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PACKET Town Board 1993-07-13
, BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 13, 1993 7:30 P.M. AGENDA Presentation of Employee Incentive Award - Corey Pass. PUBLIC INPUT. To conduct an orderly, efficient meeting, individuals will be given a maximum of up to three (3) minutes to speak on topics which are pertinent to Town affairs. Any exceptions will be given at the discretion of the Mayor. CONSENT CALENDAR: 1. Town Board minutes dated June 29, 1993. 2. Bills. 3. Committee Minutes: A. Community Development, July 1, 1993. 4. Liquor License Renewals: A. Robert & Connie Gappa, dba MOUNTAIN DEW LIQUOR, 182 S. Saint Vrain Ave., Retail Liquor Store. B. Superstrings, Inc., dba ROCKY MOUNTAIN FOLKS FESTIVAL, Stanley Park - Authorization to post premises for event scheduled August 28 and 29, 1993. ACTION ITEMS: 1. Community Development Committee, July 1, 1993: A. Scenic Byway Interest Group Memorandum of Understanding - Approval of Town participation. B. 1995 Transportation Proposal - Authorize Letter of Support. C. Funding for Employee Housing Proposal (Marys Lake Lodge property) - Authorize Letter of Intent. Board of Trustees convene as Estes Park Housing Authority: 2. A. Adopt Bylaws. B. Election of Officers: Chairman (Mayor); Vice Chairman, Secretary, Treasurer. 3. A. Public Hearing: Final Plat of Lot 2, Crags Addition, and Lot 2, Pedersen Subdivision, known as "The Crags", formerly known as "The Promontory. B. Public Hearing: Amended Plat of Lots 18, 22, and 30, Grand Estates Subdivision, Robert & Lois Jurgens/Applicant. 1 Board of Trustees July 13, 1993 C. Public Hearing: East Park Resubdivision, North Ridge Meadows Condominiums, Rich Wille/Applicant 1. Rezoning - from C-0 Outlying Commercial to R-M Multiple Family. < 2. Final Plat. D. Public Hearing: Final Plat of Lot 30, Bonnie Brae Addition, Mountain Golf Villas/Applicant. E. Johnson & Maria Lin - Request approval of time extension for roadway construction (Fall River Lane). 4. Liquor Licenses: A. Special Event Application - Longs Peak Scottish Highland Festival, September 11 and 12, 1993, Stanley Baseball Fields. 5. Ordinance - Amending existing "bicycle" ordinance. 6. Town Administrator's Report. 2 e Town Board Agenda - July 13, 1993 The -amended "Bicycle Ordinance" has been *emoved from the Agenda and will be submitted to the Public Safety Committee on July 21st for further discussion. . June 29 93 UIofurt Of jixteS pltrit, Larimer County, Colorado, ..... ..... .. .,...., 19,..... 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 ·29'th · day of .... June ··· ·· ······,A. D. 19.. 93 at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor Present: Mayor H. B. Dannels Trustees· George J. Hix, Mayor ProTem, Norbert L. Aldrich, Robert L. Dekker, Susan L. Doylen, Also Present: Stephen W. Gillette, Gary F. Klaphake, David Habecker Town Administrator Vickie O'Connor, #bighf: Town Clerk Absent: Gregory A. White, Town Attorney Mayor Dannels called the meeting to order at 7:32 P.M. PUBLIC INPUT. There were no public comments. CONSENT CALENDAR: 1. Town Board minutes dated June 8, 1993. 2. Bills. 3. Committee Minutes: A. Administrative, June 28, 1993. C. Planning Commission, June 15, 1993 (acknowledgement only). D. Firemen's Pension Board, June 18, 1993 (acknowledgement only). 4. Liquor License Renewals: A. Rex Maughan, dba HOLIDAY INN OF ESTES PARK, 101 S. St. Vrain Ave., Tavern, includes Extended Hours. B. Longs Peak Scottish Highland Festival - Authorization to post premises for Special Event Application (consideration scheduled July 13, 1993). C. Surrey Restaurant, Inc., dba LA CASA DEL ESTORITO, 222 E. Elkhorn Ave. - Modification of premises to exclude deli (sold this portion of business). D. Steve Nytes, dba ESTES PARK REC CENTER, 555 S. St. Vrain Ave., Tavern, includes Extended Hours. 5. Planning Commission. Public Hearings continued to July 13, 1993: A. Final Plat of Lot 2, Crags Addition, and Lot 2, Pedersen Subdivision, known as "The Promontory". B. Amended Plat of Lots 18, 22, and 30, Grand Estates Subdivision, Robert & Lois Jurgens/Applicant. C. Rezoning and Final Plat of East Park Resubdivision, North Ridge Meadows Condominiums, Rich Wille/Applicant. Board of Trustees - June 29, 1993 - Page 2 It was moved and seconded (Hix/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Special Events Committee - Item continued from June 8, 1993 Town Board Meeting: A. Fall River Productions (Plea Market). In a letter dated June 24, 1993, Philip Simms/Fall River Productions withdrew his request to conduct three flea markets at the fairgrounds. 2. Administrative Committee, June 28, 1993: A. Ordinance #8-93 Amending Liquor License Procedure. The Administrative Committee recommended approval of an ordinance amending liquor license procedure specifically relating to liquor renewals, modi f ication of premises and special events applications. The proposed amendment authorizes the Town Clerk to process the aforementioned 0 contingent upon a clear licensee investigation. New and change of ownership applications will continue to be submitted to the Board Of Trustees for further consideration. Town Clerk O'Connor read the ordinance and it was moved and seconded (Habecker/Aldrich) the ordinance be adopted, and it passed unanimously. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 8-93, and published according to law. 3. Memorandum of Understanding. ESTES VALLEY RECREATION AND PARK DISTRICT - Approval. Administrator Klaphake reported that the District has an opportunity to obtain a grant for playground equipment which will be placed on their leased portion of Stanley Park. The Memorandum states that should the leased portion of land be returned to the Town, the Town would assume responsibility for the equipment. It was moved and seconded (Hix/Gillette) the Memorandum of Understanding with the Estes Valley Recreation and Park District be approved, and it passed unanimously. 4. Presentation of Audit for Fiscal Year Ended December 31. 1992. Steve Jackson, CPA, presented and reviewed the annual audit for the fiscal year ending December 31, 1992. The Trustees expressed their appreciation for the presentation. and acknowledged receipt of the audit. 5. Ordinance #9-93 Vacating utility easement for Lot 2. Sepahpur Subdivision. Public Works Director Linnane briefed the Trustees on a request to vacate the utility easement on the aforementioned lot which is presently undeveloped. Written statements from current and potential users of the utility easement have been received indicating they agree and approve said vacation, thus staff is recommending approval. The seller of the property has been advised that they will be responsible for all associated Town Attorney fees. Clerk O'Connor read the ordinance and it was moved and seconded (Hix/Doylen) the ordinance be adopted, and it passed unanimously. Whereupon Mayor Dannels declared the ordinance duly passed and adopted, ordered it numbered 9-93, and published according to law. 6. Town Administrator's Report. Bicycle Ordinance. Pursuant to public response to the recently adopted "bicycle ordinance", Administrator Klaphake suggested the ordinance be amended to exclusively restrict bicycles on the Riverwalk from Barlow Plaza to Riverside Plaza. As adopted, the ordinance restricts bicycles from downtown public parking lots, parks, including Board of Trustees - June 29, 1993 - Page 3 Riverside Plaza, or Riverwalk within the Town. It was moved and seconded (Hix/Doylen) (1) Town Attorney White amend the ordinance to solely restrict bicycles from Barlow Plaza to Riverside Plaza, and (2) during the interim, enforcement be restricted to the Barlow-Riverside Plaza section, and it passed unanimously. Trustee Habecker reported on a meeting with the Upper Front Range Transportation Planning Committee. In summary, Town i representatives reiterated to the Committee that both projects (which have been included in CDOT' s 5-year plan for some time) remain a top priority with the Town and all effort will be expended to ensure the projects be completed. A series of public workshops have been scheduled with Estes Park's meeting to take place Wednesday, July 14, 1993, 7:00 P.M., in Room 200 of the Municipal Building. Trustee Habecker encouraged the public to attend. There being no further business, Mayor Dannels adjourned the meeting at 8:44 P.M. Mayor Town Clerk BRA'FOROPUBLISHING.0 RECORD OF PROCEEDINGS Community Development Committee July 1, 1993 Committee: Chairman Dekker, Trustees Hix and Doylen Attending: All Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Advertising Manager Marsh, Sales & Marketing Director Pickering, Museum Director Swain, Clerk O'Connor Absent: None Chairman Dekker called the meeting to order at 10:00 A.M. 1993 ADVERTISING REPORT. New Brochure. Staff presented the "Start the Adventure" two-fold travel brochure which replaces the 6-panel brochure. The new brochure is designed for distribution by the state's seven welcome centers located along Colorado's primary highway access points and a collateral distribution program in communities along the front- range from Colorado Springs to Cheyenne. The function of the brochure is to sell multi-night stays in Estes Park to vacationers stopping at the welcome centers for information. The brochure will reprint for 6¢/piece as compared to the previous brochure which reprinted for 15¢/piece. This expenditure reduction will affect the 1994 budget. Scenic Byway Interest Group Memorandum of Understanding (MOU). The Committee reviewed this memorandum in June, 1993 and staff is now prepared to recommend Town participation. Members are proposing funding through various grants; however, funding requests may be received in the future, possibly for vehicular "pullouts" along Highway 7. The Committee recommends the Town participate in the Mou as presented. CONFERENCE CENTER UPDATE. Director Pickering reviewed 1994 bookings which includes 33 conventions and four local events. The third-year of operation exceeds BBC projections. Seventeen groups have re-booked the center noting that the facility and Holiday Inn personnel were very highly rated. The Committee received copies of the conference center newsletter entitled "Estes Park Agenda" which is distributed to top meeting planners in the region. Conference Services Coordinator Thomas was featured in the newsletter. Staff anticipates producing the newsletter in the spring and fall. Director Pickering attended and exhibited in the CSAE Conference held in Colorado Springs. Participation in this organization enhances the Town's ability to book conferences. While attending the SGMP Awards Ceremony, Director Pickering was elected Vice President which is the highest office a supplier is able to possess. Favorable comments have been received on the sign which was recently installed that identifies conferences using the facility. It is anticipated the sign will assist in educating the community of the center's use. Second quarter statistics will be presented during the August meeting. BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Community Development Committee - July 1, 1993 - Page 2 The recently-adopted "no smoking policy" should not have a negative impact on bookings. During the interim with bookings made prior to the policy, a smoking area will be designated if needed. The Committee expressed their appreciation to Director Pickering, noting the positive operation of the conference center. HOUSING AUTHORITY - BYLAWS. Staff presented copies of the proposed Bylaws for the Estes Park Housing Authority which were prepared by Town Attorney White. Director Stamey outlined procedure: the Board of Trustees will act as the Board of Commissioners for the Housing Authority; the Mayor will serve as Chairman. The Trustees may appoint an advisory committee to the Housing Authority. Following discussion, the Committee recommends the Trustees convene as the Estes Park Housing Authority during a regular Town Board meeting to elect officers and adopt the bylaws. 1995 POTENTIAL TRANSPORTATION IMPROVEMENTS - DISCUSSION. In a memorandum dated June 29, 1993, Director Stamey reported on a meeting held with Avon Officials to discuss a shared-bus acquisition. Avon is the lead agency in submitting an application for federal funding to acquire six buses; the local match is 20%. As part of the funding requirements, the buses must be used for public transportation year-round; Avon anticipates using the buses six months during the winter season. Estes Park has an opportunity in sharing this project by purchasing a six-month ownership of two buses for a one-time payment of $48,400. Following is a summary of a potential approach: 6 buses @ $242,000/each ................ $1,452,000 80% federal funding .................... 1,151,600 20% local match ............... ........ . 290,400 10% Estes Park Share 2 buses at $24,200/each ................ $ 48,400 The vehicles are 35' long, 47 passenger and lift-equipped. The Town's financial obligation would occur in November 1994, with the buses being available the summer of 1995. Should the Town be interested in participating, Avon has requested a letter of support plus a letter to Senator Campbell. Discussion concerning maintenance of the buses followed; staff anticipates maintenance .would be accomplished on a shared-cost basis by each Fleet Department. Specific details are yet to be resolved. The Committee recommends approval of the concept, to include the letters of support as identified above. ECONOMIC DEVELOPMENT GRANT - ESTES PARK MEDICAL CENTER (EPMC). In a letter dated June 2, 1993 Andrew Wills, CEO/EPMC requested financial support to be used toward the facility expansion (physicians' clinic, laboratory, and helicopter landing pad) currently under construction. Total project costs are approaching $2,000,000 and the EPMC goal in charitable donations has been established--$161,000. Director Stamey advised that funds are available in the form of an economic development grant using a portion of the Town's funds received from the Platte River Power Authority. Chairman Dekker presented Mr. Wills with a check in the amount of $2,000. Mr. Wills expressed his appreciation to the Town for their support. BRADFORD.U.LISHINGCO RECORD OF PROCEEDINGS Community Development Committee - July 1, 1993 - Page 3 MUSEUM REPORT. Director Swain reviewed the Monthly Report including attendance and volunteer statistics. The entrance fee has been increased to $2.00/person and pursuant to a decrease in visitation, the Friends have questioned whether the decrease is due to the entrance fee. Discussion followed, with the Committee concurring the fee remain as is at this time. Terri Schindel/Estes Park Artifact Conservation Center, will be using museum artifacts for practical training. Additional experts in other areas of expertise will be scheduled during the fall. The Museum will derive benefit from the conservation courses from receipt of reports, etc. which may be used in grant applications. The first week. of History Camp has concluded. Twenty students attended, and staff anticipates the additional two weeks will also be filled. Director Swain commented on the recent grant which was obtained for funding this project. The grant was designed as a matching grant, therefore, families that could afford the tuition fee were requested to remit $60.00/child. Director Swain expressed her appreciation to staff members Fran Phillips and Kelly Brown and also the MacGregor Ranch for their assistance and cooperation. A Mountain Climbing Exhibition will open July 16 and run through October 31. The Friends are evaluating a process to review how the Museum will proceed on various "offerings" and which will assist in determining whether that offer is appropriate for Estes Park. Additional information will be forthcoming. REPORTS. The Committee received an updated issue of the Estes Park Community Profile. The cost for this project is shared by the Estes Park Board of Realtors. Staff confirmed that they will submit a proposal concerning the Town's commitment for summer housing (Marys Lake Lodge property) to the Trustees in the near future. There being no further business, Chairman Dekker adjourned the meeting at 11:06 A.M. Vickie O'Connor, CMC, Town Clerk i 44 0*4. i TOWN OF ESTES PARK Police Department -a.,1 7,1 d:36*4'framert - .d:.2- I. 4.- + h>.-/-. #--/AisS*b'- ., - - -4 - _ 1/0.n 44~*SM-1*~at~1< 42> . , -a/'Ill'.- 'Ar , ¢ r July 9, 1993 Mayor Bernerd Dannels and Board of Trustees Town of Estes Park Estes Park, CO 80517 RE: Mountain Dew Liquor Retail Liquor Store GAPPA, Robert J. GAPPA, Connie C. Mr. Mayor and Board Members: A records check based upon the names and dates of birth of the above named individual(s) has been made. Mountain Dew Liquor has a recent suspension on record for sale to a minor. There are no wants or warrants against the above named individuals. I would recommend approval of the license for Mountain Dew Liquor, noting this suspension with the warning that future violations will be strictly prosecuted. Sincerely, D. I gulu David J. Raci-ne~~ Chief of Police DJR/jo (303) 586-4466 • RO. BOX 1287 • ESTES PARK, CO 80517 • FAX (303) 586-4496 BRADFOADPUBLISHINGCO RECORD OF PROCEEDINGS , Community Development Committee July 1, 1993 Committee: Chaitman Dekker, Trustees Hix and Doylen Attending: All Also Attending: Town Administrator Klaphake, Community Development Director Stamey, Advertising Manager Marsh, Sales & Marketing Director Pickering, Museum Director Swain, Clerk O'Connor Absent: None Chairman Dekker called the meeting to order at 10:00 A.M. 1993 ADVERTISING REPORT. New Brochure. Staff presented the "Start the Adventure" two-fold travel brochure which replaces the 6-panel brochure. The new brochure is designed for distribution by the state's seven welcome centers located along Colorado's primary highway access points and a collateral distribution program in communities along the front- range from Colorado Springs to Cheyenne. The function of the brochure is to sell multi-night stays in Estes Park to vacationers stopping at the welcome centers for information. The brochure will reprint for 6¢/piece as compared to the previous brochure which reprinted for 15¢/piece. This expenditure reduction will affect the 1994 budget. Scenic Byway Interest Group Memorandum of Understanding (MOU). The Committee reviewed this memorandum in June, 1993 and staff is now IrA · » funding through various grants; however, funding requests may be prepared to recommend Town participation. Members are proposing received in the future, possibly for vehicular "pullouts" along Highway 7. The Committee recommends the Town participate in the Mou as presented. CONFERENCE CENTER UPDATE. Director Pickering reviewed 1994 bookings which includes 33 conventions and four local events. The third-year of operation exceeds BBC projections. Seventeen groups have re-booked the center noting that the facility and Holiday Inn personnel were very highly rated. The Committee received copies of the conference center newsletter entitled "Estes Park Agenda" which is distributed to top meeting planners in the region. Conference Services Coordinator Thomas was featured in the newsletter. Staff anticipates producing the newsletter in the spring and fall. Director Pickering attended and exhibited in the CSAE Conference held in Colorado Springs. Participation in this organization enhances the Town's ability to book conferences. While attending , the SGMP Awards Ceremony, Director Pickering was elected Vice President which is the highest office a supplier is able to possess. Favorable comments have been received on the sign which was recently installed that identifies conferences using the facility. It is anticipated the sign will assist in educating the community of the center's use. Second quarter statistics will be presented during the August meeting. MEMORANDUM OF UNDERSTANDING between the Tourism and Recreation Program of Boulder County, Inc. and the public and private sector representatives of Boulder, Gilpin, and Larimer Counties and the Federal Agencies listed in this document. Whereas the Tourism and Recreation Program of Boulder County, Inc. (TARP) is recognized by the State Scenic and Historic Byways Commission as the managing organization for the Peak to Peak Scenic and Historic Byway, hereinafter referred to as Peak to Peak; and Whereas the Peak to Peak transcends the boundaries of three counties including Boulder, Gilpin, and Larimer; and Wherear TARP recognizes that its mission, which is to stimulate economic development through tourism in Boulder County, does not sufficiently represent the interests of other interests in Gilpin and Larimer Counties; and Whereag TARP recognizes the need to equally represent all interests along the Peak to Peak; and Whereas TARP has agreed, at the request of the representatives from Gilpin and Larimer counties, to continue to be the managing organization for the Peak to Peak; now therefore, a Memorandum of Understanding (MOU) is made and entered into by and between the Tourism and Recreation Program of Boulder County, Inc. (TARP) and public and private sector representatives from the counties of Boulder, Gilpin, and Larimer including but not limited to the municipalities of Black Hawk, Central, Estes Park, Lyons, Nederland, and Ward; the U.S. National Park Service - Rocky Mountain National Park; and the U.S. Forest- Service - Arapaho and Roosevelt Forests; along the Peak to Peak Scenic Byway Corridor, hereinafter referred by their name or initials or collectively as the Scenic Byway Interest Group. L Purpose The purpose of this MOU is to establish a framework of cooperation between TARP and the public and private sector representatives from Boulder, Gilpin, and Larimer Counties, Rocky Mountain National Park, and Arapaho and Roosevelt National Forests in order to manage the Peak to Peak Scenic and Historic Byway.1 TARP and the Scenic Byway Interest Group propose to work together to jointly develop a Corridor Management Plan which will outline strategies for the enhancement, protection, marketing and management of the Peak to Peak as a recreational, cultural, ecological and educational tourism and economic resource for the tri-county region. This effort will be pursued within the context of land use management goals, objectives, and policies of the Scenic Byway Interest Group's respective members. 1Note that all residents of unincorporated communities shall be represented by their respective county and Chambers of Commerce by their respective municipality. IL Applicable Laws and Regulations All assistance provided under this MOU and subsequent agreements shall be in accordance with federal, state of Colorado, and local laws and regulations. III. Applicable Clauses 6.1 - Equal Access. During the performance of the Agreement, the parties agree to abide by the terms of Executive Order 11246 on non-discrimination and will not discriminate against any person because of race, color, religion, sex or national origin. The parties will take affirmative action to ensure that applicatns are employed without regard to their race, color, religion, sex or national origin. 6.2 - Conflict of Interest. No member or delegate to congress or Resident Commissioner shall be · admitted to any share of part of this Agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Agreement if inade with a corporatjon for its general benefit. 6.3 - Drug Free Workplace. All parties will comply with the requirements of 41 U.S.C. section 702, the Drug Free Workplace Act of 1988, which requires cooperators to prohibit the use of drugs in the workplace and establish drug free awareness programs. IV. Statement of Mutual Interest and Mutual Benefits The public and private sector representatives from Boulder, Gilpin, and Larimer counties along with those Boulder County public and private interests associated with TARP are dedicated to the wise development and management of the Peak to Peak corridor which serves as a significant recreational, cultural, ecological and educational tourism and economic resource for all parties. In addition, the Scenic Byway Interest Group recognizes that it is important to increase resident and visitor awareness, knowledge, and appreciation of this resource. Visitors to the Peak to Peak and local interests can be better served by TARP and the Scenic Byway Interest Group working together toward mutually developed objectives that contribute to the missions and policies of the individual agencies and organizations. V. TARP agrees, as available funding permits, to: A. Serve as the managing partner to coordinate and guide activities relating to developing the Corridor Management Plan. B. Conduct regular meetings with the Scenic Byway Interest Group to carry out the mutually agreed upon activities of the Corridor Management Plan. C. Review referrals of proposed development activities and/or land uses in accordance with the State Scenic Byway Commission's byway designation criteria and submit copies of these reviews to the Scenic Byway Interest Group for recommendations. TARP-moufinai.doc - 3 Ii Prepare an annual report to all Scenic Byway Interest Group participants summarizing the activities and financial transactions related to the Peak to Peak. E. Maintain contact with the State Scenic and Historic Byway Commission and relay information to the Scenic Byway Interest Group on all matters related to the Peak to Peak. F. Maintain an up-to-date list of the principal contacts for each representative of the Scenic Byway Interest Group. VI. Where appropriate and as available funding permits, The Scenic Byway Interest Group agrees to: A. Coordinate ideas, activities, and initiatives to develop the required Peak to Peak Scenic and Historic Byway Corridor Management Plan which is scheduled to be completed by January of 19942. This plan will guide the enhancement, protection, preservation, and marketing of natural, scenic, recreational, and cultural resources, attractions and traveler services, with an emphasis on sustainable development policies and practices that are socially and environmentally sound. Ultimately, the plan implementation will increase awareness and understanding on the part of the users (residents and visitors) of the unique features of the Peak to Peak and expand opportunities for recreational and cultural experiences. The planning framework agreed upon at the October 1992 State Scenic Byway Workshop will serve as a guide to developing the Corridor Management Plan. The Scenic Byways Interest Group suggests that specific planning activities will include but not be limited to: • gathering information - assessing current Peak to Peak representation and levels of community involvement, inventorying existing resources and services, conducting market analyses, evaluating existing and proposed development and improvement plans and projects, and evaluating the effectiveness of various strategies once the plan is implemented; • developing a mission - defining the purpose for the Scenic Byway Interest Group and identifying whom the Scenic Byway Interest Group is serving; • identifying values and creating a vision - determining what is essential in order to maintain or enhance the quality of life desired by the public and private tourism and non- tourism interests who may be directly or indirectly impacted by the enhancement, protection, and marketing activities proposed for the Peak to Peak, and formulating a 2On October 20, 1992 a resolution was passed by the 17 Scenic and Historic Byways of Colorado which states that "...While each Byway currently has completed portions of the Byway Management Plan, it is the intent of each Byway and resource partner, to the maximum extent possible in their judgment, to complete their initial Byway management plan using these guidelines [the planning guidelines developed at the October 19 and 20 meeting] as a tool, and to do so by the end of 1993." , vision statement of how the Peak to Peak should be managed at the present and in the future; . - & • idenufying critical concerns, constraints,andopportunities - identifying and addressing - concerns, constraints, and opportunities on the part of both public and private to'urism and non-tourism interests as they relate to the planning and management of the Peak to Peak; • establishing goals - developing broad statements which describe the key focus areas of the Corridor Management Plan. Based on guidelines from the State Scenic Byways Commission, these key areas include but are not limited to enhancement, protection, marketing, and management; • establishing objecnves and actions - further defining how each goal will be achieved; setting timelines and assigning responsibilities to the various Scenic Byway Interest ' Group partners, and identifying, evaluating and pursuing human and financial resources to carry out the objectives; and • evaluating progress and mod*ing the plan - developing formal and informal mechanisms by which to measure the effectiveness and progress of the plan, and updating the plan as necessary. B. Through the respective review processes of each Scenic Byway Interest Group partner, determine if existing and proposed land use polices, regulations, and development plans are compatible with the State and Federal Scenic and Historic Byway designation criteria and evaluate alternatives to attempt to achieve compatibility. C. To work with and respect the concerns and desires of local residents and land owners that may be directly or indirectly affected by the Corridor Management Plan. D. Subject to appropriation andindividual agency and organization review, provide funding and/or inkind support and services for agreed upon projects that will implement the Corridor Management Plan. Subsequent cooperative agreements will be executed if funding is made available. E. Organize, encourage, and participate in community activities that foster understandihg about how the Peak to Peak serves as a tourism resource that can help to diversify the economies of local communities and at the same time contribute to the overall quality of life for residents. F. Develop grant proposals, review and support site specific projects and initiatives in accordance with the goals of the existing Peak to Peak Plan (Exhibit "A")3, and initiate projects related to the Peak to Peak. 3This item will eventually be amended to include the official Peak to Peak Scenic and Historic Byway Corridor Management Plan which will be the revised version of the original plan developed as part of the designation process. TARP-mouanal,doc- 5 G. Formally review and consider adopting the Corridor Managment Plan into municipal, county, and federal agency plans. H. Work together to access funds for agreed upon projects that will implement the Corridor Management Plan and coordinate these funding efforts through TARP. I. Nothing in this MOU is intended to affect ongoing relationships between parties. J. Nothing in this MOU shall obligate the Scenic Byway Interest Group participants to appropriate or expend funds or to enter into any contract or other obligations. K. Unless terminated under the terms of VI. "L" below, this MOU will remain in effect until January 31 of 1996, at which time it will be reviewed to determine whether it shall be renewed, modified, or terminated. L. This MOU may be modified or amended upon written request of any party and the concurrence of all other Scenic Byway Interest Group participants. Any party of this MOU may terminate its participation with 15 days written notice to TARP. Such termination will not affect the participation of the remaining parties. During this period, the parties will actively attempt to resolve any disagreement VII. Principal Contacts To provide for consistent and effective communication between tile Scenic Byway Interest Group participants, each of the participants shall appoint a representative to actively participate in the discussions and activities pursued under this MOU. A list of individuals who will serve as ~ these representatives including name, organization,*county, title, address, phone, and FAX: number will be maintained by TARP. These contacts may be changed at the agency's discretion with notice to TARP. VIIL IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last written date below: Signature, name, title, organization, address, phone, and FAX of all participants (see attached signature pages from each agency). Agencies Participating in the Memorandum of Understanding (MOU) Homer Page, Chairperson Frances Brackett, Mayor Boulder County Commissioners Town ofLyons P.O. Box 471 P.O. Box 49 Boulder, CO 80306 Lyons, CO 80306 Ph. (303) 441-3500; FAX (303) 441-4525 Ph: (303) 443-3956; FAX (same) Ralph Knull, Commissioner Bryan Brown, Mayor Gilpin County Town of Nederland 262 Ronnie Rd. P.O. Box 396 Golden, CO 80403 Nederland, CO 80466 Ph:.003) 642-7857; FAX (303) 003) 258-3266; FAX 444-0393 Name, Title Diane Hill, Mayor Larimer County Town ofWard P.O. Box 357 Ward, CO 80481 Ph: Unpublished Kathryn Eccker, Mayor Homer L. Rouse, Superintendent City of Black Hawk Rocky Mountain National Park P.O. Box 17 US.D.I. National Park Service Black Hawk, CO 80422 Estes Park, CO 80517 Ph: (303) 642-3719; FAX (303)582-0429 Ph. (303) 586-3565; FAX (303) 586-4702 Richard Allen, Mayor M.M. Underwood, Jr., Forest Supervisor City of Central - Arapaho and Roosevelt National Forests P.O. Box 249 U.S.D.A. National Forest Service Central City, CO 80427 240 West Prospect Rd. Ph: (303) 573-0247; FAX: (303) 642-0429 Fort Collins, CO 80526 Ph. (303) 498-1100; FAX (303)498-1010 H. Bernerd Dannels, Mayor Town of Estes Park Scott Bruntien, 1993 President P.O. Box 1200 TARP Estes Park, CO 80517 1705 - 14th Street, Box 211 Ph. (303) 586-5331/FAX: 003) 586- 0249 Boulder, CO 80302 Ph. (303) 786-9666; FAX (303) 449-7981 · BRADFORD PUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - July 1, 1993 - Page 2 @69. recently-adopted "no smoking policy" should not have a negative imphct on bookings. During the interim with bookings made prior tw the palicy, a smoking area will be designated if needed. -+*- 1 / The Committee-expressed their appreciation to Direc€br Pickering, noting the posiet¥4€peration of the confere center. HOUSING AUTHORITY - BYLAWS.-. 3/ Staff presented copies of &he proposeg Bylaws for the Estes Park Housing Authority which/were prepared -by Town Attorney White. Director Stamey outlin€& procedure: the Board of Trustees will act as the Board of gpmEfissioners for the Housing Authority; the Mayor will serve asi/Chairman. The Trustees may appoint an advisory committee~o* the Housing Authority. Following disc?ssion, the Committne recommends the Trustees convene as the Estes Park Housing Authelfty during a regular Town Board meeting to elect offibe~ and ..€pt the bylaws. 1995 POTENTIAL TRANSPORTATION IMPROVEMENTS - DISCUSSION. 1 6' 9 Ina memorandum dated June 29, 1993, Director Stamey reported on a meeting held with Avon Officials to discuss a shared-bus acquisition. Avon is the lead agency in submitting an application for federal funding to acquire six buses; the local match is 20%. As part of the funding requirements, the buses must be used for public transportation year-round; Avon anticipates using the buses six months during the winter season. Estes Park has an opportunity in sharing this project by purchasing a six-month ownership of two buses for a one-time payment of $48,400. Following is a summary of a potential approach: 6 buses @ $242,000/each .... $1,452,000 80% federal funding ...... 1,151,600 20% local match ... 290,400 10% Estes Park Share 2 buses at $24,200/each ................ $ 48,400 The vehicles are 35' long, 47 passenger and lift-equipped. The Town's financial obligation would occur in November 1994, with the buses being available the summer of 1995. Should the Town be interested in participating, Avon has requested a letter of support plus a letter to Senator Campbell. Discussion concerning maintenance of the buses followed; staff anticipates maintenance would be accomplished on a shared-cost basis by each Fleet Department. Specific details are yet to be resolved. The Committee recommends approval of the concept, to include the letters of support as identified above. ~NOMIC DEVELOPMENT GRANT - ESTES PARK MEDICAL CENTER (EPMCI . In a letter -htedjune 2, 1993 Andrew Wills, CEOLEPMErequested financial support ~~to-~be used toward ths'-ficility expansion (physicians' clinic, lAboratory, and--trilicopter landing pad) currently under construct:ion.tproject costs are approaching $2,000,000 and the EPMC ggik' in c 'table donations has been established--$161,000.-Director Stamey -advieed that funds are available in the,Zerin of an economic developi grant using a portion of thm,-¥own ' s funds received from the Platte Rixer Power Authoritg./thairman Dekker presented Mr. Wills with a check--ilkttle amount,6* $2,000. Mr. Wills expressed his appreciation to the Town• fal/their support. RCV BY:XEROX TELECOPIER 7010 ; 7- 8-93 9:50AM ; 66993800 3035866909;# 2 SENT BY:HAMMOND CLARK WHIT ; 7- 8-93 9:54AM ; 66993801 3035866909;# 2 l. e. Mr. David Taylor, President First National Bank of Estes Park P.O. Box 2390 Estes Park, CO 80517 Dear Mr. Taylor: The following is the Town's position with regard to the proposed summer housing program at Mary's Lake Lodge as the same has been presented to the Town as contained in the June 4, 1993 and June 9, 1993 proposals. The Town of Estes Park is willing to commit $52,000.00 of funding for the employee housing program at Mary's Lake Lodge subject to the following terms and conditions. 1. The funding will be budgeted during the Town's 1994 budget process and be available for disbursement after January 1, 1994. 2. The money will be disbursed into the construction loan fund established by the following lending institutions: A. First National Bank in Estee Park. B. Estes Park Bank. C. Park National Bank. 3. The construction loan fund shall require that the lending institutions either collectively or through a representative, provide the construction financial management of the project and disbursement of the construction funds pursuant to a management program. The Town's monies shall be available for disbureement only after the approximately $125,000.00 of bank financing has been disbursed from the construction loan fund. The Town, prior to the disbursement of any Town funds for construction of the project, shall receive written notification from the owners of the project and the above mentioned financial institutions that the project can be completed and ready for operation with the funds that have been committed for the project. SENT BY:HAMMOND CLARK WHIT ; 7- 8-93 9:55AM ; 66993801 3035866909;# 3 4. For the first five years of the existence of the project, there will be appropriate rent control to insure that the housing is affordable for employees. The rent control shall be subject to Town approval prior to the disbursement of any Town funds to the construction loan fund. The Town will agree to an increase in the rental controls each year based upon any increase in the Denver-Boulder consumer price index. 5. In the event that there is any sale or transfer of the d property in the first five years of the existence of the project, r the transferee shall either: A- Continue the project as outlined and agreed by the original owner of the project and as outlined in the proposals of June 4, 1993 and June 9, 1993 or; ' B. The Town shall be reimbursed a pro-rata share of its funding based upon the number of years of operation of the project prior to sale or transfer. Said sum shall be reimbursed to the Town at the time of the transfer or sale of the property; and 6. The Town's funds must be disbursed through a housing authority having jurisdiction over the project, namely the Larimer County Housing Authority. The funds must be disbursed pursuant to the terms of an intergovernmental agreement between the Town and the Larimer County Housing Authority. 7. Participation of the Town shall be solely limited to the funding as set forth above. The owners and proponents of the project shall be responsible for the obtaining of all necessary permits from Larimer County or any other governmental agency having jurisdiction over the property and the operation of the proposed housing program. No monies shall be disbursed by the Town until all such appropriate permits, including all necessary zoning approvals and building permits have been obtained. 8. The Town shall not be required nor asked for any future commitment other than the $52,000.00·committed by the Town in the - 1994 budget: The-Town wishes to make it clear to all persons-- - interested or all persons involved in the project that the above funding is a one time funding for the project and the Town will not consider any future fundings in the event that the financial commitments as outlined in the proposal are insufficient to complete or operate the project. If you need anything further, please so advise. Very truly yours, H. Bernerd Dannels Mayor 0./.FORD.U.LISHING.0 RECORD OF PROCEEDINGS Community Development Committee - July 1, 1993 - Page 2 The recently-adopted "no smoking policy" should not have a negative impact on bookings. During the interim with bookings made prior to the policy, a smoking area will be designated if needed. The Committee expressed their appreciation to Director Pickering, noting the positive operation of the conference center. HOUSING AUTHORITY - BYLAWS. 4.82 15. Staff presented copies of the proposed Bylaws for the Estes Park Housing Authority which were prepared by Town Attorney White. 3> Director Stamey outlined procedure: the Board of Trustees will act as the Board of Commissioners for the Housing Authority; the Mayor will serve as Chairman. The Trustees may appoint an advisory committee to the Housing Authority. Following discussion, the Committee recommends the Trustees convene as the Estes Park Housing Authority during a regular Town Board meeting to elect officers and adopt the bylaws. ,1995 POTENTIAL TRANSPORTATION IMPROVEMENTS - DISCUSSION. Ir» memorandum dated June 29, 1993, Director Stamey reported o a mee¥~ng held with Avon Officials to discuss a shared us acquleition. Avon is the lead agency in submitting an appli tion for feqeral funding to acquire six buses; the local match s 20%. As part\of the funding requirements, the buses must be sed for public ttensportation year-round; Avon anticipates using he buses six months\@luring the winter season. Estes Park has an pportunity in sharing b4is project by purchasing a six-month own ship of two buses for a chF-time payment of $48,400. Following ' a summary of a potential appfoach: 6 buses 0 $242,000/each .. ,452,000 80% federal fdqding 1,151,600 20% local match\<.... 290,400 10% Estes Park Sha'ke 2 buses at $24,200/bach ......... ...... $ 48,400 The vehicles are 35' long, 7 pas nger and lift-equipped. the Town's financial obligation w ld ccur in November 1994, with the buses being available the su of 1995. Should the Town be interested in participating, Av Rhas requested a letter of support plus a letter to Senator Campbell. Discussion concerning maintenance of the buses f loved ;\gtaff anticipates maintenance would be accomplished a shared,cost basis by each Fleet Department. Specific etails are ik© to be resolved. The Committee recommends pproval of the goncept, to include the letters of support a identified above. \1 ECONOMIC DEVELOPM GRANT - ESTES PARK MEDIOAL CENTER (EPMC). In a letter dated June 2, 1993 Andrew Wills, bKO/EPMC requested financial st**port to be used toward the facility expansion (physicians/ clinic, laboratory, and helicopter \4anding pad) currently/(inder construction. Total project costs are\approaching $2,000, 460 and the EPMC goal in charitable donationsi has been establ»hed--$161,000. Director Stamey advised that hAnds are avail,dble in the form of an economic development grant ofing a poryion of the Town's funds received from the Platte River *Rewer Agthority. Chairman Dekker presented Mr. Wills with a check infle *mount of $2,000. Mr. Wills expressed his appreciation to the Towg /for their support. MEMORANDUM TO: Steve Stamey FROM: Greg White RE: Housing Authority DATE: June 3, 1993 This memorandum is written for the purpose of commenting on the provisions of your memorandum of May 4, 1993. 1. MEMBERSHIP: The Board of Commissioners of the Authority is composed of the Board of Trustees with the Mayor serving as Chairman. In the event the Board of Trustees desires to change members of the Commission, that needs to be done by resolution a fter a notice and hearing. ··r 2. HOUSING ADVISORY COMMITTEE: , The Bylaws as mentioned in Paragraph 6 below contains ,a provision allowing the Board of Commissioners to appoint a Housing Advisory Committee. It is my opinion that this should be done through the Housing Authority and not through the Town. - C 3. Amendment One applies to Districts whith are de fined as the State or any local Government, excluding enterprises. It is my opinion that the Estes Park Housing Authority is not a District within ,the meaning of Amendment One. The Housing Authority has no taxing power and is not defined as a governmental entity and is defined in Section 29-4-203(1) as a "corporate body organized under the provisions of Part 2". Further, in Section 29-4-209(1), it is provided that "an authority shall constitute a body both corporate and politic, exercising public powers..." It is my opinion that these sections do not define a governmental entity which would bring the Housing Authority within the provisions of Amendment One. Please note, there have been no known Colorado Court decisions with regard to whether or not a Housing Authority established under the same provisions as the Estes Park Housing Authority are subject to the provisions of Amendment One. The Estes Park Housing Authority may budget without regard to any of the restrictions or limitations of Amendment One. It should be noted that any transfer of monies from the Town to the Housing Authority is. subject to the spending limitations of Amendment One with regard to the Town. 4. GRANTS: The Estes Park Housing Authority may apply for and manage any available grants. 5. PUBLIC/PRIVATE APPROACHES: It is my opinion that the Housing Authority, in any project, should contract with the Town with regard to any waiver of building permit fees, density increases, water taps, land and etc., from the Town. The Housing Authority then can contract with a third party with regard to a project. The Housing Authority should be the entity contracting with a private party and not the Town. 6. ORGANIZATION: Enclosed please find a copy of the proposed Bylaws for the Housing Authority. If you have any questions or need any changes, please let me know. 7. DEVELOPMENT AGREEMENTS: The Housing Authority has the ability to enter into contractural agreements for the development of affordable housing. I have attached copies of Section 29-4-210 and 29-4-229 with regard to rentals. Those provisions should be reviewed prior to any decision on a project for affordable housing. 8. OUT OF TOWN PROJECTS: Section 29-4-204(5) provides that the boundaries of the Housing Authority shall be the same geographical area . as that of the Town. There is no specific provision that I can find in the statute that limits the authority to projects within the geographical area. However, prior to disbursement of any funds or participation in any project outside of the Town boundaries, it is my opinion that this matter should be looked at further to resolve the questions as this section implies that the Authority projects should only be within the Town. The Authority could enter into cooperative agreements with other Housing Authorities or governments with regard to projects which are outside the corpodate limits of the Town. A cooperative agreement with Larimer County Housing Authority would be appropriate for those projects located outside the corporate boundaries. BYLAWS OF THE ESTES PARK HOUSING AUTHORITY ARTICLE I OFFICE OF THE AUTHORITY The principal office of the Authority shall be located at 170 MacGregor Avenue, Estes Park, Colorado 80517. ARTICLE II MEMBERS AND COMMISSIONERS Section 1. DESIGNATION. The Authority shall be managed by a Board of Commissioners, who shall each have one vote in the conduct of the affairs of the Authority; there shall not be any members of the Authority. The provisions for the appointment or election Cf Commissioners, the term of office thereof, and the provisions for meetings of Commissioners shall be as hereafter set forth in Article III relating to Commissioners. Section 2. PROPERTY INTEREST OF MEMBERS AND COMMISSIONERS. ' No Commissioner of the Authority shall have any right, title, or interest in or to any real or personal property or other assets of the Authority during its existence, or upon the dissolution of the Authority. Section 3. NON-LIABILITY FOR DEBTS. The private property of the Commissioners shall be exempt from execution or other liability for any debts of the Authority and no Commissioner shall be liable or responsible for the debts or liabilities of the Authority. Section 4. INDEMNIFICATION OF COMMISSIONERS AND OFFICERS. To the extent permitted by law, the Authority shall indemnify any commissioner, officer or former commissioner or officer, of the Authority, against expenses actually and reasonably incurred by him or her in connection with the defense of any action, suit, or proceedings, civil or criminal, or for any loss or claim resulting from any such action, suit, or proceeding, in which he or she is made a party by reason of being or. having been a commissioner or officer, including any matter as to which he or she is adjudged in such action, suit or proceeding to be liable for negligence or misconduct in the performance of duty to the Authority. The Authority is authorized to obtain a policy or policies bf insurance for the purpose of providing such indemnification of the commissioners and officers of the Authority. ARTICLE III BOARD OF COMMISSIONERS Section 1. GENERAL POWERS. The business and affairs of the Authority shall be managed by a Board of Commissioners consisting of all members of the Board of Trustees of the Town of Estes Park. The term of office of such commissioners shall be coterminous with their terms of office as a Trustee. Section 2. ANNUAL MEETING. A regular annual' meeting of the Commissioners shall. be held at the principal place of business, or at such other place as the Authority shall determine, on the second Tuesday of January, each year, for the purpose of electing officers and for the transaction of such other business as may come before the meeting. If the day fixed for the annual meeting shall be a legal holiday in the State of Colorado, the meeting shall be held on the next succeeding business day. Section 3. SPECIAL MEETINGS. Special meetings of the Commissioners may be called by the Chairman or any three Commissioners, and it shall then be the duty of the Secretary to cause notice of such meeting to be given as hereinafter provided. Special meetings may be held at any place within or outside Larimer County, Colorado. Section 4. NOTICE OF MEETINGS. Written notice of the date, time and place of each special meeting shall be delivered personally or mailed by first class United States mail to each Commissioner at least five days prior to the date of meeting. Waiver of the notice of any meeting may be given by any Commissioner, either before or after the time of such meeting, and attendance at any meeting shall constitute a waiver of the notice of such meeting. Section 5. QUORUM. A majority of the Commissioners shall constitute a quorum for the transaction of business at any ineeting, and if less- tha-h-a quorum is present, a majority-of - those present may adjourn the meeting from time to time without further notice. Section 6. COMPENSATION. No Commissioner shall receive any salary or compensation for their services nor shall any Commissioner, nor any person from whom the Authority may receive any property cr funds, receive of the Authority any pecuniary profit from the operations of the Authority; provided however, -2- that (a) reasonable compensation may be paid to agents and employees hired by the Authority for services rendered in effecting one or more purposes of the Authority, and (b) any Commissioner may, from time to time, be reimbursed for his.or her actual or reasonable expenses incurred in connection with the administration of the affairs of the Authority. Section 7. CONFLICT OF INTEREST. No commissioner shall enter into any contract or agreement with the Authority in which there exists a conflict of interest of such person in his or her capacity as a commissioner. No commissioner shall acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any project. If any commissioner or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any project, he shall immediately disclose the same in writing to the authority, and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest i shall constitute misconduct in office. ARTICLE IV j OFFICERS Section 1. OFFICERS. The officers of the Authority shall be a Chairman, Vice Chairman, a Secretary, and a Treasurer. The offices of Secretary and Treasurer may be held by the same person. 1 Section 2. ELECTION AND TERM OF OFFICE. The officers of the Authority except Chairman, shall be elected annually by the Board of Commissioners at the regular annual meeting of the Board. Each officer shall hold office until his or her successor shall have been duly elected and shall have qualified. Section 3. REMOVAL. Any officer, except Chairman, elected by the Board of Commissioners may be removed by a unanimous vote of the remaining Commissioners. Section 4. CHAIRMAN. The Mayor of the Town of Estes Park shall be the Chairman. The Chairman shall be the principal executive officer of the Authority and shall in generat supervise and control all of the business and affairs of the Authority. He or she shall preside at all meetings of the Board of Commis- sioners, and may sign, together with the Secretary or any other -3- proper officer of the Authority authorized by the Board of Commissioners, any leases, deeds, mortgages, bonds, contracts, or other instruments which the Board of Commissioners has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board or by these Bylaws or by statute to some other officer or agent of the Authority; and in general he or she shall perform all duties incident to the office of Chairman and such other duties as may be prescribed by the Board of Commissioners from time to time. Section 5. VICE CHAIRMAN. In the absence of the Chairman or in event of the inability or refusal of the Chairman to act, the Vice Chairman shall perform the duties of the Chairman, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairman. The Vice Chairman shall perform such other duties as from time to time may be assigned by the Chairman or by the Board of Commissioners. Section 6. TREASURER. If required by the- Board of Commissioners, the Treasurer shall give a bond for the faithful discharge of his or her duties in such sum and with such surety or sureties as the Board of Commissioners shall determine. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the Authority; shall receive and give receipts for moneys due and payable to the Authority from any source whatsoever, and deposit all such moneys in the name of the Authority in such banks, trust companies, or other depositories as shall be selected; shall render to the Board of Commissioners from time to time statements, which may be written or oral, of the financial condition of the Authority; and shall in general perform all the duties incident to the office of the Treasurer and such other duties as from time to time may be assigned by the Chairmen or by the Board of Commissioners. Section 7. SECRETARY. The Secretary shall keep the minutes of the meeting of the Board of Commissioners in one or more books provided for that purpose; shall see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; shall be custodian of the corporate records and of the seal of the Authority and affix the seal of the Authority to all documents; the execution of which on behalf of the Authority -under its seal is duly authorized-in- .accordance with the provisions of these Bylaws; and shall in general perform all duties incident to the office of the Secretary and such other duties as from time to time may be assigned by the Chairman or by the Board of Commissioners. The Secretary shall be the Executive Director of the Authority. ARTICLE V COMMITTEES The Board of Commissioners shall have the authority to establish those committees which they feel are necessary to advise the Board of Commissioners on issues and projects of the Authority. -4- .. ARTICLE VI FISCAL YEAR A fiscal year of the Authority shall begin on the first day of January of each year and shall end on the thirty-first day of December of such year. ARTICLE VII AMENDMENTS These Bylaws may be altered, amended, or repealed by the affirmative vote of a majority of the Board of Commissioners voting at any special or regular meeting. Notwithstanding the foregoing, these Bylaws may not be altered, amended or repealed so as to be inconsistent with applicable law. 4 0 -5- ESTES PARK HOUSING AUTHORITY CERTIFICATE RELATING TO THE BYLAWS OF THE HOUSING AUTHORITY . I, , Secretary of the Estes Park Housing Authority, Larimer County, Colorado, do hereby certify that the attached copy of the Bylaws of the Authority, consisting of Pages 1 through 5, inclusive, is a true and correct copy of the original thereof, adopted and approved at the organizational meeting of the Authority on the day of , 1993, and that there have not been any·amendments or changes thereto. IN WITNESS WHEREOF, I have subscribed my name this day of , 1993. , Secretary Estes Park Housing, Authority - -- BRAC)FORD PUBLISHING CO RECORD OF PROCEEDINGS Planning Commission - May 18, 1993 - Page 2 ~14* of Pine Knoll Subdivision, Second Filing, bfavorably recomm~ded to the Town Board contingent upon-bui following, and it p 4edunanimously: 1. Add ahrate to the plat tba€~addresses prohibiting encroachmehts into thp-'Gainage easement on Lot 1. 2. Finalize the drp*liage design pursuant to the Public Works DepaE$=dht membEAMum dated May 6, 1993. 3. All utifity services to be 11ed as requested bpda-ch utility. --- /. All property pins be set prior to Town Board approval or post an Improvement Guarantee. 3.Bt Final Plat of Lot 2. Craas Addition. and Lot 2. Pedersen Subdivision. known as "The Promontory". The Commission -- approved the preliminary plat April 20, 1993. The proposed subdivision creates 17 lots: 5 lots have been designed for single-family unit or a duplex and 7 lots have been designated single-family. Density/use for Lots 15, 16 and 17 have not been specifically identified. Paul Kochevar, Applicant's representative reviewed the plat reporting that the first phase will include *20 acres; 8 acres will be dedicated as open space, and the second phase will include 3 acres. Mr. Kochevar concurred with staff's recommendations advising that he would like the plat considered by the Town Board at their June 29th meeting. Following discussion on wildfire mitigation, it was moved and seconded (Brown/Amos) the Final plat of Lot 2, Crags Addition, and Lot 2, Pedersen Subdivision be favorably recommended to the Town Board with the following conditions, and it passed unanimously: 1. Enforcement provisions regarding the wildfire mitigation report to be addressed in the Homeowner's Association documents, provided to and reviewed by Town Attorney White prior to LTown Board approval. Said report to include language to allow the Town an opportunity to mitigate a wildfire hazard should it become necessary. 2. Label open space and private street on the plat as "private." 3. Modify the dedication statement. 4. Modify notes to reflect the current condition of the plat. 5. Plat must contain current (1993) signatures of owners and lienholders. 6. Improvement Guarantee and Letter of Credit must be submitted prior to Town Board approval. 7. Electric service must be extended. 8. Sanitary sewer system must be installed/repair in accordance with Upper Thompson Sanitation District standards. J . w.rzn.-r=v-er-64,1.i-1&1&&VivVE-Creeii;lubdivision, Neil Rosener/Applianal#.--TFrls- su"anis a revision of the Mi Ca~ss-P'~trIT.-which was originally appiaved-in_~1984. The lot 1*Iil BRADFORD PUOLISHING CO. RECORD OF PROCEEDINGS Planning Commission - June 15, 1993 - Page 2 dhigk=nd maintenance. It was moved-~econded (Brown/Amdsl====thLI~vised landscapi*g>=*Ian be approved contingent upon the Irparki,2..,paca~-be delineated to conform to parking space standards, and-it==paesed by the following votes: Those_vating-'"Yes" Commissioners-Ainos=~REown, Burgess, Miller PohI and Sager. Those voting "No" (6*issig295 A. .<k 1.8. -2¥€1 Amended Plat of Lots 18. 22 and 30. Grand Estates Subdivision. Robert & Lois Juraens/Applicant - Revised. Bill Van Horn, Applicant's representative, stated that the amended plat adjusts the boundary lines among three existing lots, with the existing motel placed on one lot. A development plan will be presented in the future for development of the two vacant lots. Electric and sewer line easements have been addressed. There were no comments from the audience. It was moved and seconded (Brown/A. Hix) the Amended Plat be favorably recommended to the Board of Trustees, and it passed unanimously. ....FO'OPU'.SHING.O. Mtivnw wr rnvy--w••,-- '-I - planning Commission - March 16, 1993 - Page 3 &<f Rezoning Reauest. from C-O Outlving Commercial to R-H Multiple Family. Chairman Sager opened the public hearing. 3. 9, /, - The Applicant submitted a rezoning request as identified -'- above, and the Comprehensive Plan has designated this area as residential. As there was no public testimony, Chairman Sager declared the public hearing closed. Discussion included covenants that would preclude garage conversion to a bedroom. Town Attorney White noted that the rezoning was in the interest of the neighborhood, if the Amended Plat were approved without the rezoning, there would be a large commercial lot next to the neighbors. It was moved and seconded (A. Hix/Brown) the rezoning request from C-0 to R-M be favorably recommended to the Board of Trustees, and it passed unanimously. 1-Jrf Final Plat of East Park Resubdivision. North Ridae Meadows Condominiums. Rich Wille/Applicant. Representing the Applicant, Bill Van Horn commented that this final plat 3. C. 02- > combines the previous resubdivision into a single lot. Mr. Van Horn questioned staff's recommendation concerning the designation of the northwest corner of Lot 1 as an outlot-- concern whether such a designation would affect density calculations. Director Stamey reviewed the staff report, noting that he advised the Applicant that he would be required to install or guarantee construction of the street system and utilities--any relief or adjustment to the Improvement Guarantee must be authorized by the Town Board. Director Stamey confirmed that the outlot may be used for density calculations. There were no comments from the audience. Phase I will "stand on its own" with the exception of the cul- de-sac located on Raven Ave. Based upon concerns that the integrity of the site be preserved (completion of cul-de-sac construction if Phase II is not constructed, and looping of utility lines), the Commission suggested that, if requested, the Town require the Improvement Guarantee for Phase I street construction including the cul-de-sac to ensure completion of the project. Mr. Van Horn confirmed that looping of the water lines and the fire hydrant will be constructed in Phase I--the Applicant is aware of the stipulation with the first phase and will provide an Improvement Guarantee if required to do so-- the primary issue is the road (which will be graded) and drainage. Mr. Van Horn also confirmed that all required plans and drawings had been submitted for review. With regard to the drainage plans, a verbal approval has been received from the MacGregor Trust. Larimer County is still reviewing the plans, however, all issues appear to be resolved. The Applicant is aware that written confirmation from the aforementioned must be received by staff prior to Town Board approval. Director Stamey reviewed the staff report. It was moved and seconded (Brown/Burgess) the Final Plat of East Park Resubdivision be favorably recommended to the Board of Trusteds with the following conditions, and it passed unanimously: 1. Prior to final plat approval by the Board of Trustees, the Applicant provide complete street, drainage and grading plans, and utility plan and profile drawings. 2. Private street maintenance note be added to the plat. 3. Dedication statement be modified. 4. Provide land area of Lot 1 and designate the northwest corner of the site as Outlot A, non- building site. 5. An Improvement Guarantee be required for the installation of the cul-de-sac located at the end of North Ridge Meadow Drive should Phase II not proceed. 6. Installation of the balance of the improvements be completed or guaranteed prior to Town Board approval. t BRA/FO/0 PUBLISHING CO. RECORD OF PROCEEDINGS Planning Commission - March 16, 1993 - Page 4 .Pr SUBDIVISIONS. 31 Villas/Applicant. The Commission approved the preliminar¥ 5.,6. Final Plat of Lot 30. Bonnie Brae Addition. Mountain Golf ~ plat and development for 30 dwelling units August 18, 1992. Paul Kochevar reviewed the status of the subdivision proposal, and reported that a revised plat drawiAg had been submitted which incorporated staff comments. Director Stamey reported that final street and utility plan and profiles have been submitted and approved by the Public Works Department, and that the subdivision involves the vacation and relocation of Community Drive and the extension of Matthew Circle. There was no additional public testimony. It was moved and seconded (Doylen/A. Hix) the Final Plat of Lot 30, Bonnie Brae Addition be favorably recommended to the Board of Trustees contingent upon the following, and it passed unanimously: 1. New Community Drive be constructed and accepted by the Town and the previous right-of-way vacated prior to recording of a final plat. 2. Outlet A Open Space, non-building site note be placed on the plat, and 'homeowners document to address this reservation and maintenance of the open space. 3. A utility and access easement be provided across the vacated right-of-way. 4. The private drives be labeled and the street names identified. 5. Utility easement be provided, pursuant to Light & Power Department and Estes Park sanitation District. 6. If needed, an Improvement Guarantee for all improvements is required. July 8, '93 45, C. Stephen L. Stamey · Community Development Director Town of Estes Park RE: Booth Resubdivision - Improvement Guarantee Dear Mr. Stamey: The difficulty find a person to fill in their already booked schedule to rough grade, gravel, and relocate Fall River Lane has forced us to post-pone the process. Work will start on August 31st, instead of the original recommended date of july lst. (Please see attached agreement for your reference.) Respectfully ~ours, Maria Lin / ~ EnclosedEw;rk agreement at LAIVUJUAVING P.O. Box 3424 1041 ESTES PARK, CO 80517 PLEASE INDICATE THE ABOVE NUMBER WHEN ORDERING (303) 586-8707 ·t Johnson and Maria Lin QUOTATION DATE SALESPERSON P.O. Box 1845 Estes Park, CO 80517 7/5/93 INQUIRY DATE INQUIRY NUMBER ESTIMATED SHIPPING DATE SHIPPED VIA F.O.8. TERMS QUANTITY DESCRIPTION PRICE AMOUNT Build Fall River Lane along the south line of ' th6 amended plat of Tract A, Booth Subdivision per plans by Estes Park Surveyors and Engineer's Inc., dated and signed by Paul Kochevar on 7/1/91 Rough Grade and dompaction $1,890.00 Import 100 ton of 3/4" road base 1,060.00 Rip Rap Rock for drainage swale 950.00E Raise stand pipe on water valve 100.00/ Final Grade ' 875.00' Total $4,875.00 This price includes removal of Steel I Beams hefaxax on other lot before April 1, 1994 Start Date for work August 31, 1993 , Completion date September 13, 1993 WE ARE PLEASED TO SUBMIT THE,ABOVE QUOTATION FOR YOUR CONSIDERATION. SHOULD YOU PLACE AN ORDER, 4[kASSURED IT WILL RECEIVE OUR PROMPT ATTENnON. THIS QUOTATION ~SUBJECT TO THE#601*TIONS PRINTED ON REVERSE SIDE, AND IS VALID FOR DAYS. TI,EAMFTER IT IS SUBJECT TO CHANGE WI™OUT NOnCE 1 , Y 1~~, -r'~ ACCEPTED DATF 7/5/93 - 14/Ull \ *p 40% Pre-Consurner Content • 10% Post-Consumer Content r U \ IGN AND RETURN YELLOW ACCEPTANCE COPY WHEN ORDERING. , €7LnU*iD ! DDUCT :90 2 9 'Inc Groten Mass 01471 To Oider PIONE TOLL FREE 1·800·225€380 Board of Trustees - May 25, 1993 - Page 3 Klaphake reported that as the Department has formed a 501 (C) (3) non-profit corporation, all funds raised are not included under Amendment 1. The Trustees commended th~*TEL_pepartment, RMNP, and the Ta,m--fRF'~lhe cooperative---UHae that "makes gqgarrlm€ht work", and authorized Town At€Brne,L Whit*-to-Iraft an agreement for the satellite station. Closure of MacGPdaor Avenue. Chief -hmley expressed the Departmenconcern with the potentfaclosure of MacGgegor Avenue. Administrator Klaphake reiterated that )D·ir€ item is merely under discussion at this tim@\ 0. Planning Commission, May 18, 1993: A. Lot 2. Amended Plat of Tract A. Booth Resubdivision. i. Johnson and Maria Lin/Applicant. Trustees Habecker and Hix declared potential "conflicts of interest" and stated they would not participate in discussion nor vote. Community Development Director Stamey reported that the Planning Commission conditionally approved the time extension requested by the Applicant. A new Improvement Guarantee has been received and the Applicant has confirmed that they will rough grade, gravel and relocate the road by July 1, 1993 as stipulated; paving should occur by October 1. It was moved and seconded (Dekker/Doylen) the time extension be approved, and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen and Gillette. Those voting "No" none. Those "Abstaining" Trustees Habecker and Hix. B. \ Pine Knoll Addition. 3.06 Acres. Martin and Beniaming 1Ielsema/Applicant. Annexation. Mayor Dannels opened p lic hearing to consider the annexation of Pine K 11 Add tion. Trustee Dekker declared a potential "co ict of i terest" and stated he would not partici te in discus 'on nor vote. With the exception of the sewerli , Director Stamey noted that all item addressed by the P anning Commission had been fina zed on the plat. Tow Attorney White read the Annex ion Ordinance in full. A there was no public commen , Mayor Dannels declared the ublic hearing closed. t was moved and seconded (Doyl /Hix) the Ordinance e approved, and it passed unanimou y with Trustee Dekker Abstaining. Whereupon Mayor nnels declar the ordinance duly passed and adopted, and order it numbered 5-93 and published according law. Zoning. Town Attorney i read the Zoning Ordinance zoning the subdivision Estate. It was moved and seconded (Hix/Doylen) t 0 dinance be approved, and it passed unanimously w h T stee Dekker Abstaining. Whereupon Mayor Dan ls decl ed the ordinance duly passed and adopted and ordere it numbered 6-93 and published accordin to law. Final Plat Pine noll Subdivision. Se nd Filing. Noting that during tb' Planning Commission megting a neighbor expressed no/bbjection to the plat addihg that this was the best u,Ke of the site, it was move€ and seconded (Hix/Doyl#O the Final Plat of Pine Knoll \eubdivision, Second 1/ling be approved, and it passed unani~usly with Trust,6 Dekker Abstaining. C. Fin~l Plat of Lots 5-18. Village Greens Subdivisidk. Neil 26sener/Applicant. Mayor Dannels opened the Ablic ~hearing to consider said Final Plat. commuhity Development Director Stamey reported that all Planning Commission concerns have been incorporated on the plat, DR 8439 (3/86 - DRL 439) STATE OF COLORADO DEPARN-MENT OF REVENUE Denver Coloraco 80261 1375 Sherman Street •LIQUOR ENFORCEMENT DIVISION (303) 866-3741 APPLICATION FOR A SPECIALEVENTS PERMIT • APPLICATION MUST FIRST BE SUBMITTED TO THE LOCAL JUN 1 0 1993 LICENSING AUTHORITY (CITY OR COUNTY) AT LEAST THIRTY (30) DAYS PRIOR TO THE EVENT. 0 APPROVED APPLICATIONMUST BE RECEIVED BY THE LIQUOR ENFORCEMENT DIVISION AT LEAST TEN (10) DAYS PRIOR TO LIQUOR PERMIT ACCT. NO. EVENT. 0 Print ortypewriteinBLACKINK. 0 Attach diagram (8>60' x 11" maximum) showing where liquor will be DO NOT WRITE ·N THIS SPACE served and consumed. I Attach copy of Certificate of Good Corporate Standing (non-profit) LIABILITY INFORMATION (issued by Secretary of State w ithin last two years). COUNTY CITY iNDUSTRYTYPE LIABILITY DATE I If Political Candidate, attach copies of reports and statements that were filed with the Secretary of State. STATE FEE PAID 0 Attach copy of deed, lease, or written permission of owner for use FERMENTED MALT BEVERAGE MALT, VINOUS&SPIRITUOUS of the premises. (3.2 BEER ONLY) 45-09 LIQUOR 41 · 09 I Applicant must have Colorado Sales Tax Account (not Tax Exempt Number). 0 Applicant organization cannot obtain more than 10 Special Events Permits in one calendar year. <9) (9) IN ORDER TO QUALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NON-PROFIT AND ONE OF THE FOLLOWING: (See back for details.) CHECK ONE. % SOCIAL E CHARTERED BRANCH, LODGE, or CHAPTER OF A CJ FRATERNAL NATIONAL ORGANIZATION OR SOCIETY £ PATRIOTIC E RELIGIOUS INSTITUTION U ·POLITICAL 2 PHILANTHROPIC INSTITUTION 6 ATHLETIC U CHECK HERE IF APPLICANT IS A POLITICAL CANDIDATE U CHECK HERE IF APPLICANT IS A MUNICIPALITY OWNING ARTS FACILITIES Type of Special Event applicant is applying for: Your Local Licensing Authority (city 3 FERMENTED MALT BEVERAGE (3.2 Beer) (State Permit Fee - S1O.00/clay or county) will indicate the amount of f MALL VINOUS AND SPIRITUOUS LIQUOR (State Permit Fee - S25.00/clay) their permit fee. 1. NAMEOFAPPLICANTORGANIZATION ORPOLITICALCANDIDATE: LoNG b PEAK 5CoTT\S H - iRGH FESTIVAL 2. MAILING ADDRESS OF ORGANIZATION OR POLITICAL CANDIDATE: 3. ADDRESS OF PLACE TO HAVE SPECIALEVENT: P 0 Box I ao STA-W LG·9 EASE BALL FIELDS CITY OR TOWN: STATE ZIP CITY OR TOWN: STATE ZIP 55-res FAB<_ Co gos)7 ESTE-5 Aima Co 80€17 NAME: DATE OF BIRTH HOME STREET ADDRESS PHONENUMBER CITY.STATE. ZIP. - 4.PRES./SEC'Y OF ORGANIZATION or POLITICAL CANDIDATE: JAn'165 .DURWARD 1-11-35 1041 9, kAA)12 556- 11 370 BrES +464 CO, 869-/ 5. EVENT MANAGER: 3'Am 6-5 DulluAIZZP 1--11-35- /04l A) 1-·.4-k)6- 62(0--,2/ 36 96765 29£Kal) @0677 7. Has applicant organization or political candidate been issued a 8. Is premises now licensed under state liquor or beer code? Special Event permit this calendar year? ~1 YES To whom? U NO E YES How many days? 'wf NO LIST BELOW THE EXACT DATE{S) FOR WHICH APPLICATION IS BEING MADE FOR PERMIT D.te: Set, 11 0 ate: Sen 1 1 Date: Date Date. Hours: From g.00 /tht Hours: From ~'0 0 Al•l Hours: From .m. Hours: From m. Hours. From TO 9: 00 frA 0 160 Pm TO .m. To m. To OATH OF APPLICANT I declare under per*ty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information th¢*n is true, correct, *nd complete to the best of my knowledge. 3/n LL- f [ 7»551 Deul-- ..5.um€, 1 )493 TITLE: DATE: 47 REPORT'AND APPROVAL OF LOCAL LICENSING AUTHORITY _ The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do report that such permit, if granted, will comply with the provisions of Title 12, Article 48, C.R.S. as amended. THEREFORE THIS APPLICATION IS APPROVED. LOCAL LICENSING AUTHORITY I.D. NUMBER: LOCAL LICENSING AUTHORITY (CITY ORCOUNTY): SIGNATURE: TITLE: DATE: EE clOND CLARK WH IT ; 7- 8-93 9:34AM ; 6699380-4 303 586 4496:# 2 ORDINANCE NO. = AN ORDINANCE AMENDING SECTION 9.18.040 OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK AS IT PERTAINS TO BICYCLES WHEREAS, the Board of Trustees of the Town of Estes Park has determined that it is necessary to amend Section 9.18.040 of the Municipal Code of the Town of Estes Park. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN Of ESTES PARK, COLORADO. Section 1. Section 9.18.040 is hereby amended as follows: 9.18.040 Restrictions on Bicycles. It is unlawful for any person to operate a bicycle upon any portion of Riverside Plaza and the portion of the Riverwalk from Barlow Plaza to its intersection with East Riverside Drive. A bicycle may be operated on any other public street, alley, parking lot, riverwalk or designated bike path. Section 2. The adoption of this Ordinance is hereby declared an emergency in order to immediately control the use of bicycles on public property, and WHEREAS, it is the opinion of the Board of Trustees that an emergency exists and this Ordinance shall take effect and be enforced immediately after its passage, adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO THIS __ DAY OF , 1993. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk I hereby certify that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 1993, and published in a newspaper of generalairculation in the Town of Estes Park, Colorado on the A day of -, 1993. Town Clerk