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HomeMy WebLinkAboutPACKET Town Board 1994-07-12BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, July 12, 1994 7:30 P.M. AGENDA Presentation of Journeyman Certification to John McDougall - Light and Power Director Matzke. 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 14, and Special Meeting June 20, 1994. 2. Bills. 3. Committee Minutes: A. Public Safety, June 16, 1994. B. Planning Commission, June 21, 1994 (acknowledgement only). 4. Liquor Licenses: A. Special Event Liquor Permit Application filed by James A. Durward/Long's Peak Scottish-Irish Highland Festival - Motion to post premises (consideration of the application will be held July 26, 1994). B. Resolution - Setting public hearing date of August 9, 1994 for New Hotel and Restaurant License filed by Johnathan V. & Amy E. Lyreman dba COWPOKE CAFE OF ESTES PARK, 165 Virginia Ave. ACTION ITEMS: 1. Public Safety Committee, June 16, 1994: A. Fire Department - Cooperative Agreement with Rocky Mountain National Park for Fire Facility. 2. Planning Commission: A. Public Hearing - Final Plat of Lots 1 and 2, Stanley Village Subdivision, Stanley Commercial Development/Applicant - Continued from May 10, 1994. B. Final Plat of Lot 3, Stanley Historic District, FHK Co. Partnership/Applicant - Request 10-day extension for submittal of Improvement Guarantee. 3. Rocky Mountain National Park Wilderness Act Of 1994 "Wilderness Bill" - Discussion with representatives from RMNP, and the Offices of Hank Brown, David Skaggs and Wayne Allard. 1 4. Presentation of 1993 Comprehensive Annual Financial Report - Finance Officer Vavra and Steve Jackson/CPA. 5. Town Administrator's Report. 6. Motion to enter Executive Session to discuss property interest. Board of Trustees Convene as Estes Park Housing Authority 1. Appointment:· Current Officers: Chairman - H. B. Dannels Vice Chairman - Vacant Secretary - Robert L. Dekker 2. Re-introduction of Mission Statement and Strategic Plan. 2 Town of Estes Park, Larimer county, colorado, . o Jpne .14 , . . .. 19. .94 Minutes of a . Regular . . meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . .119~. day of ..... JHne .., A.D., 19. .94 at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......... Pregent: Mayor -- Trustees: H. B. Dannels Robert L. Dekker, Mayor ProTem Susan L. Doylen, Stephen W. Gillette, William J. Marshall, Also Present: Richard D. Widmer, Michael E. Miller Assistant Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk Absent: Absent: J. Donald Pauley, Trustee Mayor Dannels called the meeting to order at 7:30 P.M. PUBLIC INPUT. There was no public comment. CONSENT CALENDAR: 1. . Town Board minutes dated May 24, 1994. 2. Bills. 3. Committee Minutes: A. Public Works, May 26, 1994. It was moved and seconded (Gillette/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1.A. Amended Plat of Lots 8 and 9. Arapaho Meadows. Mary Ann Kundtz Trust/Applicant - Continued from May 24, 1994. Mayor Dannels opened the public hearing. Community Development Director Stamey reviewed the proposal to adjust the internal lot line between two existing lots; no additional building sites are i being proposed; and the adjustment will allow improved building sites. The Attorney' s Certificate has been received, pins set, and all Planning Commission conditions met. There being no additional testimony, Mayor Dannels declared the public h4aring closed. stating that the integrity of the subdivision will not be affected by this proposal, it was moved and seconded (Dekker/Gillette) the Amended Plat of Lots 8 and 9, Arapaho Meadows be approved, and it passed unanimously. B. Final Plat of Lots 1 and 2. Stanley Village Subdivision. Stanley Commercial Development/Applicant - Continued from Mav 10. 1994. It was moved and seconded (Gillette/Doylen) the Final Plat be continued to July 12, 1994, and it passed unanimously. C. Final Plat of Lot 3. Stanley Historic District. FHK Co. Partnership/Applicant. It was moved and seconded (Dekker/Doylen) the Final Plat be continued to a Special Town Board Meeting scheduled Monday, June 20, 1994 at 1:00 P.M., Board of Trustees - June 14, 1994 - Page 2 and it passed unanimously. Mayor Dannels reported the Trustees will meet at a 12:00 Noon study session prior to the meeting. 2. Rockv Mountain National Park Wilderness Act Of 1994 - Discussion of Proposed "Wilderness Bill." Ass't. Administrator Widmer reported that Congressman Allard requested input from the Town Board concerning said Bill and wilderness designation for RMNP. Staff analyzed the Bill and provided a memorandum listing "pros" and "cons". There remains many serious unanswered questions which must be clarified before the Board is able to take a stance. Staff added that in a telecon with Steve Smith of Congressman David Skaggs Office (the Bill sponsor), Mr. Smith requested this item be continued to a future date to enable their presentation. Public testimony was heard from Ann Vickery speaking as a home owner on High Drive and representative from the Colorado Mountain Club: both support the proposed legislation, the Park belongs to everyone, the water rights language will not infringe on any private rights/property, all existing roads have been excluded, RMNP has requested the proposed legislation, and the Bill Will not increase current restrictions. Lou Canaiy--75% of those touring RMNP view the Park from the windshield of an automobile, RMNP is not interested in hosting masses of the population, and he was concerned that the Mayor was not invited to attend preliminary discussions on this issue--the relationship between both agencies has faltered. Lou Cherbeneau--has been a wilderness advocate since the '60's and supports the proposed Bill. Trustee comments: request representatives from the RMNP, Skaggs' Office, and Allard's Office to attend a Town Board meeting, concern with "over use", opportunity to attain "middle ground", buffer zones and potential effect on private property, and potential impact to the Hondius Water System. Staff reviewed a map of the wilderness designation boundary, and Town Attorney White commented on certain language contained in the proposed Bill relating to water rights which, in his opinion, is inappropriate and serves no purpose. It was moved and seconded (Doylen/Dekker) this item be continued to the July 12, 1994 meeting, requesting representatives from the RMNP, and Wayne Allard's and David Skaggs' Offices to attend, and it passed unanimously. 3. Park Entrance Estates Annexation - Review of Surveying Proposals. Following the Board's approval of the Memorandum of Understanding for the eventual annexation of Park Entrance Estates, staff received proposals for the surveying, monumentation and drafting of the Park Entrance Estates Annexation Map: Estes Park Surveyors ............. $3,000 Rocky Mountain Consultants ................. 9,920 Van Horn Engineering ....................... No Bid The low bidder, Estes Park Surveyors, has performed many projects for the Town and all work has been completed in a very satisfactory manner. It was moved and seconded (Doylen/Gillette) the bid submitted by Estes Park Surveyors in the amount of $3,000 be accepted, and it passed unanimously. 4. Crown and Thistle. Inc.. dba Matinee Cafe. Ltd.. 206 E. Elkhorn Ave. - New Beer and Wine Liquor License Application. Mayor Dannels opened the public hearing and Town Attorney White reviewed the application and procedure. Margaret Van Dyke, President/Crown and Thistle, Inc., stated that the Board of Trustees - June 14, 1994 - Page 3 business was previously operated as the Riverwalk Deli and that the liquor license is being requested as an enhancement for their customers. Clerk O'Connor confirmed that a petition bearing 19 signatures in favor of granting the license had been received. Attorney White noted that the triangular piece Of public property immediately to the west Of this establishment was leased to Lee Kemper (building owner) to compensate same for right-of-way for the Riverwalk Project. The 5-year lease allows outdoor seating; however, as it is public property, any and all liquor service is not allowed. The Applicant confirmed that they were aware of this stipulation for this particular site. There being no further ~ testimony, Mayor Dannels closed the public hearing. Finding I that the reasonable requirements of the neighborhood are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are for the granting of ~ this liquor license, it was moved and seconded (Gillette/Dekker) the Beer and Wine Liquor License for the I Crown and Thistle, Inc., dba the Matinee Cafe, Ltd. be granted, and it passed unanimously. 5. Town Administrator's Report - Proiects. Ass't. Administrator I Widmer briefed the Trustees on the Americans with Disabilities Act (ADA) of 1990. The Act was extended to all state and local governments in January, 1992. A three-year time frame ! was given in which to bring all public (does not include water I plant facilities and the like) Town facilities into ! compliance. Ass 't. Administrator Widmer was appointed to 1 -~ serve as the Town's ADA Coordinator and a Transition Plan for I compliance was completed in August, 1992. Meetings were held with staff members Linnane, Allman, Stamey, Sievers and Widmer plus three representatives from the disabled community (Lori ~ Mitchell, Lois Muehlbauer, and Wendy Knudson). Typical improvements include handicapped parking spaces, ramps, signage, adjustment of door closures, thresholds, railings, and access to drinking fountains and picnic tables. Paved ~ accesses will be installed at the Museum and Fairgrounds. Costly improvements include restroom facilities at the Fairgrounds; the Senior Center may also include costly . improvements. The first phase was accomplished for $12,700 in ~ 1993, and staff anticipates an expenditure. of $13,000 in 1994. A budget for 1995 has yet to be determined. State and local governments are experiencing limited resources; therefore, with a "good faith approach" toward compliance by January, 1995, the Federal Government should not cite the Town. Citizens have contacted the Town with various ADA suggestions, and staff encouraged continued input from the community. The : Board commended staff, particularly Bill Linnane and Greg Sievers for their participation on this project. A member of the news media questioned hiring practices for the ~ disabled, particularly as it relates to such a person's access to Town facilities that are not required to meet ADA requirements. Staff confirmed that the Town does not discriminate against the disabled and would perform reasonable accommodation for that employee (eg: install a ramp at a water plant facility). Mayor Dannels noted that the regularly-scheduled Town Board meeting Tuesday, June 28, 1994 has been canceled, and reiterated that the Board will conduct a special meeting on Monday, June 20. There being no further business, Mayor Dannels adjourned the meeting at 8:41 P.M. .................. Mayor ................ Town Clerk Town of Estes Park, Larimer County, colorado, . June 20. ...., 19.96 . Minutes of a · Special* · . meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Municipal Building in said Town of Estes Park on the . 20%4 . day of ... .JBne. ..., A.D., 19.9A . at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor ......................... Present: Mayor Trustees: H. B. Dannels Robert L. Dekker, Mayor ProTem Susan L. Doylen, Stephen W. Gillette, William J. Marshall, Also Present: Michael E. Miller Gary F. Klaphake, Town Administrator Gregory A. White, Town Attorney Tina Kuehl, Ase•*20¢ Deputy Town Clerk Absent: J. Donald Pauley Mayor Dannels called the special meeting to order at 1:02 P.M. Mayor Dannels reported that this special meeting was called because the second regular meeting in June had been canceled. Public Hearing - Final Plat. Lot 3. Stanley Historic District. FHK Co. Partnership/Applicant (continued from June 14. 1994). Mayor Dannels opened the public hearing. Director Stamey reported that this site is included in the Stanley Historic District Master Plan and Development Agreement, the proposal has evolved from 50 multi- family units to 20 single-family lots, sites have been arranged to minimize earth movement, a note has been placed on the plat limiting each lot to one single-family dwelling, proposed private access and cul-de-sac have been approved by the Fire Chief, and legal status of the horse trail and the single-family residence requirement has been noted on the plat. Approval of this plat is for this site only and is non-precedent setting. A gate may be installed at the entrance of the private cul-de-sac, built to Town standards and access made readily available to utility companies and public safety/medical vehicles. The Technical Review Committee and the Architectural Review Committee will review all development and landscaping on each lot as it occurs. Director Stamey added that at the Planning Commission meeting Karen Zipser, President of the Stanley Hills Homeowners' Association, expressed appreciation to the staff for the final proposal. Two compromises were identified as follows and considered reasonable modifications to the Stanley Historic District Plan: 1. Open space: The Master Plan states that 30% open space is required exclusive of lotted area. This subdivision proposal provides for 30% open space, however, it is included within the lots, and protected with an open space conservation easement. This easement prohibits disturbance, fences, patios, etc. Property markers to delineate the setback and open space areas will be designed by members of the Technical and Architectural Review Committees and installed by the applicant. The current horse trail will be relocated along the east side of the subdivision, and it will be expanded to include a pedestrian access easement. 2. Cul-de-sac: The Municipal Code provides that no more than 12 residences may be served by a cul-de-sac; however, Board of Trustees - June 20, 1994 - Page 2 reconfiguration and negotiations will allow 20 residences. The neighborhood supports this design as opposed to connecting the street to Steamer Drive, at the northeast corner of the development. Bill Van Horn, Applicant's Representative, reported that property corners are staked but not monumented, and an open space area will be outlined to establish construction limits. As there were no comments from the audience, Mayor Dannels closed the public hearing. Stating that the compromises reached for the development of the Stanley Views Subdivision demonstrate positive results for all parties involved, it was moved and seconded (Dekker, Doylen) the Final Plat of Stanley Views Subdivision be approved, contingent upon the following, and it passed unanimously: 1. Improvement Guarantee submitted by July 5, 1994. 2. Final homeowners' association documents submitted by July 5, 1994. 3. Plat recorded only after the above-mentioned documents are received and approved. Trustee Doylen commended the applicant for considering the sensitivity concerns of the neighborhood. There being no further business, Mayor Dannels adjourned the meeting at 1:17 P.M. Mayor Deputy Town Clerk BRADFOROPUFLISHING.0 RECORD OF PROCEEDINGS Public Safety Committee June 16, 1994 Committee: Chairman Gillette, Trustees Dekker and Marshall Attending: All Also Attending: Police Chief Racine, Fire Chief Rumley, 1st Ass't. Fire Chief Ford, Clerk O'Connor Absent: Administrator Klaphake Chairman Gillette called the meeting to order at 8:00 A.M. POLICE DEPARTMENT. Petition to Alter Road Signs - Portion of Country Club Manor Addition. The Committee reviewed a petition bearing 54 signatures requesting the existing "Yield" Signs for east and west-bound traffic at the following locations be converted to "Stop" Signs: at High Street and Birch Ave., High Street and Columbine Ave., Driftwood Ave., and Elm Ave. Petitioners cited near fatal and frequent accidents as the basis for their submittal. Chief Racine commented that in the late '70's when the Yield Signs were installed, the intent was to monitor the area for potential conversion to Stop Signs. If approved, the Department will begin vigorous enforcement. Following discussion, the Committee recommends approval of the request to convert the Yield Signs to Stop Signs for all those locations identified above. FIRE DEPARTMENT. Hazardous Material (haz-mat) - Continued from April 21, 1994. 1st Ass't. Fire Chief Ford submitted the following minimum required haz-mat equipment/training list: 4 - Fully Encapsulated Level A Suits w/ Pass-Through Device 0 $900/ea. ....... .. $ 3,600 4 - One-Hour Air Packs @ $2,600/ea. ......... 10,400 4 - Communication Upgrades @ $1,100/ea. ..... 4,400 1 - Manifold System for Pass Through Device w/Hose @ $4,800/ea. ............. 4,800 4 - Level B Suits @ $200/ea. ................ 800 1 - Test Kit for Level A Suit @ $500/ea. .... 500 8 Sets - Nomex Coveralls @ $125/ea. 1,000 1 - Wind Sock 0 $100/ea. 100 Haz-Mat Training Budget for NFPA 472, NFPA 1001, OSHA 1910.120 for 1995-1996 0 $10,000/yr. 10.000 $35,600* Chief Rumley commented that training for Levels 1 and 2 can be accomplished in-house; however, for Levels 3 and 4, firemen will be traveling to the east or west coast. Approximately 3 or 4 firemen should obtain the Level 3 or 4 training at approximately $2,500/man. In addition, training must be scheduled on an annual basis to gain protection from the liability involved. Questioned why the haz-mat training is necessary when assistance could arrive in 40-50 minutes, Chief Rumley responded that the training is mandated by the National Fire Protection Association and OSHA, the potential assistance from Loveland/Ft. Collins could be unavailable if the crew is elsewhere, and substantial funds would still have to be set I.A.FOROPUBLISHING.0. RECORD OF PROCEEDINGS Public Safety Committee - June 16, 1994 - Page 2 aside to reimburse out-of-town assistance. Expressing their appreciation to Fire Department Representatives for their presentation, the Committee took no further action as funding review will take place during upcoming 1995 Budget discussions. Cooperative Agreement with Rocky Mountain National Park for _ a Fire Facility. This Agreement provides for the construction and maintenance of a new fire facility to be constructed on RMNP land with $30,000 in funding being provided by the Volunteer Fire Department. The Agreement was originally submitted to the Committee in January 20, 1994. Following amendment, Chief Rumley reported that the Agreement is being submitted for approval. Town Attorney White has reviewed the Agreement, and the Fire Department has unanimously voted in favor of its approval. RMNP Representatives Steve Iobst and Rick Schumann identified the project and presented drawings. The original plan called for the fire station to be attached to a storage facility. RMNP is now considering a free-standing 42x42 sq. ft. facility which would be shared with the Alpine Hot Shot Firefighters. Two large crew transport vehicles would be stored in the facility, and the plan includes restroom facilities, fire sprinkler system, heat system and exterior access. RMNP is currently negotiating with a contractor for construction of the fire station which is to be completed in the Government's fiscal year 1994. The Committee commended the efforts of Chief Rumley and Mr. Iobst on this project stating that with limited resources, the possibility of public/private partnerships will be increased. The Committee recommends approval of the Cooperative Agreement as presented. REPORTS. Concerning the alleyway behind The Happy Texan/Park Place Mall Building, Chief Racine reported that written notice has been issued to all affected merchants advising of the posting of the "No Unattended Vehicles" sign. Enforcement includes a 30- day warning period. Lieutenant Filsinger presented a display of Blood and Air- Borne Pathogen Equipment intended to maintain officer survival mandated by CIRSA and the Professional Police Association. Odds of contracting Hepatitis B, the HIV virus, and Tuberculosis are increasing and where a victim is bleeding, prevention of communicable and infectious diseases is paramount. The equipment ranges from puncture-proof gloves, bio-hazard trash containers, fluid resistant gowns, long stem tubes for syringes, germicidal cleaner, and first aid supplies. Although all squad cars carry certain equipment, one of the new police vehicles will be thoroughly stocked and used as the "supervisor car." Current guidelines also include a quarantine whenever a spill or leakage occurs, and the squad car has been so quarantined four times. The majority of the Department has received Hepatitis B vaccinations. Fire Chief Rumley added that the Fire Department also received these vaccinations and that their standard policy with assisting victims is that gloves must be worn. Estimated cost of equipment/year is $1,500. Lt. Filsinger BRADFORIPUBLISHING.0 RECORD OF PROCEEDINGS Public Safety Committee - June 16, 1994 - Page 3 presented copies of the new guidelines which have been added to the Police Manual. The Committee commended Lt. Filsinger for the informative report, commenting on the value of protecting Police Officers. There being no further business, Chairman Gillette adjourned the meeting at 8:51 A.M. REaio· @4*4 Vickie O'Connor, CMC, Town Clerk BRADFORD PUBLISHING co. RECORD OF PROCEEDINGS Planning Commission June 21, 1994 Commission: Chairman Al Sager, Commissioners Mark Brown, Harriet Burgess, Gary Cooper, Alma Hix, Edward Pohl and David Thomas Attending: All Also Attending: Trustee/Liaison Dekker, Community Development Director Stamey, Clerk O'Connor Absent: None Chairman Sager called the meeting to order at 9:30 A.M. and noted that he previously announced that the Commission would meet at 9:30 A.M. during June, July, and August. The minutes reflected the inclusion of September and Chairman Sager confirmed this action. 1. MINUTES. Minutes were approved as submitted. 2. DEVELOPMENT PLANS. 2.A. Development Plan #94-5. Lot 1. Block 1. Lone Pine Acres Addition. Steve & Susan Swickard/Applicant (Continued from May 17. 1994). The Applicant is proposing a 5,683 sq. ft. retail sales building with associated parking. The building will have 1,600 sq. of basement storage, 4,200 sq. ft. of retail on three levels, 533 sq. ft. of garage, and 950 sq. ft. of enclosed parking. The application was continued due to an incomplete submittal, particularly relating to an easement for the parking and shared driveway. Applicant's representative Paul Kochevar reported that the following revisions had been made: 1. A Grant of Easement for the parking and shared driveway. 2. Two (2) handicapped parking spaces have been located next to the handicapped access ramp. 3. The ramp has been relocated and does not encroach into the 25' front yard setback. The easement meets requirements of the Development Plan and has been reviewed and approved by Town Attorney White. Commissioner Brown reported on his conversation with the Applicant where he pointed out the reasoning for and conditions of the easement. In the new submittal, Commissioner Brown questioned whether language for a potential alteration and/or abandonment of the easement should be added to ensure the vested interest of the Town is maintained and whether such alteration or abandonment language should be approved by the Town Board. Representative Kochevar cited a preference to include the aforementioned on the Development Plan. Commissioner Cooper questioned the Applicant's request for a 30-day notification time-frame concerning the maintenance and/or repair of the drainage system. Mr. Kochevar stated that: (1) the Applicant does not want the retail business closed should he be unable to correct the detention pond and release structure within staf f' s time-frame of seven days; and (2) unavailability of a contractor due to BRADFORD MILISHING CO. RECORD OF PROCEEDINGS Planning Commission - June 21, 1994 - Page 2 the summer season. Staff clarified standard corrective procedure which would begin with notice to the owner--the Town would not close the business. In addition, Mr. Kochevar stated that staff was seeking a special requirement relating to drainage maintenance and such had not been requested in the past for other plans. Public Works Director Linnane addressed the issue stating that the majority of projects do not threaten adjoining property owners with increased storm discharge from the inundation of the detention structure. In an emergency situation, the Town would assist the owner in this regard. Further clarification found that the owner must perform maintenance of the facility within seven days of any notification by the Town. With regard to the proposed shared parking, the Applicant acknowledged that any future development on Lot 2 must "stand on its own." Representative Kochevar clarified site calculations. Community Development Director Stamey reviewed the staff report, confirming that the three revisions noted above had been added to the Plan. There were no comments from the audience. It was moved and seconded (Brown/A. Hix) Development Plan #94- 5, Lot 1, Block 1, Lone Pine Acres Addition be approved contingent upon the following, and it passed unanimously: 1. A note stating "The pond and release structure must be maintained in original condition by the owner. Maintenance of the facility must be performed within seven (7) days of any notification by the Town" be added to the Plan. 2. Verify the water line size with the Public Works Department which is to be completed in the Building Permit stage. 3. A note be added to the Plan stating that any abandonment or alteration of the parking and access easement would require Town Board approval. Additionally, a provision be included in the easement stating that any open space or parking shall not be credited to the subservient tenant on Lot 2 if developed in the future. Commissioner Brown clarified his motion with the following findings: as the Town cannot bind a subservient tenant, language should be added to the easement, and that the seven day time-frame for correction of the detention facilities does not place an onerous requirement on the Applicant due to the potential hazard and existing conditions. As the Applicant Rich Wille, nor his representative were present for Agenda Item #2.B. Development Plan #94-6, the Commission proceeded with Agenda Item #3 - Subdivisions. 3. SUBDIVISIONS. 3.A. Preliminary Plat of Lot 31. Bonnie Brae Addition. Crystal Creek Development. Inc. /Applicant. Paul Kochevar, Applicant' s representative, reported that the Applicant is proposing to subdivide the site into eight single-family lots, each consisting of 18,0001 sq. ft. Access to each lot would be from two private driveways--there will not be direct access eRADFOROPUILISHING CO. RECORD OF PROCEEDINGS Planning Commission - June 21, 1994 - Page 3 from Community Drive. The Applicant has reviewed all staff recommendations and he has no objection to them. With reference to the "layout" which could be improved to achieve larger groupings of open space, the Applicant has no objection to identifying smaller building envelopes and Mr. Kochevar further identified how such an improvement could be obtained. However, the Applicant does not desire attached zero lot line buildings. Chairman Sager cited the difficulty in determining the building placements on the site, and Mr. Kochevar stated the corners will be set prior to the Final Plat. Community Development Director Stamey reviewed the staff report, confirming that access would not be gained from Community Drive. Director Stamey read a letter submitted by Susan 0' Connor, adjacent property owner, who expressed concern with setbacks. Staff noted that the revision to the layout should resolve this concern. As there were no comments from the audience, it was moved and seconded (Brown/Burgess) the Preliminary Plat of Lot 31, Bonnie Brae Addition be approved with the following conditions, and it passed unanimously: 1. Staff comments concerning utilities, drainage and streets be addressed during the Final Plat. 2. Approval is as presented by the Applicant's representative concerning the understanding and agreement with the layout amendment to utilize smaller, staggered building envelopes. The Commission continued with Agenda Item #2.B. 2.B. Development Plan #94-6. Phase II. North Ridae Meadow Condominiums. East Park Subdivision. Rich Wille/Applicant. Neither the Applicant not his representative were present and staff attempted to locate Applicant' s representative Van Horn. Community Development Director Stamey reviewed the proposal: Phase I consisted of 19 units, and Phase II consists of 28 units in seven 4-plexes, for a total of 47 units. The street and utilities have been installed. Staff noted the following unresolved issues: (1) Phase I abuts multi-family zoning and Phase II abuts E-Estate--improvements must be indicated on the plat; (2) a subdivision proposal to divide this site into two lots was reviewed by the Planning Commission, however, it was never finalized by the Board of Trustees--the Applicant needs to confirm their subdivision intent; and (3) the development phase includes a period up to May 31, 1998. This is beyond the three years allowed for vested rights--the Applicant must determine whether he will stay with the 3-year period, or request Town Board approval for the additional one year time extension. Staff confirmed that neighborhood reaction during construction of the first phase was evident; however, no other communication has been received. Public comment was heard from Ron Harvey who stated that work completed thus far on the south end has been adequate and exterior planting has been installed on the west end--the appearance is very favorable. Mr. Harvey also noted his concern with the outlot and grading which, in his opinion, has BRADFOROPUILISHING.0 RECORD OF PROCEEDINGS Planning Commission - June 21, 1994 - Page 4 virtually eliminated a utility easement--additional plantings will most likely take place in this existing easement. Due to the unresolved issues and lack of attendance by any representatives, it was moved and seconded (Pohl/Thomas) Development Plan #94-6, Phase II, North Ridge Meadow Condominiums be continued to July 19, 1994. Commissioner Brown questioned the appropriateness of the continuation suggesting an Improvement Guarantee be required for plantings. The motion passed by the following votes: Those voting "Yes" Commissioners Burgess, Cooper, A. Hix, Pohl, Sager and Thomas. Those voting "No" Commissioner Brown. 4. REPORTS. Director Stamey reported that the first Comprehensive Plan Workshop will be held on Thursday, June 23, 1994 from 8:00 A.M. - 9:30 A.M. in Room 203. Following conclusion of all agenda items, Ron Harvey commented on existing drainage problems in Lone Pine Acres which are increasing with development. The west side of the street needs to be addressed by the Town. Chairman Sager referred Mr. Harvey to the Public Works Department. There being no further business, Chairman Sager adjourned the meeting at 10:15 A.M. 10 VO Ap' O &*LUL,J Vickie O'Connor, CMC, Town Clerk DR 8439 (3/86 - DRL 439) STATE OF COLORADO DEPARTMENT OF REVENUE Denver Cojoraao 80261 ~ 1375 Sherman Street .LIQUOR ENFORCEMENT DIVISION (303) 866-3741 APPLICATION FOR A SPECIAL EVENTS PERMIT • APPLICATION MUST FIRST BE SUBMITTED TO THE LOCAL LICENSING AUTHORITY (CITY ORCOUNTY) AT LEAST THIRTY (30) DAYS PRIOR TO THE EVENT. 0 APPROVED APPLICATION MUST BE RECEIVED BY THE LIQUOR ENFORCEMENT DIVISION AT LEAST TEN (10) DAYS PRIOR TO LIQUOR PERMIT ACCT. NO. EVENT. ' Print or typewrite in BLACK INK. 0 Attach diagram (814'' x 11" maximum) showing where liquor will be DO NOT WRITE ;N THUS SPACE served and consumed. * Attach copy of Certificate of Good Corporate Standing (non-profit) LIABILITY INFORMATION (issued by Secretary of State within last two years). COUNTY CITY INDUSTRYTYPE LIABILITY DATE 0 If Political Candidate, attach copies of reports and statements that were filed with the Secretary of State. 0 Attach copy of deed, lease, or written permission of owner for use STATE FEE PAID FERMENTEDMALTBEVERAGE MALT, VINOUS & SPIRITUOUS • ArpW~antm~,esst have Colorado Sales Tax Account (not Tax Exempt (3.2 BEER ONLY) 45-09 LIQUOR 41 - 09 Number). 0 Applicant organization cannot obtain more than 10 Special Events Permits in one calendar year. (9) (9) IN ORDE~WALIFY FOR A SPECIAL EVENTS PERMIT, YOU MUST BE NON-PROFIT AND ONE OF THE FOLLOWING: (See ba for details.) CHECK ONE. SOCIAL 2 CHARTERED BRANCH, LODGE, or CHAPTER OF A FRATERNAL NATIONAL ORGANIZATION OR SOCIETY PATRIOTIC 9 RELIGIOUS INSTITUTION POLITICAL U PHILANTHROPIC INSTITUTION ATHLETIC 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 2,0,PERMENTED MALT BEVERAGE (3.2 Beer) (State Permit Fee - S10.00/day) or county) will indicate the amount of ly' MALL VINOUS AND SPIRITUOUS LIQUOR (State Permit Fee - S25.00/day) their permit fee. 1. NAME OF APPLICANT ORGAN~ATION OR POLITICAL CANDIDATE: Le. 5 31.'-6-k Se.+t :s L rl,-1 3 ,j DA-tfu d 2. MAILING A~RESS OF ORGANIZATION OR POLITICAL CANDIDATE: 3. ADDRESS OF PLACE TO HAVE SPECIALEVENT: 9-e B .« , s--~c. Sta...UL,1 +7)'* se ke,11 Fre_ 14-s CITY OR TOWN: STATE ZIP CITY OR TOWN: STATE ZIP E-4-ts -96*r k 6, pos,1 Estes-PEr k C ~Nkk--, -7 NAME· DATE OF BIRTH HOME STREET ADDRESS PHONE NUMBER CITY,STATE. ZIP: 4.PRES./SEC'Y OF ORGANIZATION ~ or POLITICAL CAND&RATE · LTS-*4-23 -v u . 0*N 1 -14 - 31- /0 9/ A) Aa 11 L gt - 1, 5 6 EVe <71 M 1 C W '1 5. EVENTMANAGER: -~Q-04-•CPU-rt,56,41 1-,ib35* '09/ A) J£• 6 511-0-,PC Es-lesT*-r |r Coporn 7. Has applicant organization or political candidate been issued a 8. Is premises now licensed under state liquor or beer code7 Special Event permit this calendar year? C YES How many days? 4 No (1 YES To whom? E NO LIST BELOW THE EXACT DATE{S) FOR OVHICH APPLICATION IS BEING MADE FORPERMIT Date: 3tpt £ 0 Date: S..pt ,, Date. Date Date: Hours: Frorn LF>~'Ol~ m. Hours: Prom ya'GArn Hours. From .m. Hours: From .m. Hours. From TO 7:OoP m To 74/ m To m. TO m. TO OATH OF APPLICANT I declare under penalty of perjury in the second degree thar 1 have read the foregoing application and all attachments thereto, and that all in~i;*Ration therein is tru|~torrect, and comBAte to the best of my knowledge, SIGN 10-(94 DATE:, -Pr e , iti t.,1- r) REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY Thelfefegoiag 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 ISAPPROVED. - LOCAL LICENSING AUTHORITY I.D. NUMBER: LOCAL LICENSING AUTHORITY (CITY OR COUNTY): SIGNATURE: TITLE: DATE: El El El El El EE RESOLUTION BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New Hotel and Restaurant Liquor License, filed by Johnathan V. & Amy E. Lyreman, dba COWPOKE CAFE OF ESTES PARK, 165 Virginia Avenue, Estes Park, Colorado, is July 5, 1994. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, August 9, 1994 at 7:30 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 2.90 miles, as measured from the center of the applicant's property. ADOPTED: aRAOFOROPU~LISHINGCO· RECORD OF PROCEEDINGS Public Safety Committee - June 15, 1994 - Page 2 aGide to reimburse out-of-town assistance. Expressing ~Re*Grappreciation te_-Zi~--0-DepertmeME~ Representatives for than:--eerre:rerEE-Iii* Committee took no further AnU-1-11-76-ndin-g ~739*4-lill take place during JipeemiMEI995 Budget discussions. Cooperative Agreement with Rocky Mountain National Park for a Fire Facility. This Agreement provides for the construction and maintenance of a new fire facility to be constructed on RMNP land with $30,000 in funding being provided by the Volunteer Fire Department. The Agreement was originally submitted to the Committee in January 20, 1994. Following amendment, Chief Rumley reported that the Agreement is being submitted for approval. Town Attorney White has reviewed the Agreement, and the Fire Department has unanimously voted in favor of its approval. RMNP Representatives Steve Iobst and Rick Schumann identified the project and presented drawings. The original plan called for the fire station to be attached to a storage facility. RMNP is now considering a free-standing 42x42 sq. ft. facility which would be shared with the Alpine Hot Shot Firefighters. Two large crew transport vehicles would be stored in the facility, and the plan includes restroom facilities, fire sprinkler system, heat system and exterior access. RMNP is currently negotiating with a contractor for construction of the fire station which is to be completed in the Government's fiscal year 1994. The Committee commended the efforts of Chief Rumley and Mr. Iobst on this project stating that with limited resources, the possibility of public/private partnerships will be increased. The Committee recommends approval of the Cooperative Agreement as presented. ORTS. cerning the alleyway behind The Happy Texan/Park Place Mal BU ing, Chief Racine reported that written notice has b issue o all affected merchants advising of the post' of the "No ttended Vehicles" sign. Enforcement inclu a 30- day warning eriod. Lieutenant Fils er presented a display o ood and Air- Borne Pathogen Equi nt intended to mainta officer survival mandated by CIRSA an the Professiona olice Association. Odds of contracting atitis B, e HIV virus, and Tuberculosis are increasi and w ea victim is bleeding, prevention of communicable a infectious diseases is paramount. The equipment ran from puncture-proof gloves, bio-hazard trash containers, Ui esistant gowns, long stem tubes for syringes, ge cidal aner, and first aid supplies. Although all quad cars ca certain equipment, one of the new police icles will be oughly stocked and used as the "supervi r car." Current guid nes also include a quarantine when r a spill or leakage occ and the squad car has been so arantined four times. The majorit of the Department has received He itis B vaccinatio . Fire Chief Rumley added that th Fire Departme also received these vaccinations and that ir standa policy with assisting victims is that gloves must e worn imated cost of equipment/year is $1,500. Lt. Filsinger COOPERATIVE AGREEMENT #1520-4-9001 COOPERATIVE AGREEMENT BETWEEN NATIONAL PARK SERVICE ROCKY MOUNTAIN NATIONAL PARK AND THE TOWN OF ESTES PARK, COLORADO AND THE ESTES PARK VOLUNTEER FIRE DEPARTMENT, INC. ARTICLE I. LEGISLATIVE AUTHORITY. The Act of April 9, 1924, 16 U.S.C. Section 8 ARTICLE II. BACKGROUND AND OBJECTIVES. This cooperative agreement contains the understanding, entered into as of the date of the final signature on this agreement among the Town of Estes Park, Colorado, hereinafter known as the "Town", The Estes Park Volunteer Fire Department, Inc., hereinafter known as the "Department" and the National Park Service, U.S. Department of the Interior, hereinafter referred to as the "NPS" as follows: To provide for the construction and maintenance required for a new fire facility to be built on NPS lands to house fire suppression equipment and fire truck for both structural fire and wildfire suppression and the protection of life and property from fire on lands administered by the NPS and to nearby fire protection agencies; and WHEREAS, in order to meet the program objectives the NPS, the Town and the Department agree to cooperate in providing a new fire facility to house the fire suppression equipment and fire truck. ARTICLE III. STATEMENT OF WORK. Therefore, in consideration of the above and in the interest of the mutual advantage in attainment of common objectives, the parties hereto establish a cooperative relationship with regard to the construction of a new fire facility within the NPS boundaries during the Government's fiscal year 1994. The Department agrees to provide the sum of Thirty Thousand and 00/100 Dollars ($30,000.00) toward the construction of the new facility, which title remains in the hands of the United States Government. Financial assistance to the NPS beyond the Thirty Thousand and 00/100 Dollars ($30,000.00) by the Department is not available. Said sum shall be payable upon completion of construction of the facility and acceptance of the same by the Department. 2 A. The Town/Department retains the responsibility of, and substantial involvement in, review of plans and specifications, involvement in planning meetings, and attendance at the pre-bid conference and at the bid opening. B. The NPS has the responsibility of designing, soliciting and awarding the work in accordance with the Department of Interior's Federal Acquisition Regulations. All construction will remain under the authority of the NPS with project superintendence being assigned to an NPS engineer. All related costs for construction over and above the Thirty Thousand and 00/100 Dollars ($30,000.00) provided by the Department will be covered in full by the National Park Service, not to exceed an additional Thirty One Thousand and 00/100 Dollars ($31,000·00)· C. In the event the bids received for construction of the facility exceed Sixty One Thousand and 00/100 Dollars ($61,000.00), the parties may renegotiate this agreement or any ·party may terminate this agreement by notice in writing to the other parties. ARTICLE IV. TERM OF AGREEMENT. A. This Cooperative Agreement shall take effect when.signed by all parties indicated and shall be in force and effect for five (5) years. ARTICLE V. KEY OFFICIALS. The following personnel are designed as key staff: FOR THE TOWN: Town Administrator or designee FOR THE DEPARTMENT: Fire Chief or designee FOR THE NATIONAL PARK SERVICE: Steve Iobst, Chief of Maintenance ARTICLE VI. AWARD. A. Financial assistance will be provided by the Department to the NPS in the amount of Thirty Thousand and 00/100 Dollars ($30,000.00), for assistance in the construction of the fire facility located within the boundaries of the park. The Department will submit a letter of tender specifying purpose of donation monies to the park in the amount of Thirty Thousand and 00/100 ($30,000.00). Said monies will be placed in the donation account specifically for the purposes of this Agreement. 3 B. Solicitation, construction and superintendence of the fire facility will be provided by the NPS. ARTICLE VII. PRIOR APPROVAL. N/A ARTICLE IX. PROPERTY UTILIZATION AND DISPOSITION. A. The fire facility will remain the property of the United States Government, Department of the Interior. B. The NPS shall be responsible for all maintenance, repair and replacement of the facility other than normal cleaning and upkeep of the interior area occupied by the Department., In the event of damage or destruction of the facility which renders the part of the facility occupied by the Department unusable, the NPS shall immediately repair or reconstruct the facility. If the NPS determines not to repair or reconstruct the facility, the NPS shall pay to the epartment the pro-rata share of Thirty Thousand and 00/100 Dollars ($30,000.00) from the date of the damage or destruction to the five (5) year anniversary of the effective date of this agreement. C. The Department shall be the sole user/occupier of the three (3) bay area of the facility designated for the Department's use. ARTICLE X. TERMINATION. This agreement may be terminated by either party within sixty (60) days of written notice in accordance with provisions of Clause NO. 14 of the attached "General Provisions for Grants and Cooperative Agreements". In the event this Agreement is terminated by NPS, NPS shall pay the Department the pro-rata share of Thirty Thousand and 00/100 Dollars ($30,000.00) from the date Of termination to the five (5) year anniversary of the effective date of this agreement. ARTICLE XI. MISCELLANEOUS. Further, the parties understand and agree that the Town/Department does not waive the defenses and limitations of the Colorado Governmental Immunity Act, Section 24-10-101, C.R.S., et seq. The agreement does not alter or amend any term or provision of the Memorandum of Understanding Agreement No. MU1520-3-9002 between the NPS, the Town and the Department or the Special Use Permit No. RMR ROMO 6000 302 between NPS and the Town. . 4 ARTICLE XII. The attached General Provisions are adopted as a part of this Agreement. TOWN OF ESTES PARK, COLORADO NATIONAL PARK SERVICE ROCKY MOUNTAIN NATIONAL PARK By: By: Title Date Superintendent Date ESTES PARK VOLUNTEER FIRE DEPARyMENTz INC. t c·u LI> A le./44 d iritle ~ 04-/ Date ....FORD.U.LISHING.0 RECORD OF PROCEEDINGS Planning Commission - April 19, 1994 - Page 6 alon Raven Ave. is in need of repair and that the Applicant is re onsible for such repair. Planner eph confirmed that all access will be off Rave Ave. and t an access easement to Lot SA and associ d maintenance a eement for said easement be made a condit Of approval. A lots confirm to the minimum 1 size requirement. Co nts were heard from Ron Harvey, w advised that the majority the Homeowner's Association contacted were in agreement w the proposal, particul y with the note being placed on plat stipulating tha 11 lots would be for single-family dev opment. It was moved and seconded (B ess/Bro the Amended Plat of Lots 8-12, Long Pine Acres Ad ion favorably recommended to the Town Board with the follow onditions, and it passed unanimously: 1. A note be placed the pla estricting access of all lots to R n Ave., pr are and provide a maintenance a eement for acc s to Lot 8A for staff review 2. Improve e drainage along the south ide of Raven Ave. 3. Th earing basis be added to the plat. 4. e bearing direction along the south side o Raven Ave. be labeled. CO ssioner Burgess noted her pleasure with the change n d elopment from commercial to residential. t.-Kinal-Plat_LotsLani-2-2101181XillagLa~division. Stanley Commercial Development/Applicant. Representative Van Horn stated that the previous Stanley Village Subdivisi6n ~ created two lots, one each owned by the Park National Bank, and Stanley Village Development. The proposed subdivision enlarges existing Lot 1 (Park National Bank), by including a vacant area to the west of the bank. The bank will have ownership and will construct the next building on Lot 1. Mr. Van Horn confirmed that the total combined floor area of Lots 1 and 2 is not being increased; the 160,000 sq. ft. limitation will not be exceeded. Attorney White and Mr. Van Horn responded to a question raised on the prohibition of additional freestanding signs on Lot 1. Planner Joseph reviewed the staff report and clarified gross floor area calculations to ensure the 160,000 sq. ft. is not exceeded, and that floor area below grade is included in the 160,000 sq. ft. limit. Mr. Van Horn agreed and advised that if in the future Stanley Village Development desires to increase the combined area it was understood that approval must be obtained from EPURA and the Planning Commission. There were no comments from the audience. As all nine staff recommendations had been met, it was moved and •econded (Thomas/Pohl) the Final Plat of Lots 1 and 2, stanley Village Subdivision be favorably recommended to the Board of Trustees, and it passed unanimously. 4. Q~rELOPMENT PLANS. 4. A. 1~9PHY*alli"-~94-4,-Lot-12-Sbailiqi=all* Subdivision. Par~_2as.1,gaii~ Applic,8nt is pi2£22188,69.ee,!5:Cract an additional 12, 006350.1'9.*Mal&22_ *- * -'Trrr_·-r.1-,-TTXT,'41.",~-73"iN~-r'.,1/!1) .. .1 ~; B . ', ,,,.; -114-.sr.7,7.-~3'-1,~r 7.9,'F:Fl·;3.Tri.,1:, i:, ·AC,~L,~P,V,h:, 1¥t,&0,;li+~21/' -': '· ·'r ··.· -7 4 ,:.·.L,m :I,k·•*,.(:.FN•.,' 6,' i'. 11't'0:',•.' ·'.. 1. 4, ;, 1..,1611.'.:/ht'"11.5,- 4/ -1/ 401 5 4~y-| | < 1 1 1 15*1EYE>*a+-©-~ 1 1 1 1,1 Brimmor E*EAJIV ROBERT LMORTER STANLEY VILLAGE RO. BOX 2560 PRESIDENT & FOUNDER ESTES FAREC COLORADO 80S17 0032 500-8186 July 5, 1994 Steve Stamey Town of Estes Park Estes Park, Colorado 80517 Fax 0 586-0249 RE: Stanley Views Subdivision Warren Brooks Findley Dear Steve, As I am sure you are aware Park National Bank has approved a loan for Mr. Brooks Findley for the purpose of development costs on the above mentioned subdivision. Part of the loan requirements is to issue a letter of credit to the town of Estes Park for an amount of approximately $217,000.00 to assure the Town that the improvements will be completed as designed. Many people have been working hard on this project but are unable to supply information to Bill Van Horn, Brooks Findley or Myself on a timely basis. The information we are waiting for to complete Mr. Findley's file so we may complete the loan are the final bids for improvement construction costs and a final review appraisal. Once we receive this information we should have the loan closed in two business days. We are hopeful that the Town will extend the deadline for approximately 10 additional days to allow us time to wait for the above information and to close our loan with Mr. Findley. Should you have any questions regarding this matter please contact me. lincerely-CBPh , -Ropert L. Porter Priasident -BANIONG At ITS BEST 4-=ki© Board of Trustees - June 14, 1994 - Page 2 and it passed unanimously. Mayor Dannels reported the Trustees will _mestal-ble•ee-tteen-sted,-suBvic,r·prrar'EE-ENr~ 1 ,@.r Rocky Mountain National Park Wilderness Act of 1994 - Discussion Of Proposed "Wilderness Bill." Ass't. Administrator Widmer reported that Congressman Allard requested input from the Town Board concerning said Bill and wilderness designation for RMNP. Staff analyzed the Bill and Li.-* R:5 provided a memorandum listing "pros" and "cons". There remains many serious unanswered questions which must be clarified before the Board is able to take a stance. Staff added that in a telecon with Steve Smith of Congressman David Skaggs Office (the Bill sponsor), Mr. Smith requested this item be continued to a future date to enable their i presentation. Public testimony was heard from Ann Vickery speaking as a home owner on High Drive and representative from the Colorado Mountain Club: both support the proposed legislation, the I Park belongs to everyone, the water rights language will not I infringe on any private rights/property, all existing roads have been excluded, RMNP has requested the proposed ! legislation, and the Bill Will not increase current restrictions. Lou Canaty--75% of those touring RMNP view the ' Park from the windshield of an automobile, RMNP is not interested in hosting masses of the population, and he was concerned that the Mayor was not invited to attend preliminary discussions on this issue--the relationship between both agencies has faltered. Lou Cherbeneau--has been a wilderness advocate since the '60's and supports the proposed Bill. Trustee comments: request representatives from the RMNP, Skaggs' Office, and Allard's Office to attend a Town Board : meeting, concern with "over use", opportunity to attain "middle ground", buffer zones and potential effect on private property, and potential impact to the Hondius Water System. Staff reviewed a map of the wilderness designation boundary, and Town Attorney White commented on certain language contained in the proposed Bill relating to water rights which, in his opinion, is inappropriate and serves no purpose. It was moved and seconded (Doylen/Dekker) this item be continued to the July 12, 1994 meeting, requesting representatives from the RMNP, and Wayne Allard's and David Skaggs' Offices to attend, and it passed unanimously. 3. rk Entrance Estates Annexation - Review of Survevi Pr sals. Following the Board's approval of the Memora m of Un tanding for the eventual annexation of Park E ance Estates, ff received proposals for the s eying, monumentation d drafting of the Park Entra Estates Annexation Map: Estes Park Surveyo ..................... $3,000 Rocky Mountain Consul ts ............... 9,920 Van Horn Engineering .... ... ............ No Bid The low bidder, Estes Park rve s, has performed many projects for the Town an 1 work been completed in a very satisfactory ma . It was ved and seconded (Doylen/Gillette) t id submitted by Este ark surveyors in the amount of $3 0 be accepted, and it pas unanimously. 4. Crown and istle. Inc.. dba Matinee Cafe. Lt 206 E. Elkhorn e. - New Beer and Wine Liquor License ADD ation. Mayo annels opened the public hearing and Town At ney e reviewed the application and procedure. Margaret n ke, President/Crown and Thistle, Inc., stated that t e ~2~4*w TOWN OF ESTES PARK 9 +92 Gary F. Klaphake Town Administrator - 9 4, \ 4,.M, -WN ~ D' ~ t' ~ *'* ,.i'·.;<.6 ..4:11.''f'.0 ..:II . *.»t -/ I. . -=71.-- r i 867' -- 3/taadm#~/--- - 2/7..Lle- - 'a.31'the, -- -29&94.' ¢2* -Oimb/jibfb=.-».- J:-LU..L/,62.4~ Itk-Li~#-X --:--/ 40 /4.k' 6 -ele>- 40"459: %,#€ 0 Estes Park, Colorado 80517 May 27., 1994 TO: Honorable Mayor Dannels Board of Trustees FROM: Gary Klaphake ~57 -/C--- Town Administrator RE: CONGRESSMAN ALLARD'S REQUEST FOR COMMENT ON THE WILDERNESS BILL FOR RMNP On May 6, 1994, Congressman Allard addressed a letter to the Mayor requesting input from the Town Board concerning the Wilderness Bill and wilderness designation of RMNP. This memo is intended to collect our thoughts on the subject and establish a position on the Wilderness Bill. PROS . Protect RMNP from future inappropriate uses. Simplify administration of these areas for the Park Service. Reflect reality, since the Park has been managed as a wilderness area since 1974. P. O. Box 1200 Telephone (.303) 586-3331 Town of Estes Park Estes Park, Colorado 80517 Wilderness Bill -2- May 27, 1994 CONS · May be unnecessary legislation -- what does this legislation provide that designation as a national park does not already include? Why can't the Park continue to be managed as it has been the last 20 years? · The proposed legislation overlays existing federal reserved water rights with an additional reserved water right for wilderness purposes with a priority date as of the date of enactment of the proposed legislation. This is unnecessary and costly to taxpayers, as future litigation will be necessary with regard to the meaning of this provision. Congressman Skaggs' office has indicated the purpose of this language is to establish a precedent for downstream wilderness areas. • Creation of the wilderness designation indicates a desire to decrease the use of the Park, which may, in turn, have an adverse economic impact on the Town. Even though the Wilderness Bill appears on the surface to be "Motherhood and· Apple Pie", there remain many serious unanswered questions: 1. Why now? Why is it not sponsored by our Congressman? 2. What is the impact on water rights? 3. What are the future impacts of the designation in terms of Park use and adjacent property? RECOMMENDATION The Wilderness Bill may be in our best interest but before we rush off to support or not support the Bill, we need more discussion and clarification on present and future inputs. The Town Board does not support the ' Wilderness Bill for RMNP at this time. F:\M\SKAGGS\SKAGGS.039 H.L.C. [DRAFr] APRIL 29, 1994 1031) CONGRESS H.R. 2D SESSION IN THE HOUSE OF REPRESENTATIVES Mr. SKAGGS introduced the following billi which was referred to the Committee on A BILL To designate certain lands in Rocky Mountain National Park as wilderness, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 lives of thz United States ofAmerica in Congress assembZed, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the "Rocky Mountain Na- 5 tional Park Wild,erness Act of 1994". 6 SEC. 2. FINDINGS AND PURPOSES. 7 The Congress finds that- April 29, 1994 (8:51 a.m.) F:\M\SKAGGS\SKAGGS.039 H.L.C. 2 1 (1) it is in the national interest to include eer- 2 tain lands in Rocky Mountain National Park within 3 the National Wilderness Preservation System so as 4 to protect those lands' enduring scenic and historic 5 wilderness character and unique wildlife and to pre- 6 serve the lands' scientific, educational, recreational, 7 and inspirational resources and challenges; 8 (2) to fulfill the purposes of the wilderness des- 9 ignation of those lands, as expressed in this Act and 10 the Wilderness Act of 1964 (16 U.S.C. 1131 et 11 seq.), it is necessary for the United States to have 12 rights to water within Rocky Mountain National 13 Park; and 14 (3) the existing rights of the United States to 15 water within Rocky Mountain Park for national park 16 purposes, which are being adjudicated in the courts 17 of the State of Colorado, may be sufficient to fulfill 18 the purposes of the wilderness designation of those 19 lands. 20 SEC. 3. WILDERNESS DESIGNATION AND MAPS. 21 (a) DESIGNATION.-(1) In krtherance of the pur- 22 poses of the Wilderness Act (1.6 U.S.C. 1131 et seq.), eer- 23 tain lands in R,oeky Mountain National Park, Colorado, 24 which comprise approximately 240,650 acres, as generally 25 depicted on a map entitled "Rocky Mountain National April 29,1994 (8:45 a.m.) F:\M\SKAGGS\SKAGGS.039 H.L.C. 3 1 Park Wilderness--Proposed" and dated May 1994, are 2 hereby designated as wilderness and, therefore, as eompo- 3 nents of the National Wilderness Preservation System, 4 and, together with the land.s referred to in paragraph (2), 5 shall be known as the R~eky Mountain National Park Wil- 6 derness. 7 (2) Those lands within the Indian Peaks Wilderness 8 (as designated by Public Law 94-450 (92 Stat. 1099)) 9 that were transferred to Rocky Mountain National Park 10 by section 111(a) of Public Law 96-580 (94 Stat. 3272), 11 which comprise approximately 2,917 acres, shall be in- 12 cluded in, and administered as part of, the Rocky Moun- 13 tain National Park Wilderness designated by paragraph 14 (1). 15 (b) MAP AND DESCRIPTION.-As soon as practicable 16 after the date of enactment of this Act, the Secretary of 17 the Interior shall file a map and a boundary description 18 of the area designated as wilderness by this section with 19 the Committee on Natural Resources of the United States 20 House of Representatives and with the Committee on En- 21 ergy and Natural Resources of the United States Senate. 22 That map and description shall have the same force and 23 effeet as if included in this Act, except that the Secretary 24 is authorized to correct clerical and typographical errors 25 in such map and description. That map and boundary de- April 29,1994 (8:45 a.m.) F:\M\SKAGGS\SKAGGS.039 H.L.C. ' 4 , 1 scription shall be on ale and available- for public inspection 2 in the office of the Director of the National Park Service, 3 Department of the Interior. 4 SEC. 4. ADMINISTRATIVE PROVISIONS. 5 (a) IN GENERAL.-Subject to valid existing rights, 6 lands designated as wilderness by this Act shall be man- 7 aged by the ,Secretary of the Interior in accordance with 8 the Wilderness Act and this Aet, except that, with respect 9 to the wilderness area designated by this Act, any ref- 10 erence in the Wilderness Act to the effective date of the 11 Wilderness Act shall be deemed to be a reference to ihe 12 date of enactment of this Act. 13 (b) RESERVED WATER RIGHTS.-(1) Within the area 14 designated as wilderness by section 3(a)(1), there is here- 15 by reserved a quantity of water sufficient to fulfill the pur- 16 poses of that wilderness designation. 17 (2) The priority date of the water rights reserved in 18 paragraph (1) shall be the date of enactment of this Act. 19 (3) The Secretary of the Interior and other appro- 20 priate officers of the United States shall take all steps nec- 21 essary to protect the rights reserved by paragraph (1), in- 22 cluding the filing by the Secretary of a claim for the quan- 23 tification of such right in any present or future appro- 24 priate stream adjudication in the courts of the State of 25 Colorado in which the United States has been or is here- April 29,1994 (8:45 a.m.) · , F:\M\SKAGGS\SKAGGS.039 H.L.C. 5 1 after properlyjoined in accordance with section 208 of the 2 Act of July 10, 1952 (43 U.S.C. 666), commonly refeiTed 3 to as the "MeCarran Amendment". 4 (4) The water rights reserved by paragraph (1) shall 5 be in addition to any water rights which may have been 6 previously reserved or appropriated by the United States 7 in the State of Colorado before the date of enaotment of 8 this Act. 9 (5) In the case of any lands designated as wilderness 10 by section 3(a)(1) for which the United States has re- 11 served rights for national park purposes to all the water 12 within those lands that was unappropriated at the time 13 those lands were included in Rocky Mountain National 14 Park, those existing rights shall be deemed sumeient to 15 fulfill the purposes of the wilderness designation of those 16 lands made by section 3(a)(1). 17 (c) COLORADO-BIG THOMPSON PRO.JECT.-(1) This 18 Act shall not be construed to prevent or impede activities 19 under the surface of lands designated as wilderness by this 20 Aet to operate, maintain, repair, or replace the Alva B. 21 Adams Tunnel of the Colorado-Big Thompson Project. 22 (2) Section 1 of the Act of January 26, 1915 (16 23 U.S.C. 191; 38 Stat. 798), is amended by striking the last 24 sentence. April 29,1994 (8;45 a.m.) TOWN BOARD MEETING JULY 12, 1994: ACTION ITEM #4 - COMPREIIENSIVE ANNUAL E[NANCIAL REPORT. PLEASE BRING YOUR 1993 COPY WITH YOU TO THE TOWN BOARD MEETING. TOWN OF ESTES PARK, COLORADO # ./.C//A ..'. :,/ //''al € - , 1*4- /~ ,, , 4111 . - 2- : 4* 077* 7 S Z. 11 '28*-0 ~.. 4-ta»-1-4»- D £ I r. : .4. 1- -2.4/71% >-.™* 4 97· - . 14 = I LUN¥ 2.,384 ..R 3, . - /2/ - iF COMPREHENSIVE ANNUAL FINANCIAL REPORT For the Fiscal Year Ended December 31, 1993 1 1:tri .- 1 -1 11 i, 4 wi7 -2 - 1 V ' 1 4 44/ 9-11 111 1 , 111: ' '11.ap'llt -=+i,_,I "i I I i.,Ii!i-'1 ~1 776*t 111~~*'11 lilli # T 11 1 - :pm-- 111 - =12,1 I , I Jal 4 '4 ' 31#= . ! 94 ~Il | I ~flil *E~91| D' 1~11 7 i 111 ! h I ||1 |1 |~Ili~**||~~~ 4 1 - _.2. . ~I@-~1~~Ill I. !1 -Ijl' 11 : ill,1 .1-1.1 1 1 i ,·i d- -4.-« L -4-=-11 11 ..r~= 1171 -r- 111 1.T-- If 1 Z .2-41 ip' 4- 4-4 . il- 11 1 . 1 1 .21 11 · 4 1. lilli- i- P=-1 I -"1 -~' - 1 .-TI E~fE+"- 112- I lilli 1 1 1 1 -9.14 11 11 *i 1 1+ 1 19 41 -lili- 'ht 1 / 11 114Hti · 1 . 11 . 111 1 111 TOWN OF ESTES PARK 1993 REVENUES AND OTHER SOURCES OF FUNDS Lic.& Per. $306 Grants $614 Property Tax $163 spuesnoul u! S.lelloa Sales tax $2,582 EE8'L$ saa} 'AJOS Rent $329 119$ ideo ·qujUOO Misc. $500 Interest $290 - - t'r 1 1 4 1 4 - 1 Pub. safety $1,458 Pub. works $431 Rec, $1,019 *19$ 99!UeAPV L L9$ Jes jqea TOWN OF ESTES PARK 1993 EXPENDITURES Gen. gov't $858 spuesnoill u! S.lelloa Capital $1,198 Other exp $27 LE L '9$ AJes Alll!ln 111 lili 1 lilli 1 „11 1 1 1 lili - - t kr•,-£. Irr F- I *;.n24/1Mr/fvfrr.2/.--2 I *4 11 1 - - 1 . .. 1 -4 E-&*·, 31·'·-it-•6 .r: 431 '*t. #prMut· ....&'*.-*f 2 + : ..,1.. 1. AUB :Mi.3 4*niNfi·ilf.,4- 7~<1.T 9 f£'Wl>,,• ·inig'.3-,e.~:.i r-re :ei ..,42**446.. ·, 1,~.-*4,4-4. ,.'7 4.44·.*.1.G·,·,9...•1'41;,4 00'- - - A.,f:DiA<~·c ·i'k.t~ 1 ·.r::34·,~;.'<4,,~·fj #**Atert' 4 r <fll*"i ..1103.'21.·AL€3794·i,-~%Cr* 33;%369.I~~~.4/f'-7~¥2'7'y~33Nrrtiff,t·„31~7~1*~51 A.vy ..i!: f '.*99:*.W¥;¢>if'..,r'.- 1 . .Atty#>, .:.Y.1,:2321:b-~iJ*~24*#EANCK$4 p r.., 94?:. .· 311~* ·''P,42.:-·blpbrI,4.-:-:44¢~·.4.7:~t-'-1,1430*.U·€%4 ¢f..t'4>··* C. I. -rit; 43 *#re,441.g" 42 T.,42731.: mr. *.*fUmjM'zi79.*AY**m;M.VE;t€% f 2.<I r1,1<46:.ids ~ 3,6Zb (431 ff-14'·25*tf«O.%03;4 2.2014: 4?34'·-GLY€.K-:«t .w..4 4:.ittb J *4:+46*14:4101:554.35 .,S. p. , 4 C 0 SiellOG £661 Z66L L66L 066 686L 8861 TOWN OF ESTES PARK REVENUES & EXPENDITURES 14,000,000-"~ 12,000,000- 10,000,000- 8,000,000- -000'000'9 -000'000'4 -000'000'Z S3WnlIONad*30 S 3n N3/\3W O rg,09<Fref./fit'-41'ly"M':Jrre/(M~&%4*50'953111113 :..,. Re:91,4.,lic·~.Pid 31..·i:1 7·:w. ·,· 2,#i»0143,4, 931 ¢244~14.1!tr/4/4,153534/+I'tr'#I,k„?51 *ffY* .~".I'b.,~.'.4 JE.*129,4·~:-f f{*j-% t) , W, N , ril,h~·:··..·4,_v,.m,; A.'0·4*'4'zL:'j.,/ r:4*·. ti"<4 ~Fl:'4-5521:: - ~;1,8 ''-·'*i' i:-2·>04 + 9 %ik-·9· 0, 4.-9,1' ¥i:L.2*&€L,1/mjv*LuM :f. .'. "*Rb/~~6*99)+049,542:. j-¥0.44)* 9.. CIAXU-24:,1. ¥4:..4 39< 341*J ;0*t~7 9,·i ·9 4 i k. A'..1 1 , tel·; * RE)ic'SU, i.1·.go»6€;r, t: ··ir·ta .·%2/ .~·..9 ,·10./0:• 14.r: 4.· P···-.f?.*a.i,-2,) .11 0 sieiioa E66L Z66L L66L 066L 686L 886L le@A TOWN OF ESTES PARK GENERAL FIXED ASSETS AND EQUITY 50,000,000 - ~AXED AssEm ¤EQUITY 45,000,000 - 40,000,000 - 35,000,000 - - 000'000'OE - 000'000'91 - 000'000'oz - 000'000'9 L - 000'000'0 L - 000'000'9 ESTES PARK HOUSING AUTHORITY %% Rt % Mission Statement - The mission of the Estes Park Housing Authority is to generate, through public and private cooperation, sufficient housing at affordable cost to serve the housing needs of employed persons who live within the Estes Park area and who have incomes below 80% of the median family income or who are seasonally employed. Long Term Obiectives 1. Assist in the development of at least 310 new or rehabilitated units of affordable housing. 2. Periodically review and update housing needs assessment. 3. Adopt regulations that require new developments to provide affordable housing. Annual Goals 1. Complete purchase of land for affordable housing located at Manford and Community Drive including a municipal election on the above stated. 2. Initiate site planning, building design and prepare preliminary cost estimates for project at Manford and Community Drive. 3. Establish a partnership agreement with Rocky Mountain National Park and other appropriate partners. 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 of 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 meeting, and if less than 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 s alary or compensation for their services nor shall any Commissioner, nor any person from whom the Authority may receive any property or funds, receive of the Authority any pecuniary profit frqm 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 shall constitute misconduct in office. , ARTICLE IV 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. 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 general 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 Chairman 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- 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. -5- STANLEY COMMERCIAL DEVELOPMENT, LTD. Bill Van Horn Estate of J.R.P. Wheeler P.O. Box 456 Dan Wheeler P.R. Estes Park, CO 80517 812 8th Street (303) 586-9388 Greeley, CO 80631 (303) 352-5860 June 9, 1994 Town Board Town of Estes Park Box 1200 Estes Park, CO 80517 Dear Trustees, Earlier this year prior to the election we entered into negotiations with the Town Staff regarding the sale of the Knoll property to the Town. These negotiations were set aside because of the then upcoming election and have, not been reactivated. Since that time serious interest in the land has developed for for residential use. We have informally priced the land to these interests at a significantly higher price than we were negotiating with the Town and we now have two separate offers on the land. As I am sure you are aware, residential land values are increasing daily. There are now buyers waiting for the finalization of Stanley Views to buy at $7 per Sq. Ft.. Development costs are running approximately $1 per Sq. Ft. I personally would not like to have a row of condominiums perched along the rim of the Knoll. We are willing to accept the offered price which is now much less than market price to avoid what I believe to be a project that the public will not like. We are in the position of having to respond. If there is still an interest on the part of the Town, I would like to get something in writing and we will ~cline~the current offers. Sincerely, Bill Van Horn STANLEY COMMERCIAL DEVELOPMENT, LTD. Bill Van Horn Estate of J.R.P. Wheeler P.O. Box 456 Dan Wheeler P.R. Estes Park, CO 80517 812 8th Street (303) 586-9388 Greeley, CO 80631 (303) 352-5860 Mr. Gary Klaphake Town Administrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear Gary, Thank you for your letter regarding the possibility of the Town purchasing the Knoll Property. We understand the Town's position and have labored extensively over our own position to try to come back with something that will work for us as well. We would offer the property to the Town for $975,000.00 and would take the property off the market pending the November election provided we could get 10% interest on the purchase price until the date of closing. I am sorry that I was not prompter in getting this letter back to you but we had several things to review to be able to respond. We sincerely hope that the Town can buy the property and the above offer represents a significant contribution on our part. Again, thank you for yallr interest. Sincerely, 22 L STANLEY COMMERCIAL DEVELOPMENT, LTD. Bill Van Horn Estate of J.R.P. Wheeler P.O. Box 456 Dan Wheeler P.R. Estes Park, CO 80517 812 8th Street CONFIDENTiA' (303) 586-9388 Greeley, CO 80631 (303) 352-5860 December 17, 1993 Mr. Gary Klaphake, Town Adminstrator Town of Estes Park P.O. Box 1200 Estes Park, CO 80517 Dear GarY, In response to your telephone call verifying the interest of the Town in acquiring the Knoll property, we have done some work to establish a value of the property and also a price that we could accept. I am enclosing the information we have used in arriving at our offer. Both the Marion and Foster evaluations were done for others and we had no input to influence the values. The Mitchell letter was done at our request. It is fairly simple back into a value on commercial property based on what income can be produced. This is explained in the last part of the Mitchell report and shows a value of $3.35 per sq. ft.. It is interesting to note that this is basically the same value that was established ten years ago when United Bank lent their money on the property. We would be willing to sell the property for $2.75 per sq. ft. which we feel is substantially below market value. The total cost would be $1,112,848.00. Each party would pay usual closing costs and there would be no sales commissions. If I can supply further i~ormation or answer any questions please call. Sincerely, 23« 7-1