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HomeMy WebLinkAboutPACKET Town Board 1994-10-11BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, October 11, 1994 7:30 P.M. AGENDA 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 September 27, 1994. 2. Bills. 3. Committee Minutes: A. Public Safety, September 29, 1994. B. Community Development, October 6, 1994. C. Board of Adjustment, October 4, 1994 (acknowledgement only). ACTION ITEMS: 1. American Red Cross - Presentation of Plague. 2. Park School District - Request Support of Ballot Issue. 3. Planning Commission: A. Public Hearing. Lot 6, Little Prospect Mountain Addition, Geraldine Kappely/Applicant. B. Public Hearing. Lots 15-17, Block 2, Town of Estes Park, Elizabeth Bowers/Applicant C. Public Hearing. Amended Plat of Lots 11 and 12, Crags Addition, C. Franklin Hix/Applicant. D. Public Hearing. Replat of Lot 131, Al Fresco Place Addition, John Grace/Applicant. 4. Presentation of Intergovernmental Agreement with the Estes Park Urban Renewal Authority. 5. Liquor License: A. Public Hearing. Change of Class/Ownership - From Beer and Wine to Hotel and Restaurant License/From Steven Barlow to John and Donna Sinnott, dba MAMA ROSE'S, 338 E. Elkhorn Ave. 6. 1995 Budget - Presentation of Resolution Appropriating Sums of Money (Preliminary). 7. Town Administrator's Report: A. Status of Litigation/Town's Ballot Issue. B. Budget Calendar. 1 Town of Estes Park, Larimer County, Colorado, . Se.PtemkeT 27. ., 19,94 . Minutes of a . Regulan . . 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 Eatee Park on the . 27.th . . day of ... .Sep.t~91:., A. D., 19.9.4 . 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 Vickie 0'connor, Pah*/4 Town Clerk Absent: J. Donald Pauley, Trustee Mayor Dannels called the meeting to order at 7:44 P.M. PUBLIC INPUT. Dick Pratt requested the Town produce (make public) the law/regulation that allows Cable Systems, Inc. to assess its customers a 5% franchise tax. Lou Canaiy commented on the housing program, and ballot question seeking the retention of excess sales tax funds in light of the recently presented Financial Report. Town Administrator Klaphake responded to Mr. Canaiy's concerns. CONSENT CALENDAR: 1. Town Board minutes dated September 13, 1994. 2. Bills. 3. Committee Minutes: A. Special Events, September 22, 1994. B. Public Works Committee, September 22, 1994. C. Planning Commission, September 20, 1994. 1. Lot 6, Little Prospect Mountain Addition, Geraldine Kappely/Applicant - Continue to October 11, 1994. 2. Lots 15-17, Block 2, Town of Estes Park, Elizabeth Bowers/Applicant - Continue to October 11, 1994. It was moved and seconded (Gillette/Doylen) the consent calendar be approved, and it passed unanimously. ACTION ITEMS: 1. Larimer Countv "Post 2001" Campaian. The following, representing the citizens group "Post 2001", appeared seeking support of the 1/4¢ Sales Tax proposal included in the November 8, 1994 Election: Tom Keith, Larry Gamble, Larimer County Commissioner Jim Disney, Jim Crain, Marian Mortell, and K-Lynn Cameron. Revenue generated by this tax would be used for the acquisition, development, management and maintenance Board of Trustees - September 27, 1994 - Page 2 of open space and trails, and for the renovation of existing parks. Representatives believe the 1/4¢ sales tax, which would be collected for seven years, could generate $35 Million. The recent Talmey-Drake Survey identified one of the top priorities to be trail development, and, at the RMNP Gateways Conference, critical lands were identified as well as methods to protect them. The Town receives less than $50,000/year from Lottery funds, which could reach $100,000/year by the year 2000. The Town, could expect $250,000/year with the Post 2001 Campaign. Audience comments were heard from Lou Cherbeneau--he is a wilderness and open space/trails advocate; however, he has severe reservations with the proposal--clarification is needed on the acquired land--will it be deleted from the tax rolls, which document, the Larimer County Comprehensive Parks Master Plan for the Estes Valley Trail Plan will take precedence, Estes Park (with the tourist population) will produce the largest amount of funds; and whose land is being proposed for acquisition. Pieter Hondius--strongly in favor of open space; the County has previously relinquished management of Carter Lake and Horsetooth; and there may be a more efficient way to spend dollars than parks. Lou Canaiy--government cannot be everything for everybody; believes in conservation but doesn' t need more taxes; use the land already obtained; and ordinances can regulate development and open space. Pursuant to questions raised by the Trustees, representatives added the following: Estes Park will receive its pro-rata portion; Commissioners will meet annually specifically to discuss how to allocate the dollars with each affected community; lands to be acquired by Larimer County will only proceed on "good faith negotiations"--condemnation is not an option; 70% of the funds will be utilized for acquisition and 30% Will be utilized for administration and capitol improvement maintenance; a trust fund will be established for maintenance of acquisitions. Additional Trustees comments: there are higher priorities than open space; RMNP serves as open space; funding concern for future maintenance of the acquired open space; support of the proposal while honoring the vote of the people; lack of assurance that Estes Park will receive its fair portion. Concluding all discussion, it was moved and seconded (Gillette/Doylen) the Board of Trustees approve a Resolution of Support for the Post 2001 Campaign. Motion failed by the following votes: Those voting "Yes" Trustees Doylen and Gillette. Those voting "No" Trustees Dekker, Marshall and Miller. 2. Hunting Ban/Town Property (Continued from September 13. 1994). Administrator Klaphake reported that the Light & Power Department has prepared an "Interim Hunting Policy" for the Fish Hatchery/Fall River Hydro Property: the site will be posted "hunting by permission only, bow hunting only"; hunters desiring to use the property will obtain a permit, free . of charge, from the Light & Power Department Office; permits will be issued on a first-come, first-served basis, in an equitable manner; only one permit/day will be issued for each permit; permits will be non-transferrable; and hunters must meet the following: 1. Comply with all applicable state laws. 2. Comply with all Rocky Mountain National Park requirements. 3. Hunt only in designated area (area south of Fall River and Fish Hatchery Road). Vehicle to be parked in designated area (entrance gate to the Board of Trustees - September 27, 1994 - Page 3 property). 4. Permits will only be issued to Larimer County residents. 5. Hunting will be limited to deer and elk. 6. The Interim Policy is to remain in effect throughout the 1994-95 hunting season. A map was presented that identified Town property/hunting boundary. Mike Sanem, 3355 Fall River Road reported that, as an affected property owner, he has a vested interest. Mr. Sanem has discovered steel-shafted arrows near his residence, and he posed questions concerning the Town's financial liability pursuant to pedestrian traffic observing wildlife on the site, and the Board was invited to perform a site-inspection on his property. Mr. Sanem has discussed this issue with DOW Representative Spowart and RMNP Supt. Rouse, and he urged the Town to ban hunting within Town limits. Dan Ludlum stated that, following discussion with prior administration, he has hunted on this site for many years and that he observed pedestrians on a limited basis. Stating that the Light & Power Committee attempted to accommodate bow hunting and exclude high-powered rifles, and not loose the hunting season entirely, staff prepared the aforementioned interim hunting policy. Attorney White stated that any liability the Town may have, is identical to that of any private property owner and the potential risk is evident to the Town's insurance carrier. It was moved and seconded (Dekker/Miler) the Interim Hunting Policy, as defined above, be approved, and it passed unanimously. 3.A. 1994-95 Appointments to Estes Park Rooftop Rodeo Committee - Approval. Special Event Coordinator Hinze reported that the Committee recommended approval of the following to the Estes Park Rooftop Rodeo Committee: Gary O'Connor, President Jo Adams, Vice President Jill Smith, Secretary Ed Allbright Ralph Ramey Jerry Brumleve Bob & Mary Jo Seifert Don Cunningham Kelly Sishc Rick Dill Karen Smith Margee Gartner Spencer & Megan Smith Ken Hobert Chuck Thomas Marion "Chief" Jenista Sue Thomas Steve Kingery Joan Van Horn Dave & Judy McPhee Betty Whiteside Vickie O'Connor It was moved and seconded (Doylen/Gillette) the membership roster be approved, and it passed unanimously. 4.A. Amended Plat of Lots 11 and 12. Crags Addition. C. Franklin Hix/Applicant. It was moved and seconded (Gillette/Doylen) the Amended Plat be continued to October 11, 1994, and it passed unanimously. B. Lot 1. Block 8. North Ridge Meadow Condominiums - Request Time Extension. The Applicant is requesting a 7-year vested rights period to complete Phase II of the North Ridge Meadow Condominiums. Community Development Director Stamey provided background information, and that citing public safety concerns with a long-term construction project, visual impact, lack of justification submitted for an extension, the Planning Board of Trustees - September 27, 1994 - Page 4 Commission recommended approval of an additional year for a total vesting rights period of 4 years, expiring July 19, 1998 (the motion passed on a 5/1 basis). Applicant's Representative Van Horn commented that a remaining 7 units are to be constructed in Phase I and that subsequent to the Commission recommendation, the Owner will be required to produce 35 units in four years (7% units/yr.) In addition, the Owner is experiencing difficulty in obtaining sub- contractors, is concerned with market conditions, and approaching adverse weather conditions. Mr. Van Horn confirmed that the neighbors do not object to the time- extension request. All site improvements have been installed, 12 units have been completed, and the project will proceed; however, the Applicant desires a less-stringent work pace. Mr. Van Horn confirmed that the Applicant was previously advised of what the vested property rights period would be and that the Applicant was advised he could request a time extension. Town Attorney White confirmed that should the Trustees accept the Planning Commission recommendation of a one-year time extension, such action would not preclude the Applicant from requesting additional extensions. There being no further discussion, it was moved and seconded (Doylen/Gillette) a one-year extension, for a total of four years, expiring July 19, 1998 be approved, and it passed unanimously. C. Revlat of Lot 131. Al Fresco Place Addition. John Grace/Apolicant. It was moved and seconded (Gillette/Doylen) this Replat be continued to October 11, 1994, and it passed unanimously. D. Park Entrance Estates - Annexation. Mayor Dannels opened the public hearing. Director Stamey reviewed the Memorandum of Understanding (annexation agreement) : existing gravel streets will be dedicated to the Town, however, the Town will ' not maintain them until such time as the Homeowners Association or Special Improvement District completes paving work; the existing water system is private; sanitary sewer is provided by Upper Thompson Sanitation District (no extension proposed) ; the Town will recognize historic use for any residential units currently used for nightly rentals until such time as the use ceases or changes; and, pursuant to the petitioners'. request, the Town will install a street light at the corner of Heinz Parkway and High Drive. Town services will be provided for zoning, streets, snowplowing, water rates, water lines, taxes, police protection, building permit/inspection, and street lights. Staff received a letter of opposition from adjacent property owner Bernie Holien regarding installation of the street light. Town Attorney White read a resolution finding the area is eligible for annexation. Public comments were heard from Naomi Williams who stated two owners are not in favor of annexation and that the Homeowners Association is in favor of a street light based upon safety concerns with the Beaver Point Intersection. Bernie Holien stated he has no objection to the annexation, his concern lies with the street light--the High Drive area has traditionally been a rural settihg and with the potential of future annexations, the open space is in jeopardy; and he was aware that a project was recently approved without street lights. Jack Ranney, proponent, stated that public safety representatives do concur with the light installation and that perhaps the light could be diffused in a downward direction. Attorney White advised that the Memorandum of Understanding had been fully-executed and that the street light installation was made a part of the document'. There being no further testimony, Mayor Dannels declared the public hearing closed. Board of Trustees - September 27, 1994 - Page 5 It was moved and seconded (Doylen/Gillette) the Resolution (#19-94) finding that the area is eligible for annexation be approved, and it passed unanimously. Attorney White read an Ordinance approving the Annexation of Park Entrance Estates Addition, and it was moved and seconded (Dekker/Miller) the Ordinance be approved, and it passed unanimously. Whereupon Mayor Dannels declared the Ordinance duly passed and adopted, ordered it numbered 9-94 and published according to law. Attorney White read an Ordinance approving E-Estate zoning, and it was moved and seconded (Doylen/Gillette) the Ordinance be approved, and it passed unanimously. Whereupon Mayor Dannels declared the Ordinance duly passed adopted, ordered it numbered 10-94 and published according to law. 5. Resolution Concerning Election Judges and Canvass Board for November 8. 1994 Coordinated Election with Larimer County. Clerk O'Connor requested approval of a resolution authorizing the Larimer County Clerk to appoint election judges, and, as required, that Mayor Dannels, Clerk O'Connor, and Amy Plummer (registered elector) be appointed to serve as the Canvass Board. Town Attorney White read the resolution in full, and it was moved and seconded (Doylen/Dekker) Resolution #20-94 be approved, and it passed unanimously. 6. Estes Park Urban Renewal Authority - Appointment. Mayor Dannels reported that former Commissioner Carl Henderson has consented to serve for a 5-Year term expiring in September, 1999. It was moved and seconded (Dekker/Doylen) Carl Henderson be re-appointed to serve a 5-year term on the Estes Park Urban Renewal Authority, said term expiring September, 1999, and it passed unanimously. 7. Town Administrator's Report: A. Intergovernmental Agreement with EPURA. Staff presented a draft of the IGA with EPURA which includes language for the Authority to transfer to the Town all revenues which will be are made available to the Authority should the November 8, 1994 ballot issue be passed. Formal presentation of the revised IGA will be given at the Trustee meeting scheduled October 11, 1994. B. Administrator Klaphake reported that a lawsuit against the upcoming ballot issue was filed September 23, 1994. The plaintiff was Daniel F. Smith. On September 27, 1994, the Clerk was notified that the plaintiff did not want to pursue the suit. Attorney White reviewed the eight claims for relief against the Town and EPURA. The suit did not request the Court to stop the election, however, plaintiff is requesting the court find the issue illegal. Approximately 35 municipalities have already passed similar revenue spending questions and Estes Park is the first municipality being challenged. An additional 15-20 entities are seeking approval on the November ballot. Following discussion, it was moved and seconded (Doylen/Gillette) the Town Attorney be directed to file a motion to dismiss or answer the suit as necessary, and it passed unanimously. Board of Trustees Convene as Estes Park Housing Authority (EPHA) Mayor Dannels convened the EPHA. 1. Appointment of Treasurer. It was moved and seconded Board of Trustees - September 27, 1994 - Page 6 (Doylen/Dekker) Trustee Stephen W. Gillette be appointed Treasurer, (replacing David Habecker) and it passed unanimously. 2. Update Report. Administrator Klaphake reported that the Housing Site Polling Project includes a "fact sheet" and postage-paid return postcard. The postcard is to be returned to the Town Clerk's Office by October 7; drawings contained in the flyer were prepared and supplied by RMNP; and results will be announced following tabulation. Following completion of all agenda items, Mayor Dannels adjourned the meeting at 10:16 P.M. ................. Mayor ............... Town Clerk BRADFOROPUBLISHING.0 RECORD OF PROCEEDINGS Public Safety Committee September 29, 1994 Committee: Chairman Gillette, Trustees Dekker and Marshall Attending: All Also Attending: Trustee Doylen, Town Administrator Klaphake, Police Chief Racine, Clerk O'Connor Absent: None *. 4 Chairman Gillette called the meeting to· order at 8: 03 A.M. POLICE DEPARTMENT. Commendation Awards. Police Chief presented Commendation Awards to the following: Officer Michael J. VanDeutekom - "through his expertise in interviewing techniques, obtained permission to search the suspect's vehicle and discovered material relating to arson crimes." Officer Corey Pass - "contributed to the clearing of seven arson crimes, certainly preventing further loss of property and possibly loss of life." Sgt. Eddie Lang - "commended for his contribution (Seat Belt Program) to safety of motorists and vehicle occupants and for bringing recognition and honor to the Department and Town." On behalf of the Committee and Town Board, Chairman Gillette acknowledged how the efforts of the Police Department, as witnessed above, serve the community. Pedestrian Signal/Crosswalk from the Municipal Parking Lot to the Riverwalk. Due to 1995 Budget preparation, staff requested direction on said signal/crosswalk. On June 24, 1991, the Committee recommended a yellow flashing light and temporary sign be installed in the middle of E. Elkhorn Avenue from the Municipal Parking Lot to the Riverwalk to assist an officer station at this location. The temporary nature of the light and sign was due to the anticipated redesign of the municipal parking lot and crosswalk entry, and the soil testing/gasoline monitoring of Elkhorn Avenue. In addition, CDOT views the light and sign as "non-conforming." Staff reported that the project would include installation of mast arms and pedestrian-actuated signal light. Fixtures would be painted to match existing streetscape; staff must determine whether, as previously confirmed, CDOT will participate in funding. Due to the 4%% ratchet (TABOR), the Town will request funding from EPURA. Chief Racine reported that the signalization will release the traffic officer at this location and possibly focus enforcement at another location. Discussion followed, with the Committee recommending staff include the signal/crosswalk in 1995 Budget preparations, directing staff to research CDOT funding. Drug Investigation - Review. Chief Racine reported on the recent drug arrests. Arrest warrants were issued for a number of persons suspected of providing illegal substances to buyers in Estes Park. The primary impetus of the Department is to IRADFORIPUBLIHING.0 RECORD OF PROCEEDINGS Public Safety Committee - September 29, 1994 - Page 2 apprehend anyone supplying juveniles with drugs. The Drug Task Force is proving successful in limiting drugs coming into Estes Park and the media has been helpful in this effort. Chairman Gillette noted the media was helpful; however, in his opinion, the media acted incorrectly in airing children's voices on the radio during the drug raid. Trustees Dekker and Marshall concurred, and the Committee recommends instituting a policy whereby the media may be invited to future Police # operations with the condition there be no reporting of minors, either directly or indirectly. REPORTS. The Committee discussed: (1) revising the time-limit to 5-minutes for parking in the Post Office Lot in lieu of the posted 15 minutes; and (2) questioned the number of handicapped parking spaces. Staff confirmed that the current 15-minute restriction is reasonable and that, with the addition of cluster boxes, trip generations are being significantly reduced. In addition, the number of handicapped spaces are mandated by ADA regulations--the Town is complying with these regulations. The Committee reviewed the Monthly Reports for February - July. The summary identified a total of 397 incidents in February versus 1,265 in July. There being no further business, Chairman Gillette adjourned. the meeting at 8:50 A.M. '31,0 L... C £ Ck.1 (0 0 6.7... 4 + Vickie O'Connor, CMC, Town Clerk BRA'FOROPUBLISHING.0. RECORD OF PROCEEDINGS Community Development Committee October 6, 1994 Committee: Chairman Doylen, Trustees Dekker and Pauley Attending: Chairman Doylen and Trustee Pauley Also Attending: Community Development Director Stamey, Sales & Marketing Director Pickering, Advertising Manager Marsh, Museum Director Kilsdonk, Clerk O'Connor Absent: Trustee Dekker Chairman Doylen called the meeting to order at 8:00 A.M. CONFERENCE CENTER REPORT. Sales Activity - October. Staff will present an exhibit in the Trade Show for the International Society of Government Meeting Planners. Estes Park will host the meeting planners' conference in 1995. An exhibit will also be displayed at the Non-Profit Association's Fall Meeting. There are over 1,000 non-profit agencies in the region, and staff has been expanding the market in this area. Marketing. The Fall mailer has been completed and given to 1,000 state meeting planners. The various activities Estes Park has to offer has been included. Fall Conferences. Those groups recently utilizing the Center include the Special District Association, International Clean Air, Christian Child Care, and the Michael Ricker Festivity. Housing was distributed among 20 hotel properties throughout the community. Various outside activities being provided for conferences include tours of the Museum, RMNP, Stanley Hotel, art galleries, and area dining and entertainment. The groups do intend to return, adding Estes Park to their rotation schedule. The Committee commended Director Pickering and Coordinator Thomas for their efforts and the positive impact to the community. 1994 ADVERTISING REPORT. As of the end of September, the Town has mailed 75,484 Visitors Guides--14% over 1993; and, as of the end of August, answered 62,754 telephone calls on the 800 number telephone lines--27% over 1993. September alone is 74% over September, 1993. Fall response requests are generally a good indicator for the next season. The Accommodations Betterment Fund participants will use their funds in support of the Town's efforts in the winter months. "Open All Year" ads will run in the front-range dailies of Boulder, Longmont, Loveland, Greeley, Fort Collins and Cheyenne in October, November and January. This schedule represents a $12,000 expenditure and it will compliment the previously scheduled "Open All Year" ads running in the Denver Post and Rocky Mountain News during the same time period. The Committee expressed their appreciation to Betterment Fund participants for their contribution. A copy of the Reader's Digest Road Atlas was displayed. A RMNP map plus four items directly responded to Estes Park. Work in Progress: (1) includes the November.Christmas Parade Insert which is taking a wildlife approach--the insert includes events BRADFOROPUBLISHING Co. RECORD OF PROCEEDINGS Community Development Committee - October 6, 1994 - Page 2 through mid-February; (2) Spring ads are being modified to tailor copy to fit the editorial content of particular magazines; the "Open All Year" ad series will include a Christmas shopping version scheduled for December 9 and 14; (3) Manager Marsh will be attending the Travel Industries Association of Colorado Conference in Denver October 12. The Purpose of the conference is to select nine delegates to the White House Conference on Travel and Tourism, to provide an update on the progress of the Colorado Travel and Tourism Authority Organizing Committee, and to present various . j seminars on tourism. Advertising Response by Modem. In response to the Committee's request for the Town to provide advertising response by modem, staff provided the following: Objectives to this approach were: (1) improve service (be more effective); (2) save money (be more efficient); and (3) reach new markets (expand customer base). Based upon the aforementioned criteria, and determining that additional costs will not provide the Visitors Guide to the caller any sooner, staff confirmed that the modem may be approximately 5- 10 years in the future. However, staff will work toward this approach (which is inevitable) and when it is cost-effective, proceed further. Savvy Award. The Town's Advertising Program has been awarded the 1994 Savvy Award for the "Open All Year" newspaper campaign from 3CMA that ran in the fourth quarter of 1993 and the first quarter of 1994. The award honors the Town with a "first place" in the category of "Marketing Campaigns, Economic Development"; the categories were further defined with the criteria of "Communities over or Under 50,000." Reactions of the judges include: "excellent program for such a small community", "great use of photography", and "kudos for such high level of quality from an in- house production." There were 149 entries in this year's competition. This is the Advertising Program's fourth 3CMA Award. The collection now includes two savvys ( lst place), one Silver Circle Award (2nd place), and an Honorable Mention. The Committee extended their appreciation to Manager Marsh and the Advertising Committee for a job well done. ' MUSEUM REPORT. Through Museum Visitation and Outreach Programs,7,212 patrons were served for the month of August. The "Out of Estes Park Closets: Clothing from the Permanent Collection" Exhibit closed October 30. The holiday exhibit "Round Trip Ticket" an encore exhibition of model trains will open November 25. Staff and Special Event Coordinator Hinze have made preliminary arrangements to cooperate on a Fibers Exhibit and Reception during the 1995 Wool Market. Under the "Green Thumb" Program (a national non-profit), Betty Swanson began work in August. The program is aimed at assisting older Americans re-enter the work force. Ms. Swanson's salary for 22 hrs./wk. is paid by the Program for up to a year in return for job training. Staff has finished reorganizing the Light and Power storage area using shelving and materials obtained under the conservation Project Support Grant; a section of the collection's inventory has BRADFOROPUBLISHING CO. RECORD OF PROCEEDINGS Community Development Committee - October 6, 1994 - Page 3 been completed. Director Kilsdonk also reported on the Outreach Programs, which included cooperation with CACEP to promote October as National Arts and Humanities Month. Mayo Dannels issued a proclamation and the Museum will co-sponsor a reception October 7. The Institute of Museum Ser,d.ces has awarded the Museum a general operating support grant for $22,238. The competitive grant is based on demonstrating excellence in all areas of operations. The museum was one of 300 to receive an award out of 1,159 applicants. The grant equals 15% of the Museum's operating budget and is distributed over a two-year period. The American Association for State and Local History has awarded a Certificate of Commendation to the Estes Park 75th Anniversary Committee. The award will be presented at the Colorado Historical Society's annual meeting on December 8 in Denver. There being no further business, Chairman Doylen adjourned the meeting at 8:29 A.M. U k d--41. (ti) ~ ~'~bl~LA ) Vickie O'Connor, CMC, Town Clerk aRADFORDPUBLISHINGCO RECORD OF PROCEEDINGS Board of Adjustment October 4, 1994 Board: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Attending: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Also Attending: Community Development Director Stamey, Building Official Allman, Deputy Clerk Kuehl Absent: None Chairman Doylen called the meeting to order at 8:30 a.m. APPROVAL OF MINUTES Minutes of the September 6, 1994 meeting were approved as submitted. FALL RIVER ESTATES. LOT 2. BLOCK 2. 1063 FALL RIVER COURT/BILLIE LINN/APPLICANT - REOUEST FOR SETBACK VARIANCE. The Applicant considers the lot too steep and narrow to allow construction within the building envelope, and thus is requesting a variance from Section 17.20.040, B. 1., which requires a 25 foot setback from the property line. The requested variance includes a 20-foot setback from the west side and an 11-foot setback on the north side facing Fall River Court. No one was present representing the Applicant. Building Official Allman confirmed that several lots in this subdivision are steep and narrow, and that present lot owners have expended funds for extensive grading and fill to stay within the required setbacks. Director Stamey noted that subdivisions are approved with building site considerations, and added that this subdivision was approved by Larimer County before Town annexation. Written responses in opposition to the request were received from three surrounding property owners: Kenneth Czarnowski, 2180 Blue Spruce Drive; Charles and Mary Ann Banning, 1054 Fall River Court; and Del Lienemann, Fall River Estates President. Concerns specified were pedestrian and vehicular safety, erosion of property values, and aesthetics. Mr. Czarnowski added that this particular lot is accessible and buildable without the variance by using the same methods of other property owners in the area, including grading and fill and designing the house to fit the building envelope. Commissioner concerns: the Applicant had not submitted site plans to the Fall River Estates Architectural Control Committee prior to submittal to the Board of Adjustment; the building should be designed to fit the site; variances have not been requested by surrounding property owners in this subdivision prior to building. Chairman Doylen referred to a duty of the Board to deny variances that would allow the Applicant to make more money or make a property more valuable. It was moved and seconded (Sager-Newsom) the variance request be denied citing staff recommendations, the existence of no extraordinary or exceptional conditions, and the incomplete petition which did not identify utilities, floor plan, elevation, and access to the lot, and it passed unanimously. There being no further business, Chairman Doylen adjourned the meeting at 8:47 a.m. 1~~U. 14-£-(Ul Tina Kuehl, Deputy Town Clerk ~ M~ SCHOOL BALLOT NE@0*%2 ISSUE FACT SHEET /9 h. , ,\ ri: ! 0 .1 1 . 1. 1 1111.1.1. PROBLEM .1.40 1„3" Young rd.m*~iohrowl ~With the unprecedented growth experienced in the Park School District, we have found our elementary school is seriously overcrowded (already 35% over capacity), the middle school exceeded capacity this year and the high school has reached capacity. If existing trends continue, enrollment by 2004 could exceed 2,200 students. To ensure an adequate education for our youth, additional facilities and staff are necessary. ENROLLMENT STATISTICS 1993/94 9/15/94 Capacity % over caoacitv (current) Elem. 590 634 470 35% Middle 343 364 340 07% High 340 390 390 00% SOLUTIONS ~New Primary - Construct new 40,000 sq. ft. primary school, accommodating grades K-2. This facility would be built on the current school property, creating 16 new classrooms and space for pre-school, special education, music; physical education, and art rooms. Projected Cost - $4,503,449 ~Existing Estes Park Elementary - Remodel to create adequate and safe space for the student population, bringing the library, cafeteria, and learning stations up to acceptable building space allocation levels. Projected Cost - $515,000 ~Estes Park Middle School - Upgrade existing facilities to provide additional classroom space, toilet facilities, and enlarged cafeteria and library areas. This project will add approximately 8,000 sq. ft., including four additional classrooms. Plumbing and electrical improvements are included. Projected Cost - $1,350,000 ~~>Estes Park Hiah School - Add approximately 16,500 sq. ft„ enlarging the cafeteria to meet district food preparation needs, creating four additional classrooms, space for student lockers, library and technology use improvements, and an electrical and plumbing systems upgrade. Projected Cost - $2,031,551 ~Operations Revenue - Voters will be asked to approve $325,000 for general fund revenue through a local revenue base of approximately 2.5 mills to cover increased operating expenses and additional teachers. SOLUTION COSTS The total projected solution costs are 8.4 million dollars in General Obligation Bonds and $325,000 annually for the General Fund. The impact of this proposal is 5.318 to 5.964 mills in new assessments. This equates to approximately $5.70 to $6.39 per month on each $100,000 of market value for residential property and an additional $12.85 to $14.41 per month on each $100,000 of market value for commercial property. CONCLUSION VOTE YES November 8th on both school ballot questions to solve the current and future crowding problems that are occurring in our schools. Without solutions, class sizes will reach 31-35 students in the next 2-3 years. Growth is not temporary and crowded classrooms do affect quality education. The above solutions are the only way to ensure a quality education for the children of the Estes Park area. We ask you to please... 'Vote Yes for our Kids". Paid for by the 'Vote Yes for our Kids" committee, Stephen W. Gillette, treasurer. P.O. Box 3101 - Estes Park-CO - 80517 Janine Oubre 586-6109 Stephen & Irene Little 586-9051 Scott Webermeier 586-6389 Brian & Nancy Biggs 586-8575 Stephen & Katherine Gillette 586-5679 Chris Denning 586-5689 Bill Fears 586-9677 Cheryl Taylor 586-3439 Rod & Gail Desizlets 823-5127 Bob Jones 586-4303 Helen Donahue 586-4683 aRADFORO PUILISHING.0. RECORD OF PROCEEDINGS planning Commission - August 16, 1994 - Page 4 4.4. 137 Stanley Circle Drive. Geraldine Kappely/Applicant. The a./9 Final Plat. Lot 6. Little Prospect Mountain Addition. 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 the Little Prospect Mountain area has been single family. In 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 statedthat 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. 3.6 ,@.ar Amended Plat. Town of Estes Park. Lots 15. 16. & 17. Block 2. 101 E. Elkhorn Avenue (HuDD 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, Applicant will do a specific locate for the service line for Lot 27, which appears to flowunder 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. &68*f Amended Plat. Lots 11 & 12. Craas Subdivision, Audubon '~.24 Street. C. Franklin Hix/Applicant. Applicant' s representative Bill Van Horn stated Applicant is requesting to amend the building envelopes 8 feet to the northeast on the two existing lots to accommodate the terrain and preserve existing trees. Presently, there is a zero lot line on the southwest boundary of Lot 12 and a 10 foot.setback between Lot 11 and 12. No lot boundaries are being changed; no new lots are being created. Existing zoning is R-M Multiple Family. Upon Commissioner request, Mr. Van Horn stated that the existing utility easement along the northeast lot line of Lot 11 and the existing building foundation would be shown on the plat. Director Stamey noted that the original subdivision allowed zero lot lines on some lots. He requested an easement for maintenance be granted across Lot 12 for access by Lot 11. Mike Miller/Resident reported that the information received in the mail was vague and requested that future mailings include clear drawings and explicit explanations. It was moved and seconded (Brown-Pohl) the Amended Plat, Lots 11 and 12, Crags Subdivision be approved provided the Applicant furnish separate sewer connections and provided the existing utility easement and a maintenance easement (4 feet minimum) is granted over Lot 12 for Lot 11 access, with both either being shown or noted on the plat, and it passed unanimously. ~east Corner of Chiquita Lane and Chanin Lane. John Grace/Apolicant. 33. Applicant's representative Paul Kochevar explained Applicant 1 wishes to divide the existing lot of 2.2 acres into two lots of 1.17 and 1.03 acres. Applicant is requesting an exception to the minimum lot size requirement of 60,000 sq. ft. for Lot 131-A and 74,000 sq. ft. for Lot 131-8. The newly created lots would be typical of the average neighborhood lot size. A single family residence exists on Lot 131-A, with proposed construction of a new single family residence on Lot 131-B. Lot 131-8 is buffered from surrounding homes by mature trees and a large rock outcropping which is located east of the existing frame house. Access to Lot 131-8 off MacGregor Avenue at the southeast corner is possible but would require relocation of a power line guy pole. Staff requests a separate drawing be provided showing the proposed access driveway contours. Commissioners concerns included public requests for controlled development, public concern about allowing continued lot splitting, and area housing needs. It was moved and seconded (Brown-Cooper) Replat of Lot 131, Al Fresco Place be favorably recommended to the Board of Trustees, with the findings that there are special circumstances or conditions affecting the property, that the exception is necessary for the preservation and the enjoyment of a substantial property right of the petitioner, that the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the neighborhood in which the property of the petitioner is situated or in conflict with the purposes and objectives of this title, and contingent upon the following conditions, and it passed by the following votes: Those voting "Yes": Brown, Cooper, Pohl, Sager. Those voting "No": Burgess, Thomas: 1. Relocation of the power line guy pole at developer expense. 2. Drawing of driveway access/design be provided to Staff and that driveway design incorporate erosion control. 3. Verification of location of utility services, necessary easements, and service ability. AMENDMENT TO INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, entered into this day of , 1994 by and between the TOWN OF ESTES PARK, COLORADO, a Municipal Corporation, (Town), and the ESTES PARK URBAN RENEWAL AUTHORITY, a Colorado Urban Renewal Authority, a body corporate and politic of the State of Colorado, (Authority). WHEREAS, the Town and the Authority entered into an Intergovernmental Agreement (the Agreement) dated the 16th day of August, 1990; and WHEREAS, the parties have determined to amend certain portions of the Agreement to reflect the current understanding between the parties; and WHEREAS, since 1990 in accordance with the Urban Renewal Law and the Plan, the Authority issued Tax Increment Refunding Revenue Bonds, 1993 Series in the amount of $7,650,000.00; and WHEREAS, the Town and the Authority are desirous of amending certain provisions of the Agreement in order to maintain payment of and security for all of the bonds, facilitate the continued implementation of the Estes Park Downtown Redevelopment Program and provide the Town with funds for efficient municipal operations. THEREFORE, in consideration of the foregoing, the Town and the Authority agree to amend the Agreement as follows: 1. Paragraph 1 shall be amended to read as follows: "For the years commencing January 1, 1994, through and including December 31, 2003, the Authority shall transfer to the Town funds in the amount of $447,000.00. In addition the Authority shall transfer to the Town all revenues which are made available to the Authority by virtue of the passage of the ballot issue on November 8, 1994. Said additional revenues, when received by the Town, shall be placed in a capital improvements fund for the purpose of adhering to the terms and conditions of the ballot issue. The transfer of the above funds from the Authority to the Town shall take place on or before in each year. 2. The reference to "except those provided in Exhibit A" shall be deleted from Paragraph 6 of the Agreement. 3. Paragraph 15 shall be amended to read as follows: "This Agreement shall be effective from January 1, 1994 through and including December 31, 2003. The parties shall review this Agreement in the year 2002." 4. The Agreement shall be amended by the addition of Paragraphs 24 and 25. Paragraph 24. "The Town and the Authority agree during the term of this Agreement to meet jointly during each entities' budget process in order to jointly achieve mutual goals of the Town and Authority." Paragraph 25. "The parties agree that nothing in this Amendment to Intergovernmental Agreement shall in any way affect the security for the Tax Increment Refunding Revenue Bonds, Series 1993 nor interfere with the Authority's ability to maintain payment of said bonds." This Agreement is dated this day of , 1994. TOWN OF ESTES PARK ESTES PARK URBAN RENEWAL AUTHORITY By: By: Mayor Chairman Attest: Attest: Town Clerk Secretary -2- June, 1993 PROCEDURE FOR HEARING ON APPLICATION CHANGE OF CLASS >NEWO LIQUOR LICENSE MAYOR. The next order of business will be the public hearing on CHANGE OF CLASS the application of John and Donna Sinnott dba MAMA ROSE'S to from Beer & Wine far a New x Hotel & Restaurant Tavern Beer & Wine 3.2% Retail Beer Liquor-Licensed Drug Store Club license located at 338 E. Elkhorn Ave. TOWN ATTORNEY. The application 'was filed September 8, 1994 and, at a meeting of the Board of Trustees on September 13, 1994 the public hearing thereon was set at 7:30 P.M. on october 11 , 19 94 , and the neighborhood boundaries for the purpose of this application and hearing were established to be 3.03 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 x C-D Commercial Downtown or C-0 Commercial Outlying, which allows this type of business as a permitted use. X The notice of hearing was published on September 30, 1994 X The premises was posted on September 30, 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. 4 , DR 8411 (03/94) LIQUOR LICENSING PROCESSING DOCUMENT Col-aRADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION RETAIL LIQUOR & · 1375 SHERMAN STREET 3.2% BEER LICENSE FEES DENVER CO 80261 1-NameoLApplicant(s) (exad!!Mlt appears on state appliesnon) i ..1 /) H ki 7 Gi )RADD A 43 /k) Al (7 -77 2. Trade Name of EstablimhmenUDBA) 171 n rn A K OCAk 3. Address of-Premispadas it appears on the application) 283 48 . ¢11- K+-4/Ne b A-oP. 22729 A«9-03 DO NOT WRITE IN THIS SPACE State Sales Tax No Business Phone A P A_/ 2-3 P D £ al.31524 -23.KED • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPE- WRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ ZIP Code UAB ' p SECTION D LIQUOR LICENSE FEES U..-3 '523 -577 2300. ® Application Fee for New License ......................... $450.00 2320-750 (999) SECTION A w FEES 0,10 E Application Fee for Transfer of Ownership .......... 450.00 H applicant has a Beer and Wine, or Malt, Vinous and 1940 J £ Retail Liquor Store License (city) ......................... 202.50 Spirituous Liquor License, indicate your state Liquor 1940 El Retail Liquor Store License (county) .................... 287.50 1950 E Liquor Licensed Drugstore (city) ......................... 202.50 • License Account No. 1950 E Liquor Licensed Drugstore (county).................... 287.50 El Retail Warehouse Storag~ Permit ..................... $50.00 1960 U Beer & Wine License (city) ................................ 177.50 2 Request to Change, Alter or Modify Premises.... 75.00 1960t E Beer & Wine License (county) ........................... 262.50 E Addition of Optional Premises to Existing 1970 ®H&R License ® city 0 county...................... 326.25 1980 + [3 H & R License w/opt Prem El city E] county 326.25 Hotel/Restaurant $50.00 x __Total Fee 1990 E Club License E city E county ..................... 135.00 E Request to Change Corporate or Trade Name...25.00 2010 2 Tavern License [3 city El county .................. 326.25 E Request to Change Location ............................ 100.00 2020 2 Arts License [3 city O county ...................... 135.00 O Duplicate License ................................................ 25.00 2030i O Racetrack License U city O county ............ 326.25 E Subpoena Testimony Fees ............................... 100.00 2040 1 Optional Premises License O city m county ..... 326.25 (use license no. 21-94214) 1905 E Retail Gaming Tavern Lic U city C]county....... 326.25 2110 2 BWS Special Event Permit .............................each 25.00 2330-750 (999) f' 14> SEC'TION B' , . - Il Manager's Registration (hotel.& restaurant only) .... 75.00 ~ FEE ® Extended Hours........................ .................... 170.00 If applicant has a 3.2% Beer Retail license, indicate your • state 3.2% License Account No. El Request to Change, Alter or Modify Premises..,.,..75.00 1 O Request to Change Corporate or Trade Name...... 25.00 SECTION E 3.2% BEER LICENSE FEES E Request to Change Location ............................... 100.00 2300 U Application Fee for New License $450.00 E Duplicate License 95 00 2310 E Application Fee for Transfer of Ownership........... 450.00 2121 2 Retail 3.2% Beer On Premises - (cifi) . ............... 71.25 1970-750 (999)« v : :SECTION C FEES 2121 E Retail 3.2% Beer On Premises - (county) ............ 92.50 2122 E Retail 3.2% Beer Off Premises - (city) ................. 71.25 If applicant has a Hotel/Restaurant liquor license and is 2122 U Retail 3.2% Beer Off Premises - (county) ............ 92.50 registering a new manager, indicate your state Liquor 2123 El Retail 3.2% Beer On/Off Premises - (city)...... .. .. 71.25 • License Account No. 2123 m Retail 3.2% Beer On/Off Premises - (county) ...... 92.50 Il Manager's Registration ........................................ $75.00 2170 m 3.2% Beer Special Event Permit .................... each 10.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY UABILITY INFORMATION ~ ' License Issued Through County 1 City induitry Type Uability Date License Account Number . (Expiration Date) . , t '01 J.. 4 I '.' *L - .*/ e· tO 4 - ' 2. q " .,1.„ , Fee paid for 3.296 Beer-' ~ ~ '*sr Fee paid for Beer, Wine, and Spirituous Liquor ' f . 1 Statev.: :c J,City ~ ..3., . ::~ County 01 6 'State. City '~ County, ~ 1 Managers Reg TOTAL -750 (999) 2180-100 (999) 2190-100 (999) -750 (999) 2180-100 (999) 2190-100 (999)* ,1970-755 (999) y. Cash Fund New Ucens, C- Fund Trains- Ll"n" iTOTAL Cash Fund Now Ucins,·. Cash Fund Transfer Ext Hours City Ext Hours County j f 2300-100 2310-100 2300-100 2310-100 2180-100 2190-100 ' 4 1999) 1 (999) (999) (999) White Copy - Department of Revenue Canary Copy - Liquor Enforcement Division Pink Copy - Local Authority Goldenrod Copy - Applicant DR 8404 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET 0ENVER CO 80261 COLORADO LIQUOR OR 3.2 % FERMENTED MALT BEVERAGE LICENSE APPLICATION 1. Applicant is a Date filed with Local Authority C] Corporation (Attach DR 8177) Cilindividual (Attach DR 8404-1) F.E.I.N. E Partnership (Attach DR 8441) El Limited Liability Company (Attach DR 8405) 1 a. Name of Applicant(al_!fpartnership, list partners' names (at least two); if corporation, name of corporation Social Security No. 03 8 /4 -1 J-)0 W 4 A 61 1 A/ Al n 77-~ 5;620 -54-5541 2. Trade Name of Establishmgit (DBA) State Sales Tax No. Business Telephone m AM R eost A 363 -25-24 -3336 3. Address of Pregfes (specify e)pet location of premises) 42 9 608-r e.,c// Hor.£3 A-oe-. City-3 Couoty State ZIP Code ¢ '5(~728 PAF. F.. LAP jmp-e &651 -) G / 1 4. MBiling Addze@4 (Number and Street) Cit/Dr Town State ZIP Code P. 0 ,%3:50 %- m<Ib CLE 7PB #-21122 G.0 Vb€/ D 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 rY) AmA £321*. % 4 5 / RP.mic LI Quot 4 - /9-9<- 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 9- 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? m mr (b) had an alcoholic beverage license suspended or revoked? m c~r. (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? D [EM 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. m 9- 8a. Has a 3.2 beer license for the premises to be licensed been refused within the preceding one year? If "yes," explain in detail. 0 7 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 C] 8* seminary? 10. Has a liquor 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 U W 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 40 this license will be istwed by virtue of ownership or under a lease? (lf yes, attach a signed copy of deed or lease.) El Ownership 0 Lease C Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: ..LaCd'ord Tenant Expires -1) 10 - K-i3 Ag-Loto 21-6 \·\ L) ~thon nA :8) L) £3/17i- Attach a diagram of the area to be licensed (including dimensions) which shows the bars, walls, partitions, entrances, exits and what 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 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 rpqi iesteri DR 8404 (2/94) Page 2 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. 00 15. Club Liquor License applicahts answer the following and attach DR 8177: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? - U O (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? El El (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? _ 16. Colorado Manufacturer, Wholesaler or Limited Winery applicants, answer the following: (a) Will the applicant store or sell alcoholic beverages at more than one location in Colorado? If "yes," provide the address of each location and explain the activity to be conducted at each location (e.g., warehouse, salesroom, etc.) (Attach DR 8438 for each location) 00 (b) If applicant is a wholesaler, does or did any owner, parlner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. . 0 0 (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain whether one has been applied for. m El 17. Nonresident Manufacturer (3.2% beer or malt liquor) or Importer (3.2% beer, malt, vinous or spirituous liquor) applicants, answer the following: (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. 00 (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain in detail. 00 (d) Are you the primary source of supply in the U.S.? If "no," explain. 00 (e) Are all your products registered in Colorado? If "no," attach DR 8440 and register said products. - Em 18. Name of Manager (If this is an application for a Hotel and Restaurant License, the manager must also submit a Manager Registration Form Date of Birth (DR 8367) and Individual History Record (DR 8404-1). OATH OFAPPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and corpRIete to the best of my knowledge. Autl~rize~ Signature - ~ - Title Date 1VLLil) ~-0 -~W«.2.·< ~ 09-07-94 f,< ~ wv < ~,~REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY. i , 1.0 . 4, 1 < (Manufacturers, nonresident manufacturers, importers, wholesalers, limited wineries, and public transportation licensees. 1 . 72 * . · disregard the section below.) Is this application for a: JM, New License El Transfer of Ownership U Other (specify) Each person required to file DR 8404-1: Yes No Has been fingerprinted 00 Background, NCIC and CCIC checked 00 The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. 00 If "no," the building will be completed and ready for inspection by (date) The foregoing application has been examined; and the premises, business to be conducted, and character 61 the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for U TOWN, CITY [3 COUNTY Signature Title Date Signature (attest) Title Date If premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. RESOLUTION TO APPROPRIATE SUMS OF MONEY A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SETFORTH BELOW, FOR THE TOWN OF ESTES PARK, COLORADO, FOR THE 1995 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law on November 22, 1994; and WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to or greater than the total proposed expenditures as setforth in said budget; and WHEREAS, it is not only required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operations of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: THAT the following sums are hereby appropriated from the revenue of each fund, to each fund, for the purposes stated: General Fund: Current Operating Expense $ 7,072,069 Capital Outlay 506.885 TOTAL GENERAL FUND ................. $ 7,578,954 Museum Fund: Current Operating Expense ........... 128,031 Capital Outlay 25.323 TOTAL MUSEUM FUND ................. 153,354 Conference Center Fund: Current Operating Expense 463,972 Capital Outlay 20.000 TOTAL CONFERENCE CENTER FUND ........ 483,972 Conservation Trust Fund: Capital Outlay ............................ 10,500 Special Events Fund: Current Operating Expense ........... 404,613 Capital Outlay 211.725 TOTAL SPECIAL EVENTS FUND ............ 616,338 Light and Power Fund: Current Operating Expenses .......... 5,878,648 Capital Outlay 583.500 TOTAL LIGHT and POWER FUND ........... 6,462,148 Water Fund: Current Operating Expenses .......... 1,579,639 Capital Outlay 1.135.050 TOTAL WATER FUND 2,714,689 Self-Funded Medical Insurance Fund: Current Operating Expense .................... 161,620 - Fleet -Maintenance Fund: Current Operating Expenses .......... 198,690 Capital Outlay 4.725 TOTAL FLEET MAINTENANCE FUND ........ 203,415 Firemen's Pension Fund: Current Pensions 45,500 Policemen's Pension Fund: Current Pensions 6.588 GRAND TOTAL $18,437,078 ADOPTED this 22nd day of November, 1994. Mayor ATTEST: Town Clerk SEPTEMBER 27, 1994 HOUSING POLL: SHALL THE TOWN BUY THE PROPERTY WEST OF COMMUNITY DRIVE BETWEEN GRAVES AVENUE AND MANFORD FOR THE PURPOSE OF BUILDING AFFORDABLE HOUSING? YES 749 NO 540 OTHER 10 TOTAL 1.299 The Larimer County registration list contained 3,325 electors. Staff deleted 20 persons who were known to have relocated outside Town limits; thus 3,305 surveys were mailed September.30, 1994 to each registered elector residing inside Town Limits. A total of 318 envelopes were returned by the Post Office. Therefore, I calculate that we reached a 43% return. (The total number of votes cast in the 1994 Municipal Election were 801 = 26% return). Expenditures: Market Reach ........................ $ 504.00 Estes Quick Print (flyer & postcard). 413.00 Mountain Printery (envelope) ........ 118.12 Misc. Office Supplies .. ............. 6.43 Labels .............................. 50.00 Postage (envelopes) @ .248/ea. ..... 819.14 (postcard) @ .19/ea. ........ 627.00 Total Expenditure: $2,537.69