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HomeMy WebLinkAbout2.0 BOCC Staff Report 08.16.2004Exhibits for Rifle SUP Public Hearing held on August 16, 2004. + xb tl {' tck ,8.a' m°��5nm�fr� cc—ss`'� A yry iijh �tS Qe ,sew Hca a e°cm aFey e d.e1:9 'f Sss's s. �° `kr� ss d ""a & c a, ei(.. �fa gds 0. 9 eE � 9 A 3S9 ie k' $33o�s,�' mm<r e+i gy¢e a k Mail Return -Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended. D Garfield County Comprehensive Plan of 2000 E Project Information and Staff Comments F SUP Application G City of Rifle fax with attachments dated 7/18/04 H Fax with attachments from Barry Miller dated 8/6/04 I Fax from Barry Miller dated 8/9/04 J d- -0/- %,r &e6--ii-4ro,nfl, ar- dada 8/2-o� K 6 r,A/tr 'rbn 0n,FE7Rrla.fieQ eMl2A0I L Sift etLyi . M rn't, t{!s%w/ I M N 0 P Q R S T U V X Y Z AA BB CC DD EE FF GG HH II JJ KK LL MM NN 00 PP .war+ C0 O r) 0 z 0 Q P R a z w o 050 E oO Y 2e•d E�a'b9bIac ro d o Y c _, w c u c P fj g CI a ^ N .0 3= d N L s N N. '_ t c of 5. 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E s cb $g6 0 _s om pit� 1`„).1(3,) C9 1t gE��a,e• Ei,'cy,$EE mG�p5p gz7 'Ep KlEa9ii wallI 00a tiVo UV' aC7 d'o fi a :I ,d 5twt5`n gv m .. a 80 s iwi tO mty ��Q. 5SSFWwE 11 28 941~ 9` 'MOST! kg18,46 3 c .fiIN;Fr affis$1aSSAI2c a- Sm101i2-bnigrit ;fi.„1181;itie-ii 791 Wing LT, Z6t85ti60L6=QI 97, WaRg 84115t2 a-eEDI§ r� 42 t.-VRM IMIG • Alddl1S 3I2IL0313 A3'I'IVA Zb: t T ti0-50-80 BOCC 8/16/04 MLB PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for a Special Use Permit to allow a Public Gathering. APPLICANT: City of Rifle LOCATION: The Old UMTRA Mill site, located south of Rifle off of State Highway 6 SITE DATA: 131.36 acres ACCESS: State Highway 6 WATER: City of Rifle SEWER: Portable toilets EXISTING ZONING: Agricultural/Industrial — Drinking Water Constraint Zone I. INTRODUCTION/DESCRIPTION OF THE PROPOSAL: The City is requesting approval of a Special Use Permit for a Public Gathering on the Old UMTRA Mill site, which is a 131.36 acre tract of land . The Public Gathering permit is for Rifle Lion's Club sponsorship of two (2) circus performances by the Carson and Barnes Circus Company on August 17th at 4:30 pm and 7:30 pm. Performances will be in a "Big Top" that is 144' x 350', "stakeline to stakeline", with an actual covered area of 122' x 374'. Staff does not understand the discrepancy between the size of the Big Top and the covered area, but it is written that way on the site plan included in the application. Normal seating is around 2000 people, with a maximum capacity of 2700 people. In addition to the Big Top, there will be a number of smaller exhibitions and rides in the area. The entertainers and staff will stay on site in 16 house trailers. Access to the site will be off of State Highway 6 and then across the Denver & Rio Grande Western Railroad Company (DRGW) tracks. The City has a Public Utilities Commission Order granting them a public crossing at railroad milepost 388.06. The application indicates that the City Police department will be assisting in traffic control. Parking of cars will be on site, but there is no specific location for the parking area on the 1 EXHIBIT a site, since the site plan provided is a generic site plan the circus company provides to people sponsoring their show. Water will be available via a fire hydrant, from the City of Rifle. There is no explanation as to how the water will be transported to or stored on the site. The site plan shows a public restroom area, but there is no information in terms of the size of the facilities. II. GARFIELD COUNTY ZONING RESOLUTION: A Public Gathering is defined as follows in Section 2.02.43 of the Zoning Resolution: 2.02.43 Public Gathering: An activity (including a meeting, assemblage, or gathering of persons) open to members of the public, for which attendance is anticipated to exceed five hundred (500) persons, and which may reasonably be anticipated to interfere with the use and enjoyment of the property of landowners adjacent to the site of the proposed activity, or which may constitute a general nuisance, unless properly regulated, including the place, time and manner in which such activity takes places may be permitted. Section 3.01.03, AlI — Agricultural/Industrial allows a Public Gathering as a Special Use. Section 3.14.03, DWC — Drinking Water Constraint zone, also allows a Public Gathering as a Special Use, provided there will be no ground water consumption. The application indicates that all water will be from the City's water system. Section 5.03 Conditional and Special Uses states: As listed under Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (1) Utilities adequate to provide water and sanitationservice based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; The application indicates that water will be obtained from the City of Rifle, but not how it will be transported from a fire hydrant to and stored on the site. Utilizing the City's water will meet the water requirements for the use and be consistent with the DWC restriction on ground water use. The circus company should be made aware of the potential hazard to humans and animals, if they were to consume any water located on the site. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in 2 (3) place or shall be constructed in conjunction with the proposed use; The identified access is via a DRGW railroad crossing that is signalized and legally available for public access to the site. The application indicates that requests have been made to the County Sheriff, who in turn has verbally indicated that the City Police Department will handle the traffic control issues. Staff has no confirmation of this agreement from the City. City staff and a Lion's Club representative will be meeting on Thursday, 8/12, to further define a number of issues. Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character. The established character of the neighborhood is residential and commercial to the north and industrial and vacant in the rest of the area surrounding the property. In general, the proposed use is separated from any existing land uses that could be impacted by the railroad and State highway. Additionally, the site is slightly lower in elevation from the residential and commercial areas to the north. As such, there should not be any significant change to the character of the neighborhood as result of the proposed temporary use of the property for a circus. Parking is shown on the site plan for the circus layout as being on the same side of the Big Top complex as the entrance to the circus. Since there is no site plan showing exactly where the circus will set up on the 131 ac. site, staff has no way to evaluate the appropriateness of the parking and circus locations in relation to the railroad and other potential hazard areas. Pedestrian access to the site should also be managed by the City Police department and other volunteers, to prevent people from crossing the railroad tracks at any location, other than the signalized crossing. A more specific site and operations plan needs to be provided to and approved by the Board, prior to any final approval of the application. It appears that the applicants are proposing to use the Rifle Fire department for ambulance and fire emergency responses. There is no commitment from the department to provide these services. IV. SUGGESTED FINDINGS: 1. That proper posting and public notice was provided as required for the hearing before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and 3 complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. V. RECOMMENDATION Given the short time between the actual shows and the hearing, and the fact that a local service club will be the beneficiary of the proceeds from the show, Staff recommends APPROVAL of the Special Use Permit for a Public gathering, provided that the Board is satisfied with the information submitted by the City and Lion's club representative regarding public safety issues. At a minimum, the following conditions of approval should be imposed: 1. All representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. The applicant shall provide to the Board a new site plan showing the location of the proposed circus facilities and parking in relation to the highway and railroad tracks. 3. An emergency services plan and highway access control plan will be submitted to the Board for their approval. The emergency services plan will identify how ambulance and fire protection services will be provided on the site. 4. A plan identifying the number of portable toilets to be provided for the shows and the method of transporting water from the City fire hydrant to the site. Additionally, the method of storing domestic water on site will be identified. 4 07-12-04 06:53 VALLEY ELECTRIC SUPPLY GARFIELD COUNTY Building & Planning Department 108 6h Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone; 970.945.8212 Facsimile: www.garfield-county.com ID=9709458192 P.01 970.945.3470 15‘'" i/ i J ou 72) Special Use Permit GENERAL INFORMATION (To be completed by the applicant ) Street Address / General Location of Property k-4- ;4-18/ 7 • Legal Description: • Existing Use & Size of Property in acres: ___I/d&-"-,11.,:.__(1/41_,4 • Description of Special Use Requested:C tc� r Zone District; Ate' } Name of Property Owner (Applicant): _._ e + r y EXHIBIT fi t2 Lt.I f(4.£ £.;WS' CL<<i • Address: Telephone: City: ----- - ,, .... State: Zip Code: ......_.. - FAX: r Name of Owners Representative, if any (Attorney. Planner, etc): • Address: Telephone: Y City: _— State: Zip Code: FAX: STAFF USE ONLY Doc. No.: Date Submitted:_—__— TC Date: Planner: Hearing Date: RECEIVED JUL 1 2 2004 GARFIELD COUNTY BUILDING & PLANNING 07-12-04 06:53 VALLEY ELECTRIC SUPPLY LEASE 10=9709458192 P.02 THIS LEASE, made and entered into this _ day of _, 2004, between THE CITY OF RIFLE, a home -rule municipality, whose address is P.O. Box 1908, Rifle, Colorado 81650 (the "Lessor"), and the RIFLE LIONS CLUB, whose address is and the CARSON & BARNES CIRCUS COMPANY, a , whose address is 100 Campus Center, Seaside, CA 93955 ("Lessees"), WITNESSETH: 1. LEASE OF PROPERTY. In consideration of the sum of One Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor hereby leases unto Lessees the property known as West UMTRA Site (the "Property"). The legal description is attached as Exhibit A and incorporated herein by reference. Attached as Exhibit B and incorporated herein by reference is a general location map of the Property showing the portion of the Property to be used by Lessees and the Access Point referred to in Paragraph 8 below. 2. TERM. The term of this Lease shall commence at a..m.onAugust ,2004 and shall terminate at 11:59 p.m. on August , 2004 3. USE OF PROPERTY. The above described Property shall be used for the purpose of circus perfomlances and related activities, including without limitation, the erection of a "big top" with attendant seating, areas for elephant, camel and pony rides, mechanical "kiddie" rides, animal cages, concession stands and the like. A sketch showing the approximate configuration of the facilities is attached hereto as Exhibit C and incorporated herein by reference. 4. PUBLIC PARKING. Within thirty (30) days from the date hereof, Lessees shall submit to Lessor a schematic plan for public parking for the scheduled circus performances. Within five (5) business days from receipt of such schematic plan, Lessor shall either approve or disapprove such plan; approval shall not be unreasonably withheld. In the event that Lessor does not approve the schematic parking plan, reasons for such disapproval shall be specified, and Lessees shall make appropriate modifications to correct such deficiencies in order to meet with the approval of the Lessor. 5. WATER , TRASH AND PORTABLE RESTROOM SERVICE. Within thirty (30) days from the date hereof, Lessees shall submit to Lessor separate written plans for providing potable water, for trash disposal and removal and for portable restroom facilities for the site for the term of this Lease. Within five (5) business days from receipt of those plans, Lessor shall either approve or disapprove such plans; approval shall not be unreasonably withheld. In the event that Lessor does not approve any or all of the plans, reasons for such disapproval shall be specified, and Lessees shall make appropriate modifications to correct such deficiencies in order to meet with the approval of the Lessor. I VRI'Climt100.,,i3 yvyu`L:M1r, Lew nd 07-12-04 06:54 VALLEY ELECTRIC SUPPLY Lease between City of Rifle, Lessor and Rifle Lions Club, et at, Lessees Page 2 ID=9709458192 P.03 6. EMERGENCY SERVICES. Within thirty (30) days from the date hereof, Lessees shall submit to Lessor a written plan for fire and other emergency prevention and evacuation, should the need arise. Within five (5) business days from receipt of such written plan, Lessor shall either approve or disapprove such plan; approval shall not be unreasonably withheld. In the event that Lessor does not approve the fire and emergency prevention and evacuation plan, reasons for such disapproval shall be specified, and Lessees shall make appropriate modifications to correct such deficiencies in order to meet with the approval of the Lessor. Lessees specifically agree that they shall keep the grass, within the portion of the Property used by Lessees, mowed to a short length in order to minimize the danger of fire. Lessees shall provide Lessor with cell telephone numbers for Lessees' representatives to be used by Lessor in the event of an emergency. 7. ALCOHOLIC BEVERAGES. Lessees shall not serve or provide, or permit service or provision by third parties, of alcoholic beverages of any kind. Lessees specifically agree that they shall use their best efforts to prohibit any person, circus patrons or otherwise, from carrying any alcoholic beverages onto the Property during the term of this Lease. 8. RAILROAD CROSSING. The parties hereto acknowledge that access to the property requires that vehicles and pedestrians cross heavily utilized high speed railroad tracks. Lessees shall provide personnel on both sides of the track to be used as flaggers to ensure that vehicle and pedestrian traffic traverses the railroad tracks safely. Such flaggers shall be present at all times during the Lease term. Lessees shall be solely responsible for compliance with the terms and conditions of the PUC Railroad Crossing Permit attached as Exhibit D and incorporated herein by reference. 9. SUBLETTING AND ASSIGNMENT. Lessees may not assign this Lease or sublet any part of the Property. 10. SECURITY BOND. Lessees shall provide Lessor with a bond, in an amount and with a surety acceptable to Lessor, guaranteeing that the property will be thoroughly cleaned after the scheduled performances and prior to the termination of this Lease, and restored to approximately the same condition as it was upon Lessees' taking possession under this Lease. 11. COUNTY APPROVAL. The parties acknowledge that the Property is situate in unincorporated Garfield County. Lessees specifically agree that they shall obtain all necessary approvals and permits that may be required by Garfield County and shall submit copies of the same to Lessor not less than ten (10) days prior to the date of commencement of this Lease. 07-12-04 06:54 VALLEY ELECTRIC SUPPLY Lease between City of Rifle, I.essor and Rifle Lions Club, et al., Lessees Page 3 ID=9709458192 P.04 12. INSURANCE. Lessees shall each obtain liability insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence with a insurance carrier acceptable to Lessor. Lessor shall be named as an additional insured on any such policy. 13. INDEMNITY. In addition to the insurance referred to in Paragraph 5 above, Lessees agree to indemnify and hold Lessor harmless from any and all liability to persons or property, of any nature whatsoever, arising out of Lessee's use of the Property. 14. MISCELLANEOUS. (a) Modifications. Modifications or amendments to this Lease shall be effective only if made in writing and executed by the parties. (b) Controlling Law. This Lease is made in accordance with and shall be interpreted undcr the laws of the State of Colorado. (c) Counterparts. This Lease may be executed in counterparts and all such counterparts, when taken together, shall constitute the executed agreement of the parties and this Lease. (d) Binding Effect. Subject to the provisions hereof, this Lease, when fully executed, shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the parties. (e) Integration. This Lease contains all of the agreements and representations between the parties. (f) Venue. In the event of any action brought pursuant to this Lease, venue shall be in the Garfield County, Colorado District Court. (g) Authority. Each patty executing this Lease represents and warrants that he or she has the authority to bind the party for whom they are signing to the terms and conditions of this Lease. 07-12-04 06:55 VALLEY ELECTRIC SUPPLY Lease between City of Rifle, Lessor and Rifle Lions Club, et al., Lessees Page 4 ID=9709458192 P.05 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF COLORADO COUNTY OF GARFIELD ) ) ss: ) LESSOR' City of Rifle By LESSEES: Rifle Lion By L VYicP,�✓ Carson & Barnes Circus Company By Subscribed and swom to before me this _ day of , , 2004, by as df the City ofRifle, Lessor. My commission expires: STATE OF COLORADO COUNTY OF GARFIELD ) SS: ) Notary Public Subscribed and sworn to before me this ct+k day of CTu I 2004, by ) IItc as Serra{„ri o f the Rifle Lions Club, Lessee. My commission expires: ()c{c.,6er if, 0,c1S-- WOUCEstaiMIA.MarnmaICAWAWWit . Notaar)J 'ublic 07-12-04 06:55 VALLEY ELECTRIC SUPPLY Lease between City of Ritle, Lessor and Rifle Lions Club, et at, Lessees Page 5 STATE OF COUNTY OF ) ss: ID=9709458192 P.06 Subscribed and sworn to before me this day of , 2004, by as of Carson & Bames Circus Company, Lessee. My commission expires: Notary Public 07-12-04 06:56 VALLEY ELECTRIC SUPPLY 18=9709458192 P.08 Hn 1 S r 1 O • 901 1 A 4 amaAO2 1 Iamafez ama1GS 4 a 1. m 11-2 nA m Z 6IRS1260L6=QI A9ddl1S MOMMII 4 err 6) 011110312 A2'IgVA SIMS v A z m N h 9S:90 b0 -31-L0 VED 07/13/04 /3:44 FAX 970 625 3210 CITY OF RIFLE 4 001 City of Rifle a EXHIBIT 202 Railroad Avenue • P.O. Box 1908 • Rifle, Colorado 81650 - (970) 625-212,1 - Fax (970) 625-3210 DATE: FAX COVER SHEET PLEASE DELIVER TO: Name: Way Aap Fax #: 3g 11"--2470 Q FROM: TIME: PHONE NUMBER: 1970) 625- J, Q31 j MESSAGE: FAX #: (970) 625-3210 CITY OF RIFLE FACTS: 'MOUNTAIN CLIMBING AND CAMPING AT RIFLE MOUNTAIN PARK 'BOATAND FISH AT RIFLE GAP RESERVOIR *MOUNTAIN BIKING *GOLF comutuw RECEI Visit the City of Rifle's website at www.RifleCo.org JUL 1 3.2004 GARIFFIELD COUNTY BUILDING& PLANNING 07/13/04 13:45 FAX 970 825 3210 CITY OF RIFLE CITY of RIFLE W1002 202. RAILROAD. AVENUE • P:O. BOX 1908 • RIFLE, COLORADO'B1650(970)625-2121 • FAX (970)625-3210 Ed .Green, Garfield County Manager: Mark Bean, Garfield County Planner Iona Hier FROM:. DATE: July 13, 2004 RE: Lions_C1ub.use of West UMTRA Site for the Circus On May I9'", 2004; the Rifle City Connell approved the useof the West Rifle' UMTRA site for a circus sponsored by the Rifle Lions Club. The City of.Rifle warrants that itholds-title to this site and has approved the proposed use. Additionally the City of Rifle has obtained authority toestablish a public crossing at the proposed entrance to the site; a copy of the Colorado Utility Commission order on this niattei.is attached., •Sincerely, John Hier . City •Matiager 07/13/04 13:45 FAX 970 625 3210CITY OF RIFLE 1 uuu nu) tin nil )u1 iiiif 11111111 ill uui'iill 1111 834951 08/26/2003 12!38► 11510 P377 N ALSCGAF . , 1 of 6 R 31.00 0 0.08 GRRFIELD COUNTY CO - WA O -T 1. On March 29, 1996, the City of Rifle, Colorado IYV. OYI f003 __ JUN 0 5 2003 Decision No. C96-1097 BEFORE THE PUBLIC WTILITIAS COMMISSION OF TBE STATS OF COLORADO * • * 1N THE METPER OF TEE APPLICATION,) THE CITY OF RIFLE, COLORADO AND ) THE COLORADO DEPARTMENT OF PUBLIC) ERALTH AND ENVIRONMENT REQUEST ) THE CHANGE FROM PRIVATE TO PUBLIC) CROSSING AND TBR.PRESBEVATXON•OF ) TER.EXISTINO TRAM ACTIVATED CROSSBUCLE, MKS, AND MARKImns ) FOR TES CROSSING OF THE SOUTHERN ) PACIFIC RAILROAD WEST OP RIBLH ) OFF OF COLORADO 6 AND 24 AND ) =IMFIE D AS MILE POINT 388.06/ ) DOT 253579X. ) DOCKET NO. 96A -132R COPatISSION O&»ER ORAfIna APPLICATION . - - . Nalledi October 16,'1996 Mopted: October 16, 1996 itinagarn A. Statement: cr (t` ('Rifle"), and tha Colorado Department of Public Health Ona Environment ("COPES"), filed the application for authority to establish a public grossing across the mainline tracks of the Denver & Ri0 Grande Western Railroad Company MEM") and Southern Pacific Traaeportation Company ("SP"), at the location of an exintiag.private grade crossing at railroad milepost 388.06, National.Tnveatory I.D. No.'253-5798, and to retain the existing the grade crossing warning devices consisting of train activated flashing lights with gates and bell thereat, in the City of Rifle, Garfield County, Colorado.1/ a n� a` EXHIBIT I U 07/13/04 13:45 FAX 970 625 3210 CITY OF RIFLE 111111111111111111111111111111111111111 III 1111111111111 834051 00/20/2ee3 12t30P 91510 P570 M AL6DORF 2 bf 6 R 91.00 D 0.00 OARFIELD COUNTY 00 'v. un i, 11004 '2.• .On•April 10,'1996, the Staff of the Commission filed iti ntry cf Appearance;.and Notio0 Of -Intervention; . 3. . /he -Cammisai4n gave notice of the 'application, together with,a copy of the application, to all interested parties including the adjacent property owners in accordance with $ 40-6-108(2), C.R.S. The Notice was mailed April 18, 1996. 4. On May.10, 1996, the Commission received a letter from MCI (a utility company at the crossing location) which indicated no conflict with their utilities. 5. On May 20, 1996 the Commission received a letter. from the Colorado Department of Transportation expressing no objection'to thienappiitatione: fl: ,:.. 6 „'•Ca:May-K31;:•1996-37RC1f-.and-$8-.f£Ied its.•Sntry_of Appearance and Notiee:>oc. Intervention 7. The Commission will determine thio matter upon the record, without a formal hearing under S 40-6-109(5), C.R.S., and Rule 24, Commission Rules of Practice and Procedure, 4 Code of Colorado Regulations ("CCR") 723-1, because the application is noneontested, and the Applicant..did not request a -public hearing. Pinnding6 of Pact 8. Rifle and COMB are duly authorised to own and operate the property accessed by the crossing for public use as per Public Law 95-604. The law allows the state to purchase the private land used as a urtaidm.mill Site 'and -donate -it for public ownership end'_utit ':The:state of.Colorido currently owa' the.land accessed through this crossing and is in the process of donating 2 07/13/04 13:46 FAX 970 625 3210 CITY OF RIFLE 111111111111 ilidi 111111111 Ilia 1111111 iu nuiiid 1111 • 614861 08/20/2083 12:28P 61810 P571 M RLSDDRF .3 of 8 R 31,00 D 0.08 ORRPIELD COUNTY CO 7 r.4°V the land to.the City.of Rifle Lor. perpetual. pub]4c use, through parks, golf coursesy:.pr,oth rvuees,• .nis-.etq¢sing:will•be the only_ access.:by... the public to' the property,;•.g:nd..;is .critical for the planning and use of that property. 9. There presently exists a private railroad highway . grade crossing across the mainline tracks of the DRGW and SP, at railroad milepost 388.06, National Inventory I.D. No..,253-579X, that is equipped with existing the grade crossing warming devices consisting of train activated. flaehing lights with gated and bell, in Garfield County,. Colorado. •10. Notice of the,propoeed designation of a public grade crossing and retention of the grade.;eroeftingviming .dev,Lcee::hee been•gjven^by the:Canmiseion-tapli,intereeted.p ieee including • the adjacent property owners, .,: NQ: ri4tgrventl,on;. was : •receive ..in opposition to this application, ' 11. The crossing exists south of Highway 6 .and 24, approximately one mile west of Rifle, Colorado. The crossing is within Garfield.County although the City will annex the property. .The roadway is a 35 -.foot wide paved road that:crosses the DRAW and SP mainline track at an angle of approximately 90 degrees. The crossing was upgraded to its current status due to the environmental remedial action performed on the accessed property to the south of the railroad. track. The upgrade was designed to handle the large.,.bel.lydump• truckstrailers,. two-way,. traffio,;.with. a truckccronaing«approximately.every_tvo mingtes foretaout-2a.houre a..day. The crossing design should therefore be: adequate for future 3 07/13/04 13:46 FAX 025 9210 CITYU OF RIFLE . �,..urnvniu 1111111 11111 111111 11111111 a nm11111110 111111111111111111 1111 • 834861 08/26/2003 12 ISP 01810 P980 M ALSDORP 4 of 0 R 31.01 D 0.00 ORRFILO COUNTY CO NU. b91�,/'Y�j08 public use on a much smaller scale. . -The :roadway iintersocts with•.state Highway 6, aril 24• in a "tee" intersection on the -north sidb•ot•the icroseiag, State Highway 6 and„ 24, west of Rifle, is a two lane, asphalt paved roadway, 44 feet wide with a vehicle speed of SS miles per hour. A 10 feet wide deceleration right turn entry lane and eastbound acceleration lane is along the southern 1/4 of the road. An 11 feet wide left turn entry lane and westbound acceleration lace ie in the middle 1/a of the road. Separate eastbound and westbound through traffic lanes complete the width of the road. 13. An average of 20 through train operations affect the crossing :daily,...with a.traia:_speed limit° of . 60 miles per hour for freight and -70 miles per hour for Amtrak. 14. MainteTiaace of -the roadway:appraachee•:on the:north side of the crossing will be the responsibility of the Colorado. Department of Transportation and the roadway approaches on the south side of the crossing will be the responsibility of Rifle. Maintenance of the crossing surface, roadbed; tracks, grade crossing signals, gates, and appurtenances - will -be the responsibility of maw and SP, 15. The Rifle and CMS, pursuant to 6 40-6-109.5, (3), waived the time limits set forth in S 40-6109.5(1) and (2) for this proceeding: •- : 16..:. A11 -exhibits,. specifications andcplane are complete, accurate, and meet Commission requirementsa .. . 4 07/13/04 13:48 FAX 970 625 9210 ,CITY„OF RIFLE ' 111111i uul 111111 HE ii1111111`nlliti ui 111111►u 11111 534131 88/26/2002 12:30F 81510 F561 M ALRDCRF 5.ef 8 R- 31.00 D 3.00 DRRFIELD COUNTY CO nu. Ovl Y. IIb7 7 17. The public safety, convenience. and necessity require, -and: will-be—served by,•,t .convenience. of :this application; :C. Conclusions ,oa ,Pindittga. Of Batt. 10. The Commission has jurisdiction in this matter under 5 40-4-106(2)(.) and,(3)(a), C.R.S. 19. No intervention was received in opposition to this application. The application is ttonoontested and unopposed. 20. The Commission will determine this matter on the record, without a formal hearing under 5 40-6-109(5), C.R.6., and Rule 24, Commission Rule of Practice aurid Procedure, 4 CCR 723-1. 21. The public safety, convenience and necessity require, and will be .served:by, .tbe..granting of..thig_ application... II. OUR: ••,. ...a• ! . Thei_Cammsission priers Thati 1. The City of Rifle, Colorado., . and • the •Colorado Department of Public Health and Environm®nt, are granted authority to establish a public crossing across the mainline tracks .of the Deaver & Rio Grande Western Railroad Cappany and.southern Pacific Transportation Company, at the location of as existing private grade crossing at railroad milepost 388.06, National Inventory I.D. No. 253-5798, in Garfield County, Colorado. 2. The grade crossing warning devices consisting of train activated flashing lights with gates and bell presently in place_ at the .grade crossing authorized, in .Ordering Paragraph 1 above shall be retained, --.A.,..., 07/13/04 13:47 FAX 970 025 3210 _ CI•TYOF RIFLE 11111111111111111111111112111-111111111111111111111 . 034n2- 09/2012003 ALSOORF 8 of 0 R 31.00 D 0.00 GARFIELD COUNTY CO Southern crossing crossing required 8. C. P.0 000 3. The Denver & Rio Grande Western Railroad Company and Pacific Transportation Company shall maintain the grade warning devices at *their own expense for the life of the so protected. 4. The Commission retains jurisdiction to enter further orders. This Order is effective on its Mailed Date. ADOPTED IN OBEN 1osTING October 16, 1896. •411A L) ATTEST: A TRDE COPY A, A • Bruce N. Smith Director OAMEM6MITALOURECEIVED THE PUBLIC UTILITIES COMMISSION OF Mt STATE OF COLORADO ROBERT J. HIX VINCENT MA,TKOWSKI R. BRENT ALDERFER SEP 1 U 2003 6 LEAVENWORTH & KARPP PC, Commissioner's 410.9W, 01. a4 Ci4lt (os19o? 6i4(ei Cie 8ucc0 @8-06-04 11:36 VALLEY ELECTRIC SUPPLY ID=9709458192 ?ico (oar ' (2'( 3c) e 4-44 G4er E c0 A ---r r/U /'!� o¢,erc b c- .k) TovIA RqCI AUG 0 6 200¢ qrFI BUl t©ING4 NNN �LD G G 3A4iZ (ULA ( L£ (0 S P.01 EXHIBIT 08-06-04 11:36 VALLEY ELECTRIC SUPPLY ID=9709458192 P.02 FAX COVER SHEET Carson & Barnes Circus / Miller Equipment Co. P.O. Box J Hugo, Oklahoma 74743- 680-326-2233 580-326-7466 Fax SENDM From Dula Orals Commillymen* Attention —• - 3 a f C 4 ritlier Dere ti-a5—o4 Ofeee locenen Office exellon Hugo, oidarborna Fax number 990 - C1 LI 6— 50q.D. Peon* Rimier' Y80.324.2233 0 Urgent [1 Roply ASAP Piss comment nem ~kw 0 For your Wannirtitin Toto pages, including ewer COMMENTS 06-25-04 12:29 RECEIVED FROM:5883267466 P.01 O8-06-04 11:36 VALLEY ELECTRIC SUPPLY 1D=9709458192 P•03 • /��i4�1ZI�s !._... — PROOI,CEN •- RICHARD A. BgOOKS AND ASSOCIATES, LTD. 1338 PARK AVE. DATE IMWOONYI 06-25-03 IBSUED A6 A INFORMATION ONLY AND CONFERS NO RIONTS UPON TME CERTIFICATE XOLDER, THIS CERTIFICATE ODES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED .F1Y THE POLICIES BELOW. RIVER FOREST, IL. 60305 COMPANIES AFFORDING COVERAGE 708 771 3553 COMPANY A AIO INSURANCE COMPANY ,NNIRLP COMPANY B CARSON AND BARNES CIRCUS COMPANY. INC P.O. BOX J COMPANY C HUGO, OK 74743 ''.:::./f. O'' L ? .115i1 ll Vi;l, 1 , � � ;::411 I I ,. THIS IS TOC.•T PIEPEL1 IES OFINEUHA ELL E• •T` INDICATED, NOT WITHSTANDING ANY REOUIREMENT, TERM OR CONDITION CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOROEO EKCLIIRIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MM HAVE COMPANY D - - -FI•IN RED NAM 3' A - A' PELICY PERIOD OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AL L THE TERMS. SEEN REOUCE0 BY PAID CLAIMS, '70 LTR TYPE OF INSURANCE POLICY NUMBER p{I0Y lffECTNe DAR IMMAMNYY) Ataxy ExPlgArpN DATE IMMJeIwYI LIMITS OENERAl LIABILITY GENERAL AGGREGATE 3 2,000.000, A X COMMERCIAL GENERALLABIUT' SLGL2828364-04 12-31-03 12.31.04 PpfquCTS- COMP/OPAOc E 2,000,000. CLAMS MADE rig OCCUR PERSONAL&ACV WW1? $ 1.000,000. OWNERS & CONTRACTORS PROT EACNOCCURAENCE $ 1 000000._ — FRE DAMAGE IN,y one *no $ MIAEKP (My 1 w PP+ At/TWADDLE UMBIITY ANY AJTC COMBINED SINGLE UM'T E ^—y. f ALL OYMED AUTOS CN --yl STOULEG AUTOS @OpILTw RT (P 1 - i _ IIIREDAIROS B�,A Y NON.CVMED AUTOS AN + _� PROPERTY OAWOE y QA11ACE mousy AUTO ONLY • EAACGIOENT S ,1 ANYAUTO OTHER 'IRAN AUTD OM.Y EACHACCIDENT F S 1 AGGREGATE LIABILITY EACH OCCURRENCE S .. _EXCESS FORM AGGREGATE S . .`1UMBRELLA WNER TWIN IIVmPELIA PORN E WORKER'S COMTI:HSAnON ANC STATUTORY LIMITS FMPLOYERY LIABILITY EACH ACCIDENT— E THE Pncpf,FTOR/ BILL DISEASE- POLICY LIMIT S PAN TNEAS6xbcurrar DPFICERS ARC UM GREASE -EACH EWUJYLE 1 OTHER SHOW DATES: [ 08/17/2004 LOCATION: Rifle CO -- OESCRIPYION OF OPESATIONLLOCAfONENEHICLELWECM4 ITEMS ADDITIONAL INSURED IN REGARD TO THE OPERATIONS OF THE NAMED INSURED: THE CITY OF RIFLE, CO.AND 7181 RIFLE LIONS CL1JR, ,.�...—IILII, :�,;jilI+1119-':.1 Lion] Club PO Box 764 ILIR CO 81650 I .•. k n- AG.Is1„11, iTi ,L'.�.ii I i !;” A 1411. AIl:1 DWD ANTOF TN! ABOVE DBACRIBED POLICIES BC CANCELLED DEPORE DIE memo EXPMSON DATE THEREOF, THE 'ISDN° COMPANY WILL ENDEAVOR' TO MAI'- WOATS WRITTEN mance 10 TN! CFIRRICATE MOLDER NAMED TO TR LEFT. SIT FAILURE 10 NAIL {DCN NOTICE SHALL IMPOAF NO ODMOATIUN OR MASILIIT OF AMY MND UPON P11 COMPANY, Rs AO (ply OR REPRESENTATIVES. A /- ' !LIME VE '/,/L�- 1 - .i 11 ,I Qft.t1r'-1 c.:.I.�i ..Lf.'-thz.ira` 0625-04 12:30 RECEIVED FROMI5803287466 P.92 OB- 0fi-04 11:37 VALLEY ELECTRIC SUPPLY Luse between City of R fle, Lessor and Rifle Lions Club, el al, Lessem Paye 4 1D=9709458192 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. STATE OF COLORADO COUNTY OF GARFIEI.D by LESSOR; City of Rifle By Leaser*: Rifle Lions Club By Carson & Barnes Circus Company BY 208x ) ss: Subscribed and sworn to before me this ' day of 20D4, as of the City ofRiAe, Lessor. My commission expires: STATE OF COLORADO COUNTY OF GARFIRLD } SS: Notary Public Subscribed and sworn to before me this day of 2004. by at of the Rifle Lions Club, Lessee. My oorrunission expires! 06-25-04 12:31 Notary Public RECEIVED FROM:5503267465 p.83 P. GS -06-04 11:37 VALLEY ELECTRIC SUPPLY 06-25-04 11:57 VALLEY ELECTRIC SUPPLY Lease benween City ofRitle, Lessor and Rifle Lions Club, et at„ Lessees Page 5 ID=9709458192 P.05 1D.97S94501'J4 e.B6 STATE OFe_, ) /fes ,.,,,_ ) SS: COUNTY OF es ) bySubs_®nbed �d sw rn 10 before me this day of 2004 as of Carson & Barnes Circus Company, Lessee. My commission expires: 0,-.23-06 - fit( /O/ 0200/3)2' •1:1111. n1 •..,,..eares.L No�bliin f - 06-25-04 12:31 RECEIVED FROM:5803267465 P•04 08-06-04 11:37 VALLEY ELECTRIC SUPPLY ID=9709458192 The International Association or Lions LAUDS (Lions Clubs Intemalionai ® ) 300 W 22nd Street,Oak Brook, Illinois 60523-8842, USA (630) 571-5466 7/21/2004 Barry Miller Rifle Lions Club 3208 Coal Mine Avenue Rifle CO 81650 Dear Lion Miller: Enclosed is a certificate of insurance in connection with your club's upcoming event. Please check it over for any omissions or errors. P.06 We Serve We have also enclosed for your convenience an application form to be used when you are again in need of a certificate of insurance. If we can be of any further assistance please let us know. Very truly yours /,.3(J,Y�Je.�J Rita Bianco Legal Division Enclosures cc: T. J. Adams and Associates Inc. 08-06-04 11:38 VALLEY ELECTRIC SUPPLY ID=9709458192 P. 07 ACORDCE)RTIFICATE OF LIABILITY INSURANCE 7ni ....4am This CFCTfXYA1E IS $$L I PC.RS • MA�80F Nf'ORMAT L PRODUCER (BsU)324 2000 FA. (n341241-2501 T.J. Adams Group. LLC P ^33 E. Butterfield Rd., Suite 500 - ON YAOsiOJflRSNO RIGt11SUPONIHECERR LATE HOLDER THE CERTFICATE DOES tNO•TAME DEXTENDOR AITsxn-Cm.PERLr nF 11AP RWELON, umbard, IL 60148 NS1RERSAFFCEDNG Rsuno muRERA ACE American Irssuran s Carver!' mucosa Rifle Lions Club INSUFERC Colorado NSLRFRD PNURER E' COVERAGES THE POLIO S OF INSUPW)CE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAMED ABOVE FOR THE POLIOY PERDIUIED. NO STANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIN RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAYPERTAN THE t4SURANCEAFFOTCEDBYTHE POLCES De aw HEREIN SSUEUECTTOPILTHE TERMS EXCLUSIONS ANDCONDR101.5OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR TYi'EOFPBiWiCE R7.CYMF,�tfrastchNIERPFA UMTS GENERAL LIABILITY' EACH OCCURRENCE E 1,000.000 X COWARIOALGEMERALU BUN FRE OPANGE(AMortn) 1 1.000.000 1 GENUS MADE © R MEDD.. DYNLFODRsm) $ 1.000 A FDDT'17319136 09/011003 09012004 PEAGOHWA'DV KAIRY .s 1000.000 -- OENERALACGREGATE $ 2.000.000 GERIAGGREGATE PSPER. UMRAP1 PRODUCTS - COMPICPAGG $ 2.000.000 7 POLICY E )PROJECT'rJ LOC AUTOMOBILE LIABILITY ANY URO pNENEDseflELAN Pe PPOBeT i IndLJdndin AbfNe. — ALL OWNED AUTOS SCHEDLREDAUTOS 1-100G173198309012003 09012004 BODILY INJURY par pawn) S A X X NREDN.ROS NONOV.NEDAlTOS (WED AUTOSNOTCCW J SOORY NU(MY LPN eNSPMq s PROPEREY DAMAGE LIABILITY AUTO ONLY• EA ACCIDENT $ GAAAOE ANY AUTO BCITOCILIEREO MERMAN EAACC 1 r ALROOrLY: A03 S EXCESS LIABILITY EACHCCCARRFHCE 1 ODOUR ❑ RNMSMa AGGREGATE S NOTCOVEREI s DEDUCTIBLE $ ~ RE TENT J$ 1 WORKERS COMPENSATION AND 1 TDw gas I I anIFR EMPLOYERS' LIABILITY NOT COVERED E L EAOIACCC WT F ELDGFASE-EAEWL[T'E£ 1 EL. DISEASE -POLICY LSAT $ tflCPIPTION OF OPER ATIONSILOCATIONSIVEHICLESIEECLUSIONS ADDEO BY ENDORSEMENTISPECIAL PROVISIONS Provisions of policy apply to the Rifle Lions Club for their presenting the Canon & Barnes Circus on August 17, 2004. City of Rifle, 202 Railroad Avenue, Rifle, Colorado 81650 is an additional lnsured(s), but only as respects liability arising out of use of premise by the Rlfle Lions Club and not out of the sole negligence of said additional Insured. MITWICWIE HOLDER ADDITIONAL INSURED: INSURER LETTER rity of Rifle, .02 Railroad Avenue Rifle, Colorado 81650 $HOLRD MT OF THE MOVE DESCRIBED POLICIES 51 CANCELED BEFORE THE EXPIRATION DATE THEREOF. TME ISSUING COMPANY LULL ENDEAVOR TO MNL DM$ WRITTEN NOTICE TO THE CERTRCATE NOLO!R NAMED TO THE LEFT. BOT FAILURE TO MAN SUCH ROTC! !HALL IMPOSE NO OBLIGATION OR LIABILITY OP AMY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATYES. AUTNnRHEDMPRGEM J11 / OCCODOORPCRATE N IDPH 08-06-04 11:41 VALLEY ELECTRIC SUPPLY ID=9709458192 2004 Season Dear Host, The owners and management of Carson & Barnes Circus do not approve of, nor condone animal abuse of any kind. We have a long-standing commitment to the care and well- being of our animals and are continually striving to make improvements in their care. Current animal activist propaganda makes a lot of unsubstantiated, false claims about our circus. Govermental agencies are portrayed as finding fault with our operations. A video is being circulated that purports to represent elephant training at our facility. You must be on guard against these false claims and not let them be repeated in your media outlets, which is the goal ofPeTA and the activists they influence. Please do due diligence yourself and encourage your local media to check things out to ensure correct reporting. Contraryto activist claims, according -to theUSDA we have never been charged with violatingthe'Animal Welfare Act. Nor -does the USDA cite -us repeatedly. Confirm this yourself by contacting the USDA's -public spokesperson, Jim Rogers, at 202.690.4755. The inflammatory video — was investigated internally and externally, When it was first presented to us, the audio made us sick. We undertook extensive -internal investigations, The USDA and other outside entities also investigated. No basis was found for any charges, citations or disciplinary action: The whole thing had been fabricated to portray something that never occurred —animal abuse. If animal welfare was truly a concern, why did PeTA wait four years to dump this thing into the media to "notify" us (did it take that long to make it appear to be so vile?) I'm sorry to add this appears.to.be a tactic long employed by PeTA from it's very first fund-raising scheme off.of.the 1.981 staged.Silver.Springs, MD monkey photos to the 1.989-94. Berosini vs. PeTA(based.on.secret.filming.and libelous assertions) which resulted in.a 84.2M judgement against PeTA, to the most recent Portsmouth, VA Humane Society suit, May 2002 against PeTA for causing false criminal charges to be brought due to "undercover videotapes." There is a campaign to disparage our circus and all circuses with animals, soon to be followed by no fishing, and no pets. As soon as activists find out we are coming to your community they might begin an assault. As a local community member you will need to inform yourself and be prepared to take a stand. Do not let the activist agenda be mouthed by your media! Contact us for assistance. Talk to other hosts who have successfully transformed controversy into increased attendance. Plan to see for yourself on circus day, as you observe our animals and talk with their care -givers. Make up your own mind! Carson Re names Circus Management — Plulnotiun & Marketing Office 831.582-4375, General Office .-. 580,326,2233 P.01 GB -06-04 11:41 VALLEY ELECTRIC SUPPLY ID=9709458192 Hosts Who Have Successfully Handled Animal Rights Activist Challenstes And Gone On To Have A Successful Circus Day! Garry Guilloud, (A Veterinarian) Westchase Rotary Club, March 29-30, Day Phone: 713-782-0261, Email: guilloudaeaol.com John Haffner, Coalition of Moraga Service Organization, Oct. 7, 2001 Day Phone: 925-376-7635, Email: John.haffnerarxamerica.com John Hart, Lions Club, July 13-14, 2002 & August 18-19, 2000, Day Phone: 937-767-1180, Email: johnehartir(Thprodiov.net Jim Mead, Owega Kiwanis Club, Aug. 2, 2002, June 18, 2000, July 23, 1998, Aug. 28, 1996 Day Phone: 607-642-5511, Email: jgmead@stny.rr.com Rita Schroeder, Windsor Kiwanis Club, Sept. 28, 2001, Sept. 28, 1997, June 4, 1995, Day Phone: 707-838-9861, Email: rtarlteracovad,net P.02 08-06-04 11:42 VALLEY ELECTRIC SUPPLY 00'49 Ano 'slot 00'0 00'45 000 00'49 OZ -0 OWES :p!ede/d .yeN :eel :leen 10=9709458192 P.04 sMopO, se paquosap '16,4 419'1aa1 E6 e6uab '41n09 9 d!4suMu1 'g 1 uo!loag 10 6/is a41 w palenes pue! iapueaw 10 spell omI os!V •eug AeM 10 446p OL alelsletu! 04) io 4poN pue o] luaoefpe 6u1A1 'IsaM E6 etuey 'yelos 9 deisuMol'91 uo!pas u! 9 pue L s101 "IP 9101 Nes 40'aai L6Z In] a411deOxa ysQM E6 eBueu 'yews '9 d!ysumol'et uo!Oa9 '9401199M9d!ysumol'91uopoeS'9)01Isom E6a6uay'wog 9d!4suMol'91uo!pag '9 101 osie 1aa1 Ley ise3 018 Klaus 'pem!!ey MOS+gO 64) l0 eup Gem 10146u 41noS a41 10 4tno$ Pee 01 tuaos(pe 6u1AI LIN'd 419 04110 'IsoM E6 aSued'41009 9 d!usumol'91 uo00as 10 q/I3N 641 uo Z/ls 64110 Z/lS e16 III peleaol puel Io uo!pod 1041 :uo4d9asa0 !0601 )1M-ol !0pe10100 10 arm 'Ple!PeO p lllunop 941 U! Merles 6podold pequ0sep 6u!mo fo184141!m uoipauuoo u! 1(6uua41e6 ollgnd) snows e 1o) I!wlad ash lepeds a anmdde 0;'0pe,o!00 40 ems ' (lunoo ple!peO 'eusuo!es!wwoa Rluno010 ping a4) 01 pe!dde sey 01149 10 A110 0411041 3p110N amyl 61 ES P0/S P0/9l/L0 33110N 0118fld :eaua/ai9a luawRed . sPJoM PI08 pul 'sod swuuds pooMuelO as 10101 seBleyolns 6¢04800 'Qui do'g VatS uogduosea 0060 :uo: eay!seelp V0/E LILO 919I-9Z9(0L6) Z16609EE 000.69910 LEE :aleq :euo4d NPV :glsnp :uosladsales ES :�a>tel pV 90918 00 'alai 1791 X08 Od 6auue jpam Ipu!p/6i 1 e9 LLLO-SF6 (0L6) :xej LC66.069(999):euogd 2091900 's6u9dS puomua!O 669 x08 Od elpaV smaN uletunoyy opeJOlo3 id! Goa � Buisi1aanpd 0S -0E-04 11:43 VALLEY ELECTRIC SUPPLY ID=9709458192 y un, City of Rifle Water Dept. Mc iz5 .39/4 970-625-6221 Hydrant Meter Use Application Contractor Name _12 IFLC Lielms /� •-e U s - tae• s Contact Name £M2Qpk L lent L1-ide Contact Phone (L to 2 5- 36)...)(1 �0 ay 1& - — Billing Address 2, rt -C, CO S'Ib50 Requested Hydrant Location blittion SLp —LL' ac I 64../3 City Hall Signature Date Rifle Water Dept will install meter and open hydrant. The hydrant will remain open and contractor may only operate gate calve on meter. Contractor is responsible for proper use and is liable for damages or loss of meter. (Ipon completion of use of meter, contact the Rifle Water Dept. Jor removal of meter, /'hone 970-625-622L Contractor Signature. I f L( Date 7/ 2%t% P.05 HYDRANT INFO Hydrant Mcter Location Starting Meter Read 00 Date Water Dept Signnture Ending Meter Read 00 Date Water Dept. Signature - - Con tractor Signature City Hall Signature Original - Utility Billing Yellow - Contractor upon meter return Pink - Water Dept. Goldenrod -Contractor Acknowledgement 07-07.04 13;09 RECEIVED FROM:970 625 3210 P.D1 08-06-04 11:43 VALLEY ELECTRIC SUPPLY icr 14=9709458192 P•06 8(3/0,r c L/ o3 P. (0).5 - �a 7 I �; N1I6Mee 08-06-04 11:43 VALLEY ELECTRIC SUPPLY 7-22-2004 Garfield County Sheriff's Department 8th Street Glenwood Springs, Co. 1D=9709458192 P.07 This letter is to confirm our verbal request for traffic control assistance on U.S. Hwy. 6 & 13, request made 7-02-2004 message for Tim, undersheriff at 11!57 am. The assistance will be needed after (2) circus performances at 4:30 pm and 7:30 pm on Tuesday, August 17, 2004. Each performance will last approximately 2 hours each. It will be located west of Rifle on the old mill tailings site south across from Action Shop Services. .If you have any questions please feel free to contact me at (w) 945-8265 or (h)625-3824. Thanks Barry L. Miller Co -chairperson Rifle Lions Club OS -06-04 11:43 VALLEY ELECTRIC SUPPLY 7-22-2004 Rifle Fire Protection District 1850 Railroad Ave. Rifle, Co. ID=9709458192 This letter is to confirm our verbal request for ]nen and equipment to be available on site if possible. We are hosting a circus on Tuesday, August 17, 2004. The performances will be at 4:30 pin and 7:30 pm. Each performance will last approximately 2 hours each. The area is the former west Rifle mill tailings site across from Action Shop Services. Although the area is to be mowed, we are still concerned about fires caused by low hanging mufflers. If you have any questions, please call me (w) 945-8265 or (h) 625-3824 Thanks Barry L. Miller Co -chairperson Rifle Lions Club P. 08 08-06-04 11:44 VALLEY ELECTRIC SUPPLY VALLEY ELECTRIC SUPPLY, INC. P.O. BOX ISO7 • 7910 STATE HIGHWAY 82 GIfMW000 SPRINGS, COLORADO R1602 PHONE ('770) 945-916a ID=9709458192 P.09 DATE_. CUSTOMORM NO NO INVOICL NO OWDEIRD 1!. SHV OUR TRUCK LII VIA WIII (Alt ir I / n JOB NAM[ Said 1e. '. K 'd�.e'r�'Ji` Ship To. QUAN. ORDERED QUAN. SHIPPED 9O 3- S Sf 9 Charge To DESCRIPTION QUAN. B. 0 PRICE QUOTED 08-09-04 VAL 13:54 VALLEY ELECTRIC SUPPLY P.O. LI EN P I C S I'eU / • 79 U ST HIGHWAY 37 000 SPRING LORADO 814507 PHONE (970 )4S-9168 Gni AN ORDERED OUAN SHIPPED 1D=9709458192 EXHIBIT 13.01 OAIE .P10200/ CUSTOMER ORDER NO INVOICE '40 ORDERCO BY SNIP OUR TRUCK VIA � Will CAll ( rJ / p /y ,��` , _ )OO NAME Ship To4—'���e?t/}1 —w`�.. i Chap, To DESCRIPTION QUAN B.O. PRICE (QUOTED 1L Irl Sea f0 3voo —cur -AS Lit 00. 1 t ) AUG 0 9 2004 AUG 1 2 2004 GARFIELD COUNTY TO: BUILDINGR1RNG FROM: John Hier DATE: August 12, 2004 RE: Lions Club SUP for Circus Memo EXHIBIT I am responding on behalf of the Rifle Lions Club to your report on their request for a Special Use Permit for the Carson & Barnes Circus. The Circus event is scheduled to be held on the former UMTRA site on August 17th. The City has executed a lease with the Lions Club and Circus for use of the property. The lease included a number of conditions imposed by the City; we have met with Lions Club representative, Barry Miller, to resolve those lease issues, and the conditions you recommended in your report. Our comments are as follows: 1. Site Plan I have attached a new site plan which illustrates the approximate location of the circus on the UMTRA site. A layout of the circus is also attached. The site will be located centrally within the 140 acre UMTRA site and easterly of the DOE test station. It will be approximately 300 years south of the railroad tracks and Highway 6 & 24. Public parking will be immediately north of the circus layout (see attachment). The entire site has been mowed by the Lions Club and is prepared for both public parking and the circus. 2. Emergency Services The applicant has made arrangements with the Rifle Police Department for 1 s response to any public safety emergency. The Garfield County Sheriff's Department will provide backup. The Rifle Fire District will provide emergency services for fire protection and emergencies on an on call basis. To further reduce fire risk, the Lions Club volunteers will have a number of hand held fire extinguishers on site. 3. Portable Toilets Carson & Barnes Circus will provide 9 portable handicapped accessible port -a - potties. Down Valley Septic Services has volunteered to provide up to 15 additional units as necessary. CITY OF RIFLE 202 RAILROAD AVENUE • P.O. BOX 1908 • RIFLE, CO 81650 WWW . R I F L E C O. O R G (970) 625-6236 • (970) 625-3210 FAX • JHIER@RIFLECO.ORG Water Services The City of Rifle will provide potable water from a hydrant located north of Highway 6 & 24 just north of the site near "Action Services". The circus will provide a potable water truck, which will store water on the site. 5. Waste Services Waste Management is providing three 8 yard dumpsters. The City of Rifle is satisfied that the Lions Club has met the conditions of our lease. We recommend that the Garfield County Commissioners approve the Special Use Permit. Respectful y submitted, ohn Hier City Manager Rug 12 04 04:18p August 12, 2004 Mark Bean, Director Garfield County Building & Planning 108 Eighth St,, Ste. 201 Glenwood Springs, CO 81601 Dear Mr. Bean: EXHIBIT People for the Ethical Treatment of Animals (PETA) is a nonprofit organization with more than 800,000 members and supporters dedicated to animal protection. We are writing to alert you to disturbing information concerning the Carson & Barnes Circus, which is scheduled to perform in Rifle on August 17. We ask that you kindly consider the important information contained in this Letter and make the compassionate decision not to provide permits for Carson & Barnes, or any other circus with animal acts, in the future. In April, Carson & Barnes' 5 -year-old, endangered Asian elephant named Jennie died after contracting an elephant herpes virus carried by African elephants. Jennie's death might have been prevented if Carson & Barnes had followed even the most basic guidelines for elephant care. The circus subjected Jennie to the rigors of forceful training, performance, and travel at just 16 months of age, causing stress to her delicate immune system. Despite the American Zoo and Aquarium Association's recommendations that Asian and African elephants should not be caged together because of disease risks from this deadly virus, Carson & Barnes recklessly commingles The two species. A FETA investigator touring with the Carson & Barnes Circus recorded the enclosed video. Tim Frisco, the circus's animal care director, is shown viciously attacking and shocking terrified elephants. Frisco instructs other trainers to hurt the elephants until they scream and to sink a sharp, metal bullhook into their flesh and twist it back and forth. Frisco also cautions that the beatings must be concealed from the public. The U.S. Department of Agriculture is currently investigating Carson & Barnes for alleged violations of the federal Animal Welfare Act (AWA). Carson & Barnes has been cited numerous times for failure to provide veterinary care, minimum space, shelter from the elements, adequate ventilation, and clean drinking water, and it stipulated to a $400 fine for mishandling elephants in violation of the AWA. Beatings and extreme confinement are a part of everyday life for animals in circuses. We hope that you agree that this abuse is unacceptable and must be stopped. I would be happy to answer any questions or supply additional information. You can contact me at 757-622-7382, extension 8035, or via e-mail at NicoleM@peta.org. J look forward to your reply. Sincerely, Nicole Meyer, EIephant Specialist Captive Animals & Entertainment Issues Department enclosures: Carson & Barnes Circus elephant -training video and factsheet PeTA PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS 501 FRONT ST. NORFOLK, VA 23510 757-622-PETA 757-622-0457 (FAX) PETA.org info@peta.org AN,INTERNATIONAC -, . . ORGANjZAT10N;DEDICATEO ;.` .:.,:TO.PIZOTECTINC?'; ':THE RIGHTS OF AL1. ANIMALS-,