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HomeMy WebLinkAboutPACKET Town Board 2011-09-27Prepared 9/16/11 * Revised r OWN OF .F SI'ES PAARI The Mission of the Town of Estes Park is to provide high -quality, reliable services for the benefit of our citizens, visitors, and employees, while being good stewards of public resources and natural setting. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 27, 2011 7:00 p.m. AGENDA PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). PRESENTATION. RECOGNIZING COMMUNITY MEMBER ROSE. PRESENTATION. ESTES PARK'S SISTER CITY MONTE VERDE, COSTA RICA. INTRODUCTION OF FIRE MARSHAL TIM SPEARS. Fire Chief Dorman. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. 1. CONSENT AGENDA: 1. Town Board Minutes dated September 13, 2011, Town Board Study Session Minutes dated September 13, 2011. 2. Bills. 3. Committee Minutes: a. Community Development Committee, September 22, 2011. 4. Estes Valley Planning Commission Minutes dated August 16, 2011 (acknowledgement only). 5. Estes Valley Board of Adjustment Minutes dated June 7, 2011 (acknowledgement only). 2. LIQUOR ITEMS: 1. RENEWAL APPLICATION FILED BY SAFEWAY FUEL #920 dba SAFEWAY STORES 46, INC., 621 BIG THOMPSON AVENUE. Town Clerk Williamson. 3. PLANNING COMMISSION ITEMS: Items reviewed by Planning Commission or staff for Town Board Final Action. 1. CONSENT ITEMS: A. Amend the Amended Condominium Map, East Riverwalk Center Condominiums, Unit B, Building 1, Scott Carter/Applicant. B. Supplemental Condominium Map Units 610 & 612, Park River West Condominiums, Phase XXV, Richard Wille/Applicant. 2. ACTION ITEMS: A. ORDINANCE #19-11, Amendments to the Estes Valley Development Code — Amending Sections of the EVDC to address the Religious Land Use & Institutionalized Persons Act (RLUIPA). B. ORDINANCE # 20-11, Rezoning from CO — Commercial -Outlying to A-1 — Accommodations, Lot 1, Witt Subdivision, 900 W. Elkhorn Avenue, Robert Fixter/Applicant. 4. ACTION ITEMS: 1. BOND PARK / MACGREGOR AVENUE CHANGE ORDER. Deputy Town Administrator Richardson/Director Zurn. 2. RESOLUTION #11-11 SURPRISE SIDEWALK SALE OCTOBER 8" AND 9T" Director Kilsdonk. 3. LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) METERED FUEL VENDOR AGREEMENT. Director Bergsten. ADJOURN. NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. Town of Estes Park, Larimer County, Colorado, September 13, 2011 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 13th day of September, 2011. Meeting called to order by Mayor Pinkham. Present: Also Present: William C. Pinkham, Mayor Chuck Levine, Mayor Pro Tem Trustees Eric Blackhurst Mark Elrod John Ericson Wendy Koenig Jerry Miller Greg White, Town Attorney Jacquie Halburnt, Town Adminisra Lowell Richardson, DeputyTown Administrator Jackie Williamson, Towi-VClrk Absent: None Mayor Pinkham called the meetirr recited the Pledge of Allegiance. PROCLAMATION. Mayor Pinkham read Constitution week. PUBLIC COMMEN , Charley Dickey/Town`citize day craft s as a w that arei tready in fo the p 1town shops; The businesses sugges fairgroundfpr the west en order at 7 OQ;p.m. and all desiring to do so, ation designating September 17 through 23, 2011, as Olofrom the business owners on the Labor t businee seers view the show as positive for the town people to town and provides an added attraction to those usinesses do see dollars spent at the show rather than yvever, Ataurants and lodging saw an increase in spending. holdinethe show on a slower weekend, hold shows at the Of town, and encourage local vendors to participate. TOWN BOAR['OMM NTS / LIAISON REPORTS. Mayor Pinkham tttd the Board and the community with three flags from the American Legion ha commemorated September 11th, including one flag with the names of those that perished on the airplanes, the second with the names of the firefighters and the third a blue star flag. Trustee Blackhurst stated Estes Park Housing Authority Director Rita Kurelja provided the Association of Responsible Development with a review of the Authority's history, goals and mission. He reminded the public the Authority would hold its regularly scheduled meeting on Wednesday, September 14th, in Room 203 at 8:00 a.m. Trustee Elrod stated the Estes Valley Planning Commission would hold its regular meeting on Tuesday, September 20th at 1:30 p.m. in the Board room. The Commission would hear from staff on ADUs and encouraged the public to attend and provide public comment. Trustee Ericson commented on the upcoming Transportation Visioning Committee public input session to be held at the conference center on Tuesday, September 20th Board of Trustees — September 13, 2011 — Page 2 from 1:00 — 3:00 p.m. and 6:00 — 8:00 p.m. and Thursday, September 22nd from 8:30 - 10:30 a.m. and 1:00 — 3:00 p.m. Mayor Pro Tem Levine recognized the recent dedication and name change of the Light and Power building to Robert L. Dekker Light and Power Service Center. He also thanked Wayne Groome for providing the trolley during the Scottish -Irish Festival parade for the Board to ride on. Trustee Koenig stated the Rooftop Rodeo committee would hold a meeting on September 15th to elect new officers. She encouraged those interested in joining the committee to get involved, and all young people interested in the rodeo royalty should contact the committee. Trustee Miller commented the Local Marketing District would change their meeting format to move away from reports and begin strategic work sessions and planning. The branding process would begin in October. TOWN ADMINISTRATOR REPORT. • The Colorado Air Quality Control Commission ll hold a public hearing in Estes Park to determine if the Town would be mcwi(uded in the screening area. The meeting would start at 12:30 p.m. The Town and County haves taken positions against testing in Estes Park. 4, /, • The Elkhorn Project RTA application third party analyst report would' be made available on November 4 . The decision on�awardin 'grants would occur on March 1, 2012. Elkhorn Project Inca has discuss ed completing the annexation and rezoning of the upper 40 acres nor to March 1 ,requiring an application submitted by October 26th to meet this dead • An agreement outlining roles and responsibili ies of the, Ambassadors was signed at a recent breakfastfecognizing their se • This years transportation numbers increased, including blue route up 92%, red route up 50%, brown up 239% and the rew silver route with just under 12,000 riders. A final report,+n ll be forthco i g • Staff has not accepted tlhe�Prospect Avenue project and would wait until May or June of 2012 to% nsu a proper vegetation has occurred. Ouray Drive improvements did not occur because'Wproject stopped at town limits. • Tl �stes Valley Recreational and Park District held a meeting to discuss the er Rouse Trail and tl e affects on the beaver habitat in the county portion of e trail. A committee has b formed to address the issue. • The Scottish -Irish Festival brought approximately 50,000 to town, which was the same"al,last year. 1. CONSEN 1. Town BoardMinutes dated August 23, 2011. 2. Bills. 3. Committee Minutes: A. Community Development / Community Services Committee, August 25, 2011. It was moved and seconded (Levine/Miller) the Consent Agenda be approved, and it passed unanimously. 2. ACTION ITMES: 1. ESTES VALLEY RECREATION AND PARK DISTRICT BUILDING PERMIT FEE WAIVER. Chief Building Official Birchfield reviewed a request to waive Board of Trustees - September 13, 2011 - Page 3 building permit fees for the EVRPD for the replacement of a water service line and the burying of the electric line to three restrooms in the Cherokee Draw day use area at Lake Estes. The project is estimated at $40,000 and building permit fees would be approximately $550. The CDCS committee reviewed the request on August 25, 2011 and recommended the item to the full Board. Town Administrator Halburnt stated the Town has a policy for waiving fees such as these by the Community Development Director, and therefore, the item should not have come before the Board. Johanna Darden/Town citizen stated the fee waiver policy should be reviewed by the Town. It was moved and seconded (Blackhurst/Ericson) to approve the building permit fee waiver of $550 for the Estes Valley Recreation and Park District, and it passed unanimously. 2. MACGREGOR AVENUE REPAIR. Deputy Town Administrator Richardson statedthere aritwo separate issues to discuss with the project including; 1) Identifyinand recommending appropriate accountability for the failure of MacGregor Avenue, and 2)-Recommendations for fixing the failure of the road. Since the failure of the roadway in 2011, staff has initiated a series of actions toidentify the cause of the failure Results of testing and sampling of the materials below the,r4d surface included moisture content in the base course exceeding ccefable levels, and the material density was appropriate except for one a"rea displaying very moist and loose subgrade material. Additional testing to ensure correct remediation of the issues was conducted fin�ring th ,base course,, was not to specifications; geotextile or geogrid material jias not pr sent a softlayer of subgrade material was found; ground water wasp ound within 3 to 5 feet of areas drilled; and it was recommended the Town acquire records from the contractor for the materials used, testing results and e number of proof rolls completed. Staff has been to negotiations with the design firm and contractor regarding the cost of the repairs and theeappropriate responsibility and accountability. Staff has also worked'directly ith RG and Associates, the design firm and HP Geotech, rimary geptechnical firrrl to design and reconstruct the roadway by essing� # e issu s including road stabilization, groundwater drainage and urface water Three options were presented with estimated costs of $150,000 to $ 00,0Option Three was the original design without the ogrid material p ich was added during the construct when the roadway was not assing proof rolling; however, staff and the contractor contend the other two'options wouldin ork. Dess►gn Option One: Remove and replace all poor subgrade material with • 18" of leCycled crushed concrete and reuse existing base course at the subgrade level, remove and replace all base course material with new material, remove and replace all paver sand and reinstall pavers. • Design Option Two: Remove and replace all poor subgrade material with 30" of recycled crushed concrete, reuse existing base course, remove and replace sand and pavers. • Design Option Three: Remove and replace poor subgrade material with 30" of fairgrounds material, install geogrid material, reuse existing base course and remove and replace sand and pavers. • Option Four: Do nothing and leave the road closed for pedestrian use only. Board comments/questions are summarized: the repairs should be funded by CRF and not Open Space funds; it is not the Boards function to determine which option would work; staff should recommend to the Board the option that Board of Trustees — September 13, 2011 — Page 4 3. the soil, design and Town engineers are going to guarantee to correct the issue and would like to have a dollar amount for the project. Ron Norris/Town citizen raised concern with the project related to accountability, repair options and financial implications. The information provided to the Board does cite several problems but does not explain how or why the problems occurred and who is responsible. He requested more information be provided on the failure and full disclosure be provided to the citizens; repair options should receive public feedback before a decision; and funding the repairs should not occur until accountability has been addressed. Charley Dickey/Town citizen stated a fifth option would be to use the roadway and see if it fails. Accountability should be addressed and those responsible should correct the issues with the roadway. Johanna Darden/Town citizen commented Option' Four would not be acceptable, and stated Open Space funds shoul Kerry Prochaska/Cornerstone Constructs stands committed to the Town and the deem it necessary. Jane Schoen/Town citizen question,;what t repairs would accomplish for the roa/ project entities being involved in the repa The Mayor stated no action would, .be taken ';because the item would be discussed further after the Ex cutive Session The Board reserved the right to take action on the item after the Executiv Sessio e used to fix the road. n Concepts ;stated the company oject in any way3the Board and staff FAIRGROUND ACCES Town Act r in strator Haft the Board's :'request and access to tl e propert question, more emergency vehici y as necessary.to ability and certainty of the ced concerns with the initial rnt stated the gate at the Fairgrounds was added at he request3of, the homeowners in the area to restrict th Str,.eet. Recently access has come into �cifically shduld�the gate only be open and closed for cess or should staff be granted authority to open the gate aid traffic flow for events at their discretion. )wn Board discussion followed and has been summarized: Trustee Koenig s#a#ed the gate was; requested by the PUP committee to be opened and closed as needed Trust a11,Miller questioned if other alternatives had been reviewed to minimizetraffic i pacts on 4th Street, including a right in and right out only access;Trustee Ericson commented the access should be an exit only because therrain entrance of the parking lot is off of Manford Avenue; Trustee Elrod stated the entrance was to be used as an emergency access only based on past emails, and the Town was addressing the concerns of the neighborhood to limit traffic on 4th Street; and Mayor Pinkham commented the gate was to address transients parking overnight and engaging in other activities. He voiced concern with the traffic flow in the parking lot during events and staff should have the discretion to open the gate as needed. Sue Pinkham/Estes Valley Fire Protection District requested the gate be open during the annual slash collection on Saturdays from October 8th — November 5th. She stated concern with trucks full of material may not be able to negotiate the parking lot without losing part or all of their load. It was moved and seconded (Blackhurst/Levine) to allow staff to open the Fairgrounds gate on 4th Street at its discretion and as needed, and it passed with Trustees Elrod and Ericson voting "No". Board of Trustees — September 13, 2011 — Page 5 3. REPORTS: 1. 2nd QUARTER FINANCIAL REPORT. Finance Officer McFarland reviewed the 2nd quarter financials stating sales tax is 2.3% ahead of budget and 2010 ahead of 5.2%. A number of categories are ahead including lodging, food, retail, amusement/recreation and person/professional. Financials are reported through July and the General government expenditures are at 65% of the budget because items such as community service grants are paid out at the beginning of the year. All other General fund categories are at 56%, which is under the 58% of the year completed. The Fire District and Local Marketing District transfers have been moved to the Community Service fund by the auditors, and therefore, until the budgets are revised this account will be over. Enterprise fund revenues are on target to meet budget with expenditures at 49%. The investments the Town possesses includes money market/CDs, US Treasuries and US Instrumentalities. Recently there has been a downgrading of US Instrumentalities. State statute does not aIiow Municipalities to invest in securities that do not have the highest rate, therefore it is unclear if the Town would be required to sell U.S. Instrum tithes. Staff has moved money into local banks because they are payer) ghjgher interest rates than government investments. 2. MORAINE AVENUE PUBLIC COMM E ' & NEXT STEPS. Public Works Director Zurn reviewed the public process orr garnering public opinion for the project, including door-to-6 ' isits phone calls an open house, and soliciting comment through the Town's website waft, E project comment forms. Approximately 20 businesses attended flee open'ouse. The resulting public comments are s m�marized and fait into four topics including support for r 3 3 .. improvements o the sidewalk on th south endlof the project; improvements needed at)he°; oriane restroom crosswalk location; business owners were not in favor,of removing the Riverwalkcrosswalk at Wiest Street, which would remove the tent of th �`alkway and encourage jaywalking; and most were in favor of an e s r g�cons3 taff requested direction from the Board prior to ffinalizing Construction documents and conducting a bid for a fall Town Administrator Halburnt stated CDOT confirmed the crosswalk at Wiest o,y reet needs to be,remoJed because cars are not anticipatinga crosswalk after iing onto Mora! ; from Elkhorn. A signal would need to be installed in order tomaintain the sswalk, and the contractor on the original EPURA project has conifiired ficonduit was installed during the Riverwalk construction. The cost of armvpedes Ian signalization would be approximately $100,000; however, there could a cost sharing with CDOT. Director Zurn stated the signal would aid traffic flow because it would be tied to the current signal at the corner of Elkhorn and Moraine. Trustee Blackhurst stated a previous Board requested the crosswalk be removed because it was installed incorrectly and with approval from the wrong department at CDOT. He stated it is a crosswalk at the wrong location. Trustee Koenig recommended the crosswalk be maintained with a signal installed and requested staff review cost sharing options with CDOT. Trustee Elrod concurred. Trustee Miller commented CDOT approved the crosswalk and has now requested its removal. He objected to the request, stating the crosswalk should remain and CDOT should provide cost sharing on the pedestrian signal. Board of Trustees — September 13, 2011 — Page 6 John Spooner/Van Horn Engineering stated Heath Construction has provided the original permit for the crosswalk which required the signalization of the intersection. The original drawings illustrated the pedestrian crossing as it was constructed along with pedestrian signalization. The final walk through outlined the need for EPURA and the Town to discuss with CDOT the future signalization of the crosswalk. Further discussion followed on the project schedule and management, including if project management should be contracted; could the project be completed in phases; and the project schedule should address both business and staff concerns. Public comment in favor of maintaining the crosswalk was heard from Frank Theis/Town citizen and Charley Dickey/Town citizen stating the crosswalk is needed to provide safe crossing for tourist that will walk to the corner to cross. Johanna Darden/Town citizen requested the p oje'ct bie delayed for a year and questioned if the lane coming into tow'6Would swide enough after construction for large truck traffic. Staff would move forward with the finial scope and begin i'tscussions with CDOT on the cost sharing of a pedestrian signal;y The item would* added to the budget if an agreement can be reached with C DOT. It was moved and second (Blaciep a.m., and it passed with Trustee Koe evine) to extehd the Board meeting to 12:00 igvoin 4. REQUEST TO ENTER EXECUTIVE SESS It was moved and seconded (Eri � n/Levine) touter into Executive Session nce, for a conferewith the TownAttorney for the purpose of receiving legal advice on s specific legal questions,' Bond Park Project - MacGregor Avenue .p per 24-6-402( b C.R.S., and the motionassed unanimously. Mayor Pinkham celled a 1(? minute break %at 9:42 p.m. and reconvened the meeting at 9:55 p r where the;Board entered into Executive Session. They ' ting reconvenedc,from EXecutive Session at 11:28 p.m. The Board resumed discuss]n of Action Itei%2 MacGregor Avenue Repairs. Trustee Blackhurst stated Option #1 uld be the nagst viable, appropriate legal conversations should take place with the con for and tubcontractors to explore a mutually satisfactory settlement, in term of timing ar�d fmapsial benefits for all parties. It was moved and'Seconded (Blackhurst/Koenig) to move forward with Option #1 with the inclusion of geogride to repair MacGregor Avenue with a cost to be determined and bring the final scope of work and cost to the Board for final approval, and the motion passed unanimously. Whereupon Mayor Pinkham adjourned the meeting 11:34 p.m. William C. Pinkham, Mayor Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 13, 2011 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in Rooms 202 & 203 in said Town of Estes Park on the 13th day of September, 2011. Board: Attending: Also Attending: Absent: Mayor Pinkham, Mayor Pro Tem Levine, Trustees Blackhurst, Elrod, Ericson, Koenig and Miller All Town Administrator Halburnt, DeputyTown Administrator Richardson, Town Attorney White, Director Kilsdonk, and McFarland and Town Clerk Williamson None Mayor Pinkham called the meeting to orderat TOWN ECONOMIC DEVELOPMENT INITIATIVE OVERVIEW Mayor Pinkham presented a review of the Town's`-MissionI, Vision, Goals and Guiding Principles. He also reviewed past Town Board goals that addressed economic development and the formation of the 2017Team to recognize and support the existing economic component of tourism; look at;future opportunities for diversity; and create an overriding plan or strategy for future economic" development. Moving forward with economic development, Kethay Rennels would facilitate an invitational meeting with organizations and ind viduals to identify issues and determine who would be involved in the process moving forward, including financial support. Groups would be formed to address the issues and focus .on areas of concern. The process would take 12-18 months with Kathay ^Kennels facil tating quarterly meeting and a process manager would be hired by ,those entities involved ��iri'the process. The end result would be to create _jobs, year ,around employment, diversify business base, attract and retain working families, capitalize °`on strengths to effectively compete in an increasingly complex „and competitive environment. Trustee Blackhurst questioned the Town's involvement in economic development, stating the private sector :should address the issue and take the lead. He also questioned whether the Town wants to be involved in economic development. Trustee Koenig agreed the effort should come from private enterprise. Trustee Elrod concurred the issue should be addressed by private enterprise, and the effort should include the countywith the Town as the catalyst for moving the issue forward. Trustee Ericson stated the effort should be coordinated and the Town should bring the appropriate entities together. Trustee Miller commented the group should be a diversified citizen led group with the Town leading the effort, coordinating the group, and identifying how the Town could help or hinder economic development. Mayor Pinkham stated the Town needs to take the lead on the issue to begin the process and bring the different entities together. 2"d QUARTER FINANCIAL REPORT. The item would be discussed at the Town Board meeting. TOWN REVIEW OF VISITOR CENTER OFFICE SPACE Director Kilsdonk reviewed the request of the Local Marketing District to complete the upstairs of the Visitor Center funded by the Town at an estimated $154,000 and retain RECORD OF PROCEEDINGS Town Board Study Session — September 13, 2011 — Page 2 the use of the current four offices in on the first floor. The current use of the second floor space is for storage of the LMD stakeholder materials distributed in the lobby, information desk materials, LMD and Town staff files, building maintenance supplies, Ambassador items and shuttle signs. The LMD staff would continue to share the use of the first floor meeting room and kitchen. The building currently has two phone systems. The Town would make the Nortel system available to the LMD at no cost thereby savings the Town approximately $3,000 in annual support and maintenance costs. Future space needs by the Town in the center would include increasing the lobby and public restroom areas because of the increase in visitation over the past few years, including a 39% increase in 2011. Any expansion of the public service area would mean a reduction in other areas on the first floor. Storage on the first floor is not available and it is unknown how much storage would be available on the second floor in the future. The Town office space in the building includes 255 s.f. with one employee in a 34 s.f. cubicle. There is no opportunity for creating a private work space for this employee, adding an administrative assistant for the department head, or allowing for staff expansion. Staff had proposed creating office space at the center for the fairground staff currently working in subpar conditions at the fairground, including a rented trailer. The Town would also like to provide the Ambassadors with an office space. Trustee comments included Trustee Miller requested a breakdown of the estimated costs; Trustee Blackhurst stated both entities are growing and need additional space, and therefore, there does not appear to be enough space for both entities; Trustee Ericson commented the priorities are the visitors and thxe;Ambassadors; Trustee Koenig stated the Board needs to discuss who should handle`CVB operations moving forward and stated the LMD should look at new space to allow both entities to grow as needed; Mayor Pinkham and Mayor Pro Terri' Levine; agreed both entities need additional space, sharing the current space would not be appropriate anal future visitor needs are of utmost importance; and Trustee Elrod questioned if the Town should be renting space to a special district. Trustee Blackhurst stated the issue should be discussed during the budget process. Town Administrator'kalburnt stated staff did not include the item in the proposed budget; however, the would be iscussedduring the budget meetings. FUTURE AGENDAIT, EMS Trustee Blackhurst stated the Board agreed to have a meeting in September to discuss the 2012 goals prior to the budget hearings. There being no further business, Mayor Pinkham adjourned the meeting at 6:45 p.m. Jackie Williamson, Town Clerk RECORD OF PROCEEDINGS Town of Estes Park, Larimer County, Colorado, September 22, 2011 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 22nd day of September, 2011. Committee: Attending: Chair Levine, Trustees Elrod and Miller Chair Levine, Trustees Elrod and Miller Also Attending: Deputy Town Administrator Richardson, Directors Kilsdonk and Chilcott, Manager Mitchell, Foreman Lindeman, and Deputy Town Clerk Deats Absent: Town Administrator Halburnt Chair Levine called the meeting to order at 8:00 a; PUBLIC COMMENT. None COMMUNITY SERVICES DEPARTMENT. SURPRISE SIDEWALK SALE RESOLUTION. The Surprise Sidewalk Sale is scheduled for 9:00 a.m. till 5 30 p.m. on October 8th and 9th is open to all Estes Park businesses, and will be held ,rain or shine. Businesses not in the downtown area: Criay make; arrangements with Events staff to reserve space in Bond Park during the' Sale. The;,Sidewalk Sale is advertised locally as well as in Front Range markets,and merchants will be provided with regulations and guidelines to follow related to the event Due to;regulations pertaining to "containment" in the CD District, it is necessary that the Town Board ;approve a variance to authorize this sale to occur. - The Committee recommends approval of the resolution to allow the Surprise Sidewalk Sale to be held on October 8 and 9, 2011. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Fairgrounds and Events Quarterly Report — Foreman Lindeman reported that the summer season went well with participation numbers increasing. She said staff is striving to better utilize the property by scheduling multiple events when possible, and is continuing to look at ways to improve shows and draw more people. She noted that Jazz Festival numbers were down this year due to inclement weather and that the Dressage Show was an Olympic qualifying -event drawing horses from Denmark, Mexico, and Canada. It was noted that the Rooftop Rodeo Executive Committee was invited to brainstorm ideas with the Professional Rodeo Cowboys Association (PRCA) top executives. • Senior Center Quarterly Report — Manager Mitchell noted that visitation numbers for the month of August 2011 were the highest in the history of the Senior Center, and said that by the end of the year approximately 30 out-of-town day trips will have been offered. She reported that a study of the meal program done in June found the program to be operating efficiently, with The Fourth Street Cafe having been adopted as the new name for the Senior Center dining room. • Transportation Ridership Report — Dir. Kilsdonk reported that Town Shuttle ridership was up in 2011 totaling 56,904 riders during the 79 day service season. She said the numbers indicate that the community and visitors are beginning to embrace the shuttle program and noted the shuttles were utilized by downtown employees more this year than in the past, helping to cut down on the number of RECORD OF PROCEEDINGS Community Development / Community Services — September 22, 2011 — Page 2 car trips into the downtown area. She is continuing to analyze feedback on the program received from the Transportation Visioning Committee (TVC), Estes Area Lodging Association (EALA), business owners, individuals, and shuttle drivers for ideas and suggestions on improving the shuttle system. Town Administrator Richardson said a cost analysis to add additional operating hours that would coincide more closely with downtown employees' work hours will be done. Trustee Miller encouraged the community to attend one of the TVC public outreach meetings that are taking place at the Rocky Mountain Park Inn. COMMUNITY DEVELOPMENT DEPARTMENT. REPORTS. Reports provided for informational purposes and made a part of the proceedings. • Monthly Building Division Report — Dir. Chilcott summarized the Building Division report noting that construction activity remains higher than last year with a 42% increase in issued permits, a 10% increase in valuation, :and a 27% increase in fee collection. Staff continues to make changes to report - formats in order to provide clear, understandable, and comparable information In response to a question about demolition permits, Dir. Chilcott will check with,,Chief Building Office (CBO) Birchfield as to how these permits are being tracked She added that Community Development has received an inquiry:related tracked, converting condominiums to townhomes. Trustee Elrod noted that recent changes to the development code related to,,,condominiums and townhomes were made in response to requests from the publicand saidthat it is important for the public to be involved in government. There being no further business, Chair Levine adjourned e meeting at 8:39 a.m. Cynthia Deats, Deputy Town Clerk RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Planning Commission August 16, 2011, 1:30 p.m. Board Room, Estes Park Town Hall Commission: Chair Doug Klink, Commissioners Ron Norris, Alan Fraundorf, John Tucker, Betty Hull, Rex Poggenpohl, Joe Wise Attending: Chair Klink, Commissioners Norris, Fraundorf, Hull, Poggenpohl, and Wise Also Attending: Interim Director Chilcott, Town Planner Shirk, Town Attorney White, Town Board Liaison Elrod, and Recording Secretary Thompson Absent: Commissioner Tucker The following minutes reflect the order of the agenda and not necessarily the chronological sequence. Chair Klink called the meeting to order at 1:30 p.m. There was one person in attendance. 1. PUBLIC COMMENT None. 2. CONSENT AGENDA A. Approval of minutes, July 19, 2011 Planning Commission Meeting It was moved and seconded (Norris/Hull) to approve the consent agenda, and the motion passed with five in favor, one abstention (Wise), and one absent (Tucker). 3. AMENDMENTS TO THE ESTES VALLEY DEVELOPMENT CODE CONCERNING ACCESSORY DWELLING UNITS (ADUs) Chair Klink briefly reviewed the history of Accessory Dwelling Units as they related to the Estes Valley Planning Commission. Interim Director Chilcott reviewed the draft problem statement. Chair Klink asked for Commissioner input and public feedback on the draft with another review next month. Commissioners Fraundorf and Norris would appreciate communication with the Town Board to agree to various key items prior to working on details. Interim Director Chilcott stated the overall intent was to address ADUs by broadening the increasing number of lots that could construct ADUs, while limiting the negative impacts. Currently, 30% of the lots in the Estes Valley would qualify for an ADU, due to lot size requirement of 1.33 times the minimum lot size of the zone district. She stated there is some conflicting code language between ADUs and Accessory Kitchens, which would need revising. Interim Director Chilcott stated existing ADUs are non -conforming, which allows repairs and maintenance, but not expansion or improvements. "Expansion" includes expanding the intensity of the use. Interim Director Chilcott stated at the time the Estes Valley Development Code (EVDC) was adopted, there was a strong desire expressed by residents that only one family should live on a single-family zoned lot. At that time, the perception was that allowing detached ADUs would increase density. Chair Klink stated the previously proposed code language did not allow rentals, which would encourage use for friends and relatives rather than as rental units. He recalled that the Town Board at that time was supportive of ADU rentals, as was the Estes Park Housing Authority. Interim Director Chilcott stated detached ADUs located above garages are common in certain neighborhoods, and usually have less impact than fully detached AUDs. There is a desire in the valley to have detached guest units for non-paying guests/family and also for caretakers. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 16, 2011 2 Public Comment Johanna Darden/Town resident was opposed to ADUs on small Tots, and was concerned about being able to enforce any rental regulations. She was supportive of ADUs on large lots if the structure was not close to the neighbor's property line. Public comment closed. Interim Director Chilcott explained the code language for long-term and short-term rentals. The current ADU code does not allow either type of rental. Discussion ensued concerning enforcement of rentals, with a comment made that that outside impacts are sometimes more noticeable than whether or not it is being Tented. Short-term (vacation home) rentals require a business license. Current code language does not allow a vacation home rental if there is an accessory dwelling unit on the property, and the owner of the property cannot live on site if renting short term. Interim Director Chilcott stated this may be an agenda item for the joint Board meeting to determine if the Boards (Town Board and County Commission) are in alignment. She stated the problem statement process was initiated after the previously proposed ADU codes. Planner Shirk stated Larimer County currently allows accessory living areas. Detached units in Larimer County and outside the Estes Valley Development Code area must go through a minor special review requiring County Commission approval. Town Attorney White stated vacation homes are recognized by the county and the regulations are in the EVDC. The Local Marketing District has a detailed process to identify these homes to ensure they receive the lodging tax. The Commissioners were polled on their initial views to allow rentals of ADUs: Commissioner Poggenpohl — possible limited long-term rentals; Commissioners Norris and Hull — opposed to rentals in attached and detached units, would support allowing a caregiver to live in an ADU; Chair Klink and Commissioner Wise — opposed to renting both attached and detached units; Commissioner Fraundorf — would probably support renting attached units with a specific limit on the number of people allowed. Discussed occurred between the Commission and Town Attorney White concerning grandfathering, legal nonconforming uses, and the fact that ADUs added without permits are illegal uses. Attorney White explained that the purpose of grandfathering is to have to use or structure eventually go away. If grandfathering of ADUs would be approved, the purpose would then be modified. There was consensus among the Commission to eliminate grandfathering statements until the draft amendment was more complete. Interim Director Chilcott elaborated on the expansion of existing ADUs. Adding a dishwasher, washer/dryer, etc. would not be considered an expansion, while adding a kitchen or additional bathrooms, etc., would be considered an expansion of the use. Lot size was an important consideration to the Commission. Chair Klink and Commissioners Hull, Fraundorf, Poggenpohl, and Norris would support discussion allowing detached ADUs on lots sized two acres or larger. No lot size multiplier would apply. Commissioner Wise would support detached ADUs on one acre lots or larger, stating that one acre lots frequently include detached garages. Discussion occurred about attached ADUs and lot size requirements. It was the general consensus to allow ADUs in all single-family zone districts as long as the lot size meets the minimum lot size requirement for the zone district. More discussion followed about the outside impacts of ADUs on small lots (parking, etc.) In determining whether or not ADUs should be reviewed by the Planning Commission, there was general consensus among the Commission to establish a review process only if the applicant could not comply with the code. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 16, 2011 Interim Director Chilcott stated there needs to be more discussion as to the size restrictions for ADUs. The existing limit is 800 square feet or 33% of the principal dwelling square footage, whichever is less. One option would be to state the maximum size could be less than 50% of the principal dwelling square footage, and be integrated into the principal dwelling. Several Commissioners were supportive of a 1000 square foot maximum. Commissioner Poggenpohl commented that the desired outcome section could be revised to read "provide limited opportunities for attached and detached ADUs in residential zoning, coordinated with related existing codes and ordinances." Discussion occurred as to the formatting of the details of the problem statement, and recommendations were made to staff to list some of the information on a separate document as background information. Chair Klink directed staff to send an updated document to the Commissioners so they can comment on the formatting of the problem statement. Interim Director Chilcott stated that once an ADU amendment was in place, it may be possible to remove the accessory kitchen regulations. This would keep the code cleaned up and easier to understand. Commissioner Poggenpohl suggested keeping the requirement for the land use affidavit, and Chair Klink added the affidavit was a way to alert purchasing property owners of the ADU restrictions. 4. REPORTS A. County Commission Approvals 1. Duncan Rezoning and Subdivision was approved (3-0 vote) on August 15, 2011 without the trail easement dedication requirement. Planner Shirk reported the meeting was heavily attended. B. Other 1. Planner Shirk reported the joint study session between Planning Commission, Board of County Commissioners, and Town Board will be held on Thursday, September 29, 2011 from 2:00 - 5:00 p.m. in Town Board room. The meeting will be open to the public. Staff suggested establishing joint goals and a work plan for the coming year. Interim Director Chilcott requested any comments for the agenda be given to her as soon as possible. 2. Planner Shirk reported a pre -application conference for the first townhome subdivision was held for The Timbers, developed by Mark Theiss. He wants to convert his condominiums to townhomes. 3. Staff has received no new information on the Park Theatre Mall. 4. Interim Director Chilcott reported that the individuals involved with the Elkhorn Lodge project are hoping to be in front of the Planning Commission late fall or early winter for land use approvals. They would like to have a local decision about the same time the state announces the award of the RTA grant. 5. Interim Director Chilcott reported Lakeshore Lodge is under new ownership. The new owners also purchased adjacent vacant land and hope to further develop the area. 6. Interim Director Chilcott reported Neil Gluckman, Assistant Larimer County Manager will be conducting board training on September 8, 2011, from 6:30 - 8:00 p.m. in Fort Collins. 7. Interim Director Chilcott reported staff continues to work on an advisory board training, which may be opened up to additional volunteer boards associated with the Town. The training is tentatively planned for late September or early October, and may be facilitated by the Department of Local Affairs. 8. Interim Director Chilcott reported on the Community Garden Project. The proposed project would be exempt from Planning Commission review. 9. Planner Shirk reported there is a fairly high level of interest in converting condominiums to townhomes. RECORD OF PROCEEDINGS Estes Valley Planning Commission August 16, 2011 There being no further business, Chair Klink adjourned the meeting at 3:05 p.m. Doug Klink, Chair Karen Thompson, Recording Secretary RECORD OF PROCEEDINGS Regular Meeting of the Estes Valley Board of Adjustment June 7, 2011, 9:00 a.m. Board Room, Estes Park Town Hall Board: Chair Wayne Newsom, Members Bob McCreery, John Lynch, Chuck Levine, and Pete Smith; Alternate Member Jeff Moreau Attending: Chair Newsom, Members Moreau, Lynch, Levine, Smith Also Attending: Planner Shirk, and Recording Secretary Thompson Absent: Member McCreery Chair Newsom called the meeting to order at 9:00 a.m. The following minutes reflect the order of the agenda and not necessarily the chronological sequence. 1. PUBLIC COMMENT None. 2. CONSENT A. Approval of minutes of the May 3, 2011 meeting. B. METES AND BOUNDS PARCEL, TBD HIGHWAY 66, RIPPLING RIVER ESTATES. This request was to re -approve a variance previously approved in November, 2009. The approved variance was to Section 7.5.F.2b(6) "No Development in Street Frontage Buffer Area" of the Estes Valley Development Code (EVDC) to allow driveway access to be located within twelve feet of the property line, within the mandated 25-foot arterial landscaping buffer zone. Due to economic conditions, the owner has not initiated development. Staff recommended approval with the following conditions: Conditions: 1. District Buffer landscaping standards shall be applied in place of arterial street standards. 2. Variance approval shall not lapse in the standard one year timeframe. Instead, variance approval shall be valid as long as the development plan approval does not expire. It was moved and seconded (Levine/Smith) to approve the Consent Agenda as presented and the motion passed unanimously with one absent. 3. LOT 6 OF WEBSTERS SUBDIVISION OF LOT 14, BLOCK 10, TOWN OF ESTES PARK, 170 BOYD LANE Planner Shirk reviewed the staff report. Cydney Springer/Applicant requests a variance from EVDC Section 4.3, Table 4-2, which requires side yard setbacks of 10 feet in the RM-Multi-Family Residential zone district. The applicant desires to encroach 5.5 feet into the west setback for construction of a proposed storage shed. The proposed 192 square foot shed would be located between the existing dwelling and existing outbuilding, and would be used as a painting studio. Planner Shirk stated that staff found special circumstances. The neighborhood is tightly built and the lots are very small. Staff found the neighborhood would not be substantially altered. There were no comments received from adjacent property owners, and no significant comments from reviewing agencies. Planner Shirk recommended approval with two conditions, listed below. Staff Discussion Member Levine stated it would be helpful if more detailed directions to the site could be included in the staff report when the site is difficult to locate. He also inquired about the existing power pole, and Planner Shirk stated the Light & Power Department had no significant comments concerning this variance request. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment June 7,2011 Public Comment Greg Rosener/Applicant Representative clarified that electricity to the proposed shed will run underground from the north side of the existing dwelling. Conditions 1. Compliance with the site plan and building design, as approved by the Board of Adjustment. 2. Setback Certificate. Prior to final inspection, a registered land surveyor shall provide to the Community Development Department a signed and stamped certificate that specifically verifies that the structure complies with the approved variance, and shall include a specific reference to the distance to property lines. Staff recommends a surveyor set survey stakes for foundation forms to ensure compliance with the approved variance. It was moved and seconded (Smith/Moreau) to approve the variance request with the findings and conditions recommended by staff and the motion passed unanimously with one absent. Member Moreau recused himself from the Board. 4. LOT 41B, REPLAT OF TRACT 41 AND A PORTION OF TRACT 46, FALL RIVER ADDITION, AND A PORTION OF TRACT 101, AL RESCO PLACE ADDITION, TBD BIG HORN DRIVE Planner Shirk reviewed the staff report. The applicant, Dallman Construction Company, requests a variance from EVDC Section 4.3, Table 4-2, which limits structure height to 30 feet above natural grade in the E-1—Estate zone district. Specifically, the request is a variance from the adjusted maximum height limit of 35'6" to allow a maximum height of 37'8", a two foot two inch variance. Planned Shirk explained the 30-foot height limit has been in effect for at least 40 years. There was an amendment to the EVDC, approved in 2001, to allow a height adjustment on lots with slope; therefore, staff discourages height variances because of this built-in flexibility for grade and topographical features. Planner Shirk stated there have been very few approved height variances since the amendment was approved. One approved variance was for a parapet around the top of a building downtown to conceal the air conditioning unit on the roof of the structure. Another approved variance was at the main building of the Good Samaritan facility, to allow for a parking garage to be built underneath the structure. That variance minimized the site footprint on the property. Staff recommended disapproval of the variance request. There are options for the property owner; including but not limited to additional blasting to lower the entire structure, or reducing the 10-foot ceilings to nine feet. An adjacent property owner downhill from the property was in favor of the variance so additional blasting could be avoided. She was concerned that additional blasting could damage the foundation and/or walls of her historic home. If the Board approves the variance request, staff recommends two suggested conditions of approval, listed below. Staff and Board Discussion Member Lynch stated there was also a height variance approval for a building at the YMCA of the Rockies. Planner Shirk explained that staff is allowed to grant variances of 10% or less, but height variances are not included in that authority. Public Comment Jeff Moreau/Applicant stated that given the topography of the property, a disapproval of the variance would increase the steepness of the driveway. He stated the height of the foundation, not the ceiling height, determined the elevation of the property. Surrounding property owners have no objections to view obstruction. If the variance is approved, there would be blasting to the north to lower the grade about five (5) feet, with just a scraping of the topsoil on the south. Member Lynch asked if the applicant had considered having a consultant do seismic testing on the property. Mr. Moreau stated it was not required, but RECORD OF PROCEEDINGS Estes Valley Board of Adjustment June 7,2011 3 he would be willing to have it done if it was recommended by the Board. He stated the design of the dwelling could be altered, but the great room ceiling would need to be lowered to less than eight feet to comply. He would rather not lower the foundation due to the increased driveway slope. Kelly Brown/adjacent property owner stated there was some negative impact from previous blasting of another adjacent property owner. As the property owner of a historic residence, she wants to minimize any impact to their dwelling. She stated the applicant has already corrected other conflicts with neighbors prior to this variance request. Most of the trees on her property grow out of the rocks, and could be seriously damaged by blasting on the hillside. Mrs. Brown was in favor of the variance request. She stated the applicant redesigned the drainage plan on the property to mitigate problems on the lower properties. She discussed the blasting with Fairbanks Excavating, who indicated that surface blasting would be conducted to lessen the impact on neighboring properties. Member Levine stated he was initially opposed to the variance request, but after the comments by Mrs. Brown, will support the request. Member Smith agreed with Member Levine. Chair Newsom commented the neighborhood impact would be minimal, and he would support the request. It was moved and seconded (Levine/Smith) to approve the variance request with findings and conditions recommended by staff and the motion passed unanimously with one absent. Member Moreau returned to the dias. 5. UNIT 1A, BUILDING 1, OLYMPUS VIEWS CONDOMINIUMS, 1690 BIG THOMPSON AVENUE Planner Shirk reviewed the staff report. The applicant requests a variance from EVDC Section 4.4, Table 4-5, which requires a 15-foot side yard setback in the CO —Commercial Outlying zone district. The property is located at the eastern -most Town limit boundary, and the patio is adjacent to the access road for the Marina and Lakeshore Lodge. The request is to allow a side yard setback of eight feet from the east property line to allow an existing fenced patio seating area to remain at the southeast corner of the building. Planner Shirk stated the patio and access stairs were built without a building permit. Based on this, if the variance is approved, staff recommends a condition of approval be that all required permits for the patio and stairs, as well as other open permits, be finalized no later than July 5, 2011. Planner Shirk stated the patio is an amenity for customers. Other than the Division of Building Safety, reviewing agencies had no significant issues, including the Estes Valley Recreation and Parks District. The Division of Building Safety indicated there were several unresolved issues concerning unpermitted work and unapproved work. Their recommendation was to add a condition of approval to resolve all issues with outstanding permits. The condominium association would need to resolve any issues with maintenance, common elements, etc. Planner Shirk stated staff recommended conditional approval, with issues to be resolved prior to July 5, 2011. Specific conditions are listed below. Staff and Board Discussion Member Levine stated the variance request was not posted on site. Public Comment Don Hess/Business owner stated there was an existing patio that went up to the property line, which was recently moved back 8.5 feet from the property line. He stated he was under the impression that moving the patio away from the property would bring him into compliance with the setback. The patio was slightly reconfigured to improve accessibility, and also fenced and gated. Mr. Hess agreed to have the Division of Building Safety issues resolved by the July 5th deadline. RECORD OF PROCEEDINGS Estes Valley Board of Adjustment June 7,2011 Planner Shirk read the Conditions of Approval. Chair Newsom asked the applicant if he was in agreement with the conditions of approval. Mr. Hess replied "Yes, I am." Member Levine suggested streamlining the permit issues as much as possible. Jes Reetz/Cornerstone Engineering representing the Olympus View Condominium Association, stated the Board approved the location of the patio, with no objections. Conditions 1. The patio shall not be used by customers until the access steps and patio have been permitted and final inspection approved. This shall be completed on or before July 5, 2011. 2. Prior to issuance of the permit for the steps/patio, the applicant shall finalize all outstanding building permits. It was moved and seconded (Lynch/Moreau) to approve the requested variance with the findings and conditions recommended by staff and the motion passed unanimously with one absent. There being no further business, Chair Newsom adjourned the meeting at 9:56 a.m. Wayne Newsom, Chair Karen Thompson, Recording Secretary Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN OF F,STES PARK Town Clerk's Office From: Jackie Williamson, Town Clerk Date: September 23, 2011 RE: Renewal Application Filed by Safeway Fuel #920 dba Safeway Stores 46, Inc., 621 Big Thompson Avenue Background: On January 22, 2011, an alcohol sales compliance check was conducted by the Liquor Enforcement Division with the support of the Town of Estes Park Police department. Unfortunately an employee of the establishment illegally sold alcohol to an underage person and/or did not ask for identification and sold the underage person alcohol. This is a violation of the State Liquor Code and has been handled by the State Liquor Enforcement Division. This type of violation can include a fifteen (15) day suspension of the liquor license with five (5) days served and ten (10) days held in abeyance. In lieu of an active suspension, the licensee can elect to pay a fine and enter into a Stipulation agreement, and therefore, the five (5) day suspension would be deemed automatically stayed. Safeway did enter into an agreement with four (4) days served and seven (7) days held in abeyance with a $200 fine paid on June 8th. If further violations occur within a year of the stipulation, the licensee will serve all or any days of the suspension held in abeyance. Staff has confirmed the applicant has completed T.I.P.S. training as required by the Town and continues to send new staff to training when available. The applicant has provided proof of training and has been included in the packet for review. All necessary paperwork and fees have been submitted for the renewal. Budget: N/A Staff Recommendation: N/A Sample Motion: move to approve/deny the renewal application for Safeway Fuel #920 dba Safeway Stores 46, Inc. Page 1 Beer/Alcohol Training Check off List -Fuel Kiosk Janet Brown Xochitl Salgado Kristen Zumdome Julie Barr Kenneth Collins Josh Ballard TIPS Training Bonnie Forbes Ashlee Rushing Tyler Waller .Jared Andrew Robert Killingbeck Will Citta Ann Houser Peggy Richardson Tonya Logue Paul Myhre James Breeding Bryon Logan Joann Givan Keegan Davies Lori Myers Graham Nelson Betty Turner Carrie Logan Sandra Grice Beer/Alcohol Training Check Off List -Fuel Kiosk Receiving Product: • A current beer/alcohol license must be posted in a visible location for any fuel kiosk to sell beer/alcohol. • Beer/alcohol must be received from an authorized vendor and delivered directly to the fuel kiosk. • The delivery must be on a separate invoice addressed to the fuel kiosk. • Under no circumstance can beer/alcohol invoiced. and delivered to the grocery store be transported. from the grocery store to the kiosk for storage, sale, or any other purpose. Similarly, beer/alcohol invoiced and delivered to the kiosk can never be transported liom the kiosk to the grocery store for storage.. sale, or other purpose. • When checking in a beer delivery, verify that all products are 3.2 %. Selling Product: • All fuel station employees should go through the Cl3'1-' training pertaining to sales of alcohol. • No sales to minors. ID any customer who appears under age and enter their birth date when prompted by the register. • No sales to visibly intoxicated customers. If you have reason to believe that the person is intoxicated you must politely refuse to sell them beer/alcohol. Employee Name: Store Number: 9-e CD • Date: )(oc\,\,1 Beer/Alcohol 'Training Check Off List -Fuel Kiosk Receiving Product: • A current beer/alcohol license must be posted in a visible location for any fuel kiosk to sell beer/alcohol. • Beer/alcohol must be received from an authorized vendor and delivered directly to the fuel kiosk. • The delivery must be on a separate invoice addressed to the fuel kiosk. • Under no circumstance can beer/alcohol invoiced and delivered to the grocery store be transported from the grocery store to the kiosk for storage.. sale.. or any other purpose. Similarly, beer/alcohol invoiced and delivered to the kiosk can never be transported from the kiosk to the grocery store Tor storage sale, or other purpose. • When checking in a beer delivery, verify that all products are 3.2 %. Selling Product: • All fuel station employees should go through the CBT training -pertaining to sales of alcohol. • No sales to minors. 7D any customer who appears under age and enter their birth date when prompted by the register. • No sales to visibly intoxicated customers. If you have reason to believe that the person is intoxicated you must politely refuse to sell them beer/alcohol. Employee Name: Store N umber: Date: 5 12C Beer/Alcohol Training Check Off List -Fuel Kiosk Receiving Product: • A current beer/alcohol license must be posted in a visible location for any ttrel kiosk to sell beer/alcohol. • Beer/alcohol must be received from an authorized vendor and delivered directly to the fuel kiosk. • The delivery must be on a separate invoice addressed to the fuel kiosk.. • Under no circumstance can beer/alcohol invoiced and delivered to the grocery store be transported from the grocery store to the kiosk for storage, sale, or any other mpose. Similarly, beer/alcohol invoiced and delivered to the kiosk can never be transported from the kiosk to the grocery store for story e sale, or other purpose. • When checking in a beer delivery, verify that all products. are .3.2 O/ Selling Product: • All fuel station employees should go through the CBT training pertaining to sales of alcohol. • No sales to minors. ID any customer who appears under age and enter their birth date when prompted by the register. • No sales to visibly intoxicated customers. If you have reason to believe that the person is intoxicated you must politely refuse to sell there beer/alcohol. Employee Name: Store Number: Date: O /70 Beer/Alcohol Training Check Off List -Fuel Kiosk Receiving Product: • A current beer/alcohol license must he posted in a visible location for any fuel kiosk to sell beer/alcohol. • Beer/alcohol must be received from an authorized vendor and delivered directly to the fuel kiosk. • The delivery must be on a separate invoice addressed to the fuel kiosk. • Under no circumstance can beer/alcohol invoiced and delivered to the grocery store be transported from the grocery store to the kiosk for storage, sale, or any other purpose. Similarlyz beer/alcohol invoiced and delivered to the kiosk can never be transported from the kiosk to the grocery store for storage, sale_ or other purpose. • When checking in a beer delivery, verify that all products are 3.2 %. Selling Product: • All fuel station employees should go through the CBT training pertaining to sales of alcohol. • No sales to minors. ID any customer who appears under age and enter their birth date when prompted by the register. • No sales to visibly intoxicated customers. if you have reason to believe that the person is intoxicated you must politely refuse to sell them beer/alcohol. Employee Name:----:<:: Store Number: 0 r 9-0 Date: 0 0/ Beer/Alcohol Training Check Off List -Fuel Kiosk Receiving Product: • A current beer/alcohol license roust be posted in a visible location for any fuel kiosk to sell beer/alcohol. • Beer/alcohol must be received from an authorized vendor and delivered directly to the fuel kiosk. • The delivery muss be on a separate invoice addressed to the fuel kiosk. • Under no circumstance can beer/alcohol invoiced and delivered to the grocery store be transported from the grocery store to the kiosk for storage, sale, or any other purpose. Similarly, beer/alcohol invoiced and delivered to the kiosk can never be transported from the kiosk to the grocery store for storat e, sale, or other purpose. • When checking in a beer delivery, verify that all products are 3.2%. Sella Product: • All fuel stationemployees should go through the CBT training pertaining to sales of alcohol, • No sales to minors. ID any customer who appears under age and enter their birth date when prompted by the register. • No sales to visibly intoxicated customers. If you have reason to believe that the person is intoxicated you must politely refuse to sell them beer/alcohol. Employee Name: Q:� f COAAE Store Number Clap F[>e.\- Crv\e r' Date: )C1— Beer/Alcohol Training Check Off List -Fuel Kiosk Receiving Product: • A current beer/alcohol license must be posted in a visible location for any fuel kiosk to sell beer/alcohol. • Beer/alcohol must be received from an authorized vendor and delivered directly to the fuel kiosk. • The delivery must be on a separate invoice addressed to the fuel kiosk. • Under no circumstance can beer/alcohol invoiced and delivered. to the grocery store be transported from the grocea store to the kiosk for storage. sale, or any other purpose. Similarly, beer/alcohol invoiced and delivered to the kiosk can never be transported from the kiosk to the grocery store for stor ge, sale, or other purpose. • When checking in a beer delivery, verify that all products are 3.2 %. Sell ingYroduct: • All fuel station employees should go through the CBT training pertaining to sale ► of alcohol. • No sales to minors. ID any customer who appears under age and enter their birth date when prompted by the register. • No sales to visibly intoxicated customers. If you have reason to believe that the person is intoxicated you must politely refuse to sell them beer/alcohol. Employee Name: Z-e. c1:„. Store N umber: Q '7' Date: 5 l l ( This is your Official TIPS"' Certification Card. Carry it with you as evidence of your skills and knowledge in the responsible sale and consumption of alcohol. o• Congratulations! By successfully completing the. TIPS (Training for Intervention ProcedureS) pr , you have taken your place in the forefront of a nationwide movement to":..__,je the tragedies resulting from the misuse of alcohol. We value your participation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or colleagues by using the techniques you have learned and taking a positive approach towards alcohol use. If you have any information you think would enhance the TIPS program, or if we can assist you in any way, please contact us at 703-524-1200. Thank you for your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI This is your Official TIPS' Certification Card. Carry it with you as evidence of your skills and knowledge in the responsible sale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) program, you have taken your place in the forefront of a nationwide movement to reduce the tragedies resulting from the misuse of alcohol. We value your participation in the TIPS program. You_will help to provide a safer environment for your patrons, pears and/or ccNIes by using the techniques you have learned and taking a positive .Jh towards alcohol use. If you have any information you think would enhance the TIPS program, or if we can assist you in any way, please contact us at 703-524-1200. Thank you for your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, fICI This is your Official TIPS® Certification Card. Carry it with you as evidence of your skills and knowledge in the responsible sale and consumption of alcohol_ Congratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) program, you have taken your place in the forefront of a nationwide movement to reduce the tragedies resulting from the misuse of alcohol. We value your participation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or colleagues by using the techniques you have learned and taking a positive approach towards alcohol use. If you have any information you think would enhance the TIPS program, or if wean assist you in any way, please contact us at 703-524-1200. Thank you fc' dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI IM!'O.ltr:'1AN"1: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification. card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. 1 Issued: ID#: Off Premise 2/17/2011 2946442 SSN: XXX XX-XXXX Expires: 2/2/2014 XX/XX/XXXX BONNIE FORBES 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online atwww.gettips.com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen_ IrSe • Off Premise Issued: 2/17/2011 ID#: 2946443 SSN: XXX XX-XXXX Expires: 2/2/2014 D.O.B.: XX/XX/XXXX ASHLEE RUSHING 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 62777 IMPORTANT: Keep a copy of this card for your records_ Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. c• • Off Premise issued: 2/17/2011 ID; 2946444 SSN: XXX XX-XXXX Expires: 2/2/2014 D.O.B.: XXIXX/XXXX TYLER WALLER 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 J This is your Official TIPS° Certification Card. marry it with you as evidence of your skills and knowledge in the responsible ;ale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training forIntervention ProcedureS) xrogram, you have taken your place in the forefront ova nationwide movement o reduce the tragedies resulting from the misuse of alcohol. We value your 3articipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or :olleagues by using the techniques you have learned and taking a positive ipproach towards alcohol use. If you have any information you think would enhance the TIPS program, or f we can assist you in any way, please contact us at 703-524-1200. Thank you br your dedication to the responsible sale and consumption of alcohol. Sincerely, aZ- Adam F. Chafetz President, HCI This is your Official TIPS° Certification Card. :any it with you as evidence of your skills and knowledge in the responsible ;ale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) nogram, you have taken your place in the forefront of a nationwide movement o reduce the tragedies resulting from the misuse of alcohol. We value your iarticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or :olleagues by using the techniques you have learned and taking a positive ipproach towards alcohol use_ If you have any information you think would enhance the TIPS program, or f we can assist you in any way, please contact us at 703-524-1200. Thank you 'or your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI This is your Official TIPS* Certification Card. tarry it with you as evidence of your skills and knowledge in the responsible ;ale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) program, you have taken your place in the forefront of a nationwide movement oo reduce the tragedies resulting from the misuse of alcohol. We value your )anticipation in the TIPS program - You will help to provide a safer environment for your patrons, peers and/or :olleagues by using the techniques you have learned and taking a positive ipproach towards alcohol use. If you have any information you think would enhance the TIPS program, or if we can assist you in any way, please contact us at 703-524-1200. Thank you for your dedication to the responsible sale and consumption of alcohol - Sincerely, Adam F. Chafetz President, HCI IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 ID#: 2946445 SSN: XXX XX-XXXX Expires: 2/2/2014 D.O.B.: XX/Mr.:00( JARED ANDREW 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS - For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. • ups Off Premise Issued: 2/17/2011 rpm 2946446 SSN: Expires: D.O.B.: XXX XX--XXXX 2/2/2014 XX/XX/XXXX ROBERT KiLLINGBECK 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records- Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. rim Issued: ID#: Off Premise 2/17/2011 2946447 SSN: Expires: D.O.B.: XXX XX-XXXX 2/2/2014 XX/XX/X)00( WILL CITTA 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 1 :his is your Official '111'Sq' Certification Card. arry it with you as evidence of your skills and knowledge in the responsible le and consumption of alcohol. :ongratulations! By successfully completing the TIPS (Training for,Intervention ProcedureS) og- you have taken your place in the forefront of $ nationwide movement re., the tragedies resulting from the misuse of alcohol. We value your irticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or rlleagues by using the techniques you have learned and taking a positive rproach towards alcohol use. If you have any information you think would enhance the TIPS program, or we can assist you in any way, please contact us at 703-524-1200. Thank you r your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam R Chafetz President, HCI 'his is your Official TIPS' Certification Card. my it with you as evidence of your skills and knowledge in the responsible le and consumption of alcohol. 'ongratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) ogram, you have taken your place in the forefront of a nationwide movement reduce the tragedies resulting from the misuse of alcohol. We value your rticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or ille� ' ,,by using the techniques you have learned and taking a positive rpm..,_ ,,bwards alcohol use. If you have any information you think would enhance the TIPS program, or we can assist you in any way, please contact us at 703-524-1200. Thank you r your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chalets President, HCI 'his is your Official TIPS" Certification Card. my it with you as evidence of your skills and knowledge in the responsible le and consumption of alcohol. !ongratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) ogram, you have taken your place in the forefront of a nationwide movement reduce the tragedies resulting from the misuse of alcohol. We value your irticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or alleagues by using the techniques you have learned and taking a positive iproach towards alcohol use. If you have any information you think would enhance the TIPS program, or we can assist you in any way, please contact us at 703-524-1200. Thank you r y dication to the responsible sale and consumption of alcohol. Sincerely, Adam A Chafetz President, HCI 1NMA'UKIANI Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 ID#: 2946448 SSN: XXX-XX-XXXX Expires: 2/2/2014 DAB.: XX/XX/XXXX ANN HOUSER 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS_ For assistance or additional information, contact Health Communications, Inc. by using the inforrnation provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 mil, 2946449 SSN: XXX-XX-XXXX Expires: 2/2/2014 D.O.B.: XX/XX/XXXX PEGGY RICHARDSON 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. • Off Premise Issued: 2/17/2011 ID#: 2946450 SSN: XXX-XX-XXXX Expires: 2/2/2014 XX/XX/XXXX TONYA LOGUE 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 Phis is your Official TIPS' Certification Card. 'arty it with you as evidence of your skills and knowledge in the responsible ile and consumption of alcohol_ :ongratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) rogram, you have taken your place in the forefront ofa nationwide movement reduce the tragedies resulting from the misuse of alcohol. We value your articipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or olleagues by using the techniques you have learned and taking a positive pproach towards alcohol use. If you have any information you think would enhance the TIPS program, or we can assist you in any way, please contact us at 703-52A-1200. Thank you or your dedication to the responsible sale and consumption of alcohol. Sincerely, a_ Adam F. Chafetz President, HCI This is your Official TIPS' Certification Card. :Iffy it with you as evidence of your skills and knowledge in the responsible ;ale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) program, you have taken your place in the forefront of a nationwide movement to reduce the tragedies resulting from the misuse of alcohol. We value your participation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or :olleagues by using the techniques you have learned and taking a positive approach towards alcohol use. If you have any information you think would enhance the TIPS prognum, or if we can assist you in any way, please contact us at 703-524-1200. Thank you for your dedication to the responsible sale and consumption of alcohol. Sincerely. Adam F. Chafetz President, Ha This is your Official TIPS' Certification Card. Carry it with you as evidence of your skills and knowledge in the responsible sale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training for Intervention Procedures) program, you have taken your place in the forefront of a nationwide movement to reduce the tragedies resulting from the misuse of alcohol. We value your participation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or colleagues by using the techniques you have learned and taking a positive approach towards alcohol use. If you have any information you think would enhance the TIPS program, or if we can assist you in any way, please contact us at 703-52A-1200. Thank you for your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 ID#: 2946451 SSN: XXX XX XXXX Expires: 2/2/2014 XX/XX/XXXX PAUL MYHRE 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Conununications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a repilmment card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 ID#: 2946452 SSN: XXX XX-XXXX ]Expires: 2/2/2014 DAD.: XX/XXJXXXX JAMES BREEDING 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. Thera is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. (-e . Issued: lot Off Premise 2/17/2011 2946453 SSN: XXX XX-XXXX Expires: 2/2/2014 D.O.B.: XX/XX/XXXX BRYON LOGAN 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 .his is your Official '111-W Certification Lard. any it with you as evidence of your skills and' knowledge in the responsible de and consumption of alcohol_ :ongratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) roe ' :i ou have taken your place in the forefront ofl nationwide movement rc . ,,the tragedies resulting from the misuse of alcohol. We value your uticipauon in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or ,lleagues by using the techniques you have learned and taking a positive >proach towards alcohol use. If you have any information you think would enhance the TIPS program, or we can assist you in any way,. please contact us at 703-524.1200. Thank you rr your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F Chafe President, HCX %N VA 6.0 ['his is your Official TIPS Certification Card. any it with you as evidence of your skills and knowledge in the responsible de and consumption of alcohol. ;ongratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) rogram, you have taken your place in the forefront of a nationwide movement reduce the tragedies resulting from the misuse of alcohol. We value your 3rticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or �Ue' )by using the techniques you have learned and taking a positive ?pr`_ . [owards alcohol use. . If you have any information you think would enhance the TIPS program, or "we can assist you in any way, please contact us at 703-524-1200. Thank you ►r your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, }ICI Chis is your Official TIPS® Certification Card. arry it with you as evidence of your skills and lcnowledge in the responsible de and consumption of alcohol. :ongratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) rogram, you have taken your place in the forefront of a nationwide movement reduce the tragedies resulting from the misuse of alcohol We value your anticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or )leagues by using the techniques you have learned and taking a positive iproach towards alcohol use. If you have any information you think would enhance the TIPS program, or "we canassist you in any way, please contact us at 703-524-1200. Thank you rr y(" \ication to the responsible sale and consumption of alcohoL Sincerely, 11V1t'Ul:"1ANI: Keep a copy of this card for your records. Wnte down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact liealth Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 ID#: 2946454 SSN: xxx-xx-xxxx Expires: 2/2/2014 D.O.B.: XX/XXIXXXX JOANN GIVAN 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 l IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 may; 2946455 SSN: XXX XX XXXX Expires: 2/2/2014 D.O.B.: XX000)000( KEEGAN DAVIES 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at Www.gettips.corn Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card- There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Issued: Off Premise 2/17/2011 2945456 SSN: X XX XXXX Expires: 2/2/2014 XX/XX/XXXX LORI MYERS 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 Adam P. Chafetz President, MCI L1his is your Official TIPS® Certification Card. any it with you as evidence of your skills and knowledge in the responsible de and consumption of alcohol. :ongratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) rogtam, you have taken your place in the forefront of a nationwide movement reduce the tragedies resulting from the misuse of alcohol. We value your anticipation in the TIPS program. Youwill help to provide a safer environment for your patrons, peers and/or olleagues by using the techniques you have learned and taking a positive pproach towards alcohol use. If you have any infonnation you think would enhance the TIPS program, or we can assist you in any way, please contact us at 703-524.1200. Thank you or your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI This is your Official TIPS' Certification Card. Carry it with you as evidence of your skills and knowledge in the responsible sale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) program, you have talmn your place in the forefront of a nationwide movement to reduce the tragedies resulting from the misuse of alcohol. We value your participation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or colleagues by using the techniques you have learned and taking a positive approach towards alcohol use. If you have any information you think would enhance the TIPS program, or if we can assist you in any way, please contact us at 703-524-1200. Thank you for your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI This is your Official TIPS' Certification Card. Carry it with you as evidence of your skills and knowledge in the responsible sale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) program, you have taken your place in the forefront of a nationwide movement to reduce the tragedies resulting from the misuse of alcohol. We value your participation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or colleagues by using the techniques you have learned and taking a positive approach towards alcohol use. If you have any information you think would enhance the TIPS program, or if we can assist you in any way, please contact us at 703-524-1200. Thank you for your dedication to the responsible sale and consumption of alcohol. Sincerely, IMPORTANT: Keep a copy of this card for your records. write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. • Issued: ID#: Off Premise 2/17/2011 2946457 SSN: Expires: D.O.B.: XXX XX-XXXX 212/2014 X UXX.00 XX GRAHAM NELSON 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 UV: 2946458 SSN: XXX XX-XXXX Expires: 2/2/2014 D.O.E.: XX/XX/XXXX BETTY TURNER 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.9ettips•com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 1D# 2946459 SSN: Expires: D.O.13.: XXX XX-XXXX 2/2/2014 XX/XX/ QOX CARRIE LOGAN 451 E Wonder View Ave Estes Perk, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy,52777 Adam F. Chafetz President, HCI pis is your Official TIPS' Certiflcatio �n Card. p arrd ie ry it with you as evidence of your skills and knowledge and consumption of alcohol. )nPxratuIatiol'lg! B lesst'ully completing the TIPS (Training for Intervention Pr'ocedureS) gr ; ;you have taken your place in the forefront oea nationwide movement reduce the tragedies resulting from the misuse of alcohol. We value your cticipation in the TIPS program. crs and/or You will help to provide a safer environment for your patrons, ositiae 'leagues by using the techniques you have learned and taking p iproach towards alcohol use. If you have any information you think would enhance the TIPS program, or we can assist you in any way, please contact us at 703-524-1200. Thank you ,r your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President,HCC 'his is your Officlal•TIPS' Certification Card. try it with you as evidence of your skills and knowledge in the responsible de and consumption of alcohol. ,ongratullatioins! By successfully completing the TIPS ('raining for Intervention ProcedureS) ,rogratn you have taken your place in the forefront of a nationwide movement o reduce the tragedies resulting front the misuse of alcohol. We value your pit" ation in the TIPS program. crs and/or i11 help to provide a safer environment for your patrons, pe coico ties by using the techniques you have learned and taking a positive approach towards alcohol use. ern, or If youhaveany information you contact us at 703 524 1 00.Thank you if we can assist you in any way, please for your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI ilvirv,aa t3A.- -- your certification number because you will need it when contacting ... for assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. e Off Premise Issued: 2/17/2011 1Dik 2946440 SSN: XXX XX XXXX )expires: 2/2/2014 u.O.B.: XX/)WXXXX SANDRA GRiCE 451 E Wonder View Ave Estes Park, CO 80517-9847 For service visit us online at www.gettps,com Jeanne McEvoy, 52777 IMPORTANT, Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS, For assistance or additional information, contact Health Communications, Inc. by using the information provided replon acement erse card� your of ootiginal card certificationur card. Thera is a•minimal charge for becomes lost, damaged or stolen. lillg Off Premise Issued: 2/17/2011 2946458 BETTY TURNER 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.9ettlPs•com Jeanne McEvoy. 52777 SSW: XXX XX-XXXX Expires: 2/212014 D.O.B.: XX/XX/XXXX fhis is your Official TIPS® Certification Card. :any it with you as evidence of your skills and knowledge in the responsible ale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training for lr\te►vention ProcedureS) grogram, you have taken your place in the forefront of a nationwide movement o reduce the tragedies resulting from the misuse of alcohol. We value your participation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or .olleagues by using the techniques you have learned and taking a positive approach towards alcohol use. If you have any information you think would enhance the TIPS program, or f we can assist you in any way, please contact us at 703-524-1200. Thank you or your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F Chafetz President, HCI EVIPORTANT:Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. 1 or assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. Theme is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. r rose � Off Premise issued: 2/17/2011 ID#: 2946442 SSN: XXX XX-xxxx Expires: 2/2/2014 D.O.B.: XX/XX/XXXX BONNIE FORBES 451 E Wonder View Ave Estes Park, CO 60517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 fhis is your Official TIPS' Certification Card. :arry it with you as evidence of your skills and knowledge in the responsible :ale and consumption of alcohol. Congratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) program, you have taken your place in the forefront of a nationwide movement :o reduce the tragedies resulting from the misuse of alcohol. We value your ,anticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or :olleagues by using the techniques you have learned and taking a positive approach towards alcohol use. If you have any information you think would enhance the TIPS program, or if we can assist you in any way, please contact us at 703-524-1200. Thank you For your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam E Chafetz President, MCI ti IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, $nc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 2946444 SSN: Expires: W.O.B.: xxx-xx-xxxx 2/2/2014 XWXX/XXXX TYLER WALLER 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips_com Jeanne McEvoy, 52777 ['his is your Official TIPS°° Certification Card. arry it with you as evidence of your skills and knowledge in the responsible do and consumption of alcohol. ;ongratulations! By successfully completing the TIPS (Training fqr Intervention ProcedureS) ref''you have taken your place in the forefront of a nationwide movement re _itthe tragedies resulting from the misuse of alcohol. We value your anticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or olleagues by using the techniques you have learned and taking a positive pproach towards alcohol use. If you have any information you think would enhance the TIPS program, or we can assist you in any way, please contact us at 703-524-1200. Thank you )r your dedication to the responsible sale and consumption of alcohol. Adam F. Chafetz President, Ha 1.1 kMJK IA1N'I: Keep a copy of this card for your records. wnte down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification Card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. i6 19� Issued: ID# Off Premise 2/17/2011 2946451 SSN: XXX XX XXXX Expires: 2/2/2014 U.O.B.: XX/XX/XXXX PAUL MYHRE 451 E Wonder View Ave Estes Park, CO 80517.9E47 For service visit us online at www.gettlps.com Jeanne McEvoy, 52777 1 [his is your Official TIPS°" Certification Card. tarry it with you as evidence of your skills and knowledge in the responsible ale and consumption of alcohol. 7.ongratulations! By successfully completing the TIPS (Training far Intervention ProcedureS) ,rogram, you have taken your place in the forefront of a nationwide movement o reduce the tragedies resulting from the misuse of alcohol. We value your tarticipation in the TIPS program. Ill help to provide a safer environment for your patrons, peers and/or toll. IS by using the techniques you have learned and taking a positive reproach towards alcohol use. If you have any information you think would enhance the TIPS program, or if we can assist you in any way, please contact us at 703-524-1200. Thank you for your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, • Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. 1115S, Oft Premise issued: 2/17/2011 ID#: 2946452 SSN: XXX XX-XXXX Expires: 2/2/2014 D.O.S.: XX/XX/XXXX JAMES BREEDING 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettlps.com Jeanne McEvoy, 52777 his is your Official TIPS' Certification Card. rry it with you as evidence of your skills and knowledge in the responsible .e and consumption of alcohol. ongratulations! By successfully completing the TIPS (Training foo,Intetvention ProcedureS) )gram, you have taken your place in the forefront ore nationwide movement reduce the tragedies resulting from the misuse of alcohol. We value your rticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or lleagues by using the techniques you have learned and taking a positive proach towards alcohol use. If you have any information you think would enhance the TIPS program, or we can assist you in any way, please contact us at 703-524-1200. Thank you r your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI 111V1<11'UK'IA1N't: Keep a copy of this cars tor your recoins. wnte aown your certification number because you will need it when contacting TIPS_ For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. 'there is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. . Off Premise Issued: 2/17/2011 );1p#: 2946448 SSN: xXX XX-XXXX Expires: 2/2/2014 p_O.E,: XX/XX/XXXX ANN HOUSER 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online atwww.gettips.com Jeanne McEvoy, 52777 'his is your Official TIPS° Certification Care any it with you as evidence of your skills and knowledge in the responsible Ile and consumption of alcohol. ;ongratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) -ogram, you have taken your place in the forefront of a nationwide movement reduce the tragedies resulting from the misuse of alcohol. We value your rrticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or )lleagues by using the techniques you have learned and taking a positive pproaeh towards alcohol use. If you have any information you think would enhance the 'MS program, or we can assist you in any way, please contact us at 703-524-1200. Thank you it your dedication to the responsible sale and consumption of alcohol_ Sincerely, Adam F. Chafetz President, HCI IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Off Premise Issued: 2/17/2011 113#: 2946450 SSN: Expires: XXX XX-XXXX 2/2/2014 XX/XX/XXXX TONYA LOGUE 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 J its is your Official '1'I1" S Certification Card. ry it with you as evidence of your skills and knowledge in the responsible : and consumption of alcohol. ►ngratulations! By successfully completing the TIPS (Training for Intervention ?r'ocedureS) gra• 'u have taken your place in the forefront of'a nationwide movement edu tragedies resulting from the misuse of alcohol. We value your ticipation in the TIPS program. You will help to provide a safer environment for your patrons, peers and/or leagues by using the techniques you have learned and taking a positive Broach towards alcohol use. If you have any information you think would enhance the TIPS program, or re can assist you in any way, please contact us at 703-524-1200. Thank you your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCt his is your Official TIPS" Certification Card. -ry it with you as evidence of your skills and knowledge in the responsible and consumption of alcohol. 3ugrratulations! By successfully completing the TIPS (Training for Intervention ProcedureS) ,gram, you have taken your place in the forefront of a nationwide movement :educe the tragedies resulting from the misuse of alcohol. We value your ueipalion in the TIPS program. Yo,, help to provide a safer environment for your patrons, peers and/or lei )y using the techniques you have learned and taking a positive ?maul towards alcohol use. If you have any information you think would enhance the TIPS program, or we can assist you in any way, please contact us at 703-524-1200. Thank you your dedication to the responsible sale and consumption of alcohol. Sincerely, Adam F. Chafetz President, HCI martini IIt ic.nep a copy or erns catu rue your .evv;ua. ♦•rrlu uVvN,. your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. Oft Premise Issued: 2/17/2011 ID* 2946457 SSN: xXX. XX-XXXX Expires: 2/2/2014 L7.O.Ii.: XX/XX/XXXX GRAHAM NELSON 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 IMPORTANT: Keep a copy of this card for your records. Write down your certification number because you will need it when contacting TIPS. For assistance or additional information, contact Health Communications, Inc. by using the information provided on the reverse side of your certification card. There is a minimal charge for a replacement card if your original card becomes lost, damaged or stolen. li S Off premise SSN: XXX-XX-XXXX Issued: 2/17/2011 Expires: 2/2/2014 Of: 2946456 L).O.S.t XX/XX/XXXX LORI MYERS 451 E Wonder View Ave Estes Park, CO 80517-9647 For service visit us online at www.gettips.com Jeanne McEvoy, 52777 Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Director Dave Shirk, Planner Date: September 27, 2011 4 EP TOWN OF ESTES PAR[ COMMUNITY DEVELOPMENT RE: Amend the Amended Condominium Map, East Riverwalk Center Condominiums, Unit B, Building 1, Scott Carter/Applicant. Background: The Time -Out Sports Bar has created an outdoor seating area on the Riverwalk. This amended condominium map will revise the ownership/maintenance of that area from "General Common Element" (owned/maintained by the association) to "Limited Common Element (owned/maintained by the sports bar). Staff issued the building permit earlier this summer, and considers this plat "housekeeping." Budget: N/A Staff Recommendation: Planning Division Staff recommends approval conditional to: 1. The required Attorney Certificate shall verify that the applicable provisions of the Condominium Declaration provide that seventy percent of the ownership of the Condominium have the authority to execute the Dedication for the amendment (per Town Attorney White). Sample Motion: I move to approve Amendment to the Amended Condominium Map of East Riverwalk Center Condominiums subject to the conditions recommended by Staff. Page 1 Memo T Honorable Mayor Pinkham Board of Trustees Town Administrator Ha!burnt From: Alison Chilcott, Director Dave Shirk, Planner Date: September 27, 2011 i fP TOWN OF ESTES PARIc, COMMUNITY DEVELOPMENT RE: Supplemental Condominium Map Units 610 & 612, Park River West Condominiums, Phase XXV — Richard Wille/Applicant. Background: The Richard H. Wille Trust has submitted a supplemental condominium map application for Park River West Phase XXV. Phase XXV consists of two units, Units 610 and 612. The site is adjacent to River Rock Condominiums on Moraine Avenue (CO Highway 36). Lots 1 and 2 of the Park River West Subdivision are zoned RM—Multi-Family Residential. The condominium map is consistent with the approved development plan. An as -built development plan is required once construction of improvements is completed. The Town Board approved a Supplemental Condominium Map for Park River West Phase XXIV in October 2008; five units remain to be built and condominiumized. Budget: N/A Staff Recommendation: Planning Division Staff recommends approval. Sample Motion: I move to approve Supplemental Condominium Map Units 610 and 612, Park River West Condominiums Phase XXV Page 1 PPM Ahdi E- a Rh c na. uvo.0ce•c Irzha,w 5777.. 9 717.1.6w,.._ u&S w/ �• a.e I,sno a, 71.5-73 i a 0 091 �S HON5 tc dS g�S�1]S b Yl 15 P o s Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt A ER TOWN OF ESTES PARK Community Development From: Alison Chilcott, Community Development Director Date: September 27, 2011 RE: Ordinance 19-11 Amendments to the Estes Valley Development Code — Amending sections of the EVDC to address Religious Land Use & Institutionalized Persons Act (RLUIPA) and Private Schools Background: RLUIPA This is a proposal to amend the Estes Valley Development Code to address RLUIPA, a federal law passed in 2000. This law is applicable to local land use regulations involving religious assemblies and institutionalized persons. The provisions of this law and court decisions concerning this law have caused local governments to examine local ordinances related to religious assemblies and, if appropriate, revise those ordinances. Religious assemblies should not be held to a higher standard than other assembly uses with similar impacts. PRIVATE SCHOOLS The Estes Valley Development Code currently has limited development standards for private schools. Private schools have been allowed in all residential zoning districts as a use -by -right. This could result in development of private schools that are incompatible with the surrounding area. For example, • Private schools can be established on any residential lot regardless of size; • Private schools under 2,000 square feet that have fewer than ten parking spaces do not require landscaping; and • There is no maximum impervious coverage or floor area ratio. Note: Public schools are subject to location and extent review, i.e., the Town serves in an advisory capacity only. CODE AMENDMENTS Code revisions are drafted to provide clear development standards and review processes that: • Are consistent with the purpose and character of the zoning districts; and Page 1 • Are compliant with RLUIPA. The attached amendments allow schools and religious assemblies as a use -by -right in the CO and A zoning districts, and by special review in the R-2 and RM zoning districts. The vast majority, if not all, religious assemblies and schools in the Estes Valley, are located in these zoning districts. The Town Board identified this as a Priority Level 2 in November 2009, i.e. a future need exists to change the code in the next three to five years. Attached are: • Exhibit A (proposed code language); • July 19, 2011 Planning Commission minutes (RLUIPA/School section only). This was presented as a Town Board report on August 23, 2011. Budget: N/A Planning Commission Recommendation: On July 19, 2011, the Estes Valley Planning Commission: Conducted a public hearing on this issue; • Found that the proposed text amendments to the Estes Valley Development Code comply with review standards set forth in Section 3.3.D; and • Voted (6-0, with one vacant position) to recommend that the Town Board of Trustees and the Board of County Commissioners approve the amendments. Sample Motion: I move for the approval/denial of Ordinance 19-11. Page 2 ORDINANCE NO. 19-11 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE, TABLES 4-1, 4-4, 5-1, and 5-2 IN SECTIONS 4 AND 5, AND SECTIONS 5.1 AND 13.2 TO ADDRESS RELIGIOUS LAND USE AND INSTITUIONALIZED PERSONS ACT (RLUIPA) AND PRIVATE SCHOOLS WHEREAS, the Estes Valley Planning Commission has recommended an amendment to the Estes Valley Development Code; and WHEREAS, said amendments to the Estes Valley Development Code are set forth on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the amendments to the Estes Valley Development Code, set forth on Exhibit "A" and recommended for approval by the Estes Valley Planning Commission be approved. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Estes Valley Development Code shall be amended as more fully set forth on Exhibit "A." Section 2: This Ordinance shall take effect and be enforced thirty adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE PARK, COLORADO, THIS DAY OF , 2011. (30) days after its TOWN OF ESTES TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of , 2011 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of _ , 2011, all as required by the Statutes of the State of Colorado. Jackie Williamson, Town Clerk ORDINANCE 19 -11 EXHIBIT A Table 4-1 Permitted Uses: Residential Zoning Districts Use Classification Specific Use Additional Regulations (Apply in All Districts Unless Otherwise Stated) "S" = Permitted by Special Review "—" = Prohibited RE-1 RE E-1 E R R-1 R-2 RM - G x d `� :( S � "" 4} fPu�� Y C ��'2 � f �X � 4 � t U � 4 E �� 3.v�^i2�fi ''"'t>` . I �s�Y/y v'€"�� �NYIF.•�.5�"i✓%h%, Religious Assembly — — — — — — —S S §5.1.0 Schools P P- — P- P- — P- P- E S — S — §3.13, Location & Extent Review Use Classification Table 4-4 Permitted Uses: Nonresidential Zoning Districts Specific use Nonresidential Zoning Districts "P" = Permitted by Right ._ "S" = Permitted by Special Review "—" = Prohibited A A-1 CD CO 0 CH I-1` Additional Regulations (Apply in All Districts Unless Otherwise Stated) Civic, Social, or Fraternal Membership Clubs, Lodges, or Associations SP — — P — — — Religious Assembly SP — — P — — — §5.1.0 Schools SP — — — p — — — §3.13, Location & Extent Review Table 5-1 Accessory Uses and Structures Permitted in the Residential Zoning Districts Accessory Use Residential Zoning District "Yes" = Permitted RE-1 RE E-1 E' R "No" = Not Permitted R-1 R-2 RM Additional Requirements Private Schools No No No No No No No Yes Yes As accessory to a permitted religious assembly use only; §5.1.0 Ordinance 19 -11 Exhibit A September 27, 2011 Town Board Page 1 of 2 Table 5-2 Accessory Uses Permitted in the Nonresidential Zoning Districts Nonresidential Zoning District "Yes" = Permitted ' No" = Not Permitted A A-1 CD CO 0 CH Additional Conditions Day Care Center Yes No No Yes No No No .S5.1.F; 5.1.0; as accessory to a permitted religious assembly use Private Schools Yes No No Yes No No No As accessory to a permitted religious assembly use only; 5.1.0 Religious Assembly. 1. Caretaker Quarters. A single-family dwelling unit, located on the same lot as the religious assembly use, and occupied by the facility's pastor, minister, rabbi or similar leader, may be permitted as an accessory use to the facility. See §5.2.C.2.a for additional regulations applicable to accessory caretaker quarters use. 2 Special Rcvicw Required. Special review shall be required for any religious assembly facility that contains fivo thousand (5,000) or more square feet of grossfloo 2. Schools and Day Care Centers as Accessory Uses: a, school or day care facility. Accessory schools and day care centers must comply with the specific use standards in §5.1.F. (Ord. 6-06 §1) 13.2 .0 Use Classification/Specific Use Definitions and Examples 40. Religious Assembly. Facilities A place of assembly for religious worship and incidental religious education. Typical accessory uses, include but are not limited to, day care centers and private schools. Ordinance 19 -11 Exhibit A September 27, 2011 Town Board Page 2 of 2 4 P Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt From: Alison Chilcott, Director Dave Shirk, Planner Date: September 27, 2011 RE: TOWN OF ESTES PARK Community Development Ordinance # 20-11, Rezoning Request from CO —Commercial -Outlying to A-1—Accommodations, Lot 1, Witt Subdivision, 900 W. Elkhorn Avenue, Robert Fixter/Applicant. Background: This is a request to rezone a parcel from CO —Outlying Commercial to A-1— Accommodations/Low-Intensity. The applicant intends to covert the existing house to a small hotel, with a change of use permit. The house was built in the mid-1990s, is approximately 10,000 square feet in size, and contains eight bedrooms and 8.5 baths. Small hotels are a permitted use in the A-1 zoning district and are limited to eight guest rooms. The change of use will trigger compliance with applicable development code requirements, such facilities, and applicable building code requirements, such as sprinkling. Budget: N/A as adequate public Planning Commission Recommendation: On September 20, 2011, the Estes Valley Planning Commission unanimously recommended approval of the application, with one absent and one vacancy, with the following condition: 1. Prior to issuance of a business license, a Change of Use permit shall be obtained from the Division of Building Safety. This may require additional site work to address EVDC parking requirements and requires compliance with comments described in memos from: a. Chief Building Official, dated 2011.09.05. b. Utilities and Public Works, dated August 5, 2011. c. Upper Thompson Sanitation District, dated August 3, 2011. Sample Motion: I move to approve/deny Ordinance #20-11. Page 1 ORDINANCE NO. 20-11 AN ORDINANCE AMENDING THE ESTES VALLEY DEVELOPMENT CODE TO REZONE LOT 1 OF THE WITT SUBDIVISION LOCATED AT 900 W. ELKHORN AVENUE WHEREAS, the Estes Valley Planning Commission has recommended rezoning a Lot 1 Witt Subdivision, located at 900 W. Elkhorn Avenue, from CO Commercial Outlying to A-1 Accommodations; and WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is in the best interest of the Town that the recommended zoning change be granted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The zoning Lot 1 Witt Subdivision, located at 900 W. Elkhorn Avenue, shall be changed from CO Commercial Outlying to A-1 Accommodations. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS 27th DAY OF SEPTEMBER, 2011. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the 27th day of September, 2011 and published in a newspaper of general circulation in the Town of Estes Park, Colorado, on the day of , 2011, all as required by the Statutes of the State of Colorado. Town Clerk Memo To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN of EST PARI Administration From: Lowell Richardson, Deputy Town Administrator Date: 9/27/2011 RE: Bond Park / MacGregor Avenue Change Order Background: Staff is presenting to the Town Board the repair option selected at the previous Town Board meeting held, September 13, 2011. Staff has involved the contractor, Cornerstone staff, along with RG and associates and HP Geotech seeking recommendations for stabilizing subgrade soils. The option selected requires the following steps: 1) Remove sand and pavers 2) Remove base course 3) Remove all unstable subgrade material 4) Replace poor subgrade with 18" of crushed recycled concrete and 12" of import fairgrounds material and geotextile material 5) Install 12" of base course material 6) Reinstall sand and pavers The engineering design firm, RG and Associates, was directed to initiate a redesign for construction of MacGregor Ave. Their design and memo is attached. Included is an updated spreadsheet of the project costs and approved change orders. To date amounts expended from the two funds for this project (Community Reinvestment and Open Space) total $823,394. This leaves a remaining balance of $22,107 of the original approved budget of $845,501. Due to unstable subgrade soils recommended solutions to repair MacGregor Ave is to install crushed recycled concrete and geo grid material. The crushed concrete serves as ground water and surface water drainage to the road while the geogrid material serves as stabilization for the road. Budget: Community Reinvestment Fund MacGregor Ave Repairs $181668 Contingency $18,166 Design Fees $13,222 $215,056 Staff Recommendation: Staff recommends approving the amount requested to complete Phases I & III of the Bond Park Project for the purpose of repairing MacGregor Avenue. Sample Motion: I move to approve/deny completing the repairs to MacGregor Ave in the amount of $215,056 and the funds to be allocated from the Community Reinvestment Fund to effect the repairs. ANC ASSOCIATES, LLC rd Road, Suite 100 Wheat Ridge, CO $Ot13: 81Q7 P 3O3 793.8106 (r 4 O rr ea }iieers.com MEMO Date: September 21, 2011 To: Town of Estes Park From: Gary E; Welp, P.E., CFM RGA Job No. 951.0007 RE: MacGregor Avenue Paver Street Re -Construction BACKGROUND RG and Associates, LLC (RGA) was directed by the Town of Estes Park (Town) to provide a recommendation for the re -construction of MacGregor Avenue paving that has failed and has unacceptable settlement in the roadway areas overlaid by pave stones. The Bond Park Improvements Phase I and III project titled "Final Construction Drawings Estes Park Bond Park Improvements Phase I and Phase II1" involved the following organizations: Design Plans RGA and Associates; LLC Winston Associates Architectural Engineering Design Group, LLC Avocet Irrigation Design a Design Survey Glorso Mapping Services, LLC • Geotechnical Recommendation Hepworth-Pam/talc Geotechnical, Inc. • Construction General Contractor Cornerstone Engineering and Surveying, Inc. ■ Construction Geotech Testing Terracon Consultants, Inc. • Construction Inspection Town of Estes Park CONSTRUCTION PLANS AND SPECIFICATIONS The Construction Bid Set titled "Final Construction Drawings Estes Park Bond Park Improvements Phase I and Phase III," dated February 2011, will still be applicable (including as amended or revised) to the MacGregor Avenue Paver Street Re -Construction Project. See the following sheets from that plan set: ® Sheet C-2 and C-4 ■ Sheet C-6 to C-8 • Sheet C-12, C-13 and C-14 (as amended in the field) • Sheet L-1, L-3 and L-4 Memo: MacGregor Avenue Paver Street Re -Construction Septembyz3,z011 Page The Construction Specifications titled "Bond Park Improvements, Phase | and Phase III Town of Estes Park Colorado," dated February 2011, will still be applicable (including as amended or revised) to the MacGregor Avenue Paver Street Re -Construction Project. See the following sections from the project = par 2General Provisions • Part 3Special Provisions Sections QlUlT-3^010ll-St001O1l-8,01011'll,0lU1l48toO10ll- 3D,0l011-3],and 0101l-3StoU1011,'38 m Part 4Technical Specifications 02289 EXCAVATION AND GRADING 02210 FINISH GRADING 027&U INTERLOCKING CONCRETE UNIT PAVERS 82701 STONE PAVING 015508 MAINTENANCE OFTRAFFIC AND DETOURS 815700 SEDIMENT AND EROSION CONTROL 311000 SITE CLEARING 313000 DUST CONTROL 320117 MANHOLE AND VALVE BOX ADJUSTMENT 321123 BASE COURSE 331000 EARTHWORK -PIPELINES 334000 STORM SEWER CONSTRUCTION ° Part SGeutechnka>Engineering Study Special Attention needs tobe given tothe sections mportions of sections relative to proof rolling, inspections and documentation. The fnUuvvng pages of the specifications a re Very specific and need to be followed and documented accordingly: • Special Provision Section 01O11`32,pages SP-6and 5P-7 = Technical SpecificationsOJ7O0 Section l.06Project / Site Conditions w Technical SpecificationsO278O Section 218Bedding and Joint Sand " Technical SpecificationsO278O, Section 3.0 Examination with emphasis nn].O1'F relative to certification nfsub-surface conditions • Geotechnica|Recommendation page 9SVbgradeSoils a Geotechnical Recommendation page I 1Subgrade Preparation and Proof Rolling RECOMMENDATION We have reviewed the gcuvec/nica| investigationperformedafkr the completion of construction, have had conversations and meetings with the contractor and Town staff, Town Board members and, therefore, offer the following recommendations for the re -construction of the MacGregor Avenue Pave Stone section: xAnos ' Town ofEstes Recommendation Memo xauodoc MSS-S9S-0L6 - /AS6. 00 9NYd MISS - SAY N0.99NO9gf 0U k ORIYd SS4S2 d0 NA10.L 91MYtl0'1310410-31.0 9 Ne3 NOIAYJUIN3A 31V5S cc Q a. ■L8 W 1- a z cc W H J Q SNOIS$SU jj1'S]lvi)OSSy arav 98 1 Sr. is 2.3 ��o 6 i F� R§� 5� g � g£n 13.a. � � Ib 6 6 85 6 Vs 6 W p _ g tj- W 0 1— r Z W cc IPPPPi p m O Sm SNOI,LOSS 7YOIdd,L ONY SSI,LLLVYIIb NOU3D121dSNO38N INNS SAYd SIINSAY N019S0Mil is m� • ��z LY as � < 7 { .15g ,tpf%z �` 8�g Ski 5'5 pcim �� ''612 FN5iNO*TANONE,Reaca,-..OVEN.N.NN.SIAINT.ENTOon :.T.7.33.01ETO ----- -------- ----------- 11,0111 0000, 51 51 A> 5 r NacGBEGOR AVENUE PAVE STONE RE-CONSTROCTION OVERALL UTILITY PLAN RG AND ASSOCIATES, LLC REVISIONS EESCEmnON xissincrQs 0e002—or0=00 0:.) 811 (p.n. In* 1.4.• SCALE VERIFICATON BM IS ONE INCI.1 ON CROW MANG ONIE IF NOT ONE INCII ON NaS SWAT SCJIF ACCONONELT TOWN OF ESTES PARE ITO IllosCRCCOR AVE - EST= !URIC CO OOSIT - A70-680-6331 range Order # 4 Town of Estes Park FOWN OF SITS PAR lc Public Works Department CHANGE ORDER as of (date): September 27, 20 11 PROJECT NAME: Bond Park Improvements Phase 1 and III Contractor: RG and Associates, LLC Original Contract Value: $68,500 Address: 4875 Ward Road, Suite 100 Wheat Ridge, CO 80033 The contractor hereby agrees to comply with the following changes and/or additions to the contract plans and specifications. Upon Contractor and Owner approval, the work and contract documents for this Project will be adjusted to include the following: Description of Changes & Work (list) Value of Change (attach drawing, detail, page #, etc.) SEE ATTACHED DETAILS $13,220 Adjustments to Contract Price Contract Total including Change Order # 4 $ 103,120 Adjustments by this Change Order (# 4) $ 13,220 Contract Total to Date: $ 89,900 Contract Time expires on: APPROVED BY: RG and Associates, LLC Town of Estes Park By: By: Title: Title: Date: Date: Days Ais document will become supplemental to the Contract and all provisions will be included. Change Order, Page 1 of 1 Town of Estes Park l cIYWN of ESTES PARK Public Works Department CHANGE ORDER change Order # 19 as of (date): September 27, 20 11 PROJECT NAME: Bond Park Improvements Phase I and III Contractor: Cornerstone Construction Concepts, Inc. Original Contract Value: $845,501 Address: 1692 Big Thompson Avenue, Suite 201 Estes Park, CO 80517 The contractor hereby agrees to comply with the following changes and/or additions to the contract plans and specifications. Upon Contractor and Owner approval, the work and contract documents for this Project will be adjusted to include the following: Description of Changes & Work (list) Value of Change (attach drawing, detail, page #, etc.) SEE ATTACHED DETAILS $199,834 Adjustments to Contract Price Days Contract Total including Change Order # 19 $ 1,045,335 Adjustments by this Change Order (# 19 ) $ 199,834 Contract Total to Date: $ 823,394 Contract Time expires on: APPROVED BY: Cornerstone Construction Concepts, Inc. Town of Estes Park By: By: Title: Title: Date: Date: ,iis document will become supplemental to the Contract and all provisions will be included. Change Order, Page 1 of 1 To: Honorable Mayor Pinkham Board of Trustees Town Administrator Halburnt TOWN of ESTES PART. From: Bo Winslow, Fairgrounds and Events Manager Date: September 27, 2011 RE: Resolution #11-11 Surprise Sidewalk Sale October 8th and 9th Background: The Surprise Sidewalk Sale has become a much -anticipated shoulder -season event in Estes Park. It is always scheduled for the weekend before Columbus Day, which means this year's activities will be from 9 a.m. to 5:30 p.m. October 8th and 9t . The Surprise Sidewalk Sale is open to all Estes Park businesses, even if they are not located in the downtown area. The sale is advertised locally, as well as in Front Range markets. A copy of the invitation to participate/event guidelines is attached. Advertising is ready to go for this event and will be out to the public as soon as the event is approved. Section 4.4 D.1.a. of the Estes Valley Development Code prohibits outdoor sales and displays in the CD Zoning District except for municipal events approved by the Board of Trustees. Therefore, it is necessary for the Town Board to approve a variance to allow this sale to occur. The proposed resolution is attached. The section of the sign code that applies to the Sidewalk Sale is 17.66.170: Community Special Events Signs and Stanley Park Special Event Signs. For Town -sponsored special events, there is a provision that the Sidewalk Sale as an event be advertised on a sandwich board, but that provision does not extend to private businesses. Business owners will be educated on the regulations. Budget: Many Estes Park businesses will be contacted by e-mail; however, we anticipate there will be up to $50 spent on postage for those who do not utilize computers. Staff time required for the printing and distribution of information and posters will be about $100. Staff Recommendation: Staff recommends approval of the resolution. Sample Motion: I move for the approval/denial of Resolution #11-11, granting a variance to allow the Surprise Sidewalk Sale to occur on October 8 and 9, 2011. RESOLUTION NO. 11-11 WHEREAS Section 4.4 D.1.a. of the Estes Valley Development Code prohibits outdoor sales and displays in the CD Zoning District except for municipal events approved by the Board of Trustees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following guidelines shall be adopted for the "Surprise Sidewalk Sale Days" being sponsored by the Events Department that is scheduled October 8th and 9th, 2011: 1. Hours of operation shall be from 9 a.m. — 5:30 p.m. 2. The Sale Weekend is available to all Estes Park businesses. 3. The Sale Weekend will be held rain or shine. 4. Businesses will be allowed to sell merchandise in front of their stores only during the hours specified above. 5. Sidewalk displays, including signage, shall provide a minimum clearance of four feet for pedestrian ways and handicapped accessibility. Displays and/or merchandise will not be allowed in any street. 6. Those merchants without sidewalk frontage may contact the Events Department at 586-6104 to reserve a space in Bond Park 7. Advertising posters will be provided. 8. All participating businesses must possess a current Town Business License. BE IT FURTHER RESOLVED, that every business is urged to participate in this Surprise Sidewalk Sale Days annual event. DATED this day of , 2011. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk TOWN OF FETES PAR Memo To: The Honorable Mayor Pinkham and Town Trustees Town Administrator Halburnt From: Reuben Bergsten, Utilities Director Date: 27 September 2011 RE: LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) METERED FUEL VENDOR AGREEMENT Background: The Town of Estes Park Light and Power Department provides financial assistance to low income customers for winter heating bills through the Colorado Low Income Energy Assistance Program (LEAP). Last year over $18,700 was distributed through the LEAP program. Applications for assistance are available at the utility billing windows, Crossroads Ministry and the Salud Family Health Center. To continue this program the Town must enter into an agreement with the Colorado Department of Human Services which supervises the program (attached). Budget: n/a Staff Recommendation: Staff recommends acceptance of the LEAP agreement. Sample Motion: I move for the acceptance/denial of the LEAP agreement. Page 1 LiI .Ve i HS o intt g :mi 2011-2015 APPROVED METERED FUEL VENDOR DATA INFORMATION 1. Enter the complete vendor/business name: Town of Estes Park 2. Enter the company FEIN (Federal Identification Number): 84-6000661 3. Enter the business mailing address (including zip code): PO Box 1200, Estes Park, GO 80517-1200 4: Enter the name of the LEAP contact for your business Debbie Holgorsen 5. Enter email address for contact named above:' dholgorsen@estes.org (You may enter more than one contact) 6. Enter the business telephone number for contact: 970-577-3568 7. Enter the business fax number for contact: 970-577-3573 Please place a check by the Colorado county(s) which your business serves either fully or partially: (01) Adams _ (22) Fremont (43) Montrose (02) Alamosa (23) Garfield (44) Morgan (03) Arapahoe (24) Gilpin _ (45) Otero (04) Archuleta __._ (25) Grand (46) Ouray (05) Baca (26) Gunnison _ (47) Park (06) Bent (27) Hinsdale _ (48) Phillips (07) Boulder XX (28) Huerfano _ (49) Pitkin (08) Chafee — (29) Jackson _ (50) Prowers (09) Cheyenne (30) Jefferson (51) Pueblo (10) Clear Creek (31) Kiowa _ (52) Rio Blanco (11) Conejos _ (32) Kit Carson _ (53) Rio Grande (12) Costilla (33) Lake _ (54) Routt (13) Crowley (34) La Plata _ (55) Saguache (14) Custer — (35) Larimer XX (56) San Juan (15) Delta — (36) Las Animas _ (57) San Miguel (16) Denver (37) Lincoln _ (58) Sedgwick (17) Dolores (38) Logan (59) Summit (18) Douglas (39) Mesa _ (60) Teller (19) Eagle (40) Mineral _ (61) Washington (20) Elbert _ (41) Moffat (62( Weld (21) El Paso _ (42) Montezuma (63) Yuma (80) Broomfield 8. Please place a check by the type(s) of fuel service provided by your business: Natural Gas: Electric: XX Page 1 of 11 LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP) METERED FUEL VENDOR AGREEMENT Agreement made this day of , 20 by and between the State of Colorado, Department of Human Services (hereinafter referred to as the State) and [Vendor name and address] Town of Estes Park, PO Box 1200, Estes Park, CO 80517-1200 (hereinafter referred to as Vendor or Contractor). WHEREAS, Title XXVI of the Low -Income Home Energy Assistance Act of 1981 (P.L. 97-35) provides for Home Energy assistance to Eligible Households; and WHEREAS, The parties hereto desire to establish an arrangement to carry out the provisions of this Act and to assure that funds available under this Act are used in accordance therewith. NOW, therefore it is hereby mutually agreed: I. The following definitions shall apply in the interpretation of this Contract: A. "Household" or "Eligible Household" is one that has applied for energy assistance and for whom the Vendor has been notified by the County LEAP Office that payment will be made to the Vendor on behalf of the Household; B. "Home Energy" shall include electricity, fuel oil, natural gas, coal, propane, wood, kerosene, or any other fuel used for heating a residential dwelling; C. "County Department" means the County Department of Human/Social Services of a particular county as designated by the State (for the purposes hereof, when the County Department is so designated by the State, the Contractor may consider, interact, and deal with such County Department as the authorized agent of the State); D. "Non -Bulk Fuel" is an energy source for home heating, which is provided by a utility company and is regulated and metered by the utility company. Normally, non -bulk fuel includes natural gas and electricity; E. "Bulk Fuel" is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the Household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil; F. "Primary Heating Fuel" is the main type of fuel used to operate the primary heating source of the dwelling; G. "Home Heating Costs" are charges directly related to the primary heating source used in a residential dwelling; H. "Estimated Home Heating Costs" (EHHC) are the amount of heating costs incurred during the previous heating season to be used as an estimate or projection of the anticipated heating costs for the current heating season (November 1st through April 30th). Such costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to fuel prices and consumption levels. Estimated home heating costs for an Applicant Household shall consist of the total actual home heating costs for the primary heating source for the prior year for the Page 2 of 11 Household's current primary residence. Vendors are required to provide actual home heating costs if available; I. "Program Year" means from November 1st through April 30th for the Basic Program or until funds run out, whichever occurs first; J. "Eligibility Period" means there is one eligibility period for the program year - November 1st through April 30th or until funds run out; K. "Overpayment" means a Household received benefits in excess of the amount due that Household based on eligibility and payment determination in accordance with LEAP rules; L. "Good Faith Efforts" are documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrearages; M. "Supportive Fuel" means an energy source needed to operate the primary heating system in a residential setting, such as electricity as a supportive fuel required to operate a natural gas furnace. N. "Heat Related Arrearage" means any past due amounts for the primary heating fuel and/or supportive fuel. O. "Tampering" or Tampered Account" means unlawfully or unauthorized adjustment of fuel to the household by altering equipment such as a gas or electric meter. II. Responsibilities of the Vendor: A. The Vendor shall implement the following provisions: 1. The Vendor will charge the Eligible Household, in the normal billing process, the difference between the actual cost of the Home Energy and the amount of the payment made by the State; 2. The Vendor will not treat a Household receiving assistance under the program adversely because of such assistance; 3. The Vendor will not discriminate, either in the cost of the goods supplied or the services provided, against the Eligible Household on whose behalf payments are made; 4. The Vendor will credit an Eligible Household's account promptly and no later than ten (10) working days after a payment is received for such Household and credit will be reflected in the next normal billing; 5. Upon notification by the County Department, the Vendor will reimburse amounts to the County Department within ten (10) working days in the case of incorrect payments or overpayments; 6. If notified by the County Department that a Household has been approved for the Basic LEAP benefit payment that the Vendor shall: a. Initiate, continue or restore service, whichever is applicable, to the Household within 24 hours of notification and continue utility services for at least sixty (60) days after such notification, unless: 1) the Eligible Household is in a pending shutoff situation and the Basic LEAP program year benefit is an amount less than 25% of the Household's arrearage, or; Page 3 of I 1 2) the Eligible Household is shut off and the Basic LEAP program year benefit amount is less than 50% of the Household's arrearage. If (1) or (2) exist the Vendor may, at the Vendor's discretion, refuse to accept the Basic LEAP program year benefit and not be required to continue service, reinstate service, or deliver fuel. If the Vendor refuses to accept the LEAP program year benefit, the Vendor shall notify the County within three (3) working days and send written notice to the Eligible Household advising them the payment will not be accepted and no holds/reconnect will be offered. The benefit shall be paid to the Eligible Household. b. Make a good faith effort to establish or re-establish an installment or modified budget billing arrangement with the approved Household if the Household is in an actual or potential shut-off situation at any time during the program year. This effort should begin as soon as possible after the Vendor receives notice that the Household has been approved for the Basic LEAP program year benefit. Good faith effort is defined as documented attempts to reach Eligible Households through phone contacts, written correspondence and/or personal visits; and to jointly establish a monthly payback schedule not to exceed the current bill plus an agreed upon fraction of all arrears; c. If a LEAP benefit is offered on a disconnected account, and the current disconnect is due to tampering of gas or electric service, the Company will be required to restore service only if the LEAP payment exceeds 70% of the past due account. If a LEAP payment is offered on a tampered account and it is for less than 70% of the disconnected amount, the Company reserves the right to not accept the LEAP benefit for purposes of restoring service. If payment is not accepted for reconnect, the benefit would be provided to the client as a direct client pay. The utility may accept less than 70% but must as a condition of acceptance restore service and make arrangements on any remaining balance. 7 The Vendor will not terminate utility services of a Household approved for the Basic LEAP Program payment after the sixty day period referenced above and throughout the time the Household remains eligible unless: a. The Household fails to enter into an installment or modified budget billing payment plan with the Vendor; or b. The Household fails to make the required payments under an installment or modified budget billing plan or any other payment plan negotiated with the Vendor; 8. The Vendor will not terminate service or refuse service of a Household approved for the Basic LEAP program year benefit if such Household presents to the Vendor a medical certificate, signed by a licensed physician or health practitioner acting under a physician's authority, stating that termination of service would be especially dangerous to the health and safety of any member in the approved Household as prescribed in Colorado Public Utilities Commission, 4 CCR 723-3, 3407, 3408, 3409. 9. If the Vendor has been notified by the County Department that a Household has applied for the Basic Program benefit, the Vendor will not terminate services to the Household for ten (10) working days (10-day hold) after notice that application has Page 4 of 11 been made or until the Vendor is notified of the eligibility determination of the Household, whichever occurs first; 10. The Vendor shall maintain confidentiality of information provided by the County Department about a Household's benefit in accordance with applicable Federal and State Laws; 11. The Vendor shall retum any payments that cannot be credited to an account within ten (10) working days to the County Department; 12. Assure that when a Household moves or no longer uses the originally approved Vendor, the Vendor shall report any credit balance, within ten (10) working days, due to the Household (up to the amount paid on behalf of an eligible Household, excluding any deposits made by the Household) to the county. A reasonable attempt must be made by the Vendor and the County Department office to locate the Household. a. If the Household is located, the Vendor will forward the LEAP credit balance directly to the Household within ten (10) working days. b. If the Household cannot be located within thirty (30) working days, the Vendor will keep the funds available for the Household for the remainder of the current fiscal year and at the end of the federal fiscal year (September 30) any LEAP credit balance will be forwarded by the Vendor to the Energy Outreach Colorado; 225 E. 16th Ave, Suite 200; Denver, CO 80203. c. Upon County Department request, the Vendor must retum such credit balance to the Energy Outreach Colorado within ten (10) working days of the county request. d. If the Vendor has sent the LEAP credit balance funds to the Household, and a recovery is necessary, the County Department will recover from the Household, not the Vendor. 13. The Vendor shall refund any credit balances to the Eligible Household after May 31 s` of the current year upon the Eligible Household's request; 14. In the event that service cannot or will not be delivered by the Vendor to the Household, the Vendor shall return the total payment amount or the credit balance due to the Household, whichever is applicable, (up to the amount paid on behalf of an Eligible Household excluding any deposits made by the Household) to the County Department within ten (10) working days; 15. The Vendor shall accompany all payments retumed to the County Department with a notification showing the Vendor name, the Household's name, the amount • returned on behalf of the Eligible Household and the date and reason for return by the Vendor; 16. All funds due to the County Department shall be returned to the County Department no later than August 15 of the current year; 17. All other requirements of Federal and State laws and regulations shall be adhered to; 18. The Vendor shall provide all customers subject to utility shutoff or who are financially unable to purchase fuel with address and telephone number information about the Low Income Energy Assistance Program; 19. In appropriate cases the Vendor will furnish a Household with information on and provide assistance in establishing a budget -billing plan. The calculation used to establish the Household's monthly payment under such budget -billing plan shall Page 5 of 11 include any payments made on behalf of the Household by the Low Income Energy Assistance Program as well as payments to be made directly by the Household; 20. The Vendor shall establish such fiscal control and fund accounting procedures as may be necessary to assure the proper use and accounting of funds under this Agreement. All records maintained by the Vendor relating to this Agreement shall be available on reasonable notice, for inspection, audit or other examination and copying, by State and County Department representatives or their delegates. Such records shall show the amount of Home Energy delivered to each Eligible Household, the amount of payments made for Home Energy by such Eligible Households, the dollar value of credit received on behalf of each Eligible Household, the balance of available benefits and fuel costs and all documents and calculations in establishing the estimated home heating costs. All records shall be maintained for a period of 3 years following the termination of this Agreement. The State and County Department reserve the right to monitor the implementation of this Agreement by the Vendor. 21. The Vendor will provide County Departments documented actual home heating costs for the period of November 1st through April 30th for any Eligible Household using their service. Such costs, if possible, shall be based on historical usage and such costs shall be provided to the County Department within 10 days of request. If the Vendor fails to provide estimated home heating costs for an Eligible Household for the period of the prior year, the County Department shall make any payments to the Eligible Household (not the Vendor), unless the Vendor documents that such data are not available due to no meters, broken meters, no prior year's service, skips in service, or other reasons as established by the Colorado State Department of Human Services. The State and County Departments reserve the right to audit Vendor estimating procedures, and to terminate the Vendor Agreement if estimates are found to be inaccurate or inappropriate; 22. The Vendor will refer their customers to the Heat Help Line @ 1-866-432-8435 in instances where their customer is requesting a LEAP application packet; A. Non-compliance by the Vendor with any of the above assurances of this agreement or applicable law or regulations shall be grounds for immediate termination of this agreement. Such termination shall include termination of payments on behalf of Eligible Households and immediate return of credit balances or refunds owed to the County Department. Such termination is in addition to all other legal remedies available to the County Department, including investigation or prosecution of fraud in connection with this agreement. B. All Vendors will be required to establish an account with a financial institution to receive payments via direct deposit through electronic funds transfer (EFT). C. All Vendors will be required to establish Internet access to retrieve LEAP applicant approval information and LEAP benefit payment data from the State of Colorado, LEAP website @ www.cotorado.gov/cdhs/leap. D. Vendor credits to Eligible Household accounts shall not be made to the following Households: 1 Households that do not pay home heating costs directly to a Vendor; 2. Households for which a Vendor agreement has not been established; 3. Households for which an appropriate Vendor cannot be determined or feasibly paid on behalf of an eligible Household. E. Payments shall not be made to a landlord or other provider of shelter. Page 6 of 11 F. All funds reimbursed to the County Department by fuel Vendors shall be reissued to the Household or the appropriate Vendor or refunded to the County Department in accordance with rules of the state. G. If the Vendor has provided 60 days of continuous service in accordance with the 60 day no shutoff provision of the LEAP Vendor agreement, and the Household moves and is no longer served by that Vendor, payment will be made to that Vendor, unless the Household owes no money on that account. III. The State shall itself or through the County Department, as the case may be: A. Promptly advise the Vendor of the name, address, account number, if any, and amount to credit to the account of each Eligible Household. The State will also provide vendors with a password to retrieve payroll information from the vendor website. B. Notify all Eligible Households of the amount of Home Energy credits to be made on their behalf to the Vendor; C. Make timely payments to the Vendor for credit to Eligible Households for Home Energy supplied in accordance with the terms of this Agreement; D. Promptly notify the Vendor of all pertinent changes in this program caused by changes in applicable law or regulations. IV. General Provisions: A. The term of this Agreement shall be October 1.,-22011 for upon signed approval of the vendor agreement by the State Controller, whichever is later) through September 30, 2015; B. This Agreement is subject to and contingent upon the continuing availability of federal funds. In the event that insufficient funds, as determined by the State or County Department, are available for this program, the State or County Department may immediately terminate this Agreement; C. This Agreement may be terminated by either party upon 30 days prior written notice to the other party sent by certified or registered mail; D. The Vendor may not assign this Agreement without the prior written consent of the State Department; E. The Vendor shall comply with all applicable Federal and State law and regulations, including confidentiality of all records, termination and restoration of Home Energy service, and discrimination. The Vendor certifies that it has all licenses, insurance, etc. required by law for the provision of services hereunder; Page 7 of 11 SPECIAL PROVISIONS These Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Govemmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671 et seq., as'applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and Page 8 of 11 shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E-Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract 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 tb perform work under this contract. Contractor (a) shall not use E-Verify Program or Department program procedures to undertake pre -employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5- 101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this contract. Revised 1-1-09 Page 9 of 11 * Persons signing for Vendor/Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State is relying on their representations to that effect. FUEL VENDOR (full legal name): Signature of Company Executive STATE OF COLORADO John W. Hickenlooper, Governor By: for Executive Director Department of Human Services Name and Title (Printed or Typed) Town of Estes Park Company/Business Name Estes Park, CO 80517 City Date Zip Code ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is nct valid until signed and dated below by the State Controller or delegate. Vendor/Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Vendor/Contractor for such performance or for any goods and/or services provided hereunder. APPROVED: State Controller David J. McDermott, CPA By: Vairi Gimple, Designee Date: 1 '1 Page 10 of 11 LEAP VENDOR AGREEMENT SIGNATURE AUTHORIZATION FORM Company Name: Town of Estes Park Address: PO Box 1200, Estes Park, CO 80517-1200 Type of Company (check one): Sole proprietorship _ Investor owned utility (corporation) xx Municipal utility Association _ Limited partnership _ Other (Specify): 1 hereby authorize , whose title is , to sign the LEAP Vendor Agreement. Printed Name Date Title Signature Page 11 of 11 To: Honorable Mayor Bill Pinkham Estes Park Board of Trustees From: Johanna Darden, Full -Time Resident -.. 501 MacGregor Avenue Estes Park, Colorado 80517 _ c September 27, 2011 In Re: Cracked Pavers at 170 MacGregor Avenue at Bond Park A recent development which affects the Bond Park/Mac Gregor Avenue change order became apparent after the Autumn Gold festival. Some of the pavers have not just shifted position, but they have cracked. I do not believe that the pavers purchased and placed on MacGregor Avenue will stand up even to limited use. 'believe we need to buy stronger, new pavers and have an assessment done again by a different, more competent engineering firm. Since the Board of Trustees must have concluded that our Administration and Public Works Department are responsible for the problems, I believe we will be paying the repair cost. It is inappropriate for "Help Preserve Open Spaces" funds to be used for this repair. The repair costs need to come from the Community Reinvestment Fund if insurance will not pay for the problem. Just by writing a change order to deal with this continuing problem is not sufficient. We still have problems which 1 do not believe will be corrected, and the road quite possibly will not even be improved. Thank you for hearing my concerns. Please enter this statement into the Public Record. pictures z e /f of 9 9/27/2011 7:21 PM pictures 70 Met-C- Cr CK J�; —5 77, c I/ of 9 9/27/2011 7:21 PM )[Ctures (7 0 Ma-C Gce3nr- frk-e F fi, z7J zeri -of9 9/27/2011 7:21 PM Jictures 1 E 0 iv\ c- 0 /IN v of 9 9/27/2011 7:21 PM