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Home My WebLink AboutPACKET Town Board 1994-09-13BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, September 13, 1994 7:30 P.M. AGENDA Award Presentation: Lou DeCarolis, Regional Administrator, and Phil Weiser, Regional Program Manager, National Highway Traffic Safety Administration. Presentation to Police Department for first prize in region for Occupant Protection Awareness. 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 August 23, 1994. 2. Bills. 3. Committee Minutes: A. Board of Adjustment, September 6, 1994 (acknowledgement only). B. Light & Power Committee, September 8, 1994. 4. Liquor Licenses: A. Resolution - Change of Class/Ownership Application filed by John & Donna Sinnott, dba MAMA ROSE'S, from Beer & Wine to Hotel & Restaurant/Steve Barlow - Setting public hearing date of October 11, 1994. ACTION ITEMS: 1. Planning Commission, August 16, 1994 -- Continued from August 23, 1994 Town Board meeting: A. Public Hearing - Lot 31, Bonnie Brae Addition, Crystal Creek Development/ Applicant. B. Public Hearing - Lot 6, Little Prospect Mountain Addition, Geraldine Kappely/Applicant. C. Public Hearing - Lot 26, Twin View Addition, Estes Homes, Inc./Applicant. D. Public Hearing - Lots 15-17, Block 2, Town of Estes Park, Elizabeth Bowers/Applicant. 2. Diamond Shamrock/U-Haul Zoning Violations. 3. Liquor Licenses: A. Public Hearing - New Hotel and Restaurant Liquor License, George Lee, dba HUNAN RESTAURANT. 4. Ordinance - Vacating a portion of a Utility Easement in Block 1, Mountain Golf Villas Subdivision (Public Works Committee 1 July 28, 1994). 5. Resolution - Approving "Surprise Sale Daysi' October 8-9, 1994. 6. Town Administrator's Report: A. Affordable Housing. B. Ballot Issue/Refund Options. C. Intergovernmental Agreement - Town/EPURA. - 2 U.S. Department REGION Vlll 555 Zang Street, 4th Floor of Transportation Colorado, Montana, North Denver, Colorado 80228 Dakota, South Dakota, Utah, National Highway Wyoming Traffic Safety Administration August 31, 1994 Chief David Racine Estes Park Police Department P. O. Box 1287 Estes Park, CO 80517 Dear ChiefRacine: Congratulations! Your department's entry in the First NHTSA, Region VIII Chiefs' Challenge has garnered first place in the Municipal Police Agency Category for departments having one to 25 sworn personnel. This is an accomplishment to be proud ofby you, your department, and your community. Through you efforts, safety belt usage was increased in Estes Park from 49 percent to 55 percent and your officers maintained 100 % safety belt usage rate. We would like to recognize you for your leadership and winning efforts by presenting you a distinguished plague. If possible, this presentation could take place at a City Council meeting or at a time convenient for you. Please contact Judy Hammond of my staff at (303) 969-6924 so that we can make arrangements for this presentation to you. The Region VIII Chiefs' Challenge was designed to highlight occupant protection enforcement, public information and education efforts by law enforcement. Nationally, safety belt usage is 66 percent and U. S. Department ofTransportation Secretary Federico Pena has set a goal of 75 percent belt usage by 1997. We will once again sponsor the NHTSA, Region VIII Chiefs' Challenge in 1995 and look forward to your participation in the event. Again, congratulations and thank you for your efforts in helping make Estes Park a safer place for all. Best wishes for continued success. Singerely*.4. /-y' ; â€ž/' ~ 2 ' 1 2 Â«-5-*-24 1 v 1 t ~ouis R. DeCarolis, Ph.D. / Regional Administrator AUTO SAFETY HOTLINE (800) 424-9393 SAFETY BELTS SAVE LIVES Wash, DC Area 366-0123 mz Town of Estes Park, Larimer county, color,do, . *ugllsÂ¥ 23 . , ., 19. ?4. 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 23rd said Town of Estes Park on the . .... day of .... . AUqu,t: ., A.D., 19. ? 4. at regular meeting hour. H. Bernerd Dannels Meeting called to order by Mayor .......... Pregent: Mayor H. B. Dannels Truetees: Robert L. Dekker, Mayor ProTem Susan L. Doylen, Stephen W. Gillette, Michael E. Miller, Also Present: Gary F. Klaphake, J. Donald Pauley Town Administrator Gregory A. White, Town Attorney Vickie O'Connor, Town Clerk MPÂ¥*f.A Absent: William J. Marshall, Trustee Police Chief Racine introduced Mark Swallow and his family and Clerk O'Connor conducted a Swearing-In Ceremony for the Police Officer. Mr. Swallow joined the force August 22, 1994. Mayor Dannels called the meeting to order at 7:39 P.M. PUBLIC INPUT. There was no public input. CONSENT CALENDAR: *Action Item #1.B. Lot 26, Twin View Addition was removed from Action Items and placed under Consent Item #3.B.1. 1. Town Board minutes dated August 9, 1994. 2. Bills. 3. Committee Minutes: A. Public Safety, August 18, 1994. B. Planning Commission, August 16, 1994 (acknowledgement only). 1. Continue to September 13, 1994: a. Lot 31, Bonnie Brae Addition, Crystal Creek Development/Applicant. b. Lots 15-17, Block 2, Town of Estes Park, Elizabeth Bowers/Applicant. c. Lot 6, Little Prospect Mountain Addition, Geraldine Kappely/Applicant. *d. Lot 26, Twin View Addition, Estes Homes, Inc./Applicant. 4. Resolution #14-94 - Setting public hearing date of September 13, 1994 for New Hotel and Restaurant Liquor License Application filed by George Lee, dba HUNAN RESTAURANT, 450 W. Riverside Dr. It was moved and seconded (Gillette/Doylen) the consent calendar be approved, and it passed unanimously. Ir Board of Trustees - August 23, 1994 - Page 2 ACTION ITEMS: 1.A. Final Plat of a Portion of Lot 31. Manford Addition. Rick Allnutt/Estes Park Orthodontic Center/Applicant. Mayor Dannels opened the public hearing to consider the lot split. Senibr Planner Joseph reported that: the Planning Commission i recommended conditional approval; property pins have been set; the attorney's letter received; and the lots do conform to minimum lot size requirements. There being no further testimony, Mayor Dannels declared the public hearing closed. It was moved and seconded (Doylen/Pauley) the Final Plat of Lot 31, Manford Addition be approved contingent upon all conditions attached by the Commission, as more fully defined in the Planning Commission minutes dated August 16, 1994, and j it passed unanimously. 2. Neighborhood Mail Deliverv. Phase II - Award Contract for Cluster Boxes. Public Works Director Linnane reported that the 1994 Budget contains $23,000 for the construction and installation of neighborhood delivery cluster box units, Phase II. Bid packages were supplied to four local concrete contractors; three declined to bid. Cornerstone Concrete submitted a bid of $13,410. A drawing identified nine construction sites which will be completed prior to October 1, 1994; an additional 396 units will be provided. The paving cost of $3,300 was submitted by Western Mobile, making a total project cost of $16,710. Staff requested the expenditure of the remaining funds be authorized for potential increase in ~ project quantities, including surveying, for a not-to-exceed ~ value of $23,000. It was moved and seconded (Gillette/Pauley) the bid submitted by Cornerstone Concrete for $13,410 and the price given by Western Mobile for $3,300 be accepted, to include funding for potential increases in project quantities, etc., for a total project expenditure not-to-exceed $23,000, and it passed unanimously. 3. Revision to Model Traffic Code - Lexington Lane. Public Works Director Linnane advised that the Public Safety Committee I recommended approval of the installation of a stop sign at the corner of Lexington Lane and "northbound" Â· Lexington Lane ("northbound" Lexington Lane will be the stop point). Trustee Doylen commended Director Linnane and Chief Racine for their i diligence and swift action, ensuring that the installation I confirms to the Manual on Uniform Traffic Control Devices, and it was moved and seconded (Doylen/Gillette) the Model Traffic Code be revised to include the aforementioned stop sign on Lexington Lane,.and it passed unanimously. 4. Transfer of Ownership - Liquor Licensed Drug Store License. from Rocky Mountain Pharmacy of Estes Park (B. Heffington). to Greg Barton. dba ROCKY MOUNTAIN PHARMACY OF ESTES PARK, 453 E. Wonderview Ave. It was moved and seconded (Gillette/Doylen) the Transfer of Ownership to Rocky Mountain Pharmacy of Betaâ€¢ Park, Inc., dba ROCKY MOUNTAIN PHARMACY OF ESTES PARK be approved contingent upon inspection/approval by the State Board of Pharmacy, said inspection/approval to be obtained prior to the license becoming effective, and it passed unanimously. 5. Stanley Village/Wheeler Management Group. Inc. - Request Town Consent for Optional Redemption of all Bonds Outstanding in Series 1985A Industrial Revenues Bonds. In a letter dated August 12, 1994, John D. Wheeler requested the Town provide written consent for the redemption of Series 1985A Industrial Revenue Bonds. Bill Van Horn stated that the request will terminate the bond issue in which the Town was named as "issuer. " It was moved and seconded (Pauley/Doylen) the Mayor be authorized to provide written consent as requested, and it passed unanimously. Board of Trustees - August 23, 1994 - Page 3 6. Estes Park Urban Renewal Authority. (A) It was moved and seconded (Dekker/Pauley) George J. Hix be reappointed to a 5- year term, expiring September 14, 1999 (current term expires September 14, 1994). (B) The Trustees acknowledged a letter submitted by Carl Henderson dated August 17, 1994 notifying the Town that Mr. Henderson will not be available for reappointment as a Commissioner on EPURA. This term expires September 14, 1994. Mayor Dannels praised Mr. Henderson for his service to EPURA and the Town, stating he anticipates filling the vacancy in the near future. 7. Resolution #15-94 - Settlement Agreement w/Richard Pratt. Town Administrator Klaphake requested the Board adjourn to Executive Session to consult with Town Attorney White on this item, and it was moved and seconded (Miller/Doylen) the Board enter Executive Session, and it passed unanimously. Whereupon Mayor Dannels adjourned the meeting at 8:00 to Executive Session. Mayor Dannels reconvened the meeting at 8:12 P.M. Town Attorney White read a Resolution which settles a lawsuit filed by Richard L. Pratt v. Cable Systems, Inc. (CSI) and the Town. The Settlement Agreement (Exhibit A of the Resolution) was reviewed by the Town Attorney, and, in summary, CSI will designate one of its channels for public access and provide a minimum of 2 hours (11:00 A.M. - 1:00 P.M.) Monday through Friday for its use. Due to an indemnity clause in the CSI Permit Agreement, CSI will reimburse the Town for all attorney fees associated in this suit. It was moved and seconded (Pauley/Gillette) Resolution #15-94 be approved, and it passed unanimously. 8. November Ballot Ouestion: A. Resolution #16-94 - Approving Ballot Question Language. Administrator Klaphake commented that a concern was raised concerning the existing Intergovernmental Agreement (IGA) between EPURA and the Town relative to the ballot question requesting approval to retain all revenues in excess of the revenue limitations of Article X, Section 20. Staff will prepare and submit a revised IGA that addresses how EPURA will operate and how the capital improvement project priority list will be decided upon. Mayor Dannels confirmed that the Town anticipates excess funding of approximately $6-14 Million over the next ten years, not $30 Million as reported in a recent newspaper article. Attorney White read the Resolution which contained a ballot question seeking voter approval for the Town to retain all excess revenues pursuant to Article X, Section 20 of the Colorado Constitution for a 10-year period to be expended for capital projects such as a fire station, open space, sidewalks, trails, landscaping, street and parking lot construction and maintenance, storm drainage, municipal building&/facilities, and intergovernmental agreement projects. Mayor ProTem Dekker commented that the ballot question does not include a proposal for any increase in taxes, greater than 50% of sales tax revenues are generated by the summer visitors, and funding is needed for capital improvement projects. Trustee Miller noted that a revised IGA with EPURA is very important and that his favorable vote at this time is to authorize/place .the question before the voters in November. Attorney White confirmed that any proposed Board of Trustees - August 23, 1994 - Page 4 increase in taxes would require a vote of the people. There being no further discussion, it was moved and seconded (Dekker/Pauley) Resolution #16-94 be approved, and it passed unanimously. - B. Agreement with Larimer County to Conduct Coordinated Election Services. Attorney White reviewed the Agreement which is required by State law for all coordinated elections. Election expenses are spread between all entities that have placed a question on the ballot; exact costs are determined following the election. Early voting will be available. It was moved and seconded (Gillette/Doylen) the Agreement with Larimer County to Conduct Coordinated Election Services be approved, and it passed unanimously. C. Food Tax Refund. Administrator Klaphake noted that said refund program is based upon low-income guidelines including families with children under eighteen years of age, the disabled, or those over the age of 65. The EVRPD boundary was utilized as it was believed those citizens residing outside Town Limits spend as much on groceries and pay the Town's local sales tax portion of 4% as those residing inside Town Limits. Hearing no objection, this program will be included in the 1995 Budget appropriations. Attorney White confirmed that there are no adverse legal ramifications for the Town should the Board elect to utilize the EVRPD boundaries for this program. 9. Town Administrator's Report: A. Sales Tax Statistics. The Trustees reviewed second quarter sales tax statistics which indicate 12.58% increase through June, 1994. B. Rooftop Rodeo Budget Calendar. During Rooftop Rodeo Committee meetings, it has become apparent that work on next year's event must begin in the very near future, and Administrator Klaphake requested the implementation of a seasonal budget . calendar. The commitment of funding would occur at this time, with actual budaet appropriation occurring in the 1995 Budget. Stating that Rooftop Rodeo Committee energy is very evident, that it behooves the Town to accommodate that energy, it was moved and seconded (Doylen/Gillette) a Rooftop Rodeo seasonal accounting system be implemented and it passed unanimously. C. Employee Resignation. Bob Scott, Executive Director/Special Events Department, has tendered his resignation effective October 31, 1994. Administrator Klaphake congratulated Director Scott for his efforts during his 13-year employment with the Town. A transition plan will be presented during the next Special Events Committee meeting scheduled in September. D. RMNP Grant Application. Administrator Klaphake reported that Jim Benedict with recommendation from the RMNP is applying for a $10,500 grant from the State Historical Society for a study on the prehistoric game site located on Flat Top Mountain. A condition of the grant is that it be sponsored by a governmental entity; thus, the Town is being requested to join this effort. Staff confirmed that as a sponsor, there is no fiduciary responsibility whatsoever. In the spirit of cooperation, it was moved and seconded (Gillette/Pauley) the request be granted. E. Temporary Liquor Permit. The Liquor and Beer Code Board of Trustees - August 23, 1994 - Page 5 provides that a city clerk is allowed to issue Temporary Liquor Permits to those applying for a transfer of ownership. The Code also authorizes a fee not-to-exceed $100. 00. Following discussion, it was moved and seconded (Dekker/Doylen) the Town Clerk be authorized to issue Temporary Liquor Permits, collecting a local fee of $100.00/permit, and it passed unanimously. Following completion of all agenda items, Mayor Dannels adjourned the meeting at 8:52 P.M. Mayor Town Clerk eRADFOROPUBLISHINGCO. RECORD OF PROCEEDINGS Board of Adjustment September 6, 1994 Board: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Attending: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Also Attending: Building Official Allman, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:00 a.m. APPROVAL OF MINUTES Minutes of the August 3, 1994 meeting were approved as submitted. MAJESTIC PINES SUBDIVISION. LOT 9. 1755 DEKKER CIRCLE. GARY AND CINDY OLIVER/APPLICANTS - REOUEST FOR SETBACK VARIANCE Member Sager requested that Member Dekker abstain from discussion and voting on this issue because of a conflict of interest. Member Dekker objected stating the conflict of interest issue refers only to financial gain and one does not exist. Building Official John Allman explained a variance is requested from Section 17.20.040, B, which requires a 25-foot setback, to accommodate the addition of a deck, only one-third of which will require a variance of 12 feet from the southwest corner tapering to no variance at the southeast corner. Adjacent property owners were contacted and no objections were received. A building permit was previously issued for improvements on the house itself, not the deck. The Applicant declared that the living room/kitchen area located on the south side of the house is the desired location for the proposed deck, plus this location allows the open space to the west and north of the house to remain for migration of elk and deer. Upon request of open space clarification, Allman explained that no structures were in the area. Member Sager explained the variance would not be necessary if the proposed deck were redesigned. Sager stated the Board of Adjustment powers and duties indicate that reasons for a variance request include exceptional narrowness or topographic conditions, shallowness or slope Of property, or another extraordinary situation. As none of these conditions exist on this property, Member Sager asked Applicant for compelling reason for this request; Applicant could not provide an answer. Chairman Doylen directed each member to use personal judgment regarding the reasonableness of this request. It was moved and seconded (Sager- Newsom) the setback variance request be denied as this refusal would still allow a deck redesigned to stay within the allotted setback, and the motion failed, 2 to 3. Those voting against: Dekker, Doylen, and Gillette. After further discussion, it was moved and seconded (Gillette-Doylen) the variance request be approved, and the motion passed, 3 to 2. Those voting against: Newsom and Sager. 450 MORAINE AVENUE, TWISTED PINE FUR AND LEATHER CO.. HENRY A GLOVER/APPLICANT - REOUEST FOR SETBACK VARIANCE Applicant's representative Bill Van Horn distributed a revised drawing of the area. This property is a legal non-conforming meets and bounds tract used commercially for over 50 years. The area is 44,806.36 square feet. Because of the annexation to the town and BRADFOROPUBLI*HINGCOÂ· ' RECORD OF PROCEEDINGS Board of Adjustment, September 6, 1994 - Page 2 the C-0 zoning requirements, the building envelope is reduced to 8,890 square feet, or 20% of the area. Proposed redevelopment of the property would not meet current standards but would improve safety and aesthetics and eliminate an undefined curb cut by creating an established parking lot entrance with designated parking spaces and a landscaped buffer between the highway and the property. Removing four existing buildings and expanding the remaining building will comply with current setbacks and create more efficient land use. The remodeled building will be used for storage and include two employee housing units on second floor. Following are the variances requested for the proposed improvements to this property: Description Code Requirement Existing New Development Street Setback 25 ft. 17.4 ft. 17.9 lt. High Water Setback 30 ft. 9.5 ft. 12.0 ft. Building Bulk 25% useable area 5,933 sf 3,063 sf 5,262 sf (commercial use) 1,600 sf (dwelling units) Parking 1 space per 200 ft None designated Minimum 27 spaces Buffer 25 ft. None 5 Building Official John Allman stated the numbers were verified with Director Stamey and letters from surrounding property owners stated no objection to the request. Member Sager commended Mr. Van Horn for the submittal of the revised drawing, but was concerned the proposed three employee parking spaces east of the development would still encroach into the highway causing continued safety concerns. It was moved and seconded (Sager-Dekker) to approve all variances requested, with safety and highway access concerns addressed by Special Review and the State Highway Commission when the development plan is submitted to Planning Commission, and it passed unanimously. There being no further business, it was moved that the Board adj ourn to Executive Session. Those voting "Yes": Doylen, Dekker, Gillette, Newsom, and Sager; those voting "Nol': none. The meeting adjourned at 9:00 a.m. 1.2- R.422 Tina Kuehl, Deputy Town Clerk 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 John and Donna Sinnott, dba MAMA ROSE'S, 338 E. Elkhorn Avenue, Estes Park, Colorado, is September 8, 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, October 11, 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 3.03 miles, as measured from the center of the applicant's property. ADOPTED: l A .2..er Bonnie Brae Addition. Communitv Drive and Brodie Avenue. Replat of Lot 31. Crystal Creek Development/Applicant. Applicant's representative Paul Kochevar stated the Applicant wishes to divide Lot 31, which is presently zoned R-M Multiple Family, into 8 separate single-family lots, 18,006 to 18,181 -vw- square feet each. Access to the lots is from two private access easements. A utility and drainage easement is reserved that includes all areas outside the building envelopes on all 1....4. lots, unless otherwise noted. It was moved and seconded (Cooper-Burgess) the Replat of Lot 31, Bonnie Brae Addition be favorably recommended to the Board of Trustees, contingent upon the following conditions, and it passed unanimously: 1. Remove the term "typical" from the final plat. 2. Add to the plat a maintenance agreement note for the private drives. 3. Separate utility service lines for each lot. 4. Petition to be included in the Upper Thompson Sanitation District. 5. Drainage outflow directed around the building envelope south of Lot 1 and placed in a swale, with the detail shown on the street plan, and a drainage maintenance agreement note added to the plat. - 6. The dedication statement be modified. Mr. Kochevar stated Applicant will comply with these items. 18 '2-re. Final Plat. Lot 6. Little Prospect Mountain Addition. 137 Stanley Circle Drive. Geraldine Kappelv/Applicant. The Applicant proposes dividing an existing lot, zoned R-S one and two family, into two lots of 1.44 and 1.29 acres. Existing land use is one single family dwelling on Lot 6A; Lot 6B is - vacant. With one exception, development that has occurred in f f igR-0 the Little Prospect Mountain area has been single family. In *b-67' order to maintain compatibility, a note should be placed on the plat which limits use of each lot to one single family dwelling. Mr. Van Horn stated that the existing driveway curb cut would be used and such to be added to the plat, and that both lots would be connected to Estes Park Sanitation District service. It was moved and seconded (Burgess-Cooper) the Kappely Subdivision of Lot 6, Little Prospect Mountain Addition be favorably recommended to the Board of Trustees, contingent upon the following conditions being met prior to Town Board approval, and it passed unanimously: 1. Single family use note be added to the plat. 2. If driveway access is shared, a maintenance agreement note be added to the plat. 3. Overhead utility lines relocated at owner expense. 4. Submit additional drawings showing the intent to connect both properties to Estes Park Sanitation District. -0.0 Final--Plat _Lot al,--Twin-YieLAddition-inmokside Sub- 1C division). Fish Creek Road & Brook Drive. Estes Homes. Inc./ Applicant. Paul Kochevar, Applicant's representative, stated the 5.1 acre lot is presently vacant and zoned R-S Residential. Lots 1-8 were proposed for single-family dwellings; Lot 9 was proposed for a duplex. After discussion, -it was concluded the proposed density complies with the zoning iFT--YS=96f this property. Cluster boxes will be located in the center 3 Â£ 23] of the cul-de-sac. Wetlands are identified and acceptable monumentation placed. Director Stamey read a letter of opposition from Tom Blaue, which included the following concerns: environmental impact, need, and traffic impact. It was moved and seconded (Burgess-A. Hix) the Final Plat for Twin View Addition, Lot 26 be favorably recommended to the Board of Trustees, with the finding that the open space outlot is determined to be of special importance because of value for animal habitats, wildlife migration corridors, or scenic resource preservation, and contingent upon the following conditions being met prior to the Board meeting, and it passed unanimously: 1. A note be placed on the final plat stating that the wetlands be maintained in their natural condition with no excavation, fill, or disturbance permitted. 2. Homeowners' covenants be provided that addresses the preservation and maintenance of the open space. 3. Dimensions be added to the building envelopes on the final plat and the "typical" note deleted. 4. An agreement with the Applicant and Gerald Palmer regarding water line reimbursement be signed. 5. A 6-inch Water main be extended to the west property line. The cul-de-sac water main be 8 inches in diameter. The existing 2-inch water main is located farther west than shown. 6. Provide water main construction plans. 5. Drainage easements dedicated through Lots 9 and 7. 7. The hike/bike path easement be extended to Brook Drive. 8. Final road design be based on soil study. Vegetation next to the roadway be re-established. 9. An improvement guarantee and letter of credit is required prior to Town Board approval. 10. The developer provide a street light at the intersection of Brook Drive & Brook Court. 11. The property be included within the Upper Thompson Sanitation District. 12. The "Restricted Industrial" zoning note include the words "with an existing industrial use on adj acent lot". 10 a...8. Amended Plat. Town of Estes Park, Lots 15. 16. & 17. Block 2. 101 E. Elkhorn Avenue (HUPP Hotel). Elizabeth Bowers/Applicant. Applicant's representative Bill Van Horn stated this area is zoned C-D Commercial Downtown, and the Applicant is proposing to combine the three lots into two. Because of concerns voiced by Estes Park Sanitation District, ,-~2 Applicant will do a specific locate for the service line for ~fRE> Lot 27, which appears to flow under the buildings on Lots 15, 16, and 17, and provide an easement describing its location. Ernie Petrocine, Western Brands, expressed concern regarding the status of the access, sewer, and water easements. Encroachments of the existing building and possible solutions were discussed at length. Chairman Sager reported on safety concerns expressed by Police Chief Racine regarding the building encroachment into the right-of-way. Chairman Sager is opposed to any change in the property until the encroachment issue has been resolved. It was moved and seconded (A. Hix-Pohl) the Amended plat, Town of Estes Park, Lots 15, 16, and 17, Block 2, 101 E. Elkhorn Avenue, combining the three lots into two be favorably recommended to the Board of Trustees, contingent upon the following conditions being met prior to Town Board approval, and it passed unanimously: 1. A note on the plat that acceptance of this amended plat does not approve the encroachments of the buildings on the west side of the property into Big Horn Drive. 2. A drainage and access easement be provided in the open area between the two buildings. 3. A maintenance agreement note be added to the plat that a sanitary sewer/storm sewer cleanout exists in this area. 4. A drainage maintenance agreement note be added to the plat that a drainage problem exists along Big Horn Drive due to the building and landscape encroachments. 5. Each building be separately metered by 3/4" water meters. 6. Access easement be provided across Lots 15A and 16A, 20 feet wide, which incorporates the existing travelled way. 7. Applicant to install a curb and 3-foot walkway along Big Horn and be responsible for maintenance. 8. An easement be provided for the sewer line from Lot 27, or said line be relocated. The Planning Commission also requested that Town Attorney White comment on the Town's ability to require removal of the building encroachment. , :3 0 #Li v v 3eptember 6. 1994 Mr. Gary Klaphake Town of Estes Park P. O. Box 1200 Estes Park, Co. 80517 RE: Diamond Shamrock\ U-Haul Zoning violations Dear Mr. Klaphake, This letter is written to inform the Town of Estes Parkofour intentions regarding confbrmance to the Town 's zoning regulations. This letter is also being written in re- sponse to my meeting with you and Steve Stamey on August 25, 1994. We are proposing that within forty+ie days from the date of this letter, we will present to the Town a phased Master plan for the redevelopment of both the property and business in question. We would hope that once our plan is presented. the Town Trustees would take it under favorable advisement. and that the current situation could be rectified to everyone's mutual benefit and satisfaction. We appreciate your patience and forbearance in this matter. and we assure you that we are in earnest as to clearing both our good name and business reputation. Â«Â»00- Rky,kond L. Parker President O'Dell Petroleum /.23 Board of Trustees - October 26, 1993 - Page 2 it passed unanimously. C. Special Review #93-3. Lot 6. Manford Addition. for U-Haul Truck/Trailer Storage and Propane Dispensina. Gerrv Dougherty/Applicant. Mayor Dannels opened the public hearing. Community Development Director Stamey stated. he would review the Special Review functions of the Town Board and area of considerations for this site; review Planning Commission action and neighborhood comments; and review development plan considerations for this site. The Applicant has located a U-Haul Truck/Trailer Storage business near the intersection of S. St. Vrain and Graves Ave. The C-0 District provides that no principal use shall be allowed outside of a building except those uses approved through special review. The U-Haul business began on this site without special review. Town Trustees may approve, approve with conditions or deny an application--the burden is on the Applicant to meet established, very specific criteria. During Planning Commission review, the Applicant did present certain items to the Commission and such are contained in the minutes dated October 19, 1993. The Commission reviewed the criteria, comments, and forwarded a unanimous recommendation for denial based upon safety hazards, nearby land uses and damage to them, environmental characteristics Of the site and related areas, the intrusion into the neighborhood, and departure from the established character of the neighborhood. Landscaping and screening was reviewed along with the vehicle yield which was revised during the Commission meeting--it is important to know how many vehicles will be on the site. With regard to the safety issue, Director Stamey noted that the State Oil & Gas Commission and Town previously issued permits for the propane dispensing, therefore, such would not be included in the Town Board's review. Town Attorney White confirmed that the "propane dispensing" item associated with this proposal was not part of this application. Director Stamey also noted that CDOT has not yet granted an access permit for the U-Haul business, and that if and when CDOT issues an access permit, new or additional requirements may be required. CDOT regulates access to the highway; after receipt of the plans and associated documents, if any changes are minor in nature, this item would not be returned to the Town for further review. Director Stamey noted that the staff report to the Planning Commission included eight conditions for the U-Haul Special Review to be accepted. Questioned whether the request would be acceptable if all eight conditions supplied by staff would be complied with, staff stated in the affirmative. Stamey further commented that the lot size is 36,000 sq. ft. (includes the gas station) - photographs were presented which identified the combination of 251 vehicles and how difficult it is to ascertain how said vehicles relate to the U-Haul business. Although the service station located on the property is not a part of any Special Review request, Stamey stated that the number of vehicles on the service station portion of the property was a concern. In the event that more than nine vehicles are on the service station portion of the property, then that occurrence will prompt development plan review of the service station. Those speaking in favor of the request were Gerry Dougherty/Applicant--the U-Haul trucks were relocated to Board of Trustees - October 26, 1993 - Page 3 this site approximately three years ago; he is attempting to resolve concern and continue to utilize this site; was aware of the eight conditions presented to the Planning Commission by staff and was willing to comply in an adequate time-frame for completion; if more than ten vehicles necessitate parking storage, they would be relocated to he Applicant's personal property; a buffer zone between the C-0 and Residential zoning was considered this past summer and the Applicant considered relocating an existing aspen grove which is currently behind an existing house. When again questioned how approval of this request would affect those vehicles associated with the gas station, Director Stamey confirmed that if the use of the gas station is expanded, it will require a development plan for the station. The maximum number of outside storage (vehicles) that would be allowed are: nine vehicles at the gas station. If this number is exceeded, it would require a development plan. Ed O'Dell, gas station owner, commented on the following: when the site was purchased he was made aware of a 25' strip of land adjacent to the station (south side) that includes a fence - this area is not owned by Mr. O'Dell; shrubbery has been planted in front of the retention pond, on the side of the office and between this business and the adjacent bowling alley to buffer the area, contain any noise and conceal the "unsightly business." Mr. O'Dell clarified how the vehicle repair portion of the station operates and the continual problem of the accumulation of vehicles on the site; confirmed he was willing to plant trees on the south side of the site; explained the relationship with the U-Haul operator, which is a separate and distinct business; accepted the stipulation that the site would be allowed a total vehicle storage limit of 19 (outside) for both businesses - 10/U-Haul and 9/gas station; and reviewed previous State Highway signage. Those speaking in opposition: Pete Princehorn/650 S. St. Vrain, who presented photographs identifying the adverse visual impact from approximately 20 vehicles on the site. Mr. Princehorn desires the site to be put into an orderly condition with screening. In rebuttal, Mr. Dougherty noted that if the request is approved, neighborhood concerns would be addressed by the use of screening. Al Sager, Chairman/Planning Commission called attention to and read aloud that portion of the Code relating to special review criteria and how the Commission found grounds for denial of the request. There being no further testimo~iy, Mayor Dannels declared the public hearing closed. Trustee Habecker commented that as the trucks are 12' high, screening would not resolve the issue; the Board was aware Of Planning Commission consideration; the proposal's benefits to the Town do not outweigh any adverse effects for the Town or the vicinity; the site is unsightly and has steadily declined since it was developed; and moved Special Review Request #93-3 for Lot 6, Manford Addition be denied based upon the following reasons: 1. Nearby land uses and damage to them. 2. Environmental characteristics of the site and related areas and the consequences of development. 3. Visual and noise intrusion into the neighborhood. Board of Trustees - October 26, 1993 - Page 4 4. Departure from the established character of the neighborhood. Trustee Habecker added that the U-Haul business is to be removed from this site within 6 months (April 26, 1994). Trustee Doylen seconded the motion and it passed by the following votes: Those voting "Yes" Trustees Dekker, Doylen, Habecker and Hix. Those voting "No" Trustees Brown and Gillette. 2. ADDointment - EPURA Commissioner. Mayor Dannels requested Randy Martin be appointed to fill the vacancy on the Estes Park Urban Renewal Authority vacated by Ed Pohl. It was moved and seconded (Hix/Habecker) Randy Martin be appointed to serve a 5-year term, expiring September 15, 1998, and it passed unanimously. 3. Colorado Water Resources and Power Development Authority - refinancing of Small Water Resources Loan. Administrator Klaphake and Attorney White reviewed the Authority's request to refinance said 1990 $6.5 Million loan. The Town will realize a savings of $60,245 spread over the loan period (2010). It was moved and seconded (Brown/Habecker) the Mayor be authorized to execute the Update Certificate, and it passed unanimously. 4. Town Administrator's Report. Administrator Klaphake reported that the Museum Advisory Board has recommended the search for a new Museum Director be discontinued and that Betty Kilsdonk serve as Museum Director, effective October 28, 1993. Staff concurs with the recommendation. Ms. Kilsdonk currently held the position of Museum Curator; this position will remain vacant. Trustee Dekker noted that Ms. Kilsdonk has proven to be very capable. It was moved and seconded (Hix/Habecker) Betty Kilsdonk be promoted to Museum Director, and it passed unanimously. There being no further business, Mayor Dannels adjourned the meeting at 8:40 P.M. Mayor %7 3 lucÂ£ 0 47#kÂ«.0.0 Town Clerk June, 1993 PROCEDURE FOR HEARING ON APPLICATION NEW LIQUOR LICENSE MAYOR. The next order of business will be the public hearing on the application of George Lee dba Hunan Restaurant for a New x Hotel & Restaurant Tavern Beer & Wine 3.2% Retail Beer Liquor-Licensed Drug Store Club license located at 460 W. Riverside Dr. . TOWN ATTORNEY. The application 'was filed August 12, 1994 and, at a meeting of the Board of Trustees on August 23, 1994 the public hearing thereon was set at 7:30 P.M. on September 13 , 19 94 , ahd the neighborhood boundaries for the purpose of this application and hearing were established to be 3.07 miles. This public hearing will be conducted in the following manner: The applicant will be allowed to state his case and present any evidence he wishes to support his application. The opponents will then be given an opportunity to state their case and present any evidence in opposition to the application. The applicant will be allowed a rebuttal limited to the evidence presented by the opponents. No new evidence may be submitted. The opponents will be allowed a rebuttal which may only rebut 1 the evidence of the applicants. No new evidence may be offered. The Board of Trustees may ask any questions of any person speaking at any time during the course of this hearing. At this hearing, the Board of Trustees shall consider the facts and evidence determined as a result of its investigation, as well as any other facts, the reasonable requirements of the neighborhood for the type of license for which application has been made, the desires of the adult inhabitants, the number, type and availability of liquor outlets located in or near the neighborhood under consideration, and any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed. TOWN ATTORNEY will present the application and confirm receipt of the following: X Receipt of all necessary fees and hearing costs. The applicant is filing as an: X An individual. A Partnership. A Corporation. X The property is zoned C-D Commercial Downtown or x C-0 Commercial Outlying, which allows this type of business as a permitted use. AUGUST X The notice of hearing was published on 26, 1994 X The premises was posted on AUGUST 31, 1994 2 X There is a police report with regard to the investigation of the applicant. (There is a map indicating all liquor outlets presently in the Town of Estes Park available upon request.) The Town Attorney asks whether any of the Trustees have any questions regarding the application. Mayor Applicant please present your evidence. Ask the Town Clerk whether any communications have been received in regard to the application. The Town Clerk reads all communication. Ask the Board if there are any further questions. Indicate that all evidence presented will be accepted as part of the record. Ask the Board if they have any further comments. MAYOR. Declare the public hearing closed. SUGGESTED MOTION: Finding. The Board of Trustees finds that the reasonable 3 requirements of the neighborhood are/are not met by the present liquor outlets in the neighborhood and that the desires of the adult inhabitants are/are not for the granting of this liquor license. Motion. Based upon the above findings, I move that this license be granted/denied. r 4 DR 8404 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2 % FERMENTED MALT BEVERAGE LICENSE APPLICATION 1. Applicant is a Date filed with Local Authority ' j 1419 + m corporation (Attach DR 8177) [~Individual (Attach DR 84044) F.E.I.N. U Partnership (Attach DR 8441) C] Limited Liability Company (Attach DR 8405) 1 a. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation Social Security No. d ec fic Lee 147 - 29 - 61 2 2 2. Trade Name of Esta61ishment (DBA) State Sales Tax No. Business Telephone H UWAR RECTAug.ANT 4%1-2127 3. Address of Premises (specify exact location of premises) 46 0 4]eft RO keY fide Pr City County i State ZIP Code n E Ste,5 f'tr K L#Yi Mere 60. a't.f 7 4. Mailing Address (Nuhiber and Street) City or Town State ZIP Code F.0 Â· FOK /6 17 E<ies YAX K 60' Po t-' 1 5. If the premises currently have a liquor or beer license, you MUST answer the following question: Present Trade Name of That Establishment (DBA) Present State License No. Present Type of License Present Expiration Date Aâ‚¬ id 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- Yes No / ers or directors if a corporation) or manager under the age of twenty-one years? 0 2 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- ers or directors if a corporation) or manager ever; (a) been denied an alcoholic beverage license? O 9 (b) had an alcoholic beverage license suspended or revoked? 0 9 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? , 0 [90' If you answered yes to 7a, b or c, explain in detail on a separate sheet. 8. Has a liquor license for the premises to be licensed been refused within the preceding two years? If "yes," explain in detail. 0 Â£7 8a. Has a 3.2 beer license for the premises to be licensed been refused within the preceding one year? If "yes,0 explain in detail. E 62/ 9. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or m E" seminary? 10. Has a liquer or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a / limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any 04 current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 1 a of this application, have legal possession of the premises for at least 1 year from the date that 4 m this license will be is,ded by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) U Ownership g Lease U Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant 4 eÂ©Yle Lee F/(27/0 9 Expires ,/MeÂ« 14 LIA Attach a diagram of the area to be licensed (including dimensions) which shows the bars, walls, partitions, entrances, exits andwhat each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". (Doesn't have to be to scale) 12. Who has (including persons, firms, partnerships, corporations, limited liability companies) or will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME . ADDRESS INTEREST deortâ‚¬ Le 4-60 W. R;*.Y <:de pr. Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises All Optional Premises applicants must attach a copy of the local ordinance or resolution authorizing the issuance of Optional Premises licenses. Number of separate Optional Premises areas reg, Ip.sterl. 011/51Â£4 6/L 011:irMIX 59 Klitta Wall< - iN 2.raiAK tls#WANI MAtlt\11% 415 *rhem< TA 1 14 +MUK BpÂ¥43# SUK 1 : . 1*033 & ggy:TE-MA *12# - oira j vik "MAR 1 - 41:.8 '14 L 1/INE 10/fdJU N 4- 89 18*1400 Â·914 \.0 LZLI 41109 30" WIR 474; *11 &114 0 1 1111 81, 114)A 1911'O -9111Â¢1,5 FÂ»t; liu o 131001 51Qvl.301A fow. HYUM 2- (23*tFZi~25<r// -4101 0/44%44 *11 03 9 .11$3191 - 1 -00 0O 11 [Â»/f 1 -- f 1/ / Ilwuj 1 l- - -J / i k.8911 -2/ -A -l 1.11 L.0/ U : 9 4.1 0 0 - 71% 31 '12 00 Lr-J 1 T 203 3 . 1~ -:'Lt..., 'j ' - # ... A _ 8+:tu> . Zak< 1 -,21.2 L'-.f-Â·f- .L t . Â·Â·... J : ) 714 A.t.v j /444.-4-- I DR 84044 (02/94) COLORADO DEPARTMENT OF REVENUE UQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicants all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE: This individual history record provides basic information which is necessary for the licensing authorities investigation. ALLquestions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business Date Social Security Number(s) H Unan ked-auvant . ?-12.-99 44-1- 21 -4-1,-z 2. Your Full Name (last, first, middle) 3. Also Known As (maiden name/nickname, etc.) Leâ‚¬ 6 ec Y~â‚¬ *,1 - 4 1 Lee 4. Mailing Address (il different from residence) Home Telephone f. or Gor 1 621 Sffe.f faYIC. 60 . P 4-f 1 701 - 211 -lc 1# 5. Residence Address (street and number, city, state, ZIP) 1 YN I E. 44 -14 4. 4/ , r lAT. 94- 11 7 6. Date of Birth Place of Birth 7. U.S. Citizen? 3 - 150 - 4 TAINAA/ El<(es C] No If Naturalized, state where When Name of U.S. District Court 06 P al tls't 0 6-Ded U.T. Naturalization Certificate Number Date of Certificate It an Alien, Give Alien's Registration Card Number Permanent Residence Card Number â€žu 44 36 6 /1 Â¥/~ I 8. Height Weight Hair Color Eye Color Sex Race 9. Do You Have a current Driver's Ucense? If yes. give number, & state Â£8 (91 81* p LY M D [9 Yes m No FT 0 4 .1,3 117 1 10. Name of Present Employer 11. Type of Business or Employment 3-0 3 A 1 2 BO fineff 12. Address of Business Where Employed (street number, city, state. ZIP) Business Telephone jÂ«j t. ofen A Apul #fines< 44. 6((ErfA<BA 43 4- Pl-3 7 13. Present Position r ov 14. Marital Status 15. Name of Spouse (include maiden name if applicable) Mo rrzed Met- cki L,e C L.6 ou,) 16. Spouse's Date 01 Birth Spouse's Place of Birth 3-6- 42 2-9- 1 TAi w Aw 17. Spouse's residence address, il different than yours (street and number, city, state. ZIP) 18. Spouse's Present Employer , f Occupation Moofe 19. Address of Spouse's Present Employer 20 List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER 21. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Ucensee? If yes, ans,~/ in detail E Yes [2 No DR 8404-1 (294) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail foranyoffense in criminalormilitatycourt? (Do not include traffic violations, unless they repulted in suspension or revocation of your drivers license. oryou were convicted of driving under the influence of drugs or alcoholic beverages.) If yes. explain in detail. / C] Yes E No 23. Have you ever received a~lation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes. explain in detail. U Yes 7No 24. Military Service (branch) From To Serial Number Type of Discharge CTA WAR) MaY, 10,2- 25. < List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 1931 6â‚¬t 46-16 folrtil falt-L,ke Clfj (JI gÂ¥ 1,7 4.Ily? 1194 ftejâ‚¬472 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO fg Y to ne Reff.-0 Â¥mt 4-93 4 5. th |and DY. Â« CP , WrleÂ¥ /197 l112 MAYÂ°, f 0 10 Ke.fuumnt 4926 5. Hig,land i>r <Le. owfleÂ¢ /191 liT 3 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) AA V Se 1.~ 28. If stockholder, num6er of shares owned beneficially or of record A~ ,/~ Percent of outstaoding stock owned N It,\ 29. If partner, state whether [-1.General O Limited - Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this busines~, ihcluding notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ ~~ 0 *70 T 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Names on accounts or person who can Amounts Sources - Account Numbers sign on this account $ 3 40,0 - FirSt fecuY/ry AÂ« - /4 4 36 $ 2-0 00 0 My Brciker 14 lai uan $ % $ 42Â·t-"~r>:.r< .9:,4 ,:*,9-.crk,2 t...ipÂ·tyÂ·Â·0-:2'tWE ?Â·Â·:il i .;.7 ...2 13,0.th,6f Applicant 4"~34~ 19"71% .. %.- . I I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Title Date o W Ae< $2 ft>/19 0, ' Police Department .i TOWN OF ESTES PARK ~4Â£ 6 4 Wf12 - .-'**Flik-â€¢eer a //2,9,92. , ,),1 ' .1-- z. I. KLX. :9Â£~,<,e,lit: F<7~~ /1 1,4, 1,4,VhÂ£ . ..... - - 1 7. August 25, 1994 Vickie O'Connor, Town Clerk Town of Estes Park Estes Park, CO 80517 RE: George Lee d/b/a Hunan Restaurant Hotel & Restaurant Liquor License Ms. O'Connor: A records check based upon the names and dates of birth of the above named individual(s) has been made. There have been no convictions, nor are there any wants or warrants against them. Therefore, based upon the information received, I would recommend approval of the license for George Lee d/b/a Hunan Restaurant. @incerely, Cil e ktÂ»////2141 David J. Racine Chief of Police DJR/ j o 303% 686-4466 â€¢ RO. BOX 1287 â€¢ ESTES PARK, CO 80517 â€¢ FAX (303) 586-4496 .. ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF A UTILITY EASEMENT IN MOUNTAIN GOLF VILLAS SUBDIVISION WHEREAS, the Board of Directors of the Town of Estes Park, Colorado, has determined that it is in the best interest of the Town to vacate a portion of a utility easement in Mountain Golf Villas Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO. Section 1. The Board of Trustees of the Town of Estes Park, Colorado hereby vacates the utility easement on the following described property: See Exhibit "A" attached. Section 2. The Town hereby surrenders any and all right, title and interest to the above described portion of the easement. Section 3. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 1994. TOWN OF ESTES PARK, COLORADO By: 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 , 1994, and published in a newspaper of general circulation in the Town of Estes Park, Colorado on the day of , 1994. Town Clerk 1. EXHIBIT ",A" A portion of Outlot B, Block 1, Mountain Golf Villas Subdivision located in Section 30, T5N, R72W of the Gth P.M., Larimer County, Colorado being morn particularly described as commencing at the Northeast corner of said Outlot B, as monumented by a 1/2" rebar with plasti.C cap number 15760 ; thence S 84"13'28" W a distance of 30.16 feet along- the Southerly right-of-way line of Matthew Circle; thencc S 00Â°06'19" W a distance of 90.01 fect: thcnce N 89Â°02'36" W a distance of 14.00 fect along tlic North line of said Outlet B to the TRUE POINT OF BEGINNING: thence S 00Â°57'24" W a distance of 2.00 feet; thence H 89*02'30" W a distance of 29.00 feet; thence N 00Â°57'24" E a distance of 2.00 fact to a point hereinafter referred to as "Point A"; thence S 89Â°02'36" E a distance of 29.00 feet to the TRUE POINT OF BEGINNING; AND ALSO Commencing at the aforementioned "Point Al'; thence N 89Â°02'36" W a distance of 13.00 feet to the TRUE POINT OF BEGINNING. thence S 00Â°57'24" W a distance of 2.00 feet; thence N 89'02'36" W a distance of 29.00 feet; thence N 00Â°57'24" E a distance of 2.00 feet; thence S 89Â°02'36" E a distance of 29.00 feet to the TRUE POINT OF BEGINNING; BRIOFORIPUILISHINGCO RECORD OF PROCEEDINGS Public Works Committee July 28, 1994 Committee: Chairman Gillette, Trustees Doylen and Miller Attending: All Also Attending: Trustee Marshall, Town Administrator Klaphake, Public Works Director Linnane, Clerk O'Connor Absent: None Chairman Gillette called the meeting to order at 9:30 A.M. ...LIZ~ASEMENT VACATION REOUEST FOR LOT 1. VALLEY VISTA ADDIZION. Several yea73-8,5,4 the Town installed a water lin.-fi--Moccasin Circle Dr. (border7044is site on the north) -Amt-hbandoned a 2" water line that extends -ght.Â·22d west acESP-Uils lot. The utility easement was required to be vae.&210.-En the Planning Commission and Town Board conditionally apnie/,r/*442 Development Plan for this site. The Water Dept. no 1-gp,â‚¬Fneeds thetaement; however, staff expects the Developer-1/0â‚¬lrculate a routing ~h'R-f- or approval by all a f fected utiU,w~Sgencies. The Committee reco~em,40 approval of the reque*-dEntingent upon the owner paying Town AtEDâ€¢alfees (preparall.6- of an ordinance) and approval by affected u trh6*W ag~5;Wf-0 EASEMENT VACATION. BLOCK 1. MOUNTAIN GOLF VILLAS SUBDIVISION. Following approval of a development plan for multi-family units, ~ ownership changed, and new floor plans for the golf course units were lengthened by 2'. The engineering firm was unaware of these changes, and thus Units 1 and 2 were partially located on an existing easement. Therefore, the owner is requesting the Town vacate the north 2' of the easterly 35' of the easement. There are no utilities within the easement at this time and the existing bicycle path falls within the southerly 10' of the easement. The Developer must also circulate a routing slip for any affected utility agencies for this request. As the integrity of the easement remains intact, the Committee recommends the request be approved contingent upon the owner paying Town Attorney fees (preparation of an ordinance) and approval by affected utility agencies. EY HISTORIC DISTRICT - REOUEST APPROVAL OF STREET NAME. Admini ator Klaphake reported that EPURA requested es be submitte or the official name of the Stanley Hist c District roadway, an that "Steamer Parkway" is be' recommended. Discussion foll d, with the Committee reco ing said roadway be officially name eamer Parkway. NEIGHBORHOOD MAIL DELIVERY. P - REOUEST AUTHORIZATION TO BID AND AWARD CONTRACT. The 1994 Budget incl s $23,000 fo the construction and maintenance of cluste oxes for Phase II (c inues to the south, along the Highway corridor). This amount tches Phase I. Following discu on with postal personnel, ei sites were selected. Pub c comments have been requested and rec ' ed. Phase I has been pleted and 380 of the 700 units have been ilized. Due to me-schedule constraints, staff requested authorizati to bid d award the contract if the bids do not exceed the budge Th Comittee recommends staff be authorized to bid the project, ! Board of Trustees - August 9, 1994 - Page 2 rket and Rally 'n the Rockies under the "A" priority. Staf w distribute the 1993 analysis and any associated data all rustees. Followl discussion, it was moved and seconded (Doylen/ ley) the Agreement with the Long's k Scottish Highland stival, Inc. be approved, it passed unanimously. B. Connie Boschen Aareement for 1994 istmas Parade. The Agreement for thi own-sponsored s ial event is identical to the 1993 Agreemen ith the exc ion that Ms. Boschen will be responsible for pr 'ding Wo ers Compensation Insurance. The service fee is $10,0 plu n operating budget of $2,500. It was moved and seconded en/Marshall) the Agreement with Connie Boschen be approve , nd it passed unanimously. The Trustees commended Ms. sche or all the work performed on the annual Christmas ades. 2.A. 1994 Water Line P ect - Accept Bi Public Works Director Linnane report that of the thr bids received, BT , Construction the low bidder--$141, . BT constructed large water ne projects for the Town in 988, '91 and '93 and they h an excellent record. The budge s $142,000 and I continge les for potential change orders cou be financed from a equipment item for a water plant that 11 not be purc ed in 1994. RMC has been directed to close monitor th project. It was moved and seconded (Doylen/Mil ) the bid in the amount of $141,910 submitted by BT Const ion e accepted, and it passed unanimously. B. Utility Easement Vacations: 11) Lot 1. Valley Vista Addition. and (2) Block 1. Mountain Golf Villas Subdivision. Director Linnane noted that the Committee recommended approval of both aforementioned easement vacations contingent upon each developer obtaining approval, in writing (routing slip), from i any affected utility agencies (with submittal to staff, plus I payment for any Town Attorney fees); staff confirmed that any such approvals have not been submitted. Therefore, no further action was, or will be, taken on Items 1 and 2 pending receipt of the routing slips. 3. ' otel & Restaurant License. Johnathan & Amy Lvreman. dba COWP CAFE OF ESTES PARK. Mayor Dannels opened the publ hearing, Town Attorney White presented the applica ' . Attorney Wh acknowledged receipt of a favorable tion containing 18 gnatures and Ms. Lyreman pre ted an additional favorab etition with 11 signatures here being no further testimon nor communications, ayor Dannels declared the public hear closed. Statin at the Board of Trustees finds that the asonable uirements of the neighborhood are not being me y the esent liquor outlets in the neighborhood and that desires of the adult inhabitants are for the grantin this liquor license, it was moved and seconded (D en/D er) the Hotel and Restaurant Liquor License f the Cowpo Cafe of Estes Park be granted, and it passed animously. 4. Compensation System view - Award of Cont t. Ass't. Administrator Widme eported that organizations o he Town' s size and compl 1ty should periodically revi their compensation sy ems for accuracy and compatibility w the market. Th own last had a compensation system re ew performed 1988. RFPs were submitted to seven firms a proposals ere received from three f irms. The review consists of two gments: (1) analysis of the compensation schedule to . incl e recommendation(s); and (2) review of the evaluation fo itself. With the assistance of Finance Officer Vavra, proposals were reviewed and, based upon the fact that one , RESOLUTION WHEREAS, on July 23, 1991 the Board of Trustees adopted Ordinance 15-91 pertaining to "containment" within the C-D District. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the following guidelines shall be adopted for the "Surprise Sale Days" being sponsored by the Special Events Department which is scheduled October 8 and 9, 1994: 1. Hours of operation shall be 9:00 A.M. - 6:00 P.M. 2. The Sale Weekend is available to all Estes Park businesses. 3. The Sale Weekend will be held rain or shine. 4. Businesses will be allowed to sell merchandise in front of their store only during the hours specified above. 5. Each business will be allowed one (1) outside selling space. 6. Sidewalk displays shall provide a minimum clearance of 4' for pedestrian ways and handicapped accessibility. Displays and/or merchandise will not be allowed in any street. 7. Those merchants without sidewalk frontage may reserve a space in Bond Park by contacting Linda Hinze at 586-6104. 8. Advertising posters will be provided. 9. All participating businesses must possess a current Town Business License. BE IT FURTHER RESOLVED, that every business is urged to participate in this sale weekend which will be essential toward making the Surprise Sale an annual event. DATED this day of , 1992. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk