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THAT: That the above amount is hereby appropriated from the unappropriated surplus and additional revenues of the Community Reinvestment Fund. ADOPTED this 13th day of May, 2014. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk 5/9/2014 ABCDEF 14 BUD BK O Budget Revised Budget (05/09/14) Budget Revised Budget 2012 2013 2013 YTD 2013 2014 2014 Inflows Beginning Fund balance $2,542,157 $2,350,665 $2,851,440 $2,851,440 $377,869 $4,825,992 Transfer from General Fund 900,000 800,000 450,000 450,000 800,000 800,000 Transfer from General Fund (STIP) 435,000 435,000 435,000 435,000 435,000 Transfer from GF (25%) 346,789 Transfer for PW/Utility Office remodel 100,000 Grant income 96,712 330,000 330,000   Fall River Trail (NEPA) 17.2% match   NEPA Study 210,000 195,740 10,000   Transportation Enhancement 256,000 256,000   Parking Structure 3,328,500 3,728,500 3,728,500 COPs ‐ MPEC/Stall Barn 6,075,000 6,075,000 Miscellaneous 599 632 Investment income 12,028 5,000 5,000 (1,439)10,000 10,000 Sale of assets (Lot 4)998,176 Total inflows 1,009,339 5,015,289 11,159,500 7,154,933 1,575,000 6,567,676 Personnel 21,561 Legal/engineering/other 9,422 20,662 8,103 5,000 5,000 Flap Grant assistance costs 40,000 Transportation enhancement grant 8,812 Weist retaining wall 71,644 Bond Park ‐ Master Plan 14,620 Federal ‐ CMAQ/FASTER 90,012 2012 Projects   NEPA study 133,575 58,304 55,290   Stall Barn Master Plan 163,201 24,974 18,981   Police Dept remodel 131,095 7,700 75   MPEC proforma 27,000 23,000 23,000   Comp Plan ‐ Museum/Sr Ctr 491 88,509 86,500   Fairgrounds sewer/site work 23,963 346,132 264,479   Bond Park/MacGregor Ave Ret/Set 47,803   CVB ‐ column repair 2,260 20,149 20,149 2013 Projects   Transportation Enhancement Grant 350,954 343,924   Elm Road landfill mitigation 2,400 175,000 175,000 46,795 175,000 175,000       Balance from 2013 128,205   Parking structure 4,460,000 4,660,625 228,103       Balance from 2013 4,432,522   MPEC/Stall Barn project     Construction 7,150,000 3,731,873       Balance from 2013 3,418,127     Costs of issuance 71,118 70,518     COPS note payment 74,221 74,221 517,623 517,623   Performance Park Overlay 20,000   Bleachers replacement per CIRSA 42,000 42,000 42,830   Permanent fence around Birch Ruins 18,000   Transportation Hub irrigation 150,000 135,000 109,542       Balance from 2013 25,458   PW/Utility Office remodel 100,000   Street Improvement Program (STIP) 435,000 344,723 8,195 435,000 435,000       Balance from 2013 STIP 336,528 2014 Projects     Fall River Trail (NEPA) 17.2% match 398,551 398,551 Total 700,056 5,400,000 13,633,071 5,180,381 1,531,174 9,872,014 Net change 309,283 (384,711) (2,473,571)1,974,552 43,826 (3,304,338) Fund Balance $2,851,440 $1,965,954 $377,869 $4,825,992 $421,695 $1,521,654   reserved for Museum Storage facility 0 200,000 200,000 200,000 200,000 200,000   2013 remainders:     Elm Road 0 0 0 128,205 0 0     MPEC/Stall Barns 0 0 0 3,418,127 0 0     Tranportation Hub irrigation 0 0 0 25,458 0 0     Street improvement Program (STIP) 0 0 0 336,528 0 0 Available Fund Balance $2,851,440 $1,765,954 $177,869 $743,132 $221,695 $1,321,654 Community Reinvestment Fund Special Revenue Fund, #204 Town of Estes Park ‐ 2014 Budget Purpose: * The Community Reinvestment Fund provides funds for General Fund, Special Revenue Fund and Internal Service Fund capital projects.  Funding comes  from the General Fund, Grants and TABOR excesses (voter approval in 2000) when applicable. 14 BDGT BOOK Community Services Memo To: Honorable Mayor Pinkham Town Board of Trustees Administrator Lancaster From: Bo Winslow, Community Services Director Date: May 13, 2014 RE: New Event in Bond Park – Arapaho Celebration Objective: To have new event reviewed by Town Board and approve to conduct. Event date is August 8, 2014. Present Situation: Per Town Policy all new events in Bond Park need to be approved by Town Board. Proposal: Celebrate the 100th Anniversary of the 1914 Oliver Toll/Arapaho Expedition. In 1914 the Colorado Mountain Club (C.M.C), hoping to persuade Congress to support the establishment of a national park in the Estes Valley-Grand Lake area, arranged for Arapaho elders from the Wind River Reservation (Arapaho/Cheyenne) to provide Arapaho names for local landmarks they remembered in their childhood. Harriet Vaille and Edna Hendrie from the C.M.C. organized the project traveling to the reservation to interview Arapaho and coordinating their travel arrangements to Estes Park. Harriet Vaille selected her younger cousin, Oliver Toll, to act as the ethnographer for the trip. Oliver Toll, along with Shep Husted, local guide, began the two week pack trip on July 16, 1914 along with three members of the Arapaho tribe: Tom Cripsen, Gun Griswold and Sherman Sage. Traveling throughout the Estes Valley, mountains and Grand Lake, Oliver Toll carefully recorded their journey along with stories and names the Arapaho provided. Besides naming several of the area’s peaks, the Arapaho meet many residents as well including Peter Hondius. Oliver Toll organized his notes and produced a small book titled Arapaho Names and Trails which continues to be sold in the park’s bookstores. Since 2003, the Arapaho have been on several educational trips to Rocky Mountain National Park with students, teacher and elders from the Wind River Reservation and Arapaho High School, primarily learning about the 1914 route of their ancestors and teach their youth about Arapaho history and culture. Participants have included several direct decedents of from the 1914 trip including Sherman Sage’s grandson. The Arapaho have requested to Celebrate the 100th Anniversary of the 1914 Expedition in Bond Park in August 2014. The Celebration would include the following: • Stage to show cultural dances and education on each dance to visitors. (Similar to what occurs during Elk Fest, but expanded) • Do a Tee Pee raising to educate people on the history and use of Tee Pees. • Art and Craft venders from the reservation to sell art work and crafts. (Examples would be bead work artists, photographers, original paintings, etc…) • Food is yet to be determined but if included would include an Indian Tacos vendor. The venue, booths, demonstrations are being organized by the same Wind River reservation staff that organize the yearly Arapaho events and booths for Cheyenne Frontier Days in Wyoming. The event in Bond Park would be very similar to their activities for Cheyenne Frontier Days. In addition to the above events, Arapaho Students, Teachers and Elders will also be involved in their yearly Education trip to Rocky Mountain National Park. Each day the park will have a group of Arapaho in the park’s shuttle bus to re-live part of the 1914 journey. A separate Art Show for Arapaho Artist to display their artwork is planned at the Fall River Visitor Center. The primary goal of the Bond Park Event is for the Arapaho to celebrate their heritage and share their culture with the Town of Estes Park Community and for visitors to Estes Park. Advantages:  Support Rocky Mountain National Park in there 100 year celebration.  Educate the community and our guest about the Arapaho.  Provide those that attend an opportunity to purchase authentic Native American items.  Celebrate the Expedition of 1914. Disadvantages:  Could compete with merchandise downtown merchants currently sell however this is true with other events that currently are taking place in the park  This event would require blocking off parking places in the area which could create parking issues however there will only be 40 – 50 vendors allowing Park Lane to be mostly available for parking. Action Recommended by Staff: Staff recommends approval of this event. This is only a 1 year event and will not be back in 2015. Budget: The Town will receive revenues for facility, tent, and stage rental as well as $20 per vendor as a vendor fee. There will be minimal staff time to assist with the event. Level of Public Interest Staff feels as though there will be concern about another new event in Bond Park that competes with local downtown business and causes more congestion. Staff also feels as though this event is a good fit for the type of events that work well in Bond Park and feel as though the educational and historical aspect of this event is an important piece. Sample Committee Recommendation: I recommend approval/denial of the Arapaho Celebration Event in Bond Park on August 8, 2014. Community Services Memo To: Honorable Mayor Pinkham Town Board of Trustees Administrator Lancaster From: Bo Winslow, Community Services Director Date: May 13, 2014 RE: 2014 Farmers Market Road Closure Objective: To receive permission to close roads as identified in Attachment A for the Farmers Market. The market is every Thursday starting June 5 and continues until September 25. The event starts at 7 am and runs until 1 pm. Present Situation: The market is currently at the Fairgrounds. Staff has received several suggestions that the market should be on MacGregor Avenue as it was during the 2013 Flood. Proposal: Staff proposes to move the market from the Fairgrounds to the area surrounding Bond Park. Staff would evaluate the event at the end of the season and bring forward to Town Board a recommendation for future years. There are usually 40-50 vendors that set up at the market and sell consumable goods. These vendors do sell out of their vehicles and will need some vehicles in the area to restock. Advantages:  Market would be downtown close to businesses  Would attract market participants to the downtown area  The market is a good fit for the type of event that the Events Advisory Team is recommending for the area  Minimal competing goods to the downtown area would be sold  Market vendors are excited about the change Disadvantages:  Parking later in the morning will be difficult  Access to the market will be more difficult  There are local market shoppers that may not like the new location Action Recommended by Staff: Staff recommends the market be move to the Bond Park Area. Budget: No change to current budget Level of Public Interest Staff feels with many of the downtown merchants on board with this event the public interest will be high, but most should be positive. Sample Motion: I recommend approval/denial of the road closures around Bond Park, as identified in Attachment A, in order to conduct the Farmers Market. Community Services Memo To: Honorable Mayor Pinkham Town Board of Trustees Town Administrator Lancaster From: Bo Winslow, Community Services Director Date: May 13, 2014 RE: New Event on Elkhorn Avenue – Elkhorn Dash, 1 Miler Objective: To have new event reviewed by Town Board and approve to conduct. Event will be June 28, 2014. Present Situation: Per Town Policy all new events requiring a road closure need to be approved by Town Board. Proposal: The Elkhorn Dash, 1 Miler is a downhill race on Elkhorn Avenue for pure fun and adventure! The intention is to promote Elkhorn Ave and businesses in downtown. The event is for anyone who is willing to run, walk, skip, and push stroller for one mile. We encourage a fast race or a mild walk for others. The course will be a one mile run starting at West Elkhorn Ave and finishing at parking lot at US BANK, East Elkhorn. This straight down Elkhorn Ave will be on north side of street lane, against traffic. Runners will turn into the parking lot to finish. The race is scheduled to start at 8:00am and will be completed by 8:30am. Advantages:  Promote Elkhorn Avenue; businesses and restaurants  Event is geared toward everyone in the community; runners and walkers Disadvantages:  Closure of Elkhorn Ave during high volume time of year and a bust event weekend  Unclear of support from downtown merchants  Potential traffic congestion/Scandinavian Festival is in Bond Park Action Recommended by Staff: Staff recommends the event applicant take into consideration a different time of year to conduct the Elkhorn Dash, 1 Miler or may want to look at starting at 7:30 am. The Event Advisory Team saw no problems with this event. Budget: 6 hours staff time for Public Works and Events Staff. PD will also have officer time involved with the road closure. Level of Public Interest With a larger event already taking place in Bond Park this same weekend, the Scandinavian Midsummer Festival, staff is concerned about the negative impact of the road closure to the community during a high volume time in June. Sample Committee Recommendation: I recommend approval/denial of the Elkhorn Dash, 1 Miler Event on Elkhorn Avenue. 1    TOWN OF ESTES PARK EXECUTIVE SESSION PROCEDURE May 13, 2014 Executive Sessions may only occur during a regular or special meeting of the Town Board. Limited Purposes. Adoption of any proposed policy, position, resolution, or formal action shall not occur at any executive session. Procedure. Prior to the time the Board convenes in executive session, the Mayor shall announce the topic of discussion in the executive session and identify the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, including the specific statutory citation as enumerated below. Prior to entering into an executive session, the Mayor shall state whether or not any formal action and/or discussion shall be taken by the Town Board following the executive session. 1. To discuss purchase, acquisition, lease, transfer or sale of any real, personal, or other property interest - Section 24-6-402(4}(a}, C.RS. 2. For a conference with an attorney for the Board for the purposes of receiving legal advice on specific legal questions - Section 24-6-402(4}(b}, C.RS. 3. For discussion of a matter required to be kept confidential by federal or state law, rule, or regulation - Section 24-6-402(4}(c}, C.RS. 4. For discussion of specialized details of security arrangements or investigations Section 24-6-402(4}(d}, C.RS. 5. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators - Section 24-6-402(4}(e}, C.RS. 6. For discussion of a personnel matter - Section 24-6-402(4}(f}, C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board; the appointment of any person to fill an office of the Town Board; or personnel policies that do not require discussion of matters personal to particular employees. 7. For consideration of any documents protected by the mandatory non- disclosure provision of the Colorado Open Records Act - Section 24-6-402(4}(g}, C.RS. 2    Electronic Recording. A record of the actual contents of the discussion during an executive session shall be made by electronic recording. If electronic recording equipment is not available or malfunctions, written minutes of the executive session shall be taken and kept by the Town Clerk, if present, or if not present, by the Mayor. The electronic recording or minutes, if any, of the executive session must state the specific statutory provision authorizing the executive session. The electronic recording or minutes, if any, of the executive session shall be kept by the Town Clerk unless the Town Clerk was the subject of the executive session or did not participate in the executive session, in which event, the record of the executive session shall be maintained by the Mayor. If written minutes of the executive session are kept, the Mayor shall attest in writing that the written minutes substantially reflect the substance of the discussion during the executive session and such minutes shall be approved by the Board at a subsequent executive session. If, in the opinion of the attorney who is representing the Board, and who is present at the executive session, "all or a portion" of the discussion constitutes attorney-client privileged communications: 1. No record shall be kept of this part of the discussion. 2. If written minutes are taken, the minutes shall contain a signed statement from the attorney attesting that the unrecorded portion of the executive session constituted, in the attorney's opinion, privileged attorney-client communications. The minutes must also include a signed statement from the Mayor attesting that the discussion in the unrecorded portion of the session was confined to the topic or topics for which the executive session is authorized pursuant to the Open Meetings Law. Executive Session Motion Format. Section 24-6-402(4) of the Colorado Revised Statutes requires the specific citation of the statutory provision authorizing the executive session. THEREFORE, I MOVE TO GO INTO EXECUTIVE SESSION: For a conference with the Town Attorney for the purpose of receiving legal advice on specific legal questions under C.RS. Section 24-6-402(4)(b) – Litigation. For the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators under C.RS. Section 24-6-402(4)(e) - Cornerstone Engineering. 3    To discuss the purchase, acquisition, lease, transfer, or sale of real, personal, or other property interest under C.RS. Section 24-6-402(4)(a). For discussion of a personnel matter - Section 24-6-402(4)(f), C.RS. and not involving: any specific employees who have requested discussion of the matter in open session; any member of the Town Board (or body); the appointment of any person to fill an office of the Town Board (or body); or personnel policies that do not require discussion of matters personal to particular employees. For discussion of a matter required to be kept confidential by the following federal or state law, rule or regulation: under C.RS. Section 246-402(4)(c). X For discussion of specialized details of security arrangements or investigations under C.RS. Section 24-6-402(4)(d). For consideration of documents protected by the mandatory nondisclosure provisions of the Open Records Act under C.RS. Section 24-6-402(4)(g). AND THE FOLLOWING ADDITIONAL DETAILS ARE PROVIDED FOR IDENTIFICATION PURPOSES (The Mayor may ask the Town Attorney to provide the details): . The Motion must be adopted by the affirmative vote of two-thirds (2/3) of the quorum present. Retention of Electronic Recording or Minutes. Pursuant to Section 24-6-402(2)(d.5)(II)(E) C.RS., the Town Clerk shall retain the electronic recording or minutes for ninety (90) days. Following the ninety (90) day period, the recording or the minutes shall be destroyed unless during the ninety (90) day period a request for inspection of the record has been made pursuant to Section 24- 72204(5.5) C.RS. If written minutes are taken for an executive session, the minutes shall be approved and/or amended at the next executive session of the Town Board. In the event that the next executive session occurs more than ninety (90) days after the executive session, the minutes shall be maintained until they are approved and/or amended at the next executive session and then immediately destroyed. 4    ANNOUNCEMENT ANNOUNCEMENT SHALL BE MADE BY THE MAYOR AT THE BEGINNING OF THE EXECUTIVE SESSION. MAKE SURE THE ELECTRONIC RECORDER IS TURNED ON; DO NOT TURN IT OFF DURING THE EXECUTIVE SESSION UNLESS SO ADVISED BY THE TOWN ATTORNEY. It is Tuesday, May 13, 2014 , and the time is (state the time) p.m. For the Record, I am Bill Pinkham , the Mayor (or Mayor ProTern) of the Board of Trustees. As required by the Open Meetings Law, this executive session is being electronically recorded. Also present at this executive session are the following person(s): Mayor Pro Tern Koenig. Trustees. John Ericson, Bob Holcomb. Ward Nelson Ron Norris. and John Phipps; and Town Administrator Lancaster, Town Attorney White, Town Clerk Williamson, and Commander Rose. This is an executive session for the following purpose of: For discussion of specialized details of security arrangements under C.RS. Section 24-6-402(4)(d). I caution each participant to confine all discussion to the stated purpose of the executive session, and that no formal action may occur in the executive session. If at any point in the executive session any participant believes that the discussion is outside of the proper scope of the executive session, please interrupt the discussion and make an objection. The close of the executive session is in the Mayor's discretion and does not require a motion for adjournment of the executive session. The Mayor shall close the executive session by stating the time and return to the open meeting. After the return to the open session, the Mayor shall state that the Town Board is in open session and whether or not any formal action and/or discussion shall be taken by the Town Board.